1914. CONGRESSIONAL RECORD-SENATE. 6889 paign of 1876-promptly elected Mr. Chandler to fill the vacancy, and "Old Zack'' was again in the saddle.

But he was not destined to enjoy his new honors long. The same senatorial term of six years, for which he was first defeated and afterwards triumphantly elected, was also fated to Eee the end of his earthly career.

During the short session of 1879 he filled his old seat in the Senate and appeared to be in fine form. He delivered a few speeches and made friends with many of the men who had en­tered the Senate during his absence.

In the last months of his life Senator Chandler ardently be­lie•ed that be would be the Republican candidate for the Presidency in 1880.

Only a few weeks before his death he discussed the conditions then prevailing in his party with an old friend, and gave his reasons for the belief that he would prove an acceptable dark­horse candidate, one on whom the warring factions could unite. The friend agreed that his reasoning and conclusions were sound.

Late in October, 1879, he visited Chicago to attend to some business and delivered his last memorable speech, prior to the meeting of Congress in December. He had completed his busi­ness and expected to return to his home in Detroit next day. On the morning of November 1 he was found dead in his bed in a hotel, having died sometime during the night from heart fail­ure, brought on by an attack of acute indigestion, from which afHiction he suffered at times.

His body lay iu state in the city hall in Detroit and thousands of his neighbors and his friends joined the long line to take a last look at his honest and rugged face.

I did not enjoy the personal acquaintance of Mr. Chandler, but I liked him, believed ~n him and the principles for which he stood, and never lost an opportunity to hear him speak. When the sudden and unexpected news of his death came I, with thousands o~ others, was shocked and made sad, for the Nation had lost a great man, and the Republican Party one of its strongest and foremost leaders.

Such, in brief, is a most inadequate sketch of the career of Zachariah Chandler, whom we are assembled here to-day to commemorate, and whose statue we now consign to the keeping of the Government which he loved so well, and which we earnestly pray may endure for all time. [Applause.]

EXTENSION OF REMARKS. Mr. FO.llDNEY. .Mr. Speaker, I ask unanimous consent that

all gentlemen who have spoken, or those who may wish to speak, on this subject may have the privilege of extending their remarks in the RECORD.

THE SPEAKER pro tempore. The gentleman from Michigan [:Mr. FoRDNEY] asks unanimous consent that all those who have

· spoken, or . who may wish to speak, on this subject may have permission to extend their remarks in the RECORD. Is there objection?

There was no objection.

ADJOURNMENT.

l\lr. SAnffiEL W. Sl\IITH. Mr. Speaker, I move that the House do now adjourn . .

The motion was agreed to; accordingly (at 1 o'clock and 40 minutes p. m.) the House adjourned until Monday, April 20, 1914, at 12 o'clock noon.

SENATE.

MoNDAY, April ~0, 1914.

The Chaplain, Rev. Forrest J. Prettyman, D. D., offered the following prayer :

Almighty God. grant unto us this day an especial measure of Thy blesslng. We can not shut our eyes to the stern facts of life that call for more than human wisdom and demand the guidance and blessing of the. Almighty. To interpret into terms of life and force the teachings of our Divine Lord is indeed a holy office. Thou dost put into the hands of Thy servants vast treasures of Christian civilization. We pray that Thou wilt gi1e grace and wisdom in the discharge of these duties. Unborn generations depend upon the issues that arise from day to day in the conduct of a great nation. 0 Lord, our God, do Thou lend Thy aid and Thy blessing, that without mistake, with firm­ness in the right as Thou dost give us to see the right, and with charity, which . is the fulfilling of the law, Thy servants muy discharge the sacred duties of their office. Grant us peace with honor and brotherhood with universal justice. For Christ's sake. Amen.

The Journal of the proceedings of Friday last was read and approved.

DISPOSITION OF USELESS PAPERS.

The VICE PRESIDENT. The Chair lays before the Senate a communication from the Secretary of the Interior transmit­ting, pursuant to law, a schedule of papers and doc'uments on the files of the Interior Department which are not needed nor useful in the transaction of the current business of the depart­ment and have no permanent value or historical interest. The communication will be referred to the Joint Committee on the Disposition of Useless Papers in the Executive Departments and the Chair appoints the Senator from Vermont [Mr. PAGEJ and the Senator from Oregon [1\fr. LANE] the committee on the part of the Senate. The Secretary will notify the House of · Representatives of the appointment thereof.

FORTIFICATIONS APPROPRIATION BILL--CONFERENCE REPORT ( S. DOC. NO. 468).

Mr. BRYAN. I submit the report of the committee of con­ference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 12235) making ap­propriations for fortifications and other works of defense, for the armament thereof, for the procurement of heavy ordnance for trial and service, and for other purposes. I will not move to take up the report at this time, inasmuch as the Senator from Utah [Mr. SMOOT] desires that it may go over until to­morrow.

Mr. SMOOT. I should like to have the conference report printed so that we can take it up to-morrow morning.

The report was ordered to lie on the table and to be printed, as follows:

The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 12235) making appropriations for fortifications and other works of defense, for the armament thereof, for the procurement of heavy ordnance for trial and service, and for other purposes having met, after full and free conference have agreed to rec~ ommend and do recommend to their respective Houses as fol­lows:

That the Senate recede from its amendments numbered 1, 3, · and 5. .

That the House recede from its disagreement to the amend­ments of the Senate numbered 6, 7, 8, 9, 10, 11, 12, and 13; and agree to the same.

That the House recede from its disagreement to the amend­ment of the Senate numbered 2, and agree to the same with au amendment as :fbllows : In lieu of the sum proposed insert "$1,200,000 "; and the Senate agree to the same.

That the House recede from its disagreement to the amend­ment of the Senate numbered 4, and agree to the snme with an amendment as f9llows: In lieu of the sum proposed insert "$1,000 "; and the Senate agree to the same.

- N. P . BRYAN, GEORGE c. PERKINS,

Managers on tlle part of the Senate. Sw AGAR SHERLEY, GEORGE WHITE, WILLIAM: 1\1. CALDER,

Managers on the paTt of the Honse.

ARMY APPROPRIATIONS-CONFERENCE REPORT (S. DOC. NO. 469). .

Mr. CHAMBERLAIN. I submit the report of the committee of conference on the disagreeing Yotes of the h>o Houses on the amendments of the Senate to the bill (H. R. 13453) making appropriations for the support of the Army for the fiscal year ending June 30, 1915. It is a partial report and I request that the reading of it may be dispensed with, and that it may be printed for the use of the Senate.

The VICE PRESIDENT. Is there objection to agreeing to the conference report as far as the conferees haYe agreed?

Mr. SUTHERLAND. I think we ought to know what arc the points of agreement. I think the report should be rend, or a statement should be made by the chairman of the committee.

Mr. OVERl\lAN. I will say that it is very unusual to agree to a conference report where there is only a partial agreement, but the conferees should consider all the questions in disagree­ment between the two Houses and make a full report on the whole matter.

Mr. GALLINGER. I think the Senator from North Carolina is wrong in that contention. It is the usual custom to agree to the portion of a report that has been agreed to by the con­ferees of the two Houses unless an objection is raised. I think the motion of the Senator from Oregon is quite in or<ler, and

'

'6890' CONGRESSIONAL RECORD-SEN ATE. APRIL 20~ '. .

we should agree to the report and then appoint a further con­ference to take up the controverted questions.

Mr. OVERMAN. I have known occasions of this kind where the conferees have not agreed, and the conferees kept the whole thing open so that they might take into consideration all the matters that were in disagreement as well as those in agree­ment. I think it would be better for the conferees to let the whole report go back.

Mr. CHAMBERLAIN. I hope the Senator from North Caro­lina will not object.

Mr. OVERMAN. I do not object. I merely made the sug­gestion to the chairman.

Mr. SUTHERLAND. There is not a member of the Senate who understands anything about the report except the con­ferees. I asked a moment ago that the conference report either be read or that the chairman of the committee should make a statement.

Mr. WARREN. May I ask the chairman of the committee if the conference report is a long document?

.Mr. OH.Al\IBERLAIN. The report is quite long. I will say in this connection that the only items in disagreement are the larger ones which involve the question of policy between the conferees on the part of the House and the conferees on the part of the· Senate, and it is quite important that the Senate should agree to the report as presented.

Mr. W A.:tR.EN. It seems to me that a conference report on a bill of this kind is of enough im}Jortance to spend the time necessary to have it read. The Senate, I think, would be better satisfied if that course were followed.

Mr. CHAMBERLAIN. I have no objection to having the report read. I only wanted to save the time of the Senate.

The VICE PRESIDEl"\TT. The Secretary will read the con­ference report.

The Secretary proceeded to read the conference report, which is as follows :

The committee of conference on the disagreeing Yotes of the two Houses on the amendments of the Senate to the bill (H. R. 13453) making appropriations for the support of the Army for the fiscal year ending June 30, 1915, ba ving met, after full and free conference have agreed to recommend and do recommend to their respective Houses as follows:

That the Senate recede n·om its amendments numbered 2, 3, 5, 13, 14, 20, 28, 29, 30, 31, 64,- 65, 66, 90, 103, 105, 107, 108, 143, 144, 145, 153, 154, 155, 157, 158, 162, 163, and 165.

That the House recede from its disagreement to fhe amend­ments of the Senate numbered 1, 6, 7, 8, 9, 10, 11, 12, 15, 16, 17, 19, 21, 22, 23, 25, 20, 32, 33, 34, 35, 36, 37, 39, 40, 41, 42, 43, 44, 47, 48, 49, 50, 51, 52, 53, 54, 55, 130, 57, 58, 59, 60, 61, 62, 63, 67, 68, 69, 70, 71, 72, 73, 74, 75, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 88, 89, 91, 92, 93, 94, 95, 96, 97, 99, 100, 101, 102, 104, 106, 110,

' 111, 112, 114, 115, 116, 111, 118, 119, 120, 122. 12o, 126, 128, 129, 130, 132, 133, 135, 136, 138, 139, 140, 141, 142, 146, 147, 148, 150, 151, 152, 156, and 160, and agree to same.

Amendment numbered 4: That the House recede from its dis­agreement to the amendment of the Senate numbered 4, and agree to the same with an amendment as follows: In lieu of the sum PI'oposed by said amendment insert " $11,000" ; and the Senate agree to the same.

Amendment numbered 18: That the House recede from its disagreement to the amendment of the Senate numbered 18, and agree to the same with an amendment as follows: In lieu of the matter proposed by said amendment insert the following:

"Washington-Alaska military cable and telegraph system: For defraying the cost of such extensions and betterments of the Was.bington-Alaska military cable and telegraph system as may be approved by the Secretary of War, to be available until the close of the fiscal year 1915, from the receipts of the Wash­ington-Alaska military cable and telegraph system which have been co-veTed into the Treasury of the United States, the extent of such extensions and betterments and the cost thereof to be reported to Congress by the Secretary of War, $50,000."

And the Senate agree to the same. Amendment numbered 27: That the House recede from its

disagreement to the amendment of the Senate numbered 27, and agree to the same with an amendment as follows: Omit the language stricken out by said amendment; in line 9 of &aid a.1endment omit the word "hereafter" ; and on page 6, line 24, of the bill strike out the word " hereafter " ; and the Senate agree to the same.

Amendment numbered 38: That the i:Iouse recede from its (lisagreement to the amendment of the Senate numbered 38, and agree to the same with an amendment as follows: In lieu of the sum proposed by said amendment insert " $950,000 " ; and the Se~ate agree to the same.

Amendment numbered 45: That the House recede from its disagreement to the amendment of the Senate numbered 45, and agree to the same with an amendment as follows: In lieu of the matter proposed by said amendment insert the following : "Additional pay while on foreign service, $0,000 " ; and the Senate agree to the same.

Amendment numbered 46: That the House recede from its disagreement to the amendment of the Senate numbered 46, and agree to the same with an amendment as follows: In line 5 of said amendment strike out the words " 20 per centum n and insert in lieu thereof "$200 each per annum", and in line 13 of the same amendment, after the word " may " and the comma, insert the words "in case of vacancy and"; and the Senate agree to the same.

Amendment numbered 76: That t.be House recede from its disagreement to the amendment of the Senate numbered 76, and agree to the same with an amendment as follows: In lieu of the matter proposed by said amendment insert the following :

"Provided, That hereafter whenever the number of officers holding permanent appointments in any staff corps or staff department of the Army, except the Quartermaster Corps, shall ha-ve been reduced below four and a vacancy shall occur in an office above the grade of colonel in said corps or department, any officer of the Army with rank above that of major who shall have served creditably fot· not less than four years by detail in said corps or department under the provisions of sec­tion 26 of the act of Congress approved February 2, 1901, shall, in addition to officers otherwise eligible, be eligible for appoint­ment to fill said vacancy: Provided ft.trtlwt, That hereafter whene-ver the President shall deem it inadvisable to reappoint, at the end of a four-year term, any officer who, under the pro­visions of section 26 of the act a_pproved February 2, 1001, or acts amendatory thereof, has been appointed for such a term, in any staff corps or staff department, to an office with rank aboYe that of colonel, but whose commission in the lower grade helll by him in said staff corps or staff department at the time of his appointment under said act to an office of higher grade has been vacated, the President may, by and with the advice and consent of the Senate, appoint said officer to be an o1H.cer of the grade that he would have held, and to occupy the relative posi­tion that he would have occupied, in said staff corps or staff department if he bad not been appointed to said office with rank abo-ve that of colonel; and if under the operation of this pro­viso the number of officers of any particular grade in any staff , corps or stair department shall at any time exceed the number authorized by law other than this act, no vacancy occurring in said grade shall be filled until after the total number of officers therein shall haye been reduced below the number so authorized: A111:t rp1"0Vi(Led fw·thcr, That after September 1, 1914, in time of peace, whene-ver any officer holiling a permanent commiss1on in the line of the .Army, with rank of colonel, lieutenant colonel, · or major, shall not have been actually present for duty for at least two years of the last preceding six years with a command composed of not less than two troops, batteries, or companies of that branc.b of the Army in which .be shall hold said com­mission, such officer shall not be detached nor permitteu to remain detached from such command for duty of any kind except as hereinafter specifically provided ; and all pay an<l allowances shall be fol'feited by any superior for any period during which, by his order or bis permission, or by reason of his failure or neglect to issue or cause to be issued the pro11er order or instructions at the proper time, any officer shall IJc de­tached or permitted to remain detached in violation of any ot the terms of this act; but nothing in this act shall be held to apply in the case of any officer for such period as shall be actually necessary for him, after having been relieved from detached service, to join the organization or command to which he shall belong in that branch in which be shall hold a perma­nent commission; nor shall anything in this act IJe held to apply to the demchment or detail of officers for duty in connection with the construction of the Panama Canal until after such c..'l.nal shall have been formally opened, or in connection with the Alaska Road Commission or the Alaska Railroad or the Burealt of Insular Affairs; and nothing in this act shall prevent tlle redetail of officers above the grade of major to :fill vacancies in the -vru.·ious staff corps and departments as provided for by section 26 of the act of Congress approved February 2, 1001 : P1·ovided further, That whenever the service record of n.ny field ' officer is to be ascertained for the purposes of this act, all duty actually performed by him during the last preced.ing six year. , in a grade below that of major, in connection with any statu­tory organization of that branch of the Army in which he shall hold a pe.1·manent commission, or as a staff officer of any coast defense or Coast Artillery district, shall be credited to him n s actual presence for duty with a command composed as herein-

1914. CONGRESSIONAL RECORD-SENATE. 6891 before prescribed: Ancl pr·ovided further, That temporary duty of any kind hereafter performed with United States troops in the field for a period or periods the aggregate of which shall not exceed 60 days in any one calendar year, and duty here~ after perfo~:med in command of United States Army mine planter by an officer assigned to a company from which this detach~ ment is drawn, and duty hereafter performed in command of a machine-gun platoon or a machine-gun unit, by any officer who, before assignment to such duty, shall have been regularly assigned to, and shall haYe entered upon duty with, an organ~ ization or a command the detachment of certain officers from which is prohibited by the act of Congress approved August 24, 1912, or by this act, shall, for the purposes of said acts, h~re~ after be counted as actual presence for duty with such orgamza~ tion or command."

And the Senate agree to the same. Amendment numbered 87: That the House recede from its

disagreement to the amendment of the Senate numbered 8!, and agree to the same with an amendment as follows: In lieu of the amended paragraph insert the following :

"For expenses of courts-martial, courts of inquiry, military commissions, and compensation of reporters and witnesses at­tending the same, and expenses of taking depositions and s~ curing other evidence for use before the same, $40,000."

And the Senate agree to the same. Amendment numbered 98: That the House recede from its

disagreement to the amendment of the Senate numbered 9~, and agree to the same with an amendment as follows: In heu of the sum proposed by said amendment insert " $175,000 " ; and the Senate agree to the same. .

Amendment numbered 109: That the House recede from 1ts disagreement to the amendment of the Senate numbered 1~9, nnd agree to the same with an amendment as follows: Stnke out the amended paragraphs; and the Senate agree to the same.

Amendment numbered 124: That the House recede from its disagreement to the amendment of the Senate numbered 124, and agree to the same with an amend.IJ?.ent as follows: Restore the matter stricken out by said amendment and add the fol­lowing : " or horse races; but nothing in this proviso shall be held to apply to the officers, enlisted men, and horses of any troop, battery, or company which shall, by order or permis~ion of the Secretary of War, and within the limits of the Umted States, attend any horse show or any State, county, or mu~ nicipal fair, celebration, or exhibition"; and the Senate agree to the same.

Amendment numbered 127: That the House recede from . its disagreement to the amendment of the Senate numbered 127, and agree to the same with an amendment as follows: In lieu of the rna tter proposed in said amendment insert the following : "That not exceeding the sum of $6,000 of this appropriation may be expended, in the discretion of the Secretary of War, for the construction of a rostrum in the national cemetery in the Presidio of San Ftancisco, Cal.: Provided fm·ther, That not exceeding the sum of $60,000 of this appropriation may be expended, in the discretion of the Secretary of War, for the construction of a library building for the Army Service Schools at Fort Leavenworth: And provided f 'wrther"; and the Senate agree to the same.

Amendment numbered 131: That the House recede from its disagreement to the amendment of the Senate numbered 131, and agree to the same with an amendment as follows: In lieu of the sum proposed by said amendment insert " $485,000 " ; and the Senate agree to the same.

Amendment numbered 134: That the House recede from its disagreement to the amendment of the Senate numbered 134, and agree to the same with an amendment as follows: In lieu of the matter proposed by said amendment insert the following: "Provided, That the accounting officers of the Treasury are authorized and directed to allow and credit in the accounts o:t First Lieut. Robert L. Weeks, United States Army, the sum of $1,340, disallowed against him on the books of the Treasury in accordance with a ruling of the Comptroller of the Treasury dated March 14, 1913; and that hereafter any officer of the Army and member of said board of road commissionel's who is lh·ing with his family while serving as a member of said board within tlle limits of the Territory of Alaska, and not stationed at a military post, shall be entitled to receive a per diem com­mutation fixed by the board in lieu of 'actual living expenses,' as now provided by law ; and this provision shall embrace the time during which any member of said board shall have failed in the past to receive any allowance for expense of living by reason of the decision of the Comptroller of the Treasury above referred to, to the effect that said allowance could not be made to an officer living with his family"; and the Senate agr'ee to the same.

Amendment numbered 149: That the House recede from its disagreement to the amendment of the Senate numbered 149, and agree to the same with an amendment as follows: Omit the words inserted by said amendment and, on page 43, line 4, of the bill, strike out the words "and materials therefor"; and the Senate agree to the same.

Amendment numbered 159: That the House recede from its disagreement to the amendment of the Senate numbered 159, and agree to the same with an amendment as follows: In lieu of the matter proposed by said amendment insert the following: "$450,000: Provided, That existing written agreements involv~ ing the purchase of patented articles, patents for which have not expired, may be carried out"~ and the Senate agree to the same.

On the amendments of the Senate numbered 24, 113, 121, 123, 137, 161, and 164 the committee of conference have been unable to agree.

G. w. CHAMBERLAIN' LUKE LEA, F. A. DU PONT,

Managers on the part of the Senate. JAMES HAY, s. H. DENT, JT., JULIUS KAHN,

Managers on the paTt of the House.

l\Ir. SUTHERLAl"\TD. It is quite evident that from a mere reading of the report no understanding can be had of it, and I ask that it may be printed and go over until to-morrow.

The VICE PRESIDEN'l'. Is there objection? The Chair hears none, and the report will be printed and go over until to­morrow.

MESSAGE FROM THE HOUSE.

A message from the House of Representatives, by J. C. South, its Chief Clerk, announced that the House had passed a con~ current resolution providing that the two Houses of Congress assemble in the Hall of the House of Representatives on Mon~ day, the 20th day of April, 1914, at 3 o'clock in the after­noon, for the purpose of receiving such communication as the President of the United States shall be pleas~d to make them, in which it requested the concurrence of the Senate.

The message also announced that the House had passed a concurrent resolution presenting the thanks of Congress to the governor, and through him to the people, of Michigan, for the statue of Zachariah Chandler, etc., in which it requested the concurrence of the Senate.

The message fl1rther announced that the House had passed a bill (H. R. 15279) making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 1915, and for other purposes, in which it requested the concurrence of the Senate.

_ PETITIONS AND MEMO~S.

The VICE PRESIDENT presented petitions of sundry citi~ zeus of Columbus and Madison, in the State of Indiana; of sundry citizens of Elk Rapids, Detroit, Bad Axe, and St. Johns, in the State of Michigan; of sundry citizens of Chicago, Ill. ; of sundry citizens of Bonham, Tex.; of sundry citizens of Crookston, Minn.; and of sundry citizens of Troy, N. Y., praying for the adoption of an amendment to the Constitution to pro­hibit polygamy, which were referred to the Committee on the Judiciary.

l\1r. LODGE. I present resolutions adopted by the General Court of the Commonwealth of Massachusetts, which I ask may be printed in the RECORD.

There being no objection, the resolutions were ordered to be printed in the RECORD, as fo1lows:

THE COi\r;\W:'<WEALTH OF MASSACHUSETTS, 19J 4_ Resolutions relative to the restriction of immigration.

Resolved, That the General Court of the Commonwealth of Massa­chusetts protests against the provision in the Burnett-Dillingham biii, so called, now pending in Congress, that imposes a test of the ability of an immigrant to read. The general court believes that anv educa­tional test would be misleading and oppressive and would tend !:o make the admission of the immigrant a matter not so much of his real worth and capacity as of the opportunities for education which he had hap· pened to enjoy or from which he had been debarred by circumstances.

Resolved, That copies of these resolutions be sent by the Secretary of the Commonwealth to the Members of Congress from this Common· wealth and to the presiding officer of each branch of Congress.

In senate, adopted March 19, 1914. In house of representatives, adopted in concurrence April 6, 1914. A true copy. Attest:

FRANK J. DONAHUE, Secretary ol the Commonwealth.

Mr. LODGE. In this connection I ask to have printed in the ­RECORD three brief letters and a telegram.

6892 CONGRESSIONAL RECORD-SENATE. APRIL 20, ·

There being no objection, the letters and telegram were ordered to be printed in the REcoRD, as follows :

.BROTHERHOOD OF RAILROAD TRAINMEN, CITY PoiNT" LODGE, No. 507,

South Boston, Maas.~ Apn1 18, 19~.

Jion. HENRY CABOT LODGE, United Stat&t Sena-te, Washington, D. 0.

SE'!IIATOR-: On behalf of an organization having a consid-erable mem­bership that desires the illiteracy test enacted into law precisely as It passed the House February 4 last by a two-thirds vote, f beg to urge you to vote in favor of keeping the test in the bill as it is and unamended, and that you give the bill your a.ggressive support and powerful influence so that it may become a law this session.

Our national legislative representati>e has appeared before the House Committee on Immigration and so. fully explained ou1· position and the position of our members that I will not intrude further on your good time to argue o.r explain the matter. As members of the organization we want this done for the good of the working people of this country, whether native or foreign born, and we assure yon it will be ap· preciated. Hoping to hear from you with reference to it, I am,

Very respectfully, yours, [SEAL.]

Senator H. CABOT LoDGE, Washingtt>n, D. 0.

CHAS. B. BERGER, Secretary Lodge No. 501.

SENATOR: On behalf of an organization having a considerable mem­bership that desires the illiteracy test enacted into law precisely as it passed the House February 4 last by a two-thirds vote, I beg to urge you to vote in favor of keeping the test in the bill just as it is and unamended, and that you give the bill your aggressive- support and powerful influence, so that it may become a law this session.

Our national legislative representative has appeared before the House Committee on Immigration and so fully explained our position and the position of our members that I will not intrude further on your good time to argue or explain the matter. As members of the organization, we want this d<>ne for the good of the working people of this country, whether native or foreign born, and we assure you it will be appre­ciated. Hoping to bear from you with re-ference to it, I am,

Very respectfully, yours, [ SE~.] TI!EODOitE B. WARDWELL,

Secretary-Treasurer Worcester Division, No. G.;, BrotherTtoocl at Looomotive Engineers,

ll! Hammond Street, Worcester, Mass.

BllOTHERHOOD OF RAILROAD T RAINMEN, PIO~EER LoDGE, No. 238,

West S1J1'i11gfteZtJ,, lff.ass., April 16, 1914. Mr. IIENRY CABOT LoDGE,

United States Senate, Washington, D. 0. SE~ATOR: On behalf of an organization having a considerable mem­

bership that desires the illiteracy test enacted into law precisely as it­pas ed the House February 4 last by :~. two-thtros vote, I b-eg to urge you to vote in favor of keeping the test in th-e bill just as it is and unamended, and that you give the bill your- aggressive support and powerful influence, so that it may become a law this, sessioo.

Our national legislative representa.tive has apperu·ed before the Honse Committee on Immigration and so fully explained onr position and the position ot our members that I will not intrude further on your good time to argue or explain the matter. As members of the organization we- want this done for the ~ood of the working people of this country. . whether native or foreign oorn, and we assure you it will be appre· ciated. Hoping to hear from you with reference to it, I am,

Very respectfully, yours,

He also presented a petition of the congregation of the Reformed Presbyterian Church of Eskridge, Kans., praying for the adoption of an amendment to the Constitution to prohibit polygamy, which was referred to the Committee on the Judiciary.

He also presented memorinls of sundry citizens of Herndon and Nekoma, in the State of Kansas, remonsh·ating against the enactment of legislation compelling the observance of Sunday as a day of rest in the District of Columbia, which were re­ferred to the Committee on the District of Columbia.

He also presented petitions of sundry citizens of Herndon and Nekoma, in the State of Kansas, praying fo1· the enactment of legislation to provide compensatory time for Sunday service performed by employees in the Post Office Department, which were referred to the Committee on Post Offices and Post Roads.

Mr. SIDVELY presented petitions of sundry medical SQCi­eties of Sullivan, Perry, and 1\Ionroe Counties, in the State of Indiana, praying for the passage of the so-called antinarcotic bill, which were 01·dered to lie on the table.

He also presented a petition of the Pharmaceutical Associa­tion of Valparaiso University, Valparaiso, Ind., praying for the enactment of legislation to prohibit the discrimination in. prices and to provide for publicity of prices to dealers and the public, which was- referred to the Committee on Interstate Commerce.

He also presented a petition of Local Union No. 118, United Garment 'Yorkers of America, of Indianapolis, Ind., praying. for the enactment of legislation to regulate interstate commerce in convict-made goods, which was referred to the Committee on Interstate Commerce.

He also presented petitions of sundry churches and citizens in the State of Indiana, praying for nationlll prohibition, which were referred to the Committee on the .Judiciary.

Mr. THO~fAS presented memorials of sundry citizens of the State of Colorado, remonstrating against national prohibition, which were referred to the Committee on the Judiciary.

Mr. SHEPPARD presented a petition of the. congregation of the First 1\Iethodist Church of Dallas, Tex., praying for the establishment of a :national bureau of censorship of motion pic­tures, which was referred to the Committee oil Education and Labor.

He also presented a petition of sundry citizens ot Houston, Te..Y..., praying for the enactme-nt of legislation to provide com­pensatory time for Sunday service of employees in the Post Office Department, which was referred to the Committee on Post Offices and Post Roads.

He also presented sundry memorials of. citizens of Texas, re­monstrating against national pr-ohibition. which were referred to the Committee on the Judiciary.

He also presented petitions of sundry citizens of Texas, pray4

ing for national prohibition, which were referred. to the Com­mittee on the Judiciary .

He also presented a memorial of sundl·y citizens of Texas, remonstrating against the enactment of legislation compelling the observance of Sunday as a day of rest in the District of Columbia. which was referred to the Committee on the District

NoRTH BROOKFIELD, MAss., Apr-ll 15, 1911. of Columbia. Ron. HE.."'\lll": CADOT LODGEJ, Washington, D. o.: 1\Ir. THOMPSON presented a petition of sundry citizens of

On behalf of an organizution having a cooslderable membership that Galena, Kans .. praying for national prohibition, which wns re­·desires the illiteracy test enacted into law precisely as it passed the ferred to the Committee on the Judiciary. Honse February :!last by a ~o-third~ vote, l b~ t? urge you to vote 1\Ir. POMERENE presented memorials of sundry citizens of in favor of keepmg the test m the b1ll just as It IS :md u.nameDded, . . . . . . . . · . and that you give the bill your aggressive support and powerful infiu- . Piqua, Ohio, remonstratmg agamst natiOnal prohibttion, wh1ch enee, so tl!at it ma.y become a law th!s session. were referred to the Committee on. the Judiciary.

Our national legu~latlve representative has.appeared bef~n:e the Honse Mr BRADY I haye received a communication from the Commi,ttee on Immigration and fully cxplamed our poSltion and the · · _ . _ . position of our me!llbers. As members of the organization we want this govet'Ilor of the State of. Colorado m reference to a resolution done for the gooet of the working people of this country, whether native ado¢ed by the conference of western governors, which was in or foreign born, and we assure you that it will be appreeiated. session in Denver April 7 to 11. I should like to h::rve it read.

W. L. 1\lcM~N, Th b . bj t ' th . ti d Ohainnan Brotherhood Rail1·oaa Tt·ainmen Legislative ere emg no o ec lOU, e commuruca on was rea , as Board for Massachusetts~ New Braint1·ee, .~ass. follows;

Mr. WILL~IS presented a petition of sundry citizens of :Amory, Miss., praying for the enactment of legislation to pro­vide u compensatory time privilege to post-office- employees, etc., which was referred to the Committee on Post Offices and Post Roads.

STATE 0-'F C{>LOJIADO, EXECUTIVE 0Fii'TC"E, Den,;er, A.prfl 14, 191~.

Hon. .J Al\IES H. BRAD¥, United StateiJ Senate, Washing-tat~, D. 0.

MY DEAn SE~ATOR: It has been reported to me that tlle resolution pertaining to the water power~t of the West, unanimously adopted by the western governors' conference in session in Denver April 7 to 11,

Mr. GALLINGER presented a petition o:f the New Ramp- was omitted from the. eastern press reports. Inasmuch as this was shire Annual Conference of the Methodist Episcopal Church, of one of the most important of the resolutions adopted by the conference Plymouth, N . H., and a petition of the Federated Churches of and one in which great interest was taken, I give yon below a. copy of

M d 'th N H in f ti 1 hib'ti . h the same for your infoYIDation: ere 1 , • ., pray g or na ona pro 1 on, whic were "Wbereas Congress has declared 'the water of all lakes, rivers, and referred to the Committee on the Judiciary. othe-r sourees of water sngply upon the public lands and not navigable

He also presented D petition of sundry citizens of Ports-' rrc: 1 ~:r~1~Jr!.~'in~i~g. ·~J0iu~~~~~fn~~~~g~tP~e01nt::tprte mouth, N. H., praying that a liberal appropriation be made for I Federal Go>ernment ha.s no lawful authority t!l exercise control over the maintenance of thP Children's Bureau which was referred the water of a. State through ownership of prrbhc lands. . , . ' · " We ma.intnm tbe waters of a State belong to the· ~oJ>le of the State, :to the Oomm1ttee on Approprtatwus. nnd that the States should be- left free to de-velop water-power possi-

1 Mr. BRISTOW presented petiUons of sundry citizens of bilities and should receive fully the revenues and other ben.eftts derived Kansas, praying for national prohibition,. which were referred from sucll .dev-e1~pm~t." E. M. AMMONs, Ito the Committee on the Judiciary

4 Yours, very truly, Beoretat·y Westem Gove1·not·s' Oonterence.

1914. CONGRESSIONAL REOORD-SE.[ ATE. 6893

:Mr BRADY. :Mr. President, I have a very short article from a late issue of the Daily Consular and Trade Reports, entitled " Sawdust Briquets in British Columbia."

The Department of Agriculture is at the present time making an intelligent investigation and study as to the best manner of saving the by-products of our forests.

The Division of Forestry is also doing some splendid work along these lines, and I believe that the information contained in this article by Consul General R. E. Mansfield, of Vancouver, will be tfeneficial to the readers of the RECORD, and also infor­mation which the Senators should have.

I ask that the article be printed in the RECORD. There being no objection, the matter refen·ed to was ordered

to be printed in the RECORD, as follows: SAWDUST BRIQUETS IN BRITISH COLUMBIA.

[Consul General R. E. Mansfield, Vancouver.] The disposition and profitable utilization of the by-products or

refuse from sawmills is a question that Is reeeiving the serious con­sidt>ration of Individuals and companies opera.ting the mills on the Pacific coast. The production of lumber and shingles constitutes one of the prjncipal industries of British Columbia, but on account of the extensive tracts of timberland and the increasing demand fov lumber and shingles it has not yet reached the magnitude to which it promises to attain.

'l'he increasing number of large sawmills, the growing importance of the lumller interests, and thP. thousands of tons of by-products or refuse in the way of sawdust. splinters, bark, slabs, and sma!I cuttings that are constantly accumulating at the mills JDake the utillz~tion of this waste material a matter of importance to the lumber and shingle manufacturers.

DE31AND FOR CHEAP FUEL IN CO:Io"VENlENT FORM.

The demand for a cheap fuel in convenient form, one that will pro­duce less ash and cinder than coal, has t>ncouraged experiments in the utilization of the by-product of the mills, especially of sawdust in comprPssed form . Most of the mills now use the sawdust from their plants in the fumaces for the production of steam power, and in ROme instances for generating electricity.

The conversion of the refuse into fuel possessing greater beat­producing powN· than the sawdust in its original form promises to develop a profitable lndustrv. It will also lessen the cost of operatln~ the mills by disposing of the t>y-prodnct that now constitutes an itt>m of considerable expense. The average loss is about 20 per cent of the cut in the manufacture of lumber, and in the Armstrong-Ken- pr-ocess sufficit>nt residue is obta-ined from the cutting of 1,000 feet of lumber to make 1 ton of briquets.

Tht> approximate cnt of the 220 sawmills, large and small, in British Columbia Is 1,350.000,000 fe1>t of lumber annually. The estimated waste from the cut of 1,000 feet of lumber- is 350 pounds of sawdust, making a total annual rE'sidue from the mills in the Province of 236.2fi0 tons. If this waste material were converted into briout>ts at a market value of $6 per ton. the total value would be $1,417.500_

'l'o meet the demand for the utilization of this waste material two companies arP conducting experiments in the manufacture of briquets. One bas a plant in Victoria that is now turning out a considerable quantity of the new fuel, and the other is constructin~ a briquet factory in Vancouver for one of the largest lumuer companies.

PROCESS OF MA!o!UF.A.CTURE-COSTS.

The process employed in the plant at Victoria is described as· fol­lows: The bark. slabs, shavings, sawdust, and other portions of the wood refuse from the sawmills is first passed through a " bog;• or ed!:dn~ machine, in which it is cut into pieces not more than three­fourths inch Jon~ 'l'bP matPrial Is then passed into a shredder, where it ls reduct>d to fine particles from the thickness of a match up to a quarter of an inch. From the shredder it passes into a dry kiln, where it is thoroughly dried, as green particles of wood will not adhere and remain in form, no matter how g-reat the pressure may be. From the drier it goes to the b('avy compress machine, where it is pressed into bt·iqnets or rolls 3 · inches in diamet~r. held together with a 7-ply tarred jute string. the only bond used in the llriquets.

The cost of production, including depreciation, interest on capital, insurance, etc., is eRtimated at 3 per ton. The sellin~ {)l"ice will be gov('rned by the prir.P of coal, as the new fuel will be a competitor of coal for domestic uses. The mannfacttrrers claim that the briquets as a grate fuel and for cooking purposes, especially for baking, are superior to 'either wood or coal. as lt is more combustible than the lattPr and lenves less ash and residue than eitht>r.

From scientific tests made by experts the fuel is said to contain 8..614 BritiRh thermal units to the pound, and the ash amounts to 2~ per cent. The company claims that from exper·iments made recently no ash or residue resulted from the burnin~ of their product either in a grate, Rtove, or furnace. It is also· claimed that it requires less air· to lnsure J!OOd combustion than other fuels, especially coal, and that it does not dlsintegTate in the process of burnin~. The plant at Victoria is eauipped with three machines with a daily capacity of 7 tons each. The fuel can be manufactured and delivered within a mile of the factory at a. cost of $.3 per ton, which is much less than the cheapest grades of Pacific coast coal.

CO:.\IPOSIT10:\ OF THE BRIQUETS.

The briquets manufactured by one company are made from saw­dust and otht>r by-products of the mills, to which is added tar, pitch, petroleum refuse, or similar substances of an adhesive nature, in sufficient quantities to bind or bold together the principal ingredient. The tiller ls coal, yellow clay, or other substances, the quantity or proportion depending upon the quality of sawdust used. The cheap­est quality of soft-coal du t or sla-ck, including a considerable per­centage of dirt and ash. may be used to advantage. The composition of the briquets is as follows: Wood refuse, 65 per cent; eoal, 2~ per cent; pitch. tar, or oil, 10 per cent. The weight is one-third less than that of an equal bulk of coal.

The sawdust produced in the cutting of l.umba- on the Pacific coast is not really dust but flakes. Cut from softwood with saws especially made for the timber the residUe is soft, spongy, and resilient, and in

the raw state is difficult to compress, whereas tbe sawdust obtainable at the mms in the Eastern States, eastern Canada, and in Europe is fl'om heavier wood, 1<:: granular in form, and is mm:e easily compressed. requires less preparation and a smaller proportion of binding material, and is consequently less expensive to manufacture.

To convert the refuse of the British Columbia mills into briquets it is necessary first to pass it through a shredder~ and then through a. pulverizer to reduce it to a consistency from which it can be pressed i.nto proper form.

BRIQUETTING MACIIINERY.

The machinery required in the manufacture of briquets depends on the material utilized and the preliminary preparation necessary, such as pulverizing, drying, etc. The machines used in one process, designed and built especially for the purpose, are capabl~ of a wide range of adjustment, wtth a maximum pressure ot 10,000 pounds to the square inch. The cost of a compressing maclline witll an average capacity of 11,000 briquets per hour is from $12,000 to $14,000_ The pre­paratory machint>ry consists of special forms of grinders, pulverizers, amalgamators, and mixers. The raw material is measured and weighed automatically and carried to the various parts of tile plant by ele­vators and conveyors automaticnlly operated.

Mr. CATRON presented petitions of sundry citizens of New l\Iexico, praying for national prohibition, which were referred to the Committee on the dUdiciary. Mr~ STERLING presented memorials of sundry citizens of

Huron, S. Dale, re~onstrating against national :prohibition, which were referred ta tl::..e Committee on the Judiciary.

l\Ir. NELSON presented memorials of sundry citizens of Min- • nesota, remonstrating against national prohibition, which were 1

referred to the Committee on the Judiciary. He also presented petitions of sundry citizens of Minnesota,

praying for national prohibition, which were referred to the Committee on the Judiciary.

He also p1·esented petitions of sundry citizens of Virginia and Duluth, in the State of Minnesota, praying for the adoption of an amendment to the Constitution to prohibit polygamy, which were referred to the Committee on the Judiciary.

He also presented memorials of sundry citizens of Stillwater and St. Paul, in the State of Minnesota:, remonstrating against the enactment of legislation compelling the observance of Sun­day as a day of rest in the DistricJ~ of Columbia, which were referred to the Committee on the District of Columbia.

He a1£o presented petitions of sundry citizens of Minnesota, praying for the enactment of legislation to amend the postal and ci~service laws, which were referred to the Committee on Post Offices and Post Roads.

Re also presented a petition of Typographical Union No. 136, of Duluth, Minn., praying for the enactment of legislation mak­ing lawful certain agreements between employees and laborers and persons engaged in agriculture or horticulture, to limit the issuing of injunctions in certain cases, and for other purposes, which were referred to the Committee on the Judiciary.

Mr. MA.RTINE of New .Jersey. Mr. President, I have a peti­tion from the capital of my State t() present to the Senate.

I - desire first t() preface it with the statement that I am op­posed to the bill to repeaT the so-called Panama Canal tolls, and should it be my privilege to be present when the vote comes, I shall so declare myself in vote.

With no spirit of gloating or exultation, I have in my hand a petition that is most numerously signed from the capital of my State, in the city of Trenton, protesting against the passage of that bill and requesting, among other things, that I read the same in the Senate. I shall desist from that, inasmuch as it says some flattering things regarding myself. I will send it to the Secretary to be read.

I want to say that I am with the President. I believe him to be a patriot and a statesman, but on this question of the Panama Canal tolls- my conscience and my judgment lead me to vote "nay." I do this in no sense or desire to be spectacular, but because the dictates of my judgment say no.

I believe that the welfare of the country demands the toll exemption. I believe that the great preponderance of public sentiment in the United States protests against the repeaL I want to be with the President, but I will only vote with the President, or any other man, on this or any other theme, when conscience and heart bid me. I do not believe, and I have too mucb fuith in the President of the United States to believe, that he desires me or any other man to be \vith him without heart and without conscience.

I request that the petition may be read. I have about n hundred postal cards in the same line and more are coming eacll

' day. There being no objection, the petition was read, as follows:

CITIZE.NS' COMMITTEE, AG..U:XST REPBAL OF PANAMA CANAL TOLLS,

Trenton, N •. J., April 16, 19.4. Hon.. .J AllES. E. M:AnTI:~<E,

United States Benato1· from JfetD Jm·se71, Wash.inntott, D. 0.

DEAR SIR: At a larg~ly attended citizens' me.eting- composed of all classes and politiCAl affiliatiomt of influential Tnnton ettizens held ill

. 6894 CONGRESSIONAL RECORD-SENATE . APRIL 20, '

the Young Men's Christian Association Auditorium, Wednesday evening, April 15 and addressed by Hon. Frederick W. Donnelly, mayo1· of the cHy; Hon. Barton B. Hutchinson, State senator from Mercer County; and Bainbridge Colby, esq., of New York, the following resolutions were unanimously adopted; and in accordance with the resolutions, we are forwarding them to you, with the request that you read them in the Senate as the expression of the citizens of the capital city of the State of New Jersey.

Another inclosure is a list of the vice presidents of the meeting. Very truly, yours,

SAML. HAVERSTICK, Chairman of Meeting.

Whereas the free tolls to American coastwise shipping was made a law nearly two years ago, after fullest consideration, by a Democratic House and Republican Senate and President, advised by those best versed ·in international law, and no new evidence of dominating char­acter has since been made public to justify any reconsideration; and

Whereas the people of the United States were pledged a continuance of this law in the platform of the party now in powe1· ; and

Whereas to repeal this law by the present Congress and administration is a reflecUon on our national honor and on the intelligence or in­tegrity of our former Congress and President, and to do it now, under an implied threat of foreign hostility, is extremely humiliating to the American people and un-American ; and

Whereas free highways and waterways is a well-established American principle; and

Whereas to repeal this law is an unjust discrimination against Ameri­can shippers, manuiacturers, and. consumers of dire consequence to the future of Trenton and other American cities ; and

Whereas to repeal this law places a consti·uction on the Hay-Pauncefote tt·eaty with England surrendering our rights to use the Panama Canal in case of wa1· and making all nations joint political owners of the

- canal with the United States, thereby violating the Monroe doctrine; and

Whereas to repeal the law at this time is perpetual, as we surrender our rights to all nations; and

Whereas a subsequent treaty with Panama made by the same man who consummated the IIny-Pauncefote treaty with England, and a pending treaty with Colombia which is urged by our administration, estab­lished beyond doubt our r!ghts to pass our coastwise vessels through the canal toll free ; and

Whereas the legislative branch of our Government is guaranteed in our Constitution supremacy in its own sphere and freedom from domina­tion by the executive branch: Be it therefore Resolved, That ·we, the citizens of Tr·enton, assembled in mass meeting,

deplore the action of our Executive in attempting to coerce the legisla­tive branch of our Government; and

R esolved, That we commend the action of our Senator JAMES E. MARTINE in opposing this repeal, and urgently call upon our Senator WILLIAM HUGHF.S to cooperate with Senator MABTINE and other Mem­bers of the Senate who, in the interests of the people, are opposing the repeal ; and be it further

Resolved, That we respectfully request our Senator JAMES E . MAR­TINE to read these resolutions in the Senate as the expression of the citizens of the capital city of the State of New Jersey; and

R esoll;ed, That our committee is hereby instructed to forward copies of these resolutions to our Senators, JAMES E. 1\fAnTniE and WILLIAM H uGHES, and supply copies to the press.

List of vice presidents: Walton M. Watson, James C. Tattersall, Hon. George W. Macpherson, Dt·. N. D. Oliphant, Gen. James F. Rusling, Charles A. May. Cbarlefl B. Upjohn, Arthur H. WoOd, Very Rev. Thadeus Iloga n. Hery Wirtschafter. Duncan A. Mackenzie, Dr. H. G. Norton, Hon. Edward C. Stokes, Wlllls R. Doyle. Charles R. Austin, A. G. Dale, lion. Huston Dixon, A. K. Leuckel. William H. Lafl'erty, Lester R. Wei­let·. Edmund C. Hill. Dr. A. W. Beltln.g, J. Wiggins '!'horn, A. V. Robin­s:on, Capt. John Scboentbaler, Dr. Robert H. C. Phillips. Richard R. RogE' l'S, Casper Niedermeier. Joseph T. Cotton, Henry C. Moore, George W. Thomas, James H. Mulheron, William J . Walsh, Walter P. Wilson, James Tallon. Dr. Clarence J. Slack, Horace E. Fine, Rev. W. W. Case. nr. William A. Clark. E. F. Wilgus, John R. Pbillios, David Valz Alfred F. Lutze. Hon. B. C. Hutchinson, Dr. Charles H. Mitchell. Everett Town­send. John W. Manning, A. Crozer Reeves, Dr. George R. Moore, New­ton A. K. Bugbee. George W. Kim!', Charles L. Hancock, Edward F. f'ounoly, Thomas ll. Tht·opp, Dr·. Harry R. North, Cllfl'ord H. Oakley, Geor·ge F. Eberhard, D. l\I. Lovett. George M. Lynch, Dr. Ft·ank G. Scammel, Harry A. Hill, .J. Harry Thompson, Willard H. Young. Wil­liam B. Maddock. James W. Rusllng, Leo Salamander, Dr. E. S. Hawk, Frederick C. Anthlel, John Hillman, H. Edward Walsh.

1\Ir. SHAFROTH. 1\Ir. President, I present resolutions adopted at the tbird annual conference of western governors, held in Dem·er, Colo., on April 9, 10, and 11, 1914, relating to the policy which they believe the United States Government should pur ue in regard to public lands. The re-solutions have been unanimously agreed to. and I ask that they may be read.

The VICE PRESIDEN'"l'. Is there objection? :Mr. SMOOT. I ask the Senator from Colorado if these are

not similar to the resolution which was read this morning? I refer to the resolution presented by the Senator from Idaho [Mr. BRADY].

Mr. SHAFROTH. I did not hear tbe resolution read this morning. The resolution read at the request of the Senator from Idaho was the Ammons resolution, which was omitted from the eastern press reports.

The VICE PRESIDENT. Is there objection to the reading of the resolutions? The Chair hears none, and the Secretary will read as requested.

The Secretary read as follows: WHAT THE WEST WANTS.

Resolutions adopted unanimously by the third annual conference of western governors, held in Denver, Colo., April 7, 8, 9, 10, 11, 1914. We, the members of the western governors' conference, in convention

assembled at Den ver, Colo., April 7, 8, 9, 10, and 11, 1914, do hereby adopt the followings r esolutions :

CONSERVATION. We believe in conservation-in sane conservation. We believe that the

all-wise Crootor placed the vast resourc~ of this Nation here for the

' use and benefit of all the people-generations past, present, and future-and while we believe due consideration and protection should be given to the rights of those who come hereafter, we insist that the people of this day and age should be given every reasonable opportunity to develop our wonderful resources and put them to a beneficial use.

STATE CONTROL. That it is the duty .of each and every State to adopt such laws as will

make for true conservation of our resources, prevent monopoly. and ren­der the greatest good to the greatest number, and that as rapidly as the States prepare themselves to carry out such a policv of conservation the Federal Government should withdraw its supervision and turn the work over to the States.

SETTLE:.IE~T OF OUR LANDS. Believing that those who control the soil conti·ol the Nation, and

that the most blessed nations are those where the ownership of lands Is in many hands, we insist that in the management and sale of our public lands both the Federal Government and the State should main­tain such a policy as- will make for the rapid settlement of all vacant agricultural lands.

DESERT-LAND ACT. Resolved, That this convention recommend to Congress amendments

of the following nature to the desert-land act: (1) That the entryman's proof of citizenship in the State wherein be

makes a desert-land filing be changed from the time of filing to the time of proving up. ·

(2) That the requirements of reclamation be enlarged to embrace the alternative proof of cultivation by the actual growing of crops by dry­farm methods on double the acreage required if by irrigation.

HOMESTEAD ENTRY. We approve the plan now before Congress to permit homestead entries

by persons over 18 years of age. WATER POWER.

Whereas Congress has declared " the water of all lakes, rivers, and other sources of water supply upon the public lands and not navigable shall remain and be held free for the appropriation and use of the publlc for irrigation, mining, and manufacturing purposes," we insist the Federal Government bas no lawful authority to exercise control over the water of a State through ownership of public lands.

We maintain the waters of a State belong to the people of a State, and that the States should be left free to develop water-power possi­bilities and should receive fully the revenues and otheL' benefits derived from such · development.

PRECIOUS l\IETALS. We reiterate our expression contained in article 10 of the 1l)l:l reso­

lutions, referring to the reopening of mineral land, and in addition would urge that the revenues derived from the sale of such lands should be used for the reclamation of the arid lands of the West.

GR.!.ZING LANDS. We believe grazing lands should be disposed of through an "enlarged­

homestead " act, giving the settler sufficient ground to enable him on a live-stock basis to support a family.

SUMMER HOMESTEAD LAW. We favor the passage of a summer homestead or preemption law, p('r~

mitting land not valuable for timber, minerals, or agriculture. but suit­able for summer homes, to be acquired in not to exceed 40-acre tracts for summer homes. The entryman should not be requit·ed to be a resident of the State in which the land is situated, and suitable im­provements of the value of $300 and three years' summer residence should be necessary to secure patent.

GOOD ROADS. We reiterate that 5 per cent of the public lands in the several

States should be granted to the said States to aid in construction of permanent roads. ·

DELAYS-BED TAPE. We believe one of the greatest blessings the officials at Washington

could bestow upon the West would be the elimination of all red tape and the taking of prompt action upon all matters pending before the departments and in which the Western States are interested, and we are pleased to note that efforts are already being made in that direction.

INTERIOR DEPARTMENT. We are pleased at the thoughtfulness of the Secretary of the In- ·

terlor in sending so many of his representatives to the irrigation con­ference now in session in this city. We express our appreciation of his intention to adopt n more liberal policy toward the settlement and development of the West, and assure him of our hearty cooperation in this direction.

DO~ATIO~ OF LAXDS. We recommend that 10 per cent of all vacant and unappropl'iated

public lands in each of the arid States be donated to such States and each of them as shall so request, said lands to be sold by such States as other State lands are disposed of, and the proceeds of such sales to form a reservoir fund to be used under the direction of the State for Irrigation reclamation purposes.

RECLAMATION PROJECTS. We urgently recommed that the United States reclamation projects

now under process of construction be completed at the earliest pmc­ticable moment and turned over to the settlers thet·eunder as soon as can be.

CAREY ACT PROJECTS.

We urgently recommend that the United States Reclamation Service Immediately investigate any and all Carey land, hTigatlon district, or like projects commenced or under construction in the arid States, and render such p1·ojects all financial and other assistance possible·, to the end that they may be immediately completed and the settlers there­under protected and assisted, and the persons holding bonds issued against said projects be compensated as far as practicable. _ We urge the press of the Western States to investigate and actively support these principles.

RESOLUTIOXS DEAFFIJUlED. We reaffirm the action taken by the governors' conference in Salt

Lake City Utah, in 1913, as follows : "We the governors of public-land States, In conference assembled,

believing that upon the administration of the laws governing the dls·

1914. CONGRESSIONAL RECORD-SENATE. 6895 posal of the public lands in a very large measure- depends the future prosperity of our States, do hereby agree to the following statement of what we believe should be the policy of the National Government in the administration of the public lands: .

"1. That the newer States having been admitted in e1press terms on an equal footing in all respects whatever with the ongtnal States, no realization of that condition can be attained until the State juris­diction shall extend to all their ter-ritory, the taxing power to all their lands, and theh· political power and infiuence be thereby secured.

" 2. That as rapidly as the States become prepared to take over the work of conservatiOn, the Federal Government withdraw its bureau from the field and turn the work over to the . States.

"3. That permanent withdrawal of any lands wi thin our States from entry and sale we believe to be contrary to the spirit and letter of the ordinance of 1787, the policy of which was followed for over a century, and we urge that such lands be returned to en!:ry and opened to sale as speedily as possible.

"4. Dilatory action on the part of executive departments of the Government in passing title to purchase1·s of public lands is unfail· to the States, as it permits purchasers to occupy the lands indefinitely, without the States having power to tax them. ·

"5. We believe that the best development of these States depends upon the disposal of the public lands to citizens as rapidly as the laws can be complied with.

"6. Bona fide homestead entry within the forest-reserve bounqaries should be permitted in the same manner as on unreserved lands, sub­ject only to protest where lands selected are heavily timbered with trees of commercial value, or known to contain valuable mi:aeral de-posits. _

"1. That.. the Government grant to the public-land States 5 per cent of the public land remaining in such, to be administered by the States as the school lands are now administered, for the purpose of building national public highways. •

"8. That liberal land grants be made for the purpose of establishing and maintainin~ forestry schools in the public-land States.

"9. That rights of way for all lawful purposes be granted without unwarranted hindrance or delay.

" 10. That all mineral lands now withheld from entry or classified at prohibitive prices be reopened to entry at nominal prices, under strict provisions against monopolization. ·

"1L That we express our app1·eclation of the splendid work done by the departments at Washington ln cooperation with the several States in experimentation and instruction. This assistance has been most valuable in the education of our children and the development of our States, and we commend the same principle to the administration at Washington as being the most feasible plan for the present advance­ment of true conservation.

"12. We believe that the National Government should provide for expert experimental work In the solution of the mining problems of the mineral States, in the same manner that the Agricultural Department now assiRts the farmers in solving the agricultural problems.

" 13. We believe that the speedy settlement. of those public lands constitutes the true and best interests of the Republic. The wealth and strength of the country are its land-owning population.

" 14. The best and most economical development of this western ter­ritory was accomplished under those methods in vogue when the States of the Middle West were occupied and settled. In our opinion, these methods have never been improved upon, and e advocate a return to those first principles of vested ownership with joint interest and with widely scattered individual responsibillty."

Mr. GALLINGER. A telegram has just been handed me, which I ask to have rend from the desk.

There being no objection, the telegram wus read, as follows : LACONIA, N. H., Aprft ,20, 191,4.

JACOB H. GALLINGER, United States Senate, Washington, D. a.:

Block attempts of financial interests through jingo press to force intervention.

LACONIA SOCIALIST PARTY.

1\Ir. TILLMAN. .1\Ir. President, in the nature of a petition and pursuing the policy of publicity which I have followed here­tofore in regard to this matter, I send to the desk and desire to have read a letter from Mr. Fairfax Harrison, president of the Southern Railway Co., and my reply to it. They relate, as will be seen, to 1\fr. B. L. Dulaney's Jetter, which appeared in the RECORD on April 8. As I want to be entirely fair to a.ll parties concerned, I deem it nothing but just that Mr. Harri­son's letter should be given as wide publicity as Mr. Dulaney's has received.

The VICE PRESIDENT. Is there objection? The Ohair hears none, and the Secretary will read as requested.

The Secretary read as follo-ws : SOUTHERN RAILWAY Co.,

. OFFICE OF THE PRES!DE)JT, 1800 Penns11lvania Avenue, Washington, D. a., April 16, 191,4.

The Hon. BENJ'AMIN R. TILLMAN, United States Senate, Washington, D. 0.

DEAR SIR: 1\Iy attention bas been called to a letter written to you by Mr. B. L. Dulaney, under date of March 25, 1914, and published in the CONGRESSIONAL RECORD of April 8, 1914.

This letter contains serious charges against the management of t1lis company. They have been made on the floor of the Senate and have become a part of tts record. ·

If they are true, the management of this ·company ought to be exposed.

If they are false, their author ought to be exposed. I ask, on beha.lf of the Southern Railway Co., an opportunity to refute

them and, to :hat end, that a speedy and thorough investigation be ordered and the results given as wide publicity as the charges.

Faithfully, yours, . F.UnF~X HAimrso~. President.

APRIL 20, 1914. Mr. FAIRFAX HARRISON,

President Southenb Railway Oo., 1800 Pennsylvattia Avenue. Washington, D. a.

MY DEAR Sm : Yours of April 16 received. If the Naval Committee is ordered to investigate the charges made by Mr. B. L. Dulaney, as I hope will be done, your company shall have the fullest opportunity to expose 1\fr. DUlaney's falsehoods, if he has told any.

I will be delighted if you can refute the charges, because they are :bo~;r~g~th~amaging, and far-reaching in their consequences to the

The matter will be brought to the attention of the Committee on Naval Affairs April 23, when Mr. Dulaney is expected to appear and D?ake his statement oral!Y· If you desire it, you may have a representa­trve of the Southern Rallway Co. at that meeting of the committee, not to cross-exrunine Mr. Dulaney but simply to . hear him.

If an investigation is ordered by the Senate, a time will be appointed later for a thorough sifting of all t he evidence presented in order that a report by tl!e committee may be made to the Senate itself.

Very smcerely, yours, B. R. TILLMAN,

United States Senato1-.

Mr. BRAl\"DEGEE presented a petition of sundry citizens of New Britain, Conn., praying for national prohibition, which was referred to the Committee on the Judiciary.

He also presented a memorial of sundry citizens of Connecti­cut, remonstrating against national prohibition, which was re­ferred to the Committee on the Judiciary.

He also presented a petition of sundry citizens of South 1\Ian­chester, Conn .. , praying for an appropriation for the celebration of the so-called " One hundred years of peace among English­speaking peoples,'' which was referred to the Committee on ll-,or­eign Relations.

1\fr. SHERMAN presented petitions of sundry citizens of illi­nois, praying for national prohibition, which were referred to the Committee on the Judiciary. ·

He also presented a petition of Balder Lodge, No. 12, Inde­pendent Order of Vikings, of De Kalb, Ill., praying for an appro­priation for the erection of a monument to the memory of Capt. John Ericsson, which was referred to the Committee on the Library.

He also presented a memorial of the Chicago 1\Iedical Soci­ety, of lllinois, remonstrating against an amendment to the so-called antinarcotic bill, which was ordered to lie on the table.

He also presented a petition of Typographical Union No. 16, of Chicago, Ill., praying for the enactment of legislation to make lawful certain agreements between employees and labor­ers and persons engaged in agriculture or horticulture, to limit the issuing of injunctions in certain cases, and for other pur­poses, which was referred to the Committee on the Judict:;try.

He also presented petitions of sundry labor organizations of Illinois, praying for the enactment of legislation to further

. restrict immigration, which were ordered to lie on the table. He also presented memorials of sundry labor organizations o!

lllinois, remonstrating against the conditions existing in tile mining districts of Colorado, which were referred to the Com­mittee on Education and Labor.

Mr. SMITH of Michigan presented memorials of 5,734 citizens of Michigan, remonstrating against national prohibition, which were referred to the Committee on the Judiciary.

He also presented a petition of sundry citizens of Marquette, Mich., praying for national prohibition, which was referred to the Committee on the Judiciary.

He also presented a petition of the Order of Railroad Train­men, of Detroit, 1\Iich, praying for the enactment of legislation to further restrict immigration, which was ordered to lie on the table.

He also presented a memorial of the Copper Country Com­mercial Club, of Houghton, and of the Commercial Club ot Menominee, in the State of Michigan, remonstrating against the assignment of the upper peninsula of Michigan to the Minne­apolis reserve district, which was referred to the Committee on Banking and Currency.

He also presented a memorial of sundry citizens of Petoskey, Mich., remonstrating against the enactment of legislation com­pelling the observance of Sunday as a day of rest in the Dis­trict of Columbia, which was referred to the Committee on the District of Columbia.

He also presented a petition of sundry citizens of Petoskey, Mich., praying for the enactment of legislation to provide com­pensatory time for Sunday services rendered by employees in the Post Office Department, which was referred to the Com­mittee on Post Offices and Post Roads.

He also presented a memorial of the Michigan Joint Penology Commission, remonstrating against the enactment of legislation to provide for the regulation of interstate commerce in convict­made goods, which was referred to the Committee on Manu­factures.

6896 CONGRESSIONAL RECORD-SENATE. APRIL 20,

Mr. DILLINGHAM presented_petitions of sundry citizens of Vermont, praying for national prohibition, which were referred to the Committee on the Judiciary.

He also presented a memorial of sundry citizens of Jamaica, Vt., remonstrating against the enactment of leg· lation compel­ling the observance of Sunuay as a day of rest in the District of Columbia, which was referred to the Committee on the Dis­trict of Columbia.

Mr. WEEKS presented a memorial of the General Court of the Commonwealth of Mas achusetts, remonstrating against certain provisions of the pending immigration bill, which was ordered to lie on the table.

He also preE-euted memorials of sundry citizens of Boston, Mas·., remonstrating against national prohibition, which were referred to the Committee on the Judiciary.

Mr. BURLEIGH presented memorials of sundry citizens of Maine, remonstrating against national prohibition, which were referred to the Committee on the Judiciary.

He also presented-petitions of sundry citizens of :Maine, pray­ing for national prohibition, · which were referred to the Com­mittee on the Judiciary.

1\Ir. CLAPP presented sundry memorials of citizens of Min­nesota, remonstrating against national prohibition, which were referred to the Committee on the Judiciary.

He also presented petitions of sundry citizens of Minnesota, praying for national prohibition, which were referred to the Committee on the Judiciary. •

Mr. KERN presented petitions of sundry citizens of Indiana, praying for national prohibition, which were referred to the Committee on the Judiciary.

Mr. CHAMBERLAIN presented petitions of sundry citizens of Oregon, praying for national prohibition, which were referred to the Committee on the Judiciary.

Mr. NORRIS presented a petition of the congregation of the General Baptist Church of Elsmere, Nebr., praying for national prohibition, which was referred to the Committee on the Judiciary.

He also pre ented memorials of stmdry citizens of- :Kebraska, remonstrating against national prohibition, which we~:e referred to the Committee on the Judiciary.

Mr. PERKINS presented petitions of sundry citizens of Cali­fornia, praying for national prohibition, which were refened to the Committee on the Judiciary.

He also presented memorials of sundry citizens of Oxnard, Cal., remonstrating against national prohibition, which weTe referred to the Committee on the Judiciary.

He also presented a petition of sundry citizens of California, praying for the enactment of legislation to further restrict im­migration, which was ordered to lie on the table.

He also presented a petition of the Shipowners' Association of the Pacific Coast, of San Francisco, Cal., praying that an appropriation be made for the construction of a harbor at Crescent City, Cal., which was referred to the Committee on Commerce.

Mr. POINDEXTER presented a memorial of Local Union, No. 227, United Mine Workers of America. of Ronald, Wash., and a memorial of Local Union, No. 934, United Mine Workers of America, of Carbonado, Wash., remonstrating against the treat­ment accorded miners in the mining districts of Colorado, which were referred to the Committee on Education and Labor.

.Mr. TOWNSEND · presented petitions of sundry citizens of Michigan, praying for national prohibition, which were referred to the Committee on the Judiciary.

He also pre ented a petition of Babcock Camp, No. 20, United Spanish War Veterans, of Flint, 1\Iich., praying for the enact­ment of legislation granting pensions to certain soldiers and sailors and dependent widows and minor children of certain soldiers anu sailors of the Spanish-American War, which was referred to the Committee on Pen ·ions.

lle also presented pet~tions of Local Union, No. 2808, and of Local Union, No. 2G64, United Mine Workers of America, of Bay City, 1\Iich., praying for an investigation into the condi­tion existing in the mining districts of Colorado, which were referred to the Committee on Education and Labor.

He also presented a memo1ial of Local Lodge, No. 63, Brother­hood of Railway Conductors, of Muskegon, Mich., remonstrat­ing against national prohibition, which was referred to the Committee on the Judiciary.

He also presented a memorial of the Commercial Club of :Menominee, 1\lich., remonstrating against the assignment of the upper peninsula of Michigan in the Minneapolis Federal re­sen·e dish·ict, which was referred to the Committee on Bank­ing and Currency.

He also 11resented a Detition of Upper Hay Lake Grange, :Ko. 1552, Patrons of Husbandry, of Sault Ste. Marie, 1\Iich., pray-

ing for the adoption of a ystem of rural credits, which was referred to the Committee on Banking and CuiTency.

1\fr. BRADLEY presented petitions of Local Division No. 225, International Brotherhood of LocomotiYe Engineers, of Paducah; of Local Division No. 397, International Order Rail­way Conductors, of Covington; of Local Division No. 410, International Order of Locomotive Engineers, of Dixon· of Local Division No. 290, Order of Raihvay Conductors: of ·wingo; and of Local Division No. 579, Order of Railwny on­ductors, of Lebanon Junction, all in the State of Kentucky, praying for the enactment of legislation to furthE-r restrict immigration, which were ordered to lie on the table.

REPORTS OF COMMITTEES.

1\fr. SHIVELY, from the Committee on Pensions, to which was referred the bill ( S. 2466) for the relief of Elsie 1\IcDowell Bunting, reported it with an amendment and submitted a re­port (No. 431) thereon.

1\fr. THOl\IAS, from the Committee on Public Lands tu ~hich was referred the bill (S. 1930) granting to the A:tchlson, Topeka & Santa Fe Railway Co. a rigijt of way through the Fort Wingate Military ReservatioU:,'N. 1\fex., and for other pur­poses, reported it Without amendment and ubmitted a report (No. 432) thereon.

1\Ir .. WORKS, from the Committee on Public Land·, to which was referred the bill (S. 638) for the relief of William Liskey reported it without amendment and submitted a report (No: 434) thereon.

Mr. WALSH, from the Committee on the Judiciary, to which· was referred the bill ( S. 5042) legalizing certain conveyances heretofore made by the Central Pacific Railroad Co. and others within the State of Nevada, reported it with amendments and submitted a report (:Ko. 435) thereon.

Mr. LANE, from the Committee on Indian A.ffairs, to which was referred the bill ( S. 5255) conferring jul'i ·diction on the Court of Claims t-o hear, determine, and render judgment in claims of the Sisseton and ·wahpeton Bands of Sioux Indians against the United States, reported it with amendments and submitted a report (~o. 436) thereon.

GREA.T NORTHERN RAILWAY CO.

1\fr. PITT~IAN. Fi·om the Committee on Pul>lic Lands I re­port back favorably, with an amendment in the nature of a substitute, the bill ( S. 3 97) authorizing the Great Northern Railway Co. to revis its line of railway adjacent to the Gla­cier National Park, in the State of 1\Iontana, and granting to the said railway company the right of way for its revised line in the said national park, and I submit a report (No. 433) thereon. I ask unanimous consent for the present considera-

·tion of the bill. The VICE PRESIDENT. Is there objection to the present

consideration of the bill? Mr. CLARK of Wyoming. Let the bill be read for informa­

tion. 1\Ir. WALSH. I object. The VICE PRESIDENT. Ol>jection is made, and the bill

goes to the calendar. BILLS AND JOINT RESOLUTIONS INTRODUCED.

Bills and joint resolutions were introduced, read the first time, and, by unanimous consent, the second time, and referred as follows:

By 1\fr. :B"LETCHER: A bill ( S. 5313) to regulate the taking or catching of sponges

in the waters of the Gulf of Mexico and the Straits of :B'lorida outside of State jurisdiction; the landing, delivering, curing, selling, or possession of the same; providing means of enforce­ment of the same, and for other tmrposes; to the Committee on Fisheries. ·

A bill (S. 5314) for the relief of Edward J. Fisher; and A bill ( S. 5315) for the relief of Charles F. Ro s; to the

Committee on Claims. By Mr. ASHURST : A bill ( S. 5316) authorizing the survey and sale of certain

. lands in Coconino County, Ariz., to the occupants thereof; to the Committee on Public Lands.

By 1\fr. BRISTOW: A bill (S. 5317) granting au increase of pension to Robert S.

Parker (.with accompanying papers); to the Committee on Pen­s.ions.

By l\Ir. SHAFROTli: A bill ( S. 5318) for the relief of the heirs of Mary A. Rags­

dale, deceased, to the Committee on Claims. By 1\fr. STERLING : A bill ( S. 5319) conferring jurisdiction upon the Court of

Claims to hear and determine suits brought by or on behalf of

- ~ _ I

l

1914. COXGRESSIONAL RECORD-SENATE. 6897 the Yankton Sioux Tribe of Indians; and for other purposes; to the Committee on In,dian Affairs.

.A. bill (S. 5320) gr~nting an incr~se 'of pension t~ William H. H. Beadle (with accompanying papers); ·

.A. bill (S. 5321) granting an increase · of pension to James D. Bennetf (with accompanying papers); to the Committee on Pen-sions. .

By Mr. CH.A.MBERL.A.IN: .A. bill ( S. 5322) to provide for the national defense; to the

Committee on Appropriations. By 1\Ir. CUMMINS: .A. bill ( S. 5323) to amend the act entitled "An act to regulate

commerc.e," approved February 4, 1887, as heretofore amended, and to further regulate commerce among the States and with foreign countries; to the Committee on Interstate Commerce.

By Mr. SMOOT: A bill (S. 5324) to authorize the Secretary of the Interior to

issue patents for certain lands to the town of Myton, Utah; to the Committee on Public Lands.

By Mr. NELSON: . A bill (S. 5325) authorizing the county of St. Louis to con­

.struct a bridge across the St. Louis River between Minnesota and Wisconsin; to the Committee on Commerce.

By Mr. ROBINSON: A bill (S. 5326) granting an increase of pension to William J.

Murray (with accompanying paper); to the Committee on Pen­sions.

By .Mr. POMERENE: A bill ( S. 5327) granting an increase of pension to Adaline

Norton; to the Committee on Pensions. By Mr. SHIVELY: A bill (S. 5328) granting an increase of pension to Samuel

Morningstar; .A. bill ( S. 5329) granting an increase of pension to Milford

M:. Britton; A bill (S. 5330) granting an increase of pension to Charles

W. Riggs; .A. bill ( S. 5331) granting an increase of pension to Arthur

Householder (with accompanying papers); A bill ( S. 5332) granting an increase of pension to Emory A.

Hilkert (With accompanying papers) ; A bill ( S. 5333) granting an increase of pension to Moses

Bahney; and A bill (S. 5334) granting an increase of pension to Robert

Layman (with accompanying papers); to the Committee on Pensions.

By lli. NORRIS : A joint resolution (S. J. Res. 140) authorizing the Secretary

of the Interior to make an approximate classification of the unreserved unappropriated public lands of the United States; to the Committee on Public Lands.

By 1\Ir. POMERENE: A joint resolution (S. J. Res. 141) to authorize the Secretary

of the Treasury to have cleaned the exterior of the Federal building at Cincinnati, Ohio, under contract let upon competi­tive bidding, and appropriating money therefor; to the Com­mittee on Public Buildings and Grounds.

AMENDMENTS TO APPROPRIATION BILLS.

1\fr. FLETCHER submitted an amendment proposing to ap­propriate $100,000 for beginning the improvements in the harbor of Key West, Fla., in order to provide a suitable naval station for use of torpedo ·boats, etc., intended to be proposed by him to the naval appropriation bill, which was referred to the Com­mittee on Naval Affairs and ordered to be printed ..

He also submitted an amendment intended to be proposed by him to the river and harbor appropriation bill, which was re­ferred to the Committee on Commerce and ordered to be printed. ·

1\fr. STERLING submitted an amendment intended to be pro­posed by him to the river and harbor appropriation bill, which was referred to the Committee on Commerce and ordered to be printed. ·

Mr. SMITH of South Carolina submitted an amendment pro­-posing to increase the snlary of one executive assistant in seed distribution in the Bureau of Plant Industry, .Agricultural De­partment, from $2.500 to $2.750 per annum, intended to be pro­posed by him to the Agticulturn1 appropriation bill, which was ordered to lie on the table and be printed.

1\lr. RANSDELL submitted nn amendment intended to be pro­posed by him to t.lle rh·er nncl bnrbor ttl1Pl'Opriation bill, which was referred to the Committee on · Commerce and ordered to be printed.

LI--4:J;)

VOCATIONAL EDUCATION COMMISSION.

. Mr. SMITH of Georgia. I introduce the joint resolution which I send to the desk.

The joint resolution ( S. J. Res. 142) authorizing the Voca­tional Education Commission · to employ such stenographic and clerical assistants as may be necessary, etc., was read twice by its title.

Mr. SMITH of Georgia. Mr. President, a joint resolution has passed both Houses of Congress c1:eat~ng the commission and an appropriation of $15,000 has been made for their use. The Comptroller of the Treasury holds, however, that the use of the appropriation does not extend to the clerical force under the formal wording of the joint resolution; and this joint resolu­tion which I introduce is simply to amend the previous joint resolution. I ask that the joint resolution be referred to the Committee on Education and Labor.

The VICE PRESIDENT. In the absence of objection, that action will be taken.

THE COMMITTEE ON BANKING A-ND CURRENCY.

Mr. HITCHCOCK submitted the following resolution (S. Res . 341), which was read and referred to the Committee to Audit and Control the Contingent Expenses of the Senate:

Resolved, That for the compiling of data showing the results of in· surance of bank deposits in Oklahoma, Texas, Kansas, Nebraska, and South Dakota, also the compiling of the statutes on the subject in said States and the judicial construction of said statutes ln the courts of last resort, the Committee on Banking and Currency is authorized to employ expert assistance, the cost not to exceed $50, to be paid from the contingent fund of the Senate upon vouchers to be approved by the chairman.

THE PANAMA CANAL TOLLS.

Mr. GALLINGER. I submit a resolution, and ask that it be read and lie over under the rule .

The resolution (S. Res. 342) was read, as follows: Whereas all nations largely engaged in commerce now pay . eithee

indirectly or specifically the tolls of their ·principal national lines of steamships passing through the Suez Canal, and are prepari_ng to make the same provisions for payment out of the national treasuries of tolls for their vessels which may seek to pass through the Panama Canal ; and

Whereas the Congress of the United States1 acting on the urgent recom­mendation of the President, is now legislating with a view to pro­vide that tolls shall be paid in full by all American ships which may be engaged in both the coastwise and foreign trade at ~ana~a, so that American ships will probably be the only ships which will be required to pay tolls for the use of this great waterway, built by the United States Government at a cost of nearly 400,000,000 of the money of the American people: Therefore be it Resolved That in the event of the tree-tolls provision of the Panama

Canal act' being repealed, in order to establish equality between American and foreign ships in the matter of the payll?-ent of to~ls, no vessel of foreign register whose owner or owners rece1ve a subsidy or bounty of any kind whatsoever in connection with tolls for the u~e of the Panama Canal, shall be permitted to enter or pass through said canal.

Mr. GALLINGER. I ask that the resolution lie over under the rule, as I desire to address myself bri~fly to it at some subsequent time. -The VICE PRESIDENT. The resolution will lie over under the rule and be printed.

PENSIONS AND INCREASE OF PENSIONS.

Mr. SHIVELY submitted the the following report:

The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R~ 10138) granting pensions and increase of pensions to certain soldiers and sailors of the Civil War and certain widows an(_l dependent children of soldiers and sailors of said wat, having met, after full and free conferenc.e have agreed to recommend and do recommend to their respective Houses as follows:

That the House recede from its disagreement to the amend­ments of the Senate numbered 1, 2, 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 36, 37, 38, 39, 41, 42, 43, 44, 46, 48, 49, 50, 51, 52, 53.

That the Senate recede from its amendments numbered 3, 7, 11, 35, 40, 45, 47, and agree to the same.

BENJAMIN F. SHIVELY, N. P. BRYAN,

Managers on the part of the Senate. JoE J. RussELL, J. A. 1\1. ADAIR, J. N. LANGHAM,

Managers on the part of the House.

The report was agreed to.

6898 CONGRESSIONAL RECORD- SEN ATE. APHIL- 20, 1

SELAH G. ELA"KEMAN AND TlliOTHY E. HAWLEY.

The VICE PRESIDENT laid before the Senate the t•equest at the House of Representatives for the retm:n of the enrolled bill '( S. J.G89) uthori.zing the accounting officers of the Treas­my to n.illow in the accounts .of the United Stat-es marShal for the district of Donnectkut amounts pa.id by him from certain appropriations, nnd, without objection, the request was ordered to be .eom;plied with.

JOm MEETING QF !fiDE !FWO HOUSEs-PRESIDENT'S ADDRESS.

'The YICE PnESID.El'.'"T 1a1d before the Senate the f<>Dow­ing concurrent resolution of the H.ouse of Representatives, which w.a.s read (H. Con. Res. 37) .:

Re&olvecZ by the H O'U8e .of Representaii-t.--e& r(the Senate CQ.1WU1"1"ing}, That the two Houses of Congress as emble In fbe llall of ibe House of RepreRentntives oD Monday, the 20th day of A-pril, !1.914.. at "3 o'elock in the afternoon, for the purpose nf receiY.ing such eommunieati.ons s the President of th.e United States shall be pleased to make them.

1\Ir. KERN. I ask that the Senate concur in the resolution of the House of Representatives.

The concurrent resolution was considered by nnanlmous con­sent and .agreed to.

B.TATUE F ZACII.ABIA.H CHANDLER.

The VICE PRESIDENT laid before the .Sennte the to1krwing concurrent resolution of the House rof Representatives, which Wa.B read (H. Om. Res. '36) :.:

Resolved "bv the Bome ot ReyweBentatdvcs (tlu: ,Senate carw~Lrrino). That the thanks of Coogress be presented tD the g.overoox, and through him to the peo_ple, of Michigan fox the statue of Zacha.:r:iah Cha.uUler, wbose name is so bono.ra.hly lilentlfied wit!h the history ~! that State and of the Un1tE.'d States.

Resolved, That this work of art is accepted in the name of tbe Nation and assigned a place in the old Han .of tlle Ilouse of Representatives, already se.t aside by act of Congress for statues of eminent citizens, -and that oa -copy of :this resolution, -signed by the Pr>esident of the Senate and Spea.kf'r of the House .-of Representatives, be tr-ansmitted to the governor of the State of Mi~a.n.

lli. GALLINGER. Mr . . President, in reference to the reso­lution, I feel ,quite sure ,the senior Sena.!o:r .fr.om .1\Iichiga.n sug­gested that .he w-ould l.ili:e t<> have at 11e <O'\<o:er for the present.

M.I:.. TOWNSEND. I should like t0 !ha'Ve the !l'esolntion lie OTer.

Tile VICE PRESID~'T. The Ohair will state th-at the senior Senator from flclrlgan [Mr. SMITH] ated to the Chair that it was hiS desire that the resolution be concurred ln ~ but, of course, it mukres nu differ-ence t{) the Chair.

Mr. 'TOW SEND. I aSk that the resolution may g-o lOVer, be· cause I desire to stibmit -some remark Qn it, and I 1llil not pre­pared .to <to so this mo.ruing. .I therefore a.sk that 1t ma.y lie on the table.

The WOE! PRESIDE...~T. •The .eoDCot:r.ent resolution wi1l lle on the table.

HOUSE RILL REF;ERRED.

H. R.15279. An act making appropriations for the legislati:ve, ~uti<re, and judicial expenses of the GoYerillllent for the dsc.o<tl year ending J'une .00, 1915. and for ather ]Jurposes. was read twice by its title and referred to the Committee tOn Appro­priations.

VESSELS IN COASTWISE AND FOREIGN TRADE.

The VIOEJ PRESIDENT. The Ohair lays before the Senate a resolution commg over from 11. preceding ·day, which will be read.

The concurrent resolution ( S. Con. Res. 23), submitted by 1\Ir. SB.EP.PABD on the 17th instant. wafi xea.d, as iallows:

Rcsoloott by fhe Si:MU (th:e lli:ouse ot llep1'e3elfl.tati'V1!8 etm.cuni~g), That the InOOr-stnte Commerce .CO.Wmiasian .be, lWd hereby l.s, .authorized and directed to immediately lnvestigate and, as "Soon as practic:rl>le, report to Congress tbe follo\\--'""mg information:

Fdrst. To what extEnt. If tUly, 'Vessels and s.teamshJ.p lines -are ~n­ga ... ed .in ·transpo~t:ing .freight betw.een Ml ntie rand P.aeifle ports wboll;y bye< water, or 11artly by wnter .and part ly by ratl, an.o in th.e coastwise trade of th-e Un·ited States, under jdi:nt ownersbi1> <ar eom.mou control or fn reommunity of interest, dh·ectly ·Oil' Jnd!rect!y, by .stock ownership, trnst, :holding ocom.mitt ee, -or otherwise. with .rallro.ad com_pa.nies engaged ln transpartlng freight 'by rall between tile Atlantic and Paeilie ports of the UDitea States a.Ild ln the o<JOastwise trade of the United States, stat­ing separately What ov.es els and steamship !lines ar.e owned 11ml con­trolled .by .said .ra.ikoad eompn:nies, if any, and what vessels and steam­<Ship lines 1n nid transportation n.Te under a common or joint ownership or control with said railroa:d companies. or 18.Dy tbereot. .and the names of the owners, stoekboldets, t.oostees, l:rolding companies, directors. and officers of all steamShip linE.'-s 11.nd railroads engaged in the coastwise and foreign trade l()f the. United Sta t es. And to what extent and bow, If 1my, they -are t!OD.SOUdated. di'l'ectot'd, or operated by and through holding companies, lnterlocking stocks, ir: terlocking directorates, or interlocking o.tnce:rs.

Second. What are the ).Jrevafiing rates upon the principal commodi­ties carried by vessels between said Atlantic and Pacific ports of the United States wholly by water or pn.rtly by water and partly by rail across '!:be Isthmus .gt Panama or Te.b:lmntepec, and what are the pre­vailing rates between said Atlantic and Pacific ports upon such com­modities transported wholly by rail, and what are the prevnlling xates for transportation of similar commodities wboll!' by water lby vessels not under United States registry for similar distances as the water

routes 'between s!Ud Atlantic and Pacific ports ot the United :States eaT· rled under similar conditions.

Third. And what are the _prevnlli:ng rates upon the principal com· modttieB ca1•rietl by vessels 1n the coastw1se trade of the Unitt'd States in comparison with such Tates on .slmllar tCommodities for s.tmllo.r difl· tnnees carried by v.essels in the foreign trade of the United States.

FGurth. And w'hat -are the prevailing .ra tes for transportation for simflar commodltres w'b<>lly by wat-.er lby vessels not onder United Stnt~s registry for similar distances on similar commodities under similar eon­ditions in comparison with the rates on commodities transported in .the coastwise trade of the United States. ·

Mr. SMOOT. Mr. President, I snonld like to a sk the Senn.to~ from Texas, who submitted the resolution, if an identical reso­lutlon has not been introduced in the House, and whether or not it bas been passed by that !Pody?

Mr. SIIEPPARD. It .has been faTorably reported in the House.

Mr. SMOOT. Has not the resolution a).ready .passed the House?

Mr. SHEPPARD. I am not sure as to that: I will say to the Senator from Utah that I do not think it has been .reached in the House on account of the vast amount of legislation pendi:ng over there. I introduced the resolution in this body thinklllg that in .thls way action cauld 'be gotten on it sooner.

Mr. SMOOT. I wi:sh to say to the Senator . that I have no objection whatever to the passage of the resolution. but I was told this morning that the resolution had passed the House.

Mr. SHEPPARD. I do not think it has. Jllr. 'Sl\fOOT. But if the 'Senator is quite -sure it has not,

then of course I haTe no objection to it. Mr. BRANDEGEE. 1\fr. President, I did n<>t bea-r the reso­

lution distinctl-y in all its -parts. Does it direct the interstate Commerce Commission to make tbJs investigati<>n?

.Mr. SHEPPARD. The resolution directs an investigation and a report to .Congress.

1\fr. BRAl-.TDEGEE. I do not know, of course, what the inten­tion of the 'Senat-or from 'Texas may 1>e in regara to the tr~at­ment of this resolution; but inasmuch as it came over from a previous rday under 1lb.e ru1.e, I aBsume that he intends to 11sk unanimous consent for its present consideration.

A copy of the l'esolution has just been lhanded to -me. [t con­tains more than two pa:ges of printed matter. I ha:ve not hall time to rend it. i consid~ it of considerable importance, and possibly it would involve quite a iime and considerable inv-esti­gation. I 1llil quite ~oo:fident that ce.nta1D matters which I -see alluded to here have already been investigated by committees uf Congress 'Of one House at lea.st, n.nd r would not desire now to dir-ect the Interstate ·Oemmerce COI1liilission to make this investigation.

I suggest to the Senator that he either let the reso-lution. go .over o-r .ba.ve it referred to the Committee IQD Interstate Com­

. merce, whicll I think onght to .conside1· it befo1.1e the .Sen:rt-e .acts upon tt.

1\fr. SHEPPARD. It will be ~nti.rely satisfaetory to me to have the resolution referred to the Committee <>n Inter tate ..(Jo.m.ma~e.

The VICE PRESIDENT. Without 'Objectlon, the resoJuti ~ will be ref-erred to the ~mmlttee on .lnterstute ·Commerce.

THE CAmNDAR.

The VICE PRESIDENT. Morning business is closed. The calendar under Rule VIII 'is in order.

11r. Hl"TCHOOCK. I ask .unanimous reonsent that we may proceed with tbe caJ.endal' at the _poinit ·where the Senate left oil -at its last .session.

The VlCE PRESIDENT . .Is the11e any .abj-ection1 Mr. POTh'DEXTER. I objeet. The VICE PRESIDENT. Dbjectien .is made.

BILLS, ETC., "PASSED OVER.

The first business en the -calendar ;w.as the i:>in (S. 1.240) to establish the legislative reference bureau of the L1bra.ry Gf Oon­g~s.

lfr. SMOOT. Let tll:at bill go over. The VICE PRESIDENT. The bill mil be passed oTer. The bill (S. 655) authorizing the .Sect·etary of the Interior

to survey the lands of the abandoned E1ort Assimritroine Mili­tary Reservation aud <>pen the same te settlement was un­nonneed -as n~ in 01"<ler.

Mr. SMOOT. Let that bill go over.. Th~ VICE PRESIDENT. The bill. will be pa. ad ov~r. The joint resolution (S. J. Res. 41) autllorizing tb.e .Secre:tary .

of the Interior to sen or lease eertain publie l:m~ to the Re­public Co 1 Co., ,a corporation, was announced as next in ordel!.

The VICEJ PRESIDENT. The question is on the passage ofl the joint resolution.

Mr. FALL. Let the joint resolution go over.

1914. -CONGRESSIONAL RECORD-SENATE. 6899 The VICE PRESIDENT. The joint resolution will be passed

over. The bill ( S. 2242) making it unlawful for any. Member of

Congress to serve on or solicit funds for any political commit­tee, club, or organization was announced as next in order.

Mr. THOMAS. Let the bill go over .. The VICE PRESIDENT. The bill will be passed over. The bill (S. 3112) to authorize the Secretary of the Interior

to acquire certain right of way near Engle, N. 1\Iex., was an­nounced as next in order.

1\fr. THOMAS. In "View of the necessary absence of the chairman of the Committee on Public Lands [Mr. MYERs], who is interested in that bill, I ask that it may go over.

The VICE PRESIDENT. The bill will be passed over. The bill ( S. 2651) providing for the purchase and disposal

of certain lands containing kaolin, kaolinite, fuller's earth, and other minerals within portions of Indian reservations hereto­fore opened to settlement and entry, was announced as next in order.

Mr. SMOOT. Let that bill go over. The VICE PRESIDENT. The bill will be passed over. The resolution ( S. Res. 156) limiting expenditures for tele­

grams sent or received by Senators was announced as next in order.

1\fr. CLARK of Wyoming. Let that go over. The VICE PRESIDENT. The resolution will be passed over. l\Ir. WILLIAMS. That resolution is the unfinished business,

is it not? The VICE PRESIDENT. No; it is not the unfinished busi­

ness. The resolution (S. Res. 84) providing that any Senator upon

his own request may be recorded and c<>unted as present in order to constitute a quorum was announced as next in order.

Mr. CLARK of Wyoming. Let the resolution go over. The VICE PUESIDEN1.'. The resolution will be passed over. The resolution ( S. Res. 218) proposing an amendment to the

standing rules of the Senate was announced as next in order. Mr. SMOOT. Let that go over. The· VICE PRESIDENT. The resolution will be passed over. The joint resolution ( S. J. Res. 26} proposing an amendment

to the Constitution of the United States was announced as next in order.

Mr. THOMAS. Let that go over. The VICE PRESIDENT. The joint resolution will be passed

over. The bill ( S. 3023) relating to the duties of registers of United

States land offices and the publication in newspapers of offi­cial land-office notices was announced as next in order.

Mr. SMOOT. The Senator from Ohio is not present, and on that account l ask that the bill may go ov.er.

The VICE PRESIDENT. The bill will be passed over. The joint resolution ( S. J. Res. 94) to authorize the Secretary

of Commerce to investigate the condition of trade in China, for the purpose of determining the desirability of establishing there a permanent exposition of the products of the United States of America, was announced as next in order.

1\Ir. SMOOT. Let that go over. The VICE PRESIDENT. 'J'he joint resolution will be passed

over. The bill (S. 2425) to authorize the Roanoke River Develop­

ment Co. to construct and maintain a dam across the Roanoke River in 1\Iecklenburg County, in the State of Virginia, approxi­mately 20 miles below the town of Olarksville, in said State, was announced as next in order .

.1\Ir. SMOOT. Let that go over. The VICE PRESIDENT. The bill will be passed O\er. The bill (S. 3971) to provide for a permanent e:-·l) ibit of the

resources of the States of the Union in or near Washington, D. C., was announced as next in order.

1\fr. SMOOT. Let that go over. The VICEJ PRESIDENT. The bill will be passed o\er. The joint resolution ( S. J. Res. 10) proposing an amend­

ment to the Constitution of th·e United States fixing the time for the com·ening of Congress and commencement of the terms of the President, Vice President, Senators, and Representatives was announced as next in order.

.1\Ir. SUTHERLAND. Let that go over. The VICE PRESIDENT. The joint resolution will be passed

over. The bill ( S. 1986) to remove the charge of desertion from

the military record of Henry Fu1ler was announced as next in order. ·

Mr. Sl\fOOT. Mr. President, I ask that this bill and the two following ones may be passed over. The senior Sen a tor from Michigan [Mr. SMITH] is· not present.

The VICE PRESIDENT. Senate bill 1986, Senate bill 35!)4, and Senate bill 1990 will be passed over at the request of the Senator from Utah.

The resolution (S. Res. 254) to create a special committee of five Senators to assist the Interstate Commerce Commis ion in investigating certain facts regarding the methods and prac­tices of the Louisville & Nashville Railroad, and for other pur­poses, was announced as next in order.

Mr. GALLINGER. Let that go over. The VICE PRESIDENT. The resolution will be passed over. The bi1l (S. 392) to create in the War Department and Navy

Department, respectively, a roll designated as "the Civil War Volunteer officers' retired list," to authorize placing thereon with retired pay certain surviving officers who sened in the Army, Navy, or Marine Corps of the United States in the Civil War, and for other purposes, was announced as next in order.

Mr. OVERMAN. Let that go over. The VICE PRESIDE:r-.'T. The bill will be passed over. The bill ( S. 121) to provide that petty officers, noncommis­

sioned officers, and enlisted men of the United States Navy and Marine Corps on the retired list who had creditable Civil War service shall receive the rank or rating and the pay of the next higher enlisted grade, was announced as next in order.

Mr. BRYAN. Let that go over. The VICE PRESIDEN'l'. - The bill will be ·passed over. The bill (H. R. 6282) to provide for the registration of, with

collectors of internal revenue, and to impose a special tax upon all persons who produce, import, manufacture, compound, deal in, dispense, sell, distribute, or give away opium or coca leaves, their salts,. derivatives, or preparations, and for other purposes, was announced as next in order.

Mr. GALLINGER. Let that bill go over. Mr. WILLIAMS. l\Ir. President, I desire to call the atten­

tion of the Senator making the objection to the fact that the Senate had this bill under consideration a few dnys ago, and it was discussed at some considerable length, and we had hoped to be able to take it up to-day and get rid of it. We had formerly made an agreement to consider the Senate com­mittee amendments and the other amendments and dispose of the bill at that time, but it was cut off by the expiration of the morning hour.

Mr. GALLINGER. I will say to the Senator from Mississippi that I did not make the objection because of opposition to the bill itself; but I presume that the special order will be laid down again at 1 o'clock, and I hardly think we can complete this bill in that time under the five-minute rule. I will co­operate with the Senator to get early action upon it.

Mr. WILLIAMS. Does the special order come into opera-tion at 1 o'clock?

Mr. GALLINGER. I assumed that to be so. Mr. WILLIAMS. Is that the fact? The VICE PRESIDENT. It is. Mr. WILLIAMS. Then it is useless to enter upon the con­

sideration of this bill at this time, because there i..; only one minute left in which to do so.

The bill (H. R. 6827) to amend an act entitled "An act to change the name of the Public Health and Marine-Hospital Service to the Public Health Service, to increase the pay of officers of said service, and for other purposes," approved Au­gust 14, 1912, was announced as next in order. .

Mr. Sl\IOOT. Let that go over. The VICE PRESIDENT. The bill will be passed over. The bill ( S. 4552) granting pensions and increase of pensions

to certain soldiers and sailors of the Civil War and certain widows and dependent relatiyes of such soldiers and sailors was announced as next in order.

Mr. BRYAN and Mr. WILLIAMS. Let that bill go over. The VICE PRESIDENT. The bill will be passed ove.-.

YOLUNTEER FORCES OF THE UNITED STATES.

The bill (H. R. 7138) to . provide for raising the yolunteer forces of the Uitited States in time of actual or threat~ned war was announced as next in order. ·

Mr. CHA.l\IBERLAIN. Mr. President, I hope the Senate will take up this bill for consideration.

Mr. WILLIAMS. The special order comes on at 1 o'clock. Mr. CHAMBERLAIN. 'I' hen I move that the bill be con·

sidered at this time. The VICE PRESIDENT. The motion can not be made before

1 o'clock. 1\fr. REED. Let the bill go over, Mr. President. l\fr. CHAMBERLAIN. 1\Ir. President, I hope the Senator

wi.ll not object to the consideration of the bill. I may say to the Senate that the Wnr Department is very anxious to have the bill considered; and if there ever comes a time when _ we

6900 CONGRESSIONAL RECORD-· SENATE. APRIL '20,

will probably need it, I think it is right now. It· is a bill that has received the earnest attention of the Rouse; it has passed the House; it has received the consideration of. the Senate · Com­mittee on Military Affairs~ and it has already been read. ·It ought not to take -r-ery long to dispose of it.

RADIUM-BEABING ORES.

The VICE PRESIDENT. The hour of 1 o'clock having ar­rived, the Chair lays before the Senate the special order of busi-

ne~~ew~~~;~a~ ~~ 4l~.544~~r!~ ~:o~~~o~Y !~le~ncour-age the prospecting, mining: and treatment of radium-bearing ores in lands belonging to the United States, for the J>Urpose of securing an adequate supply of radium for Government and other hospitals in the United States, and for other purposes.

The VICE PRESIDENT. The question is, Shall the decision of the Ohair stand as the judgment of the Senate?

:M:r. ROBINSON obtained the floor. Mr. CHAMBERLAIN. Mr. President--The VICE PRESIDENT. Does the Senator from Arkansas

yield to the Senator from Oregon? Mr. ROBINSON. I do. Mr. CHAMBERLAIN. I desire to make a motion that the

Senate proceed to the consideration of Honse bill 7138. .Mr. ROBINSON. Will the Senator from Oregon withhold the

motion until I can make a brief statement touching the point of order?

Mr. CHAMBERLAIN. Very well. Mr. ROBINSON. Mr. President, the view has been expressed

by some of the skilled parliamentarians in this body, including the Senator from Massachusetts [Mr. LoDGE] and the two Sena­tors from Uta.h, that the decision of the Vice President over­ruling the point of order and holding that the special order was not displaced by reason of the failure to dispose of the same upon the first day when it was set is not supported by prece­dent and will embarrass the Senate in the future transaction of its business. I had expected that some one else more familiar with the rules and practices prevailing in the Senate would discuss the point of order from the standpoint contrary to that occupied by these very able and learned Senators.

Considering the subject for the purpose of determining my own vote on the appeal from the decision of the Chair, I have reached the conclusion that the ruling of the Vice President is right, and should therefore be sustained, and will briefly sub­mit some ot. the considerations which have prompted this con­clusion.

THD PRECEDENTS SUSTAIN THE CHAIR.

It must be borne in mind that while no precedents have been cited to the contrary, the Vice President has called attention to the decision of the President pro tempore, M1·. Frye, of Febru­ary 23. 1901, in point. The ruling of the Vice President gives some dignity to special orders .. and will in no wise prevent the Senate from displacing the special order by an affirmative majority vote. The contrary view penalizes special orders unless, as rarely happens, they are disposed of during the first day.

The suggestion that this ruling, if sustained, will, in effect, enable the Senate to mortgage its time in advance, and thus exclude the consideration of other business. is not of con­trolling force when it is recalled that the object of a special order ls to make certain the consideration of a certain measure at a fixed time and that the Senate can, by a majority vote, proceed to the consideration of any other subject and thus relieve itself of the ob-ligation to finally dispose of the special order whenever in the opinion of the Senate it is desirable to do so. It is clear that since, upon motion adopted by a majOJ;ity vote, the Senate can displace a special order with other busi­ness, the ruling will not have the effect of seriously interfering with the business of the Senate, as has been suggested by some Senators.

Those who have argued against sustainillg the Chair have de­clared that the sole object of a special order is to give it "a day in court." In the use of this illustration they are unfortunate. The term " day in court " does not mean the right of a litigant to begin the trial of his case, but almost always implies the right to proceed to the hearing and determination of the cause. How can a measure be said to have had its" day in court" if the dis­cussion of it has merely been commenced and the measure has not been disposed of? Before it can fairly be sn.id to have had its" day in court," it must be passed upon by the Senate or that body must have expressed its desire not to finally determine it by voting to take up some other measure.

So, if the effect of mnking a bill a special order is to give that bill its " day in court," the ruling of the Chair should be sus­tained, because that is exactly what the Vice President has done.

He ha:s held that when the Senate, by n two-thirds vote, agrees to take up a measure at a certain time, it shall proceed under tbe rules ·to finally determine the measure, unless before a vote upon it has been taken the Senate decides to take up somethillg else.

Any other view of the matter would make procedure by spe­cial order in the Senate ineffective. It would give no more rights to a bill which two-thirds of the Senate vote to take up at a fixed time than to another which may be taken up by a majority vote. ·

If the contention of the Senatar from Utah [Mr. SUTHER.LAND) is correct, that Rule VIII precludes the consideration of special orders during th~ morning hour so long as the calendar under Rule VIII remains disposed of, it must follow that this special order has no rights or privileges within the morning hour, either upon the initial day or upon any subsequent day, when it had been consigned, in accard with Rule X, to that mysterious bourne designated as the " Calendar of Special Ot·ders."

If it is agreed that the early clause in Rule VIII, which reads " unless upon motion the Senate shall at any time otherwise or­der," protects the special order upon the one particular day that is named in the motion creating it, why do not those same words apply to, follow, and protect that special order in all of its rights upon the following day?

The two Senators from Utah argue that after the special order has been taken up, whether disposed of or not, whether or not it has been displaced by the unfinished business, the fact that it has been laid before the Senate at all is sufficient to com­port with the peculiar privilege and dignity attaching to its character as a special order, made by a two-thirds vote of the Senate, that it then goes off somewhere-to a mysterious and indefinable realm designated as the " Calendar of Special Or­ders!' According to the arguments of these Senators, it has had its "day in court,., and if it ever comes up again, it must be under Rule IX, upon a specific motion for that purpose.

Mr. SMOOT. Mr. President--Mr. ROBINSON. I prefer to proceed to the conclusion of

my statement, and then I will yield to the Senator from Utah.. · In other words. if a Senat~r is indiscreet enough to ask t~at

a bill be made a special order for a particular day and bour, and two-thirds of the Senators are willing to grant his request, the bill is straightway placed in special and peculiar jeopardy. It is marked for a legislative bm·ial ground, conspicuously des­ignated as the Calendar of Special Orders, under Rule IX.

Every Senator realizes that Calendar IX is a Senator's last hope. It is rarely, if ever, reached in the regular order ot business. How many Senators here can recall when the calen­dar under Rule IX was reached in a regular way'l It takes a motion to lift a bill from this tomb, and the fact that the bill has once been buried there puts a Senator upon guard. He becomes suspicious and slow to assent to the resurrection.

And so we have the special receiving vault, labeled the " Calendar of Special Orders."

To state the matter in another way~ A bill that has once been given special consideration by the Senate by a two-thirds vote-that is, a " special order "-can by the easiest of parlia­mentary legerdemain be relegated to a much inierlor position· than it originally occupied-to a place where it is virtually_ blacklisted.

. So long as it was upon Calendar VIII it could be reached in the course of regular procedure; if not reached one day, it might be taken up the next; if once reached and not disposed of, it might have a second chance. These privileges it enjoyed without special let or hindrance. It could also be taken from Calendar VIII without any stigma attaching to it, without a sign above its title tllat it belonged to the class of "has beens."

If a speeial order of the Senate bas no preferred standing in this body, why did the Committee on Rules ever frame Rule X, to which a bill must go if once made a special order and not disposed of on the first day? The " Calendar of Special Or­ders," as construed by the Senators from Utah, the senior Sen- . ator from Massachusetts, and others, becomes a mysterious place in parliamentary economy comparable to that " twilight zone" so affectionately referred to in debate by the distin- . guished Senator from Minnesota [Mr. CLAPP] as the mysterious borderland of the millenium from which no real Progressive ever returns. May it not be said that this " Calendar of Spe­cial Orders " was wisely provided to give special rights to all such bills as two-thirds of the Senate shall decide are of suffi­cient impcrtance- to have special consideration'?

I am inclined to follow the ruling of the Vice President, surr ported by his able opinion based upon the decision of ex-Presi- , dent pro tempore Mr. Frye, who said that inasmuch as. it requires a two-thirds vote of the Senate to make a special order, a bill having received this recognition becomes clothed

1.914. CONGRESSIONAL RECORD-SENATE . . 6901 with unusual rights; that whenever there is no unfinished business subsequent to the special order made, that special -order is to be laid before the Senate as unfinished business. The able and astute Vice President has been governed by the time-honored precedents of this body, and his ruling will give reasonable effect to all the rules established for the regulation of procedure here. No harm can come to the Senate by sustain­ing his decision. It may make the Senate more cautious as to what measures it will make special orders. It may make us more reluctant to encroach upon the morning hour · and to "mortgage" the time of the Senate: As the Vice President has suggested, the Senate wHI still have the power, by a major­ity vote upon motion to proceed to the consideration of some other subject, to displace special orders.

So long as we have permitted the morning hour to be mort­gaged and preempted by the mere notices of Senators, some­times given weeks in advance of their intention, upon the con­clusion of the morning business, to speak upon subjects not really before this body, thus deferring for days and even weeks consideration of the calendar under Rule VIU, the objection that the ruling of the Vice President which in effect says that when a bill is made a special order it does not lose its dignity as such by the mere expiration of the day when its considera­tion is begun constitutes an unreasonable mortgaging of the time of the Senate sounds absurd to the mind not trained to the arts or devoted to the practices of parliamentary sleight of band.

1\Ir. SMOOT. Mr. President, I desire to say that the Senator from Arkansas, so far as my own position is concerned in this matter and I believe as I presented it to the Senate, is only partially correct. I have never contended thnt a special order did not give any privilege to a bill, for I particularly called attention to the fact that it a bill is made a special order for an hour upon a particular day at the hour of the day for which that special order had been fixed the . bill must be presented to the Senate. The privilege that bill has is this: The bill must be presented to the Senate, and then if the bill is not disposed of on that particular day and the Senate adjourns before the conclusion of the measure, with that bill pending before the body, automatically it becomes the unfinished business on the morrow unless--

.Mr. GALLINGER. Provided th.ere is no <>ther unfinished business.

1\fr. SMOOT. I was going to -say exactly what the Senator from New Hampshire has suggested, providing the~ is no un­finished business upon the calendar at that time.

In this particular case, 1\fr. President, when the Senator from Montana asked that this bill be made a special order, I myself called his attention to the fact that there was unfinished business upon the calendar and told him at the time that the unfinished business would come up at 2 oclock and had preced­ence over a special order. The Senator from Montana admitted it, and the hour was changed from 2 o'clock, as first requested,

· to 1 o'clock, at my suggestion. · Mr. WALSH. I wish to ask the Senator from Utah, if the

request, as I originally preferred it, that it be made a special order for 2 o'clock had been acceded to, would not the bill have stood for disposition immediately after the unfinished business'}

Mr. SMOOT. Not-unless on the particular day on which the special order had been made the unfinished business had been disposed of, and then the special order taken U? for considera­tion. Otherwise, it would have had no privilege. That bas been the past practice of the Senate.

I did not take the time the other day to point to precedents. but I have here at least 20 showing that that has been the case. I contented myself by simply calling attention to the bill in charge of the Senator from Iowa [1\Ir . .KENYON] in relation to the liquor question.

Mr. President, I am still of the opinion that the rules as they are to-day were made for the very purpose that a special order should not have a privileged position except under the circum­stances to which I have referred this morning. I believe that anyone who has studied the question and the rule before the change in 1884 can come to no other conclusion, because the rule that governed special orders in 1854, which was referred to by the Vice President, could not have been more speci.fie than it is. It is Rule XXXI, and the fourth paragraph specifically states that-

~pecial orders shall not lose their position on acCDunt of Jn.tervening adJournment. nor shall they lose their relative position on the calendar except by a vote of the Senate, until finally disposed of. \ .'

Why was that rule abolished if the ruling of the Chair is to stand now? Why did the Senate change it? I defy any Sena­tor to write language more plainly than that and express a position more clearly than the wo..rds of the Qld rule.

Mr. President, the rule of 1854 was changed beca1.1se of tbe fact that the Senate decided to make the unfinished business the privileged question., and it automatically comes \LP at 2 o'ctock every day until it 1-s disposed of. Before that time, Mr. President, that was not the case.

The VICE PRESIDENT. May the -Qhair ask where the rule is that makes the unfinished business come up a.t 2 o'clock? The Chair ean not .lay his hand on it just now.

Mr. SUTHERL_Al.r.TD. If I may be permitted to make a su"'­gestion, I do not think there is zny specific rule on the subje;t, but under usual parliamentary law, when a piece of business has been entered upon and not finished on a particular day, it comes up at the meeting the subsequent day. Now, that ordi­nary rule of parliamentary Jaw has been interfered with and modified by Rule VIII, which provides that-

At the conclusion of the morning business for each day * * • the Senate will proceed to the consideration of the Calendar of Bills and Resolutions, and continue such consideration until 2 o'clock.

And then the rule further provides that that " shall take precedence of the unfinished business a.nd other special orders."

The VICE PRESIDENT. That was not the inquiry of the Chair. Tbe inquiry of the Chair was where is the rule.

Mr. SUTHERLAND. That is the only rule there is on the subject, as I understand, Mr. President.

Mr. SMOOT. The effect of the practice-. The VICE PRESIDENT. The Chair is not asking about the

p1·actice; the Chair is .asking where the rule is. . Mr. SMoor.r. Rule VIII specifically provides that until 2

o'clock certain business shall have precedence, but after 2 o'clock it does .not; and the only thing--

The VICE PRESIDWT. Tbe Chair understands that The Chair was asking where the rule is about the unfinished busi­ness coming up at 2 o'clock.

Mr. SMOOT. Well, Mr. President, that has been the rule and in accordance with the precedents of the body ever since I have been here, and for years previously.

The VICE PRESIDENT. Exactly. Mr. SMOOT. I do not remember precisely what .Jefferson's

Manual says upon this point, but I think that it also specifically upholds my contention on this point

Mr. WALSH. I dare say this matter has now been suf­ficiently discussed, and I move to lay the appeal from the deci­sion of the Chair on the table.

The VICE PRESIDENT. That motion has been lost, the Chair understands, although the Chair was not ha·e at the time.

Mr. SMOOT. It has been lost, Mr. President. Mr. WALSH. A parliamentary inquiry, Mr. President. After

the matter has been debated and discussed, is not the motion then in order? My understanding is that the purpose of the motion is to shut off debate. Of course, after it has been de­bated the question is before the body in a different p.adiamen­tary status.

Mr. SUTHERLAND. Mr. President. may I sugg-est to the Se.nator from Montana that we shall reaeb .a vote upon this matter in a. very few moments, I think. if he wiU be patient about it? I do not think there is any disposition to debate it at any further length.

Mr. WALSH. The Senator from Montana has been obl.i:ged to exhibit considet:able patience, but · he will be glad to with­hold the motion if the Senator from Utah d.esires to say any~ thing further.

The VICE PRESIDENT. The Chair will say to the Senator from .Montana that the Chair is of the impression that only one motion to table could be in order. and the motion to ta.ble was not carried the other day, as the R.Econo discloses. The Chair thinks that the question on which the Senate is now to vote is, Shall the decision of the Chair stand as the judgment Qf the Senate?

Mr. SUTHERLAND. Mr. President, I desire to say merely a word. I wish, first of all, to complete what I egan to say in response to the inquiry of the Chair. The inquiry of the Chair was, Where was the rule which Dlllde the unfinished business come up at 2 o'elock each day? As I understand, it is a rule of general parliamentary law that when business has not been completed upon one day it comes up the next day for comple­tion as the ·unfinished business. That general rule of parlia­mentary law has been modified to the extent only tbat under Rule VIII of the Senate the unfinished business is postponed until 2 o'clock by the express provisions of that rule. So, taking the general parliamentary rule in connection with Rule VIII, the unfinished business comes up automatically every day at 2 o'cloek.

Mr. President, the Senator from Arkansas IMr • .RoBINSON] has argued at some length in support of the ruling-<>~ the Obair. and has uudertaken to show that when 1:h.e Senate .by a tw.()<-

-

6902 CONGRESSIONAL RECORD-SEN ATE. APRIL 20,

thirds vote has made a bill a special order for a particular day, that gives it some unusual status. It does, Mr. President; it gives it a status which no other bill has, namely, the right to come up on the particular day that has been fixed, at the hour fixed, and to be considered, if there is no unfinished busi­ness, during the remainder of that day.

Mr. ,WEST. :Mr. President--Mr. SUTHERLAND. Just a moment. But if it is not dis­

posed of, the rule expressly provides, not that it shall be con­tinued from day to day at the same time-which would have been a very simple thing to provide if the Senate had so de­sired-but that it shall take its place on the Calendar of Special Orders. Then we must go to the rules to ascertain what is to be done with the Calendar of Special Orders, and when we do so we find there is absolutely no provision anywhere in the rules as to when that Calendar of Special Orders shall be called.

Mr. OVERMAN. Mr. President-- . The VICE PRESIDENT. Does the Senator from Utah yield

to the Senator from North Carolina? Mr. SUTHERLA-~D. I yield to the Senator. Mr. OVERMAN. I think the Senator will find in Rule X the

provision with relation to the unfinished business. Mr. WEST. I desire to ask the Senator from Utah a ques­

tion. It requires, as I understand from the rules, a two-thirds Yote in order to make a bill a special order?

Mr. SUTHERLAND. Yes, sir. Mr. WEST. · But the Senate can displace that at any time

by a majority vote? Mr. SUTHERLAND. Yes. Mr. WEST. .And if it is the will of the Senate to displace

a special oraer, why do we mortgage the time of the Senate when we can at any time displace such a measure?

Mr. SUTHERLAND. I do not know that I can say anything further in response to the question of the Senator from Georgia than I have already said, that before the Senate will consent to m·en set aside a particular hour of one particular day for the consideration of a measure there must be a two-thirds vote; it is considered sufficiently out of the ordin'ary even to give up a sinole day to the consideration of a bill in advance to require that that shall be done.

Mr. President, if the Senator from Arkansas had argued that the special order came up at the conclusion of the morning hour, provided there was no unfinished business in the way, there might have been some foundation for his argument; but when he insists that it comes up automatically every day at 1 o'clock, he is utterly without any support whatever in the rules. There is simply the provision that such a bill shall go to the Calendar of Special Orders, and then there is no provi­sion in the rules at all as to when it shall come up. Certainly, if it had been intended by the Senate that it should come up automatically at a certain hour every day, it would have been provided in precise terms.

1\lr. GALLINGER. As it was in the old rule. Mr. SUTHERLA.li.TD. As the old rule of 1856 provided in

precise terms that such a bill should come up at that time. The VICE PRESIDENT. The question is, Shall the decision

of the Chair stand as the judgment of the Senate? [Putting the question.] The ayes seems .. to have it. ·

1\lr. SUTHERLAl~D and Mr. SMOOT called for the yeas and nays; and they were ordered.

The Secretary proceeded to call the roll, and Mr. AsHURST re ponded to his name.

Mr. LEWIS. I make the point of no quorum, Mr. President. The VICE PRESIDENT. The point can not be made at this

time, the roll call having begun. The Secretary resumed the calling of the roll. Mr. SUTHERLAND (when his name was called). I have a

general pair with the Senator from Arkansas [l\Ir. CLARKEl, who is absent. I tran fer that pair to the Senator from Ohio [1\Ir. BURTON) and vote "nay."

Mr. WEEKS (when his name was called). I inquire if the junior Senator from Kentucky [Mr. JAMES] has voted?

The VICE PRESIDENT. The Chair is informed that the Sen a tor from Kentucky has not >oted.

Mr. WEEKS. I have a general pair with that Senator, and therefore withhold my vote. ·

l\Ir. WILLIA.l\IS (when his name was called). I have a pair with the senior Senator from Pennsylvania [1\fr. PENROSE]. I transfer that pair to the Senator from Louisiana [Mr. THORN­TON] and vote "yea."

The roll call was concluded. Mr. '.riLLl\IAN (after having >oted in the affirmative). I

voted inadvertently when my name was called, and I desire now to withdraw my vote. I have a general pair with the Benator from Wisconsin [1\lr. STEPHENSON], who is absent.

Mr. KERN. I transfer my pair with the Senator from Ken­tucky [Mr. BRADLEY] to the Senator from Nevada [Mr. NEW­LANDS] and vote "yea."

Mr. CLARK of Wyoming. I have a general pair with the senior Senator from l\lissourl [Mr. STONE], who is absent be­cause of illness. I h·ansfer that pair to the junior Senator from South Dakota [Mr. STERLING] and vote "nay."

Mr. ROOT. I have a general pair with the Senator from Colorado [1\lr. THOMAs]. I do not see him in the Chamber. I will trimsfer that pair to the Senator from Minnesota [1\lr. NELSON] and vote "nay." ·

Mr. WEEKS. As I ha>e already stated, I have a general pair with the junior Senator from Kentucky [l\lr. JAMES]. I trans­fer that pair to the junior Senator from Iowa [Mr. KENYON] and vote. I vote "nay."

1\lr. LODGE. I ask if the Senator from Georgia [Mr. SMITH] has voted?

The VICE PRESIDENT. The Chair is informed that he has not.

Mr. LODGE. I have a general pair with that Senator, which I transfer to the Senator from Nebraska [Mr. JoRRIS] and vote "nay."

Mr. McLEAN. I have a pair with the senior Senator from Montana [Mr. MYERS] and thPrefore withhold my vote.

Mr. CATRON. I wish to announce that my colleague [Mr. FALL] is paired with the Senator from Arizona [Mr. SMITH).

Mr. TOWNSEND. I desire to announce that the senior Sena­tor from Michigan [Mr. SMITH], who is absent, is paired with the junior Senator from :Missouri [Mr. REED].

Mr. WALSH. .I desire to announce the absence of my col­league [Mr. l\lYERS] on account of illnes .

1\fr. SMOOT. I desire to announce the una>oidable absence of the senior Senator from Kentucky [Mr. BRADLEY] and his general pair with the junior Senator from · Indiana [Mr. KERN].

I also desire to announce the unavoidable absence of the juniqr Senator from Wisconsin [Mr. STEPHENsoN] and his gen­eral pair with the Senator from South Carolina [1\Ir. TILL­MAN].

Mr. SIMMONS (after having voted in the aflirmati>e). I have a general pair "i''-ith the junior Senator from Minnesota [Mr. CLAPP]. I inquire if he has voted.

The VICE PRESIDENT. The Chair is informed that he has not voted.

l\fr. SUDIONS. I transfer my pair with the Senator from Minnesota to the Senator from Colorado [l\Ir. SHAFROTH ] and will allow my vote to stand.

1\fr. BANKHEAD. I transfer my pair with the ju~:n· Sena­tor from West Virginia [Mr. GoFF] to the junior Senator from Louisiana [Mr. RANSDELL] and vote "yea."

The result was announced-yeas 34, nays 25, as follows:

Ashurst Bankhead Borah Chamberlain Chilton Fletcher Gore Hitchcock Hollis

Brandegee Bristow Bryan Burleigh Catron Clark. Wyo. Crawford

YEAS-34. Hughes Kern Lane Lea, '.Penn. Lee, Md. Lewis Martin, Va. Martine, N. J. O'Gorman

Owen P erkins Pittman P omerene Robinsc,n Sheppard Shields Shively Simmons

NAYS-25. Cummins Oliver Dillingham Overman Gallinger Page Jones Poindexter Lippitt Root Lodge Smoo1; McCumber Sutherland

NOT \OTING-36. Bradley Goff Newlands Brady Gt·onna Norris Burton .Tames Penrose Clapp .T ohnson Ransdell Clarke, Ark. Kenyon Reed Colt La Follette Saulsbury Culberson McLean Shafroth du Pont Myers Shet·man Fall Nelson Smith, Ariz.

So the decision of the Chair was sustained.

Smith, Md. Smith, S.C. Swanson Thompson Wal h WPst Williams

Townsend Vat·daman Warren Weeks

Smith, Ga. Smith, Mich. Stephenson Sterling Stone Thomas Thornton Tillman Works

VOLUNTEER FORCES OF THE UNITED STATES. 1\Ir. CHAMBERLAIN. I renew my motion that the Senate

proceed to _the consideration of the bill (H. R. 7138) to pro­vide for raising the volunteer forces of the United States in time of actual or thre..'l.tened war.

The VICE PRESIDENT. The question is on the motion of the Senator from Oregon to proceed to the consideration of House bill 7138.

1\fr. WALSH. Mr. President, before the vote is taken on that motion I should like to know what reason there is for displacing Senate bill 4405 at this time. I desire to say to

'1914. CONGRESSIONAL RECORD--SENATE. 6903 tile Senator from OYegon that if. the b-ill which he- destres to. M1•. GALLINGER. I observ<Y that fact .. present tor the constde1'ation. of the Senate: bea.rs any special Mr. WILLIAMS'. If the Sen:ato~ w1U pardon me, Is: it not reference to the condition 1n which we find om."selves plac:ed . a:!So- trua that th11f, fa BUbst:mtlally the- same bill which was this morning with Ye:ferenee to Mexico, I rufght not b~ disposed agreed \Ipon by tl:le Senate Committee on: M1Utnry Affairs of to antagonize the substitution. the last Oongress1

Mr. ORAMBERLAIN. I nm informed that rt d.oes,. M1·. Mr. OHAMBERLAIN. It is. I may sa.y too, that the bill President. Tire purpose of the bill is. to place the volunteer has hnd the careful consideration of Mr. HAY and the other forces of the United States 1n such condition that they may members of tne House committee. be used if necessary. The War Department has been very anx- Mr. GALLINGER. Understanding it as I now do, I ask ious that r should bring up the bill. I do not want to inter- unanimous CO"nsent that the balance of the letter of the War fere with any bill which the s-enator has in charge if I can Department may be printed tn the RECORD without reading. secure the consent of the Senate to consider House blll 7138 The PRESIDING OFFICER Without objection, it is so at n conveni'ent season. There ts no particular hurcy about it ordered if it can be acted upon within the course of the next few days. The letter referred to is, in full, as follows:

Mr. WALSH. Does the Senator understand that his motion w..u: DEPAmnmNT, displaces the bill that is now before the Senate? I do not OFFICE oF THE CmEF oF S'l!AJJ'F,

desire to embarrass the consideration of the measure~ Memorandum for the Chiet of Staff. Wa"Bhingtan, August 7' 19.Jj·

Mr. SUTHERLAND. I make th~ point of order that this Subject: S. 542 und H. R. 7138, Slxty,third Congress, first s.ession, to motion is not debatable. provide for the raisihg of volunteer forces in time ot war.

The VICE PRESIDENT. The point of order ig- well ta:ken. 1. Herewith are copies of bills to provide for raising volunteer forces. in time of actual or threatened war. The two bills are meant to ac­

The question is, Shall the Senate proceed to the considei'a- complish the same object and are substantially the same. They have tion-- the same· number af sections and the subj.ect matter dealt with in aach

1\Ir. WILLIAMS. Mr. President, before the question is nut section is the same. There are several minor differences which will be J:! discussed in detail late!". The following dls.cussion is submitted with

I desire to ask unanimous consent that the special or.der may reference to the proposed law: go OVer without prejudice. If • thiS motion prevailS, then it iS NECESSITY FOR AN ADEQUATE LAW FOR THE R:US~G OF \OLU}."'TE.ERS.

displaced by the action of the Senate; but if it goes over by 2. In the five pl'inclpar wars in which the United States has- been unanimous consent without prejudice- it continues to enjoy engaged since its existence as a separate State the records show that of Such advantages as l

't now has. the total number of men enrolled 1.5 per cent were furnished by the Regular Army, 69.7 per cent were volunteers, and 22.8 per cent were

.Mr. WALSH. I feel that the Senator from Oregon ought militia, rangers, and emergency men. t de t 1 t th t h · · f d · t 3. The report of the Board on the Organization of the Land Forces 0 conce a eas a muc lll VIew 0 my esll'e 0 aceommo- of th~ United States shows that at the outbreak of war with a flt·st-da te him. class power we should be capable of mobilizing at once an e!Iecti've

1\Ir. CHAMBERLAIN. I will sa.y to the Senator that I am force of 502,.000 mobile and Coast Artillery troops as a minimum for perfectly willing to do so. the first line, and that to augment this force and replace losses plans

Mr. GALLINGER. Mr. President, I repeat the suggestion ~~~~Jgo b::U:; ~~~I~~ol~XOJ'a~~~ immedlatery an additionnl force of that the motion is not debatable. 4. The number of men of the Regular Army available for duty in

Th VICE PRESIDENT Th ti- · th ti f tp.e United States afte1· the outlying- posseseions shall have been gar-e ' i J: • e ques on IS on e mo on ° nsoned will be about 51.000 men. including 13,000 Coast Artillery. the Senator from Oregon that the Senate proceed to the con- The strength of the Or-ganized Militia is 112.700 (Report of Chief of sideration of House bill 7138. Division of Militia Affairs, 1912). of which 7,200 belon,g to the Hospital

The motion was agreed to·, and the Senate, as in Committee· Corps. Total peace stren.trtb of fightin~ troops, including both Regulars and Organized Militia, HH,OOO men. 1f both the Regular and Militia

of the Whole, proceeded to consider the bill (H. R. 7138) to organizations be brought to the maximum strength allowed by law, the provide for raising the volunteer forces of the United States in total will be about 350,000 men. To make up the 502,000 for the first time of actual or threatened war, which had been reported from line 152·000 volunteers will be required, and to replace their losses

90,000 additional will IJe required ; total .-olunteers to be organized for the Committee on Military Affairs with amendments. the first line, 242,000 men. Even though we may assume that all the

1\Ir. CHAl\IBERLAIN. 1\Ir. President, the bill has been :read, Organized Militia wm be called into the sel"Vice and kept at war strength, and I simply ask that it be read now for committee amend- the probability is that ln the future as in the past from 50 to 75 per

cent of our soldiers will come from the volunteers. ments. 5. l\Ir. RooT, when Secretary of War. emphasized the great impor-

The VICE PRESIDl31~"T. In the absence of objection, the bill tance of legislation for providing nn adequate system for the raising, training, and ofiicering volunteer forces. It is patent that an adequate

will be read for action on the amendments of the committee. law !or this purpose should he on the statute books. Mr. GALLINGER. l\lr. President, before the bill is read for 6. The only law in existence authorizing the raising of volunteer

amendment I will ask the Senator from Oregon to state very forces was that passed April 22, 1898. This law was passed three days before the declaration of war with Spain, and is defective in several

bTiefly the purpose and purport of the bill. It need not take ways, some of its deficiencies being: due to the haste and confusion more than a minute. which prevailed at the time of its passage, and others to the fact that

11.r c-.::r" 1\""BERLAIN M p 'd +- th W D art t a ~rood many of its provisions have become obsolete. llll'. ..l::l...l:1.ll • r. resi en~ e ar ep men • 7. Secretary Taft in hls report for 1906 called attention to the de-

in a letter which is attached to tbe bill, has stated its purpose fects of the law of 1898 and showed the necessity for a revision of the very much more succinctly and mor~ clearly than it would be laws governing the raising of volunteer forces. Possible for me to do in any statement I might make. I there- President Roosevelt sent a special message to Congress in December,

1908 . on the subject, in which ht> says : fore ask that the department's f:tatement may be read from the "Everyone familiar with the existing law Is aware that it is faulty .desk. and wholly inadequate to a speedy and proper organization of a volun-

Tbe PRESIDING OFFICER (Ur. WEST in the-chair). With- teer force. and that in part it has become obsolete through recent legis· latlon afl'eding the Organized Militia."

out objection, it will be read. 8. Secretary of War Dickinson in hls report for 1910 says : The Secretary proceeded to read the letter. During the " The present law for raising a volunteer army in time of actual :md

. threatened war was placed on the statute books piecemeal and bur-reading, riedly, partly on the eve or the Spanish War and partly after bos-

:Mr. GALLINGER. Mr. President, as a result of glancing tilltles had actually commenced. As might naturally be expe:cted of over the report, which I had not previously read, I assume that legislation passed in such circumstances, the plan which it provides for

raising a volunteer army is faulty and inadeq~ate to a speedy and this bill is simply to organize into a compact body in time of proper organization of a volunteer force. Within a yenr after its pas-war the volunteer forces known as the militia of the States. I sage it was considered advisable to enact a new law to provide for will ask the Senator if that is correct? raising the volunteers used in the Philippine insurr-ection. This statute,

1\lr. CHAl\IBERLAIN. No., I will say to tbe Senator from however, was only a temporary measure, and after the volunteers raised under it were mustered out of service the older law became again

New Hampshire that the bill has not anything to do with the operative, but has in part become obsolete through 'subsequent legisla­Organized Militia. They are called into requisition first in tlon affecting the Organized Militia. A comprebensi'"e measure for the case of an emergency, and this is to provide an additional force. organization of a volunteer army, to be raised only after Congress has

made a declaration of war, would be of inestimable .-alue if the country Mr. GALLINGER. An independent volunteer force? is ever agatn confronted with a fcreign war. "' o * Some new legis-1\fr. CHA.MBERL.A.IN. Yes. lative enactment of this kind is an essential part o! our national mili-

tary system and will enable the General Staff and the War College to Mr. WARREN. Only in time of actual or threatened war. discharge one of the most important duties for which Congress created Mr. GALLINGER. I highly approve of the bill, as I under- tbem, and wbicb th-ey are now prevented from doing because of the

stund it; and I ask unanimous consent that the .balance of the absence of such law." letter from the War Department, which is verv illuminatin:r, 9. In a letter to the chairman of the Senate Committee on Ml!itary

" ~ Affairs, under. date of June 6, 1911, Mr. Stimson, then. Secretary of may be printed in the RECORD without reading. war, said:

Mr. CII.A.l~BERLA.IN. I may say to the Senator that the " The act of April 22, 1898, did not recognize the dil!erence between bill had the cordial aJJproval of l\lr. RooT when he was Secre- militia and Volunteers, but since the Spanish-American War the militia

is recognized as- an entirely separate organization from the Volunteers. tary of War; it had the approval of Mr. Dickinson when he was In that act there is a definite recognition of three different classes of Secretary ()f War; it had the approval of Mr. Stimson when he troops, viz. the Regular Army, tM mUitia, and the Volunteers; and it was Secretary of war,· and it has the approval of the present is provided that the Organized Mllitia shall be called into the service

of tbe United States before the. Volunteers are o1·ganized. The volun-Secretary of .War. teer bili now proposed is intended to provide an ·organization for these

6904 CONGRESSIONAL RECORD-SEN ATE. APRIL 20. '

volunteer troops. • • • It provides for n complete organization of any force of Volunteerr:P that may hereafter be called out, whether that force be a single regiment or an o.rmy of a mlllton men. The blll har­monizes entirely with the militia or~antzo.tlon under the Dick law and with the existing law governing the Regular Army, and it ts clastic and flexible in that the organization of the volunteer forces is prescribed to conform to that of the Regular Army, and any future changes in the Regular Army wm automatically carry corresponding changes in the volunteer forces. This is now prescribed for the militia."

10. In his annual report for Hlll Secretary Stimson says: "I earnestly recommend the passage of the volunteer bill. • • •

'.rh(>re is no ·new policy or principle involved in the proposed volunteer bill, which is baseif on the experience in all previous wars."

In his report for 1912 the Secretary of War says : " I again earnestly recommend the passage of the volunteer bill, pro­

viding the necessary legislation under which, in time of war, a force of National Volunteers can be created without delay. • • • It Is the height of national shortsightedness not to have upon our books an adequate law which will govern and provide for the raising of such a volunteer for·ce in time of war. • • • There is now pending in Congress a bill which makes such a provision and which, I believe, is admirably adapted to meet the exigencies which would be presented in case of war. Its pas age has been urged again and again by this depart­ment. It would not entail a dollar's eJ..[)ense upon the Government at this time or in the future until war comes. I earnestly urge its pas­sage-''

DEFECTS OF THE LAW OF 1898.

11. The following are the defects of the existing Ia w for the raising of Volunteers:

(a) It is provided lo section 4 that the term of enllstment shall be for two years unless sooner terminated. ·

'l'be proposed law will correct this defect. (h) The existing law provides that all otncet·s and men of the Volun­

teels shall be discharg-ed from the service of the United States when t he puq>oses for which they were called into service shall have been accomnh bed or on the Conclusion of hostilities. But the law does not fix dPfinitely who is to decide when their services are no longer required nor the date on which their muster out is to begin.

'!'his defect will be corrected by the proposed law, hich provides that the Volunteers shall . be mustered out as soon as practicable after the President shall have issued his proclamation announcing the termi­nation of the war or the passing of the emergency or imminence of war.

(c) The provision under section 5, which relates to the Indian Ter­ritory, is obsolete.

(d) Section 6 provides that each regiment of Volunteers shall have one sru·geon and two assistant surgeons.

The pt·oposed law pr·ovides the same personnel of the Medical Corps fot· each organization of Volunteers as wlil be provided for similar organizations of the Regular Army.

(e) Section 6 provides also that regimental and comP.any officers shall be appointed by the governors of the States and Terr1tones.

'l'his defect will be corrected by the provision in section 5 of the pro­posed Jaw, which authot·izes the President to appoint all the officers of the Volunteer forces . . (f) Section 8 is defective in that it requires the records of Volunteer or~anizations to be deposited with the Record and Pension Office.

'l'his will be corrected by the provisions of section 9 of the proposed law. ·

(g) The provision is section 10 in regard to the numbers. grades, and titles of staff officers for units larger than regiments is defective, principally because the composition of these units have changed since the law was passed.

The proposed law will correct this defect. Section 5 provides that the number and grade of snch officers shall not exceed the number and grade of like officers provided for a like force of the Re~lar Army.

(h) The provision in section 13 limiting the number of officers of the Regular Army to one for each regiment of Volunteers is defective. Ex­pez·ience has shown that much better results . are obtained by having a- j!l"eater number.

Thls defect will be corrected by the provisions in section 7 of the propo ed law, which limits the number of regular officers to one to each separate battalion of Volunteers and to four to each regiment of Vol­unteers.

ADVA~TAGES OF THE PROPOSED LAW.

12. In addition to correcting the defects of the existing Ia w as. writ­t en the pt·oposed Jaw is more complete, and corrects the deficiencies of omission in the old by provisions as follows :

(a) In section 3 it is provided that the power to organize shall in­clude the power to provide the officers and enlisted men of all grades and classes, including trained nurses, male and female, that may be necessary in the various arms, corps, and departments.

This provision is broad and elastic and allows the organl~ation of units of all branches, corps, and departments to proceed simultane­ously.

(b) The last provision in section 3 permits volunteers of any partic­ular arm to be organized as soon as the Organized Militia of that par­ticular arm has been called into the service.

'l'his corrects that defect of the existing militia law which requires all the or

1.,.anized Militia of all arms to be callM into the service before

any volnn eers can be organized. (c) The provision in section 4 requiring organizations of Volunteer

units to be the arne as corresponding units or the Regular Army will make future cbangP.s in the propo_sed law to meet changes in organiza­tions of the Regular Army unnecessary.

'l'be last provision in section 4 in regard to the organization of the coast defenses, machine-gun detachments, establishments of the Medical Department, remount depots, military trains, secret-service agencies, military pt·isons, lines of communications, supply depots, and other ad­juncts that may ba necessary for the prosecution of the war is broad and elastic and permits the organization of all the adjuncts or such of ~~~r: 0~S a~~:r Tfi£i~c~~~nmgJc1 ~~J~{ant at any time when war is immi-

(d) There is question as to the wisdom of the last provision of sec­tion 5. This provision did not appear in the original bill (S. 2518). It was stated by Senator ou Po~T that this provision was inserted bec:tuse it was thought wiser to leave the numbet· and rank of gen:eral officers and theit· personal aids to be determined by the ch·cumstances of the case when the emergency should arise and which could be arranged by presidential recommendation, subject to the judg-ment of Congress.

(e) Section 6 provides fot· the appointment by the President of the staff officers that will be necessary fot· the various Staff Corps and de­partments.

The act of 1898 did not provide any sta.ft' officers except for troops in the field. Within three months after the passage of the act there were eight dtll'erent acts authorizing increases In the Stair Corps and depart­ments by volunteer appointments. The act of March 2, 1899, specified a number of stair officers equal to 1 for each 175 enlisted men. The proposed law provides not to exceed the ratio of 1 staff officer for each 200 enlisted men. . ·

(f) Section 7 provides for the appointment by the President of all officers for the volunteer forces, and wisely requires that preference in their selection be given to those who have had military training and in­struction in the Regular Army, National Guard, Volunteer forces, or military schools.

(g) Section 8 makes provision fot· the filling of temporary vacancies in the Regular Army that may be caused by the appointment of regular officers to volunteer commissions.

This provision will prevent the depletion of officers in the Regular Army and provides for the filling of all temporary vacancies, whether caused by appointments to volunteer commissions or details to the Staff Corps and departments.

(h) Section 10 provides for the recruitment of aU organizations of the land forces.

'.rhis is one of the mo t important provisions of the proposed Jaw. Provision is made for the additional officers necessary for the efficient recruitment of all arms, corps, and departments ; depots fot· the enlist­ment and training of rect·ults nre to be established: tmnsfers of dis­abled officers and men may be made to these depots ft·om organizations in the field in exchange for able-bodied officers and men ft·om the depots. In this way the organizations in the field may be kept full of able· bodied fighting troops, while at the same time the services of partly disabled men may not be lost entirely to the Government. In other words, the proposed law permits the establishment of the depot lJat­talion system fot· all regiments of Regulat·s and Volunteers. •.rte last provision in se~Lion 10 authorizes the enlistment and training of J·e­cruits for National Guard organizations in the set·vice of the United States at the depots established for the training of recmits for the Re.gular Army and Volunteers.

(I) Section 11 provides for ihe employment of retired officers and enlisted men fot· recruiting duty.

This provision pre>ents the loss to the Govet·nment of the set·vices of men who may be capable of performin~ efficiently the duties at recruit­ing stations and depots, but who are not fit for service in the fiPld.

(j) The last provision in section 12 provides for the detail of one medical Inspector who is experlencl!d in sanitation · to each army, field army, and division, and fot· the base and lilies of communications.

(k) Se::tion 14 pt·ovides a fair and just method of eliminating the vicious and unfit officers. ·

(1) Other advantages of the proposed law may be stated ns follows: (1) It will enable plans to be formulated and put in workable shape,

so that Volunteers can be speedily organized at the outbreak of war. (2) It should prevent the payment of bounties. (3) It will do away with short-term set·vice with all its evils. ( 4) By procuring- the necessary number of men at the beginning of a

war for a long pet·iod drafting should not be necessary. (5) The law should contribute toward tbe sav in~ of men and money

during the war and a decrease in the pension list thereafter. (6) No appropriation of money is involved in the proposed Jaw.

IIISTORY OF THE rr.OPOSED _LEGISLATIO::'<'.

13. In the Fifty-ninth Congress the War Department recommended legislation for providing volunteer forces in time of war, and pr('pared a bill which was introduced intn both Houses on the same day, Febru­ary 18. 1907.

In the Sixtieth and Sixty-first Congresse-s similat· bills were intro­duced into both Houses. Later, in the Sixty-first Congress, n bill (S. 4003) was introduced wblch contained modifications of the previous bills. All these bills were r ead and referred to committees, but no further action taken, not because there was opposition, but because the pressure of other bu iness prevented thcit• consideration.

14. At the request of the War Departme!lt, in t1Je Sixty-seconct Con­gress. Senate bill 312 was introduced, which was identical with , 'enate bill 4003 of the previous Congress. This bill contnined a number of provisions which did not meet with the approval of the Senate com­mittee, ::-..nd. after conference with representatives of the War Depart­ment, another bill (S. 2518) was prepared and introdncecl 1\Iay 25,

·1911. After bearings on S. 2518 as originally prepared, th('re were so many amendments that the bill was practically recast in the form in w4ich it now appear . By unanimous yote of the committee this bill was ordered to be favorab ly reported to the Senate. It was intro­duced again the Senate in the Sixty-third Congress, first session, April !:1, 1913. It is now S. 542 . H. R. 7138, which is practically the ame as S. 542, was introduced into the House Jul y 28, 1913.

• * RECO:.lME~DATION .

That steps be taken to bring about the passage of the Hou e bill as corrected, except that for section 4 there be substituted section 4 of the Senate bill.

IT. LIGGETT,

JNO. E. MCUAHO~, Lieutenant Colonel, Geneml Staff,

Acting Chief of lVar College Division.

Brigadier General, United States A..rmv. The PRESIDING OFFICER (1\fr. HITCHCOCK in the chair) .

The bill will be read for action on the amendments of the committee.

The Secretary proceeded to read the bill. The first amendment of the Committee on Military Affairs

was, in section 1, page 1, line 4, after the word "militia," to insert "while in the service of the United States," so as to make the section read :

That the land forces of the United States shall consist of tlle Regu­lar At·my, the organized land militia while in the service of the UniteJ States, and such volunteer force as Congress may authorize.

The ame·ndment was agreed to. The next amendment was, in section 2, page 1, line 11, after

the word "Pro1;ided," to strike out "That all enlistments in the v-olunteer forces shall be for a period terminating with the war or, if war shall not occur, with the passing of the imminence ofl war," and insert " That the term of enlistment 'in the volunteer

1914. CONGRESSIONAL RECO.RD-SENATE. 6!JU5. forces shall be the same as that for the Regular Army, exclusive of reserye periods," so as to make the section read : . SEc. 2. That the volunteer forces shall be raised, organized, and

ma intained, as in this act provided, only during the existence of war or while war is imminent, and only after Congress shall have authorized the }:'resident to raise such a force : Pro-u·ided, That the term of enlist­ment in the volunteer forces shall be the same as that for the Regular Army, exclusive of reserve periods, and all officers and enlisted men composing such volunteer forces shall be mustered out of the service of the United States as soon as practicable after the President shall have issued a proclamation announcing the termination of the war or the pass ing of the i?Jminence thereof.

The amendment was agreed to. The next amendment was, in section 3, page 2, line 22, after

the words "Pro1iided fttrther," to insert "That when three­fourths of the prescribed minimum enlisted strength of any com­pany, troop, or battery, . or when three-fourths of the prescribed minimum enlisted strength of each company, troop, or battery, comprised in a battalion, regiment, brigade, or division of any State, Territory, or the· District of Columbia, organized as pre­scribed by law and War Department regulations, shall volunteer for ·ervice i.!l the Volm:teer Army as such company, ·troop, bat­tery, battalion, regiment, brigade, or division, such organization shall hale the right to be recei1ed into the volunteer forces in advance of the raising of other organizations of the same arm or class, and the officers in service with such organizations may then be appointed by the President, by and with the advice and consent of the Senate, as officers of corresponding grades in the Volunteer Army and be assigned to the same grades in the said organizations," so as to make the section read :

SEc. 3. That when volunteer forces are to be raised the President shall issue his proclamation, stating the number. of men desired for each arm, corps, and department, within such limits as may be fixed by law, and he shall prescribe such rules and regulations, not incon­sis tent with the t erms of this act, as may be necessary for the purpose of examining, organizing, and receiving into the service the men called tor: P1·ovided, That the power to organize volunteer forces shall include the power to provide, within such limits as are or may be prescribed by law, the officers and enlisted men of all grades and classes, and the trained nurses, male and female, that may be necessary in the various arms. corps, and departments: Provided further, That when three­fourths of the prescribed minimum enlisted strength of any company, troop, or battery, or· when three-fourths of the prescribed minimum enlisted strength of each company, troop, or battery, comprised in a battalion, regiment, brigade, or .division of any State, Territory, or the District of Columbia, organized as prescribed by law and War Depart­ment regulations, shall volunteer for service in the Volunteer Army as such company, troop, battery, battalion, regiment, brigade, or division, such organization ·shall have the right to be received into the volunteer forces in advance of the raising of other organizations of the same arm

· or class, nnd the officers in service with such organizations may then be appointed by the President, by and with the advice and consent of the Senate, as officers of corresponding grades in the Volunteer Army and be aRsigned to the same grades in the said organizations: Provided f tlrther, That all enlisted men received into the service in the volunteer forces shall, as far as practicable, be taken fl•om the. several States and Territories and the District of Columbia in proportion to the respective populations thereof: Provided further, 'l'hat when the raising of a volunteer force shall have been authorized by Congress, and after the organized land militia of any arm or class shall have been called into the military service of the United States, volunteers of that particular arm or class may be raised and accepted into said service in accord­ance with the terms of this act regardless of the extent to which other arms or classes of said militia shall have been called into said service.

The amendment ~as agreed to. The next amendment was, in section 4, page 4, line 9, after

the word " respect," to strike out " to promotion or," so as to make the section read: ·

SEc. 4. That the volunteer forces shall be subject to the laws, orders, and regulations governing the Regular Army in so far as such laws, orders, and regulations are applicable to officet·s or enlisted men whose permanent retention in the miitary service, either on the active list or on the retired list, is not contemplated by existing law; and no dis­tinction shall be made between the Regular Army, the Organized Militia while in the military service of the United States, and the Volunteer forces in respect to the conferring upon officers or enlisted men of brevet rank medals of honor, certificates of merit, or other rewards for distinguished service, nor in respect to the eligibility of any officer of said Army, militia, or volunteer forces for service upon any court-martial, court of inquiry, or military commission : Provided, That the organization of all units of the line and of the signal troops of the volunteer forces shall be the same as that prescribed by law and regulations fot· the corresponding units of the Regular Army : Provided further, '.rhat when military conditions so require the Presi­dent may organize the land forces of the United States into brigades and divisions and such higher units as he may deem necessary, and the composition of units higher than the regiment shall be as he may pre­scribe: P1·o·videcl further, That to each regiment of Infantry, Cavalry, and Artillery, and to each battalion of Engineers and Signal Corps troops organized under this act, there shall be attached the same per­sonnel of the Medical Department as are attached to like organizations of the Regular Army: Prol/ided furthet·, That t,he organization of the coast defenRes, of machine-gun detachments, establishments of the :Medical Department, remount depots, military trains, secret-service agencies, military prisons, lines of communication, including their sup­ply depots, and of other adjuncts that may be necessary in the prose­cution of war, and the organization of which is not otherwise pro­vided for by law, shall be as the President may from time to time direct.

The amendment was agreed to. The next amendment WSI.S, in section 6, page 6, line 14, after

the words "Provided further," to strike out "That the number

of -volunteer staff officers appointed in any grade in the various staff corps and departments shall not exceed in any staff corps or department the proportionate strength of regular officers of the corresponding grade as established by law for the corre­sponding staff corps or department of the Regular Army," and insert "That the whole. number of volunteer staff officers ap­pointed in any grade for all staff corps and departments shall not exceed the proportionate strength of regular officers of the corresponding grade as established by law for all staff corps and departments of the Regular Army," so as to make the sec­tion read:

SEC. 6. That to provide the staff officers that will be necessary in the various staff corps and departments in time of war or while war is imminent, and that are not otherwise provided for in this act, the President" is authorized to appoint, by and with the advice and consent of the Senate, such number of volunteer staff officers of grades author­ized by 1aw for the Regular Army as be may find necessary for such corps and departments: Provided, That the total number of such staff officers so appointed, including all such officers of the Organized Militia called into the military service of the United States, shall not exceed the ratio of 1 officer to 200 enlisted men for all militia and volunteer forces called into the military service of the United States: Provideci ft~rther, That the whole number of volunteer staff officers appointe<! in any gmde for all staff corps and departments shall not exceed the propor­tionate strength of regular officers of the corresponding grade as es­tablished by law for all staff corps and departments of the Regular Army : Provided fttrther, That the President may appoint, by and with the advice and consent of the Senate, volunteer chaplains at t he rate of 1 for each regiment of Volunteer Infantry, Cavalry, and Field Artil­lery, and 1 for every 12 companies of Volunteer Coast Artillery raised, with rank corresponding to that established by law for chaplains in the Regular Army.

The amendment was agreed to. The next amendment was, in section 8, pnge 9, line 3, after

the word "law," to insert: Provided, That in the staff corps and departments subject to the

provisions of sections 26 and 27 of the act of Congress approved Febru­ary 2, 1901, and acts amendatory thereof, temporary vacancies that can not be filled by temporary promotions, as hereinbefore prescribed, shall be filled by temporary details made in the manner prescribed in said sections 26 and 27 and acts amendatory thereof, and the re ulting temporary vacancies in the branches of the Army from which the de­tails are so made shall be filled as hereinbefore in this section pre­scribed.

So as to make the section read : SEC. 8. That the temporary vacancies created in any grade not above

that of colonel among the commissioned personnel of any arm, stall: corps, or department of the Regular Army, through appointments of. officers thereof to higher volunteer rank, shall be filled by temp ;>r ary promotions, according to seniority in rank of officers holding commis­sions in the next lower grade in said arm, staff corps, or department; and all t emporary vacancies created in any grade by temporary promo· tions shall in like manner be filled from, and thus c1:eate temporary vacancies in, the next lower grade; and the vacancies that remain thereafter in said arm, staff corps, or department, that can not be filled by temporary promotions, as prescribed in this section, may be filled by the temporary appointment of officers of such number and grade or grades as shall maintain said arm, corps, or department at the full commissioned strength authorized by law: Provided, That in the staff corps and departments subject to the provisions of sections 26 and 27 of the act of Congress approved February 2, 1901, and acts amendatory thereof, temporary vacancies that can not be fill ed by tem­porary promotions, as hereinbefore prescribed, shall be tilled by tem­porary details made in the manner prescribed in said sections 26 and 27 and acts amendatory thereof, and the resulting temporary vacancies in the branches of the Army from which the details axe so made shall be filled as hereinbefore in this section prescribed: Provided, That offi­cers temporarily promoted or appointed under the terms of this section shall be so promoted or appointed by the President, by ,and with the advice and consent of the Senate, for terms that shall not extend beyond the termination of the war or, if war shall not occur, beyond the passing of the imminence thereof, as defined by the President's proclamation, and upon the expiration of said terms said officers shall be discharged from the positions held by them under their temporary promotions or appointments : Provided fttrtltel·, Tbat officers tem­porarily promoted under the provisions of this section shall not vacate theh· permanent commissions, nor shall they ' be prejudiced in their llileal or relative standing in the Regular Army under permanent commissions, by reason of their services under t emporary commissions authorized lly this section.

The amendment was agreed to. The next amendment was, on page 13, after line 11, to· insert

a new section, as follows : SEC. 14. That the commander of a division or higher military unit

is authorized to appoint, from time to time, military boards of not less than three nor more than five officers of the voluntee1· forces to examine into the capacity, qualifications, conduct, and etliclency of any commissioned officer of said forces within his command : Pmv i rl ect, That each member of tbe board shall be superior in I'ank to tbe officer whose qualifications are to be inquired into: P t·ovided tm·ther, That rf the report of such board is adverse to the continuance of any officer, and if the report be approved by the President, such officer sha ll be discharged from service in tbe volunteer forces, at the discretion of the President, with one month's pay and allowances.

The amendment was agreed to. The next amendment was, on page 14, line 1, after the word

" Sec.," to str·ike out " 14 " and insert " 15." The amendment was agreed to. The bill -was reported to the Senate as amended, and the

amendments were concurred in. The amendments were ordered to be engrossed, and the bill

to be read a third time. The bill was read the third time, and passed.

6906 CONGRESSIONAL. RECORD-SENATE, APRIL 20,

~fr. McCUMBER. Mr. President, as th.ere are only abo'tlt three minutes remaining before 2 o"clock, wben the tm:finished business wru came 1JlY, ann :I presn·me- no- other matter could be considered in that tfme, I ask unaninrons. consent that the .unfinished business may be now laid before the Senate.

The PRESIDING OFFICER. Is there ·o·bjection? The Chair hears none, and it is sa ordered.

1\fr-. S]400T. I suggest the- absence ot a quorum. The PRESIDING OFFICER. The· Secretary will eall the

roll. The Secretary called the roll, and the following Senators an·

swered to their names : Borah Hitchcack Norris Brandegee Hollis Ol:iver Bristow HugheS" Page: Catron James Perkins-Chamberlain Jollnson Potncle::dt!T Chilton Kern Fomerenc Clapp Lea, Tenn. Reed Clark, Wyo. Lee, l't!d-. Robinson Co-It Lewis SanJsbury Cummins LJpJ}itt Shafroth Dillingham McCumber Sheppard duPont Martine, N.J. Sherman Gallinger Nelson Shields

Simmons Smith, Mich. Smith, S.C. Smoot Sterling Till'man Townsend Walsh Warren. West Will1ams Works

The PRESIDING OFFICER. F'Ifty·one Senators have an· swered to their names. A quorum of the Senate is present. The Senator from Minnesota will proceed.

Mr. REED. Will the Senator from Minnesota yield to me merely to enter a motion?

Mr. NELSON. I yteld for that purposa Mr. REED. I shall not ask to have it considered, but by

mo.1.""ing the motion I merely wish to save the right, in order that I may be permitted to examine the bill which passed a few moments ago when I happened to be out of the Chamber. I may find the bill entirely satisfactory to me, but thet·e 1s a clause in it upon which I want to secure some further- light. I happened to be out a. moment ago attending, in company with some other gentlemen, the architect of this building in making an examination with reference to some work that has been assigned to a subcommittee.

I move to reconsider the vote by which House bill 7138 wa.s passed. I ask that the motion may lie on tlle table, to be called up hereafter.

The PRESIDING OFFICER. The Senator from M·J2somri enters a motion to reconsider the vote by which House bill 7138 was passed. The motion to reconsider will be entered.

Mr. REED. I presmne the motion will carry with it what I am about to request, that the bill be withheld and not sent to the other Honse.

The PRESIDING OFFICER. That will be the effect of the motion so entered.

INSPECTION AND G~ADING OF GRAIN.

The Senate, as in Committee of the Whole, resumed the con­sideration of the bill ( S. 120) to pro-vide for the inspection and grading of grain entering into inte1·state commerce, and to se~ cure uniformity in standards and classification of grain, and for other purposes.

1\Ir. NELS()N. Mr. President, I desire to call the attention of the Senate to the following portions of the report of the North Dakota commiss1on which I heretofore omitted:

After having made a thorough and exhaustive Investigation ot the present method ot handllng grain at the terminals of bath Minneapolis and Duluth we have t·eached the following conclusion: .

That the only proper and profitable way for the people of our State to handle thel~ grain is by establishing State warehouses at Minne­apolis and Duluth or Superior and possibly at points within our State. Our reasons for this conclusion is that our wheat being acknowledged the best in the United States ls much sought after by millers every· wherl}] and if 1t was handled by our own terminal houses under- our own o::;tute inspection, thoroughly cleaned, and conditioned-

That means put through a grain hospital-thorou.~hly cleaned and conditioned and, when Shipped out either in car or boat accompanied by our North Dakota certificate of inspection, it would not lose its identity and would command a premium anywhere from 5 to 8 cents per bushel more than we are now getting for it.

Now, I want to call your attention to the- fact that the farmers do not clean their wheat and do not condition it before they ship it. They sell their wheat, and have done so for years, to the local country elevators, and they ship it to the terminal elevators just as it comes from the thrashing machine, with all the foul seeds that are in it, with all the dirt, and often· times damp and bleached. If the grain is bleached or. dam· aged from having stood in the stack too long where they indulge in shock thrasbing, of course the grain coming in that condition will not g:mde as high as it would by the other system, by having it cleaned, scoured, and the seed taken out of it.

Now, this is what the commissioners fnrther say: and if it was handled by our own terminal houses under our own State inspection, thor{)tighly cleaned and conditioned and, when shipped out either in car or boat, aceompanied by our- North Dakota certificate ot inspection. it would not lose i~ identity, nnd would command a premium anywhere from 5 to 8 cents per bushel more than we are now getting for it.

Now, there are two things they insist upon here. One is that the State build its own warehouses at the terminal points. In the next place, they recommend what has never been done heretofore anywhere, and that is, that the wheat before it is sold be creaned and "conditioned,'p as they call it. The term ''condition" is a technical term that they have in the grain trade. It means improving the grain, putting it in a sh~pe where it is marketable. To can.·y out this scheme the farmer would have to ship his wheat to a terminal elevator for treatment and cure, before sale, otherwise he conld not get any benefit from the scheme. If he sold his wheat at the local elevator, it would be the purchaser-the middleman~

·who would get the benefit ot the renovating process.

I quote fnrthe.r : We have been a:dvlsed by eastern millers that they would be glad to

p:xy the above p-remium tor our North Dakota wheat if they could get it in its purity. By the establishment of State warehouses or terminals our people could save to themselves not only this premium, amounting to about $"3,400,000, but also the dockage, which has a value ot about :ji1,350,000-

I do not know how they get theii' figures-on whea.t and flax each year. Also commissions and other charges amEmnting to about $750',000 p{!r year. There is another item of loss that should be taken into consideration ; that is, the loss on weights, whieh is of frequent occurrence and hard to estimate, but no doubt ls quite ln.rge. Under the present methods-

! call your attention to this-in a gl'eat mruiY cases oul." wheat loses a grade nnd in some instances two grades at the Minnesota terminals by reason of the dockage it contains. By having onr own termin..'\ls to conditlon-

Tllllt means their warehouses­this wheat we could save these grades.

In otller words, if North Dakota would haYe its terminal warehouses there, that would . clean and fan and condition and scour and dry unci improve the wheat in that way, they could get more tor it and get a higher grade. There is no doubt of tbat. But the trouble is the farmers sell their gra.in at the local elevators before the renovating process takes place at the terminals.

This, you understand-The report further adds-

does not take into consideration the loss our farmers sustain at tho loeal end of the business.

That is at home. For the past five years oUJ: State bas sWpp-ed on an ayerage of

60,000.000 busbels of wheat and 13.000,000 bushels of fi.ax, which at 2~ cents per bushel profit to the local elevators-

That is what they charge-would amount to $1,825,000 each year. And in &dditlon to tllis must be taken into account the short weights, overdocka~e. and nnder grading done by many local elevators, of which our farmers so grievously complain. Tbere is no doubt tbat the farmers sustain a very heavy loss from these causes. We believe more than , 1,000,000 each year.

The farmers of North Dakota., like our farmers in 1\iinnesot..'t in the olden times, before we put our country elevators under strict State regulation, no doubt suffer from these local elevator men. The North Dakota farmers have, in my opinion, suffered the most from their local elevators.

We remedied that trouble in Minnesota by establishing a rigid State inspection law and pntting country elevators under State control. In the next place, in Minnesota, a large number of farmers' elevators have sprung up all over the State. The farmers form themselves into associations a good deal as they have done in the creamery business, and the result is that farm· ers' elevators a1·e established and run at mnny of the railroad stations.

I wish to read a little f-urther from this report: This loss to our gra1n growers would build or buy fully equipped

1,000 local elevators, and provide a terminal house with a storage capacity of 5,000,000 bushels each at Minneapolis and Duluth or Superior. Among-

Now, listen to thls : Among the many other good reasons why this system would be of

great benefit to our grain growers ts that i! for any cause at any tlme throughout the y~r th9 price was low, and the grower did not wish to sell his ~nin and needed money to take care of hls current ~xpense . he could ship his grain to our ~tate terminal and store It at the actual cost of the storage£ and rec2lve our State storage certlfica.te, which he could use as securi y for loans at a very reasonable rate of interest. As there ts no better Recurity olfered than warehouse re· ceipts, especially when theY' are issued by 1;he State, money can be had at times as low as 3 pel: cent and as high as 90 per cen.t of the value.

1914. CONGRESSIONAL RECORD-SENATE. 6907 Now, I call your attention to the peculiarity of this report.

First, the relief they suggest is building terminal elevators for the purpose of keeping the North Dakota wheat by itself. In the next place, they favor it because they could then clean and condition their wheat, as they call it, by having their own terminals put it in good shape for marketing. Of course, if they clean their wheat thoroughly and condition it properly, they can always find a good market among the millers.

But in connection with this is the idea to loan money on these warehouse receipts. The warehouse receipts issued by the terminal elevators in Minnesota are good. They are trans­·ferred like a promissory note, payable to order, and anyone who desires money can borrow it on those receipts at reasonable rates. They are regarded as first-class security. Whether the North Dakota farmers could ever borrow money on their wheat receipts for as low a rate of interest as 3 per cent I do not know. · It may be possible, but not very likely.

The foregoing are the chief recommendations of the North Dakota commissioners who sat with our board of grain appeals under the legislative acts quoted.

The commissioners further say : Drawing om· conclusions from our observations, experience, and labor

since receiving the appointments of State grain commissioners, we be­lieve our State legislators will make no mistake if they provide for a continuance of the office of State grain commissioners-

That is what they were called-until such time as the State shall have its own terminals. We believe the duty of the commission in connection with its duties on the appeal board would be to maintain a bureau of information and investigation where the shippers of our State could report and have investigated all cases of irregularities in the matter of grades, weights, dockage, etc. We would recommend that one of the commissioners be located at Minneapolis, the other at Duluth.

It is evident that the commissioners were anxious to continue in office.

I will not read any more from the report. I will only say that none of these recommendations were adopted. The North Dakota people did not provide for terminal elevators, and I believe they did not because they had no constitutional right to do it; they could not appropriate any money for that purpose. They did not provide for building terminal elevators at Minne­apolis or Duluth, and they did not provide for the continuance of these two men in office for another year. If anyone will read this report in its entirety, he will come to the conclusion that these men found little of importance to criticize in our own system.

There is one thing which has struck me here. If anyone will examine the laws and regulations for maintaining our grain­inspection system in Minnesota he must come to the conclusion that it is as good a code of law and as good a code of regula­tions as could possibly be made on this subject. If there is any vice in the system it comes through the imperfection of poor humanity. It comes from the fact that the people who execute the law are either not competent or not honest. So far as that imputation is concerned, I want to say to the Sen­ator from North Dakota that the members of the Minnesota grain-inspection service are . as honest and upright and com­petent as are any of the officials or officeholders of North Dakota or of the Federal Government. If there is any branch of our public service in Minnesota that we pride ourselves upon it is the grain-inspection service, because it is the only service in ·which we have a permanency in the holding of the office. Men who become members of that force stay on it if they prove themselves competent. If they are incompetent they are discharged. We have never .made it a party question. I have in my time occasionally recommended to the Railroad and Warehouse Commission men for appointment in the gi;ain­inspection service and I have never recommended anyone but farmers or the sons of farmers. I have never known the warehouse commission to appoint new, fresh men to anything higher tha,n what we call a helper. They do not make .him an inspector; they do not even make him a weigher till he has shown his fitness and ability.

Now, what is a helper? A helper is a man who assists the sampler or the weigher. We have in the service what we call samplers, who go and open the cars and take the number of the seals and take out samples. These helpers go and assist them in that work; they help them to open the cars; they help them to take samples; and they get acquainted with the service. If they prove themselves efficient they are by and by promoted and made assistant deputy inspectors or assistant weighers.

In other words, our grain-inspection service is divided into two head classes. One we call the grain-inspection department and the other is the weighing department. I have heard little complaint about any dishonesty among the officials of the grain sP,rvice. The complaints in years past have been chiefly against

the local elevators-the men who run elevators or grain houses at the railway stations. These were the men the farmers dealt with directly, and if they were dishonest and unfair the farmers always suffered, for there is where the farmer sold or stored his grain. If he was hard up and wanted the cash immediately, when he got to the elevator he would sell it and take the cash. If he did not need the cash immediQ.tely and had an idea that wheat would go ap in price, that there would ba a rise, he would take a storage ticket. The ticket would describe the number of bushels, the grade, and the dockage, and the storage charge.

Now, our law regulates the storage charges. These ele>ators can not charge exorbitant prices. The first 15 days after the grain goes in the elevator the charge is the highest; after that it is lower; and if a man wants what they call winter storage-storage from in the fall to spring-for his grain, the total storage is only 4 cents a bushel. We have the same rule as to storage in terminal elevators; in fact, we have guarded the matter at all points possible by legislation.

Outside of the line elevators, which belong to terminal eleva­tors, all the grain that is shipped either directly by the farmer himself, or by independent elevators, or by farmers' elevators, is shipped to commission merchants for sale by them.

Years ago some of these commission merchants advertised conspicuously and extensively in the agricultural papers as equity exchanges, farmers' commission houses, and by various other names, to attract the farmers, but in some instances our farmers got badly bitten by those commission houses. In some instances they cheated them in two ways: They would do it in a small way, in a homeopathic way, by falsely reporting the sales; they would sell wheat at a certain price at a given time; then they would report that sale to the customers, and not give the exact figures of the sale. In other words, they would report the sale for a little less in price, sometimes lower in· grade, and sometimes more in dockage than the facts of the case warranted. Then, there were instances where those com­mission merchants failed, where they went into bankruptcy, and the farmers who had intrusted their grain to them lost it all.

I refer to these commission men for this reason: The Legisla­ture of Minnesota passed a law requiring these commission merchants to take out a license and to give bonds-bonds in proportion to their business. Such bond could never be less than $·5,000, and it might be as much more as the character of the business demanded. The great importance of regulating these commission houses by a license system and a bonding system is this: That the proceeds of the sales will be safe; moreover, the independent elevators and the farmers' elevators have not always the money with which to pay for the wheat; they rely on the commission men to advance them the money. I know in my part of the State-and I live in one of the best agricultural portions of Minnesota-the independent coun­try elevators and the farmers' elevators go into business with­out much, if any, capital. Sometimes the farmers raise a little money to start with, but as a rule they form a con­nection with a commission house at Duluth or Minneapolis, and that commission house advances them the money with which they buy the wheat, and that places them at the mercy of the commission house. So you can see, 1\Ir. President, how important it is to regulate these commission men.

Although our grain-inspection system in Minnesota-and I say it without intending to reflect on any other system­is one of the best regulated and best planned in the entire country, yet I recognize the fact that. owing to human im­perfections, here and there we may find a man who may not be faithful to his trust; but does anybody here or elsewhere imagine that the Federal Government, under the civil-service law, can get a better, a more efficient, and a more honest lot of officials than we have succeeded in getting under our system iii Minnesota, which we ha>e been upward of 28 or 29 years in establishing? I do not think that men become angels all at once and more perfect because they wear the garb of Uncle Sam's service. I think our State officials, as a rule, are apt to be as honest and reliable as are those who wear Uncle Sam's colors.

I want now to call the attention of Senators to another fact. An idea seems to prevail that it is an easy thing to establish grades for wheat; that it is like establishing grades for corn, merely making two or three classes, such as white corn, ye11ow corn, and mixed corn. But when you come to wheat, taking into account the diversity of our soil, of our climate, and all the other conditions, you will find, as I will point out to you, that we shall require at least a dozen different classes of grades in this country. I want to call attention on this point to a part of the hearings on one of these bills. I think it was not this bill,

"6908 CONGRESSIONAL RECORD-SENATE. APRI~ 20,

but on a prior bill having the same purpose. They are the hear­ings before the subcommittee on Agriculture and Forestry of the United States Senate, second session, Sixty-second Congress. I want to read from the testimony of Mr. E. H. Culver, of Toledo, Ohio, president of the Association of Inspectors, a most interesting statement. I refer to it because it relates to the matter of standardizing grades. Our people are not opposed to standardizing grades; thnt is, to letting the Federal Govern­ment establish the standards, but leaving the States to carry on the inspection service and comply with the standards; but when I rend this testimony to Senators, they wlll see bow difficult it will be for the Agriculture Department here to establish stand­al·ds owing to the diversified character of our wheat crop. You can ~ot make n grade that will be continuous from year to year, but you must make a grade each year to fit the crop of that year, and grades that will fit the various sections of the country. Here is Mr. Culver's statement:

Mr. CuLvER The real movement to standardize grades originated ln the chief inspectors' organization 15 years ago, at the Beach Hotel, Chlcago. Mr. Hubert Price was the gentleman who made the first sug­gestion at Chicago-the chief inspector of the State of lllinots. We followed along down and built standard samples in Chieago, In St. Louis, ln Kansas City and at difl'erent places, but the grain at that time was so diversified in character that It was almost impossible to standardize the grades of grain of the country. For Instance, we bad in MichiJ!:an what is known as the Lancaster semibard, soft wheat. We had fn the States of Illinois and Missouri amber wheat. We had in Indiana, Ohio, Kentucky, Tennessee. and Pennsylvania what 1s known as the Mediterranean wheat. We bad ln Kansas City-and which bad been introduced a few years prior to that-what is known as the Turkey hard wheat.

Turkey red. I think they call it. Now, listen to this: We went into this deal to straighten up and see lf we could not

make two bard wheats and two soft wheats the standard grades of the country, and it took us six years to complle the information. which brought us up to 1902 In Peoria. We showed the first samples at the Peoria meeting of the Grain Dealers' National Association. Mr. Foebring, then president of the Chief Inspectors National Association, as chairman of the grades committee, bad the inspectors of 37 different markets compile their standard samples and bring to that meetin'g, .At that meeting Prof. Holden. a college from Minnesota. and a college from Champaign reviewed those sa.mples and standards. In the winter of 1902 we met at Ph1ladelpbia and drew up rules to govern the grade of grain and submitted them to the Grain Dealers' National Association and the different exchanges for their adoption. The wheat was so dlverslfied that it was utterly lmp()ssible at that time to bring about the resnlt that we tried to obtain. The consequence was that we went along down then until the first congress of grades was held In New York under Capt. John Foehring. The second grade congress was in Chicago the next year, and the congress of grades the following year. Then the Grain Dealers' National Association turned tbls matter over to the Chief Inspectors National Association and said, "Gentlemen, bring In your report."

That was in 1906 at the St. Louis meetinfl. The chief inspectors at our meeting adopted a rule, which 18 markets accepted withln less than a week, for 9:radlng the grain under the uniform phraseology of tbe Chief Inspectors' National Association and the Grain Dealers' National Association. ·

We found, after carefully experimenting, that our grades were not right. The moisture tester came in about that time, which was sup­pUed by the Agricultural Department, and we made what is ealled a six years' test of the avera9:e moisture and dirt in grain and corn and we found that we were not liberal enough so we changed those grades. raising the moisture to 19 per cent at Indianapolis and 10 per cent on bin-burnt grains-such as you people in Kentuckv object to now-and we have found that after the six years' avera.~te bas been reported that we have got down, in the Chief Inspectors' National Association. to a solld foundation upon whfcb we can work-and by the way, I would like for comparison to file here the uniform rules of the Grain Dealers' National Association in order to show the progress and study that the association is giving the matter in trying to 1 rtng about uniformity so that there would be no difference in the ~rrades of wheat in this country and there would be no complaint from the shippers and they can understand C.em. They are so simple that a chlld can understand them.

Senator GRO'NNA. Why is not wheat from Minnesota and the Dakotas included?

Mr. CULVER. The wheat in Minnesota and the Dakotas is included under grades, Senator GRONNA, but not as yet on the percentage basis. Your wild oats up there in certain years seem to thrive more luxuriantly than they do in any other years, and it Is a question of the seeds of the wild oats entirely to get that down to a fair percentage so as to treat all alike.

Senator GRONNA. I understand that the gentleman objected to ques­tions until be bad finished his statement.

Mr. CULVER. No, sir; that is all right. I can answer at any time. Our association of chlef lnspPctors bas experimented along the line of corn, wheat, and oats for the last 14, 15, or 16 years.

Mr. President, I shall not be able to finish my remarks befote the time fixed for the execution of the order of the Senate to proceed to the Hall of the House of Representatives to hear the address of the President of the United States, and so I yield the floor to the Senator from Indiana [Mr. KERN].

Mr. KERN. I suggest the absence of a qu.orum. The VICE PRESIDENT. The Secretary will call the roll. The Secretary called the roll, and the following Senators an-

swered to their names : Bankhead Chamberlain Cumm.ins Goff Brady Chllton D1llingham Gore Brandegee Clapp duPont IDtcheock Bryan Clark, Wyo. Fall Houts But· leigh Colt Fletcher Hugbes Cfitron Crawford Gallinger James

Johnson Nelson Saulsbury Thomas Jones Norris Shafrotb Thompson Kenyon O'Gorman Sheppard Thornton Kern Oliver Sherman -Tlllmnn La Follette Overman Shields Townsend Lane Owen Simmons Vardaman Lea, Tenn. Page Smith, Ga. Warren Lee, Md. Perkins Smith. Md. Weeks Lippitt Pittman Smith, Mich. West Lodge Pomerene Smith, S. C. Williams McCumber Ransdell Smoot Works McLean Reed Sterling Martin, Va. Robinson Sutherland Martine, N.J. Root Swanson

The VICE PRESIDENT. Seventy-seven Senators have an· swered to the roll call. There is a quorum present.

ADDRESS OF THE PRESIDENT-AFFAIBS IN MEXICO.

The VICE PRESIDENT (at 3 o'clock p. m.). The hour hav­ing arrived at which the Senate agreed by resolution to proceed to the Hall of the House of Representatives to hear the com­munication of the President of the United States, the Sergeant at Arms will execute the order of the Senate.

Thereupon the Senate, preceded by the Vice President, its Sergeant at Arms, and its Secretary, proceeded to the Hall of the House of Representatives.

The address of the President of the United States deUrered this day to both Houses of Congress is as follows :

ADDRESS OF THE PRESIDENT (H. DOC. NO. 910).

Gentlemen of the Congress, it is my duty to call your at­tention to a situation which has arisen in our dealings with Gen. Victoriano Huerta at Mexico City which calls for ac­tion, and to ask your advice and cooperation in acting upon it. On the 9th ot April a paymaster of the U. S. S. Dolphin landed at the Iturbide Bridge landing at Tampico with a whaleboat and boat's crew to take off certain supplies needed by his ship, and while engaged in loading the boat was arrested by an officer a.nd squad of men of the army of Ge.n. Huerta. Neither the paymaster nor anyone of the boat's crew was armed. Two of the men were in the boat when the arrest took place, and were obliged to leave it and submit to be taken into custody, notwithstanding the fact that the boat carried, both at her bow and at her stern, the flag of the United States. The officer who made the arrest was proceedi.ng up one of the streets of the town with his prisoners when met by an officer of higher authority, who ordered him to return to the landing and await orders; and within an hour and a half from the time of the arrest orders were received from the commander of the Huertista forces at Tampico for the release of the paymaster and his men. The release was followed by apologies from the commander and later by an expressio.n of regret by Gen. Huerta himself. Gen. Huerta urged that martial law obtained at the time at Tampico ; that orders had been issued that no one should be allowed to land at the Iturbide Bridge; and that our sailors had no right to land there. Our naval commanders at the port had not been notified of any such prohibition; and, even if they had been, the only justifiable course open to the local authorities would have been to request the paymaster and his crew to withdraw and to lodge a protest with the com­manding officer of the fleet. Admiral Mayo regarded the arrest as so serious an affront that he was not satisfied with the apologies offered, but demanded that the flag of the United States be saluted with special ceremony by the military com­mander of the port.

The incident ca.n not be regarded as a trivial one, especially· as two of the men arrested were taken from the boat itself­that is to say, from the territory of the United States-but had it stood by itself' it might have been attributed to the ignorance or arrogance of a single officer. Unfortunately, it was not an isolated case. A series of incidents have recently occurred which can not but create the impression that the representa­tives of Gen. Huerta were willing to go out of their way to show disregard for the dignity and rights of thts Government and felt perfectly safe in doing what they pleased, making free to show in many ways their irritation and contempt. A few days after ·the incident at Tampico an orderly ftom the U. S. S. Minnesota was arrested at Vera Cruz while ashore i.n uniform to obtain the ship's mall and was for a time thrown Into jaiL An official dispatch from this Government to its embassy at Mexico City was withheld by the authorities of the telegraphic service until peremptorily demanded by our charg(l d'affaires in person. So far as I can learn, such wrongs and annoyances have been suffered to occur only against representatives of the United States. I have beard of no complaints from other Gov­ernments of similar treatment. Subsequent explanations and formal apologies did not and could not alter the popular im­pression, which it is possible it had been the object of the Huertlsta authorities to create, that the Government of the United States was being singled out, and might be singled out

~ ... ..._..-:"'1!!<t. ,. .... _._., _,. .-.- "--- - .. -· .,. ..... -. "' "' · • •

1914. CONGRESSIONAL -RECORD--SENATE. '6909 with impunity, for slights and affronts in retaliation for Its refusal to recognize the pretensions of Gen. Huerta to be regarded as the constitutional provisional President of the Republic of Mexico.

The manifest danger of such a situation was that such offenses might grow from- bad to worse until something hap­pened of so gross and intolerable a sort as to lead directly and inevitably to armed conflict. It was necessary that the apolo­gies of Gen. Huerta and his representatives should go· much further; that they should be such as to attract the attention of the whole population to their significance and such as to im­press upon Gen. Huerta himself the necessity of seeing to it that no further occasion for explanations and professed regrets should arise. I therefore felt it my duty to sustain Admiral Mayo in the whole of his demand and to insist that the flag of the United States should be saluted in such a way as to indicate a new spirit and attitude on the part of the Huertistas. [Applause.]

Such a salute Gen. Huerta has refused, and I have come to ask your approval and support in the course I now purpose to pursue.

This Government can, I earnestly hope, in no circumstances be forced into war with the people of Mexico. Mexico is torn by civil strife. If we are to accept the tests of its own constitu­tion, it has no government. Gen. Huerta has set his power up in the City of Mexico, such as it is, without right and by methods for which there can be no justification. Only part of the country is under his controL If armed conflict should un­happily come as a result of his attitude of personal resentment toward this Government, we should be fighting only Gen. Huerta and those who adhere to him and give him their support, and our object would be only to restore to the people of the dis­tracted Republic the opportunity to set up again their own laws and their own Government. [Applause.]

But I earnestly hope that war is not now in question. I be­lieve that I speak for the American people when I say that we do not desire to control in any degree the affairs of oUT ffister -Republic. [Applause.] Our feeling for the people of Mexico is one of deep and genuine friendship, and everything that we ll.a ve so far done or refrained from doing has proceeded from our desire to help them, not to hinder or embarrass them. We would not wish even to exercise the good offices of friendship without their welcome and consent. The people of :Mexico are entitled to settle their own domestic affairs in their own way,

. and we sincerely desire to respect their right. The present situ­ation need have none of the grave implications of interference if we deal with it promptly, firmly, and wisely.

No doubt I could do what is necessary in the circumstances to enforce respect for our Government without recourse to the Con­gress and yet not exceed my constitutional powers as President, but I do not wish to act in a matter possibly of so grave conse­quence. except in close conference and cooperation with both the Senate and House. I therefore come to ask your approval that I should use the armed forces of the United States in such ways and to such an extent as may be necessary to obtain from Gen. Huerta and his adherents the fullest recognition of the rights and dignity of the United States [applause], even amidst the distressing conditions now unhappi1y obtaining in Mexico.

There can in what we do be no thought of aggression or of selfish aggrandizement. We seek to maintain the dignity and authority of the United States only because we wish always to keep our great influence unimpaired for the uses of liberty, both in the United States and wherever else it may be employed for the benefit of manh.-Jnd. [Loud and prolonged applause.]

EXECUTIVE SESSION.

The Senate returned to its Chamber at 3 o'clock and 20 min­utes p, m., and the Vice President resumed the chair.

1\fr. KERN. I move that the Senate proceed to the consid-eration of executive business. -' The motion was agreed to, and the Senate proceeded to the consideration of executive business. After 2 hours and 38 minutes spent in executive session the doors were reopened.

BE CESS.

1\fr. KERN. Mr. President, I move that the Senate take a recess until 9 o'clock to-night.

1\ir. McCUMBER. Mr. President, while the matter may not be debatable, I wish the Senator from Indiana would give us some assurance as to whether the recess is for the purpose

· of receiving a resolution which will probably come over from the House and then refen·ing it to the committee, or whether it is the purpose to go on and do legislative work upon that or any other subject after {) o,clock.

Mr. KERN. My impression is-and I give it only as an impression-that there will be little business done to-night

beyond referring to the committee the resolution tr.at comes from the Honse. Developments might occur between now and then that would change the situation, but I do not know of anything probable at this time.

The PRESIDING OFFICER (Mr. GOFF in the chair). The question is on the motion of the Senator from Intliana--

Mr. LIPPITT. Just a moment, Mr. Presid~t; I did not hear what the Senator said.

Mr. CUI\fl\HNS. Mr. President, I ask for order and that Senators be required to take their seats.

The PRESIDING OFFICER. The Senate will be in order. · Mr. KERN. I said that so far as I was advised at this

moment no business would be transacted beyond receiving the resolution that comes from the House and referring it to the committee. I further said that between now and 9 o'clock there might be developments of which I know nothing which would change that program, but I do not imagine they will occur.

Mr. LIPPITT. Do I understand the Senator to say that there will be no business transacted to-night, or what does he mean? . Mr. KERN. I stated as plainly as I could that my best Judgment is that no business will be transacted beyond receiv­ing the resolution that will come from the House and referring it to the Committee on Foreign Relations; but--

1\Ir. LIPPITT. What about 9 o'clock? I am asking {)nly for information. .

1\-Ir. KERN. The motion is to take a recess until 9 o'clock to-night.

1\Ir. LIPPITT. Then do I understund that the Senaror hopes to have the resolution discussed this evening?

Mr: KERN. I do not. I do not expect such a course, but .I shall not mak~ any pledge of that kind.

Mr. WILLIAMS. Mr. President, I wish to say that I not only hope but expect action upon the House resolution to-night. For one, I shall be very much disappointed unless the Senate does take action upon it to-night. The House will vote upon the House resolution at half past 8, and it will be over here by 9; and if we take a recess until 9 o'clock the committee cfill be sitting and considering th~ resolution while the Senate is in ses­sion for a short while.

Mr. SIMMONS. Mr. President, I wish to ask the Senator from Mississippi a question. If the committee should be able to report the r~solution within a reasonable time to-night, after it comes over from the House, does he not think we ought to insist upon a vote to-night upon the· resolution?

Mr. WU..LIAMS. I am of the opinion that we ought to take a vote to-night. This is a t.hing which-

If it were done what 'tis done, tben 'twere well It were done quickly.

1\lr. LEWIS. But not rashly. Mr. WILLIAMS. I hope and expect we shall vote to-night. Mr. GALLINGER. Provided it is done right. Mr. LIPPITT. I do not know exactly wh.at the Senator

means by taking a vote to-night. Certainly the resolution will be subject to discussion. I am quite sure there will be a pretty: long discussion upon it.

Mr. WILLIAMS. I am not. Mr. JAMES. 1\Ir. President, I ask for the regular order. The PRESIDING OFFICER. The question is on the motion

of the Senator from Indiana that the Senate take a recess until 9 o'clock to-night.

The motion was agreed to; and (at 6 o'clock and 5 minutes p. m.) the Senate took a recess until 9 o'clock p. m.

EVENING SESSION. The Senate reassembled at 9 o'clock p. m., on the expiration

of the recess. Mr. JAMES. Mr. President, I suggest the absence of .a:

quorum. The VICE PRESIDENT. The Secretary will call the rolL The Secretary called the roll, and the following Senators an-.

swered to their names: Ashurst Fn.ll Bankhead Fletcher Brady Gallinger Bra.ndegee Hollis Bristow Hughes Bryan James Burleigh Jones Catron Kenyon Chilton Kern Clapp Lane Clark, Wyo. Lea, Tenn. Colt Lee, lUd. Crawford Lewis Cum.mins Lippitt Dillingham Lodge

McCumber . Martin, Va. Martine, N.J. Nelson O'Gorm:m Oliver Owen Page Pittman Pomel'ene Reed Robinson Root Saulsbury Sheppard

Sll~rmnn Shively Simmons Sm1tb, Mich. Smith, S.C. Sterling Swanson Tb<>mpson Thornton Townsend Vardaman Walsh Warren Williams

6910 CONGRESSIONAL RECORD-HOUSE. APRIL 20,

Mr. SHEPPARD. I desire to announce the necessary ab­sence of my colleague, the senior Senator from Texas [Mr. CULBERSON]. He has a general pair with the Senator from Delaware [Mr. DUPONT].

Mr. REED. 1\Iy colleague [Mr. STONE] is detained from the Senate by illness.

The VICE PRESIDENT. Fifty-nine Senators have answered to the roll call. There is a quorum present.

RECESS. 1\Ir. SHIVELY (at 9 o'clock and 8 minutes p. m.). I move

that the SeRate take a recess until 9.45 p. m. The motion was agreed to; and on the expiration of the

recess (at 9 o'clock and 45 minutes p. m.) the Senate reas­sembled.

MESSAGE FROM THE HOUSE. A message from the House of Representatives, by J. C. South,

its Chief Clerk, announced that the House had passed a joint resolution (H. J. Res. 251) justifying the employment by the President of armed forces of the United States in enforcing certain demands made upon Victoriano Huerta, in which it requested the concurrence of the Senate.

CALLING OF THE ROLL. Mr. JAMES. 1\Ir. President, I suggest the absence o! a

quorum. The VICE PRESIDENT. The Secretary will call the roll. The Secretary called the roll, and the following Senators an­

swered to their names : Ashurst Gallinger Bankhead Hollis Brady Hughes Brandegee James Bristow Jones Bryan Kenyon Burleigh Kern Catron La Follette Chilton Lane Clapp Lea, Tenn. Clark, Wyo. Lee, Md. Colt Lodge Crawford McCumber Cummins Martin, Va. Dillingham Martine, N. J. Fletcher Nelson

Mr. REED. My colleague Senate by illness.

New lands O'Gorman Oliver Overman Owen Page Pittman Pomerene Reed Robinson Root Saulsbury Shafrotb Sheppard Sherman Shively

[Mr. STONE]

Simmons Smith, Ga. Smith, Mich. Smith, S.C. Sterling Swanson Thomas Thompson Thornton Townsend Vardaman Walsh Weeks West Williams

is detained from the

The VICE PRESIDENT. Sixty-three Senators have answered to the roll call. There is a quorum present.

AFFAIRS IN MEXICO. The VICE PRESIDE~-rrr. The Chair lays before the Senate

a joint resolution from the House of Representatives. Mr. GALLINGER. Let it be read. The VICE PRESIDENT. The joint resolution will be read

at length. · The joint resolution (H. J. Res. 251), justifying the employ­

ment by the President of armed forces of the United States in enforcing certain demands ·made upon Victoriano Huerta, was read the first time at length, as follows :

Resolved by the Senate, etc., That the President of the United States is justified in the employment of armed forces of the United States to enforce the demands made upon Yictoriano Huerta for unequivocal amends to the Government of the United States for affronts and indigni­ties committed against this Government by Gen. Huerta and his repre· sen ta tl ves.

1\Ir. SHIVELY. I ask unanimous consent for the immediate con. ideration of the joint resolution.

1\Ir. LODGE. Mr. President, I think a joint resolution of this importance, of the gravest importance which can attach to any resolution before the Congress, ought to take the regular course and be referred to the Committee on Foreign Relations.

Mr. SHIVELY. I, of course, know that the Senator can insist on the regular course and that an objection will occasion the reference of the joint resolution to the committee; but in the presence of the situation, which I submit is somewhat emergent, I ask the Senator to allow us to take up the joint resolution at once and dispose of it.

Mr. LODGEJ. Mr. President, I do not feel that we ought to consent to this departure from the regular course of pro­cedure. I make the objection with no intent of delay, either in committee or here; but the joint resolution requires, I think, the most serious consideration that can be gi>en to it. A single objection to the second reading on the same day would send it over for a day. Of course I am willing to let it be read twice and referred at once.

Mr. SHIVELY. If the Senator will permit me, we might take a recess, and have the matter referred to the committee and reported out to-night. · ·

Mr. LODGE. The matter of taking a recess is a question for the Senate to decide. If it is referred to the committee,

the aetion of the Senate as to taking a recess will be decided by the Senate of course.

Mr. SHIVELY. Certainly. I merely made the suggestion. I regret that the Senator can not see his way clear to withhold his objection.

Mr. LODGE. That is something which must be decided by the Senate. I do not feel authorized to say what course shall be taken. I think the joint resolution should be referred to the committee.

The VICE PRESIDENT. Is there objection to the present consideration of the joint resolution.

Mr. LODGE. I object. The VICE PRESIDENT. If there be no objection, the joint

resolution will be considered, read the second time and r~ferred to the Committee on Foreign Relations. It i~ so ordered. What is the further pleasure of the Senate?

Mr. LIPPITT. Mr. President, I understood that the Senator from Massachusetts objected to the second reading of the joint resolution.

1\Ir. LODGE. :Ko, .Mr. President; I said, if it was to he re­ferred to the committee, I should make no objection to its being read the first and second times and referred in the usual conrse.

The VICE PRESIDENT. That action has been taken. Mr. FLETCHER. 1\Ir. President, I desire to inquire of the

Senator from Massachusetts whether he would object to the consideration of the joint resolution to-day in case the com­mittee could report on it to-day. The same rule that permits an objection to its present consideration permits an objection to its consideration if reported upon this day. I ask the Sena­tor from Massachusetts whether he wouJd insist upon that objection.

.Mr. LODGE. I do not think I quite understood the Senator's question.

Mr. FLE!CHER. The same rule which permits an objection to the consideration of the joint resolution without a reference permits an · objection to its consideration on the day it is re­ported. I was inquiring of the Senator from Massachusetts whether he would insist upon his objection in case the com­mittee could report to-day.

Mr. LODGE. That would depend somewhat upon the char­acter of the joint resolution.

Mr. FLETCHER. The joint resolution has been read and its character is pretty well known. '

Mr. LODGE. I mean the joint resolution as reported by the committee. I certainly should not tmdertake to answer that question now. We will cross that bridge when we come to it:

1\fr. FLETCHER. Assuming that the joint resolution re­ported by the committee is the same as that read, I ask the Senator--

.Mr. LODGE. Mr. President, I am not ready to make that assumption yet.

1\Ir. FALL. 1\Ir. President, I move that the Senate take a recess for 15 minutes. I hope the committee can report in that time.

The VICE PRESIDENT. The question is on agreeing to the motion of the Senator from New Mexico.

The motion was rejected. Mr. SHIVELY. I move that the Senate ndjourn until 12.10

o'clock a. m. to-morrow. The motion was agreed to; and (at 10 o'clo.ck p. m.) the Sen­

ate adjourned until to-morrow, Tuesday, April 21, 1914, at 12.10 o'clock a. m.

HOUSE OF REPRESENTATIVES. _1\foNDAY, April ~0, 1914.

The House met at 12 o'clock noon. The Chaplain, Rev. Henry N. Couden, D. D., offered the fol­

lowing prayer: 0 Lord, God Almighty, Father of all souls, source of all

wisdom, power, justice, mercy, a question of great moment confronts us; a crisis which may affect thousands of peop!e must be met. Impart unto those who are in authority. the President, his advisers, and the Congress of the United State~, wisdom, courage, fortitude, that they may meet it in accord­ance with the highest conceptions of right and truth and jus­tice, that the civilization of the world may be ad>anced, and the things that make for peace and righteousness be emphasized. May the clash of arms and the terrible effects which must follow in its wake be averted and the interests of all be con­served, to the glory and honor of Thy Holy Name. In the spirit of the Lord Christ. Amen.

The Journal of the proceedings of Saturday, April 18, 1914, and of Sunday, April19, 1914, was read and approved.