pendent. Among minor amendments | exemption (the caucus had refused to was one which reduced the salaries of the commissioners to $7,500 and another which substituted for the permanent annual appropriation of $300,000 a single appropriation for the first year. The House bill, after being revised by the Democratic members of the Senate Finance Committee, was subjected to further modification by the Democratic caucus and finally reported to the Senate on Aug. 16. The new features of the bill included: a surtax of 11 to 13 per cent. on incomes over $1,000,000; an increased inheritance tax of six to 10 per cent. on estates between $1,000,000 and $5,000,000; an increase of the munitions tax to 10 per cent. and its application at half that rate to materials used in producing munitions; a corporation stock license tax of 50 cents for each $1,000 of capital, surplus, and undivided profits above $99,000; the postponement of the tax on dyestuffs until after the war; and a clause empowering the President to place an embargo on the admission of articles | from foreign countries when similar articles produced in the United States are not permitted to enter those countries. This clause was apparently directed against the action of the Entente Allies in excluding certain articles designated as luxuries during the period of the war. sanction such a change when proposed by the Democratic members of the Finance Committee) also failed; the vote was 31 to 19, the minority including five Democrats. The only important changes made by the Senate were in the nature of retaliatory measures directed against the Entente Allies (see also III, International Relations). The first of these provided that where a foreign belligerent, during the existence of a war in which the United States was not engaged, discriminated against any American products, the President should have power to prevent the importation of similar articles into the United States. A second clause empowered the President to refuse clearance papers to any belligerent merchantman refusing to carry American goods unless and only because of lack of cargo space, and imposed heavy penalties for any attempt to sail without such papers. A third clause empowered the President to refuse the use of the mails and of telephone, telegraph, wireless, cable, and express facilities to the citizens of any belligerent countries which should interfere with American mails or withdraw commercial privileges. A fourth clause prohibited the importation through any foreign country, except when bound for an American port, of any fish taken in the North Pacific or its tributaries. The bill passed the Senate on Sept. 6, after a continuous session of 14 hours. The vote was 42 to 16. The Democrats, supporting it solidly, were joined by five Republicans-Clapp (Minn.), Cummins and Kenyon (Iowa), La Follette (Wis.), and Norris (Neb.). During the course of the debates Mr. Underwood (Ala.) made persistent efforts to secure modifications in the bill. Declaring at the outset that he would not be bound by the decisions of the party caucus (it was technically termed a conference), he came into conflict with several Democratic leaders, particularly Mr. Stone In the main the conferees accepted (Mo.). "Of course," the latter re- the Senate's changes. But they elimimarked, "a demagogue cannot be dra-nated the third and fourth retaliagooned. The position taken by the Senator from Alabama makes the Democratic caucus worse than useless." Mr. Underwood was especially opposed to what he termed "Republican tariff legislation"; but as only six Democrats joined him in his attack upon the dyestuffs duty, it was retained by a vote of 43 to 7; and the provision for a Tariff Commission was retained by a vote of 55 to 5. His effort to reduce the income-tax tory measures just described; fixed the munition manufacturer's tax at 121⁄2 per cent. of net profits, the same rate applying to materials used in producing munitions; and allowed the $4,000 income-tax exemption to apply not only to married persons but to heads of families as well. President Wilson signed the bill on Sept. 8. The detailed provisions of the bill are described elsewhere (see XIV, Public Finance). for independence at some indefinite | interests, resolved to prevent the pastime, "as soon as a stable government sage of the bill by resorting, if necescan be established." sary, to a filibuster. In view of their determined stand the Democratic caucus dropped the bill from its pro The conference report was adopted by the Senate on Aug. 16, the vote being 37 (all Democrats) to 22 (in-gramme of imperative legislation and cluding one Democrat); and by the decided to hold it over till the next House two days later, the vote being session. But at this juncture the in34 to 29. President Wilson, signing fluence of the Administration was the bill on Aug. 29, described it as brought to bear; and the caucus, "a very satisfactory advance in our yielding to Executive pressure, reconpolicy of extending to them self-gov- sidered its action on July 25. ernment and control of their own af- The debate, which began on Aug. 5, fairs. It is only by such means that dealt mainly with constitutional quesany people comes into contentment tions. Mr. Robinson (Ark.) contendand into political capacity, and it ed that under court decisions the was high time that we did this act of power of Congress to regulate interjustice." (See also VIII, The Philip-state commerce was complete and abpines.) solute except as limited by the Constitution itself; that the only limitation was to be found in the Fifth Amendment, which imposed upon the Federal Government the same limitation which the Fourteenth imposed on the states; and that if the states could suppress child labor under their police power, Congress could do likewise under its commerce power. This argument was sustained by Mr. Borah (Rep., Idaho). The most persistent opposition came from Mr. Hardwick (Ga.) and Mr. Overman (N. C.), the latter going so far as to justify child labor as a means of keeping children out of mischief. Mr. Works (Cal.), supporting the bill on humanitarian grounds, nevertheless considered it unconstitutional. If the Supreme Court upheld it, he said, there would be no dividing line between the sovereignty of the states and the sovereignty of the nation. The Child Labor Act.-The passage of the Child Labor Act, marking as it did a new conception of the interstate commerce powers of Congress, must rank among the most significant achievements of the session. A similar measure, introduced by Senator Beveridge some ten years ago, had met with open ridicule; President Wilson had described it as "obviously absurd." Nothing could better illustrate the rapid growth of centralizing tendencies than the attitude now assumed both by the President and by Congress. As it passed the House on Feb. 2 the bill excluded from interstate commerce the products of mines, quarries, and manufacturing establishments into which proscribed child labor had entered; the minimum age for factories was fixed at 14 years and for mines and quarries at 16 years, while no child under 16 could be employed for more than eight hours a day. The final vote upon the bill was 357 to 46. The Committee on Interstate Commerce presented to the Senate a substitute measure. While retaining the same standards of age and hours, it excluded from foreign as well as interstate commerce not simply articles into which child labor had entered, but all articles produced in establishments employing child labor, change which would greatly simplify the enforcement of the Act. a Opposition in the Senate was more formidable than in the House. A group of Southern Senators, said to be acting in the defense of cotton-mill The bill passed the Senate on Aug. 8 by a vote of 52 to 12. The minority included two Republicans, Oliver and Penrose of Pennsylvania, and ten Democrats-Bankhead (Ala.), Bryan and Fletcher (Fla.), Hardwick and Smith (Ga.), Overman and Simmons (N. C.), Tillman and Smith (S. C.), and Williams (Miss.). After some delay the House accepted the Senate bill as recommended by the conferees. The President signed it on Sept. 1. (See also XV, Child Labor; and XVI, Labor Legislation.) The River and Harbor Appropriation Act.-Notwithstanding the certainty of an enormous deficit in the national finances, Congress appropri ated almost $43,000,000 for river and | mitted with instructions to reduce the harbor improvements (see also X, Waterways and Harbors). Many provisions of the Act were quite indefensible. Predicting that it would be the last measure of its kind to pass Congress, Senator Kenyon (Ia.) said: You are voting at least $20,000,000 into this bill that is absolutely unjustifiable. You are dumping thousands of dollars into streams where commerce is rapidly disappearing and into streams with less than a foot of water in them and into streams that you could not recognize as such when you crossed them.... The people are awakening to the fact that Fotes are cast in Congress very largely that reciprocity may follow fawning. amount appropriated to $20,000,000; Mr. Taggart (Ind.) moved that no part of the appropriations should be spent without the approval of the Secretary of War. Both amendments failed. After three weeks of debate the bill passed the Senate by a vote of 35 to 32, with seven Republicans supporting and nine Democrats opposing it, and the President signed it on July 27. The Armed Merchantmen Controversy.-Throughout the early months of the session controversies arising out of the European War attracted much attention and at times provoked spirited debates. Discussion ranged about two main issues, the injury to American interests through the British blockade and the propriety The House bill, passed on April 11 by a vote of 210 to 133, carried $39,600,000. Repeated efforts were made to modify or eliminate particular of warning Americans not to travel on items. Mr. Mann (Ill.), the Republi- the armed merchantmen of belligerean leader, proposed to reduce the agent countries. Trade restrictions ingregate sum to $20,000,000, but the cident to the blockade affected the original provisions were retained in cotton area of the South, and Senator every case. The Senate Committee Smith (Ga.), bitterly condemning on Commerce, while it added more British practices, urged retaliation in than $3,000,000 to the bill, struck out the form of an embargo on the shipan item of $500,000 for the deepening ment of arms and munitions to the of the East River and the approaches Entente Allies. More than a dozen to the Brooklyn Navy Yard, although Senators of both parties, including the President and the Secretary of O'Gorman (N. Y.) and Hitchcock the Navy had urged the necessity of (Neb.), actively supported this prothis improvement. Mr. Kenyon, in a posal; Mr. Kenyon (Ia.) presented a minority report signed by himself and monster petition in its favor. But Mr. Sherman (Ill.), declared that the those who sympathized with the cause money was being poured into "wa- of the Allies deprecated any such acterless streams and dry rivers." He tion while the more serious injuries advocated not only the adoption of a inflicted by Germany went unpunsubstitute bill authorizing the Secre- ished, Mr. Lodge (Mass.) declaring tary of War to spend not more than that an embargo would fall little $20,000,000 on the continuance of nec- short of an act of war and would be essary works, but also the establish- worth another million men to Germent of a river and harbor commis- many. The most notable defense of sion which would take the problems of the President's policy in this matter water transportation and flood control came from Mr. Williams (Miss.), out of politics. The sharp and specific who excoriated the Republicans for criticisms of Mr. Kenyon, his unspar- trying to force the President into ing attack upon items which the war with Mexico, where the outrages Army engineers had condemned, were had been committed by bandits, and not without effect. Several Demo- for trying to maintain friendship crats were equally outspoken. Al- with Germany in spite of the fact though the bill authorized the ex- that German outrages were penditure of $300,000 in his state, tioned by a fixed and determined polMr. Tillman (S. C.) denounced it as icy of the Government. An equally deliberate stealing from the Treas- sharp cleavage of opinion was maniury and expressed the hope that the fested in the House. The only action President would veto it. Mr. Husting which Congress took was to incorpo(Wis.) moved that the bill be recom-rate certain retaliatory measures in sanc the General Revenue Act (see supra; and III, International Relations). A serious conflict between the President and Congress seemed inevitable. Senator Stone, chairman of the Foreign Relations Committee, informed the President in a letter of Feb. 24 that the situation was such as to "excite a sense of deep concern in the minds of careful and thoughtful men. As much and deeply as I would hate to radically disagree with you, I find it difficult from my sense of duty and responsibility to consent to plunge this nation into the vortex of this world war." President Wilson replied immediately. He would do everything in his power to keep the country out of war; and since the Central Powers had faithfully kept their promises in the past, he felt confident that existing difficulties would be adjusted satisfactorily. But otherwise, we should, it seems to me, have in honor The controversy with respect to armed merchantmen reached an acute stage in the month of February and threatened to involve the President in a conflict with his party. On Jan. 18 the United States had informed the Entente Allies that, in its opinion, "any armament on a merchant vessel would seem to have the character of an offensive armament"; and the Central Powers, taking shrewd advantage of the situation, had announced that after March 1 they would treat armed enemy merchantmen as ships of war. Congress showed an unmistakable tendency to accept the view thus formulated by the Administration and practically applied by the Central Powers. The desire to avoid a rupture with Germany found expression in the proposal that American citizens should be warned against traveling on armed liners. But on Feb. 15 the Administration shifted its position. In a statement given to the press it declared that merchantmen had a legal right to carry armament for the sole purpose of defense and that the right of American citizens to travel on such vessels should not be impaired (see also III, International Relations). This declaration ran counter to the prevailing sentiment in Congress, and in view of the announced policy of the Central Powers it seemed to bring the country measurably near to war. Although the President conferred with Democratic leaders on the 21st and insisted that he should have a free hand in dealing with the situation, Congress showed no inclination to give way. Senator Gore (Okla.) introduced a resolution to the effect that American citizensed Mr. Pou, acting chairman of the should "forbear to exercise the right to travel as passengers upon any armed vessel of any belligerent power," and that no passport should be issued to any American citizen for the purpose of such travel. In the House Mr. McLemore (Tex.) introduced a resolution which requested the President to warn American citizens that they should refrain from travelling on armed belligerent ships and that any such travel in neglect of this warning would be at their own risk. Next day the President held a further conference with the Democratic leaders of the House. "We told the President," Speaker Clark said afterwards, "that the warning resolution would carry two to one, if we ever got a chance to vote." Up to this time the President had taken a determined stand against any action by Congress. But on Feb. 29, with dramatic suddenness, he request House Rules Committee, to secure an early vote on the McLemore resolution and to afford "an immediate opportunity for full public discussion and action upon it." Leaders of both houses, after conferring with the President, agreed to bring the_pending resolutions to a vote. The Senate acted on March 3. It did not vote on the original Gore resolution. The new strength developed by the Administration forces would have ensured its defeat. Senator Gore, in order to embarrass his adversaries, sub purpose of the McLemore resolution, had subordinated its own views to those of the President and recognized his right to deal with diplomatic issues. (See also The Presidential Campaign, infra; and III, International Relations.) The Immigration Bill.-The Immi stituted a new resolution. It pro- its overwhelming sympathy with the vided that the sinking by a submarine of an armed enemy merchantman without notice or warning would, if it resulted in the death of an American citizen, constitute a just and sufficient cause of war between the United States and the German Empire. The original preamble, though inconsistent with the new resolution, was re-gration bill which had been vetoed by tained. The Senate did not express President Wilson in 1915 (4. Y. B., itself directly on the issue. It tabled 1915, p. 400) was reintroduced by the resolution by a vote of 68 to 14; Mr. Burnett and favorably reported 47 Democrats (including Gore) voted to the House on Jan. 31. The bill in the affirmative, two (O'Gorman | provided for the exclusion of "all and Chamberlain) in the negative. aliens over 16 years of age physically The greatest confusion prevailed; capable of reading, who cannot read there had been no opportunity to dis- the English language or some other cuss the amended resolution; and a language or dialect"; the exclusion dozen Senators afterwards considered of Hindus and of persons incapable it necessary to explain their attitude. of becoming naturalized, unless othThe President's policy had been erwise provided for in treaties, conneither condemned nor vindicated; ventions or agreements; an increase but it had been left in his hands with- from $4 to $8 in the head tax; out interference from the Senate. On and a more severe penalizing of the real issue party lines did not hold. steamship companies for transporting After the vote had been taken Mr. undesirable immigrants. Sentiment Clarke (Ark.) declared that the Ad- in favor of the bill was strengthened ministration had never been neutral, by the fear of enormous immigration that its every act had shown favor to after the war. On March 27 the the Entente Allies; on the other hand House sustained the literacy test by Mr. Borah (Rep., Idaho) gave his full a vote of 225 to 82; and two days support to the President throughout later it passed the bill by a vote of the debate. 308 to 87. In the House delay was occasioned by the temporary absence of many Democrats and by the insistence of Mr. Kitchin, the floor leader, that a direct vote should be taken on the McLemore resolution. The Rules Committee was opposed to a direct vote, and it brought forward a special rule which excluded amendments, limited debate, and submitted a motion for the tabling of the resolution. On March 7 three votes were taken. The House first of all adopted the previous question shutting off debate on the rule, the vote being 256 to 160; then the rule itself, by a vote of 272 to 137; and finally the tabling motion, by a vote of 276 to 142. The majority included 182 Democrats, 93 Republicans, one Progressive; the minority, 33 Democrats, 102 Republicans, five Progressives, and one Socialist. The President drew his main strength from the Atlantic seaboard. For him it was a substantial victory, because the House, notwithstanding The clause excluding Hindus and persons incapable of naturalization was directed against Orientals generally. It excepted cases regulated by agreements such as the Root-Takahira agreement which prevented Japanese coolies from entering the continental United States. But the Japanese Government, having adhered honorably to the agreement, regarded the language of the bill as offensive and made representations to the State Department. Influenced by this protest, the Senate Immigration Committee amended the clause on May 16; it proscribed Asiatic immigration from an area bounded by lines of latitude and longitude not embracing Japan. On July 31 the Democratic caucus decided not to consider the bill until the next session; and although on Aug. 21 ten Democrats voted with the Republicans in favor of consideration, next day, when the President indicated that he would veto the bill, five of them reconsidered their action |