1913. OONGRESSION AL RECORD-SEN ATE. 3205 By :\11:. WILLIS: .P.etition of Fremont Brown and other citi­

~ns of Urbana, Ohio, faYoring the rmssage of legislation asking for an inyestigation of the Federal prison at Fort Leavenworth, Kan . ; to the Committee on the Judiciary.

By ~Ir. WILSON" of l\ew York: Petition of the Sailors' Union of the Atlantic, Kew York relati,·e to the payment of the crews of the Panama Steamship Line and the special privileges granted t o said company which is conh'olled and owned by the United States Government; to the Committee on Inter tate and For­eign Commerce.

_\Jso, petition of the Unity Republican Club, of the twentieth ns embly district, New York, fayoring the pas age of House bill 25G8u, proYiding for the labeling and tagging of all fabrics and n 1'ticles of clothing intended for sale which enter into interstate and foreign commerce, and pro\iding penaltie for misbrarnling; to the Committee on Interstate and Foreign Commerce.

SENATE.

SATURDAY, February 15, 1913. (Legislative clay of Tu csclay, Fcbrnary .11, 1913.)

The Senate reassembled at 1:3 o'<.:lock mcritlian, on tlle ex­pl.t a ti on of the recess.

EXERCISES FOR TilE DA. Y.

The PRESIDE .. 'T pro tempore (AUGl:JSTUS 0 . BACON") calleu tlle enate to order and directed tlle Secretary to read the re o­lutiou of the Senate adopted on the 2 th of January las t.

The Secretary ( harles G. Bennett) read the resolution, as follO\YS:

Rcsoli:ed, 'l'hat Saturday the lUth day of February. be set apart for apprnpri:ite exercises in commemoration of the life, character. n.nd pul>!ic seryice of the l::tte JAMBS ". l::lHERlll:-<, Vi ce Pre. ident of the United States and l'resident of the Senate of the United States.

The PTIESIDENT pro tempore. The Senate is now in session for the purposes of this resolution.

GUESTS OF TlIE SENATE.

At 12 o'clock and 3 minutes p . m. the Sergeant at Arms ( E . L. Cornelius) announced the Speaker and :Members of the House · of Representatives of the ·united States.

The Speaker was e corted to a seat on the left of the Presi­(lcnt pro tempore, and the Members of the Hou e of Representa­ti\·e , the Clerk, Sergeant at Arms, and Chaplain of the House occupied the seats assigned them.

At 12 o'clock and 6 minutes p. m. the Sergeant at .Arms an­nounced the Chief Justice of the United States and the .Associate Justices of tlle Supreme Court of the Unitell States, who \Yere conuucted to the . eats provided for tllem in the area in front of the Secretary desk .•

At 12 o'clock and minutes p. m. the Sergeant at A.rms an­now1ced the amba sadors anu ministers plenipotentiaries from foreign countries to the United States, and they were conducted to the seats assigned them.

.At 12 o·clock and 10 minutes p. m . the Sergeant at Arms an­nounced the President of the United States and the members of his Cabinet, who were escorted to the seats proyided for them in the space in front of the Secretary's desk.

The other inviteu guests, the judges of the Commerce Cou rt, the judges of the Court of Customs Appeals, the judges of the courts of the District of Columbia, the officers of the Army and NaYy stationed in Washington, the members of the Interstate

ommerce Commis ion, and the members of the Cl\il Senice Commission, occupied se::its on the floor of the Senate.

The PRESIDEXT pro tempore. Prayer will now be offered by the Chaplain of the Senate.

PRAYER.

The Chaplain of the Senate, Rev. Ulysses G. B. Pierce, D. D., offered the following prayer :

Almighty God, our heavenly Father, Thou hast been our lhYelling place in all generations. Before the mountains were brought forth, or eyer Thou hadst formed the earth and the world, eyen from everlasting to everlasting, Thou art God. We thank Tllee, 0 Holy One, that in a world of fleeting change and w.bere naught abides we can take refuge in Thee who inhabitest ternity. Because Thou a r t so great, and for that Thy years

lu1. ye no end, therefore canst Thou stoop even to us who seem but c:hildren of a day. Bend oYer us now, we beseech Thee, and for our weakness give Thou us of Thy str ength, and in the da rkuess of our sorrow bid the light of Thy H oly Spirit to shine upon us.

Thou knowest a11, our Father, and because Thou knowest Thou cau.,t help. Thou knowest how weak and frail we are. 'fherefore look we unto Thee, who art Lord alike of life

and of death. To Thine unfailing compassion we turn, eyen to Thee, who dost note Thy children's pain and sorrow. We bring to Thee our empty hearts, our loneliness, our pain, aml lay them at Thy feet. If we drop a tear, it is not because we doubt Thee or because \Ye murmur at Thy will, but because of the great love we bear to him whom Thou hast called from our visible presence and whom we this day mourn. In Thy 1rnme we consecrate this day to him. .

Thou hast taken from us, our Father, the Yice President of this Kation ancl the Presiuent of this Senate. As we record the greatness of our loss and faintly utter our tributes of love and honor aid Thou us. Touch Thou our lip , we pray Thee, that the measure of our hea rts' affection may fiml utterance this clay. Inspire our minds, and by Thy Holy Spirit quicken our remembrance, that tlle life which Thou hast taken from u. may live before us as he liYes before Thee.

0 Thou who art the GiYer of e\ery good and perfect gift, sin­cere and ferYent thanks we render unto Thee for the life, the character, and the public senice of Thy seryant, the Vice Presi­dent of the United State . For tbe fruitage of his labors, for the blessed and unfading memory of his life, for these, our Father, we thank Thee more than our lips can say. And now, that Thou hast called Thy senant to Thy nearer presence :on<l to Thy higher service, we yield him to Thy lo-re and keeping. ::\lay his soul rest in peace!

We commend to Thee, mo t merciful Father, the hearts rnaue desolate by this loss. Let the light of Tby countenance di pel the grief and gloom of the home where Thy erT::mt was wont to dwell. Comfort, we pray Thee, the wife and family as we, alas, can not do. Touch their hearts with Thy Joye and heal tbeir wounds. Though Thou leaue t tllern through the rnlley of the shadow of death, urny they fear no evil. I.et the rod of Thy faithfulness and the stuff of Thy Joying kintlne s comfort them. Gi rn unto them beauty for a bes. the oil of joy for mourning, and the garment of praise for the spirit of heayiness. Gra­ciou ly grant that neither life with its burdens nor death with its sorrows may be able to eparate them from the love of troll which is in Christ Jesus our Lord.

And now may God our Father, who llast loved us witll an e•erlasting Joye and called n into His eternal kingdom iu Christ, comfort our hearts and stablish them in e•ery goou wor<l ~nd in eYery good work. L'nto IIirn l>e glory and honor, domin-1ou and power, now and foreyerrnore. Amen.

MEMORIAL ADDRESSES ON TIIE LATE YICE PRESIDENT SHERJL\~.

The PHESIDEXT pro tempore. Fm.· tile purposes of this ~ommemoration a c~rtain oruer of exercises has been nuovtcd, m pursuance of which there \Yill be audre ·ses made by ~enn­tor. and some of the guests on this occa. ion. The Chair now recognizes the enior Senator from New York [:llr. RooT].

ADDRES S OF SEXATOR UOO'l' . •

~lr. ROOT. Mr. President, Yice Presitlc-nt SrrER:UA.~ wa born in the city of Utica on tlle banks of tlle Mohawk. on the 24th of October, 1855. He came of Eugli 11 stock. Hi~ father, Richard U. Sherman, was a nati\e of the same county and was one of its well-known and esteemed citizens. His grand­father, Willett Sherman, wa one of the early settlers upon the lands relinqui shed by the Oneida I ndians toward the close of the eighteenth century, and he was one of the first manufacturers of central New York. The grandson was graduated from Ham­ilton College in the class of 1 78. He was admitted to the bar in 1880 and became a uccessful lawyer. In 1884 be wns made mayor of his nati\e city. In 1886 be was cho en b:r the people of the great manufacturing region of tlle upper ~Ioha\Yk to represent them in the Fiftieth Congress; and for more than 20 years he continued to represent them with but one break in his continuous service through reelection to the li'ifty-tirst, Fifty-third, Fifty-fourth, Fifty-fifth, Fifty-sixth, Fifty-seyeuth Fifty-eighth, Fifty-ninth, and Sixtieth Cougresfie . He becam~ a potent factor in the House of Representative . He was au acttve member of the Committee on Interstateaml Foreign Com­merce; he was chairman of the Committee on Indian Affairs; and he was long a member of the Committee on Rules. one of that little group of three constituting a majority of the committee, who, under the former rules of the Honse, guided the cour e of legisla tion and accomplished tlle nearest ap­proach to responsible parliamentary government which this country bas ever seen. Through frequent uesignation as Chairman to preside oYer the House sitting in Committee of the Whole, wher e so great a part of the busines. of the Hon e is done, he gradually rose to general recognition ns n. l)arlin.­mentarian of the first order and a presidiug officer of tl1e hjghest effectiveness. In his own city, as the year:- pa:::>e1l l evidences accumulated of the respect and coufidence in which

3206 CONGRESSION L RECORD- SENATE .. FEBRUARY 15,

a community so rarely err while it render unpremeditated judgment upou the character of one known through the con­tact and ob ·ervation of daily life. Ile was made treasurer of llis church, the Dutch Reformed Church, of Utica, and chairman of its Mard of trustees. He was chosen to be president of the Utica Trust & Deposit Co. Ile was made a trustee of his alma mater and a member of the executi"ve com­mittee of its board of trust. Children grew up about him and the wife of his youth, in a home where nrtue, family affection, chccrfulne s, honor, and obedience ruled. It was one of those home which, indefinitely multiplied among a people, are the afe foundations of just and free self-go"\'"ernment, and sure

guaranties o:t the future in a republic. From near and far throughout that region the unfortunate and struggling learned to come to him, their Representative, and his kindness and ready sympathy ne,·er failed them. No trouble of another TI"as eyer too great or too small to command his attention. His 1'>atieuce under such demands was ne\er worn out. His will­iµgne to take trouble for others was never O\ertaxed. In the feelings of his people grateful appreciation of the poor and humble for his kindly service was minaled v.-ith general pride in the honor of his representation and of hi citizenship.

Tlle long and distinguished career as a Ilepresentative in Congre wa brought to a close by l\lr. SHEBMAN's election to the Yice Presidency in Noyember, 1908. He was renominated l>y his party for the same high office in Wl2, but a fatal malady already had been established, and before the election, at his home i!l utica, on the 30th of October, 1912, his earthly course cawe to its end.

Senator know, but few outside of the Senate fully appreciate, how great a ser,ice he rendered as presiding officer in this Chamber during the three and one-half ye:us which followetl the inaugurntion of l\larch, 1900. Only experience mn gi\e a full understanding of the difficulties of legislation, the obstacles to progress in legislatirn bu iness pre ented by the persistent ad­Yocacy of a multitucle of varying opinions, and the impossibility of wise and judicious consideration when feelings are exas­perated and persou::tl prejudices and antipathies are excited. Only through experience can one learn how much the uccess of le0 'islatirn con ideration depends upon the spirit which per­Yacle the legi latirn chamber, and how much depends upon the firm and intelligent application of those rules of procedure TI"hich the experience of centuries ha shown to be nece sary in the con­duct of legislation. During all the years in which 'ice Pre i lent SHERMAN presided ~rrer the Senate we felt the calming and steadying effect of a serene and potent presence in the chair. The justice of hi rulings was the product not merely of intellec­tual integrity, but also of essential kindliness of feeling and con­sideration. Not only the rulings were fair, but the man wa fair. He wa strong and self-possessed and untroubled, with a gentle and delicate sense of humor subdued to the proprieties of the place, with swift certainty of concltrion, founded upon knowl­edge and accurate thinking, carrying con\iction and making ac­quiescence natural. He expedited business by always doing promptly the right thing without vacillation or delay. In the rare instances when he found him elf mistaken, prompt acknowledg­ment and reparation were accorded with such frank sincerity that the sufferer by the mistake felt himself the gainer. He was positi"rn without dogmatism; certain without personal overcon­fidence. He controlled procedure under the rules without mak­ing them the instruments of irritation or oppression, and with­out sacrificing the spirit to the letter. Senator of all parties became his friends. All lamented his untimely deatll, and all join here in doing honor to his memory.

All associated action among men exhibits an inevitable con­flict between the idea of combined efficiency and the idea of individual freedom. Neither can pre\ail without some sacrifice of the other. The difference is temperamental, and the two types of character are hard to reconcile and are prone to mis-judgment, each of the other. ·

l\Ir. IIERMA~ was of the type which seeks efficiency by the Jaw of it nature. Ilis instincts were for order, discipline, intel­ligent direction, ·rnJuntary subordination to a common purpose, definite corr!:!lu~ion , achie>ement. So in politics, from first to la t, he wa alway for party organiz::i:tion and 11arty responsi­bility. In the House he was always for the mo t effectiYe rules of procedure ancl a a parliamentary presiding officer he na.tur­aliy made the npplication of parliamentary rules a means of progress rather than an obstacle. His character exhibited in high degree the \irtues of his type. He had the capacity for sympathetic appreciation of the feelings and moti1es of others which makes associated action easy. He had a genius for friendship which concilinted affection and di ·armed enmity. He thought much of the common cause in which he wn en­listed, and little of his o~Yn adnrntage; much of general sue-

ce' and little of personal adrnncem nt. He was mod ;t anll una suming-never \atmted himself or pre ed himself for­ward. He neyer ought the spotli<>'ht on the public tage. He was free from the exaageruted egoism wMch has wrecked mqny fair causes. He had the unselfishnes and self-control to obey where others . rightly Jed, and be had tlle clearnes of intelligence, the force of per"'onality, and the deci •ion of character to lead, so that others might follow. He was , imple and direct in thought and action. He wa frank and truth­ful and entirely free from that cowardice which breeds de­ception. Ile had naturally an uncon cious courage which needed no screwing up to the sticking point. Among all th multitude who have known him, in boyhood and in manhood in prirnte and in p~blic, not one can recall a mean or ignolJl~ or cruel or deceitful word or act on his part Ile was sincere in his beliefs, he was faithful to his word, he was steadfast in his friendships, he was loyal to every cause that he espou~ed . His life made men happier; his example is run.kin~ men better. His senice will endu»e in the fabric of our institutions.

In this Ilepublic, unlike many nations which enjoy constitutional government, we grant no titles of nobility nnd no decorations for honor. As public se1'T'ants complete their work and pa · from the stage of action, the judgment of their contemJ)oraries finds no such de.finite means of expression, and so we llil. \e come here to-day to render in this ceremony the Yerdict of our genera­tion upon the pri\ate Yirtues and the public senice of JAMES SCHOOLCRAFT SHERM..L~. The Senate and the House of Ilepre-entatives, the Chief Ju tice and the A. sociate Ju tices of the

Supreme Court, the arnba sadors and ministers of foreign pow­er , the Pre ident and hi Cabinet, the civil and military and na>al officers of the Nation, a multitude of friends who !mew him and of countrymen who knew him not, join here to set in the nrchi\es of our Go-.;-ernment a record of honor which will t·emain o long as the Xation he sen·ed so well endures.

ADDTIESS OF SEX.iTOR MARTIN OF YITIOIXIA.

Mr. l\IARTIN of Virainia. i\Ir. President, to an orator or an e ayist the aspirations, achievements, and character of the late Vice P resident SHERMAN would furnish a theme big enough and broad enough to invite and justify an effort of the most philo­sophic and ambitious proportions. My time opportunicy and humble abilities have not tempted me to undertake to off r to the Senate to-day anything on that plane. My only de ire i \ery briefly and in plain and simple word to pay ome tribute to the memory of a personal friend, a patriotic citizen, and an able and upright public officer.

I knew Vice President SHERM.i:L chiefly in hi relation to the Senate as its presiding officer and in his r elations with Senators in his daily contact and association with them. II TI"as elected Vice Pre ident of the United States on the 3<1 day of No>ember, 1908. He took the 03th of office and entered upon the di charge of his duties on the 4th day of l\Iarch, moo. On that day he first presided over the Senate. The last day on which he presided O\er the Senate was the 12th day of June, 1912, at which time a serious illness, which on the 30th day of October, rn12, terminated fatally, compelled him to discontinue bis actiYc work and go to his home at Utica, N. Y., where on the 30th day of October, 1912, he departed thi life.

Between the 4th day of .March, UlO~, and the 12th day of June, 1912, a 11eriod of three years nnd more than three months, he was rarely absent from his post of duty in the Senate. During that period I can say with perfect safety that no one heard from him, either from the chair as the presiding officer of the Senate or in his association with Senators, a harsh, un­kind, unju t or unpleasant word.

The Senate during my 18 years of service in the body has been forttrnate in its presiding officer" but in no instn.ncc, either of a Yice President or a President pro tempore, bas the body been honored with an abler, more courteous, or more impartial presiding officer than Vice Pre. ident S.EIE.IlMA.N. He was as just and as fair to one side of the Chamber as to the other. Ile was as courteous, considerate and as just to the Democrats as he wa to the most con picuous and able Repub­licans in the body. He was by training and conviction a Re­publican in politics; he was always loyal to his party. He wa. by nature a partisan. I have no doubt I am as inten e a parti­san as he wa , and I trust I am as dernted to the Democratic Party as Ile was to the Republican Party; !Jut, Mr. Pre~iclent, in tlle Senate there is much less of politics than is generally supposed to exi t.

In respect to questions e sentially political in their nature Senators divide on political lines, but questions of that char­acter constitute only a •ery ..,mall per cent of the questions which come before the Senate; and in defining questions e en­tially and properly . political I would limit them to questions in

1913. CONGRESSIONAL RECORD-SENATE. -3207 respect to which Senators form their op1mons in accordance with their convictions as to the policies in their judgment most promotive of the public welfare. In tlle Senate rarely, if ever, are questions treated as political questions with a view to gain­jng political advantages for the one party or the other. From: my experience and observation in the Senate I can say I have found very little disposition on either side of the Chamber to <leal with public questions with a ·dew to party advantage rather than with a view to the public welfare. From this broad and patriotic point of view the late Vice President SHERMAN was a partisan in respect to questions essentially and properly of a political nature. So long as men adhere to this patriotic and honorable line of division on political questions politics does not and can not interfere with corclial personal relations or lead to unjust, unfair, or partial rulings from the Chair. A par- · tisan only in this higher and nobler sense, and actuated only by patriotic motives, it was inevitable that the official rulings of Vice President SHERMAN from the chair would always bear the impress of honest conviction and intelligent considera­tion and command the respect of Senators on both sides of the Chamber.

As his rulings were impartial as between the two political parties in the Senate, so his personal friendships were not confined to the members of either one of the political parties. He was my personal friend. My associations with him con­stitute one of the most pleasing features of my public life. He enjoyed to the fullest extent the confidence and esteem of the Democrats as well as of the Republicans of the Senate, and with many of them he was on terms of the closest friendship. Democrats consulted and advised with him as freely as the Uepublicans did. There was no sham or hypocrisy in his char­acter. In his personal association with Senators he was always frank, cordial, and courteous. In the conduct of the business of the Senate he was attentive, Yigilant, just, and able. He was a careful student of parliamentary law, and in his rulings rarely, if ever, erred; but whether he erred or not, there was never an occasion during his official life in the Senate when any Senator questioned his fidelity of purpose or his careful consideration of any question presented to him or his earnest {lesire to dispose of it correctly and justly.

His death brought the deepest sorrow to ernry Member of this body. In the official business of the Senate he has been missed more than words can reasonably express. The country ut large has lost one of its noblest citizens and a public officer of the highest ideals, de1otecl to the faithf"11 discharge of e1ery duty devol1ecl upon him.

ADDRESS OF SEXATOU GALLD<GER.

:\Ir. GALLINGER. l\Ir. President, when on a certain ocC"asion the late Yice President called me to the desk, saying that he felt rn, and asked me to take the chair for the remainder of the day, he added, with pathos in his voice, "I am not at all sure how long I shall be able to continue to preside over the Senate." He then told me something of his fears, and as he left the Chamber my heart sank, and what followed a little later was not a matter of complete surprise to me. As was his custom in emergencies, Mr. SHERMAN made a brave fight against the dis­ease that had fastened itself upon him, and only surrendered when poor, weak human nature succumbed to the inevitable.

J A::MES SCHOOLCRAFT SHERMAN was a strong type of the best ju our public life. He was an intelligent legislator, an ideal presiding officer, a powerful debater, and an orator of acknowl­edged nbility. He was a good friend, a char~ing companion, and a Io1ing husband and father, whose popularity was nation­wide. His death was a shock not onJy to his countrymen, but beyond our borders it was felt as a calamity. He died as se­renely and bnwely as he li\ed.

l\1r. President, the predominant note in Mr. SHERMAN'S life was geniality and good nature. Fr'om him radiated a sweetness and tcrnlerness that were contagions. No one came in contact with him without feeling the influence of a pure, generous, lov­able sonl. He wns kind to animals, fond of sports, and a lover of nature. In good literature he found great pleasure, and in the stndy of economic questions he took special delight.

In both Houses of Congress l\Ir. SHERMAN was universally liked, and in cT"ery relation of life he was honored and re­spected. We s:Hlly miss him from this Chamber, where be was held in highest esteem by the entire membership. While a strong party mnn, he was free from narrow partisanship. He was in the truest sense a patriot, loving his country :rnd its in­stitutions, and deYoted to the happiness and welfare of all classes of Hs i1eople. He was broad-minded and Jurge-hearted, incapable of n meanness, and filled with sympathy and love for his fellows. Such a life surelv did not end when death came. 11ather let us belieye that it w·as the beginning of a higher and

better existence, and that the earthly activities of our fr.iend were but the prelude to a life of greater beauty, of grander aspirations, and of nobler achiu-ements. In the contemplation of the Jjreat mystery that surrounds death and immortality, which no one, howe1er wise, can fully interpret, we may well exclaim:

Shall I say that what heaven gave Earth has taken ?

Or that sleepers in the graye Reawaken?

One sole sentence can I know, Can I say;

You, my comrade, had to go, I to stay.

And so, l\Ir. President, to this brief and inadequate tribute to a dear friend, whose memory will always be lovingly treasured. in my heart of hearts, I can but add the simple word "adieu."

ADDilESS OF SEKATO!l THORXTO::-<.

l\Ir. THORNTON. l\Ir. President, it is to me a somce of mingled sorrow and pleasure to ha1e been asked to speak on this occasion.

Of sorrow, because it brings freshly to my mind the thought of the loss of him whose memory we are assembled to honor, and of pleasure because of the opportunity given me to add my short tribute of respect and affection to the fuller tributes placed on the altar of his memory this day.

It was not my good fortune to know him as long as did others who have preceded or will follow me, but I shall ever esteem it fortunate for me that I knew him at all.

.My acquaintance with l\Ir. SHERM.AN only dated from my entrance into the Senate in 1910, yet in the time that I knew him I learned to love him because of his sweet spidt, his gracious demeanor, his kindly consideration, coupled with the fine sense of humor that added to the charm of his personality and made his companionship so agreeable.

These were the traits of character that won my heart soon after we met and held it to the end.

And it is not on the statesman, the Congressman, the presiu­ing officer of the Senate, or the Vice President of the United States that my mind lovingly dwells, but on the lornble man.

And I do not know how better to illustrate these winning qualities I ha-re mentioned and the recognition by others of their exercise than by relating an incident in which he and I n·ere the actors and the comment of a third party thereon.

He was not presiding over the Senate on the morning I was sworn in, and I did not meet him for four days thereafter. Then he came to my seat and with that pleasant smile we all so well remember, said: "Senator, I have not bad the oppor­tunity of making your acquaintance, but I wish now to intro­duce myself and to say that I welcome you to the Senate and hope your stay with us will be always agreeable and pleasant to you."

And after a moment of pleasant chat he left, taking a part of my heart with him .

.About a day after this little incident, one of my Democratic friends from the House of RepresentatiYes, who had seen long service in that body with Mr. SHERMAN and was on intimate personal teribs with him, came over to the Senate and sat down by me and said: "Have you met my friend, JIM SHERMAN, yet?" Then I told him of the incident of the previous day and of how much I had appreciated the gracious action, and his comment was: "Now is not that exactly like JIM SHERMAN."

This was the beginning of my acquaintance with him, this the first of the many acts of kindness shown me by him during tlle two years that followed until death stayed the hand always so ready to be uplifted for the help of others.

And so _it was that I learned to lorn him while he was here, and so it is that I shall love his memory since he has gone.

And I am sure that my experience with him is that of all with whom he came in contact, for he was filled with the spirit of kindness toward others an<l many there are besides myself who Io1ed him living and mourn him dead. And if the beautiful clream of the poet be true, that on the roll of the book of gold hereafter the names of those who 101ed tl.leir fellow men shall be first inscribed, then will his name be fournl high up on the list. •

We will no more see the winning smile, no more feel the cordial hand grasp, no more receive the nets of kindly s:ympa.tlly, but the memory of it all will remain with us and make us fee~ thankful that we knew one whose impulses through life prompted his conduct toward others to the end that he might contribute to their happiness.

ADDilESS OF SEXA.TOil LODGE.

Mr. LODGE. i\Ir. President, the tie which binds those who ha Ye been long together in the public sen ice is apt to grow very close as

3208 'CONGRESSIONAL RECOR.n-=--sENATE.i \ ' ~ ..::::..- - ~

the year glide by. 1\lr. SHERMAN and I, as it ehanced, negan our congre sional life at the same time, in the Fiftieth Congress, 26 years a"'o. Except for two years, when he was out of the House for one term, we have been together ever since. He remained in the Hou e, was one -0f its most trusted leaders and most efficient l\lembers. During all those years I saw him constantly, and it wa with peculiar plea ure that, as the president of the con­vent ion, I declared his nomination as the Republican candidate for the Vice Presidency in 1908. His service here in the high office to which he was chosen is so recent that it is as fresh in our minds as the grief we have all felt for his untimely death. I ay ' untimely," for he was still far from the chilling pre­cinct of old age, and any death is premature which sh·ikes a man down when Ile is in the prime of his abilities, when he is ripened by long training and wide experience, and when his life is till ·rnluable to his country, still ample in promise for a yet larger service in the fut ure.

Of his long and uccessful career as a legisla.tor I shall not attempt to speak. Others who saw him at work year after year in the House can alone do him sufficient justice in this respect. But there is one phase of his public work of which I wi h to say a few words because he there attained to an excel­lence not often reached in what is always an exacting and some­time an unO'rateful duty. During his long service in the House he gradually came to b recognized as the best Ohairmnn of the Committee of tlle Wllole whom that great body had known in many years.

To preside not merely well but effectively in the House Com­mittee of the Whole is a severe test of a man's qualities, both moral and mental. He must have strength of character as well as ability, quiclme s in decision must go hand in hand with knowledge, and firmne ·s must always be accompanied by good temper . .

Many if not most persons seem to regard parliamentary law as a collection of haphazard and arbitrary rules. No Yiew could be more erroneous. General parliamentary law, like all other systems of law or jurisprudence, rests upon certain underlying principles, and is designed to carry out those principles and to effect particular purposes for which the system exists. Parlia­mentary 1a w aims to insure the transaction of business by leg­isl:itirn bodies, to eliminate disorder and confusion from the proce , to make impossible the occurrence of situations wllere there is no thoroughfare and no way out, and to preserrn the proper rights of minorities.

For the attainment o! these objects, so essential to the trans­action of business in any legislatiYe assembly or any large body which debates and vote , parliamentary law has been de­Telopecl by practice and perfected by long experience. A pre­siding officer of high and marked ability like Mr. SHERMAN must therefore posses a full knowledge of the principles upon which parliamentary law is based and also understand the philosophy of the system so that he can apply it at will to any giyen question. Besides this familiarity with general parlia­mentary law and in addition to a firm grasp of its principles, a presiding officer must know thoroughly the rules of the partic­lllar body which he series. In the case of our House of Repre­sento.ti1es the rules are many and complicated and the literature to which they have gi1en rise in discussions, decisions, and precedents is voluminous in the extreme. In the Senate, on the other hand, the rules are simple and their burden is light, but they are administered in conformity with habits and cus­toms which have slowly grown up during a century and which, for that very reason, can be understood and appreciated only by the exercise of patient and observant care. Mr. SHERMAN, as Chairman of the Committee of the Whole in the House and as President of the Senate, met the exacting and very difficult re­quirements of both positions with a success as complete as it is rare. He was equally master of general parliamentary practice and its principles .and of the various systems peculiar to the two branches of Congress. Always alert, prompt, and clear in decision, rapid in the conduct of business, he was courtesy aniJ kindness itself to all the l\Iembers of the House and Senate. A strong party man, of deep convictions as to political principles, when in the chair he recognized no party divisions on the floor. To him in that high and responsible place each Member of this body was sim1)ly a Senator with rights and obligations equal to those of eyery other 1\fember of the body. He understood thoroughly also that most essential fact, that the first duty of u r1residing officer is to preside, and, when questions of order are raised, to decide. Ile realized fully that it was far better to run the risk of an occasioij.al error, against which his knowl­edge and experience protected him, than, like Lord Eldon, to say continually "I doubt." He knew that the presiding officer wh.0 hesitates is. if not :always lost, quite sure to find control of the helm slipping from him. to see the public business drift off on the lrnffiing waves of debate, ground on the shoals of

• . delay, or sink, a helple s wreck, even when in sight of lana. : Ther~ore he ruled, as he conducted the general business, clearly and without doubt or hesitation.

' He exhibited also in a high degree, wheneyer occasion de­manded, the steady courage which is at all times so important, but which is not always associated in the minds of ·most people with the <JUalificatlons of a presiding officer. Correct rulings may readily be as unpopular as a righteous 1ote or an honest speech, and it is "\"ery easy to create a doubt under cover of which the unpopular ruling can be escaped. This :Mr. SHERMAN neYer did. He was as incapable of making n wrong ruling through fear as he was of ruling wrongly to advance a per­sonal or party interest. I remember well one occasion when a very popular and much-desired amendment was offered to an appropriation bill where it was plainly out of order. Under the Senate rules the Chair may submit a question of order to the Senate. It was not necessary in this instance thnt Mr. SHER­MAN should rule wrongly; it was only necessary to stand back and allow the Senate to set the rule aside. Ur. SHEBMAN was urged to submit the question of order to the Senate. He declined to do so. He refused to evade his duty. The point of order wa made, and he sustained it. It was not popular to do this, but it was right, and the act showed not only courage but a high con­ception of public duty.

I have dwelt upon this single phase of Ur. SHERMAN'S public service, because time forbids that I should do more and because the high excellence which he achieved as a presiding officer, both in the House and Senate, is in itself at once an exhibition and a proof both of hi ability, his intellectual keenness, and of · his force of character. But I can not end these most inadequate words without speaking of him for an instant as a friend and wholly apart from his public service. He was one of the best and most loyal of friends. Indeed, his loyalty to a friend was so strong that he more than once bore u·oubles not his own and endured censure when he had no fault, rather than de ert one to whom his friendship had been giyen. He was one of the pleas­antest and most agreeable of companions, full of fun and humor, and with a sympathetic interest which ranged over many sub­jects and touched many men. By those who knew him \Yell he is greatly missed. Not a day goes by that I do not think of him here and of our talks together, that I do not wi h I could hear once again that hearty laugh and cheery voice, that I could see him as he was, now serious, now mirthful, but always strong and kind and full of sympathy 1vjth those for whom he cared. He died in the highest office but one of the Republic. The office will be filled, but the place which he had made for him e1f in the affection of those who knew him will remain yacant mlll unoccupied.

ADDilESS OF SENATOR KER~.

Mr. KERN. .Mr. President, it was during the pre idential comriaign of 1908, and in the city of Chicago, that I firnt met JAMES S. SHERMAN. We were opposing candidates for Vice President, and at that particular time and place the political situation was the subject of well-nigh uni1ersal discus ion. Both of us were in the midst of the contest. I haye ne-ver for­gotten the genial warmth of Mr. SHEBMAN's greeting and the ease with which he captured my friendship.

Before that meeting. I had him in mind as a formidable political adversary-a foem:m worthy the steel of any man, but none the less a foeman. After looking into his genial face, which reflected · that gentle spirit, and hearing his words of kindly greeting which so clearly proceeded from a heart full of affection for his fellow men I was neyer able to regard him otherwise than as my friend.

Some weeks later as the campaign proceeded I was about to be introduced to a very large political assemblage in his home city of Utica, when a telegram was handed me. It was from l\Ir. SHERMAN, who was in a distant part of the country, bid­ding me welcome to his city, expressing his hearty good will, and urging me to call upon hi family while in Utica.

A few days later, when the word came to me that a member of my family had been suddenly stricken by disease, I had scarcely turned my face toward home, abandoning the compaign for a time, when from my opponent, this great-hearted man, came a message full of sympathy, ex.pressing in tenderest phrase his hopes that my worst fears might not be realized.

Within a week of the election, when a foul libel assailing my reputation had been published in a single eastern newspaper the first knowledge I had of the article came from Mr. R E:RUAN, deprecating the publication and reassuring me of his high personal regard.

When I came to the Senate two year ago he wns so anxious to show his good will and emphasize hi i1ersonal friendship that within five minutes after the oath had been aclministered to me he invited me to take the gavel and preside 01er the Senate. I protested that I was a strange1', not only to this

1913. . CONGRESSIONAL RECORD-SENATE. 3-209 botly I.mt it procelln.re, but .he insisted,. sayingr "It will be only for a few minutes and it is for my ov.n pleasm·e and gratifi­cation that I ask you to do rue this personal fayor."

And from that time on until the last he ne\er lost an oppor­tuuity to make me feel that ho-we\er wide our political differ­ences-and they were iITeconcilable-I lla<l ill hlm a friend on \\hose .fidelity I migh always rely.

Such incidents may be tiresome, in so far as tlley refer to my personal connection rnth them but it seemed to rue that the re<'itul of these bare facts would serrn to illustrate the kindne s nf heart and nobility of spirit of this man whose untimely uenlli ''e mourn, "ith far greater ...force tban I could po sibly l10rtray tllem in any combination of words, howe\er ingeniously arranged or eloquently expressed.

Whfle the election of 1008 brought to me defeat, dIBastrous ns such things are counted. or measured amongst men, the cam­paign brought to me in the nature of recompense the friend­ship of this man, ''"hich during hi life I treasured as one of my dearest possessions, and now that he has "gone forever ancl ever by," the memory of that fciemlship mil bless and in­. pire me to my latest day.

There are men here who knew him intimately throughout his long and honorable public career, covering a period of ne:i.rly :i

quarter of a century, and who, tllerefore, must huve loved him \Yell, but I doul:>t if any of such men had greater reason than. I for yielding to him a full measure of affectionate regard or who felt a deeper sense of personal loss when death took from me such a friend.

It is not my purpose to peak of this man's official life, uor of the distinction gained by him during his years of sernce a a Representative in Congress of a rich and populous district, or tho e other years of serTice here as the \ice President of the United States.

The people of the Utica district honored antl trusted him, and he was altogether faithful to their interests. They lo>ed him, and h~ gave them his personal affection in return. H0' won their continued support by hi fidelity to duty, but he won their hearts by his unfailing kindness ancl gentle bea1ing to everyone.

.And so in this body. As a presiding officer Ile \\US able arnl impartial, and because of the ability \Vith which he discharged the dutie of his high office he was honorell by the Senator. from every State. And yet when he clied and a deep sen e of 11ersonal loss and berea\ernent oppressed us, it was not of his great ability as a presiding officer, or the loss that the Xation had sustained in the loss of its \ice President, that we thought first, but rather of the great heart of the man, of his genial manners, his gentle ways, and his never-failing love for his fellow man.

House of Rep1·esentaiiTe two yea.rs before. We were of the same a<Ye. We were both Republicans. We became friends. We served together four years. We were both retired from

' the publie ser\ice on the 4th ot llarch, 18!)1. We did not meet again for 15 years.

In those inter\ening yea:rs he had been returned to · th.e 1 House of .. Representati...-es, where he had risen to position and to POl\er. I had gone back to my State, to find another call to serTice.

When we agn.in met in this Chamber, a decade and a half had TI"rought great changes in political pru:ties and in the country. \Ve -were both Republicans, but he was of one school, I of another. He belie\ed that the interests of business and' the interests of the counnj· \\ere at all times identical. I belieTed otherwise. But while we disagreed on many if not most matters of legislation, om· friendly per.,onal relations re­mained unbroken to the end.

Looking oack upon the years in which he laid the fonnd..'l­tions of his ca:reel', I can well understand its infiuence upon his conception of the obligations of puolic service. The strnngest men are, in some degree at least, the product of their environ­ment. But whate\er may have been the influences directing the conrse of l\Ir. SHERMA.~'s thinRing, that cour e was a steadfast and consistent one thrnughout his life. His convic­tions were strong and were strongly maintained. He never kulked or ernded, but with re olution and courage fought out

every issue openly, to victory or to defeat. From tlle House of Representatives he was chosen to be Vice

President of the United: States. But in the hour of his greatest triumph, when life and hope were strongest within, the hand of death was laid upon him. At tile very threshold of his new career the grim messenger met him. From the first its shadow went with him in and out of tllis Chamber, stood over him at his de k, followed him down the corridors, 1mrsued h4n to his home. .Month after montb, wafting or sleeping, in social cheer or the still hours of the night, it was ills constant companion. Before all others he was the first to know what threatened him. llis ear fir t ca:ught the mandate that chills the heart and siows the pul e : "Be ye rea.dy, tile summons cometh quickJy."

He indulgecI in no delusions touching the final issue. Ilis clear Ti:'sion saw . traight to the open tomb. To go down iu defeat and to rise again and fight on demands courage of a high order. To face death when it breaks life off in the middle and to make no- sign is tile supreme test.

He understood. But he took care that those who we.re nearest n.ml deare t to him should not know. He bore an outward geniality anu ~pirit that dispelled fear from. all his friends, while caring for every detail, and' making the final preparation.

His public record is 011e of 'thich his family an~ friend may be ju tly :proud. He will be doubtiec: remembered as a com­mancllng figure in the councils of tlle Nation in that period dur­ing which he served the people. But beyond and above ::i.ll this, the memories of his cheery smile~ his lrlndly deeds, his generous ' condnct toward political friend and foe alike, which made men lo'\=e him, will find tlleir way into tl'le history of the time in whfch he- lived, and in the homes of the people at least will add luster to his name.

l\Ir. Pre ident, the longest span of life. is· but u uay-a day of sunshine and shadow between the impenetrable clurk:nes. of two eternities. , The mystery of our coming and going we c:ui not sol Ye; but-

We beliern that God is overhead; And: as life is to the- lmng, So death is to the dead.

ADDRESS OF SE:X~TOP. WILLIA:US.

l\Ir. WILLI..UIS. l\Ir. President, l\Ir. JAMES S. SHERM.AN, Vice President of the United States, was cut do~rn in: the high tide of phys-iral and mental! virility and matm'ity. It is better that a man ho-nid ha\e the personal affection of

tlre hundreds who li:now him weU and l<Yv-e him fo-r tile sweet­ness of his life and character than tll:at he should ha1e llie av­plause of the millions because of great public achievement r

while hungering for the joys o-f perso"Ra.1 friendship of which he kno,Ts nothing.

The Divine. l\fa ter when on earth, being callecl! upan for a olntion of the problem as to what was. neces ary in the coBduct

of man to insure the inheritance of eternal life, declared that be wh<> loved God and who al o- lO""red his neighbor· as .lrimself should surely live, and in further exemplification of the law of lo~e which glorified the new dispensation declared: "A. new com­mandment I gi\e unto you, that ye lO'Ve one another."

What a true disciple of this Christfan doctrine, what a con­sistent follower of these divine teachings was the late Vice Pre Ident of the United States !

And if we may rely upon the teachings and promi es of the :\Ian of Galilee, as with confidence we do, then is the future of Ofil friend assured, for he has come into that inheritanee of eternal life which has been promised to an whor keeping God's commands., have loved their fellow men.

.A.DDRE S OF SE- A.TOTI LA FOLLETTE.

:\Ir. LA FOLLETTE. ~fr. President, in the brief time as­signed me I can offer but the simplest tribnte to a versonal friend.

I first met the late Yice President 25 years ago, "hen he became a Member of the Fiftieth Congress. I had entered the

Shakespeare picttn·es life as a one-act J;1lay with ~eTen scenes, · and of the se1enth he says:

Last scene of all. That e:nds this stl!ange ewntful histovy, Is second cbildisbne ff and mere oblivion Sans teeth, sans eyes, sans taste. sans everything.

Tile man whose personality we recall to-day lea. t of all men would ha1e desired to live that long. :Rather was his tem11era­ment that of one who would heed the admonition:

Gather ye rosebudS w.hile re may, Old Time is still a-flying,

And this same flower that smiles to-day To-morrow will be dying.

For that reason was he called "Sunny Jim.'' Ile was suuny in appearance, in speech, in thought, in feeling. Rnt it was not the riI>pling sunniness of short, breaking \Ya velets- on i.he surface ot a shallow brook; the strerrrn of his thought was deep and strong and steady.

· I first met him in 1893, when both of n were l\Icmbers of the Yrfty-thiTd Congress. We were of. totaJTy opposite school of political tIIOugfit, opposite heredities and' environments, but we soon became warm personal friends of that type who are said to be " hale fellows well met," extending one to tlle other­every possible personal courtesy, and in legislative work eTery possible favor consistent with our resr,Jecti>e partisan obliga­tions. He was · experienced, I not; and so it came to pass that he showed me how to do things in a parliamentary way.

. 3210 CONGRESSIONAL RECORD-SENATE . FEBRUARY 15~

In 20 years' acquaintance I never saw a frown on his face, nor <lid I ever see a shadow or a cloud. He must have had his sorrows and trouble , as all of us have, but whatever they were be nenr afflicted others with them. He shared his enjoyments, not bis worries, with his friends.

He had been when I first met him already a Member of tTI"o Congresses-the Fiftieth and the Fifty-first-though. defeated for the Fifty-second. He was after the Fifty-third a Member successh·ely of se1en more Congresses, and then for nearly four years Vice President of the United States. "He wore his honors meekly." Pride of office "\\'US as alien to him as taking h imself too seriously in any other "\\'UY would h::rve been. .Among his fellows he did his work patiently, vigilantly, intel­ligently, genially, and, above all, equably-never seeking the first place for glory nor the last to shirk labor or responsibility, but meeting with marked ability whate-ver fell to him as his slla re in his country's or his party's tasks in that great arena of struggling and often excited gladiators-the House of Rep­resentatives. The fa>or:ite of three Speakers-Reed, Henderson, and CAN ON-all of whom, when forced to lea>e the chair at critical moments demanding a quick, decisive, self-possessed, and able parliamentarian in their stead, delighted to call him to it, he yet never held a committee assignment in .the House higher than that of Judiciary at one time and Interstate and Foreign Commerce at another. For years he could have had a place on Ways and Means or Appropriations-the two leading committees there-for the asking. But there were always friends who wanted preferment, and he always subordinated hjmself to them, thereby making the task of the Speaker, who was in those clays always the party leader, easier and the pathway of his friends pleasanter.

He proYed himself easily equal, if not superior, where-ver he was placed. He fell below the demands of no responsibility or task laid upon him. His action was decisive; his speech facile, lucid, and terse, though nnpretentious. I used to thjnk in the House that he was the ablest and the readiest presiding cfficer we e>er had after Reed died, and that be handled bills of which he had charge on the floor more rapidly, more easily, and with clearer explanations to Members not on the com­mittee and seeking information than any other Member.

Above all, be did all with irresistibie pleasantness of de­meanor and appealing modesty. When with a point of order he took a Member off his feet and the floor, he did it with a smile, which was itself an apology, as much as to say, " I hate to trouble you, old fellow, but really the business of the House must go on in an orderly and prescribed way"; or, ''I hate to disturb you of all men, but this is my only way of meeting an exigency of party management." Of nearly all men I ever met, he knew best that no man has a right to take himself or his share of human work and human honors too seriously. Men are too many, the earth is too small, and other planet and solar systems are too numerous and large and earthly life is too short for that.

Oh, why should the spirit of mortal be proud? J,i.ke a fast-flitting meteor, a fast-flying cloud, A flash of the lightning, a break of the wave, He passes from life to his rest in the grave.

• * * * * • • And the fever called living Is conquered at last.

.After his death his friends may say that he was­A man that Fortune's buffets and rewards Ilas ta'cn with equal thanks.

I am not an old man yet, as life is measured here in Washing­ton, and yet there are perhaps more of the men who were in pulJlic life when l\Ir. SHERMAN and I first entered it who are now waiting to shake our hands on the other shore than there ar~ on this.

Friend after friend departs ; Who hath not lost a friend?

There is no union here of hearts That finds not here an end.

* * * ~ • • Over the river they beckon to us--Loved ones who've crossed to the farther shore.

rcrhaps the best thing we can do here is to so deal with men and women, too, that we shall be neither ashamed nor afraid to meet them hereafter. This I believe this mau did. I ha>e met hlm by the funeral bier; in the political struggle, where we cros ed swords in earnest and fateful conflict; around the ban­quet I.ward. Ile was always the same and always a gentleman, in manners, spc~b, and conduct. He carried sunshine with him in this life. Why can we not hope that he carries it with him over there?

Of cours2 none of us know with certainty what death is, nor can we know except with the eye of faith. How can we, when we c.J.o not even know what life is or whence it is?

Life! I know not what thou art, But know that thou and I must part ; · And when or where or how we met, I own to me's a secret yet.

Or, as another sweet singer expresses it: Like to tee grass that's newly sprung, Or, like a tale that's new begun, Or, like t he bird that's here to-day, Or, like the pearl'd dew of May, Or, like an hour, or, like a span, Or, like the singing of a swan-E'en such i · man, who lives by breath; ls here, now there-in life and death.

But if, as I fenently believe, existence is one duration, of which what we call life is one part on this side cf the dividing portal which we call death and of whir:b what we call eternity is the 11art on the other side-if, as Lor.gfellow says :

There is no Death! What seems so is transition; This life of mortal breath Is but a sullurb of the life elysian, Whose portal we call Death.

Or if, as another sings-The living are the only dead: The dead live never more to die__.

.then, why in sweet Ileaven.'s name can we not go through life as JAMES S. SHERMAN did, with smiles upon our faces, meeting our tasks earnestly and honestly, but cheerfully, not sadly-doing our best and leaying the sad faults and sins of us, like little children, to the pity of the All Fatller whose mysteriously weak and strong and unfathomable creatures we are?

The body of him has been laid away in "God's acre "-I like that ancient Saxon phrase which calls the burial ground God's acre; it is just-and though a Nation here, through us, its representatiYes, is met with fit obserrnnce to do him cere­monious honor-all deserved by faithful, long, honest, intelli­gent public scnice, deserved by courteous, kind-hearted hu­man ser>iccableness and cleanness in private life-I do not think be wants us to be sad or to make others sad in his death, except in so far as we can · not help it because of the mutual missing of him. It is for the living who have been left by the loving and beloved dead and not for the dead themselves that we are called to sorrow, because, as to him who has passed the portal where this "mortal coil," the flesh, is "shuffled off," a freer and n broader life, untrammeled by flesh limitations and undeflccteu by fle h temptations, begins.

The soul, immortal as its Sire, Shall never die.

ADDRESS OF SEXATOR CUllT!S.

l\lr. GCTI'rIS. Mr. President, no one outside his family circle felt more than did I the death of JAMES S. SHERMAN, the Vice President of the United States. For years I was as ociated with him in the House of .Representatives, and early learned not only to respect him but to love him. His qualities not alone as a man, as a legislator, as a parliamentarian, but as a friend, impressed themselves upon me and quickly endearetl him to me in many, ways, and that endearment deepen.eel as time went by. Mr. SHERMAN was more than a friendly acquaintance to those with whom he frequently came in contact. He was a fatherly man. He was at once interested in the things in which you were interested, and immediately took upon himself the cloak of helper and adviser. He was thus particularly useful and con­genial to new Members, and commanded for himself respect and support in everything he undertook. In fact, I believe, and make bold at this time to assert, that J .A.MEs S. SnERlIAN enjoyed the real loving friendship and affection of more men throughout the country than any oilier one American living. He bacl traveled extensively in the United States, and there was scarcelY. a town in this broad Nation in which he might appear, whether or not his coming had been heralded, that some man would not step to his side, and, throwing bis arm about bis neck, accost him in terms of pleasure and of attachment.

Long and close association with Ur. SHERMAN in the House gave me keen appreciation of his talents as a legislator, while all of you here to-day are aware of his exceptional abilities as a presiding officer and as an exponent of parliamentary law. While seeking no recognition as an orator, he was ready in debate, and, though kindly and considerate to his opponents on the floor, drove home arguments with such conciseness and gootl effect that defeat in a contest on legislative matters rarely over­took him. His readiness under all circumstances to gauge a situation in its true light, his quickness to take ad>antage of opportunities made him, to my mind, one of the most successful and best Ilepresentatiyes, and he was valued a.nd complimented as such not only by the people of his district but of the United States. His efforts were not centralized or localized. As chair-

I•

" 1913~ ' CONGRESSION.A.L RECORD-SEN ATE<t 32lt man of the- ·committee on Indian .Affairs and as a leading mem­ber of the great Committee on Interstate and Foreign Com­me1:ce his field of labor was· broad and varied, ancl in nothing <lid he shirk his responsibilities; but was constantly- working for the enactment of legislation of a character which would inure to the benefit of the public and of those whose interests were at stake. ~ large number of the most important statutes born in these committees bear witness to-day to his ability and able judgment.

Mr. SHERM.AN wa a partisan, open_ and unequi vucaL He made plain his position on public policie and public questions at e\ery opportunity, and rather; I always thought,.. enjoyed uch declarations.. There was never any misunderstanding as

t<> where he stood on any question,, and! he would lose with grace, upholding his ideals, rather than yield to those beneath who.,e Yeneering was a de ire to either please or a<lva.ntage his opponent. He disliked pretense and detested dishonesty. While easy of approach and ready- to listen to those who sougfit him, he was quick to detect and resent imposition or insincere moti\es. On such occasions his indignation w-ould assert itself by ngorous expression and prompt refusal, anc.l the disco\ery would rarely be forgotten.

Some of Mr. SIIER~AN's \\·armest frientls were numbered among those who did not always agree with him either in politics or in policy. He was democratic, unostentatious, genial. His sympathy was deep and easily stirred. He saw the right in all that he di<l, but finding himself mistaken in any situation or degree, his acknowledgment of the fact was quick, earnest, and sincere. In fact, in private- and public life :Mr. SHE1nr.A.N met, as fully as it is possible to meet, e--rery demand upon him a a citizen, a neighbor, a friend, and a statesman.

In his family relations he was particularly blesseu:. His enjoyment and contentment reached its height when his family was gathered about him, and its members, more than any others, will miss him as a de\oted husband, lonng, gentle father, and jealous protector.

It is c.Tifficnlt, indeed, to realize that J.nrES S. SHERllAN has gone never to return. Hau he been spared there were other heights which he might have reached, but after traTeling well the road of service to his people, his party, and his ~ ~ation, he was-stricken down in the prime of life and left us lonely and sorrowful at his demi e, We miss his cordial greeting, his heartfelt hand gra p, his tender solicitude. His me~ary will live always and we are better for having known him. His career will ever be a shining example before the youth of onr country and the tributes pai<l. him heretofore and to-du:}-, which, though they do not add to his worth or his greatness, are con­fes ions of love, respect, anc.l esteem on the part of those who not only knew him but who enjoyed in his pre ence arnr at his ,side- those delightful characteristics and that personal charm which endeared him to young and old and which remained with him to llie end.

Ile has gone. He has trod the path we ..,hall tread when the sUlUillons comes. Let us be as well prepared in all things as was he, for the good he did lives after him. Our struggle here may be longe1-, yet for whate\er time it be we will go on as "weary ships to their ha\en undeu the hill."

But 0 ! for the touch of a vantsh'd band, And the sound of· a voice that is still!

ADDRESS OE' SEX.A.TOR cu:u:nrxs.

~Ir. CUMllI1'7S. 1\fr. President, it seems to be the 'vay of this turbulent, fighting world of ours that in life the people, and e pecially the public people, are chiefly concerned with their nernr-ending disagreements; but in the presence of death, with its maje tic and solemn harmonies, we no longer hear the noise of the conflict and we lay aside the weapons of our warfare. We nre conscious then, as at no other time, of the immensity of that limitless region in which the peace of common purpose always reigns.

In his lifetime there were some tl1ings upon which the late Vice President and myself were not in accord, but now that he has joined the immortals upon the other shore my memory refu es to perform its accustomed office, and just now I am wondering what the e differences were. In the stead of a recol­lection of controyersy there comes trooping into my mind the remembrance-of his noble manhood, his lofty character,..his strong, keen intellect, his unsurpas ed candor, his perfect fairnes~,.. and his tender heart. Into e\ery political contest he carriecl not only the flawless courage- but the sensitive honor of the knights in the olden time. He hit harc.1, but only when he was face- to face with his adversary. The body of his enemy felt his blows; but the wounds he inflicted were always found on the breast, never on the back. The .American people had a name for him,

and they will cherish it ·so Tong as humanity holds the affection which lightens and sweetens mortal existence-.

T<> be IoT'ed by clo~ associates anu immetliute followers is-a. joy thrrt many men experience, but to be lored by the whole number of one's acquaintance is a dlstinction that but few men ha\e attained, and our lamented friend was one of the e · rare, choice spi.J.:its of the world'.

For nearly four years JAMES S~ SHER:\LL~, as Vice President o'f the United States was the presiding officer of the Senate. Oth­ers have spoken, and spoken well, of his seryice elsewhere-. Uy purpose is to record my high appreciation of his service here. The qualities which fit a man to guide the deliberations of a body like ours, to administer the rules which goYern it and to render quick justice to all its members, are rarely united iu a single man. High above every other quality is the power to be fair and impartial. l\Iost men, I think, want to be fail~, but there are only a few men who, in the- moments of stress and storm. ha\e- the capacity to be fair. \ice President SHER~AN had this quality in as high degree as any man I ever knew. During an the time he directed our deliberations he was emi­nently just. So successftll was he that throughout all the days of fierce debate, days in which feeling ran strong, there never arose the least suspicion of his perfect impartiality.

He was a skilled paTliamentarian. He was not only master of the general subject, but, what is more wonderful, he was master of the mysterious rules which we ba\e adopted for our­own government. His decisions were quickly made and were deli\ered with precision and emphasis. The operations of his mind were not only accurate, but they were Ughtninglike in their rapidity. He was courteous, but his firmne s was as striking as his courte y. .Many illustrious men have occupied the chair to which he o worthily succeeded, but I venture to say that no one of them discharged its duties more faithfully or more efficiently than did he.

All in an, I have ne,er known a presidin"' officer- who com­bined all the qualities of mind and conscience demanded by such an office more completely than they were united in him; :m<l when the Master called him he laid down the authority of his commanding position among us with the love, the respect, the confidence, and the admiration not only of e\ery Senator but of all his fellow men.

WHh hearts full of sorrow we say of him the oest that can be ..,aid of any man-the world is better because he liY-ed in it.

ADDRESS OF SE::-1".lTOR OLIVEil.

Mr. OLIVER. Mr. President, few men haxe li'red and died who were better loved than JAMES SCHOOLCRAFT SHER:l[AN. I leave it to those who knew him from his earlier :rears to tell the st01·y of his public life,. and will content myselI with saying a ver:y few words about SHERY.AN the man-for it was as man to man that we knew each other best. I neyer met him until after he was Vice President and I was a Senator, not quite fom· years ago; but we were thrown into close companionship during the long extra session of 1909, and from that association there grew a friendship which, on my part, was at least as strong as I e\er felt for any man, and I believe- that on his part it was just as strong. No man could I>e with him long without becoming his friend. His Yery presence compelled friendship. The sunny smile which dominated his face, and. about which so much has been said and written, was not the mere mask of the hail fellow well met, but the outward manifestation of an inborn and ingrained kindly nature, filled to the full with the joy of living and the delight of mingling with his fellow men. What most endeared him to men was his intense humanity. He was human all through, and he loved human kind; and those of us who were admitted to the inner cloisters of his intimacy feel that in losing him we lost a part of our own selves, and tlm t life for us will ne\er again be as complete a thing as it was before he was ta.ken away.

Hypocrisy was a thing abhorrent to him, anc.l political hypoc­risy he could tolerate least of all. Not once but often ha\c I heard him in unsparing· terms denounce men in public life who, to please the passing whim of the people, adTocated or sup­ported measures or policies in which he knew they did,. uot believe.

He was first and la t a partisan, and an intense one at that; but his- partisanship was in no way tainted with bitternern of spirit. It arose- from the very intensity of his convictions. He believed from his heart that his colmh--y's welfare depen<lec1 on the continued supremacy of his party, and he saw no path to prog1·ess out by way of its success; and with zeal unflagging and spirit undaunted, in and out of season· he labored for that success. I know, for he told me more than once, that with· ·waning health and growing years he longed to withdraw from

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3212 CONGRESSIONAL RECORD-SENATE. FEBRUARY 15,

the conflict, and spend the days that might remain to him in the companionship of the wife and sons who were the objects of his tenderest affection; but with his rare political insight he well knew that last year's fight was to be a losing one; and he would not-constituted as he was, he could not-be recreant in its ad­-versity to the party which had honored him in the days of its triumphant prosperity. So, like the true soldier that 1le was, he died with his face to llie foe, under the standard of the party he had served so well, and in whose principles he so im­plicitly believed.

He was a man. take him for all in s.ll ; We shall not look upon his like again.

ADDRESS OF SEX.ATOR. O'GORMAX.

~Ir. O'GORMAN. Mr. President, I join in tlle estimate of the late Vice President, which has been so eloquently pro­nounced by my distinguished colleague, and I share in the general grief caused by the premature closing of a career which only a few months ince was rich in achievement and full of promise for the future. It is no small achie\ement to sene as a political leader in city, county, and State; to repre­sent an important constituency in the National House of Rep· re~entatives for 18 years, and at the end of so long a period of exacting public service to be ele\a ted to within one step of the highest office within the gift of a free people. In public life such was the record of JAMES SCHOOLCRAFT SHERMAN. Its mere recital is an eloquent eulogy on the character and at­tainments of the citizen in whose memory we now pause to pay a last tribute of affectionate respect. It is no mere cere­monial that tile Senate, over whose counsels he presided for fom years, should bestow that homage which friendship and patriotism ever offer to the true man, the faithful public serv­ant, the enlightened statesman. During his active an':'l useful career Mr. SHERMAN witnessed the mightiest strides in material dernlopment the world has ever seen. He saw the Republic grow from the chaos of Civil War to its present commanding place among the nations of the earth. He saw the Empire State, of which he was a native son, leap forward with giant bounds, valiantly maintaining her place at the head of the mighty proces ion of the States of our majestic Union. His pride in the forward strides of the State and Nation was jus­tified, for in the upbuilding of both he played the part of au active earnest, and public-spirited citizen. • .i. .,.either a laggard nor a drone, for more than 25 years he was in the thick of the conflict which accompanies and stimu­lates progress. Throughout his life l\fr. SHERMAN was a popu­lar type of the American optimist, and imparted confidence and enthusiasm to all within the influence of his delightful per­sonality. Industrious and successful in private enterprise, he was alert and influential in public affairs, and ably contributed to that ceaseless mental combat and attrition of thought whose constant :flashes light the guiding torch of civilization which illumines the pathway of liberty and luw. His impulses were generous, his sympathies broad, his intellect keen. He "'.as a patriot. He loyed his country and its institutions. For many years, at great personal and domestic sacrifice, he gay~ loyal, O'enerous, and disinterested senice to advance the pubhc weal ~nd uphold his country's honor. He had unbounded faith in the Republic; he had unwa\ering confidence in his countrymen and in their attachment to the principles of liberty and their capacity to right wrongs and uproot evils. In their active, watchful, and \igilant patriotism he saw the best security against the e\ils that beset all governments. His best tribute was the repeated expression of confidence and approbation that came to him from his fellow citizens in central New York, who knew him so well and \alued his character and attain­ments so highly.

After years of industry and earnest effort in party council n.nd public arena the citizen whose deeds we now commemorate was raised to the exalted station of Vice President of the United States, from which he passed with honoi: to the grave.

As President of the Senate he measured up to the best tradi­tions of that high office. No :Member of this body can forget the charm of his bearing or the ability, scrupulous impar­tiality, and fine courtesy with which he presided over the de­JilJerations of this Chamber. The promptness and fairness of his rulings were no small contribution to the expedition of pul>lic business, and tile lucidity with which he revealed his exceptional knowledge of parliamentary law was a constant source of pleasure and gratification.

Laying no claim to the gifts of genius, he won a high place in the Kation's councils by that persistency of effort and strengtil of character which constitute the genius of success. A.born all, he was the true American and ideal citizen in his domestic life, and by his de\otiou to home and family com-

manded tile deep res1Ject of a moral and chivalrous people. A,.:; a stream can ri e no higher than its source, so a Nation can be no better than its homes. In the family circle are found those spiritual agencies which sarn society from corrosion and decay. Unless a nation grows morally as well as materially, spiritually as well as intellectually, its futnre is dark and its days are numberecl. For l\Ir. SHERMAN'S success in life we commended him; for the ennable places that he won among his fellow men we praised him; for the public honors that he earned we admired him; yet in this solemn hour, sanctified by the liber­ated spirit of the comrade whom we mourn, I would pay tribute to those traits of character which made the loving husbn.ncl, . the dernted father, the faithful friend, the good citizen. These were the titles that he won; they were the flowers of love and duty and friendship that blossomed along his pathway through life. ·They constitute the fairest garland that can be placed upon his tomb. . l\Ir. President, our departed friend gave his best to the senice

of the people. Who can do more? The State of New York ha given many of her sons to the service of the Nation, and high upon her roll of fame posterity will inscribe the high character and unblemished record of JAMES SCHOOLCRAFT SHERMAN.

.ADDRESS OF THE SPEAKER OF THE HOUSE OF REPRESEXTATIVES.

The PRESIDENT pro tempore. The Chair now recognizes the Speaker of the House of Ilepresentatiyes.

Speaker CLARK. Mr. President, of all the wise and salu­tary things done by the fathers of the Republic, one of the wisest and most salutary was di\icling Congre s into two bodie .

'l'here is a Rouse habit :md a Senate habit, differing widely. 'J'his difference grows out of the difference in numbers, the difference in average age, and the difference in the length of tenure. Some Uepresentatirns neYer learn the House ha,bit; some Senators never learn the Senate habit; a few observant men learn both habits. That Mr. Vice President SHERMAN learned both habits thoroughly and well is sufficiently attested by the fact that he presided with eminent success over the large and tumultuous assembly of the Hpuse of Representati\es and over the smaller and more sedate assembly of the Senate.

I hope that it will not be taken as an ungracious word for me to suggest to Sena tors that J KMES SCHOOLCRAFT SHERMAN us a Rouse product. We trained him; we ga\e him hi promo­tion; we sent him to the service of the Nation in his capacitY. of Vice President.

There is no finer school under the sun than the Ilou e of Representa ti\es for mental pugilistics. Personally we are courteous to each other, but there is no such thing as House courtesy that influences the course of legislation.

It might be well to state for a moment how reputations are made in the House. They are made in two ways-one by a . brilliant oratorica1 performance and tile other by assiduous industry in the committees and on the floor of the House. I used to divide the membership with reference to rising in the House into two classes-the quick climbers and the steady climbers.

A few men make a national reputation iu that Ilou e by one great oration. I saw Lafe Pence, of Colorado, in the Fifty­third Congress make a national reputation the second day after he was sworn in, and I saw Charles E. Littlefield, of Maine, make a national reputation by one great oration within about three months of the time when he was sworn in; but tllese are exceptional cases. As a rule, the men who achie\e high po i­tion in the House do so by slow and steady climbing. Vire President SHERMAN went up and up in the House gradually until he got into llie front rank. One day, in a hot political debate there, I dubbed the small coterie to which he belonged a~ tlle "Big Five," a name which stuck.

There is much truth in Longfellow's lines: The heights by great men reached nnd kept

Were not attained by sudden flight, But they while their companions slept

Were toiling upward in the night.

That was the case with 1\Ir. SHERMAN. He presided in the House and also in the Senate with grace, firmness, fairness, unfailing courtesy, rare good sense, and to the entire satisfac­tion of Representatives and of Senators. Though he was neyer elected Speaker, he was frequently assigned by three Speaker to preside temporarily over the House proper as well as oyer the Committee of the Whole.

While not an orator, he was a strong debater and illumineu every subject which he discussed; because he never spoke on any subject on which he was not well informed-an example which all public speakers would do excellently well to folJow.

A fine stage· presence, graceful gestures, most gracious man­ners, a musical, well-modulated voice of good carrying power.

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1913. CONGRESSIONAL RECORD-· ·SENATE. 3213 <'Xquisite tn ~ te in tlle selection and arrangement of "-or<ls, en­ahletl him to please the Hou. e of Rer>resentafrre , the most critical antl at the "ame time the fairest and justest audience fn the wi<le. wide world. Though he killetl the pet bills of many ~[embers, lie hRd not nn enemy in the meml>er. hip of the House. He seewetl to ha-re tnkeu for the ·l>a. is of his action the saying of Thackeray that ''the \Yorl<l is like a looking-glass. Smile at it, and it :miles bad~; scowl at it, and it scowls back; hit at it, and it hits back."

He was u most i:;ucce~ ful pilot of mea~ures through the Honf:e, the chief rea on being that he move<l on lines of least resistance. Adhering to his opinions with tenacity, fidelity, and eourage, he antagonized no one unnecesQarily. To use a common au<l expre.., ·ive enteuce, he took thing by the smooth handle, :111rl thereby accomplished much.

,\rniability \Yas the chief characteristic of the man, and, nfter all, Tenny. on m1s right n·hen he said:

Kind beads are more than coronet , .'l.nd simple faitl~ than Norman blood.

Wlletller in committee or on the floor or in the chair, like elwritr, as deJ•ribed by St. Paul in hi. ·plendid rhapsody in the thirteenth chapter of l!--.irst C(•rinthians, he suffered long and wns kind; envied not; vaunted not himself; was not puffed uv; IJclrnT"ecl him elf not unseemly; was not easily pro>oked. In fact, he had himself so well in band that he could not be baited into an exhibition of bad temper. Ile gnxe ._harp blows, and rec:eiyed them ,,·ith perfect equanimity. In victory he was not offen i\'ely jubilant; in defeat he wa not utterly cast down. He appeare<l equal to both extremes of fortune, clearly realizing, with hi optimi tic I hilosophy, the astounding swiftness with which political ituations change in this rapid age.

In the House be was a prime faT"orite on both sides of the l1ig aisle, which cou titntes the line of demarcatiou in politics, lmt not in personal frien<lships or Tobust Americanism. When he was translated from that energetic and boisterous body to the dignity and quietude of the Vice Presidency bis fellow mem­ber , "·bile sincerely rejoicing at his vromotion, just as sincerely r gretted bis departure from their midst.

'l'be House most heartily joins the Senate and the President of the United States in doing honor to this typical American. Hi s fitting epitaph would be:

Mens aequa in arduis.

ADDRESS OF THE PRESIDEXT OF THE t;XITED STATES.

Tlle PRESIDENT pro tempore. As a fitting close to these ceremonies, the Chair now recognize the President of the Cnited States.

Pre ident TAFT. ~lr. President, after the eloquent tributes that have been paid to the memory of the late Vice President SHERllAN by hi associates, who knew him well, it is not for me to add anything new to that which has been said, and well said.

)fr. SHERlIAN was a man with whom no one could come in contact without feeling better for the meeting and with a more ldncUy disposition toward his fellow men and the world at large.

Life, on the whole, is made up of a series of what appear to many to be insignificant incidents, and there are those who in their own thoughts, in their own affairs, and in what they re­gard as the large i. sue of society recognize no neces ity for attention to the daily encounters and the houTly exchanges of thought and of treatment between individuals. To them life is nm1arently a series of grand stage play , which are to mark the ·haracter of the players permanently, and that which inter­

venes between these plays is of no importance. This view is accentuated as men grow in self-absorption and lose the sense of in·oportion with respect to their own importance--a weak­ness to whicll most men in greater or less degree are prone. A character that is the antithesis of such tendencies makes for himself a place among nil with whom he has personal associa­tion that is durable and fragrant. This was one of the lovable and most marked trait of Mr. SHERMAN. E>eryone, high or low intimate or di taut, who met him, felt the influence of his good will, of his earneRt desire to accord to each one the cour­tesy and recognition of his right as a member of society to which he was entitled. Any painful feeling that he had to cause by what duty required him to say was as painful to him as it was to the person to whom he felt culled upon in this way to speak.

Ile neyer exaggerated his own importance. He deprecated the personal equation. He was nlways for helping a cause or some oilier ver. ou, null Ile llad ti·n1y that charity and love of llis fellow meu wllicb, as tlle poem hns it, is really the Jove of God, and mm1e tlle name of Abou Ben A.dhem lead all the rest.

XLI:X:--203

Educated at one of those ti:uly American small colleges, w·ith high patriotic ideals, derived from the history of the struggle for liberty regulated by law as embodied in our Constitution. .llr. SHERMAN came to manhood to the study and successful practice of law, but in a few years drifted, as so many country la w·sers do, into politics. He loved politics; he correctly thought that he could be engaged in nothing more useful to his country, and be became a partisan on principle. As might be expected from one of his generous self-deprecatory attitude of mind, he minimizell the personal and exalted his party cause. He came to belie-re thoroughly and, in my judgment, rightly that the only possible means of securing effecth-e, permanent, ~rnd just popu­lar go\ernment, truly representati\e of the people, is through parties, and therefore he was willing to give uv much of his per onal judgment to reconcile the vie\YS of himself and his a sociates upon a few great principles.

Hi per onal popularity carried him into the mayoralty of the city of his birth, iD.t which he lived his life long. Then he came to Congress, and for 20 years he was a :Member and a prominent member of the Republican Party. in the great popu­lar House of Ilepresentati\es. There he exhibited great ability as a debater and legi lator, which his fellows fully recognize<l. But in contemporary history Mr. SIIERMAN suffers in compari­son with others less deservinO', because the work .that he wrought, tile influence that he exerted, the progre s and reforms that he helped to bring about, were not recorded in the head­lines of newspapers, or, inlleed, in the news columns or edi­torials, for he w11s content to work quietly to achieve an object, and made no conditiotis that should attach bis na01e to the success of the work in hand.

He was an influential and leading :Member of that body tlur­ing the contro-..-ers~es that took place oT"er the question whether the House of Representatiyes should be permitted to -do busi­ne s or should be at the mercy of the minority, and he stood with one of the great Speakers of that body for progres...:, and it was achieYed.

He wa at the head of the IrnJian Committee in the House, and no problems in our GoYernment are more difficult than tho ·e within the jurisdiction of that committee. They inrnlYe the proper, bu inesslike consideration and dispo ition of ques­tions of the management of trust property into which the dis­cretion of the particular official having control can be very little restricted by law. Conditions in and near the Indian country are such that neighboring public opinion can not be trusted to do justice to the Indians. or to carry out the charitable purposes of the Government. The situation is prolific of schemes to defraud the wards of the Nation.

:Xo one will know, except those most intimate with the course of legislation and with the details of appropriation bills, the work JAMES S. SHERMAN and a few of his associate di<l in the elimination of fraud and the maintenance of the houor of the ~ ,.ation in preserving to the Indians what was theirs. A.ml thus we may say truly that the great work that the man whose early death we deplore did for his fellow men was done as an adYiser, as a quiet but active worker in the hadow of ome more conspicuous person, all ari ing from the disinterested patriotLm, the high-minded party spilit, and the inherent mod­esty of the man.

I need not recite ·to those who had so much 11etter opportunity than I to obsene it and feel it the clear and rapid thought and the equally clear and rapid expres ion of deci ion which in the adminish·ation of the parliamentary law that Mr. SHERMAN di played frequently as the presidjng officer of the House of Representatives and continuously during his term as 'ice Presi­dent as President of the Senate. He was a model presiding officer. Preserving his temper under au conditions, and some of them most difficult, he i·uled with firmness and with a. cour­tesy that disarmed the sometime heat of those whose views he was overruling.

And now- there is but one more word to speak, and that one utters in the tenderest tone and makes most brief. What might be expected from a. man of his heart and his constant appre­ciation of the feelings of others, from one of nature's gentlemen, his domestic life, his lo\e of wife and children and fe1low townsmen, made a circle so sweet, a home so bright, a neigh­borhood so full of loT"e for him that even in the few hours that we were permitted to spend in the city where he lived and died the overwhelming evidences of affection for him were most im­pressive on every hand; and his great qualities were reYealed in a most remarkable tribute which his memory called out from his belayed pastor, the president of Hamilton College.

We ha-re celebrated the memorial of a modest American, a distinguish~d patriot, an able :statesman, a noble man!

3214 CO.rT RESSI01 \:L RECORD-HOUSE. FEBHU...i.RY 15,

RECESS.

1'Ir. IlOOr.r. I now mo1 that, after the gue ts of the Senate . hall have retired the >.c nate, a a further mark of respect to llie memory of the fate \ice President. stand in rece s until 12 o'clock noon. on ... Ionuay, the 17th of February.

The PTIESIDE .... ;:T pro tempore. Before submitting the mo-tion the Chair will giTe opportunity, as indicated by the R nator from New York, for the guests of the Senate to retire. The "'ergeant at Arms will announce the order in which they "rn retire, 80 that they may do so without confusion.

'l~hc President of the United States and the members of his Cabinet the amba · adors and ministers plenipotentiary to the "Cnited States, the Chief Justice and A sociate Justices of the d1fll'eme Court of the United States, the Speaker and l\Iembers of the Hou e of IlepresentaUns, and the other guests of the Senate thereupon retired from the Chamber.

The PRE~IDENT pro tempore. The enator from Kew York [ l\Ir. ItooT] move that, as a further mark of respect, the Senate now stand in rece s until 12 o'clock on l\Ionday.

The motion wa unanimou ly agreed to; and (at 2 o'clock and :JO minute p. m., Saturday, February 15) tllc Senate took a r ece s until Monday, February 17, 1013, at 12 o'clock meridian.

HOUSE OF REPRESE "TATIVES. s~TCilDA.Y, Feb1 ... uary 15, 1913.

The Hou e met at 11.30 a. m. The Chaplain, IleY. Heury K Couuen,

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D. D., offered the fol­lowing prayer:

Our Father in heaven, we tiwnk Thee that our Republic is not ungrateful, but hold in sacred memory the men who laid her foundation deep and sh·ong and wide. The brave men wllo ham fought her battle , the statesmen who h:n-e breathed their pirits into her sacred institutions and kept them inYiolate, as

eyinced by the special order of , the day in memory of a noble son. who proved him elf worthy of the confidence reposed in him by his fellow countrymen. May his life be an incentive to faith­ful sernce and nobility of oul to tho e who surn1e him.

Be Thou solace to tho. e who knew an:l lo'>ed ~m, and let the eyer lasting arms be about th.e beren ved wife and children, that they m:iy look forward with confidence to the unchanging 101e of a heavenly Father who doeth all things "-eu. Amen.

The J ournal of he proceedings of yesterday wa read and approYed.

rJL.~SIO~S OF SOLDIBB.'3 OF INDll~ W .ARS.

l\fr. RI HARDSO- ~. 1\Ir. Speaker, r can up the conference r i10rt on. the bill (H. r..... 14053) to increase the pension of ur­yi\ing oldier of Indian wars in certain en e .

The PEAKER. The gentleman from Alabama cal1s up the conference report on the bill H. R. 1405:>, which the Clerk will r e:i

The Clerk read as follows :

CO~FERE~ CE BEPORT (NO. 1;; 1D).

The committee of conference on_ the di ·agi·eeing "'ote of the t\.YO House on the amendment of the Senate to the bill (H. R. 140()3) to increase the pensions of surYiriug soldiers of Indian w rs iu certain ca e 1 baling- met, after fa11 ancl free conference lrnve agreed to. recommend and clo recommend to their respectire Houses as follows :

Th<it the Honse recede from its disagreement to the amend­m nt of the Senate :ind agree to the arue 'vith an amendment us follows :

Iu lieu oi: the matter . tricken out and in~erted by the Senate, insert "twenty"; and the Senate aO'ree to the same:

WILLIAU Ill:CB.ARDSON, IRA w. 'VooD, .W. A. DICKSON,

Ma1iauers on the pa.rt of t~ Hou.se. P. J. McCU:~rnER, llirLEs PornomER

Manauer on the 1Jart of the cnate.

srATE::\IENT.

Thl !Jill a it pa sell the Ileuse propo~ed to increase the pen­, •ion· of soldier of the Indian wars to $30 per month. The • 0 nate reduced llie amount to $12 per month. The conferees recommend that th amount be ·20 per month.

WILLIAM BrnIIAlIDSONs IRA w. ·wooo, .w. A. DICKSO~,

Ma11auers on the vart of tlic House. The conference re11ort was agreed to.

SPEAKER PBO TE~IPORE FOR TO-.llORilOW.

The SPEAKER The Chair announce the ue ignat.i n of the gentleman from Michigan [ Ir. DoRE.ll~S] to presiue as penker pro tempore at the eulogies to-morrow.

co~crTE TED-ELECTION C SE-IIAWKINS AO~~ T M'CRE.\..RY.

l\Ir. GOLDFOGLE. :l\Ir. Speaker, by direction of the ommit­tee on Elections J.:·o. 3, I pre ent a pririleged report in the con­te ted-election case of 1J rank H . Hawkins again t G or e D. McCrenr~-, from the sixth di trict of Penn ylra.nia.

The SPfilKEll. Is it a unanimous report? l\lr. GOLDFOGLE. It i a unanimous re11ort. The Clerk reacl as follows :

REPORT.

This contest comes from the ix:th congrNdonal dL trict of Pennsylrania, and was brought by Frank H. Hawkin· again t the Ilon. George D. l\IcCreary, the itting Member.

The conte tant delayed the filing of the testimony in the ca e until ·ome time during the s oncl ses ion of the ixty-secoml Congress. Tlle conteBtant' brief was not filed or submitted until after fue· thinl se •ion began. Accedin"' to the request ·of the coun ·el for the conte tant, a hearing of the case was not held until the third es ion. In view of the serious charges of

, fraud and corrn11tion and of illegal regi tration and illegal YOt­ing at the congressional election in said congres ional district in 1910, your committee, notwithstanding the delay referred to, concluded to hea.r the ca. e.

Tlle te timony of numerous witne se was carefully con ·id· ered, and coun~el for both side fully heard.

Allowing the conte rtant the vote which he claims shonl{l baYe been counted for him an-0. deducting them from the number credited on the returns to the conte tee and entirely eliminat­ing from the returns the vote in the dish·icts wherein it wa shown irregularitie either in registration or voting occnrrec.1 it would still appear that the conte. tee, l\Ir. McCreary, hau a majority of the remaining vote .

'Wl.lile it was charged and from the eviUence it appear d tllat at the time of the election in 1910 and for years prior to that time gro.., em ion of the law, illegal regi ·trution, framlulcnt Yoting, and corrupt conduct had occurred in Philadelphia, yt>t legal proof was lacking to e tabli h the fact that the fraud :mfr c:orruption and .illegal methods complained of entered into the election in the congre sional tlistrict under con ideration such as would justify a finding that the election of the l\Iember from the sixtll congre ional district of renn ylnmia was Titiated, and that in consequence his seat in thi~ Hou e ought to be declared yacant. U11on the hearing before this committee the contestant declared that if the committee could not find in hi fa.1or, so that the seat could be awarded to him, he did not uesrre to ha rn the seat held by .:Ur. McCreary declared rncru.1.t.

It was conceded l>y the parti to tl1is conte t that in the clty of Pllila.delphia a committee of venty, composed of highly promi­nent, influential, and distinguished citizen , wa formed for tile purpose of taking steps to purify the elections in that city. That c6mmittee had charged it. elf with the duty of di corer­ing and exposing fraud and corruption at lection , improp r and illegal cond11ct of election officials, and pro ecuting allll bringing to justice violators of the election laws.

It was testified on the hearing that however a •idnous thnt committee of seyenty might have been in their effort to purify the elections in Philadelphia and to remedy the evils that spran 00 out; of the vicious and criminal pructic that obtained for many years in that city, yet such committee n-oulu not, thon"'h it might ha.1e it in their pow r. lend their aid towar<l dc-veloping or ecuring te timony of. uch illegal, fr udulent, Oi' criminnl acts if it tended to aid a contestant eeldng a ent in tl1 Hou e of Rep1·esentn.tives who might, were he seated, rote fo1 a revision of the tariff.

That any committee compo:etl of men of the high tnnuing ancl chnmcter which the colllillittee of •eycnty i10..:;~e . . eel .:honld fail t extend its aid or lend such . ·upport a· may have been witllin it· power to render to any man who had been tlle victim of im­proper practices at election. or fraudulent or corrupt con<.lnct at the polls, or of violations of election law. be au e of ucll assistance tlley might aid one who wns at variance with tllcm iu their OP'inion on the tariff is something whi ·h, to ·ny th T"err least, is highly regrettal>le.

The evidence in thi case fa,11 short of showing tlrnt Frank IL Hawkins received a majority of the lawful vote ca t at the election. The evidence- adduced does not esfab1i h the cxisten of such a state of affair as ''ouJd ju. lify the Hou e in <1 -.claring the seat of nir. ~Ic renry, who fur year· hn wrne au honorable record in this botly yacant.

HH3. CO~ TGRESSIO:X AL RECORD- HOUSE. ·3215

Your committee unanimously recornmentl for adoption the fol­lowing resolntious :

Ilou e re. olution 830 (II. Rcpt. l;J2u) . Reso"Ii·cd, That Frank H. H awkins. the contestant. was not elected a

)!Pmher of tbe Hou e of Repre cntati>es in the Sixty-second Congrcs~, and i. no.t entitled to a eat therein .

Nr.solred, That the Ilon. George D. )IcCreary was duly erected a. l\Iemher of the Ilouse of Representatives in the Sixty-second Congress, and is entitled to a scat therein.

The resolutions were agreed to. ADDITIONAL HELP IN E~ROLLI-:'\G R001I.

:.'Ur. LLOYD. lir. S11eaker, I present from the Committee on .\<'counts a prinleged resolution.

'l'he Clerk reu1l a fo11ows : House re. olution 1::! (II. Rept. 1J2-!).

Re ol reel, That tbc Clerk of the House be. and he is hereby, author­ized. during the r <.' mainder of the p1·e;;ent se ·.·ion. to employ ·uch ad­<litional clerical help a · may be needed in the enrolling room, to be paid out of the contingent fund: Proridcd. That not more than li\1~0 shall hf' o expended, and no per on ball be employed at a rate exceeding . U per day.

The resolution \Yas agreell to. ORDER. OF PROCEDt:RE.

Tlle SPE..l.KEil. l'mler the special order ntloptell a few <lay ago, at 10 ruiuutes of 12 to-day the Hou~e, without adjouru-111eut and rdthout taking a rece~ , \Yill proceed to the Senate C'he1mber, an<l. after the ceremonie are concludeu, will return to tlli Chamber anu will i11m1el1iately resume the session "\\here we left off. 'rhe Clla ir makes tllat auuouncellleut in order that :\!embers may know that the session i. to be re urned.

COXTESTED-ELECTION CASE OF EUGENE C. DO~NI\\ELL AGAIXST TIIO:\IAS S. BuTLER.

:.\fr. COYDiGTO:X. :'.\fr. Spenker. by direction of the Com­mittee on Elec:tJorn; :Xo. J, I ubwit the followiug priYileged re­port in the coutested-e1ediou ca e of Eugene C'. Bonniwell a;!;ainst Thomas S. Butler iu the sereutll co11gre. :iioual llistiict of Pennsylnrnia.

The SPE..AKEH. The report will l.>e printetl, uuuer the rule, nnd referred to the lion. e CaleudHr.

:\Ir. OL~ISTED. :..\lr. Sveaker. I ask uuanimou. con::eut that the report rnuy be printed in tlle RECORD al 'O.

'l'be SPEAKER The gentlem:m from Penn:'l~'lnrnla ask \111animous con ent that the report lJe printed iu the RECORD. If'l tllere objection?

There was uo objectiou. The report ( H . Rept. 1523) i · a. folio"· :

EUGEXEJ C. UO::\XIWE.l:L .lG.UXSl' TUO:\L\S S. J1CTLEt:.

llr. Con:NOTO. , from the owrnittee on Ele ·tions Xo. 1. sub­mitted the follo"·in:; report (to accompauy lllernorinl of Eugene C. Bonniwell to Sveaker and Houre of He11re ·eutntiyes, Decem­ber 14, 1012) :

Ou the 1-±th day of December. lDl~, :.\Ir. Eugene C. Bonnhvell, who, at tlle election of 1D12, was the Deruo<:ratic candidate for tlle House of Repre entati\·es in the se•enth con°Te:;sional dis­trict of Pennsyl rnnia, transrnitteu to the l:)peaker of tllis Hou. e a paper, a follo"·s :

r.\PER 01" ~n:. BO.-XI"l\ELL.

\\ A.Y -E, PA. , D ecem ber 1.'1, .1912. Ifo11 . Champ Clark. S}Jcakcr of tlw Hou. c of Rcprcsrntaticc.c;,

a1Hl Members of tlic 11ou~· c of R cprcse11tati1:es, 1\ashing­ton, D. C. GENTLEME ; : I hereby file notice of objection to the righf of

Thomas S. Butler to repre··eut the . eYenth congre._sional district of Pennsyl"rania iu the Six.ty-thinl Congre ··· auu a sign the fol­lo-wing reasons:

First. The seYenth congre "ional di~trict of Penusylnmia is ornposed of Chester and Dela"·are CountiNi. To procure a

majority upon the face of the election returns at the election held :~fo,embcr 5, 1912, certain agents of the Republican organi­zation of this di trict, in the sen-ice of and on behn1f of Thorn:u; R. Butler, the nominee herein, antl certain otller nominees <lid, b.\- fraud and perjury. falsely pr'eempt npou tlle official ballot · of the State of Pennsyh·ania two titles. one being "Bull :Moose" nnd the other "Iloosen~lt Progre!'isive." Eacll title wa: intended and de igued to <lecei\e an<l mislead the niter whose intention wns to vote the ticket upon wllich '£heodore Roosevelt was a. cnuclillate, to \\it the \\·nshington Party of P enn ylrnuia. To accomplish the ~e ends the;-e men forged aLiege<l preemptors' 1rnme. to the certificate· of l>reemption. Tlley forged huudred · of names in order to place the unme.-· of Thomas S. Butler for

ongress and William C. Sproul for State enator and the Republican cnmlidates for the State legislature u11on these two fal~e and iwetended Progre sh-e tickets. They forged these names alphabetically, without eyen the feeble pretense of dis-

guising the lland\Yriting. They forgetl signer. lo the affi.:1;1 yi( ~ requireu at the ends of theue nomination paver:s. Tiley im110r­sonated the affiants before the ju..,tice of the l>eac:e. The.:e f.td::; were known to Thoma8 S. Butler. Objections nrnler the ballot laws, were file<l to the rigllt of the 'e fraudulent vreternlen; to ma querade a upporters of Rooseyelt by tlle real \Ynsllingtou Party nominees. Copies of the objection. "·ere . en-ell upon Thomas S. Butler and tlle other camlidate::;. Thoma. S. Butler aud the other candidates a11peare<l in the Dauphin Conut.r cou rt answering such summons aud umintainetl their right to l·ema i u upon tlle perjured au<l forged tiekets. The objedious were lli '­missed upon a technicality, aml ~Ir. Butler eoutinueLl tllereun in the face of the .glaring frauus. Tllerenfter an<l vrior io the election, se\en men, acti\·e in the councils · of the orgaJJ ization . upporting Thomas S. Butler, wel'e arrested upon the c:lrnr~e.· of forgery and perjury and held in l.>a il for comt. De. vite tlle couYincing e\itleuce, 'Ihornas S. But!et· williugly . ·l.J.nt hii:; eye::; to the nan eous scan<lal. Funds were suvplied IJy the men inter­e. ted to tlle fraudulent committee8 masquerading ;1. Progre~s­h-es. Tlle seyenth congre~sional <listrict m .1 ·ircularized by letter falsely asserting that the Bull :;\IooEe ticket was tlle only genuine Uoose-relt ticket in the . e\·edll di -tric:t, and therebj' up"-ard of -i,332 1oters \Tere ueeeiYeLl aml mi.;.:Jed into \otiug for Thomas S. Butler for Congress.

It i ·submitted tllat the perjury auc.l corruption herein an'rrc1 \T::t the result of a deliberate conspiracy ou belrnlf of the orgaui­~ation leallers \YllORe- caud.icfate Tllornas S. Butler was. Ile \YUS

cognizant of its uetailt) long l.>efore e1ectiou . Ile np1n·o,-ell of the forgery and perjury by remaining a candidate upon the rnitl tickets after irnblic notice. That the._ acts of illern · ln.~s tlir>­c1trnlify llim from rnelllbershiv in the Hou. e of Uevre -eutntiYes of the "Cuited Rtnte .

If further reu ou l.>c deernell e 'sen lial tlla t tll i. coni::11irncy ·went to the Yital of this election. let tlle pollntiou of tbe grarnl jury of Delaware County at thi." Decewber :es~ion of comt peak for itself . Tl.le bills of inclictmeut e:l.rnr;;ing the seyeu

rneu with perjury aml forgery were to be subrnitteLl to tlli · ·December grallll jury. The ~lleriff of Dela\"\·are ouuty is S. E"lerett Sproul brother of State Sena tor \\.illiarn C. S1H"onl. the Republican leauer of Delaware County. aml, with Thoma· S. Entler. most couceruecl iu the·'e uoillinntion . Tlle grarnl jury, ahvays tlle bnl"·ark of the veople's liberties. wu · pro. titntetl hy voliticians to StlYe their tools from <.:Oll\iCtiou. T\Telve fa ls~ juror~. not dnrn·u or eutitled to ..,ene, U of them members of the n epublicun county committee 2 _more relntfres of 11epnblic-::m ofiic:ials, "·ere _,ecre!ly adueu to the 11 l.>oua fide jnrors, aml this corruptell jury i:;ought to de troy ju,,tice in it very temple by io-noring the irnlie:trneuts ngaiust the forgers and perjurerR, arnl ._o make a moc-kery of the htw. Thi trene:llerous body, not c.:on­tent with cfa;mi::; ing m-ery indictment laid agaiu t the ·orrup­tioui:-t , to terrorize future men temerariou. enou~h to assail their Yicious act .. , imposed O\-er $100 iu cost upon J . Watt;· Mercur, the fearless citizen wllo brought these pro. ecntions, \\Tnshington Party nominee for State euator. again t \Yilliam C. Sproul. That 12 jurors were illegal .:\Ir. l\Iercur disco,ere<l. Upon the fact being preseutecl to the court of common pleas of Delaware Conuty the dishone t grall<l jury was nrnrnarily ui ·­missed, all intli<:trueuts recalled, and n neepi11g in-vestigntiun set upon foot. It was public lrnovdecl~e that thi · contest was io be insti tnteLl, ba ed uvon these fra ml·. It can not be doulJtt-11 that one of the c-hief aim of tlle meu mo t conc-emell wns to <.le. tro3· this ground for conte._t. Tllis pollution of ju tice merit,; the expul ion of this Hepre:sentn tirn from the Hall: of 'ougre8-.

Second. Thnt the ex11eu e accounts filed in tbi. di trkt nre false and fraudulent; thnt money thousnncl of dollar · mrnc­counteil. for by nny candidate or committee, were expentled iu the . e•enth di ·ti·ict on behalf of the Ile1rnblicau c:andi<lut :-;, Butler and Svroul iu l>nrticular, as '"'ill be .showu uvou the hearing of this conte t.

'l'hird. That a committee es11ec-ially organized by personal friencls of Thomas S. Butler, ·tyled the Butler League, com­po~ecl and can ·wl to be publisllcd false and lilJelou article con­cerning the conte taut.

Fourth. '.fhe \Ve t Che ter Yillage Recoru i a. local news­paper largely o\Yned aucl coutrollecf by T . L. Eyre, Ilcpnblicau boss of Chester County, and personal representative of Thomas S. Butler.

Tlle Chester Republican i. a local paper largely owned arnl controlled by 8enator William C. Sproul, a Repnblicnu boss. and per..,onal repre entatirn of Thomas S. Butler in Dela.ware County. On A..ugu t 13, 1912, tlle West Chester Yilluge Hecorll publi hed the following editorial :

The IIon . Thomas S. Butler, the Republican nominee for Con~res~. was born and reared in the • ociety of Friend!';, and is proud of his Quaker ancestry. His opponent, Eugene C. Bonniwell, is a Roman Catholic.

--

I 3216" CO~ ~GnESSIOXAL nEOOilD-HO'GSE. FEBR"C"~RY 15

' Lon August 28, rn1~. the he rt:er Republican 1' printed thls -edi­

torial. Coiucident with the two said editorials mes ·engers in 'the employ of upvorters of Thomas S. Butler tra·rnrsed the di trict, having in their po se sion and circulating a blu ·:phemous and infamous libel, a copy of which is her to attached, 'Pre­tended to be an oath of the Knights of Columbus, of which body the contestant i · a member. So reT"olting are the terms of this document and so nauseating its pledges that the injury it did not merely to the c011te taut but also to the ~ghts of Colum­bu · and to Catholics in general can hardly be measm•ed. in . term. . I

I charge that the circplation of this oath ::md the publication of the two editorial. herein referred to were part of a con­spiracy, precisely as was the forgery and perjury referrecl to in paragraph 1-a con piracy by the same peeple for the pur- 1

. po. e of arousing religious rancor ·and of defeating the Demo- . cratic nominee. The onstitntion of the United States prehibits an~~ religious te t for office. Tlle organization -supporting 'Thomas S. Butler created such a test, blazed bigotry in the hearts and minds of the ignorant, and landered and Tilified n great body of honorable men.

I file no complaint because of· ad\er e election retmns. The Democracy of Penn ylrnnia is inured to ad\ersity. Kor is this complaint registercLl because of defeat 1·esultant upon faith or race. In these thing I own a just }}ride nnd do not protest if, l>ecau e of either, ])olitical honors are to be denied me. But when a caluminous, Ti.perish attack upon eitheT faith or race i

~ launched, injecting religious bigob7 into the political affairs of this :ration, then this prate t i made in the certain con­fidence that all patriotic men, mindful of the reli"'iou as well as the political lib rty that the forefathers designed should be our heritage, will ri e and strike down the beneficiary of t>uch a treacherous and da tardly movement.

For myself I make no appeal to 'YOUr honorab1e body that I may be seated. That a plurality of the legal \Otes cast in that di ·trict we.re ca. t for me no one pretends to deny, but repre­f;entation: i tile least of my concerns. This I do maintain, Omt this man, rece.i\ing his election under the ·e circumstances, ndiling the felonie of forged papers, perjured acknowledgments, nml nolated grand jury to the more wicked crime of religious slander, ought not to be tolerated in the Hou e of Represent.a-

.tirn . ne .. pectfully . submitted.

E GE!X'E C. Bo~NmELL. 1 / Kxwrr:rs OF CoLc~nr;s OATII.

I, --- ---, now in the presence of Almighty God, the We sed Vil'gin Mary, the ble sed St. John the llaptist, tile Holy Apostles, St. l'eter and .St. Paul, and all the saints, sacred host of Ilcaven, and to ~·ou, my Ghostly Father, tile superior general of the Society ·of Jesus, foun<led by St. Ignatius Loyola, in the pontification of Paul the III, and conttnued to the present, do by the womb of the \irgin, the matrix of Goel, and the rod of Je us Christ, Cleclare and swear that His Holiness, the Pope, is Chri t's vice regent :md Js the true and only heu.d of the

alliolic oi· Univer al Church throughout the earth; and that by vil:tue of the keys of binding and loosing given Ilis Holiness by my Saviur, J •us Chri t, he ha-th ~ower to depose heretical kings, prince , States, Commonwealths, and Governments a:nd they .may be safely destroyed. Tllercfo1·e to the utmost of my power I will defend this doctrine and Ili · lioline ·s right and custom against all usurpers of the heretical or rrotesta.nt authority whatever, e pecially the Lutheran Church o1 Hermnny, Holland, Denmark, Swedent-. and Norway and the now ·pre-­t ended autllority and hurches of J1;Ilgland uncl Scotland, .and the brunchc of same now estahlished in Ireland and on the Continent of America and elsewhere, and all adherents in r ega1·d that they may be u m·pcd and hel'etical, opposing the sacred Mother Church of Rome.

I do now denounce and disown any allegiance as due to ~my heretical t·iug-, prince, or State, named Protestant or Liberals, o.r obedience to any of their laws, magi trates, or officers. ·

I do further declare that the doctrine of the Churches of England ancl 'cotla.nd, of the al>inists, Huguenots, and other of the name or l'rote ·tan ts or Ma ons to be damnable, and they themsel1es to be dnmned who will not forsake the same ..

I do further decl:.tre that I will help, a sist, and advise -all ur any of Ili Iloliness·s aicnts, in any place whel.'.C I should be, in Switzerland, Germany, llolland, Ireland, or America, or in any other kingdom or t erritory I h'all come to~ and do my utmost to extirpate the heretical Prote. tant or Masonic aoctrlnes and to destroy all their pretended l)OWCl"R, legal or otherwise.

I do further promi ·e and deelu.re that, notwithstanding I am dis­pen ·ed with to a umc any religion heretical for the propagation of the Mother Church·s intere t, to keep secret and pril'lttc all· her agents' conn. els from time to time, a they intrust me, and not divulge, directly or indirectly, by word, writing, or circumstances whate>er, but to execute all that sho:1ld be propo ed, given in charge, or di covered unto me l.>y you, my Ghostly Father, or any of this . acrec1 order.

--- I do further promi e and declare that I will have no opinion or will of my own or any mental reservation whatsoever, eTen a· a corp e or e claver (perinde ac cada»er), but will unhe itatingly obey each and <'>ery command that I mav receive from my superiors in the nlilitia of the Pope and of J us Christ.

'That I will go to any p:.ll't of the world whithersoe>cr I may be sent, to the frozen regions north, jungles of India, to the center. of cinliza­tlon of Europe, or to the wild haunts of the ·barbarous savages of America without murrnnrin"' or J'epining, .and will be ·ubm.i ·sirn in all : things whatsoever i communicated to me.

I do further promise and c1e.clare that I will, when oppo1·tunity pre- · :o;C'nts, make and wag relentless war, secretly and oponly, against .all heretics, Prote tant · and Masons, as I am directed to cJo, to extirpate

them .from the face of the whol <' earth; and that I will pare neither age, sex, or condition, and that will hang. burn. waste. boil, flay, strangle, and biu-y ulh·e the · infamous h eretic ; rip up the stomaclls and womb of thetr women, and crush tlleir infant"' head· again t the wall in ordc.r to annihilate th<'h' execrable .race. 'l'h, t when the same ca:n not be done openly, I will secr tly u ·e i:b poi 'onous cup, tlle strangulation cord, the steel of the poniard, or i.h lcackn bullet, rega.rdle s of the honor, rank, dignity, or authority o.f the per ons, what. ever may be thC:ir condition in life, eii'.her public or prin1te, a I a.t any time may be directed o to do by any a~ents of the Pope or superior of the llrotherhood of the lioly Fath r of the 'ociety of Jesu~.

In confirmation of which I hereby dedicate my life, soul, and all corporal powers, and with the claggN' which I now recci>e I will sub-cribe my name written in my blood i.n testimony thereof; and should

I prove false or weaken in my determination. may my brethren and fellow soldiers of the militia of the Po_pc cut off my 'hands und feet and my throat from ea.r to ear, my belly opened and ulphm· burn cl th<'l'Ciu with all the punishment that can be in:fiicted upon me on earth anft my soul shall be tortured by demons in eternal hell fo.reY r.

That I will in voting always vote .for a K. o·f C. in preference to a Prote taut, especially a .Mason, and that I will lea>e my party so to uo ; that if two Catholics arc on the ticket I will ·a.tisfy myself which is the better supporter of Mother hurch and vote accordingly.

That I will not deal with or employ a. Protestant if in ·my power to deal with or employ a Catholic. That I will place atholic girls in Protestant families that a weekly report may be made of the inner movements of the heretics,

That I will provide my elf with arms and ammunition that I may be in readines when the word is pa ·sed, or I am commanded to defend the church either a.s an indh·idual or with the militia of the Pope.

All of which 1, --- ---, do swear by the blessed 'Ilrinity anll ble. sed sacrament which I am now to receive to perform and on part to keep this, my oath.

In testimony hereof, I take th1's mo t holy ancl bles ed Sacrn.ment ·of the Eucharist 3.Ild witne ·s the same further with my Jlrunc written with the point of this dagger dipped in my own blood and ·ea! in the face of/.'." this holy ca.crament.~

The Hon. Thomas S. Butler, the Repre entatiTe in this Hou. e .from the seTenth congre sional dlstrict of Penn~ylntnia, :ind who was a candidate for election to the Sixty-third on~ gress from said district at the -election of 1912, lla-s filed a papei: in the natUl'e of an exception and an wer to t.l!e })aper of the said Eugene 0. '.Bonniwell, as follows:

EXCEPTI<L'f AXD A.i."'\S1'"En O.F REPl!E EXT.\.Tf"\"E J3UILrill.

To EuOENE c. BONNIWELL : You will please take notice that I hereby except to yonr notice

" of objection to my right to represent the even th cougre. ·­sional district of Pennsylvania in the Sixty-third ·Congres ,'' haying been elected thereto at an election held on the 5th day of .l ~ovember, 1912, a copy of which notice was deli\ered at my, l'es.idence in the borough of West Che ter on the 16th day of December, 191 . I except to your notice of objection for the rea on that said n ice is so vague, indefinite, and general in its terms and allegations :tha.t I can .not tell what I .am called upon to answer, and for the further reas011 that .the said notice does not meet the requirements of ttte statute and la"· of the United States relating to objections to qualifications for the office of Representafrrn in Congre s. At the pTOper time I shall uTge a committee of the House of Tiepre ·entatives, or the House of Re_presentath·es it. elf, to dismi. s your notice for the reason -stated above. I shall particularly in ist before ~aid committee or the House of Representati\e · itself that your notice on its face admits that I was regularly elected a l\Iem­ber of Oongres to l'epresent the seventh congre ional di trict of Pennsylrnnia in the Sixty-third Oongres , and that the re­sult of said election 1\0Uld not l>e changed if all you allege in your :notice were true.

Not waiving my right to excEWt to yom objection beeanse of its informality and because of its time of sel'vice, a. well as its manner of senice, nor for the reasons stated aboYe, nor for any other legal rea on or reasons, I hereby make such answer as the gen.era! Tague allegations of yom notice of objection enable me to make.

You concede my e1ection :ma you do not conte t my right to a seat in the Sixty-third Con.gres on the ground that I wns not legally elected thereto, but you object to my memlJershiP. in such Congress because of disqualifications alleged l>y you. I quote fTom your notice of objection adclres ed to the Speaker and l\.Iembe1· of the House of RepresentatiTes:

GEXTLllliITT<: I ~herewith file notice of objection to the rigllt of Thomas S. Butler to repre. ent the seventh congre ·ional district of Penn :rlYania in the Sixty-thfrd Congre ·s. (Objection, p. 1.)

Tl.lat those acts of themselves di qualify him from member hip in the House of llepresentatives of the United States. (Objection, p. 2.) This pollution of justice merits the expul ion of this lleprescntative fI·om the halls of Congre. s. (Objection, p. 5.) I file no complaint because of adver:e election returns. (Objection, p. 5.) For myself I make no appeal to your honorable body that I .muy be • eatcd.. " • * This I do maintain : That this man receiving his election under these circum­stances, adding the felonies of "for"'ed papers, perjured acknowledgments, and violated grand jury. to the more wicked crime of religious slander, ought not to be tolerated in the House of Reprcsentati>es. (Objec~ ti.on, I>- '5.)

First. It is frue. as alleged 1n your notice, that the sernntli conuressional district of Pennsylvania is composed of Che ter ru.ld Delaware Counties. I frre at We t Che ter, in Chester County. I deny that "to procure a majority upon the face of

1913. CONGRESSIO AL RECORD-HOUSE. 32171 the election returns at the election held N"ovember 5, 1912, cer­tain agents of the Hepublicau -Organization of the seYenth con­g-ressional cUstrict, in my service :ind on my behalf, did by fraud and perjury, fal ely preempt upon the official ballot of the State of Pennsyl'n:mia, two titles, one being 'Bull ~oose' and the other 'Roo ·eyelt ProgressiYe.'" I had nothing whatever to do with the preemption of the~ title on the official ballot of Peunsyl...-ania. I was not consulted by the preemptors and did not know at the time tile name of the preemptors residing in Delaware County. I did not h.-now at the time the nomination papers were circulated for signatures who circulated them, who .·igue<l them, or who procured others to sign them. I had noth­ing ,,.-hate\er to do with procuring signatures to these nomina­tion papers. I asked no one to sign them. I was told by some of the aclrnca tes of the election of Theodore Roose...-elt, re iding in Chester County, that they were in fa1or of the local tickets named in this congre sional district and that they proposed to preempt the title of "Bull .Moose" and form a ticket, with the names of Roose\elt electot·s and the candidates for State offices named at the Republican State cmffention at the head, to be followed with the names of all the local candidates selected by the Republican 'ote1·s at the uniform primaries held April 13, 1V12. I "as asked whether or not I would permit my name to remain on such ticket; I :mswel·ed that I would, pro1ided all of the Republicans named in our congressional district at the same primaries were gi1en a similar priYilege. I have no knowl-dge of either the preemption or formation of the " Bull Moose "

ticket in the se1enth congressional district beyond that stated herein. There w-as no "Roose-relt Progressi...-e" ticket in Ches­ter County. I know nothing w-hate\er of the preemption of the title '· Roo e\elt Progressi1e" in Delaware County and of the formation of its ticket there beyond that stated in this answer. I :wer that certain of the Roose-relt leaders in the State of Peunsylrnnia were in sympathy with the State and local nomi­nations of the Republican Party, where such nominations were effected without any suspicion or taint of fraud, as was the ca. ·e in the SeYenth cougression1tl district; that in pursuance of authority conferred by the statute of the State of Pennsylvania, these Rooseyelt leaders preempted these two titles, " Bull ::\foo .. e " and "IlooseYelt Progressi1e," for Rooseyelt presi<l.t>ntial electors and the Republican State ticket. They afterwards ob­tained signatures at large throughout the State of Pennsylnmia to nomination papers for Roose\elt elector and the candidates named at the Republican State conyention. Their purpose was to enable the \Oter to cast a ballot with a single mark for the Roo. e1elt electors, the Republican State candidates for Con­gre ~man at large, for auditor genera1, and for State treasurer, and for the local Repub1ican candidates elected at the aforesaid uniform primaries.

I deny that the titles "Bull hloo ~e" and ' Roo eYelt Pro­gre iYe" were intended and de igned to uecei1e and mi lead the rnter whose intention was to \ote the ticket upon which Theodore Roose\elt was a candidate, to wit, the Washington Party of Penn ylnmia. I a1er that the u e of these titles did not in fact clecei1e and mislead any Yoters. This allegation of intent and design to decei"rn and mislead the voter was raised on objections filed against the " Bull Moose" and " Roo eyelt Progressi\e" tickets by Frederick A. Howard, the Washington Party candidate for Congress in the se1enth congressional dis­trict, in the court of common pleas of Dauphin County, Pa., and uismissed, after fu]l hearing thereon, in the following decree:

.And now, October fl, 1912. after bearing, the within objections arc o>errnled and dismissed and the protbonotary is directed to certify this action to the secretary of the Commonwealth. An exception to this 01·der is ealed for the objector.

By the court ; S.n1'L J. :U. :UcCanr.ELL, J.

It was not alleged in the objections filed in Da.uphin County that I acted with the preernptors of the Bull ::\loo"'e and Roo e­Yelt Progre lve Parties for any fraudulent or impro1)er' purpose. Copies of these objections are attached to this aHswer, marked "Exhil>it A."

It was at thi hearing in Dauphin County, on October 9, 1912, that I first learned that the genuinene s of some of the names of the signers (liying in Delaware County) to the nomination papers of the Bull Moose and Roosevelt Progressi-re Parties was challenged. I did not lk'l\e the ovportunity to examine these nomination papers exhibited in said court. I deny that I had auy know1edge prior to this hearing in the Dauphin County court "that hundl'eds of names were forged in order to place my name for Congress and William C. Sproul for State senator and the Republican candidates for the State legislature upon these tickets." I further deny that I bad any knowledge prior to the hearing aforesaid "that names were forged alphabetically witllout enm the feeble pretense of disguising the handwriting," and that tlley "forged signers to the affidavits required at the

ends of these nomination pap.=?rs, and thnt they imper onutcd the affiants before tl1e ju tice of the peace;' uor ha.;-e I any su<:il' knowledge now further than that obtainetl by common report. I do know that tbe statute of PennsylYania requires objections to nomination papers to be filed in the Dauphin Couuty court, sitting at Harri burg. I belie\e that J . Watts Uercnr, the can­didate for State senator on the Washington Party ticket, JH'e­pared the objections to . aid nomination. papers, and the single ' ground of objection alleged was the iutent and <le ign to mi.~­leud and decefre, and that no forgeries of ian.atures were al­leged. The alleged forgeries, if any were committed, mu t ha'"e 1 been know·u to the said J . Watts :Mercur, becau e he hall in I attendance at said hearing four or five of the alie"'eU signer· ' from Delaware County as witne es to pro\e that they hall not ' signed their names to the nomination pa.per~, and counsel for objector insisted that they should be heard. Counsel for the nominees objected upon the ground that the notice senet.l ex­hibited no notice of such ground of conte. t. Th.e court us­tained the objection; counsel for objector then requested the court to permit objections to be filed nunc pro tune; the court I doubted its authority to extend the time limited l>y the act of assembly, and counsel for objector, :Mr. Robin-·on, concurred with that new of the court. I deny that the one objeclion • filed was dismissed upon a technicality anu aver that it was dismissed after a hearing in which it was fully consi<leretl. I During the hearing in court Mr. Gilbert, of coun..,el for the! nominee, stated that I was ready and wished to stute under oath l my knowledge concerning the preparation of these nornin::ition' papers. The court stated that it could not bear te timony that did not relate to any objection presented to it, and permi ion to 1 testify was nof' gi\en me. Imm~diately UPon the disposition of the question raised and considered by the court, I made inquiry of sernral citizens of Delaware County about the charges made that some of the ignatures attached to the nomilh1tion papers; prepared in Dela ware County were not genuine. I was a . ureLll by them that-they belie1ed that all the per on whose names were attached to these nomination papers had either. ignecl them, or had authorized them to be signed. During the hearing in ' Dauphin County one of the sitting jullges askecl of coun~el, in ' my presence~ whether a ufficient number of tmchallenged anu' unimpeachable names appe red upon the. e petitions to satisfy t the requirements of the statute and to which no exception could! be taken. The answer of counsel was that it required under! the tatute but 327 names to make the nomination for Congre s: and that there were 30 more than that numbel.' of unque tioned signatures. Immediately following this disposition of the oJJ-; jections by the Dauphin County comt photographs were made of these alleged forgeries and exhibited at public meetings helll in this congressional di trict prior to the election, and the que -tions of dishqnesty practiced in procuring ome of the e ·gna.­ture to these nomination paper lJecame one of the i sues of• the campaign.

I admit that a few day prior to the election I learned throu~ll . the public press and from the comments thereon that certain· men in Delaware County had been ane ted, chaTge<l with hav­ing forged some signatures of Delaware County re ideut to ' certain nomination papers. I knew personally but two of the~c; men charged with these ofl'.en es. I do not know to what organi­zation you refer when you tate that these men were "acti1e in· the councils of the organization supporting Thomas S. Butler."1 I deny that I willingly shut my eyes to the "nauseous scanual." I immediately inquired of tho..,e I thought wen informed, anLI; learned that the men who were chm.·ged with these crimes~ denied their guilt and insisted that they would be able to pron~; their innocence in courts of justice. In one prosecution the . . preliminary hearing ,,.-as waived; in three other pro ccutioos evidence was taken before the committing magi trate; two o the men charge<l were discharged and the third was helu for court. I was credibly informed that all the accused men iu sisted upon their innocence and declared their ability to establi .... 11 it when the chance should be given them in court. I did not believe them guilty, and they have not at th time of the filin~ of this answer been pronounced guilty by a court of justice. With more than enough unchallenged name~ on the petition : with the knowledge that many more signatures could ha1e been bad for the mere asking, it seemed to me unbelievable that the fraud alleged could have been practiced. It was said by tho accused and by others that these prosecutions were l>rought by the political enemies of the aecused for political effect upon the campaign in the hope that the voters of the district might thereby be induced to cast their votes against Republican can­didates whose names were found upon the Bull Moose and Roosevelt Progre ·sive tickets and in favor of the 'Vashington ticket, upon which J. Watts Me1·cur, the prosecutor, was a can­didate for the State senate in Delaware County. '

'

3218 COXGRESSIONAL RECORD- HOUSE. FEBilU..illY 15,

I h[rre no knowledge of funds supplied to any persons or com­mittee except as llereiuafter fully set out in answer to the second paragraph of your olJjection.

I ha.Ye no kuow1eclae that the e1enth congre sional district ' a circularized by Jetter fal ely asserting that the Bull 1\Ioose ticket was the only genuine Roo"'e\elt ticket in the di trict. I ne\' r aw or heard of . uch a circular. I deny that 4,332 \Oters wer cleceived and mi~led into \Oting for me for Congress. I a\er that bud all the~ 4,"32 \Ote -ca t for me on the "Bull l\Ioo " and " Roo e1e1t Proare si\e " ticket -been cast for the Washington Party ticket, which you aJleae in your objec­tion was the real intention of the •oters such a Yote would not have elected tbe Washington Party candidate, and would not have increased or aff ct cl :ronr 1ote and woulcl not ha\e l)re­Yentecl my election. There TVere at least 30 Ilepublican meet­ing held in this congre · ional district. There TI·ere many held by th Washington Party and there were many held by the Democratic Party. At the e meetings i .. ues were discussed, all the ticket in the field were talked about. The formation of tlle Bull Moo e ticket and the Iloo e1elt Progres i1e ticket wa condemned lJy speakers at public meetings held by the Wa ·hington Party and di ·cus ed in the public pre"'s by the members of the same party. The attention of the 1oter s was callecl to tlie appearance of the e tickets and advertisements were inserted in the new paper by the Washington Party rnnungers, warning the people against \Oting the Bull Moose or the Iloose1elt Pro.,.res. i,·e tickets, upon the ground that they w re not real Roo evelt tick ts; \Vhich ticket wa the genuine Iloo >elt ticket wa disputed among the Iloo e-rnlt people in thi · di trict. I attach copies of their adverti ·ements appearing <laily during the campaign in the Daily Local New , of West 'h ster bowing the contentions on thl account which existed

dnriu.,. the campaign, marked "Exhibit B." Willie I had nothing to do with the origin or formation of the

nnH ~loose anll Roo evelt Progressi\e ticket , I a1er that, so for n I hiwe any knowledge, they were made for lhe legitimate obj ·t of permitting Ilepublicans who de ired to Yote for Theo· dore Roo"eYelt and the Ile1rnblican State and local tickets an o.vportunity to do o l>y making one mark.

I deny that the perjury and corruption averreu on your obj tion were the re~ult of · a deliberate conspiracy on behalf of tile organization Jea<ler ·, who e can<liclnte I wa~." I knew llothiug of any uch con piracy. I deny •·that I had any know1 dge of its details long before election." I deny that "by reruniuing a candiclat upon the e ticket I thereby approved of the forgery and perjury," if any there were.

I ham learned through the irnblic pre that there was a crime committed ju Delaware ounty by ome per. on or per­f'on in the corruption of it jury lists. For the commission of tbi rime I a.m in no way re ponsible and in it l am no way hw lved. Who committed thi · crime court and itwestigator ha rn failed as yet to expoi,;e. I ha Ye 110 knowl <lge of either tlle offense or the off mler except that \Vhich has been pub­Ji. ·bed in the public pres ·. This crime affected in no way the fre will of the people expre eel at the po1l._, It '"a committed Anb · quently to the electiou and in no way aff ts its legalitv. While I hereby denounce the I erpetration of thi offeu e, ancl it.· p~rpetrators as well, I care not to which party they belong or with whom they may hn.Y~ b n formerly affiliated, I insi t with all the positiYene" s at my colllllland that I dill not know tllat uch au offense wn to be committed and that I do not l·uow who committed it, but I do know that who rnr lUd commit it ·wa not acting a· nu agent or ally of mine, nor had I any :i .·" ociation with them for such purpo.,e. I admit that you haYe mm1 public declaration · of your purpo e to make an objectio11 or contest to my ·eat in on(7ress, but I deny that this crime wa . committed to de troy one of your grounds for conte t · the ignoring of these bill of indictment in Delaware County ;ould in· . ent no obstacle to n consideration by ongre s of the forgeri aml perjurie. · alle.,.ed by you to ha\e l.Jeeu made u11on t11e: nomination papers.

You tate that 'this pollution of justice merit · the expulsion of thi Ilepresentati r from the Halls of Concrre ·. ' I agree vdtb you that anyone \Yho aided, abetted, encouraged, or know­ingly permitted such a crime, or failed to make public any knowledge that such a crime was to be committed. or, h:l\ing lmowledge of tho~e who committed it, now conceals it, is not only unfitted to sit in ouares , but is unfitted to be a citizen of any law-abidiucr community; but. as bereinbefore tated, I po iti\ely deny any connection with, knowletlg of, or re pou i­bilHy for the .crime.

-..:econd. I deny "that th expense account filed in this dis­tri ·t, so far ns they r fate to me, are fraudulent nnd false and th:lt money, thousands of dollnrs unaccouute l for by any camli­dat or committee, was ex1)euded by me or on my behalf."

The election expenses incurred by me, or by tlJo e who acted for me with my knowledge, are contained in tlle tatements filed by me and are absolutely correct anti accurate. I contributed $500 to each of the two re(7ularly organized Republican executi>e committee· of Che ter and Delaware Countie , which money was pent lJy the two committees in the conduct of the cam­paign for the whole Ilepublican ticket on which I was a candi­date. Aside from the~e two contribution , all the election ex­pense incurred to secure my election to the Sixty-third Con­gre , of which I ha1e any knowlet1(7e, excepting that which was expended by the Thoma S. Butler Lengue, referred to in your objection, are stated in my account on file with the Clerk of the Hou ·e of Representati1es at Washington and '"ith the clerk · of the courts of Chester and Delaware 'onnties Pa . Thi' account sho1'-s that I spent ·1,401.10, including the contribu­tion of ·500 to each of tile two Republican executi1e committee~·, a abo1e ·tated. The account of the Thoma R Butler League, filed 'vith the clerk of the court of he ter County, a pro>illell by law, shows that there wn pent by it on mr behalf and in order to ~ecure my election the sum of $40 . Excepting th . expenditures abO're stated, I did not pay, gi>e or lend, or agree to pay aiye, or lend either directly or indirectly, any money or 1aluable thing for election ex1)enses whatever. I authorized no one to exvend any money for election purpo es for me or ou my behalf, and no one with my knowledge or "·ith my con "" ent incurred any expense whate\er for that purpo. e beyond the amount abo1e stated. An examination of the e account will show for what purpo. e the e expenditure were made. They are all lawful, rea onable in ize, and entirely within the stat­ute.

'l'hirtl. I admit that a nnml>er of citizen· of Che~ter Countv formed an association styled the Thomas S. Butler League. it wa (·ompo eel not of profe ional po1itician , but of citizen of Che ter County who de ·ired my return to C ngre . I had nothing TI·hate,·er to do with the formation of thi league or tlle coucluct of its campnigu. I contributed nothinO' towanl its expeu es, either directly or indirectly. You do not i)articu1nrize in your objection the false and libelou article whicll were com-110 ed aml publLhed by aid league. I know of none, and I a\er that the conduct of the Thom2. S. Butler Lea,.,.ne wa fair, and that all their effort to ecnre my election were 110norable.

Fourth. I admit that there i. published at W t 'hester a paper · known as the Yilla (7e Record. I admit that T. L. Eyre own it. Whether he i the Ilepublican bo of he ter County. as you style him, is an open que tion. There are other men who claim the same di Unction. He is my per onal and politi­cal friend of many years, but I deny that he i my personal' repre entatiYe. I never had one. I admit that William C. Sproul is one of the three editors and proprietors of tbe n~ws­paper pub1i hed at Che ·ter Delaware County, known a the Morning Republican. I do not know whether he is the Repub­lican bo s of Delaware County, as alleged by you. Among Re· publicans whom I know be i not known as a bo . . I neYer recognized either one of the:::e men as my bo . ; indeed, they neYer assumed such owner hip. I do know, howe\er, that Sena­toT Sproul is not and wa not my personal representative in Delaware County, but I admit that he is my personal and political friend. You tate in this paragraph of your objection thn.t an editorial irnblicatiou was made in the e papers as follows :

The Hou. Thomas S. Butlet'. the Republican nominee for Congre R, was born and reared i:J. th Society of Friends. and i. proud of hi· Quaker ancestry. His opponent, Eugene C. Bonniwell, is a Roman Catholic (p. 4).

While I nernr saw or heard of it until I read the paragraph of rour objection, I admlt the truthfulnes of it TVith plea ure, f:O far as it relates to me. I did not in any manner inspire it. Since your notice sened on me, l\fr. Eyre informs me that he had not seen or heard of the article of which you complain, although it ap11eared in bi own newspaper. I ha\e no knowl­edge of "any man, et of men, political organization, or its repre eutatiY-e, employing or procuring mes engers to h'aYerse thi congressional di ·trict and to circulate on my account or on any account the publication which you characterize as a blasphemou and infamou libel, known as Knights of Colum­bus oath." That thi paper was circulated through this con­gre sional district durin"' this campaign I both admit and regret. I deny that I had anything whatever to do, directly or indi­rectly, with either it publication or its circulation. It came into this district th'rough the mails, I am informed, and as fa t as it appeared tho e who took my adnce de troyed it. I am advi. ed by tho e who know, that the same article wa cir­culated and distributed in other parts of Penn •ylvania. than this congressional district durin(7 the la t campaign, and I am further informed that tbi • . ame article hal'l been circulated not only in Pennsylrnnia, but in other States during political cam-

-.

1913. 00 ... :rGRESSIO.rTAL RECOI D-IIOUSE. 3219 ])aigns f:or mtlllY years. I bad no knowletlge whatever o.t it until it nppenrell here cluring tlle lust carnpnjgn, and from a RourcP. r J..110,-v notlling about. Two or three of my political adYoc::ites sliowed me copic13 of this pnper, which they had re· ccived. tl1rough th~ mails. I requested them to ascertain wbere other copies of it bad been received and to have all of tl.lem destroyed. I apprehended with ala.rm the use of uclt a docu­ment in a. p(Jlltical campaign, or at any other time.

I did not believe in its trutbfnles::::, nnd so stated my judg­ment cor:.ceruing it on XO\·embcr 4, 1912 {as soon ns complaint ,yns madQ to me of 1ts general circulation), through tile col­umns of the " ... est Chester Daily Local News, u paper with 17,000 circulation iu tllis congressional district, a copy of which notice is bcrewith attached and marked " Exhibit C." Inas­mnch as I di<l not '·ish to girn thls document, which I juclged to be ~pnrious, any notoriety whatsoever, I refrained from its pulJlic eondemnntion uutil the time when n. gencrnl complaint \ms mnde to me, nnd I thought it my duty to publicly condemn it. In nn interview witll you, reported in the Daily Local ~Tews, of West Chester. December 2, 1012, you exonerated me from the responsibility for the pulJUcntion or circulation of this i1aper by stating that it was not my work. A copy of this inter­vi ,-.; I attach to this answer, marked .. Exhibit D." I never huu a copy of the pn.per known ns the "Knights of Columbus on.th" j11 my possossion, nncl I never heard the wbole of it reacl until you furni~heu me with n copy of it, on the lGth dny of Decem­ber, Hl12, by uttacWng it to your notice of objection. In no wny am I guilty, eitller directly or indirecUy, of having inspired or eucourngctl the circulation of thi paper, an<l I nm in no way, directly or indirectly, rcstronsibJe for its appearance during this c::unpnign or at any other time. I do not know who published it and ::;cnt it into this district, and I do not know who circu­lated it, except by eommon report. I deny that "the circula­tion of this onth ancl the publlcutlon of the two euitol'lals were part of a comipiracy for the purpose of uroui~ing religious rancor nntl of tlcfenting tlle Democratic nominee." I have no lmowl­cdgc of any conspiracy on the part ot any persons for the pur­l> se of arousing, or of any at.tempt being made during the cam­paign to arouse, a religious rancor. I: have no knowledge of anyone ha:ring Y"oted against you because of your religious views. They were· flpoken of in my presence but two or three times cluring the whole campaign, and upon each occasion I llevlored n reference to such a subject. I know tllut the organi­zation whlch supported me made no attempt to create a relig­Jous te. t and to "l>lnze bigotry" into the campn.ign, and, more­over, I know that these org:mizations had member of the Ro­man Catholic Church connectcu with them. I I-now, further, tlmt active members of this church were my friends in the cam­paign, not only >"otlng for me, but actively assisting me." I be­lieve the circulation of tllls pa.per known ns the ,; Knight . of Columbus oath," notwithstanding my sincere efforts to suppress it~ and spurious as I believed it to be, was of disn.<lrnntage to me and lost rather tll:m rrfilned votes for me. •

I deny that there wn.s any orga.nizetl attac1~ or any movement ruade upon you or upon your re1igious creed, or upon tlle ancient and honorable church of which you ru·e a member.·• I deny " that tllcre is nobody but believes that you receivetl a plu­rality of the l~gul vote. ca.st at the last election for Congress­man in tllis uii::trict." Iu<leed, I ne-ver heard the suggestion from :myone but yourself. At the last election there were cnst for Con~ressmnn in tllis district 40,137 votes. Of these, you re­('eived on the Keystone ticket 1,040 T'Otes and on the Demo­cratic ticket l 1,17G ote. , making in all 12,225 votes. Of the whole rnte cast at this election, I received on the Republican tic-ket 14.!l44 votes, on the Bun Moo e ticket 3,0 1 >ot , on the Roo. crc1t rrn~e ... sive ticket 1,!!ul vote~, making a total of 19,270 voles. Uy iuajority over you was 7,0i:il.

Yon mnke no crltfcl. m of the vote which I received on tltc Ucpubllcnn tic-ket, wlllch exceeds that received by you on the Keyf:tono anu Democrntic combined by 2,719 vote . You in no woy cha1Jengc tlle correctness or the legallty of the vote cnst llpon any tkkct. You do not f'uggest that the.;will of the people was in any wny overcome or inte1·fere<l with or that any voter was deprived of his rlght secured Wm by law. You indicate 110 Yote cast at tlliN election that .:hou1<1. be e c:lutled for any reason whatever. You indicate none that sboulcl be counted that were not counte1l. You allc;-e no fraud practiced at either the 11olls or eLewhcre. You only ask Congress to unseat me becaus of mi conduct (nl1egcd by you) of persons and organizations, not name<l. wllom you stntc Yot d for an1l ~upported me at the last election iu tllc f'e ·e111.h congressionnl district, thi miscon­dnct in no wn, nfl'er·tin;; tlJe lc~nlity of the election or the sJze of rn rnnj_ority oYer you. You bnye in uo wny i::hown my con-11e<·tion with. uor rny re:·11ouRiLility for, "tlle felonies of forge(! l)np r~. !Jl'rjur ~l :wknowlNl!!'menL, yiolnted (J'rallll jury, and the

crime of religious slander." Your allegations of the~e offcn c~ committe<l by pcrsous and orgnnirntions uminmell l>y you, you do not even sustain by ontl1 or nmrrnation.

You are hereby notified that I will tile a copy of tlwii;e excep­tions, nnswer, ancl counter notice with the Clerk of the Honse of Ilepresentatlves within the time antl in the manner requixcu by: law, so that ihe House of Representatives mny mri.kc such dis­position of your notice of objection and these exceptions, answer, ancl counter notico us it mny see fit.

THO f.'\.S S. BUTI.F..R. STATE OF PE~XRYT.V'.A::'\TA, Oo1111fy of C11cpfcr, ss:

Defore me, the un<'le-...-sig-necl, personnlly appeared Thomas R. Butler, whose name is signed to tho above exceptionsi :inswer. nm1 counter notice, and being by mo 1lr1St duly ofHrn1ed, d"c a1·es and says tlint he ·verily believes tllnt the matters and things therl'in Rct forth m·n trur>.

'l'rrollAS S. Bun.En. Afilrmrd and subscribe<.l before me this 2<1 day or .Tunnnry, ln13. [8E.Af,.] UAUY B. DART,JKGTON,

:My commission e:xpit·cs February 21, 1913. 'Xot11.1·y PuuTic.

EXUIDIT A. In tbc court of common plc~s or Dauphin Coun1y, Pu. No. 1:;s,

January term, HH3. 1 In re nomination or Thomas S. Butler for Cong1·e!<s fur" tl..1e sovcnth

congressional district or l'ennsyl vun!a, uuclcr the unm or "Uoosevdt­Progrcsslve."

To tl!e honorable tlze judges of saitl cow·t: Frederick A. Howard, a resident of Chester, Pa .. nnd n qunlifled

elector of tbe nforci::nid conr.rcssionul district, objects to 1.l.ie nomina­tion pnperil tiled for Thomas ~. Butler for the oillce of Congrcs for the seventh con;:tres. ional district o.f Pennsylvania under the party name of " Hoo eYelt-l'ro::;r<'ssive" for the following reasons, viz :

Neither the electors signing the same, or the candidate named therein, O.'l'A ' followers or Theodore ltoosevclt or Progressives, as llie name implic., but on the contrary a1"0 exerting all their power to defeat Theodore Hoo. evclt for the oftlce of Pr<!l-ii<l1•nt of 1.he United .. •tutcs n.nd thereroro as such nre not entitle<.l to file any sncll nomination papers under such n party na.mc.

'l'hnt 1.bc sai<.l Thomns S. Entler is the Rcpubllcnn nominee for the office of Congressman in the nforcsn.id district.

That the said nomination papers were fraudulently filed, with the intent of deceiving the electors, by inducing them to believe from renson of sald Butler's name appearing under said pni·ty name, ns nhov<', that be is a follow-er and supporter of '.I'heodore Roosevelt, thus hoplng to secure the votes o.f electors who are favorable to Iloosevelt and who believe in bis principles for the snid Butler, while if they knew llis trne position they would vote agninst suiu Butler.

FnEDF.RICK A. II ow A.RD. Frccforlck A. Howard, the above objector, bein~ duly Rworn according

to law, deposes and says that the facts set forth jn the for 0 olng olr jectlons arc true to the b st of hi~ knowledge and lx:lief.

FnEDERICK A. now A.no.

Rworn and subscribed before me tbifl 3d day of October,.. 1912. [SEAJ,,] \V:u. H. 'l.'RICKF.n, l\ ota1·y P-uulic. CommiFsion expires Janunry 1!), 1915.

STATE Oll' PENNSYI,VA~IA County of Delaware, .~s: Thaddeus Shinkel, constable in the clty of Chester, in snid conniy

and State, being duly nfllrmed acco1·ding to Law, deposes nnd sn.ys that lrn served a carbon copy, of which within paper iR the original, npon the withjn-name<l Thomns S. Butler personuUy, in bi11 office, West Chester, Chester County, ra., at 10 a. m., tbi::; 4th day of October. rn12.

TllADDEUS SnrxKEL. Affirmrd and subscrlb <l be.fore me this 4th <lay of October, 101!! .. [SEAL.] CIIARLF.S PaL:u.1.m, otarv Public. Commission expires January 23, 191u. And now, October G, UH!?, time for hcnring fixeU. October 0, 10 n. m. By the court :

G:i::oRolil Ku. ·KEL, r. J. A:c<l now, October 9, 1912, after hca1·lng, the within objections nre

owrrulcd and dismisse<l, and the protllonotary ls directed to certify this action to the r;ecretury of the CommonTI"enltll. .Au exception to this order iR i>,cnled for the objector.

By tlrn court : SAli'L J. M. :Mc .rnmrr.r,, J.

In tllc Court of Common Pleas o! Dauphin County, Pa. No. lu9, January term, 191!3.

In re nomlnntion of Thomas S. Butler :for Congrt>ss for the i::ovrnth cvng1·c~s1om1l <listrict of Pennsylvania, under the nnmo o.f •• Bull :l\foosc."

To tlla lzonoraule tllc Judncs of the saitl court: Frederick A. Hownrcl, a resident o! Chester, Pa., nnil 11 quullfic<l.

elector of the uforesa.id cong-re .. lonnl district, object, to tlle nomination papers filed for Thomns S. Butler for the office of Coni:tress for the seventh congressional di::itrlct o! l'cnnsylvunin, under the p,nrty n11me of " Bull Moose " for the following reasons : Tlle name o.f ' llull Moose " is comlUonly applied to the party now snpportlnA' Col. Th odore Iloosc­veJ t for the oftlce of President of tho United States, and llls suppol'ters and followers are com1nonly called "Bull 1\Ioosers."

Neither the electors signing tbe nforesnld pnpcrs nor the candlda.te named therein arc followers or supporters of 'l'lleodore Roo. evelt. but, on the contrary, are exerting all their power:-, to defeat Tll<'odore Hoose­velt for tho oillce of !'resident of 1.hn Unlted i-:aates, and therefore ore not such electors os are entitled to file any such nomlnatlon papers under such a. party nam .

'£hat tho a.id Thomas , . Duller is t.he Ilepul.Jlicnn nominee for the office of Congressman in the aforesaid district.

'.rlmt the said nominntlon papers ' ere fraudulently flled, w1th the in­tent of deceiving the electors, by inducing tbcm to heliove from reaR011 of said Dutler's name appearing under sn.l<.l pnrty nnme, as nl)ove, th t be is a. follower nud upport r of Theouore l~oosovclt, thns hoping to ecmo th vote" of electors who aro fuyornlJlc to HooRrvclt, m11l who hl•­

li V in h1S prlncipl . , for tl.Je Hal<.l Hutlel'; while if they knew ll!:; trn1) po ition they would vote against soitl llutlrr.

Fr.EllERICK A. IIOWARD.

3220 CO.NGRE ·sroN.A.L RECORD-HOUSE. FEBRU RY 15 '

Frrdcrick A. Howard. thr auoYe ohJector, being duly sworn according to law. depose· and i-:nys that the fllct · set forth in the foregoing objec­t iou~ Ul'C tl'Ue to tlie ue"'t of his knowledge and belle!.

FnEDEntcK A. IIoW.\RD.

~worn and sul>scril>'d b~forc me thi :.M day of Octob<'r, 1012. (. E.\L,] 'V~r. II. 'l'RI KER, .

• 'otary l'111Jlic. Commi ··ion expires Jau:rnry lfl, l!H:J.

'T.\Tt. OF PE.· -.~YLY..\..·u, C:o1111ty of Dela1ral'e, ss: Thadden • llinkcl, cou. t-ulJI<' in the cltv of 'he ter, in said county and

~tut , being duly affirmed 11.v luw, clepci ·c and i:;ays tllat he ervcd n <'fil'bon co11y ot wllich the rithin pnper was Ute oti1:dnal upon the witllin­num cl Thomas .'. But! l' personally in hi.,; office, 'Ye. t ~I.Jester, Ch<'ster Cutmty, l'a., at lU a. m. this -!tll cluy of October, 101:.!.

'l'IUDDEt.:s Snr.-KEL . • \ffirmed and sul.i~crilicd !Jcfot·c me tbli! ·Hll day of OctohN\ 1012. [SJ::.1L.) CII.1ULES l'AL IETI,

11·ota1·u Public. Commi lou expil'<'s .January 2:~. 191:>. Ant1 now, Odol.Jer :.i, l!ll :!, time for hl·:iring fix d October O, 10 a. m. Hy the 'ourt :

GEORGE Ke.·KEL, I'. J. Anu now, Octol.Jrr !l Hl1'.?, nfl ·r h<'nring, the within o11jl•ctions nrc

ovc.tTul~d :ind clismil'l~ea, nud thr protlwnotary is dit'ecte<l to c-crtlfy this art10n. to the e 1· •tttr. of llle 'ommonwcaltb. .An c cC'ption to tlli,; orJl'l' 1. seukd for tllc ohJcdor.

.Uy the court :

F.X:II llHT B. [Political.]

S.DIL • .J. :_1,f. ~I·('. l!l!I::I.L, J.

Dy maklo; nn X in th!' ch'rle or the Dull .foo:-e ticket ~·ou will vote for Th<'odon• Hoosevclt nnd IIirum ''°· .Johnson, th<' two greatc:t AmPrl­('Un citizrn living, and at the ·amc time :rou will lie ca ·ting , ·ot fol' tlH-! .'tntc tiekc·t and 'ongrc.~.·. Hern. Tlios. H. Butler; Stntc ·enatc 'l'ho.·. R Icllowell: lt•gi. ·latme, Jacot> V. l'cnne~a1·, 'l'lleo. Pennock:

• .'nmut'l . \ 'hittaker. HC'mcm!Jt•r. thi..; i~ the po1rnlar tkk<'t and one vhkl1 nppeal. to evNy hone t Uepnhlican. l~oo: vrlt nn<l .lohn. on. Th only c;r1111in<' l'ro"tC ,,i\·e Hoosen:lt nnd .rohn <.m ticket i• the w,1 hin~ton tkk<'t. Yotf' it . trnl;.:1.Jt 1.Jy [XJ in S•}\ll\re OlllJO ·lte t.he "·onl .. ' ·a hing-ton ·· at fuot ol lmllot.

. Ton - .T. (~m:r:x, ll'as1ti119to11 l'al'ly Uliai1·111u11.

E.'IJICI'l' C.

[l'oll!irHI.] To tile rntcr'! of l'hc.~tcr Co1111ty:

I 11111lerl'tanrl therc i!'I nn nnony-mon. circular bl'ins clb.;trihnt<'ll to-clay cak11lnte<l to injure m~· 01111onl'ot on the I>cmocratlc tkk<'t.

wnnt to cmph::tticall.r di ll\'11\· m.Y knowledh'P or .·anl'li•>n of thl~ pl:-io of camp: I:ro; nn<l I want to further empllatleally . tut!' that this drt•uJntlon i;; without tbl' kno ·I ti"" aml con ·ent of th f~qml>li ·au c:onuty committee..: or 'lt st r unct n"tnwarc 'ountie>1.

Tuu U::l • '. BL TLJ;n, E. f!ffllT D.

rn. ROXi'\IWEI.L TO FlLF. rnOTF.~T ·ro ('t)'\r:l~F.H. ')[.\); Til''l'T.T·:r: TAl"T."r. TITS .,.(:;.\'£ L .·1;xr {;(l.'1;!:1-::iS lH! 'IJ,r, 1'1Ll-l HIFI l'.\PF:ll~ Wl'fl{ THI:: c-r.1:ny;; OF TUE IIOl'l->E OF m:rnESl·;.··1·.1Tl\'£ .• ·o-r l..\T .n TIU.~ UEl'l:)! ­Ill:l? 16.

On Dec<'ml>cr lG EngPn C. r.onnlwcll, of Waynr. thl' 11 .. rcatecl cnndi­dnle for CouQTC'.·s in tlH~ rec ut <'l<'ction, will iii<' witll the Clerk of tll Hou e, at \\'nshiugtrm. V. c.. his f rmal cl!. r:z; • or ullc!!ed ir­Bu~tI~~'.·lty used by tile ilutlct' force.- in ·ccuriug th~ election of .Ir.

On thi date the 00 duys r,llowcd hv thl' law for thn fllln~ or chilr"C'--> of tll l.· nu tu re e.xpircs, ancl as , 001i a.· thP Clerk of thP llolll'C rn­c•nlv~s the papers from :\Ir. Bonniwell Jw will at once S<'D<.l n copy to Coni:re ·.mun Butler, who ha ::o c.1nl.:" fol' fllin~ his rc11ly. 'I hen thr m ttPr is refcrr d to the El ctlon ommttte1~ on 'onto ·t" und n. day for tlie hearin;r of cvlUeucc is K"t. •) the m 1tter wlll not come up for n•11l nctlon until the laHt of .Ia1·ch.

'f1Hluy ,,fr. Bonni ·ell L in Wu. bin~ton to take np hcfore the Elrc­tl1m 'e>mmltke on Contl' tcd Eli ctlon the CHill' of Hawkins I' .. :HcCr<•ary. he 1· pre entln~ .Ir. Hawkin.". LaHt cvcnin~ l>efol'e he lc>ft his llomc Ltt \Vayne he nrnrle the followln:; lntemcnt to n r!'port r of tbo ... • ·ti:

•· .. 'o; I will not file m.v clrnrg-rs to-morrow." snid .fr. llonnlwell ~ftcr query bn.<l l><'en mnd on thi point. "You ·e ., .. he contlnuctl, • T h:ive :.to day· aftl'l' the ofllcial count J:; made, nud thnt time docH not <':Ipir until DecemlJ r lfl. lmt I wlll mo~t certninlr h:we it in tlie IJ:trnl of the Clct·k of the llonc:; • 11y that time. The jrnrport o! my c· 111r;,'f.• will ue tlle 1Ileg-nl u ·e of mon<'y, e pecially 111 DP a.ware onnty, 11' th<' Butler force:>, ul·o tl1c method~ u~Pd to pt·eewpt ti.Jc Bull loose l':irt.'" and thPn I will R<'ll<l n copy of the cil"cular that wu. put out whlC'l1 wn: !!Hid to he the onth of tl1e Knight of ('oluruhn" ancl of ' hkh order I am n merul)('r. 'l'hnt w1l::1 done for no othCl' IHH}lO>:e thnn 1·• iuJm·e me. Wliile till. can not he toiaid to b the work of :.\Ir. 1:utlP.1'. 11<' wn.- a hen<'ficin1·y of the frnuu prnctlced, which i~. in the <'Y•'s or the law. tb. • uruc thing u~ l1eing one of the partlc:. I have 1·11ll<'<'tPcl u great deal or evid<'UCP. nn<.l it will all b<' brought \Jeforc tl1e co111111ittr· at the hearing whkll wlll 1.J held lo Wn ·hington. I 'Will p1·11C'tl•nlly rC'pl'L'Jcnt m.·: lf in thr mntfrr. nlthongh one or the ad­th'<' .'l'~ will he mncl 1.Jy l'lt~· .'olkilor .lichnel Hyan, llnt I will con­duet the ca <'. n I lln v hntl exp rlPnC•' iu i-illlila r ca es, I l>elng the t'Ppn.·s ntative or )fr. Hawkin~. or l'hlludclpllia. in his cont<." t over the eh•C'lion, two ye r::i ag-o, or fr. lC · 'l'l'Hry, of I'l.Jila(]rlpbia. I will m·1k . my nppcnl to-morrnw in Wn hlng-ton. , Q you . ee I will have the !'.Xperi nee or tbls case to he ·omi> :u·c1u11int tl with th' metllods nccc -snry. I feel that wh n tlt' <li~elosures I have in my posse ·.· ion arc mnde l.Jcfor the comruitt e thul tlu•;v will . th . irre~ulnr methods llceJ to defen t me and tbn omP aetion "·ill he tal en. ·r can not say 111or' at thi time othet' than the watt l' 011 .. ht all to be thrashed out by April 1 or the ·omln~ ;v<'ar."

From ditfcrC'Dt . OUJ'C('S \\"Ol'<l lins Cl)IDI' tbnt ~fr. nonnlwell bas been mo:t ncttve in ·ollcctlog- evillcnl'f' for bi· propo. ed fight, and reprc­i-eutntl,·es or him hnve lw. ·n hotll in ('hcskr and Delaware ounties intl·rvlewin~ dill'>'rPut leader · us w II ns voter, to "<'Cure certain in­formation. In tlw 11tP;llltinH' Hon. Tllonrn. l4. Rutlcr it on tho "li•l" nnd . J:V • nothio~. Ji rl'ft14in~ to (]I. <·mt tlrn 1n·os[l ct. of his .lat !J·in~ coui.t·sted. ~:1yin~: '"Tltt•rc ls nothing in it ln nuy :bapc or

form, and I have no fear." l\ft•. Ilntler left 'Yest Chester ye tet'd;l:V for Washing-ton, where he will clos<' up the ma ttcrs tba t nrc to l.>e tlon'I.! iu this the last session of Congrcs · uude1· President Taft.

These tPo do<:urucuts were referred to this eornmittc~ on 1 he 7th duy of Jnuunry. 1913, by the Speaker with tlli.· . iatcm 'llt:

The SPEAK En. Thr. <'hair bus in Ills possr,:sion two rommunlcat ion>: . One of thPm purports to !Je a noticr of contest by Bugl'ne l'. l.l~'llllhn·il agninst ., [1·. Ilutler, of the f;eY ntb l't'un~yh·ania dl:-trlct. On e.·nmlna­tlon o! tbe document, howen!r, it turns out not to l.Jc u. notice of cou­tei:;t, I.mt to be Pomrthlng more Jn the nnlurr. of a. memot"ial to tl1i'l Hou. c, s Hing fol·th that the gentleman from l'enll:<ylvania [ '11·. llutkr] ought to be xpellcd from Hle House. The ('hair also lrn!'l a copy of the reply of the gentl!'man from Penn~rl\·aniu (. lr. ButkrJ. anti without lOUFmmln~ any more tlme tlle 'hair rl'fl'J'.:.; hoth paJll'l'" t•> tlle 'ommitlee on Elec:Uons No. 1. ( o.·o. ltEcono, p. IG .)

On the :20th d..'1~- of .T:tuuar.·, 1!)13, this eonm1ittec nchlrN~..:011 to Ar. :Bonniwell and Ueprc~entn tin~ Hu tier 11 tkcs to a ppe:i r befor tllc t'Ommittec 011 tile !!4th cfay of J:111nnry, nt n o' ·lot·k n. m. 'l'hc~·c notice~ 'yere iu the form of letters as fullow8:

LETT Mt TO . rn. 1:o:·xrwr:LL. W.\SIII .-cTv::-;, D. C., .Tu1111ary 20, J'J/.,,

Ilo.·xrwELL, ll"aync, Pa.

Dr.An Rm: Tllerc bn been t·rf<'l'I'C'cl to th<' ('ommitt1" on Ekrt!ons .·o. 1 of th<' Holl~(' of n !llT~l'ntatiH':-1 or the :-;L ty-t-:PC'Onll l'onc:l'<':<:-1 a procc!'dlng filed li.v you against Hon. Tbomns 8. l!ull<>r, a HC'prr:;;c11ta ti\·e from l ' nn~:vh·ania. Upon th t proct'etliug tlle •'J,.lL'Ukcr of the Hou.<' rnied on January 17, as follows:

"'!'he !41•1·:AK1:n. '.fhe Cltail' lmi; iu his pos.~cs:ion two rommunil'utious. OnP of them pttrports to be n notiC'e or conlr,· t l•Y Eui;:Pne C. Honnlw<'ll :i~ulu t '.\Ir. Butler. of tllc S<'\'!'nth I' nns:vlyanin dii;trict. On <'X:tmiua­tlou of the clo~umenl, however, it turuH out not to ht! a notice of c·o11t1-st, bnt to llr omc-tlling more! in the nttturc of n m morin I to this llo1t'l•'. i-:etllni;: fortl.J that the g•nill'mnn from l'Nrn:<ylYnnin [~Ir. J;utll'rj ongltt to b<' exp il<'t.1 from the llouo;e. 'Th<' <'hair also hns u C'op;v of th•' revly .of th g<'nllcmnn frma P nn.~;Ivnnin [ l\lr. Hntll'r J. anil \'itl1011t con:nming nn:v mor<' time the 'llnil' rc:frrs l>oth i>Ul>L•t·s to tile 'o::.umittl.'c on El, ct iom1 • ·o. 1.''

Your memorial Is clil'f'Ctl·d to th Hon. CII.\i\Il' Cr,.\RK • .'1wnl·<'i' of th ITouHe Qf H1·preHentati\·1>:-1, and i cons<'qncntly- dlndcd to tht• pr1 s1 nt ConAl'l's,.;. 'l'!w paper nllrgl'H thut \OU ol>,i<.'ct to the II on Tlio111u,.; • · . Buth•r holding a srat in tllr ~ixly-third Cun1;i·e:-1,,;.

Jt :il:o nll<'g"<'S C'onc111ct whicl1, ~-on assert, slloult.I. cau~c Hon. 'l'hom:ts S. Butlct· to h<' xpellt•(l fror.1 th<' IT0111'c.

Tl.tis c·ommlttec. or thC' Hou. e of Hcpr·Ps<'nlati\·c:-: of the RI ·t.'·-~eco111t C'on_:1;t"e•'A, har-1 no jurii;;clktlou to dl'tl'l'minc nn:v matt J'!-1 nffcctlng lhl' . <'nt of unr • 1Pmhe1· ti :ct in tht• • 'I. ty-thircl 'ongr Rs, :incl Jn view of tJ1,.. Pquln>C' l t:harnct!'1· of :rour pnp<'r you at·1. notllied 1o app<':H h<'for" thi· rommlllP•' at V o'C'lo<:k a. m. on F1·1day •• Tnnuary :!L 1!11::, tu 1-<liow what C'<lll"P, if nny. you J1avr· for this committel' to det<'rmiue tlw ri •ht of II on. Thoma~ :-;, ButlC'r to contirLlll' to hold n 1< •at lu the Hl!ty-

cond Congr ::;. Your::i, truly, Fua. ·1~ Mu.Leu, Clct'/;,

LETTJ:r. TO • lit. ill TT.El:.

Hon. 'frro~rAi:; R. r.c·Tr.1-:n. "' iu~uT :N, D. .. Ja1111urv ~O, 1~11J.

Jfo11 ·c of 1tr111·r~c11tnlircR. ll a.<;ldt1{fin11, D. C . ;\h: l>EAU CO:\<HU:SS . IA .. : I hcr~with luclos' CO]W or n l<'i tcr whkh

the ommitt<'e. nt s meC'ting tllis morntng. In. tnwtcd me to forw. r<I to . Cr. Et1f:'l'll<• ('. Bouniw<'ll rPiativc• to his 111!'morlnl to the llou· e of ltc•p­re:-:cntn tiv<''I c:onrc·rnlng :-·our ri•llt to a 1o;eat lo the Hou·.

'l'hp c-.lmmltten nl. o iustrurtccl 111•! to forward n c:-0py of th<' l<'ll<'t' to ..IL". Honni\\'ell to )"CJ11, witl.l till' in.-tml'tion tl.Jnt you lie notitl~d to up­PNll' l>C'fore Ill<' <'ommittPP ou J:lectious i.To. 1 on Fl·icla.· •• It nuar~· :!-l, 1!)1 '', at n o'cloC'lc n. m.

Yom"·· truly, Fn.\XK ~Jn,L1m. Clcrl•. .Ir. Bonuiw~il ditl 11nl ~q1pe,1r ticfor nu committf:' 1 on the

tln .. or the hearing. uut .. Ill lu the l'hairuwll tlle follo · i11;; Jet1 r:

r.r.Tl'"t:r. rr.o'r .ru. no.·.· 1w1-:Lr.. P1ur.ADEL1·uu, Ju1111ary 21, 19/..

Hon. Tr ~rnTin: .\. ·. nr;r.n1, l'hni1 ·111c11i ()0111111itlcr: OIL Rlcc/in11. Xo. 1.

lI0118C Of J<l'Jl/"C'.QC:lliUtil"('/:l, Jl•u.11/iill:JtOll, D. ('. :.\IY D1·iAn Sm: Yonr fnvor 01' th<' ~Oth inst:rnt at l1and, nncl l full.v

ronc·u1· in your juclgomcnt tbnt th!~ l 'ongress bas no jnri~dlctlon. I \\'lsh to 1rnt formally or rccor<l, Jn l'Pp!y to your notlt•n 1ul1ln'. Pd to UH' o[ ·th" nhoYe dnt<' nnd sigoncd "I'rnnk lillt·1'. cirri·," to uppcur 1'cfore ~·our rommittce at f) n. m. F1·luar. Jnnunrv ~-I. 101::, tllat I do not roni;ld1•t· thnt I hn,·c any i-latu · uud••r thl uotit" to p1·c.·c11t n en:~ o~.1in.;;t '.\lr. I:utlcr nt thlt-1 time. I nil~hl clli' •ct your att ntion to the fnct thnt t1•clinically-nnd th!. point hn · nct\lnlly heen mn<i<' 11,y ·01m ·cl fol' till' non. Ueol',l~(I Il. )I<·CrMI'\" in tlrn )lending C'ODtcst of Fran!· if. Hawkin. r. <lcorg<' n. 1r<'r<'nr.v_.:..1hnt then• urc no rules noel no ho<iy 11•g-11!1~· cun.'titutP<l to provitle fot• nu clN:tion contPst of nn in<"omlni:: ( 1111~r<'i<S until that t 'ongrc s ltns nctnallv m t; or, in olhe1· word.. thu ~ tll•! J'l'"Ulutlon.' of tile Hixty-tin1t <'onJ,l'rP~ con<'Cl'Dlni:: conlc. t~. notic· .· thcrrof, de .. m·e<l not hind the ,'ut.r-sPconc.l Coni;rcs.', not· tho c or the 'i. t.r-iPconcl thr ,'Jxt~·-thir<l.

'l'h rules of the CommlttPc on El, dionR of the T1011.·" of Rrprr..~rntn­tivPs ontnin no f:peclf1<'1l form for a notlr<> or ront t he ·one! thnt it Rhall l>c "In writing-" and ''In snch notice i:;hall . p<'dly particulnl'l;v the g-rounll • npon wbicll h1' r<'ll< ~ upon n contc!it.'' 'l'he r11lp. do not even r quire thn t a copy of sai1l not ice sha ll be . nt to th oflkf'rs of the Uou.·c. 'l'hi · notice of contL•.-t wa · ,·en- t.1 upon 'I'homns 8. Butler "within 30 rlnys after the l'<':ult of snC'l1 cle ·tion bad ht'<'n d tNmin<'cl by the honrd of c·auvu ·r-1<'r"." It could hardly be mor e.·plidt in its lnngun.ge:

"I herchv tile notice or ol>jc ·lion to the right or Thoma. R. Ilnti<'r to repre, ent the even th congt'<'Hsionnl di trici: of l'eun. ylvanin ln the 'J.xty-tbil'd Congre .• -. nod a-. lgn the following rcasonli :

"'.i!'Jr t. Frut.:d and p rjury. " • ccond. Illegal e pens ~. "'l'blrcl. Libel. "Fourth. Heliglou. attack upon the Knights of C lumtrns, iu viuln.­

tlon ot the coo."titut1onul right of citizen. hip." Each of the forcg-oing grounds. iC proven. I elm~ roncln. lvc reuxons

for refu. in" to t ermlt th<' cont<'. t<' to hold 111." . t•ut.

1913. COXGRESSION AL REOORD-HOUSE. 3221 In:rnmuch nR there can· not be a Spcnkci· of the Ilouse or Clerk of the

Jlou :;c• of tho 1-\lxtv-thircl Congress uutil December or, in the event of a sppc ial i:c.ss ion. n't the pleasnre of the President, and as this Congress has 1n·m·ide<l C'crtnln rules for the regulations of contested-election cast·i<. it "as <lt:l'med IJy me advi!mble to also file copies of said objec­tion with the pn·sent 't-ipeal•er of the House, in order that the same mi~ht in form comply with the pre ent regulations. I might add tbnt tlH~ plt>a"ant certa inty that the present distinguished ..:peaker wlll, in all likelilluod. Jll'P 'l ide on•r the next Congress persuaded me to address liirn hv numc iu future. rather than in IJlank as the Speaker or Clerk.

We· ar ahout to he>gin to take lestimony in support o.f the various allri.:11 t ions narned Jn tbh; notice of contest. This testimony, under the rnks. can not be completed for 'iG days, nor printed, I take it, for a period of a ruontb fnllowln~ that.

'.l'hcrefore, while thankln!-{ your committee for its unusual courtesy anrl lhe 011111Jrtunity or developing hefore thlti Congress the vicious and infamous c•Jn<lud of t!Jr representatives of the Republican organiza­tion snpport ln:::- l\fr. llutlcr. I feel that in due justice to myself, as well ns to the citizens of Delaware County, whose ballot rights were violaku null who. o gr:rnd-j11ry wheel waR padded, that I should proceed in 11n ord(' l'l• fashion in .·ettlng- forth this evidence, so thn.t Congress mav act with due juugment and discretion. . i "'oulll tlwrl'fow pray :\'Our honorable committee tbat your judgment 1Dclil'11ted in '\(•nr kttet· 01' the :!0th, to wlt, that this committee and thi. ( 'ongT<'$~1 arc without jnrlsdictlou in this matter, and that it is a. suhJcc-t mntu·r for the incoming- Congres:>, IJe made the text of your re­JlOrt. if anv lie needed.

I am with much reRpect. Your1-1, v~·ry sincere!~·. EUOE. ·E C. BOXXIl\ELL.

ne1n·e,;;cnt:itin~ Butler nppC'arNl nt the hearing, was exam­irn'<l by the committee, :rncl ma<le a full <.leuin.l of all tlle charges con ta ine<.l in the memorial of the .·ni<l Eugene C. Bonniwell, so far il"'- tl1ey iu irny mnuner affl•t:teu him.

'J'lii~ cuwmiltee, of course, h:u; 110 jurlsJlction to <letermine any mutters nfft! ·tin" the right of any l)eri:::on to a sent in the IIouf'e of He11re~e11tntires in tllc Sixty-third Congre~s. It does not, tllcl'l•furc. attempt to pasf.l upon any qu<'stion involYed in any yalitl conte8t; wl!ic.:11 may have been im;tituted ngaim;t tho sili<l Tlwmas S. Butler l>y the :aiu Eugene O. nonniwell or anyone l'l:::lC', alkgiu~ thnt ho and not the i:::nid Thomas S. Buller is the duly cle~tetl Re1we. eutatiYe from the seventh congres!:lionnl tlis­trit:t of Peunsylrnnia iu the Sixty-third Congress.

However. from a careful examination of the document filed !Jy Mr. Bonniwell, it nppeurs that the Speaker was entirely ~orrect in <ll'c:lnrin~ thnt it is a pn11er in tlle nature of a memorial to this Hon!-le alleging certain acts and conduct by person for ''"llicl1 Ill'r>refentatfre Butler. it is at:~·erte<l. shon](l be expelled.

'l.'hc 11np0 r, or memorinl, is addressed to "Hon. CII.\.MP CLARK, 8pe:ikcr of tl.Je IIom:;e of Il.epreF:cntntive~, nnd l\IemlJers of tllc Hon~e of Hevre. cntati,·e , '11·ashlngton, D. C."

'l'lle ouly Congre~ · in which :\Ir. CLARK is or ever hns 1Je0n R11euker of tlie Hou"c of Ileprei-:entntives is the vrcsent, or Sixty­~ecoml Cou:?rl'. s, and tllc only "l\IernberR of the House of Ilepre­~entll ti rns ., in being nre the )frmlJers of this House.

It i~ trnc tllut the i1~11cr of l\Ir. Ilouniwcll bC'gins witll tlle statement:

I lrnrchy fil1' notice of obj •clion to the right o:C Thomn. S. Iln11rr to repre.·ent the !'leventh congrl'Sl>iouul dis trict of l'enn~:rlvania iu the Rlxty-thirtl Congre~s .

Hnt iu the e,:uill i•apcr ~Ir. Bouuiwl'll clisliuctly sttltc~: I file 110 co1111dui11t /J cr.1111., c of a<l rc r .« P, election rcturn.~­Aml-Fur myself I maT.;c llO appeal to your llonora/Jlc uotlJ) t7wt I may uc

seated.

Tile pnv<'r of :\Ir. Bonnlw0l1 heing filed willi Ulis House antl the nutllor di:-: ·lairuiug that it i:; filed. ns a notice of contest, in whi<.:11 lie iutem1s to claim tllc> i-:01it of Iteprcsent:iti>e BUTLER in the 8L·ty-thlr<l. Congre~ · :mil it contnining ,_·uch nllegnt.ions against H(•prer:entatirn Tllom1u..: R Butler, the Hitting )feml><~·r from the ... ,.euth congrci:;sioual tli-.;tric.:f of reuui:::yl\·ania, at1 fo11ow · :

This 1111ll11t1nn or jm;tke rueritR the expulsion of this Til'presentative from the llnll · of l'oui;re :-;-

Aud-Thi.; man receiving hi. election unller the~e C'il'cumstnnce , ac1cling tlie

felon!(•. ' of for~ed vapcr.-. perjuretl ncknowlcdgment~. aud violntcc1 grnnd jury to the more wicked crime of rell~lou slander, ought not to be tolc1·ntell In tlle Hou:e of Heprescntutlve .

'l'he commitee l!ns felt it to JJe its dtlty to examine with ~ome care the <lo(:nmeut to ascertain whether there arc any clu1.rges uwcle a~niu. t nepresentati>e llutlc>r wllic:h warrant reporting to this Hou n re>:olntion rccomruen<liug hts expulsion.

The paper of ~Ir. Bonniwell is ndroitly drn wn, but when nn11lyzed it i.' found to he one of innnenuo an<l not of <.lirect <:lln r~e. It refers to perjury and forgery in connection "·ith the nomin<ltiou~ of IleprC'Re11tati>e Tllomns S. Buller auu candi­<1ut0s for lo ·al offices iu Clle.·ter and Delaware Conntie:-:, Pa., :mil nss rt: tllat tl.J.ec.:e crimes of perjury and forgery were com­lllitll u tl!rou~h a eou~piracy. But there is no clrnrge that Rep­l'l':-:en1ative Butler committed or furtllered the perjury or fo~·~l·t·y or took part iu tlle alleged criminal con piracy.

:i;11e lHlLH~r of .Mr. llonniwell further referc' to au alleged i1ol­lnt 10n of t11e- grand jury of Delaware County, Pn., after the eledlc111 of 1!112, and at a time wllen <:ertniu clediou otlit:ial::;

were about to be indicted for alleged offenses at that clecti911, but there is no actual charge that Reprc. cntatiye Butler var­Ucipated in, furthered, or was eyeu cognizant of tlle alll'geLl conspiracy to pollute tlle grand jury.

The p11per of ~Ir. Bonniwell asserts tllnt Heprc:o;cntatirn Butler has filed a false ~nd fraudulent e.·11en~e acconut uutlt:'t' the State law as a candidate for election as a Hepre~cntati\'c in the Sixty-third Congress. This, if true, chnr~C!'I a crime against Representative Butlci-, IJut we find tlrnt tllere is 11ro­Yided ample machinery under the laws of Pennsylrnnln to try that charge. It hns been tlle tmiform vractice of thi · Huu"t' not to in>esti~ate a chnrge of crime ag:1i11Ht n i\fomhcr wllere it has been denied by him and '"here he can lw legally prosecntl'tl in the courts. If Reprcsentathc Butler ~hall be pro:-:rc-nte1l under the cor!'upt-practices act of renn~:rl nmia unrl. ·l.J.n 11 he found guilty, theu an entirely <liffcrcut proposition mn.v n ri:-:P upon ''hich to memorialize C'itller this Hou:-:c or t.lle Hon~e of the Sixty-third Congress.

Tlle paper of l\Ir. Bonniwe11 alleges that a committee <'~P<'­cially organized by the friends of Thomas S. Butler. style<l tl1P Butler League, composed and cause<l to IJe pulJlisl.J.etl fal:rn a111l libelous articles c-oncerning :\Ir. Buuniwell. It will ue 11ot£'(l tllnt it is not charged that said false and libl'lou~ articles were either vrcpare<l. or puulishe<l. by Uepreseutatin's Butler or tlrnt ll.e cYen had knowledge of their publication. It merely chnrge~ tllat the. e publications w<'l'c rn:H1e by the pcr~ounl friend:-> of Hon. 1.'honrns S. Butler. Tllis nlle~ntion, if true. might lllilkl' "the i1ersonul friends" of H0pref':eulati,-e Butler guilty of a crime. but it certainly coul<.1 uot m:lke nein·c .. eutntin~ Bntll'r llim~elf guilty of a crime.

The vapcr of l\Ir. Bouuin·cll further n llcges tlrn t-Tbe -n·est Cbl'ster Villng-c Ilecord i~ n local DPWRpn11er, larA"r>ly ownc11 '

and controlled by T. L. Eyre, ltepuhlicnn boss of Che ter Count · :rnll pct·sonal representative of '.rhomas S. Entler. anti tllat this newspaper publiRlled nu <'<'litorial c~1.lling ntlcntio11. to tlle religion of the snid Eugene C. llonuiwell, nnd tllal this editorial wns re11ublii::;hed in the Chesler Republican for tlle purpose of arousing religiou. rancor all(l tlefeating the De 10-

crntic nominee, l\Ir. Bonniwell. This committee cnn not con1lemn too :-lnmgly the puhlicntion

of the fall'le nnd libelous nrticle refcrreu to in the pnver of :\It'. Bonniwell, and ·which ""'s the spurious Knights of o1umlJnR oath, a copy of wllicll is nppell(leu lo tlle paver. It al ·o con­demns the pulJllcntion of editorials to excite i·eligiou. l)rejmlicc in u politicnl campaign. .r·o man shoulll ue prosecuted for lli~ religion, whctller he be atholic or rrotesta11t. Howcyer. it iR not allegc<l in the paper tllnt Hepre:cntatirn Ilntler irnbli:-:llctl or cunRed tlle pu!Jlicatiou of cithC'r the false oath or tlle preju­<1iee<1 editor ill. 1:-:.

'.l'hiH committee does not inten<l cltber to inculpn.te or to ex­cu11mte those who co1Hlncted the cnmpui~ anll ele1::tio11 in the connties of Cllc8ler and Deln.wnre, in ren.nsylYnnia, in 101!:?. 'l'lle C<lmpaign and the election in general are not proper suh­ject. for iuvesligation by tho House of Rcr>resentative:; of ilte Unitec1 States. Tlle jurisdiction of the Hou c of Rc1wcscntn­tiYes in such matters is bn~cd solely upon Article I, :..:ccUon G, of the Constitution of tlle United States vroYi<ling:

Each IJonse shall IJf' tllc jud~e of tbe elections, returns. nn<l <1nnl lfk:t­tions of its own MembPrs, 1mnish its Members for tlisor<lPrly beh1tvlor, and with tlle concunencc of two-thirds expel u Mem1Jc1-.

lJll(lc>r that power the Hot1se consill.er.' contestR :ignin~t tile ·eat of u Member holdin~ a certificate of election and memorials against a. sitting l\Ieml>er or a ~Iem!Jer nl>ont to take hi~ st•nt nuder his eertifiente of election charging llim witll offc11scH whirll. if true, justif.r his expulsion from the Hou:c. The committee hns alreuuy stntl'll tllnt it has no juril'ltliction o'\·e1· :my contest filed by anyone claiming the scat from tllt' W'n•ntll congressional uistrict of Penu~yl>auin in tlle Sixty-third Con­gress. Upon a cnreful eonsiuerution of the p:iver in the natnrc of a memorial filed. l>y i\Ir. Bonniwell an<l otller puper · <l1Hl eYi· clcncc tl.J.erewHll the colilllli ltee report tllnt there is nothing shown or nllegeu against Tl.J.omns S. Bmler wlli('l1 tlis11nnlitil'.' him from holding his eat in tbe Sixty-second Uong1·es:.

The committee therefore reconuueml:-; tlle adoption of th fol­lowing rc1'olution:

Rcsoli:ed, Thut tho mrmorinl of Eugrn<' G. Bonniwell ng-nin!;t Thomns ... Butler, datrd Dcceml> r 14. l!H2, and a<11ll' :-::-:cd to an1! filHl with the i-!rlen.ker of this IIousc>, IJc laid upon tlrn tal>Ie.

ME:\IORIAL SERVICE JN 'flIF. SEN.\TE.

The SPE~\KEil.. The llour of 10 minute.· of 12 lwdn~ ani\·<.'(1, tlle House will proceed to the Senate Chamber.

Tll rcu1)on the Members of the IIoui:;e, 11reC'<.'(lc<l hy the S0rgeant al ~\rrns an<l the Sp n.ker, procee<lod to 1lw ~<.'11a le Chnm!Jer.

AL 2 o'cloc:k and 3:-i minute>.· p. rn. 1 he ::\kmht•r:-i rcturm•ll, :11Jl

.Ht IIou!:le "·ns ca lieu to order by the ~peaker.

3222 00.r'G-P~SSIONAL REOOltD-· HOUSE. FEBRUARY 15 '

LF.A IB OF AilSZXCE.

B.v- Tinnnimous consent, len.1e of nlJseuce wns granteu to Mr. J. M. C. SMrTn, for 10 uays, on ucconut of important business.

ADJOUR~::U:E~T.

.:\[r. FITZGlIBALD. 1\Ir. Spealrnr, ns a fnrthE>r mnrk ot respect to t.he memory of the late Vice PreJO·iU.ent SHEIDI.A.N, .t morn tllat the Honse do now adjourn.

The motion wu s agreed to; and nccon1ing1y (at 2 o'clock and 8() minntes p. m.) the Honse n<.ljourne<l until to-morrow, Sau­t1~1y, February 10, 1913, ut 12 o'clock noon.

I'IS:ECUTIYE C011BIUXICATIO.;.. ~s. "GllLlN cln.u.~e ::! of Rule X.."XIY n lett0 r from the Secretnry of

'':Hr, transmitting :with u letter from thc ·Ohief of Engineers :re­port of examination on the water Aupply of the District of 100-lnmLin nnd the arnilabllity of tile water power nt Great F.nlls, Potomnc River, for supplying light nnd JlO\n~r for the use of tile l :Luited .~tntes and tl.le District of Coltunbin. (H. Doc. No. 14.-00), wi1R taken from the Spcake~·s tnl>lc, referred to Hie .c. rnmittee on Appropriation , unu oruerecl to ue prlutea. with illustrations.

REPOnTs OF OO:;\DII'l'TI.JES O;. ~ re.ELIO BILLS A~ TD Ill~SOI1UTIOXS.

Unucr clause 2 of Un1e .. ~III, bills untl rc~olutians wr.re i::cr­cru11y reported from committees, de1i \Creel to U1e Clel'k and rcfcn-eu to tlle several cu.lcuclarFl therein 1rnmc<1, ns follows:

Mr. STEETI\1ERSOX, from tlle Committee 011 the PQst Office n.nt1 Post ltoa<ls, to which was referrP<l tlle JJHl of tlle IIouHe (II. Res. 800) requesting inforruntion of the President as to pru.ctica.l.lility of e.~teuiling a 2-cent letter postnge rate similar to that in force with Great Britain and GcrnL.'lny to onwr Euro_penn countries ucsi1'ing same, reported the same without amenclmeut, nccom-1m11 ied by n report (.i:To. 1:J21), ·which :·mill bill au<l revo1t :were rcferre<l to the I:Ion ·e Ca1enclar.

ilr. BUR "ETT. fi'Olll tlle Committee on P.uhlic Buildings nn<l Grounds, to which wus referretl sunth•y 11ills of the House, re­ported in lien thereof the bill (II. R. 287G6) to iucreaAe the limit of cost of certain lllllilic lmilt1ings; to antborize ilic en­Jnrgement, extension, remodeling, or :irnpron~ment of certain public buil(lings; to nutllorize the erection nnd completion of 1111hlic buildings; to authorize the purch:rne of site for puhlic huiltlings; and for otller pur:voses. ac om11anietl by n reyort (.r~o. J::J!!.2). -which so.ill hUl nu<l report were nofcrred to the Commit­tee of tlle Wllo1e House on tlle slnte of the l!nion.

PUllI.1IC BU.LS, RESOLUTIO. 'S, .L\:0:D ~IK\IORBLS. t:nuer cluu~e 3 of Ilule XXII, bills, resolutions, and mcmorinJs

WP.re introclnced nncl severally re:fer1·n<l. ns follows: Uy i\Ir. BURNETT: A bill (H. R. 2 7GG) to increa e the limit

of cost of certain pnlJllc builcUng ; to nnthorize the en1ru·gement, extension, remocleling, or impro\emcnt of ccrtnin public build­ings; to :rnthorize tl1e erection nnd completion of pnlJ1ic builclings; to :rnlliorize the pmcllnse of sites for publi'· lrni1<1ings; :mu for other purposes; to tbe Committee of tlle -whole Ilom;c on the state of the Union.

i\Ir. STEPHE;..TS of Te~ns: A bill (H. R. 2. 707) to proviUc for the purchase of n ite nnd the erection of n public lrnilillog thereon at Bowie, State of r.rcxas; to tllc Committee on Public Buildings and Grounds.

Dy Mr. HARRIS: A bill (H. R. 2SiGS) for the relief of the State of .:\Iasimcllu, ett ; to the ommittec on Claim~.

By Ur. BERGER: Joint resolution (H. J. nes. 401) to acquire ruilronus on tile ground of great public emergency nn<l l>y llie ri"ht of eminent <lomain; to the Committee on Lal>or.

PRIY.\.TE BILLS A.Lm RESOLUTIONS. llndcr t.:lnu~e 1 of Rule XXII, primte bills a.ncl re-. olutions

W<'l'e iutrotlucecl nnd sc\erully referred :as follows : Hy .dr. AUSTL. .... : A bill (H. IL 2810!)) for the relief of .Jose1lh

Bin.ck; to the Committee on Cla i.ms. Dy rlr. BYR .. .'S of '.rennes11ce: .\ !)ill (H. 111. 2S'i'i0) to com­

pemate the Nashville Trust Co., of Nnshville, Tenn., trustee tmde-r tlle will of E . ·w. Co1e, <leceasc<1, for dtlll1n.ges to n build-1n~ sitnntccl on the corner of Union Street and Fourth Avenue 11ortb, in Nashville, 'l'enn .. anu known us the Cole BuHding, as the re, ult of a hl11st iu irnproYing the elmnnel of the Cum­lJerlaud IUvcr by n Unitetl Stnte. Government boat on Mon­c];1y. August 13. 1012; 10 the C@unittce on Clnims.

R\· :;\[r. CARY: A ldll (IT. H. 2 771) ;?:routlug a pension to Kate Lynell; to tl!e ( \•mmittr.<' (JU Im·ttli<l ren. ions.

Uy :\fr. LL 'E: .\ uill (II. n. !:!S'i7:2) grunting an incrense of pen}: ion to Oli ,.el' m~·strnw; to tlw Committee n I1n-n1icl P.cn­siou.

By l\Ir. SMITH of .1.. ~ew XorJ·: A l>iU (LI. R. 28773) grnuti11g nn lncrenae of pen:-:ion to Albert Lacy; to the Committee on 111-valiU Pensinns.

PIITITIO.:. ·_s, ETC . T 1dN dm1se i1 of Rule XXIT. J}etitlrnu;; nrnl pnper1-; wt•rf! 1:1 i<l

on the Cleric's cfoKk nncl i:clen-ctl us iollmn~: By .l\Ir. EYIL '£ of Tenne~see: Pnpe-r~ to nr<.:ompauy l>iH to

compen. nte the i ·ash\·itlc 'l'rust Co., :.. ·ai-:lnJlle, 'l'cuu.; to the Committee on Claim;:'.

B.r .:\Ir. C.lUY: Petition (If I.:nac Jlrooty & Co., Spe1wer, l\fas'l., protesting ngnin. t nnr re11u(·Lion of tlrn prf'sent tnritI on leather nu<l shoes; to the Committee 011 ·'V:;:n:; nHu :..Ue:u1s.

A.1-Ro, tit•tlLlon o.f Doxi1l L. ''"ill l:wH.:, Ifot Sprin~r::, R Dnk., f1n-orhlg the pHSi;r1ge of Je~li;Lt tion for raiRlng tlw :nlarit•s of the nR•istm1t surgt•ou:-i of the ..3J'lllY; to the Committee on ::\Iili­tnr~r .Hf:lirs.

Al o, IJITT1tiou of the Conl'nmf'rs' Leni;:ue of Vis:•ouHln, .Mil­wnukee, 'Vis., :fa:rnring 1lle puRf.:!1-!;<' of Hon::o:e '.'hill !!:i~H1. for llm­itl11g the bonrs of lauor for tlle womPu in Ule iD1strld of Uolmn­bin: to th~ Committee on the Di 'triet of Colnrnbln.

Also, pet.iUou of D . .J. :\Inckeuon, .IilwuukPe, \Vis., protesting :igni!rnt the pn~Rnge of the incomc-t<lX 11il11 flS reporletl before the IIonRe; to · tll~ Conn11ittt!e on "'ays .ancl ~!ennH.

Ah~o. J.otitiou of Arthnr Cou1111ission Co .. ~.rnwnukee., '·is., farnriug the pns:'l:tge of le~i<-•Jation strlkin~ out tlw d:rnr.c ex­empting from iuR11e<:tion ·ment - ~lnnghtcr~t1 Ly a f:11·rner on 1lte form for trm1"4por.1:ntion in interf>t:1te c:omrne:rc..-.e; to the Cuunuit­tee on Intcrstn tc and 1"ol'eign C01nmc1·oe.

AJso, 11 tilion of' 'l'op Improv:ement Uonunltt~C!, Cllicngo, TU., rolnti .·e to U1c rng~ n.nd J,ever l>il1s for improving the a~rkul­tnrnl irnlusti1-, a:nd -f>nggestJug 1m11roremeuts on i-;nmc; to the Committee on .Agricnlture.

By ~li:: . OfoUtK of r1i1oricln: ·rE·titiou (lf II. n. A.lhnn .nml YHri­ous other <:it.izens of OL'l1t1Hl11, l<1ln., f:lyoring tlle 11:u~s11gc of llon•e bill '.2~Gm, known :u-i tlJ.e ·CJ11yton limitation lJill; to the Committee on the Jutlicin1'y.

B:v .;.\fr. TIIUKL \ ·0 .... ; Pnper to ~H'N>lll}ia11y the hill ll. R . 28749, granting n pern:)ion to Jnnics W. ~oott; to the Committee on Invalid Pen. lonl"I.

lJ\r :;.\Ir. ]'OR~ TBS: Petition of th<' :i !ll<'l'!can Ta1•iff Proteetlvc ::tcngnf', i'cw York, .r·. Y., 1'.avo1•ing tbe re11t!lll of i::o<"'tion 2 of the Cana!lian reciprodty net mHl for prote ·tion of the imper und pulp irn.lustry; to the ConmiUtee on :\·ayi,; uu 'l i\[eanR.

AlRo, petition of the c11rnmher of Commercf' of the, tnt of :...Tew Yotk, :favoring tlle pu. ::iagr. of Senate hlll 8114, to prevent t1is­crirninntion in Pnnamn tons; to tlic Committee on IutcrRtatc and Foreign Commerce.

By ::\fr. FULLER: Petition of Thr·mns Gelbert IlillITT'·nr, New York, N . Y., fa\orJng tlle pa. sage of Honse bill l;}:JO, to jncr nsc the pension of vetcrnns f tllo Ch'il 'Vnr \Yho Jost nn fil'lll or leg; to Urn Committee on Invnli(l Pensions.

Also, petition of the llJiuois 1'fauufnctmin~ As:;:oclntion. Clli­cago, Ill., faT'oring the pnsF\nge of legislation for the estnbllsh­ment of n tariff comllliHion to nill l 'ongrc;;;s iu tariff 1egi!'1n­i.ion; to Uic Conunittee ou , :\'nr.'l nrn1 :\len.nR.

Al Ro, petition of the Cllamb('l' of Commerce of tlrn Stn.te of New York, fa\oring the pnssuge of SPnnte Lill 811.J.. to 1irevent <liscriminn.tion in the Panama toll:·; to tho Committee ·OU Ju~ terst::ite an<l Foreign Cmruucr<:c.

Ily i!r. GilIBST: Petition of t.lw pnlrJotlc or<.lcrs of J.nncas­ter, Pa., favoring the rPa~sugc of !Jill (H. R ·:..?G:J37) to u.utborlzo tbe uonntion of n cmHlemnecl cnnnon to the city of Lancnslcr, Pa., for n memorial in honor of the Spnni. ·h. 'Var Yeteraus of Lancaster· to tbc Committee on • Tl1itnry .Affrurs.

Also, petition of Lieut. D. II. :N.issley Cn~p, No. 74, Sons of Veterru1A, l\Iount Joy, Pn., nnll I,1cnt. Dny1(l II. Nlsslcy Post, No. 478, Gmnd Army of the Republic, faxoring the pnsi;1ngf! of bill (H. R. .20G74) to c.1onnte two comlr.mnecl cunnon to Post No. 478 l\Ionnt Joy, Pa.; to the Committee on Mllitnry .Affairs.

By ::Ur. l'I.-.\NX: Potition of the Illinois :.\fannfactming Asso­clntion Chicago Ill., fa\"'oriug Ole passage of legi:illnUnn to cs~ tn.blish, n. tnrtfr ~rnmis.siou to uiU Cong11e~s in tariff legislation; to the Committee on Ways uncl .lien.ni;1.

.AlFto, petition of the Illiuoh; • n.nnfactnring Aflsocintlon, Chi­cngo, Ill., favoring the pnmmge of 1e~isln.tlon for the cstal>Ush­mcnt of a nutlonnl clraiunge arnurni.:~1011; to the Committee on .Irrigation of Arid Lands.

By .Mr. MOTT: Petition f the Chnmlter of ~ommmce of the State of New Y-ork, .favoring 1.he pn s1.1.~e of ~cuate lii_ll 8117. to pre~cnt (liscrimiuntlon in Pantunn. Cnnal toll. ; to he l'omlll1tt<w on IuterRtate ru.J.tl Fm·eirm Commerce.

Also, petition of .ilmcrienn Tnriff ·J'rot~di n:• T,('a,C:\lP, ~: •\\' York, N . Y., fnvorin~ the l'CJWlll of. 1:1<•eUu11 ~ of tlw r'u1~ntlhrn reciprocity net nnd for r•rot <:tiou c•f t!w f!ll)il'l' mu1 vulp m du3-try; to the Coruruittec on ;n·~1ys nml :\Iem1:-<.

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