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Gass I ■■ ^i 


65th Congress \ 
3d Session f 


/ Docu" 
\ No. 

f Document 
. 18S1 


(Late a Representative from Indiana) 







'-^- '^ 5 i 

Proceedings in the House 

February 17, 1918 

Proceedings in the Senate 
March 2, 1919 


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.'rUi ly- 

B." 01 -. 

JAN 28 1923 




Proceedings in the House 5 

Prayer by Rev. Henry N. Couden, D. D 5 

Prayer by Rev. George Robinson, D. D., chaplain, 

United States Army , 8 

Memorial addresses by — 

Mr. Richard N. Elliott, of Indiana 11 

Mr. Lincoln Dixon, of Indiana 15 

Mr. George K. Denton, of Indiana 19 

Mr. Isaac R. Sherwood, of Ohio 21 

Mr. Henry Z. Osborne, of California 26 

Mr. Henry A. Barnhart, of Indiana 28 

Mr. William R. Wood, of Indiana 32 

Mr. Merrill Moores, of Indiana 35 

Mr. Louis W. Fairfield, of Indiana 41 

Mr. Fred S. Purnell, of Indiana 44 

Proceedings in the Senate 47 

Memorial addresses bj' — 

Mr. Harry S. New, of Indiana 51 

Mr. James E. Watson, of Indiana 53 




Proceedings in the House of Representatives 

Saturday, May 19. 1917. 
The House met at 11 o'clock a. m. 

The Chaplain, Rev. Henry N. Couden, D. D., offered the 
following prayer: 

O God, our Eternal Hope, who holdest our life and 
appointest our lot, make us tractable unto Thy holy 
influence and strong to bear the burdens Thou hast laid 
upon us. Open Thou our spiritual ears that we may hear 
the call of Him who said : " Come unto Me, all ye that 
labor and are heavy laden, and I will give you rest. Take 
My yoke upon you, and learn of Me; for I am meek and 
lowly in heart; and ye shall find rest unto your souls. For 
My yoke is easy, and My burden is light." 

Hear our prayer for us and for all who are bowed in sor- 
row and grief. Our hearts are touched once more by the 
visitation of the Angel of Death in our congressional 
home. Bless, we beseech Thee, those nearest and dearest 
to him and help them to learn of Him who taught us the 
waj^ and the truth and the life. Amen. 

Mr. Dixon. Mr. Speaker, it is with deep sorrow that t 
announce to the House the death in this city this morning 
of my colleague and friend, Judge Daniel W. Comstock, 
a Member of this House. At a later time I will ask that 
a day be selected when the Members will be given oppor- 
tunity to pay appropriate tribute to his life, character, and 
public services. At this time I desire to present the fol- 
lowing resolutions. 

The Speaker. The Clerk will report the resolutions. 


Mkmohim. Addrf.ssks: Comskh.k 

The Clerk read as follows : 

House resolution 83 

Resolved, That llie House has heard with profound sorrow of 
the death of Hon. Danii-i. W. Comstock, a Representative from 
the State of Indiana. 

Resolved, That a committee of 16 Members of the House, with 
such Members of the Senate as may be joined, be appointed to 
attend the funeral. 

Resolved. That the Sergeant at Arms of the House be authorized 
and directed to take such steps as may be necessary for carrying 
out the provisions of these resolutions, and that the necessary 
expenses in connection therewith be paid out of the. contingent 
fund of the House. 

Resolved, That the Clerk communicate these resolutions to the 
Senate and transmit a copy thereof to the family of the deceased. 

The Speaker. The question is on agreeing to the resolu- 

The question was taken, and the resolutions were unani- 
mously agreed to. 

Tlie Speaker appoinltd thr lollowing cmnniilUe in ac- 
cordance with the foregoing resolutions: 

Mr. Dixon, Mr. Cox, Mr. Baridiart, Mr. Deninan, Mr. 
Bland, Mr. Sanders of Indiana, Mr. Moorcs of Intliana. Mr. 
Vestal, Mr. Purnell, Mr. Wood of Indiana. Mr. Kraus, Mr. 
Fairfield, Mr. Tiniberlake. Mr. Park. Mr. lleintz, and Mr. 


The Speaker. The Cli rk will nport the otlur resolu- 

Tlir Clerk read as follows: 

Resolved, That as ti further mark of respect this House do now 

The resolution was iinaniniously agreed to; accordingly 
(at 3 o'clock and .')f) minutes p. m.) the House, under its 
previous order, adjourned until 11 o'clock a. m., Monday, 
Mav'il. 1!tl7. 


Proceedings in the House 

Monday, May 21, 1917. 
A message from the Senate, by Mr. Waldorf, its enroll- 
ing clerk, announced that the Senate had passed the 
following resolutions: 

Resolved, That the Senate has heard with deep sensibility the 
announcement of the death of Hon. Daniel W. Comstock, late a 
Representative from the State of Indiana. 

Resolved, That a committee of five Senators be appointed by 
the Chair to join the committee appointed on the part of the 
House of Representatives to attend the funeral of the deceased 
in Richmond, Ind. 

Resolved, That the Secretary communicate a copy of these reso- 
lutions to the House of Representatives. 

And that in compliance with the foregoing resolutions 
the Vice President had appointed as the committee on the 
part of the Senate Mr. New, Mr. Watson, Mr. Fernald, 
Mr. Thomas, and Mr. Hardwick. 

Tuesday, February 5, 1918. 

Mr. Dixon. Mr. Speaker, I ask unanimous consent that 
Sunday, February 17, be set aside for addresses on the 
life, character, and public services of the Hon. Daniel W. 
Comstock, late a Representative from Indiana. 

The Speaker. Is there objection to the request of the 
gentleman from Indiana? [After a pause.] The Chair 
hears none. 

Saturday, February 16, 1918. 
The Speaker. The Chair appoints Mr. Barnhart, of In- 
diana, to preside to-morrow. 

Sunday, February 17, 191S. 
The House met at 12 o'clock noon and was called to 
order by the Speaker pro tempore [Mr. Barnhart]. 


Mi:muhiai. Aduhessks : Uli'1u;semativi; Comstock 

Rev. George Robinson, D. D., chaplain. United States 
Army, retired, offered the following prayer: 

O Lord, our Lord, how excellent is Thy name in :ill the 
earth. Who hast set Thy glory above the heavens. 

When I consider Tliy heavens, the work of Thy fingers; 
the moon and stars which Thou hast ordained : What is 
man, that Thou art mindful of him? and the son of man, 
that Thou visilest him? For Thou hast made him a little 
lower than the angels, and hast crowned him with glory 
and honor. Thou madest him to have dominion over the 
works of Thy hands. Thou hast put all things under his 
feet. All sheep and oxen, and the beasts of the field; the 
fowl of the air and the fish of the sea. 

But Thou hast not only thus been mindful of man in his 
creation, but Thou hast been wonderfully mindful of him 
in his redemption! Not with silver and gold, not witli all 
the mines of earth or the depths of every sea, could one 
soul of man be redeemed. Tlie price of man's redemption 
must be taken from off the throne of God itself, the gift of 
His only begotten and well beloved Son, to become in- 
carnate, and by a death shameful and cruel at the hands 
of men He came to save, atone for our sins. 

O Lord, our God, we thank Thee for the life of this man 
in whose niemor)' this service is held; for liis devotion to 
his country, in his young manhood following the flag 
and offering his lifi' to help to save the life and integrity of 
the Nation; for his sirvice in llie enactment of laws in 
State and National legislatures, and the interpretation and 
ai)plication of the laws of Ihi' land in a judicial position. 
May the memory of these services for his fellow men be a 
solace to llie <liar ones who most greatly mourn his loss as 
husi)and and father, and may the loving, pitying One 
sj)eaU llic words of comfort to tlitir luarls wliicli no 
human voice can speak. 


Proceedings in the House 

Again, in this hour of sorrow, would wc lift our hearts 
in behalf of the land we so ardently love. Lord Jesus, 
when Thou wert approaching Thy Gethsemane and Thy 
Calvary, Thou didst pray, " Father, save me from this 
hour! " So thousands of hearts in this land have prayed 
that our countrj' might be saved from this time of trial. 
But Thou, Christ, in submission to the Divine will, 
didst immediately add " But for this cause came I unto 
this hour." So it inay be that for this cause, the cause of 
truth, of righteousness, and the true liberties of the na- 
tions of the earth, our Nation in the fullness of its pros- 
perity has come to this time. And as Thou didst further 
pray " Father, glorify the name," so we believe that we 
have a right to pray Father in heaven, make this Nation 
glorious in the great cause to which it has set itself; that it 
may help to soon bring again to this troubled earth a peace 
which shall be founded on righteousness and truth, and 
justice for all that dwell on the earth. 

In the name of the Lord Jesus Christ. Amen. 

The Clerk read as follows: 

On motion of Mr. Dixon, by unanimous consent. 
Ordered, Thiat Sunday, February, 17, 1918, be set apart for ad- 
dresses upon the life, character, and public services of Hon. 
Daniel W. Comstock, late a Representative from the State of In- 

Mr. DixON. Mr. Speaker, I offer the following resolu- 

The Speaker pro tempore. The Clerk will report the 

The Clerk read as follows : 

Resolved, That the business of the House be now suspended, 
that opportunity may be given for tributes to the memory of Hon. 
Daniel W. Comstock, late a Member of this House from the State 
of Indiana. 


Mi;.M()iUAi. AnmiKssKs: Rt:i'UKsi;NTATiM; ('omstock 

liesolved. That as a particular mark of respect to the memory 
of the deceased, and in recognition of his distinguished public 
career, the House, at the conclusion of these exercises, shall stand 

Resolved, That the Clerk communicate these resolutions to the 
family of the deceased. 

The question was taken, and the resolutions were unani- 
mously agreed to. 

The Speaker pro tempore. The Cliair will first recog- 
nize the gentleman from Indiana, Mr. Elliott, the succes- 
sor of the deceased. 



Address of Mr. Elliott, of Indlxna 

Mr. Speaker: In these days of sorrow and tribulation, 
when the world is on Are and we are daily called upon to 
witness scenes of carnage and suffering such as the world 
has never before been called to look upon, it is hard for 
us to realize, living as we do so far from the scene of 
conflict, what this war means to this world. It is impos- 
sible for us to conceive of the untold suffering which war 
brings to the nations which are engaged in it. Men who 
have gone through the terrible scourge of fire and blood 
and endured hardships and the sufferings of the late 
Civil War can, perhaps, in a measure, realize what it all 

While we are now most intensely interested in the daily 
reports of the present war and are engaged with our own 
troubles connected with the terrible conflict now raging 
in Europe, we should not forget that we, as a Nation, owe 
a debt of gratitude to the veterans of the Civil War which 
we can never repay. But while this is true it is our duty 
to do what we can while the few survivors are living to 
lighten their burdens and make their pathways brighter, 
sweeter, and happier; and as they one by one pass to that 
undiscovered country from whose bourn no traveler ever 
returns it is our duty and our pleasure to render to their 
memories that measure of love and respect which their 
service to our country so richly entitles them to receive. 

It is, therefore, a privilege and an honor to-day to 
pay this last small tribute of our love and esteem to the 
memory of a distinguished citizen of my native State, 
my friend and predecessor in this House. 


Memoriai, AonRESSEs: Rki'rkskntativi: Comstoc.k 

The sixth congressional district of Indiana has pro- 
duced some verj' distinguished and honorahle statesmen 
in its day, among them Oliver P. Morton, the great war 
governor, \vho was one of President Lincohi's staunchest 
supporters, and wliosc bust now adorns tlie Hall of Fame 
adjacent to this Chamber. It has from time to time been 
represented in this honorable body by men whose fame 
was as wide as the Nation, and none was more beloved 
and respected in the community' in which he lived than 
Daniel Webster Comstock. His early life was not spent 
in luxurious ease; but he, like thousands of our best men, 
was brought up to work for his livelihood under the 
honest and frugal discipline which prevailed in the homes 
of the good old Quaker stock from which he descended. 
And it was from these sturdy ancestors that he inherited 
that sterling honesty and respect for the rights of otliers 
whicli characterized liis wliolc life and enabled him to 
live through a long, busy, and honorable public career, 
untarnished and unchanged by his contact with the world. 

He received a collegiate education at Ohio Wesleyan 
University, graduating in 18()(), at the age of 20. He 
studied law and was admitted to the bar of the Henrj' 
circuit court at Newcastle, Ind., in 1<S()2. Mr. Comstock 
entered politics at an early age and was elected district 
attorney for the eleventli common pleas district of In- 
diana in 1802. He entered upon tlie duties of his olhce, 
but shortly afterwards resigned his ofhce and, lii<c tliou- 
sands of oIIk r patriots of liis tinie, answci-ed iiis country's 
call, enlisting as a private in the Ninth Indiana Cavalrj', 
altlKtugli lie lia<i Ixcii ollered a conunission as a lii'Uten- 
ant. Iioiu a pri\at< he was promoted from lime to time, 
by reusoii of liis bravery ,itul valiant sci'vices, and scrvi'd 
as sergeant major, first lieutenant of Company F, captain 
of Comi)any C, aixl sul)se(]U(iilly was (h'laih'd as ncting 
assistant adjutant general of tin- First Hrigmle, Seventh 


Address of Mr. Elliott, of Indiana 

Division, of the Military Division of Mississippi. He was 
honorably discharged from the service in 1865. He 
served his country faithfully and well as a soldier. 

While in the Army Mr. Comstock was cited for dis- 
tinguished gallantry for rescuing, under fire, a wounded 
superior officer. While his regiment was covering a re- 
tirement one of the officers was shot and fell from his 
horse. Facing the enemy's fire, Mr. Comstock returned to 
his stricken comrade's side, picked him up, and rode 
away with him to safety. 

After the war was over Mr. Comstock married Miss 
Josephine A. Rohrer, who, with their two daughters, Eliza- 
beth and Clara, and their son, Paul, survive him. His 
military spirit was inherited by his son, who is now a 
major in the National Army and who bids fair to shed 
additional luster to his father's honored name. 

Mr. Comstock's career as a lawyer was that of the aver- 
age successful country lawyer. He enjoyed the con- 
fidence and respect of his community at all times and was 
the possessor of a clientage as good as the average law- 
yer of his community. He served as city attorney for the 
city of Richmond and was elected prosecuting attorney 
for Wayne County, Ind., for two terms. He was elected 
judge of the Wayne circuit court twice, being nominated 
without opposition both times for that office on the Re- 
publican ticket, which in that county was equivalent to 
election. He served as circuit judge for about 12 years, 
and resigned to take a seat on the appellate bench of 
Indiana, serving in that capacity for about 15 years, and 
retiring in 1911. His legislative career consisted of a 
term of four years in the Indiana State senate, and he 
. was elected a Member of the Sixty-fifth Congress, serving 
in that capacity a trifle over two months. It is said that 
it had been his life's ambition to serve his country as a 
Member of Congress, but fate willed that his career in 


Mi;m()riai. Audukssls : Rei'rksf.ntativi: Comstock 

Congress should be short. His services to his countrj' in 
a legislative capacity were limited, and his best services 
were rendered as a citizen, soldier, and jurist. 

Mr. C0M.STOCK was honored in the last years of his life 
by his comrades of the Grand Army of the Republic by 
election to the position of grand commander for Indiana. 
In all of the many positions of trust reposed in him by a 
grateful people he made good and rendered to his con- 
stituents faithful service, and after a long and well-spent 
life he went to his eternal rest, loved, honored, and 
respected by all who knew him best. 


Address of Mr. Dixon, of Indiana 

Mr. Speaker: For the third time during tlie course of 
my congressional service we have held exercises such as 
these upon the death of Indiana Members of Congress. 
Three Members of our State delegation have died in serv- 
ice during that time. First, Abraham Lincoln Brick, the 
young and brilliant Representative from South Bend; then 
our talented and gifted Senator, Benjamin F. Shivelj'; and 
now Daniel Webster Comstock, our learned jurist and 
legislator. Each was taken in the midst of useful public 

It is a custom of this House that those who have died 
in service as Members here should have accorded them 
some memorial of the personal regard and esteem felt by 
those who were associated with them. 

To-day we turn aside from the routine of legislation 
and give voice to our mingled feelings of sorrow and re- 
spect for our late lamented colleague and friend. 

Mr. Comstock was born December 16, 1840, at German- 
town, Ohio, and at the age of 20 graduated from the Ohio 
Wesleyan College, at Delaware, Ohio. After his gradua- 
tion he located at Newcastle, Ind., and entered the strug- 
gle for a practice in his chosen profession, the law. While 
but 22 years of age, he had so successfully proven his 
ability as a lawyer that he was elected district attorney'. 
While occupying this position he resigned the office and 
enlisted in the Ninth Indiana Cavalry. His faithful serv- 
ice as a soldier and his ability, energj', and courage were 
promptly recognized by his superior ofTicers, and he was 
from time to time promoted, and when honorably dis- 
charged from the Army, September 2, 1865, he was acting 
adjutant general of the First Brigade, Seventh Division, 
of the Militarj' Division of Mississippi. 


Memokial Addresses: Representative Comstock 

His iiiilitarj- service ended, he returned to Indiana, and 
in 186G removed to Richmond; and until his death, over 
50 years later. May 17, 1917, continuously resided there. 
In 18G7 he was married, and his widow and three children 
survive him. The same year of his removal to Richmond 
he was selected as city attorney. A few years later he was 
elected prosecuting attorney, and lield the office for four 
years, 1872 to 187G, and his faithful discharge of its re- 
sponsible and multifarious duties gave ample assurance 
and promise of the capable and conscientious manner in 
which he performed the duties of tlie higher office he was 
later called to fdl. He was industrious and studious, and 
these qualities, together with strict integrity and fidolity to 
his client, enabled him to establish a large and profitable 
practice. He was respectful to the court, courteous to his 
opponent, and frank and open in his argunuiil to the jun,-, 
antl witli these exceptional (lualitits combined it is not 
surprising that he succeeded in his profession. 

In 1878 he was elected to the legislature of his State as a 
senator, and rendered honorable and faithful service 
during the four years he occupied that office. Later he 
was elected judge of the Wayne circuit court, and after a 
service of six years was reelected. In October, 1896, he 
resigned as judge of the circuit court to accept a judgeship 
on the Indiana appellate court. This position he filled 
witli honor to his State until January 1, 1911, a period of 
over 14 years. 

As a jurist he liad the respect and confidence of the bar 
and of the people, and liis decisions were always made 
after careful study, niaUiri' dilihiiation, ixteiisivi- rxani- 
ination of authorities, and willi an lumtst purpose lo ren- 
tier a just decision. 

In V.)\'.\ he was silecled as di|)arlni(Tit connnaiidtr of 
the (irand .\nny of the Rei)ublie. Departnuiil of Indiana. 
Tl>is position was of special interest lo him, and he en- 
joyed its opportunities for serviic lo liis comrades. He 


Address of Mr. Dixon, of Indiana 

came into personal relationship with the soldiers of our 
State and renewed the friendships formed in his army 
life. He was always ready and anxious to render service 
for his comrades, and they had for him the highest respect 
and esteem. In 1916 he was elected as a Representative in 
Congress for the sixth congressional district and entered 
upon the discharge of its duties March 4, 1917. 

Scarcely had he begun the work of his congressional 
service when he was called by death from his busy, active, 
and useful life. His services were so short that but few 
had the opportunity to know him intimately. Brief as that 
service was, he showed independence in action, individu- 
ality, and a fixed purpose to follow his matured judgment 
in matters of legislation. Many important matters were 
considered during his brief service, and while slow to de- 
termine his course yet he never hesitated to support the 
policy his judgment led him to believe was best. The 
wishes and opinions of others were considered, but never 

In everj' position he occupied in official life, whether in 
early manhood as prosecuting attorney or city attorney, 
whether in middle life as a senator in the State legislature 
or as circuit judge, whether in later years as judge of the 
appellate court or as a Member of Congress, he so per- 
formed the duties of his trust that liis record was without a 
blot or blemish. 

Our departed friend, a soldier in war and a leader of 
the Grand Army in time of peace, has passed into the in- 
visible land. Many thousands of his soldier comrades pre- 
ceded him and thousands more are following him rapidly 
on that solemn march. The ranks of the soldiers of the 
Civil War are being rapidly diminished by death. But a 
few more years and the last of these brave men will be 
laid to rest and the history of their deeds be but a sacred 
memory; but while they are mortal their deeds are im- 

115072°— 19- 


Memoiuai. Addressks : Hei'UHSentative Com stock 

mortal and will be forever cherished in the recollections 
of a grateful people. 

As a menibcT of the congressional committee appointed 
to attend the funeral of our late colleague I was deeply 
impressed with the liigh esteem in which Judge Comstock 
was held by his neiglibors, as evidenced by their sorrow 
when they turned out to pay their last tribute to their 

The people of his city had honored him in life, and they 
did not fail in his dcalli to hrenthe the tendercst senti- 
ments of affection and sympatliy over his remains. 

The most accurate test of a man's character is the esti- 
mation in which he is held by those who knew him longest 
and best. 

No higher tribute can be paid to a man than to be able to 
trullifuUy say of him at the end of a long life that lie had 
luld until the end the afTeclion and confidence of his 

We to-day attest our islrcin for our late colleague, 
Daniel Webstek Comstock. We point with a just pride to 
a record of an honorable, honored, and jjatriotic man. 
We admiri' liis recortl as a citizen, a soldier, a jurist, and 
public servant. 


Address of Mr. Denton, of Indiana 

Mr. Speaker : It was my fortune to have been quite well 
acquainted with Judge Comstock. I appeared before him 
quite frequently when he was a judge on the bench of the 
appellate court of Indiana, and I also frequently met him 
in a social way. I found during my acquaintance with 
him that we were both graduates of the same college, the 
Ohio Wesleyan University, and this established a bond of 
friendship between us which continued till the time of 
his death. He was a lovable character and always the 
perfect gentleman, and one always felt better after meet- 
ing him. In his work on the bench he was honest and 
conscientious and sought to get at the justice of a cause 
instead of deciding it on legal technicalities. His long 
service on the bench of the Indiana appellate court, which 
continued past the period of life when most men have re- 
tired on account of age, shows the confidence and esteem 
in which he was held by his fellow citizens, as well as the 
vigor of his mind. 

I had frequent occasion to meet him and talk with him 
in the early part of the extra session of tliis Congress, and 
there was a certain bond of friendship and mutual sym- 
pathy between us from the fact that we were partners in 
distress, both going through the experiences that fall to 
the lot of a new Member. He was intensely patriotic and 
loyal, and evinced an interest in public affairs far beyond 
that shown by most men of his advanced age. He was one 
of the most faithful attendants in the House and could 
always be found on the floor, listening intently whenever 
anything was going on affecting the interests of the coun- 
try during those strenuous days following the entrance of 
America into the world war. Indeed, I have no doubt he 


Memokiai. AuDuiissKs: Rt;nu:si:NTATivi; Comstock 

shortened liis life by his faithful and intense application 
to his duties in the strenuous days of the early part of 
the last session of Congress, the most strenuous, let us 
hope, that this Nation will ever experience. 

He has fought a good fight, lias served his countrj' well 
and faithfully, and died in harness. He met his end as 
he would have wished to — fighting for his countrj' in the 
hour of her supreme crisis, forgetting partisanship for 
the time being, and remembering only that he was an 
American. All honor to his memorj'. 

The Speaker pro tempore. It seems especially fitting that 
this audience should be composed so largely of young 
men wearing the uniform of United States soldier)', in- 
dicative of their readiness to go forth and defend the prin- 
ciples of freedom and liberty that have made our country 
all that it is, and it is especially appropriate that here in 
this assembly of Members of Congress are two comrades 
of the deceased Membei', men who have already contrib- 
uted of their life and substance and made their sacrifice 
to the cause of liberty. Of these two I shall now recognize 
the gentleman from Ohio, Gen. Sherwood, and then Com- 
rade Osborne, of California. 


Address of Mr. Sherwood, of Ohio 

Mr. Spe.\ker : I presume I knew Col. Comstock as well, 
if not better, than any Member outside of his own State 
delegation. I met with him on several Grand Army 
occasions. I was with him at a very notable dinner, 
perhaps as notable as was ever held in the Capital, given 
by Senator Page, of Vermont, to the 12 oldest men in 
Congress. At that dinner there was more ancient history, 
perhaps, recited, and as much patriotic history as at any 
gathering ever held in this Capital. 

I can not arise to-day and speak to the memory of an 
old comrade without growing reminiscent. Of the 435 
Members of this House of Representatives, I believe there 
are only three soldiers here now who survive the Civil 
War — Hollingsworth, of Ohio; Osborne, of California; 
and myself. It is a sad reflection that after all of these 
passing years perhaps we are nearing the end of the serv- 
ice of the men who served in that great war, and I can not 
help but call up some of those memories to-day. 

I can see to-day the red-clay roads of northern Georgia, 
hot and baking under the July sun. I can see long lines 
of dusty blue pass by with tattered banners, and under 
their slouch hats I can see the hardy and stem features of 
stalwart men. I can see the fresh earth of the battle fields 
and the unburied dead. I can see Atlanta from behind 
her black-mouthed cannon, and on her bold green hills 
I can hear the roar of 200,000 muskets. And I can 
see Atlanta from a nearer view — I can see above her 
domes and steeples the flag of my country and of yours. 
And if I look back over those 110 days of skirmish and 
battle I can see the graves of 40,000 of our brave comrades. 



We know what this war cost. It was the most peculiar 
war in all historj'. It had features that attached to no 
other war, either hefore or since. In all the armies of the 
Union, numbering 2,212,272 nun from first to last, I never 
heard of a soldier who went insane. It was a cheerful 
war. Now, if you will examine the statistics in Berlin and 
Paris of the soldiers of Germany and of France — 1 have 
not the statistics of England — you will find that 5 per cent 
of all the soldiers that have been in for a year in tliose 
terrible trenches have gone insane. 

Every man who stood behind a gun in our war knew 
just what he was fighting for. And another feature of the 
war was that it was one where the soldiers on the march 
and around the bivouac fires at night sung patriotic .songs 
of their own composition. That never happened before in 
any war on this continent or on the Continent of Europe. 
In the seven years of the American Revolution Ihey did 
not have a patriotic song except Yankee Doodle, and the 
words of it are very simple. It is the music that made 
Yankee Doodle pojjular, so well adapted to the fife and 
the drum. In the War of 1812 there were no patriotic 
songs sung that were written by a soldier; and the only 
one written was written by Francis Scott Key, the Star- 
Spangled Banner, which was not sung until the close of 
the war and was never sung in the war by a soldier. The 
record of the Mexican War docs not show a single pa- 
triotic song tliat was sung. In llu- gnal Civil War wr had 
over 100 i)alriolic songs. 

And one of the other peculiai ities of our war was that 
every soldier was in sight. Tin trenches were only waist 
dcej). In llie war in luirope the armies are out of sight. 

Col. Co.M.sror.K in liis career illuslraled the average 
career of liie soldier. Tluic was more determi- 
nation, more continuity, in that war llian in any war of 
nil time. I.el nir illustrate. On llu llli . if November. 1801, 
t)ur army was niareliing to that desperate struggle at 


Address of Mr. Sherwood, of Ohio 

Franklin, Tenn. It was presidential election day. Tickets 
then were printed. We did not have the Australian ballot. 
The Ohio soldiers were allowed to vote. The tickets had 
been sent to me for my regiment, the One hundred and 
eleventh Ohio, and the One hundred and eighteenth Ohio. 
We were on a forced march that day. I rode back to the 
rear and secured an ambulance, and I appointed three 
private soldiers to go in that ambulance as judges of the 
election. I took an old camp kettle and put it in the ambu- 
lance to receive the ballots, and when we halted, as we 
used to do, about every eight miles, allowed the soldiers to 
vote. And we counted the votes that night by the light of 
a bivouac fire. Now, this was in the darkest period of the 
Civil War. It was only in the preceding August that Abra- 
ham Lincoln wrote a letter, and that letter is now in exist- 
ence, expressing the feeling that he was not going to be 
reelected. He was discouraged about the universal gloom 
that hung over this country. I wanted to give you this to 
illustrate the courage, the fortitude, of the soldiers at that 
time. In the whole regiment, one-third of whom were 
Democrats, with a Democrat, Gen. McClellan, running for 
President, there were only seven votes against Abraham 

We have never had in this country too many men of 
heart and brains and morals and courage in public life, 
and at no period in our history have men of this tj'pe been 
more needed than now. No time in our history has there 
ever been a more urgent demand for just men of courage, 
patriotism, and ability on the floor of Congress. 

Col. CoMSTOCK was a soldier and jurist of this type. 

It was our own poet of patriotism, Fitz-Greene Hallcck, 
who whote, in Marco Bozzaris, this pathetic and heart- 
rending couplet: 

Come to the bridal chamber. Death! 

Come to the mother's when she feels 
For the first time her first-born's breath 1 

And thou art terrible I 


Memorial Adoresses: Ri;i'Ki:sent.\tive Comstock 

But niurc terrible is the loss of a fully equipped man, 
mentally and morally, because liis loss is not only to the 
family, the wife, the child, but to the State. The one loss 
to the other is as the rosebud compared with the full- 
blown rose, grown fragrant and beautiful in God's sun- 
shine. And the example of a well-rounded man, of power 
and influence for the good of his fellow man, does not at- 
tach to the newborn child. 

One of the greatest of Athenian philosophers said: 

Most of all, fellow citizens, if your sons ask whose example 
they shall imitate, what will you say? For you know well it is 
not music, nor the gymnasium, nor llic schools that mold young 
men. It is much more — the public proclamation, the public ex- 
ample. If you take one wliose life has no high purpose and 
crown him in tlie theater, every boy who sees it is corrupted. 
Beware, therefore, Athenians, remembering posterity will rejudge 
your judgment and fliat the character of a city is determined by 
the character of the men it crowns. 

Two thousand years have elapsed since this classic was 
uttered, and it is still vital and valuable. The hope and am- 
bition of our young men of to-day is fostered and fed by 
the character of the men the piople of this Republic send 
into our highest legislative body. Col. Comstock's exam- 
ple is a potent teacher to the young men of his district and 
his State. Example teaches without a tongue. It is silent, 
but its action for good is more forcible tli;m words, how- 
ever eloquent. 

And I must not fail to commend Col. Comstock's j)atri- 
otisni. He won his promotions in battle. i)ut liis patriotism 
was in harmony with the humane theory that the future 
of this country dej)ti)(is more upon tlie virtue and j)ur- 
poses of the people tlian uixui a bannereil army willi shot- 
ted guns. 

Ill Ihc throes of liiMiuiii contention and fierce ambition 
came that migiity conllict of ISfil-lSCr), from which a new 
nation^was born, and now, after long years, when tlu' bit- 


Address of Mr. Sherwood, of Ohio 

terness of strife has vanislied and we can calmly recount 
the common deeds of valor and devotion, the immortal 
flower song of the young English poet, James Collins, of 
over a century and a half ago, comes as a sweet solace to 
blossom in our hearts and lives: 

How sleep the brave who sink to rest. 
By all their country's wishes blest? 
When spring with dewy fingers cold 
Returns to deck each hallowed mold, 
There honor comes a pilgrim gray 
To bless the turf that wraps their clay. 

Never before has there been such a spectacle in all the 
ages, since history was born in the womb of the dead cen- 
turies, as when on Memorial Days, with the rose and the 
lily North and the lotus and the magnolia South the men 
who wore the blue and the men who wore the gray clasp 
hands in fraternal kinship, remembering that God is good, 
and consecrating themselves to fraternity and unity and 
a mighty future. 


Address of Mr. Osborne, of C.\lifornia 

Mr, Speaker: While I had known of the high character 
and exalted reputation as a jurist of Judge Daniel Web- 
ster CoMSTOCK, of Indiana, for many years, it was not my 
good fortune to make his personal acquaintance until I 
met him in this Chamber in April last. I had known that 
Judge CoMSTOCK was one of the four Union soldiers of the 
Civil War elected to the Sixty-fifth Congress; that he held 
a place of very great respect in the national membership 
of the Grand Army of the Republic, and I had written 
him from my home in California that I was looking for- 
ward willi anticipations of pleasure to meeting him per- 

Tliat pleasure was realized on this floor on the historic 
2d day of April, 1917, wlieii tlie Sixly-liflh Congress met in 
the extraordinary war session. 

Judge Comstock's personality was most prepossessing. 
It was marked by geniality, kindness, and frankness of 
thought and expression. It was easy to see wliy he com- 
mandtd sucli universal respect and affection. 

During the few months (liat we were privileged to enjoy 
his membership of the House of Representatives it was 
my custom to cxcliange views with liini almost daily on 
the grave cpiestions then before Congress. Ills mind was 
rich in the fruits of study, knowledge, and experience, and 
his heart glowe«I with the same uncpienchable fires of 
l)alriotism and love of country wliich inspirit! him in his 
young manhood to serve iiis country as a gallant cavalry- 
man in the Ninth Indiana. I am glad to acknowledge 
dial I received from liis riiie intelligence and lofty na- 
tional ideals many inspiring suggestions as to the best 


Address of Mr. Osborne, of C/U.ifornia 

service which might be rendered to our country in the 
present time of stress and war. 

I am glad that I knew Judge Comstock. I admired and 
loved him while living. Our American Nation is enriched 
by the lives of men like him. The memory of his exalted 
character, his services in the tented field, and later as a 
learned jurist and wise legislator, is a glorious part of our 
heritage as American citizens. Wise, brave, and honest 
friend and comrade, hail and farewell! 

Mr. Elliott took the chair as Speaker pro tempore. 


Address of Mr. Barnhart, of Indiana 

Mr. Speaker: To have been a soldier who fought in 
defense of his countn,' and fought in sucli a way as to 
merit promotion from the ranks to commanding ofTicer, 
and a citizen who was elected district attorney, prosecut- 
ing attorney, circuit court judge, appellate court judge, 
department commander of the Grand Army of the Re- 
public, and Congressman, is a substantial and unusual 
reward of merit for any man. Add to these honors the 
esteem of a community which knew him for lialf a cen- 
tury and the love of a devoted family and you have a 
word picture of a typical Indiana citizen — Daniel Web- 
ster Com. STOCK. 

Unfortunately for me, Mr. Comstock's service in Con- 
gress was of such short duration that I had only a passing 
acquaintance with him, but I saw and hoard enough of 
him to most favorably imjiress me with his earnestness 
and his patriotism. While old in years he was new in 
Congress, and therefore he did not actively participate in 
proceedings while here, but wlien be tlid speak he com- 
manded marked attention and profound respect, for the 
membershij) saw in iiim tiie pronounced elements of a 
good mail and a ripe scholar. 

It will mailer lillh- ill llu' day "f judKnu'iil — 

Says llic aulhui' of .biiiii iiifilcsMiit — 

by wbut name you have lii'cii lallid, wiutlur Catholii- or I'rolcs- 
tant, Jesuit or Jansenist, Jew or Gentile. These and sinulnr things 
are mere accidents of birlli and circumstance. But it will niatler 
Kreatly wliellier, having chosen your part, you follow it faithfully 
to the end. 


Address of Mr. Barnhart, of Indiana 

Abraham Lincoln once said : 

I am not bound to win, but I am bound to be true; I am not 
bound to succeed in all that I undertake, but I am bound to live 
up to what light I have; it is my duty to stand with anyone who 
is right, stand with him as long as he is right, and part with him 
when he goes wrong. 

My brief acquaintance with Mr. Comstock led me to 
believe that his standard of life was in harmony with both 
the foregoing tests of good citizenship, and if I am right 
in this estimate his career as husband, parent, citizen, 
soldier, jurist, and statesman is a more eloquent eulogy 
on a life well spent than any I could pronounce. 

But in these times, when the life of our Nation is in 
danger and a cruel war is raging, the soldier phase of the 
deceased's life record furnishes special inspiration for en- 
comium. War is a dreadful thing, and the man who quits 
the peaceful pursuits of life and happiness to bare his 
breast to the shafts of death for his country's sake em- 
blazons his own glory on the scroll of fame. He says 
good-by to home and family and friends; he lays down his 
well-begun endeavor to make a financial success of life 
in such a way that he is sure to be loser when he returns; 
he braves the danger of physical hardships, disease, home- 
sickness, and injury or death at the hands of the enemy, 
and does it without any hope of reward, except the con- 
solation in the coming years that he did his duty. 

And I wonder if we who remain at home fully appre- 
ciate the sacrifice a man makes who goes forth to fight for 
his country. I doubt it. I see too many evidences that 
some of us want to make money out of the countrj^'s mis- 
fortune which necessitates the dying of soldiers at the 
front. I see evidences that many of us refuse to make any 
sacrifices of money or pleasure or comfort to show our 
fighting legions that we are arm in arm with them in self- 
sacrifice, that they may be as comfortable, healthy, and 


Memohi.\l Addresses: Representative Comstock 

safe as possible. A luinous general and celebrated hu- 
manitarian has declared that we ought to quit our social 
pleasures until we are sure that tlir lives of our soldier 
boys are out of danger and that we ought not to dance 
and " high-ily " socially while the brutal dagger of an 
enemy is being aimed at the hearts of our boys and the 
blight of destruction of liberty is darkening the sunshine 
of life itself. Oh, if we could only realize what the old 
soldiers, like the one we honor here to-day, know of the 
horrors of war, not only on battle field but in the sufl'ering 
ever after by those who are touched by its dreadful bru- 
tality, we would more fully appreciate the blessings of life 
in a land of the free. Most of us live in an air of self- 
asserted divine right, oblivious of the fact that our splen- 
did country and its matchless institutions are such as the 
result of misery and death in many hard-fought battles 
for freedom. This is no time for pleasure seeking and 
money grabbing by those who do not have to fight; and 
if Daniki. Comstock were on this floor with his comrades 
and colleagues to-day he would join them in emphatically 
approving what I am saying. 

I know what it is to say farewell to a manly boy as he 
leaves for the front. On a lovely morning last summer I 
arose in a home made such only in name by a visitation 
of death and accompanied a splendid young fellow to a 
railway station where he was to take an early morning 
fniii) for the far West to enter U]ioii the gruesome but 
piilriolie (hily of drilling men to liglil to kill in order that 
our country may live. I was greatly inspired by his cliccr- 
fiil courage in leaving his boyhood home, of so many 
pleasant memories, to go, God knows wliere, to risk 
his life that others may live free from oppression. And 
when the train came I said to liiin: " Good-by, fine boy. 
Go<l bless you and keej) you .nid iuiiiLj you in llir full 
sjjiril of honor and in:ii)li(i(P(I liniglit you liy yinii iimlhi r." 


Address of Mr. Barnhart, of Indiana 

And when I saw him comfortably seated in the train I en- 
tered my auto and drove home. And as I went the black 
gloom of despair seemed to engulf me until I suddenly 
aroused to the realization that to our principles of liberty 
I owed the happiness and prosperity of me and mine, and 
I said, with an unction of soul never before felt: 

Our Father's God to Thee, 

Author of Liberty, 
To Thee I sing. 

Long may our land be bright 
With Freedom's lioly light; 

Protect it by Thy might, 
Great God, our King. 

At Mr. Comstock's funeral, at Richmond, Ind., I heard 
many tributes from neighbors and friends to his splendid 
citizenship and his earnest patriotism. I heard a former 
illustrious Member of this House, Hon. Henry U. Johnson, 
give eloquent public testimony to Mr. Comstock's worth 
to his community and to his country, and I saw a great 
concourse of people bow in silent resignation to the inevi- 
table as Mother Earth closed over all that was mortal of 
our beloved colleague. And as we turned and slowly 
started back, to serious responsibilities for the living, we 
all silently and reverently invoked the benediction : 

Peace to his ashes and honor to his memory. 


Address of Mr. Wood, of Indiana 

Mr. Speaker: I shall never forget tiie first time I saw 
Judge CoMSTOCK. It is now more than a quarter of a cen- 
tury' ago. It was at Indianapolis, the occasion being a 
Republican State convention. His personality and his 
figure were so marked that you would pick him out, no 
matter how large the concourse of people. Tall, straight 
as an Indian, with high cheek bones, aquiline nose, and 
prominent features, to my mind he was a present-genera- 
tion representation of the old Roman tribune; and 
throughout his long life, active as it always was, he main- 
tained that same activity of body up to tlie very time of his 
death. The last time that he ever vi.sited this Capitol he 
walked up here from his hotel, the Dewej', on the morn- 
ing of that day, and as I saw him coming into the House 
OfTice Building he seemed to walk with all the agility of 
young manhood. 

His type is rapidly passing; and, as has been suggested 
here, in his passing is to be found a most forceful re- 
minder — with what a heavy hand mortality has laid itself 
upon the survivors of the Civil War! For a long time 
after tlu' close of the C.i\\\ War (liis body was dominated 
by the veterans of tiial war. and for many years there- 
after tliey were a power in llie legislation of tliis country. 
One after another they have passed away until to-day 
there is a very small remnant of them left. There were 
five elected to (lie Sixty-fifth Congress. Two of them arc 
gone. I am happy to find here to-day. paying tribute, two 
of tliose wlio rcinaii). Not long will it be until llie vet- 
erans of till- Ci\ il wilii us will ln' t)nly a memory. 

buhan:! loiiliiliulcd lo lli:it j^icat condiil 2'JI.(MK) men. 
I'ivc thousund nf tliciii answered Ihc last e.ill last vcar. 


Address of Mr. Wood, of Indiana 

But 18,000 now remain. Every 15 minutes of time an- 
nounces the death of a soldier of the Civil War. So, as 
I say, not long will it he until with us they will be only a 

Throughout his long career Judge Comstock was most 
active in the affairs of life. Verj' nearly one-half of his 
lifetime was spent in public office, in the discharge of 
pubhc duties; and to my mind it is one of the greatest 
tributes that can possibly be paid to his manhood that he 
should have been so highly respected not only by the 
people of the community in which he lived, and honored 
bj' them, respected not only bj^ the State to which he gave 
so much, and signally honored by that State, but at last 
respected bj' the United States. 

True, he was permitted to give only a small measure 
of his time and ability to the Congress of the United States. 
Yet what little he did give was evidence of the fact of his 
willingness to do and his capacity to perform. On the 
three or four occasions when he spoke before this body 
upon questions that were of most vital importance and 
concern to the country' he was listened to with attentive 
ears, and the words of wisdom that came from his lips 
found lodgment in the hearts of the men he addressed 
because of the sincerity which they well knew prompted 
their speaking. 

Throughout all the busy life of Daniel W. Comstock 
there was ever with him that natural human desire for 
companionship, for the mingling with his fellow men, and 
his friendships were strong and true. When I went to 
Richmond to attend the funeral I saw among those who 
came to pay the last tribute of respect Judge Joseph M. 
Rabb, of Logansport. They were old friends; they had 
been soldiers together and jurists together, friends ever; 
and I thought if ever there was a true tribute of respect 
paid it was paid by Judge Rabb, for he had traveled far 

115072°— 19 3 [33] 

Mkmoui.u. Ai)1)1u;ssi;s : l^i;i'iu:si;NTArivi: Comstock 

to pay this tribute. Many a time have I been regaled in 
listening to those two men, bantering each other with 
good-natured jokes and jests, and the bright humor and 
sharp repartee that passed between them was ever a 

The tribute that was paid to Judge Comstock by Henry 
U. Johnson, one of the most eloquent men that the State of 
Indiana has ever produced and one of the most eloquent 
men whose voice was ever heard in this Chamber, on tlie 
occasion of the funeral exercises in Richmond, I thought 
was most remarkable. It was not one of those fulsome 
tributes that are too often paid to the memory of men who 
are dead, but it was a recital to those old friends and 
neighbors and acquaintances of Judge Comstock's life as 
it was, as it had been spent among them, and as they all 
knew it; and I felt that here is a tribute to a man that 
should be cherished forever by those of his kindred and 
friends left beiiind. for it was a most worthy tribute to a 
splendid character. 

As that day we wended our way through the winding 
streets of that beautiful cemeterN- where we laid him away 
to rest among those wlio had passed before him, of his 
friends and accpiaintances, I felt that it was a most lilting 
receptacle for all that was mortal of our colleague and 
friend. There we laid him in the shade of two forest trees 
that will stand as vigils over his grave for many years to 
come, and through tlieir bougiis a requiem will be chanted 
to his memory by each passing breezA*. There he rests, 
and rests well, after long years of active service. He died 
as all of us shoidd wisii to dii — in file full jiosscssion of an 
active body and strong menlalily. Ocatli at such a lime is 
a lilting crown to lifi". 

Mr. Rarnharl n sunicd tin eliair as Sjjeiiker |)ro lini- 


Address of Mr. Moores, of Indiana 

Mr. Speaker: Daniel W. Comstock was a fine type of 
the first generation of children born in wliat had been the 
old Northwest Territory. The pioneers who came across 
the Alleghenies to build homes in the wilderness were 
the sturdy, adventurous sons of the most vigorous of the 
old colonial stock. They came in almost equal numbers 
from the northern and southern colonies and were men of 
courage, force, and determination, and largely of good 
education. In their associations in their new homes they 
were not in any way sectional, but from the very first inter- 
married with families of pioneers who had come from 
colonies far removed from their own places of birth. 
Many of the pioneers had served in the American Revolu- 
tion, as had also the fathers of most of the others. 

Judge Comstock was born in 1840, at Germantown, mid- 
way between Dayton and Hamilton, Ohio, and was the son 
of a reputable physician, Dr. James Comstock, of a colo- 
nial family famed for its achievements in medicine, chem- 
istry', and physics, born in Connecticut, himself the son 
of a soldier of the Revolution. The mother, Mary Wade 
Croke, a native of Virginia, was the daughter of Richard 
Croke, a native of Ireland, who came of a family of law- 
yers and jurists justly eminent in the English and Irish 
courts from the time of Iving Henry VIII. 

Daniel W. Comstock was graduated in 1860 from Oliio 
Wesleyan University, at Delaware, Ohio, where he was 
contemporary with the poet John James Piatt, for years 
librarian of the National House of Representatives. A 
year later he located in Indiana and was admitted to the 
bar. In the summer of 1862 he was elected district attor- 
ney for the common pleas, and shortly after was tendered 


Mr.MOKiAL Ai)[)Hi:ssns : Representative Comstoc.k 

by Gov. Morton a coniniissioii in the volunteer forces, 
which he refused on the ground that he had assumed the 
duties of prosecutor. The reverses of the spring of 1863, 
however, convinced Com.stock that his duty to the Nation 
was more urgent than that he owed his State, and. willing 
and glad to respond to the call for more men, he resigned 
his office and enlisted as a private in a veteran regiment, 
the Ninth Indiana Cavali-j'. His regiment was a figliting 
one and was many times in action on the battle Held. By 
rapid successive promotions he became sergeant major, 
first lieutenant, and captain in the line, and after the end 
of the war served for several months as brigade assistant 
adjutant general of the Seventh Division of the Military 
Division of Mississippi. Finally, discharged September 
18, 1865, he returned to Indiana, took up law practice 
in Richmond, and marrietl Ihc wife who now sur- 
vives him. Almost at once lie was chosen city at- 
torney of Richmond and was elected prosecuting attor- 
ney in 1872 and again in 1874. He represented Wayne 
County in the State senate from 1878 to 1882. In 
1884 he was elected circuit judge and served for 12 
years, resigning in 18% to accept a seat on the bench 
of the appellate court of the State, where he served 
until January, 1911, having been elected three times 
a judge of tlii' appellate court of Indiana. He was de- 
partment commander ol liie (irantl .\rmy of the Republic 
for his State in 1913, and in 1916 was elected Representa- 
tive in Congress from his distriil, wliii li his parly had not 
previously carried ft)r years. 

It is the privilege of few men to give as many years to 
the service of their communities, llie Slate, and liie Na- 
tion as was tile forluiu of our late associate. .\s soldier, 
lawyer, legislator, and jurist he serve<i eoMsi)icU()Usly, 
faitiifuliy. and eniiilably for praclieally the entire |)iriod 
of ills Mianliood l)v a clean life, zealous devotion to dtilv, 


Address of Mr. Moores, of Indiana 

and sterling honesty, avoiding even the breath of scandal 
or the suspicion of wrongdoing. 

From the story of his life the first and greatest lesson 
to be learned is that of service. 

At the very outset of his career in his chosen profession, 
honored by being given an ofTice which otfered a most en- 
viable opportunity for achieving distinction in his pro- 
fession, he cheerfully gave it up to go to the front as a 
common soldier, although, at a time when men were not 
so sorely needed, he had refused military command. En- 
tering as a raw recruit a veteran cavalry regiment, the jest 
and byword of his more experienced comrades, he had the 
good fortune to be sent almost at once into one of the 
fiercest battles of the Civil War and to cany off from the 
field of battle under a steady fire from the enemy the body 
of his commander, wounded almost to the death. Re- 
peated acts of heroism during a campaign of rather more 
ttian a month of hard fighting won for the recruit his first 
promotion, and the others speedily followed in the rapidly 
changing panorama of the latter months of the war. Such 
was the esteem in which he was held by the people of his 
city, his county, his circuit, his district, and his State that 
Judge CoMSTOCK met a constant demand for public serv- 
ice and was given scant opportunity to take rank in his 
chosen profession, the law. 

He was a man of fine presence, with courteous and en- 
gaging manners. His opinions as a judge are clear and 
concise, without any attempt at rhetorical expression; 
they briefly state the facts, the issue, and the principles 
of law involved in the decision, with abundant and apt 
reference to authority. He never criticizes counsel, nor 
does he inject into his opinions lengthy discussions of 
broad legal questions in onlj' a general way applicable 
to the matters at issue. They are as a rule of little interest 
even to lawyers, but in form and expression they arc ideal. 


Mk.mcihiai. Addkkssks : Hi;i'Iu:sentative Comstock 

He was a ready, fluent, and forcible speaker, but never 
wearisome; and his oratory possessed imagination and 
poetic expression. During his sliort service in the House 
he spoke but three limes, and then briefly — on April 14 
(page 673), supporting the emergency bond issue; on 
April 27 (page 140.")), advocating the enlistment of volun- 
teers in preference to conscription; and on May 3 (page 
1774), supporting an amendment to the espionage hill. 
From his si)ccch of .Vjjril 27 1 quote: 

Having grown up in the bcliif one who makes to his coun- 
try the oITering of his life should live ever after in its grateful 
memory * * * the impression formed in youth has been 
emphasized by reading. • • • 

On fateful fields of the Republic monuments are erected, on 
which are raised, in bronze and marble, figures of the volunteer 
soldier and sailor, in honor of the defenders of our common 
countrj' — not to the conscript. The volunteer system has been 
characterized on the floor of the House as archaic, and even as 

High praise has been given to the volunteers of 18G1. They 
were volunteers, without distinction of age or sex. On both 
sides of the line men, women, and boys entered into honorable 
rivalry in aiding the cause in which they believed. 

"The wife whose babe first smiled that day. 
The fair young bride of yester eve, and matron gay, 
And aged sire, all saw loved warriors liaste away. 
And deemed it sin Id grieve." 

The result of that spirit, the hearty discharge of duly, con- 
verted an age which had become commonplace and sordi<l into 
one of heroism and self-denial. 

Archaic is of (ireek origin and means old. I admit tlie charge. 
The immortal 300 who defended the famous pass; Horatius, who 
hehl the bridge; Curliiis, who threw himself into the l)rea<-li to 
save his country; the young .\merican who fired the sliol heard 
"round the worlil "; the lieroes of Concord and Lexington; the 
men who fought with Warren at Runker Hill; the victors at Kings 
Mountain; those who gave llie llornels Nest its name; 1-rancis 
Marion, the swamp fox; the ilh Ui\. illy clolhed. mmcI pooiIn paid 


Address of Mr. Moores, of Indiana 

men who constituted an army — an array in name only — and 
followed the Father of his Country through the vicissitudes of 
the Revolution until privileged to see the banner of the proud 
mother country lowered to her victorious and rebellious sons; 
and the brave men who died in defense of the Alamo were volun- 
teers. It has been truly said that all our wars, practically, have 
been fought and won by volunteers. All that is past — it should 
not be forgotten. * 

In the great war in which we are engaged we are going to 
furnish, either as volunteers or conscripts, or as both, all the 
men necessary to its successful prosecution. In essentials we 
are all standing by the President; and the only question now is. 
Shall the armj- be raised by the volunteer or conscriptive system? 
All are agreed as to the end, but differ as to the means. • * * 

A reference to the first American, the only Washington, always 
awakens interest and commands respect. This is due to the fact 
that we cherish his memory with religious gratitude. In what- 
ever position or attitude history presents him, we look upon him 
with veneration and affection. As just as Cato, without his 
austerity; as brave as Caesar, without his sinister ambition, what 
views he expressed upon any subject are accepted as almost con- 
clusive. The letters of the great Washington read by my dis- 
tinguished friend from California on the subject must be read 
in connection with the times and conditions under which they 
were written. That time was when the country was impover- 
ished, when Tories were busy in conspiracies and work against 
the colonies, and the future of the struggling Republic looked 
dark. Bad men were sowing dissensions in the colonial ranks, 
attacking even the character of their unselfish leader, challenging 
his integrity as a man, and denying him merit as a soldier. Such 
conditions do not exist here. « • * 

Certainly it is proper to take into account the spirit of the 
men, as soldiers, who offer without compulsion to serve, and 
those whose service is enforced. Heretofore we have thought 
it worth while to permit men to volunteer and serve their coun- 
try as units, continuing the associations of civil life; boys that 
grew up on adjoining farms, perhaps attended the same school, 
to continue the associations in the same regimental and company 
units. It has worked well in the past. The proposed conscrip- 
tion does not contemplate the continuance of these relations; and 
men and boys, however intimate and close their associations 
were, may be separated and sent to widely different fields. 


Mkmoiuai. Addhksses : Hr.i>ui;si;NT\Tivi-: Comstock 

Service in war in defense of our representative Government is 
a duty, but it need not be devoid of sentiment. Willi the service, 
if we would make it most effective in connection with the dis- 
charge of duty, may also go along the amenities of war, the com- 
radeship growing out of mutual toil and suffering; the " martial 
courtesy which lends to danger grace, to valor pride"; relieving 
and mitigating its sad offices. * ' * 

To-day we mourn one ripe in years, who, after a lonf» 
life devoted to tlie service of others and crowded witli 
honors, has heen taken for higher duties. In life he had 
our trust, our utmost confidence in his integrity, our love — 
and we shall long remember liini as a brave, modest, 
courteous, kindly. Christian gentleman. 

Of him we can say as a great poet said of one of our 
greatest captains: 

Glory and honor and fame and everlasting laudation 

For our captains who loved not war, but fought for the life of 

the Nation; 
^^'ho knew that, in all the land, one slave meant strife, not peace; 
Who fought for freedom, not glory; made war that war might 


Glory and honor and f;inie; the beating of muffled drums; 
The wailing funeral dirge, as the flag-wrapped collin comes; 
Fame and honor and glory; and joy for a noble soul. 
For a full and splendid life, and laureled rest at the goal. 

But hiltei- lliaii iiiailial woe. and the pageant of civic sorrow; 
Better than praise of lo-day, or the statue we build to-morrow; 
Better than honor and glory, and history's iron pen, 
Was the thought of dutv done and the love of his fellow men. 


Address of Mr. Fairfield, of Indiana 

Mr. Speaker: The splendid tributes of respect that have 
been paid to the meinorj' of Judge Comstock by gentle- 
men who knew him but confirm the impressions that were 
made upon my mind in a very brief association with him 
in this House. Perhaps the strangeness that is common to 
us all when first we are permitted to enter the House, 
drawn from a continental area representing 100,000,000 
of people, was as strange to him, though aged, as to us, 
for every new experience puts a new stamp upon a man, 
and no sooner is it given than it seems as if the whole 
concourse of events had been directed to that end. My 
first meeting with our colleague was in Indianapolis, just 
a few weeks before the assembling of Congress — simply 
a passing touch; and yet, having known something of his 
public career, I became immediately interested in his 

When he came here his striking figure challenged the 
attention of all. The gentleness of his manner, the kindly 
quality that characterized his speech, together with the 
care with which he uttered his judgments, signified to me 
that the habits of his life had been the habits of a thought- 
ful man. No doubt all of us in these times are moved 
with any allusions to the soldier life. I can understand 
that all the things that draw men together are experi- 
enced bj' the soldier; a common thought, a common in- 
terest, a common suffering, a common sacrifice. To my 
mind there has been to-day the thought of the deeper cur- 
rent that ran through his life historj'. I was but a child 
of 5 when the Civil War broke out. To me it is scarcely 
a memory. Indistinct, far away, as if from another age, 
there comes a slight memorj^ of troops parading and of 


Mi;muiuai. Ai)I)I(i; : lii;i'Ui;.si-M.vnvE Comstdck 

having been led by my father in safety beside the cavalrj-, 
and then I remember, too, on two or three other occasions 
indistinctly how my childish heart was stirred by martial 
music and the tramp, tramp, tramp of the boys as they 
marched away. 

Tlu' years that have intervened, however, have made 
incarnate some of the phases of that mighty struggle, and 
the recent experiences in my home have intensified and 
deepened the significance of it all. When that call came 
from President Wilson in our recent Mexican trouble, out 
from my own home one young man, strong, and loving 
liberty, gave himself to his country only to come back to 
be carried out to the hill beyond the town to wait the 
resurrection morn. Ah, men, 1 have counted it an honor 
that his grave should be marked with a simple stone that 
is given to the private. The deeper current had run 
through the thought of that young man's life, and he and 
the older man would not have been strangers had they 
met here on the floor of this House. It was fortunate that 
Daniel W. Comstock was permitted to have a part in that 
great struggle in the great Civil War. to be a determining 
factor in seeing to it that the principles which have made 
this Government possible in perpetuity were made safe 
by liie sacrifice of liis lime, his talent, and the endanger- 
ing of his life. 

The name of Oliver P. Morton has been nienlioned upon 
the fioor of this House to-day. In one of the keenest 
fought political bailies of all the stress of thai war Oli- 
ver P. Morion wiiit lufori' the people of our Slate and 
said : 

Till- Conslituliiin :m«l liiws <•{ the I'nilcil -Slali-s nin-rali- imiiic- 
(liaU-ly anil dirtillv upon tlu- iiuliviilual anil not upon tlu- Slalc 
and as if IIuto wire no States inliTviMiins. 

Hi- .suceerdt (I ill liiat idiilliel, ;iii(l iu> iloiii)! I)\.\ii;i. W. 
Comstock worked to liu < ii<l lli:it that i)rinciple might 


Address of Mr. Fairfield, of Indlvna 

obtain in human government; and after the lapse of more 
than 50 years to be permitted upon this floor to vote for 
bills that make it possible that this war shall be effi- 
ciently conducted was but a vote in harmony with the 
convictions of a lifetime. Fortunate, indeed, was his 
entrance into the Congress of the United States. He was 
wise, careful, dignified, kind, gentle — one of the old 
school; aged, indeed, but not decrepit, but retaining the 
fierce fires intellectually of his youth, held by the firmness 
of his judgment and directed effectively in the doing of his 

May I not in passing say that perhaps the aged are not 
appreciated as they should be? I know no benediction 
like that of the young man coming close to the man of 
age, worthy, of high ideals, strong and yet tempered by 
his experiences — no greater benediction can come to any 
young man. So I have sought to know the older men of 
the House, perhaps reckoned among them, and yet with 
more than 20 years between Mr. Comstock and myself. 
May we not prize to-day the opportunity to have listened 
to the recounting of the experiences of his life? We have 
come here from strangely differing communities. We 
have known each other for but a short time, and yet the 
membership of this House has been tied together by a 
common experience, by the mighty responsibilities that 
have been put upon the individual Members, in a way 
that could not have occurred probably in several sessions. 
I felt a little diffident even about speaking to-day, because 
I had not known Mr. Comstock intimately. But after 
having heard gentlemen talk who knew of his career I 
shall feel that in a sense I knew him. I felt, even in the 
short acquaintance, that I could learn to love and respect 
permanently the life that was behind him, because he 
bore in his attitude toward men and in the manner in 
which he addressed this House evidence of a cultivated 
mind and a gentle spirit. 


Address of Mr. Pirnell, oi Indiana 

Mr. Speaker: For many years I have known of Judge 
CoMSTOCK as a soldier of llio Civil War, as a commander 
in that great struggle, as prosecuting attorney, as circuit 
judge, as appellate judge, as department commander of 
the Grand Army of the Repuhlic, and as one of the leatling 
citizens of the great State of Indiana. 

I do not recall that I ever saw him or knew who he was 
until the 2d day of April. 1917. when we. as new Memhers- 
elecl, marched down this aisle together to take the oath 
of office as Members of this body. I was attracted to him 
then and have since learned Id know and love him. His 
tall, stately form, his keen sense of humor, his ability as 
a lawyer and jurist, his record as a soldier, and the gen- 
eral big-heartedness of the man combined to make him 
distinctly fascinating. Another fact entered into our brief 
comradeship. He and I represented the two extremes of 
age of the Indiana delegation, he being the oldest Member 
and I the youngest, in fact, with two or three exee|)lions, 
we represented the same extremes in the entire House of 
Representatives. When 1 nfer li> his age I do not mean 
to suggest thai he was old, i'xei|)t in years and experience. 
To do so would do a great injustice to his memory. He 
was excei)lionally young in mind and actions. 1 have 
observed thai many jx'ople li\i in llu past ])i()|)oi'lionalely 
as they advance in years. It was not so with him. .lutlge 
CoMSTOCK was a student of modern (jueslions. He re- 
ferred to till' past only liial he might prolit by llie experi- 
ence it gave him and thereby build tiie betti r for the 
fuluic. He was intensely inleresled in the success and 
conduct of Ibis war. His oidy icgiel, as expressed to me 
many times, was that he could not shake olT the-.'iO years 


Address of Mr. Purnell, of Indi.\na 

that have come and gone since he served on the field of 
battle and give again to his countrj' the same service he 
rendered then. 

I attended his funeral and observed the high and exalted 
place he held in the hearts of those who knew him best. 
His friends and neighbors loved and respected him. To 
my mind this is the real test of the man. I helped to 
carry his lifeless form to its last resting place. When we 
reached the hallowed spot I thought I had never seen a 
more wonderful setting. Between two stately trees on 
the crest of a sloping hill we laid him to rest, and there he 
sleeps in a cemetei*j' covered with beautiful grass and 
foliage and shaded by majestic trees. It looked more like 
a natural park than a city of the dead. What a fitting 
end this was to a busy and successful life. To die in the 
harness, so to speak, in possession of all one's faculties 
and at the end of a long and useful life should be the 
ambition of every man. Such a life can not end with 
death. Such was the life of our departed colleague. His 
State and Nation could ill aflford to lose him. His services 
to both will long be remembered and appreciated by a 
grateful people. 

The Speaker pro tempore. Under the special order 
authorizing these services, the House now stands ad- 

Accordingly (at 1 o'clock and 32 minutes p. in.) the 
House adjourned to meet to-morrow, Monday, Februaiy 
18, 1918, at 12 o'clock noon. 


Proceedings in the Senate 

Saturday, May 19, 1917. 

A message from the House of Representatives, by D. K. 
Hempstead, its enrolling clerk, communicated to the Sen- 
ate the intelligence of the death of Daniel \V; Comstock, 
late a Representative from the State of Indiana, and 
transmitted resolutions of the House thereon. 

The Presiding Officer. The Chair lays before the Sen- 
ate resolutions of the House of Representatives, which 
will be read. 

The Secretary read the resolutions, as follows : 

In the House of Representatives of the United States, 

May 19, 1917. 

Resolved, That the House has heard with profound sorrow of 
the death of Hon. Daniel W. Comstock, a Representative from 
the State of Indiana. 

Resolved, That a committee of 15 Members of the House, with 
such Members of the Senate as may be joined, be appointed to 
attend the funeral. 

Resolved, That the Sergeant at Arms of the House be authorized 
and directed to take such steps as may be necessary for carrying 
out the provisions of these resolutions, and that the necessary ex- 
penses in connection therewitli be paid out of the contingent 
fund of the House. 

Resolved, That tlie Clerk communicate these resolutions to the 
Senate and transmit a copy thereof to the family of the deceased. 

Resolved, That as a further mark of respect this House do now 

Mr. New. Mr. President, it is with great sorrow that I 
have to announce to the Senate the death of Hon. Daniel 
W. Comstock, a Representative in Congress from the 
sixth congressional district of Indiana. Judge Comstock 
served his State loyally and gallantly as a soldier of the 
Union in the great Civil War and at various times has 


Mi^.MoHiAi. AoDHLSsiis : Rei'Iiesentativh Comstock 

served his State with lionor and distinction on tlic bencli 
of its higher courts. He was gallant and brave as a 
soldier, efficient and distinguished as a jurist, and was 
serving lionorably and with credit as a Representative in 
Congress at the time of his unexpected deatli. 
. Mr. President, on some future day I shall ask the Senate 
to designate a time at which appropriate tribute may he 
paid to the memory of the deceased Represesentative. 
For the present I offer the resolutions which I send to the 
desk and ask for their adoption. 

The resolutions were read, considered by unanimous 
consent, and agreed to, as follows: 

lU'solued, That Ihc Senate has heard with deep sensibility the 
announeeiiient of the death of Hon. D.\Nn:L W. Co.mstock, late a 
Representative from the State of Indiana. 

Resolved, That a coniinittee of five Senators be appointed by 
tlie Chair to join the committee appointed on the part of tlie 
House of Representatives to attend tlie funeral of the deceased in 
Richmond, Ind. 

Resolved, That the Secretary comniunicatc a copy of these reso- 
lutions to the House of Representatives. 

The Presiding Officer, under the second clause of tlir 
resolution.s, appointed as the committee on the part of 
the Senate Mr. New, Mr. Watson, Mr. Fernald. Mr. 
Thoma.s, and Mr. Hardwlck. 

Mr. Xi;w. Mr. President, as a further mark of respect l<> 
the memory of the deceased IU'|)r(S(iil:iti\c I movf tliat 
the Senate adjourn. 

The motion was unanimously agmti tn; and (at 2 
o'clock and fif) minutes p. m., Saturday, May 19, 1017) the 
Senal<- adjdiiiiicd iinlil Mdiiday. May 21, 1917. :il 12 n'rlock 

MoxoAV, I'cbrnanj 2'i, 1.019. 
Mr. Ni.w. Mr. Prisidtiit, I disirc to give notice that on 
Sunday next. Marcli 2. al tht cunclusion nf llif eulogies on 


Proceedings in the Senate 

the late Senator Husting, of Wisconsin, and the late Rep- 
resentative Davidson, of Wisconsin, I shall ask the Sen- 
ate to consider resolutions on the life, character, and pub- 
lic services of Hon. Daniel W. Comstock, late a Repre- 
sentative from the State of Indiana. 

Sunday, March 2, 1919. 
(Legislative day of Saturday, March 1, 1919.) 

The Senate met at 1 o'clock p. m., on the expiration of 
the recess. 

Mr. New. Mr. President, I offer the resolutions which I 
send to the desk. 

The Vice President. The resolutions will be read. 

The resolutions (S. Res. 484) were read, considered by 
unanimous consent, and unanimously agreed to, as fol- 

Resolved, That the Senate assembles as a mark of respect to the 
memory of Hon. Daniel W. Comstock, late a Representative from 
the State of Indiana, in pursuance of an order heretofore made, 
in order that fitting tribute may be paid to his high character and 
distinguished pubic services. 

Resolved, That the Senate again expresses its profound sorrow 
at the death of the late Representative from Indiana. 

Resolved, That the Secretary transmit a copy of these resolu- 
tions to the House of Representatives and to the family of the 

115072«— 19- 



Address of Mr. New, of Indiana 

Mr. President : When a good man and a faithful public 
servant dies it is well that those who knew him in life 
should make acknowledgment of the character and the 
value of his service. Therefore, Mr. President, I rise in 
my seat to-day to pay a brief but well-deserved tribute to 
Daniel W. Comstock, late a Representative in Congress 
from the sixth Indiana district, for he was both. 

The life of this man was typical of all that is best in 
American manhood — the most enviable and commend- 
able manhood of the world in wliich we live. As boy and 
youth his lot was that of the average American boy of 
his State and generation. His greatest desire was that he 
might acquire an education, and this he won in spite of 
many obstacles which to other men would have been in- 
surmountable, being graduated from the Ohio Wesleyan 
Universitj' in 1860, when but 20 years of age. 

He took up his home and entered upon the practice of 
the law in Henry County, Ind., and two years later had so 
established himself in the esteem and the confidence of 
the people that he was elected by them as prosecuting at- 
torney for his district. 

It was at this time that Mr. Comstock showed the stuff 
that was in him. The great Civil War was devastating 
the country. He not only heard the call to duty but re- 
sponded to it by surrendering his office and the compe- 
tency which it guaranteed and enlisting in the Armj' of 
the Union as a member of the Ninth Indiana Cavalry. As 


Memorial AuuRnssEs: Rei'RESentative Comstoc.k 

a soldier of liis couulrj' he distinguished himself, having 
received special commendation for unusual bravery in 

He served as a soldier until late in 186."), wiien there was 
no longer need for soldiers. Then lie returned to Indiana 
and took up his residence at Richmond, resuming the ])rac- 
tice of the law. It was not long until his friends and 
neighbors recognized that his fairness, his evident sense of 
justice, demonstrated his fitness for the bench, and he was 
elected judge of the court of that circuit. There he served 
with such credit that his parly later nominated and elected 
liim to the appellate court of the Slate, where for 1.") years 
he was universally known and recognized as a wise and 
just judge. 

Mr. President, ambition is a worthy thing; indeed, it 
may be said that it embraces most of all that is best in 
men. It is said lliat it was Judge Comstock's ambition to 
serve his district in the Congress of the United States, and 
this ambition was happily gratified win ii. in 1910, lie was 
elected to represent a district that has furnished to the 
Hoosier State and to the country some of the most illus- 
trious names in our history. Judge Comstock's name is 
worthy to be associated with the names of those great men. 

But, Mr. President, Providence decreed that Judge Com- 
.stoc:k's congressJDnal career should be but brief. He 
lived only thrie months after having assumed liis olliee; 
but in that time he had demonstrated his (lunlitiis lor 
service, as he had in every previous instance. 

It is a nuitler of genuine regret to all who knew iiini that 
he should liave so soon succumbetl; but he has left Ixliinil 
iiim llie record «)!' a life well spent and the respect and llie 
afTeclion not only of his colleagues iiul of all who knew 


Address of Mr. Watson, of Indiana 

Mr. President: I have not had the opportunity to com- 
mit to paper any remarks for this occasion, and within 
the limits of the allotted time I can not adequately esti- 
mate the life, the character, and the services of this dis- 
tinguished citizen of my State. 

He was born in 1840 and died in 1917, thus living in an 
eventful and, in fact, in an heroic period of the Republic. 
Like other boys, he played about, all unconscious of the 
tragic events that were shaping about him and in the final 
and triumphant culmination of which he was to play a 
conspicuous part. 

After finishing the common schools he entered the uni- 
versity at Delaware and graduated there in 1860. Subse- 
quently, as my colleague [Mr. New] has already said, he 
began to practice law at Newcastle; but shortly after en- 
tering upon the practice of his chosen profession he heard 
the call of duty, and that to him was a louder call than 
the demands of selfish ambition. He enlisted in the Army 
and served there with distinction until late in the year 
1865. He entered as a private; he retired as a captain, 
thus showing the faithfulness of his service to his country 
in the time of its distress. 

Subsequently he settled in the city of Richmond, Ind., 
and entered upon the practice of his profession; was 
chosen prosecuting attorney for two terms, judge of the 
common pleas court for 12 years, and afterwards was for 
15 years a member of the appellate bench of the State of 

It was a matter of the greatest pride to him that he had 
showed his love for his country by service in the Army, 
and his devotion to his fellow soldiers and comrades of 


Mii.Muiu.u. Adduesses : Rei'Hese.ntative Comstuck 

the war of 18G1 was such that they afterwards chose him 
as the department commander of the Grand Army of the 
Republic for the State of Indiana. 

The Commonwealth to which we belong, Mr. President, 
furnished to the Nation 208,000 soldiers, as I recall, dur- 
ing the Civil War, and yet it is somewhat singular that 
in that hotbed of politics, notwithstanding the fact that 
the soldiers exerted such a very great influence on the po-. 
litical life of the State and directed the political energies 
of both political parties, but one of the soldiers of the Civil 
War found his way into this body from that State, and 
that was Ccn. Benjamin Harrison, afterwards President 
of the United States. 

It is another fact that we may well mention on this oc- 
casion, that Judge Com.stock was the last soldier of the 
Civil War to be elected to Congress from the Slate of 
Indiana, and, in the very nature of tilings, is the very last 
that will be so chosen. Therefore, as wc remember him^ 
to-day as a man, as an individual, as a citizen,. and as a 
patriot we also pay something of tribute to llie soldiers 
of the Civil War, fur, as 1 have said, his service in the 
Army was his chief pride in life. 

yiv. President, sometimes we arc ;ii)l to Ihiiik tliat tlie 
heroic days of the Republic have gone, and perliaps gone 
forever, and there are those among us who are constantly 
mourning llie decadence of the race. The fligiit of lime 
casts a halo iiiioul men. As an instance of this fact we 
arc prone to speak of Senators of the days gone by as 
giants, and men in a way deprecate the ixisting condition 
of allairs and niinimi/.e tiiose wlio at this time represent 
States in tiiis great body and in its associate at tlie other 
end of tile Capitol; but, afti'r all, in tlu' future, when 
history wrilis with her uiieiring liaiid tlie real triitli of 
the present time, she will uiidoulitedly recite Dial the men 
who this day represent the Slates of Ihe I'nion in this body 


Address of Mr. Watson, of Indiana 

and who represent the people of the various districts in 
the associate body measure up in patriotism, in character, 
and in high purpose with those of any preceding day in 
the history of the Republic. 

Sometimes we have thought that we were so devoted 
to commercialism and so wedded to the thought of the 
accumulation of wealth that the great virtues were ebbing 
away, that men had lost that ruggedness of character and 
those essential fundamentals that make for sterling man- 
hood and for the highest character of American patriot- 
ism, but when we reflect upon Chateau-Thierrj', upon St. 
Mihiel, and upon the Argonne Forest we see that the vir- 
tues are still here and that in any time of stress or peril 
the same ruggedness of character, the same virility of 
manhood that characterized the generation gone will re- 
spond upon the call of the country. 

Therefore I do not despair of the institutions founded 
by the fathers and handed down to us at such a great 
sacrifice of blood and of treasure, and I attribute this per- 
sistence of patriotism and this continuity of manhood to 
the noble example of men like the subject of these re- 

Judge CoMSTocK represented for two months the dis- 
trict I had the honor to represent as a Member of the 
House of Representatives for a dozen years. For 25 
years he and I were intimate personal and political 
friends and associates, and, echoing what the honored 
Vice President said to me but a few moments ago, he was 
one of the most delightful men it has ever been my privi- 
lege to know. He was a magnificent specimen of physical 
manhood; he had splendid traits and characteristics that 
showed in his very countenance and ever displayed them- 
selves to all his friends in his social intercourse. 

He was a just judge; he was an upright man; he was a 
conscientious lawyer; he was a true patriot; he was a 


Me-Moiual Aui)IU:;ssks : Ui:i'iti;si;.\ taum; ('o.mstuc:k 

noble citizen of the Republic; and we do well in the midst 
of the turmoil and even the tragedy of life, as it is now 
being enacted in the world, to withdraw for a brief period 
and pay our tribute of respect to this splendid man, who 
served his generation well and who has fallen asleep. 

Mr. President, in accordance with arrangements hereto- 
fore made, I now move that, as a further mark of respect 
to the memorj' of the deceased Senator and Representa- 
tives, the Senate take a recess until to-morrow morning at 
10 o'clock. 

The motion was unanimously agreed to; and (at 3 
o'clock and 40 minutes p. in., Sunday, March 2) the Sen- 
ate took a recess until to-morrow, Monday, March 3, 11)19, 
at 10 o'clock a. m.