1910. CONGRESSIONAL RECORD-SENATE. 3227 By 1\fr. SPERRY: Resolutions adopted at the Connecticut

State Conference of Charities and Correction, favoring the estab­lishment of a children's bureau-to the Committee on Expendi­tures in the Interior Department.

Alsq, resolutions adopted by the Pootatuck Yacht Club, of Stratford, Conn., in relation to the regulation of motor boats-to the Committee on the Merchant Marine and Fisheries.

By Mr. SULZER: P-etition of Engineers' Club of St. Louis, Mo., for House bill 7117, of April 12, 1909, for bureau of public works-to the Committee on Military Affairs.

Also, petition of Chamber of Commerce of Mount Vernon, N. Y., for an appropriation to deepen the East Chester Creek­to the Committee on Rivers and Harbors.

Also, petition of citizens of New York City, for the eight-hour law-to the Committee on Labor.

Also, petition of Perry Belmont and William E. Chandler, favoring House bill 2250, national publicity law bill-to the Committee on the Judiciary.

Also, petition of citizens of Gloversville, N. Y., for repeal of the Dick military law-to the Committee on Military Affairs.

Also, petition of A. H. Johnson, of Association of Rhode Island National Guards, favoring bill now pending in Congress to encourage rifle practice--to the Committee on Military Affairs.

Also, petition of New York Board of Trade and Transporta­tion, favoring making of pilot charts by officers of the navy trained in hydrography-to the Committee on Naval Affairs.

Also, petition of Long Island Union Army and Navy Volunteer Officers, 1861-1865, for a volunteer officers' retired list-to the Committee on Military Affairs.

Also, petition of citizens of New York State, against retire­ment of the so-called greenbacks-to the Committee on Banking and Currency.

Also, petition of Church Association for Advancement of the Interests of Labor, for House bill 21426, relative to distribution of immigrants-to the Committee on Immigration and Natu­ralization.

Also, petition of William Henry Maule, of Philadelphia, Pa., against any parcels-post law-to the Committee on the Post­Ofiice and Post-Roads.

By Mr. TAYLOR of Colorado: Petition of citizens of Denver, Colo., favorable to House bill 15441, an eight-hour day on all contract work done for the United States Government-to the Committee on Labor.

By Mr. TOWNSEND: Petitions of F. T. Stowe and the Farm· ers and Mechanics' Bank, of Ann Arbor; W. N. Swift, of Adrian; and various other citizens, all of the State of Michigan, for House bill 19402, the telepost bill-to the Committee on the District of Columbia.

SEN.ATE. WEDNESDAY, Marc}" 16, 1910.

Prayer by the Chaplain, Rev. Ulysses G. B. Pierce, D. D. The VICE-PRESIDENT resumed the Chair. The Journal of yesterday's proceedings was read and ap­

.Proved. COMMITTEE SERVICE.

On motion of Mr. MONEY, it was Ordered, That Mr. PERCY be assigned to the following committees: Expenditures in the Department of State; Immigration; Indian Depredations ;

an~oint Committee on the Revision of the Laws of the United States;

Public Expenditures. ENROLLED BILLS SIGNED.

The VICE-PRESIDENT announced his signature · to the fol­lowing enrolled bills, which had previously been signed by the Speaker of the House of Representatives:

S. 4671. An act to amend the military record of Aaron Cor­nish;

S. 6431. An act granting pensions and increase of pensions to certain soldiers and sailors of the civil war and certain wid­ows and dependent relatives of such soldiers and sailors;

S. 6662. An act to authorize the Atchison, Topeka and Santa Fe Railway Company to construct and maintain a bridge across the Missouri River in the neighborhood. of Sibley, Mo., and to remove the existing structure ;

S. 6739. An act granting pensions and increase of pensions to certain soldiers and sailors of the civil war and certain wid­ows and dependent relatives of such soldiers and sailors;

H. R. 11878. An act to change the name of Twenty-third street ·north of Calvert street, in the District of Columbia, to Wood­ley place;

H. R. 13864. An act to extend Fourth street SE. ; H. R.13893. An act to authorize the extension of Forty-first ·

street NW.; H. R. 16824. An act for the relief of Daniel H. Wiggin; H. R.16515. An act to direct that Jefferson street NW. between

Fourteenth street and Colorado avenue be stricken from the plan of the permanent system of highways for the District of Columbia;

H. R. 16916. An act to authorize certain changes in the per­manent system of highways plan, District of Columbia;

H. R. 19785. An act to authorize the extension of Columbia road NW., in the District of Columbia ; and

H. R. 20164. An act authorizing the extension of Military road NW., in the District of Columbia.

JOINT IMMIGRATION COMMISSION.

The VICE-PRESIDENT appointed .l\1r. PERCY a member of the Joint Immigration Commission on the part of the Senate, as provided for in the act of February 20, 1907, entitled "An act to regulate the immigration of aliens into the United States," in the place of Mr. McLaurin, deceased.

MESSAGE FROM THE HOUSE.

A message from the House of Representatives, by W. J. Browning, its Chief Clerk, announced that the House had passed a bill (H. R. 22643) making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 1911, and for other purposes, in which it requested the concurrence of the Senate.

• ENROLLED BILLS SIGNED.

The message also announced that the Speaker of the House had signed the following enrolled bills, and they were there­upon signed by the Vice-President:

S. 863. An act for the relief of John M. Miller ; S. 864. An act for the relief of John Oates; S. 3889. An act to amend an act to incorporate the Masonic

Temple Association of the District of Columbia; H. R. 18902. An act to amend an act approved August 13,

1894, entitled "An act relative to recognizances, stipulations, bonds, and lmdertakings, and to allow certain corporations to be accepted as surety thereon ; " and

H. R. 21221. An act to authorize the city of St. Joseph, Mich .• to construct a bridge across Morrison Channel of the St. Joseph River, Michigan.

PETITIONS AND MEMORIALS.

Mr. CRANE. I present a petition signed by sundry citizens o:t the United States, which I ask may be printed in the RECORD, together with the signatures, and referred to the Committee on the Philippines.

There being no objection, the petition was referred to the Com· mittee on the Philippines and ordered to be printed in the RECORD, together with the signatures, as follows:

MARCH, 1910. To the Senate an.a House of Representatives in Congress assembled:

The undersigned, citi.zens of the United States, believing in the principles upon which our Government was founded, and satisfied that the experience of the country during the last ten years has fully justi-fied our faith, hereby respectfully and earnestly urge : ·

First. That Congress shall declare in unequivocal terms the purpose of the United States to grant their independence to the PhUippine Islands.

Second. That in order to secure the Filipino people in the enjoyment of their independence the Government shall endeavor by treaty with other nfltions to procure the neutralization of the Philippine Islands and to insure for them such a position as under like treaties is now enjoyed by Switzerland, Norway, and other small countries.

Thlrd. That Congress shall make no change in the law which will enable foreign capitalists to exploit the islands for their own pecuniary benefit, or will establish there the trusts from whose oppressive control the people of the United States are struggling to free themselves at home.

Fourth. That measures shall be adopted at once which will enable the Filipino people to develop their country for themselves and with their own capital, and which will reduce the crushing bm·den of taxation to which they are now subjected by the expenses of the insular administra­tion.

We urge these things because we believe that they are right, and that the substitution of arbitrary power for government by the people under our flag indicates a steadily increasing tendency away from free govern­ment, which should be resisted and stopped. It is clear that the peo­ple of this country know little of the facts, care little what is done in our dependency, and are tired of their colonial adventure. While these conditions exist the interests of the dependency must suffer, and no one can doubt that these conditions are likely to be permanent. We feel that every American citizen who is opposed to ttie policy of colonial­ism should make his opposition known, and should insist on learning all the facts, believing that were these known the policy would be abandoned.

With race probleJllS, labor problems, taxation problems at home, let u9 not remain- supine while we are being committed to the creation of like problems in distant colonies, problems which will remain to be a con­stant source of trouble and expense until the country does what we urge it to do now; that is. leave every people free to govern themselvem.

3228 CONGRESSIONAL RECORD-SENATE. MARCH 16,

There are no truer words than Lincoln's : ••Those who deny freedom to others deserve it not themselves, and

under a just God will not long retain it." Alton B. Parker, New York; Moorfield Storey, Massachu­

setts; James Sehoulder, Massachusetts; Winslow Warren, Massachusett ; C. B. Wilby Ohio; Austen G. Fox, New York; Sigmund Zeisler, hlinois; George L. Paddock, Illinois; Moses Hallett, Colorado ; Ever­ett V. Abbot, New York~ Archibald M. Howe, Mas a­chusetts; A. A .. Perry, Massachusetts; David G. Has­kins, jr., Massachusetts ; A. A. Putnam, Massachusetts ; Henry F. Hollis, New Hampshire; Charles S. Hamp­ton, Michigan ; C. S. Thomas, Colorado ; Richard R. Kenney, Delaware; U. M. Rose, Arkansas; Henry Winn, Massachusetts; C. A. Towne, New York~ John V. Le Moyne, ·Maryland ; Frederick Opp, Texas; A. J. Sawyer, Nebraska.; A. D. Bartholomew. Indiana; David Starr Jordan. California, president Leland Stanford University; J. C. L. Fish, California, Leland Stanford University~ Guido H. Marx, California, Le­land Stanford University ; F. Cuyell, California, Le­land Stanford University ; J. Elmore, California, Leland Stanford University ; A. A. Young, California, Leland Stan.ford University; George H. Palmer, Ma.s­sachu etts, · Harvard University; Lewis J. Johnson, Mas achusetts, Harvard University; F- L. Kennedy,

. Mas chusetts, Harvard University; John R. Nichols, Massachusetts, Harvard University; Charles W. Kil­lam, Ma achusetts, Harvard University; C. A. Adams, Massachusetts, Harvard University; William James, Massachusetts, Harvard University; George C. Chase, Maine, president Bates College; George H. Denny, Virginia, p-resident Washington and Lee University; J. Lawrence Laughlin, Illinois, University of Chi­cago ; Starr Wiilard Cutting. Illinois, University of Chicago; Albert H. Tolman, Illinois, University of Chicago; I. W. Howerth, Illinois, University of Chi­cago; William Gardner Hale,

9lllinois, University of

Chicago; Henry Wade Rogers, Connecticut, Yale Uni­versity; James Hardy Dillard, Louisiana, Tulane University ; Charles E. A. Winslow, Mas achusetts, Mas­sachusetts Institute of Technology ; H. Parker Willis, Washington, D. C.; William M. Salter, Massachu­setts; W. N. McVickar, Rhode Island, bishop; Arthur S. Williams, Nebraska, bishop; John J. Hughes, New York, superior Paulist Society; George M. Searle, New York, Paulist Society; Charles Gordon Ames, Massachusetts; Joseph H. Crooker, Massachusetts; Jenkin Lloyd Jones, Illinois; J. T. Sunderland, Con­necticut; Joseph L. Dolan, New Jersey; Charles R. Brown, California ; Charles "Fleischer, Massaebusetts ; George E. Morris, New Jersey; William W. Barker, New jersey; J. M. Gelston, Indiana; Thomas Mott Osborne, New York; Franci: E. Woodruff, New Jer­sey; Herbert Welsh, Pennsylvania; James Gadsden Holmes, Georgia.; Gamaliel Bradford, Massachusetts; RoeliJf Brinkerh-oft, Ohio ; Francis A. Osborn, Massa­chusetts; William D. Howells, New York; F. B. Sanborn, Massachusetts ; Edwin D. Mead, Massa­chusetts; Horace Boies, Iowa; Lucius F. C. Garvin, Rhode Island ; John F. Shafroth, Colorado ; James L. Slayden. Texas; John S. Williams, Mississippi; William H. Fleming, Georgia; Charles F . Lummis, California ; Louis F. P0st, Illinois, editor of the Public ; Samuel Bowles, Massachusetts, edit<>t' of the Republican; Francis F. Browne, Illinois, editor of the Dial ; William Morton Payne, Illinois. edltEn· of the Dial; W. W. Bailey, Pennsylvania, editor of the Johnstown Democrat; llJ. H. Clement, Massachusetts, former editor of the Transcript ; Louis R. Ehrich, New York; George Foster Peabody, New York; Charles R. Codman, Massachusetts; Fiske Warren, Massachusetts; Samuel Gompers, Washington, D. C.; J. P. Herrmann, Missouri; James H. Bowditch, Mas­sachusetts ; Henry W. La.ml>, Massachusetts ; Albert Stevens Parsons, Massachusetts; Edward Stang, Ohio ; Edwin C. Pierce, Rhode Island ~ P. J. Tim­mins, Massaehu etts; Henry C. Newbold, California.; Fred Brooks, Massachusetts; Charles F. Thayer, Con­necticut ; William George Bruce, Wisconsin ; Wilie Jones, South Carolina; W. H. Rogers, California; J. H. Mockett,. jr., Nebraska; N. Z. Snell, Nebraska:; C. R. Easterday, Nebraska; Charles A. Sawyer, Nebraska; John F. Weavey, Massachusetts; John H. Dwyer, Massachusetts ; Frank A. Cross, Massachu­setts ; M. R. Sharpe, Massachusetts ; C. Franklin Wilson. New Jersey; J. C. Vail, New Jersey; Frank Green, New Jersey; J. Van Doren, New Jersey; Rob­ert D. Foote, New Jersey; Robert S. Van Dyke, New Jersey; John M. Mills, New Jersey; Warren Olney, California; W. H. Thompson, New Jersey; G. R. Douglas, Indiana; Henry N. Dod~e, New Jersey; C. A. Reed, New Jersey; J. M. BenJamin Sayre, New J'ersey ; M. A. Garretson, California ; R. R. Rogers, California; J. H. Taft, California: J. G. Nelson. California: J. F. Farnum, California; John A. Park. California; Francis M. B-Outwell, Massachusetts; A. C. Reineicke, North Dakota; Samuel . Milliken. Pennsyl­vania; Haines D. Albright, Pennsylvania; Frank Stephens, Delaware; Carson Davenport, Pennsyl­vania.; Donald Stephens, Delaware ; Charles A. Alex­ander, Massachusetts; Jeremiah C. Connell, Massa­chusetts ; William H. ·Ruddick, Massachu etts ; George P. Morris, Massachusetts~ John W. Reardon, Massa­chusetts; John M. Kelly, Massachusetts; C. G. Heif­ner, Washington; Erving Winslow, Boston, Mass.; J. M. Mannon, California; A. S. Johnston. West Vir­ginia; Thomas L. Johnson, West Virginia; J. D. M. Cartney, West Virginia; R. Porter. ~yd, West Vir­ginia' R. S. M. Cartney, West Vir ima; M. H. Pence • .West Virginia; E. S. McNew,. West Virginia; H. T.

· Neel, West Virginia: John D. Shanklin, West Vir­ginia~ William Fry, West Virginia; A. H. Shanklinr West Virginia; and T. L. Shaven, jr., West Virginia..

Mr. BURROWS presented a petition of the Lucinda Hins­dale Stone Chapter of the National Society Daughters of the American Revolution~ of Kalamazoo, Mich., and a petition of the Muskegon Chapter of the National Society Daughters of the American Revolution, of l\.Iuskegon, l\Iich.,. praying for the retention and strengthening of the Division of Information of the Bureau of Immigration and Naturalization in the Depart­ment of Commerce and Labor, which were referred to the Com­mittee on Immigration.

He also presented a memorial of Olivet Grange, No. 35!>, Patrons of Husbandry, of Eaton County, Mich., remonstrating against the repeal of the present oleomargarine law, which was ref erred to the Committee on Agriculture and Forestry.

He also pr~sented a memorial of the local branch of the Polish National Alliance, of Bay dity~ Mich., remonstrating against the enactment of legislation to further restrict immi­gration, which was referred to the Committee on IIIlliilgration.

He also presented a memorial of the Trades and Labor Coun­cil of Lansing.. Mich.,. remonstrating against the enactment of legislation to increase the rate of postage on second-class mail matter, which was referred to the Committee on Post-Offices and Post-Roads.

He al.,o presented petitions of Detroit Agency, Lake Ream.en'~ Union; of Bay City Agency, Lake Seamen's Union; and of Port Huron Agency, Lake Seamen's Union, all in the State of Michigan, praying for the enactment of legislation ta abolish the involuntary servitude imposed upon seamen in the meJi·c'hant marine of the United States while in · foreign ports, and the in­voluntary servitude imposed upon the seamen of the merchant marine of foreign · countries while in the ports oi the United States, etc., which were ·referred to the Committee on Com­merce.

He also presented a petition of the Board of Trade of Grand Rapids~ Mich., praying for the enactment of legislation provid­ing sufficient postal compensation to secure adequate mail facili­ties to the ports of South America, South Africa,, Australasia. the Philippine Islands, and the .Le ant, which was referred to the Committee on Commerce.

He also presented petitions of the Tuscola County Association of Farmers' Clubs, of sundry citizens of Leelanaw Connty, of Local Grange, No. 56, Patrons of Husbandry,. ot Ypsilanti and of Gilead Grange, No·. 400, Patrons of Husbandry, of Bronson,. all in the State o! Michigan, praying for the passage of the so­called "parce~post bill," which were referred to- the Committee on Post-Offices and Post-Roads.

Mr. WETMORE presented a petition of Arctic Lodge, No. 100, La Societe des Artisans Canadiens Fran~ais, of Arctic, R. I., praying for the enactment of legislation providing for the admis­sion of publications of fraternal societies to the mails as second­class matter, which was referred to the Committee on Post­Offices and Post-Roads.

Mr. NELSON. I present resolutions adopted by the Minne­sota Cooperative Dairies Association (Incorporated» relative to the tax on oleomargarine. I ask that the re olutions be printed in the RECORD and referred to the Committee on Agri­culture and Forestry.

There being no objection, the resolutions were referred tC> the Committee on Agriculture and Forestry and ordered to be printed in the RECORD, as follows: To the honorable the President, the Senate, and the

Houu. o1 Representatives- of the United S1atef!! Your petitioner, the Minnesota Cooperative Dairies. Association (In­

corporated), respectfully represents to the President ot the Untted States, the Senate, and the House of Representatives that it is organized and incorp<>rated under the laws of the State of Minnesota for the pw·pose of improving the conditions of the Minnesota creameries and the da.iry Interests in general and the marketing in a whole ale way on he co­operative plan the products of the creameries co.nnected with it; that there are over 240 creameries so identified with it, representing to ex­eeed 15,000 dairymen and farmers and an invested capital in eream1!ries alone of approximately $1,000,000 ; and .

Whereas the present law enacted by Congress May 9, 1902, illli1 com­monly known as the ... Grout raw" is in danger of being repealed by the Sixty-first Congress,. and in lieu thereof bill H. R. 13 42, known as the Burleson bill, .or the bill S. 5428, known as the Simmons bill, substituted therefor ; and

Whereas we believe the Grout law to be a just law. and enacted for the sole purpose of protecting the dairy interests and consuming public from the fraudulent selling &f oleomnrgaJ:-ine, and not to prohibit the manufacture and sale of oleomargarine when sold a such product~ and

Whereas we believe that the only practical way to prevent !.mud in the manufacture and sale of oleomargarine is to pr serve the color ·dis· tlnction, as is now done by the present law ; ruid

Whereas it is fUrther- claimed that tbe said law is a discrimination against the cattle-raising and cotton-growing interests o.f the United States, in that it is a prohibitory . ·tax on those- manufaetnring oleo.mar· garine, and inc:identally_ raises tlle prlee. of the • poor man's" butter i and

11910. CONGRESSIONAL RECORD-SENATE~ 3229 ~ererui the cla.ims :of uisccimine.tion are clearly: '.disproven by the

fact that in January, 1910, in the Chicago district, there was manufac­tured 10,189,249 pounds of oleomargarine-which ill estimated to be about two-thirds of the output .of the United ;Sta-Ws--Oi w:hicb only 230,089 pounds w~re colored and paid tM lO·een.t tax, or approximately 2 t per cent; and these figures would lndicate that .97i per cent .of ·all the oleomargarine manufactured during the ·above-mentioned -period ,paid ·only the nominal tax of .one-fom·t'h of a cent per pounfl-; and

Whereas the color distinction, as defined by the prru;ent law in im­posing a grea ter tax on oleomargarine colored in imitation -Of bu±ter made from milk the product of cows over that "Sold in its -natnral color works no hardship .on the manufacturers .or comm:mers o:f ·Oleomargarine : Now therefore be it

R esolved, by the M i nnesota Oooperatwe Dairies 11&-sociatio-n (Incor­poruted), in annual rneeting ussembled in The city of St. Paui, in the State of M i nnesota, vn th,-is J!3d day of Fe'broary, 1910, 'That -we pr.otest against the enactment into law of the Burleson bill l(H. R. !13842), or the Simmons bill ( S. 5428) ; and be Jt further

R csoZvecZ, That we urge -upon 'Congress, now assembleil, to ·defeat the passage of the Burleson bill (H. R. 13842~ .and the Simmons bill (S. {)428) for the Teasons set 'forth in this preamble, and that we urge upon the Minnesota Senators and Representatives to use all .honor.able means to prevent the passage of said bills. _ -

Whereas there has been int roduced 1n Congress S. 5842, known as the :Penrose bill, the object •ef which is to cor.rec:t -certain .defects in :the Grout law, ·which defects apparently ,prevent the -enforcement of the law by the Unite(). Sta:tes Tevenue officers ; and

Whweas we beli~e the Penrose bill (S. 5842) is ·a just measure and is in no way intended to prevent the manufacture and ·sale of oleo­margarine, when done without the intention of fraud, .and makes the 1aw mor~ campTehensive: Now tberefore be it

R esoZved, That we indo.rse the Penrose bill {S. ·58112) as an amend­ment to the Grout law, and petition Congress to enact the bill S. 5842 .as an amendment to the Grout Jaw; and be it further

Resoived, That th~ secretary of this .association is instructed to··trans­mit a copy of :this .p:r.eamble and these :resolutions to the President of the United States and to each Member of the Senate and House of Repre­sentatives; and be it .further

ReBo11J-ed, That the secretary .of :this association requests one each of ow: Senators and R epresentatives to introduce thlil memorial · in each branch of our National Congress and ask 1ID.animous consent to have the same printed in the CONGRESSIONAL RECORD.

The above resolutions, as :duly adopted .a-.t "the said annual ·meeting, were introduced by the committee on resolutions, rcom_po13ed of C. B. Goodale, as chairman, H. Y. Poor, and J. F. LalllJl.

MINNESOTA ·COOPEllATIVE 'DAIRIES AssoCIA.TION (lNCo.RPORATED),

By J'oHN R. Mo-nLEY, President. [SEAL.] By CHABLES A. MORSE, Seoreta;ry. I 'hereby certify th.at the alJove is .a true copy of resolutlons adopted

at the third annual meeting of the stockholders of the Minnesota Co­operative Dairies .Association (Incorpora1:ed), of Minnesota, :held at i:he Old Capitol building, in the city of St. Paul, Minn., on February 23, 1910, and of the whole of said resolutions, and that such resolutions stand unrevoked at thifl date.

[S.E.A.L.] CHARLES A. MORSE, Secretarv~ sx. PLUL, MINN., Fehronry £S, 1!J10.

l\1r. NELSON presented '3. memorial of Group No. 1.033, Polish National Alliance, of South St. Paul, Minn., remonstrating against the enactment of legislation to further restrict immi­gration, which wa referred to the Committee -on Immigration.

Mr. :GUGGE~'TJIEilf presented a petition of s.-undry citizens .of Englewood, .Colo., -praying for the passage of the so ... ealled "eight-hour ·bill," whlch was referred to the Committee ,on Edu­cation and Labor.

·.Mr. BULKELEY presented a petition of Paugassett <Council, No. 28, Knights of Columbus, of Derby, Conn., praying for the enactment of legislation providing for the admissian of pub­lications of fraternal societies to the mails as second-class mat­ter, which was referred to the 'Committee · on Post.:Offiees ·and Post-Roads.

He also presented a petition of the State Conference of Ohar­ities and Correction of Connecticut, praying for the passage of the so-called" children's bureau bill," which was referred to the Committee on Education .and Labor.

Mr. GALLINGER presented a petition -Of the Chamber ,o.f Commerce ·of Bostcm, .Mass., praying for the enactment of leg­islation to create a court of commeroe and to a.mend the :act en­titled "An act to regulate commerce,'~ which was ·ordered to lie <m the table.

Mr. BRISTOW presented a petition of Commodo:re Barry Council, No. 883, Knights of Columbus, 'Of Pittsburg, Kans., praying for the enactment -0f legislation providing for the ad­mission of publications of fraternal societies to the mails as second-class matter, which was referred to the ·Committee on Post-Offices .and Post-Roads.

He also presented petitions of sundry citizens of Kansa-s, praying for the enactment of legislation to ·prohibit the inter­state transportation of intoxicating liquors into prohibition dis­tricts, which were referred to the ·Committee on Interstate Com­merce.

Mr . .BURTON ipresented a petition of the Western .Reserve Chapter -0f the Nati.ona1 Society, Daughters of the American :R.eYolnti.on, of Cleveland, Oh'io, pr.aymg .for i:be retention ana ·strengthening of the Divi-sion of Infonna.tion -0f the Bur-eau -Of Im:m'igration and NatnTalization in the Depar:tmen.t {)f Com­merce and Labor~ which was referred to the 'Committee fill Im­migration.

He ·also pr.esented _pe'ti:tions ·of .sundry -citizens of B:ncynrs, Ohio, -praying for ihe .passa;ge of the so-.ealled "'' 'eight-hour bill," w'hieh were iref'erred to the 1Cemmittee on JTidueation .and Labor.

Mr. BROWN presented a petition of the Live Stock Exchange, of South r()ma-ha, Nebr., praying for -the .repeal of ±be pTesent oleomargarine law, which was referred to the Committee .on AgricuJ:ture and F'orestry.

He also presented a petition of P.si Chapter, Xi Pfil P.hi Fra­ternity, of Lincoln, Nebr., praying for the enactment .of legisla­tion proTiding rfor the admission of publications ·o-f fraternal societies to the mails as second-class ImLt ter, whioh was rrefexued to the ·Committee on Post-0.ffices and -Post-Roads.

Mr. CULWM presented petitions .of sundcy councils, Knights of Columbus, of Spalding, Decatur, East St. Louis, and 'Carly-le, all in tbe State of [llin.ois, pray'ing for the enactment of ilegis­'lation providing for the admission of publications ·of ::fraternal societies to rthe mails a-s seeond-class matter, whlCb. were re­ferr-ed to the Committee on Post...:Offiees and IPost-Roads.

l\Ir. HALE presented a petition of North Penobscot Grange, Patron£ of Husbandry, of Kingman, .Me., praying for tlle enact­ment of legislation :to .estabrish ,a nationa1 bnrea.-u of health, which was referred to the Committee on Public Health :rend National QuaTan'tine.

Mr. ELKINS presented a petition of Local Branch No. il..09, Glass Bottle Blowers' Association of the United States .and Can­ada, of Wheeling, W. Ya., praying 'for the pru;sage .of the so­.caned " ·eight-hour bill;'' which was refened to the :Committee Dn Education and Labor. ·

He also presented :a petition of Local Ccrnncil J\'o. 504, Knights of Columbus, of Wheeling, W. Va., praying for the 'enactmeni: .of legislation providing for: the iadmfasion of -publicartions of fta­ternal societies to the mails .:as second-class matt-er, which was referred to 'the Committee on Post~Offi.ces .and Post-Roads.

He also :presented sundry papers to -accompany the bill (S. 455.9) "for rthe relief ef Fredricea Kimmer ling, which were .re­ferred to the Committee on Claims.

He also presented an :affidavit to ~l.'ecompa.By th:e 1bill '( S. 453-7) -granting :a. pension to .Barbara .J. Reed, w:hicll was re­ferred to the Committee on Pensions.

Mr. -OURTlS presented petitions of -sundry citizens of Caney, Harveyville, Havana, and of the Fourtla -CongressiGnal Districi;, all in the ·State of Kansas, praying for the :enactment . .of legis­Jation to prohibit the interstate transportation of intoxicating liquors into prohibition districts, which were refer.red to the Committee on Interstate Commerce.

He also presented a petit1on of the Christiana Musser Chap­ter .of the National So.ciety Daughters of the American Revolu­tion, of Chanute., Kans., praying for the retentlon and strength­ening of the Division of Information of the Bureau of Immi­gration and Naturalization in the Department of Commerce and Labor, which was referred ·to the Committee on .Immigration.

He also ·presented petitions of Local Lodge No. ·204, -Of ·To­peka; of Local Lodge No. 633, of Emporia; of Local Lodge No. 440, of Wyandotte; of Local Lodge No. 586, of Concordia; (}f Local Lodge No. 453, of Hutchinson·; of Local Lodge No. 718~ of Salina; and of Locail Lodge No. 1127, of ·Great !Bend, all of the Benevolent and Protective Order of Elks, in the State rof Kansas, _,praying for the enactment of legislation to create .a national .reserve in the State of Wyoming for the en.re and maintenance of the American e1k, whieh were referred to the .Committee ·On Forest Reservations and the Protection ot Ga.me.

Mr. HALEJ presented a petition of Governor Kavanaugh Ootm­cil, No. 1423, Knights of <Columbus, of North W.ll'itefield, M:e., praying for the enactment of legislfutian prov;iding for the ad­mission of pnblicrutions of fraternal societies to the mail .a..s ·second-class matter, w..hlch was :referred to the Committee on P0si;-Offices and Post-Roads.

REP.ORTS OF COMMITTEES.

Mr. GALLINGER, '.from the Committee on the District -Of {)olumbia, to whom was referred the bill ( S. 68S8) to incor­porate the Roc!kefeller Foundation, reported it with an amend­ment and submitted a r.eport (No. 405) thereon.

Mr. CARTER, from the Committee on Irrigation .and Recla­mation ·of Arid Lands, to whom were :referred the following bills, usked to be discharged from their further consideration and that ·th~y be referred to the Committee on .Public Lands, whic-h was agreed to:

A bill ( S. ·6895) .for the relief ·of Charles 0. Hanna; and A bill {S. 6894) far the .relief .of Ge.orge 'l.'hompson..

RELIEF OF HOMESTEAD SETTLERS.

Mr. G.A.l\IBLE. .I run db.~ected. by the Committee ·on Indian Affairs, to whom w.a.s r-ecommit;ted the bill .(H. R. il..0321) for t'.he relief of homestead settlers under the acts of .February 20, 1004;

3230 CONGRESSIONAL RECORD-SENATE. :MARCH 16, -

June 5-and 28, 1906; and March 2, 1907, to report it .favorably with amendments, and I submit a report (No. 406) thereon. I ask unanimous consent for the present consideration of the bill.

The VICE-PRESIDENT. The bill will be read for informa-tion.

Mr. GAMBLE. The first two sections were read yesterday. Mr. K.ElAN. Let it all be read. The Secretary read the bilL The VICE-PRESIDENT. Is there objection to the present

consideration of the bill? Mr. KEAN. I think the Senator from South Dakota ought

to give some reason for the passage of the bill and explain why extension is to be made.

Mr. GAMBLE. This bill came up for consideration yester­day, and on the objection of the senior Senator from Minne­sota [l\Ir. NELSON] it went over and was recommitted.

The first section of the bill is now included in the Indian appropriation bill, and I intend at the proper time to move to strike out the first section, as it is already provided for. This is a House bill, and it has been fully considered by the House and passed.

Mr. KEAN. But what I asked the Senator for was the rea-son for the proposed extension of time.

Mr. GAMBLE. I will give the reason. Mr. KEAN. That is what I want to know. Mr. GAMBLE. The second section provides for an extension

of one year of the time in which the second payment upon the lands of Tripp County that were opened to settlement one year since. The winter has been an unusual and a most severe one. ,When the settlers went upon the land a year ago the coming April they paid one-fifth of the appraised value of the lands, but on account of the severe winter, the great cost of living, the expense of fuel, and the high expense of all things, it will be practically impossible for the settlers to make their second pay­ment on the 1st day of April.

The bill simply provides for an extension for one year, and ' the settlers will pay 5 per cent interest upon the deferred pay­ment. It simply postpones the time.

Mr. KEAN. Then, I understand it is an extension on account of the inclemency of the weather.

Mr. GAMBLE. The matter is fully shown in the report. The VICE-PRESIDENT. Is there objection to the present

consideration of the bill? There being no objection, the bill was considered as in Com­

mittee of ·the Whole. The first amendment was, in section 3, page 3, line 20, after

the word " has," to insert the word " not," so as to make the additional proviso read:

And provided f1wther, That n_otbing in this act shall ~xtend: the time of payments in any case where it shall appear to the satisfaction of the Secretary of the Interior that the law in regard to residence and im­provement, as provided by the homestead law, bas not been fully per­formed.

The amendment was agreed to. The next amendment was, to add, after line 20, page 3, a new

section, as follows : SEc. 4. That section 4 of an act entitled "An act authorizing tl~e sale

nnd disposition of a portion of the surplus and unallotted lands m the Cheyenne River and Standing Rock Indian reservations in the States of South Dakota and North Dakota and making appropriation and provi­sion to carry the same into effect," approved May 29, 1908, be, and the same hereby is amended to read as follows :

"SEC. 4. That the price of said lands shall be paid in accordance with the rules and regulations to be prescribed by the Secretary of the Interior upon the following terms: One-fifth of the purchase price to be paid at the time of entry, and the balance in five equal installments, the first within two years and the remainder annually in three, four, five, and six years, respectively, from and after the date of entry. In case any entryman fails to make the annual payments, or any of them, when due all rights in and to the land covered by his entry shall cease, and any' payments theretofore made shall be forfeited and the entry can­celed and the lands shall be reoffered for sale and entry under the pro­visiofts of the homestead law at the appraised price thereof: And pro­vided That nothing in this act shall prevent homestead settlers from commuting their entries under section 2301, Revised Statutes, by paying for the land entered the price fixed herein, receiving credit for payments previously made. In addition to the price to be paid for the land the entryman shall pay the same fees and commissions at the time of com­mutation or final entry as now provided by law, where the price of land ls 1 25 per acre and when the entryman shall have complied with all the requirements' and terms of the homestead laws as to settlement and residence and shall have made all the required payments aforesaid he shall be entitled to a patent for the lands entered: And provided fur­tnm· That all lands remaining undisposed of at the expiration of four year's from the opening of said lands to entry may, in the discretion of the Secretary of the Interior, be reappraised in the manner provided for in this act: And it is fm·ther prov·ided, That any lands remaining unsold after said lands have been open to entry for seven years may be sold to the highest bidder for cash without regard to the prescribed price thereof fixed under the provisions of this act, under such rules and regu­lations as the Secretary of the Interior may prescribe."

The amendment was agreed to.

Mr. NELSON. I move to strike --out the first section of the bill.

Mr. GAMBLE. That is entirely agreeable. The VICE-PRESIDENT. The amendment proposed by the

Senator from Minnesota will be stated. . The SECRETARY. It is proposed to strike out all of section 1 of the bill appearing on page 1.

The amendment was agreed to. Mr. GAMBLE. I suggest that the other sections be renum­

bered to correspond. The VICE-PRESIDENT. Without objection, the Secretary

is instructed to renumber the sections of the bill. 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. The committee reported to amend the title so as to read :

"An act for the relief of homestead settlers under the acts of February 20, 1904; June 5 and 28, 1906; March 2, 1907; and May 29, 1908."

Mr. GAMBLE. I suggest that on account of the first section being stricken out the title be further amended by striking out the words " February 20, 1904."

The VICE-PRESIDENT. Without objection, the title will be amended as indicated. The Chair hears no objection.

FOLDING SPEECHES AND PAMPHLETS.

Mr. HALE. I report from the Committee on Appropriations a bill making an appropriation for folding speeches and pam­phlets for the Senate, and I ask for its passage.

The bill (S. 7187) making an appropriation for folding speeches and pamphlets for the Senate was read the first time by its title and the second time at length, as follows:

Be it enacted, etc., That the sum of $2,000 be, and the same is here­by, appropriated, out of any money in the Treasury not otherwise appropriated, to supply a deficiency in the appropriation for foldin~ speeches and pamphlets, at a rate not exceeding $1 per thousand, for the Senate of the United States, for the fiscar year 1910.

The VICE-PRESIDENT. Is there objection to the present consideration of the bill?

There being no objection, the bill was considered as in Com­mittee of the Whole.

The bill was reported to the Senate without amendment, or­dered to be engrossed for a third reading, read the third time, and passed.

JOHN M, BLANKENSHIP.

Mr. SMITH of Maryland. I am directed by the Committee on Naval Affairs, to whom was referred the bill (S. 5873) for the relief of John l\f. Blankenship, to report it favorably with amendments, and I submit a report (No. 404) thereon. I ask for the present consideration of the bill.

The Secretary read the bill; and there being no objection, the Senate, as in Committee of the Whole, proceeded to its consideration.

The amendment was, in line 4, after the words " to appoint," to strike out the words "the said," so as to make the bill read:

Be it enacted, etc., That the President be, and be is hereby, author­ized, by and with the advice and consent of the Senate, to appoint John M. Blankenship an ensign in the United States Navy on the retired list.

The amendment was agreed to. The bill was reported to the Senate as amended, and the

amendment was concurred in. The bill was ordered to be engrossed for a third reading, read

the third time, and passed. The VICE-PRESIDENT. The committee report to strike out

the preamble. The question is on agreeing to the amendment of the committee.

The amendment was agreed to. STATUE OF JOHN C. CALHOUN.

l\fr. Sl\IOOT, from the Committee on Printing, to whom was referred the following concurrent resolution ( S. C. Res. 25), submitted by Mr. · SMITH of California, on the 15th instant, re­ported it favorably, and it was considered by unanimous con­sent and agreed to:

Senate concurrent res<i>lution 25. Resol,,;etZ by the Senate (the Hotise of Representatives concurring),

That there be printed and bound the proceedings in Congress, together with the proceedings at the unveiling in Statuary Hall, upon the ac­ceptance of the statue of John C. Calhoun, presented by the State of South Carolina, 16,500 copies, of which 5,000 shall be for the use of the . Senate and 10,000 for the use of the House of Representatives, and the remaining 1 500 copies shall be for the use and distribution of the Sen­ators and Representatives in Congress from the State of South Carolina.

The Joint Committee on Pl"inting is hereby authorized to havG the copy prepared for the Public Printer, who shall procure suitable copper· process plates, to be bound with these proceedings.

·1910. CONGRESSIONAL RECORD-SENATE. 3231 BILLS INTRODUCED.

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

By Mr. BURROWS: A bill (S. 7188) granting an increase of pension to John A.

Chm'ehill (with an accompanying paper); and · A bill ( S. 7189) granting an increase of pension to Derick

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

By Mr. WETMORE: A bill (S. 7190) granting an increase of pension to Sarah

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

By Mr. GALLINGER: A bill (S. 7191) to authorize the Commissioners of the Dis­

trict of Columbia to prevent the exhibition of ob.scene, lewd, indecent, or vulgar pictures in public places of amusement in the District of Columbia ; to the Committee on the District of Columbia. .

A bill ( S. 7192) granting an increase of pension to George L. Maxam (with an accompanying paper); to the Committee on Pensions.

By Mr. BROWN: A. bill (S. 7193) granting an increase of pension to Lewis A.

Ganson ; to the Committee on Pensions. By Mr. BAILEY: (By request.) A bill (S. 7194) donating 100,000- acres of land

to . Cumberland College, Cumberland, Chaves County, N. Mex.; to ·the Committee on Territories. ·

A. bill ( S. 7195) to provide for the erection of a public building at Longview, in the State of Texas ; and

A bill ( S. 7196) to provide for the erection of a. pnblic build­ing at Stamford, in the State of Texas; to the Committee on Public Buildings and Grounds.

By Mr. PENROSE~ A bill (S~ 7197) to amend an act enti~d 0 An act to create a

new federal judicial district in Pennsylvania to be called the middle district," approved "l\Iarch 2', 1901; to the Committee on the Judiciary. .

A bill (S. 7198) for the relief of Morris F. Cawley; to the Committee on Claims.

A bill (S. 7199) to organize a clerical corps of the Navy of the United States, to define its duties. and to regulate its pay; to 'the Committee on Naval .Affairs. ·

A bill ( S. 7200) to correct the military record of Charles Mace~ to the Committee on l\Iilitary .Affairs.

A bill (S. 7201) ta correct the military record of Adolph F. Hitchler;

A bill (S. 7202) ~ting an increase of pension to Joseph E. Patterson (with an accompanying paper};

A bill (S. 7203) granting a pension to Patrick O'Brien; A bill ( S. 7204) granting a pension to Ella V. Temple; A bill { S. 7205) granting an increase of pension to Chalmers

Wilson; . A bill (S. 7206) granting an increase of pension to James D.

Bartholomew ; A bill (S. 7207) granting an increase of pension to George W.

Crawford ; and A bill ( S. 7208) granting an increase of pension to Thomas

Collins; to the Committee on Pensions. By Mr. BURTON: A bill (S. 7209) granting a pension to Elizabeth P. Boggis;

to the Committee on Pensions: By Afr. BURKETT: A bill (S. 7210) granting an increase of pension to James. T.

Moody; and A bill (S. 7211) granting a pension to Jesse Beason; to the

Committee on Pen sions. By Mr. CURTIS: A bill (S. 7212) granting an increase of pension to James R.

Sultz; A bill ( S. 7213) granting a pension to H. E. Hagar; and A bill (S. 7214) granting an increase of pension to William

N. Johnson (with an accompanying paper); to the Committee on Pensions.

A bill ( S. 7215) to provide for a site and the erection of a public building thereon at Garden City, Kans.; to the Commit­tee on Public. Buildings and Grounds.

By Mr. ELKINS: A bill (S. 7216} granting an increase of pension to T. W.

Manion; .A bill (S. 7217) granting an increase of pension to Reuben

B. Taylor (with an accompanying paper}~

A bill (S. 7218) grm;iting a pension to George Myers; and A bill ( S. 7219) granting a pension to Laura A. Swiger; to

the Committee on Pensions · By Mr. DICK: A bill ( S. 72'20) granting an increase of pension to John C.

Griggs; to the Committee on Pensions. By Mr. CLARKE of Arkansas: A bill ( S. 7221) for the relief of Shadrack H. Wren; to the

Committee on Claims. By Mr. ALDRICH: A bill (S. 7222) granting an increase of pension to Harrison

0. Bemis (with an accompanying. paper); A bill ( S. 7223) granting an increase of pension to Amanda

S. Carr (with an accompanying paper); A bill (S. 7224) _granting an increase of pension to David

O'Brien (with an accompanying paper) ; A bill (S. 7225) granting an increase of pension to Alvira F.

Mitchell (with an accompanying paper); A !:>ill (S. 7226) granting an increase of pension to Ann J.

Rouse (with an accompanying paper); A. bill ( S. 7227) granting a pension to Jobn Edward :Mullen

(with an aceompanying paper}; and A bill ( S. 72'28) granting an increase of pension to George Erwin

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

BOUND.ARY LINE BETWEEN OREGON AND WASHINGTON.

Mr. JONES. I present a joint request of the governors of Oregon and Washington, asking for the passage of a joint reso­lntion giving the consent of Congress to the States of Oregon and Washington to establish an exact boundary line betwee-n those States, and: I introduce with it a joint resolution. I ask that the request be read.

There being no objection, the Secretary read as follows :

. PORTLAND, OREG., March 9, 1910. To t.he Congress of the United Stat es,

Washi ngton, D~ C.: We, the undersigned, F . W. Benson, governor of the State of Oregon,

and M. E. Hay, governor ot the State of ·Washington, do most. re­spectfully request that your honorable body pass the consent that th~ State of Washington and the State o-f Oregon be permitted. to agree upon the exact boundary line between said States where the said Colum­bia River now forms said boundary, said consent to re substantially as set forth in the copy of consent hereto attached.

F. W. BE:NSON, 6-<11Jenuw of t1tu State of Orego11t.

M. E. HAY, Governor of the State of Was.hington..

The VICE-PRESIDENT. The communication will be referred to th-e Committee on the Judiciary.

Mr. JONES introduced a joint resolution ('S. J. Res. 88) to enable the States of Oregon and Washington to agree upon a boundary lme between said States where the Columbia River forms said boundary, which was read twice by its title and re­ferred to the Committee on the Judiciary.

AMENDMENT TO POST-OFFICE APPR-OPRIATION BILL.

l\fr. CURTIS submitted an amendment providing that all rural letter carriers in the service of the Post-Office Depart­ment be paid cash, as eompensa.tion, $90 per month for stand­ard 24-mile routes, etc., intended to be propo ed by him to the post-office appropriation bill, which was referred to the Com­mittee on Post-Offices and Post-Roads and ordered to be printed.

AMENDMENTS TO RIVER AND HARBOR BILL.

Mr. PILES submitted an amendment proposing to appro­priate $25,000 for improving Snake River, Oregon, Washington, and Idaho, up ·to Pittsburg Landing, Oreg., 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. LODGE submitted an amendment proposing to appro­priate $115,000 for improving Weymouth Fore River, Massa­chusetts, 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.

REGULATION OF IMMIGRATION.

Mr. DILLINGHAM submitted 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. 15816) to amend an act entitled "An act to regulate the immi­gration of aliens into the United States," approved February 20, 1907, having· met, after full and free conference have agreed

·3232 CONGRESSIONAL RECORD-SEN ATE. :M:AROH 16,

to -recommend, as follows:

and do recommend, to their respective Houses against the Senate fund, it makes it necessary, as I understand the rule, to send it to the Committee to Audit and Control the Contingent Expenses of the Senate. This is the rule-it is the fifth paragraph of Rule XXV :

That the House recede from its disagreement to the amend­ments of the Senate numbered 1, 2, 3, and 4, and agree to the same.

WM. P. DILLINGHAM, H. c. LoDGE,

Managers on the part of the Senate. BENJ. F. HOWELL, WILLIAM S. BENNET, JOHN L. BURNETT,

Managers on the part of the Hoiise.

The report was agreed to. PRESIDENTIAL APPBOV ALS.

A message from the President of the United States, by M. C. Latta, one of his secretaries, announced that the President had on March 15, 1910, approved and signed the following joint resolution and act:

S. J. Res. 63. Joint resolution authorizing the Secretary of War to loan certain teats for the use of the confederate vet­erans' reunion, to be held at Mobile, Ala., in April, 1910; and

S. 5125. An act authorizing the creation of an additional land district in the State of Oregon, to be known as the "Vale land district."

HOUSE BILL BEFERBED.

H. R. 22643. An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, 1911, and for other purposes, was read twice by its title and referred to the Committee on Appro­priations.

WASHINGTON GAS-LIGHT COMPANY.

Mr. BROWN. I call up Senate resolution 172, coming over from yesterday.

Mr. GALLINGER. The resolution is on the calendar of the Senate, but I have no objection to unanimous consent being given to proceed to its consideration, if the Senator will ask for that. It has gone to the calendar under the rules of the Senate.

The VICE-PRESIDENT. The Senator from New Hampshire is correct.

Mr. KEAN. Is there not a motion to refer pending? Mr. GALLINGER. There is. The VICE-PRESIDENT. The Secretary will state the reso­

lution. The SECRETARY. Order of business 392, Senate resolution 172,

a resolution requesting the Attorney-General to inform the Senate what legal authority exists for the present capitalization of the Washington Gas-Light Company and what legal authority exist for an increase in its present capitalization.

The VICE-PRESIDENT. Is there objection to the present consideration of the resolution? The Chair hears none. The resolution is before the Senate, and the pending motion is that the resolution be referred to the Committee on the District of Columbia.

!\fr. GALLINGER. I will call the attention of the Chair to the fact that I had entered a motion to commit the resolution to the Committee on the Diestrict of Columbia.

The VICE-PRESIDENT. That is the pending motion. Mr. BROWN. I called it up ·for the purpose of having that

motion disposed of. I think the point of order is good against the motion. I do not desire to make the point of order at this

. time if there is any reason why the motion should prevail. I thought that perhaps, on reflection, the Senator from New Hampshire would withdraw the motion to refer.

l\fr. GALLINGER. Mr. President, it would be interesting to me, and I am sure it would be· exceedingly interesting to the Senate, if the Senator from Nebraska would state his point of order.

Mr. BROWN. The point of order is that the rule disposes of these motions when entered against resolutions in the parlia­mentary situation in which this one is. This resolution was introduced more than a month ago and referred to a committee. Without objection, it was referred to the Committee on Cor­porations Organized in the District of Columbia. The Senator from New Hampshire, the chairman of the Committee on the District of Columbia, was here when that reference was made, and entered no objection. That gave the Committee on Cor­porations Organized in the District of Columbia jurisdiction of the resolution.

The resolution was amended by the committee after consid­eration and reported back to the Senate, carrying with it a possible charge against the contingent" fund of the Senate. Because of the fact that the resolution carried that charge

A Committee to Audit and Control the Contingent Expenses of the Senate, to consist of five Senators, to which shall be referred all reso­lutions directing the payment of money out of the contingent fund of the Senate or creating a charge upon the same.

This is that sort ' of a resolution, providing for an investiga­tion and providing for its payment out of the contingent fund of the Senate. ·

But, Mr. President, I would be glad to waive, so far as I am concerned, the point of order if the Senator from New Hamp­shire can state any reason why this resolution should take some new coilrse and be sent to the Committee on the District of Columbia.

Mr. GALLINGER. Mr. President, I do not want the Senator to deny himself any privilege that he has under the rules. If he wishes to make the point of order, I should be glad to have him make it, because it is absolutely not a tenable point of order. In my own time and in my own way I will state the reason, and it will be in a very few words, why the resolution ought to go to the Committee on the District of Columbia.

1\Ir. BROWN. If the Senator would state his reasons now, we could save some time about the disposition of the point of order. .

l\fr. GALLINGER. I prefer that the Senator should proceed in his own way. He has the floor, and doubtless he is prepared to enlighten the Senate on a very important subject. I do not wish to interrupt him in the least.

Mr. BROWN. The Senator is very kind. I insist on the point of order, Mr. President.

The VICE-PRESIDENT. The Chair understands that the resolution was reported back from the Committee on the Organi­zation of Corporations in the District of Columbia, and a motion was entered at that time for its reference to the Committee to Audit and Control the Contingent Expenses of the Senate.

l\Ir. BROWN. That is the record. The VICE-PRESIDENT. That motion, of course, is not

amendable, except to add instructions. A motion to refer to a particular committee is not an amendable motion. It seems to the Chair, therefore, that the motion made by the Senator from Nebraska is the motion which is now in order, rather than that which was afterwards entered by the Senator from New Hamp­shire.

l\fr. GALLINGER. Mr. President, this is the situation. . A very simple resolution was presented by the Senator from Nebraska. I would have been quite willing to have had it passed without objection. The Senator asked that it should go to a minority committee. I did not object to that. It has been reported back in an entirely different form, and in a form that to my mind the Committee on the District of Columbia has absolute jurisdiction over.

It was not necessary that the Senator should make a mo­tion to refer it to the Committee to Audit and Control the Con­tingent Expenses of the Senate.

The VICE-PRESIDENT. But he did. Mr. GALLINGER. But it was not necessary as the law re­

quires that, and under the custom of the Senate a motion to refer to some other committee is in order.

The VICE-PRESIDENT. But when the Senator makes the motion, then it changes the status, whether it was necessary or not. .

Mr. GALLINGER. Even then, this is not a completed mat­ter. This is a matter that another committee can take juris­diction over, if the Senate so orders.

The VICE-PRESIDENT. That is true. Mr. GALLINGER. I do not see that the fact that the S_en­

ator made a motion to send the resolution to the Committee to Audit and Control the Contingent Expenses of the Senate, to which committee it would have gone after it had become a completed matter, excludes any Senator from moving to refer to another committee the entire subject.

The VICE-PRESIDENT. Under Rule XX.VI, there is a pro­vision that a motion simply to refer shall not be open to amend­ment except to add instructions; that is, we must first dispose of the motion to refer the resolution to the Committee to Audit and Control the Contingent Expenses of the Senate before a motion to refer to any other committee can be entertained.

Mr. GALLINGER. I move to lay the motion to refer to the Committee to Audit and Control the Contingent Expenses OD the table. · .

The VICE-PRESIDENT. That motion is in order. 'rhe Sen­ator from New Hampshire moves to lay the motion of the Sen­ator from Nebraska to refer upon the table.

l\Ir. BROWN.. .Mr. President~

19io: - CONGRESSIONAL RECORD-SENATE. 3233-:

The VICE-PRESIDENT. The motion is not debatable. ca use it carries a charge against the . contingent fund. - . My mo­Mr. BROWN. I do not rise to debate it; but is it in order tion to refer to that committee, provided by the rules to con-

until we dispose of the other motion? · sider the subject, has been laid upon the table, and the motion : The VICE-PRESIDENT. The other motion is not in order. is now made that the resolution shall go to another committee. Mr. GALLINGER. That is not in order. · Why? There "can not be found a precedent in this Senate, .I The VICE-PRESIDENT. The Cha'ir has ruled that the other will venture to say, having given the subject some search myself, ·

motion was.not in order. ·· where a resolution providing for an investigation has ever been Mr. BROWN. . My point of order was sustained against tb.,e routed the way this one has been.

original motion to refer the resolution to the Committee on th"t: Mr. GALLINGER. Mr. Preident, if the Senator will permit District of Columbia. ' · me, the resolution which went to the committee did not provide

The VICE-PRESIDENT. The Senator from Nebraska is cor- for an investigation. The Senator from Nebraska ought to be rect. The question now is on the motion made by the Senator accurate. -from New Hampshire to lay on the table the motion to refer Mr. BROWN. The resolution which went to the committee : the resolution to the Committee to Audit and Control the Con- provided for an inquiry into the subject of this corporation and ingent Expenses of the Senate. [Putting the question.] The its capitalization. The Senator from New Hampshire suggested ayes appear to have it. that the committee that considered it did not have a right to

.Mr. BROWN. I ask for a roll call on the proposition. amend that resolution. The yeas and nays were ordered.' · Mr. GALLINGER. Oh, no; not at all. The VICE-PRESIDEJ\TT. The Secretary will call the roll on Mr. BROWN. Then, the same resolution coming back here

the motion of the Senator from New Hampshire [Mr. GAL- amended--LINGER] to lay on the table the motion of the Senator from Mr. GALLINGER. A very .different one. Nebraska [Mr. BROWN] to refer the resolution. Mr. BROWN. It is different, but it treats of the same .

The Secretary proceeded to call the roll. subject-matter. Mr. DILLINGHAM (when' his name was called). I have a Mr. GALLINGER. Oh, no.

general pair with the senior Senator from South Carolina (Mr. Mr. BROWN. The same question is to be investigated. There · 'l"ILLMAN], who is detained by illness. I do not know how he is nothing new brought in except the method of procedure; · would vote, and so I will withhold my vote. that is all.

The roll call was .concluded. Now, then, as I suggested when interrupted, such resolutions : Mr. FLINT. I am paired with the senior Senator from as this have traveled the route in this body, but never before

Texas [Mr. CULBERSON], who is absent. If he were present, I has it been undertaken to sidetrack them to some other com-should vote "yea." mittee. Mr~ BRIGGS. I am paired with the junior Senator from I do not care, Mr. President, to reflect. on any committee; it

Arkansas [Mr. DAVIS]. If be were present, I should vote is not necessary; but the committee reflects on itself when it "yea." stands in the way of this procedure.

Mr. FLINT. I transfer my pair with the senior Senator Mr. GALLINGER. Mr. President--from Texas [Mr. CULBERSON] to the junior Senator from Michi- The VICE-PRESIDENT. Does the Senator from Nebraska gan [Mr. SMITH] and vote "yea." · yield to the Senator from New Hampshire?

Mr. BRIGGS. I transfer my pair with the junior Senator Mr. BROWN. I do. :from Arkansas [Mr. DAVIS] to the junior Senator .from Illi- Mr. GALLINGER. If the Senator from Nebraska will be as ' nois [?tfr. Lo&IMEB] and vote "yea." diligent in looking up precedents as he seems to have been in

The result .wai;; announced-yea·s 33, nays 30, as follows: certain other directions, he will find that no such subject-matter : YEAS-33. ever -went to any other committee in this Senate in all its his-

Aldrich Brandegee Briggs Bulkeley Burrows Carter Crane Cullom Dick

Borah Bourne Bristow Brown Burkett Burton Chamberlain Clapp

du Pont · Elkins Flint Gallinger Gamble Guggenheim Hale ;Johnston Kean

Lodge Scott tory, except to the Committe~ on the Distr;ict of Columbia. Martin Smith, Md. Mr. BROWN. This subject-matter went to this committee by · ~}h,0~ W~~~~and the consent of the chairman of the District Committee. He sat Page Warren here when the resolution was referred, and without objection ~~~i~: Wetmore allowed that committee to take jurisdiction; but when the com-Richardson mittee reports and makes a finding the report does not suit the Root Senator from New Hampshire. That is the trouble with it.

NAYS-30. Now, there is just one of two reasons why this resolution Clarke, Ark. Hughes Purcell should be taken away from the committee which has reported 8i~{vford f~n~~llette ~tt~,Ys. c. it and given to another committee: Either the committee that Cummins Money Stephenson has jurisdiction now, for some reason or other, is not fit to take w::fcier ~;~<>;an 1:~~l~rro charge further of the subject, or else the subject-matter should Frazier Paynter not be investigated by Congress. For which reason is it, I ask Gore Percy the chairman· 9f the Committee on the District of Columbia, that

NOT VOTING-29. he opposes the jurisdiction of this committee being retained-

li~Thead B!~=sl &c~~£tr ~~~;nMich. ~~~~h i~f :~e~~fn~e~~~ns; ~ti0 t~~t g~!u~e:'~n c~f~~~J~!~ Beveridge Depew McEnery Stone Organized in the District of Columbia. He might do so, but I . Bradley Dillingham Newlands Tillman apprehend that objection will not be raised. Therefore, the only Burnham Dolliver Owen Clark, Wyo. Foster Piles objection to this resolution must be that there should be no Culberson Frye Rayner inquiry. '

So the motion to lay the motion to refer on the table was Mr. GALLINGER. l\Ir. President, the Senator from Nebraska agreed to. . asks me a question, and I will answer it by telling .him that I

Mr. GALLINGER. I now move to refer the resolution .to the take no such position as that. The Committee on the District Committee on the District of Columbia. of Columbia has made several inquiries in reference to this

The VICE-PRESIDENT. The Senator from New Hampshire particular corporation and other corporations in the District of moves to refer the resolution to the Committee on the District Columbia; and whenever there is adequate reason for another of Columbia. inquiry that committee will make it, if the subject-matter is'

Mr. BROWN. Mr. President, I desire to discuss the resolution submitted to the committee. So far as the committee-this so­a moment before the vote on that motion is taken. Am I in called Committee on Corporations Organized in the District of order, Mr. President? Columbia-is concerned, it is well known that it is a minority .

The VICE-PRESIDENT. The Senator from Nebraska is in committee; that it was created to give a minority Member a order. chairmanship, and with no intention on the part of the Senate

Mr. BROWN. Ur. President, this is an unusual proceeding. that that committee should take jurisdiction of a matter which This resolution was considered, · as shown by the record of the belongs to one of the larger committees of the Senate. Senate, by one of its standing committees, and was reported to Mr. BROWN. If that be true, Mr. President, the Senator the Senate with no-division on the part of the comp:littee. It is from New Hampshire should have objected to a reference of a resolution providing for an investigation simply of facts relat-· this resolution originally to that committee. ing to one of the corporations which Congress oceated which Mr. GALLINGER. l\fr. President--does business in this District. The resolution, under the rule Mr. BRO"WN. It was the intention of the Senate at the tlme which I have read, naturally would go to the Committee to when the resolution was referred to give this committee juris­Audit and Control the Contingent Expenses of the Senate, be- diction.

XLV-203

3234 CONGRESSIONAL RECORD-SENATE. MARCH 16,.

Mr. GALLINGER. Why, Mr. President--The VICE-PRESIDENT. Does the Senator from Nebraska

yield to the Senator from New Hampshire? Mr. BROWN. I do. l\lr. GALLINGER. Mr. President, the chairman of the Com­

mittee on the District of Columbia did not object to the reference of the resolution because it was simply a resolution of inquiry asking the .Attorney-General to send certain facts to the Senate. I was Iiot opposed to that. I did not care where the resolution went. I was quite willing that the .Attorney-General should tell all he knew to the Senate; but the Senator-there was not method in his madness, but there was method in his shrewd­ness-when he got the resolution before his committee, or to the Committee on Corporations Organized in the District of Columbia--

Mr. BROWN. Mr. President, I do not understand the force of the point the Senator from New Hampshire undertakes to make when he suggests that this so-called committee-that is the term he used, this so-called committee-has not jurisdiction of this matter. The subject-matter is the same in the original resolution. He has admitted here that the committee had a right to amend it. If it had the Tight to amend it, that gave the committee jurisdiction of the subject Having that juris­diction, some reason must be shown why it should be taken away. There is only one reason that can be. urged; there is only one excuse that can be given for a vote in favor of taking this resolution from one committee and giving it to another, and that is opposition to the passage of the resolution.

There is nothing in this resolution that ought to alarm my friend or anybody else. It provides for an inquiry into the affairs of a corporation for which we and nobody else are re­sponsible. The annual report which Congress has compelled this corpora ti on to make to Congress, if there was nothing else to move us, ought to move us to make this investigation. Here is a report addressed to the Speaker of the House of Repre­sen ta tl ves, dated January 31, 1910. This resolution shows that a corporation organized and doing business in this District under an act of Congress has a capital stock of $2,600,000. It shows that the company declared last year two dividends. on that capitalization, one of 10 per cent and another of 10 per cent, making dividends of 20 per cent on the capital stock of $2,600,000.

Mr. President, that is not all. The company declared that dividend after they hnd paid 6 per cent interest on certificates of indebtedness aggregating $2,600,000, the same amount as the capital stock. Not only have they paid that interest and those dividends, but they expended $203,000 in betterments and im­provements. Not only that, but they had almost $200,000 left as .a surplus after these expenditures.

Now, I undertake to say that it is the duty of Congress, in the light of the fact that it is responsible for the corporation and what it does, to inquire into its capitalization and to inquire into its legality. The act that chartered this corporation pro­hibited it practically from running in debt. It discouraged that· and yet, in the face of that statute, there are existing certificates of indebtedness equal to the total capitalization. Congress can not sit idly by with these facts appearing on the record and decline to make an inquiry. . · Mr. President, I ask that the natural, the orderly, and the

usual procedure be allowed for this resolution that has attached to all other resolutions of this kind. I ask that it be referred to the committee which has made the report, and on the propo­sition to refer it to the Committee on the District of Columbia I ask for the yeas and nays.

The yeas and nays were ordered. Mr. MARTIN. Mr. President, · I desire to say a few words

before the vote is taken on this proposition. The Senator from Nebraska [Mr. B11owN] says he wants the usual, orderly, and cu'stomary course pursued in reference to this resolution. The usual, orderly, and customary course pursued in matters of this sort is for the Committee on the District of Columbia to have jurisdiction of matters which concern the people of this Dis­trict The questions in relation to the gas supply--

Mr. BROWN. l\Ir. President--. The VICE-PRESIDENT. Does the Senator from Virginia

yield to the Senator from Nebraska? .Mr. M.A.RTIN. I do. Mr. BROWN. If the Senator will cite me to a single prece­

dent where a resolution was reported by a committee provid­ing for an · lnvestiga tion and it was referred. to another committee than to the Committee to .Audit and Control the Con­tingent Expenses of the Senate, I will surrender my contention. The Senate never has done it. There can not be a precedent ot that kind :tonnd. - ·

l\Ir. GALLINGER. Mr. President, if the Senator from Virginia [l\ir. MARTIN] will permit me, I will say there are various prece­dents where matters have been presented here, and before going to the Committee to Audit and Control the Contingent Expenses of the Senate have been referred to other standing committees of this body. The RECORD is full of precedents of that kind.

Mr. MARTIN. Mr. President, there is no question about precedents, and there is no question about the fact that this very $ubject of the gas company in Washington has time and again been before the Senate and has always been referred to the Committee on the District of Columbia, where it properly belongs. . · .

Mr. BROWN. Mr. President-· -'··· • ' • · ; The VICE-PRESIDENT. Does the Senator from Virginia

yield to the Senator from Nebraska.? l\fr. MARTIN. I yield. Mr. BROWN. If it were a question as to which committee

the subject should go, that question was adjudicated and settled when the reference of the original measul'e was made.

Mr. GALLINGER. Not at all. Mr. BROWN. The Senate itself conferred jurisdiction upon

the Committee on Corporations Organized in the District of Columbia. That jurisdiction can not be disputed now. My friend from New Hampshire is mistaken when he undertakes to show there is a precedent for a resolution favoring an investi­gation reported by one committee being referred to some other committee for consideration, except to the Committee to .Audit and Control the Contingent Expenses of the Senate.

Mr. GALLINGER. Mr. President, if the Senator from Vir­ginia will permit me-

The VICE-PRESIDENT. Does the Senator from Virginia yield to the Senator from New Hampshire?

l\Ir. MARTIN . . Certainly. . l\Ir. GALLINGER. I am not mistaken at all on that point.

Frequently resolutions of this kind have, under the rule, been ordered by the Chair to the Commi'ttee to Audit and Control the Contingent Expenses of the Senate, but upon motion they have b~en sent for consideration and examination to another standing committee. Of course, if the second committee reported. it back, then it would go to the Committee to Audit and Control the Contingent Expenses of the Senate.

Mr. MARTIN. l\fr. President, there can be no doubt what­ever about the proper jurisdiction of this matter, and the ·sen­ator from Nebraska is very much mistaken if he thinks he jg the only man who can investigate this subject. It can be inves­tigated--

Mr. BROWN. Mr. ~resident-- ; . The VICE-PRESIDENT. Does the Senator from Virginia

yield to the Senator from Nebraska? Mr. MARTIN. Certainly. l\Ir. BROWN. If there is objection to my making the ·inves­

tigation, I would be glad to get off the committee. That is not it Mr. President, if the Senator makes the objection and asks this reference because the committee of which I happen to be a member is objectionable, I will not contend against it. I want that objection made, though. I do not want it put on any other ground than that the committee that reported this resolution is not the committee to make the investigation.

M:r. MARTIN. Mr. President, there is no personal objection to the Senator from Nebraska, but I want to say to the Senate that I do not belie'Ve he is the only m·an to conduct this investi­gation. I believe that the Committee on the District of Co­lumbia, which has proper jurisdiction over this matter, will give any question referred to it thorough and proper investi­gation.

The subject-matter involved now before the Senate does not belong to the Committee on Corporations -Organized in the Dis­trict of Columbia. There is no question about the organization of this corporation. It was chartered by Congress, and its or­ganization is perfected. There is nothing to investigate but the conduct of business as carried on by this corporation. , .·

It is a public utility in this District; and if it is not con­ducted properly, if anything is wrong in . the conduct of its business, it sh01;ild be investigated by the Committee on the District of Columbia, which has always had jurisdiction of that and like matters, and I protest against having the jurisdiction of the Committee on the District of Columbia invaded in this way. -

I hardly think the chairman of the Committee on Corpora­tions OrganiZ'ed in the District of Columbia would himself get up here and say that he thinks this investigation comes prop­erly before the committee of which he is chairman rather than

1910. CONGRESSIONAL RECORD-SEN.A.TE. 3235

before the Committee on the District of Columbia, which has always had juri diction of matters of this kind.

Mr. TALIA.FERRO. Mr. President--The VICE-PRESIDENT. Does the Senator from Virginia

yield to the Senator from Florida? Mr. MARTIN. I yield to the Senator from Florida. Mr. TALIAFERRO. Mr. President, I happen to be chairman

of the Committee on Corporations Organized in the District of Columbia. I was not present in the Senate when the original resolution was referred to the committee. I was present, how­ever, at a meeting of the committee when the resolution was considered. The question of jurisdiction had not been raised at all. I favored reporting back favorably the original resolu­tion in the form that it was sent to the committee. That reso­lution did provide for an inquiry into the legality of this cor­poration. The report of the committee was agreed upon in my necessary absence from Washington and was made after my return. It was held up out of deference to my wishes until I got back.

For my part, I never favored coming into the Senate and seeking authority as a committee to make any character of in­vestigation in the District of Columbia or elsewhere. I have been ready at all times, as a member of that committee, to in­vestigate as faithfully and as fairly and as efficiently as I couJd any matter that the Senate sent to the committee; and if the Senate sees fit to send this resolution, which the committee has reported, back to the committee for the investigation which it provides for, I shall be very happy indeed to do my part in con­ducting the investigation. I shall take no part, however, in now seeking to locate jurisdiction either in one or the other of these committees. I only say that, as chairman of the Commit­tee on Corporations Organized in the District of Columbia, I shall do my best with any matter that is referred to it. If the Senate sees fit to refer this investigation or the subject-matter of this investigation to the Committee on the District of Colum­bia, it will not be unsatisfactory to me.

Mr. MARTIN. Mr. President, the chairman of the Committee on Corporations Organized in the District of Columbia has said just what I would have expected the chairman of any commit­tee to say. He does not stand here seeking to invade the juris­diction and province of another committee. Of course, if the Senate sees fit to invade the jurisdiction of the Committee on the District of Columbia and to refer to his committee some­thing that_belongs to the Committee on the District of Colum­bia, he will conduct the investigation. If the Senate wants to inquire into the legality of the organization of this gas com­pany, it is well enough to let the Committee on Corporations Organized in the District of Columbia make that investigation. Everybody knows that that is not the purpose here. The sub­ject-matter involved is not the validity of the organization of this company, but it is the conduct of the business of this com­pany. The Committee on the District of Columbia has never failed to make a thorough, exhaustiv.e, and conscientious ex­amination into any matter that has been referred to it.

I simpJy desire to protest against this important matter, in­volving the welfare and the interest of the city of Washington and the District of Columbia, being taken from the committee which has jurisdiction of it and being referred to the Committee on Corporations Organized in the District of Columbia.

Mr. GALLINGER. Mr. President, I am not going to detain the Senate many minutes. There is a great deal that might be said on this question in answer to the observations of the Senator from Nebraska [Mr. BROWN], but the motion before the Senate is simply a motion as to the jurisdiction of the com­mittees of this body.

When I first came to this body, nineteen years ago, I made a request that I should not be placed on two committees of the Senate-one was the Committee on Claims and the other was the Committee on the District of Columbia-but in the wisdom of the Committee on Committees I was made a member of the Committee on the District of Columbia. I accepted the assign­ment, and have remained a member of that committee for nine­teen years. Durmg that time many questions reJating to the public utility corporations in the District have come before the committee, which have been examined with care, inquired into conscientiously, and I think there is no ground of complaint as to the manner in which that committee has performed its duty.

The history of gas in this city is the history of gas every­where else. OriginalJy the citizens of this District paid $8 a thousand for gas, and the company that was then organized, with $50,000 capital, failed and loi;;t all their money. The matter has gone along from time to time, and the price of gas has been reduced; in fact, I think it is the -only commodity that can be named that has been constantly reduced in the United States.

There may be instances where the price of gas has been in­creased. but I do not remember them, and certainly that is not true in the District of Columbia.

In 1896, Mr. President, when the late lamented Senator from Michigan, Mr. McMillan, was chairman of the Committee on the District of Columbia and I was an humble member of it, we took up the subject of the price of gas in the District of Co­lumbia. Upon my motion an amendment was agreed to reduc­ing the price. Gas was then selling at $1.50 in Georgetown and . $1.25 in Washington; the reduction was made at the rate of 5 cents a thousand feet per year until it reached $1, and in Wash­ington that point was reached in 1901. Since then the com­pany has voluntarily reduced the price to 90 cents; and yet, while the citizens of Washington are not complaining-not one single complaint, so far as I know, has come to any member of the Committee on the District of Columbia-certain Senators who have heretofore not dealt with matters of that kind think it is their duty to take this matter up and have a dragnet in­vestigation in reference to matters connected with this company.

Mr. BROWN. Mr. President--The VICE-PRESIDENT. Does the Senator from New Hamp­

shire yield to the Senator from Nebraska? Mr. GALI.INGER. Certainly. Mr. BROWN. Then, the Senator wants the resolution re­

ferred to his committee because he thinks the investigation un-necessary. ·

Mr. GALLINGER. The Senator does not want it referred to his committee for any such purpose. The chairman of the Com­mittee on the District of Columbia stated a little while ago, and I will repeat it-and I hope the Senator from Nebraska, who is a very intelligent man, will allow it to creep into his gray matter-the chairman of the Committee on the District of Co­lumbia said that, if any adequate complaint was made to that committee, an investigation would be made. I repeat that state­ment; and that is all I have to say on that point.

Mr. BROWN. I understood the Senator, if he will pardon me, to say that none had been made, and therefore the logic of his statement was that no investigation should be made.

Mr. GALLINGER. The logic of my statement is not that. The logic of the statement I made is that what has not been done may be done, and it may be done to-morrow, and perhaps the Senator from Nebraska, and certain men with whom he is cooperating, can stir up interest enough in the District to get somebody to complain.

Mr. President, I am not going to enter into any disagreeable controversy over this matter. I have no disposition to do that; but I want to say that the affairs of the public-utility corpora­tions in this District have been very carefully looked into by the Committee on the District of Columbia and by Congress. I remember the time when we rode from the Capitol on a bobtail car to the foot of the hil1, each man his own conductor, and a boy came down on a dilapidated old horse or mule and helped pull the next car up. I well remember that; and yet to-day we have the best underground electric railroad system in all the world, with the cheapest fare, with one exception, that can be found in the United States:

We have not been negligent in these things; and, in reference to this gas company, we have insisted that it should do the right thing for the people of the District. What ha>e we insisted upon? They are charging 90 cents a thousand feet at the present time, and we are requiring them to maintain a candle­power of 22, and during the last year that candlepower has actually been 23&. Last year we required the company to keep its books according to a form prepared by the Interstate Com­merce Commission, which they are doing. What are the facts about other companies in this country? I addressed a letter to the mayors of 17 cities about the size of Washington-some of them a little larger-asking them as to the price of gas and its candlepower. I have letters from 15 of those cities. Milwaukee and San Francisco did not respond. The facts given in these letters show that the average price of gas in those 15 cities was a little over $1, while in Washington we are getting gas for 90 cents. ':the averagef candlepower in those cities was 17, as against 22 in the city of Washington, and the difference between 22 and 17 candlepower is a difference in cost of at least 5 cents on a thousand feet of gas. I will not weary the Senate by read­ing these letters, but any Senator can see them who is interested in the subject.-

Mr. President, I have been interested in watching the zeal and earnestness and patriotism which the Senator from Nebraska displays in reference to this subject of gas in the District of Columbia. I have wondered how it was in Nebraska. I was home two or three months ago, and the people in the city of Concord, N. H., were having a jubilee over the fact that gas had been reduced from $1.45 to $1.35 a thousand feet; and it

3236 QONGRESSIONAL RECORD-SENATE. ~fAROH 16,

just occurred to me that possibly the same condition existed in Nebraska. So, the other day I addressed a letter to the city clerk of Kearney, Nebr., where I believe the Senator lives, and he replied:

The following 1s answer to communication: Price, $1.75 per thousand feet, with a di count of 10 per cent il paid 011 or before the 8th ot the month following. service.

The average flame of each lamp to be equal to that of 16 standard sperm candlepower.

So that the people in the city of Kearney, Nebr., are paying, after they get a discount-if they get itr and a great many of them do not get it-$1.57! a thousand feet of 16 candlepower, and yet Uie Senator's soul is harrowed over the fact. that the people of Washington are getting gas at 90 cents a thousand feet with 22 candlepower.

Then I extended my inquiries to the city of Lincoln, in Nebraska, and I find that gas is sold there at $1.20 a thousand cubic feet, with a penalty of 5 per cent added. They do not reduce the price there; they add to it. The candlepower in that city is 18, which is a difference of at least 5 cents a thousand feet between the candlepower of gas in that city and the candle­power of gas in the city of Washington.

Then I inquired as to the city of Omaha, and I found there that the people are paying $1.25, with a discount of 10 per cent if paid on or before the 10th day of each month. That means, if they get their discount, they are paying $1.121 for gas in the city of Omaha, as against 90 cents in the city of Wash­ington.

The city of Milwaukee did not reply to my inquiry, which I made a little while ago, and I had a little curiosity to know how things were in Milwaukee, so I looked into that matter. I find there are two companies there. The Milwaukee Coke and Gas Company has a capital of $1,500,000. It has an output of 3,000,000 cubic feet. Their output is one ftve-hundred-and-fifty­ftfths of that of the Washington company, while their capital stock is over one-fourth as much. Some people are complaining about the capital stock of the Washington Gas-Light Company, but it will be seen that it is infinitesimal as compared with that of the Milwaukee Coke and Gas Company.

Then I took the Milwaukee Gas-Light Company, which has an . output of a little over 2,000,000,000, an amount almost identical with that of the Washington Gas-Light Company. That com­pany has a capital stock of $5,500,000, bonds of $8,111,000, or a total capitalization of $13,611,000, or over two and a quarter times the capital stock and bonds of the Washington Gas-Light Company.

Then take the Oity of Superior, in Wisconsin. The capital is $1,000,000, the bonds $1,800,000; total, $2,800,000; output, 47,-000,000 cubic feet. The output of the Washington company is 42· times that of Superior, and the capital stock is only twice as much.

Now, l\Ir. Pre ident, it is well enough for us to keep in mind some of these facts and not allow ourselves to be swept off our feet by charge that the people of Washington are being so greatly oppressed because of the neglect of the Committee on the Dis­trict of Columbia to keep these corporations, which are char­tered by Congress, within their proper limits.

l\fr. BROWN. Mr. President--The VICE-PRESIDENT. Does the Senator from New Hamp­

shire yield to the Senator from Nebraska? Mr. GALLINGER. Certainly. Mr. BROWN. It appears that the Senator himself has made

quite an investigation of this subject. Mr. GALLINGER. I have~ I made it two years ago-some

of it. Mr. BROWN. I de ire to inquire what dividends these cor­

porations from which he has gotten his information have been paying on their capitalization?

Mr. GALLINGER. I did not make inquiry about that, but if it is a Nebraska corporation it is paying all it can under existing conditions, no doubt.

l\fr. BROWN. The reflections on Nebraska corporations may amuse the Senator from New Hampshire. We hav corpora­tions out there, but they obey the law.

Mr. GALLINGER. Yes. Mr. BROWN. And they do not violate their charters, as this

company has done. That is the difference. Mr. GALLINGER. That is a matter which has been inquired

into over and over and over again. People are constantly talking about the Spooner investigation. That investigation was made a good many years ago by Senator Spooner. It was a very exhaust­ive investigation. I have the report in my hand. When Senator Spooner got th1·ough he recommended that an investigation, in place of being made by a committee of Congress-and he had spent months upon it-should be made by a board to be ap-

pointed by the Secretary of War. With all his ingenuity and his genius, he said it was a question in his mind whether Con­gress could specifically determine these questions in regard to the price of gas, the cost of gas, and all the elements entering into its production and its distribution. .

Sen.ator Spooner at that time made a suggestion. He said he was not sure, but he thought possibly this company ought to furnish gas at $1 a thousand. It furnishes it now at 90 cents, and I ~ave no doubt that many of the men who are in this ~ody, now will be here when a still further reduction is made, be­cause it is the purpose of the Committee on the District of Co­lumbia, over and over again expressed, to see that public-utility, corporations in the District of Columbia shall deal fairly with their patrons; that they shall furnish whatever they are sup­plying to the public at a reasonable cost. The1·e never has been any disposition on the part of the committee, as a whole or any member of it, to do otherwise than to deal fairly between the corporations and the people of this capital city of the Nation, and that I shall continue to do, no matter what criticisms may be made as to my conduct.

Mr. President, there is very much more that might be said. Questions have been raised that can easily be answered; but, as I said before, thi.s question, after all, is one of jurisdiction, and I am content to have the motion put to the Senate.

Mr. LODGE. Mr. President, I know nothing of the merits of the question involved in the subject-matter of this resolution, but there is also a question involved in this resolution which affects the method of procedure of the Senate, and which I think deserves the attention of all Members of the Senate. This resolution as originally introduced was simply to the effect "that the Attorney-General of the United States be requested to inform the Senate what legal authority, if any, exists for the present capitalization of the Washington Gas-Light Com­pany, a corporation existing and doing business in the District of Columbia, and what legal authority, if any, exists for an increase of the present capitalization of said corporation." That was merely a resolution of inquiry, of which we have two or three almost every morning. It required on its face no refer­ence to a committee at all. It was simply a request for infor­mation from the head of a department, and nothing else. It goes to a committee, as some of those resolutions smetimes do . It comes out of that committee with the original resolution effaced and a new resolution substituted. It is a complete sub­stitution, in the nature of an amendment.

The new resolution ls a totally different resolution. It pro­vides for an investigation by Congress of a corporation in the District of Columbia. That may be needed or may not be needed. I know nothing of the facts in regard to it. But the new resolution involves a matter which is distinctly within the province of another committee. On that there can be no ques­tion.

Mr. BROWN. Mr. President--The VICE-PRESIDENT. Does the Senator from l\Iassachu­

setts yield to the Senator from Nebraska? Mr. LODGE. Certainly. Mr. BROWN. Will the Senator explain what province the

Committee on Corporations Organized in the District of Co­lumbia has, if any?

Mr. LODGE. Its theoretical province ls the organization of corporations. Its actual province is none.

Mr. BAILEY. It is to furnish a chairmanship. Mr. LODGE. Yes; to furnish a chairmanship," and that is

all it has ever been. Mr. GALLINGER. To furnish a chairmanship to a minority

Member. Mr. BROWN. It is one of the standing committees of the

Senate, is it not? Mr. LODGE. It is. Mr. BROWN. And a subject-matter referred to that com­

mittee by, the Senate would give the committee jurisdiction of that subject-matter, would it not?

Mr. LODGE. Not necessarily, if the Senate chooses to re-verse it.

Mr. BROWN. It would not? Mr. ALDRICH. Mr. President--Mr. LODGE. One moment, Mr. President. I believe I have

the floor. l\ly point is not the point the Senator from Nebraska is discussing. My point is that here is a resolution which .calls for information from a department; it goes to a committee and comes out transmuted into a resolution for a sweeping investi­gation of a corporation in the District. Now, that investiga­tion may or may not be necessary; I do not pretend to say; but if it is necessary, it certainly belongs to the committee which ever since I have been in the Senate has had that mat­ter in charge. To take this away from the District of Colum-

1910. CONGRESSIONAL RECORD-SENATE. 3237 bia Committee-a new subject, which was not in the resolu­tion in the least as the Senate referred it to the Committee on the Organization of Corporations in the District of Columbia­would be a reflection on that coinmittee which I have neyer seen placed by the Senate on any committee of this body.

1\fr. BROWN. Mr. President--The VICE-PRESIDENT. Does the Senator from Massachu­

setts yield to the Senator from Nebraska? Mr. LODGE. Certainly. Mr. BROWN. The reflection would be on the committee that

now has jurisdiction of the subject-matter. Mr. LODGE. Not in the least. Mr. BROWN. It has been given jurisdiction. The proposi­

tion is to take it away from the committee. The reflection is on that committee, and not on any other committee.

Mr. LODGE. The Senate never gave the Committee on the Organization of Corporations in the District of Columl>ia juris­diction of the subject-matter of this resolution as amended. It never in the world gave it. The Senate gave them jurisdiction over a request for information from the Attorney-General of the United States, and now comes in a totally different resolution, in the nature of an amendment, of which the Senate never gave the committee jurisdiction at any time. We are not taking from that committee any jurisdiction we have conferred. If the motion of the Senator from New Hampshire prevails, we are declining to give them jurisdiction over subject-matter which was never referred to that committee. Now I will listen to the Senator. ·

Mr. BROWN. I direct the Senator's attention to this fact: The original resolution was, · as he states, an inquiry for the opinion of the Attorney-General of the United States on the legality of the capitalization of the company.

Mr. LODGE. And that was all. Mr. BROWN. It further inquired what legal authority, if

any, existed for certain certificates of indebtedness. Mr. LODGE. It did not ask his opinion. It asked for in­

formation. Mr. BROWN. What legal authority, if any, there was for its

existence? Mr. LODGE. Certainly. l\fr. BROWN. What is the difference between that resolution

and this one? That resolution sought the judgment of the Attorney-General to find out certain facts. The resolution sub­stituted sends out a committee of Congress to investigate and find out for itself the facts.

Mr. LODGE. Mr. President, I yielded for a question. Mr. BROWN. The subject-matter is the same. OnJy the

method of getting the information is different. Mr. LODGE. On the Senator's own statement it is obvious

that they are two entirely different propositions. One is a reso­lution asking information from the Attorney-General. The other is a resolution for an inquiry by a committee of this body. If the resolution had been introduced into the Senate in the

· form in which it stands in the amendment, it would never have been allowed by the Senator from New Hampshire, or by the Senate, to go to any other committee than the Committee on the District of Columbia-never for a moment

l\fr. ALDRICH. Mr. President--The ·y1cE-PRESIDENT. Does the Senator from Massachu­

setts yield to the Senator from Rhode Island? l\lr. LODGE. Certainly. Mr. ALDRICH. I desire to enter a protest against the new

doctrine which the Senator from Nebraska seems to want to establish, that the informal reference to a committee gives it permanent jurisdiction oyer a subject to which it otherwise would not be entitled, and that the Senate is therefore precluded from sending a matter to the committee which is entitled to jurisdiction over it. Bills and resolutions are offered here every day, and it is Yery easy for a Senator who prepares a resolution and presents it to ask that it be referred to a par­ticular committee of which he is a member-that has been done many times in the history of the Senate-which commit­tee clearly is not entitled to jurisdiction; and the Senate after­wards, in numberless cases, has exercised the right which was within its power, for I assume a majority of the Senate has the right to control its business, to send it to the proper com­mittee. The mere fact that there was introduced and informally, without discussion, referred to a com.mittee--whether the Sen­ator offering it is a member of that committee is of no conse­quence-a resolution on a subject which was clearly within the jurisdiction of another committee, as this was, is not conclu­sive on the Senate. The Senate has repeatedly taken bills away from one committee and properly referred them to an­other.

Mr. LODGE, Mr. BROWN, Mr. SHIVELY, and others. ad­dressed the Chair.

The VICE-PRESIDENT. Does the Senator from Rhode Island yield? There are several Senators desiring to interrupt him.

Mr. LODGE. I merely wish to enter the fact that I have not yielded the floor.

The VICE-PRESIDENT. The Senator from Massachusetts has the floor.

Mr. LODGE. I yielded to the Senator from Rhode Island. l\ir. BROWN. Will the Senator yield to me for a moment? l\fr. LODGE. Certainly. Mr~ BROWN. The Senator from Rhode Island says it has

frequently happened that bills referred to one committee are afterwards brought back and given to another committee. That is. true; but always with the consent of both committees.

Mr. LODGE, Mr. ALDRICH, Mr. GALLINGER, and others. Oh, no.

Mr. BROWN. Will you finLl me a precedent where the com­mittee that brought in the resolution--

Mr. GALLINGER. The woods are full of them. Mr. BROWN. Or that reported the bill lost jurisdiction when

it protested against losing it? l\lr. SHIVELY. Will the Senator yield for a question? Mr. LODGE. To the Senator from Indiana, certainly. Mr. SillVELY. Will the Senator from Massachusetts present

a precedent where, after a resolution has been reported to the Senate, the reference has been changed?

.Mr. LODGE. If the Senator will give me time to look at the RECORD I can find plenty, I think, at this session. It is the com­mone t possible practice. I have been here a number of years, and I never before heard it questioned.

~Ir. BROWN. But over the objection of the reporting com­mittee?

Mr. LODGE. Certainly. I have seen the reference changed here just as I have seen it done in the House.

l\1r, SHIVELY. The Senator may be right, but it ought to be very easy to produce those precedents if they exist.

Mr. LODGE. At this session I have had changed the refer­ence of a bill which I thought belonged to the Committee on the Philippines.

?!fr. CUMMINS. Mr. President--The VICE-PRESIDENT. Does the Senator from Massachu­

setts yield to the Senator from Iowa? l\1r. LODGE. Yes. Mr. CUMl\IINS. I rise only to state that the debate seems to

be proceeding upon a misapprehension. Mr. LODGE. I think not. Mr. CUMMINS. It is assumed that the committee to which

this resolution was originally referred was not the proper com­mittee to consider the subject embraced in the resolution re­ported by it; and that impression has been given by reciting erroneously the title of the committee. It has been named several times as the Committee on the Organization of Corpora­tions in the District of Columbia. The committee is not so named. The committee is called the "Committee on Corpora­tions in the District of Columbia."

l\Ir. LODGE. Certainly. .Mr. CUMMINS. So it would seem to have jurisdiction with

respect to any matter pertaining to a corporation organized in the District of Columbia.

1\fr. LODGE. I was quite aware of the phraseology of the title of the committee. It does not in the least alter my propo­sition. I am under no misapprehension whatever. My proposi­tion is that to send a resolution of one character to any com­mittee-I do not care how it is named-and to bring out one of a totally different character on a subject which by universal practice has always been within the jurisdiction of another committee, if persisted in will throw into confusion the entire system of doing business in the Senate. We should have an endless contest over jurisdiction in the Senate all the time and every day.

Mr. GALLINGER. Mr. President--The VICE-PRESIDENT. Does the Senator from Massachu­

setts yield to the Senator from New Hampshire? Mr. LODGE. Certainly. Mr. GALLINGER. If the Senator will permit me, I wish

simply to call attention to one fact, which is of some conse­quence, and that is that the Committee on the District of Coll1ID­bia is divided into subcommittees, and one of those subcom­mittees is the subcommittee on public utilities, of which the honored Senator from Montana [Mr. CARTER] is chairman. Hav­ing always supposed that we had jurisdiction over these mat­ters, a subcommittee was appointed to consider them.

3238 CONGRESSIONAL RECORD-SENATE. }fARCH 16,

I will say while ram on my feet, if the Senator will permit me that had this resolution, in the form it has come to the Se~ate from the committee, been presented to this body, it would not have gone to that committee without a contest. I should certainly have resisted it to the end. But as it was a mere matter of inquiry of the Attorney-General, I did not care where it went.

Mr. SHIVELY. It is still merely a matter of inquiry. Mr. GALLINGER. Well, not quite. Mr. BROWN. It will not be if it is referred to that com­

mittee. Mr. GALLINGER. The chairman of the committee resents

any such insinuation. Mr. BROWN. Mr. President--Mr. LODGE. l\Ir. President, I believe I have the floor. The VICE-PRESIDENT. The Senator from Massachusetts

has the floor. Mr. BROWN. Then I have it.not? The VICE-PRESIDENT. You have it not. Mr. LODGE. You have it not. Mr. President, this is a precise example of the evil that I saw

in this system of doing business-to introduce a little resolu­tion asking the head of a department for information, which goes without objection to a committee, and to have it come out a totally different resolution. It never would have had that reference if it had been introduced originally in the form in which it is reported. It seems to me that is not the proper way to transact the business of the Senate. If the resolution had originally been introduced in the form it is to-day, we could have debated the question to what committee it belonged. But the fact that a committee has jurisdiction of one resolution does not give it jurisdiction of another resolution totally different from it.

What I am contending for is the proper method of procedure in the Senate, and it seems to me we want to observe the proper lines of jurisdiction and to take this entirely new subject, which was not in the original resolution, from the Committee on the District of Columbia, which had no opportunity to say a word about it when the original resolution was introduced, as I said a moment ago, is a direct reflection on that committee, one of the hardest worked and most faithful committees of this body.

The Senator from New Hampshire has been on that com­mittee as he says, for nineteen years; he has been for many years its chairman, and the Senate knows how laborious that position has been and how faithfully and how conscientiously he has filled that high position and what work he has done for the city of Washington, and, I think, Mr. President, it is most unfortunate that this situation has arisen. I hope the Senate will adhere to its practice of recognizing carefully the lines which mark the jurisdiction of committees and which give to certain large standing committees of the Senate certain sub­jects for their consideration.

The VICE-PRESIDENT. The question is on agreeing to the _ motion of the Senator from New Hampshire to refer the reso­lution to the Committee on the District of Columbia. The Sec­retary will call the roll.

The Secretary proceeded to call the roll. Mr. FLINT (when his name was called). I am paired with

the senior Senator from Texas [Mr. CULBERSON]. I transfer the pair to the junior Senator from Michigan [Mr. SMITH] and will vote. I vote " yea."

Mr. GUGGENHEIM (when his name was called). I have a general pair with the senior Senator from Kentucky [Mr. PAYNTER], who is necessarily absent. If he were present, I should vote " yea."

The roll call was concluded. Mr. BRIGGS. I have voted in the affirmative. In pursu­

ance of the announcement made earlier in the day, I transfer my pair with the junior Senator from Arkansas [Mr. DAVIS] to the junior Senator from Illinois [Mr. LoRIMER]. I will let the announcement stand for the remainder of the day.

Mr. DILLINGHAM. I wish to inquire whether the Senator from Washington [Mr. PILES] has voted?

The VICE-PRESIDENT. He has not. Mr. DILLINGHAM. I transfer my general pair with the

senior Senator from South Carolina [Mr. TILLMAN] to the Senator from Washington [Mr. PILES] and will vote. I vote "yea."

Mr. CHAMBERLAIN (after having voted in the negative). I have a general pair with the _junior Senator from Pennsyl­vania [Mr. OLIVER], who is not present. I therefore withdraw my vote.

The r~sult was announced-yeas 37, nays 25, as follows:

Aldrich Bradley Brandegee Briggs Bulkeley Burnham Burrows Carter Crane Cullom

Borah Bourne Bristow Brown Burkett Burton Clapp

Dick Dlllingham du Pont Elkins Flint Gallinger Gamble Hale Johnston Kean

YEAS-37. Lodge Martin Nixon Overman Page Penrose Perkins Richardson Root Scott

NAYS-25. Clarke, Ark. Jones Clay La Follette Cummins Money Dixon ' Nelson Fletcher Owen Gore Percy Hughes Purcell

NOT VOTING-30. Bacon Curtis Guggenheim Balley Daniel Heyburn B~nkhead Davis Lorimer Beveridge Depew Mc Cumber Chamberlain Dolliver McElnery Clark, Wyo. Foster Newlands Crawford Frazier Oliver Culberson Frye Paynter

So the motion to refer was agreed to. PELAGIC SEALING.

Smith, Md. Smoot Stephenson Sutherland Wa1·ner Warren Wetmore

Shively Smith, S. C. Taliaferro Taylor

Piles Rayner Simmons Smith, Mich. Stone Tillman

Mr. DIXON. Mr. President, while the jurisdiction of com­mittees has been under debate, I want to ask for the reference of the President's message of yesterday regarding the fur-seal question to the Committee on Conservation of National Re­sources. That committee during the past month has had that question under consideration, has held one extensive hearing, and has had communications with the Secretary of Commerce and Labor, ap.d, I think, has gone into the matter quite fully. I believe that through an inadvertence of the Chair the message was referred to the Committee on Foreign Relations instead of the Committee on Conservation of National Resources. I should like to ask unanimous consent for a rereference of the message,

Mr. KEAN. The chairman of the Committee on Foreign Re­lations is not at this moment here, but I will say to the Senator from Montana that the Committee on Foreign Relations has had that subject before it many times, and I should object at the present time to unanimous consent. If the Senator chooses, he can enter a motion to discharge the Committee on Foreign Relations from the consideration of the message, with a view to its reference to his committee, and we can dispose of it to­morrow.

Mr. DIXON. Then, Mr. President, I now move that the Com­mittee on Foreign Relations be discharged from the further consideration of the President's message received yesterday and that the message be referred to the Committee on Conservation of National Resources.

Mr. KEAN. It requires unanimous consent. l\Ir. ROOT. Mr. President, I think the Senator from Mon­

tana is mistaken in the idea--Mr. ALDRICH. I suggest that the matter go over. The

motion can not be made at this time except by unanimous con­sent.

Tl;le VICE-PRESIDENT. Objection is made to the consid­eration of the motion at this time. The motion is entered.

Mr. DIXON. Then I will ask that the Senate take it up to-morrow.

COURT OF COMMERCE, ETO.

Mr. KEAN. I move that the Senate proceed to the consider­ation of the unfinished business.

There being no objection, the Senate, as in Committee of the Whole resumed the consideration of the bill {S. 6737) to create a cou~t of commerce and to amend the act entitled "An act to regulate commerce," approved February 4, 1887, as heretofore amended, and for other purposes.

Mr. CUMMINS resumed the speech begun by him yesterday. After having spoken, with interruptions, for three hours and ten minutes,

Mr. GALLINGER. Mr. President--The VICE-PRESIDENT. Does the Senator from Iowa yield

to the Senator from New Hampshire? Mr. CUMMINS. I do. . Mr. GALLINGER. I should like to ask the Senator from

Iowa what his pleasure is, and whether he desires to go on fur­ther to-day. He has occupied the floor for a considerable time. Would he prefer to continue to-morrow?

1910. CONGRESSIONAL RECORD-HOUSE. 3239 l\Ir. CUMMINS. I am deeply chagrined in discovering that

I am not able to finish my consideration of this bill to-day. I apologize, but accompany my apology with the suggestion that I have occupied a minor part of the time in which I have been technically given the floor. '~herefore, if it is the pleasure of the Senate, I would be glad to be relieved at this time, to resume to-morrow whenever the bill is taken up.

[For Mr. CuMMINs's entire speech see Senate proceedings of March 18.]

EXECUTIVE SESSION.

Mr. GALLINGER. I move that the Senate proceed to the consideration of -executive btisiness.

The m6tiori was agreed 'to; and the Senate proceeded to the consideration of executive business. .After five minutes spent in executive session the doors were reopened, and (at 5 o'clock and 5 minutes p. m.) the Senate adjourned until to-morrow, Thurs­day, March 17, 1910, at 12 o'clock meridian.

NOMINATIONS. Executive n01ninatiof48 received by the Senate March 16, 1910.

PROMOTION IN THE NA VY.

Naval Constructor Henry Williams, with the rank of lieuten­ant, to be a naval constructor in the navy with the rank of lieu­tenant-commander from the 12th day of March, 1910.

PROMOTIONS IN THE ARMY. SIGNAL CORPS.

Capt. Daniel J. Carr, Signal Corps, to be major from March 14, 1910, vice Maj. Eugene 0. Fechet, retired from active service on that date.

INFANTRY ARM.

Lieut.. Col. William T. Wood, infantry, unassigne~ to be colonel from March 12, 1910, vice CoL George F. Cooke, Nine­teenth Infantry, retired from active service on that date.

Maj. Harry L. Bailey, Second Infantry, to be lieutenant­colonel from March 12, 1910, vice Lieut. Col. Charles G. Morton, Fifth Infantry, detailed as inspector-general on that date.

Capt. William Weigel, Eighteenth Infantry, to be major from March 12, 1910, vice l\Iaj. Harry L. Bailey, Second Infantry, promoted.

First Lieut. James G. Hannah, Tenth Infantry, to be captain from March 12, 1910, vice Capt. William Weigel, Eighteenth In­fantry, promoted.

Second Lieut. Ellery Farmer, Twenty-sixth Infantry, to be first lieutenant from March 12, 1910, vice First Lieut. James G. Hannah, Tenth Infantry, promoted.

CONFIRMATIONS. Executive nominations confirmed by the Senate Mm·ch 16~ 1910.

POSTMASTERS.

CONNECTICUT.

James A. Pitkin, at Portland, Conn. ILLINOIS.

Fred C. Kile, at Blue Island, m Eld~ard F. Ledoyt, at Sandwich, IlL Harry B. Ward, at Duquoin, ill

IOWA.

A. W. Jackson, at West Liberty, Iowa. John R. Smull, jr., at Stuart, Iowa.

MAINE.

Fitz M. Fish, at Hallowell, Me. Newton H. Fogg, at Sanford, Me. Winthrop 0. Fogg, at Freeport, Me. Reuel W. Norton, at Kennebunk Port, Me. William Stackpole, at Saco, Me.

MA~SA.CHUSETTS.

Benjamin F. Brooks, at Barre, Mass. George G. Cook, at Milford, Mass. Louis C. Hyde, at Springfield, Mass.

MICHIGAN,

Arthur L. Fitch, at Charlevoix, Mich. Richard M. ;Johnson, at Middleville, Mich. William B. Kelly, at Tawa.s City, Mii!h. George w. Moulton, at Belding, Mich. Lester R Place, at Three Rivers, Mich. Judson M. Spore, at Rockford, Mich.

MISSISSIPPI.

W. C. Peel, at Greenwood, Miss.

NEW H~SHIRE.

Eugene Lane, at Suncook, N. H. NEW JERSEY.

De Witt C. Winchell, at Carteret, N. J. NORTH CAROLINA.

Charles F. l\IcKesson, at Morganton, NJ C. omo.

Charles E. Hard, at Portsmouth, Ohio. Frank M. Martin, at Woodsfield, Ohio.

PENNSYLVANIA..

Edward C. Dithrich, at Coraopolis, Pa. William G. Miller, at Yatesboro, Pa.

WEST VIRGINIA.

Sira W. Willey, at Hlnton, W. Va. WYOMING,

Elmer T . Beltz, at Laramie, Wyo_ Frank C. Fawcett, at Newcastle, Wyo.

HOUSE OF REPRESENTATIVES. · WEDNESDAY, M areh 16, 1910.

The House met at 12 o'clock noon. Prayer by the Chaplain, Rev. Henry N. Couden, D. D. The Journal of the proceedings of yesterday was read and

approved. • SWEARING IN OF A MEMBER.

The SPEAKER. The Cha.ir lays before the House the follow­ing credentials.

The Clerk read as follows: Co.MMONWEALTH {)Ji' VIRGINIA :

This is to certify that at a meeting of.the board of state canvassers, held at the ofil.ce of the secretary of the Commonwealth the 15th day o:t March, 1910, on an examination of the ofil.eia.l abstract of votes on file in that office, it was ascertained and determined that at the speeial election, held on the first Tuesday after the first Monday in March, 1910, for Member of Congress, R. TURNBULL was duly elected a Member of the House of Representatives for the Fourth Congressional District of Vir­ginia for the unexpired term prescribed by law.

Given under my hand and seal of office at Richmond this 15th day of March. 1910.

[SEAL.] B. 0. JAMES, Secretary of the Oommo1t.wealtl•.

The SPEAKER. If the Member-elect is present, he will pre­sent himself before the bar of the House and take the oath of office.

Mr. R. TuRNBULL, Representative-elect from the .Fourth Con­gressional District of Virginia, presented himself t;>efore the bar of the House and took the oath of office.

MESSAGE FROM THE SENA.TE.

A message from the Senate, by Mr. Crockett, one of its clerks, announced that the Senate had passed with amendments bills of the following titles, in which the concurrence of the House of Representatives was requested :

H. R. 19959. An act granting pensions and increase of pensions to certain soldiers and sailors of the civil war and certain wid­ows and dependent relatives of such soldiers and sailors;

H. R. 20480. An act granting pensions and increase of pensions to certain soldiers and sailors of the civil war and certain wid­ows and dependent relatives of such soldiers and sailors; and

H. R. 20490. An act granting pensions and increase of pen ions to certain soldiers and sailors of the Regular Army and Navy, and certain soldiers and sailors of wars other than the civil war, and to widows and dependent relatives of such soldiers and sailors.

The message also announced that the Vice-President had ap­pointed l\Ir. PERcY a member of the Joint Immigration Commis­sion on the part of the Senate, as provided for in the act of February 20, 1907, entitled "An act to regulate the immigra­tion of aliens into the United States," in place of Mr. McLaurin, deceased.

The message also announced· that the Senate had agreed to 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. 15816) to amend an act entitled "An act to regu· late the immigration of aliens into the United States," approved February 20, 1907.

The message also announced that the Senate had passed bills and joint resolution of the following titles, in which the concur­rence of the House of Representatives was requested:

S. 1056. .An act for the relief of Benjami.Ii Hyde; S.1751. An act to amend an act entitled "An act creating the

Mesa Verde National Park," approved June 29, 1906;