it ought to have been done earlier, but if it is done now I think it will be a very important thing for the commerce of the nation.

Mr. LODGE. I should like to ask if the amendment on page 5, line 17, striking out the words ". upon the request of the Secretary of Commerce" has been adopted? Mr. NELSON. The Senator's amendments were all adopted.

The PRESIDENT pro tempore. The amendment referred to by the Senator from Massachusetts was adopted.

Mr. LODGE. I wish to suggest a further verbal amendment. In line 23, on page 5, section 5, after the word "compiled," I move to insert "such reports to be transmitted through the State Department."

Mr. NELSON. There is no objection to that amendment.

The PRESIDENT pro tempore. The question is on the amendment offered by the Senator from Massachusetts [Mr. Lodge].

The amendment was agreed to.

The bill was reported to the Senate as amended.

Mr. VEST. I simply want to make a parliamentary inquiry. I understand now that the status of this bill is that the Patent Office, the Coast and Geodetic Survey, and the Census Bureau are all taken out of it.

The PRESIDENT pro tempore. By votes of the Senate; that is true.

Mr. VEST. Are those all the bureaus that have been taken out of the bill?

Mr. NELSON. I think those are all-the Census Bureau, the Patent Office, and the Coast and Geodetic Survey.

Mr. VEST. Then, what are the bureaus which are left in the bill? Has the Geological Survey been taken out?

Mr. NELSON. Yes.

Mr. VEST. That makes four bureaus which have been taken out.

Mr. NELSON. Yes-the Patent Office, the Coast and Geodetic Survey, the Census Office, and the Geological Survey.

Mr. VEST. Now, how many bureaus are left in the bill?

Mr. NELSON. There are a great many left in the bill. There is the Life-Saving Service-Does the Senator want me to call his attention to them? I can not give them all from memory, but I will read them if the Senator desires.

Mr. VEST. That will be satisfactory.

Mr. NELSON. The bureaus left in the bill are the Life-Saving Service, the LightHouse Board, the Light-House Service, the Marine-Hospital Service, the SteamboatInspection Service, the Bureau of Navigation, the United States Shipping Commissioners, the Bureau of Immigration, the Bureau of Statistics of the Treasury Department, Bureau of Foreign Commerce in the State Department, and the Labor Department.

Mr. BACON. And the Fish Commission also?

Mr. NELSON. Yes; the Fish Commission.

Mr. VEST. The Senator from Wisconsin [Mr. Quarles] heretofore gave notice that he would move a reconsideration of the vote by which the Census Office was stricken out of the bill or that he would call for a separate vote in the Senate upon that amendment.

The PRESIDENT pro tempore. That is correct.

Mr. QUARLES. Mr. President, instead of prolonging the debate I propose to ask for a separate vote in the Senate upon the adoption of the amendment by which the Census Bureau was stricken out of this bill.

Mr. VEST. I so understood.

Mr. QUARLES. That will answer the Senator's inquiry. The amendment has already been sufficiently debated, I think.

The PRESIDENT pro tempore. The question is on concurring in the amendments made as in Committee of the Whole. Is there any request for a separate vote on any amendment other than that relating to the Census Office? The Chair hears none. The question is, Will the Senate concur in gross in the other amendments made as in Committee of the Whole? In the absence of objection, they are concurred in. The question now before the Senate is on concurring in the amendment adopted as in Committee of the Whole striking out the Census Office from the bill. Mr. QUARLES. Upon that proposition I ask for the yeas and nays.

The yeas and nays were ordered, and the Secretary proceeded to call the roll. Mr. CLAY (when his name was called). I understand the question is on concurring in the amendment to strike out the Census Bureau from this bill.

The PRESIDENT pro tempore. That is the motion.

Mr. CLAY. I am against striking it out, and I vote "nay."

27628-04-34

The roll call having been concluded, the result was announced-yeas 5, nays 52; as follows:

Yeas: Bate, Cockrell; McLaurin, of Mississippi; Pettus, and Quay.

Nays: Aldrich, Bacon, Bard, Blackburn, Burnham, Burrows, Burton, Clay, Cullom, Deboe, Dietrich, Dillingham, Dubois, Fairbanks, Foraker, Frye, Gallinger, Gamble, Gibson, Hanna, Hansbrough, Hawley, Heitfeld, Hoar; Jones, of Arkansas; Kean, Kittredge, Lodge, McComas, McMillan, Mallory, Martin, Mitchell, Nelson, Penrose, Perkins; Platt, of Connecticut; Platt, of New York; Pritchard, Proctor, Quarles, Rawlins, Scott, Simmons, Simon, Stewart, Taliaferro, Teller, Tillman, Vest, Wellington, and Wetmore.

Not voting: Allison, Bailey, Berry, Beveridge, Carmack, Clapp; Clark, of Montana; Clark, of Wyoming; Culberson, Daniel, Depew, Dolliver, Elkins; Foster, of Louisiana; Foster, of Washington; Hale, Harris; Jones, of Nevada; Kearns, McCumber, McEnery; McLaurin, of South Carolina; Mason, Millard, Money, Morgan, Patterson, Spooner, Turner, and Warren.

So the amendment was rejected.

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

The title was amended so as to read "A bill to establish the Department of Commerce and Labor."

PART II

PROCEEDINGS IN THE HOUSE OF REPRESENTATIVES

The act was received in the House and referred to the Committee on Interstate and Foreign Commerce on January 30, 1902. On January 6, 1993, Mr. Mann, from the above committee, submitted the following report:

HOUSE REPORT

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (S. 569) to create a new executive department of the Government, to be known as the Department of Commerce and Labor, having had the same under consideration, beg leave to make the following report and recommendation:

The only provisions in the Constitution in regard to Executive Departments of the Government are found in section 2 of article 2, wherein it is provided that the President "may require the opinion, in writing, of the principal officer in each of the Executive Departments upon any subject relating to the duties of their respective offices;" and, again, that "Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments."

Just what constitutes an "executive department" or the "head of a department" has not been fully determined. It is quite certain, however, that the head of such department shall not necessarily be called into the President's Cabinet in order to constitute the department an executive department within the meaning of the Constitution. The President's Cabinet is extraconstitutional. It is not provided for by law, but exists voluntarily and by force of custom. It has become the custom, however, that when a department is created and the head thereof is denominated "secretary 99 or "general" to consider him as a Cabinet officer. There is, of course, nothing to prevent the President from requesting the head of any other department to attend the meetings of what is called the Cabinet. But the force of custom as it now exists is very strong. No departure from it is likely to soon occur.

The meetings of the Cabinet necessarily exercise a tremendous influence upon the policies of the Executive. A department which is represented in the Cabinet is thereby given a great advantage.

The creation of a new executive department, the head of which shall be a member of the Cabinet, is no light matter. Only two additions to the Cabinet have been created by Congress in over a century. The Departments of State, War, Treasury, and Navy, and the AttorneyGeneral and Postmaster-General were established during the eighteenth century and during the first ten years of the existence of our Government under the present Constitution.

EXISTING EXECUTIVE DEPARTMENTS

The State Department was the first executive department created and was established under the title of the Department of Foreign Affairs by act of July 27, 1789, the title of the Department being changed to Department of State by act of September 15, 1789.

The Department of War was created by act of August 7, 1789. The Department of the Treasury was created by act of September 2, 1789.

A salary for the Attorney-General of the United States was provided for in the act of September 23, 1789, and the office of AttorneyGeneral was created in the last section of the act of September 24, 1789. The Attorney-General has always been one of the President's family of advisers known as a Cabinet officer, although his office was not in terms referred to as an executive office until the act of June 22, 1870, establishing the Department of Justice.

A temporary Postmaster-General was provided for by the act of September 22, 1789, and by the act of May 8, 1794, a general postoffice was established at the seat of the Government with a PostmasterGeneral in charge. The Postmaster-General became undoubtedly the head of one of the Executive Departments of the Government, but the law did not in terms so refer to him until the act of June 8, 1872, establishing an executive department to be known as the Post-Office Department.

The Department of the Navy was created by act of April 30, 1798. The six departments referred to above were all established practically at the commencement of the Government under the Constitution.

There have been many requests for the creation of new Executive Departments of the Government in behalf of various interests since that time, but Congress has been very conservative about granting such requests.

By the act of March 3, 1849, the Department of the Interior was established, but the name given to it in the title of the original act was a "Home Department." The Department of the Interior was intended as a "home" Department. It was to have charge of those internal affairs which needed representation in the President's Cabinet. The Interior Department is one of the greatest Departments of the Government in extent of its varied interests and the number of its employees. Many of its different bureaus or branches, however, have no connection or relationship to each other, and it is not a homogeneous Department.

The Department of Agriculture was established by act of May 15, 1862, and placed in charge of a Commissioner of Agriculture, who was not, however, considered as a Cabinet officer.

By act of February 9, 1889, it was provided that the Department of Agriculture should have a Secretary of Agriculture at its head, and the Secretary of Agriculture is considered a member of the Cabinet.

The Commissioner of Agriculture, within the meaning of the Constitution, was as much the head of a department as the Secretary of Agriculture. He might as readily have been called to attend the meetings of the Cabinet; but it never has been the policy of the President to unduly extend the size of his Cabinet. To add greatly to its numbers would destroy its efficiency. It never has been the policy, therefore, of Congress to easily create a new head of an executive

department who, under the custom, would be entitled to the courtesy of a seat in the Cabinet.

RECLASSIFICATION OF ATTACHED BUREAUS

The desire to restrict the number of Executive Departments represented in the President's Cabinet has caused Congress to place in various existing departments many subjects not at all related to the original purpose of the department. For instance, under the Department of the Treasury we have the office of Supervising Architect, the Bureau of Statistics, the Life-Saving Service, the Office of Steamboat Inspection, the Light-House Board, the Coast and Geodetic Survey, the National Bureau of Standards, and the United States Health Service. Under the Department of War we have the improvement of rivers and harbors as aids to navigation.

Under the Department of the Navy we have the Hydrographic Office, the Naval Observatory, the Director of the Nautical Almanac.

While outside of any of the principal Executive Departments we have the Interstate Commerce Commission, the Department of Labor, the Civil Service Commission, the Commissioner of Fish and Fisheries, and the Smithsonian Institution, including under its control such scientific divisions as the National Museum, the Bureau of American Ethnology, the National Zoological Park, and the Astrophysical Observatory.

It is quite apparent from a casual examination that a proper rearrangement of the various divisions and branches of the Government service might in some cases be of considerable benefit. It is also apparent that those things which grow can never have the same degree of uniformity and regularity as do those things which are made to order.

The study which your committee has made of this subject, however, convinces us that a rearrangement and reclassification of the different bureaus and divisions of the public service devoted to scientific pursuit might well be made with great resulting benefit.

The original six Executive Departments were each created because of a necessity and propriety which was apparent. The Interior Department was created because at the time it seemed very desirable to relieve some of the other departments of what were to them excrescences, and also create an official adviser to the President who would give particular attention to the growth and development of our country internally.

The Department of Agriculture was established from a sense of eminent fitness, and its work has more than justified the most ardent prophecies of those who urged its creation.

The same may be said of all the scientific divisions in the different departments. The Weather Bureau, for instance, is the foremost meteorological institution in the world. The Geological Survey is not equaled in any other country. The Coast and Geodetic Survey is the envy of all other nations. The Naval Observatory and the Nautical Almanac direct the course of the shipping of the world. Equal praise might well be given to many other scientific branches of the Govern

ment.

It is very evident, however, that some of the statistical or other scientific bureaus of the Government have no special connection with the general purpose of the departments in which they happen to be respectively located.