congressional record-sen ate. - gpo pension to william s. whitley; to the committee on pen sions. by...

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1922. CONGRESSIONAL RECORD-SEN ATE. 437 ADJ'OURNMENT. l\Ir. l\IONDELL. Mr. Speaker, I move that the House do now adjourn. The motion was agreed to. Accordingfy (at 3 o'clock and 24 minutes p. m.) the House, under the order previously agreed to, adjourned until Friday, December 1, 1922, at 12 o"clock noon. REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS. Under clause Z C1f Rule XTII, Mr. LANGLEY: Committee on Public Buildings and Grounds. H. R. 12.1..74. A bill to authorize the Attorney General to convey certain land of the United States to Fulton County, Ga.1 to widen l\IcDonough Road in front of the United States peni- tentiairy; wit.b.Qut amendment ( Rept. No. 1261). Referred to the Committee of the Whole Hause on the state of the Union. REPORTS OF COMMITTEES ON PRIVATE BILLS AND RESOLUTIONS. Under cl-au e 2 o:1l Role XIII, 1\fr. VOLS'l'EAD: Committee on the Judiciary. S. 4025. An act to permit l\fahlon Pitney, an associate justice of the Supreme Court of the- United States, to r· etire; without amendment (Hept. N<J. 1262). Refet·red to the Committee of the Whole House. PUBLIC BILLS, RESOLUTIONS, AND Under clause 3 of Rule XXII, bills, resolutions, and memorials were introduced and severally referred as follow · : By l\Ir. FREAR: A bill (H. R. 13091) to control monopolies; to U:le Committee Gn the Judiciary. By Ur. ANDREWS of Nebraska: A bill (H. R. 13092) p1·0- viding for the- extension and enlargement of the post-office and court bui!ding at Hastings, Nebr.; to the Committee on Public Buildings and Grounds. By Mr. MCSWAIN: A bill (H. R. 13093) to enla1·ge and ex- tend the post-office }}uilding at Greenville, S. C.; to the Com- mittee on Public Buildings and Grounds. Also, a bill · (IL R.. 13094) to enlaFge and extend the post- office building at Spartanburg, S. C. ; to the Committee on Public Bi1ildinga and G.rounds. By Mr. l\lAcL.<\.FFERTY: A bill (H. R. 13095) to provide for the erection of a public building at Oakland 1 Alameda County, CaliL; to the Committee on Public Buildings and Grounds. By Mr. SABATB: Joint :resolution (H. J. Res. 399) supple- menting the trading with the enemy act; to the Committee on Interstate and Foreign Commerce. PRIVATE BILLS AND RESOLUTIONS. Under clause 1 of Rule XXII, prirnte bills and resolutions were introduced and severally referred as follows : By Mr. SHREVE: A bill (H. R. 13096) for the relief of Lorenzo E. Leonard; to the Committee on Military Affairs. By Mr. DARROW: A bill (H. R. 13097) for the relief of Frank Reed Horton; to the Committee on Naval Affairs. By Mr. FAUST: A bill (H. R. 13098) granting a pe·nsion to Catherine Hogan ; to the Committee on Invalid Pensions. By Mr'. FREEMAN: A bill (H. R. 13099) grn.nting a pension to Nathan E. Hopkins; to the Committee on Invalid Pensions. Also, a bill (H. R. 13100) granting a pension to Eugene S. Nash; to the Committee on Invalid Pensions. By Mr. LUCE: A bill (H. R. 13101) granting a pension to Thomas Casey ; to the Committee dn Invalid Pensions. By Mr. l\IEAD: A bill (H. R. 13102) granting a pension to Jo eph H. Bugman; to the Committee on Pensions. Al ' O, a bill ( H. R. 13103) for the relief of John Heinzen- bergeT ; to the Committee on Military Affairs. By l\1r. REED of New York: A bill (H. R. 13104) for the relief of Orrin F. Strickland; to the Committee on Military Affairs. By l\fr. ROBSION: A bill (H. R. 13105) granting an increase of pension to William S. Whitley; to the Committee on Pen- sions. By Mr. SLEMP: A bill (H. R. 13106) granting a pension to Malissa A. Bostwick; to the Committee on Pensions. By Mr. STEPHENS: A bill (H. R. 13107) granting a pension to William Coleman ; to- the Committee on Pensions By Mr. TIMBERLAKE: A bill (H. R. 13108) for the relief . of Russell H. Lindsay; to the Committee on Naval Affairs. . By Mr. TOWNER: A bill (H. R. 13109) granting a. pension to Jessie Johnson; to the Committee on Invalid Pensions. ETC. Under clause 1 of Rule XX.II, petitions and papers were laid 011 the Clerk's desk and referred as follows: 6483. By the SPEAKER (by request): Petition ()f Peabody :\1nseum of Har\ard University, Cambridge, Mass., protesting against the passage of Senate bill 3855; to the Committee on In- dian Affairs. 6484. By Mr. BURTNE S: Petition of Bankers' Association of Griggs County, N. Dak., favoring a Government price on wheat; to the Committee 011 Agriculture. 6485. By Mr. CULLEN: Petition of sundry citizens of New York, opposing compulsory Sunday observance laws; to the Committee on the Di trict of Columbia. 6486. Also, petitions af a mass meeting o:f citizens of New York City, regarding the imprisonment of Miss l\Iary Mac- Swiney and the execution of Erskine Childers; to the Commit- tee on Foreign Affairs. 6487. By l\Ir. EDMO ffiS : Petition of Philadelphia Board of favoring the pa sage of Senate bill 3217; to the Com- mittee on the Merchant Ma1ine and Fishe1ies. 6488. By Mr. KINDRED : Petition of Samuel Gompers presi- dent .of the American.Federation of Labor, of Washington: D. C., relative to the Amer:1can merchant marine bill (H. R. 12817}; to tbe Committee on the llerclUUlt Marine and Fisheries. 6489. By Mr'. KISSEL : Petition of Henslee Sinking Ship Saver, Washingtonf D. C., urging an amendment to the American merchant marine bill (H. R. 12817) ; to the Committee on the Merchant l\larine and Fisheries. 6490. By Mr. PERKINS: Petition of William A. Voelkel and others, of We twood, N. J. , favoring House Resolution 95 · to the Committee on Rules. ' 6491. By l\Ir. ROACH {by request): Petition ot the "citizens of Morgan M<>., asking Congress to consider the advisa- bility Of granting a Federal pension to all star mail-route cav- rie:rs of the United. States after they have reached the age of 65 yeat· ; to the Committee on the Post Office and Post Roads. 6492. By l\lr. SMITH of Michigan: Petition of Miss Elizabeth Wylie, industrial secretary Young Women's Christian Associa- tion, Battle Creek, Mich., urging further action on the part of our Government be taken in order that the freedom of Armenia and the liberation of the Greeks from the rule of the Turks may be ecured at an early date; to the Committee on Foreign Affairs. 6493. Also, resolutions adopted at the l\:lichigan Annual Con- ference of the :Methodist Episcopal Church. at Albion, Mich,, favoring the passage of House bill 9753, the Sunday law ; to the Committee on the District of Columbia. 6494. Also, petition of Michigan Annual Conference of the Methodist Episcopal Church at Albion, Mich., favoring the pas- sage of House Joint Resolution 131, proposing a constitutional amendment prohibiting polygamy in the United States; to the Committee on the Judiciary. 6495. Also, petition of Michigan Annual Conference of the llethodist Episcopal Church at Albion, l\1ich., favoring the pas- sage of House Joint Resolution 159, proposing a constitutional amendment to prohibit sectarian appropriations; to the Com- mittee on the Judiciary. 6496. Also, petition of Michigan Annual Conference of the Methodist Epi copal Church at Albion, Mich., favoring the pas- sage of Senate Joint Resolution 31, proposing a constitutional amendment authorizing Congress to enact uniform laws on the subject of marriage and divorce; to the Committee on the Judi- ciary. SENATE. FRIDAY, Decembe·r 1, 1fm2. The Chaplain, Rev. J. J. l\Iuir, D. D., offered the following prayer: Our Father, with the of another month we desire to recognize the hand that has been blessing us. And we do ask this morning that wit}?. the consciousness of Thy presence we may be able to fulfill the task given to us. So guide the in- terests of our land, bless those in authority, remembering the President at this time and all others upon whom rest the func- tions of government, and glorify Thyself through us. For Christ Jesus' sake. Amen. The Vice President being absent, the President pro tempore took the chair . PETER a Senator from the State of South Dakota, and JosEPH T. ROBINSON, a Senator from the State of Arkansas, appeared in their seats to-day.

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Page 1: CONGRESSIONAL RECORD-SEN ATE. - GPO pension to William S. Whitley; to the Committee on Pen sions. By Mr. SLEMP: A bill (H. R. 13106) granting a pension to Malissa A. Bostwick; to …

1922. CONGRESSIONAL RECORD-SEN ATE. 437

ADJ'OURNMENT.

l\Ir. l\IONDELL. Mr. Speaker, I move that the House do now adjourn.

The motion was agreed to. Accordingfy (at 3 o'clock and 24 minutes p. m.) the House,

under the order previously agreed to, adjourned until Friday, December 1, 1922, at 12 o"clock noon.

REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS.

Under clause Z C1f Rule XTII, Mr. LANGLEY: Committee on Public Buildings and Grounds.

H. R. 12.1..74. A bill to authorize the Attorney General to convey certain land of the United States to Fulton County, Ga.1 to widen l\IcDonough Road in front of the United States peni­tentiairy; wit.b.Qut amendment ( Rept. No. 1261). Referred to the Committee of the Whole Hause on the state of the Union.

REPORTS OF COMMITTEES ON PRIVATE BILLS AND RESOLUTIONS.

Under cl-au e 2 o:1l Role XIII, 1\fr. VOLS'l'EAD: Committee on the Judiciary. S. 4025. An

act to permit l\fahlon Pitney, an associate justice of the Supreme Court of the- United States, to r·etire; without amendment (Hept. N<J. 1262). Refet·red to the Committee of the Whole House.

PUBLIC BILLS, RESOLUTIONS, AND ~IORIALS. Under clause 3 of Rule XXII, bills, resolutions, and memorials

were introduced and severally referred as follow · : By l\Ir. FREAR: A bill (H. R. 13091) to control monopolies;

to U:le Committee Gn the Judiciary. By Ur. ANDREWS of Nebraska: A bill (H. R. 13092) p1·0-

viding for the- extension and enlargement of the post-office and court bui!ding at Hastings, Nebr.; to the Committee on Public Buildings and Grounds.

By Mr. MCSWAIN: A bill (H. R. 13093) to enla1·ge and ex­tend the post-office }}uilding at Greenville, S. C.; to the Com­mittee on Public Buildings and Grounds.

Also, a bill ·(IL R.. 13094) to enlaFge and extend the post­office building at Spartanburg, S. C. ; to the Committee on Public Bi1ildinga and G.rounds.

By Mr. l\lAcL.<\.FFERTY: A bill (H. R. 13095) to provide for the erection of a public building at Oakland1 Alameda County, CaliL; to the Committee on Public Buildings and Grounds.

By Mr. SABATB: Joint :resolution (H. J. Res. 399) supple­menting the trading with the enemy act; to the Committee on Interstate and Foreign Commerce.

PRIVATE BILLS AND RESOLUTIONS. Under clause 1 of Rule XXII, prirnte bills and resolutions

were introduced and severally referred as follows : By Mr. SHREVE: A bill (H. R. 13096) for the relief of

Lorenzo E. Leonard; to the Committee on Military Affairs. By Mr. DARROW: A bill (H. R. 13097) for the relief of

Frank Reed Horton; to the Committee on Naval Affairs. By Mr. FAUST: A bill (H. R. 13098) granting a pe·nsion to

Catherine Hogan ; to the Committee on Invalid Pensions. By Mr'. FREEMAN: A bill (H. R. 13099) grn.nting a pension

to Nathan E. Hopkins; to the Committee on Invalid Pensions. Also, a bill (H. R. 13100) granting a pension to Eugene S.

Nash; to the Committee on Invalid Pensions. By Mr. LUCE: A bill (H. R. 13101) granting a pension to

Thomas Casey ; to the Committee dn Invalid Pensions. By Mr. l\IEAD: A bill (H. R. 13102) granting a pension to

Jo eph H. Bugman; to the Committee on Pensions. Al ' O, a bill ( H. R. 13103) for the relief of John Heinzen­

bergeT ; to the Committee on Military Affairs. By l\1r. REED of New York: A bill (H. R. 13104) for the

relief of Orrin F. Strickland; to the Committee on Military Affairs.

By l\fr. ROBSION: A bill (H. R. 13105) granting an increase of pension to William S. Whitley; to the Committee on Pen­sions.

By Mr. SLEMP: A bill (H. R. 13106) granting a pension to Malissa A. Bostwick; to the Committee on Pensions.

By Mr. STEPHENS: A bill (H. R. 13107) granting a pension to William Coleman ; to- the Committee on Pensions

By Mr. TIMBERLAKE: A bill (H. R. 13108) for the relief . of Russell H. Lindsay; to the Committee on Naval Affairs.

. By Mr. TOWNER: A bill (H. R. 13109) granting a. pension to Jessie Johnson; to the Committee on Invalid Pensions.

PETITIONS~ ETC. Under clause 1 of Rule XX.II, petitions and papers were laid

011 the Clerk's desk and referred as follows: 6483. By the SPEAKER (by request): Petition ()f Peabody

:\1nseum of Har\ard University, Cambridge, Mass., protesting against the passage of Senate bill 3855; to the Committee on In­dian Affairs.

6484. By Mr. BURTNE S: Petition of Bankers' Association of Griggs County, N. Dak., favoring a Government price on wheat; to the Committee 011 Agriculture.

6485. By Mr. CULLEN: Petition of sundry citizens of New York, opposing compulsory Sunday observance laws; to the Committee on the Di trict of Columbia.

6486. Also, petitions af a mass meeting o:f citizens of New York City, regarding the imprisonment of Miss l\Iary Mac­Swiney and the execution of Erskine Childers; to the Commit­tee on Foreign Affairs.

6487. By l\Ir. EDMO ffiS : Petition of Philadelphia Board of T~ade, favoring the pa sage of Senate bill 3217; to the Com­mittee on the Merchant Ma1ine and Fishe1ies.

6488. By Mr. KINDRED : Petition of Samuel Gompers presi­dent .of the American.Federation of Labor, of Washington: D. C., relative to the Amer:1can merchant marine bill (H. R. 12817}; to tbe Committee on the llerclUUlt Marine and Fisheries.

6489. By Mr'. KISSEL : Petition of Henslee Sinking Ship Saver, Washingtonf D. C., urging an amendment to the American merchant marine bill (H. R. 12817) ; to the Committee on the Merchant l\larine and Fisheries.

6490. By Mr. PERKINS: Petition of William A. Voelkel and others, of We twood, N. J., favoring House Resolution 95 · to the Committee on Rules. '

6491. By l\Ir. ROACH {by request): Petition ot the "citizens of Morgan County~ M<>., asking Congress to consider the advisa­bility Of granting a Federal pension to all star mail-route cav­rie:rs of the United. States after they have reached the age of 65 yeat· ; to the Committee on the Post Office and Post Roads.

6492. By l\lr. SMITH of Michigan: Petition of Miss Elizabeth Wylie, industrial secretary Young Women's Christian Associa­tion, Battle Creek, Mich., urging further action on the part of our Government be taken in order that the freedom of Armenia and the liberation of the Greeks from the rule of the Turks may be ecured at an early date; to the Committee on Foreign Affairs.

6493. Also, resolutions adopted at the l\:lichigan Annual Con­ference of the :Methodist Episcopal Church. at Albion, Mich,, favoring the passage of House bill 9753, the Sunday law ; to the Committee on the District of Columbia.

6494. Also, petition of Michigan Annual Conference of the Methodist Episcopal Church at Albion, Mich., favoring the pas­sage of House Joint Resolution 131, proposing a constitutional amendment prohibiting polygamy in the United States; to the Committee on the Judiciary.

6495. Also, petition of Michigan Annual Conference of the llethodist Episcopal Church at Albion, l\1ich., favoring the pas­sage of House Joint Resolution 159, proposing a constitutional amendment to prohibit sectarian appropriations; to the Com­mittee on the Judiciary.

6496. Also, petition of Michigan Annual Conference of the Methodist Epi copal Church at Albion, Mich., favoring the pas­sage of Senate Joint Resolution 31, proposing a constitutional amendment authorizing Congress to enact uniform laws on the subject of marriage and divorce; to the Committee on the Judi­ciary.

SENATE. FRIDAY, Decembe·r 1, 1fm2.

The Chaplain, Rev. J. J. l\Iuir, D. D., offered the following prayer:

Our Father, with the be~nning of another month we desire to recognize the hand that has been blessing us. And we do ask this morning that wit}?. the consciousness of Thy presence we may be able to fulfill the task given to us. So guide the in­terests of our land, bless those in authority, remembering the President at this time and all others upon whom rest the func­tions of government, and glorify Thyself through us. For Christ Jesus' sake. Amen.

The Vice President being absent, the President pro tempore took the chair .

PETER ~ORBECK, a Senator from the State of South Dakota, and JosEPH T. ROBINSON, a Senator from the State of Arkansas, appeared in their seats to-day.

Page 2: CONGRESSIONAL RECORD-SEN ATE. - GPO pension to William S. Whitley; to the Committee on Pen sions. By Mr. SLEMP: A bill (H. R. 13106) granting a pension to Malissa A. Bostwick; to …

438 CONGRESSIONAL RECORD-SENA~E. DEOEMBER 1,

THE JOURNAL.

Mr HARRISON. Mr. President, a parliamentary inquiry. Th~ PRESIDENT pro tempore. The Senator from ~issis-

sippi will state the inquiry. · · Mr. HARRISON. The Journal of the proceedings of Tuesday

last not having been approved, is the approval of the J o~rnal of the proceedings of Wednesday last the first order of busmess, and when that is finished is the unfinished business the approval of the Journal of Tuesday's proceedings, which was not ap­proved day before yesterday, and does it then come up for consideration?

The PRESIDENT pro tempore. The question propound~d by the Senator from Mississippi is a difficult one. The Chair is inc1ined to believe that we begin the proceedings this morn-ing with the regular morning business. ·

Mr. UNDERWOOD. Mr. President, f think clearly the first busine s in order this morning is to approve the Journal of the last legislative day, and when that has been approved. we then take up the approval of the Journal of the proceedmgs of Tuesday last, which has not yet been approved.

Mr CURTIS. Mr. President-- -Th~ PRESIDENT pro tempore. .The Chair will be glad to

hear suggestions upon the point. Mr. CURTIS. I think the Senator from Alabama is correct,

a·nd I was about to ask unanimous consent that the Journal of the proceedinO's of Wednesday last be approved.

· Mr UNDERWOOD. We can not give unanimous consent yet. '.I hope the time will come soon when my good friend from Kansas and . I can reach an entirely harmonious agreement along all lines, but until we arrive at that point I do not think we can reach an agreement at all. I shall not ask. for a quorum· now, and I do not object to the Secretary reaumg the Journal of the proceedings of Wednesday last. We have some amendments which we desire to offer and to discuss for a while.

Mr. CURTIS. Tuesday's Journal had been read, and it was being considered for amendments when the Senate adjourned on Wednesday evening.

Mr. UNDERWOOD. I refer to the Journal of the last legis­lative day, Wednesday, the new Journal; that is in order at this time.

The PRESIDENT pro tempore. The question pending when the Senate adjourned on Wednesday evening was in regard to the approval of the. Journal of the preceding day. That ques­tion is the unfinished business by virtue of its pendency at the time of adjournment. Under the rules of the Senate the un­finished business does .not come before the Senate until .2 o'clock. The Chair, as at present advised, is unable to ·ee h.ow the Senate can take up at this time the motion that was pendmg at the adjournment on Wednesday: .

·Mr. UNDERWOOD. I understand that. I am raising no question about that. I agree with the Chair that t.be Journal which we were discussing on the last legislative day has become the unfinished busiriess, and I have no objection _to the reading of the .Journal which. is ordinarily offered at this stage of the proceedings, and which would_ be the Journal of Wednesday last. We have some amendments to offer to .the Journal of Wednesday's proceedings when it bas been read.

The PRESIDENT -pro · temI)ore. The Chair is · of tbe opinion at the present time, although it is an entirely new question to the Chair that the first business this morning is the reading of the Journ'a1 of the proceedings of the last 'legislative session.

Mr. UNDERWOOD. We agree with the Chair about .that, and there is no objection to that course. When the Journal has been read we want an opportunity to offer some amendments to it.

The PRESIDENT pro tempore. ·The Secretary will. read the Journal of w ednesday last.

The. reading clerk read the Journal of Wednesday's proceed-ings. ·

The PRESIDENT pro tempore. The question . is, Shall the Journal as read be approved?

Mr. HARRISON. Mr. President, I notice that the Journal states:

The Secretary proceeded to read the Journal of the proceedings of yesterday.

It is apparent that that is a mistake. The PRESIDENT pro tempore. The Senator from Missis­

sippi will suspend while the ~enate receives a me~sage from the House of Representatives. MESSAGE FROM THE HOUSE-DEATH OF REPRESENTATIVE JAMES lt

MANN. Mr. Overhue, enrolling clerk of the House of Representatives,

- appeared and said : . . Mr. President, I am directed by the House of Representatives

to transmit to the Senate the following resolutions (H.· Res. 455):

Resolve<!1... That the House ·has heard with profound sorrow of the death of tton. JAMES R. MANN, a Representative from the State of Illinois. ·

Resolved,.That a committee of the Hoose be appointed to take order for superinten·ding the funeral of Mr. MANN in the House of Repre­sentatives at 2 o'clock p. m. on Saturday, December 2, 1922, and that the House of Representatives attend the same:

Resolved, That as a further mark of respect the remains of Mr. MANN be removed from Washington to Chicago, Ill., in charge of the Sergeant at Arms, attended by the committee, who shall have full power to carry these resolutions into effect, and that the necessary expenses in connection therewith be paid out of the contingent fund of the House.

Resolved, That the Clerk of the House communicate these proceed­ings to the Senate and invite the Vice President and the Senate to attend the funeral in the House of Representatives and to appoint a committee to act with the committe~ of the House. . ·

Resolved, That invitations be extended to the President of the United States and the members of his Cabinet, the Chief Justice and Associate Justices of the Supreme Court of the United States, tho diplomatic corps (through the Secretary of State), the Chief of Naval Operations, and the General of the Army 'to attend the funeral in the Hall of the House of Representatives.

Resolved, That as a further mark of respect this House do now adourn.

Also, the House has passed a bill (H. R.- 12817) to amend and supplement the merchant marine act, 1920, and for other purposes, in which it requests the concurrence of the Senate.

THE JOURNAL.

Mr. HARRISON. Mr. President, as I stated, the Journ'al reads that "The Secretary proceeded to read the Journal of the proceedings of yesterday."

Mr. CURTIS. Mr. President--The PRESIDENT pro tempore. Does the Senator from Mis-

sissippi yield to the Senator from Kansas? . Mr. HARRISON. As soon as I offer the amendment to the

Journal which I propose to offer, I will yield to the Senator. It is apparent to everyqne that the Secre~ry 'did not read the Journal of the proceedings of Wednesday; on the contrary, every Senator remembers that the reading clerk, Mr. Crockett, or the Assistant Secretary of· the Senate, l\Ir. Rose, read the Journal. For accuracy's sake I move that the Journal be cor­rected in the first instance where .it says " The Secretary pro­ceeded to read the Journal" so as to say that "The Assistant Secretary of the Senate, Mr. Rose, proceeded to read the Journal." Now I yield to the Senator from Kansas.

Mr. CURTIS. We might dispose of that by unanimous con-sent. .

l\.Ir. HARRISON. I wish to address myself to the motion briefly. .

Mr. CURTIS. I desire to advise the Senate .that in <;onnec­tion with the resolutions which have come over from the House I understand it is the intention of the Senator from Illinoi~ [Mr. McKINLEY] to ask that they be laid before the Senate, and that an adjournment be had. In. view of that fact, I ask unanimous consent that the Journal of the proceedings of Tuesday last and the Journal of the proceedings · "Of W ednes-day Jast be approved. ·

Mr. UNDERWOOD. Mr. President, we are perfectly willing to t4we the Senator take such action as he desires in reference to the resolutions coming over from ·the Hguse of .llepre enta­tives, but we can .not consent to any Uii.animous-consent order about tlie Journal of the proceedings of Tuesday and Wednesday or the business of the Senate until we reach a, 'final agreement upon all matters. So the Journal Will have to ' reJAR;'!n as the unfinished business of the Senate until we reach a firial agree­ment. I would object to the approval of the Journal by unani­moust consent but whatever order is desired to be made in reference to the resolutions coming over from the House in regard to the death of the late Representative MANN, whom we all loved and respected and whose death we greatly lament, we, of course, are ready to act in entire harmony with the desire of the other side of the Chamber.

Mr. CURTIS. Mr. President, I understand that it is the desire of the Senator from Illinoi' [Mr. McKINLEY] that the resolutions of the Bouse of Representatives be laid before the Senate. . -

Mr. McKINLEY. I make that request, Mr. President. Mr. OVERMAN. Mr. President, I do not desire to interfere

at all with a motion to adjourn. I regarded Mr. MANN very highly; I knew him well; I traveled with him for some 3,000 miles, and found him to be a great and a good man, and I am distressed to hear ·of his death.

I had intended, Mr. President, to take a short time in demon­strating to the Senate, as I think I can demonstrate, by a long line of decisions, including decisions in three lynching cases, that the so-called Dyer bill now pending in the Senate is clearly unconstitutional However, I shall not do that to-day ; but at ' some future time I hope that I can show to ,the Senate and to the country _that the bill is a high-handed invasion of the Constitution of the United States. ·

Page 3: CONGRESSIONAL RECORD-SEN ATE. - GPO pension to William S. Whitley; to the Committee on Pen sions. By Mr. SLEMP: A bill (H. R. 13106) granting a pension to Malissa A. Bostwick; to …

1922. CONGRESSIO:NAL -RECORD-HOUSE. 439

DEATH OF REPRESENTATIVE JAMES R. MAl;~.

The PRESIDENT pro tempore. The Chair lays before the Senate the resolutions of the House of Representatives. With­out objectio.n, the resolutions will not be reread, ina'smuch as they have already been read in the heariilg of the Senate.

l\lr. l\lcKINLEY. l\lr, President, it becomes my sad duty to announce to the Senate the death of Hon. JAMES R. l\laNN, of Illiuois, late a Member of tile House of Representatives and a former colleague of many .of the present Members of this body.

After completing a continuous service of 25 years in the Honse of Representatives, years filled with honest, studious, and constnictive accomplishment, he passed away on the evening of November 30. · - .

JAMES R l\1ANN moved with strength to the surest end, work€d with poise to the safest point. He held an abiding faith in enduring things. He was industrious without a king that the strokes be made of record. Honest, patriotic, sincere, his adversaries could not te1Tify him by assault nor friends change his fixed purposes by flattery. His untimely death is a shock to bis legion of friends and a distinct lo s to his country.

I may not at this time attempt to detail his great service, but at a 'proper time I shall ask the Senate to et apart a day for memorial exercises, when fitting tribute may be paid his

· life, character, and distinguished public caree1·. Mr. President, -1 offer the resolutions which I send to the

de k, and a k their adoption. · · The PRESIDENT pro tempore. The Secretary will rea.d the ·

re olution submitted by the Senator from Illinois. The Assistant Secretary read the resolutions ( S. Res. 370),

as follows : Resolved, That the Senate had heard with profound sorrow the an­

nouncement of the death of the Hon. JAMES R. MA.:x:x, late a Repre­sentative from the State of Illinois.

Resol,,;ed, That a committee of nine Senators be appointed by the Vice President to join the committee appointed on the part of the llou e of Representatives to attend the funeral of the deceased.

Resolved, That the Secretary communicate these resolutions to the House of Representatives and transmit a copy thereof to the family of the deceased. . - l\Ir. LODGE. Mr. President, when the resolution. offered. by the enator from Illinois have been adopted I shall mow the acceptance of the invitation of the House of Representatives that the Senate in a body attend the funeral of the late Rep1·e-entative l\1ANN to-morrow at 2 o'clock.

The PRESIDENT pro tempore. The Chair is compelled to consider this proceeding as being by unanimous consent.

Ir. UNDERWOOD. Mr. President, I stated -a moment ago that there is no- objection to this proceeding being had by. unani­mous consent. We raise no question about it at all.

The PRESIDENT pro tempore. The que tion is on the adop­tion of the re olutions presented by the Senator from Illinois.

The resolutions were unanimously agreed to. The PRESIDENT pro tempore appointed as the committee on

the part of the &mate under the second resolution Mr. McKIN­LEY, l\Ir. BALL, l\Ir. CAMERON, Mr. GLASS, l\Ir. lliRRELD, Mr. LEN­ROOT, l\:Ir. Pm!ERENE, Mr. WATSON, and Mr. WILLIS.

l\Ir. LODGE. Mr. Pr~sident, I move that the Senate accept the invitation of the House of Representatives to attend in a body at 2 o'clock to-morrow the funeral of Hon. JAMES R. l\!A~N.

The PRESIDENT pro tempore. The question is on the mo­tion of the Senator from Massachusetts.

The mot1on was unanimously agreed to. Mr. McKINLEY. l\Ir. President, as a further mark of respect

to the memory of the late Representative MANN, I move that the Senate do now adjourn.

The motion was unanimously agreed to; and (at 12 o'clock and 25 minutes p. m.) the Senate adjourned until to-morrow, Saturday, December 2, 1922, at 12 · o'clock meridian.

HOUSE OF REPRESENTATIVES. FRIDAY, Deeember 1, 19g2.

The 'House met at 12 o'clock noon. The Chaplain, Rev. James Shera Montgomery, D. D., offered

the following prayer : Our Father who art in heaven, wilt Thou hear us? Our

hearts are sore and heavy, and there is no adequate speech for the deep emotions of the soul. Out of a strong right hand Thou hast taken the staff, and the left is cold and smitten. Next to his fireside altar this place was in his loving regard and olicitufle. Here the associations of the years cluster and here he con ecrated his powers with the sacrument of unstinted toil. A tower of strength is fallen and lies prostrate, and in thi place affection ha its way. Dry the tears that no other hand can touch and gi•e comfort and hope to those who suf-

fer. Bestow that peace that brings light when night would distress us, that fills the void of the grave and conquers death. At the last, for us may the Jordan be· dried, the wilderness carpeted, and the way made as beautiful as the gardens of heaven. In the name of Jesus. Amen.

The Journal of the proceedings of Wednesday, November 29, was read and approved.

HOUR OF MEETING TO-MORROW. 1\Ir. MO~'DELL. Mr. Speaker, I ask unanimous consent that

when the Honse adjourns to-day it adjourn to meet at 1.30 p. m. to-morrow. , The SPEJAKER. The gentleman from Wyoming asks unani­mous consent that when the House adjourns tQ-day it adjourn to meet at 1.30 o'clock p. m. to-morrow. Is there objection?

There was no objection. HOUR OF MEETING ON MONDAY NEXT.

l\:fr. l\IONDELL. Mr. Speaker, I ask unanimous consent that when the Honse adjourns on Saturday it adjourn to meet at 11 o'clock a. m. on Monday next.

The SPEAKER. The gentleman from Wyoming asks unani­mous consent that when the House adjourns on Saturday it adjourn to meet at 11 o'clock a. m. on Monday next. Is there objection?

The1•e was no objection. DEATH OF REPRJo~, ENTA.TIVE JAMES R. lfANN.

l\Ir. MADDEN. Mr. Speaker, it becomes my painful duty to report the death of my colleague, Hon. JAMES R. l\liN~, a Rep'­resen ta ti \e from the State of Illinois, who died at his borne in this city last night at 11 o'clock and 15 minutes p. m. after a short illness. It ls needless to say that everybody in the House is shocked at the announcement of his death. In the death of Mr. l\f ANN the Nation Io es one of its most stalwart defenders. At a Jater date the Illinois delegation will ask that a day be set apart on which memorial services may be held in honor of our clc\'.eased colleague, at which time his life story and work on behalf of the Nation will be told. I offer the following re olutions, which I send to the Clerk's desk.

The Clerk read as follows: House Resolution 455.

Resolved, That the House bas heard with profound sorrow of the death of Hon. JAMES R. MA~N, a Representatlvc from the State of Illinois. -

Resoli;ed, That a committee of the House be appointed to take order for superintending the funeral of Mr. MA'KN in the House of Repre­sentatives at 2 o'clock p. m. on Saturday, December· 2, 1922, and that the House of Representatives attend the same.

Resoh:ed, That as a further mark of respect the remains of Mr. MA:rn be removed from Washington to Chicago, Ill., in charge of the Sergeant at Arm . attended by the committee, who shall have full power to carry these resolutions into effect, and that the necessary expensefl in connection therewith be paid out of the contingent fund of the Hou e.

Re olvcd1 That the Clerk of the Honse communicate these proceed­ing8 to the · Senate and invite the Vice President and the Senate to attend the funeral in the House of Representatives and to appoint a committee tc> act with the committee of the House.

Resolved, That invitation be extended to the President of the United State and the members of bis Cabinet, the Chief Justice and Associate Justi~es of the ~upreme Court of the United States, the diplomatic corp (through the Secretary of State), the Chief of Naval Operations, and the General of the Army to attend the funeral in the _Hall of the House of Repre entath·es.

The resolutions were agreed to. The Speaker appointed the following committee: l\fr. C.a.N "'ON, 1\iir. l\.lADDEN, Mr. RODENBERG, Mr. BRITTEN, Mr.

SP&out, Mr. COPLEY, Mr. CHINDBLOM, Mr. McKENZIE, Mr. SABA.TH, l\lr. IRELAND, :Mr. MOORE of Illinois, Mr. FUNK, l\.Ir. KING, Mr. Fo1m EY, Mr. CooPER of Wisconsin, l\fr. STAFFORD, Mr. K ... ~'C"T ON, l\lr. MONDELL, Mr. GARRETT of Tennessee, Mr. SissoN, Mr. l\Io~TAGUE, Mr. CRISP, l\fr. BYRNS of Tennessee, Mr. Pro, l\fr. LANGLEY, and l\fr. OLDFIELD.

The Clerk read the further resolution, as follows : Resolved, That as a further mark of respect this House do now ad­

journ.

The resolution was agreed to.

ADJOURNMENT:

Accordingly (at 12 o'clock and 11 minutes p. m.) the House adjourned until to-morrow, Saturday, December 2, 1922, p.t 1 o'clock and 30 minutes p. m.

EXECUTIVE COMMUNICATIONS, ETC.

Under clause 2 of Rule XXIV, executi\e communications were taken from the Speaker's table and referred as follows :

712. A letter from the Secretary of the Treasury, transmitting statement showing exchanges of typewriters, adding machines,

Page 4: CONGRESSIONAL RECORD-SEN ATE. - GPO pension to William S. Whitley; to the Committee on Pen sions. By Mr. SLEMP: A bill (H. R. 13106) granting a pension to Malissa A. Bostwick; to …

:440 CONGRESSIONAL RECORD-SEN ATE. DECEMBER 2,

and other .labor-saving devices· for -.the fiscaL year ended June . 30, 1922; to the -Committee on Appropriations.

713. A letter from the Secretary of the Treasury, transmitting statement showing in detail what officers and employees per­formed travel on official business from Washington to ·points outside the District of Columbia during the fiscal year ended , June 30, .1922; to the Committee on Appropriations. ·

PUBLIC BILLS, RESOLUTIONS, .A.ND MEMORI~S.

Under clause 3 of Rule XXII, bills, resolutions, and memorials were introduced and severally referred as follows:

By Mr. BYRNES of South Carolina: A bill (H. R. 13110) authorizing the Secretary of the Navy in his disGretion to de­liver to the Daughters of the American Revolution of the State of South Carolina, the silver service which was used upon the battleship Soitth Carolina; to the Committee on Na val Affairs.

By Mr. BRITTEN: A bill (H. R. 13111) to provide relief for · temporary and reserve officers Of the United States Navy who were transferred to the regular service; to the Committee on Naval Affairs. . · .

·, By Mr. IRELA~D: A bill (H. R. 13112) to provide for the erection of a Federal building at Springvalley, Ill. ; to the ·committee on .Public Buildings and Grounds.

By Mr. SWANK: A bill (H. R. 13113) for the purchase of a site and the erection thereon of a public building at Norman, Okla. ; to the Committee on Public Buildings and Grounds.

Also, a b.iU (H. R. ,13114) for the purchase of a site and the . erection thereon of a public building at Sulphl,lr, Okla.; to the Committee on Public Buildings and Grounds.

Also, a bill (H. R. 13115) for the purchase of a site and the erection thereon of a public building at Pauls Valley, Okla.; to the Committee on Public Buildings and Grounds.

Also, a bill (H. R. 13116) for the purchase of a site and the ·erection thereon of a public building at Purcell, Okla.; to the· Committee on Public Buildings and Grounds.

By l\fr. FROTHINGHAM: Resolution (H. Res. 457) request­ing the Secr~tary of the Navy to furnish to the House of Rep­resentatives certain information regarding the . scrapping of vessels of war; to the Committee on Naval Affairs . .

- ·--PRIVATE BILLS AND RESOLUTIONS.

Under clause 1 of Rule XXII, private bills and resolutions wete introduced and severally referred as follows:

By 1\fr.· KING: A bill (H. R. 13117) granting a pension to James McCullough; to the Committee on Invalid Pensions.

Also, a bill ( H. R. 13118) granting an increase of pension to William Dotson; to the Committee on Pensions. ·

Al o, a bill (H. R. 13119) granting a pension to Benjamin Franklin Brown; to the Committee on Invalid Pensions.

Also, a bill (H. R. 13120) granting a pension to Amanda J. Johnson; to the Committee on Invalid ~ensions.

By Mr. ROBSION: A bill (H. R. 13121) granting a pension to James Fletcher; to the Committee on Pensions.

By Mr. TAYLOR of Tennessee: A bill (H. R. 13122) granting a pension to Mattie Dunn; to the Comm!ttee on Invalid Pen­sions.

·· Also, a bill ( H. R. 13123) gi·anting a pension to Mary Reyn­olds; to the Committee on Invalid Pensions.

Also, a bill (H. R. 13124) granting a pension to Maggie L. Manley ; to the Committee on Invalid Pensions.

By Mr. IRELAND: Resolution (H. Res.- 456) authorizing the Clerk of the House to pay out of the contingent fund of the House to Florence A. Donnelly and Edna Radcliffe one month's salary as clerks to the late Hon. James R. l\lann; to the. Com-mittee on Accounts. ·

PETITIONS, ETO.

Under clause 1 of Rule XXII, petitions and papers were laid on the Clerk's desk and referred as follows:

6497. By l\fr. KISSEL: Petition of the Kern Co. (Ltd.), New Orleans, La., relative to the Winslow resolution relative to tbe Austrian property seized during the war; to the Committee on Foreign Affairs.

6498. By l\fr. MAPES : Petition of William D. Bosman and 21 others, of Grand Rapids, Mich., for the abolition of the tax on small-arms ammunition and firearms in section 900, paragraph 7, of the internal revenue law; also 'petition of E. J. ·Benyan and 43 others, of Grand Rapids, to the same effect; to the Com­fuitteP. on Ways and Means.

-SENATE.

SATURDAY, December 93, 1922.

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

0 God, to whom all hearts are open and from whom no secrets are hid, we come and ask Thee for Thy grace that we may so live before Thee that in all the work begun, continued, and ended we may receive Thy approbation. Enable us always to · walk in the light and so render .to Thee acceptable service, always seeking the welfare of the country and all the intere ts that bind us to others beyond our shores. We ask in Jesus Christ's name~ Amen.

The VICE PRESIDENT resumed the chair. WILLIAM P. DILLINGHA.M1 a Senator from the State of Ver­

mont, appeared in his seat to-day.

SENATOR FROM IOWA. Mr. CUl\fM:INS. Mr. President, I present the certificate of

election of SMITH W. BROOKHART, Senator elect · from the State of Iowa, which I ask may be read ; and after the reading of the certificate, as the Senator elect is present, I ask that the oath be administered to him.

The credentials were read and ordered to be filed, as follows: STATE OF IOWA,

Ea:ecutive Depart1nettt. To the President of the Senate of the United States:

This is to certify that on the 7th day of November, 1922, SMITH W . BROOKHART was duly chosen by the qualified electors of the State of Iowa a .Senator from said State to represent said State in the Senate of the United States for the unexpired term of Senator William s Kenyon, resigned, said term ending on March 4, 1925. '

Witness: His excellency our governor, N. E. Kendall and our great seal hereto affixed at Des Moines this 28th day of N~vember in the year of our Lord 1922. '

[SEAL.] N. E. KENDALL, Govenior. By the Governor :

W. C. RAMSAY, . Secretary of State.

The VICE PRESIDENT. The Senator elect will present him elf at the desk and be sworn.

Mr. BROOXHABT, escorted by Mr. CuMMr ~s, advanced to the Vice President's desk, and the oath prescribed by law having been administered to him, he took his seat in the Senate.

CALL OF TIIE ROLL. .

~fr. UNDERWOOD. Mr. President, I suggest the absence of a quorum.

The VICE PRESIDENT. The Secretary will call the roll. - The reading clerk called the roll, and the following Senators answered to their names : Ball Glass Nelson Shortridge Brandegee Gooding New Smoot Brookhart Harreld Norbeck Spencer Broussard Harris Norris Stanley Camer<>n Harrison Overman Sterling Capper Heftin Page . Sutherland Cai·away Jones, N. Mex. - Pepper Townsend Culberson Jones, Wash. Phipps Underwood-Cummins Lodge Pomerene Walsh, Mas .. Curtis McKellar Ran dell Wal h, Mont . . Dillingham Mc.Kinley Reed, Mo. Warren Fernald McLean Reed, Pa. 1 Watson Fletcher Mc.Nary Robinson Willls·,· George Myers Sheppard •

Mr. FLETCHER. I wish to announce that my colleague [l\Ir. TRAMMELL] is unavoidably absent, and that he has a . general pair .wi.th the ~enator from Rhode Island [Mr. CoLT]. I ask that this announcement may stand for the day.

The VICE PRESIDENT. Fifty-five Senators having an­swered to their names, a quorum is present.

[A message in wrii.ting from the President of the United States was co~municated to the Senate by Mr. Latta, one of his secretaries.]

THE JOURNAL.

The VICE PRESIDENT. The Secretary will read the J our­nal of the preceding session.

The As istant Secretary proceeded to read the Journal of yesterday's proceedings. · l\Ir. _CURTIS. I ask unanimous consent to dispense with the further . reading of the Journal.

The VICE PRESIDENT. Is there objection? Mr. UNDERWOOD. Of course, I would be delighted to agree

with ~Y frignq from Kansas about .almost anything except the Journal, but under the present status of public bu ine s I think it is necessary to. have the Journal amended. The reading will h~ve _ to be proceeded with for the pre ent.