Evening journal., 1913-03-08


the Senator from Kansas yield to the
Senator from Florida?
Mr. Bristow. ! do.
Mr.. Fletcher. The Senator from
Kansas suggests that he is advised !
as to the attitude Of the Secretary Of I
War being different from that lndi- /
Gated by the Senator from Virginia
(Mr Swanson) The letter OF the
Secretary OF War is attached TO the
report. In Il, after referring TO the
case. he says:
came 70 the conclusion that
the court i'm sentencing these
cadets was probably influenced by
the mistaken construction that
under article 1872 OF the Regula-
tions OF the Military Academy,
under which these cadets we're
tried. q penalty Of dismissal was
mandatory instead OF discretion
AIRY with the court.
Then he proceeds to say that after
! conference with the President he gives
his assent 10 the resolution That Is
his statement which, as | have said,
is attached TO this report.
Mr. Bristow MIR. President, OF
course do not care to go into discus
sion of the merits of the case. About a
year ago. as | remember, when il was
discussed, looked into IL, though
have not followed II very carefully
since; but the Senator from Virginia
Is appealing in behalf Of this case be-
cause he says Il is the last chance.
The bill passed the Senate; II went
TO the other House II has been there
for months; and now the Senator
holds that, because the other House
has not passed this bill, t is a gross
injustice because the Senate refuses
to violate its rules and put Il on an
appropriation bill The responsible
ity for the failure OF that legislation.
II II fails, is with the House OF Repre-
sentatives.
Mr.. DUPONT Mr.. President---
The President pro tempore. Does
the Senator from Kansas yield to
the Senator from Delaware?
Mr. Bristow. | do.
Mr. DUPONT My information Is that
the bill has been held up in the House
of Representatives by a single indi-
! vidual. who Is able TO do so under the
! antiquated rules which obtain there.
That Is the reason the legislation has
T not been passed II Il Is not the ac-
ton OF the House OF Representatives,
but il is the action Of a single indi-
vidual, a single Member Of that body
The President pro tempore. The
b Chair would caution Senators as 10
I: the rule regarding illusions TO the
! other House.
! Mr.. DUPONT ! do not wish to make
/, any dlsrespectful allusion The only
commentary ] made upon thir rules
was that they were antiquated vii
, withdraw the word; but the fact Il
that a single individual, under th'
= rules of that House. can hold up tn
- consideration Of any measure if il 4
disposition 10 do so
Mr.. Brandegee How does that dii
. fer from the situation in the Senator
The President pro tempore. Tn
y Chair feels IT incumbent upon him I
= make a further observation as to IN
', procedure. When the bill referred {
- was before the Senate the present O,
a cupant OF the chair spoke brief
ye against Is and voted against n. IN
id present occupant OF the chair has NJ
ne changed his mind in regard 10 n
of bill. For that reason he gave III
at Senator from Kansas (Mr Bristow)
ye rather unusual opportunity 10 repe;
IL his objection having with great d'
D. liberation put the motions that wer
to put. and which eliminated in III
in agreement to tho amendment
b. Mr. Bristow. Mr.. President d,
C. sire TO state further that because {
y my attentions being diverted by dii
forent Senators who came TO my des
ls and we're talking to me about IN
~ case, I did not hear the statement {
y the Chair and ] did not know that tn
"a amendment had been offered. SUI
~ posed that the amendment under COZ
:. sideration was a different amendmer
m from the one offered as in Committe
40 Of the Whole. ! do not think that an
IA blame can he attached to me. for !
r not think that my conduct in this cas-
m has been different from that OF an
OF other Senator upon the floor. Whe
IN a Senator comes 10 my desk ! try
,h listen TO him with attention and cou
er tesy. I did so in this case. and II a
)n advantage Is to be taken Of a Senate
in this way. | want TO enter my pr
he test. II is unusual il is not Gu
o. tomary. Nobody would resent IL moi
OF violently than would the Senate
ng from Virginia (Mr Swansonl n n
r. conditions had been changed: and
I'M for one will say that would not tai
advantage OF the rules OF the Sena
II he were in my position and I we
en- in his
IN Mr.. Paynter. Mr.. President, vi
'u- the Senator from Kansas permit n
vi TO interrupt him?
om The President pro tempore Do
he the Senator from Kansas yield TO Il
- Senator from Kentucky.
"a Mr.. Bristow. I do
ho Mr.. Paynter. want TO make OF
~, statement which I omitted to nal
n when ! was on the floor a nome
,ve ago. in view Of the fact that the attic
Elf tion Of the Senator from Kansas W
diverted from the consideration
a this question, because / know il W
led by reason. In part. OF my convers
ing ton with him The statement / wi
in to make, however. is that neither Z
de- Senator from Virginia (Mr. Swanson
of the Senator from Florida On
sct. Fletcher). the Senator from Alabar
Of (Mr. Johnstonl, or the Senator frC
ink Delaware (Mr. duPont or any 9th
YER member OF this body knew that I "
un- going to discuss the question with
his Senator from Kansas or to appeal
Ieir him 20 withdraw his point of ord
and The only Senator who could hs
not known It, other than the Senator fr'
ec- Kansas. was the Senator from De
me- ware. when he approached the Sena
De from Kansas and made the same k
OF OF an appeal as did l. After that v
done the Senator from Delaware
tne preached his seat. and as | left