1886. CONGRESSIONAL REOORD-HOUSE. 5359

to understand it. There would be no difficulty in getting applications Mr. :BEACH. And I would state further Ulat the speech he deliv- - for admission. ered was not delivered upon any Friday evening sessi.on as I understaru::l :ur. .ALLISON. Evidently this hili cannot be finished to-night, and it. [Cries of "It was! "J · if tbe Senator from Uaine will yield for a motion to go into .ex-ecutiv-e 'Mr. THOMPSON. it was delivered on Friday evening. -session I will make that motion. . · Mr. KELLEY. It purports to have 'been delivered by unanimous 1\fr. HALE. There are some considerations touching this very mat­ consent at two ofthese m.$tings, namely, on May 2S-arnd Jnne 4. ter of expense and other things that I desire to present before I close, Mr. .REAGAN. Mr. Speaker, howdoest'J,li.scomebefor.ethellouse? but I find it mther diffi..eult fo:r me to go on now; and I yield to the The SPEAKER. The gentleman from Pennsylvania stated tha.the Senator from Iowa. rose to arquestion of privilege, but the Chair thinks thatnp to the pres­ Mr. .ALLISON. I move that the Senate proceed to the consideration ent time the gentleman has not presented a question of that ch.1.racte:r. of executive business. Mr.. REAGAN. The gentleman ·ought not, it seems to me, to a-v.:rll The motion was agreed to; and the Senate proceeded to the consid­ himself'Ofan opport;unlty to make suoh a statement m the. bsenoem e~:ation of executive business. After one hour and five minutes spent the gentleman from Alabama. in execnti;e session the doors were reopened. 1\Ir. KELLEY. I propose at the proper time to move that these ~re­ OHIO SENATORIAL ELECTION. marks which were not within the .scope af the order t1uth0rizing those meetings, and which reflected not :on the absent mercly but on !the llr. HOAR submitted the following resoln:tion; whieh was ronsid­ dead- ered, by unanimous consent, and agreed to: ~Ir. REAGAN~ I .make the poin:t of order that th-e gentleman from .Re;olved, That the Committee on Privileges and Elections, 'to whom. were re­ ferred sundry memorials from the State of Ohio in regard to the recent election Pennsylvania is not stating .a question of privilege. of n Senator in tbali State, be authorized to employ a. Rtenogra.pher, to be paid The SPEAKER. The Chair suppo~es if .any rule or order '{Jf the out of the contingent fund of the Seuate. House has been abused by a member-, and a motitm is made to correct -co_-SIDEllATION OF THE CALENDAR. the abuse or to eensnre the member, that would involve a. qu-estion of Ort motion of Mr. ED:\IUNDS, and by unanimous consent, it was privilege in the first instance which the Chair must entertain. But ~t is to Or·cler·ed, That after the dispo ition of Senate bill No. 371, the rest of to-mor· not -within the province of the Ch..'tir to pass u p

HENRY W. LONG~ CONTRACTS FOR STATIO~ERY, EXECUTIVE DEP.AR~T. 1\ir. BRECKINRIDGE, of Arkansas, introduced a bill (H. R. 9131) 1\Ir. BLOUNT also introdu'ced a joint resolution (H. Res.180) further for the relief of lienry W. Long; which was read a first and second explanatory of the resolution. adopted ·June 31, 1868, limiting contracts time (the first reading being in full upon demand of Mr. 'BLAND), re­ for stationery and other supplies to one year; which was read a first ferred to the Committee on War Claims, and ordered to be printed. ·and econd time, referred to the Committee on the Post-Office a.nd rost­ TRANSPORTATION OF SHIPWRECKED SEAl\.IEN. Roads, and ordered to be printed. _ GRADUATED L'COME TAX. ?tlr. MORROW introduced a bill {H. R. 9132) to credit the revenue­ cutter service for the transportation home by United States revenue 1\Ir. HARRIS introduced a bill (H. R. 9145) to impose a graduated income tax; which was read a first and second time, referred to the Com­ vessels of shipwrecked seamen from the arctic regions or from the T~r­ ritoryof Alaska; which was read a first and second time (the first read­ miitee on Ways and Means, and ordered to be printed. ing being in full upon demand of .Mr. BLAND). JUDICIAJ, DISTRICTS, GEORGIA. Mr. BLAND. I move that this bill be referred to the Committee on Mr. BARNES introduced a bill (H. R. 9146) to transfer certain coun­ Pensions.· ties from the southern judicial district to the northern district in the The SPEAKER (having put the question) said: The noes seem to State of Georgia,. and to divide the northern district of said State into have it. two, to be known as the western and eastern divisions of said district, Mr. BLAND. I call for a division. and for other purposes; which was read a first and second time, referred The question being again taken, there were-ayes 7, noes 42. to the Committee on the Judiciary, and ordered to be printed. Mr. BLAND. No quorum. . WILUAM. It RICH. . Tellers were ordered; and 1tfr. BLAND and 1\fr. MoRROW were ap- pointed. . Mr. LANDES {by request) introd.uced a bill (H. R. 9147) granting a · The House again divided; but before the result of the vote was an­ pension to William R. Rich; which wasreadafirstandsecond time, re­ nounced Mr. BLAND withdrew the point of order. ferred to the Committee on Invalid Pensions, and ordered to be printed. The bill was accordingly referred to the Committee on Commerce, WILLIAM. F. REED. and ordered to be printed. . Mr. TOWNSHEND introduced a bill (H. R. 9148) granting a pension SETTLEMENT OF TERRITORIES. · to WilHam F. Reed; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. Mr. MORROW also introduced a bill (H. R. 9133) to prQmote the settlement of the Territories of the United States an~ to protect the JOHN D. DENNING. rights of homestead and pre-emption claimants; which was read a first Mr. TOWNSHEND also introduced a bill (H. R. 9149) granting a and second time, referred to the Committee on the Public Lands, and pension to John D. Denning; which was read a first and second tinie, ordered to be printed. · referred to the Committee on Invalid Pensions, and ordered to be JON.A'J,'H.AN D. STEVENSON. printed. Mr. FELTON (by request) introduced a bill {H. R. 9134) for there­ TAX ON SALT. lief of Jonathan D. Stevenson; which was read a first and second time, Mr. TOWNSHEND also introduced a bill (H. R. 9150) to amend referred to the Committee on Claims, and ordered to be printed. section 3022 of the Revised Statutes, so as to place the tax on salt used 1\ULIT.ARY POST, DENVER. in curing pork, beef, and other provisions on the same basis with salt used in curing fish; which was read a first and second time, 1·eferred Mr. SYMES introduced a bill (H. R. 9135) making an appropriation to the Committee on Ways and Means, aml ordered to be printed. for the establishment and erection of a military post near the city of PUBLIC BUILDING AT MOUNT VERNON, ILL. Denver, in the State of Colorado; which was read a first and second time, referred to the Committee on Military Affairs, and· ordered to be ?lfr. TOWNSHEND also introduced a bill (H. R.. 9151) to provide printed. for the erection of a public building in the city of Mount Vernon, ill.; LORE...~ZO D. COO:uBS. which was read a first and second time, referred to the Committee on Mr. SYMES also introduced bill (H. R. 9136) granting a pension to Public Buildings and Grounds, and ordered to be printed. . Lorenzo D. Coombs; which was read a first and second time, referred F. M. RYON. to the Committee on Invalid Pensions, and ordered to be printed. Ur. PLUMB introduced a bill (H. R. 9152) for the relief of F. M. ISAAC DAVISSON. Ryon; which was read a first and second time, referred to the Com- Yr. SYMES also introduced a bill (H. R. 9137) granting a pension to mittee on Claims, and ordered to be printed. Isaac Davisson; which was read a first and second time, referred to the JAMES s. ROBERTS. Committee on Invalid Pensions, and or~ered to be.printed. Mr. RIGGS introduced ~ bill (H. R. 9153) granting a pension to 1886. CONGRESSIONAL REOORD-HOUSE. 5361

James S. Roberts; which was read a first and second. time, referred to ing to many millions of dollars, and have neglected, omitted, and failed tQ ac­ count for the same to the Union Pacific Railroad Company: Therefore, the Committee on Invalid Pensions, and ordered to be printed. Resolved by the House of Representatives, That the Judiciary Committee of this EVAN S. SULLIVAN. House be, and is hereby, directed to inquire into all the transactions of the di­ rectors of each of said companies since their .organization and with the capital Mr. MATSON introduced a bill (H. R. 9154) for the relief of Evan stock of either or·both of them; and if said committee shall find that said direct­ S. Sullivan; which was read a first and second time, referred . to the ors or any of them have made gains for which they owe or should account to either or bOth of said corporations, then said committee are hereby further di­ Committee on Invalid Pensions, and ordered to be printed. rected to bring in a bill or resolution directing the Department of Justice to FRANCES HAYMAKER. commence proper proceedings in the courts of the United States to compel said directors to render a true account to said corporation or to either of them, and Mr. MATSON also introduced a bill (H. R. 9155) for the relief of to pay the net proceeds of such account. or accounts into the sinking fund estab­ Frances Haymaker; which was read a first and second time, referred to lished by Congress to pay the debts of said corporations or either of them to the United States. the Committee on ~nvalid Pensions, and ordered to be printed. . Resolved, That no final adjustment or settlement of the accounts of either of CAROLINE PARISH. said corporations with the Government should be determined on until said committee reports its conclusions. , Mr. M:ATSON also introdnc.ed a bill (H. R. 9156) granting a pension Resolved, That said committee haYe power to do all things necessary to carry to Caroline Parish; which was read a first and second time, referred to this resolution into effect. the Committee on Invalid ~ensions, and ordered to be printed. . LAND GRANTS IN K.A:l.~S.A.S.

GRANT E. Q. LATHER~OY. Mr. WEAVER, of Iowa, offered the following resolution; which was Mr. MATSON also introduced a bill (H. R. 9157) granting a pension referred to the Committee on the Public Lands: · to Grant E. Q. Lathermon; 'Yhich was read a first and second time, Resolved, That the Secretary of the Interior be, and be is hereby, requested to furnish tQ the House a copy of the report of the Commissioner of the General referred to the Committee on Invalid Pensions, and ordered to be Land Office recently transmitted to the Senat{) showing the adjustment of grants printed. of land to aid in the construction of railroads in the State of Kansas. JAMES F. FEE. CHARLES T. WORNOl\I. Mr. MATS'ON also introduced a bill (H. R. 9158) granting a pension Mr. LYMAN introduced a bill (H. R. !1169) to place on the pension­ to James F. Fee; which was read a first and second time, referred to roll the name of Charles T. Wornom, late of Company F, Twelfth illi­ the Committee on War Claims, and ordered to be printed. nois Cavalry; which was read a first and second time, referred to the SILAS :n. DECKER. Committee on Invalid Pensions, and ordered to be printed. Mr. HOWARD introduced a bill (H. R. 9159) granting a pension to GREEN FIELDS. Silas B. Decker; which was read a first and second time, referred to Mr: LYMAN also introduced a bill {H. R. 9170) forthereli~f ofGreen the Committee on Invalid Pensions, and ordered to be printed. Fields, late of the Fourth Indiana Cavalry Volunteers; which was read JOHN W. BUSSABARGAR. a first :md second time, referred to the Committee on lnvali,d Pension.S, Mr. HOWARD also introduced a bill (H. R. 9160) granting a pension and ordered to be printed. to John W. Bussabargar; which was read a first and second time, re­ WILLIAM MACKEY. ferred to the Committee on Invalid Pensions, and ordered to be printed. Mr. FUNSTON introduced a bill (H. R. 9171) for the relief of Will­ PENSIONS }'OR WAR OF 1812. iam Maekey; which was read a first and second time, rererred to the Committee on Inval.i(l Pensions, and ordered to be printed. Mr. HOWARD also introduced a billtH. R. 9161) extending the·pro­ visions of the act of March, 1878, grantiilg pensions to the soldiers and CHRISTIAN A. liEUGER. sailors ofthe war of 1812and their widows; which was read a first and Mr. FUNSTON also introduced a bill (H. R. 9172) for the relief of second time, referred to the Committee on Pensions, and ordered to be Christian A. Menger, Company B, Ninth Kansas Cavalry; which was printed. read a first and second time, referred to the Committee on Invalid Pen­ JOSHUA WALLACE. sions, and ordered to be printed. Mr. KLEINER introduced a bill {H. R. 9162) granting a pension to JOHN BOATWRIGHT. Joshua Wallace; which was read a first and. second time, referred to Mr. FUNSTON also intmduced a bill (H. R. 9173) for the relief of the Committee on Invalid Pensions, and ordered to be printed. John Boatwright; which was read a first and second time, referred to HENRY HARTMAN. the Committee on Invalid Pensions, and ordered to be printed. Mr. OWEN introduced a bill (H. R. 9163) granting a pension to RESURVEY IN KANSAS. Henry Hartman; which was read a first and second time, referred to the 1t1r. PETERS introduced a bill (H. R. 9174) to resurvey township 18 Committee on Invalid Pensions, and ordered to be printed. south, range 9 west of the si.1(th principal meridian, Kansas; which was PETER .znnrnn.. read a first and second time, referred to the Committee on the Public Mr. OWEN also introduced a bill (H. R. 9161) correcting the mili­ Lands, and ordered to be printed. · tary record of Peter Zimmer; which was read a firsb ·and second time, EPHRAIM NYE. :referred to the Committee on Military Affairs, and ordered to be printed. Mr. PETERS also introduced a bill (H. R. 9175) granting a pension 2\IERRICK Y. BCCK. to Ephraim Nye; which was read a .first and second time, referred to Mr. JOHNSTON, of Indiana, introduced a bill (H. R. 9165) grant­ the Committee on Invalid Pensions, and ordered to be printed. ing a pension to Merrick Y. Bnck; which was read a first and second JESSE G. HA:lULTO::S. time, refe~ed to the Committee on Invalid Pensions, and ordered to Mr. PETERS also intmduced a bill '(H. R. 9176) grant1ug a pension be printed. to Jesse G. Hamilton; which was read a first and second time, referred JA:.UES BA::SNOi... to the Committee on Invalid Pensions, and ordered to be printed. Mr. JOHNSTON, ofin

SAMUEL PETERS. ond time, referred to the Committee on War Claims: and ordered to be Mr. McCREARY inh-oduced .a bill (H. R. 91.82) granting a pension to printed. · Samuel Peters; which was read a first and second time, referred to the PUBLIC LANDS IN LOUISIANA. 9ommittee on Invalid Pensions, and ordered to be prin,ted. Mr. GAY introduced a bill (H. R. 9191) t.o restore to the public JAMES R. MA:RBS. domain and to regulate the sale and disposition of certain lands east of Mr. McCREARY also introduced a bill (H. R. 9183) for the benefit, the Mississippi River, in the State of Louisiana; which wa8read a :first of Jam~ R. Marrs; which was read afirstand second time, referred to and second time, referred to the Committee on the Public Lands, and the Committee on Claims, and ordered to be printed. ordered to be printed. · M:r. GAY also introduced a bill (H. R. 9192) toeancel certain reserva­ ·DISTRffiUTION OF PUlJLIC OFFICES. tions on account of live-oak west of the 111ississippi River, in the State ~1r. TAULBEE offered the following resolution; which was referred of Louisiana, and to regulate the disposition thereof; which was read a to the Committee on Reform in the Civil Service: :first and second time, refeiTed to the Committee on the Public Lands, Resolved, That the United States Civil Service Commi ion be, and is hereby, . and ordered to be printed. directed to inform this House by what authority twenty-three appointments to positions within the classified public set·vice were made from the District of Co­ :l!IHS. E. W. F. CHEVIS. lumbia when the proportion due to said District of Columbia. was less than three, 111r. ffiiON introduced a bill (IL R. 91'93) for the relief of 1\f.rs. E. W. for the year encling January 16,1886. F. Chevis, ofSaintLandryParish, Louisianaj which was read a first and EMPLOY)IENT OF SUBSTITUTES BY PUBLIC OFFICIALS. second time, referred to the Committee on War Claims, and ordered to Mr. TAuLBEE -also offered the following resolution; which was re­ be printed. · . ferred to the Committee on Reform in the Civil Service: , MRS. LUCY J. BOYLE. Resolved, That the Secretary of the Treasury be, and he is hereby, directed to Mr. ffiiON also introduced a bill (H. R. 9194) for the relief of l\I&i. inform this House whether any employes in the service of the Treasury Depart­ Lucy .J. Boyle, of Louisiana; which was read a first and second time, ment, in any custom-house of this country, in the steaiD.Bhip-inspector service, or elsewhere, are permitted to employ substitutes for the performance of the du­ referred to the Committee on War Claims, and ordered to be printed. ties assigned to said cmplo es without a sufficient excuse on account of sickness FAKNY B. RUTDOLPH AND DORA L. STARK. 01' otherwise. 111r. ffiiON also introduced a bill (H. R. 9195) for the relief of Fanny FURLOUGHS IN 'THE INTERIOR DEPARTMENT. B. Randolph and Dora L. Stark, who were minors and the only children Mr. TAULBEE also offered the following resolution; which was re­ ofWilliam M. Lambeth, of Louisiana, who died in 1853; which was ferred to the Committee on Reform in the Civil Service: read a first and second time, referred to the Committee on War Claims, Resolt·eil, That the Secretary of the Interior be, and h& is hereby, dire'cted to and ordered to be printed. inform this House whether or not employes in his Department are granted fur­ loughs or leaves -of absence, with pay,for a greater length .of time than thirty JOHN H. ROLLINS. days in any given twelve montbs; if so, by what authority of law and to what extent such custom is had. · lli. DINGLEY introduced a bill (H. R. 9196) to correct the military record of .Jolin H. Rollins; which was read a :first and second time, re­ APPOINTMENTS IN THE TREASlJRY DEPARTl\IENT. ferred to the Committee on 11ffiitary Affairs, and ordered to be printed. .1\1r. TAU~BEE also offered the following:resolution; which was re­ CYRUS ·T. WARDWELL. ferred to the Committee on Reform in the Civil Service: Mr. DINGLEY also introduced a. bill (H. R. 9197) to increase the Resolved, 'I hat the Secretary of the Treasw·y be, and he is hereby, directed to inform this House whethet· or not any person or persons are now borne on the pension of Cyrus T. Wardwell; which was read a first and second time, l'Olls of the employes in the Treasury Department included in the classified civil referred to the Committee on Invalid Pensions, and ordered to be service and who have been appointed to such position since January 16, 1883, printed. and w'ho have not been certified for appointment to such position by the United States Civil Service Commission. HIRAM F. WORDWELL. If so, the number and grade of such appointees, with the date of the appoint- a ments and the authority by which such appointments were made. ' Mr. MILLIKEN introduced bill (IL R. 9198) for the relief of Hiram F. Wordwell; which was read a first and second time, referred to the CIIA.RLES L. DAWSON. Committee on Military ~airs, and ordere4 to be pTinted. Mr. WADSWORTH introduced a bill (H. :R. 9184) for the b ne:fit of GEORGE HENDERSON. Charles L. Dawson; which was read a :first and second time, referred 111r. 11IILLIKEN also introduced a bill (H. R. 9199) granting a pen- to the Committee on Military Affairs, and ordered to be printed. sion to George Henderson; which was read a first and second time, re- WILEY B. HILL. ferred to the Committee on Invalid Pensions, and ordered to be printed. .1\Ir. WADSWORTH also introduced a bill (H. R. 9185) for the relief JOHN G. BRADFORD. of Wiley B. Hill; which was read a :first and second time, referred to Mr. FINDLAY introduced a bill (H. R. 9200) for the relief of .John the Committee on Military Affairs, and ordered to be printed. G. Bradford; which was read a first .and second time, referred to the AMAl\"DA F. WOOD. Committee on Invalid Pensions, and ordered to be printed. nfr. WADSWORTH also introduced a bill (H. R. 9186) granting a WILLIA~I E. TUCKEY. pension to Amanda F. Wood; which was ·read a first and second time, lli. FINDLAY also introduced a bill (H. R. 9201) for the relief of' referred to the Committee on Invalid Pensions, and ordered to be William E. Tuckey; which was read a. first and second time, referred printed. · - to the Committee on Invalid Pensions, and 'Ordered to be printed. COMl\IISSIOlo.""ERS OF CLAIMS. THOMAS S. REID. Mr. S'l'ONE, of Kentucky, introduced a bill (H. R. 9187) to authorize the President to appoint three commissioners of claims; which was read Mr. FINDLAY also introduced a bill (H. R. 9202) for the relief of a :first and second time, referred to the Committee on the .Judiciary, Thomas S. Reid; which was read a :first and second time, referred to and ordered to be printed. the Committee on Invalid Pensions, and ordered to be printed. MARY ANN FURLONG AND HATTIE :M. CRANFORD. DRIDGE ACROSS RED RIYE&1 LOUISIANA.. Mr. BLANCHARD introduced a bill (H. R. 9188) to authorize the Mr. FINDLAY also introduced a bill (H. R. 9203) for the relief of Louisiana North and South Railroad Company to maintain a M:ary Ann Furlong and Hattie M. Cranford; which was read a first across the Red River in Louisiana; which was read a first and second and second time, referred to the Committee on War Claims, and ordered time, referred to the Committee on Commerce, and ordered to be to be printed. printed. COLUl\IBUS E. ROBEY. INDUSTRIAL SCHOOL AT 1\'"EW ORLEANS. Mr. COMPTON intr~duced a bill (H. R. 9204) for the paymeO:t of the Mr. ST. MARTIN introduced resolutions of the General Assembly claim of Columbus E. Robey, of Charles County, Maryland; which of the State of Louisiana, asking the passage of an act of Congress to was read a :first and second time, referred to the Committee on War donate to the city of New Orleans the grounds and buildings of the Claims, and ordered to be printed.' United States marine hospital in that city for the establishment of an MI.N11.""'E LYLES. industrial school; which was referred to the Committee on Public Build­ 111r. COMPTON also submitted the following resolution; which was · ings and Grounds, and ordered to be printed. read, and referred to the Committee on Accounts: . CITIZENS' Dil"K OF LOUISIANA. Resolved, That there be paid to Minnie Lyles, widow of Alfred Lyles, the Stnn of $nO for services rendered under the Doorkeeper of the House from March l , Mr. ST. MARTIN also introduced a bill (H. R. 9189) to confirm the 1877, to J'anuary 15,1878; also that there be paid t-o Minnie Lyle , widow of Al­ land claim of the Citizens' Bank of Louisianaj which was read a first fred Lyles, late an employe of this House, a sum eqnal to his pay for three and second.time, referred to the Com.mj.ttee on Private Land Claims, months and the proper funeral expenses. and ordered to be printed. THORNTON GANOE. NEW ORLEANS G.A.SLIGHT COMPANY. Mr. MCOOM.AS introduceda bill (H. R. 9205) forthereliefofThorn- M:r. ST. MARTIN also introduced a bill (H. R. 9190) for the relief ton Ganoe; which was read afirs·tand second time, referred to the Com· of the New Orleans Gaslight Compa~y; which was read a first _and sec- mittee on Pellhions, and ordered to be printed. 1886. CONGRESSIONAL RECORD-HOUSE. 5363

PAYMENT FOB AN ALLEY, WASHINGTON, D. C. A.»IEND!IENT OF PENSION LAWS.· Mr. GIBSON, of Maryland, introduced a bill (H. R. 9206) to rea-p­ Mr. CARLETON introduced a bill (H. R. 9222) granting an allow­ propriate the sum of money originally appropriated for the payment of ance of pension to widows and dependent relatives who lost their lives a. par('..el of ground condemned for an alley in the city of Washington in th~ performance of their duties in the Life-Saving Service, so called, and covered back into the . Tr~; which was read a :first and second of the Government; which was read a first and second time, referred to time, referred to the Committee on Claims, and ordered to be printed. the Committee on Pe~ons, and ordered to be printed. SECTION 5165 REVISED STATUTES. FREEMAN M'INTIRE. Mr. COLLIKS introduced a bill (H. R. 9207) to amend section 5365 Mr. WHITE, of .Minnesota {by" Mr. GILFILLAN), introduced a bill of the Revised Statutes of the United States; which was read a first (H. R. 9223) granting a pension to Freeman Mc1ntire; which was read and second time, referred to the Committee on the Judiciary, and or­ a first and second time, referred to the Committee on Invalid Pensions, dered to be printed. ~nd ordered to be printed. · UNITED STATES BOTTLERS' PROTECTIYE ASSOCIATION. GEORGE TOWKSEND. Mr. COLLINS also introduced a bill (H. R. 9208) to permit the en- •J\Ir. WHITE, of :Minnesota (by Ur. GrLFrLLAN), also introduced a try, free of duty, of foreign goods for exhibition at the fourth biennial bill (H. R. 9224) granting a pension to ~orge Townsend; which was exhibition of the United States Bottlel'S' Protective Association; which read a first and second time, referred to the Committee on Invalid Pen- was read a first and second time, referred to the Committee on Ways sions, and ordered to be printed. · and Ueans, and ordered to be printed. CALTIN CHEAIRS. WINIFRED n. COFFIN. Mr. MORGAN introduced a bill (H. R. 92"25) for the relief of Calvin Ur. DAVIS introouced a bill (H. R. 9-209) for the relief of Winifred Cheairs; which was read a first and second time, referred to the Com­ B. Coffin; which was read a first and second time, referred to the Com- mittee on War Claims, and ordered to be printed. mittee on Pensions, and ordered to be printed. • RICHARD H. PARHAM. FREEDOM OF OOM!IERCIAL INTERCOURSE. Mr. MORGAN (by request) also introduced a bill (H. R. 9226) for the Mr. DAVIS also introduced a bill (H. R. 9210) to protect the free- relief of Richard H. Parham, administrator of George Gorman, deceased; dom of commercial intercourse; which was read a first and second time, which wa-s read a first and second time, referred to the Committee on referred to the Committee on Commerce, and ordered to be printed. War Claims, and ordered to be printed. ROBERTS. l\I1DONALD. THOMAS D. ELDER. Mr. MORGAN also introduced a bill (H. R. 9227) for the relief of :Mr. LOVERING introduced a bill (H. R. 9211) to remove the charge RobertS. McDonald; which was read a first and second time, referred of desertion against Thomas D. Elder; which was read a first and sec­ to the Committee on War Claims, and ordered to be printed. ond time, referred to the Committee on Military Affairs, and ordered to be printed. . 1\IRS. E. G. TOMLINSON. JOHN ll. H. WILSON. Mr. MORGAN (by request) also introduced a bill (H. R. 9228) for thereliefofMrs. E. G. Tomlinson, executrix of William E. Tomlinson, . Mr. LOVERING al_so introd~ced a bill (H. R. 9212) granting a pen­ SIOn to John H. H. Wilson; which was read a first and second time, re­ deceased; which was read a fil'St and second time, referred to the Com­ ferred to the Committee on Invalid Pensions, and ordered to be printed. mittee on War Claims, and ordered to b~ printed. l\IARY CORBETT. JOHN KREBS. Mr. LOVERING also introduced a bill (H. R. 9213) granting a pen­ Ur. VAN EATON (by request) introduced a bill (H. R. 9229) for tho sion to Mary Corbett; which was read a first and second time, referred relief of John Krebs; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. to the Committee on Invalid Pensions, and ordered to be printed. 1\IRS. MARY O'BRIEN. A. E. GLADDEN. Mr. O'NEILL, of:Missonri, introduced a bill (H. R. 9230) for the relief Mr. WHITING introduced a bill (H. R. 9214) granting a pension to of Mrs. Mary O'Brien; which was read a first and second time, referred A. E. Gladden, dependent mother of Henry E. Gladden; which was to the Committee on ID:valid Pensions, and ordered to be printed. read a first and second time, referred to the Committee on Invalid Pen- sions, and ordered to be printed. MARY o. COOPER. GEORGE w. GOODRICH. Mr. O'NEILL, of :Missouri, also introduced a bill (H. R. 9231) for the ~ir. LONG introduced a bill (H. R. 921 5) 2:rantinoa-apensionto Geora-e reliefof?tfaryO. Cooper; which was readafirstandsecond time, referred . h ~ '"' to the Committee on Invalid Pensions, and ordered to be printed. W • G <>? drIC ; whic~ was r~ a first and second time, referred to \he Committee on Invalid PensiOns, and ordered to be printed. IMPORTATION OF ALIENS UNDER CONTRACT. RELIEF OF CERTAIN WHALING YESSELS. Mr. O'NEILL, of Missouri, also ·introduced a bill (H. R. 9232) to amend an act to prohibit the importation and immigration of foreigners ~1r. LONG (by request) also intr~dnced a bill (H. R. 9-216) for the and aliens under contract or agreement to perform labor in the United. relief of the owners and crews of the American whaling Tessels Midas States, its Territories, and the District of Columbia, and to provide for Progress, Lagoda, Daniel Webster, and Europa; which was read a first the enforcement thereof; which was read a first and second time, re­ and second time, referred to the Committee on Claims, and ordered to be printed. ferred to the Committee on Labor, :l.D,.d ordered to be printed. JOHN C. FAILING. JOHN BLOCK. Mr. O'DONNELL introduced a bill (H. R 9217) granting an increase Mr. BURNES introduced a bill (H. R. 9233) granting a pension to <>fpensiontoJohnC. Failing; which was readafirstandsecond time re- John Block; which was read a first and second time, referred to the ferred totheCommitteeonln>alid Pensions, and ordered to be printed. Committee on Invalid Pensions, and ordered to be printed. POTTA WATOl\IIE IKDIANS. PENIN A HUNT. . Mr. O'DONNELL also introduced a bill (H. R. 9218) providing for Mr. BURNES also introduced a bill (H. R. 9234) granting a pension the settlement of the claims of the Pottawatomie Indians of Michigan to Penina Hunt; which was read a. first and seeond time, referred to and Indiana, includingthePottawatomies ofHuron, in Calhoun County, the Committee on Invalid Pensions, and oraered to be printed. 1\.fichigan, as per treaty stipulations existing with said bands· which T. J. GEORGE. was read a fu·st and second time, referred to the Committee or:. Indian Mr. DAWSON introduced a bill (H. R. 9235) for the relief ofT. J. Affairs, and ordered to be printed. George; which was read a first and second time, referred to the Com­ JOHN F. CHAYILEER. mittee on Invalid Pensions, and ordered to be printed. 1\ir. BURROWS introduced a bill (H. R. 9219) for the relief of John TAX ON LEAF-TOBACCO. F. Chavileer; which was read a first and second time, referred to the Mr. HALE introduced a bill (H. R. 9236) to repeal all laws imposing Committee 0:1 Invalid Pensions, and ordered to be printed. a tax on leaf-tobacco; which was read a first and second time, referred COASTWISE YESSELS. to the Committee on Ways and Means, and ordered to be printed. Mr. BURROWS also introduced a bill (H. R. 9220) to amend section EZRA S. HARENS. 4446 of the Revised Statutes, referring to Tessels engaged wholly or in J\Ir. HALE also introduced a bill (H. R. 9237) for the relief of Ezra part in the coastwise senioe; which was read a first and second time S. Harens; which was read a first and second time, referrecl to the Com­ referred to the Committee on Commerce, and ordered to be printed. ' mittee on War Claims, and ordered to be printed. J OSEPH 1UILLER. .ALEXANDER WILKIE. Mr. BURROWS also introduced a bill (H. R. 9221) increasino- the Mr. HAYNES introduced a bill (H. R. 9238) for the relief of Alex- pension of Joseph Miller; which was read a first and second tim~, re- under Wilkie; which was read a first and second time, referred to the ferred to the Committee on Invalid Pensions, and ordered to be printed. Committee on Military Affairs, and ordered to be printed. 5364 CONG-RESSIONAL RECORD-HOUSE. JUNE 7,

ALEXANDER n'KELVIE. and second time, referred to the Committee on the Post-Office and Post­ ¥-r· GALLINGER (by request) introduced a bill (H. R. 9239) for the Roads, and ordered to be printed. relief of Alexander McKelvie; which was read a. first a'nd second time NEWTON A. CALKINS. referred to the Committee on Invalid Pensions, and ordered to be printed: Mr. LINDSLEY introduced a bill (H. R. 9254) for the relief of New­ JOHN B. WOLF. ton A. Calkins; which was read a first and second time, referred to the Mr. PIDCOCK (by Mr. McADoo) introduced a bill (H. R. 9240) Committee on Invalid Pensions, and ordered to be printed. grant~ng a pension to John B. Wolf; which was read a :first and second HUGH DONNELLY. time, referred to the Committee on Invalid Pensions, and ordered to be Mr. DOWD~EY introduced a bill (H. R. 9255) granting an addi· printed. tiona! pension t~ Hugh Donnelly, late captain Thirty-seventh Massa· MARY K. TAYLOR. chusetts Infantry; which was read a :first and second time, referred to Mr. PIDCOCK (by Mr. McADoo) also introduced a bill (H. R. 9241~ the Committee on Invalid Pensions, and ordered to be printed. grant~g an increase of pension to Mary K. Tayldr; which was read a PH

Anderson and others; which was read a first and second time, referred GEORGE SMITH. to the Committee on Claims, and ordered to be printed. Mr. GEDDES also introduced a bill (H. R. 9277) granting a pension to HENRY MEYER. George Smith; which was read a first and second time, referred to the Mr. HILL introduc~d a bill (H. R. 9262) granting a pension to Henry Committee on Invalid Pensions, and ordered to be printed. M:eyer, of Hel)Iy County, Ohio, late a priva~ in the United States W ILLIAl\I :J. MARTIN. Marine Corps; which was read a first and second time, referred to the Mr. HERMANN introduced a bill (H. R 9278) for the relief of Will­ Committee on Invalid Pensions, and ordered to be printed. iam J. Martin and payment to him of $7,500 for beef-cattle furnished THOMAS :J. GRAY. the United States for use of Army, and for reference of said claim to the 1r1r. EZRA B. TAYLOR introduced a bill (H. R. 9263) granting an in­ Court of Claims; which was read a first and second time; referred to c1·ease of pension to Thomas J. Gray; which was read a first and second the Committee o.n Claims, and ordered to be printed. time, refe.rred to the Committee on Invalid Pensions, and ordered to be GEORGE ENGLE. · printed. 1\Ir. HERMANN also introduced a bill (H. R. 9279) for the payment BIG :JOHN BROOKS. to George Engle, of the State of Oregon, the sum of $2,067, for property Mr. LE FEVRE i:otroduced a bill (H. R. 9264) for the relief of Big destroyed insaid StateinJune, 1878, bythedepredationsofthe Pi-Ute John Brooks, of Spalding County, Georgin.; which was read a first and and Bannock Indians; which was read a first and second time. second time, referred to the Committee on· war Claims, and ordered to Mr. HERMANN. I ask that the bill, be referred to the Committee on be winted. . Indian Affairs. ELECTRICAL RECORDING OF YEAS AND NAYS. The SPEAKER. This bill proposes to pay this money out of the public Treasury, and will go to the Committee on Claims, and not to. Mr. LEFEVRE introduced the following resolution; which wru~ re­ the Committee on Indian Affairs. ferred to the Committee on Rules: ?!Ir. HERMANN. Let it go as the Chair decides. · Jasol~d. That the Committee on Rules be directed to examine into the merits be with a. view to the adoption, of a. recently invented electrical vote-recording a.nd The bill was referred to the Committee on Claims, and ordered to indicating nppara.tus, especially designed to reduce the time used in calling printed. th.e roll r.nd making a record of each individual vote to within three minutes. :J. R. FRIERSON. HEIRS OF WILLIAM NESSLE. M.r. HERl\IANN also introduced a bill (H. R. 9280) for the relief of Mr. McKINLEY introdu~d a bill (H. -R. 9265) for the relief of the J. R. Frierson, of Oregon, and payment to him for certain services ren­ heirs of William Nessie; which was read a first and second t4ne, ~·e­ dered in the military service of the United States in the late war; which ferr~d to the Committee on Invalid Pensions, and ordered to be printed. was read a first and second time, referred to the Committee on War Claims, and ordered t~ be printed. 1\!RS. PHILIP KAl\IE. :J. C. MEIN. Mr. McKINLEY also introduced a bill (H. R 9266) granting a pen­ sion to ~Irs. Philip Kame; which was read a first and second time, re­ Mr. HE.RMANN also introduced a bill (H. R. 9281) granting a pen­ ferred to the. Committee on Invalid Pensions, and ordered to be printed. sion to J. C. Mein, of the $tate of Oregon, late second lieutenant in Company C, One hturdred and forty-fourth New York Volunteers, late D. W. HILL. war; wl1ich was read a first and second time, referred to the Commit­ Mr. McKINLEY also introduced a bill (H. R. 9267) for the relief of tee on Invalid Pensions, and ordered to be printed. D. W. Hill, late private Nineteenth Regiment Ohio Volunteers; which SILAS BEEZELEY• . was read a first and second time; referred to the Committee on Invalid Pensions, and ordered to be printed. · Mr. HERMAN also introduced a bill (H. R. 9282) to pension Silas Beezeley, of the State of Oregon, for seryices rendered in the Black Hawk JAMES Y.ANT. war, in Capt. Jesse B. Brown's company of Illinois Rangers; which was Mr. McKINLEY also introduced a bill (H. R. 9~68) granting a pen­ read a first and second time, referred to the Committee on Pensions, and sion to James Yant; which was read a first and second time, referred ordered to be printed. to the Committee on Invalid Pensions, and ordered to be printed. DISCHARGE CERTIFICATES, ETC. MRS. CAROLINE F. SPEIGEL. Ur. BROWN, of Pennsylvania, introduced a bill (ii. R. 9283) to . Mr. McKINLEY also introduced a bill (H. R. 9269) to increase the amend section 224"of the Revised Statutes relating to the discharge pension of Mrs. Caroline F. Speigel; which was read a first and second certificates allowed in case of loss or destruction of the original dis­ time, referred to the Committee on Invalid Pensions, and ordered to be charge of non-commissioned officers and private soldiers; which was printed. read a first and second time, referred to the Committee on Military Af- :JACOB LOYG. fi1irs, and ordered to be printed. Mr. :McKINLEY also introduced a bill (H. R. 9270) granting a pen- ·PETER D. n.ANKE. sion to Jacob Long; which was read a first and second time, refen-ed • Mr. ERl\IENTROUT introduced a bill (H. R. 9284) for the relief of to the Committee on Invalid Pensions, and ordered to be printed._ Peter D. Ranke, JatecaptainofCompanyC, Fourteenth Regiment Penn- ELIZABETH WARD. sylvania Cavalry; which was read o. first and second time, referred to Mr. BUTTERWORTH introduced a bill (H. R. 9271) granting a pen- the Committee on Military Affairs, and ordered to be printed. sion of $100 a month to Elizabeth Ward, widow of the late General :JEROlfE J. VAN NAME. Durbin Ward, of Ohio; which was rea'l a first and second time, referred Mr. FLEEGER introduced a. bill (H. R. 9285) granting a pellsion to to the Committee on Invalid Pensions, and ordered to be printed. Jerome J. Van Name; which was read a :first and second time, referred TRANSPORTATION OF PASSENGERS .AND MAILS. to the Committee on Invalid Pensions, and ordered to be printed. Mr. BUTTERWORTH (by request) also introduced a bill (H. R. 9272) MARY BARNETT. to promote safer and quicker transportation of passengers and mails; Mr. HARMER introduced a bill (H. R. 9286) gra~ting a pension to which was read a first and second time, referred to the Committee on Mary Ba.rn~tt; which was read a first and second time, referred to the Commerce, and o.rdered to be printed. Committee on Invalid Pensions, and orde_red to be printed. GEORGE W. ROGER. PENSION .DEPARTM:ENT. Mr. BUTTERWORTH also introduced a bill (H. R. 9273) granting a Mr. NEGLEY submitted the following resolution; which was refttrred pension to George W. Roger, late of the Seventy-third Ohio Volunteer to the Committee on Rules: Infantry; which was read a first and second time, referred to the Com­ The Union armies were disbanded twenty-one years ago, nevertheless there mittee on Invalid Pensions, and ordered to be printed. are now pending tens of thousands of meritorious pension claims which hav:e been under examination the greater portion of this time. A considerable num­ NAVAL PENSIO:N FUND. ber of these cases are accompanied by sufficient proofs t.o secure a. favorable award from a. co~npetent jury in any court in Christendom. They will, in a.ll Mr. BROWN, of Ohio (by request), introduced a bill (H. R. 9274) probability, remain undetermined until the claimant appears before the supreme directing the transfer of certain o.mounts from the naval pension "fund; tribunal of justice, where there arc no special pension detectives and boards of review. which was read a first and second time, referred to the Committee on Every applicant for a pension, and every witness to the hopeless despair of the Naval A1Eairs, and ordered to be printed. disabled soldier, who, after years of fruitless effort to comply with the arbitmry and technical requirements of an "examiner,'' and who dies in poverty, is per­ DANIEL WEISSINGER. suaded that the entire system. is defective, and that the rules and-regulations of Mr. LITTLE introduced a bill (H. R. 9275) for the relief of Daniel the Department are uncertain as to the interpretation of the letter and intent of 'N eissinger; which was read a first and second time, referred to the Com­ the pension laws. The presentation of thirty-nin~ hundred and forty-eight pension bills during mittee on Military Affairs, and ordered to be printed. the present Congress, with a. f>1vorable action on hundred and thirty of tb.ese cases, is the most impressive and suggestive commentary upon the ad­ ERCILDON BOOTH. ministration of the laws in the Pension Department: Therefore, Mr. GEDDES introduced a bill (H. R. 9276) granting a pension to Be it 1·esoltJed, That a. special committee, consistin~ of five members of tbis House, be appointed and directed to make inquiry mt.o the administration of Ercildon Booth; which was read a first and second time, referred to the the affairs of the Pension Deputment; more particularly as to the method and Committee on Invalid Pensions, and ordered to be printed. practice of conducting the investigation of claims, the admission of e,·idence, 5366 CONGRESSIONAL RECORD-HOUSE. JUNE 7, and the proprietY of continuing the excessive expenditure of money to caxry ELIZA. M 1INITRE. on the present system, and report at as early a day as practicable the result of sald inquiry, with such recommendation ns shall arise therefrom. Mr. HOUK also introduced a bill (H. R. 9299) for the relief of Eijza That the committee be granted the right to send for persons and p&pers, to sit Mcintyre; which was read a fu:stand second time, referred to the Com­ in session during the sessions of the House or after its adjournment; emplor a stenographer, and to incur all rensonable and necessary expenditures whtch mittee on War Claims, and ordered to be printed. may be deemed requisite for the purpose of such investigat.ion; such expendi­ . B. R. HACKNEY. tw·es to be paid out of the contingent funds of the IIouse. · 1r. HOUK also introduced a bill (H. R. 9300) for the relief of B·. SUSAN MAJOR. R. Hackney; which was read a first and second time, referred to the Mr. OSBORNE introduced a bill (H. R. 9287) granting a pension to Committee on War Claims, and ordered to be printed. Susan Major, mother of James A.. Major, deceased, late a private in Com­ JOSEPH JONES. panyC, Twenty-eighth Regiment Pennsylvania Volunteers; which was read a first and second time, referred to the Committee on In>alid Pen­ ]')fr. HOUK also introduced a bill (H. R. 9301) granting a pension to sions, and ordered to be printed. Joseph Jones; which was read a first and second time, refen;ed. to the Committee on Invalid Pensions, and ordered to be printed. CHARLOTTE CHU11.GH. 1\Ir. BOYLE introduced a bill (H. R. 9288) granting a pension to THOMAS T. CRAWFORD. Charlotte Church; which was read a fin:>·t and second time, referred to Mr. HOUK also introduced a bill (H. R. 9302) fot the relief of Thomas the Committee on Invalid Pensions, and ordered to be printed. T. Crawford; which was read a first and second time, referred to the Committee on Military Affairs, and ordered to be printed. DAVID ABBOTT. Mr. BOYLE also introduced a bill (H. R. 9289) granting a pension BENJAl\IIN TALLENT. to David Abbott; which was read a first and second time, referred to Mr. HOUK also introduced a bill (H. R. 9303) for the relief Qf Ben­ the Committee on Invalid P~ons, and ordered to be printed. jamin Tallent; which was read a first and second time, referred to the Committee on Military .A.ffairs, and ordered t() be printed. ~fARY RICHEY'. WILLIAM SILVEY. Mr. BOYLE also introduced a bill (H. R. 9290) granting a pension to :ftlary Richey; which was read a first and second time, referred to · Mr. HOUK also introduced a bill (H. R. 9304) for the relief of Will­ the Committee on Invalid Pensions, and ordered to be printed. iam Silvey; which was read a first and second time, referred to the Committee on Military Affairs, and ordered to be printed. TARIFF TIEVISIO~. HENRY H. HAGGARD. ~Ir. O'NEILL, of Pennsylvania. Mr. Spea.ker, I ask to have read the resolutions I send to the desk. b1r. HOUK also introduced a hill (H. R. 9305) for the relief of Henry The Clerk proceeded to read, as follows: H. Haggard; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. !IEADQ.UARTERS FOURTEENTH WARD U::UO~ REPUBLICAN CLUB­ ROBERT W. 1\IILLS. The SPEAKER pro tempore (Mr. CRISP). The Chair will ask the gentleman from Pennsylvania what the paper is he sends to the desk. Mr. HOUK also introduced a bill (H:R. ·9306) granting a pension to Mr. O'NEILL, ofPennsylvllllia. It is a resolution of instruction di­ Robert W. Mills; which was read a first and second time, referred to recting the Representatives from Pennsylvania, and myself especially, the Committee on Invalid Pensions, and ordered to be printed. how to vote upon tariff bills, that association believing that a high ISAAC F. BURltETT. protective tariff is to the best interests of the workingmen of the coun­ Mr. HOUK al.so introduced a bill (H. R. 9307) for 'the relief of Isaac try, and .that the Morrison tariff bill is a bad bill to their interests. F. Burkett, of Martin, Tenn.; which was read a first and second time, :Mr. WILLIS. I make the point of order that the gentleman from referred to the Committee on Wltr Claims, and ordered to be printed. Pennsylvania. does not need instructions. [Laughter.] - 1\IRS. CATIIARINE ODLAl\1. Mr. O'NEILL, of Pennsylvania. I may not need instructions, but I desire the House to know the feeling of the people of Philadelphia on Mr. HOUK also introduced a bill (H. R. 930S) for the relief of Mrs . . Catharine Odlam; which was read first and second time, referred to the su~ject. a The SPEAKER pro tempore. The paper ~ not in order under this the Committee on War Claims, and ordered to be printed. call. . JOHN E. CRESSWELL. ALLEN SPENCER. Mr. . HOUK also introduced a. bill (H. R. 9309) granting a pension {.o Mr. SM:A.LLS introduced a bill (H. R. 9291) increasing the pension John E. Cresswell; which was read a first and second time, referred to of Allen Spencer; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. the Committee on Invalid Pensions, and ordered to be printed. · EDWARD J. BUDDINGTON. FEES OF COMMISSIONERS UNITED STATES COURTS. Mr. PETTIBONE introduced a bill (H. R. 9310) to increase the pen­ Mr. HEMPHILL (by request) introduced a bill (H. R. 9292) to' sion of Edward J. Buddington; which was read a first and second time, amend section 847 of the Revised Statutes of the United States; which referred to the Committee on Invalid Pensions, and ordered to be was read a first and second time, referred to the-Gommittee on the Ju- printed. diciary, and ordered to be printed. · ALFRED F. BROWY. WASIDNGTON AND WESTERN MARYLAND RAILROAD. Mr. PETTIBONE also tntroduced a bill (H. R. 9311) for the relief Mr. HEMPHILL (by request) also introduced a bill (H. R. 9293) to of Alfred F. Brown; which was :~;ead a first and second time, referred to incm-pomtethe Washington and Western. Maryland Railroad Company; the Committee on War Claims, and ordered to be printed. which was read a first and second time, referred to the Committee on F. L. 1\IORAT. the District of Columbia, and ordered to be printed. !1r. ZA.CH. TAYLOR introduced a bill (H. R. 9312) for the relief of LITTLETON 0. GOOCH. F. L. Morat, of Shelby County, Tennessee; which.was readafirstand Mr. HOUK introduced a bill (H. R. 9294) for the relief o.f Littleton second time, referred to the Committee on War Claims, and ordered to 0. Gooch; which was read a first and second time, referred the Com­ be printed. to 1 mittee on Military .Affairs, and ordereQ. to be printed. MRS. SARAH L. l\1 J,EMORE. WILLIAM BunK. Mr. ZACH. TAYLOR also introduced a bill (H. R. 9313) for there­ lief of Mrs. Sarah L. McLemore, administratrix of John E. McLemore, Mr. HOUK also introduced a bill (H. R. 9295) granting a pension to deceased; which was read a first and second time, referred to the Com­ William Bnrk; which was read a first and second time, referred to the mittee on W ru.· Claims, and ordered to be printed. Committee on Invalid Pensions, and ordered to be printed. JOSEPH E. MILLER. THOMAS DUNCA..N. Mr. ZA.CH. TAYLOR also introduced a bill (ll. R. 9314) for there­ .Mr. HOUK also introduced a bill (H. R. 9296) for the relief of lief of Joseph E. Miller, adrilinistrator of U. H. Miller, deceased, of Thomas Duncan; which was read a first and second time, referred to Memphis, Tenn.; which was read a first and second time, referred to the Committee on Military Affairs, and ordered to be printed. the Committee on Claims, and ordered to be printed. WILLI.AJ.\I LEWIS. SOUTHERN UTE INDIAKS. 1 Mr. ·HOUK also introduced a bill (H. R. 9297) for the relief of Will­ Mr. SYMES (by Mr. ZACH. TAYLOR) introduced a bill (H. R. 9315) iam Lewis; which was read a fu:st and second time, referred to the authorizing the removal of Southern Ute Indians from the State of Committee on War Claims, and ordered to be printed. Colorado to the Territory of Utah; which was read a first and second OBSTRUCTION OF INTERSTATE RAILROAD BUSINESS. time, referred to the Committee on Indian .Affairs, and ordered to be Mr. HOUK also introduced a bill (H. R. 9298)..prohibiting the ob­ printed. I • struction of interstate railroad business; which was read a first and CO::.\IMON SCHOOLS. second time, referred to the Committee on the Ju~ciary, and ordered Ur. :MILLER (by Mr. THROCKMORTON) introduced a bill (JI. B. tO be printed. 9316) to aid in the suppor~ of common S<;!hools; which was read a fust -

1886. CONGRESSIONAL RECORD-HOUSE. 5367

HEIRS OF ALEXANDER M'COPPIN. Mr. CRAIN (by Mr. SAYERS) introduced a bill (H. R. 9317) for the relief of the heim of .Alex:a:nder M:cCoppin; which was read a first and second time, referred to the Committee on War Claims, and ordered to • be printed. · .ASA .A.. G<>ODWIN. PETER MITCHELL. JJ:r. GROUT introduced a bill (H. R. 9318) granting a pension t~ Asa. Mr. GUENTHER also introduced a bill (H. R. 9332) for the relief A. Goodwin; which was read a first and second time, referred to the of Pete:z: Mitchell; which was read a first and second time, referred to Committee on Invalid Pensions, and ordered to be printed. the Committee on Invalid Pensions, and ordered to be printed. ADIN CORNISH. SALE OF ADULTERA'l'ED FOOD. 1\Ir. GUENTHER also introduced a bill (H. R. 9333) granting a pen­ 1\Ir. BARBOUR (byrequest) introduced a bill {H. R. 9319) to prevent sion to Adin Cornish; which was read a first and second time, referred the sale of adulterated food in the District of Columbia and the Terri­ to the Committee on Invalid Pensions, and ordered to be printed. tories of the United States; which was read a first and second time, referred to the Committee on the District<>f Columbia, and ordered to be STEP~ DICKSON. printed. 1\Ir. PRICE introduced a bill (H. R. 9334) iranting a pension to CLAIMS F OR DAMAGES IN DISTRICT. Stephen Dickson; which was read a first and second time, referred to Mr. BARBOUR {by request) also introduced a bill (H. R. 9320) to the Committee on Invalid Pensions, and ordered to be printed. create a board of audit to adjust all claims for special damages to real MOSES SHAFFER. estate by reason of public improvements in the District of Columbia; Mr. PRICE also introduced a bill (H. R. 9335) granting a pension to which was read a first and second time, referred to the Committee on M:oses Shaffer; which was read a first and second time, referred to the the District of Columbia, and ordered to be printed. Committee on Invalid Pensions, and ordered to be printed. .A.N.A.OOSTIA .ll.TD POT01\LA.C RAILROAD. HENRY CARBINO • Mr. BARBOUR (by 1-equest) also introduced a bill (H. R. 9321) to Mr: PRICE also introduced a bill (H. R. 9336) granting an increase amend the act giving the approval and sanction of Congress to the route of pension to Henry Carbino; which was read a :first and second time, and termini of the Anacostia and Potomac River Railioad in the Dis­ referred to the Committee on Invalid Pensions, and ordered to be trict of Columbia; which was read a first and second time, referred to printed. the Committee on the District of Columbia, and ordered to be printed. JOHN AD.A.:\IS. LOUISA JrEA..IU.-:EY. Mr. THOMAS, of Wisconsin, introduced a bill (H. R. 9337) to grant Mr. BARBOUR (by request) also introdnced a bill (H. R. 932"2) for a pension to .John Adams, late a private of Company C, Forty-eighth the relief of Louisa Kearney; which was read a first and second time, Regiment .of Wisconsin Volunteers; which was read a first and second referred to the Committ-ee on War Claims, and ordered to be printed. time, referred to the Committee on Invalid Pensions, and ordered to be printed. GliDRGE A. NOWLUTD. JOSIAH F. ALLEN. Mr. BARBOUR also introduced a bill (H. R. 9323) for the relief of George A. Nowland, administrator of James B. Beaver; whichwasread 1\Ir. THOMAS, of Wisconsin, also introduced a bill (H. R. 9338) to a first and second time, referred to the Committee on War Claims, and grant a pension to .Josiah F. Allen, late a private of Company I, One ordered to be printed. ~ hundred and twelfth NewYorkVolnnteers; which was read a firstand SUBMARINE CABLES. second time, referred to the Committee on Invalid Pensions, and or­ dered to be printed. Mr.· DANIEL introduced a bill (H. R. 9324) to earry into effect the international eonvention

tiary, respectively; also the yearly amount received by the district attorney and and second time, referred to the Committee on Milit.ary Affairs, and his assistants severally during the period covered by these expenditures for services rendered in United States cases, the total cost of the Utl\h penitentiary, ordered to be printed. and the amounts, if any, that have been paid into the United States Treasury by .TAMES L, KELLY. marshals, attorneys, assistant attorneys, in excess of the compensation allowed bylaw. Mr. WILLIS also introduced a bill (H. R. 9361) granting a pension to James L. Kelly; which was read a first and second time, referred to CLALLAM COUNTY, W .ASHINGTON TERRITORY. the Committee on Invalid Pensions, and ordered to be printed. Mr. VOORHEES introduced a bill {H. R. 9346) to enable Clallam County, in Washington Territory, to avail itself of the benefits of sec­ MARY BUCKLEY. tion 2286 of the Revised Statutes of the United States relating to pre­ Mr. WILLIS also introduced a bill' (H. R. 9362) granting a pension emptions for the establishment of seats- of justice; which was read a to Mary Buckley; which was read a first and second time, referred to first and second time, referred to the Committee on the Territories, and the Committee on Invalid Pensions, and ordered to be printed. ordered to be printed. S.AR.AH HARPER. DAM .ACROSS BUDD'S INLET, WASHINGTON TERRITORY. Mr. BINGHAM introduced a bill (H. R. 9363) granting a pension to Mr. VOORHEES also introduced a bill (H. R. 9347) to authorize and Sarah Harper; which was read a first and second time, referred to the aid in the construction of a dam· across· Budd's Inlet, in Washington Committee on Invalid Pensions, and ordered to be printed. Territory; which was read a first and second time, referred to the Com­ H.ANN.AH :B. RITCHIE. mittee on Commerce, and ordered to be printed. Mr. HEPBURN introduced a bill (H. R. 9364) granting a pension to .T.A:3.IES H. COW AN Hannah B. Ritchj.e, of Allerton, Iowa; which wasreadafirstandsecond timeJ referred to the Committee on Invalid Pensions, and ordered to be Mr. VOORHE.ES (by request) also introduced a bill (H. R. 9348) to printed. place James H. Cowan on the rolls of the Arkansas volunteers; which TENTS FOR SOLDIERS' REUNION. was read a first and second time, referred to the Committee on Military A1fairs, a~d ordered to be printed. · Mr. HEPBURN also introduced a joint resolution (H. Res. 181) au­ thorizing and directing the Secretary of War to loan tents to the South­ . M. MILLSAPS. western Iowa and Northwestern Missouri Veteran Soldiers' Association Mr. VOORHEES (by request) also introduced a bill (H. R. 9349)'for for reunion purposes; which was read a first and second time, referred the relief of M. Millsaps, late a private in Company C, First Regiment to the Committee on Military Affairs, and ordered to be printed. Arkansa8 Volunteers; -which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. JUDICIAL DISTRICTS IN ILLINOIS. Mr. TOWNSHEND introduced a bill (H. R. 9365) to amsnd section R. M. LEE. 536 of the Revised Statutes of the United States relating to the divis­ Mr. PEEL (by request) introduced~ bill (H. R. 9350) for the relief ion of the State of Illinois into judicial districts, and to provide· for of R. M. Lee; wfrich was read a first and second time, referred to the holding terms of court of the southern district at Mount Vernon; which Committee on Pensions, and ordered to be printed. was read a first and second time, referred to the Committee on the .T. ::9. .ASH. Judiciary, and ordered to be printed. Mr. HEARD introduced a bill (H. R. 9351) for the relief of J.D. Ash; 1\fiNNE.A.POLIS INDUSTRIAL EXPOSITION. which was read a first and second time, referred to the Committee on Mr. GILFILLAN introduced a joint.resolution (H. Res.182) author­ Invalid Pensions, and ordered to be printed. izing the several Executive Departments of the Government to loan to . ELIZABETH GREGORY. the Minneapolis Industrial Exposition certain articles for exhibit; which Mr. HOWARD introduced a bill (H. R. 9352) for the relief of Eliza­ was read a first and second time, referred to the Committee on Com­ beth Gregory; which was read a first and -second time, referred to the merce, and ordered to be printed. Committee on Invalid Pensions, and ordered to be p~inted. ELIZA.BETH WARD. M.A.RG.ARET DODDS. Mr. CAMPBELL, of Ohio, introduced a bill (H. R. 9366) granting a :l!Ir. HOWARD also introduced a bill (H. R. 9353) for the relief of pension to Elizabeth Ward; ~hich was read a first and second time, Margaret Dodds; which was read a first and second time, referred to referred to the Committee on Invalid Pensions, and ordered to be printed. the Committee on Invalid Pensions: and ordered to be printed. INSULATING SUDliARINE CABLES. PENSIONS. Mr. LEHLBACH presented the views of the minority on the bill (H. Mr. HENLEY introduced a bill (H. R: 9354) to restore pensions in R. 4402) to provide for the extension of letters patent for the improve­ certain cases; which was read a first and second time, referred to the ment iQ. insulating submarine cables; which were ordered to be printed Committee on Pensions, and ordered to be .printed. to accompany the majority report. .JOHN COLTER. INTERSTATE COMMERCE. Mr. HOLMAN introduced a bill (H. R. 9367) for the relief of John 1\fr. OATES introduced a bill (H. R. 9355) to prevent the obstruc­ Colter; which was read a first and second time, referred to the Com­ tion of interstate commerce; which was read a first and second time, mittee on War Claims, and ordered to be printed. referred, by unanimous consent, to the Committee on the Revision of the Laws, and ordered to be printed. NICHOLAS EVANS . .T.ACOB PINDLE. Mr. HOLMAN also introduced a bill (H. R. 9368) granting a pen- sion to Nicholas Evans; which wasreadafirstandsecond time, referred Mr. OATES (by request) also introduced a resolution to pay Jacob to the Committee on Invalid Pensions, and ordered to be printed. - Pindle $30 per month during the sessions of the Forty-ninth Congress; which was referred to the Committee on Accounts. B. N. S.AMPSON. GEORGE P. TURNER. Mr; McCREARY introduced a bill (H. R. 9369) granting a pension to B. N. Sampson; which was read a first and second time, referred to Mr. WHEEL~R introduced a bill (H. R. 9356) for the relief of the Committee on Invalid PensionsJ and ordered to be printed. George P. Turner; which was read a first and second time, referred to the Committee on the Judiciary, and ordered to be printed. MESSAGE FROM THE SENATE. A message from the Senate, by Mr. SYMPSON, one of its clerks, re­ J. GEORGE RUCKSTUHL. quested the return to the Senate of the bill (S. 1204) for the relief of Mr. WILLIS introduced a bill (H. R. 9357) to remove the c!targe of the children of the late Surgeon Alfred M. Owen and to increase their desertion from the military record of J. George Ruckstuhl, late lieu­ pensions. · · · tenant Ninety-seventh illinois Volnnteers; which was read a first and The message also announced that the Senate had agreed to the amend- second time, referred to the Committee on Military Affairs, and or­ ments of the House to bills of the following titles: · dered to be printed. A bill (S. 206) to provide for the erection of a public building in the CATHERINE BUSEY. city of Zanesville, Ohio; and Mr. WILLIS also intrOduced a bill {H. R. 9358) granting a pension A bill (S. 763) for the erection of a public building at Sioux City, to Catherine Busey; which was read a first and second time, referred Iowa. to the Committee on Invalid Pe~ons, and ordered to be printed. The message further announced that the Senate had passed with SEBASTIAN G.ANZ. amendments, in which the concurrence of the House was requested, bills of the following titles: Mr. WILLIS also introduced a bill (H. R. 9359) granting a pension A bill {H. R. 524) granting a pension to Daniel H. Ross; to Sebastian Ga.nz; which was read a first and second time, referred to A bill (H. R. 1061) for the relief of Sarah M. Shearer; the Committee on Invalid Pensions, and ordered to be printed. A bill (H. R. 1627) granting a pension to Annie Bagley; · MAX VON EIK. A bill (H. R. 4685l for the relief of John A. Orndorff; Ur. WILLIS also introduced a bill (H. R. 9360) to 1·emove the charge A bill !H. R. 4782 granting a pension to Elizabeth McKay; of desertion from the military record of Max Von Elk, Company C, A bill H. R. 5154 granting a pension to Margaret A. Poland; ---Regiment New Hampshire Volunteers; which was read a first A bill H. R. 5406) granting a pension toP. E. Raiger; 1886. CONGRESSIONAL RECORD-HOUSE. 5369

A bill (H. R. 6648) for the relief of Edward M. Harrington; and A bill (H. R. 5232) for the relief of Mary Hawhe; A bill (H. R. 7156) to increase the pension of Antionette -B~rney, A bill. (H. R. 5261) granting a pension t<.> Isaac Fossett; widow of Maj. Gen. David B. Birney. A bill (H. "'R. 5283) granting a pension to Larkin G. Mead; The message further announced that the Senate had passed without A bill (H. R. 5306) granting a pension to Roxana V. Rowley; amendment House bills of the following titles: A bill (H. R. 5307) granting a pension to Lieut. Joseph Prost; A bill (H. R. 116) for the. relief of Albertine Cockrum; A bill (H. R. 5324) granting a pension to John.H. Hunter; A bill (H. R. 308) granting a pension to Mary Sullivan; A bill.(H. R. 5333) granting a pension to Edward L. Hill; A bill (H. R. 421) granting a pension to Jesse B. Scudder; A bill (H. R. 5334) granting a pension to Henry Anin; A bill (H. R. 426) granting a pension to Elizabeth A ..Robbins; A bill (H. R. 5351) granting a pension·to Mrs. Clarissa Taft; A bill (H. R. 427) for the relief of Thomas J. Smithers; A bill (H. R. 5394) granting a pension to Sally Ann Bradley; A bill (H. R. 464) granting a pension to Robert McAlexander; A bill (H. ·R. 5408) granting a pension to Josiah Focht; A bill (H. R. 504) granting a pension to Ann!L Kessinger; A bill (H. R. 5411) granting a pension to John Butler; A bill (H. R. 576) for the relief of Louisa C. Beezeley; A bill (H. R. 5414) granting a pension to Maria Cunningham; A bill (H. R. 918) granting a pension to Gilbert .A.. Philips; .A. bill (H. R. 5434) granting a pension to Amos C. Wertz; A bill (H. R. 1142) granting a pension to Lydia Hadlock; A bill (H. R. 5435) granting a. pension to David L. McDermott; A bill (H. R. 1148) granting a pension to Mariah E. A. B. Nowell; A bill (H. R. 5438) for the relief of Elias Sheads; A biil (H. R.1177) granting a pension to William J. Barker; A bill (H. R. 5472) to increase the pension of Henry Brooks; A bill (H. R. 1201) for the relief of Mary Howard Farquhar; A bill (H. R. 54.92) granting a pension to Eliza Newman; A bill {H. R.1505) ~ranting a pension to William Dermody; A bill (H. R. 5525) granting an increase of pension to Robert E . . A bill (H. R. 1520) granting an increase of pension to Mary F. Blake; Stephens; A bill (H. R. 1678) tor the relief of Henry N. Huggins; A bill (H. R. 5603) granting a pension toUrs. -catherine :McCarty; A bill (H. R. 1766) granting a pension to Mary A. Shannon; A bill (H. R. 5622) granting a pension to Allen P. Jacobs; A bill (H. R. 1768) granting~ pension to James Wolfe; A bill (H. .R. 5635) granting a pension to William J. Heady; A bill (H. R. 1815) granting a pension to Ellen Corcoran; A bill (H. R. 5643) granting.an incre::l.se of pension to Charles F. A bill (H. R. 1818) granting a pension t:> H. L. Kyler; Ward; A bill (H. R. 1943) granting a pension to James L. ~IcCla.rran; A bill (H. R. 5645) granting a pension to Rebecca. Allen; A bill (H. R. 1945) grantil!g a pension to Jeremiah M. Fitger; A bill (H. R. 56G6) granting a pen.Sion to Margaret S. Davis; A bill (H. R. 1997) granting a pension to Nancy R. Brown; A bill (H. R 5761) grantin,!.!; a pension to Margaret J. Hejghter; A bill (H. R. 2144) granting a pension to C. K. Hughes; A bill (H. R. 5831) for the reliefofHenry S. Cohn; A bill (H. R. 2800) granting a pension to Mary Manes; A bill (H. R. 5882) granting a pension to Sarah Ann Murphy; A bill (H. R. 2040) granting a pension to John T. Pennington; A bill (H. R. 5931) granting a pension to ErclruutheKircbner; A bill (H. R. 2963) granting a pension ta Louis Whorley; A bill (H. R. 5951) granting a pension to John I. Mattingly; A bill (H. R. 2})68) granting a pension to Harriet Peak; A bill (H. R. 5975) to increase the pension of Michael McGrayel ; A bill (H. R. 2971) granting a pension to Francis Deming; A bill (H. R. 6020) granting a pension to Levi U. Starne; A bill (H. R. 2975) granting a pension to Eliza A. Weeks; A bill (H. R. 6088) granting an increase of pension t<> Nelson Monroe; A bill (H. R. 2976) granting a pension to Lenford Rose; A bill (II. R. 6117) gmnting a pension to James D. Cotton; A bill (H. R. 3043) granting a pension to Lewis W. Scan]and; A bi1l (H. R. 6120) for tbe relief of Richanl Horrigan; A bill (H. R. 3047) granting a pension to Thomas Tegan; A bill (H. R. 6135) granting a pension to Jaraes W. Sanford; A bill (H. R. 3054) granting a pension to Sylvester Root; A bill (H. R. 6147) granting a pension to Frederick Marion; A bill (H. R. 3166) granting a pension to Solomon Messer; A bill (H. R. 6150). for the relief of Euphemia R. Smith; A bill (H. R. 3304) to restore the name of Abner Morehead to the A bill (H. R. 6170) granting a pension to .Mary A. Van Etten; pension-roll; A bill (H. R. 6176) granting a pension to Margaret Mayham; A bill (H. R. 3366) granting a pension to Henry Bollman; A bill (H. R. 6183) for the relief of Bridget l\I. Cullen; A bill (H. R. 3501) granting a pension to Daniel J. Bingman; A bill (H. R. 6193) granting a pension to Charles Foreman; A bill (H. R. 3601) to increasethe pension of Louisa Weitzel, widow A bill {H. It 6237) for the relief of Samuel Shuler; of Godfrey Weitzel, late a major-general of the United States volun­ A bill (H. R. 6247) granting a, pension to Uayberry Vance; teers. A bill (H. R. 6248) granting a pension to Louis A. Wollenweber; A bill (H. R. 3614) granting a pension to Charlotte Buck; A bill (H. R. 6250) to increase the pension of Thomas A. Howley; A bill {H. R. 3623) granting a pension to William H. Nevil; A bill (H. R. 6257) for the relief of Julia Connelly; A bill (H. R. 3640) granting a pension to James T. Irwin; . A bill (H. R. 6266) granting a pension to Philip Arner; .A bill (H. R. 3645) granting a pension to Sarah Brooks; A bill "(H. R. 6323) granting a pension to Rebecca Reese McKee; A bill (H. R. 3737) granting a pension to John H. Downing; A bill (H. R. 6372 to pension Charles A. Chase; A bill (H. R. 3831) granting a pension to Charles T. Reber; A bill (H. R. 6430) granting a pension to Lucy G. Dutcher; A bill (H. R. 3836) granting a pension to James Dunbar; A bill (H. R. 6452) granting a pension to Samantha A. Smith; A bill (H. R. 3860) granting a pension to John H~Walters; A bill (H. R. 6453) granting a, pension to Martin J. Reynolds; A bill (H. R. 3954) granting a pension to Henrietta Fisher; A bill (H. R. 6519) granting a pension to John D. Krehbiel; A bill (H. R. 4023) granting a pension to Caroline Sturtz, widow of A bill (H. R. 6566) granting a pension to Henry J. Carlin; Jacob Sturtz, deceased, late of Company G, Twentieth Mary land Vol­ A bill {H. R. 6639) granting a pension to Catherine Kennedy; unteers; A bill (H. R. 6668) granting a pension to Lurena Wages; A bill (H. R. 4124) granting a pension to Charles F. Hildredth; _A bill (H. R. 6670) granting a pension to Susan Malone; A bill (H. R. 4143) for the relief of Margaret Madden; ·A bill (H. R. 6718) granting a pension.to Willjam H. Starr; .A. billlH. R. 4145) granting a pension to Maria Kile; A bill (H.- R. 6721) granting a pension to John H. Westerhouse, Jato A bill H. R 4163) granting a pension to Dr. William H. Sheffield; of Company F, First Regiment Potomac Home Brigade (Thirteenth) A bill H. R. 4199) granting a pension to William B. Jacobs; Maryland Volunt-eers; _ A bill (H. R. 4226) for the relief of Samuel Kitzmiller; A bill (H. R. 6753) granting a pension t.o Mrs. Alice E. Tr:.tYers; A bill {H. R. 4382) to increase the pension of John F. Chase; A bill (H. R. 6770) granting a pension to Ferdinand Koehler; A bill (H. R. 4386) granting an increase of pension to "\Villi-am F. A bill (H. R. 6774) granting a pension to Bruno Schultz; Clark· A bill (H. R. 6795) _for the.reliefof:hirs. Sarah Casteel; A b'm (H. R. 4426l granting a pension to Fannie E. Evans; . A bill (H. R 6797) to place the name of Samuel W. Bowling on the A bill (I;£. R. 4501 granting a pension to Daniel B. Randall; pension-roll; A bill (H. R. 4552 for the relief of Susan Smith; A bill (H. R. 6801) granting a pension to Elander M. Mooneyhan; A bill (H. R. 4632 granting a pension to William L. McCall; A bill (H. R. 6812) granting a pension to Margaret Lucas; A bill (H. R. 4642) granting a pension to James Carroll; A bill (H. R. 6895) granting a pension to Sarah Harbaugh; A bill (H. R. 4644) granting a pension to Noah B. Brookshire; A bill {H. R. 6919) granting a pension to Sarah Ann Williams; A bill (H. R. 4689) for the relief of the children of the late Surgeon A bill (H. R. 7066) for the relief of Andrew G. Helberg; .Alfred 1\I. Owen, and to increase their pensions; A bill (H. R. 7073) granting a pension to MaryS. Woodson; A hill (H. R. 4730) for the relief of Mary Murphy; A bill (H. R. 7074) granting a pension to William P. Carleton; A bill (H. R. 4797) granting a pension to Robert H. St{lpleton; A bill (H. R. 7075) granting a pension to Orson W. Sears; A bill (H. R. 4808) granting a pension to William Field; · A bill (H. R. 7108) granting a pension to Andrew J. Wilson; A bill (H. R. 4850) for the relief of Willirun J. Hudson; A bill (H. R. 7109 granting a pension to Joseph Tuttle; A bill (H. R. 4882) granting a pension to Washington T. Otey; A bill (H. R. 7162 granting a pension to Martha l\Icllwrun; A bill {H. R. 5021) granting a pension to Mrs. Mar~ret A. Jacoby; A bill (H. R. 7222 granting a pension t.o Callie West; A bill (H. R. 5058l granting a pension to John Arthur; · A bill (H. R. 7249 to pension Spencer W. Tryon; A bill H. R. 5100 granting a pension to Eleanor Foust; A bill (H. R. 7253 for the relief of Joseph Guy; A bill ~H. R. 5169 to increase the pension of Thomas J. Slayton; A bill (H. R. 7257 granting a pension to James H. Darling; A bill (H. R. 5174 ~ting a pension~ Mrs. M.A. Lewis; A bill (H. R. 7299) for t-he relief of Green Chambers; ... •

5370 CONGRESSION.4JJ RECORIJ~HOUSE. JUNE 7,

will consent to let us have the regular order to-day. It is not very I A bill r:· R. 7329) granting a pension to Patrick McKean; A b:ill H. R. 7365) for the relief of-Nancy Franklin; often ~e ha-ve a day. It seems we ought to have the reguhtr order. A bill H. R. 7401} gmnting a pension to Samuel Miller; 1\fr. HOLMAN. I insist on my m1>tion. We have barely time to A bill (H. R. 7407) granting a pension to Cyrus Dnbb.s; get the bill through befo:re the expiration of the p-resent fi cal year. ' A bill (H. R. 7 436) to grant a pension to Ma.ry Anderson; The House divided; and there were-ayes 59, noes 81. Abill (H. R. 7437! to increase the pension of Levi L. Tongne; Mr. HOLMAN. In order that the responsibility shall not rest on the A bill (H. R. 7509 granting a pension to-cecilia. C. McKenna; Committee on Appropriations I demand the yeas and nays. A bill (H. R. 751.1 granting a pension to Margaret Lu.cy; The House divided; and there were-ayes 40. A bill (H. R. 7614 grnntin g an increase of pension to Hezekiah Till- The SPEAKER. More tban one-fifth of the last vote. man· 1\fr. HISCOCK. Count the other side. A bill (H. R. 7641) granting a pension to Sophronia. Witham; The other side were counted; and there were-noes 86. · A bill (H. ~- 7660) granting a ·pension to James Stobaugh; So the yeas and nays were ordered, mom than one-fifth of those A bill (H. R. 7688) granting a pension to Wilhelm Nolte; present voting in favor thereof. A bill (H. R. 7703l granting a pension to Anna A. Probert; The question recurred ou Mr. HOLMAN's motion that the House re­ A bill (H. R. 7843 granting a pension to Edwin R. Parks; solve itselfinto the Committee of the Whole House-on the state of the A bill (H. R. 7914 to increase the pension of David M. Rennoe; Union to continue the consideration of the legislative, &c., appropria­ A bill (H. R. 7931) increasing the pension of Clark Boon; tion bill. A bill (H. R. 7979) granting a pension to Jackson Steward; The question was taken; and it was decided in the negative-yeas 73, A bill (H. R. 7965) for the relief of Frances Mosher; nays 150, not voting 100; as follows: A bill (H. R. 8078! for the relief of Lydia S. Johnson; YEAS-i3. A bill (H. R. 8086 granting a pension to Cummins Porter; and Allen, J. M. Da wson, Mahoney, pringer, A bill (H. R. 8111 granting a pension to Rebe.cca Roberts. Anderson. C. M. Dockery, Martin, Steele, Ballentine, Dunn, 1\IcComas, Stone, W. J., Ky. The message further announced that the Senate had passed bills of Beach, Eldredge, 1\fcMillin, Swope. the following titles; in which the concurrence of the House was re­ Blanchard, Ellsberry, MeR~ Taulbee, quested: Bland, Fisher, Morga n, Tillman, Bliss, Ford, Morrison, Townshend, A bill (S. 158) granting a pension to Mary A. Mykins; Blount, Forney, Oates. Trigg, A bill (S. 1459) granting au increase of pension to Walt-er A. Don- Breckinridge, C. R. Glass, O'Neil.\1 J. J. Turner. aldson; Breckinridge,WCP Green, W. J. Peel, · Ward, J.H. Cabell, Hammond, 'Perry, Ward, T.B. A bill IS. 1614) grantipg a pension to Sarah C. Wright; Caldwell, Hemphill, Randall, Willis, A bill S. 1897) granting a pension to Alexander Trimble; Campbell, Felix Henderson, D. B. Riggs, Winans, A bill S. 1932) gran~g a pension to Mrs. M. Augusta Barnes; Campbell, J.E. Henley, Ryan, Wolford, ' A hill (S. 2029) granting an increase of pension to Elvira Bliss Shel- Cannon, Herbert, . Sadler Woodburn , Carleton, Holman, Sene~- . Worth ington. U.on· Cowles, Jones, J. T. Seymour, .A.' bill ls. 2061) granting a pension to Johanna. Softa Enlind; Cox, Le Ferre, Skinner, A hill S. 2167l granting a pension to Mrs. Margaret Dunlap; Da rgan, Long, Smalls, A bill S. 2181 granting a pension to Rhoda Williams; · NAYS-150. A bill (S. 2196 granting a pension to Delilah Vandeventer; Adams, G.E. Funer, Lindsley, .Robertson, Allen,O.H.. Gallinger, Little. Rockwell, A bitl (S. 2203) grantingapensionto.Mrs.Emilyl\I. Swift, of Dexter, Anderson, J. A. Geddes, Louttit, Romeis, Mich.; Barnes, Gibson, C. H. Lovering, Rowell, A bill (S. 2210) granting a pension to Anna Wright; Bayne, Gibson, Eustace Lowry, Sayers, Belmont, Gilfillan, Lyman, Sawyer~ .A. bill (S. 2258) to increase the pension of James E. Gott; Bennett, Glover, Ma.tson, Scranton, A bill {S. 2286) for the relief of Albert C. Kelley; Bingham, Grout. McCreary, Sessions, A bill (S. 2301) granting a pension to Lucy E. Anderson; Bound, Guenther, McKenna, Snyder, Boutelle, Hale, McKinley, Sowden, A billlS. 2308) granting a pension to Henry Lafner; Boyle, Halsell, Merriman, Spooner, A bill S. 2310) granthlg a pension to Hiram Morris; Brady, Harris, · ?tfUliken, Strait, A bill S. 2325) to grnnt a pension to Nancy Mason; Browne, T. M. Hatch, ltiills, StTuble, Brown, C. E. Hayden, Moffatt, Symes, A bill {S. 2326) granting a pension to John Parkinson; Brown,W.W. Haynes, Morrill, Tar.sney, A bill (S. 2330) for the relief of Anthon Eitnpence; Buck, Heard, Neal, Taylor, I. H. .A. bill (S. 2341) gmnting a pension to Josephine D. Whitted; Burnes, Henderson, T. J. N eeoe, Taylor~ Zach. Burrows, Hermann, Negley, , Thomas,J.R. A bill (S. 2353) granting a pension to William Barden; . Campbell, J. M. Hill.. Nelson, Thomas, 0. B.

A bill ~S. 2355) granting a pen81. 'on to EdwardR. Shubrick; . Candler, HiHitsoockt~ , O'Donnell, Thompson, .A. bill S. 2363) granting a pensi.{)n to Marcel Gagnon; Caswell, ()'Har 1 Throckmorton, Cat-chings, Ho~.es , Osborne, Van Eaton, A bill S. 2366) granting a pension to Elizabeth Garaghty; Clardy, Houk, Outhwaite, VanSchaick, .A. bill S. 2372) granting a pension to Mary McMahon; Cobb, Howaro, Owen, Wade, A bill S. 2382) granting a pension to Alice Kelley; Collins, Hutton, Parker, Wadswol"th, Compton, Irion, Payne, Wait, A bill (S. 2388) granting a pension to Alonzo Raymond; Conger, J"ames, Payson, Wallace, A bill (S. 2391) granting a pension to-John G. Warren; Crisp, Johnson, F. A. Perkins, Warner, William A bill (S. 2393) granting a pension to Anna M. Marshall; Culberson, Johnston, J". T. Peters, Weaver, A . J. Daniel, Johnston, T. D. Pettibone, Weaver,J.B. A.. bill (S. 2420) granting a oonsion to Sidney Denton; Dibble, Jones,J.H. Phelps, Weber. . A bill (S. 2427) for the relief of the legal representatives of Eliza"!J. Dingley, Kelley, Phnnb, Wellborn, Ferris· . Dorsey, Ketcham, Price. West, Ely, Kleiner, Ranney, Wheeler, A bill (S. 2452l granting a pension to Rachel Ann Pierpont; Ermentrout, Laffoon, Reagan, White. a. c. .A bill (S. 2453 granting a pension to George W. Peavey; Ev-erhart, La Follette, Reed. T. B. Whiting. A bill (S. 2454 granting a pension to James S. Furniss; Findlay, Landes, Reid,J. W. A bill (S. 2459) granting a pension to Eliza Wilkins; Foran, Lanham, Rice, A bill (S. 2460) granting a pension to Stephen D. Mead; NOT VOTIN0-100. .A. bill (S. 2463) granting a pension to H. D. Hobbs; Adams,J.J. Davidson, A. C. Hopkins, Rlchai on, Aiken, Davidson, R. H. M. Budd, Rogers, .A. bill (S. 2478~ granting a pension to John w:-mes; Arnot, Davis, Jackson, Scott, A bill (S. 2479 granting a pension to Mrs. .A.daline P. Loy; Atkinson, Dougherty, King, Shaw, A bill (S. 2502 granting a pension to Louise Paul; and Baker, Dowdney, Laird, S~leton , Barbour, Dunham, Lawler, .Spnggs, A bill (S. 2570) granting a pension to Horaee W. Brownell. Barksdale, Eden, Leblbach, Stahlnecker, Barry, Evan , Libbey,; Stephenson, ORDER OF BUSINESS. Bragg, Farquhar, Lore. Stewart, Charles Brumm, Felton, Marltham, St-ewart J. W. Mr. HOLMAN. I move that the Honse resolve itself into the Com­ Buchanan, Fleeger, .1\laybury, St.Martm1 , mittee of the Whole Honse .on the state of the Union for the oonsider­ Bunnell, Frede1:iek, McAdoo, Stone, E. F. ation of general appropriation bills, the object being to secure prompt Burleigh, Ftmston1 ?t1illard, stone, W.J., Mo, Butterworth, Gay, Miller, Storm, action on the legislative, &c. , appropriation bill before the expiration Bynum, Go1f, :Mitchell, Sw.inbnrne. of the current fiscal year. Campbell,T.J. Green, R . S. Mo:rrow, Talyor, E. B. 1\fr. COBB. I hope the gentleman will allow me to call up bill (H. Clements, GTosvenor, Muller. Taylor, J. ~L Cole, Hall, • Murphy, Tucker, R. 7887) to repeal all laws providing for the pre-emption of the public Comstock, HanbaCk, Norwood, "Viele, lands, the b.ws allowing entries for ti:Jnber-culture, the L.'l.ws authoriz­ Wakefield , - ing the sale of desert land , and for -other purposes. ~r, · ::~n. J.S. g:~~es ''VMner,A..T. Croxton, Hepburn, Pidcock, White,lHilo Mr. HOLMAN. I ca.n not yield uuless the gentleman is entitled to Curtin, Hewitt, Plndar, Wilkins the floor on a motion to SllBpend the rnles. Cutcheon, Hiestand, .Pirce, Wd~n.' Mr. COBB. 1 think I will be. Da~-enpo:rt, Hires, Reese. Wise. 1\Ir. HISCOCK. I hope the gentleman from Indiana [1t1r. HOLMAN] So the motion was aot :agreed to. 1886. CONGRESSIONAL RECORD-HOUSE. 5371'

Mr. MILLS. My colleague, .Mr. STEW.ABT, is still sick and confined certain States and Territ.ories," appro'\"ed March 8, 1B77, is hereby l'epealed: Prcwided, howe11er, That this repeal shall not affect any valid rights heretofore to his room. accrued or accruing nndey said laws, but all bonafide claims lawfully initiated Mr. ERl\IENTROUT. I ask to dispense with the reading of the before the passage of this act may be perfected, upon due compliance with h!.w, names. in the same manneY, npon the same tel'llls and conditions, and .subject :to the same limitation, forfeitures, and contests as if this aet had not been passed. 1\fr. MORRISON. I object. SEC. 5. That hereafter no public lanm; oftbe United States, heretofore (}tfered The Clerk then recapitulated the names of those voting. at public sale, including abandoned militaryor other reservations, and except The following pairs were announced until further notice: isolated and disconnected fractional tracts authorized to be sold by seotion 2455 of the Revised Statutes, and mineral and other lands the sale of which at public Mr. PIDCOCK with 1\fr. FLEEGER. auction b,as been authorized by acts of Congress of a special nature having local Mr. CLEMENTS with Mr. BUNNELL. application, shall be sold at public sale or be subject to private entry. Mr. STONE, of Missolll'i, with Mr. PIRCE. SEc. G. That section 2'>..88 of the Revised Statutes be amended so as to read as follows: 1\fr. WILKINS with Mr. STONE, of Massachusetts. "SEc. 2288. Any person who has already settled on the public lands, either by Mr. HEARD with Mr. HANBACK. pre-emption or by virtue of the homestead law, orlmYamendm.entsthereto,and 1\Ir. KING with Mr. WmTE, of 1\finnesota. any per.son who shall hereafier settle on the public lands by virtue of the home­ stead law, or any amendm.ents thereto, shall have the right to transfer, by war­ 1\[r. ·.ARNOT with 1\Ir. DAVIS. ranty against his own acts, any portion of his pre-emption or home tea.d for Mr. O'FERRALL with Mr. EvANS. church, cemetery, or school purposes, or for the right of way of railroads, 1\Ir. HALL with 1\Ir. CuTCHEON. canals, or ditches for irrigation or drainage across such pre-emption or home­ stead; and the transfer for such public purposes shall in no way vitiate the right 1\fr. STEWART, of Texas, with Mr. COOPER. to complet~ and perfect the title to their pre-emptions or homesteads." Mr. BRAGG with Mr. NEGLEY. Mr. WARNER, of Ohio, with 1\Ir. GROSVENOR. Mr. PERKINS, M:r. HENLEY, and others demanded a second. :Mr. COLE with 1\fr. THOMAS, of Illinois. The SPEAKE;& appointed 1\fr. PERKINS and 1\Ir. COBB as tellers. Mr. VIELE with Mr. HOWARD. " The Honse divided; and the tellers reported-ayes 109, noes 48. Mr. HAlonm with Mr. LORE. So (no further count being demanded) a second was ordered. Mr. .1\IILLARD with Mr. SPRIGGS. The SPEAKER. • Under the rule fifteen minutes on each Bide are Mr. STEWART, of Vermont, 'with 1\Ir. TUCKER. allowed for debate. The Chair will recognize the gen.tlema.u from In­ 1\fr. CROXTON with Mr. DORSEY. diana (1\fr. CoBB] in support of the motion and the gentleman from Mr. FREDERICK with Mr~ DUNHAM. Kansas [Mr. PERKINS] to control the time in opposition. Mr. JONES, of .Alabama; with 1\fr. BURLEIGH. Mr. COBB. 1\Ir. Speaker, this bill is substantially the bill that pas ed Mr. ROGERS with Mr. EzRA B. TAYLOR. the House during the last Congress. I regard it as by far themost im­ Mr. EDEN with Mr. :MAR:Kl!A!I, until June 7. portant bill. with reference to onr public-land system, that has been Mr. CURTIN with Mr. ATKINSON, for Monday and Tuesday. pending in any Congress during the last ten years. It provides vlrtu­ 1rfr. WISEwith-Mr. DAVENPORT, nntil Wednesday next. n.lly for the repeal of the pre-emption, timber-culture, and desert-land Mr. HEWITT with 1\Ir. GOFF, until Wednesday next. laws. It amends the homestead law to the ex.tentofTequiring thatth~ Mr. MAYBURY with Mr. JACKSON, for this day. homesteader shall make his })roof before-be receives his patenij, six Mr. WILSON with 1\Ir. O'~EILL, of Pennsylvania, for to-day. months before the patent shall issue. .As now he may do so at once Mr. MULLER with 1\fr. VANSCHAICK, for this day. and get his patent when the proof is filed. Mr. DAVIDSON, of Florida, with Mr. FARQUHAR, for to-day. , Under our present laws with regard to pre-emption, timber-cu.lture Mr. RICHARDSO:N with Mr. LIBBEY, for this day. and desert-lands, in. view of the passage of this bill, within the last Mr. LAWLER with Mr. NORWOOD, for this day. • . two months the increase of filings under these laws h.'l.S heen enonn.ous. Mr. liENDEBSON, of North Carolina, with Mr. WAKEFIELD, for this I have a statement in my hand from the Commissioner 'Of the General day. Land Office showing the increase of entries at the land office at Denver, ltfr. HEARD. I n.m announced as being paired with the gentleman Colo., which I incorporate jn my remarks, which is a sample of what from Kansas, Mr. HANBACK. That pair relates to political questions; is being done at the other ~nd offices in theWest. but not considering this as a question of that character, I have voted. Comparative statetnent of pre-emption and 'timber-ezdture a_pplicatirm and The resu1t of the vote was then announced as above recorded. cash entries in tlte Denver land offiee. RETURN OF A BILL TO THE SENATE. PRE-E:IIPTIOY APPLI.CAXIONS. The SPEAKER. The Chair will cause a communication from the Senate to be read. 1885. 1BS6. The Clerk 1-ead as follows: I - THE SEX ATE OF THE U ~rrED STATES, June 5, 1886. v ------Ordered, That the Secretary be directed to request the House of Re~resenta- 1ro. No. tives to return to the Senate the bill (H. R. 1.21») for the relief.of the children January·············-····-·······~ · ~···~····--··~...... 120 11 the late Surgeon Albert M. Owen, and to increase their pension. February ... ~ ...... m...... 157 173 The bill was ordered to be returned to the Senate. ~ ...... 145 ~9 Aprll...... 116 i>-52 REPEAL OF PRE-E!!IPTION LAWS. May...... -1 141 "410 Mr. COBB. Mr. Speaker, !move to suspend the rules, takefi m the Tot.als ...... :...... _ ~ ~ 1,632 House Calendar, and pass the bill (H. R 7887) to repeal all laws pr-ovid­ ing for the pre-emption of the public lands, the laws allowing entries for timber-culture, the law~ authorizing the sale of desert lands, and for other purposes. January...... 'Si 106 February-...... 79 135 Mr. NELSON. I demand a second. Maxm ~ ...... - ...... ~ ... - ...... " 95 283 The SPEAKER. .After the bill is read. .April...... ~...... 71 4IG Be it enaeted, &c., That chapter 4 of title 32, excepting sections 2275, 2276 2283., May ...... ,M .. OooO• oooo""" '"'" ...... "' ...... 125 •301 2286,and2288,andsection2299oftheRevisedStatut~oftheUnitedStates,a~daJl other laws allowing pre-emption of the public lands of the United States are Totals ...... _...... -:~ ~ ~ hereby repealed: Provided, howeve1·, That this repeal shall not affect any ~alid rights heretofore accrued or accruing under said laws, but all bona jid6 claims lawfully initiated before the passage of this aclmaybeperfected, uponduecom­ plianoe with law, in the same manner, upon the same terms and conditions, and subject to the same limitation, forfeitures, and contests as ifthisa.cthadnot been January • A~< ""' passed: .And prO'V'ided furtlter, That any person who has not heretofore had the ...... ,..., ~ 28 31 benefit of the pre-emption law, and who has fail..~! from anv cause except by :ifbr~ary ...... ~ ...... :-...... -...... --' di --' fh' · ht h ..,...., ~...... , ~- area ...... ~...... 4B 51 1 .:;~~:d ::h~ ~nd~rrtfe ~o~r:~~ r:~:.c!!~~~k~ ~~~lb.~~~f:!df~: tla~ :::::.~:::::.::·:.~:::::::::.:·::::::::::::::::::::::::::~::~::~::::::::::::::::::::::::::: : .~~ try in lieu of the pre-emption privilege hereby repealed. p SEc. 2. That an act entitled "An act to amend ·an act entitled 'An act to en- T 0 ta1s 194. ~274 courage the growth of timber on the WeStern prairies,'" approved June14,1878, ...... : ...... ~ ...... u.... I ' be, and the same is hereby, repealed: Provided, however, That; this repeal shall not affect any valid rights heretofore accrued ·Or accruing under said laws but *From 1st to 19th. all bonafide claims lawfully initiated before the passage of this act may b; per- • fected, upon due compliance with law, in the same manner, upon the same But I desire to call attention. <>f members of the House to some items terms aJ?-d ~nditions, and subject to the same limitation, forfeitures, and con- in this statement, before they vote, showing the increase in the .filings tests as if tl1is act had not been passed. 0 f li ~~- · te 1 ~....: f th f th' bill · · SEc. 8. That section 2801 of the Revised Statutes be acmended so as t.o read as app ca~.~~s m con mpua.ll~on ° e passage o lS ' companng follows: the ftve months of 1885 with the .same period of 1886. The figures are "SEc. 2301. Nothing in this chapter shall be so construed as to prevent any giYen as follows: In Janua:ry, 1885, it was 120; in 1886,118, or .2less. person who has availed himself of the benefits of section 2289 from paying the In Feb:ruary, lBSS, 157; February, 1886, 173. In March, when they minimum price for the quantity of land so entered at any time after the ex- piration of thirtY calendar months from the date of such entry, and obtaining ascertained the fact that the probability was . the bill would pass the a.pa.tent therefor, the proofs of actual settlement and cultivation thereof to be . entries in 1885 were 145, while in March, 1886, under the 'Bppreh.en­ filed at least six months prior and as preliminary to the application for the pat;. · sion which I haw alluded to~ they increased to 379. In April, 1685, ent, and in the same manner and to the same effect as is provided and. reqmred , in section 3 of this act as to final proofs and the issuance of patents." · there were 116, while in April, 1886, they jumped to 552. From the SEc. 4. That an act entitled "An act to provide for the sale of desert lands in 1st of May to the 19th of May, 1886, 410 were filed, while in May, 5372 CONGRESSIONAL .RECORD-HOUSE. _ JUNE 7,

1885, but 141 were presented. I refer now to the filings under the pre­ Mr. HENDERSON, oflowa. In tbeformin which thisbillisbronght emption law. This shows therefore an enormouS increase under that up it can not be amended in any way. system. Mr. HENLEY. I know that. Now let us look at the timber-culture act. In January, 1885, there Mr. PERKINS. I yield four minutes to the gentleman from Kansas were 57 filings; .in 1886, the same month, 106. In February, 1885, 79, [Mr. ANDERSON]. and in February, 1886, 135; in March, when they began to start, there Mr. ANDERSON, of Kansas. Thereareprovisionsofthisbill which were 95 in the year 1885, ~nd there were 288 in the same month for I can support and others which I can not. It is alleged frauds are com­ 1886. In April, 1885, there were 77, and the same month of the next mitted under these land laws. That is true. I am not only opposed to year they rose to 416. In ltiay, 1885, there were 126, and from the lst of those frauds, but I am in favor of so amooding these laws as to prevent May to the 19th of May, 1886, there were 301, which will carry it up them. It would have been as easy for the l of the desert-land law, which provisions, which rendered possible the acquisition of great areas of is in operation in California, Oregon, Wyoming, and other outlyingre­ lands by individuals in fraud of the spirit as well as the letter of these gions in the westem portion of this continent. The Committee on the enactments; this area, I say, sir, has been so greatly reduced and di­ Public Lands has now on the Calendar a bill providing for the amend­ minished that it is a serious question to-day to the honest toiler in the ment of the desert-land law, for the repeal of which this section pro­ more thickly settled portion of the Union, desiring to take advantage vides; and I think the situation is somewhat anomalous. In my judg­ of the homestead law, where_he shall find an available tract of fertile ment the more logical and sensible way to do would be to amend this land suitable for agriculture. bill, striking out the section repealing the desert-land act, and then pass This generation has lived to see this vast amount of land substantially the bill now on the Calendar under a favorable report amending the disposed of, and should the existing laws be allowed to remain on the latter act. statute-book, I am confident that there are those now taking part in I simply rise for the purpose of placing upon record my protest the action on the bill who will see every acre of arable land belong­ ngainst the repeal of the present desert-land law. I know it ought to be ing to the nation disposed of, as well as that which by irrigation may amended, but it ought not{ to be repealed without something being sub­ be made productive. stituted in its place. I should like to have time to explain what are Mr. Speaker, I believe that if there is any sentiment prevailing the provisions of the bill now on the Calendar, with a favorable report among the people of this Union about which there is almost absolute from the Public Lands Committee, amending the desert-land law. unanimity, and which embraces every opportunity to give to itself ex­ The question of irrigation of desertJands is one which now convulses pression, it is that a stop shall be put to these methods of disposition the State of Caliiornia from center to circumference, and in its ·pres­ of the public lands, and that the residue now controlled by· Congress ence every other question is dwarfed and belittled. It is of transcend­ shall be held for the benefit of Americans alone, who shall be actual ent importance to our State to pass the law I have spoken of. I am settlers in homesteads only in small allotments not exceeding 160 acres, opposed to the unconditional repeal of the law. As it is, its operation and which shall be given them without cost, except the usual small fees­ has been subject to frauds and abuses; but my effort before the Public to the local land officers. J... ands (Joinmit~ was to have it amended, not repealed outright. A.s This same public sentiment also demands that the great areas of to the bill itself, I shall be constrained with some reluctance, owing to lands offered as bounties by the Government to railroad and wagon­ section 4, to support it; but I do so, for the reasons stated, under pro­ road corporations, and which have been by the Interior Department test, and I give notice that at as early a day as possible I shall press to withdrawn from the operation of the general land laws of the United a vote my bill amending the desert-land act. States; so that settlement upon them was impossible by the citizen, 1886. CONGRESSIONAL RECORD-HOUSE. 5373- although unearned-that these lands, to which th~ corporations inter- As I shall presently show, this ingenuity has resulted in frauds of ested were not entitled by the terms of the laws making the grantB, or at the most alarming character, and which lead me to say that this bill least by an equivalent equity, should be restored to the public domain is of so much consequence. . for t.he benefit of actual settlers only, as I have before stated. Later on, yielding to a sentiment that a liberal policy as to the plant- To that end, sir, have the labors of the Committee on the Public ing of forest trees would encourage that practice in the great prairie Lands been directed, ·especially during this and the last. Congress. regions of the Northwest, the timber-culture act of 1873 was passed. These labors have resulted in the presentation to the House of the va-: That act provided that" any person" might make an.entry of 160 rious forfeiture bills w h.ich have passed, those now on the Calendar, as acres ''for the cultivation of timber thereon,'' requiring at least 40 well as the bill now being considered, the object of these bills being to acres of timber, &c., final proof after ten and within thirteen years repeal all such measures now on the statute-books as render possible from entry. · the improper acquisition of great bodies of the public lands by individ- Various amendments have been made, so that now in substance the uals or corporations, and to reclaim and preserve all public lands for law requires that only one quarter-section in a section shall be so en­ the purposes stated. tered, that 5 acres shall be '• broken'' the first year, and 5 the second, These laws, which the committee think should be repealed, are the and the 10 acres set to treeswithin the first four years, and that final pre-emption, the timber-culture, and.the desert;:.land acts. These the proofmay be made after eight and within thirteen years from entry. committee earnestly insist should be wiped from the statute(:!, and in .A.s I think I shall fully show, Mr. Speaker, whatever the hopes were that way the door be shut against the continuance of the frauds to which inspired this legislation, they have wholly failed, and the act which somewhat in detail I shall presently call the attention of the has been used as a basis of frauds similar in character to those under the House and, I hope, the country. pre-emption law, beside the further fact that the law is a failure by I know there are many gentlemen about me, possibly a large propor- reason of its inherent defects. tion of the Horue, who have a very vague idea of the details of our This all results in the conclusion that the law should be repealed. public-land system, and henee of the necessity of this action. The lo- The only oth.er law of general application in force is the desert-land calities from which they come are not affected by the existing laws; law. nor have they had occasion to examine the matter in connection with ./i.s is well known, there are Ya.st areas of ]and in the western, north- the performance of these public duties. western, and southwestern portions of the Union which, owing to the I trust I may be pardoned if I take a few minutes in giving ~uch an lack of rainfall, are unproductiveofcropsexceptwhenirrigatedby arti­ abstract of the legislation as will make the present situation intelligi- :ficial contrivances. The purpose of this act was to secu.rethereclama­ ble. · · tion of these lands thus barren and unproductive, and as the process of In earlier days the practice. of disposing of the public lands was irrigation was necessarily expensive, it was urged that inducements of this: When they should besurveyed they were, by proclamation of the larger areas ofland must be held out to secure attempts. So by the President, offered for sale, at public a1.1ction, to the highest bidder for act land not exceeding 640 acres in co.mpact form may be purchased cash, a minimum price of $1.25 per acre being .demanded. at $1.25 per acre, 25 cents when the "filing" is made and $1 when the Practically, at such sales Yery little land was sold, and that remain-· final proofs are made, if ever, and with this proof of conducting water ing unsold was technically known as "offered land," and was there- upon the land in sufficient quantity to reclaim the tract.· T~e abuses after subject to what was called ''private entry;" that is, the right of of this act will be noticed later. These, sir, are the laws of general purchase by any one at the local land office, in any quantity, at $1.25 application as to disposition of the public lands, and for reasons to be per acre. stated we recommend the repeal of all except the homestead law by this The policy w,as, as is apparent, to sell the public lands as rapidly as bill. possible for the purpose of. obtaining as much revenue as possible there- !fr. Speaker, this bill in substance passed both Houses of Congress from, and thispolicyofadministeringtheaffairsconnectedwith the pub- in the Forty-eighth Congress; it has been recommended by the Com­ licdomaincontinuedfor many years; and indeed large areas of "offered missioner of the General Land Office for four successive years, and two lands"-still are held on the books at the Land Office, located especially Secretaries of the Interior, the present one and his predecessor, have in the South, and which are now being rapidly taken up by capitalists favored its passage. in large bodies. Mr. McRAE. Will the gentleman allow me to interrupt him? Under this practice, and especially beginning about 1838 to 1840, a Mr. PAYSON. No, sir; unless I misstate something. I shall then very large proportion of the "surveyed lands" thus "offered " were be glad to be corrected. secured and held in large bodies for speculative purposes, and the set- Mr. McRAE. I. think you do misstate when you say that this bill tler was asked a· largely increased price for them. This drove the set- passed both Houses. I ask whether section 5 ever p:issed either House? tier beyond the limits of the ''surveyed lands,'' and settlements were Mr. PAYSON. I say that this bill in substance passed both Houses, made upon not only "surveyed" but unsold lands, but on unsurveyed and the.only reason it did not become a law was because in the Senate lands as well. a bill of a private nature affirming some private entries in Michigan This led to t.he passage of the pre-emption (or prior right of pur- was attached to it on the motion of a Senator from that State, and that chase) law of 1841, which gave the actual occupant the first right to amendment defeated the bill. But the principle of this bill has been purchase, but this act restricted the operation and privilege to "sur- recommended for four years past by the Commissioner of the General veyed " lands, and this right was extended by the act of 1853 to un- Land Office, and also by the last Secretary of the Interior and by the surveyed lands. present one. The pre-emption law was the first general law of the Unit-ed States Mr. McRAE. I assert that no such provision as is contained in sec- for the disposition of the public lands in the interest of actual settlers, tion 5 ever passed either the House or the Senate or has ever been and under it, to a great degree, has been the marvelous growth and de- recommended by the Commissioner. velopment of the great West and Northwest. But it must be kept in Mr. PAYSON. 'Now, 1\Ir. Speaker, the necessity for the passage of mind that the pre-emption law was a settlement law, and no one was this bill is found in the reports of the Commissioner of the General entitled to the benefit of its provisions except an actual occupant of Land Office. For the last three years all the frauds with which the the land itself, and upon payment Of$1.25 per acre. public land system have been tainted, and which have grown to such In 1862 the homestead law was passed, which, in substance, gave the an extent as to have become a stench in the nostrils. of every m&D. who land, not exceeding 160 acres, to the settler on five years' residence. has undertaken to examine the subject, have arisen out of the existence But this ad contained the provision of a right on the pa1·t of the set- of these laws upon our statute-book. tler to ''commute" his homestead-that is, the right to buy the land Mr. HENDERSON, of Iowa. Will the gentleman allow me one at $1.25 per acre-after a limited period, so that the homestead act, with question? its commutation feature, was essentially the pre-emption law. .A.nd Mr. PAYSON. Yes, sir. we have had since that two systems of settlement laws for the disposal Mr. HENDERSON, of Iowa. Does this bill in any way affect the of the public lands with the only result, after keeping up the two sys- right of a soldier in making a land entry to have credit for his length terns, of permitting acquisition under ea-ch of a farm of 320 acres to each of service? eettler. Mr. P .A. YSON. I thank the gentleman for asking that question. It For many years, as the area was so vast, but little thought was given does not affect the soldier directly or indirectly. The provision of law · to ultimate results under the practice of "private entries" in unlim- which gives the soldier the right to be credited with his length of serv­ ited quantities and of double entries by ''homestead'' and '' pre-emp- ice is found in the homestead law in section 2305 of the Revised Stat­ tion." W~th the diminished.area of agricultural public lands there utes, which is as follows: have been no general proclamation for sale of such lands by the Presi­ SEc. 2305. The time which the homestead settler hn.s served in the Ann)•, dent for many years, and by the withdrawal of much land from private Navy, or Marine Corps shall be deducted from the time heretofore required to entry by executive order opportunity for speculation in the purchase perfect title, or if discharged on account of wounds received or disability in·' curred in the line of duty, then the term of enlistment shall be deducted from; of lands direct from the Government has been correspondingly reduced; the time heretofore required to perfect title, without reference to the length of and owing to greater demand for lands in la~ years for obvious rea­ time he may have served; but no patent shall issue to any homestead settler. sons, such as the rapid increase in population, increase in value in farm who has not resided upon, improved, and cultivated his homestead for a period lands in older sections of the Union, the discontinuance of public sales, of at least one year aftex he shall have commenced his improvements. &c., the ingenuity of capitalists and speculators has been exercised to That provision is part of the c~apter of the statutes on "homesteads," evade the plain spirit of the law and to acquire lands evading the '' set­ with which the bill does not interfere, except to extend the commuta­ tlement " provisions. tion feature to thirty months, and which I will explain hereafter. 5374 CONGRESSIONAL RECOR.D- HOUSE. JUNE 7,

noeent purchasers, nor is the Estes Park Company, in whom the title now seem.! The bill proposes the repeal of the pre-emption law, the timber-cult­ to rest, innocent pnrcha.~ers, Theodore tVhyte, its a,n-ent and general mana­ ure act, and tbe desert-land act, but does not touch the homestead law ger, having been one of the principal actors in all the trans ctions connected except to extend the commutation provision from six months, as it is with the entry and transfer of the same, and, as I am informed, one of the prin­ cipals in bringing about or inducing the fraudulent entry of the lands. now, to thirty months. It does no't touch the soldier question at aU Whether any of the stock of the Estes Park Company has been sold or dis­ one way or the other. I am glad the gentleman asked the question, posed of to innocent purchruiel'J!I or not I have not been able to find out, but it is because I Uliderstood my colleague, the chairman of the committee, to believed by persons who l1ave good opportunities of knowing that none of the stock has been sold. If none of the stock has been sold to" innocent parties say in a-nswer to a question by the gentleman from Pennsylvania [Mr. there would seem t"O be nothing. in the way of setting aside the patents, and in NEGLEY] that it did, but that is a mistake. If he so replied he doubt­ thi opinion the United States district attorney fully concurs. less misunderstood the gentleman from Pennsylvania. I am now ad­ In conclusion I will add that I am forced to belie'\"e from all the circumstances and the testimony of reliable and trustworthy citizens of Colorado that this has vised that he did not hear the gentleman from Pennsylvania. been a deliberate and systematic scheme to obtain possession of all the best Mr. PETERS. Will the gentleman state what proportion of the pub­ lands in Estes Park by fraud and perjury. lic domain is now remaining that can be taken up under the homestead The other cases mentioned in your letter of Februat·y 24 will be reported as soon as I can make them up. law? Very respectfully, your obedient servant, Mr. P A.YSON. Probably not exceeding 20,000,000 of acres. Take • JKO. M. ;JON&';, SpeeiaL4.gcnt. the reports of the Commissioner of the General Land Office for the last Hon. J. A. WILLIAMSON, Commissioner Gen{! ra! Land Office, Washington, D. 0. four years, and you can hardly find a page that is not bristling with ac­ oonnts of fraudulent and fictitious entries, sometimes amounting to Appended is a list of the lands, aggregating nearly 7, 000 acres, and the 30,000, 40,000, or eYen as high as half a million acres in inclosures names of the assumed entrymen, mythical and personal, under which based on these fraudulent entries. I have papers in my d~ covering these frauds were perpetrated. cases where at least a half million acres have been taken under ficti­ Here let me insert some of the official reports bearing on this ques­ tious entries. I have a communication from the Commissioner of the tion, premising them with the statement that these are only typical of General Land Office, saying that in Estes Park, in Colorado, 6,000acres the situation. They could be extended, I\lr. Speaker, almost ad in· were taken at one time in behalf of mythical claimants, but really for finitmn: · · a man who is a nobleman in England, the Earl of Dunru.ven. [From A. R. Greene, inspector, NoYember 3, 1884.] This is the paper: Generally speaking, I believe that fraudulent entries of the public land in­ LARAMIE CrrY, WYo., Apri& 18,1881. clude a large per cent. of the whole number, excepting possibly easb entries. Sm: Referring to your letter "A.," of February 2!,1 have the honor to inform The idea prevails to an almost universal extent that, because the Government you that I went to Denver, Colo., on the 3d instant, and after conferring with the in its generosity has provided for the donation of the public domain to its citi­ United States district att()rney at that place, I found it would be necessary to go zens, a. strict compliance with the conditions imposed is not essential. 1\len to Estes Park in order to get the information required to make n full and com­ who would scorn to commit a dishonest act toward an individual, though he were plete investigation of the alleged fraudulent entries of lands referred to in your a total h·anger, eagerly listen to every scheine for evading the Jetter and spirit letter. of the settlement laws, and in a majority of instances I believe avail themselves I accordingly left Denver on the 5th instant and reached Estes Park the same of them. evening, having traveled 35 miles with livery team. On reaching the park I Out· land officers partake of Ulis feeling in many instance, and if they do not­ fonnd A. Q.l\laegregor and othel'S who have lived in the park and been eon· ·corruptly connive at fraudulent entrie'3, modify their instructions and exceed nected with it ettlementfrom tbe commencement. Afte1· obtaining all the in­ their discretionary powers in examinations of fLnal proof. This is especially formation that wa within reach in the park, lwent to Fort Collins {the county theca e with entries under the timber-culture law. seat of Laramie County) for the ptupose of making an examination of the At the very best, this law wasa doubtful experiment at the tart.. The greater county 1·ecord with re(el'ence to the transfer of nny of the lands embraced in portion of the lands upon w bicll artilicinl groves could be grown without irri­ the list alleged to have been fra.udnlenlly entered. · gation had passed from the Goyernment before it was enacted. I have never For conve11ienee I have made a tabulated statement, and inclose it herewith, seen any instances of its success except in the eastern portion of Nebl'3.Ska and of aU the lands that have passed into the hands of '£heodore Whyte, who has Southeastern Da~ta. I do not say there are no other. been the general agent of the Estes Park Company. This statement is marked The prime cause of failure lies back of :iny fault of the entrymllD, although Exhibit A, and shows in wliose name the lands were patented, the date of the llls remissness makes the failure more compLete. Natunl causes and neglect entry, the register and receiver's number, the date of the deeds transferring the together have rendered success impossible. · same to Theodore Whyte, and the date of recording in the county records of H :is not a question of encournging a climate and oil favorable to forest Innimer County. growth to greater productiveness, but one of compul ion again t the embarrass­ From A. Q.. ::.U:acgt·egor and others of Estes Park I learn that the first-nam~d ments of an uncongenial soil and blighting winds. thirty persons in Exhibit A have never lived in Estes Park, never made any The experiment has approximated succe s about as nearly as an effort to settlement on the land, and, in short, never hn;ve complied with or attempted to make water flow uphilL I doubt if the trees standing on any timber-cultul'e comply with the law. for the 'Settlement on the public lands; and, in fact, these entry west of the one hundredth meridian would retard a zephyr. thirty names are believed to be fictitious, having no existence in fact. The hopelessness of the attempt was appa.rent to every one who was familiar As to the other eight names on the exhibit some of them have been in the Park with the soil and climate of the region proposed to be reclaimed at· the outset, oecasionally ancl others have lived there, and a portioQ. of them have made but the opportunity for getting a quarter-section of land fo1· a trifle induces men showing of settlement, but none have complied with the law by living on and to go through the merest fo!'m of compliance with the law and make up the improving the land. They evidently started out to take the land and transfer it 1-est by perjury. I hesitate to make the statement that in a large proportion of to Theodore Wbyte or the Estes Park Company, by prior agreement to that ef- cases 1w pretense of complying with the law has been made, but l believe such fect with Whyte. . to be the case. I have traveled over hundreds of miles of Jand in Western Kan­ The witnesses to the foregoing facts, :md by whom they can be proven, areA. sas, Nebraska, and Central Dakota, nearly one-fourth of which had been taken Q. Macgregor, Henry Farran, Lyman A. White, W. L. Walsh, and Charles under the "timber-culture act," without seeing nn artificial grove even in in­ Thorne, of E tes Park; Lewis Rowe, of Fort Collins; David Miller, of Loug­ cipiency, and can scarcely recall an instance in any one day's tro.vel where the mout; ;r, M. Cavanaugh, of Central Gulch, Boulder County; Hugh McDermot, ground had been more than scratched with the plow for the purpose of plant­ of Griffith, Saint Vrnin's Calion; Dexter Smith, of Evans's Ranch, Saint Vrain's ing trees. Canon, Griffith; J. Evans, of Saint Vrain's Ca.iion. . ' I hnYe seen small patches of land (possibly 5 acres) where the prairie sod had Several of the above-named parties were witnesses before the grand jury who been" listed" in furro·ws ti or 8 feet apart each way, nnd occasionally a sickly indicted the thirty parties first named on the exhibit some years ago, and who cottonwood sprout, 2 or 3 feet in height, of the thickne of a man's thumb, stand­ then t-estified to all the material facts I have mentioned. ing thereon. In other cases the land had evidently been honestly plowed at If fnrther testinlony is needed the names of other witnesses can be obtained some time, but through neglect had gi'own up again to grnss and the trees (?) by referring to the old indictment in the Denver court. By the examination of were holding up their tiny) cattle-browsed. ftre·burnt branches in mute protest the records at Fort Collins I find that aU the lands embraced in Exhibit A (ex­ against the farcical absurd 1ty of the "tim ber-cul tu re net." cept those marked "not transferred") were conveyed by warranty deed to As to the proportion of land entered tmdcr the timber-culture act that is not Theodore Whyte by persons representing the names on Exhibit A. The ac­ improved as requiied by that act, I give it as my opinion that in Kansas, Ne­ knowledgments were made before either Albert B. ;Jones, George 1\1, Howe, or bra ka, !llld Dakota the proportion is 90 per cent. to 10 per cent. of bona fide and Inon Brooks, notaries public. po ibly successful cultivation. On the 1st day of l\1arch.1876, there was recorded a power of attorney from 'I' he methods by whieh fraudulent timber-culture entries a1·e made consists, Theodore Whyte to Windham Thomas, Earl of D11I1J'aven, of London, England, fhst, of a failure by careless entrymen to comply with the law. A large class of authorizing said earl to sell or dispose of Whyte's one-third interest in all per­ homesteaders take up adjoining quarter-sections under this act, and intend after sonal :md real property in Estes Park. Said power of attorney is recorded in the lands haye passed to patent to app-ropriate the whole of a wheat field or stock Book I, pages 138 and 139. farm. They "don't want to be bothered with b1·ush," and argue that the act On the 14th day of September,1876, there was recorded a deed (without war­ was made to be evaded. . ranty) from Theodore Whyte to Frederick G. Cornish for all the land embl'Rced They go to the officer before whom final proof is to be made, and their neigh­ in EXhibit A, the consideration being$5. bors, who are similarly situated and entertain like opinions of the land law , On the 5th day of September,l876, Frederick G. Cornish made a. deed of trust appea1· as theu· witnesses. Probably the tract 1-eq uired to be cultivated may have for all the lands named in Exhibit A, the consideration being $5, the considera­ been plowed and planted with trees or cuttings. It may have been subsequently tion of the trust to hold said lands in trust for the Estes Park Company, or to culU,•ated after a. fashion :md gaps in the rows replanted with trees. These facts dispose of the same in whole or in part, or to be governed by the wishes of are dwelt upon by the witnesses, who expect alike favor of the entryman in Windham Thomas, Earl of Dunra.ven. This deed was recorded September 14_, their own beha.Jf in the future. The officer sometimes volunteers a few quest-ions 1876, in Book I, pages 228 and 229. On the 4th day of Februa.ry, 1879,David H. to further convince himself that the law has been respected, and for want of any Moffet, jr.,and Theodore Whyte deeded by quitclaim to the Estes Park Com­ e\idence to the contrary the proof is accepted and the final certificate issues. pany all the lands described in Whyte's deed to Cornish (without any other The above represents the better class o'f timber-culture entries that may just! y description of the land); consideration, L This deed :is recorded in Book L be termed fraudul-ent. page36. A m01·e vicious system of fraudulent entl'ies has been successfully practiced So far as U1c county records show, the tiUe now rests in the Estes Park Com­ by and in the interest of cattle-men and stock corporations. If the law had pany to all the lands described in Exhibit A. been enacted solely for their benefit it could cnroelyha.ve been more successfuL This corporation (Estes Park Company) :is organized under th~ laws of Great I have been told that entrymen engaged in this cha1-acter of frauds seldom Britain and doing business in Colorado. make a pretense of plowing or planting trees, or complying in any parti_cular Theod.ore Whyt~ appears to be the authorized agent and general manager of wilh the law. My own observation confirms this statement, and I believe it to the company. The company is known and commonly called the English Com­ be true. This is largely the case in Colorado, Dakota, 1\Iontana., Nebraska, and pany. New Me:rico, where immense stock ranches have been established and n.ll tho Frederick G. Cornish, to whom '\Yhytedeeded the land, :is a personal friend of valuable grass land and water have been secured. This system also obtains t~ n.o Whyte. (BothareEnglishmen.) _ inconsiderale ext-ent in Kansas, I belie>e. David H. Moffit, to whom the deed of t,rust is made (in -part) by Oorttish, is The method is simple, effective, and infamous. president of the First National Bank, of Denver, and I am informed the Estes I have had occasion to inquire into its details somewhat in the examination of Park Company do all their banking business with Motlitt's bank. land offices in connection with charges of collusion on the part of the officers. From all the facts and information that I have been able to collect, I am forced A" cattle king" employs n. number of men as herders ; "cowboys" is the pop­ \.o the' honclusion that none of these lands have passed through tbe hands of in- -ular designation for them. The herd is located on a favorable portion of the 1886. CONGRESSIONAL RECORD- HOUSE. 5375 public lands, where grass, water, a.nd shelter are convenientt and ea:ch herder is Mr. Speaker, I call especial attention to this report. Over forty-three expected and required to make a timber-culture entry of lanas along the stream. These entries often very nearly, if not quite,occupy all the watered lands in a hundred entries were carefully examined, all presqpposing settlement, town hip and render the remainder undesirable for actual settlement for farm­ occupancy, and cultivation, and yet less than one hundred actual set­ ing purposes. tlers who are farmers and not one farmer on a pre-emption claim! Thus an entire township, and frequently a number of townships together, are domina.ted by an interest the most inimical possible to ordinary agricultlll'al [From Thomas W. Jaycox, special agent, Aberdeen, Dak., October 25, 1884.] operations and a. development of the country, If a bona fide settler has loC3.ted In my opinion not more than 30 per cent. of the land in this district entered in advance of the cattle-man he is either bought off or scared off. I found one nnder the provisions of the pre-emption and homestead laws is occupied by ac­ case where the evidence showed conclusively that lxmajide entrymen had been tual settlers. The practice largely preYails of immediately abandoning the driven from the land they desired to acquire by a party of men brought from a land when cash entry is made for the same. Fully 75 per cent. of the entries distant part of the State, who did not know the description of the lands they made under the provisions of the pre-emption laws are made for speculative filed on until it was furnished by the man in whose interests the lands were be­ purposes, and not for a home and fot' cultivation. The claim~ts mortgage ing taken, and who fllrllished the money for the entry fees. their claims for as large a loan as they can procure upon the land, then make a. A. strong presumption of collusion of the land officers was raised in this case, homestead filing, move in town, return to the East, where they c.'\.me from when the preponderance of evidence being that these fraudulent entrymen were given they entered the land, or offer the same for sale, when it is purchased by non­ the preference over ot-hers who applied to make bonafide entries, resident speculators. The result in either case is the same-the land is left un­ It is unnecessary to multiply cases. The methods are similar-methods in occupied. which brute force is the larger factor and a defiance of law and decency the I am of the opinion that 90 per -cent. of the entries that are ronde under the brazen boast. The results are identical. provisions of the timber-culture act are made purely and simply for specula­ Our land officers are largely to blame for abuses of the land laws in general, tion. The entryman when he makes the entry intends to relinquish the land at and the homestead law is no exception. · · the end of three years at the farthest, when the x-elinquishment will be worth lt seems to me there should be some way to distinguish between a fire guard from $200 to $500. I am of the opinion that very few limber-culture entries will of.a few furrows plowed around a quarter-section and a. oorn-tield-som.e way to be proved up under the provisions of the timber-culture act. They will be determine whether .a. de cription of a. hause "14 by 16" referred to inches or feet turned into pre-emptions or homesteads and pas out of the ha·nds of the pecu­ square; whether the ftoor was box-ed or board, and whether the" shingle roof" lators as soon as it becomes troublesome t.o (lomply with the lAw. meant mo-re than two shingles, one on each side. This may sound ridiculous, and yet the statem.ent has been mllde to me that {From Special Agent William Y. Drew, Wichita, Kansas, November 25, 1834.] these simple evasions hM·e been very successfully employed in acquiring home- stead entries in Dakota and elsewhere. • My work has been penormedalmostentirelynpon the Osage andKIUlSas trust ll1a;e found one land office where the rules were so la:s: tha.t a house 6 by 8 and diminished reserve lands, which lan-ds are only subject to entry by pre-emp­ feeL built of nnba-ttened boards, was accepted as a " comfortable residence" in tion; therefore my experience and obserration in 1-egard to the obtaining of tlte latitude 46° north. public lands by homestead or timber-culture entry has been >ery limited.. A settler once importuned me to advise the land officer.stoallowhim to make There are two kinds of fraudulent entries of public lands that have c 1me un­ final proof before the expiration of the full time because "his family was anx­ der my obse1·vation,the "int-entional" and •·nninteutional." The '' unin~ o ious to go back to Chicago, and woul-d be liable to freeze to death in the shanty tiona!" are those where, through the willful or mistaken interpretation of th~ if tht>y remained on the homestead.'' This man was a minist.er of the gospel and laws relative to what is required in seWing on and pro,·ing up on tl1e pub­ a highlyrt>spectablecitizen, but hismora.lperceptibilities were fearfully blunted lic lands given by notaries or real estate agents to the persons intending to when be C3.me to consider land laws. avail themselves of the pre-emption law, the entryman does not comply with 1\ly observation has convinced me that entri~ of timber lands are made very the law in residing on or making a home on the land. In some cases they ha·.·c largely in the interest of miU-men and lumber companies, their employes being been led to believe that, by putting up a sod inclosure 3 or 4 feet high nnd used to perpetrate the frauds, ;ery much as the herders of the c.'\ttle companies t-hrowing some loose boards oYer it for a roof, two or three days before go­ are in the case of timber-culture entries. in.,. to make their proois, and having from 2 to 10 acres plowed, all they wou.td I ha;e seen a mill--owner appear at a land office in company with seven or ha;.e to do would be to claim it as thelr home, even if they never ate o-r lepton eight of his employes and as ist them: in making homestead filings, giving them it, and it would be a. substantial fulfilling of the law's requirements. Others the money for the fees. The most rigid examination and impressive adminis­ ha,·e the idea that by going on the land about once every month, sometimes tration of the oath failed to betray them into any confession of collusion, how­ eatiug and sleeping upon it at those tim~ and sometimes not, that they have e,·er, and all that could be done was to put a special timber -agent on the tra-ck fuUy complied with the law. They will hM·e probably a small hanty -or sod of an investigation. This was done, with what results I never learned. bouse that would hardly shelter a pig, and a few am-es of breaking. As regards the unl wful fencing of public lands, the evidence is of the most These parties very often build and makeotherimpl"O\'ements on the land and positi;e and convincing chara-cter. It is notorious that exteusiYe inclosures of occupy it after proving up. Others di-spose of the lan-d very soon atter proving thi kind have been made inNebraska in the vicinity of North Platte, and south up, though p-robably they had no intention of doing so at the time of making ofthc-t"e at inconsiderable interv.ls all the way to and into the Indian Terl'itory, their proof. There are a good many cases of this kind, and I have had my at­ including large areas of the States of Nebraska, Colorado. and Ka.nsas. There tention oolled to several and havc reported on them. The " intentional'' frl} uds m-e doubtle otbet· similar nnlawf11l inclosures, but I speak of those with which are wher.e parties ba.ve employ.edothers to prove up onpnblk land , furni hing I am familiar. the money t-o mak-e the payments and paying the entryman a mall amount fot· These inclosures occasionally included settlements, and the stock companies his services._ have in some instances bought the settlers' improvementsandamicab-lyinduced In some case stock-raisers have had their employes pro,·e up on lands on them to leave. In other cases. bloodyfeudshave been originated, of which there which their stock was ranging, and as fast as one batch would get throu-gh could be but one result, and that against law ru1d justice. another batch would be employed, and in that-way quite a large amount ofthc The effect of such domination upon immigration and settlements is the worst public land would be gobbled up. In some cases that have come under my ob­ that can be imagined. servation the parties who it is claimed proved up on the land were never known The best lands, and practically all the waters, are -controlled by men who have or heard of in the vicinity, but the improvements made on the land have been no interest in the development of the country, evade taxation, and in many cases done by parties who afterward obtained the land, and presumably hired the owe no allegiance to our laws and Go,rernment. They have abundant phy~ical entryman just at. the time proof was to be made to make the required affidavit . power always at band to enforce their schemes of spoliation and set the local In other cases! believ-e that theentrymanwasamyth, and that the proof papers authorities and people at defiance. and deeds of the land were made out lin the notary's offiae,:fictitious nam.es at­ St>ttlers avoid such localities as they would districts stricken with a plague, tached for both principal and witnesses, nnd acknowledgments taken by the and the tide of immigration turns back to publish and magnify the evil. notal"y as though the parties hnd actually been present. There are other -cases where partie made a business of pro·dng up lands [ From Special Agent Webster Eaton, Duluth, Minn., October 28, 1881.] under different names, apparently for the purpose of obtaining from $50 to SlOO TlH~ territory ope1-ated in by me is in the northm·n portion of the State of Min­ bv mortgage more than the land cost them.. nesota and is embraced in the Duluth and Saint Cloud United Stl\tes land dis­ "some parties have fenced in large bodies of the public lands through which tricts. It is a. timbei·.ecl country, and but ·a very small portion of the land is water-course is flowing, and by themselves and their employes have proved up adaptJ:x\ to agricultural purposes. Fully one-third of the suriace of the land in the 1and adjoining the watex-course. . They claim not to interfere with settlers the territory referred to is covered with swamps. A. Jarge portion of it is also going into the inclosures, but as their cattle are running at large inside the set­ coYered with ledges of rocks. About one-teLth of the land is covered with pine tler can not raise a crop without he goes to the trouble and expense of fencing forests. in the tract he claims, and then there is alway more or less trouble in.other In reference to the Duluth land district I will make a few figures for the pur­ ways between the settlers and herders in regard to keeping gates closed and pose of more thoroughly convincing you that my calculations and estimates geUing settlers' cattle mixed wilh the cattle belonging to the stockmen. It is are about correct. There are in this district 412 townships (some of them frac­ reported that two men (father and son) wm·e killed in Barber County by herd­ tional). Of this number 305 have been -surveyed nnd the plats returned to the ers on accouut of leaYing the gates open while going to land they were claiming local office, and 107 fu·e yet unsurveyed. Two hundred and seventeen of the inside the inclosure. su-rveyed townships have been offru:ed at public sale and 88 are nnotfered. (Prom Registe-r ~md Receh-c~·,l\IcCook, Neb., November 26, 1884.] There have been 2,361 homestead entries made in this district. Of these 887 have been what is known as soldiex·s' additional homesteads, and more than All or nearly all the lands bordering on streams ha.ve been taken under the 1,000 others ha\·e been commuted to cash aft.er a p1·etended residence of six homestead, pre~mption, and timber-cuftm-e laws. Proofs are made, and we months. Only 2'i3 have been proven up on as actual hom-esteads, and a very hear it reported that deeds are executed soonaftel· to other parties, but to whom large proportion of this last number ba~ been by old soldiers, who were com­ we haye no means of knowing at this office-presllUlably to cattle companies. pelled to have a. residence on the land but a. short time. Up to this date there ha\'e also been 3.,280 declaratory statements filed, upon about two-thirds of As to the timber-culture act, :Mr. Secretary Teller, in his last.a:zm:ua.l which final proof has been made. Thus it will be seen that there have been law in the ovex 4,300 final entries of this kin-d m:ade, to say nothing about the cash entries report, recommended the repeal of this following forcible and entries at public sale ; and I know that there are less than 100 actual set­ language: tlers living upon any of these lands in this land district who make a living by In my last annual report. I called attention to the abuses fl.owing from the op­ far ming, or who are tryin~ to make a liying in that way, and although I have erations of this act. Continued experience has demonstrated that these abu es made diligent inquiry durrng my stay of o,·et· one year i11 this place I have yet are inherent in the law, and beyond the- xeach of admini.strati v-e methods for to find one pet-son who is making a. farm or trying to lllllke a farm upon a pre­ their correction. Settlement on the land is not required. Even Tesidence within emption claim. Therefore I think I am fully warranted in ~ing that less than the State or Territory in which the land is situated is not a conditjon to an en­ one-thirtieth of the claims taken in the Duluth United States land district are try, A mere entry of record holds the land for one year without the perform­ taken for actual settlement. ance of any act of cultivation. The meager act of breaking 5 acres, which ean • The favorite method of obtaining title to the pine and mineral lands of this be done at the close of the year as well as at the beginning,holds the land for section has been to hh·e men for a stipulated amount to pre-empt o-r homestead the secon-d year. Comparativel~·trivial acts hold it for a third year. (Du-ring the mo t vhluable tracts, the same to be conveyed immediately by warranty these periods relinquisnments of the entries are sold to homestead or other et­ deed upon making final proof. The county records of the different counties in tlers at such price as the land may command.) the diStrict will bear me ·witne s that this must have been theca!;e, even though My information leads me to the conclu·ion that n majority of entries under we lto.d no other testimony. Nineteen-twentieths of this land bas been taken the timber-culture act are made for speculative purpo es and 11ot for the culti­ for the pine timbe1· that is upon it, allil most ofthe remainder for iron and other vation of tirube1·. Compliance with the law in these cases is a mere pretense minerals. and does not result in the prod action of timber. On the contrary, as one entry Le s than OJ1e-fentb of the land entered in this wa~' is nmvin the bandsofthe in a section exhausts the timber-culture right in that section. H follows that every original claimants, and most ofjt is considered worth less than 10 cents au acre fraudulent entry prevents a bona ;fide one on any portion of the section with in for agi·icultural purposes, and after the timber is taken off the land is looked which the fr&udulent entry is made. My information is that no t rees are to be npon ns wortlLless, and men ru·e not plenty who will pay the to.:s:es upon this land seen over vast regions of country where timber-cuUure entries have been most for it. Nearly all of the land taken in this IIU\nnerhas been taken for extensive numerous. lumuer firms in different pans of the State. Again, under the opera.tiGn of the pt·e-e:nption,lwmeste:ul, and tim er-cu1lur c

• 5376 CONGRESSIONAL RECORD-HOUSE. JUNE 7,

Jaws any one person may enter 160 acres in each class of entry, makin.,.. a total interview 'wif.h him in 1884, published in one of the lending papers in of 480 acres which may be t.1.ken by one llerson. . "' the West, which I call especial attention to: · [From J. L. Prichard, special agent, Gunnison, Colo., November 29, 1884.] "How is the system of special agents working?" asked a Tribune correspond­ The principal frauds are perpetrated on what I have designated as the hay or ent of Commissioner McFarland, of the General Land Office. grazing la_nds, and are in pl'Opo~t.ion to bCJ?ta fide entries as perhaps 1 to 10. A "Satisfactorily. The special agents have been in the field about six months large portion of them are made by collusiOn between the cattlemen and their and reports from some of them are received every day. I have examined and acted upon.abouteighthundred illegal and fraudulent entries reported by them. employes. The method is well understood by the Department1 and I may say· ~~!f:ti~~nection that these are the most difficult cases a speCI.al agen~ has to These entnes covered about 128,000 acres, of which the Government would have· been deprived except for the new service." "IIave any of the persons who held such entries appealed from the finding rFrom A. F. Ely, special a~ent, Pueblo, Colo., October 25, 1884.] . of the special agents?" In Western, or Southwestern Kansas, in the t~rritory embra.ced in the Larned "Yes; in eighty cases only out of the eight hundred exaimed under this sys­ nnd Garden City land districts, a large number of fraudulent entries have been tem haye objections been offered to the proposed cancellation of tbe entries. made in the interest of parties seeking to control large bodies of land for stock: :r'his fact. is significant of the correctness of the agents' reports and of the wholly ranges. The methods used were to hire a number of young men ostensibly to mdefens1ble character of the impeached entries. The reports are in all cases assist iJ;l. takin.g. care of s~ck, but really to pre-empt a. tract of land for the party based upon a personal examination by the agent of each tract of land and the or partJes des1rmg to obtam stock ranges, the agreement usually being that the entry is held for cancellation except upon positive evidence. It is further found employe, in· addition to his other duties, should file on some trnct of land to be that in few, if any, of the eighty cases have the objections come from the persons designated by his employer, claim that as his home for six months, and then in whose names the entries were made. They usually appear to be from per­ make final proof a.nd convey the land to his employer, the employer to pay all sons who furnished the money for the entries or bought them afterward." the expenses incident to the same. Since the institution of investigations of "What kinds oflands did these fraudulent entries cover?" t.his class of entries the fraudulent entryman, instead of conveying the land by "Pine-timber lands in ~Iinnesota, Michigan, Wisconsin, and lmssouri made deeds, in many cases gives his employer a mortgage on the land. Eight-tenths ostensibly for settlement under the pre-emption and commuted-bm~estead of the fraudulent entries are pre-emptions. laws, but actually to obtain the valuable timber for the nominal price at which The largest pro"portion of fraudulent entries is on the Osage lands in Kansas. agricultural lands are sold to settlers. The principal operators are persons Up to December, 1883, I think three-fourths of all the entries made on these lands largely engaged in the tfmber business, the' settler' being a convenient myth. west of range 16 W. were fraudulent, aud were made in the interest of stock­ -Another cl~ consists of timber lands in California, Oregon, Nevad~ and Wa.sh­ men. Not one-twentieth of the lands entered on the Osage strip were occupiefl .mgton Terntory. The reports of special agents, particularly in California and by actual settlers up to December, 1883. Outside of this tract about one-tenth Washington Territory, disclose a combination of large capitalists, English as of the land entered by pre-emptQrs in the la.nddistrictsbeforepamed is actually well as American, to obtain title to immense tracts of timber land by hiring occupied by settlers. About one-half of the land homesteaded in the same ter­ men, Wf?men, and children. to swear to false affidavits that they make the entries ritory is occupied by actual settlers. as .requued by law _for theu own use and benefit, and not. for speculation. The ~s to the land ente~ed in th~ Pueblo land district. of Colorado, I have not suf­ prwes regula_rly pa1d for a set of false entry papers range, according to there­ fictent knowledge or informatJon to enable me to gtve any correct information. po!-'ts, from $50 to ~100, . The Government gets $2.50 an acre, the land perhaps I can state that in the survey of the Arkansas Land and Cattle Company's in­ berng worth ten times 1ts cost to the speculators. Agricultural lands in Dakota closure we found no inhabitants inside of it except one or two near Granada and have also received marked attention. three or four near Holly Station, and this inclosure contains over600,000 acres of "The pe~ns concerned, directly or indirectly, embrace English peers, East­ land, nnd, as I am informed, all of the water privileges ·in it haye been pre­ ern capitaliSts, adventurous spirits who emigrnte to the booming 'l'erritory to empted. grow.up with the country, and enterprising land·agents and attorneys. Pre~ emption, commuted-homestead, and timber-culture entries are the fa\'Orite in­ [From ,V, H. Goucher, special agent, San :francisco, Cal., November 17, 1884.) strumentalities of fraud in this region. No soener is a township of land sur­ veyed than it is plastered over with entries and filings, more or less bogus, but . I would est.imate that but 5 per cent. of the entries made under t.he timber­ genE!ralJy more, and the actual set-tler who goes to stny, the farmer who is to culture and desert-land laws are in good faith and with the intent of accomplish­ produce the subsistence of the nation, must buy off these pretended claims at ing the purposes contemplat~d in those acts. Ninety per cent. of all the entries high rates before he can obtain the privilege of making an honest entry of the under these laws made in this district were filed within the past two years. As land. The timber-culture laws have proved especially advantageous t-o the the requirements of the laws during such period are preliminary to the object fraudulent control of public lands. '£be principal sphere of operations under intended, especially as to the timber-culture act, no estimate can be made as to these laws is at present Minnesota, Dakota, Kansas, and Nebraska. the proportion of suc4 entries as are really improved by planting and cultivat­ "The failure of the timber-culture law to produce the results contemplated ing trees. My ~stimnte of5 per cent. i!l based on the number of entries that are and its success in promoting fraudulent land entries are paralleled by the des­ relinquished and the general tone of the settlers from conversations, &c. ert-land act, the frauds under which are committed mainly in the Pacific States As a rule, it is safe to assume that the entries made under the desert-land law and Territories. But the frauds do not stop there. The Government price for in tbe Los.Angeles district are for the purposes of specufation, for the reason as coal lands is from $10 to $20 an acre. Fraudulent entries of coal lands are made I have before stated, that owing to prior appropriation of the water it would' be trnder the pre-emption and other agricultural laws. The reports of the special almost impossible to procure the necessary water to reclaim such lands, even if agents cover heavy transactions of this sort in Colorado and other States in the entryman was honest in his intentions: During the year 1877, shortly after which Cf?al abounds, the fraudulent entries proving to be the property of mining the passage of this act, a large number of desert entries were made ip this dis­ compantes. trict of which not 2 per cent. have been reclaimed, as contemplated in the act. "But by ~ar the most cxten!'ive frauds are found iu the grazing country, where the cattle-kmgs have fenced m the country by whole counties, and the investi­ [From Receiver, Boise City, Idaho, October 14, i8S4.] gations by agents show that t.he land within these inclosures is being covered I believe it would be for the best interests of settlers if the desert act were re­ by bogus entries made by employes of the stockmen, the fQrmer supplying the pealed. Large bodies of land are under this act segregated from the public do­ needed affidavits of settlement and the latter paying the land office fees ancl main for a. term of years by st-ockmen and speculators, who can afford to pay pocketing the title. Many entries of this cia~ have been canceled or held for the 25 cents an acre for the use of the land for three years and the hope of sell­ cancellation. ing out to actual setU41l'S. So far as this district is concerned the desert act has "The practice in such old Territories as New Mexicoalld Arizona is found t-o be been!!. drawback rather than a help or advantage. I would advise that it bere­ that the cowboys are brought up in squads to the district land office to swear in ]lealed at the earliest ruoment. melli.tluous Spanish names to affidavits that they have resided on the land ten The Idaho and Oregon Land Improvement Company have acquired title and twelve, or twenty years, when in fact they may have not been in the Terri: eontrol of large bodies of land in several localities in this district and the Hailey tory us many months or days; but theY. swear all the same, and each serves as ftistrict for speculative and town-sUe purposes contrary to law, as I understand !he re~tlon witness for the o~er. The cost of 160 acres to the stock company lS by this proces.'> about $18, a tr1ile over 10 cents an acre. In the newer 'l'erri­ ~~is ~:{:i~:.o the Hailey district only for t·he reason t11at it was formerly plutof tories, where long inhabitancy is not so easily proven, the operation is like that of Democrats repeating in New York city elections. A gang of' pre·emptors' LFroru Special Agent T. H. pavenaugh, Olympia, Wash., November 8, 188J.] is fitte.d out, who. make all the entries required ~Y their employers by merely adoptmg a suffic1ent number of names and repeatmg the process of swearing as I am convinced, from examination and investigation., that 90 per cent. of the principals and witnesses alt-ernately." ' homestead and pre-emption entries made within the territory named herein are made solely for the timber gi"owing thereon, and because such lands are ready Knowing this condition of affairs, the Secretaries of the Interior under sale. By making use of the pre-emption and homestead laws the entrymen save in purchase of tract the difference between 1!2.50 and $1.25 per acre, which the last and this administration, as well as the Commissioners of the swells the profits when sold. General Land Office for several years have recommended the repeal of these laws. These, sir, are from the re~rds at the General Land Office, and were Mr. MacFarland, in his last annual report, speaking of this law, says: all made under the last administration and to Mr. Commissioner 1\Iac­ In my last annual report I renewed the recommendation frequently made by Farland. They are only a few of the vast number of reports made by my predecessors that the pre-emption law be repealed. Continued experience the special agents in the field and are typical of the rest. demonstrates the advisability and necessity of such repeal. The objection that much good has heretofore resulted from the pre-emption system, and that it I state to yon, sir, and to the House that I have examined scores of should not be discontinued because abused, appears to us without good foul)da­ these reports and they are all of the same tenor; there have been no tion under the changed conditions created by the homestead laws. exceptions in the last few years. _ I have said these reports to which I call special attention were made Our committee said to the last Congress, and I emphasize it now and t~ the last administration, and I have selected them for that reason. here: I know that many attacks have been made upon the present Secre­ Whole townships of the public domain have been acquired under this lllw by capitalists who do not reside within hundreds of miles of the land, and never tary of the Interior and the Commissioner of the General Land Office did. '£hey have. secur!!d them through paid agents in their employ, who receive by some of the newspapers for their zeal in the matter of land re­ so much for theu services when they make the proof necessary to entitle them form. to a patent from the Government, and assign their claims to their employe111. This is done, of course, through perjury and subornation of perjury for each From an intimate personal acquaintance with both those officers, and one o.f these. agents or claimants is required to make settlement o~ the pre­ frequent association and consultation with them upon matters con­ emptwn claun under the law, and he must make oath before the register or re­ nected with the public lands, I 1..-now and take this occasion to say ceiver of the land district in which the lands are situate, on which he claims to hnve settled for the purpose of pre-empting, and that be bas never bad the ben­ that both those gentlemen are heartily in accord with the' public senti­ efit of any right of pre-emption; that he bas not settled upon and improved ment of to-day on this question. such land to sell the same on speculation, but in good faith to appropriate it to The reports which come to them day after day from the special his own exclusive use, and that he has not directly or indirectly made any ag~·~ement ~r contr!lct in an! way or !flll.nner with any person whatsoever by agents now in the field are practically like those given by me here, whJCh the title which he m1ght acqwre from the Government of the United but I do not cite them in detail, contenting myself with referring to States should inure, in whole or in pa1·t, to the benefit of any persou except him­ the fhct and citing earlier ones to demonstrate that these abuses have self. And yet it is well known that this oath is daily taken by parties who make it under contracts such as we have indicated above. They file with the re.,..ister been of long standing and that it is no recent discovery. of the proper land district their declaration, make their proof, affidavit and The opinion of Mr. Commissioner McFarland is best shown by an payment required by the law, and receive their title and transfer the sa~e to I 1886. CONGRESSIONAL RECORD-· HOUSE. 5377 the parties with whom they made the contract before they attempted to make at the end of six months; he can have it as a gift by remaining upon it, the pre-emption. as he intends to do; and we therefore extend the commutation feature The present Commissioner of the General Land Office, in his annual to thirty months; that is, if the settler desires to buy his land he may report, renews the recommendations of hts predecessors for the repeal do so'after thirty months. This i.Dsures his residence upon the land of the pre-emption system and the· timber-culture law. Concerning for at least three crop years, and this we think a guarantee that he is the first he says: there bona fide for a. home, and will absolutely guard against speculative The pre-emption system no longer secures settlements by p1·e-emptors. If ft. entries. did, or could be amCLded to do so, it would be useless to any good purpose, be­ Mr. Speaker, I have given a great deal of time, as have others on our cause supplanted by the more effective homestead,law, if a home is.the real ob­ ject designed to be secured. If a home is not the object, the soon,er the facility committee, to the examination of this phase ofthe land question. for obtaining land without making a home upon it, which is oft'ered·by this sys­ I have bad information from unofficial sources, but equally conclusive tem, is removed from the st·atutes the better for the settlement interests of the to me, of the -extended operations of these frauds, one of which, carried country and the future of its institutions. · on by several persons residing in Streator, a city near my own home, And again he says: where many thous.'l.nds of acres of land were secured recently in Ne­ The pre-emption system serves the speculative interest, the timber interest, the braska in fraud of the law and by the:most barefaced of perjury, either cattle interest, the coal-mining interest, and the water-controlling interest, all at the cost or to the exclusion of actual settlers, according as the purpose of its in the securing of t·he lands or the expose in relation to it, showing a uSefulness is speculation or monopoly. portable house used as a dwelling on one traet long enongh to sleep and I quote the following from his report, referring to the repeal of the cook in, followed by an affidavit, and then moved to an adjoining quar­ timber-culture net: ter-section and made to do duty there as a permanent ·residence-for a The failure of the timber-culture law to accomplish the purpose for which it day and a night-and then again repeated. These papers I will try and was intended (encouragement of the growth of timber on Western prairies), and print if these remarks are not too extended, but they ru·e on file in the some of the abuses tbo.t have resulted from its practical operation, are fully set Post-Office Department and subject to inspection by any one curious to forth in the accompanying reports. · . The records of this office exhibit successions of entries, relinquishments, con· see how close companions perjury and truth sometimes are. tests, and re-entries of the same tracts in farming districts, showing that specu­ Therefore, sir, I -speak earnestly on this subject, and I say, c6nfidently, lation in the land and not cultivation of timber is the foundation of the mass of you can not find, nor will any gentleman who opposes the bill under­ claims under this act. The requil·ements to be complied with during the first few years are necessarily slight. The ground is to be prepared and seeds take to cite an instance, a single instance, where a special agent of the planted. During this period (the infancy of the entry} its speculati\·e object is Department, who has been sent out either by this or the last adminis­ achieved. This is a sale ot' the entryman's relinquishment. . One claimant gives tration, has failed to condemn the operation of the pre-emption law and place to another for a consideration; the land remains uninhabited, unimpro'\'ed, and uncultivated, except that a little breaking is done for a. pretext, to be used commutation feature of the homestead law as they stand to-day, as the a.s evidence of •· good faith" to defeat a. contest before this Department, until instruments by which these frauds are perpetrated. finally some seeker of a home upon the soil is found to pay the price deiW\nded 1\Ir. PERKINS. Have not the fmudulent entries of which the gen­ by the last bolder of the " tree claim,"when, upon a bonafide homestead being establisbed the citizen or immigrant who bas bought his way to an honest en­ tleman speaks been canceled? try of public1 land may commence·the work of putting out trees for his own .Mr. PAYSON. They have not been canceled. And I am Ycry glad benefit. The act thus results in a double imposition-an imposition on the Gov­ to tell the gentleman why they have not. . . · . - ernmE'nt and an imposition on actual settlers. • * • • • • • First, these frauds can only be detected by personal inspection on the The reports herewith submitted show the impracticability of the act and its part of the special agent sent out to examine the actual condition. inutility for other than evasive and fraudulent purposes. 'rhe proportion of The area of the country which the public land system covers em­ totally fraudulent entries under this act is estimated at 00 per cent. I therefore braces almost one-half the area of the Union; the Commissioner of the most earnestly recommend its repeal. General Land Office has.only twenty-three special agents to detail for this M;. Speaker, gentlemen about me ask bow the law can be so easily work, and hence it is a matter of physical impossibility, with the force e,·aded by relinquishments by those making "filings" and I take at his command, to detect these frauds to any great extent. pleasure in stating. But the official reports from which I quote here, the correctness of The pre-emption law provides that all assignments and transfers of which I have never heard questioned, and I think will not be in this the pre-emption right '.'prior to the issuing of the patent shall be null debate, show that over 90 per cent. of. the entries made under these and void." The homestead la""SVS require proof thaHhe party has not laws during the lastfew years are fraudulent. sold the land. Now, as soon as a filing is made on a tract of public This bill proposes simply to render impossible the perpetration of land the books show it, and while the "filing" stands of record no these frauds as against the General Governm·ent, and to reserve the land other filing can be made. The speculator then prepares a ·'' relinquish• for actual settlers in "quantities not exceeding 160 acres. ment" of his right and it is ready to sell to the settler seeking land, to Mr. HENDERSON, of Iowa. When the gentleman speaks of 90 per be filed with the local land officer. The land is thus ''released'' and a cent. of the entries being fraudulent, I presunie he means entries un­ new filing made by the settler upon the land. der the three classeS of nets. ~ This species of traffic is most common now. The curious may see at Mr. PAYSON. Yes, sir; 90 per cent. of the entries under the tim­ the General Land Office hundreds.:..... yes, sir, hundreds of advertisements ber-culture act, the desert-land act, and the pre-emption·law. and business cards of enterprising real estate agents through the West But we ~ear it said, sir, that thiS legislation is in the interest of rail­ containing as the most promine~tly advertised branch of their business road companies having large grants ·of land to dispose 'of; and the gen­ "Relinquishments for sale." tleman from Kan~ [Mr. ANDERSON], with his ~ccustomed energy, I was told by many gentlemen in Dakota. last summer that in local­ asserts that "the day this bill becomes a law every acre of land held ities there you could travel for miles and not see a sign of habitation or by railroads will be doubled in price. · The railroad companies alone improvement, and yet all the land held under ''filings" presupposing would have public lands to put upon the market." - settlement; and the only way in which a settler could get his foot­ How easily this is answered. The gentleman from Kansas knows bold would be·to purchase a "relinquishment" and then make his that the land grants are made in alternate sections; that wherever there '' filing,'' all held and controlled by speculators, to be paid by the is a railroad section of 'land-640 acres-immediately adjoining is a bona fide settler when he should come. · A system which makes this Government section of the same area. . practice possible can not be too speedily repealed. · This bill does not diminish the area, or change either the locality or The general I a w, then, as it will stand if this bill shall pass, will per­ quality of an acre of public land. The Government has' precisely the mit lands to be taken only under the homestead law and free of cost same amount of land and precisely the same in character and location to the settler, except fees. to dispose of after this bill has passed that it had before, only the man­ Under the present homestead act, allowing a commutation or right ner of disposal is changed . . to purchase at the end of six months, the frauds are the same in char­ We propose that the first grantee from the Government shall be the acter, but possibly greater in degree than under the pre-emption law. occupantinstead.ofthe speculator, that is all; and as a gift to him from The CommLQSioner in his last report says: a generous Nation rather than as a sale to one who shall sell to him and The principle of commuted homesteads is the same as the pre-emption, and make the usual profit in the transaction. ' . its uses are the same. The' difference between the two is that commuted home­ All the public land remains but to be held for settlers as a donation steads are the more universally fraudulent, this form of entry beillg m01·e ad­ vantageous to corporations and large operators in coal, timber, and w ater entries rather than for sale. How then is the price of railroad land to be in­ than pre-emption, because the homestead entry is esteemed a. segt egation of the creased? land, and is held to work its absolute reservation. Nootherentrycan be made Now the price of Government land in railroad limits, as the gentle­ under existing rules while one is on record, and there is therefore a degree of security against adverse claims in operating under it that is not enjoyed under man knows, is $2.50 per acre, and as I have said if this bill shall pass the pre-emption system. Commuted homestead entries, as a. class, are lnD.de this land will be free to the settlers; and does the gentleman think, will immediately after the expiration of six months from date of original entry, or he argue on a moment's reflection which he should take, but does not just as soon as the law allows, and are just as invariably conveyed by deed or power of sale mortgage, usually executed on the day of entry. I think it has seem to have taken before debating this bill, that if the Government seldom or never been reported upon examination that au original settler ho.s offers a farm of 160 aeres as a gift to the citizen, instead of demanding been found living on a six months' commuted homestead claim. The propor­ $400 in cash for it, the citizen will be less apt to take it? Or that the tion of fraudulent entries of this kind can be more nearly estimnted at the wbo!e number of such entries than in any other manner. If public lands are railroad land adjoining which now retains its value of$2.50 per acre to be kept for actual inhabita ncy, the commutation feature of the homestead because the Government land is held at the same price will be worth la.w should be abolished. $5 per acre to the settler as soon as the Government will donate its land? The bona fide settler on a ' ' homestead'' does not go there to buy H No, sir; the opposite ef!ect will be produced, and the lands of the XVII-337

- 5378 CONGRESSIONAL RECORD-HOUSE. JUNE 7, railroad companies must and will be reduced in price if they are dis­ sponding tenant holdings by the actual cultivator and cofl'esponding posed of. To the objection that in the Wes-t where the land is of a poverty, dependence, and wretchedness. · desert character, 160 acres is toCt little for a farm, I only desire to say To call a halt on this species of monopoly, to prevent further steps in a single word. I have heard this stated dming the past thirty years the directio.n of land monopoly out of the public lands, and preserve the with reference to the mid lands of th~ West. Then the line was east balance for occupation as I have stated has been my aim and the aim of the center of Kansas and Nebraska-lands there were then called of the Committee on the Public Lands in this and the last Congress, "dese11:," and regarded as valueless for the purposes of agriculture, as and we have indulged the hope and have now the belief that the vote the Colorado desert is to-day. So far east as the district represented o.n this bill will be respGnsb·e to the public demand that the public by the gentleman from Nebraska behind me [Mr. LAIRD], the land lands of the Nation shall hereaJter be held as a trust for the securing of was regarded only a few years ago as of that character. I have seen free homes for free men. it then, and in recent yea,rs, and canvassed the change in condition. I ask unanimous consent to extend my remarks in the RE ORD. with that gentleman. Then a worthless desert wild; now, by the The SPEAKE~ pro tempore (l\1r. HAMl\IONDin the chair). Is there changes wrought by civiliza.tion, cultivation, tree-planting, sowing of objection? grass, and covering the earth with verdme; possibly (many will say 1\ir. HENLEY. I object, unles the sameJea:ve be e:x:lended to others. surely), by providential direction, an increased annual rainfall has, in Mr. HENDERSON, of Iowa. I ask unanimous consent that any ge.n­ less than the span of one generation, changed the order and condition tleman may extend or publish remarks on this question in the HECORD. of that country, until now, as the traveler passes over it, on the right The SPEAKER pro tempore. Unanimous consent is asked that all hand and on the left are seen evidences of thrift and prosperity, hap~ members desiring to do so may publish remarks on this question~ Is piness and contentment, the delight of the lover of his fellow and his there objection? The Chair hears none. country. I have see.n the same thing in Kansas. Last summer I saw Mr. HENDERSON, of Iowa. l'lfr. Speaker, I will vote for this bill corn growing in Western Kansas o.n lands only a few yea-rs ago regarded for tho following_reasons: as desert, rivaling in luxuriant growth that which I had just left in my First. Because it is in the interest of the masses of the people, who own great State. want homes to live on. - Mr. Speaker, the Iineofaridlandsis slowlybutsurelyworkingw-est­ Second. Because om public domain is rapidly becoming exhausted, wmdly, and I hazard nothing in the prediction that gentlemen are and wise legislation should aim at holding what lands remain 1or the now acting upo.n this bill who will live to see the whole region up to actual settler-for the poor man who wauts a reasonable quantity of the foothill& of the Rocky Mountains dotted with the happy homes of l:mcl for himself and his familJ'. frugal, industrious, patriotic people, whose eo.ndition may ba largely Third. Because 90 per cent. of the entries made tmder tho timber­ attributed to the statesmanship of to-day which reserved these broad culture, pre--emption, and.desert-la.ndlawshave been found to befr::mdu­ acres for their use cheaply. · · lent, and these laws are thus made the media for defeating the citizen I confess, sir, that the prodigal, yes, reckless, disposition of the public entitled to the benefits of said laws from procuring homes upon the lands fills me with alarm for the future of this Republic. The safety public lands. · and secmity of the nation rest, as I believe, very largely in the dis­ Fourth. Because uudei.' these laws the specnlat:Drs. cattle companie3 tribution of the lands and permanent homes among the largest possible (in many cases), foreign capitalists, and rings of swindlers with plenty of number of our citizens. cash and no character are seizing upon public lands that should go to No _nation ever was or ever will be permaneptly great where this prin­ the man seeking in good :L'lith a home. ciple has bee.n disregarded. And without enlarging upo.n the idea, Fifth. Because the passage of this bill will make the homestead laws speaking for myself instead of the committee, I sh9nld be glad if the more potential and effective for securing to- each citizen a sufficient whole area of so-called ''desert lands" could be held, except as taken quantity of land for the purposes of a home. in small parcels here and·therein more advantageous localities, for actual I regret that the bill was- brought up for consideration under a. sus­ homei!, the great body remaining for similar utilization to meet the pension of the rilles, which cut off all amendments and limits debate growing, increasing demands of an overflowing population, crowded out to a few minutes when hours should be devoted thereto. But believ­ of our cities and moTe densely populated portions of the Union in the ing that this law will protect the man against the combination of men, not distant future. the poor man ag~inst the rich man, the settler against the speculator, This has been the judgment of the officers of the Interior Department and. &we the public domain for its most sacred use, a home, I will vote in recent years, and is to-day of most of those who have studied the for it, relying upon the greater deliberations of the Senate to correct any situation in the light of past experi1IDC& and present knowledge. · minor defects t-hat :rnay be found in the bill. We recommend the suspension of the practice of selling any of the It shouJd not be forgotten that all rights now vested and all tl1e public lands at private entry, by section 5 of the bilL rights of the soldier under the homestead laws are sacredly protected, The policy of disposing of public lands ru) a means of raising revenue so that whoever has taken any la.wful steps under any of the laws re­ has long since been. rejected 'by enlightened. views of public economy. repealed by this bill will not be disturbed, bnt can go forward under the The policy of applying public lands so as to increase the number of farms laws and sMure any right to which he is now entitled. and homesteads, diffusing instead of aggregating land titles, and pro­ Mr. COBB. I now yield to the gentleman from I own. for one minute. moting general prosperity and the independence of agricnltuml labor, Ur. WEA.\-""ER, of Iowa. Mr. Speaker, I support this bill. The in place of creating baronial estates and reducing producers to depend­ idea of giving to the homeless _citizen a. homestead is a humane one; e.nce, has long been declared to be the policy of this Government, founded but om: public-land policy ought to be confined to that, aud no one upon the good of the greatest number, inspired by patriotic impulses should be allowed to speculate in the commo.n inheritance of all. This looking to the preservation of republican institutions, and enforced by bill1 as I understand, simply cuts out of our public-land system the the teachings of history and the lessons of revolutions. The public opin­ idea of speculation; and that" ~ right. The present law is the law of ion of the country that the public domain. shall be preserved for actual the speculator and not of the honest home-seeker. There are some ex· settlement has crystallized into an impeJ:ative demand that no moreland ceptions to this rule, but in the main there can be no doubt about the shall be sold out of the reach of the people and.into the hands of spec­ correctness of my statement. The policy of this bill should have been ulators or the grasp of monopoly. adopted at the very cradle of the Republic, and not one-quarter section The baleful shadow of monopoly is felt and feared in every portion of the public lands should ever have been dispo ed of to corporations of the Union; it is the overshadowing curse under whieh this people or speculator . It should have been sacredly held for homesteads. If seem to rest. this policy had obtained labor troubles would now be unknown and the Every comfort and all the conveniences of civilized life seem tO be, scandalous legislation of the last few years would have been avoided. to-day, paying tribute in one form or another. to it, ·and I believe, Ur. ~Ir. COBB. I desire to reserve the residue of my time. Speaker, that the feeling of unrest and discontent, resulting in disorders The SPEAKER pro tempore. The gentleman from Kansas LMr. P.lill­ and riots in different parts of the Union since we have been sitting in KL.~s] is now recognized for five minutes. this Congress, grows out of the apprehension, rather, indeed, the ap­ Mr. PERKINS. Mr. Speaker, I regret that we have not more time preciation, thnt the prosperity of the people, the accumulations oflabor, for the discussion of this bill. · Justice can not be done to this su~iect from which all material prosperity arises, is passing, through either in the limited time allowed for this debate. I do not desire to impute the·operation of improper legislation or the absence of proper restrict­ any wrong purpose to the chairman of the Committee on the Public ive rules, into the hands of the few, to the discomfort if not actual Lands or to those who favor thi'> contempJated legislation; but in my danger of the rights of the masses. judgment it is erroneous antl "\-vrong. If 'this propo ed Jegislation The carving out and aecumnlation of imperial fortunes by a few men should become law it will in my view operate in the interest of the inschemesofrailroad and telegraph enterprises, through franchises quasi railroad companies and the great cattle organizations of this country. public in their character, secured in the way of privilege by legislative There is not a land-grant railroad company in the 'Vest that is not enactment from representatives of the people, o.nlyto be used to oppress in favor of this measure, for this reason-- to the verge of endurance, is not calcnlated to inspire the greatest con­ . Mr. HENDERSON, of Iowa.. How do you show that? fidence in t.Qe Government on the part of the laboring citizen, and it 1\:J:r. PERKINS. I am about to ·show it. Those compani under is no wonder that remedial legislation is demanded. And to this ques­ their land grants have lands which they are in a position to sell to any tion before us, the accumulation. of vast estates in.lands by the opera­ man who desires to establish a home or who wishes to purchase for tion of defective laws, such as we see all over the West-thousands of spec~tion or investment. If you repeal the pre-emption law, the tim­ acres in compact form in single holdings-means, Mr. Speaker, corre- ber-culture act, and the desert-land act, the only land in this entire na... l886. CONGRESSIONAL RECORD-HOUSE. 5379 tion remaining subject tosettlement is the land-o-wned by the railroad · Mr. OOBB. I yield now to the gentleman from Missouri [Mr. companies and that which mny ibe open to settlement under the home- O'NEILL]. · , stead law. 1 Mr. 0' NEILL. Mr. Speaker, this bill is· a rainbow of hope to the :llfr. HENDERSON, of Iowa. This bill does not propose to repeal f idle workmen of the .country, who, when cr-owded from the ranks of the homestead law. industry by labor-saving machinery and the exigencies of trade, in- Mr. PERKINS. I say the only land which will remain will be that 1 stinctively turn to the country, where honest toil can at least produ.ce owned by the railroad com_panies and that open to settlement under the n~essaries of life. the homestead law; and to acquire land under the homestead law re- To prevent the further theft of the public domain by fraudulent pre­ quires five years' settlement upon the land, unless the settler has been eruptions, timber-enltnre, and desert claims, as this bill proposes to do, in the militaryserviceofthe country. There is in the western portion makes it, in my judgment, the best bill this Congress can pass for the of my State, in Colorado, and in every Western State and Territory a benefit of labor. great domain wbich can not be settled under the homestead law. No Let no IDember be swerved from his duty by the alleged technical man would be willing to live fi\'e years on that arid land in order to errors in the bill; pass it, and leb t'he errors be rectified hereafter. It acquire title ta 160 acres. The effect of this legislation is to keep that is an absolute rep_eal of those laws which bav'e permitted the theft; of great area open-a waste, to be occupied by·the cattle companies, their millions of acres, and unless repealed, within a few years the remaining servants, and employes. public land will be in the hands of syndicates and .alien lords. And it enhances the value of the railroad lands for that reason, be- Save the land for the actual settler and redeem your p1euges to the cause they have lands they can sell. · • people. Again, Mr. Speaker, the point is suggested in support of this legis- [Here the hammer fell.] lation that fr-J.uds are perpetrated under the pre-emption and timber- . Mr. COBB. I yield two minutes to the gentleman from K ew J erscy culture laws, and that hence they should be repealed. Ah, Mr. Speaker, , [~Ir. :M:cAnoo]. . the Commissioner of the General Land Office himself admits that under Ur. McADOO. :Ur. Speaker, the pressure of population will setUe the homestead law more than 40 per cent. of the entries are fraudulent. the public lands without the additional incentive of these acts which .And hence why not repeal that law. it is proposed to repeal. The day is approaching, in my judgment, :Mr. PAYSON. And does he not put it upon the ground the com- when people will rise up and call the man blessed who will ;raise his mutation homestead law may be rendered inoperative at the end of six voice to save the public domain from still further diminution. months? . It has been stated in the public prints that the Commissioner of the Ur. PERKL""S. No, sir; heshowsthatunderthecommupationhome- General Land Office had made exaggerated statements. Now, sir, ihc stead law more frauds are perpetrated than under any other law, and statements of the Commissioner of the General Land Office as to this yet this bill provides for keeping this commut..'\tion homestead law in matter were based upon reports of special inspectors returned to tbat existence but amends it somewhat; that is, the act under which the office long before be came into the Interior Department as cbief of the greatest frauds are perpetrated is to remain if this proposed legislation General Land Office. And before going fnrther I desire to read from is enacted into law. _ those inspectors' reporbs a brief extract: Mr. P"AYSON. Of course the gentleman desires to be accurate? As to the proportion of land entered nnder the tlmber-clllture actilta.t is no.t ?tfr. PERK fNS. Certainly I do. improved as required by that act, I give it as my opinion that in Kansas, Ne- Mr. PAYSON. Let me ask a question, then. braska, and Dakota the proportion is 90 per cent. to tOper cent. of bonafide and .Mr. PERKINS. Certainly. possibly successful cultivation. Mr. P .A.YSON. Do you say the commutation homestead law is more Let Congress repeai these laws, for while they are on tbe statute~ book, advantageous than the pre-emption law when amended as provided in however bad they may be, t_hey are the supreme law of this land and the pending bill? beyond the legitimate control of any executive officer. Let us remove Mr. PERKINS. No; I do not. But I d~ say thatthe commutation the evil, and so give no incentive to Department-made laws. Half the homestead law is still left upon the statute-book with an amendment trouble with ou_r revenue and other laws comes from false and absurd if this bill passes. And if they can amend the statu~ under which the constructions and explanations and rulings of Executive Departments. greatest frands are being perpetrated, why is it they can notamend the The Congress of the United States is the sole law-making power in Fed­ pre-emption law? Why can not they amend the timber-culture law so eral matters. The-time has come to stop the wholesale stealing of tho us to prevent frauds which are now perpetrated under it? land of the people. The hired minions of foreign noblemen are prob- If we can amend the commutation homestead law so as to prevent ably this TefX day grabbing tracts of the public domain under color of fraud, we can also amend these other statutes pertaining to our public these laws. The land-grabber, alien or domestic, must go. domain soastopreventfrauds frombeingperpetratedunderthem. For, [Here the hammer fell.] . according to the report of the Commissioner of the General Land Office, Ur. COBB. I yield for one minute to the gentleman from Illinois more and greater frauds are being perpetrated under the commutation [Mr. SPRINGER]. · ' homestead law than under any other statute. And he says further in his Mr. SPRINGER. Mr. Speaker, in the brief time allotted to me it report, that the corporations and great companies take advantage of is of comse im]_)ossible to explain the provisions of thi'l bill. But, in the commutation homestead law to secure for themselves enormous short, it repe.als all the land laws of the United States except those tracts of the public domain. Yet, I repeat, it is proposed by this bill which provide for taking the public domain under homestead provisions that statute shall remain upon thestatJite-book, w bile all else is stricken by aetual settlement. In order to prevent frauds which have been per­ down. - petrated upon the Government whereby the public lands have been In my judgment, Mr. Speaker, the people of the West regard this taken up in great bodies 1ihis bill has been recommended by the Land legislation as wrong. There are no settlers here asking for the passage Office and by the Interior Department. of any such measure. On the contrary, they are against it. No peti- It has been shown during the last four years the public domain has tion has been presen~d here from them asking for any such legislation. been rapidly disappearing, and that soon there will be none left for actual Men seeking homes U]_)On the public domain are not asking for the pas- settlement. Great corporations, many of them foreign in their origin sage of this bill. It is underthe beneficent provisions of the pre-emption and ownership, are repTesented as holding large tracts. My colleague law that our Western States and Territories ha-ve had their wonderful [Mr. PAYSON] referred to the fact that the Earl of Dunraven had se­ growth and development. If frauds are practiced, let us amend and cured under the pre-emptionl:tws about6,000a.cresin Estes Park, Col­ perfect our statutes so as to prevent them; but do not let us in our zeal orado. The report of Commissioner Sparks, of the General Land Office, strike down the legislation tmder which the waste places of the plains exhaustively treats of this subject, and urgently recommends the repeal are being recL'limed and converted into happy and productive homes, of all land laws except the homestead law. Under the operation of and the great prairies of the Westoccupiedandconvertedintothegrow- th~t law actual settlers can secure homes; but those who make pre­ ing, teeming communities to be found in every State and Territory west emption locations as the employes of rich corporations will be deprived of the Mississippi River. of their occupations. The greatest abuses, frauds, and land piracies Mr. Speaker, I do not believe that any member upon this :floor wants have been perpetrated under the operation of the pre-emption, timber­ to retard the growth or development of our country or desires to protect culture, and desert-land acts. Their total repeal is demanded by every those who are fraudulently acquiring our public domain, and hence do consideration of the public good. Let this bill pass, and the public not let us join the land-grant railroad companies and the great cattle lands will hereafter be held solely as homes for the people. syndicates in their prayers for the repeal of all legislation affecting om [Here the hammer fell:] · public domain except the homestead law. I wonid not, Mr. Speaker, Mr. COBB. Mr. Speaker, as I was about saying at the outset of my deprive any man of the excellent provisions of the homestead law, bnt remarks UJ?Oil this bill, it is one of the most important, in my juug­ let us give to the pioneers who break the prairies and reclaim the arid ment and in the judgment of the majority of the Committee on the plains the choice of these wholesome statutes, which, if properly Public Lands, of any of the bills that have been pending before that amended and properly executed, will preserve every acre of our remain- committee or the House with reference to our J>Ublic land system. ing public lands to the honest settler and pioneer, that hom-es may be There is no doubt of the fact. that our public lands are being squandered made and industry find employment where now aH. is waste or una.u- daily by thousands and hundreds of thousands of acres. · . thorized occupation. They are being taken up by speculators under these various laws; Mr. HENDERSON, of Iowa.. It does not affect the settlers, because that is to say, the three laws which we now propose to repeal by the their rights are vested under this bill. passage. of this .act. Under the timber-culture la.w you can go now [Here the hammer fell.] into the States of Kapsas and Nebraska, and gentlemen from those 5380 CONGRES.SION.AL RECORD-HOUSE. JUNE 7,

States know the fact, for I have.seen it with my.own eyes and know Brumm, Felton, Lawler, Spriggs, Bunnell, Fisher, Libbey, Stablnecker, what I speak of, and :find thousands of acres of land which have been Burleigh, Fleeger, Lore Stephenson, taken up under the timber-culture act upon which there is not 'one Butterworth, Frederick, 1\Iarkham, Stewart, Charles shrub, although they claim to have title to them. Caldwell, Funston, Maybury, ·. Stewar!J_ J. W, Campbell, T. J. Gilfillan, 1\Ii!Jard, Stone, J!;. F. So it is also with reference to the desert-land act. Under that act Cand.le.r, Goff' Milliken, Stone, ,V, J., Mo. yon will :find thousands of acres ta'Ken up which are the very :finest Clements, Gre~n. R. S. Muller, Storm, character of agricnlturallands. - The reports froiQ. the Land Office show Cole, Grosvenor, 1\Iurphy, Taylor, E. B. Cooper, Hale, Norwood, , •.ray lor, J. H. that they are taken up by fraud and perjury, as everybody must know. Crain, . Hall, O'Ferrall, Taylor, J. M. I have the proof before me showing that sixty-three men were taken Croxton, . -Hanback, O'Neill, Ch:ulcs . Tucker, up the Columbia River on a steamboat under the direction of guides Curtin, Harmer, Owen, Viele, Cutcheon, , Haynes, .Pidcock, . . .. , Wakefield, who had fu"St enmined the quality of the lands, and these men were Davenport. . Henderson, J. S: ·Pindar, Ward, J. H. placed on a different 160-acre tract of the best timber-land, and they Davidson, R. II. M.- Hewitt, Pirce, White, 1\Iilo remained there overnight, and made the proof of entry by committing Dingley, _Hudd, Rtchardso!l, 'Vilkins, Dougherty, Jackson, Rockwell, Wilson, perjury and assigned their claims to a certain lumber company, for . Dowdney; Johnson, F. A. J{ogers, Wise, which they were paid a small sum cash by said company, and the com- Dunham, Johnston, J. T. Rowell, 'Voodburn, pany now claims the lAnd. · Eden, Jones, J. 'r. Scott, Ely, -King, Seney, Mr. PETERS. Have·not those entries been suspended? Evans, Laird, Sessions, Mr. COBB. No, sir; not in all cases. _ · Mr. PETERS. Why have they not been.? -- . So (two-thh-ds voting in favor thereof) the rules were suspe:1ded ruid Mr. SPRINGER. They will be if this bill passes. · · · the bill was passed. , :ltlr. COBB. That is one of the objects of passing this ·bill, 'to secure · . Mr. TOW~SHEND. I ask unanimous consent to dispense with the the suspension of just such fraudulent entries. · · reading of the names of those voting. . . The'SPEAKER. '.rhe time allowed -for debate has expired. Mr. MORRISON. I object. We have plenty of time to-day for that. The question is upon the motion of·the gentleman from Indiana to The Clerk then recapitulated the names of those voting. suspend the rules and pass the bill., Mr. W A.FNER, of Ohio. I voted upon this bill, although I am paired Mr. HOLMAN. On account of the importance of this bill I ask the with my colleague [Mr. GROSVENOR]. I assume that if be were pres­ yeas and nays upon it. · • ent be would vote the same way. Mr. PETERS and others also demanded the yeas and nays. Mr. DAVIS. I am paired on all political questions with Mr. ARNOT. The yeas and nays were ordered. · · I do not regard this as a question of that character, and do not know Mr. McKENNA.. I wish to make a parliamentary inquu·y. bow be wonld vote; but I haYe voted for the bilL The SPEAKER. The gentleman will state it. The following additional pairs ~ere announced: Ur. McKENNA. If this motion should be voted down, will the bill Mr. HANBACK with Mr. 0W.EJ.'f. be referred back to the committee and retain its place on the Calendar? Mr. Hunn with Mr. .JOHNSON, of New Yo1·k. The SPEAKER. It will retain its ·place where it now is upon the' Mr. CALDWELL with Mr. STEPHENSON, for the r~maindcrof the day. Calendar. · · lli. PINDAR with :Mr. HAYNE . , The ·Clerk will call the roll. Mr. LAWLER with :Mr. ELY. . The question being taken on the motion of Mr; Conn, there were...... : Mr. WEST. Mr. Sp ~a. kcr, I agreed to pair with Mr. CAliPBELL, my. colleague from ·New York. Nat knowing how he would vote, yeas 184, nays 42, not voting 97; as follows: -· -.: '~ . · · though I presume he would have v.oted for the bill. I have voted for it . ·- . . . ' . YEAB-184.." and 1 desire my vote to stand...... Adams, ;f. J~ Da,·is, Kelley, r..eese, The result of.the vote was then announced as abo_ve recorded. Allen, J. M.· Dawson, Ketcham, Riggs, Anderson·, C.l\I, ·Di:bble, Laffoon, Robertson, PUBLIC BUILDING, SPRINGFIELD, l\10. Baker, · . Dockery, La ~ollette, Uomeis, Ballentine, Dunn, Landes, SadJer, Mr. W~E. Mr. Speake~, I m9ve ~ sosl?eud the rUles and discharge Hames, • Eldredge, J.a.hham, Sawyer, the Comm1tteeoftbe Whole Honse on the state of the Union from the Barry,' Ellsberry, LeFevre, Sayers,. 'further consideration of the bill (H. R. 1391) to provide for the erection Bayne,. Ermentrout, J...eWbach, , Scranton, Beach, . Everhart, Lindsley, pf a public building at Springfield, Mo., and pass the bill with the Belmont.. Farquhar, I~ong, r!!a:o~~ .t ·amendments suggested by the committee. Bennett,' Findlay, Lovering, Singl~ton, The bill is follows: . Bingham. Foran, l-owry, Skinner, as Blanchard, · Ford, 1\'Iaboney, Snyder, Be it enacted. &:c:, That the Sec{.eta.l'y of the Treasury be, nnd he hereby is au­ Bland, Forrley, Martin,· Sowden, thorized-and direefed to purchase or ot-herwise provide a suifable site, and ~use Bliss, Fuller, 1\Iatson, Springer, to be erected thereon, at the city of Springfield, in the State of Missouri a sub­ lliount., _ .Ga1linger, l\IcAdoo, Steele, stantial und commodious public lmilding, with fire-proof vaults, for the u'se and Boyle, Gay, :McComas, St. Maltin, · accommodation of the post-office, internal-revenue office, pension otlice,and for • Hre<>kinridge, C. R. Geddes, McCreary,' . Stone, W. J., Ky. -other Government uses. 'rhe site, 'a-nd the building thereon, when completed Breckimidge,WCP.Gibson, C. H. McKinley, Swope, . ·according to plans and specifications to be previously made and appl·•wed by Browne. '1' . .i\I. Gibson, Eustace 1\IcMillin, T~rsney; the Secretary of the Treasury, shall not exceed the cost of SLOO,OOO; a II<. the site Brown, W . ·w. Glass, McRae, .. Taulbee, purcbased shnllleaYe the building unexposed to danger from fire iu adjacent Duchana:l, Glover, Merriman; Taylor, Zaeh. buildings by an ope~ space of at least 50 feet, including .st-reets and alleys; and Buck, Gree~t W. J. ' Miller, · "Thomas, J. R. for the purpose herem mentl(med the sum of $100,000 1s hereby appropriated Burnes, Guentner, Mills, Throekmorton, out of any lll:one~·s in the Treasury not. otherwise appropriated, to be expended Burrow!!, llalsell, Mitchell, Townshend, under the dtrcctwn of the SeCJ:etary of the Treasury: Provided, That no part Bynum, Hammond, Morgan, 'l'rigg, .. of said sum shall be expended until a valid title to the said site shall be vested Cu.belJ, Harris, • 1\Iorris<>n, . Turner, . In the United States; and the State of l\Iissouri shall cede to the United States Campbe11, Felix Hatc}_l, Neal, Van. Eaton, exclusive jurisdiction over the same, during the time the United States shall be Campbell, J. l\L Hayden, Neece, · Vao Schaick, ·or remain the ow·ner thereof, for all purposes except the administration of the Campbell, ;r, E; Heard, ·Negley, · 'Vade, criminal laws of said State and the service of any civil process therein. Cannon, Henderson, D •.B. Oates, 'Vadsworth, Carlelon, Henley, O'NeiU, J. J. ·wait, The commit~e~ , recom~end the~doption ~fthe follo~ing amendments: Catchings, Hepburn, OsbQrne, Wallace, . In lines 13 an~ 17, Rtrike out tite words "one hundred," where they occur in Clardy, H'erbert, Outhwaite, Ward,T.B. each place, and _msert the word "seventy-five;" so that it will read •· $75,000 is . Cobb, Hiestand, Parker, Warner, A. J. hereby appropriated," &c. · ·· · · Collins, HHl, Payne, Weaver, A. J. Compton, Hires, Payson, Weaver, ;r, B. 1t1r. MORRISON. I demand a second. · ·· • Comstock, Hiscock, Peel, · '\-Veber, Mr. MORRISON and 1tlr. WADE were appointed tellers. Conger,·· . Holman, Pettibone, Wellborn, Cowles, Hopkins, Phelps, West., The House clivided; and the tellers 1·eported-ayes 150, noes not Cox, Howard, Plumb. Wheeler, counted. . Crisp, Hutton, Randall, 'Vhite, A. C. SO (no further count being demanded) a. second was ordered. Culberson, Irion, 'Ranney, Willi~, Daniel, James, Reagan, Winans, The SPEAKER. Under the rules thirty' minutes are allowed for de­ Dargan, Johnston, T, D. Reed,T. B. Wolford, bate, and the Chair will recognize the gentleman· from Missouri, Mr. Davidson, A. C. Jones, J. H. Reid,J.W. 'Vorthington. WADE, to control the time jn support of, and the gentleman from Illi­ NAY8-4Z. nois, Mr. Mon~ISON, in opposition to the motion. . Adams, G. E. Hitt, Nelson, Sh;ait Mr. "\VADE. I rese1;ve my time. [Cries of "Vote ! " "Vote ! "1 Allen, C. H. Holmes, O'Donnell, StJ:ubic, Mr. MORRISON. Let us have the report read. Anderson, J. A. Houk, O'Hara, SwinbUI·nc, (Air. Bound, Kleiner, Perkins, Symes, The report by WADE) was ren.d, as .follows: Brady, Little. Perry, 'l'l)omas, 0. B. The cities of Springfield and North Springfield are located on the Saint Louis Caswell, Louttit, Peters, Thompson, and San Frnncisco Railroad and the Kansas City, Spt·ingfield and l\femphis Rail­ Dorsey, Lyman, Price, '.rillman, road, 240 miles from Saint Louis and 200 miles from Kansas City, 300 from :\Iem-· Grout, 1\lcKcnnn, Rice, 'Varner, 'Villiam phis, 'renn., 150 frqm Indian Territory, and over 150 from Fort Smith, Ark.; have­ Hemphill, MQff'!'tt., Ryan, Whiting. a popula.tion of 20,000, and are increasing in population, wealth, and lll!lnufact­ Henderson, T. J. MOiniJ, Smalls, ures, and if the rate of increase for the last two years is maintained will in 1890 Hermann, Morrow, Spooner, haYe a. population of 40,000. · The country tributary to Springfield is unsurpassed in aATicultw·al, mineral, NOT VOTING-97. stock-raising, nnd timber resources. The wholesale trade of Springfield ex lend'! Aike11, Atkinson, Barksdale, · Bragg, · over Southwest Missouri, Indian Territory, and 'Northwest Arkansas; and Arnot, Barbour, Boutelle, Brown, C. E. amounted in t-he year of 1885 to more than ~.000,000. 1886. CONGRESSIONAL RECORD-HOUSE. 5381

Springfield has five banks, two national and three private, with a capital stock upon the approval of said plan by the S~retary of,Var the said companies,ol' or ~.ooo. • either of them, may proceed to the erection of said bridge in conformity with The amount expended in the erection of buildings and improvements in two said approved plan; and should any change be made in the plan of said bridge cities in the year of 1885 was 81.800,000. The cities have several lines df street during the progress of the work thereon, such change shall be subject likewise railroad, water-works, gas-works, and electric-light plant; have the very best to the approval of the Secretar,Y of War. If the Secretary of War shall at any school system, employing fifty teachers; have a college (Drury) employing time deem any change or alteration necessary -in the said bridge so that the seven professors and a number of te&chers in the primary department, an acad­ same shall not obstruct na'\'igation, or if he shall think the removal of the whole emy (Lorretta) with a full corps of teachers. The educational facilities of these structure necessary, the alteratlon so required or the removal of the whole cities are unsurpassed. structure shall be made at the expense of the parties owning said bridge; and There are in operation in these cities three found1·ies and machine-shops, if said bridge shall not be finished within two years from the passage of this which manufacture steam-engines, agricultural implements, water-works sup­ act, the rights and privileges hereby granted shall determine and cease. plies, &c., six large flouring mills, four planing mills, one large cott-on-mill, an SEc. 5. That the right to alter, amend, or repeal this act is hereby expressly extensive woolen-mill, tobacco factories, cigar l.llnnufactories, and many other reserved. manufacturing establishments, among which is an extensive wagon-factory employing seveml hundred men. Mr. SEEA.KER. Is a second demanded? The shops of both the Saint Louis and San Francisco and the Kansas City and Mr. MORRISON. I demand a second? SpringfieldandMemphisRailroadsarelocatedthere. Thefonuershopsemploy Mr TOWNSHE"'m I k · t th t d fifteen hundred men; the latter shops are in process of erection, and when com- • ..~., ..u. as unanimous consen a a secon · may plete will be the most extensive in the State and will employ two thousand men. be considered as ordered. The Saint Louis and San Francisco Railroad extends from Saint Louis, Mo., to There was no objection. San Francisco, Cal., qonnecting at Fort Smith with the Southern system of mil- Th SPEAKER Tb. ty · t 11 d .r d b t fifte roads, and a.t Vinita., Ind. T., with the Texas system. The Kansas City, Spring- e · u nunu es are a owe 1 or e a e- en field and MemphisRa.ilroadextendsfromKansasCity,Mo., to Memphis, Tenn., minutes on each side. The gentleman from Illinois, Mr. TOWNSHEND, conne~ting at latt-er place with roads leading to all Eastern and Southern sea- will control the time in favor of the proposition, and the gentleman board cities. There are practically eight roads centering in Springfield. from Illinois,. M:r. MORRISON, will control the time against it. [Cries The land office has been located here for many years, and contains many val- uable records. These records are now kept in rooms in the third story of a. of "Vote!" "Vote!"] ~~~~nffe1~~i_ much exposed to fire, and in the event of the building taking fire Mr. TOWNSHEND. I have no desire to make a speech, but gen- The mails that are received here necessitate a large force to receive and dis- tlemen have insisted something should be said. tribute same, and require a. large and properly arranged building to accommo- Mr. l\IORRISON. I want to know all about this matter. date both the mail in transit and the local mail. The number of employes in ·Mr. TO~NSHEND. Then as the object of the bill is generally well both offices is eight, and the rent of buildings that would properly accomnio- known I will consume but a few minutes in its eYnlanation. date the people of both cities would be $2,000. - r This bill is to consolidate the two offices of Springfield and North Springfield, This bill makes it lawful for the Staten Isla.nd Rapid Transit Hailroad thus saving the Government $2,500 and giving better facilities for both towns. Company and the Baltimore and New York Railroad Company, corpora- T!Je total expense of the two offices for the year 1835 was $6,757.50 and the net tions existing under the States of New York and New Jersey, respect­ revenue to the Government· upon expenses $14,000.70. "'The committee recommend that the bill be amended as follows: Strike out in ively, to construct a railway bridge across the Staten Island Sound, lines 16 and 17 "one hundred" and substitute "seventy-five," and that when known as Arthur Kill, at or near Elizabeth, N.J., ::md thetowri of North­ so amended the bill shall be passed. field, upon Staten Island, New York. It provides that the bridge shall The SPEAKER. If no gentleman desires to address the House the be constructed as a pivot draw-bridge, with a draw over the main channel question is upon the motion made by the gentleman from Missouri of the sound at an accessibleand navigable pointand with spans of not [Mr. W .ADE]. less tha.n 200 feet in the clear on each side of the central or pivot pier of Mr. WADE. I yield five minutes to the gentleman from Illinois the draw, and that these spans shall not be less than 32 feet above low- [Mr. SPRINGER]. [Cries of ''Vote!'' ''Vote!''] water mark measuring to the lowest member of the bridge superstruct- Mr. SPRINGER. As the Honse seems desirous of passing the bill, ure. The bill further provides that the plan and location of the bridge I shall not occupy any time in advocating it. shall be submitted to the Secretary of-War and receive his approval be- The question being taken, there were-ayes 121, noes 8. fore it can be constructed. Mr. COWLES. No quorum. The bill, Mr. Speaker, was reported favorably by unanimous vote by The SPEAKER. A quorum not having voted, the Chair appoints the Senate committee. It has passed the Senate nearly unanimously, as te1lers the gentleman from North Carolina, Mr. CoWLES, and the there being but five "\;Otes against it. It has been reported by the gentleman from Missouri, Mr. W .ADE. House Committee on Commerce unanimously, and is now here for final The House again ·divided; and the tellers reported-ayes 164, noes 5. action. This is the identical bill which has passed the Senate without So (two-thirds voting in favor thereof) the rules were suspended and any amendment whatever. I will also say that it was before Congre...c:;,s the bill was passed. ~ during the last term, and was reported favorably by the House com- mittee, but no actio.n was then reached upon it. It is not probable BRIDGE ACROSS STATEN ISLAND SOUND. any action can be had upon it during this session except by the motion Mr. TOWNSHEND. I move that the rules be suspended and1 t at ·I have made. the bill (S. 121) to authorize the construction of a bridge across the I am impelled in mah..'ing this motion by a belief that it is in the in­ Staten Island Sound, known as Arthur Kill, and to establish the same terest of the general commerce of the country, and especially in the in- as a post-road, be taken from the Honse Calendar and passed. terest of the people of the Mississippi Valley and the Southern States. The bill was read, as follows: The present terminal facilities on the New Jersey shore fronting New Be it enaeted,&c, That it shall be lawful for the Staten Island Rapid Transit York Bay do not exceed 2~ miles, which is now entirely occupied by a Railroad Company, a corporation existing under the laws of the State of New few railroads, private corporations, and business houses, who demand York, and the Baltimore and New York Railroad Company, a. corporation exist- such enormous sums for any portion of these facilities as pra-ctically ren- ing under the laws of the State of New .Jersey, or either of said companies to d •t · "bl J'. tin "1 ad t :ffi d th h f build and maintain a. bridge across the Staten Island Sound, or Arthur Klu, er 1 llllpossl e 1 or any compe g ral ro o a or e pure ase 0 a from New .Jersey to Richmond County, New York, for the passage of railroad sufficient entrance there. · trains, engines, and cars thereon, and to 1a.y on and over said bridge rail way If this bill be passed it will result in a bridge being thrown across tracks for the more perfect connection of any railroads that are or shall be con- th Arth Kill State lsi d S d f b t 600 ds · 1 h d structed to the said sound at o1· opposite said point; and in case of any litigation e ur or n an oun ° a ou yar m engt , an concerning any alleged obstruction to the free navigation of said sound on ac- · thereby give access to some 10 miles of deep water on the north ana east count of said.bridge, the cause may be tried before the circuit court of the United coast of Staten Island. The inadequacy of terminal facilities for receiv­ States of either of said States in which any portion of said obstruction or bridge ing, storing, and shipping at New York enablethoseha.vinga monopoly of touches; and that all railway companies desiring to use the said bridge shall bave and be entitled to equal rights and privileges in thepa.ssageoverthesame the present facilities to impose a heavy tax on the commerce of the and in the use of the machinery and fixtures thereof and of all the a~mroache~ West and South. This bill will open the gateway of commerce at New thereto, for a. reasonable compensation to be paid to the owners of satd brido-e y k to titi" d ill tiliz" th h d d d ll under and upon such terms and conditions as shall be prescribed by the Sec~e~ or compe on, an W u e e muc -nee e an exce ent tary of War upon hearing the allegations and proofs of the parties in case they harbor on Staten Island for railway connection with foreign and domes~ shall not agree. tic shipping in New York B~y. SEc. 2. That said bridge shall be constructed as a pivot draw-bridge with a If this bridge be constructed a new competitive line will be found in draw c;>ver the main channel of the so~d at an ~cessible and navigabl~ point, and w1th spans of not less than 200 feet m length m the clear on each side of the the Baltimore and Ohio Railroad Company, which controls 3,000 miles central or pivot pier of the draw; and said spans shall not be less than 32 feet of railroad, ·extending to Cincinnati, Chicago, and Saint Louis, and con­ above mean low-water mark, measuring to the lowest member of the bridge necting with the Southern and Western systems of railroads. Other superstructure: And provided also, That said draw shall be opened J)romptly . upon reasonable signal, except when trains are passing over the sa1d brtdge' railroad companies desiring to use the bridge will be entitled to equal for the passage of the boats whose construction shall not be such as to admit of rights and privileges in the passage over the same on just and equitable their passage under the draw of fli\id bridge when closed: but in no case shall terms. unne6essary delay occur in opening the said draw after the passage of trains · and the said c?mpany ~r corporation !!hall maintain, at its own expense. froU::. It is, therefore, a bill which will result in the reduction of terminal sunset to sunnse, such bghts or other stgnals on said bridge as the Light-House charges by wholesome competition. It is well known the cost of trans- Board shall preooribe. t t• f · 1 a1 d ff - ~Ec. 3. That any bridge constructed under this act and according to its limit- por a lOno agncu tur pro nets comeso the producer, and when you attons shall be a la.~ful structure.• and shall be recognized and knO"Wu fi.S a can reduce that cost you increase the value of the product in the hands post-route, upon whtch also no higher charge shall be made for the transmis- of producer:::. Imports for the South and West will also by this means sion over the same of the mails, the troops, and the munitions of war of the find h tes f' t rtat• United States than the rate per mile paid for their transportation over the rail- c eaper ra 0 rauspo lOll. roads or ~ublic highways leading to said bridge; and t.heUnit-edStatesshall The ha.rborofNewYorkisthe commonpropertyofthenation. New have the nght of way for postal telegraph purposes across said bridge. York is the great market, depot, and shipping point both for the ex- SEc..4. That the plan 9;nd locatio~ of said bridge, with a detailed map of the ports and imports of the whole country. "The harbor of New York sound at the proposed s1te of the bndge and near thereto, exhibiting the depths ~nd currents, shall be submitted to the Secretary of War for his approval nnd is in the fullest sense the harbor of the whole country." "Here," as untll be approve the plan and location of sai~ bridge it shall not be built i but has been said, ''all the nerves and arteries of the body-politic converge. 5382 CON.GRESSIONAL RECORD-HOUSE. JUNE 7,

Here are the vital pulsations of commerce and national energy.'' There­ boats and barges will readily pass under t-he bridge constructed 30 feet abov& low-water mark without the draw thereof being open, and it was shown to this fore the facilities at that point which will promote ample, free, rapid, committee that a large proportion of the tugs were provided with smoke-stacks and cheap transportation are of the greatest importance to all sections of suclra height that they could readily pass under the bridge without the open­ and classes in this country. . ing of the draw. Moreover, it is a. .well-known fact that the smoke-stacks of these t-ugs can be so constructed that they can be lowered while passing under Theconstrnation of this bridge will extend the present limited wharf a bridge, and that this form of construction is quite common, if not almost uni­ and harbor facilities of the city of New York by making them five Yersal, upon the 'Vesternrivers, where the boatsarefrequentlyrequiredto lower times greater. The deep-water frontage on Staten Island will enable their stacks while passing under bridges constructed without a. draw. The committee call attention to the fact that the bill does not fu: the exact cars loaded with the grain of the West, the cotton of the South, and height atr.which U1e bridge is to be constructed above low-water mark, but pre­ the other products of the country to discharge their freight imme<;liately scribes that it shall be constructed not less than 30 feet above the same, leaving into the vessels which convey them_to foreign countries, and the im­ to the Secretary of War to determine whethe~ under all the circumstances, the bridge shall be constructed a few feet higher t.nan1 the minimum prescribed by ports which. are brought to the port of New York may be loaded from · the bill. ' The committee call attention to the fact that very much of. this com­ the Yessels that bring them upon the trains which will distribute them merce that will pass through this bridge has not only come through the Dehl­ through the country, thereby a voiding the payment of the present enor­ ware and Rarit4\n Caual, but has come in tows through the 2()()...foot draw at the mouth of tile Raritan River. The committee at-e not aware that a draw of mous and at times extortionate charges for lighterage, ferriage, and greater length than that pre Cl'ibed by the bill has ever been required by Con­ other terminal charges. It is unnecessary for me to dwell longer upon gressional enactment. The New York and Greenbush Railroad Company's the immense value of the construction of a bridge across this ~arrow bridge is constructed across the lludson River, near Albany, with a draw of 170 stream to the general commerce of the country. ft!et, and above lb is draw are made up the large tows of canal-boats coming from the Erie Canal and destined to T cw York, aud through it also pass all the large The report of Major Gillespie, of the Engineer Corps, shows that the steamers plying between New York and Albany. construction of the bridge in the manner proposed will not seriously in­ The lake commerce of the city of Chicago is accommodated upon the Chicago River, and at least 99 per cent. of the same passes through one draw-bridge and terfere with the nangation of the Arthur Kill. In the cbnstruction of 90 per ceat. passes through five draw-bridge~ . Overth.eChicagoRivert~reare any bridge across a stream on which there is much commerce some in­ some thirty-three bridges with draws therein, and none of them, we believe, terference will occur, but any such interference in this instance is ut­ are of greater width than· that provided by the bill. Under the act of Congress approved the 3d day of ~larch, 1883, the construction of a bridge of the New terly insignificant in comparison with the immense advantages that will York, Boston and Providence Railroad Company across the Tha.m.es River, at result to the commerce of the whole country. or near New London, Conn., was authorized; the location and plans thereof I ha>e nothing more to say, except that I am convinced, as was the were to be approved by a board of Army and Navy officers designated by the Secretaries of ,'v-ar and Navy. After full discussion th.is board has approved a Senate committee and as was the House committe~ that this bill is in plan of a bridge.with a draw of substantially the same length as that provided the interest of the general commerce npt only_of the West and South, in the bill, and through this draw pass the sound steamers of the Norwich line but of the entire country. I think, therefore, the bill ought to pass. and large ocean Cl'aft, and the United Statt-s war vessels destined to the naval station which is situated some distance above the bridge. Across the Harlem I ask that the report of the Senate committee may be read. River in New Yorla hridgP.s have recently been construct-ed and approved by The Committee on Commerce to whom was referred the bill (S. 121) to au­ the engineers of the Al'my with draws of considerably less width than the one thorize the construction of a. bridge across the Staten Island Sound, known as proposed by this bill; and under these bridges and through these draws passes Arthur Kill, and to establish the same as a post-road, beg leave to report as fol­ an immense commerce, as well as the large Cl\1" floats and tows of the New lows: York Centro! and Hudson River Rfiilroad to the High Bridge terminus of that This bill makes it lawful for the Staten Islan(} Rapid Transit Railroad Com· line. pany and the Baltimore and New York Railroad Company, corporations exist­ It is a fact well known that t-here is scarcely a navigable wn.ter way in New in~ under the States of New York and New Jersey respectively t...!? construct a. Jersey which has not been bridged under the authority of the Legislature of railway bridge across the Staten Island Sound, known as Arthur .Kill, at or near that State. The large commerce of the city of Newark, with a population of Elizabeth, N.J., and the town of Northfield, upon Staten Island, New York. 150,000 inhabitants, and of its neighboring towns passes through the draws of n provides that the bridge shall be constructed as a pivot draw-bridge, with a the numerous bridges across the Newark Bay and the Passaic Ri>er, and none dt·aw over the main channel of the sound at an accessible and navigable point of these draws have a width greater than 80 feet, and the extent and value of and with spans of not less than 200 feet in the clear on each side of the central the commerce and the number of vessels passing through the same is shown by or pivotpierofthedraw,and thatthesespans shall not belessthan32feetabove the above-mentioned report of 1\Iajor Gillespie (page 742). All of these bridges low-water mark measuring to the lowest member of the brid_ge superstructure. across the Newurk Bay and the Passaic River are so low that the draws are re­ The bill further provides that the plan and location of the bridge shall be sub­ quii"ed to be opened even for the smallest craft. mitted to the Secretary of 'Var and recei>e his approval before it can be con- The committee are therefore persuaded that the commerce of Arthur Kill structed. • can readily pass through a 200-foot draw. It was shown to the committee that The committee gave amplo opportunity to all patties interested to present there was a limited commerce of Rmall oyster-boat and craft of that kind, but their arguments in favor of or against the bill, and, after carefully considering of course these would have no difficulty in pa...sing through this draw-bridge. the same, now state their conclusions as follows: Very few sea-going vessels pass t,brough the Arthut· Kill, audonly when in tow (1) Staten Island Sound, or Arthur Kill, is a tidal water way separating New and it was not seriously claimed that vessels of this character would be affected Jersey from Staten Island, New York. The bill does not locate the site of the by the construction of this bridge. bridge, but leaves the same to be determined by the Secretary of 'Var. It was The committee refer to the fact that a bill similar to this received the unani­ conceded, ho7ever, in the arguments before the committee that the point at mous approYal of the Senate Committee on Commerce at the last session, and which the raUroad companies desired to construct the bridge, if the site chosen t.hey also x·efer to and make a. part of this report the report of the Secretary of by them should be approved by the Secretary of War, was near the southern. 'Var and the communications of the War Department in regard to the previous border of the town of Elizabeth, where the sound does not exceed 600 feet in bill, which contained provisions substantially the same as the one now in ques­ width. Some of the opponents of the bill did not object to the construction of tion. They call special attention to the following language of MajorGilleJ"pie, thn bridge across the sound, but to the location as chosen by the railroad com­ of the Engineers: panies. The committee, however, are of opinion that the question of the loca.­ "The px·oposed clear width of200 feet on either side of the pivot will be ample tion of the bridge should be left, as it is left. by the bill, to the determination of to prevent interfex·ence with Qle security and convenience of navigatioa of the Secretary of War, who will doubtless be governed in his action by there­ Arthur Kill. It is a comprehensive enterprise, which, if successfully carried port of engineer officers thoroughly familiar with the sound, and who are emi­ out, will add greatly to the commercial character of the island and the a.dja~ nently qualified to determine what is properly a. question of engineering. cent shores, and the bridges may be safely authorized to be built under there­ In almost all the acts of Congress authorizing the construction of. bridges over strictions of the bill without any detriment to commerce, present or pros­ navigable streams we find that the Secretary of War has been invested with the pective." power to locate the bridge and approve the plans thereof, and no sufficient rear­ In the report of ~Iajor Gillespie the Chief of Eugineers concun-ed, and the son has been presented to the committee.warranting a departure from this uni­ same was approved by the Secretary of 'Var. form usage. (3) The two corporations which by the bill are authorized to construct this (2) Staten Island Sound is an important water way connecting Newark Bay bridge ru·e now controlled by the Baltimore and Ohio Ra.ill'Oad Company, which and Kill von Kull with Raritan Bay, and along this sound there is carried an seeks for its traffic an independent ouUet upou New York Harbor. Th.is com­ extensive commerce. The shores on either side in the main are low, flat salt pany is one of the large trunk lines, so called, controlling some 3,000 miles of meadows. railway, extending to Cincinnati, Louisville, an.d Saint Louis on the southwest, The chief commerce of the sound that is t{) be affected by the construction of and Pittsburgh, Cleveland, Sandusky, and Chicago in the north and northwest. this bridge is that coming from South Amboy, Perth A.m..boy, and the Raritan This company desires to use the northern and eastern shore of Staten Island River. At South Amboy the Pennsylvania Ra.ill·oad Company have constructed for its terminus; upon these shores there is ample depth of water for the ac­ their extensive coal wharves, and at Perth Amboy are found the large piers of commodation of the largest sea-going vessels. These vessels can come direct to the Lehigh Valley Railroad Company. The tonnage from South Amboy, as the piers construct-ed upon these Staten Island shore and unload their cargoes shown by the report of Major Gillespie, fox· the year ending June 30,1884, was direct into warehouses, whence the same can be loaded directly into cars for 2,308,961 tons, beingchie.fiycoa.l (see page754); from Perth Amboy, fzom the same shipment to their places of distribution. 'l'errnina.l charges for lighterage from report (page 754), the tonnage was 2,293,620 tons; this also was chiefly coal. the vessel to the warehouse and again from the warehouse to the railroad will From the Raritan River came, first, the tonnage passing through the Delaware thus be saved: The a>erage cost of lightemge in New York Harbor was stated and Raritan Canal, connecting the Delaware and RaritanRivers,amount.ing,as to your committee at 60 ~nts a. ton. The railroad company also propose to shown by that re:port (page 756), to 1,272',386 toqs; and also the tonnage coming carry their passenger traffic in fast steamers directly from the northern point of from m.anufacturmg and othet· establishments upon the river and tributaries, the island to their depot near the Battery in New York city, and which is im· and which was carried in small sail-boats or small steamers, :md shown in t.he mediately connected with the station of the four elevated rail1·oa.d lines in New same report as 409,939 tons. • York. 'Vhat proportion of this entire tonnage passes through the Raritan Bay and The construction of the bridge will therefore serve a very important public takes what is known as the outer channel through tho Narrows to New York, purpose and accommodate o. very large amount of interstate and foreign tl'affic, and what proportion of the same passes through the outer channel and past and will give to the Baltimore and OIJio Railroad an independent te1·minus at Sandy Hook and up the coast, the committee have no accurate means of de­ New York, and will bring into use for commercial purposes the deep-watered termining; it was, however, conclusively shown to the committee, and indeed shore of Staten Island, which forms the southern portion of the New Yo.rk admitted by all parties, that the commerce from South Amboy, Perth Amboy, Harbor. and the Delaware and Raritan Canal, and which passed up tlte sound to New (4) The committee are of opinion that the commerce which passes.across such York Harbor and to ports situated on or near Long Island Sound, was carried a stream as Staten Island Sound is to be accommodated as well as that which almost exclusively in canal-boats and barges. These boats and barges are placed passes along it, and, in the language of the Supreme Court in the case of Es­ in large tows. sometimes containing, as stated to the committee, 8,000 tons of canaba. Company -vs. Chicago (107 U.S. Reports, page 680), "The object of wise coal, and drawn by tugs. The canal-boats or bru·ges coming from the Delaware legislation is to give facilities to both wilh the least ob t1·uction to either." and Raritan Canal are brought down the R-aritan River in large tows and pass This we think is accomplished by the provisions of the bill. Oommerce of the through the draw-bridge ofthe Central Railroad of New Jersey at the mouth of railroad can pass across the sound. commerce of the sound can pass through the Raritan River. The draw of this bridge gives a clear water way of 200 feet. the draws which are ample for every purpose, and the large pz:oportion of the The opponents of the bill claim that the con truction of the bridge would offer sound traffic can pass under the bridge without even the necessity of openiug serious obstruction to this canal-boat and barge traffic by contracting the width the draw and without being obstrncted in any substantial degree. of the channel to two clear water ways of 200 feet each; the committee, how­ The committee therefore report Senate bill No.l21 with amendments, and rec· e,·er, are of the opinion that the difficulties anticipated by the opponents of the ommend its passa.ge as amended. bill will not arise in actual practice. It must be a·emembered that these canal- · Since this report was prepared the attention of your committee lt:ll!l been called 1886. CONGRESSIONAL RECORD-HOUSE. 5383 to resolutions passed by the Legislature of New Jersey, touching the authority UNITED STATES E "YGINEER OFFICE, ltew rork, January 16, 1886. of Congress in these premises, and in fact denying that authority. They there­ GENERAL: I have the honor to submit the following report in compliance with fore s ubmit their views a.s to this question. They also annex communications first indorsement, Office Chief of Engineers, United States·Army, January 14, from the Secretary of War. 1886, on letter from Committee on Commerce, United States Senate, .January 8, The committee does not deem it necessary to ente1· into an extended discus­ 1886, referring to Senate billl21, Forty-ninth Congress, first session, " To author­ sion of the power of Congress to pass acts authorizing the construction of bridges ize the construction of a bridge across the Staten Island Sound, known as Ar­ over interstate water ways. This power has been exercised too frequently to thur Kill, and to establish the same as a post-road." be now the suQject of serious denial. To cite a single instance among t~e This is essentially the same as Senate bill 1447, Forty-eight.h Congress, firs t statutes enacted by the Forty-seventh Congress, there are twenty·four acts 1n session, upon which repot·ts were submitted from this office under dates of Feb­ substantially the same terms as the present bill authorizing railroad companies ruary 28 and April15,1884, to which references are respectfully m a de. to build bridges over navigable rivers within and between States; hardly a ses­ Arthur Kill is about 12 miles long, and is a retil·ed and sheltered water con­ sion of Congress passes without similar authority being conferred upon a rail­ nection, through Kill von Kull, between the Upper Bay of New York and t-he road or bridge company to bridge some navigable stream. mouth of the Ra1·ita.n River. At the proposed site of the bridge the width from In 1876 the State of Suuth Cal'olina filed a bill in the Supreme Court of the bank to bank:, between high-water lines, is 625 feet, a pprox imate! y, ami between United States against the State of Georgia and the Secretary of 'Var to prevent the 12-foot curves 500 feet, approximately, the depth .in the center of the chan­ the United States engineers from building a crib across one channel of the Sa­ nel being 18 to 19 feet 1\1. L. W. In the northern half of the kill the navig-able Tannah River in order to deepen the others. The court dismissed the bill, and depth is 13 feet, low stage, and in the south half 15 to 18 feet,low stnge ; tbese in doing so used the fo1lowing language: are the minimum depths :uising from small shoals, the maximum de pth near "They (the States before the adoption of the Federal Con!!titution) had ple­ Perth Amboy being in excess of 35 feet. By a slight improvement the nllxigu­ mu:y authority to make improvements in the bed of a river, to divert the water blc depth may readily be increased throughout to 20 feet, low stage. from one channel to another, and to plant obstructions in it at their will, but Senate bill 121, Forty-ninth Congress, first session, provides for the cons! r ue· the power to regulate commerce conferred by the Constit;ution is that which tion of a pivotdraw·brigge, which shall haYe a width of span of not less than 200 previously existed in the States. The power to regulate commerce confers the feet in the clear on either side of the ph·ot pier, and a height of not les; tl1a n :::o control for that purpose to the extent necessary of all the navigable l'ivers of feet from lower chord to low-wat-er level. These provisions, in my opin ion . m eet the United States which are a.ccessible from a State other than those in which all the demands of the present or future commet·ce of the kill, and the rPstl'ic­ they lie; for this purpose they are t.he public pmper.ty of the United States, sub­ tions contained in section 4 of the bill are ample to secm·P. a loca t ion and cou­ j ect to all, the requisite legislation by Congress." (South Oarolina vs. Georgia, struction for the pivot pier such ns will cause least interference with the e xist­ 93 U. S., page 4.) . ing deep-water channel and at the same tim e will b e le!\s t obstructh·e to the Again t.be court said: tidal currents. . "Every structure et·ected in the bed of a t·iver, whether in the channel or not, The construction of the proposed brid ge under the proYi <;ion . n f thl' hill will 'vould be an obstruction. It might be a light-house erected on a submerged not in.iuriously affect any interests over which the Governme nt has control. s:\nd-bank, oro. jetty pushed out into the stream to narrow the water way, or a Very respectfully, your obedient servant, pier of a bridge standing where vessels now pass." G. L . GIU.ESPIE, It is true that the States retain the power to authorize the construct·ion of Major of Engineers, Bt•t. Lieut. Col., United Stu. tes A m~ y. uridges across navigable streams as long as the subject is notl'egulated by Con­ Bl'ig. Gen. JoHN NEWTON, gress, but the moment that Congress, in pursuance of the power delegated to it Chief of Enginee1·s, United States Army, Washi11gl.on, D. C. I•Y the Constitution, exercises its right to authorize the const.ruction of bridges, State enactments contrary thereto become null and Yoid. This is a doctrine The letter from the Senate Committee on Commerce is he1·ewith retumed. settled by numerolll!l decisions of the Supreme Court of the United States, and · Very respectfully, your obedient seryant, ·JOHN NE\YTO~. Hpon which Congress has uniformly acted. In the case of Gillman ~·s. Phila­ delphia (3 Wallace, 713) the court., referring 'to the construction of bridges, uses Oltiefof E-ngineers, IJI'i,g. cmd Bet . .bfaj. (}::;:rrc. t. the following language: · Hon, W. C. ENDICOTT, "The States have always exercised this power, and, from the nature and ob­ See1·etm·y of War. jects of the two systems of government, they must always continue to exercise it., subject, however, in all cases to the paramount authority of CongTess when- WAR DEPARTMENT, Washing/on City, Ma1·ch 7, 1884. ever the power of the State shall be exerted within the sphere of the commer- Sm: In returning herewith the copy of billS. 1447, "A bill to authorize I be ~ialpower which belongs to the nation." construction of certa,in bridges across the Staten Island Sound, known llS Ar- Again: thur Kill or Kill von Kull, and to establish the same as post-roads," which wa-:1 "Lastly, Congress may interpose, whencYer it shall be deemed necessary; by referred from the Senate Committee on Commerce for the views of this Depart­ general or special laws it may regula t.e all bridge s o~er navigable waters, re- ~ent thereon, I have ~be honor to incl~se het·ewith a report of the Chief <;>fEn­ move ofl'endinoo brid.,..es and punish those who shall thereafter erect them. gmeers, dated the 4th mstant, embodymg a copy of a. report upon the subject of 'Vithin the S!Jh~re of their authority both the legislatiye and judicial power of sai!l bill by ?.1aj. G. L. Gillespie, Corps of Engineers, New York, dated the 23th the United States are supreme. A different doctl·ine finds no warrant in the IultJmo.. · ...... ·, l'onstitution and is abnormal and revolutionary." '.rhe VI~ws presented by 1\laJOl' Gillespie, 1~ which. the Oh1ef of Engtnee1·s ex- In a case concerning a license to construct a boo.m in thel\Iississippi, the court presses hts concurrence, are also .concm-red m by thiS Department. Ea.id, in 1878: "Moreovet·, the United States, havin~paramountcontrol o~er the Very t·espectfully, yom· obedient servant, river, may grant such license if the State shouldretuseone." (98U. S.,page409, 1 ROBERT T. LINCOLN. Patte1·son vs. Boom Company.) In 1882 the same court said, in the case relating 1 Secreta1·y of TVar. to the bridge over the Ohio River, authorized by both Stat-e and the United States, Ron. S. J. R. l\Icl\IILLAN, that the act of Congress was "the paramount license for the erection and main te- Chai11nan CommiUee on Commerce, United Stales Senate. Hance of the bridge." (105 U.S., page 479, Bridge Company1:s. United States.) · '!'he authority to construct the bridge across the Missouri River from Council OFFICE OF CHIEF OF .ENGINEERS, UNITED STATES ARMY, BluftS to Omaha is derived from the actofCongressofFebrua.ry2~,18il, without TVashingtoJl,, D. C., 11farch 4, 1831. any legislation of the State of Iowa authorizing its construction, and the con- Srn: I have the honor to returrr herewith (S. 1447) "A bill ·to authorize the struction of the bridge under this act bas been declared legal by the Supreme construction of certain bridges across the Staten Island Sound known as Ar­ Court of the United States. thur Kill, and to establish the same a.s post-roads," referred to the War Depart- The act of Congress of July H, 1862 (11 Stat. L., 570), authorized a. railroad com- ment for its views and suggestions from the Committee ou Commerce of the pany to construct the bridge over the Ohio River near Steubenville, and makes Senate of the United States, and thence to thiR office, and to invite attention to void all provisions of the a.cts of Ohio or Virginia in conflict therewith. This the following copy of the report thereon of Maj. G. L. Gillespie, Corps of En­ is a notable instance of where Congress authorized a railroad company t-o con- gineers. struct its bridge over the Ohio River, although the express legislation of Virginia It will be obset·ved that Major Gillespie sees no objection to the construction provided that it should not construct that bridge until certain other bridges of draw-bridges as pt·ovided for, but makes objection to spanning the highway should be constructed elsewhere. The act of Congress strikes down this rest ric- in question by a bridge with unbroken spans having the elevation specified in tion of the State Legislature, and gives express authority to the railroad com- the bill. · pany to construct its bridge in spite of the same. [Second indorsement.] The committee do not deem it necessary to cit-e more instances of Congres- UNITED STATES ENGINEER OFFICE; ltew y .k, Feb ·uary 28, 1884. eional action in authorizing bridges, nor to refer at greater length to the numer- 01 1 ous decisions of the Supreme Court and circuit courts of the United States, in Respectfully returned to the Chief of Engineers, United States Army. That which this power is recognized as unquestioned. there may be no mistake as to the water way mentioned as "Staten Island Sound," I take occasion to say in the beginning that the navigable channel WAR DEPARTMENT, Washington Oily, Janua1·y Z7,183G. known by that name is limited exclusively to the narrow and tortuous water Srn: I have the honor to acknowledge the receipt of n. letter, dat-ed the Sth course usually called Arthur Kill, which separates Staten Island on the west instant, from the Committee on Commerce, by its clerk, inclosing Senate bill No. side from the New Jersey shore, and extends from Eliza.bethpol't to Perth Am­ '1.21., Forty-ninth Congress, first session, "to authorize the construction of a boy,N. J. bridge across Staten Island Sound, known a.s Arthur Kill, and to establish the The name Kill von Kull is reserved solely for the connecting passage between same as a post-road,"and requesting that the committee be furnished with such Upper New York Bay and N~wark Bay,separating Bergen Neck on the north suggestions as may be deemed proper touching the merits of the bill and the from Staten Island on the south. propriety of its passage. . The bridges ment-ioned in Senate bill1447, Forty-eighth Congress, first session, In reply I beg to invite your attention to the inclosed letter, dated the 21st are proposed to be erected over Arthnr Kill. one at or below Elizabethport, N . instantJ.. from the Chief of Engineers, who embodies a report in this matter by J., and the otber at or above Perth Amboy, N.J. .l\Iajor uillespie, Corps of Engineers, concurring in his views, and recommend­ Arthur Kill is the gi-and highway for all the local commerce of the several i ug that the height in the clear between the bridge and the water be measured ports and streams on the west side of Staten Island, as well a.s for the interstat-e from the level of mean low water, and be made 32 feet, if practicable. commerce passing south and west through the Delaware and Raritan Canal, The recommendations of Major Gillespie and of the Chief of Engineers are which connects the Raritan River at New Brunswick, N.J., with the Delawal'e concurred in. River at Trenton, N. J. This canal is one of the principal links of the ~ain of Very respectfully, your obedient servant, internal navigationofthe•Atlantic seaboard. It has a minimum depthofS feet WM. C. ENDICOTT, throughout, and its annual tonnage is 2,000,000 tons, approximately; less of lat.e · Secretmy of War. years than formerly, owing to raih·oad competition, though its importance as a Ron. 8.UmEL J. R.l\Icl\l:ILLA.N, water way is not impait-ed. Chairman CommiUee on Commerce, U.S. S~na~e. The d1-aws whlch are described in the bill are sufficiently wide to meet all the l'eq uirements of commerce along the l'oute over which the bridges are to be built. OFFICE OF THE CHIEF OF Exanu:Ens, U.S. An~IY. I do not a.pprove the spanning of any important navigable highway adjacent TVashinglon, D. 0., January 21,1886. to the sea, which is now or may hereafter be utilized by sea-going vessels, by a Sm: I have the honor to acknowledge the reference to this office for report of bridge with continuous spans, even if the bottom chords should be placed so letter from the Senate Committee on Commerce, by'its clerk, Mr. J. B. McMillan, high as 100 feet above high-water mark, except in the I'ai·e cas\'! of two large and dated the 8th instant, inclosing Senat-e billl2l, Forty-ninth Congress, first ses- populous cities, where the intercommunication between them over a. bridge sion, "to authorize the construction of a bridge across the Staten Island Sound, would be greatly interfered with by frequent and prolonged openings of the known as Arthur Kill, and establish the same as a post-road," and to state draw. that it was referred to Maj. G. L. Gillespie, Corps of Engineers, who has returned No such condition exists on Arthur Kill, and while the existing depth of water it with a report, of which the following copy is respectfully submitted. is not sufficient for sea-going vessels of the first cl.'\ss, yet the stream is capable l\Iajor Gillespie's views are concuh·ed in by this office, and in addition it is Iof improvement, and will be improved whenevet· commerce demands it. For recommended that the height in the clear between the bridge structure and the this reason the bridges should be provided with draws. The pmposed clear water be measured from the level of mean low watel.", and be made 32 feet-, if width of 200 feet on either side of the pivot will be ample to prevent interference practicable. with the security and convenience of navigation of Arthur Kill. 5384 CONGRESSIONAL RECORD-HOUSE. JUNE 7,

On the approach to Newark, N.J., from Kill von Kull, the Central Railroad. of ga.tion of the Arthur KilJ, is recommended by the War Department, and we New Jersey, which crosses Newark Bay, hRS a draw with a clear opening of 80 think should be pa.!!sed. 'Ve therefore report the bill back with a favorable rec­ feet on either side of pivot; the New York and Newark Railroad, at the mouth ommendation. of the Passaic River, has one of 65 feet, and the Pennsylvania Railroad, in the city ofNewark,has one of75 feet. . lfr. MORRISON. Here is a paper from an engineer which gives some The Central Railroad of New Jersey, whose t1-acks cross Raritan River near light on this subject. I send it to the desk to be read. its mouth, on the approach to the canal, after a lengthy controversy with the Delaware and Raritan Canal Company, adopted and builtadraw openingof200 The Clerk read as fo~ows: feet, the same as proposed in this bill. . In regard to the proposed building of a railroad bridge across Arthur Kill, The main objects to be gained by the construction of these bridgesar~ to g1ve between Staten Island and New Jersey, this proposed railroad bridge is to be rapid transit around t.he island to points on the New Jersey shore, to mcrease built over the existing channel, which passes Elizabethport, runs between Staten the facilities for reaching New York, and to provide means for reaching coal Island and New Jersey, and empties into Raritan Bay. wharves to be built, it is said, by the coal-<:arrying roads on deep water on the The bill introduced is for a. bridge to extend from Elizabethport to Staten Isl­ east side of the island. and with a center pier 500 feet long, parallel with the channel, having a draw It is a comprehensive enterprise, which, if successfully carried out, will add 200 feet wide. greatly t<> the commercial · charac~er of the isl.and and the adja~~t shores, a~d To build such a. bridge at this point, at least 300 feet of the water inclosed . the bridges may be safely authoriZed to be built under the restr1ctlons of the bill between these shores will be obstructed by thelillng or the piers which will without any detriment to commerce, present or prospective. hal"e to be driven or built to support the road-be . The pape.rs are herewith r~turned. Arthur Kill is very narrow, ouly 600 feet wide; is one of the most important G. L. GILLEsPIE, highways for commerce in the vicinity of New York Harbor. Major of Enginec1·s, Bd. Lieut. Col., U.S• .d. The channel is used by all the vessels which transportthecommerceoriginat­ I concur in tllcse views. ing at Elinbethport, and also by all ve3sels, steamers, boats, barges, and t<>ws Very respectfully, your obedient servant, which go to and com~ ftom the many rivers tributary to Arthur Kill, or which H. G. WRIGHT, pass from New York Harbor southward, through the Delaware and Raritan Chief of Engineers, Brig. mul Bvt. Maj. Gen. Canal, which, with the Rarit-an River, is the connecting link of interstate com­ Ron. RoBERT '.r. LINOOLN, merce between States south of New Jersey and those east. The annual ton­ Secretary of War. nage of t.he canal alone, at one time, amounted to 5,500,000 tons; it is now diminished to 1,800,000 tons on account of shoals in the Raritan, River, and the OFFICE OF THE CHIEli' OF E~GINEERs, U:mTED STATES An.liY, unfortunate delay at the mouth of this rive~ compelling the tows to wait for Washington, D. C., April17, 1884. certain stages of the tide before attempting to pass through the draw of the SIR: I have the honor to acknowledge the reference to this office on the 11th Long Branch Railroad Company's bridge; then they experience great difficulty instant of the letter of Hon. W. P. F&YE, of the Committee on Commerce of the in getting safely through. . United States Senate, inclosing 8. 1447, "to authorize the construction of certain In 1874 the General Government proposed to improve the channel by dredging bridges across the Staten Island Sound, known as Arthur Kill or Kill von Kull, a channel 400 feet wide, 13 feet deep, mean low water, extending from Shoot~ and to establish the same as post-roads," and certain papers relating thereto, Island, leading past the wharves at Elizabethport ., with deflecting dikes on both and to state that it was referred to Maj. G. L. Gillespie, Corps of Engineers, who sides of the cllaunel. The opposition to the dikes was so intiuentlal that April has returned it with the report of which the following is a. copy. 26,1875, a gcncml order was issued constituting a board of United States ­ Major Gillespie's views appear to be just and proper, and are concurred in. neer officers to examine and report a pl!lll for a channel between Staten Island and New Jersey, which board reported November 30,1875, and in this report is Uto."Tl:ED STATES ENGTh'EER's OFFICE, New York, AprU 15, 1884. the following paragraph: Respectfully returned to the Chief of Engineers, United States Army. "It bas been urged that the projected route by reason of the abrupt termina­ '!'he intent of the act, as I understand it. is to authorize at this- time the con-. tion of direction at the eastern end of the dikes will inconvenience the towage struction of a. railroad bridge over the navigable waters of Arthur Kill, the Sec­ companies, while the adYantage of a wider, deeper, and shorter channel, only retary of War having the reserved right, in the interest of commerce, to dictate about a mile long, between dikes, more than compensates for the inconveniences the character and arrangement of the bridge in all its parts. . of this change of direction to the larger class of vessels. It is quite probable that The petition submitted with Mr. Bonnett's paper has been carefully consJd­ large tows would by p1·eference take the present channel if suitably improved." ered. The east bank of Arthur Kill, on the northern side of Staten Island, ex• Any p1·oposition to dike in the present chrmnel would doubtless prove a. fail­ tending south to Fresh Kills, is a wide marsh land, with but little variation in ure, as the m eeting of Arthur Kill and Kill von Kull currents would form a its elevation for a distance back from the shore line of over2 miles. Ifthe lower shoal somewhere between the dikes or at their entrance, and thus defeat the chord of the bridge proposed to be built near Elizabeth port be placed at 135 feet purpose of their construction. '!'his board place their decision not to recom­ nbove high water the approaches to the bridge would be over long and high mend the dike system of improvement already commenced solely on this ground, trestle-work, which would have so steep a grade as to make the railroad prob­ that whatever may have been the 'prospective requirements "of commerce on ably unfitted for giving rapid transit to the towns on the island and on the this route three years ago, its present needs do not, in their o_pinion, ca.ll for a. west bank, or for convenient connection with existing railroads. 14-foot channel at mean low water to be attained by the construction of dikes Tile 135-foot contour of the island ruong the proposed railroad line on the north at lage cost.. On the contrary, they believe that the existing channel can be shore does not extend westward of Factoryville. At the southwestern point of sufficiently improved to accommodate present commercial interests by dredging the island the ground is higher than on the !10rth .shore; o~ ~he ridge ab.ove to a depth of 10 to 11 feet at mean low water, by diminishing its curvature-at the '.rottenvillethe 100-footcontour appears on a smgle rise, but this 1s an exception; corner stakes light, and by giving it such width as to permit the passage of large all the rest of the ground in the vicinity is much lower. tows and tbe largest class of sailiug vessels iu use on these waters without risk The low character of the land adjncent to Al·thur Kill therefore compels, with of collidin~ or grounding. We therefore recommend that this deepening and rapid transit in view, the construction of Jow bridges; and that they may not widening of the channel be effected in accordance with the plans which we now obstruct navigation, draws must be provided, thP. exact width and arrangement submit: of which can be definitely stated only after a ca.reful survey of the water course As the channel in its western and difficult portion was produced by the has been made, including the determination of the strength and directions of the transit of large tows drawn by steamers and the larger class of propellers, it is current. A clear width of not less than 200feet in the channel way, through the presumed that when deepened the same causes will help to maintain that depth bridges provided for in the act, is, with my present knowledge, deemed sufficient and diminish the expenditures that will be required from time to time for dredg- for the requirement of the commerce of Arthur Kill, and the projected bridaes may, it is .thoug~t, be b?ilt without interferiuf'f inj.uriously w!th th~ flow of t¥e inft will be noticed that the board of engineers decided that shoals will form tide, or without mcreasmg the dangers to navigation due to Ice which forms 1n somewhere between the dikes or at their entrance. These dikes were to be the kill or which is driven there by winds and currents. built parallel with the channel, so that the water could flow past them. Now, if The relation of the bridges to the tides, ice floes, and other matters involving shoals form around such dikes, which comparatively do not obstruct the flow the rights of commerce will engage the atte!ltio~ of the examining officers des-­ of water, is it not demonstrated that if piles are driven directly across or hori­ ignated by the Secretary of War ruler the bridge company shall have presented zontal to the flow of water of the channel, or large piers built with narrow out­ drawings and specifications of the plans proposed. . lets, that they act as a dam, stopping the flow of water in a great measure, and The examination will include not only the bridges proper and the necessary in consequence shoals will more readily form, and in a short time the channel width of draws but their sites and the sites and arrangements of the piers with will dwindle down to a narrow, intricate one, caused by shoals forming around reference to th~ navigation of Arthur Kill in all its bearings. the piers of the railroad bridge, causing great inconvenience to the commercial 'l'he papers are herewith returned. interests of the many tributary rivers which rely on this kill as the means of a G. L. GILLESPIE, near, direct, and economical delivery of their merchandise, and on which the Major of Engiaens, B t·t. Lieut. Col., U.S. A. General Government has expended $848,000 improving. The Jetter of Hon. Mr. FRYE is herewith returned. The maintenance of deep. water and open channel ~t this point is a matter of Very I·espectfully, your obedie_!lt servan ~, JOHN 1\'"EWTO:N, more than local importance, as it not only concerns the coasting trade of New Jersey, but also a considerable p!l.rt of that of Pennsylvania, Delaware, and • Chief of Engi11cers, B1·ig. and B vl. Maj. Gen. Mary land, being a. great outlet for easy and economical deli very to the ma.nu­ llon. ROBERT T. LINCOLY, factoriesofthe New England States. The number of vessels which pass thro~gh Secretary of War. this channel amounts to 98,000 annually, carrying a total tonnage of 16,500,000 tons, with an estimated value of $61,592,000 . WAR DEPARTMENT, Washi11gton City, Ap1'il19, 1884. .Any bridge across this kill would greatly o batruct t~e navigation ofthis channel, ·as the distance from Staten Island to New Jersey 18 only 600 feet, and at least SIR: Refening to your letter of the lOth instant, inclosing bill S. 1447, Forty­ 300 feet of that would be occupied by the piers to support the bridge. . ei1

'' is the end of rail commerce between the West and the East,'' and draw are made up the large tows of ronal-boats coming from the Erie Canal and n. destined to New York, and through it also pass all the large steamers plying therefore he wishes it to remain so, because "here commences great between New York and Albany. • system for the distribution of that comrp.erce" by boats to the New 'I' he lake commerce of the city of Chicago is accommodated upon U1e Chicago Enghnd ports ancl elsewhere. · Rh·er, and at least 99 per cent. of the same passes through one draw-bridge and 90 per cent. passes through five draw-bridges. Over the Chicago River there are 'l'he construction of this bridge will extend to the people of the West some thirty-three bridges with draws therein, and none of them, we believe, and South increased facilities for the marketing of their products, and arc of greater width than that provided by the bill. Under the act of Congress will reduce by competition the cost of transportation of coal and other approved the 3d day of 1\Iarch. 1883, the construction of a bridge of the New hcavyfi·eight to them as well as the Eastern States. It will greatly York, Boston, and Providence Railrond Company across the Thames River, at to ot· near New London, Conn., was authorized; the location and plans thereof diminish the terminal charges and add. 10 or 12 miles of deep-water were to be approved by a board of Army and Navy officers designated by the whar fage to the harbor facilities of the port of New York, and will hring Secretaries of 'Var and Navy. about a wholesome competition in passenger rates. After full discussion this board has approved a pl:1.n of a bl·idge with a dl"aw of sub tantially the a me length as that provided in th bill, aud through this The bill should pass. draw pass the sound steamers of the Norwich line, and large ocean craft, and The Senate report above referred to is as follows: the United States war vessels destined to the -naval station which is situated some distance aboYe the bridge. Across the Harlem Rivet· in New York bridges TliC Committee on Commerce, to whom was refen·ed the bill (S.121) to author­ have recently been constructed and approved by the engineers of the Army ize the construction of a bridge acl"Oss the Staten Island Sound, knowu as Arthur with draws of considerably less width than the one proposed by this bill; and Kill, nnd to establish the same as a post-road, beg leav~ to repo~tas follows: under these bridges and through these draws passes an imn'lense commerce as Th:s bill m akes it lawful for the titaten Island Rapid Transit Railroad Com­ well as the large car fioalsand towsoftheNew York Central and Hudson River pany and the Baltimore and New York R!l.ilroad Company, corporations e:x:i t­ Railroad to the High Bridge terminus of that line. ing under the States of New York and New Jersey, respectively, teth, N.J., and the town of Northfield, upon S~at.en Island,_ New ~ork. State. The large commerce of the city of Newark, with a population of 150,000 It provides that the b1·idge shall be constructed as a ptyot draw-bn_dge, w1tl~ a. inhabitants, and of its neighboring towns p!I.S.Ses through the draws of the nu­ draw over the main channel of the Sound at an accessible and navigable pomt merous bridges across the Newark Bay and the Passaic River, and none of these and with spans of not less than 200 feet in the clear on each side of the central draws have a width greater than 80 feet, and the extent and ''alne of the com· or ph·ot pier of thedraw and that these spans shall not be l~s than 32 feet above 1 merce and the number of ...-essels passing through the same is shown by the low-,Yater mnrk measurmg to the lowest member of the bndge superstructure. above-mentioned report of l\Iajor Gillespie page (742). All of these bridges across The hill further provides that the plan af!-d lo<;ation of the bridge_ shall be sub­ the Newark Bay and the Passaic River are so lowthatthedrawsare required to mittcu to the Secretary of War and recen·e hiS approval before 1t can be con­ be opened even for the smallest craft. . structed. The committee are t.het·efore persun.ded that the commerce of Arthur Kill can The committee gave ample opportunity to all parbies interested to present readily pass through a 200-feet draw. Itwasshowu to the committee that there their n.mume nts in favor of o1· against the bill, and, after carefully considet-ing was a limited commerce of small oyster boats, and craft of that kind, but of the snm~, now state their conclusions as follows: course these would have no difficulty in passing through this dt·aw-bridge. Very (1) titnten Island Sound, or Arthur Kill, is a tidal water way separating New few sea-going vessels pass through the Arthur Kill and only when in tow, and Jersey from Staten Island, New York. The bill does not locate the site of the it W1\S not seriously claimed that vessels of this character would be affected by bridrrc but leaves the same to be determined by the Secretary of War. It was the construction of this bridge. • conc.~ded however in the arguments before the commiUee that the point at '.rhe committee refer to the fact that a bill similar to this received the unani­ which th~ milroad ~mpanies desired to construct the bridge, if the site chosen mous approval of the Senate Committee on Commerce at the Jast session, and by them should be approved by the Secretary of War, was near the southern they also refer t{) and make a part of this report the report of the Secretary of bordl't" of t~ town of Elizabeth, and where the Sound does not exceed 600 feet Wnr and the communications of the 'Var Department in regard to the previous in width. Some of the opponents of the bill did not object to the constr~ction bill, which contained provisions substantially the same as the one now in ques­ of the bridge across the sound, but to the location as chosen by_the ratJroad tion. They call special attention to the following language of l'l1ajor GiUespie, comp::mies. The committee, however, n~e of opinion t~at the question o~ the_ lo­ of the engineers: cation of the bridge should be left, as 1t 1s left by the bill, to the determmatJon ''The proposed clear width of200 feet on either side of the pivot will be ample of U1c Secretary of 'Var, who will doubtl~S;S be _governed in his action by the to prevent interference with the security and convenience of navigation of Ar­ report of engineer office1·s t.horoughl;v- familiarwtth t.he.sound, an <;I wh? are em­ thur Kill. It is a comprehensh·e ·ente1·prise, which, if succe sfully carried out, inently qualified to determme what IS properly a question of engmeermg. will add greatly to the commercial character of the island and the adjacent In almost all the acts of Congress authorizing the construction of bridges over shores, and the bridges may be safely authorized to be built under the restric­ navigable streams we find that tJ:u~ Secretnry of "\V ar has been invested ~th the tions of the bill without any detriment to commerce, present or prospective." power to locate the bridge and approve the plan ~hereof, and no suffiCie~t re~~:­ In the report of Major Gillespie the Chief of Engineers concurred, and the son h:ls been presented to the committee warranting a depnrture from this unt­ same was approved by the Secretary of War. form usage. (3) The two corporations which by the bill are authorized to construct this (2) Staten Island Sound is an important water w~y connecting l':lewar~ Bay bridge nre now controlled by the Baltimore and Ohio Railroad Company, which and Kill von Kull with Raritan Bay, and along this sound there IS carried an seeks for its traffic an independent outlet upon New York Harbor. This com­ e:xt.ensive commerce. The shores on either side in the main are low, flat salt pany is one of the large trunk lines, so called, controlling some 3,000 miles of railway, extending to Cincinnati, Louisville, and Saint Louis on the south­ m:j_,~~ocl:~~f commerce ~f the sound that is to be affected by the consh·uction of west, and PiUsburgh, CleYeland, Sandusky, and Chicago in the north and north- this bridge is that coming from South Amboy, Perth Amboy, and the Raritan Ri vcr. At South Amboy the Pennsylvania Railroad Company have cons~ucted w~~is company desires to use the northern and eastern shore of Staten Island theil· extensiYe coal wharves, and at Perth Amboy are found the large piers of for its terminus; upon these shores there is ample depthofwaterfor the accom­ the Lehigh Valley Railroad Company: The tonnage fr~m South Amboy, as modation of the largest sea-going vessels. These vessels can come direct to the shown by the I"eport. of 1\!ajor Gillespie, for the year endmg June 30,1884, was piers constructed upon these Staten Island shores and unload their cargoes di­ 2 308 001 tons being chiefiy coal (see page 754) ; from Perth A.m boy, from the same rect into warehouses, whence the same can be loaded directly into carsfor ship­ r~po~t (page 754}, the tonnage was 2,293,620 ton~; this also was chiefly coal. From ment to their places of distribution. 'I'erminal charges for lighterage from the the Raritan River came, first, thetonnagepassi_ngthr~mgh theDela~are and Rar­ ve sel l{) the warehouse and again from the warehouse to the railroad will thus ~tan <..,'anal connecting the Delaware and Raritan Rivers, amountmg, ~s shown be S!lved. The average cost of lighterage in the New York Ha1·bor was st·at~d by that report (page 756}, to 1,2721386 tons; and also t~?e tonnage. comu~g fmm to your committee as 60 cents a ton. The railroad company also propose to carry manufacturing and other establishments upon the r1ver and tnb~tanes, and their pas enger traffic in fast steamers directly from the northern point of the which were carried in small sail-hoats or small st~amers, and shown m the same island to their depot near the B!lttery in New York city, and which is immedi­ report as 409,939 tons. . . . at.ely connected with the station of the four elevated railroad lines in New ·what proportion of this enti1·e tonnage passes through the Rar1ta~ Ba~ and York. takes what is known as the outer channel through the Narrows to New l:ork, The construction of the bridge will therefore serve a very important public nnd what proportion of the same passes through the outer channel and past purpose and accommodate a very large amount of ihterstate and foreign tm:flic, Sandy Hook and up the coast, th~ committee have no acc~ate mean~ of deter­ and will give to the Baltimore and Ohio Railroad an independent terminus at mining; it was, however, conclustvely shown to the committee, and mdeed ad­ New York, and will bring into use for commercial purpose the deep-watered mitted by all parties, that the commerce from South Amboy, Perth ~boy ,~and shore of Staten Island, which forms the southern portion of the New York Har­ the Delaware and Raritan Canal and wh1ch passed up the sound to~ ew 1 ork bor. Harbor and to ports situated on or near Long Island Sound, was carned_almost (4) The committee are of opinion that the commerce which passesacross such exclusively in canal-boats and barg·es. '.rhese boats and barges are placed m large a stream as Staten Island Sound is to be accommodated as well as that which tows, sometimes containing, as stated to the co.mmittee, 8,000 tons of coal, and passes along it, and, in the language of the Supreme Court in the case of Esca­ drawn by tuas. The canal-boats or barges commg from the Delaware and Rar­ naba. Company 1:s. Chicago (107 U.S. Reports, page 680), "The object of wise leg· itan Canal a;'e brought down the Raritan River in large tows and pass through islation is to give facilities to both with the least obstruction to either." This the draw-brida-e of the Central Railroad ofNewJersey at the mouth of the Rar­ we think is accomplished by the provision of the bill. Oommerce of the rail­ itan River. The draw of this bridge gives a clear water way of 200 feet. road can pass across the sound, commerce of the sound can pass through the The opponents of the bill claim that the construction of the brid~e would S under the bridge without tlle op ening. thority of Congress in these premises, and m fact denymg that authority. of the dra;. 1\lol"eover, it is a well known fact that the s~oke-sta~ks of these '.rhey therefore submit their views as to this questio11. They also annex com­ tugs can be so constructed that they can be lowered whlle passmg under ?­ munications from the Secretary of War. · bridge and that this form of construction is quite common if not almost um­ The committee does not deem it necessary to enter into an extended discus­ versal ~pon theWestern rivers, where the boats are frequently required to lower sion of the power of Congress to pass acts authorizing the constt·uction of their stacks while passing ~der bridges constructed '':ithout a dra:w. bridges over interstate water ways. This power has been exercised too fre· The committee call attention to the fact that the btll does not fu the exnct quently to be now thesubjectofserious denial. To cite a single instance among height at which the bridge is to be constructed above low-water mark, bnt l~rc­ the statutes enacted by the Forty-seventh Congress, there are twenty-four acts scribes that it shall be constructed not less than 30 feet above the same, lea,·mg in ubst:mtially the same terms as the present bill authorizing railt·oad com­ to the Secretary of War to determine w~ether, under all ~h~ c i rcumsta u~e s, the panies to build bridges over navigable rivers within and between States; hardly bridge shall be constructed a. few feet higher than the mmunum presm·•_bed by a se ion of Congress passes without sinlilar authority being conferred upon a the bilL The committee call attention to the fact that very much of tins com­ railroad or bridge company to bridge some navigable stream. merce that will pass through this bridge has not only come through the Del:l.­ In 1876 the State of South Carolina filed a bill in the Supreme Court of the wnre and Raritan Canal, but has come in tows through the 200-foot draw at the United States against the State of Georgia and the Secretary of War, to prevent mouth of the Raritan River. The committee are not aware that a draw of the United States engineers from building a crib across one channel of the Sa­ greater length than that prescribed by the bill has ever been required by Con· vannah River in order to deepen the other; the court dismissed the bill, and in so doing used the following language: II gr~!o:N~\;n.;~~e:~d Greenbush Railroad Company's bridge is construe~ "They (the States bef

I' 1886. CONGRESSIONAL RECORD-HOUSE. 5387 from one channel to another, nnd to plant obstructions in it at their will, but the Amboy being in excess of 35 feet. By a slight improvement the navigable power to regulate commerce conferred by the Constitution is that which pre-­ depth may readily be increased throughout to 20 feet, low stage. viously existed in the States. The power to regulate commerce confers the con­ Senate billl.21, Forty-ninth Congress, first session. provides for the consb·uo­ trol, for that purpose, to the extent necessary, of all the navigable rivers of the tion of a pivot draw-bridge which shall have a width of span of not less than United States which are accessible from a State other than those in which they 200 feet in the clear on either side of the pivot pier, and a height of not less than lie; for this purposre they are the public property of the United States, subject 80 feet from lower chord to low-water level. These provisions, in my opinion, to all the requisite legislation by Congress." (South Carolina vs. Georgia, 93 U. meet all the demands of the present or future commerce of the kill, and the re-­ s.,pnge4.) strictions contained in section 4 of the bill are ample to secure a location and .Again the court said: construction for the pivot pier, such as will cause least int~rference with the "Every structure e1·ected in the bed of a river, whether in the channel or not, existing deep-wat~r channel, and at the same time will be least obstructive to would be an obstruction. It might be a light-house erected on a submerged the tidal currents. sand-bank, or a jetty pushed out into a stream to narrow the water way, or a The construction of the proposed bridge under the provisions of the bill will pier of a bridge standing where vessels now pass." not injuriously affect any interests over which the Government has control. It is true that the States retain the power to authorize the construction of Very respectfully, your obedient servant, bridges across navigable streams as long as the subject is not regulated by Con­ G. L. GILLESPIE, gress, but the moment that Congress, in pursuance of the power delegated to it Majol' of Engineers, Bvf. Lieut. Col., U. S. Ar·my. by the Constitution, exercises its right to authorize the construction of bridges Brig. Gen. JoHN NEWTOY, State enactments contrary the1·eto become null and void. This is a doctrine Chit,/ of Engineel's, U. S. Army, Washington, D. C. settled by numerous decisions of the Supreme Court of the United States, and upon which Congress has uruformly acted. In the case of Gillman t1s. Philadel­ The letter from the Senate Committee on Commerce is herewith returned. phia (3 W a.llnce, 713) the court, r.eferring to the construction of bridges, uses the Very respectfully, your obedient servant, following language: . JOHN NEWTON, "The States have always exercised this power, and, from the na.tu1·e and ob­ mtief of Engineers, Brig. and Bt·t. Maj. General. jects of the two systems of government, they must always continue to exercise Hon. W. C. ENDICOTT, it, subject, however, in all cases to the paramount authority of Congress when­ SecretarrJ of Ww·. ever the power of the State shall be exerted within the sphere of the commer­ cial power which belongs to the nation." WAR DEPARTiUE!."T, Washillgton (Ji,ly, March. 7, 1884. Again: "Lastly, Con~ess may interpose whenever it shall be deemed necessary; by Sm: In 1·etnrning herewitlithe copy of bill S.l4-i7, "A bill to authorize the con­ general or Special laws it may regulate all bridges over navigable waters, remove struction of certain bridges across the Staten Island Sound, known as .Arthur offending bridges, and punish those who shall thereafter erect them. Within Kill or Kill von Kull, and to establish the same as post-roads," w hicb was re­ the phere of their authority both the legislative and judicial power of the United ferred from the &nate Committee on Commerce for the views of this Depart­ States are supreme. A different doctrine finds no warrant in the Constitution ment thereon, I have the honor to inclose herewith a report of the Chief of En· and is abnormal and revolutionary." gineers, dated the 4th instant, embodying a copy of a report upon the subject of In o. case concerning a license to construct a boom in the Mississippi, the court said bill by Maj. G. L. Gillespie, Corps of Engineers, New York, dated the 28lh said, in 1878: "Moreover, the United States, having paramount control over the ultimo. river, may grant such license if the State should refuse one." (98 U.S., p. 409, The views presented by Major Gillespie, in which the Chief of Engineers ex­ Patterson ~·s. Boom Co.) In 1882 the same court said, in the case relating to the presses his concurrence, are also concurred in by this Department. bridge over the Ohio River, authorized by both State and the. United States, that Very respectfully, yout obedient servant, the t\ct of Congress was "the paramount license for the erection and mainte-­ ROBERT T. LINCOLN, nance of the bridge." (105 U. S.,p 479, Bridge Compa.nyw. United States.) The · Secretary of War. authority to construct the bridge across the Missouri River from Council Bluffs Hon. S. J. R. McM:n.LA.N, to Omaha is derived from the act of Congress of February 24,1871, without any Chairman (]Qmmiltee on Commerce, United States Senate. legislation of the State of Iowa authorizing its construction, and the construc­ tion of the bridge under this aet has been declared legal by the Supreme Court of the United States. OFFICE OF THE CHIEF OF ENGINEERS, U.S. ARMY, The act of Congress July 14, 1862 (11 Stat. L., 570), authorized a railroad com­ Washington, D. C., March 4., 18S:t pany to construct the bridge over the Ohio River, near Steubenville, and makes Ron. RoBERT T. LINCOLN, void all provisions of the acts of Ohio or Virginia in conflict therewith. This · SecretarrJ of Wal'. is a notable instance of where Congress authorized a railroad company to con­ Sm: I havet4ehonor to return herewith {S. 1447} ".A bill to authorize the con, struct its bridge over the Ohio River, although the express legislation of Vir· struction of certain bridges across the Stat~n Island Sound, known as Arthur Kill­ ginia. provided that it should not construct that bridge until.certa.in other bridges and to establish the same as post-roads," referred to the ''Var Department for its should be constructed elsewhere. The act of Congress strikes down this restric­ views and suggestions from the Comnlittee on Commerce of the Senate of the tion of the State Legislature, and gives expres~ authority to the railroad com­ United States, and thence to this office, and to invite attention to the followin<>< pany to constmct its bridge m spite of the same. copy of the report thereon of 1\Iaj. G. L. Gillespie, Corps of Engineers. "' The committ~ do not deem it necessary to cite more instances of Congres­ It will be observed that Major Gillespie sees no objection to the construction sional action in authorizing bridges, nor to refer at greater length to the nu­ of draw-bridgesa.s provided for, but makes objection to spanning the high way in merous decisions of the Supreme Court and circuit courts of the United States in question by a bridge with unbroken spans having the elevation specified in the which this power is recognized as unqueBtioned. bill. [Second indorsement.] WAR. DEPARnDmT, Washington Oily, January 27, 1886. UNITED STATES ENGINEER OFFICE, Sm: I have the honor to acknowledge the receipt of a letter dated the 8th in­ New York, Febrttal'Y 28, 1881. stant from the Committee on Commerce, by its clerk, inclosing Senate bill No. 121, Forty-ninth Congress, first session, "to authorize the construction of a bridge Respectfully returned to the Chief of Engineers, United States Army. That across Staten Island Sound, known as .Arthur Kill, and to establish the same as there may be no mistake as to the water way mentioned as "Staten Island. a post-road," and requesting that the committee be furnished with such sugges­ Sound," I take occasion to say in the beginning that the nav-igable channel tions as may be deemed proper touching the merit.s of the bill and the propl'iety kno'wn by that name is limited exclusively to the na.rrew and tortuous water of its passage. course usually called .Arthur Kill, which separates Staten Island on tbe west In reply I beg to invite your attention to the inclosed letter, dated the 21st in­ side from the New Jersey shore, and extends from Elizabeth port to Perth .Am­ stant, from the Chief of Engineers, who embodies n. report in this matter by boy,N.J. :Major Gillespie, Corps of Engineers, concurring in his views and recommen.d­ The name Kill von Kull is reserv-ed solely for the connecting passage between ing that the height in the clear between the bridge and the water be measured Upper New York Bay n.nd Newark Bay, separating Bergen Neck ou the north from the level of mean low water and be made 3'l feet, if practicable. from Staten Island on the south. The recommendations of Major Gillespie and of the Chief of Engineers are The bridges mentioned in &nate bill 1447, Forty-eighth Congress, first ses­ concurred in. sion, are proposed to be erected ov-er .Arthur Kill, one at or below Elizabeth port, Very respectfully, your obedient servant, N.J., and the other at or above Perth Amboy, N.J. W:M:. 0. ENDICOTT, .Arthur Kill is the grand highway for all the local commerce of the several Secretary of War. ports and streams on the west side of Staten Island, as well as for the interstate Hon. SAMUEL J. R. Mcl\ln.LA.N, . commerce passing south and west through the Delaware nnd Raritan Canal, Ohai1'man Committee on Commerce, United Stales &nate. which connects the Raritan River at NewBrnnswick, N . J., with the Delaware River at Trenton, N.J. This canal is one of the principal links of the chain of internal navigation of the Atlantic seaboard. It has a minimum depth of 8 feet OFFICE OF THE CHIEF OF ENGINEEBS, U.S• .A.RMY', throughout, and its annual tonnage is2,000,000 tons, appro:x:imately; less of late Washington, D. C., January 21,1886. years than formerly, owing to railroad competition, though its importance as a water way is not impaired. SIR: I have the honor to acknowledge the reference to this office for report The draws which are described in the bill are sufficiently wide to meet all the of letter from the Senate Committee on Commerce, by its clerk, Mr. J. B: Mc­ requirements of commerce along the route over which the bridges at·e to be Millan, dated the 8th instant, inclosing Senate bill 121, Forty-ninth Congress built. first session, "to authorize the construction of a bridge across the Staten Island I do not appro>e the spanning of any important navigable highway, adjacent Sound known as .Arthur Kill, and establish the same as a post-road," and to to sea, which is now or may hereafter be utilized by sea-going vessels, by a state ~t it was referred to 1\Iaj. G. L. Gillespie, Corps of Engineers, who has bridge with continuous spans, even if the bottom chords should be placed so returned it with a report, of which the following copy is respectfully submitted. high as 100 feet above high-water mark, except in the rare case of two large and Major Gillespie's views are co;ncurred in by this office, and in addition it is populous cities, where the intercommunication between them over a bridge recommended that the height in the clear between the bridge structure and the would be greatly interfered with by frequent and prolonged openings of the water be measured from the level of mean low water, and be made 32 feet if draw. · practicable. · ' No such condition exists on .Arthur Kill, and while the existing depth of water UNITED STATES ENGINElm OFFICE, is not sufficient for sea-going >essels of the first class, yet the stream is capable New York, Janua!'Y 16, 1886. of improvement, and will be improved whenever commerce demands it. For GE mRAL: I have the honor to submit the following report in compliance this reason the bridges should be provided with draws. The proposed clear with first indorsement, Office Chief of Engineers, United States .Army, January width of 200 feet on either side of the pivot will be ample to prevent interfer­ 14, 1886, on letter from Committee on Commerce, Unit-ed States &nate, January ence with the security and conYenience of navigation of Arthur KilL 8J 1886, xeferring to Senate bill 121, Forty-ninth Congress, ftrst session, "to au­ On the approach to Newark, N.J., from Kill von Kull, the Central Railroad of tnorize the construction of a bridge across the Staten Island Sound, known as New Jersey, which crosses Newark Bay, has a draw with a clear opening of 80 Arthur Kill, and to establish the same as a post-road." feet on either side of pivot; theNew .York and Newark Railroad, at the mouth of This is essentially the same as Senate bill 1447, Forty-eighth Congress, first the Passaic River, bas one of 55 feet, and the Pennsylvania Railroad, in the city session, upon which reports were submitted from this office under dates of Feb­ of Newark, has one of 75 feet. ruary 28 and .Aprill5, 1884, to which references are respectfully made. · The Centml P..ailroad of New Jersey, whose tracks cross Raritan River ne:Ir Arthur Kill is about 12 miles long, and is a retired and sheltered water connec­ its mouth, on the approach to the canal, aft~r a lengthy controversy with the tion, through Kill von Kull, between the Upper Bay of New YQrk and the Del:lware and Raritan Canal Compauy,adoptedandbuiltadra.w opening of200 mouth of the Raritan River. .At the proposed site of the bridge the width from feet, the same as proposed in this bill. bank to bank ~tween high-water lines is 625 feet, approximately, and be­ The main objects to be gained by the construction of these bridges are to give tween the 12-foot curves 500 feet. approximately, the depth in the cent~r of the rapid transit around the island to points on the New Jersey shore, to increase channel being 18 to 19feetM. L. '"· In the northern half of the kill the navigable the facilities for reaching New Yo1·k, and to provide means for reaching coal depth is 13 feet, low stage, and in the south half 15 to 18 feet, low stage; the!

It is a comprehensive enterprise, which, if successfully carried out, will add the Speaker appointed Mr. MORRISON and Mr. ERMENTROUT to act as greatir to the commercial character of the island and the adjacent shores, and the bridges may be safely authorized to be built under the restrictions of the tellers. bill without any detriment to commerce, present or prospective. Before the count was completed, The papers are herewith returned. 1\lr. ERMENTROUT. 1\lr. Spea'ker, I believe that a quorum has G:L. GILLESPIE, Major of Enginters, Bvt. Lieut. Ool., U. 8. A. not yet voted,· but in consideration of an agreement to have a vote by I concur in these views. yeas and nays on the passage of this bill the point will not be made. Very respectfully, your obedient servant, The SPEAKER. On this question the ayes are 128 and the noes 8 · ·• H.G.WRIGHT, Chief of Engineers, B1·ig. and Bvt. Maj. Gen. so there is a second. Under the rule thirty minutes are allowed fo~ OFFICE OF THE CHmF OF ENGINEERS, UNITED STATES ARMY, debate, fifteen minutes on each side. - · Washington, D. 0., April 17,1884. Mr. ERMENTROUTaddressed the committee. . [See Appendix.] Hon. ROBERT T. LINCOLN, .Mr. MORRISON. I ask for the rea-ding of the report of the com­ &cretary of War: nnttee. SIR: I have the honor to acknowledge the reference to this office on ihe 11th instant of the letter of the Hon. \V. P. FRYE, of the Committee on Commerce or The 1·eport of the committee (by 1\fr. DIBBLE) was read, as follows: the United States Senate, inclosing S.1447, "To authorize the construction of The C?mmittee on Public Buildings and Grounds, to whom was referred certain bridges Mross the Staten Island Sound, known a,s Arthur Kill or Kill House bllll983, beg leave to report: , von Kull,and to establish the same as post-roads," and certain papers relating That Reading is one of the most flourishing business emporiums in the Union. thereto, and to state that it was referred to 1\I~. G. L. Gillespie, Corps or Engi­ The censu!' of 1880 S;hows U to beth~ fifth l.argest city in Pennsylvania. and the neers, who has returned it with the. report of which the following is a copy. fo~ty-first m the Umted States. ·Owrng to Its remarkable prosperity since then · Major Gillespie's views appear to be just and proper, ana are concurred in. 1t IS, at prese_nt, the fourth largest city in Pennsylvania.. . The official record UNITED STATES ENGINEER's OFFICE, New York, ..4.pril15,1884. sho:ws th~t smce ;;Tune 1, 1880, 2,833 permits have been issued for buildings of Respectfully returned to the Chief of Engineers, United States Army. yar10us km~, mamly for dwelling-houses to accommodate its rapidly increas­ The intent of the act, as I understand it, is to authorize at this time the con­ mg population, and also to considerable extent for manufactories struction of a railroad bridge over the navigable waters of Arthur Kill, the Sec­ '!:he population in 1870was 33,930, and in 1880 was 4.3,278. The inc;ea.se in popu­ retary of War having the reserved right, in the interest of commerce, to dictate latiOn has been unusual, for an Eastern city, since 1880, and the population is now the character and arrangement of the bridge in all its parts. set down at about 55,000. The petition submitted with Mr. Bonnett's paper has been carefully consid­ The valuation of property for taxation for city purposes in 1883 was $2.3 460- ered. '.rhe east bank of Arthur Kill, on the northern side of Staten Island, ex­ ~; in 1885, 528,6.38,837. Total receipts by the city government for the year 'end­ tending south to Fresh Kills, is a wide marsh land, with but little variation in mg De<:em~er ..31,188.3, were ~72,140.50; i~ 1885, were 8405,86.3.96. its elevation for a distance back from the shore line of over2 miles. If the lower Reading IS s1tuate on the nver Schuylkill,54 miles east of Hanisburg 56 miles chord of. the bridge proposed to be built near. Elizabeth port be placed at 135 feet nor~h or Philadelphia, .36 miles south of Pottsville in the heart or th~ richest above high water the approaches to the bridge would be over long and high ~gricultura.l section of the State, abounding also in ~ich deposits of iron ore and trestle-work, which would have so steep a grade as to make the railroad proba­ limestone. . bly unfitted for giving rapid tran-sit to the towns on the island and on the west ~he larg~ anthracite-coal fields of Penusylvaniaare imrqediately at her doors. bank, or for convenient connection with existing railroads. bemg WII}lln reach by both water and rail. Besides having canal navigation • The 135-foot contour of the island along the proposed railroad line on the north (~huylklll Canal Company) it is the radiating center of six important railroad shore does not extend westward of Factoryville. At the southwestern point of hnes, under the general control of the Philadelphia and Reading Railroad Com­ the ~land the ground is higher than on the north shore ; on the ridge above Tot­ pany, connecting the anthracile-coalregions with New York, Philadelphia, and tenville the 100-foot contour appears on a single rise, but this is an exception· the West, and the lumber regions. . all the rest of the ground in the vicinity is much lower. ' . The PennB!lvania Railroad Company, under the name of the Pennsylvania. The low character of the land a.dja.cent to Arthur Kill therefore compels with a~d Schuylldll Valle¥ Railro~d, has completed a line of railroad, almost parallel rapid transit in view the construction of low bridges; and that they ma'y not w1th that of the Philadelphta and R-eading, to the city of Reading and from obstruct navigation, draws must be provided, the exact width and arrangement the~ce to Hambt~, from which poi~t the ~oad will be :nushed to an ~acly com­ of which can be definitely stated only after a careful survey of the water course pletiOn~ I_>ottsvi.pe and the anthrac1tereg10nsofthe Schuylkill. It is expected has been made, including the determination of the strength aud directions of that the1r llnes Will, at a.n early period, be extended up the Lebanon Valley to the current. A clear width of not less than 200 feet in the channel way through with their main line to the West. ' the bridges provided for in tho act, is, with myfresent knowledge, dee'med sur­ . The machine-shops, car-shops, rolling-mills, &c., of the Philadelphia and Rea.d­ mg Company are located here; t.he pay-roll of this company alone being $150 000 fic~ent for the.r~quirement of t~e co~er'7 o Ar~w: ~ill and the project~d bndges may,1t IS thought, be bmltw1thout mterfermg IDJUr!ouslywith1 the flow mon~hly. 'l'he:-e are also locat~d here lar~e manufacturing establishments,'in­ of the tide, or without increasing the dangers to navigation due to ice which cluding foundr1es, forges, ma.chme and boiler works, anthra-cit~ furnaces cotton forms in the kill or is driven there by winds and currents. and woolen mills, hat factories, tanneries, pipe and sheet mills stove-works ,. The relation of the bridges to the tides, ice-floes, and other matters involving works, h.ardware-workf!, toba.~co fact?ries and .warehouses, 'grist-mills, paint,. the rights of commerce, will engage the attention of the examining officers des­ works, zrnc-works, plamng-mills, carriage factones, breweries,&c., giving steady ignated by the Secretary of War, after the bridge company shall hn.ve presented employment to thousands of operatives. drawings and specifications of the plans proposed. . It has six nation~ ~:mks, with !'ggrcgate capital stock of $1,300,000; My build­ The examination will include not only the bridges proper and the necessary ~ngand loan as;;omat10ns, whose mcome and loans, from the savings of the work­ width of draws, but their.sit~s and the sites and arrangements of the piers with mg classes mainly, reach at least $125,000 monthly. Two street railway com­ reference to the navigation of Arthur Kill in all its bearings. panies traverse the city, ft"Om east to west and from north to south The papers are herewith returned. Among its public buildings are large churches of every denomination two . G. L. GILLESPIE, large opera houses, 1\Irennerchoir hall, and six large market houses in a.s ~ny Major of Enginee1·s, Bvt. Lieut. Cot., U. 8. A·. sections of the city. It has also three parks. ' The total financial transactions of the Reading post-office for the year 1885 The letter of Hon. l\lr. FRYE is herewith returned. amounted to the sum of $247,063.35, of which the postal money-order business Very respectfully, your obedient servant, . amounted to nearly $10.3,000. The gross income of the post-office up to Decem­ .JOHN NEWTON, · ber .31, 1883, was $42,9.37.46, the net income $21,857.84; and notwithstanding the Chit!f of Nngineers, Brig. and Bvt. Maj. Gen. reduction in rate of postage the gross income for the year 1885amounted toW. 936.81, and the net income to $19,361.5.3. ' WAn. DEPARTMENT, Washington Oily, ..4.pl'il19, 1884. The receipts from internal ~evenue are about $300,000. There are two deputy Sm: Referring to your letter of the lOth instant, inclosing bill S. 1447, Forty­ ~Hectors and seven ~ug,ers m the .county of which Reading is the county seat. eighth Congress, th"st session, a bill "to authorize the construction or certain 1'he.sonr~s of ~admg s .Pr~spenty are ?fan enduring and permanent char­ bridges across the Staten Island Sound, known as Arthur Kill or Kill von Kull acter, msurmg for It a contmumg and rap1d growth. It is destined to become and to establish the same as post-roads," together with a petition from Mr. P: one of the great cities of the East in point of trade and population. Bonnett and other shore-owners, and also returning for consideration in con­ The Gover~ent now depends for its post-office accommodations and for the nection with the petition referred to a report, dated the 4th ultimo from the accommodatiOn of the United States revenue officers examining su'rgeons and Chief of Engineers, embodying a report on this !:>ill from Maj. G; L. 'Gillespie commissioner loca~ed th~re, upon r~ntal of ~uildings ~ever constructed fo~ any Corps of Engineers, I ha>e the honor to invite your attention to the inclosed re~ such purpose, and m wh1ch, from time to trme, alterations, repairs and exten­ port of AP,ril17, 1884, from the Chief of Engineers, embodying a supplemental re­ sions have been required to meet its growing wants, subject to the'risks of re­ port, dated the~5th instant, from Maj. G. L. Gillespie..!. Corps of Engineers, whose mov!'l. These quarters nrc. ins~cient for the public need, inconvenient fol: views as expressed therein are concurred in by the uhief of Engineers. offimals, and afford no secunty agamst robbery or fire. The inclosures to your letter are herewith returned. A bill authorizing the Secretary of the Trensury to select a. site for a. publlo Very r_espectfully, your obedient servant, bui~ding at Reading passed the House during the Forty-second Congress and ROBERT T. LINCOLN, a. b1U was re_ported favorably from the Committee on Public Building; and &cretary of War. Grounds durmg the Forty-seventh Congress, and also during the Forty-eighth Hon. WILLIAM P. FRYE, Congress. Chainnan of subca.mnviUec of Committee 011 Commerce, The. bill reported to the ~ort. y-eighth Congress became a Jaw, but the sum ap-' United Stales Senate. propru~oted, $80,000, was enttrely too small. The commission appointed by the Treasury Department failed to find a suitable sit~ at such a. pnce as would jus­ PUBLIC BUILDING, READING, P A. tify the commencement of the building, and so reported to the Department Upon inquiry made as to the price at which a. substantial building commensu: Mr. ERMENTROUT. 1\ir. Speaker,-! move to suspend the rules and rate with the business and future growth of Reading could be erected the De­ -discharge the Committee of the Whole House from the further consider­ partment sugg~~ that the limit fixed by the present bill, f250,000, wo'uld be a proper approprmt10n. ation of House bill1983 with the amendment raported from the Com­ Your committee are of the opinion that the amount heretofore fixed as limit mittee on Public Buildings and Grounds, and put the same upon its of cost for the erection of a public .building at Reading is too small, and they passage. therefore recommend that House bill1983 be amended by striking out the words "two hundred and fift.y thousand," in line 6, and inserting in lieu thereof the The SPEAKER. The bill will be read, after which the Chair w"m words "one hundred and eighty thousand," and that as thus amended the ask for objections. same do pass. The bill aa amended was read, as follows: Mr. SPRINGER and Ur. McMILLIN. Was there not an agreement Be it enac!ed, &c., That the amouut heretofore fixed as the limit of cost for the erection of a public building by the United States Government at Reading Pn. we should have the yeas and nays on this bill. be, and the same is hereby, increased to $180,000, and that sum is hereby fixed Mr. ERMENTROUT. Yes; that was the agreement, and I will call a'!J the limit or cost for the erection of said building. for the yeas and nays. SEc. 2. That the officers of the United States Government having charge of the erection of public buildings are authorized and required to be governed by The SPEA}tER. It was agreed if the call for a quorum was with· the limitation hereby prescribed in making contracts for the erection of said drawn the yeas and nays should be taken on the passage of the bilL building. :Mr. ERMENTROUT. Yes; that is so. Mr. MORRISON. . I demand a second. Mr. WEA. VER, of Iowa. But that does not bind the Hou~e. The question being on seconding the motion to suspend the rules, The House divided; · and there were-ayes 21, noes 69. 1886. CONGRESSION·AL RECORD-HOUSE. . 5389

So the yeas and nays were ordered, one :fifth of those present voting quested the return to that body of the bill (H. R.l815) granting a pen: therefor. sion to Ellen Corcoran. The question was taken; and it was decided in the affirmative-yeas And then (at 5 o'clock p. m.) the Hoose adjourned. 155, nays 34, not voting 134; as follow~ _:_ YEA8-155. Adams, J.J. Everhart, 1\Iahoney, Scranton, PETITIONS, ETC. Anderson, C.l\1. FarquhaT, Martin, Seney, The following petitions and papers were laid on the Clerk's desk,~ Anderson, J. A, Felton, McAdoo, Sessions, Baker, Ford, McKenna. Shaw, under the rule, and referred as follows: Barbour, Forney, McRnc, Smalls; By Mr. G. E. ADAMS: Petition of the Board of Trade of Chicago, Barnes, Gny, Miller, Snyder, lll.-to the Committee on the Judiciary. . Bayne, Gibson, C. H. .Mills, Sowden, Beach, Gibson, Eustace Mitchell, Spooner, ·• By Mr. ARNOT: Petition for the relief of Edward Sidney, to accom­ Belmont, Gilfillan, l\lorgnn, Springer, · :;.-~ . ., pany Honse bill5049-to the Committee on Invalid Pensions. Bennett, Grout, Morrill, Steele, ! ughcrty, Laird, Scott, also against"th~ p:;tssage of any law which would -abolish the Legisla~ Arnot, Dowdney, Landes, Singleton, tnre of IT tall and -create a legislative commission therefor-to the Coin- . Atkinson, Dunham, Lawler, SpriJrgS, Ballentine, F.-den, Lehlbach, Stahlnecker, mittee on the·T-erritories. Barksdale, Ellsberry, I~iiJbey, Stephenson, By Ur. COLLINS: Memorial of 208 citizens of Rhode Island, asking Barry, . E\ans, J.ittle, Stewart, Charles for an amendment to the Constitution-to the Committee on the Jil­ Brady, Findlay, Long, . Stewart, J. ,V. Btagg, Fisher, l.orc, Stone, E. F. . diciary. Breckinriuge,,VCP.Fleeger, Lowry, Stone, ,V. J., Mo. By Mr. CO~GER: Petition ofL<>cal Assetnbly, Knights of Labor, of · Browne, T.l\I.. Foran, . 1\Iarkham, Storm, Stuart, Iowa, .urging the passage of laws prohibiting aliens from own-, Brumm, Frederick, Maybu:ry, . Struble, Buchanan, Funston, 1\IcC:omas, Taylor, E. B. ing lands in the United States-to the same cominittee. -' Bunnell, Gallinger, 1\ICreary, Taylor, J. M. By Mr. CR4-'IN: Petition of citizens of Brownsville, Tex., favoring Burleigh, Glover, McKiJlley, Thomas, J. R. the passage of Honse bill1513-to the Committee on Ways a.nd l\Ieans. Burrows, Golf, l\Ierrin1an, Tucker, Butterworth, Green, R. S. Millard, VanSchaick, .Also; papers in.the case of Airs. Catharine Allen-to the Committee Caldwell, Grosvenor, Milliken', Viele, on War Claims. . ' Campbell, T. J. Hall, Moffat, 'Vakefield, By Mr. DAVIS: Petition of John S. Emery & Co. and others, in Cannon, Hanback, :l\luller, . 'Vn.Uace, · Carleton, lla1·mer, 1\Iurphy, 'Vard, J.H. favor of establishing telephonic communication between the life-saving Caswell, Hayden, Norwood, Ward, T.B. station on Cape.Cod, Massachusetm~to the Committee on Commeree. · Clardy, Henderson,D.B. O'FerralJ, ''Varner, A. J. By Mr. DINGLEY: Petition ofEllen S. Braden, Kinsman Atkinson, Clements, Jlenderson,J. S. O'Neill, Uharles Weaver, A. J. Cole, Hermann, Payne, 'Vhite, Milo and 59 others, citizens of Saco, ~e., a,sking for the better legal protec­ ColJins, Hewitt, Peters, Whiting, tion of young girls in the District of Columbia-to· the Committee ori CQope1·, . . Hitt, . Phelps, Wilkins, the Judiciary. · Crain, Holmes, Pidcock, Willis, \.!roxton, Howard, Pindar, 'Vilson, · .Also, petition of John H. Rollins, late a private·-in Company F, First Cl>rtin, Hudd, Pirce, Wise, District of Colnm bia Cavalry, for· correction of his riiilitary reconl-to Cutcheon, · Jackson, Richardson, )Volford. the Committee on Military Affairs. Davenport, Jones, J. T. Rogers, Davidson, R. H. M. Kelley, Rowell, By Air. ERMENTROUT: Petition of Emil Wagner. a.nd others, hos­ So (two-thirds voting in favor thereof) the bill was passed. pital stewards, asking for the passage of Senate bi11 '1119-to t.he same committee. • · ' Doring the roll-call,_on motion of Mr. SowDE~, by unanimous con- sent, the reading of the names was dispensed with. .Also, memorial of MacKellar, Smith & Jordan, of Philadelpl1ia, ask­ The following additional pairs were announced from the Clerk's desk: ing for the passage of Senate bill1813 and Honse bill 8323-to the Com-.... Mr. BALLENTINE with Mr. CARLETON, on .this vote. mittee on Patents. Mr. BRECKINRIDGE, of Kentucky, with Mr. McKIXLEY, on this vote. By Mr. EVERHART: Petition of the 1\Ioral Education Society of Mr. GREEN, of New Jersey, with Mr. BRUl\Il\I, for this day. Philadelphia, officially' signed, asking for better legal protection of Mr. STAHLNECKER with 1\Ir. BRADY, for the remainder of this day. young girls in the District of Columbia, &c.-to the Committee on the Mr. McADOO. My colleague, .Mr. GREEN, of New Jersey, if pres- Judiciary. · ent, would have voted in the affirmative on the bill (H. R. 7887) to re­ By Mr. FULLER: Petition of J. D. Dooley and 57 others, citiz.ens peal_all laws providing for the pre-emption of the public lands, the laws of Fayette County, Iowa, asking for the passage of Senate bill 1886,'for the relief of soldiers of the late war-to the Committee on Invalid Pen­ allowing entries for timber-culture, the laws authorizing ~he sale of desert lands, and for other purposes. sions. The vote was then announced as above recorded. · By Mr. FUNSTON: Petition of William Mackey, to be restored to the pension-roll-to the same committee. RETURN OF A BILL. By 1\Ir. GIFFORD: Petition of Ellen Page, for special-ad pension-­ A message from the Senate, by Mr. SYMPSON, one of its Clerks, re- to the same committee. 5390 CONGRESS!ON AL REOORD-HOUSE .. JUNE '7,

By Mr. GROUT: Affidavit :of 4-bram G. Bliss, in support of House Dy Mr. PAYNE: Petition of Godfrey Weitzel Post, No. 467, G.rand bill granting an increase of pension to James C. Doggett-to the same Army of the Republic, of 'Yestbury, N. Y., for general pension legis­ committee. lation-to the same committee. Also, testimony in support of Honse bill. granting a pension to Alex­ By 111r. PEEL: Petition of J. P. Roberson, of Perryville, Ala., for ander R.. Goodwin-to the same committee. payment of supplies and stores taken by the U:nited States troops dur­ By Mr. HALSELL: Petition of R. K. Dick, for n. pension-to the ing the late war-to the Committee on War Claims. same -committee. By l'Ylr. PERKINS: Resolutions of Lincoln Camp, No. 60, Division Also, petition of William M.· Smith and others, for equalization of of Kansas, of Sons of Veterans, asking for the passage of Senate bill bounties, &c.-to the same committee. 18R6-to the Committee on Invalid Pensions. By 11Ir. HAMMOND: Petition of Peter Lynch, of Fulton County; of By :M.r. PETERS: Petition of Robert W. 1\fillard, of George W. Elizabeth Walker, of Asa llro!:.-well, and of Zad.ock C. Baker, of De Dixon, of William H. Litter, of Benajah Coffield, of George Fichfield, Kalb County; of H. S. Campbell, of Allen J. Veal, of William God­ of James A. Underwood, of George F. 1\:I:cCleiand, of Robert H. McEl­

dard, and James E. EJ,am, of De Kalb County; of Thomas Dye1 John wain, of John L. Dickson, of James A. Underwood, of William J. M. Nace, and John Fickem, of Atlanta; .and of Mattie A. D. Vaughan, :Millard, and of James J. Godftey, for relief-to the Committee on the widow of M. B. D. Vaughan, of Jonesborough, Ga., asking that their Public Lands. war claims be referred to the Court of Claims-to the Committee on Also, petition of citizens ofHarper County, Kansas, _protesting against War Claims. · entries and patents to public lands-to the same committee. By Mr. D. B. HENDERSON: Papers and letters in relation to claim Also, petition of W. H. Gilliam for heirs of J runes H. Egner, deceased, for pension of Luke Hall, .dependent father of Amos E. Hall, de­ of Barber County, Kansas, asking that his war claim be referred·to the ceased-to the Committee on Invalid Pensions. Court of Claims-to the Committee on War Claims. By Mr. HEPBURN: Petition of Hannah B. Ritchie, ~king for a Also, petition of Ron. :T. C. Strong and 80 others, citizens of Pawnee pension-to the same-committee. · County, Kansas, praying for the passage of the Logan bill-to the Com­ By 11Ir. HILL: Petition of members of the Grand Army of theRe­ mittee on Invalid Pensions. ·

p~blie of Bee Height, Dak., praying for the division of said Territory Also1 petition of Jesse G. Hamilton, for an inv::tlid pension-to the on the seventh standard parallel-to the Committee on Territories. same committee. By Mr. HOLMAN: Petition and papers of John Colter, for repay­ Also, petition of Commissioner of General Land Office, in relation ment of money ~xpended by him in raising volunteers for the Union to survey asked by House resolution-to the Committee on the Public Army in the late war-to the Committee on War Claims. Lands. By Mr. HOUK: Petition of N. H. Blair, executor, of Sevier County, By Mr. PETTIBOJ.: E: Testimony in the matter of Alfred F. Brown, and of S. S. McCuistion, of Jefferson County, Tennessee, asking that of Washington County, Tennessee-to the Committee on War Claims. their war claims be referred to the Court ef Claims-to the same com- By Jtlr. PTh~AR: Petition of C. W. Hamlin and 15 others, soldiers mittee. . of the late war, asking the passage of Senate bill1886-to the Commit- Also, petition of William L. Vance, surviving partner of Lopp & tee on Invalid Pensions. - Vance-to the same committee. By Mr. RIGGS: Petition of E. 0. Stanard and others, of Saint Louis, Also, two petitions of hospital .stewards, relative to increase of pay­ praying for the improvement of Hamburg Bay, Calhoun County, Illi­ to the Committee on Military A;ffairs. - nois-to the Committee on Rivers and Harbors. By Mr. J. T. JOHNSTON: Petition of 1\fenick Y. Buck n;nd of Also, resolutions of McLane Post, No. 97, Grand Army of theRe­ James Bannon, asking for the passage of bills granting them pen­ public, of Beardstown, lll., in favor of Senate bill No. 1886-to the sions-to the Committee on Jnvalid J>ensions. Committee on Invalid Pensions. .Also, ·petition and evidence of Leletta Lawrence, asking that the By Mr. ROWELL: Petition -of Uary K. Lewis., administratrix of same accompany bill-to the same committee. Joseph C. Lewis, deceased, of the District of Columbia-to the Com­ By ~Ir. KLEINER: Papers to accomptuly bill for the relief of Joshua mittee on War Claims. Wallace-to the same committee. · By :Mr. SPRINGER: Petition of Edward P. Bartlett, M. D., and By Mr. LAFFOON: Petition of Jesse A. Radcliff and many others, others; and of John Howell and others, in favor of Senate bill347, for citizens of Christian County, Kentucky, asking for the passage of Sen­ the 1·elief of ex-Union soldiers-to the Committee on Invalid Pensions. ate billl886-to the same committee. Also, 1·esolutions ef the board of directors of the Board of Trade of By11Ir. LOVERING: Memorial of citizens of Massachusetts, asking Chicago, in favor of amending section 5~58 Revised Statutes-to the that the navy-yard at Boston be put upon a footing to do such work as Committee on the Judiciary. may be required on the repair, fitting out, and construction of w ~cls By Mr. STEELE: Petition of the Grand Army of the Republic ask­ of war as shall substantially add to our Navy for the protection of com­ ing favorable action on the bill for the 1·elief of Capt. Alexander Mc­ merce and the country-to the Committee on Naval Affairs. Creary-to the Committee on Military Affairs. By Mr. LYUAN: Petition of James M. Ga:trison, for removal of the By 111r. STRAIT: Statement of the collector of customs of Saint Paul, charge of desertion-to the Committee on Invalid Pensions. Minn., showing the dutiable value of and amount of duty collected at By Mr. McCREARY:. Petition of John M. Peters and others, asking the port of Saint Paul for the fiscal years 1885 and 1886; also the for the passage of the general pension bill-to the same committee. expense of collecting the same, and the value of free goods-to the Com­ By Mr. MATSON: Petition of Richard A. Fulk and 58 others, citi­ mittee on Ways and Means. zens of :Uonroe County, Indiana, for a pension by special act to Evan By Mr. SWOPE: PetitionofGeorgeHess, for pay for sixteen months' L. Sullivan, late of Company G, One hundred and forty-ninth Indiana service as private in Company F, Oue hundl·ed and thirtieth Regiment Volunteers-to the same committee. Pennsylvania Volunteers-to the Committee on War Claims. By Mr. MILLER: Petition of WilliamS. Bunch, of Caldwell County, By 111r. E. B. TAYLOR: Resolutions of Hall Post, No. 426; ofHall Texas, asking that his war claim be referred. to the Court of Claims-to Relief Corps, No. 104, of Farmington; of John B. Richards and others, the Committee on War Claims. and of W. H. Joh.ruio.n and others, of Mentor, Ohio, in favor of Senate By Mr. MILLIKEN: Petition of George Henderson, !01· n. pension­ bill 1886-to the Committee on Invalid Pensions. to the Committee on Invalid Pensions. By Mr. THOMAS, of illinois: Resolutions of the board of direct.ors Also, petition of Josiah Woodwell, to remove mark of desertion of of the Chicago Board of Trade, asking the amendment of section 5258 Hiram F. Woodwell-to the Committee on Military Affairs. · of the Revised Statutes-to the Committee on the .'Tudiciary. By Mr; MITCHELL: Remonstrance of eitizens of 11iiddleton, Conn., By Mr. TOWNSHEND: Petition· of citizens of Jefferson County, against the removal of the custom-house from Middleton to Hartford, illinois, praying for the erection of a public building at Mount V em on, Conn.-to the Committee on Ways and Means. Dl., for the use of the Federal court, internal-revenue office, and post­ By lli. MORROW: Memorial from citizens of the United St.'Ltes and dffice-to the Committee on Public Buildings and Grounds. residents of the Territory of Uta1:1, praying for legislation to promote By 1\Ir. A. J. WARNER: Petition of H. J. Young and 5~ others, settlement of the Territories of the United States and to protect the citizens of Noble County, Ohio, for the pas age of Senate bill1886- .rights of homestead and pre-emption claimants-to the Committee on to the Committee on Invalid Pensions. · the Public Lands. By Mr. WHEELER: Petition of Thomas J .. Mitchell and of Albert By Mr. NELSON: Uemorial of the Duluth Board ofTrade, relati>e Dolberry, asking that their war claims be referred to the Court of to and in opposition to the consolidation of the Duluth customs dis­ Claims-to the Committee on War Claims. trict with the :Minneapolis district, and making Saint Paul the ole Als~, petition of Minter P. Key, inventor of an improved fort, port of entry-to the Committee on Ways and MeanS". praying for a bill to be passed making an appropriation to build one By Mr. O'HARA: Petition ofthe Teachers' Association ofNortbamp­ at Sandy Hook, New .Jersey-to the Committee on Military Affairs. ton County, North Caroli.IJ.a., asking· for the passage of an educational By Mr. WILLIS: Petition of Ganz Sebastian, for n. pens~on-to the bill-to the Committee on Education. Committee on Invalid Pensions. By 1\fr. OSBORNE: Petition of A. Sidney Lyman, A. Y. Olmstead, Also, papers-to be filed with bill for the relief of James L. Kelley­ and 92 others, citizens of Coudersport, Pa., asking for the passage of to the same committee. Senate bill1886, for the relief of soldiers ~f the late waT-to the Com­ Also, papers to be filed with bill for relief of M:nry Buckley, mothet mittee on Invalid Pensions. of Martin Sullivan-to the same committee.