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Charles E. Zink, Sterling.
Floyd M. Ritchie. Table Rock.
Carl Carlson, Valparaiso,

NEW JERSEY

Wilson S. Frederick, Dunellen.

NORTH CAROLINA

Thomas S. Keeter, Grover.
James W. Stanton, La Grange.
Joseph B. Sparger, Mount Airy.
Frank Dudgeon, Pinehurst,
Benjamin F. Griffin, Pinesville.
John N. Powell, Southern Pines.
John M. Sharpe, Statesville.

OHIO

Wilbur R. Meredith, Painesville.

PENNSYLVANIA

William H. Harper, Avondale.

Calvin E. Cook, Dillsburg.

Joseph S. Gillingham, Lincoln University.
Margaret V. Roush, Marysville.

S. Charles McClellan, Mifflin.
George A. Hill, Newtown.

VERMONT

Casper W. Landman, South Londonderry.
Lester K. Oakes, Stowe.

Claude C. Duval, West Burke.

Trygve Lien, Stanwood.

WASHINGTON

Robert J. Robertson, White Salmon.

WISCONSIN

Charles L. Calkins, Rhinelander.
Charles E. Sage, Wild Rose.

WYOMING

Benjamin G. Rodda, Gebo.

HOUSE OF REPRESENTATIVES

THURSDAY, May 17, 1928

The House met at 12 o'clock noon.

The Chaplain, Rev. James Shera Montgomery, D. D., offered the following prayer:

We would say. Still! still! with Thee O Father of mercies! The hand that holds the earth, the sky, and the sea is the same that holds all earthly children in its palm. This new day finds us unafraid, and may we come to it with renewed vigor. Keep before us life's richest vocation and heaven's highest attainment. On the altars of our hearts make steadfast the sacred lights of faith, hope, and charity, and may they burn there with a quenchless flame. O let Thy blessing, so abundant, so free, and so divine, abide with all who are associated with this Chamber. Be with our families and all our earthly loves. In that solemn, silent moment when earth and time yield to heaven and eternity, may the golden light break from behind the everlasting hills. Amen.

enlisted personnel of the Army, Navy, Marine Corps, Coast
Guard, Coast and Geodetic Survey, and Public Health Service";
H. R. 5826. An act authorizing the Secretary of the Navy, in
his discretion, to deliver to the custody of the Louisiana State
Museum, of the city of New Orleans, La., the silver bell in use
on the cruiser New Orleans;

H. R. 5930. An act for the relief of Jesse W. Boisseau;
H. R. 6152. An act for the relief of Cromwell L. Barsley;
H. R. 6195. An act granting six months' pay to Constance D.
Lathrop;

H. R. 6842. An act for the relief of Joseph F. Friend;

H. R. 6854. An act to add certain lands to the Montezuma National Forest, Colo., and for other purposes;

H. R. 7142. An act for the relief of Frank E. Ridgely, deceased;

II. R. 7895. An act for the relief of the Lagrange Grocery Co.; H. R. 7897. An act to ratify the action of a local board of sales control in respect of contracts between the United States and the West Point Wholesale Grocery Co., of West Point, Ga.; H. R. 7898. An act to ratify the action of a local board of sales control in respect of contracts between the United States and the Lagrange Grocery Co., of Lagrange, Ga.;

H. R. 7903. An act to authorize the erection at Clinton, Sampson County, N. C., of a monument in commemoration of William Rufus King, former Vice President of the United States;

H. R. 8031. An act for the relief of Higgins Lumber Co. (Inc.);
H. R. 8440. An act for the relief of F. C. Wallace;

H. R. 9046. An act to continue the allowance of Sioux benefits:

H. R. 9355. An act to provide for the acquisition of certain property in the District of Columbia for the Library of Congress, and for other purposes;

H. R. 9620. An act for the relief of E. H. Jennings, F. L. Johanns, and Henry Blank, officers and employees of the post office at Charleston, S. C.;

H. R. 9965. An act to erect a tablet or marker to mark the site of the Battle of Kettle Creek, in Wilkes County, Ga., where, on February 14, 1779, Elijah Clark, of Georgia, and Colonel Pickens, of South Carolina, overtook the Tories under Colonel Boyd, killing him and many of his followers, thus ending British dominion in Georgia;

II. R. 10503. An act for the relief of R. P. Washam, F. A. Slate, W. H. Sanders, W. A. McGinnis, J. E. Lindsay, and J. T. Pearson;

H. R. 11405. An act to acquire an area of State land situate in Lassen Volcanic National Park, State of California, by exchange; H. R. 11621. An act to authorize the Secretary of the Navy to advance public funds to naval personnel under certain conditions;

H. R. 11724. An act to provide for the paving of the Government road, known as the Ringgold Road, extending from Chickamauga and Chattanooga National Military Park, in the State of Georgia, to the town of Ringgold, Ga., constituting an approach road to the Chickamauga and Chattanooga National Military Park;

II. R. 12067. An act to set aside certain lands for the Chippewa Indians in the State of Minnesota;

H. R. 12192. An act authorizing the Secretary of the Interior to accept a deed to certain land and issue patent therefor to the

The Journal of the proceedings of yesterday was read and city of Buhl, Twin Falls County, Idaho; approved.

MESSAGE FROM THE SENATE

A message from the Senate, by Mr. Craven, its principal clerk, announced that the Senate had passed without amendment bills and a joint resolution of the House of the following titles:

H. R. 4012. An act for the relief of Charles R. Sies;

H. R. 4660. An act to correct the military record of Charles E. Lowe:

H. R. 4687. An act to correct the military record of Albert Campbell;

H. R. 4839. An act for the relief of the Press Publishing Co., Marianna, Ark.;

H. R. 5322. An act for the relief of John P. Stafford ;

H. R. 5548. An act to authorize payment of six months' death gratuity to dependent relatives of officers, enlisted men, or nurses whose death results from wounds or disease not resulting from their own misconduct ;

II. R. 5644. An act to enable an enlisted man in the naval service to make good time lost in excess of one day under certain conditions;

H. R. 5718. An act to amend the act entitled "An act to readjust the pay and allowances of the commissioned and

H. R. 12446. An act to approve a deed of conveyance of certain land in the Seneca Oil Spring Reservation, N. Y.; and

H. J. Res. 263. Joint resolution authorizing the president and fellows of Harvard College to erect on public grounds in the District of Columbia a monument to Maj. Gen. Artemas Ward. The message also announced that the Senate had passed, with amendments in which the concurrence of the House of Rep resentatives was requested, bills of the House of the following titles:

H. R. 3470. An act granting relief to Halvert S. Sealy and Portens R. Burke;

H. R. 4920. An act authorizing the Secretary of War to award a Nicaraguan campaign badge to Capt. James P. Williams, in recognition of his services to the United States in the Nicaraguan campaign of 1912 and 1913;

II. R. 5897. An act for the relief of Mary McCormick; H. R. 6518. An act to amend the salary rates contained in the compensation schedules of the act of March 4, 1923, entitled "An act to provide for the classification of civilian positions within the District of Columbia and in the field services"; H. R. 6569. An act for the relief of Frank Hartman; H. R. 6908. An act for the relief of Michael Ilitz:

H. R. 7373. An act providing for the meeting of electors of President and Vice President and for the issuance and traus

mission of the certificates of their selection and of the result of their determination, and for other purposes; and

H. R. 13511. An act granting pensions and increase of pensions to certain soldiers and sailors of the Civil War and certain widows and dependent children of soldiers and sailors of said war.

The message further announced that the Senate agrees to the amendments of the House of Representatives to the amendments of the Senate numbered 46 and 52 to the bill (H. R. 12286) entitled "An act making appropriations for the Navy Department and the naval service for the fiscal year ending June 30, 1929, and for other purposes."

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

S. 126. An act for the relief of May Gordon Rodes and Sara Louis Rodes, heirs at law of Tyree Rodes, deceased; S. 200. An act for the relief of Mary L. Roebken and Esther M. Roebken;

S. 1364. An act for the relief of R. Wilson Selby;

S. 1618. An act for the relief of Margaret W. Pearson and John R. Pearson, her husband;

S. 1633. An act for the relief of Edward A. Blair;

S. 1976. An act for the appointment of an additional circuit judge for the second judicial court;

S. 2149. An act authorizing and directing the Secretary of Agriculture to investigate all phases of crop insurance;

S. 2440. An act to provide that four hours shall constitute a day's work on Saturdays throughout the year for all employees in the Government Printing Office;

S. 2482. An act for the relief of the White River, Uintah, Uncompahgre, and Southern Ute Tribes or Bands of Ute Indians in Utah, Colorado, and New Mexico;

S. 2572. An act granting certain land in the town of Hot Springs, N. Mex., to the State of New Mexico;

S. 2792. An act revesting title to certain lands in the Yankton Sioux Tribe of Indians;

S. 3127. An act to amend section 217, as amended, of the

act entitled "An act to codify, revise, and amend the penal laws of the United States," approved March 4, 1909;

S. 3327. An act for the relief of Robert B. Murphy;

S. 3427. An act authorizing the Secretary of the Navy to make readjustment of pay to Gunner W. H. Anthony, jr., United States Navy (retired);

S. 3690. An act to correct the military record of Harlie O. Hacker;

S. 3692. An act to amend the act entitled "An act to readjust the pay and allowances of the commissioned and enlisted personnel of the Army, Nary, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service," approved June 10, 1922, as amended;

S. 3694. An act regulating juvenile insurance by fraternal beneficial associations in the District of Columbia;

S. 3844. An act amending the fraternal beneficial association law for the District of Columbia as to payment of death benefits;

S. 3848. An act creating the Mount Rushmore National Memorial Commission and defining its purposes and powers;

S. 3867. An act to provide for the extension of the time of certain mining leases of the coal and asphalt deposits in the segregated mineral land of the Choctaw and Chickasaw Nations, and to permit an extension of time to the purchasers of the coal and asphalt deposits within the segregated mineral lands of the said nations to complete payments of the purchase price, and for other purposes;

S. 3868. An act authorizing an advancement of certain funds standing to the credit of the Creek Nation in the Treasury of the United States to be paid to the attorney for the Creek Nation, and for other purposes;

S. 3881. An act to provide for the paving of the Government road, known as the Dry Valley Road, commencing where said road leaves the La Fayette Road, in the city of Rossville, Ga., and extending to Chickamauga and Chattanooga National Military Park, constituting an approach road to said park;

S. 3942. An act for the relief of Maj. Charles F. Eddy; S. 3949. An act to amend section 10 of an act entitled "An act to provide for stock-raising homesteads, and for other purposes," approved December 29, 1916 (Public, No. 290, 64th Cong.);

S. 4063. An act to amend certain sections of the teachers' salary act, approved June 4, 1924, and for other purposes;

S. 4085. An act to prevent professional prize fighting and to authorize amateur boxing in the District of Columbia, and for other purposes;

S. 4187. An act for the relief of Con Murphy;

S. 4231. An act to authorize a per capita payment to the Pine Ridge Sioux Indians of South Dakota;

S. 4234. An act authorizing the purchase of certain lands by John P. Whiddon;

S. 4309. An act to authorize the Secretary of Commerce to dispose of a certain lighthouse reservation and to acquire certain land for lighthouse purposes;

S. 4327. An act to relinquish the title of the United States to land in the claim of Seth Dean situate in the county of Washington, State of Alabama ;

S. 4344. An act granting the consent of Congress to the State Highway Commission of Arkansas to construct, maintain, and operate a bridge across White River at or near Clarendon, Ark.; S. 4345. An act authorizing the Interstate Bridge Co., its successors and assigns, to construct, maintain, and operate a bridge across the Missouri River at or near Kansas City, Kans.;

S. 4346. An act to authorize an appropriation for the purchase of certain privately owned lands within the Fort Apache Indian Reservation, Ariz.;

S. 4353. An act authorizing Huntington Clarksburg Bridge Co., its successors and assigns, to construct, maintain, and operate a bridge across the Kanawha River at or near Winfield, Putnam County, W. Va.;

S. 4357. An act authorizing Henry Horsey, Winfield Scott, A. L. Ballegoin, and Frank Schee, their heirs, legal representatives, and assigns, to construct and operate a bridge across the Des Moines River at or near Croton, Iowa;

S. 4381. An act authorizing H. A. Rinder, his heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across the Missouri River at or near Niobrara, Nebr.;

S. 4401. An act authorizing Elmer J. Cook, his heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across Bear Creek at or near Lovel Point, Baltimore County, Md.;

S. 4402. An act authorizing the Secretary of the Navy to assign to the Chief of Naval Operations the public quarters originally constructed for the Superintendent of the Naval Observa

tory, in the District of Columbia;

S. 4441. An act to amend the laws relating to assessment and collection of taxes in the District of Columbia, and for other purposes;

S 4454. An act for the relief of Jess T. Fears;

S. J. Res. 99. Joint resolution to amend joint resolution directing the Interstate Commerce Commission to take action relative to adjustments in the rate structure of common carriers subject to the interstate commerce act, and the fixing of rates and charges; and

S. J. Res. 131. Joint resolution providing for the participation by the United States in the International Conference for the Revision of the Convention of 1914 for the Safety of Life at Sea.

The message further announced that the Senate agrees to the report of the committee of conference on the disagreeing votes of the two Houses on the amendment of the House of Representatives to the bill (S. 744) entitled "An act to further develop an American merchant marine, to assure its permanence in the transportation of the foreign trade of the United States, and for other purposes.”

The message also announced that the Senate agrees to the report of the committee of conference on the disagreeing votes of the two Houses on the amendment of the House of Representatives to the bill (S. 3555) entitled "An act to establish a Federal farm board to aid in the orderly marketing and in the control and disposition of the surplus of agricultural commodities in interstate and foreign commerce."

The message further announced that the Senate agrees to the report of the committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 10159) entitled "An act granting pensions and increase of pensions to widows and former widows of certain soldiers, sailors, and marines of the Civil War, and for other purposes.'

LOUIE JUNE

Mr. UNDERHILL. Mr. Speaker, I ask unanimous consent to take from the Speaker's table H. R. 2473, for the relief of Louie June, with a Senate amendment, and agree to the Senate amendment. I do this by authorization of the committee.

The SPEAKER. The gentleman from Massachusetts asks unanimous consent to take from the Speaker's table H. R. 2473, with a Senate amendment, and agree to the Senate amendment. Is there objection?

There was no objection.

The SPEAKER. The Clerk will report the bill and the Senate amendment.

The Clerk read the title of the bill.
The Clerk read the Senate amendment.
The Senate amendment was agreed to.

CONVICT-MADE GOODS

Mr. MCSWAIN. Mr. Speaker, I desire to state, in amplification of the RECORD of May 15, that when the House had under consideration the bill to regulate interstate commerce with reference to prison-made goods the gentleman from Michigan [Mr. JAMES] was in the hospital. He asked me to arrange a pair for him, and I made an effort to arrange a live pair. The gentleman from Michigan desired to vote in favor of the bill and if he had been present would have voted in favor of it. FOR HAMPERS, ROUND STAVE BASKETS, AND

STANDARDS

BASKETS FOR FRUITS AND VEGETABLES

SPLINT

Mr. PERKINS. Mr. Speaker, I ask unanimous consent to take from the Speaker's table Senate bill 2148, to fix standards for hampers, round stave baskets, and splint baskets for fruits and vegetables, and for other purposes, and consider the same in the House as in Committee of the Whole.

The SPEAKER. The gentleman from New Jersey asks unanimous consent to take from the Speaker's table Senate bill 2148 and consider the same in the House as in Committee of the Whole. The Clerk will report the bill.

The Clerk read the title of the bill.

The SPEAKER. Is there objection?

Mr. CRAMTON. Mr. Speaker, reserving the right to object, I think the gentleman should state whether the Senate bill is identical with a House bill favorably reported by a committee of the House.

Mr. PERKINS. It is identical with House bill 8907, with two or three verbal changes, which bill has been passed by the House.

The SPEAKER. Is there objection?

There was no objection.

The SPEAKER. The Clerk will report the bill.
The Clerk read the bill, as follows:

Be it enacted, etc., That the standard hampers and round stave baskets for fruits and vegetable shall be of the following capacities: One-eighth bushel, 4 bushel, 1⁄2 bushel, % bushel, 4 bushel, 1 bushel, 14 bushels, 11⁄2 bushels, and 2 bushels, which, respectively, shall be of the cubic content set forth in this section. For the purposes of this act a bushel, standard dry measure, has a capacity of 2,150.42 cubic inches.

(a) The standard -bushel hamper or round stave basket shall contain 268.8 cubic inches.

(b) The standard 4-bushel hamper or round stave basket shall contain 537.6 cubic inches.

(c) The standard -bushel hamper or round stave basket shall contain 1,075.21 cubic inches.

(cc) The standard %-bushel hamper or round stave basket shall contain 1,344 cubic inches.

(d) The standard -bushel hamper or round stave basket shall contain 1,612.8 cubic inches.

(e) The standard 1-bushel hamper or round stave basket shall contain 2,150.42 cubic inches.

(f) The standard 14-bushel hamper or round stave basket shall contain 2,686 cubic inches.

(g) The standard 11⁄2-bushel hamper or round stave basket shall contain 3,225.63 cubic inches.

(h) The standard 2-bushel hamper or round stave basket shall contain 4,300.84 cubic inches.

SEC. 2. That the standard splint baskets for fruits and vegetables shall be the 4-quart basket, 8-quart basket, 12-quart basket, 16-quart basket, 24-quart basket, and 32-quart basket, standard dry measure. For the purposes of this act a quart standard dry measure has a capacity of 67.2 cubic inches.

(a) The 4-quart splint basket shall contain 268.8 cubic inches. (b) The 8-quart splint basket shall contain 537.6 cubic inches. (c) The 12-quart splint basket shall contain 806.4 cubic inches. (d) The 16-quart splint basket shall contain 1,075.21 cubic inches. (e) The 24-quart splint basket shall contain 1.612.8 cubic inches. (f) The 32-quart splint basket shall contain 2,150.42 cubic inches. SEC. 3. That the Secretary of Agriculture shall in his regulations under this act prescribe such tolerances as he may find necessary to allow in the capacities for hampers, round stave baskets, and splint baskets set forth in sections 1 and 2 of this act in order to provide for reasonable variations occurring in the course of manufacturing and handling. If a cover be used upon any hamper or basket mentioned in this act, it shall be securely fastened or attached in such a manner, subject to the regulations of the Secretary of Agriculture, as not to reduce the capacity of such hamper or basket below that prescribed therefor.

SEC. 4. That no manufacturer shall manufacture hampers, round stave baskets, or splint baskets for fruits and vegetables unless the dimension specification for such hampers, round stave baskets, or splint baskets shall have been submitted to and approved by the Secretary of Agriculture, who is hereby directed to approve such specifications if he finds that hampers, round stave baskets, or splint baskets for fruits and vegetables made in accordance therewith would not be deceptive in appearance and would comply with the provisions of sections 1 and 2

of this act.

SEC. 5. That it shall be unlawful to manufacture for sale or ship

ment, to offer for sale, to sell, to offer for shipment, or to ship, hampers, round stave baskets, or splint baskets for fruits or vegetables, either filled or unfilled, or parts of such hampers, round stave baskets, or splint baskets that do not comply with this act: Provided, That this act shall not apply to Climax baskets, berry boxes, and till baskets which comply with the provisions of the act approved August 31, 1916, entitled "An act to fix standards for Climax baskets for grapes and other fruits and vegetables, and to fix standards for baskets and other containers for small fruits, berries, and vegetables, and for other purposes" (39 U. S. Stat. L. 673), and the regulations thereunder. Any individual, partnership, association, or corporation that violates this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500: Provided further, That no person shall be prosecuted under the provisions of this act when he can establish a guaranty signed by the manufacturer, wholesaler, shipper, or other party residing within the United States from whom the hampers, round stave baskets, or splint baskets, as defined in this act, were purchased, to the effect that said hampers. round stave baskets, or splint baskets are correct, within the meaning of this act. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of the hampers, round stave baskets, or splint baskets to such person, and in such case such party or parties making such sale shall be amenable to the prose cution, fines, and other penalties which would attach in due course under the provisions of this act to the person who made the purchase. SEC, 6. That any hamper, round stave basket, or splint basket for fruits or vegetables, whether filled or unfilled, or parts of such hampers, roundstave baskets, or splint baskets not complying with this act, which shall be manufactured for sale or shipment, offered for sale, sold, or shipped, may be proceeded against in any district court of the United States within the district where the same shall be found and may be seized for confiscation by a process of libel for condemnation. Upon request the person entitled shall be permitted to retain or take possession of the contents of such hampers or baskets, but in the absence of such request, or when the perishable nature of such contents makes such action immediately necessary, the same shall be disposed of by destruction or sale, as the court or a judge thereof may direct. If such hampers, round-stave baskets, splint baskets, or parts thereof be found in such proceeding to be contrary to this act, the same shall be disposed of by destruction, except that the court may by order direct that such hampers, baskets, or parts thereof be returned to the owner thereof or sold upon the payment of the costs of such proceedings and the execution and delivery of a good and sufficient bond to the effect that such hampers, baskets, or parts thereof shall not be sold or used contrary to law. The proceeds of any sale under this section, less legal costs and charges, shall be paid over to the person entitled thereto. The proceedings in such seizure cases shall conform as near as may be to the proceedings in admiralty. except that either party may demand trial by jury of any issue of fact joined in such case, and all such proceedings shall be at the suit and in the name of the United States.

SEC. 7. That this act shall not prohibit the manufacture for sale or shipment, offer for sale, sale, or shipment of hampers, round stave baskets, splint baskets, or parts thereof, to any foreign country in accordance with the specifications of a foreign consignee or customer not contrary to the law of such foreign country; nor shall this act prevent the manufacture or use of banana hampers of the shape and character now in commercial use as shipping containers for bananas.

SEC. 8. That it shall be the duty of each United States district attorney to whom satisfactory evidence of any violation of this act is presented to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States in his district for the enforcement of the provisions of this act.

SEC. 9. That the Secretary of Agriculture shall prescribe such regulations as he may find necessary for carrying into effect the provisions of this act, and shall cause such examinations and tests to be made as may be necessary in order to determine whether hampers, round-stave baskets, and splint baskets, or parts thereof, subject to this act, meet its requirements, and may take samples of such hampers, baskets, or parts thereof, the cost of which samples, upon request, shall be paid to the person entitled,

SEC. 10. That for carrying out the purposes of this act the Secretary of Agriculture is authorized to cooperate with State, county, and munici pal authorities, manufacturers, dealers, and shippers, to employ such per sons and means, and to pay such expenses, including rent, printing publications, and the purchase of supplies and equipment in the District of Columbia and elsewhere, as he shall find to be necessary, and there

are hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary for such purposes.

SEC. 11. That sections 5 and 6 of this act shall become effective at, but not before, the expiration of one year following the 1st day of November next succeeding the passage of this act.

The bill was ordered to be read a third time, was read the third time, and passed.

In his History of Georgia, Charles C. Jones, jr., gives the following description of the Battle of Kettle Creek:

Retiring from Carrs Fort the Americans recrossed the Savannah River near Fort Charlotte and advanced toward the Long Cane settlement to meet Colonel Boyd. Hearing of his advance, Capt. Robert Anderson, of Colonel Pickens's regiment, summoning to his aid, Capts. Joseph Pickens, William Baskin, and John Miller, with their companies crossed the Savannah River with a view to annoying Boyd when he should

A motion to reconsider the vote by which the bill was passed attempt the passage of that stream. He was subsequently joined by

was laid on the table.

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Mr. BRAND of Georgia. Mr. Speaker, by unanimous consent of the House of Representatives to extend my remarks on House bill 9965, a bill to erect a tablet or marker to mark the site of the Battle of Kettle Creek, in Wilkes County, Ga., where on February 14, 1779, Elijah Clarke, of Georgia, and Colonel Pickens, of South Carolina, overtook the Tories under Colonel Boyd, a British soldier, killing him and many of his followers, thus ending British dominion in Georgia, I submit the following information regarding the Battle of Kettle Creek. This narrative of facts is taken from different histories that have dealt with this Revolutionary battle, viz: The Georgia Historical Quarterly, published by the Georgia Historical Society, volume 10, 1926, Otis Ashemore and Charles H. Olmstead being the authors of the articles on the Kettle Creek Battle; McCall's History of Georgia; History of South Carolina, 1858, by Ramsey; History of North Carolina, 1908, by Ashemore; Story of Georgia, 1900, by Jones.

Messrs. Ashemore and Olmstead, in dealing with the Battles of Kettle Creek and Brier Creek, say:

Many of the battles of the Revolution fought on southern soil are involved in much obscurity, and Time's effacing fingers are rapidly consigning to oblivion the remaining fragments of the past. The South has been far too neglectful in recording and preserving its history.

The special story of the South during the Revolution has been told by several well-known historians. In general they all agree on the important points about the Battle of Kettle Creek.

Colonel Boyd was an Irishman by birth, but lived in South Carolina. He was a bold, notorious, and dishonest Tory, who was bribed by Sir Henry Clinton to raise an insurrection in the back country of South Carolina as soon as the British captured Savannah. His followers were thieves, robbers, and murderers. He tried to make a junction with the notorious McGirth, but was killed at the Battle of Kettle Creek.

From all the reports that come to us from the Revolutionary days we can well understand that the force which had gone raging through South Carolina was worthy of the reputation borne by its leader, Boyd. Lossing, in his Field Book of the Revolution, speaks of them as

bandits and murderers. Wherever they went through the Palmetto State they left a broad track of blood and pillage. No man's life was safe from their murderous weapons, be he soldier or simple farmer citizen. The virtue of no woman could be guarded from their treacherous brutality. No humble cottage escaped their flaming torches.

And now these bandits were coming across the Savannah River into Georgia to continue the nameless horrors begun in Carolina. Wherever a southern soldier breathed there was a fixed resolution that Boyd's band must be wiped out, and that speedily.

Gen. Elijah Clarke was born in North Carolina, and in 1744 he moved to Wilkes County, Ga. He took a prominent part in the skirmishes with the Indians. He commanded the left wing of the American forces at the Battle of Kettle Creek, and contributed largely to the great victory over the Tories under Boyd at that place. He was at the sieges of Savannah and Augusta. He was a brave and patriotic "diamond in the rough," with an interesting career. He died January 15, 1799, and was buried in Lincoln County, Ga. His will is on record at Lincolnton.

some Georgians under Capt. James Little. Retreating rapidly, Captain Anderson formed a junction with Colonels Pickens and Dooly and united in the pursuit of the enemy. On the 12th of February, passing the Savannah River at the Cedar shoal, the Americans advanced to the Fish Dam ford, on Broad River. The command had now been reinforced by Colonel Clarke and 100 dragoons. Captain Neal with a part of observation, was detached to hang upon the enemy's rear, and, by frequent couriers, keep the main body well advised of Boyd's

movements.

Shaping his course to the westward, and purposing a junction with McGirth at a point agreed upon on Little River, the enemy on the morning of the 13th crossed Broad River, near the fork, at a place subse quently known as Webbs Ferry. Informed of this movement, the Americans passed over Broad River and encamped for the night on Clarkes Creek, within 4 miles of the loyalists. Early on the morning of the 14th the Americans advanced rapidly but cautiously. Wherever the surface of the country permitted, their line of march was the order of battle. A strong vanguard moved 150 paces in front. The right and left wings, consisting each of 100 men, were commanded, respectively, by Colonels Dooly and Clarke. The center, numbering 200 men, was led by Colonel Pickens. Officers and men were eager for the fray and confident of victory. Soon the ground was reached where the enemy had encamped during the preceding night.

Seemingly unconscious of the approach of danger, the loyalist commander had halted at a farm on the north side of Kettle Creek and turned out his horses to forage among the reeds which lined the edge of the swamp. His men, who had been on short allowance for three days, were slaughtering bullocks and parching corn. Colonel Boyd's second officer was Lieutenant Colonel Moore, of North Carolina, who is said to have been deficient both in courage and in military skill. The third in command, Major Spurgen, was brave and competent.

As Colonel Pickens neared the enemy Captain McCall was ordered to reconnoiter his position and, unperceived, to acquire the fullest possible information of the status of affairs. Having completed his observations, that officer reported the encampment formed at the edge of the farm near the creek on an open piece of ground flanked on two sides by a cane swamp, and that the enemy was apparently in utter ignorance of any hostile approach. The Americans then advanced to the attack. As they neared the camp the pickets fired and retreated. Hastily forming his line in rear of his encampment and availing himself of the shelter afforded by a fence and some fallen timber, Boyd prepared to repel the assault. Colonel Pickens, commanding the American center, obliqued a little to the right to take advantage of more commanding ground. The right and left divisions were somewhat embarrassed in forcing their way through the cane, but soon came gallantly into position. Colonel Boyd defended the fence with great bravery but was finally overpowered and driven back upon the main body. While retreating he fell mortally wounded, pierced with three balls, two passing through his body and the third through his thigh.

The conflict now became close, warm, and general. Some of the enemy, sore pressed, fled into the swamp and passed over the creek, leaving their horses, baggage, and arms behind them.

After a contest lasting an hour the Tories retreated through the swamp. Observing a rising ground on the other side of the creek and in rear of the enemy's right, on which he thought the loyalists would attempt to form, Colonel Clarke, ordering the left wing to follow him, prepared to cross the stream. At this moment his horse was killed under him. Mounting another, he followed a path which led to a ford and soon gained the side of the hill, just in time to attack Major Spurgen, who was endeavoring to form his command upon it. He was then accompanied by not more than a fourth of his division, there having been some mistake in extending the order.

The firing, however, soon attracted the attention of the rest of his men, who rushed to his support. Colonels Pickens and Dooly also pressed through the swamp, and the battle was renewed with much vigor on the other side of the creek. Bloody and obstinate was the conflict. For some time the issue seemed doubtful. At length the Americans obtained complete possession of the hill; and the enemy, routed at all points, fled from the scene of action, leaving 70 of their number dead upon the field and 75 wounded and captured. On the part of the Americans 9 were slain and 23 wounded. To Colonel Clarke great praise is due for his foresight and activity in comprehending the checking, at its earliest stage, the movement of the loyalists beyond the swamp. Had they succeeded in effecting a permanent lodgment upon the hill, the fortunes of the day would have proved far otherwise. This engagement lasted for 1 hour and 45 minutes, and during most of that time was hotly contested.

As the guard having charge of the prisoners captured when Boyd | crossed the Savannah River heard of the disaster which had overtaken the main body, they voluntarily surrendered themselves, 33 in number, to those whom they held in captivity, promising, if allowed to return in peace to their homes, to take the oath of allegiance to the government of the Confederate States.

The battle ended, Colonel Pickens waited upon Colonel Boyd and tendered him every relief in his power. Thanking him for his civility, the loyalist chief, disabled by mortal wounds and yet brave of heart, inquired particularly with regard to the result of the engagement. When told that the victory rested entirely with the Americans, he asserted that the issue would have been different had he not fallen. During the conversation which ensued he stated that he had set out upon his march with 800 men. In crossing the Savannah River he sustained a loss of 100 in killed, wounded, and missing. In the present action he had 700 men under his command. His expectation was that McGirth with 500 men would form a junction with him on Little River either that very afternoon or on the ensuing morning. The point named for this union of forces was not more than 6 miles distant from the place where this battle had been fought. Alluding to his own condition he remarked that he had but a few hours to live and requested Colonel Pickens to detail two men to furnish him with water and to inter his body after death.

When this Briton was in his last hours he gave his watch and other valuables to General Pickens to be sent to his wife. This the chivalric Irishman did. Years after, when Mrs. Boyd died, she bequeathed that watch to the family of General Pickens, and they have it now.

The Kettle Creek battle field is easily accessible from any point, being located 1 mile from the leading public road of Wilkes County. This road will be put in first-class condition by the commissioner of roads and revenues of Wilkes County. The battle field is 9 miles southwest from Washington, Ga., and 5 miles from Federal route No. 78 at one point and 9 miles at another point. Route 78 is from Augusta to Washington, Athens, Atlanta, all Georgia points, on to the Alabama line.

The Kettle Creek Chapter, Daughters of the American Revolution, will deed to the Government to carry out this proposition 12 acres of the Kettle Creek battle ground. Part, at least, of this battle field is in the original oak woods that were there the day this battle was fought 149 years ago.

DISTRICT OF COLUMBIA APPROPRIATION BILL

Mr. SIMMONS. Mr. Speaker, I call up the conference report on H. R. 11133, making appropriations for the government of the District of Columbia and other activities, chargeable in whole or in part against the revenues of such District for the fiscal year ending June 30, 1929, and for other purposes, and I ask unanimous consent that the statement may be read in lieu of the report.

The SPEAKER. The gentleman from Nebraska calls up a conference report and asks unanimous consent that the statement may be read in lieu of the report. Is there objection? There was no objection.

The Clerk read the statement.

The conference report and statement are as follows:

CONFERENCE REPORT

The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 11133) making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of such District for the fiscal year ending June 30, 1929, and for other purposes, having met, after full and free conference have agreed to recommend and do recommend to their respective Houses as follows:

That the Senate recede from its amendments numbered 2, 3, 4, 11, 13, 14, 16, 19, 29, 34, 59, 60, 61, 62, 63, 65, 70, 72, 74, and 75.

That the House recede from its disagreement to the amendments of the Senate numbered 6, 9, 15, 17, 18, 20, 21, 22, 23, 26, 27, 31, 32, 33, 35, 37, 38, 39, 40, 41, 42, 45, 49, 50, 51, 52, 53, 54, 55, 58, 64, 66, 67, 68, 69, 73, 76, and 79, and agree to the

saite.

Amendment numbered 5: That the House recede from its disagreement to the amendment of the Senate numbered 5, and agree to the same with an amendment as follows: In lieu of the sum proposed insert “$42,545"; and the Senate agree to the

same.

Amendment numbered 7: That the House recede from its disagreement to the amendment of the Senate numbered 7. and agree to the same with an amendment as follows: In lieu of the sum named in said amendment insert " $35,000"; and the Senate agree to the same.

Amendment numbered 8: That the House recede from its disagreement to the amendment of the Senate numbered 8, and agree to the same with an amendment as follows: In lieu of the sum proposed insert "$29,600"; and the Senate agree to the

same.

Amendment numbered 10: That the House recede from its disagreement to the amendment of the Senate numbered 10, and agree to the same with an amendment as follows: In lieu of the matter inserted by said amendment insert the following: “not exceeding $100 for rest room for sick and injured employees and the equipment of and medical supplies for said rest room,"; and the Senate agree to the same.

Amendment numbered 12: That the House recede from its disagreement to the amendment of the Senate numbered 12, and agree to the same with an amendment as follows: In lieu of the matter inserted by said amendment insert the following: "Northwest: Sixteenth Street, Alaska Avenue to Kalmia Road, $80,000"; and the Senate agree to the same.

Amendment numbered 24: That the House recede from its disagreement to the amendment of the Senate numbered 24, and agree to the same with an amendment as follows: In lien of the sum proposed, insert "$250,000"; and the Senate agree to the same.

Amendment numbered 25: That the House recede from its disagreement to the amendment of the Senate numbered 25, and agree to the same with an amendment, as follows: In lieu of the sum proposed insert "$1,802,300"; and the Senate agree to the sane.

Amendment numbered 28: That the House recede from its

disagreement to the amendment of the Senate numbered 28, and agree to the same with an agreement as follows: In lieu of the sun proposed insert “ $1,475,000 "; and the Senate agree to the same.

Amendment numbered 30: That the House recede from its

disagreement to the amendment of the Senate numbered 30, and agree to the same with an amendment as follows: In lieu of the sum proposed insert “ $112,500 " ; and the Senate agree to the same.

Amendment numbered 43: That the House recede from its disagreement to the amendment of the Senate numbered 43, and agree to the same with an amendment as follows: In lieu of the sum proposed insert "$11,000"; and the Senate agree to the same.

Amendment numbered 44: That the House recede from its

disagreement to the amendment of the Senate numbered 41, and agree to the same with an amendment as follows: In lieu of the matter inserted by said amendment, insert the following: "$10,000; in all, $21,000"; and the Senate agree to the same.

Amendment numbered 47: That the House recede from its disagreement to the amendment of the Senate numbered 47, and agree to the same with an amendment as follows: In line 3 of the matter inserted by said amendment after the word equipment," insert the following: "to be immediately available"; and the Senate agree to the same.

66

Amendment numbered 48: That the House recede from its disagreement to the amendment of the Senate numbered 48, and agree to the same with an amendment as follows: In lieu of the sum proposed insert "$54,910"; and the Senate agree to the

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