1886. CONGRESSIONAL REOORD~HOUSE. 7153

Mr. EDMUNDS. Not in the least. HOUSE OF REPRESENTATIVES. Mr. MILLER. Af~r the explanation of the Senator from Vermont I do not ask for any agreement, because I shall move to take up the MONDAY, July 19, 1886. bill the first thing in the morning, and I shall not yield to anything The Honse met at 11 o'clock a. m. Prayer by Rev. Dr. BuLLOCK. else until it is finished. The Clerk proceeded to read the Journal of the proceedings of Sat- Mr. CAMERON. I renew my motion. urday last; when · · The P&E<::;IDENT pro tempcire. The Senator from Pennsylvania Mr. PAYSO~ said: Mr. Speaker, the entries in the Journal with moves that the Senate adjourn. reference to reports from committees are leng~hy, and I therefore move Mr. ALLISON. I hope that we shall have some understanding as to that the reading of that part of the Journal be dispensed with. the hour when the vote shall be taken on the bilL There being no objection, it was ordered accordingly. The PRESIDENT pro tempore. Does the Senator from Pennsylvania The remainder of the Journal was read and approved. yield? . . Mr. LOGAN. I should like the Senator to yield for just onemo­ LEAVE TO PRINT. ment. Mr. MORROW, by unanimous consent, obtained leave to extend in The PRESIDENT pro tempQTe. DoestheSenatorfrom Pennsylvania the RECORD his remarks on the fortifications appropriation bill. yield? Mr. CAMERON. For a moment. WITHDRAWAL OF A BIJ.L. Mr. LOGAN. I desire to say but one word. I do not very often By unanimous consent leave was granted to the Committee on Pub­ ask courtesies of the Senate, but I am going away, and before I leave I lic Buildings and Grounds to withdraw the bill (S. 1404) to authorize should like to have the question of privilege dispoSed of. It will cer· the acquisition of certain parcels of real estate embraced in square No .. tainly come up soon, and I prefer to have it come up before I leave. 406 of the city of Washington, for the enlargement of _the Post-Office The Senator from Vermont objects to everything, but of course his ob­ Department building, and to provide accommodations for the city .post- jection is not made with a view of preventing the question of privilege office. · · - from coming up. However, when a bill has been discussed as long as LEAVE OF ABSELVCE. this ha.s been, it does seem to me as if an agreement might be made by By unanimous consent leave of absence was granted as follows: · the Senate that we would vote on it at 2 o'clock or 3 o'clock or some To :M:r. BLAND, indefinitely, on· account of sickness in his family. time to-morrow. To Mr. WINANS, after to-morl'Ow, for the remainder of the session, Mr. EDMUNDS. I agree to that, if I can have five minutes. on account of important business. Mr. LOGAN. Five minutes! You can have forty minutes. No­ body objects to your speaking, and if he did it would not make any COPY OF ENGROSSED BILL. . difference; you would speak anyhow; and so it is all right. The SPEAKER. The engrossed copy of Senate billl 04.2, to pay B. Mr. ALLISON and Mr. VOORHEES. Ask for 3 o'clock. S. James fo1· transporting the mails, was referred to the Committee on Mr. LOGAN. I think an agreement might be reached and that Claims, but has.been mislaid. If there be no objection the Chair will everybody might be at least satisfied. I do not think there are very direct an order to be made requesting the Senate to_furnish the House many Senators who want to discuss the question any further. another engrossed copy of said bill. The PRESIDENT pro tempQTe. The Senator from illinois asks the There was no obje.ction, and it was so ordered. unanim9us consent of the Senate that at 2 o'clock or 3 o'clock-- FORTIFICATIONS APPROPRIATION BILL. Mr. LOGAN. Three o'clock. . ' Mr. FORNEY. I desire to call up the bill tH. R. 9798) making ap­ Mr ~ EVARTS. If the Senator will allo·w me, I have a word to say o.n this subject. If the bill can be taken up after the morning work, propriations for fortifications and other works of defense, in order that as early as a quarter past 11 or half past 11 to-morrow, I will agree we may pass it to·day so as to send it over to the Senate. . that the only space of time that I shall occupy will enable me to finish The SPEAKER. The gentleman from Alabama calls up the fortifi .. my remarks, and the vote could be taken, if there were not other spea.k­ cations appropriation bill. The question on Saturday when this bill e:rs, very soon after 12. If I can begin at a quarter past 11 I shall be was last before the House was upon ordering the previous question through before 12. The Senator from Vermont has claimed a very brief upon an amendment submitted by the gentleman from Pennsylvania. period for his address to the Senate. · I am not advised that on this side [Mr. RANDALL] and upon the engrossment and third reading of tho of the Chamber other speakers are expecting to take part. bill. Mr. CULLOM. There may be two or three others. Mr. HISCOCK. At that time we were dividing on the demand for Mr. EVARTS. There may be. I bad learned that as my colleague the previous question, I having made the question of no quorum. I did not desire to close the debate, I was proposing to close it on our side, will withdraw my demand for a quorum, and hope the gentleman will and I had inquired to find out if there were others going to speak. yield to me five or ten minutes for discussion. Mr. McMILLAN. Then let us come to an agreement to vote at 3 :Ur. FORNEY. Certainly. ~ook . The SPEAKER. That arrangement, then, is agreed to. Mr. EVARTS. If it is true that there are other speakers, I can not Mr. ~AND ALL. The gentleman from Alabama has yielded the time say so distinctly as to the time that will be occupied. to the gentleman from New York, but before he proceeds I want to ask . Mr. MILLER. Having the bill in charge, I know of no one o_p this consent to modify the second section o{ the bill by inserting after the mde of the Chamber who expects to speak except my colleague. I in­ word '' implements,'' in the fourth line, that part of the section stricken quired on the other side and was told, of course not positively, but that out on the point of order relating to the use of materials of American the general understanding was the speeches had been finished. I sup­ production. What I ask is to insert what the committee originally pose that other speeches, such as the Senator from Vermont proposes to had in at the place I have indicated. In other words, to make it dis· make in reply to two Senators, will be very short. I desired to have 'tinct, I ask consent that after the word "implements" these words be my colleague close the debate on this side, if it were convenient to all added: ''the materials for which shall be of American production; " so the Senate. There might be speeches I know nothing about, but if we that this section will read, if amended as I suggest- take two or three hours of time I ha"\'"e no doubt we shall give every SEc. 2. For the _armament of seacoast fortifications, including the procure­ meJ?-t of steel torgmgs forth~ manufacture of hea~ guns; for guns, carriages, one an opportunity to be heard who desires. I do not want to shut off projectlles, fuses, powder, Implements, the ma.tena.ls fot• which shall be ot any one. I ask that 3 o'clock be fi xed as the time to take the vote to­ American production; and their trial and proof; and all necessary expenses morrow. inc~dent thereto, $500,000, to be available until expended. Mr. BROWN. I wish to say that I expect to occupy about ten - :Mr. HISCOCR. Let me suggest to the gentleman also that in the minutes. words- Mr. CULLOM. If we vote at •3 o'clock it will give every one an Unless in the unanimous opinion of the board the interest of the G overnment opportunity to speak who wishes to do so. will be better subserved by making purchases elsewhere- The PRESIDENT pro tempore. The Chair will submit the request The word "board" should be stricken out and "Department" in~ to the Senate. The Senator from New York asks the unanimous con­ serted. sent of the Senate that at 3 o'clock to-morrow the vote upon the pend­ Mr. RANDALL. I am not willing to have those words in. ing bill shall be taken. Is there objection? Mr. HISCOCK. But having stricken out the provision in t·eference Mr. EDMUNDS. I do not object if it is subject ·to my fi ve min- to the board yon will want to leave it to the Department to determine. utes. Mr. RANDALL. No; I want it just as I have stated the amend­ The PRESIDENT pro te-mpore. Is there objection? ment. Mr. CALL. I object. Mr. HISCOCK. I only call attention to the matter; I desire to make Mr. CAMERON. I renew my motion. no point upon it. The PRESIDENT pro tempore. Objection being made, the Senator The SPEAKER. If there be no objection this amendment will be from Pennsylvania moves that the Senate adjourn. considered as agreed to. The motion was agreed to; and (at 6 o'clock and 10 minutes p. m.) There was no objection. the Senate adjourned until to-morrow, Tuesday, July 20, 1886, at 11 Mr. HISCOCK. The point of order was made upon the provision o'clock a. m. of the second section, which provides for the creation of a board that XVII-448 7.154 CONGRESSIONAL RECORD-:HOUSE. JULY 19,

shall have the expenditure of the money for fortifications and their 1\Ir. RANDALL. They aTe officers of an institution organized by the armament, and it was ruled out.in committee. United States. When we went back into the Honse the gentleman from Pennsyl­ Mr. HISCOCK. When before did Congress ever attempt to take the vania proposed to amend the bill by reducing the appropriation from expenditure of money for the fortifications of our coast away from the $500,000 to $100,000, and I raised thequestionofno quorum, pending President and the War Department? a division upon which question the Honse adjourned. I wanted an op­ , M:r. RANDALL. I have stated the reasons we had for the proposi­ portunity to call theattentionoftheHonsetothisfact, thattheprovision tion in ~he bi11. oftheConstitntioninreference to the appointing power of the:President Mr. REAGAN. If the purpose was to take from the War Depart­ is in the following language: ment and the President the power to control the expenditures on the He shall have po,ver, by and with the advice and consent of the Senate, to fortifications of the country, perhaps the gentleman from New York make treaties, provided two-thirds of the Senators present concur; and he shall is right in his position. But this seems to have been merely proposed nominate, and by and with the advice and consent of the Senate, shall appoint as. an auxiliary to aid the President and the Secretary of 'Varin the ambassadors, other public ministers and consuls, judges of th$} Supreme Court, and aLl other ojficers of the United States, whose appointments are not herein other­ performance of the work. . wise provided for, and which shaU be established by law; but tlte Ccngreumay by law Mr. HISCOCK. I beg the gentleman'~ pardon. It was an absolute vest the appointment of such infe'l'ior officers, as they think proper, in the President condition imposed upon and affixed to -au appropriation for fortifica­ alone, in the courts of law, or in the heads of Departments. · tions. Here, sir, was a provision reported by the Committee on .Appropria­ 1\fr. RANDALL. At the solicitation of the gentleman from Ala­ tions of this Honse which proposed to create a board to take charge of bama I withdraw the amendment to reduce the amount from 500,000 the whole system of fortifications and expend the money; and that to $100,000. board under the provisions of this act would be appointed not by the Mr. FORNEY.. I demand the previous question on the bill and President, under the Constitution but would be created in part by the amendments. Speaker of the Honse and in part by the President of the Senate. The previous qnt'..'!ltion was ordered. The point I desired to make is that a provision of this kind "is pTob­ The following amendment reported by the Committee of the Whole ably unconstitutional, as an encroachment upon the powers of the Ex­ House on the state of the Union was read: ecutive and is without precedent in the history of our country. I de­ Amend section 2 by inserting after the word " proof," in line 4, the words sired t-o call the attention of the Honse, especially of the other side, to "and the testing of improvem.ents of the same." the fact that this provision was reported here coming from a committee The amendment was agreed to. in sympathy with the present Executive. There maybe some legisl.a.­ Mr. BURROWS. I would be glad to hear the amendment of the tion somewhere in the past in which Congress has been allowed to cre­ gentleman from Pennsylvania read in its connection. ate a commission, appointing it also, to examine into some matter or to The SPEAKER. The amendment proposed by the gentleman from expend some paJ.trysum ofmoney, wheretheacthas been approved by Pennsylvania [Mr. Rll-nALL] on Saturday has been withdrawn, and the President; but I appeal to yon, M:r. Speaker, if in your experience this morning by unanimous consent words have been inserted which ever before it was attempted to take the expenditure of the money for require the material to be of American production. the fortifications, to take the charge of a great, vast system of work, from M:r. RANDALL. That was in the bill, but went out on the point the President, through the War Department, and give it to a commission of order. to be created by the legislative branch oftheQQvernment? I willap­ The SPEAKER. The Clerk will report the amendment. ,peal to my friend from Texas, .Judge REAGAN, if in his experience he The Clerk read as follows: ha.s ever seen the like? And, Mr. Speaker, when the gentleman from After tbe word" impl~ents," in line 4of section 2, insert "and the materiAls Pennsylvania, after we had gone back into the House, made his motion shall be all of American production." to reduce this $500,000 to $100,000, as I underst-ood him to make the motion because the gentleman from Connecticut had made a point of The SPEAKER. The Chair suggests that it read ''the materials for order against this proposed lE-gislation, and because be had not suc­ which," &c. ceeded in having the expenditure of this money and th13 control of the There was no objection. work in part taken from -the present administration, when he madehis The bill as amended was ordered to be engrossed and read a third motion to reduce the amount carried by the bill a.s I then supposed for time; and being engrossed, it was accordingly read the third time; that purpose, I desired to emphasize his position before the country and 1\Ir. FORNEY. I demand the previous question on the passage of before this Honse. the bill. Mr. RANDALL rose. The previous question was ordered; anq under the operation thereof Mr. HISCOCK. I do not want to do the gentlem.n.n injustice. I un­ the bill was passed. derstand his object. Mr. FORNEY moved io reconsider the vote by which the bill was Mr. RANDALL. I will state what was my object. It was not that passed; ·and also moved that the motion to reconsider be laid on the I might have my way, but that the Honse might have its way by a vote t.."tble. on that proposition, which the point of order made by the gentleman Tl1e latter motion was agreed to. from Connecticut [Mr. BucK] prevented. CIVIL SERVICE COMMISSION REPORT. Mr. IDSCOCK. I understand the gentleman from Pennsylvania is entirely willing the bill should remain at $500,000 provided the material :Mr: DINGLEY. I rL~ to a question of order. On Saturday even­ is to be purchased ~the United States; but he proposes to reduce it to ing the Honse had under consideration a l'esolution providing for the $100,000 if the provision for the purchase is stricken out of the bill. printing of the third annual report of the Civil Service Commission, But I sympathize with that purpose. .At the time I understood it to be a and the previous question was ordered on it. threat to the Honse that you shall nothavethisappropriationof 500,- The SPEAKER. The gentleman from Maine asks that the House 000 unless you allow us to take the expenditure of the money from the proceed to the consideration of the resolution he has indicated, on which administration-which of course we have no great feeling about-un­ the previous question was ordered on Saturday .eTening. The Clerk less we would allow the creation of a board, which we seriously think will report the concurrent resolution. unconstitutional To that I for one have decided objection. If we have The Clerk read as follows: the power to take from the President and the War Department the wm:k lN THE Sl>:vATE OF THE UNITED STATES, July 6, 1886. and to create a commission to take charge of it, of which one member Resolved by the Senate (the Hou3e of Representati-r;es concurring), "'!'bat the third an­ is to be appointed by-yourself, Mr. Speaker, and one member by the nual report of the United States Civil Service Commission be printed, and that 26,000 additional ()Opies be printed; of which2,000 shall be for the use of the Sen­ President of the Senate, we have the power to provide that every mem­ ate, 4,000 for the use of the House, and 20,000 copies for distribution by the com­ ber of that commission shall be appointed by you. The result would mission: Provided, That appendices 8 and 9 of the report as published by the be an encroachment upon the power and prerogative of the Executive; House of Representatives, Executive Document No.140, Forty-ninth Congre , and we are all interested in seeing that the lines between the powers of first session, be omitted by the Public Printer in printing this edition. the executive and the legislative branches of the Government are main­ Mr. RANDALL. 1\Iy recollection is that the previous question was tained and strictly observed. not ordered. . Mr. RANDALL. I have only one word to say. The Honse and the The SPEAKER. The Chair is advised that it was. The RECORD Senate every year indicate by a joint resolution the managers of the shows the previous question was ordered and that afterward the resolu­ Soldiers' Home. Now, if the gentleman from New York expresses his tion was passed over. opinion as a lawyer that this board is unconstitutional, that is one mat­ Mr. RANDALL. The resolution was with_drawn, if I Tecollect ter. aright. What does the Journal show? Mr. HISCOCK. I do. Mr. DINGLEY. The previous question was ordered, and then the 1\Ir. RANDALL. But why not let the House pass upon that ques­ consideration of the resolution was passed o\er by unanimous consent. tion whether it is constitutional or not, and not prevent it by a point Mr. DOCKERY. That is a correct statement of the case. The pre­ made by a single member in the manner in which it was done? The vious question was ordered, but the Chair understood that the request board is a mere auxiliary to the Department. to lay the resolution aside disposed of it, and that was the understand­ Mr. BBEC.KINRIDGE, of Arkansas. Are the managers of the Sol­ ing of the Honse. diers' Home officers of the United States? The SPEA.KER. The record shows that the previous question was 1886. CONGRESSIONAL . RECORD---HOUSE. 7155

ordered, and that after that by unanimous consent the resolution was [26,000 additional copies be printed; of which 2,QOI? shall be fo~ th~ use of the Sen- ' ' ate, 4.,000 for the use of the House, and 20,000 copies for distributiOn by the com- passed over. mission: Pro1;ided, That appendices 8 and 9 of the report as published by the Mr. DINGLEY. Passed over for the present. . House of Represent.atives,Executive Document No.140, Forty-ninth Congress, Mr. FARQUHAR. That is the fact. first session, be omitted by the Public Printer in printing this edition. Mr. SPRINGER. After the previous question was ordered theques- Ur. REID, of North Carolina. I call for the reading of the report. tion came up on the passage of the resolution and a quorum was de- The SPEAKER. Debate is not in order, and the reading of there- manded, and that would have broken upthesession. Therefore, when port is in the. nature of debate. The Honse does not >ote on there­ the point that no quorum had voted was insisted upon, the gentleman port, but simply on the resolution. from Mississippi [Mr. BARKSDALE] in charge of the resolution asked The question being taken on agreeing to the resolution, there were- to have it passed over in order to take up another matter. That was ayes 111, noes 28. agreed to. .A13 to the effect of that order, it may not have been clearly Mr. BENNETT. No quorum. understood by the House at the time, and the parliamentary effect of Mr. DINGLEy. I call for the yeas and nays. it is of course to be now decided by the Speaker. It was understood, The yeas and nays were ordere~, 58 voting in favor thereof. however, by most of the members present, especially by those who ob- The question was taken; a1;1.d i-t was decided in the affirmative-yeas jected to the resolution, that it was withdrawn from the consideration 187, nays _46, not voting 89; as follows: ofthe House. YEAS-lS7 Mr. DINGLEY. It was simply understood and stated that it was Adams, G. E . Ford, Lore: Singleton, passed over for the present. That is the language as reported in the Allen, c. H. Frederick, Louttit, SmaUs, RECORD. Allen, J.l\1. Fuller, Lo>eriog, Spooner, Spring-er, Mr. REID, of North Carolina. Theunderstandingofthecommittee ~!~~r~on, · ~~ton, ~~~;~·. Stahlnecker, was that the reSolution was withdrawn; and this morning I was directed Barksdale, Geddes, Markham, Stewart. J. ,V. by the chairmantorequestour associate, the gentleman from NewYork Bayne, Glass, Martin, Ston-e, E. F. Stone,"'· J., Ky. [Mr. F.ABQUHAR], to introduce it at the proper time when there was a ~~!~~d, g~~er, M~~::_~a, Stone, W. J., Mo. full House. The committee understood that it was withdrawn. Blount, Green,R. s. McCreary, Strait, Mr. DOCKERY. Mr. Speaker, there can be no question as to the Bound, Grosvenor, McKinley · Struble, Swinburne, understanding of the Honse. The House did not understand that the ~~:~Jdnridge,C.R. ji~f:,ther, ~~~f!!~z't. Symes, previous question was ordered upon this resolution with the expectation Breckinridge,WCP.Hall, 1'\Iillard, 'l'arsney, that it wonld come up again to-day. They understood that the effect Browne,T.M. Harmer, ~~j, 'l'aulbee. 'l'aylor, L H. of the order was the withdrawal of the resolution. ~~~~: %-~w. ~~~~n, Moffat, Taylor, Zacb. :n1r. DINGLEY. That was not the understanding ·of many of the Buck, Haynes, Morgan, 'l'homas,O. B. gentlemen present. If they had so understood it they would have ob- Bunnell; Henderson, D. B. Morrill, Thompson. '!'own h€'nd, J. ected. As appears from the RECORD the request was for unanimous Burrows,Burleigh, Hepburn,Henderson, T. J. =orrow,*orrison, Tucker, consent that the resolution should be passed over "for the present," Bynum, Herbert, Murphy, Turner. and that was agreed to. If the request had been for unanimous con- Campbell,J.M. Hiestand, Neal, Van Eaton, Viele, ' sent for the withdrawal of the resolution, certainly objection would g:~~·: ~~s, ~::~Y. Wade, hn.ve been made. Catchings, Hiscock, O'Neill, Charles "·nkefield, Mr. JOHNSTON, of Indiana. :Mr. Speaker, I made objection to the Clardy, Hitt, Osborne, ·wallacP, 'Vard, J. H. laying aside of the resolution and afterwaxd. withdrew my objection, g~~~~r. ~~~~.· ~:~;~~·. 'Vat·d, T. B. with the understanding that the resolution was to be passed over-not Cowles, Hopkins, Peel, 'Yarner, A. J. that it was to be withdrawn, but that it was to be passed over for the Cox, Hudd, Perkins, V{amer, 'Yilliam 'Veaver, A . J. present, the previous question having been ordered upon it. I should g~[~~on, ~~~~n, ~:~· We:we1·, J . B. not have withdrawn my objection had I understood that the resolution Dargan, Jackson, Plumb, Weber, was to be withdrawn, and the withdrawal of my objection was based Davidson, R. H. M. James, Price, "\Velloorn , 'Vest, upon the understanding that the resolution was merely passed over for ~!~l:y, ~~~t:~lj·~· - ~::~:B. i\'heelcr, the time. Dockery, Jones,J.H. Reid,J. W. Whit.c, A. C. 1\Ir. REID, of North Carolina. If the gentleman will permit me, I Dunham, Jones,J.T. Rice, White,l\tilo Wilkin, will state that it was not the understanding of the committee that the ~~,' . ~:~~m, ~e'is~u, Willis, resolution was totally withdrawn from the consideration of the House, Ely, · La Follette, RDweU. "\\'ilsou, bnt that it was to be caJled up when there was a full Honse. Everhart., Laird, Ryan, Winans. Wolford , 1\fr. JOHNSTON, of Indiana. I understood that it was to be simply ~~:L_~~~r, t:\.-~~~e, t~.er, Woodburn, passed over. Fi1iller, Lindsley, Scranton, "\Yorthington. 1\Ir. REID, of North Carolina. It is a privileged resolution,.which Fleeger, Long, Seymour, can be called up at any tilne, and it was the intention ofthe chairman NAYS-46. when he withdrew .it to call it up again at the proper time. Ballentine, Davidson, A. c. Laffoon, Sayers, Mr. SPRINGER. He has a right to call it up now. Barry, Dougherty, Lanham, Seney, Shaw, The SPEAKER. The RECORD shows the following proceedings on :~;;~· :!~~~e, ~~ts~~: Skin net· the subject: Cabell, Halsell, McRae, Snyder,' Carleton, Harris, l\1ills, Stewart., CharleS Mr. BARKSDALE. I ask that this resolution be laid aside for the present. Clements, Henderson, J. S. Oates, Swope, Mr. JoHNsTO:i, of Indiana. I object. Compton, Henley, o~Ferrall, Taylor,J.JU. Mr. BENNETT. How long does the gentleman propose to lay it aside? Comstock, Howard, O'Neill, J. J. Trigg, The SPEAKER p~·o tempore. Does the gentleman from Indiana insist on his ob- Crisp, Johnston, T. D. Randall, Wise. jection? Ct·oxton, King, Richardson, 1\Ir. JoHNSTON, oflndiana. I have objected. Culberson, Kleiner, Sadler, The SPEAKER pro tempore: Does the gentleman insist on his Dbjection? Mr. JoHNSTON, of Indiana-. Is the gentleman from North Carolina going to in- NOT VO'l'ING-39. sist upon a. quorum? · Adams, J. J. Caoper, Hermann, Ranney, 1\Ir. BE~"NETT. Does the gentleman address his question to me? Aiken, Crain, Hewitt, Reese, .1\Ir. JOHNST<>N, of India~. Yes. Anderson, C.l\I. Daniel. Houk, Riggs, 1\Ir. BENNETT. Dead certain. [Laughter.] Anderson, J. A. Davenport, Lehlbac.h, Robertson, Mr. JoHNSTON, of Indiana. As the gentleman, a. friend of the administration Arnot, Davis, Libbey, · R.ogers, which wen$ into power pledged to civil-service reform, proposes to call a quorum, Barbour, . Dawson, Little, Sessions, I will withdraw my objection. Barnes, Dorsey, :Mahoney, Sowden, By unanimous consent the resolution was 'passed over for the present. Beach, Dowdney, 1\Iaybury, Spriggs, Belmont, EUsberry, 1\IcKenna., Steele. The Journal also shows that t.he resolution was passed over for the Bland, Ermentrout, · 111iller, Stephenson, Bliss, Evans, :~\fuller, St. Martin, present, the previous question having been ordered upon it. The Chair Boutelle, Felton, Nelson, Storm, supposes that under the practice of the House that would bring this Brady, Foran, Norwood, Taylor, E. B. resolution up for consideration this morning. Brumm. Gallinger, O'Donnell, Thomas, J. R. Buchanan, Gibson, C. H. O'Hara, Throckmorton, Mr. SPRINGER. It is a privileged resolution, anyway. Burnes, Gibson, Eustace Outhwaite, Tillman, The SPEAKER. Yes; it is a privileged resolution. Butterworth, ·Gilfillan, Owen, Van Schalck, 1\Ir. FARQUHAR. Then it can be called up now. Caldwell, Green, ,V. J. Payne, Wadsworth, Campbell, Felix Grout, . Pet:ry, WaH, The SPEAKER. The question is upon the adoption of the concur- Campbell,J.E. Hammond, Pettibone, W'biting, · rent resolution. · Campbel1, T. J. Hanback, Phelps, :M:r. SPRINGER. Let it be again read. Caswell, Heard, Pidcock, T.O.e SPEAKER. It has been read; but if there be no objectien the Collins, Hemphill, Pindar, Clerk will again report the resolution. So the resolution was adopted. The Clerk read as follows: Mr. LITTLE. Mr. Speaker, I am now informed that my colleague, 1\Ir. OuTHWAITE, relies on our pair of Saturday continuing through IS THE SENATE OF THE U.t.""ITED STATES, July 6, 188G. Resolved by the Senate (th-eH()'U&e of Representativesconcun·ing), That the third an­ this vote, and therefore desire to withdraw my vote. I voted in the af­ nual report of the United States Civil Service Commission be printed, and that firmative. 7156 .CONGRESSIONAL REOORD-HOUSE. JULY 19,

Crisp, Benderwn,T.J. Mills, Slone, W. J., Mo. The following pairs were announced: Croxton, Henley, Mitchell, Swinbuxne, Mr. PIDCOCK with Mr. SYMEs, until July 20. Culberson, Herbert, Moffatt, Swope, Mr. SNYDER with Mr. BRADY, until July 20. · Curtin, Herwann, Morgan, .Ta.rsney, The following-named members were announced as paired for this day: Dargan, Hill, Morrill, Tatllbee, Davidson, A. C. Hiscock, Morrison, Taylor, J. IT. Mr. HEWITT with Mr. WAIT. Davidson, R. H. M. Holmari, Murphy, Taylor, J.l\I. l't!r. MULLER with Mr. ANDERSON, of Kansa.s. Dockery, Hopkins, Nea.l, Taylor, Zach. Dougherty, Howard, Neece, Townshend, Mr. COLLINS with Mr. DAVIS. Dunham, Hutton, Oates, Trigg, Mr. FELIX CAl\IPBELL with :Mr. D.A. VENPORT. Du11n, Jrion, O'Ft!rmll, Tucker, Mr. BELMONT with Mr. NELSON. Eden, Johnston, T. D. O'Neill,J.J. Turner, Mr. CAl\IPBELL, of Ohio, with Mr. BRUIDI. Eldredge, Jones,J.H. Peel, Van Eaton, Ellsberry, Jones,J. '1'. Perry, Viele, The following-named members were announced as paired on this Ermentrout, King, .llil.ndall, WaJJace, vote: Felton, Kleiner, Reagan Ward,J.H. Findlay, Landes, Reid, J.'w. 'Vard,T.B. Mr. LITTLE with 1t!.r. OUTHWAITE. Fisher, Lanham, Richardson, Warner, A. J. Mr. ADAMS, of New York, with Mr. BUTTERWORTH. Foran, J~awler, Ryan, Warner, 'Villiam Mr. CRAIN with Mr. COOPER. Ford, LeFevre, Sadler, Wea.ver,J.n. Forney, LeW bach, Sayers, Wellborn, The following-named members were announced as paired until fur- Frederick , Lore. Scott., West, ther notice: . Gay, Louttit, Seney, Wheeler, Ur. THROCKl\IORTON with Mr. W ADSWORTII. Geddes, Lovering, Seymour, White, A. C. Glass, Lowry, Shaw, Wilkins, Mr. MILLER wit.h Mr. HOUK. ' Glover, Markham, Singleton, Willis, Mr. DowuNEY with Mr. O'HARA. Gree~ 1 R. S . Martin, Skinner. Wilson, Mr. DANIEL with Mr. WHITING. Guentner, 1\In.tson, Snyder, Winans, • Hale, . McAdoo, Sowden, Wiae. Mr. SPRIGGS with Mr. OWEN. Hall, McComas, Springer, · Wolford, . Mr. D.A. WSON with Mr. RANNEY. Halsell, MaCreary, Stewart, Charles Woodburn, Jr1r. HAMMOND wit.h Mr. PAYNE. Harris, McMillin, Srewart,J. W. Worthington. lintch; McRae, St. Martin, Mr. NORWOOD with Mr. O'DONNELL. Henderson, J . S. .IIIerriman, Stone, W.J.,Ky. Mr. REESE with Mr. GALLINGER. Mr. ROBERTSON with Mr. STEELE. NAYS-69. Mr. RIGGS with Mr. PHELPS. Adams, G. E. Everhart, · Little, Rockwell, Allen, C. H. Fleeger, Long, Rome is, Mr. STORM wit.h Mr. LOUTTIT. Atkinson, Fuller, . Lyman, Rowell, Mr. BLAND with Mr. VAN SCHAICK. Baker, Grosvenor, :McKinley, Scranton, Mr. GREE.N, of North Carolina, with Mr. HANBACK. Bayne, Harmer, . Millard, Smalls, Bingham, Hayden, Negley, . • Spooner, Mr. .ARNOT With Mr. THO~IAS, of Illinois. Bound, Henderson, D. B. O'Neill, Charles Stoue,E.F. Mr. ROGERS with Mr. E. B. TAYLOR. Browne.t...'f.'· M. Hiestand, Osborne, Strait, Mr. BARBOUR with Mr. LIBBEY. Brown, w.W. Hires, Parker, Struble, The result of the vote was announced above stated. Bro'Wn; C. E. Hitt, Payson, . Thompson, as Bunnell, Holmes, Perkins, 'Vade, Mr. FARQUHAR moved to reconsider the vote by which the reso­ Ca.mpbell,J. M. Jackson, Peters, Wakefield, lution was adopted; and also moved that the motion to reconsider be Cannon, .James, · Pettibone, W ea.ver, A. J • Ca.swe.ll, Johnson, F. A. J>iree, Weber, laid on the table. Cooper\ Johnston, J. T. Plumb, White, Milo. The latter moti.on was agreed to. Cutcheon , Kelley, Price, Dingley, J.a Follette, Recd,T.B. EVE.NING SESSIONS. Ely, Laird, Rice. 1\Ir. MORRISON. I am directed by the Committee on Rules to make the following privileged report: NOT YOTL.~G-91. Allams,J. J. Davenport, Honk, Ranney, The Clerk read as follows: .Aiken, Davis, Hudd; Reese, .Resolt:ed, That on Tuesday afternoon next, at 5 o'clock p.m., the House shall Anderson, C.1\L Dawson, Ketcham, Riggs, take a recess until 8 o'clock p.m., the evening session to be devoted exclusively Anderson, J . A. Dibble, Laffoon, Robertson, to the consideration of bills authorizing the constru<'tion of bridges reported Arnot, ·Dorsey, J.ibbey, Rogers, from the Committee on Commerce; that on this day at 5 o'clock p. m. the House Barbour Dowdney, Lindsley, Sa.w~·er, ehnll take a recess until 8 o'clock p. m., the evening session to be devoted Barksdaie, J<.:vnns, ~Iahoney, SessiOns, exclusively to measures presented by the Committee on the Post-Office o.nd Barnes, Farquhar, :uaybury, SpriggB", Post-Roads; that the sessions herein provided for shall not extend beyond 11 Beach, Funston, 1\'IcKennn, Stahlnecker, o'clock p. m. - · Belmollt, Gallinger, :Miller, Steele, Bland, Gibson, C. H. Milliken, Sl.ephenson, Mr. MORRISON. I demand the previous question. Brady, Gibson, Eustace 1\Iorrow, Storm, 1\Ir. HENDERSON, <( Iowa. I hope . the gentleman will not do Breckinridge,,VCP, Gilfillan, Muller, Symes, that, as I have an amendment to ofter. Brumm, Goff, Nelson, Taylor, E. B. Buchanan, Green, W. J. Norwood, Thomas.J.R. Mr. BINGHAU. noes that mean to-night? Bynum, Grout, O'Donnell, Thomas, 0. H. The SPEAKER. It does. Campbell,Felix JTammond, O'Hara, 'l'brockmorton, Mr. ADAMS, of illinois. What committee does this come from? Campbell, J. E. Hanback, Outhwaite, Tillman, Collins, 1-1 aynes, Owen, Van Schnick, The SPEAKER. The Committee on Rules, the resolution having Compton, Heard, Payne, 'Vadswortb, been sent to that committee. Conger, Hemphill, Phelps, 'Vait, Mr. ADAMS, of Illinois. Is it-not subject to amendment? Crain, Hepburn, Pidcock, Whiting. The SPEAKER. Not if the previous question is ordered. The gen­ DnnieJ , Hewitt, Pindar, tleman from Illinois has demanded the previous question. So the previous question was ordered. Mr. HENDERSON, of Iowa. I hope the gentleman will withdraw On motion of Mr. J AUES, by unanimous consent, the reading of the that demand, as I have an amendment to offer. names was dispensed with. Mr. SPRINGER. Is the evening session for to·night? The result of the vote was then announced as above recorded. The SPEAKER. Yes, to-night. Mr. MORRISON moved to reconsider the last vote taken; and also The question recurred on ordering the previous question. moved that the motion to reconsider be laid on the table. The Honse divid¢; and there were-ayes 87, noes 42. The la.tter motion was agreed to. Mr. HENDERSON, of Iowa. No quorum. The SPEAKER. Under the rules thirty minutes are allowed. for de­ ~1r. MORRISON. I demand the yeas and nays. bate, fifteen for and fifteen minutes against the resolution. If no gen­ The yeas and nays were ordered. tleman desires to be heard the question is on agreeing to the 1·esolution. Mr. STRUBLE. Let the resolution be again reported. Mr. BAYNE. Mr. Speaker, I do not care particularly about debating The SPEAKER. The question is on ordering the previous question. this question, but I should like to say a word on the general subject The proposition is to set apart this evening from 8 to 11 o'clock for the involved. consideration of bills coming from the Committee on the Post-Office As I understanu this resolution comes from the Committee on Rules, and Post-Roads, and to-morrow evening from 8 to 11 o'clock for the and assumes the magnitude of fixing two nights for the consideration consideration of bills authorizing the construction of bridges reported of bills. In all the years that I have been here I have never seen a from the Committee on Commerce. proposition of that kind coming from the Committee on Rules before. The question was taken; and. it was decided in the affirmative-yeas I never saw a rule reported from the committee of such a character as 162, nays 69, not voting 91; as follows: that-a rule whose only purpose is to serve a temporary object and to serve some particular committee whose bills are to be considered. I YEA.S-162. have no objection in the world to the consideration of bills reported by Allen, J . l\I. Boutelle, Burrows, Catchings, Ballentine, Boyle, Butterworth, Clardy, the Committee on Commerce, nor to the consideration of those bills re­ Barry, Bragg Cabell, Clements, ported from the Committee on the Post-Office and Post-Roads. Bennett, Breckmr1 idge, C. R. Caldwell, .Cobb, But if the rules of the House are to be converted into machines for Blanchard, Buck, Campbell, T. J. Comstoek, if Bliss, Burleigh, Candler, Cowie, the purpose of effecting temporary objects of this kind, the powers of Blour.t, B urne , Carleton, Cox, the Committee on Rules, with its special prerogatives and special pow- 1886. CONGRESSIONAL ·RECORD-HOUSE. 7157

ers, are to be perverted to the mere object of fixing a night or a day for practical way of getting evening sessions than the one proposed in this the consideration of special bills to be reported from some particular resolution, and if we provided for an evening se..<~Sion without deter­ committee-! say if that plan is to obtain there soon will cease to be mining the business to be considered, gentlemen very well understand any respect for the rules of the House at all. committees would contend for precedence with each other and there Rules, as I understand them, are to serve general purposes and ob­ would be nothing don·e. Gentlemen know, too, how very improbable jects, and are to be made to meet classes of· objects. They are.not to it is that any measure will pass at an evening session to which there be prepared and passed merely for \he purpose of effecting some special is any objection; forit has seldom, if ever, occurred, and probably .never object, some particular subject, or some merely temporary purpose; and will, that on any of these occasions, or night sessions, we have a quo­ I think it is placing in the hands of the Committee on Rules a power rum; so that anymembercan preventtbepassageofauymeasurewhich which should be denied to it by the members of the House. It will is objectionable to him by his single objection. Still much useful leg­ come to this, if this sort of plan is to obtain here in the House, that islation may be, and frequently is, accomplished at these evening ses- soon the fixing of a day for the consideration of bills, or the fixing of sions. · a time for taking up some special measure, will simply lie in the hands · I do not need to call the attention of the gentleman from Pennsyl­ • of the Committee on Rules. vania [Mr. BAYNE] and the gentleman from Illinois [Mr. AD.AJ\fS] to The Committee on Commerce having jurisdiction over bills relating the fact that it was only a short time ~all that the gentleman from We are opposed to millions of dollars being expended for the im­ New York has said amounts simply to this: That under the rules which provements of the Mississippi and then pntting clogs and interruptions exist we find it inconvenient or difficult at this part of the session to in the way of the free navigation of that river after these improvements transact the public business. That is all of his argument. Now, my are made. All I bad desired in my amendment was to confine the even­ opinion of a rule is that it is a law of general application to the class ing session under the operation of this resolution to the consideration which goes ~fore it; and we have in the book of rules provisions for of those other bills tow hich, as the gentleman from New York has said, · suspending the rules, but the ritles provide .that motions to suspend there is practically no opposition. shall only be made on particular days tllld under particular regula­ Mr. CLARDY. .I do not know that the Saint Louis bridge biU is a tions. proper subject of discussion now; but I will E>aY one word in reply to Now, I insist th8.t where we have a rule that the House shall adjourn the gentleman from Iowa. He tells the House he is in favor of build­ at 5 o'clock until the next day, arule, or a so-called rule, thatona par­ ing a high bridge at Saint Louis, or if need be two, or as many as arc ticular evening the House shall not adjourn, but shall take a recess for needed to subserve the interests of commerce. . an evening session for the particular business of a particular·committee­ When the gentleman says that be is opposed to this bill and in favor tbat is nothing more nor less than a proposition to suspend the rules. of a high bridge he says, in substance, that be is opposed to the con­ And I think my friend from New York [Mr. HiscocK] would find it struction of any bridge there. !tis proposed by those having this proj­ rather difficult to point out a logical distinction between a rule which ect in charge to build a bridge, either a high or a low one, which, in applied to a particular committee on a particular evening iu regard to the opinion of the Secretary of War, will not interfere with the unin­ a particular sort of business and a suspension of the rule. terrupted navigation of the river. It is proposed to build a bridge that Therefore this alleged rule, as it is called, amounts simply to this: will be practically a free bridge. that although the members of this Hoose can not move to suspend the Mr. HENDERSON, of Iowa. Does not your bill provide for the col­ rules except in the mode provided in the book of rules, yet the Com­ lection of tolls? mittee on Rules shall have the power to suspend the rules at anytime; Mr. CLARDY. It provides that no higher rate of toll shall be and I doubt whether that is a power which ought wisely to be given to charged on the bridge than is charged on the roads leading to the any committee whatever. bri~~ . Mr. MORRISON. After the veryclear and candid statementofthe Mr. HENDERSON, of Iowa. Yes; but it is a toll-bridge. gentleman from New York [Mr. HiscoCK] I hardly need to say more. Mr. CLAiq)Y. The tolls will scarcely amount to enough to keep Under our rules fixing the adjournment at 5 o'clock there is no other the bridge in running order. 7158 CONGRESSIONAL RECORD--HOUSE. JULY 19,

Mr. HENDERSON, ofiowa. Weare perfectlywilli:ng thatyoushall it a validating clause as to all entries which may· have been made make it a free bridge, for that matter. [Cries of" Vote!" "Vote!"] where there has been a conveyance by the entryman and a sal~ of his ~fr. CLARDY. Now I do not know but what gentlemen who sur­ inte1·est made prior to the 1st day of June, 1886. mise that there will not be a. quorum here to-mo~ow night are correct. The avowed object of the insertion of that validating clause on the I had supposed that there would not be a quorum, and that we would part of the Senate conferees is to wipe out every question connected not call up this bridge bill, which we knew would be an~aonized. I with the fraudulent entry where the entryman has sold his land prior do not suppose that this resolution was presented to this House in order to that date--as one of the Senate conferees expre.s-.;ed it, ''to turn over to accommodate the proponent of that measure; in fact, I am sure it a new leaf.' 7 was not. For the pU$t four years, as is -well known, this House kls passed ap­ Mr. HENDERSON, of Iowa. Your Saint Louis·papers have said for propriations of $95,000 or $100,000 each year for the purpose of detect­ ten days past that this was to be done in the interest of that bill. ing these frauds, having the entries canceled, and JJieserving the lands Mr. CLARDY. I am not altogether responsible for what the news­ affected by these entries for honest settlers. It is proposed by this papers state. I want to say this in addition to what the gentleman from amendment to undo everything which has been done by the Land De­ illinois [Mr. MoRRISON] has said in reference to the opposition to this partment during these years, and present to these people who claim to bill: There are some gentlemen who liye in the districts represented be purchasers from these entrymen a bill of peace. On that question, by my friend from Iowa and by certain other gentlemen who occupy Mr. Speaker, the Secretary of the InteriOI' and the Commissioner of the hundreds of acres of land for which they pay an annual rental and who General Land Office have both expressed themselves earnestly. I ask are interested in getting that land at a cheap rent. But if this bridge the Clerk to read, as the sentiment of the Secretary of the Interior, a por­ be built the value of those lands will be enhanced, and instead: of rent­ tion of a letter which I send to the desk. ing :them by the acre these gentlemen will be compelled to buy them . The Clerk read as follows: by the fo~ or· else move- their lumber yards. That is how this project 9. I also disapprove of the provision in sec!; on 1, lines 16 to 22, confirming all will affect their interests. But the people of Saint Louis, the people of pre-emption entries heretofore made on proof of sale and in the absence of ad­ verse claims. Missouri, and I think I may add the people of Illinois, are more inter­ It condones all such fi·audulent claims in the past, even those where the ques­ ested in chea.p transportation th!m they are in cheap rents for these gen­ tion has been adjudicated and the entries legally canceled, and it invites new tlemen, who have already made their tens ofthou...o:ands and their mill­ frauds in the future by providing such a precedent. It does not limit the sales to those made prior to that act, but invites every fraudulent pre-emptor to make ions of dollars out of the people of that city and of those States. a swi.fb conveyance of his claim, pretended or otherwi e, n.nd evade the penalty Mr. HENDERSON, of Iowa. . And the cost of transportation on the of the law. Its evident purpose is, however, not so much the relief of entrymen :Mississippi River, compared with the cost of transportation on the rail­ as of their assignees, of whom, it is notorious, there is a. large number who have got into their hands great tracts of lands by means of the grosse t frauds and roads that run beside it, is as one dollar to five. We can deliver our perjuries, which,they have aided and abetted. If the provision is made to apply lumber there for $1 a thousand, when your railroads would charge 5·a to sales made before final entry, it would be a condonation of auothe1• class of thousand. frauds in both vendor and vendee. If the cases to be affected by it were few in number, or of unexpected hardship, there might be some excuse for such a pro­ Mr. CLARDY. And the transportation on the river is trifling in vision; but in fact they are numerous, and the hal'dship rests deservedly and amount compared with the transportation by mil. . almost wholly on the speculators, who have evaded the law by inducing igno­ Mr. 1\IORRISON. We built a bridge a{lross the river just 20 miles rant men or their own servants to settle on lands under a pretense, to swear fa.lsely to their bona fW.es at date of entry, and theretofore or thereafter to convoy from the point where it is proposed to build this one, and the gentle­ to them. Such a. provision is, in my judgment, wholly indefensible. man from Iowa sat in his seat and never said a word. The resolution was agreed to. 1\Ir. PAYSON. Mr. Speaker, the concluding clause of the extract Mr. MORRISON moved to reconsider the vote by which the resolu­ just read by the Clerk expresses in clear terms the judgment of the In­ tion was agreed to; and also moved that the motion to reconsider be terior Department with reference to the Senate amendment to. the House laid on the table. bill. The Secretary says: The latter motion was agreed to. . Such a provision i_s, in my judgment, wholly indefensible. ORDER OF BUSINESS. • So the House conferees believe, and so does the Committee on Public Lands; and the necessity for such a provision nowhere appears. The SPEAKER. Tliis being 1\Ionday, the regular order is the call In the last Congress a bill passed both Houses which was identical IVf the States and Territories for'the introduction of bills:. practically with the bill which we sent over to the Senate at this ses­ REPEAL OF THE PRE-EMPTION LA.W, ETC. sion, and which has had these provisions ingrafted upon it. The House Mr. COBB. Mr. Speaker, I desll:e to present a privileged report conferees have endeavored to the b~~ of their ability to secure from the from a committee of conference. Senate conferees the adoption of that proposition, pure and simple. The SPEAKER. The report will be read. I include as a part of my remarks a letter from the Commissioner of The Clerk read as follows: the General Land Office on this subject, carefully 'prepared, and pre­ The committ~e of conference on the disagreeing votes of the two Houses on senting clearly the objections to the Senate amendments: the amendments of the Senate to the bill of the Honse 7857, ''to repeal all laws DEPABTl\IIDi"T OF THE !~OR, GENERAL LAND OFFICE, providing for the pre-emption of the public lands, all laws allowing entries for Wmhington, D. a., Jt~:ne 30, 18SG. timber~ulture, and all laws authorizing the sale of desert lands, and for other Sm: In reply to your request for a condensed statement of objections to the pu.rposes," having met, after full and free confenmce have been unable to agree. runendment to the bill for the repeal of the pre-emption law , &c., I respectfully T. R. COBB, 1·efer you to the following: W. J. STONE, L. E. PAYSON, 1. The second clause of the first section, confirming all entries heretofore made 11lanaaers on the part of the House. under the pre-emption laws and which. may have heen sold to "bona fide pur­ chasers," must have the effect, if any, to valida~ !llld confirm all illegal and J. N. DOLPH, fraudulent entries so made under that act. P. B. PLUl\ffi, This provision, and a. similar provision in the eighth section in respect. to F. 1\I. COCKRELL, filial entries hereafter made under the pre-emption and homestead acts, are in Manaoen on the part of the Senate. contravention of well-settled principles of the law of real property and of tho law of equity. I think that neither under the civil la.w nor tbe common law, The SPEAKER. The question is on accepting the report -o.f the nor iu any legal authorities, nor in any decision under the public land laws, is committee of conference. it or has it ever been asserted that a person can be an innocent pu-rchaser who buyg of one who does not own the legal title. Equity never relieves in such Mr. COBB. Mr. Speaker, I desire to make a brief statement in con­ cases, and there is no reason why it should. nection with this report. The conference committees of the two Houses In private transactions the owner of property is not expec.te to indemnify had a meeting and quite an extended conference, but failed to agree. a person against loss who purchases from one who bas merely a claim to a legal title but not the legal title it!!elt'. The doctrine of caveat empto-r is as good The main point of difference is upon the first and eighth sections, the against a. purchaser of property claimed to be derived from the United State Senate amendments, which would confirm all the fraudulent titles or as against the purchaser of property claimed to be derived from any other entries that have been made heretofore. The committee on the part source. '.rhe property of the United States in its public lands is as sacred as tho prop­ of the House believe that that ought not to be done. I do not now de­ erty of individuals, and no good reason would appear to exist why legal prin­ sire, however, to take up more of the time ofthe House, and I yield to ciples should be violated and the public domain saerilled to utake good to th my colleague on the committee, the gentleman from Illinois [Mr. PAY­ purchasers of fraudulent entries, or to speculators in them, title which ::nay bc either absolutely void or voidable in law. SON], reserving my remaining time. The classes of people who will chiefly be benefited by the proposed legislation Mr. P .A. YSON. Mr. Speakro:, the pending question, as I und~""'Stand are corporations and syndicates, who have covered grazing and timber lands it, is on the motion to insist upon the disagreement between the House with a cloud of false entries, and money-lenders, who have taken worthless mort­ gages at exorbitant rates of intere t and other charges. Doubtless individual and the Smate. citizens may al o have been misled by erroneous advice or persuaded by land The SPEAKER. That motion has not been made. or loan agents to invest their money without looking to the foundations of their Mr. PAYSON. Assuming that it will be made, I addre....q; myself to titles, but such persons have no possible cbim. upon the United States. Their purchases were private transactioru~ with which the United States had nothing that. Of course on the general question I do not care at present to to do. Tbe public records were open to their inspection. They knew, or .m:ight occupy any time or to tax further the attention of the House. For the have known, that their vendors wel"c not the owners of the land,.but had only purposes of this motion it is enongh to say that upon the question as a claim to it, and that the validity of this claim depended upon its merits. They are charged with a knowledge of the law that all claims under the public land to the repeal of the pre-emption and the tim.bel'-culture law the Sen­ acts are subject to a fll~al confirmation and are liable to defeat·, and that titles do ate and House agree, and the conierees have informally agreed to eon­ not pass until patents issue. If in some individual cases, the purchasers of in­ cur with reference to that. But the point of difference between the choate titles have suffered a miSfortune1 which appeals to personal sympathy, and. if such cases were a proper subject for public relief, it would be far belter two committees of conference may be briefly stat-ed to be this: The that direct money appropriations should be made thun that a horde of false and Senate has amended the House bill by inserting in the first section of fraudulent claims shonld be rushed through to patent by force of Congye i.onal 1886. CONGRESSIONAL RECORD-HOUSE. 7159

confirmation in order to save certain p~rsons from the consequence of their own but are known to have been largely made in the special interests for which the indiscretion. amendment would naturally be available. In my letter to Mr. Cobb of March 12last, I cited authoritie.s running froml8!36 7. The seventh section provides anew form of entry, to wit·," mountain home­ to the present time, uniformly sustaining·the legal propositions above set forth. steads" of 320 acres. No cultivation of the land is required. lt opens up the There has been no break in the long line of decisions of the Supreme Court of the States of OaJ.ifornia. Oregon, and Nevada, and the Territories of Wnshington. United States, the supreme courts of the !!everal States, the opinions of Attor­ Idaho, Montana, Utah, Wyoming, Arizona., and-New Mexico to an easy form of neys-General, and the decisions of this office and Department upon the point fraudulent entry, which, falling under the provisions of the eighth ection of the im·olved. Senate amendment, will be protected and validated by the enforced confirma­ A recent decision by Judge Deady to the contra1·y is in contravention of a.U ti<.>ns of that section. the decisions of the Supreme Court of the United St-ates, and of the principles 8. The eighth section is the germ and essence of the entire amendmen t. This of the decisions cited in its support.. section practically cuts off adveTSe claims and effectually prohibits c:mtests In the case of Harkness vs. Underhill, 1 Black, 316, the court specifically over­ against invalid entries, also rendering impossible an official investig tion of ruled the precise points raised by Judge Deady, and in the case of Bq.rnard's fraudulent ones; confirms all entries that may be sold, however false or base­ Heirs '1:8. Ashley's Heirs, 18 Howard, 43, the court explained certain decisions less, unless knowledge of the fraud is brought to attention within an impossible which had been misconstrued, which misconstruction is carried into Judge period t deprives the Land Department of its jurisdiction t<> determine the nUJd­ Deady's opinion, and showed conclusively that said decisions did not bear the ityof claims against the United States under the public-land l:l.ws; trans fers ex­ construction put upon them. ecutive functionstothejudiciary; imposes upon the courts duties which if they The case of Carroll n. Saiford,3 Howard,460, cited.as sustaining the opinion could be performed would require a quadruplication of the judicial establish­ of Judge Deady, was a. case arising in 1836, of a purchase ofla.nd at private cash ment, and makes an absolute confirmation after two years of all entries not sale, where the only conditions of entry were that the land should be subject to otherwise confirmed in fact or effect by other provisions of this se ~on and bill. sale and should be paid for. In that case, as in .others in which the effect of a I regard this section as a nullification of all guards and restrictions in the pub­ certificate of purchase has been regarded as entitling the purchaser to.a patent, lic-land laws; as a reYersal of the whole policy of legislation in respect to the the court expressly said that if the lands were not subject to entry the entry acquisition of individual titles to public land ; as a repudiation of the pledges would be invalid. The principle of the decision was that the validity of the of political parties and conventions to preserve the public do.m.ain for actual certificate depended upon the legality of its issue. There was but one point upon settlements, and, in short, as the destruction of the public-land system of the which its validity could be questioned, because there was but that one condition, United States. And I perceive that this radical change can have no other effect besides payment, attached to the purchase. Where other conditions are attached than to promote the interests of speculation and monopoly. to the making of an entry, necessarily those other conditions must also be sat­ 9. The ninth section, providing that suits to yacate patents shall not be isfied. There is therefore no conflict in decisions of .the Supreme Court upon brought after seven yeRI'S from the date of the passage of the act or five yenrs the point raised, and the cases cited in support of Judge Deady's opinion are all from the date of the issue of patents hereafter, would have the effect to validate of the two classes above named, being either those overruled by subsequent or both void and voidable patents even in the hands of the patentees, unless suit higher decisions, or those which have been misinterpreted and the misinterpre­ should be bronghtwithin the time fixed, which is wholly imp<> sible , particu­ tation corrected by the court itself, or apparent on the face of the record. larly in respect to patents issued to corporations when the bringing of the suit No honest entry needs a. confirmation by Congress. It is the history of this may depend upon the settlement of questions that may not even be considered office n.nd Department that liberality to claimants under the public-land laws is within the term of five years. carried to extreme lengths, and only those cases in which illegality or fraud are It is said that some limitation of time is necessary within which public-land conclusively shown by record facts and testimony taken upon formal hearings, entries shall be liable to attack by individuals or to inquiry by the Government, 01' by failure of interested parties to attempt to controvert the evidence in pos­ in order that certainty in land titles may be assured, it may be replied that the session of the Government, are canceled; Consequently it is only these cases­ same reason would apply to claims for money out of the Treasury, since such the undeniably illegal or flagrantly fraudulent cases-that will be affected by claims, equally with claims for public land from the treasury of the public do­ the amendment. and these are confirmed out of hand, the frauds condoned, and main, are the subject of sale and assignment; that unless the public-land system more frauds invited by the nature of the amendment. should be changed to favor speculative proprietorship instead of actual inh~b i­ 2. ThES last clause of the :first section of the Senate amendment provides for the tancy there is no substantial reason for anticipating the regnlar and orderly ter­ location of soldiers' additional homestead entries by assignees. This provision mination of cases; and, further, that another and better method exists by whicll is not in the interest of soldiers, their heirs or legal representatives, by whom a final adjudication of claims can be facilitated. This is by a. simple repeal of the location may now be madet.. but is exclu.~ively in the interest of the specu­ laws under. which the most extensive frauds have been ~mmilted, thus pre­ lative holderii of such claims. J. think legislation in the interest of any char­ venting their future perpetration, and by increasing ~e facilities of this office acter of speculation in public land unwise, inexpedient, and contrary to good for the examination of existing claims so that the work can be speedily per­ policy. formed, false claims discovered and suppressed, and good ones confirmed and These claims are sold in the market, as I am ndvised, for $16 per acre, but the patented. - soldier receives no benefit from that price. Under the present law the claims 10. The tenth section of the amendment retains the provision that abandoned nre not assignable, but the location must be made by the soldier or in his name, military reservations shall remain subject to sale as provided by the act of July The bill makes them assignable, which is in aid of speculation in them. 5 1884. The reasons why such. lands should not be sold at public sale as pro­ 3. The last proviso in the second section of the Senate amendment repeals the v'ided by said act are set forth in my annual report, page 75, as follows: e:risting requireinent that timber-culture entrymen, in making final proof, must '' RELDiQUISHED MILITARY RESERVATIOYS. show that the specified number of trees were planted on each acre. This re­ quirement is one of the conditions upon which all timber-culture entries have "By the act of Congress of July 5,1884, providing for the dispo_al of abnndoned been ·made. Its repeal changes the contract in favor of the entryman, and en­ military reservations, the lands are required to be appraised and sold at public ables proof to be made upon natural trees, when they may exist, inst-ead of cul­ sale for cash. Settlers entering upon. such reservations after Jan ua.ry 1, 1&!4, are tivated ones. not protected against these cash sales. Petitions and memorials have been re­ ceived by this office representing that the effect of the law is disadvantageous 4.. In a letter to Senator COCKRELL, dated 21st instant, from which extracts are to settlements. and urging executive recommendation for its modification or made in this letter, it was stated in reference to the third section of the Senate repeal. It is alleged that settlers can not compete with rich syndicates in the bill as follows: purchase ofsnch lands, and that the result will necessarily be that the large bodies "The third section amends the desert-land act in some meritorious particu­ ofland embraced in these 1·eservations will pass info single or corporate posses­ lars, but embraces other provisions of a. different character, the principal of sion, to the disadvantage ofth.e settlement and prosperity of the counh·y. which is the incorporation of a right of assignment of the unperfected entry. "Thirty-seven reservations have been turned over to this Department under This feature changesfundamentalllythe underlying principle of the public-land this act, the majority of which contains a1·ea. ranging from 5,000 to 100,000 acres laws that entries shall be made fur the exclusive benefit of entrymen, and not each, and aggregating about 627,000 aeres. . for the benefit of other persons, and U practlilally abrogates exist-ing restrictions "The am-ount of land embraced in e:xi.sting reservations that have not been re­ of the act limiting one person to one entry of 640 acres. By the proposed amend­ ment any purchaser of deser.t entries may obtain as great a. quantity of land linquished by the Wa.r'Departinent is estimated a.t about 2,500,000 acr-es. which has been heretofore entered or which may be hereafter entered under "These reservations are chiefly in the Territories. They were selected by the this act as be may be able or may choose to pay for. That it is the purpose of military authorities for their advantages in respect to grli.s.s; wood, and water, the amendment to aggregate entries in single or corporate bands is shown by and for these reasons invite settlement. It has not been the experience of this the clause providing for the association of entrymen and the filing of joint maps, office that public cash sales of lands augment the revenues of the Government coupled with the right of assignment. In Wyoming, Montana., and elsewhere t-o a de~ree to make that form of disposal desirable as a ma.tter of economy or great bodies of land have been covered by consecutive desert-land entries, em­ of public policy. I know of no public reason why relinquished military reser­ bracing the water privileges of many square miles of territory. To legalize the vations should be sold at public cash aale as a special class of lands. The build­ assignment and consolidation of these entries as proposed by the Senate amend­ ings on the land are oflittlevalueto the Go-vernment after their use has ceased, ment is to create a land monopoly of vaster proportions than any ago.instwhich and can be sold to as good or better advantage by the War Department before publicists have warned the country or political conventions have denounced. the reserva.tion.s are relinquished than by the Land Department afterward. Cus­ "Another objection to the amendment is that the provisions of the desert-land todians have to be appointed and paid, and this expense, with the cost of ap­ act are extended to another State (namely, Colorado) than the States to which praisal and sale, is likely to amount to as much or more than the buildings are it was confined by the original act. The public injury already done under this worth. Their rapid deterioration after abandonment is another element to be net, which, as stated by my predecessor, operates not to the reclamation of land considered. The past experience of this office is not favorable t-o this method but to its lnisappropriation and the pre-vention of reclamation, should not be · .of disposing of abandoned bnildin~. extended to embrace additional territory. Legislation clamored for by monop­ " Interested -parties desiring to secure large b<>dies of land naturally seek to olists is not legislation presumptively in the public interests." hasten the extinction of reservations, but in my judgment the time is rapidly ap­ The report of proceedings in the Senate shows that the words "or his assign­ proaching when people needing homes will rejoice if Government reservations ors," in line 18, page 4, and the words "or his assigns," in line 67, page 6, were shall have saved a.ny considerable amount of public lands from present indis­ stdcken out, and that the Senate subsequently refused to restore said words. criminate appropriation. If, however, these reserved lands are to be disposed of Yet those words appear in the bill as passed. at or soon after their a.ba.ndonment for military purposes, I do not think a mo­ nopoly of them should be allowed to cash purchasers, but that an honest attempt 5. The fifth section extends the homestead privilege to single females between at least should be made to enable bona fide settlers to obtain them." the ages of eighteen and twenty-one. As young girls are not expected, as a class, In brief, I may say in general terms that th.e objections to the Senate amend­ t-o take up public land for the purpose of a home, and to live alone upon isolated ment are to all those respects in whicll it adds to the House bill matters not claim.s, there would seem to be no utility in thia provision, at least not for any necessarily connected with the repeals proposed, and which, as radically chang­ purpose of promoting actual settlements. ing the theory, policy, and purpose of the public-land laws, should receive delib­ 6. The sixth section auth-orizing the transfer of any portion of a claim under erate and independent consideration. the sett.lement laws for church, cemetery, or school purposes, or for the right of If it is the will of Congress to destroy the public-land system n.nd turn over way for railroads, canals, or ditches, a-dds to existing law (section 2288, Revised. what is left of the public domain to speculators and spoliators, the pending Statutes) the words" canals or ditches forirrigation or dl-ainage." As the right amendment should be concurred in. If it is the intention to keep·the public ofwayforti1e latter purposes is already secured by general law (sections2339, 23-.10 faith that has repeatedly been pledged t-o the people t-hat the remaining public Revised Statutes), the occasion for this an1endment is not evident. The objec­ lands should be disposed of only for actual settlement and be subject only to an tion to it, apart from its apparent want of utility for any necessary purpose, is honest appropriation for that purpose, the amendment should not receive ap­ • the liability of its use for the consummation of frauds upon a great scale. ".Any , proval. · portion" of an entry may be so transferred. The wo1·ds "any portion" include Your attention is called to my report, May 6,1886 {Senate Ex. Doc. No.l34), the whole. Entire claims may therefore be transfened under the proposed showing that, with the increased force asked for, the pending ca.._ooes of final entry amendment for the ostensible purpose named. n is not necessary that any ca­ can reasonably be e~ected to be closed within a. year and a half. nals or ditches should actunlly b e constructed. rf'he claims can be transferred I also respectfully call your attention to mar-ked paragraphs in my predeces­ for the alleged pw·pose of constructing them., and the amount of land that may sor's annual report for 1884, pages 15,16, and 17, and in my report for 1885, pag~ be thus acqnired by corporntions or indivhluals may be limited only by the ex­ 61-67,l·elative to examinations of entries, n.nd to other marked paragraphs 1n tentof territory desired to be dominated. reports for 1883,1884, and 1885, relating specifically to different classes of entry. It may be suggested that the above objections would equally apply to the pro­ Very respectfully, visions in respect to tracts for cemetery or school purposes, but this is not the fact, Wl\f. A ..~ "'~ · ~ ~ c:: rnmm Lsioner. because fraudulent entries nre not presumed to be sought for those purposes, Hon. L. E. PAY!'O~. Ho·use of R epresenlnfi1,es. 7160 CONGRESSIONAL RECORD-HOUSE. JULY 19,

~ As to the propriety of the repealt of the pre-emption law, the Senate Lying betwean Pearl and W.olfRivers, 1. 11!. Weston. Grand Rapids; R. T. Wilson, Ogden, and Robert Goelet, of New York, own 50,000 acres; adjoining these Ia.nds, conferees agree with us; as to the propriety of the repeal of the timber­ Charles Bewick, Andrew and William Comstock, and Edward Kanter, Detroit, culture law, they agree with us; but they insist UJ)9D ingrafting upon have 100,000 acres, and B. F. Southworth 7,000 acres. Total, 263,000 acres. these repealing enactments a provision validating and condoning these On streams tributary to the Pascagoula River in Eastern Missis.<>ippi are: On Leaf River, I. M. Weston, A. B. Watson, Grand Rapids, and M. B. Hull, Chicago, frauds-whether of greateror less degree I am not here to argue, for it 38,000 acres; Watson, Weston & Stanton, Grand Rapids, 8,000; Pascagoula. Lum­ is utterly immaterial-but they insist as a-condition precedent that this ber Company, Grand Rapids, comprising A. B. Watson, I. M. Weston, Osterhout provision shaH be inserted, or the repeal remain inoperative. & Fox Lumber Company, White, Friant &Co. H.T.Stanton, O.R. Wilmarth, and E. Ware,50,000acres. President·watsonand TreasurerWeston,ofthiscom­ :M:r. BROWNE, of Indiana. Is there in the bill any saving provis­ pany, are now at the mouth of the Pascagoula. River locating grounds for mills ion whatever? and boomage. On Black and Red Creeks, Senator '1'. W. Palmer, Detroit·, ex­ l\1r. PAYSON. There is. The House bill as sent to the Senate pre­ Congressman Jay Hubbell, Houghton, Mich.; Col. F. B. Stockbridge, Kalamazoo; Paul Bhickmar, Big Rapids; G. C. Wetherby. and Mr. Randall and associates. of senes the right of every bona fide settler and purchaser under the gen­ Indianapolis, have 90,000 acres. 'Vest of these lands, F. Henry, Warren, Pa.., has cralland laws down to the time when the bill shall become operative. 8,000 acres; Henry Hamlin, Smith port, Pn.., 21,000 acres; John McEwen, Brad­ I read for the benefit of the gentleman tbe first proviso of the first sec- ford, Pa.., 30,000 acres; I. L. Lyon, Detroit, 5,000 acres; William Solomon, Grand tion of the bill: . Rapids,6,000 acres; Otto Plock, New York, 100,000 acres. Total, 356,000 acres. Total for Mississippi, 619,000 ac~es. Total for both States, 1,446,300 acres. Provided. however, That this repen.l shall not affect any valid rights heretofore accrued or accruing under said Jaws, including the right of such per;;ons as have Mr. PAYSON. Without reading the whole list I will ask leave to entered contest. to make entry of the land the subject of such contest, as now provided by existing law; and all bona fide claims, lawfully initiated upon either insert it. It shows in anticipation of this proposed legislation these vast surveyed or unsurveyed lands before the 1st day of October, 186&- . areas ofla.nd are being taken up, 1andsworthanywherefromfivetoten The provision being extended for the benefit of those who m::oy go in and fifteen dollars per acre, as soon as transportation may be furnished, so dul'ing the entire season, until the 1st day of October, 1886- soon as they shall be made accessible, are being taken up in great quanti­ may be perfected upon due compliance with the law in the ~me manner, upon ties, 1,600,000 acres having been taken up in a few days at two offices; the same terms and conditions, and subject to the same limitation, forfeitures, and while this is the condition in reference to these lands being taken up and contests, as if this act had not been passed. in these large quantities the House bill provided that hereafter no pub­ That is the House provision which we sent to the Senate. lic lands of the United States heretofore offered for public sale, includ­ Now, the next item of disagreement between us the House conferees ing the abandoned military and other reservations, should hereafter be regard as important. It is well known to those who are familiar with taken at private entry at $1.25 per acre. The Senate take that pro­ the public-land laws that there are vast areas of land in the country vision, change the phraseology by inserting a word or two, so that it lmownas "offeredlands;" thatistosay, where1andhasbeenonceoffered shall read as follows: · at public auction and has not been purchased when so offered it there­ That hereafter no public lands of the United States not heretofore offered at after becomes subject to what is known as privat-e entry at $1.25 an public sale, excepting ::..bandoned military and other reservations, shall be offered acre, and in such quantities as the purchaser may desire to acquire. at public sale. r By proclamation of the President, most of the valuable lands in the Thus leaving it open as to all lands subject to private entry and public Northwest have been withdrawn from that condition; but over the entry to be up for sale and open to private entry. South and in the Southwest large areas of this land still remain. The And the evil we attempted tO abate still goes on. We disagreed great proportion of it is timber land, valuable only for the timber which wholly-in reference to that provision in the Senate bill. is upon it. In anticipation of the passage of the House bill, which is Section 8 of the bill is another validating provision; it provides in no in substance the s~me as the bill of the Senate at the last session, large instance shall there be any contest in reference to any fraudulent entry areas of this land are now being taken, notably in Louisia~a and Mis­ of any public land unless it is instituted wtthin nine months of the date sissippi. I send to the Clerk's desk ~ be read an extract from one of of the entry. At first the entry was thirty days, but afterward it was the current newspapers showing what is being done with reference to thought proper to make it six months, and finally without objection it this class of lands in the Southwest. was made nine months. It goes without saying in the great territory­ The Clerk read as follows: in the extreme West and Northwest, where these areas of public lands Southern pine lands-Chicago and Michigan men have bought much of them are, contests can not be instituted; that it is practically impossible, up-A total of 1,446,300 acres purchased in the States of Louisiana and Missis­ either for special agents of the Government or those who may desire to sippi-Yellow pine and cypress to supersede white pine-The South hereafter to be the region to which the country must look for its supply-Figures as to settle on the lands out there, to reach them and institute contests within cost of cutting and getting to market. nine months of the entry. [Special.] On that question the Secretn.ry of the Interior, :Mr. Lamar, has also NEW ORLEANS, LA., ..4pril9. expressed himself fully in reference to it. I ask the Clerk to read his Louisiana. and Mississippi wake up suddenly to find that Chicago and l\1ichi­ expression in reference to this subject. ~an men have purchased all their best pine lands. This cih• has been swarm­ The Clerk read as follows:. ing with Northern lumber barons for the last few days, who are happy over their purchase of 1,446,300 acres of Government lands at $1.25 per acre-a total of 7. The provision in sectionS, lines 17 to 22, requiring judic~al proceedings to Sl,SOO,OOO. 'l'hreeyears ago surveying parties and experts began exploring both cancel a final entry, I totally disapprove of for the following reasono : First. ib States, locating accurately all of the long-leaf pine lands, and writing out ~a radical departure from the letter and the spirit of all former land laws; sec­ data. on their location and proximity to water and othe.r transportatiqn. When ond, it nssumesthattitlepasses out of the United States by an entry or location, the information was all secured at an expense of about 815,000, the desirable whereas both the Department and the courts havealmostinvat·iably held to the lands were taken with hot haste. The lands thu~ purchased from the Govern-~ contrary; third, it di..-ests the Land Department of a jurisdiction over entries ment run 10iJOO feet to the acre, and hold 15,000,000,000 feet of standing lumber. which it has always exercised, which does and of rigbtough~;to belong to it until The list ot purchasers is as follows: the issue of patent, and for the exercise of which adequate quasi-judicial ma· In the Calcasieu district Southwestern Louisiana, a Chicago syndicate, com- chineryhasbeenormaybedevised; fourth, it will provokeamultiplicityofsuit.s, prising Messrs. Wirt Dexter, N. K. Fairbank, F. H. Head, H. B. Perkins, and sinceitcoutemplatesacompletetrialintheLandDepartmentand anotherin the Robinson & Lacey, of Grand Rapids, Mich., have taken 100,000 acres. I courts, with the result of an increase of expense both to the claimant and to the The Calcasieu Lumber Company, comprising Benton Hanchett, Louis Pen- Government; fifth, it will prolong controversies over the issue raised, often for oyer, W. S. Green, Ezra Rust, and Mr. Harden, of Saginaw; N. B. Bradley & several years, whereas the preliminary trial, withtheappeals,mustalso usually Sons, and B. E. W'arren, of Bay City; W. C. Yawkey, E. M. Fowler, and S. I consume one or more years. and it will thus tie up the land for an unnecessarily Chapman, of Detroit; E. A. & E. F. Brakenridge, of New Orleans, has 130,000 long period in the hands of persons adjudged by the Department to have en­ acres. tered by fraud, and to the great and often irreparable damage of other and Other purchasers in the Ca.lcnsieu are: Grand Rapids-Hon. 0. C. Comstock, bonafide adverse claimants; sixth, it will result in flooding the courts 'vith the 35,000 acres; E. F. Uhl, Robinson & Lacey, and Dr. George K. Johnson, 32.000 already great quantity of contested entries, whose number will be vastly aug­ acres; G. W. Gay, 15,000 acres; N. W. Northrop and Robinson & Lacey, 3,500 mented by the resistance of those fraudulent entrymen who now never take an acres; A. B. Watson nnd Robinson & Lacey 2,800 acres; Penoyer Brothers, Os- appeal when their wrongdoings have been exposed; seventh, it will discourage coda 14,000 acres; E. A. & E. F. Brakenridge (formerly of Saginaw), 20,000 acres; I the institution of contests, for it will create delays and finally take the conduct :M. R: Gay, Detroit·, 5,000 acres; Charles Winchester, Ashburnham, Mass.,l6,000 of the ca..'!es away from the contestants, who are under existing Jaws the best acres; William E. Rice, New Jersey, 40.000 acres; Lutcher & Moore, Orange, · safeguards against fraudulent entries, which are so readily made by reason of Tex .. 56,000 acres; G. E. W asey, Detroit,l5,000 acres; Pack & Woods, Cleveland, the e~ parte proceedings at final proof; eighth, it i<> opposed to eound ~ol icy, for 26 000 acres; H. Lamport, Victoria., Ont., 16,000 acres; H. & B. Biers, New Or- the reason that the surest guarantee of bonafide settlement and entry is facility le~ns, 8,000 acres; S. R. Prentiss, Oakland, Cal., 25,000 acres; Berkett & McPher- of contest, followed by a swift, sure trial, and a summary cancellation upon son, Howell, 1\licn., 20,000 acres. Total, 57i.300 acres. proof of the fraud. The purchasers in the Red River district ofLouisiana. are as follows: Governor R. I am of opinion that this provision, which would be an incentive to and a pro- A. Alger, Detroit,lO,OOO r.cres; G. E. W asey, Detroit, 10,000 acres; Grattick, South teetor of fraud, should be eliminated, and that instead thereof the following pro­ & Friar. Dett·oit, 30,000 acres; John L. Woods, Cleveland, 64,000 acres; A. B. Wat- vision should be in!)erted: "The Commissioner shall suspend the i sue of pat­ son, I. M. Weston, of Grand Rapids, and M. B. Hull. of Chicago, 18,000acres (runs ent and hold the entry or location for cancellation, with right of appeal to the 20,000 feet to the acre); William Hake, Grand Rapids, 8,000 acres. Total, 140,000 I Secretary of the Interior; and if appeal be not taken as prescribed by the regu­ acres. lations, or if the Secretary should affirm the decision of the Commissioner, the In the northeastern district of Louisiana. the purchasers are: W. D. Morley, entry shall be canceled and the land and all moneys paid therefor shall be for­ Marine Crty, Mich., 40,000 acres; E. A. llrakenridge, 5,000 acres; Henry and B. D. feited to the United States." Hamlin Southport Pa.. and R. W. Wright, Westfield, N. Y.,45,000 acres: L. D. 8. I decidedly disapprove of the provision in section 11 repealing the act of Wetmo~e, Warren, Pa., 9,000 acres; J.P. Jefferson and E. Wetmore, Warren, Pa., March 3,1879 (20 Statutes, 472). Said act, by providing for public notice of inten- 8,000 acres; Charles Parma.lee, '\Varren, Pa., 3,000 a.cres. Total, 110,000 acres. tion to make final proof and entry, is almost the only check upon the consum- Total for Louisiana.,827,300 acres. mation of secret and fraudulent claims. Its cmtctment was the result of long The sales in Mississippi are as follows: experience, and I believe it to be in every sense effective, while it is not ordinarily • Pearl River district-On the eastern bank, D. A. and J. W. Blodgett, of Grand detrimental to the interests of persons who are acting in good faith. Rapids, have 85,000 acres, which they have recently purcha..<>ed of I.M. Weston . . . . • and Robinson& Lacey, of the same place. They can travel forty-eight miles on Mr. PAYSON. Now, Mr. Speaker, an exammation of sectiOn 8 ID n. north and south line without leaving their own land. Adjoiningitthe Missis- the Senate bill will show the most casual observer that the criticisms sippi Lumber Company comprisi..ngJ o~ep~Heald, Grand Rapi~ i John C. Le":_i~l made by the Secretary of the Interior should be re.Qpected by the House. R. E. Staples,M. .B.ana1 C. E . Covell, and W.F.Nufer, of Wh1tenall, own l6,uuu I . . acres. and Adam Hafer, of the firm of Weston, Hafer & Whitehall, 5,000 acres. t does not need a lawyer to determme that question. Any one upon 1886. CONGRESSIONAL RECORD-HOUSE.' 716l reading the section and perusing the criticism w~uld come to the same "Mr. Speaker, page after page of this RECORD is filled and day after conclusion. It comes to the House with his recommendation backed day such petitions as that, signed by the industrial classes all over t~e by the experience he has had here; and I may say without any breach country, may be found. Thousands upon thousands of voters of this of confidence between him and myself that I know he has given the country have taken occasion to sign the petitions and forward them matter diligent attention and speaks advisedly in reference to it. here. They come from different ·parts of the Union, so t~at since the Section 8 of the Senate law provides: days when petitions came here from the North and East w1th ~eference Sxc. 8. That in all cases under the pre-emption and homestead laws, and under tO the abolition of human slavery there has never been an occas1on npon this act- which the petitions and memorials have come to this Chamber or to · Not only the homestead and pre-emption laws, but in reference to the the Chamber at the other end of the Capitol in such numbers asking desert-land act and the amendments here- for legislation, or that compare in dignity to this. . Mr. PLUMB. May I interrupt the gentleman a moment to c1te an all contests or protests on the part of the Government, or any individual, con­ cerning the land entered, shall be instituted within nine montbsafterfinalentry instance that has come under my own observation? and issue of the duplicate receiver's receipt, and not afterward. Mr. PAYSON. Certainly; I yield to my friend. Mr. PLU.l\IB. I wish to say that I hold in my hand a resolution Then follows a proviso introducing a new provision of law, introduc­ passed by a State convention of Knights of Labo~ held in Illinois, in ing a new method, a regulation, a procedure which has never obtained "'llY own district, representing sixty thousand knights, and the first in the Department before: resolution adopted is in these words: Provided.fu,·ther, That after final-proof of the claimant and the issuing of the duplicate receiver's receipt, if it shall be proved to the satisfaction of the Com­ They ask that the public domain be reclaimed ftom aU who hold it unjustly, missioner that fraud has entered into the title so acquired by the claimant, un­ and that laws be passed militating against the individual or corporate owner­ less it shall appear that the land has been sold or conveyed to a bonafide pur­ ship of large tracts of land. Also, that the tendency o~ taxation shall be to dis­ chaser for a valuable consideration, the Commissioner shall suspend the issuing courage the holding of unprofitable lands for speculative purposes, and to en­ of the patent for the same, and tl1e with the United States Attorney-General courn.sre the return to the Government of tbe "unearned increment of land" notice of such suspension of the patent, with his reasons therefor; and it shall sought to be obtained by such holding. be the duty of the Att.orney-General to commence proceedings at once in the Mr. PAYSON. In glancing over the page of the RECORD before me, in proper court to set aside such title, if in his judgment such proceedings can be maintained. reference to these petitions, I see in their order they came from Massa­ chusetts, New York, Pennsylvania, New York again,.Virginia, Maine, Recognizing, as will be seen, for the first time in the history of the Maryland, Ohio, in fact all of the States. Petitions equally numer­ public-land law, and for the government and guidance of the Interior ous, and representing as intelligent a cl~ of citizens, come also. to the Department, that the receiver's certificate is titleasagainstthe United Senate asking for the passage of Honse b1ll 7887. They ask thiS ~n.. States. That has never been held to be the rule be1ore. There has gress respectfully to give them bread in the. shape of the H~use b~ll, never been a decision of any inferior· or superior Federal court that and the Henate gives them a stone by the btU proposed; ,a b1ll which embodied such a proposition as is contained in this provision to which will validate these frauds which stand as a stench in the nostrils of I have referred; and it is proposed in this case to enact into law that anybody who has taken occasion to investigate the subject. the receiver's certificate is title, which can only be set asi'de by judicial I believe that is about all I care to say at present. The motion, which proceedings, and taking from the Interior Department a power which will doubtless be ma'de in a moment, that the Honse further insists on it has always had since 1834, and has e~ercised uniformly and without its disagreement to the amendment of the Senate ought to be voted by question. down to the present time, and which it has exercised without this House unanimously as an instruction to these conferees when an­ dispute as to its right to exercise it, namely, the power to investigate other couference is appointed, that this House represents a state of opin­ alleged frauds in the original entry after the receiver's certificate is ion that ought to be and shall be respected. issued and prior to the issuing ofthe'patent. I assertthatthere never Mr. PERKINS addressed the Chair. was a decision of a Federal court which established a contrary docti'ine Mr. COBB. I move that tho House further insist on its disagreement except in the one single individual case decided by Judge Deady in to the Senate amendments. Oregon-a case which has been asserted as collusive, and it so appears, The SPEAKER. The first thing to be done is_to accept the report. !or no appeal was prosecuted. Mr. STRAIT. The amendments have not been read to the Honse. Mr. PETERS. It has been held by the State courts that a mortgage The SPEAKER. There is nothing before the House but the confer· after the final fee is paid and b efore the patent is issued is valid. ence report, reporting a disagreement, which ~ill be accepted, and,then Mr. PAYSON. Yes, sir, it istrue; andithas beenheld bytheFed­ if the gentleman from Indiana makes a motion that th~ H~use further eral courts that the entryman may have the final certifica.te, prov~ded insists on its disa no sort of doubt. The Commissioner of the General Land In the next place I do not believe that any man who makes a fraud­ Office gives it as his opinion that 90 per cent. of the pre-emption and ulent pre-emption acquires any title, before the issue ofpatent, which timber-culture entries made in many, perhaps a majority, of the land is the subject of conveyance to the prejudice of the Government; nor districts of the West are fraudulent; and that opinion is not merely a do I believe there can be, in contemplation of law, any such thing as vague speculation on his part. His judgment is based on reliable in­ an innocent purchaserofsuch a claim. The law says'' that every per­ formation coming to him from. a multitude of both private and official son, being the head of a family," &c., "who has made, or hereafter '1886. CONGRESSIONAL RECORD-HOUSE. 7163 m.akes, a settlement in person on the public lands subject to pre-emp­ to repeal the desert-land law, under which 640 acres may be taken by a tion, and who inhabits and improves the same, and who has erected or sin~le individual. The desert-land law aff~rds no immediate advantage shall erect ad welling thereon" is·autliorized to enter a hundred and sixty to men of small means, for no man can enjoy its benefits who has not acres upon paying the minimum price of such land. But before any capital enough to construct canals and ditches so as to distribute water person can claim the benefi,t of that law he must make oath t~t he over it and irrigate it. Those who are benefited by the law are men has never previously exercised his right of pre-emption; 11 that he is able to organize irrigation companies with ample capital at their back, not the owner of 320 acres of land in any State or Territory; that he and thus control the water privileges of the country. I know it is has not settled uponand improved such land to sell thesa.me onspecu­ claimed that unless this is allowed what is called the arid or desert lation, but in good faith to appropriate it to his own exclusive use; and regions will never be redeemed, and we are told that time will eventu­ that he has not, directly or indirectly, made any agreement or contract, ally make all things even; . that when the lands are ultimately sub­ in any way or manner, with any person whatsoever, by which the title jected to domestic uses they will in the course of time be bought up which he might acquire from the Government of the United States and distributed among the masses. That may be, but I see no neces­ should inure in whole or in part to the benefit of any person except sity for hurry about this. It would be far better if in the processes of himself; and if any' person taking such oath swears falsely in the prem­ time these lands could be taken up in small quantities by the lllll...c;;ses ises, he shall forfeit the money which he may have paid for ~ncb land, of the people themselves as the demand for them shall arise. 1Uld all right and title to the same." I am.aware it is contended that that is impracticable, for the reason Now, we are informed by reports from the Land Office that there are that those desert lruids can not be utilized for agriculture without the thousands of cases where men have been employed by speculators to go employment of water through expensive artificial means. That is meas­ upon lands, erect thereon the pretense of a house, stir up a few shovels­ urably true to-day, but I believe that those conditions will gradually ful of dirt, and then go off and file their declarations, make the required disappear until in the not distant future beneficent nature will shower oath and proofs, pay for the land with moneys furnished by their em.: upon the dry lands of the West whatever is necessary to make them ployers, get their duplicate receiver's receipts, and immediately trans­ useful and productive. Ten years ago I was familiar with South­ fer their claims to their employers, receiving the agreed consideration western Kansas. Even then that sectio.:1 of tha.t magnificent youn~ for their rascalities and peijuries. The employer, who is of course an State was regarded as a part of the great desert. .Millions of acres of "innocent purchaser," takes possession of the land and looks after the land were lying waste and idle, except in so far as they -were used as subsequent issue of t~e patent. Can the laws be thus evaded? Can grazing lands for cattle-herders. Occasionally some pioneer would vent­ the Government be defrauded and the people cheated by this sort of ure out into the Southwest beyond the confines of civilization, locate jngglery? Does such a proceeding vest any title in anybody? Did a homestead, and plant a crop, which was sure to perish under the the pre-emptor acquire anything he could convey to his employer? His witherin~ blight of the rainless summer, and that would be the end of deed would be but a quitclaim at best; the title remains in the Gov­ him. When I first traversed that country ten years ago-::-eight yen.rs ernment. The man who comes for a parent must bring a clean record, ago-I saw frequent evidences of those fruitless and abandoned efforts or else he may be lawfnlly denied. at settlement. Section 2263 of the Revised Statutes prov.:ides that "prior to any en­ Whatever may have been the cause, certain it is great climatic tries being made under and by virtue of the provisions " of the pre­ changes have occurred in that section. The ra:infull there now is amply emption law "proof of the settlement and improvement thereby re­ sufficient, and as the climate is healthful, the soil fertile, and the coun­ quired shall be made to the satisfaction of the register and receiver of try beautiful thousands ofhomeseekers have emigrated there, and it is the land district," &c., " and all assignments and transfers of the right developing into one of the most prosperous ag.ricultural sections of the hereby secured prior to the issuing of the patent shall be null and void.'' Union. As a matter of fact I know that these same changes are man­ I maintain that a pre-emptor before the issue of a patent can pass ifesting themselv-es farther to theWest, and I believe, in the providence nothing by his conveyance to the prejudice of the Government unless of God, the time is not far distant when the fertile plains of all the great his entry was honestly made in compliance :with the law, and that doc­ West will be adapted by natural means to all the uses of mankind. trine is sustained by the decisions of the Supre~e Court. No, sir; I But if that should not be, it might not be unwise for the Government repeat, there is nothing in law, equity, or good morals that can justify itself to make the irrigation ~f our public lands a national work. At or excuse this legislation which proposes to legalize rascality and offer all events it will do no harm if we proceed only as there is necessity a premium to perjury, and the proposition should be promptly and in­ for advancement. dignantly rejected by the House. There is little of our public domain left to us outside of what is em­ There is another proposition embr~ced in section 7 of the Sena+e braced in the mountain and so-called desert regions. 'l'he homes of the amendments to which I could not agree without great relnctance.and future must be found there if found at all. The whole world is pour­ misgiving as to its wisdom. That is, the proposition to make another ing its population in upon us. We are growing too fast. "Already wo classification of the public lands, to be designated as "mountainous are unable t~ furnish employment to our laborers. EYerywhere there land," and to authorize_the appropriation of 320 acres as a homestead. is unrest and discontent. In the great centers of population we are The section provides that whenever three-fourths of any 40-acre tract daily confronted with evidences of social conditions and industrial dis­ of the surveyed public lands is so mountainous and rough that it can orders that excit~ the gravest apprehensions. It takes no prophetic eye not be plowed and cultivated it shall be deemed mountainous land to see the day when we must meet the dangers of an overcrowded within the meaning of the section. It is proposed therefore to give a population. . homesteader 240 acres of land he can not cultivate,·in order to induce Sir, our experiment at self-government-our capacity for self-go,ern­ him to accept 80 acres that he can cultivate. In thefi.rstpl.aceidonot ment-has never yet been put to the test. There was no question of believe the real honest homeseeker-the man who expects to reside seli:.government involved in our civil war. From our earliest history upon the land and support his family out of the products of the soil­ there had been differences of opinion as to the organic nature of our needs any such inducement. I can not see to what beneficial use a Government and the constitutional relations existing between the States small mountain farmer could devote 240 acres of yawning chasms and and the Federal Government. Those differences were the basis of pollti­ towering mountain peaks. I can see how it is possible for men of am­ cal parties and the fJ:uitful source of political agitation. The contro­ ple means who desire to control large water fronts to realize some ad­ versies which grew up out of those antagonisms were intensified by vantageoutofsuch an enactment. Butasidefroma.U that, I am strongly social and industrial conditions which finally provoked a bloody and opposed to giving away the public lands in large tracts to single indi­ disastrous war. But at no time did anybody ever question the capacity viduals. There are two policies touching the disposition of our public of the American people for self-government, or consider that question lands which have their respective advocates upon this floor and else­ at stake in the issue. But the time is fast approaching when that great where throughout the country. One contemplates a rapid disposition crucial test will force itself upon us. Every year we add millions to of the pnblicdomain, while the other seeks to husband and preserve it our population, not only those who are born and reared in the faith of with jealous care. One is a policy for the present only, while the other, republican institutions but of those who come to us with strange no­ not unmindful of the present, looks down into the long future befo~e tions from abroad. us. . In a little while we will be fuce to face with that dangerous problem Gentlemen who live in Western States and Territories, ambitiotis to which now confronts the older countries of the world-what are we outs trip their neighbors and full of the dash and inspiration of Western going to do with the people? Then the test will be upon ns. As long enterprise, welcome whatever will quicken their growth, hasten their as we have public lands which we can offer as homes to these people­ development, and increase their local prestige and importance. They as long as they have .some place to go and toil and live-the dange.:.: I are burning with anxiety to have their waste lands occupied, and grow speak of will be delayed; and when it comes, the more people we have impatient at whatever they imagine is calculated to delay their prog­ npon farms engaged in agriculture and owners of tl:te land the better ress in this respect. I know that is very natural, Mr. Speaker, and will we be prepared to meet it. The very day a man becomes a laud­ perhaps commendable; but in so far as that progress depends on a owner, sheltered under his own roof, with the means of living at his prodigal donation of public bnds as an inducement to emigration, I command, he becomes personally interested in maintaining order and think it the better part of wisdom to make haste slowly in that direc­ preserving intact the institutions of his government. tion. I believe the true policy of the Government should be to pre­ It is in this view I say wise statesmanship urges the adoption of that serve its lands for small holdings for many people, rather than bestow policy with reference to our public lands which makes them most use­ them lavishly upon a few. For that reason I regard the proposed ful to the largest possibl!! number, and it is because I am so deeply measure as an unwise one, and for the same reason have felt anx,ious impressed with this conviction that I can not willingly support any 7164 CONGRESSIONAL RECORD-HOUSE. JULY 19, measure having a contrary tendency, and for the same reason I would and I desire to call attention to the fact that those lands were obtained rejoice if the desert-land law could be oblit-erated from the statute-book. from the Osage Indians upon co1;1dition that they should receive a These are the two chief objections I have to the Senate amendments. dollar an acre from the Government for the lands. This Senate amend­ Mr. PERKINS. I move that the House recede from its disagree­ ment preserves the present statute on that subject. Thatstatute I will ment to the Senate amendment to the fir.;;t section of the House bill, send to the Clerk's desk and have read, and. then I shall be glad to have and agree to the same. I ask to have it read. some gentleman here who advocates tb~ Honse bill tell nswhythe sec­ The Clerk read the first section of the bill as it passed the House, as tion should not remain ns a. part' of the public statutes of the land. as follows: The Clerk read as follows: That chapter 4 of title 32, excepting sections 2275, 2276,2283, 2286,2288, and sec­ SEc. 2283. The Osage Indian trust and diminished reserye lands in the State tion 2299 of the Revised Statutes of the United States, and all other laws allow­ of Kan'tas, excepting the sixteenth and thirty-sixth sections in each town~hip, ing pre-emption of the public lands of the United States, are hereby repealed : shall be subject to di!'posal, for cash only, to actual settlers, in quantities not ex­ PrO'IJ'ided, however, That this repeal shall not affect any valid rights heretofore ceeding 160 acres or one quarter-section to each, in compact form, in accordance accrued or accruing under said laws, but all bona fide claims lawfully initiated with the general principles of the pre-emption laws, under the direction of the before the passage of this act may be perfe~t~d, upon due compliance wit.h law, Commissioner of the General Land Office; but claimants shall file their declar• in the same manner, upon the same terms and conditions, and subject to the same atory statements as prescribed in other cases upon unoffered lands, and shall • limitation, forfeitures, and contests as if this act had not been passed: And p1·o­ pay for the tracts, respec~ively, settled upon within one year from date of set­ -oided further, That any person who has not heretofore bad the benefit of the tlement whet·e the plat of survey is on file at that date, and within one year pre-emption law, and who bas failed, from any cause, except by sale or disposal from the filing of the township plat in the district office where such plat is not of his right thereto, to perfect title to a tract of land her.etofore entered by him on file at date of St:tUement. under the homestead laws, may make a second homestead entry in lieu of the pre-emption privilege hereby repealed. Mr. PERKINS. Those who have listened to the reading of that sec­ The Clerk read the amendment of the Senate to the first section of tion will observe that under its provisions actual bona fide settlers are the House bill, as follows: the only persons who can obtain a title to any of these lands, and that ~ Strike out all after the enacting clause and insert: · in consideration of the lands which they acquire by their set.tlement "Be it enacted, &c., That section 2299 and section 2301, and chapter 4 of title 32, they are required to pay to the Government $1.25 per acre, and the excepting sections 2275, 2276, 2283, 2286, and 2288, of the Revised Statutes, of the United St.e.tes, are hereby repealed: Provided, however, That tWs repeal shall Government is required to pay the Osage Indians $1 per acre. If that not affect any valid rights heretofore accrued or accruing under said laws, in­ provision of law be stricken down by the action of Congress we will cluding the right of such persons as have entered contests to make entry of the still be obligated to pay the Osage Indians $1 an acre for those lands, land the subject of such contest, as provided by existing law; but all bona fide claims lawfUlly initiated upon surveyed or unsurveyed lands before the 1st day but we shall have no provision for the sale or disposition of t:bem to of October, 1886, may be perfected, upon due·compllance with law, in the same actual bona fide settlers except such as may take them under the home­ manner, upon the same terms and conditions, and subject to the same limita­ stead law; and if the lands are taken under the homestead law~ the tion, forfeitures, and contests as if this act had not been passed; that all entries made under the pre-emption or homestead laws, on which final proof and pay­ obligation will still rest upon the Government to pay the Osage In­ ment may have been made and certificates issued, and to which there are no dians the $1 per acre. adverse claims originating prior to final entry, and wWch may have been sold Mr. PAYSON. Will the gentleman permit me to interrupt him, prior to the 9th day of June, 1886,. and after final entry, to bona fide purchasers, for a valuable consideration, sbnll be confirmed and patented upon presenta­ because I know he desires to be accurate about this. tion of satisfactory proof to the Land Department of such sale: .Ana ;providedfur­ Mr. PE.RKINS. Yes, sir. . ther, That any person who has not heretofore had the benefit of the pre-emption Mr. PAYSON. The section ofthe statutes, 2283, to which thegen­ law, and who has failed, from any cause, to perfect title to a. tract of land here­ tofore entered by him under the homestead law, may make a second bomest~d tleman refers, and which he says should be kept on the statute-book, entry in lieu of the pre-emption privilege hereby repealed; but this provision is expressly reserved in the House bill. It is not affected directly or shall not apply to persons who shall perfect title to lands under the pre-emption indirectly by the bill, but is expressly reserved from repeal, and the or homestead laws under proceedings already initiated: .And provided ju1·the-r, That all outstanding certificates of deposit on account of surveyA heretofore gentleman is, therefore, entirely in error in his criticism upon the Pub­ issued under the provisions of sections 2401, 2402, and 2403 of the Revised Stat­ lic Lands Committee. They agree ·with him in what he says, and have utes, and acts supplemental thereto, shall be receivable as cash (except for fees reserved that section from the operation of the, repeal. and commissions) in the sale and disposal of public lands, at the land-offices at which such certificates ar~ now receivable in commutation of homestead and in .Mr. PERKINS. If the gentleman from Illinois [Mr. P .AYSO:N] is payment for pre-emption claims: Andprovidedju1·th.er, That all certificates here­ correct in his statement, and it may be that he is, although in the hasty tofore issued by the Commissioner of the General Land Office to soldiers, or examination that I have been able to give the Honse bill, comparing their widows, or their minor children, under section 2306 of the Revised Stat­ utes, may be located by the original beneficiaries, their heirs, legal representa­ it with the Senate bill, I got t.he impression that it repealed this sec­ tives, or assigns; and upon such location patent shall issue in the name of the tion of the statutes-- locator." · Mr. PAYSON. Mr. Speaker, let us understand each other. I not ?l!r. PE.RKINS. I desire to call the attention of the House briefly only may be accurate but I am acc·urate; for I hold in my hand a. pr.int to the amendments that are to be found in this first section of the Sen­ of the bill as it passed the House, certified by the Clerk on the 7th ate bill. And as it has been exceedingly fashionable of late to traduce day of June last, and the first three lines of it read: "That chapter 4 . and defame those men who are settling those prairies of the West and of title 32, except sections 2275, 2276, 2283," &c., thus expressly ex­ converting them into thriving communities, and as it has been fashion­ cepting section 2283 from the repeal. able to impugn the motives of every man who stands on this floor and .Mr. COBB. It is excepted also, I think, in section 5 of the bill. who speaks for them, I desire to say briefly, so far as I am personally Mr. PERKINS. Mr. Speaker, since the gentleman bas called my concerned, I have no personal interest in this bill. I do not know of attention to that part of the House bill, I a.m satisfied that he is cor­ a. single foot of public land remaining in my Congressional district, rect; but, as I have stated, I had marked that as one of the amend­ and I have not now and never had any pecuniary or other interest with ments, and had overlooked the fact that the exception was made in any man engaged in securing from the Government of the United States the House bill. I, of course, agree with the gentleman and with the a. foot of public land, and hence I have no personal or political interest committee that that section should not be repealed, and hence there is in the contest growing out of the proposed -report of the pre-emption no objection to eo much of the Senate bill as preserves that section. and other statutes pertaining to our public domain. The next amendment which I desire to call to the attention of the But I know the importance of this legislation to the people of the House is the one commencing on line 20 of the Senate bilJ, which pro­ West, and I am fatigued and tired of the accusations thab are ma~e vides that- here against men who are reclaiming that territ-ory from the desert that All entries made under the pre-emption or homestead laws on which final bas heretofore dominated there. And I am fatigued at the insinuations proof and payment have been made and certificates issued, and to which there are no adverse claims origina.tingprior to finalentry,and which may have been and accusations made here against men at the other end of the Capitol sold prior to the 9th day of June,l886, and after final entry to bona fide pur­ who have framed and brought into being these Senate amendments; chasers for a valuable consideration, shall be confirmed and patented upon pre­ men who have participated in the growth of these Western common­ sentation of satisfactory proof to the Land Department. wealths, and who from personal experience and observation know the . AU that there is in that Senate amendment is to protect the honest, working of the different statutes: and the difficulties those frontiersmen bona fide purchaser in the title that he. supposed be was securing from have to contend with. the settler of the land. It provides that where there is no adverse The Senate bill is largely the product of the Senators from those claim and where the land bas been sold oy the settler to an honest, Wesliern States who know the necessities of their people and who know bona fide purchaser the entry shall be confirmed and approved and the the practical working of the present land laws; and to stand here to patent shall issue to the present owner. Is that wrong? Should this impugn their motives is, it seems to me, rather audacious at least for House become a party to any other declaration or to the assertion of men who know nothing from personal experience or practical observa­ any other principle? Is it to be the policy of this House? Shall this tion of that section and the working of these land laws. And I have body decJare that if a man, in good faith and with honest purposes, no hesitancy in saying that I have as much confidence in their integrity goes upon those Western prairies and buys 160 acres from the settler and have much more respect for their intelligence than I have for the his purchase shall not be approved, a patent shall not be issued to him integrity or intelligence of the men who make these accusations against for the land so purchased? the settlers on those frontiers and the man who presides as Commissioner .Some one may suggest in opposition to this that the original settler of the General Land Office. may have been a fraudulent one; that he may not have conformed in The first amendment to which I desire to can the attention of the all particulars to the requirements of the land laws. Concede for the Rouse is to be found in line 7 of section 1 of the Senate bill. It re­ purposes of the argument that that is true; should the honest, bonafide Berves from the operations of this bill section 22H3 of the general stat­ purchaser suffer in consequence? The Senate amendment does not pro­ utes. That section pertains totbeOsagetrustand ceded lands. Should pose to protect those who were parties to the fraud, if frauds werta the House bill pass, there is no provision in it pertaining to those lands; praeticed. It proposes only to protect the honest, bona fide purchasez.. 1886. OONGRESSIONA:L RECORD-HOUSE . . 7165

The decJB.ration is that where there are no adverse claims originating currence in the Senate amendments and the bill is to be enacted as prior to entry, or where the land has passed into the hands of honest, passed by the Honse, no provision is made for this worthy class; and bonafide purchasers prior to the 9th day of June of the present year, it must stand as the settled policy of this Honse that these soldiers, · the entries shall be confirmed, and in the course of time the patent shall their widows and orphans, are not deserving of consideration or protec­ issue to such bona fide purchaser. tion at the hands of this body. If that is the position in which this If that is not to be the law, if some other practice is to be inaugu­ House is to place itself, I do not desire to take from it the credit or the rated and justified by this body, what will be the result? Will this glory of such legislation. . body become a party to the wrong that might be practiced, the great Mr. Chairman, I shall perhaps have occasion to speak of the other injury that might be done to the honest purchaser, if after he has in­ provisions of the bill as this discussion proceeds; but I desire now in vested his money in the land, bas moved upon it and taken possession connection with this first section to yield twenty minutes to my col­ of it, all his right is to be stricken down, all his interests destroyed, his- league (Mr. PETERS]. • ~ home taken from him, because, fm'Sooth, the original occupant, in the :Mr. PETERS. Mr. Speaker, no one can condemn more severely than judgment of the Commiss-ioner of the General Land Office, was not there I do the acquirement of any portion of our public domain by ·cattle in good faitll and for honest purposes? syndicates or by aliens. If I had the power I would prevent any alien If, in the judgment of the Commissioner, the original occupant was from owning a foot· of land in the United States. I believe the time not there in good faith and for honest purposes and did not conform to is coming, even if i~ is not now at band, when every foot of land we every technicality of the land Jaws, his entry is to be set aside, the pur­ possess will be required for the use and occupation of oux own popula- chaser in good faith is to be stricken down; and for whllt purpose? The tion. gentleman from illinois [Mr. P .AYSON] or the gentleman from Indiana So that when persons get up here and say that those who are opposed LMr. CoBB] may suggest, for thepurpose of permitting an honest occu­ to the passage. of the House bill, are favoring large corporations and pant to go upon the land. But there is an honest occupant there now; aliens, are favoring the giving of any portion of our public domain io there is a man there who bas invested his money in good faith and is 3liens or cattle syndic.ate~, they are mistaken at least so far as I am con- . doing what be can for the cultivation of the soil. He it is who by the cerned. Senate amendment is to be protected and only he. I wish now to call the attention of the House for a few moments to This is an important amendment, and one which, it seems to me, if what I consider one of the crucial matters connected with this bill. I we desire to do justice, should be ratified and adopted by the unan­ care not what .may be said in relation to the amount of land which bas imous declaration of this House. If that is not to be the law, then, as I been held by these cattle syndicates or by these aliens for cattle ranches, suggested a moment ago, what is to be the effect? Shall it be the law not one foot of it can be 1'3ld under the Senate bill. of this land that some one seeking a home upon the public domain may Let me refer to the affidavit required to be made by the pre-emptor. come along and settle upon the 160acresofland which a man has pur­ ·I will only refer to that portion of the section of the Revised Statutes chased in good faith, upon which he has established a home, whiCh he which particularly bears upon the point I am about to make, that is has been cultivating, and in which at the purchase and since be has in­ section 2262, one of the sections which is repealed ~ by the proposed bill. vested his money? Section 2262 provides: Shall all that be taken from him by a settler who has not invested a Before any person clniming the benefit of tilis chapter is allowed to enter dollar and who has no prior right? Yet that will be the effect if the· lauds, he.sha.ll make oath before ~he receiver or register of the land district in which the land is situat~d that--he has never had the benefit of any right of pre­ Senate amendment is not accepted, because it is the decision of the emption under section 2259; that he is not the owner of 320 acres of land in any Commissioner of the General Land Office that if the original occupancy State or Territory; that he has not settled upon and improved such land to sell was wrongful or unlawful, if the law was not conformed to in all its the same on speculation, but in ,good faith to appropriate it t.o his own exclusive ute; and that he bas not, direetfy or indireetly, made any agreement or con tract, vigor, then the purchaser in good faith gets nothing by the investment in any way or manner, with any per8on whatsoever, by which the title which be of~is . money, and his righ can not be xecognized by the subsequent ·might acquire from the Government of the United States should inure in whole action oftbe Land Office. The Senate amendment is one which I sub­ or in part to the benefit of any person except himself. mit should secure the commendation and approval of this House. That is the S"Ubstance of the affidavit which the pre-emptor must Another of the Senate amendments provides: make before he can enter upon and obtain a quarter-section of land That all outstanding certificates of deposit on account of surveys heretofore under the pre-emption law. issued under the provisionsofsections 2401, 2402., and 2403 of the Revised Statutes How is it claimed these cattle companies obtain title? It is well and acts supplemental theret-o, shall be receivable as cash (except for fees and commissions) in the sale and disposal of public lands, at the land offices at which known to tbose·familiar with these matters that a man sends bjs herder such certificates are now receivable in commutaUon of homestead and in p:ly­ out to settle on 160 acres of the Government land. He furnishes him ment for pre-emption claims. with the money to make the entry and prove it up. . H6 lives on it for Under the sections of the Revised Statutes mentioned in that Senate six months. He is furnished with the money to make payment with amendment certificates have issued to men who organized themselves the understanding after he obtains title to it, that he shall transfer it to into bodies or companies and depos-ited money fox the purpose of secur­ the party who furnished him with the money. Is there any man who ing a survey of the public lands. will say that an alien obtaining a quarter-section of land in that method, Mr. PAYSON. It may save time for me to state to the gentleman can obtain a valid title as against the Government? I assert be bas no that there is no ilisagreement beeween the House and the Senate con­ title, that it is not worth the paper upon which it is written if the offi­ fei·ees with reference to that provision. cers of the Land Office do theix duty. Under the amendment proposed Mr. PERKINS. Well, that is one of the Senate amendments; and by the Senate bill, a title obtained nnder such circumstances is abso­ I ask that the Senate amendments to this entire section shall be rati­ lutely null and void. fied by this Hoose. As I understand now from the gentleman from Mr. STONE, of Missouri. Suppose this bill passes? lllinois, he consents that the House should accept that amendment. Mr. PETERS. I say if this bill passes the title of such a man is It is an important amendment, because, as I was about .to S"Uggest, not worth anything, because he is not a bona fide purchaser and can not settlers who go in advance of the S"Urveyor, in advance of railroads, in be. He can not claim to be a bona fide owner when he has sent his advance of civilization, find themselves occupying public lands not sur­ herder to goupon the public land, make an entry, and prove it up. Is veyed, and they organize themselves into little bodies or parties and there any court in Christendom: though a land court, which would deposit money to meet the expenses of sDITeying their lands, and upon hold he was a bona fide purchaser? S"UCh deposit certificates are issueci to them. · I beg you to notice in the Senate bill, in line 20, first section, it is In the bill as passed by the House no provision is made for them; provided: . no protection is given them. The Senate in considering these ques­ That all entries made under the pre-emption or homestead laws on which to final proof and payment may have been made and certificates issued, and to tions found it proper and deemed it necessary to make some provision which there are no adverse claims originating prior to final entry, and which for them; and I am glad to bear the gentleman from Dlinois say that may have been sold prior t.o the 9th day of June, 1886, and after final entr}'- in the judgment of the Committee on Public Lands of-this IIouse that To whom? amendment is a good one. to bona .fide purchasers- Another amendment embraced in the first section is: And for what? · That all certificates heretofore issued by the Commissioner of the General to bona fide purchasers, for a. ..,.alunble consideration, shall be confirmed and Land Office to soldiers, or their widows, or their minor cllildren, under section patented upon presentation of satisfactory proof to the Land Dep1utment of 2306 of the Revised Statutes, may be located by the original beneficiarieS, their such sale. heirs, legal representatives, or assigns; and upon such location patent shall issue in the name of the locator. · Title is to be confirmed simply to bona fide purchasers for a valuable Consideration. Everybody else is cut out. The cattle syndicate is cot As the bill passed the House, no provision of this kind was made. out. Every man who is a speculator is cut out. He can not be a bona I do not know whether in the judgment of the Committee on Public fide purchaser, for the Senate amendments say be must notonly be a Lands this amendment should be accepted or not. It isembraced in bona fide purchaser, but he must be a bona fide purchaser for a •aluable the first section of the bill as passed by the Senate, which I ask shall consideration. The whole matter is placed under the control and ju­ be accepted by this body as a substitute for the first section of the risdiction of the Commissioner of the General Land Office. bill as passed by the House. Under the section of .the Revised Stat­ . The Commissioner of the General Land Office will take care that the utes here indicated, certificates have issued to soldiers, their widows man who is• not a. bonafide purchaser obtain no title tinder tbislaw? or minor children, and being thus held, they should be validated and Mark the language of the proposed law. It says: protected by this great Government; yet if the House bill is to be Shall be confirmed imd pal~ntcd upon satisfactory proof to the Land Depart­ adopted as the law of the land, if this House is to persist in non-con- ment of such Bale. 7166 CONGRESSIONAL RECORD-HOUSE. JULY 1~,

What kind of sale? Why, sale to a bona fide purchaser for a valuable have to pass upon, being a question of law and depending upon the consida:ation. And unless it is shown to the Commissioner of the Gen­ facts in the case. I believe if the purchaser was gnilty of snch gross eral Land Office, or '' of the Land Department '' are the words used negligence; if the fraud of the settler was apparent; if the purchaser here, that it was for a valuable consideration, and that the sale was had not taken any pains to see whether there had been a compliance or made to a bona fide purchaser no:tte of the provisions of this act apply not, his ignorance might be of such a character that he could not be re­ and no title passes. garded as a bonafide purchase-r. Unless that prQOf is made to the Land Department all provisions of Mr. ADAMS, of lllinois. Wonld he not get his patent from the Lllnd law in relation to ferreting out of fraud, just as they now exist, will Office? Would the burden of proof be on the Land Office to show continue in force. The Land Commissioner can under that act send whether he had been in collusion or not? Suppose the pre· emptor out his detectives, examine the condition of the public lands, look into goes on and does not comply with the law, and, after having pru:tially the question wherever fraud is supposed to exist, and can suspend the complied with the law sells to a man, and ~hat man does not investi­ entries and refuse to issue patents if fraud shall be discovered. gate the fact, but takes the receipt, or whatever title the pre-emptor had, You· will see, then, Mr. Speaker, that under the Senate amendment who goes to the Land Office to get the patent. Is it not the purchaser it is only the bona fide purchaser, it is only the innocent and honest who gets the final receipt? pre-emptor that is protected, and the land rascal, the land-shark, the Mr. PETERS. Ob, no; it is the settler. He must make the proof land speculator is the one that is punished by the Senate amendment. to the Land Office of having complied with the law and he must make There is the difficulty with the House bill. It punishes the innocent that proof before he can sell. He can not sell before he gets the final man with the guilty. It takes the pre-emptor, who in good faith en­ receipt. He may, but it is in violation of law and the sale would be tered upon a quarter-section of land, complied with all the provisions invalid. of law, improved his claim, obtained a final receipt, and paid his money, But in order to obtain this final receipt the pre-emptor must make mid puts him upon the s:1me footing, subject to the same penalty, sub­ certain proofthat he has complied with the law; thathehasmadecer­ ject to the same peculiar delays, annoyances, and expensive litigationf tain improvements; and all that proof must be made to the land offices, that it does the land-shark, the land speculator, or the alien who is and they must pass on the question and determine whether he has com­ trying to obtain a ranch. It is to that provision I object. I am will­ plied with the law. They take the proof and send it to the Commis­ ing that every man who has obtained land for the purpose of getting a sioner of the General Land Office. And then this law says if this proof cattle raneh and who has obtained it fraudulently shall be deprived is satisfactory to the L:1nd Department it is :ill right, but if not satis­ of it. factory then the entry can be suspended. I want him to be deprived of it. I wanteveryquarter-sectionofthat There is one other provision to which I desire to call attention. That land to go to the pre-emptor who complies with the law honestly and is in connection with the eighth section. The eighth section provides in good faith. I want the honest pre-emptor rewarded and the dis­ that nine months after the issue of the final receipt-it is not title; honest pre-emptor punished, but I will not quietly submit to have the some gentlemen in arguing this question have spoken of it as title; it honest pre-emptor, who has entered upon land in good faith and com­ is simply prima facie evidence of a man's right to a title, that is all­ plied with the law, placed in the same category as the dishonest pre­ within nine months of the issuance of this final receipt, that is, within emptor who has possession of the land but who has never complied with nine months after he has made all the proofs required by the local land the law, or with the dishonest purchaser who is an accessary to the at­ -office of compliance with the law, all protests must be made and con­ tempt to defraud the Government. test instituted, otherwise they can not be instituted after that. Now, Mr. BROWN, of Pennsylvania. I want to suggest to the gentleman that is nothing more than righp and fair. The gentleman from llli­ fi.'Om Kansas that it may be difficult sometimes to tell who the honest nois [~1r. PAYSON] says it would be impossible to do this. · It re­ purchaser is. May it not be well to say that it shall be to the honest quires at least six months living on the land before the pre-emptor can purchaser and settler also, so as to combine the two. - obtain title under that law; then it requir~ the nine months, which Mr. PETERS. He can not be an honest settler if he does not comply make fifteen months that that title is under inspection by the neigh­ with the law. borhood. At any time within that period it may be brought to the at­ Ml:. STONE, of Missouri. The statute says purchaser, not settler. tention of the local land:office, of the Land Department, or to the atten­ ~fr. PETERS. And it is not necessary for the purchaser that he tion of anybody, and anybody can file a protest against that man's should be a settler, because he purchases from the settler. But let me obtaining a title to that land. Certainly that period of fifteen months illusb:ate this point: Suppose you go upon a piece of land I will say gives ample time, and to extend it longer is an injustice to: the man with the intention of complying with the pre-emption law so as to get who honestly goes upon i:he land and endeavors to obtain title under the title, and that you had, as you thought or pretended to think, com­ the pre-emption law. ·plied with the pre-emption law and attempted to sell that pre-emption Mr. STRUBLE. Does not very much depend on the quality of the tract to another man. Would that man buy it without looking-at it to land as to that oeing sufficient time-whether it is desirable on the see whether you had complied with the law or not? What would he part of others to seek it? do? He would go and look at the land; he would see whether you Mr. PETERS. It does to some extent. bad built upon it, whether you had made certain improvements upon There is one other provision to which I desire to call attention, it required by the law, if he was a business man. If he was a man who the provision arraigned so severely by one of the gentlemen who have desired to protect himself he would undoubtedly make careful exam­ spoken, I believe the gentleman from lllinois [Mr. PAYSON]. It is ination, and if he could see that you had not complied with the law that which provides that all these proceedings shall be instituted by and purchased with his eyes open with full knowledge of those facts, the Attorney-General in the United States courts. Now, what are the could it be claimed that he was a bona fide purchaser? Would he be facts in relation to these contests before the land offices? They are au ·entitled to the claim with full knowledge of the fraud that you had expensive as a trial wonld be in the United States district court, be~ committed upon the Government? Such a person would not be a bona cause these men who pre-empt the lands are not in the vincinity of the ji4e purchaser. land office; they are often many miles distant from it; they are often Mr. BROWN, of Pennsylvania. But the idea is that the purchaser required to go many miles and take their witnesses many miles to • himself should become a settler ~pon the land. That wonld be a pro­ reach the land office, and have to bear all the expenses incident to a tection. contest of that kind before -the local land office; and the contest before Mr. PETERS. But that is not the idea of the law. the local land office settles nothing, because an appeal is almost alway-s Mr. ADAMS, of Illinois. Let me ask the gentleman whether in the taken to the Commissioner of the General Land Office, and very fre­ case he suggests where the person did not exercise that business caution quently from the Commissioner of the General Land Office to the Sec­ and by his carelessness, without going upon the land to see whether retary of the Interior, involving a large and enormous bill of expenses. the pre-emptor had complied with the law or not he had made the pur­ The final decision can only be obtained by an appeal to the highest chase, whether the Senate amendment protects him? authority, the Secretary of the Interior. Mr. PETERS. It does not. It wonld be less expensive therefore to have the proceedings to de­ Mr. ADAMS, of Tilinois. For of course it might be a case of col­ termine the right to the land instituted in the United States court, lusion between the parties, and that is what I had in mind in asking where judgment will be final. the question. The SPEAKER. The time of the gentleman has expired. Mr. PETERS. If there was collusion between the pre-emptor and Mr. PERKINS. I yield my colleague four minutes more. the purchaser to defraud the Government, then such;purchaser wonld Mr. PETERS. There is another fact about it in this connection to not be protected by the bill. He would not be a bona fide purchaser which I desire to call attention. These land officers, the reo

Upon a piece of land and complied with the law honestly and faith­ upon the public domain protected. It is proposed to determine the dif­ fully, where his very home is at stake, he is entitled to have his right ferences between the party seeking to obtain title and the Government to that land tried before a judge who is versed in the law and before a in a court of justice, the decisions of which parties have some respect jury of his peers. and in which they have some confidence. · If the Government desires It is nothing more than fair and just. Therefore I claim that upon to set aside a title after final proof and before a certain lapse of time; the question of axpense, as well as upon the question of justice and let it come into court and do it the same as private parties in like cases. right, the provision that all of these proceedings should be instituted ~tit begin its action; then cite its witnesses, bnng them into court, in the United States courts is a proper one and constitutes a weighty and have the weight of their testimony passed upon by that tribunal argument in favor of the Senate amendments. and under the established rules of evidence. ' Mr. PERKINS. Mr. Speaker, I yield ten minutes to the gentleman What is the rule or procedure when a party desires to obtain title to from Dakota (Mr. GIFFORD]. a portion of the public domain? He has to advertise his intention of Mr. GIFFORD. M:r. Speaker, it is not my purpose to impugn the making final proof in certain ne"wspapers that are prescribed by the motives of the Commissioner of the General Land Office. It is his pnb- officers of the local land office. That notice goes forth to the world. 1:ic a eta and the matters that are of record in his bureau, so far as they are It is furnished to the officers of the Government. It is furnished to connected with this bill, with which I desire to deal. We are told by other persons who desire t-o contest or object to the proof und, even af­ those who are opposed to the adoption of the Senate amendments to the ter the proof is taken, months elapse within which time contestants Honse bill that the purpose of the House bill is to prevent frauds upon may file their contests or objections to this final proof. This is a com­ the public domain. We are told that the repeal of the pre-emption and plete answer to the argument that a fraudulent proof may be made the timber-culture laws is essential to prevent frauds upon the public do­ without notification to the Government and parties who desire to ob­ main. Now, this pre-emption law has been in existence nearly half a ject to it. Ample notice is given to the Government and to all parties century. It is true that it has not at all times required settlement and of the time and place when the proof will be taken, that they may ap­ continued evidence in order to perfect a title under it, but so far as pear and object if they choose. the law is concerned, and so far as acquiring title under the law in Mr. PAYSON. The gentleman will permit me to say that the Sen­ some form is concerned, that right has been extended to the people for ate amendment abrogates the very provision which he is now indorsing, a great many years, and a great portion of the West has been settled and by a repeal of that provision of the law provides that no such pub­ under its provisions. lication need be made in any newspaper. Mr. Speaker, in what manner does the exercise or attempt-ed exercise Mr. GIFFORD. That is not a p:rovision of law; it is a rule of the of rights under these laws permit fraud to enter into the acquiring of Department. titles under them? Our friends tell us that the fraud is perpetrated Mr. PAYSON. No, sir; it is a provision of law, to which I will re­ in the matter of settlement, alleging settlement when there~ in fact fer the ge.Htleman befo:re he sits down. Section 11 of the bill as passed none. It occurs to me that whatever fraud enters into the acquiring by the Senate repeals that provision which the gentleman is now in­ of title to the public domain under these laws comes through the pro­ dorsing. cedure under the hlws in making proof of settlement or compliance Mr. GIFFORD. Well, if I ha.-e understood correctly, it is a rule with them. Now, what is that procedure? What l?Ort of proof do of the Department, and the Department is daily making rules in refer­ parties introduce when they wish to acquire titles under these laws, ence to matters of this kind. At one time it allowed parties t-o make and where and how are those proofs taken? They are taken before their proofs before ministerial officers, snch as clerks ofcourts, &c. Now persons who are appointed without any regard to their knowledge of the party desiring to make final proof must appear in person before an judicial rules or of the rules which determine the weight to be given officer of the General Land Office. The rules in reference to these mat­ to evidence. The same proof is presented before another tribunal upon ters have varied repeatedly during the last fifteen years, since my atten­ appeal or review, and whatistheresultthere? Wha.tso.rtof a tribunal tion hns been called to them. or board is it, and how is it constituted? I charge it upon the General But the simple fact is, that the Senate amendments in their purpose Land Office, without fear of successful contradiction, that there is a.n and scope seek to change \he procedure under existing law so as to de­ absolute lack of discrimination between the honest and the dishonest termine more fully the respective rights of honest and dishonest claim­ settler or claimant. ants. Look at the record of appeals from the Commissioner of the Gtmeral So far as the notice required to be given by parties desiring to make Land Office to the Secretary of the Interior, and look at the reyersals of proof is concerned· and the statute governing it they are excellent pro­ the decisions of the Commissioner. Why, sir, the cancellations of final visions and I am opposed to the reveal of the statute. But what the proofs made by the General Land Office and overruled or suspended settler justly complains of is, that after he fully complies with the upon appeal are in the proportion of three honest to five dishonest claims. law, bears the bnrden and expense incident to making proof, then he What other Department, judicial or otherwise, could stand a. moment feels that his title is far from being safe. No matter how suffiCient and with that record? It is ·unnecessary, I say, to impugn the motives of complete may be his evidence, his proof is liable to be ~eeled years the Commissioner of the General Land.Office. It is sufficient for us to after it is made, and himself, heirs, or assigns put to .the expense and know that either the laws by which the .rights of claimants aud others annoyance of employing counsel and conducting an appeal. The claim­ are dete.."lll.ined are either miserably defective or else many of the officers ant seldom has confidence in the board or tribunal which passes upon charged with the administration of these laws are miserably incompe­ and decides his case. tent. One thing is beyond dispute, the decisions of the General Land The experience of thousands upon thousands forces every claimant Office are scoffed at and looked upon with contempt by nearly all par­ to the above conclusion. ties who are acquainted with its practice and work. It certainly does This is a notorious fact beyond dispute. It is these defects and these not possess the confidence of the litigants whose matters are there de­ evils in our land system which the Senate amendments are designed in termined. part to correct. If there is any defect in these laws as to the manner of acquiring [Here the hammer fell.] title to the public domain, then correct the law and correct the proced­ The SPEAKER. The ten minutes of the gentleman from Dakota ure, but do not sl~nder and vilify the honest settlers who are attempt­ (Mr. GIFFORD] have expired. The gentleman from Kansas [Mr. PER­ lug to comply with the law. Mr. Speaker, I say again that there is an KINs] is still entitled to the floor for thirteen minutes. ubter lack of distinction or discrimination between the rights of the Mr. PERKINS. I yield to the gentleman from Nebraska [Mr. honest and the dishonest settler in the General Land Office, and the LAIRD] for eight minutes. intention of the Senate amendment is to settle and determine the rights :Mr. LAIRD. Mr. Speaker, the misfortune of this debate seems to of these settlers and claimants and JlUt an end to that useless, non­ be that it expends itself principally upon the charge and countercharge sensicallitigation with which these claimants are burdened beforesecur-: of fraud alleged to exist in the suspected Territory and does not bring ing their rights. That is the purpose of the amendment. These gen­ np a .discussion of the provisions of the bill. I desire to make one sug­ tlemen tell us that the issuance of patents should be stopped, that no gestion to gentlemen who hold that the entire section of COJlntry rep­ patents should issue at all. I believe this was recommended in one of resented by tht> Western members here is penetrated and poisoned with the communications read, why should not the honest settler receive his fraud. It ought to be true, if fraud exists, that there should be some patent? Why should he be forced to have his rights determined by a visible motive for that fraud. Take the State of Nebraska, and the sup­ tribunal which can not, as we know from the records, safely be.trusted position advanced is that the motive for fraud rests in the desire of the to weigh evidence or to determine the rights of. parties in these cases? cattle-men to acquire title to land.· Let us examine that in the light I probably represent as many people who are interested in these ques­ of t.he facts which surround these men. tions as any gentleman upon this floor, and I know the sentiments of In the first place, to acquire title tO land by ~nything like a compli­ those people. I know the hardships they have undergone in reference ance with the provisions of the law costs the cattle-man or any other to this matter. I say it is the purpose of the Senate amendments to man in that State or any like country twice as much as it will cost him determine and to settle these cases under and in accordance with the to acquire title to land by purchase from a railway company. This rules of law, by courts that are competent to hear and weigh the evi­ proposition is equally true in Kansas; Dakota, or any S1late or Territory dence that is introduced in these contests and cases of final proof. in the neighborhood of the ~t railway grants. Land embraced within This is the purposeoftheSenate amendment, and it is one thatshould the grant of the Union Pacific Railway can be purchased to-day for $1.75 commend itself to every person who desires to secure title to any por­ an acre. The first cost of land from the Government is $1.25 an acre; tion of the public lands, or who desires to see the rights of settlers and this land is no better in point of quality, no better in location with 7168 CONGRESSIONAL· RECORD-HOUSE. JULY 19;

respect to a railroad. Now, what motive is there for a man to blacken Mr. COBB. I now yield for ten minutes to the gentleman from New himself with perjury, to conspire :l.oo-ainst the laws, when he can with­ Jersey [Mr. McADoo]. out any trouble a.s to lapse of time and compliance with the provisions .Mr. MoADOO. I regard this bill as a part of other pending legisla­ of the law in respect to settlements walk over upon a railway grant tion on the land question. There are, as everybody knows, two other aOd buy the entire tract, if he wants it, for $1.75 or $2 an acre. I important bills in relation to the public lands. One in regard to open­ undertake to say that the title of land can not be acquired from the ing up to settlement the Oklahoma Territory, and the other to the set­ Government for so low a price as it costs to acquire title to the same tlement of the great Sioux reservation. I wish to say as one member character of ]and from a rail way company that is within the region of of this House in reference to this great question of public lands that I the railway grants. think it would be well ndvised not to give way in favor of opening One other thing: Gentlemen labor under the supposition that tbe these immense tracts of the best remaining public territory until we cattle synaicates, as they are called, ha.ve entered into a great conspir­ have perfected our land laws in reference to the settlement of the pub­ acy to commit robbery of the public domain. ·Let us see. Gentlemen lic domain. who are at all acquainted with the West understand it to be true that ~Ir. GIFFORD. So far as the grea,t Sioux reservation is concerned in the region of agricultural lands so soon as the lands are suitable for it is provided it shall only be opened to settlement under the home­ agricultural purposes that is the high-water mark of the possibility of stead law. their being available for grazing purposes. The moment the land is Mr. WEAVE~, of fuwa. And the Oklahoma bill provides five years' available tor agricultural purposes there is such a rainfall as leaves no actual settlement. snbstance in the grasses upon which the cattle must maintain them­ Mr. McADOO.· We should not open these large tractsofthepublic selves, and that area is marked by a change in thenatnreofthegrasses; lands so long as we have upon the. statute-book laws which according instead of the buffalo-grass you have the blue-stem and the blue-joint; to the report of gentlemen who have investigated the subject have been and when that day has dawned the business of the cattle-men in that the cove1· of immense frauds. That great frauds have been perpetrated country is done. That is now the case in the State of Nebraska. under the timber-culture, pre-emption, and desert-land laws is, I think, Now, if these frauds exist, if that whole country is rotten and honey­ proven. I think the great Indian reservations are to-day answering a combed with fraud, how happens it that by the report of yotJI Commis­ useful purpose in preventing the near approach of land famine. It is sioner of the Land Office there were investigated up to the time of mak­ the misfortune of the gentlemen who represent the section where these ing his annual report in 1885 only sixty fraudulent entries out. of frauds hava been perpetrated that in1partial witnesses are against them. thirty-seven thousandsixhundredandeighty entries made in that State? The extraordinary article of Mr. Gill, a member of the British Parlia-· In new of this showing, how comes it that gentlemen stand here and ment, which has been frequently quoted in this Honse, shows that these condemn that section and bundle off the whole body of citizens as frauds laws have been made the vehicle by speculators, land-sharks, and land­ and thieves, although we are confronted by the fact appearing of record grabbel'l:! t.o take great portions of the public territory dishonestly as in the report made by the special agent of the Land Office that taking against bOlla fide settlers, as against American citizens and in favor of the States of .ArkansasandLonisiana, the frauds in one State are I think British subjects and other aliens. Mr. Gill in his article speaks of the double, and in the other more than equal, those charged against my own effect of the laws under discussion, as follows: State. The grip of the money-lender is fast on tbe American farmer. His gilt le­ Now, whatis under consideration here? A provision, or series of pro­ gend," Loans," strikes the eye with too significant frequency in every,Vesteru visions, of law which will make it possible some time to quiet the title town. Who own these wasting farms tbat you noticed during your day's ride, with their bleak frame shanties, through whose unglazed windows the prairie of these settlers. Is there any gentleman on this floor who is opposed wind sings? AHk the h~nd a.gent, who is almost invariably the person that trans­ to a state of things which will make it possible for these settlers some acts loans and who unrolls before you a list of" improved" farms in .which· he time to acquire the right to use their own property? That is the ques­ recommends you to invest rather than in the virgin soil. He owns them. 'Vhat bas become of their former proprietors? "Oh, various things; they were a tion which is now put to Congress, as I understand. The controlling shiftless lot for the most part; some went back East again and became tenant; provision of the Senate bill is that when two years shall have elapsed farmers; others moved farther west and pre-empted new land; some quit the after the issuance of the receiver's receipt upon the final entry of any country in the middle of the night when an interest was coming due-rau away from their honest debts, the rascals!" tract of land under the homestead or pre-emption laws or under this Others-but of these he omits to tell you-signed an agreement in bis office, act, and when there shall be no pending contest or protest against the the same day they filed their pre-emtion entry, to hand over to him for a sum validity of such entry, the entryman shall be entitled to a patent for of money the title to their homestead ns soon as it was perfected according to the statute; it is one of the many ways of defrauding the nation of its public too land by him entered, and such patent shall be issued to him. Is domain and throwing "improved" farms upon the market. In towns like there any gentleman on this floor who is opposed to·the proposition that Kansas City, Omaha, Sioux City, and Saint Paul; nnd even in towns no bigger after the lapse of two years, during which there shall have been oppor­ than Worthington, Minn., there are publications specially devoted to adver­ tunity to rake this country back and forth for the discovery of fraud, tising "improved" farms for sale. if no protest or contest shall then be found to exist against the man's During the entire discussion of these bills we have had elaborate de­ title he shall ~e allowed the privilege, which belongs to him as a matter fense dellvered of the pioneer and the original settlers, as if we were of law already under the decisions of all the courts, of having his patent? assailing them, whereas, if ~Ir. Gill is right, those men who braved I certainly trust, speaking for the interest of the settlers of the West the savage and the storm arid the terror of the wilderness and all the as I know them to exist, the amendments·offered by the Senate will be difficulties and hardships of pioneer life have been left to the tender adopted by the House. merciesoftheloanagent, who soon, underinfamons bargains and usury, Mr. COBB. Has the gentleman from Kansas finished? entered into J>9SSession of their claims to sell them to those who occupy Mr. PERKINS. Not yet. The gentleman from Wyoming [1\Ir. them to-day. 'In other words, a great number of the enterprising people CAREY] desires to be heard on the third section; and, if there be no ob­ of the older States as well as immigrants from Europe go out upon this jection I will reserve the time remaining to me to yield to him for that virgin soil, go out into the new Territories, exist-as long as they can, purpose. toiling, braving, saving, slaving, and enduring, until finally the loan Mr. COBB. We have not yet got to the thh·d section. agent strikes them down with the shylock provisions of his blood-sealed The SPEAKER. The gentleman fi·om Kansas bas only four min­ bond, and the land they have improved, as it were with sacrifice of utes of his time remaining. blood and tears, goes into the magnificent lists of improved farms for Mr. PERKINS. I am willingto vote on the second section with the sale until the man comes along for speculation, profit, or settlement, understanding I shall reserve my time to yield it to the gentleman from and with the cash in his pocket to make the purchase, and he takes it Wyoming on the third section. up and holds the land they have Tedeemedat so much sacrifice from the 1t!r. COBB. No further time is to be taken up. savage and the wilderness. Mr. PERKINS. I will yield with that understanding. Mr. PETERS. Does not the ~ntleman from New Jersey know that Mr. COBB. I now desire to yield for ten minutes to the gentleman all such titles are perfectly fraudulent and good for nothing; that they from New .Tersey (Mr. McADoo]. . have no value whatever, and are not worth the paper they are written 1t1r. P A ~SON. If there be no objection I should like to make a cor­ on? rection. I stated when the gentleman from Dakota had the floor he Mr. McADOO. I am not talking of the titles. was in error in regard to the Senate bill, and I cited him to a provision Now, ::M:r. Speaker, every law on the statute-book that keeps a great in section 11 to show that the Senate bill provided for the repeal of the public domain out of the market until we can perfect the land laws of l!tatnte he was advocating, and he insisted I was mistaken. the counta7 is a great blessing to the people of the United States. I am The repealing section to which I referred is as follows: glad that the Indian Territory exists tor this reason. We no longer SEc. 11. That an act entitled "An act to provide additional regulations for need stimulative legislation to induce ~ettlement. We must call a haH; homestead and pre-emption entries on public lands," approved March 3,1879, repeal and enact new laws to meet changed conditions. We can bar up and section 2 of an net entitled "An act relating to the public lands of the United now rather than let down. States," approved June 16,1880, are hereby repealed. I am glad that the great Sioux reservation, useless as it is to the In­ I hold in my hand chapter 192 of the Statutes at Large, in the first dians, is kept out from settlement and is still a part of the heritage of session of the Forty-fifth Congress, which statute is the statute to which the American people. Let us repeal these laws unconditionally as they the gentleman from Dakota refers and whi~h he favors, and which sec­ passed the House. T4e honest people of this land who are not biased tion 91 of the Senate bill repeals. Upon my showing him this statute by local circumstances favor this bill a.s it passed the Honse. he agrees with me that he was mistaken and that my statement was No appeals came to this House against this bill, but the yeomanry of accnra.te. the land, the honest, toiling masses ofthe United Sta.tes, :uesendipg up 1886. CONGRESSIONAL RECORD-HOUSE. 7J69

myraids of petition.S, signed by thousands of enterprising, honest citi­ Mr. COBB. I would rather not extend the debate so far as that. zens on behalf of the repeal of these laws as the bill passed the House. Mr. PERKINS. I will say to the gentleman that his side has occu­ The House will be unjust to itself and dishonest to the interests of the pied considerably more than ours. We will be content with twenty people of the United States if there is a single recession on this ques. minutes more I think. tion, · The SPEAKER. The gentleman from Wyoming, however, desires to In my limited time I simply want to close by saying this: that it is discuss another proposition in reference to amendments which have not my honest and sincere conviction that one hundred years from now, if yet been reached. If there be no objection he can now do so. the public domain is not saved, if farmer tenancy be not discouraged, Mr. COBB. I will resume the floor when the gentleman from Wyo­ if the land grants to these powerful syndicates be not stopped, if alien .ming gets through. ownership be not abolished, the same question will be asked in the Mr. CAREY. I desire to make the motion at this time in order to United States that is now being asked by the great land reformers in get it before the House-- _ England, namely, how came these men to occupy this vast possession The SPEAKER. It is not in order at present, but the gentleman of territory? Who peopled this great continent with serfs'and tenants? can state it. Joseph Kay, esq., of Trinity College, Cambridge, one of the ablest Mr. CAREY. The motion is that the HoU.se recede from its diagree­ writers upon the important questions of land reform in England, look­ ment to the Senate amendments from section 3 to section 8, both inclu- ing at the handful of men in possession of the lands of England, Ireland, sive, and that the House concur in said amendments. . and Scotland, asks this very pertinent question: · M.r. Speaker, as every gentleman on the floor of this House acquainted It would be a most interesting subject of inquiry, had we only the ruea.ns of with our land system is aware, it had been the custom until twenty following it out, to ascertain how each of the great estates crune tQ be formed. years ago on the organization of a Territory to offer a certain amount of How many were created by the industry and persevering efforts of some an­ cestor; how many were the grants of sovereigns to their favorites; how many lands at pul)lic sale. In case such lands were not ·sold they became were gradually amassed by successive marriages of conTenience; how many subject to private entry at $1.25per acre, orifwithin raHroad limits at were obtained by ambitious statesmen in the troublous times of our rough $2.50 per acre. In this wise lands could be purchased by those who did island story by the attainder and death of rivals; how many were either created ~ or immensely increased by grants of immense possessions of the religious houses not desire to avail themselves of the settlement laws. No inducement and of the Roman Church; how many were the results of our fierce and bloody to settlement of this character has been made· in Wyoming. No op· civil wnrs and struggles? It would indeed be a emious and instructive study. portunity is afforded to purchase an acre of land.of the Government at But they exist, and no one wishes to interfere with the just rights of property: The only question we all desire to have answered is, is it for the common weal public or private sale. that the laws which affect land, and which, as I and many others affirm, have By way of preface I desire to repeat what I have already said upon the same effect here that similar laws used to have on the Continent of Europe, this floor, that I am opposed to the repeal of the land laws unless some namely, to keep the land tied up in great tracts and to prevent it from going into the market as much as it otherwise would do-should be retained upon laws are substituted that will be applicable to the arid regions of the· the statute-book of Great Britain and Ireland ? country. · With the homestead law as it is left in this bill and the re­ "Jnst rights of property," indeed! Let us see to it that no such peal of the pre-emption, timber-culture, and desert-land law there will unjust rights of robbery ever find a foothold in-ourownfair land. .An be no opportu~ty whatever in the Territories and the States of" the evil institution like land robbery comes in time to be backed by all arid region for a man to obtain one acre of land and strictly comply with the social, commercial, and political forces of the stricken and enervated the law. The homestead law as it will exist will be inapplicable to state, and a slight profit of the evil system too often wins the voice of our country. 'Ve mnst have a desert-land law of some kind. press, forum, and even pulpit, as now seen in Great Britain, defying Assertions are made with re1erence to climatic changes, particulal'ly ~ the mighty genius of the great and bra;e Gladstone to clip it of its the increase of rainfall on the great plains of the United States. most offending portions. . It is easy to make statements of this character, but if you investigate l\Ir. OATES. Let me ask the gentleman a question. the matter you will find there has been no perceptible change in the Mr. McADOO. Certainly. rainfall during the past twenty years in the arid regions. Civilization Mr. OATES. Is there not a marked difference in the manner in hn.s reached the plains. Cattle herds have spread through the valleys which the large landed estates have been accumulated in Great Britain and on the mountain sides, large irrigation ditches have been cut, and as compared with this.country? There, hy the law of primogeniture, railroads have been built, but the predicted increase· of humidity has the land descends from father to son; and in this country, n;s a rule, not come. So far as t~e cattle men and the cattle syndi~tes are con­ · the larger estates on tbe death of the original proprietors are divided. cerned it would be to their advantage to have every land law repealed. l\Ir. McADOO. I am glad the gentleman asked tha,tquestion. There What the cattle-men need and must have to successfully manage their will, of course, be under our institutions a vast difference in_the pm­ herds is a free, open, unfenced country. R~lizing this, they have re­ cesses by which these estates will arise. They Will not have the same move~ and destroyed many miles of fences. The fences have proved conditions, owing to the fact that, thank Heaven, we have no primogen­ a failure. . iture and feudal-ent.-tilment laws. But they are drifting toward cor­ The man who has attempted to carry his herd inside of inclosures with­ porations, which are immortal, as the gentleman from Alabama 1."D.ows, out hay and grain to feed in winter has lost in many instances a large though they have no souls, and the same object will be attained; and part of his herd. If you repeal all the land laws you t..1.ke away all the tha~great blessing which t.he immortal Jefferson secured when he and means for the settlement and reclamation of the land. It will remain his friends hastened, as th~y did in Virginia as the gentleman will for a long time in the control of these men you call cattle-kings and xemember, to ingraft upon the statutes of that State as the very cattle-herders and oowboys. · fust fruits of the Revolution the suppression of the feudal system and It is estimated that the arid regions of the United States that will the laws of primogeniture, will be lost to the American people and im­ not produce a crop without irrigatic;m are equal in area to four-tenths of perial estates passed over to these great corporations, which will acquire th.e entire country, exclusive of Alaska. We have arrived I believe at them for base purposes at variance with our institutions and contrary that condition of public sentiment in this country when it may be said to the best interests of the people of this country. that Congress will not make appropriations for the development and [Here the hammer fell.] rec1amation of the country in question. The time for voting large sums of money for internal improvements seems to have passed in this cotm­ 1\IESSAGE F ROU THE SENATE. try. While I believe it would be wise for Congress to aid in the con­ . A. message from the Senate, by Mr. McCooK, its Secretary, announced struction of irrigation canals, it is not probable that the people would that the Senate had passed without amendment House bills of the fol- justify the voting of money or lands for such a purpose. The plains lowing titles, namely: . and the valleys of the mountains are very fertile and productive when .A. bill (H. R. 802_3) to give the assent of Co~gress to the construction irrigated; without irrigation these lands will not produce a erop. The of a bridge by the municipalities of Menominee, Mich., and Marinette, minimum rain-fall needed to produce a crop is 20 inches. The average Wis., over the 1rienominee River; and rain-fall in the Rocky Jtfountains is 7 to 14 inches . .A. bill (H. R. 7191) to provide for the enlistment and to define the If we would therefore have crops produced in that country we must

reclamation. The farmer will :live in the valley,· and will ;turn JUs Mr. PERKINS. ;rr it is uot .n:milable, ltow can it •be settled under herds out to graze ·on the plains mill. ·mou.n.tain lands,':Wh1C1nwill be · therhomestead n."Ct. held in eom.mo!l unless'the United States chooses'to-pm:twlth its title.. ll:ir. O'AREY. 'This land · 'llot -available under the home..rodncti.\e .bas been found -to _pay very mnall in- e>ery -acre uf the pti.b1ic domain-to give 1t·away, 'llO .matter j;o .-whom te:rest. or for what pm;pose. There is a very different condition of ~ngsin this couney from tbn.t 'ltfr. DAR'EY. Jn ..re]ily to that .sugg tion I -will ay th."'\t I .believe which exists in England. The early lawmakers of this country TBrJ .theJ.andjlolicy ofihis GoYern.me!4, nnoer which it has - ~sea ofiis p:roperJy di(l away-with ;the laws :nuder which estates coUld be built publi-c l..'ID.d.s, ,is.the wisest policy the Gov:e:rnment .coUld ha.ve adoj,te£1.. up and· entailed as they have.be"en ·in·Great :Britain. lt.hasnot been l .btiliendt.ltas c.ontno:rtted.more to the~lory mill 'the strength.of'"this possible in any coneeivableway attain those-ends.i:rl'this·couutry. · Government than any other measure. 'The result of hat .POlicy'-hru; Lawyers ha>e not been ingenions·:ennugh±o draw il.eeds:orwritelWills been the same in..all the State . 'l.'ake.Illinois, seftled under'tha wJre:reby great landed. estates cotild ..be;preserved:in:familiesi"orn.ny con- . tern in the time of this country's greatest need; she sent forth :from 'her eiderable length ·~of time. . prairie :fa.r.ms more than Dne hundred co.nwlete 'l."egiments to do lJ::tttle The·-tendency in ennsylvania a centm:y'lloau are to-day in :the llands of small owners, what disposition .theya>rop.ose to make of the arid regions. no :they and 'that-the large farms which-men nndertook.to_cultivate_in Dlin.ois, believe in allowing people to et:tle .there? Do th~y ·be1ieve1n.le.tting ·in ])akota, ·and in other parts of the West bronght banla:uptcy upon the the people own the 1ann, or Should: th.e Government own it? I'know owners. The tendency of ·the :-c.ountry:ris -to .:small ':farms and better· some politicalecono:mistB.contend tb.at :this Gov-ernment should become farming. a great landlord .owning.:all :the.hou.s.es.anll1ands and leasing t.h.em 'to ..1\Ir. UCfADO,O. Will.the gentleman -permit-mea suggestion? ...Is it· the people. But it is-tb-c ~ery.opposite .oithis policy·which has :made not also a fact that -the clag:; of -tenant .:farms in the United .States .has our _peo..Ple }lll>Ud oftheir Govemmiillt, :made them love their conntry; been largely and -ntpidly in-creasing'6~eryyear1 · O.ecauseit..hm; been possible.for every :man "Who .had themone_y ' o;go M:r. CAREY. 'There is no doubt -about that. Ten..'"'\Ilfs are Jncreaa-. .into 'the.ma:rK:et ana bny:n piece.ofJana, or if he wanted to go outWest, ing in this country because the farmers a-re :increasing:in. numbers; but rto buy:p.ublicland at:$1;25 an :acre,. or..mri.lre settlement under the·.home­ the tendency of the tenant system is not :to :inC:r.ea:se the .:.size of the steacUaw. Dnr :thoo~y has been that it · best for mrery man to con­ farms; it is mther to.divide them np. .Any one can :buy.land. ·.:There·,1 .troland own "hls nome. are lands for ale in every State and Territory ·in the Union. .:No .laws .This ].Killey .has causea :£he people of these nited tatesi:o 1oY.eiheir _prevent the sale. There are more .lands "for -sale than beyers. Lands ~ country, m take a deep interest inits w.elfaTe, because they are a part Jn theW.est are unly-valuable w hen:made so by settlement. ·They grow t • and J>m:Cel of it. Much·of the land in:Eng1and, cotlana, ..and It·eln.nd, in value as the settlers increasein 'D.umbers. I -rode overili:fferent parts' I believe, is inalienable; ..it is tied u_p under ibe ;pol:i.Gy of ·tb.e :En_glish nfmyT-er.ritoryfor-twelveyears; :Iw-entnp.an:d.downdiffer.en.tmeains,·! law. Under that policy men wllo are not fit toown'land,·men of-weak andat.theendofthattimeveryfew..en.tri.eshadbeeumade; and theprin- minds (though they probably have w.hat i ca.lled royal blood in their ci_palland office .didnot pay but littlelllOre·than the sa1aryof:$500 per veins), are able to control >'.ast bodies of land, while in this country if ye.ar. W.hen immigmtion .hegautocomein mrd:men.began-to settle..in a man buys or inherits.:Jo :piece ufland.he.cannot ·keep it unless .he bas the valleys, then the lands increased in-value-and the :more desirable -sense enough '-to take care of it 1:limse1f. This is the i:rne .:ma -the right tracts grew in Talue·each year-in-pro_pm:tion:rothe increasein thepop-i policy. Under this policy we have grown to -the:condi.tion;iu which illation. . we nre to-day. Under .this policy we gire ·every.man:n. cbanw. If he "The-same has been the hi.story-throughout the entire West. I have .has the will and abllity_he crui acaom_plish somethinrr. If ne::h:ls nu been told that atone-time a-purChaser.wen.t'.to la.nd .offi.ce:in jilierich he goes-to the bottom, while the man witli :wi.lLnnd ambition go to prarrie country of illinois and -ente1.-ed :500,000 ~cres of that land at the top. 1.25 an acre on his own account, ·and that neither henorhisheirsown There is no ground for ·the statement tha,t the lands .are being n- an acre of it to-day. It has _passed into the..hands _of .B.Illall ~owners. 1 mulated in few hands for the establishment of a foreign land system. There is no tendency in this country to hold ..land in.large bodies. The opposite is the fact. With 1the exception oJ .a. :few fumilies.in the Mr. MaADOO. But does not the gentleman think"thatweha;vear- United States, -we see no tendency 'Whate er-to·tie uplarge .estmesin . rived at a period when -there is no .longer any need of stim.n.l.antsto-the one family for any great length of time. Happily ±he :few large estates settlementuf"theland? Does.he not think that the pressure ofpopu-. nave not been inTestedJn .land, but principally in peculative·stocks latiou from ·the senboaTd and the thickly settled 'East-will .ca.use those and bonds. ln.nds to be settled naturally without anyartificial stimulant, and there-' The desert-land law as amended by .this bill i a fair and profitable foreisitnottime to.call a halt? one to the ·Government. It i liberal to the Governmentifnot to the 1\Ir. .CAREY. l 'ha~enodonbtihatthe land -w:ill.he..s.e.ttleiLifpmper Western people. .It will brlng ·bout the develo_pm~t of the country, laws are made, but -the gentleman mus.t ear..in mind that'·we have and ifyouk.eeplrn.ch :a. law upon_you.r::Statnte-hooks.it-willACcomplish more 'land "left than all -that has been ettled; :and what · .left is mncb good. Jarge1y nrid. \Yith xefurence to wnat has been said about land .fra.uds, I d.U .only 'Mr. 'P.A:YSON. .nutnot the a.va.ilablelaud. say·at this ·time that Thav..e .no doubt cthere has ...been an a.monnt.o! Mr. ".CAREY . . .I willwme to -that. money e.:q>ended.in the recl.amafion .o :mds in W_yomin_g ..equnl to ~·10 1886. CONtffiiESSIONAL 7171

1m..acre.for every:acre,patented,under:fue..deset:t-.land '-law · in · that"Ter- ~ :Mr. "P..ERKINB. ~ot::tt::a.ll; •but, on the contrary, I.am.asking·for rritory. :About all this-money .has gone..into.the_pockets·of!labor. It ~ -legislation,that-will protect the .settlers-in ;their .zights. I am•notask­ ; takes 'labor with ·the }>ick, _shm'e1, :-plow, and ·scraper ;to cnt the irri-: ·ing 'for legislation ·he:re · or elsewhere that -will arting with its ·tiilel Teserve as: a 'Waste .tha.t 1great unoccupied domain to be traveled 05Sibly by no one· claiming title thereto. the Republic who acquire tit1e to the land Jllake· the Republie richer by! Fo1··that reason we oppose this -proposed legislation. I have-no hcbi­ the acquisition of-that title. a'heymake the country w~althier by thei .tation in saying that lam opposed to the repeal of±he pre-eruptionJaw.. crops wh~ch are produced . fro~ th~ land they · .acq~e. . . j a~ :I a~ ·opposed ·to its_ repeal because I b~lieve .it wo~ld _be nn~ise . lfthobme shallever.comemthis-countryas-p.retlicted when millions, 1egtSlation,to.do.so. It Is not the pre-emphon law hich IS.atfuult. of hungry people shall be crying for land and we baT"e no land-to giv:e , lllnderth.epre-emption Iaw.mairilyha"eourWestern communities been them, let me tell thegentlem.anfrom New ..Tersey_[Mr. Mo:A.noo] there' built,up, and through theagencyofthat lawtheir growth and progress will rise up in this Hall men wise enough nnd broad enough in .states-r have been simply wonderful. · manship to find .a remedy. No-truulike,theRomanstatesm.an,itheycan! It is not one settler ont oftweuty-:five·whogoesWestf.orthepurpose drop from the folds of their togas samples of •the well-ripened •cereals ! of acquiring a home who 'desires to a..vail rhimself of the homestead sys­ thatgrowto the north of our borders and-the·delicioUHfruitstha.tmaturol tern. Thereis.not one out-of-twenty-five who does not desiYe toi!.'l.ke r.south ofns, and thereby incite·the surplus milliom to go·both to the' advantage of-the-pre-emption law, 'because by so doing ina.fewmonths north and the south and occupy, · po~ess, and eulti'vate the lands. [Ap .l he .is able to :Seeure:.a title to his home, and then of' course it becomes ,plause.] subjecttotaxation. Thenitcontributestothegrowthandde~elopment [Here the hammer fell] of the community. ·Then the settlel'S . can build -school-house&; .then Mr. COBB. .If gentlemen on ·the other side are -done .!-will now they can build roads, and irrigating ditches, secure..railroads,-constrnct yield to the gentleman from Iowa [.Mr. W:JUV..ER] for ten·minutes. bridges, and contribute to the growth and devolopmentof the comitry. Mr. CAREY. I reserve the balance of my time. . Without this pre-emption bw this country-of which I.speak ll> great}Qr Mr. COBB. I prefer to have gentlemen onthe·otherside get.through, , paralyzed. ifit will·suit them just .as well. · ....A.s suggested:by the. gentleman from 'Illinois, '1D.uch of-that territory 1\lr. CAREY. If that besoT will _yield, theq, ten minutes of my ·is not available unde:r existing conditions. ~ But if Jtis not available time·to the gentleman from Kansas, if he desires to go on at this time. now what will be its condition if all ofthesestatntes:arestrickendown- ·Mr. PERKINS. ·Ihad thotlght Iwouldtmake.some suggestions con-: the timber-culture act, the desel't-landact, and;the'Pre-emptionlaw~ ·ceming ·the ·eighth section when .it was •1·eached ·in its logical ()rdcr. and the homestead law is alone allowed to .remain:? Tha.t law ~xists 'Hence in .my openillg remarks I did not·devote any attention to tha.t now,·andyet thegentlemanconfessesthatmuchoftheland isnotcavail­ -section of the bill. As the debate has. assumed a .general charncter, ·per- able ·under the p:resent law imd existing conditions. If the desert.land haps at this time I can with propriety-examine briefly that eighth -sec- act be repealed:und these other laws be all stricken D..own .and. all•but tion. · . the homestead law abrogated, howwill·tbat make all ofyour•temtory .I •desire fu say.to thegentlemanfromNew J'ersey [Mr. 1\fcAnoo], if I available? · undel.'Stood. him correctly, Tmightwitbproprietymakethe.samecharge [Here the-hammer feU.] he makes in 1he remarks addressed by him .to the House-that is if I Mr. CAREY. 1 yield 1:en minutes' additional time to the gentleman understood him correctly, that no honest man.would advocate th~e fiom Kansas.

Senate amendments-! -might with the same1proprietysayto him that Mr. PERKINS. And 'hence, 1\Ir. Speaker, we who know the exist­ no honest man would oppose these Senate amendments. My statement. ing conditions and ·necessities of •these ·great Commonwealths oppose would .be just as trne as his. If his statement proves .anything ! ·.would this proposed legislation. We believe we understand what.is .required :take exception fu it, but his state~ent is not true. And if I impugned and know the needs of'the people better ·than those who ·neve:r :;aw a the motive of every man on this floor who opposes these Senate amend- pmirie or took -part in -the-settlement of new communities. menta my statement would not be true. ·The gentleman from New Je:rsey says that no demand ·has com.enp If I impugned the honesty and .motives of every man on this floor in opposition tD this legislation. Why, -every breeze·that comes from as the gentleman from New Jersey impugns the -honesty and motives the West is freighted with ..remonstrances and protests in opposition to of every man who favors the amendments of ~theSenate, if I impugned this proposed l~gislation; and! will Bend to the Clerk's desk and ask the motives of every man.who opposes 'them, mrstatement would be to J;lave read in this connection a letter .received a few 'days ago, ·not .ns erroneous and false as his. I concooe, sir, that m.en do d#fer and from a. fraudulent oecupant·of the public lands bnt i'rom an honest differ honestly concerning these matte:rs. I am willing to acknowledge bona fole settler· of my own State, who but ~eaks the .feeling and :sen­ that he is honest in his position and in the statement he .has made be- timent existing in.aU.of·the e communities. cause he knows no better. (Laugqter.] I question ;whether he ever The'Clerk read as follows: his .was.upon a prairie in life. I doubt·w.hether he ·ever·met in:their Saoe:KEYVILLE, H.4..MILT.ON ·eom-.rY, KAN&.AS, June'll, ·1880. ·homes the people of the West whom he defames. 'DEAR 8111.: By request of very many settlers on public lands in Southwestern Mr. McADOO. Yes; I have. Kansas •! write yon. concerning-the probable repeal-of the pre-emption..andtim­ Mr. PERKI~S. Then you shouia have learned better than to im­ ber-cul.ture laws. .I have traveled considerably through Southwestern KaDS113 this season and have talked with -very many of the best citizens upon the pros­ pugn their motives in the way which _you have done. pect of a repeal of the present land laws, and the ..universal Dpinion-is that ·it MT. McADOO. I understand them .and their sentimenm in ·reference would be the wol"St thing that eould be done the conotry. .Men have come and to the public-l:md question as well as the gentleman. are still coming here t.a get pre-emptions :an.d tree claims who ..do not want to make homestead entries, and their-reasons are good ones. Nine-tenths of the Mr. PERKINS. The gentleman knows but little of their wishes or settlers want the land all deeded as soon possible, so the lands can be taxed, so sentimentB, judging from the suggestions which he made impugning we can raise money to •build schaDl-houses and ·ma:ke other public improve­ their motives and integrity. ments. People-are' b01.md to have.bridges across the .Arkansas-:River, which they can­ Mr. li:IcADOO. I did not say so. not get until the land •becomes taxable. 1Ve -want this country developed -as Mr. PERKINS. I understood you to saytbatnohonestman would soon us energetic:men can deYelop it, aud any legislation that would retard' the favor these Senate amendments. deeding of-the land wo~ld work great injury to the -settlers. We are having a. bard time trying to improve the country, and we look to our delegation in Con­ Mr. McADOO. That was a misunde:rstanding.on the part of the gen­ gl'ess for-protection, and we do pray Congress not-to throw any ob tacle in the tleman altogether. I thinkihegentlemanismistakenaboutthewbole way of the development of this 'V.estcrn c

public lands we are not asking for their protection. If the cattle com­ ?t:Ir. Speaker, as we vote upon these different .propOsitions I hope that panies have been organized and have taken violent possession of the this House will recognize the fact that these Senate amendments are public domain remove them, evict them. You have the power to drive meritorious and wise, and instead of longer insisting upon our disagree­ them off. Let that power be exercised. If great corporations have ment thereto let ns concur therein. If the pre·emption law is to be gathered and possess that which does not belong under the law to them, repealed, if the timber-culture act is to be stricken down, let us repeal take it from them; dispossess them; leave the lands for the benefit of the them with provisions that will protect the honest occupants of those l1onest settlers. No opposition to such legislation comes from the West­ lands and shelter them from long, weary, and exhaustive contests or ern prairi~. But we ask that these men who have gone to make homes litigation. under the existing law shall be protected in their rights and .granted the Mr. COBB. I yield fi ve minutes to the gentleman from Iowa [Mr. privileges existing under the public statutes. WEAVER]. : Instead of 90 per cent. of the settlements being fraudulent, as has Mr. WEAVER, of Iowa. There :u-e two theories touchllig our pub­ been stated more than once in the discussion of this question, not 10 lic-land policy, or rather two distinct theories struggling for supremacy. per cent. are fraudulent. Fraudulent occupants of the public lands One isllresented by this bill as it passed the House and the other by do not convert them into thriving communities or great ·common­ the Senate amendments to the bill. wealths. If these occupations bad been fraudulent we would not have The Honse bill proceeds on the theory that all the remaining public seen the wonderfully rapid development of the States :md Territories domain should be held for settlement under the homestead laws in par­ west of the Mississippi River. It is because they have gone there in cels not greater than 160 acres. Following and in harmony with that good faith and are devoting their best efforts to the reclamation of the theory is the ot.her bill, passed by the House, which appropriates money prairies, building up homes, establish.ing thriving communities; that to enable the Land Department to discover and unearth thefrauds that we have been enabled to witness that wonderful development, and have been heretofore perpetrated ip. reb.tion to the public domain. And such men are entitled to the fostering ~e and protection of this great following along third in order is the bill now on the Calendar, reported Government rather than abuse and defamation. favorably to the Honse, making appropriations for di~oing irrigating The present Commissioner of the General Land Office says that to ditches in what are known as the arid regions of the public domain. investigate eighteen tho.usand alleged fraudulent entries that be bas sus­ · Now these three measures are in harmony, and constitute a well­ pended with his present force will take five years. If it will consume defined theory upon which the House proposes to proceed. First, pre­ five years to investigate eighteen thousand suspended e1;1tries, how much serve the public domain to actual settlers; next, ullearth the frauds time will be necessarily consumed to investigate the one hmidred odd that have been perpetrated and appropriate money for that purpose; thousand that were made last year, to say nothing of all of the great third, when you reach the arid region appropriate money:for irrigating number SW!pended by him when he came into office on the 27th of ditches, so that when our population becomes crowded and the1·e is no March of last year? longer arable land within the rain belt you :may enable the settler to It is in opposition to this that we are contending. We say there go upon the arid region and raise crops by means of irrigation. This should be legislation that will give security to these people, that will is the true and wise theory. protect them in their homes, that will quiet their titles, instead of leg­ Now what is the theory represented by the Senate amendment? It islation which will precipitate upon them a contest that. will be waged is this: Validate the frauds that have been perpetrated upon the public and prosecuted for years, n.ud which will render uncer~in during all domaiu; allow what is known as the arid region to- be taken up by that period the tenure of their possessions and bring bankruptcy and ca.tt.le speculators and syndicates, and strike down the appropriation rain to these pioneers of our Western prairies. for the investigation of frauds, so that the Land Office will be power­ .AP,. is suggested by the writer of the letter which was read a few mo­ less to protect the inheritance of the people. Can this House hesitate ments ago, they want a title to their Ian~ so that they may be t-axed, which theory to adopt? Here are the two theories, one represented that they may build houses, that they may educate their little ones, by the Senate, the other by the Honse. There should not be a dis­ and so tbat they may secure the conveniences and comforts of the old senting •oice. This Honse will never abandon its position or agt·ee to and civilized communities of our country. Take from them this legis­ the policy of the Senate-never. . . lation and for five years there is no title to the land they occupy. For The gentleman from Wyoming (Ur. CAREY] says there is no dange1·; fi"\""e years it can not be taxed; for five years you paralyze the community the tendency in the United States is toward the division of land into and take from the people all opportunity of revenue and credit except small holdings. I do not kriow where the gentleman gets his informa­ the little that may be obtained from their personal property, and with tion. The censu report of 1880 shows that the tendency is just the that it is apparent, or should be, to all that these advantages can not reverse, and every man's observation must teach him that the tendency be obtained. Hence we bear those protests in opposition to this pro­ is toward large holdings and tenant farming. The tendency of Otlf posed legislation. population is away from the country and toward the city. The census Tpe gentleman from illinois [Mr. PAYSON] says that petJitions have also shows another fact., namely, that the number of tenant farmers in come here by thousands asking for this legislation. And yet the gen­ this country has increased enormously of late years. The tenant tleman from illinois well knows that in those petitions, coupled with farmers now outnumber the freeholders of the country ~ It is o in my this, are several other propositions; and I have no hesitancy in saying, own State and every other; the tendency is to large holdings; whereas as a matter of fact, that those petitions that have C9me from my own in a healthy condition of our land laws -and of the Republic the tend­ country-and what is true of my own country I presume is true of ency ought to lead from thecity to the country, and the result should others-that those petitions are very largely signed because of the other be small farms and high cultivation. The House bill will not inter­ propositions, and not because of any desire to have the pre-emption fere with the title of any bona fide entryman, nor with the title of any and desert-land laws repealed. It is bec..'tnse some of them want this purchaser from a bona fide entryman. $200,000,000 that is spoken of put in circulation; it is because they ~nother departure in the Senate amendment is this: For a hundred want aliens prevented fro.m obtaining titles to public lands; it is be­ ·years it has been the policy of this country to settle the validity of cause they want the Oklahoma country opened to settlement; it is be­ land entries before the proper officers within the land district with the cause they want the unearned land grants to railroads forfeited. It is 1igbt of review by the Commissioner of the General Land Office and because of these.reasons that these petitions come here signed by thou­ the Secretary of the Interior, and finally, if necessary, by the court . sands, rather than because they want the desert-land law or the pre­ These Senate amendments propose to take this matter out of the hands emption law or the timber-culture law repealed. · of the land officers and make it the duty of the Attorney-General to I can understand how gentlemen living on the Atlantic coast, not fa­ proceed by suit in a Federal court to settle the good faith of all those miliar with the conditions existing in the West, not familiar with the alleged fraudulent entries. If this provision were ado-pted I venture practical working of these statutes, can favor the repe¥ of all laws per­ to say that the Federal courts during the next century would not be taining to the public land except the homestead law; but we who are able to- investigate properly the frauds that have been committed upon familiar with the experiences of the frontiersmen and who know the the public domain. necessities existing there are, in my judgment, better prepared to speak Let ns stand, then, by the House theory. Let ns repeal all these land on this subject, and I know we speak with as much sincerity and with laws except the homestead law. Let us appropriate money to expose as much integrity as those who hail from other sections; and I say this the e frauds. Then let us pass a law for the construction of irrigating legislation pertaining to the desert-land act and the pre-emption law ditches in the arid regions and preserve those larids for the future for should not be stricken down by this Congress or any other. the homeless and the poor. The I(onse sa.ys, away with speculation. If frauds are practiced, let us amend the law, as suggested by the gen­ 'l'he Senate says, give the speculator a chance, validate his frauds, and tleman from California or legislate anew; let the Committee on Public sanction his crimes. The Honse says, appropriate money to unearth the Lands report a bill which is calculated to protect the public domain gigantic frauds upon the public domain, and hold up the hand~ of our against fraudulent occupation, and every man who hails from the West faithful Com~issioner in the grand work be is doing for the people. will favor it, and no man will support it more earnestly than I; no The Senate replies by striking down the House appropriation so that man will advocate it more earnestly than mycolleagues and these gen­ the Commissioner can not proceed. . The House says, bold the arid land tlemen who represent Western constituencies. But do not take from for the future and make provision for their reclamation. The Senate us the opportunity of reclaiming those mountains, those prairies, those says, tnrn them over into the harids of speculators and cattle syndi­ deserts, because, as has been confessed by the gentleman from Illinois cates. Here is the issue well defined, so that be who runs may rend. [Mr. PAYSON], the lands in t hose regions are not a>ailable and never Mr. COBB. Mr. Speaker, I now yield three minutes to the ..,entle­ am be aYailable under the homestead law. man from Missouri [Mr. O '~E T LL ]. 1886. CONGRESSIONAL RECORD-HOUSE.

Alleged claimants have relinquished during the last year about nineteen hun­ Mr. O'NEILL, of Missouri, addressed the committee. [See Appen­ dred entries in the Wa Keeney office, Kansas; six hundred in the Larned office, dix.] Kansas; sixteen hundred in the McCook office, Nebraska, and eighteen hun­ Mr. COBB. :Mr. Speaker, as it is now quite late I shall not long oc­ dred in the Valentine office, Nebra.ska, embracing in all about nine hundred thousand acres of land. · cupy the attention of the House. I do not care to discuss now the legal It is estimated that during the fiscal year ending June 30, 1886, at least six propositions involved in this bill, as they have been so fully discussed thousand entries were relinquished in Nebraska. on both sides. It has been stated, however, that the Commissioner of The greater portion, if not all, of these entries were made solely for specula­ tion and with no in\ention of complying with the la.w,llDd the relinquishmenta the General Land Office has not been looking into the question of frauds were undoubtedly caused by the investigations that were being made by special jn the South. I want to let gentlemen understand that they may be agents. mistaken in this regard. I send to the desk to be read a letter from the Very respectfully, B. B . SIM!\IES, chief of division who bas charge of that subject to the Commissioner of Chief of Special &roice Dil'ision. the Generall4nd Office. Hon. WILLIAM A. J. SPARKS, The Clerk read as follows: Conunissionerof the General Land Office. WASHIXGTON, D. C., July17, 1886. Mr. COBB. It seems to me, Mr. Speaker, these facts from the rec­ SIB.: During U1e fiscal year ending June 30, 1886, legal proceedings were insti­ ords of the Land Office show a state of things requiring an amendment tuted on recommendation of this department against parties in the Southern States for t.imber depredations upon the public lands, as follows: of the law so as to preserve, if possible, our public lands from spolia­ tion. we-have now before ns a bill, which in its original form was passed in this Honse by a vote of nearly 5 to 1. The Senate has States. C~aLi- Civil. ~:O~~J. strjcken out all after the enacting clause and inserted a new bill, the protisions of which have been to-day fully discussed. Without going ------·;I---;;--- I further into that discussion, I will say that if this Senate amendment Al abama ...... 4 8 $61,050 25 should be adopted all the frauds mentioned in the letter just read .Arkansas ...... :...... •. 29 16 34,3(5 02 Florida ...... 4 2 1,037 50 would be confirmed, and the titles of the lands in question would be L ouisiana ...... 120 60 257,603 65 perfected. I submit,' therefore, it is important that the amendment of M ississippi ...... ~...... 26 17 108,183 ()() the Senate should be defeated. I trust that this Honse, in its wisdom, in its

StaUm~nt showing number of entries in the Soulhe1·n Stale& reporte(l by special agents familiarized themselves with the frauds which have been committed and numbers e11.nceled o1· held foJ• canceUation during the fiscal yeaJ's endi11g June and which are being committed every day. To say that a gentleman 30, 1885, and Jum 30, 1886. who has served upon the Public Lands Committee for four or six years does not know anything about the public lands would be attributing d. Canceled or to him great weakness of intellect or want of industry in the discharge 'Reporte· by held for can- • agents. cellation. of his duty,as a l!fember of Congress and a member oftbat committee. States. Gentlemen who live in those localities where these frauds exist know l no more about this question than we do who have studied the matter carefully from the records, which are full and complete upon all these ------~1885. ~ 1~. I 1885. 1188G. questions, as they well know. I move the previous question. The previous question was ordered. Alabama ...... :. ~ 12 31 57 5 Arkansas...... 44 50 10 67 The SPEAKER pro tempore (Mr. McMILLIN). The question is upon Florida...... 64 31 30 38 the motion of the gentleman from Kansas [1\Ir.- PERKINS] that the 1--ouisiana...... 90 154 11 1311 House recede from its disagreement to the first section of the amend ~:::0~.~.\.:::::::::::::::::::::::::::::::::::.::::::::::::::::::: \ ~ ~~ lg f ment proposed by the Senate. I :Mr. PAYSON. I make a point of 01·der against that motion for the Total ...... , ...... :!---zu-i----;.;-l-mf2oo reason that the Senate amendment is a proposition to strike out all after the enacting clause and· insert a single measure as a substitute. That ARCHffiALD YOUNG, proposition, I submit, is not divisible. .Acting Chief Division P. :Mr. PERKINS. There are, as the Chair will observe, several sec Mr. COBB. Mr. Speaker, the letter just read shows that the Com- tions in the Senate bill. .1\Iy motion r~lates merely to the first section. IDlSSioner of the General Land Office is vigorously exercising his official The House voted in the first instance to non·concur in the Senate amend power to protect the public lands everywhere--as well in the South as ment. I now move that the Hol'lse recede from its non-concurrence as elsewhere in the country. I think it the ducy of all good men to sus- to the first section of that amendment, and agree to the first section. tain him in this effort. As to the charge that he is exceeding his legit- The SPEAKER pm tempote. The Chair thinks that the amendment mate powers and duties, I submit the charge can not be sustained. I of the Senate having been adopted by that body in the form of seveml shall say no more in defense of the Commissioner. sections, the motion of the gentleman from Kansas is in order. But it is said that these land frauds do not exist to the extent which :l\1r. PAYSON. Before the Chair finally decides, let me make another the Commissioner would havens believe. Indeed, from the arguments suggestion. Upon the return -of the bill to this House from the Senate of some gentlemen here we might suwose that no frauds at all exist the proposition was made to non-concur in the Senate amendment, n their localities. I wish to say to such gentlemen that the records which motion was carried, and a comlnittee of conference appointed. of the General Land Office are crowded with the evidence of parties The conferees have met, and they report that they are unable to agree. living in the localities from which they come, showing the frauds in Now, the Senate amendment is a single amendment. It can not, I sub­ the entries of the public lands to be numerous. I send to the desk an mit, be taken np by sections to determine whether we will insist or official letter; and I ask gentlemen to listen to it and determine whether recede as to each section. It seems to me there is no question about the facts therein stated are consistent with the views which they have this. lf there is the least doubt in the mind of the Chair, I woul(l expressed on this floor. like to be heard on the point of order. The Clerk read as follows: The SPEAKER pro te:mpore. The Chair will hear the gentleman. DEPARTXE.XT oF TnE INTERIOR, GE.NEBAL LAND OFFICE, Mr. PAYSON. Mr. Speaker, the proposition now pending is not to . Washington, D. 0., July 19, 1886. be treated as if it were a bill originally before the House for considera- Sm: During the fiscal year endipg June 30,1886, there were canceled or held tion. The Senate has adopted an amendment in the form of a substi for cancellation for fraud two hundred and eigbty·five entries in Nebraska and tub~; and the Honse having non-concurred in that amendment, the con one hundred and fourteen in Kansas, embracing about 63,000 acre.~ of land. ~ · t d b &; il d Th · · d d 4 There are still a large number of cases not yet acted on for the want of sufficient .1erees app01n e ave .1a e to agree. ere lS no lD epen enu prope force. A lar~e majority of these t!ntrie.s were made in the interest or catUe com- sition reported by the conferees, favorably or unfavorably. We report, pan~es or by 1n~viduals for ~ttle a_nd. sheep ra.nches. . . · . as the Chair will see from the written statement accompanying our re- Fifty-five entries of land lymg w1thm theBnghton and Fmlm ranches m the , h b ~ b bl ·te NorthPlattedistrict,Nebraska,have beencanceledorheldforcancellation upon I port,~ att e COnieree:'l hav~ een una e to agree upon any1 m-upon report of agents or testimony t-aken at bearings, showing that all of the entries . anything connected w1th thlS Senate amendment. wer~ made by membe~ of the ~omp~nies or by their _employes for .the c_om- It stands as an amendment in the Honse bill striking out everything P~11~~·!~:rt~f~~:~~n~i:t!r"i~~hd~il.If~0!:~ ~~~~:!1:: ~cili!~~~e~~t after the enactin~ clause and insertin~ the entir~ bill p:oposed ~y the ing action and are of the same character as those examined. Senate as a substitute for the House bill. It stnkes me 1t goes Wlthont . In the McCook and North Platte districts, Nebraska, ~me ht}ndred and sixty- saying you can not take np one proposition after another. It is pre- :~:~t¥~~~e:~t!f!d:a~! ~uO::::~~~r:d0 ~reh~~~~ ~:n~~~~~~~~e~ndr~;~1~ sen ted as an entirety; we agree o1· we do not agree. I do n~t know ar· is now a fugith·e from justice. ' gument can make it plainer. 7174 OONGRESSION AL REOORD_..:.HOUSE. JULY 19,

Mr. RYAN. Is it competent for a conference to agree to a. part of the tee of the Whole from the further consideration of the joint resolution Senate a.mendments? (H. Res. 118) relative to certain papers in the State Department depos­ Mr. PAYSON. Undoubtedly. . ited there by error, and put it upon its passage. This resolution pro­ Mr. RYAN. And disagree to another? vides for the.withdrawal from the State Department of these papers, ]fir. REED, of :Maine. The House is not controlled by the confer­ and was reported by the Committee on Foreign .Affairs in the last Con­ ence. gress as well as in this unanimously. Mr. SPRINGER. It occms to me this is but one amendment. To The SPEAKER. The joint resolution Will be read subject to objec- recede from the House disagreement to the Senate amendment and agree tion. · to the same is one proposition. But we can recede from our disagree­ The joint resolution is as follows: ment to the Senate amendment and agree to the same with an amend­ R~ olred, &c., That the Secretary of State be, and he is hereby, directed to de­ ment thereto to leave out any of the sections. . There are but two propo­ liver to the person .i ustly entitled to tbe possession thereof the papers in the claim of the late Joan Potts, a British subject residing in Merico,presented to the sitions now before us: First, to insist on our disagreement, which is the United States and 1\Ie:rican Claims Commission through the agency of a.l\Ir.l\lac· proposition of the conference committee. The second, to recede from 1\Ianus, also a resident of Mexico, aid papers containing certain original docu­ our disagreement to the Senate amendment and agree to the same with ments issued by the Mexican Government on the collect>Ors of customs at sundry ports for the payment of moneys to sa.id .Tohn Potts, and which moneys he ha

By Mr. WILLIS: A bill (H. R. 9885) for the relief of G. D. Hamil­ By Mr. MoFFAIT: A bill (H. R. 9915) granting a pension to Levi ton, of Louisville, Ky.-to the Committee on War Claims. Tresige-to the Committee on Invalid Pensions. By Mr. WHEELER: A bill (H. R. 9886) for the .relief of C. C. Spiller By Mr. ADAMS, of lllinois: A bill (H. R. 9916) to authorize the and others-to the Committee on War Claims. Omaha Southern Railroad to construct and operate a railroad thl'oqgh .Also, a bill (H. R. 9887) for the relief of Mrs. Susan Fletcher, widow the Indian Territory, and flied. That the Clerk of the House be authotized. to employ for a ]!Criod of Company F, One hundred and ninety-sixth Ohio Volunteers-to the not exceeding two months a clerk, at the rate of $6 per diem, to be paid out of Committee on Invalid Pensions~ the eontin~nt lund of the House, to ~ eomplete the index of Southern Claims Commission reports and cases referred to the Court of Claims under the "Bow­ By Mr. WARNER, of Missouri: A bill (H. R. 9901} to place the name man act," heretofore authorized by the House. of George W. Hollis on the pension-roll-to the Committee on Invalid Pensions. To the Committee on Accounts. By Mr. GUENTHER: A bill (H. R. 9902) to pay Gabriel Wick the sum of $700 for property destroyed by the burning of a Government lock­ EVE~G SESSION. house-to the Committee on Claims. The recess having expired, the House (at 8 o'clock p. m.) resumed :By Mr. DA vrs: A bill (H. ,R. 9903) for the relief" of the owners of its session. the schooner Mary ~Iershon-to the Committee on Claims. By Mr. SHAw: A bill (H. R. 9904) for the relief of Cyrus Gault­ MODIFICATION OF POSTAL MONEY -ORDER SYSTEM. to the Committee on War Claims. Mr. BLOUNT. l'r!r. Speaker, I call up for present consideration the By M:r. GrnsoN, of Maryland: A bill (H. R. 9905) for the relief Qf bill (H. R. 5878) to amend an act entitled "An act tO modify the postal William C. Spencer, late lieutenant Second Infantry and captain Sev­ money~order system, and for other purppses,'' approved March 3, 1883; enteenth Infantry-to the Committee on Military Affairs. and yield to my colleague on the comm.ittee, Mr. JoNES, of Texas. By Mr. VAN EATON: A bill (H. R. 9906) for the relief of :Airs. Isa- The bill was read, as follows: bella McSwain-to the Committee on War Claims. . Be u enacted, &c., That the first section of the act entitled "An act to modify the postal money-order system, and for other purposes," be amended so as to By Mr. WARD, of Illinois: A bill (H. R. 9907) for the relief of Peter read as follows : Casey-to the Committee on Military Affairs. 11 That for the transmission of small sums under $5 through the mails the Post­ By Mr. BoYLE: A bill (H. R. 9908) granting a pension to Henry master-General may authorize postmasters at money-order offices, or at such other offices as he may designate, to issue money-orders, without correspond ill~ Drake-to the Committee on Invalid Pensions. · advices, on an engraved form to be prescribed and furnished lly him; an<} a By Mr. ATKINSON: A bill (H. R. 9909) for the relief HenryS. Wis­ money-order issued on such new form shall be designated and known as a. "pos­ hart, late captain Co~pany F, Seventy-seventh Pennsylvania Volun­ tal note," and a. fee of 3 cents shall be charged for the issue thereof. EYery post­ master who shall issue a postal note under theauthorityof the Postmaster-Gen­ teers-to the Committee on Military .Affairs. eral shall make the same payable to bearer, when duly receipted, a.t any money­ By ~Ir. NEECE: A bill (H. R. 9910) granting a pension to George order office; and after a postal note has once been paid, to whomsoever it ha8 Murfin-to the Committee on Invalid Pensions. been paid, the United States shall not be lia.ble for any further claim for the amount thereof; but a. postal note shall become invalid and not payable upon By Mr. PRICE: A bill (H. R. 9911) granting a pension to Julius C. the expiration of three calendar months from the last day of the month during Monson-to the Committee on Invalid Pensions. which the same was issued ; nnd the holder, t.o obtain the amount of an inYalid By Ur. PERKINS: A bill (H. R. 9912) for the relief ofT. B. Stearns, postal note must forward it. to the Superintendent of the Money-Order System, at Washington, D. C., together with an application, in such manner and form as of Cherokee County, Kansas-to the Committee on Military .A.:ffairs. the Postmaster-General may prescribe, for a duplicate thereof, payable to such By Ur. HOLMAN: A bill (H. R. 9913) granting a pension to Clara I. holder; and an additional fee of 3 cents shall be charged and exacted for the Worstell-to the Committee on Invalid Pensions. issue of the duplicate: .Pr0'11ided, That ·au provisions of law applicable to the issue of postal-notes at money-order offices, and to postmasters' clerks and other Also, a bill (H. R. 9914) granting a pension to Thomas F. Brown­ employes therein, shall be equally applicable to officers authorized to issue pos- to the Committee on Invalid Pensions. tal notes under this act." · 7176 ' CONGRESSIONAL: RECORD.:_HOUSE. JULY 19,·

SEc. 2. That section 3463 of the Revised Statutes be amended so as to read as dollars and cents are punched out, and it would be difficult without lollowe, to wit: . "SEO. 5463. Any person who shalJ, with int~nt to defraud, falsely make, forge, changing the present system to extend that to $5. It allows the trans­ counterfeit, engrave, or print, or cause or procure to be falsely made, forged, mission of any sums now up to $4. 99. Above that amount the money counterfeited, engraved, or printed; or willingly aid or assist in falsely making, orders come in. · forging, counterfeiting, engraving, or printing, ~Y order in imitation of, or pur· porting to be, a money-order or postal note issued by or under the direction of Mr. . HOLMAN. Where is the trouble in using the same system in the Post-Office Department of the United States, or of any foreign country, and regard to $5 and under? payable in the United States, or any material signature or indorsement thereon; Mr. WARNER, of Ohio. It would require a new series to begin at any person who shall falsely alter, or cause or procw·e to be falsely altered, or will­ ]i.JJgly aid or assist in falsely altering any such money-order or postal note; any $5; and if yon do not want to run above $5 you do not want to begin person who shalJ, with intent to defraud, pass utter, or publish, or attempt to at that sum. It would require an entirely new senes. pass, utter, or publish, as true, any such false, forged, counterfeited, or altered Mr. HOLMAN. But that is quite an unimportant item, it seems to .money-order or postal note, knowing U1e same, or any signature or indorsement thereon, to be false, forged, counterfeited, or altered, shall be punishable by a me, in view ·of the value of such a. service where it extended to sums tine of not more than $5,000, or by imprisonment at hard labor for not less than of even $5 or less. two years and not more than five years." The value of the postal notes will be greatly increased by extending Ur. JONES of Texas. Let the report be read. it to $5. . . . 'The repor.t (by Mr. JoNES, of Texas) was read, as follows: Mr. PETERS. In order to obtain the 1 cent difference between $5 and $4.99 there would be required a. large amount of expense tore- The Committee on the Pos~Office and Post-Roads, to whom was referred U1e bill (H. R. 4677) to authori~e the payment of postal notes at any money-ordet· of­ print the poStal notes now prepared by the Department. • fice, and for other purposes, beg leave to submit the accompanying substitute Mr. HOLMAN. I do not insist on tbe amendment. therefor and recommend its passage. · The SPEAKER. Tbe question is on ordering the bill as amended Section 1 of this bill amends section 1 of the act of:March3, 1883, which ~uthor-, ized the issue of postal notes, by adding a provision that postal notes shall be· to be engrossed and read the third time. · payable at any money-order office authorized by the Postmaster-General to r.ay Mr. BUCHANAN. I offer an amendment to come in at line 22 of such note, and an additional provision empowering the Postmaster-Genera , in section 2. his discretion, to designate pos~offices for the issue of postal notes only, inde­ pendently of money orders. These provisions will widely extend the useful­ Mr. JONES, of Texas. I have not yielded the floor, and demand ness of the postal note, and in the opinion of the Post-Office Department, after , the previous question. • an experience of nearly two years and a half, will render them more conven- The previous question was ordered, and under the operation thereof ient and give greater satisfaction to the public. . The first provision will obviate all the difficulty now encountered through the the bill was ordered to be engrossed and read a third time; and being mistaken payment at one money-order office of a postal note drawn upon.an­ engrossed, it was accordingly read the third time. other (payments which now occur in considerable numbers), and would fur­ .Mr. JOl\TES, of Texas. I move the previous question on the passage thermore save the clerical labor now 1·equired in post-offices of designating the office of payment on the face of the note, of recording the name thereof on the ofthe bill. corresponding stub, and of reporting the same to thePost-OfficeDepa.rtmentin . On ordering the previous question there were-ayes 67, noes none. the postmaster's weekly statement of money·order business. It would like­ So (further count not being called for) the previous question was or­ wise facilitate the payment of postal not-es, inasmuch as it would no longer be necessary for the paying officer to examine carefully each note presented to see dered; and under the operation thereof the bill was passed. that it is properly drawn upon the money-order office of which payment is de­ Mr. JONES, of Texas, moved to reconsider the vote by which the manded. This provision was recommended by the Superintendeutofthe Money­ bill was passed; and also moved that the motion to reconsider be laid Order System in his last annual1•eport, and by the Postmaste1--General in these words: on the table. "The argument he (the Superintendent.) adduces in support of his further The latter motion was agreed to. J•ecommendation that post.al notes should be made issuable to bearer and pay­ able at any money-order office so satisfactorily" enforces it that addition is un­ FREE-DELIVERY SYSTID.I. uecessary. It is to be hoped that the public will not long be forced to wait the • grant of this improvement in their service." Mr. BLOUNT. I call up the bill (H. R. 7536) to extend the free­ The second provision extendB to post-offices situated in the smaller towns and deli very system of the Post-Office Department, and for other purposes, villages where, for lack of post-office capital, a general money-orde1· business can not be maintained, a medium of exchange greatly needed, and in many lo· and yield to my colleague on the committee, the gentleman from Mis- calities. urgently demanded. Sparsely settled communities where there are no souri (Mr. DOCKERY]. . . • banks will thus be supplied with a convenient means of remitting small sums The SPEAKER. 'This bill is in Committee of the Whole House on to business centers. '!'be responsibility of the postmasters at such offices will be increased simply in the face value of the small number of blank postal notes the state of the Union. · in trusted to their charge, a responsibility which it is thougbt can be I"eadily pro­ :Mr. DOCKERY. I move that the House resolve itself into Commit­ ' 'ided for by means of small additional bondB. The Pos~Office Department will tee of the Whole House on the state of the Union. not need to undertake to supply such smaller offices with fun dB, because they are simply to be granted the privitege of issuing postal notes, not of paying· 1\Ir. HOLMAN.· Perhaps there would be no objection to considering them, the only privilege which the business necessities of their communities the bill in the House. ~~~ . Mr. DOCKERY. I prefer to insist on my motion. Section 2 of the bill re-enacts the existing statute (section 5!63, Revised Stat­ utes), and extends its provisions to postal notes as well as to money-orders issued 'The motion was agreed to. . in a foreign country for payment in the .:United Stat-es. The House accordingly resolved itself into Committee of the Whole '!'he necessity for this legislation lies in the fact that there is nothing specific on the state of the Union (Mr. HATCH in the chair), and proceeded to in existing law that subjects" person who forges the signature upon a money­ or.uer issued in a foreign country for payment in this country to trial, and if consider the bill (H. R. 7536) to extend the free-delivery system of the found guilty, to punishment. A case of this nature occurred in the late part of ·Post-Office Department, and for other purposes. 1883, at Bay City,1\Iich., where the U nite,000, may· be consolidated in The amendment was agreed to. one pos~office delivery, and the post-office located where it shall be deemed Mr. JONES~ of Texas. The1·e is also a typographical error which most serviceable to the public convenience. has crept in the bill, and the committee direct me to move its amend­ SEc. 2. '!'hat there may be in all cities which contain a popufatfon of 75,000 or wore three classes of letter-catTiers, as follows: Carriers of the first class, whose ment. salaries shall be $1,000 per annum; of the second class, whose salaries shall oo It occurs on the second page i1;1line 32, after the word "postmasters." $850 per annum; and of the third class, whose salaries shall be $600 per annum. An apostrophe has been inserted improperly. It changes the sense of Sxc. 3. That in places containing a. population of. less than 75,000 there may be two classes of letter-carriers, as follows: Carriers of the second classt whose the sentence by putting it in the possessive case when it should be in salaries shall be SS00 per annum, and of the third class, whose salaries snall be $600 the objective. This apostrophe should be stricken out and a comma per annum. This act shall take effect on the 1st day of Ju1y1 .A.. D.l886. inserted after the word ''postmasters.'' SEc. 4. That all laws inconsistent he1·e·with are hereby repealea. The amendment was agreed to. The Committee on the Post-Office and Post-Roads recommended the Mr. HOLUAN. Mr. Speaker, I wish to inquire, without making any following amendment: motion for the present, whether the committee have considered t.he pro­ In section I, commencing at line 9, strike out the following: priety of perin.itting these postal notes to extend to $5. - "And at any pos~officewhich produced a gross reve6uefor the preceding fi cal 1lir. JONES, of Texas. Y e8, sir; they extend now to sums pelow $5. year of not less than $1.0,000; and cities, villages, and bm·oughs in convenient 1\fr. WARNER, of Ohio. To $4.99. proximity, whose agg'regate population shall equal 15,000, or whose post-offices together produced a gross revenue for the preceding fiscal year of 15,000, may l\1r. HOLMAN. I move, if my friend f1·om Texas will consent, to be consolidated in one post·office delivery, and the post-office located where it strike out the word "under" where it occurs in the sixth line of the shall be deemed most serviceable to the public con>enience." :first section of the bill and insert the same word after the word ''dol­ And insert a."! follows: "According to the last general census taken by authority of State or United lars, I I ID the -~Venth line; 80 that it will read: · States law, and at which place the post-office produced a. gross postal revenue That for the transmission of small sums, $5 and under, &c. for the preceding fiscal year of not less that $10,000: PrO'Vided, This act shall not affect the existence of the free delivery in places where it is now establi bed: Mr. BLOUNT. I hope my friend will not insist upon that. A11d prO'VidedfurUter, That in offices where the free delivery shall be established )£1·. WARNER, of Ohio. If the gentleman from 'Texas will allow under the provisions of this act, such free delivery shall not be abolished by reason of decrease below 10,000 in population and SIO,OOO iu gross postal re'\"e· me, I will state that the reason for making it applicable to sums under nue, except in the discretion of the Postmaster-General. " $5 is that in issuing the pos~al orders the numbers representing the In section 2, 1ine 5, strike out "S850" and in crt ·• $SUO." 1886. CONGRESSIONAL ·RECORD-HOUSE. 7J77

Mr. DOCKERY• • This is a bill to extend the free-delivery system carrier is appointed there must be a. principal, either a first or a second and to classify the carrier service. The free-delivery service was orig­ class carrier; sothattheeffectofthisbill,ifit has any effect at all (and inally established by the act of March 3, 1863, and went into operation it does affectthesalaries to this extent), wUl be that for the.first y~ ~f July 1, 1863, with sixty-six offices, and cost the :first year$317,061.20. a free-delivery office the Postmaster-General will be authorized to in­ The original act bas been amended by the act of February 21, 1879; augurate the system with third-class carriers, thus saving the ditl"'erence and the law now authorizing the free-delivery system constitutes sec­ between the salaries of first class and third class carriers. tion 5 of that act. .And that the House may be fully advised as to its Mr. SCOTT. If the gentleman will permit me, under the present terms I will read section 5, which authorizes the present system. It law there are letter-carriers who go into the service without pay and provides that- are kept there learning the routes and the various duties, sometimes for Letter.:CS.rriers shall be employed for the free deli>ery of mail-matter as fre­ five or six months acting as substitutes without pay. Do I understand quently as thepublicconvenience may require, at every place containing a popu­ that these third·class carriers are to be substituted for that classof car- . lation of 50,000 within the delivery of its post office, and may be so employed at every place containing a. population of not less than 20,000 within its corporate . riers? limite, and at post-offices which produced a. gross revenue for the preceding Mr. DOCKERY. I am obliged to the gentleman from Pennsylvania fiscal year of not less than $20,(1()(): Provided, That this act shall not aft'ect the for his question. This bill makes no change whatever with reference free deliyery in towns and cities where it is now established. to substitute carriers. It leaves the existing law iri.tact. - That is the present law authorizing the free-delivery system. This .M:r. SCOTT. Will the gentleman allow an amendment to be put bill proposes to amend that law so as to extend the service to cities upon this bill providing that where the post-office takes one of these having a population of 10:000, ascertained according to the last general men and keeps him four or five months learning the business, so that census taken by authority of State or United States law, and at which in case of a vacancy tp.ere will be a carrier on hand to do the work, he place the post-office produces a gross postal revenue for the preceding shall have some remuneration while he is discharging those duties and 1iscal year of not less than $10,000. shall not be kept there doing duty and supporting himself? In other words, the commit~e propose to extend this system to all Mr. DOCKERY. I will read the present law on that subject, to cities having 10,000 population, the post-offices of which for the pre­ which I have never heard objection made by any one. This is the ceding fiscal year produced a gross postal revenue of $10,000 or more. law: · This provision of the pending bill will extend the free-delivery system to Prcwided, howcvu, That the Postmaster-General be, and ho hereby is, author­ forty-three cities at a cost-provided that the law had gone into opera­ ized to appoint one or more substitute letter-carriers, whose compensation shall tion at the beginning of the present fiscal year and provided that it shall ·be $1 per annum and the pro rata. compensation of the letter-carriers whose be established at every one of these forty-three cities-of $115,558.20. routes they may be required to serve. But, as is well known to members who have investigated this matter, The gentlemen will see that when one of these "substitutes" per· there are some of these cities that perhaps will not apply for the serv­ forms service as a carrier he gets the pay of the carrier whose substi; · ice. ';['hen again there are others of these forty-three cities that will tute he is. not have what has been heretofore conside1·ed requisite by the Depart­ ~Ir. SCOTT. But that class of substitutes remains on duty some­ ment, such as properly-numbel'ed houses, lighted streets, and paved times three or four or five months, and perhaps they do get a dollar or planked sidewalks; so that the committee estimate that the-appro­ once in a while, but not often; and after all they are often driven out priations for the first year to carry into effect this provision of the bill of the service because they can not remain without comyensation. • will not require to exceed $75,000, and I think a reasonable estimate Ur. DOCKERY. If they are driven out it is because the office has would be $50,000. no use for their services. They take these positions in the hope th¥,. Mr. BRAGG. Will the gentleman from Missouri permit me to call by resignation or accident or something of that kind, they may succeed his attention to section 2, where the committee has stricken out of the to the plaCes of carriers. . salaries provided for carriers of the second class the words "and fifty," Mr. BINGHAM. They are in the service in the position indicated making the salary $800? by their title. They are "substitutes," and if I am a carrier and am Mr. DOCKERY. If the gent.leman will pardon me, I will come to absent from my duty a day or a week, the substitute is the only man the second and third sections in a moment. I am only addressing my­ authorized to do the work, and he gets my pay during the time I am self now to the first section. The Clerk suggests to me that anumber absent and he is on duty. of bills improperly printed are in the hands of members. The original Mr. SCOTT. I remember that there is an expression to the effect bill was incorrectly p;rinted and a reprint of the bill was ordered. The that·" hope deferred maketh the heart ache," and I have known these correct bill is here, and if some page will take charge of it members substitutes. to stay in-the service three or four months, until they had can see precisely what it contains. · ' become thoroughly acquainted with the duties of the pOsition, and after :M:1·. BINGHAM. I wish to ask the gentleman from Missouri a ques­ all be compelled to give it up in disgust. Then when a vacancy did tion, thatthe House may thoroughly understand his position, which I occur a new and untrained man had to be taken up who wasunableto fully understand, but by virtue of the misprint in the hands of many gen­ perform the service ns it ought to be performed, and that was.the result tl~men is not understood: What I want gentlemen to distinctly un­ of allowing these trained substitutes no compensation. If a salary of detstand is this proposition. The bill that the committee recommend $400 per annum were allowed to these substitutes there would be some is that the letter-carrier service shall be established at cities containing inducement for them to remain in the hope of promotion; but when a population of 10,000 as well.as producing a gross revenue of$10,000. they receive no pay at all it is not tO be wondered at that, growing Mr. DOCKERY. The gentleman from Pennsylvania states the pro­ weary of-waiting, they leave. visions of the bill correctly; as I endeavored to do a few moments ago. Mr. DOCKERY. The salaries of substitute letter-carriers, like those :Mr. McMILLIN. Will the gentleman yield for a question? of all officers under the Government of the United States,· ought to be 1\Ir. DOCKERY. ·If the gentleman will permit me tp explain the based on the service rendered; and if these substitute carriers render second and third sections of the bill I will then yield to the gentle­ no service to the Government they ought not to receive any compensa- man for a question. ti~. . Mr. McMILLIN. This is the section to which my question relates. Mr. BRAGG. Will the gentleman.answer meonequestion? In sec­ Mr. DOCKERY. Then I will hear the gentleman. tion 2 the pay of second-class carriers is fixed at $800, and in section Mr. McMILLIN. How many towns are there in the Union that will 3 the pay of second-class carriers is fixed at $850. I desire to know be entitled to this increase of service that would not otherwise have it? whether this is purposely done. Mr. DOCKERY. Forty-three, as I said a little while ago. Mr. DOCKERY. It is purposely done, and it is the present law. .Mr. WARNER, of Ohio. Now, ifthe gentleman from Missouri [Mr. Mr. FELTON. I wish to know whether it is intended to have in DoCKERY] will allow me, I will call his attention to this bill. Since he this service a sort of training-school; whether a set of substitutes are stated that some of the bills have been in·correctly printed I have sent to be kept under pay with a view to the contingency of their services and got another, and I still find stricken ou"t the provision which au­ beipg required. thorizes the Postmaster-~eneral to extend the free-delivery system to l\I1·. DOCKERY. That is the purpose of the law. The gentleman towns or cities having a population of 10,000 and a gross revenue of will remember that under the existing law the letter-carriers receive $10,000. . thirty days leave of absence, during which time these substitutes come Mr. BURROWS. If the gentleman will turn his bill over he will in and perform the work, and whenever a vacancy occurs ohe of the find the amendment on the other side. substitutes is appointed to such vacancy. · Ur. DOCKERY. The correct bill will be found at the conclusion of Mr. Chairman, I ask .unanimous consent that general deba.te may my report. I do not think there is any trouble about the matter. If close, and that we may now proceed to consider th~ bill by sections. the gentleman from Ohio [Mr. W AR~ER] will examine the bill, he will Mr. CRAIN. That does not cut off amendments? · find the amendment on the second page. Mr. DOCKERY. It does not. Now, Mr. Chairman, the second and third sections of the bill simply The CHAIRMAN. The gentleman from ?!Iissouri [l\Ir. DOC.KERY] classify the letter-carrier service. They make no changes whatever in· asks unanimous consent that general debate on this bill be now closed. the salary account of that service, but simply classify the carriers. · As Is there objection? The Chair hears none. The Clerk will report the the law stands at present there are first and second class carriers and bill by sections for amendment and debate under the five-minute rule. auxiliary carriers. These sections of the bill provide for first, second, The Clerk read as follows: · _ , . and third class carriers, the third class taking the place of the auxiliary Be 1.l enact-ed, &c., Tlui.t letter-carriers shall be employed Cor the f1·ee delivery carriers. The Attorney-General has decided that where an auxiliary of mail matter, as frequently a the public business may require, at e•cry incor- 7178 CONGRESSIONAL REOORD-HOUSE. JULY 19,. ponted city, village, or borough containing a population of 50,000 within its withdraw his motion to strike ont the seventeenth and eighteenth lines corporate limits, and may be so employed at every such place containing a. popu­ 1 lation of not les than 10,000 within its corporate limits, and at any post-oftice and substitute what I have suggested after the word ' law." which produced a. gross revenue for the preceding fiscal year of not less than Ir. PLill:IB. Very well. I accept that. $10,000; and cities, villages, and boroughs in convenient proximity, whose ag­ Mr. BLOUNT. I suggest that this is not a substitute. gregate population $11 equa.ll5,000, or whose po t-offices together produced a The CHA.IR~IAN. But the amendment, as the Chair understands, · gro s revenue for the preceding fi~l year of 15,000, may be consolidated in one post-office delivery, and the post-office located where ifi shall be deemed most ha been withdra.wn and presented in fopn as now modified. serviceable to the public convenience. Mr. BLOUNT. B·nt the amendment had been debated and it n The amendment reported by the Committee on the Post-Office and not be withdrawn without consent. Post-;Roads was read, as follows: The CHAIRMAN. There was no objection, as the Chair understood, Strik.e out from the words "and at any po t-office," in line 9, down to the- end to the modification. · of the section, and insert the following: 1r. HEPBURN. I now offer the amendment which I h.a'\"e ug- ".According to the last general census taken by authority of State or United gested as a substitute. States la.w. and at which place the post-office produced a gross postal revenue The CHAIRMAN~ The Clerk will read. for tbe· preceding fiscal year of not less than $10,000: ~·otJidetf, This act shall not affect the existence of the free delivery in places where it is now establi bed: The Clerk read as follows: And pi'O'Videdfurther, That in officeswbcre the free delivery shall be established In line 18, strike out the word" and 'and insert the wot·d " or;" so tllllt iii unde•· the provisions of tJ1is act, snch free delivery shall not be abolished by rea­ will read: son o :' decrease below 10,000 in population 1\Dd SLO,OOO in gross postal reyenue, "AccordJng to the last general census taken by authority of St te or United except in the discretion of the Postma.stm·-Genera.L" States law, or at which pl:lce the po t-office produced a. gro postal revenue," &c. Mr. PLUMB. I offer the amendment which I send to the desk. The Clerk read as follows: 1r. DOCKERY. I want to be heard on the amendment and the substitute. Strike out line 17 and all of line 18 down to the word "law," and after line 8 insert the follo \Ving ~ I sincerely hope this House will not adopt the amendment of the_ uAnd within the limits of adjacent blocks which not be in~ within such cor­ gentleman from lllinois:.- This system and every other system that in­ porate limits and are immediately adjacent thereto, and are occupied by those volves an expenditure of the people's mriney ought to rest upon a solid who receive their mail matter at the post-office wiLhin said corporate limits." and s.table fon:nda.tiont and we all 1..-now how unreliable these cens113 ?tlr~ DOCKERY. I reserve a. point of order on that amendment.to returnS: are which are taken simply by the anthorities of a city or Til­ hear a statement from the gentleman. lage.. Mr. PLillfB. Mr. Chairman, theobjeet-ofthisamendment is to ex­ I know. s.ir, of n city within the State of Missouri where a cen us tend the provisions of this bill not only to those cities having within wa.'3 taken for a purpose that exhibited a population of 4,50() people, their corporate limits 10,000 inhabitants, but to cities which, failing to while by the Federal census the city had_a popnlation of only 3,000~ meet this requirement, would be brought within the benefits of the sys­ and there was no growing business or population which would indicate tem by including as part of their population adjacent and thickly set­ tliat there had been an increase.()[ 1,500 people· in five ye rs.. . tled territory, the inhabitants of which receive all their mail matter at Again Mr. Chairman, I hope the amendment or snbstitute of the the post-o1fice of the adjoining city. I know of m~y cities of this gentleman from Iowa [Mr. HEPBURN] will not prevail, fol' the reason char:teter where for '\"a.rious reasons the adjacent population is no.t in­ that it involves an.e..x.penditnre from the pcliblic Treasn.rythatthisHouse cluded within the corporate limits, but is to all intents :md purposes a cau not now afford to make. I am, sirt an earnest advocate of tlrisfree­ pm:t of the popul:ition o.f the city~ and just ac; mnch entitled to the delh-ery system. It was organized on the. 1st day of July, 1863, and ~efits of the letter-carrier system as t.l'l.ough within the corporate . up to the 1st of Jnly_of the present year, twenty-three years, only one l.i.ID.ifs. It is to meet. the requirements of such communities that my hnudred and eightyc~ties of the United States had been bmughtwithin amendment is offered. i provisions. This bill proposes to extend that system to forty-three Mr. BLOUNT. M:r. Chairman, I trust that this bill, which has been additional cities in one year, which, in my opinion, is progress suffi­ carefully prepared under the supervision of the Post-Office Department, cient for this Congress to make. If the amendment of the gentleman will be passed as nearly as possible in the form in which it has been fr m Iowa be adopted it extends the system to one hundred and ten reported. The hill provides th!lt the population necessary to entitle any olher cities at an expenditure to the people of $330,000. city to the benefits of the free-deli'\"ery system shall be ascertained by N'ow, while I mot, henrtilyf:wor the system I am not at thi session the Federal cen;;usoraState census. When you adopt any otherstaml­ willing to go to that limit in its behalf. Let us.passthis bill. Letns ard yon must resort to the estimates of persons.residing in the locality, go to the limit of forty-three cities, and in the next year if thought sometimes the postmasters, nl ways persons interested in making a brge best we can extend-it stili further and take in the remainder of the a snowing of population as possible~ The only way to avoid an exag­ one hundred and ten cities covered by the substitute of the gentleman gerated statement of population is to adopt the method indicated by' from Iowa.. [Mr. HEPBURN]. the bill. I trnstthattheamendmentjust offe:redwillnot be agreed to. Mr. BLOUNT. I rise to a parUamentary inquiry. Mr. TAULBEE. I desire~ask thegentlemanfromGeo:rgiawhether The CHAJRJ\IAN. The gentleman will state it, there is any definite information as t(} what this bill will cost. Mr. :BLOUNT. I 1vish to know-the Chair has now in possession . Mr. BLOUNT. Oh, yes. the atll.eUdment of the gentleman from Iowa-if in the opinion of the :Ur. CUTCHEON. The report- shows. that. Chair-- Mr. BLOUNT. The experien'Ce oi the Department furnishes a pretty The CHAIRMAN. The Chair will state the question. good guide in making an estimate. rr. BLOUNT. I h..wenot completed myinqniry. A A1EMBER. What is the-estimate? '!'he CHA.IRMAN. The. committee submitted an amendment to the 1tf"r. BURROWS. The estimated ~ense to be incurred _!-lllder this first section, to which the gentleman from Illinois on the left offered bill is 115}000. a further amepdment, and afterward modified it on the suggestion of The CHAIRMAN.' The question is on agreeing to the runendruent the gentleman from Indiana on the right. The gentleman trom Iowa propssed by the gentleman from Illinois, and debate has been ex­ offered an amendment as a substitute. hausted. Mr. BLOUNT. Whieh is no substitute a.t all. ~ I desire to make my Ur. HEPBURN. I have a further amendment. I move to trike parliamentary inquiry, which I had notr finished. On e:mmination of 1 out the word ''and,'' in the eighteenth line, and insert the. word ' or.'' the proposition of the gentlemon irom Iowa if; does not rel~te to the I think ifthat is done the object of the g~Ueman from Illinois will be :un~ndment pending, and it e()uld not be, as a matter of course} a sub­ accomplished_ stitute. The CHAIRMA....~~ There are two amendments pending. Ir. HEPBURN. It i evident the chairlllii.Il of the Committee on }.!r. BLOtThTT. I desire t() s_uggest that there are two amendments the Post·Office and Post-Roads has not examined the amendment, or pending at this time. . he. would no£ make that statement. It does refer to the amendment. The CHAIRMAN. The Chair ha.s so stated. Mr. ~LOUNT'. It relates to another subject, and I hold it is not in lli. BLOUNT. Consequently a third amendment wonld. not be in order. • order. The CHAIRMAN. Does the gent1eman make the point of oTder Tl1e CH.AIRUAN. The first questiOn is on the amendment of the against it? gentremart from illinois. ~Ir. BLOUNT. I do make it; I have already made it. Mr. HOL~:1AN. I move to strike ont the last word. The CHAIRMAN. What is the noint of order? The CHAIRMAN. There a.re two amendments pending already. Mr. BLOUNT. That it is not in-order as a substitute. Mr. HOLMAN. I offer -it. in the ay of a substitute, or rather I The CHAIRMAN. The Chair overrules the point of order. make a motion to amend the textwhichisproposed to be stricken out, Mr. McCOMAS. I desire to make an inquiry of the gentleman from and suggest to the gentleman from Illinois that the words "according Missouri [1\Ir. DOCKERY]. I am in fa'\"or of the. bill and shall ,·otefor to the. ~st general cen..."'US taken by authority of State or United States it in any shape; but, if I understand.. under the present system the al- law " had better be allowed t() stand, and insert after the word "la.w" ternative is so much population or so much receipts? · "or a census duly taken under authority of such city,· village, or bor­ Mr. DOCKERY. The present law is 20,000 population or twenty ough. ''' thousand revenue. This bill provides for 10,000 population and ten Mr. PLUMD. I accept the suggestion and will so' modify the amend­ thOU8and revenue. ment. Mr. McCOMAS. Now~ then, when we come down in popula-tion why Mr. HOLMAN. I would suggest, the:r,dore, that the gentleman should we not have an alternative o-frcceipts? 1886. CONGRESSIONAL RECORD-HOUSE. 7179

Mr. DOCKERY. For the reason that that involves an expenditure of by the gentleman from Missouri [11ir. DOCKERY], it will increase the $445,000. expenditure by $300,000 and make it almost impossible to establish 111r. FELTON. That is in the discretion of the Postmaster-General, the service. · is it not? Mr. DOCKERY. If the gentleman wiil allow me to corr~~t my own Mr. DOCKERY. The establishment of offices everywhere in cities statement I will say that instead of extending the service to one hun­ with a population below 50,000 is withill his discretion. What is now dred and ten it ext-ends iii to one hundred and twenty-two cities, and proposed involves an expenditure that I feel we· are not warranted in makes the total increased cost resulting from the amendment $366, 000; making. I am willing to give the free-delivery system to cities having which, with the amount carried by the bill, $115,000, makes the total• a population of 10,000 which produce $10,000 revenue. cost $481,000. Is the House willing to vote this enormous expendi­ ~Ir. CANNON addressed the Chair. ture? ·The CHAIRMAN. Debate on the pending amendment is exhausted. Mr. bULLARD. As I knt1w that my friend from illinois [Mr. CA...'r­ Mr. CAJ\."'NON. I move to strike out the last word of the substi- NON] desires to be right on every occasion, I am very confident that if tute. . he will examine the bill carefully he will come to the con.clnsion that A Mlrn:BER. There is only one word in it. this is the best biU that can be presented under our present eirctnn­ l\.fr. CANNON. Then I move to strike out the last letter of the sub­ stances. stitute. blr. CANNON. I have examined the question carefully in years I want to talk a minute about the effect of this bill. I am for an gone by, and I have always found that cities in the older parts of the amendment of the law touching free-delivery cities. I have sat here country get the free delivery, though needing it less than the younger year after year and seen this law amended from time to time and have and Diore progressive cities in the West which.yield more revenue. seen the cities that had the population prescribed by the law get the Mr. MU.I.A RD. I yield the balance of my time to the gentleman free delivery that did not deserve it one-half as much other cities with from Connecticut [Mr. BuCK]. less population, that yielded double the revenue, until·! got ·tired of The CHAIRMAN. The gentleman has one minute reil)Jlini:ng. that"kind of thing. Mr. BUCK. Mr. Chairman, in that one minute I wish to say that I undertake to say the be t proof that a city needs the free-delivery in my opinion to make the gross revenue the standard to regulate the system is the amount of revenue it produces. If you take this list of giving of this privilege would be an unwise step. Beca~e you have offices you find some cities of 13,000 or 14,000 people producing far less a large amount of gross receipts at a certain post-offic

the chair, Me HATCH reported that the Committee of the Whole House Department when that expense must be provided out of the general on the state of the Union having had under . considerati~n the bill (H. Treasury instead ofheing provided by the postal revenues of the country. R. 7536) to extenfl the free-delivery system of the Post-Office Depart­ If yon will make provision for the expense out of the postal revenues, ment, and for other purposes; had come to no resolution thereon. . I will not object to the bill or vote against it. ~t the proper time I Mr. DOCKERY. I move that the Honse again resolve itself into wish to have my amendment voted on. , Committee of the Whole House on the state of the Union for the further Mr. MORRISON. Is there any town or city of 10,000 inhabitants . consideration of House billNo. 7536; and pending that motion I move where the revenues do not pay more than the expenses? that all debate on the paragraph last under consideration in Committee Mr. WARNER, of Ohio. The revenues of such offices very likely of the Whole and all amendments thereto be limited to ten minutes. do pay, but not including free delivery. 1\Ir. BINGHAU. The gentleman had better make the time a little Mr. LOUTTIT. · I should like to ask the gentleman fi:om Ohio a longer. · question. Mr. W .A.RNER, of Ohio. I desire to offer an amendment, and to be 1\Ir. WARNER, of Ohio. We can not separate cities or towns of heru·d five minutes upon it. 10,000 and count their revenues alone and say they pay. Yon have to Mr. BLOUNT. The committee has a number of bills to bring before take these in connection with the whole service. the House and only a limited time this evening ·in which to do it. 1\Ir. LOUTTIT. Will the gentleman yield to me for one question? Mr. W .A.RNER, of Ohio. I understand that. · Mr. WARNER, of Ohio. I will. . Mr. HEPBURN. I move to amend the motion of ihe gentleman Mr. LOUTTIT. If you propose to make your basis population with­ from Missouri [.Ur. DocKERY] by striking out "ten minutes" and out reference to revenue of cities-- inserting "thirty m,inut.es." Mr. WARNER, of Ohio. Fifteen thousand population and $10,000 Several MEMBERS {to Mr. HEPBURN). Say twenty minutes. revenue. Mr. HEPBURN. I modify my motion so as to name twenty min­ Mr. LOUTTIT. If you make the basis 15,000 population and if you utes instead of ten, as proposed by the gentleman from Missouri. say ten thousand postal revenue, there must be a popul_ation of 15,000 The question beingtakenon the amendment of Mr. HEPBURl'i it was no matter wJ:tat the postal revenue may be. notagreed to; there being-ayes 40, noes 58. ~Ir. WARNER, of Ohio. Ten thousand dollars is the amount of the The question recurred on the motion of Mr. DocKERY to limit de­ postal revenue. bate to ten minutes. [Here the hammer fell.] Mr. OATES. Does that cover only pending amendments? Mr. BINGHAM. Mr. ~"'hairman, among the early days of this ses· The SPEAKER. All amendments pending or which may be offered sion of this Congress I introduced a bill covering in language exactly under the rules. · the amendment of the gentleman from Illinois [Mr. PLUMB] . . In the The motion of Mr. DoCKERY to limit debate was agreed to. wisdom of the Committee on the Post-Office and Post-RC?ads it was de­ The question recurring on the motion of Mr. DocKERY that the termined the basis of the extension of the letter-carrier service shou.ld Honse again resolve itself into Committee of the Whole, it was agreed be to cities of10,000 population and$10,000revenue. Iamfreetosay, to. . . while I did not or do not fully agree with that proposition, so willing The House accordingly resolved ils~lf into Committee of the Whole am I that general postal facilities should be extended to the people of {Mr. HATCH in the chair), and resumed the consideration of the bill the country, I accept it as a step in the direction of wise legislation• . {H. R. 7536) to extend the free-delivery syste~ of the Post-Office De­ However, in view of the amendment of the gentleman from Illinois, partment, and for other purposes. I desire to state that I believe it would be in the interest of the body The CH.A.ffiMAN. All debate on the section now uncler considei·­ ofthe people in what we might call the smaller cities, if the facilities ation and all amendments thereto has been limited by order of the of letter-carrier service could be extended to t&u~m. making the basis House to ten minutes. the same as is now the law to-day. The statufe reads simply that the Mr. WARNER, of Ohio. I offer an amemlment to be pending, and Postmaster-General may extend the letter-carrier servjce to cities con­ I wish to be heard upon it. taining a population of20,000 or having a gross revenue of$20,000. The Clerk read as follows: I would rather, when we are making a step to convenience the peo­ In line 8 strike out" ten" and in ert " fifteen," so as t.o read "a. populn.tion ple, extend the limitation and amend the statute, which is as it has of not less than 15,000." been. There I accord with the gentleman from illinois when I state Mr. HEPBURN. I mise the point thatthe amendment just I'ead is I believe I would have this enactment put in to read 10,000 population not in order at this time. · or $10,000 of gross revenue. . lli. W .A.RNER, of Ohio. It is simply read as part of my remarks, It is not a question, to my mind, whether the Post-Office Depart­ that it may be pending wl1en the proper time comes. ment pays or not. This whole letter-carrier service renders $1,290,000 Mr. Chairman, I have found myself unable ·to agree with the major­ clean, clear profit to the Post-Office Department. ity of my colleagues on the committee as to the propriety of this bill. Mr WARNER, of Ohio. In how many cities does free delivery pay? Whenever the people of a town or city find it economical to employ a Mr. BINGHAM. .And in that number, I say it with pride, my own carrier (or themselves, instead of each family or each business man go­ city contributes a large amount. In that number not more than twelve ing or sending to the common post-office for mail matter it would be cities pay what is called local-delivery work or letter-carrier service. good economy, probably, for the Government under such cil'cumstances But I do not propose to enter into a general discussion of what does to establish a public letter-carrier syste~. I think that is the rule or what does not pay in the Post-Office Department. I ask the man which ought to govern. I am not at all certain, however, that it would of the West and the man of the South, long distances from the great be good economyforthe:citizens of a town of10,000 populationlto em­ central thoroughfares of the North, what makes your deficiency of ploy at their own expense, if they were authorized to do so, a public $5,000,000? It is not the letter-carrier service, but the convenience of letter-carrier, or perhaps two or three such carriers. whatiscalled second-class newspaper matter and what is called fourth· But that is not the principal reason which will govern my vote on class merchandise matter. Your first and third class matter contributes this bill. We have been reducing the revenues of the Post-Office De­ largely to the service. You do that which the people require when partment right along by reducing the postage on letters and newspapers you build up what is called home correspondence. and by other means until we find the annual revenues falling short of In the great cities, where this t·evenue of $1,290,000 comes to the the expenses by something near $.5, 000,000. 1 am ·therefore opposed Post-Office Department as a net profit, it does not come from mail mat­ to increasing the expenses of the Post-Office Department in any direc­ ·ter sent from San Francisco to Philadelphia or New York; that is car­ tion whatever, unless that expense be provided for by an increase in ried gratuitously; it is all carried without charge; but this great reve­ the postal revenues in some way so that we shall not be obliged to tax nue is made up of your letter to your friend within the confines and the whole people in order to supply defi.ncies incurred in affording the limits of the city wherein it is delivered. That is the source of accommodations in which, as in this case, onlyafewofthewhole people this revenue. are concerned. If this bill could be accompanied with some provision [Here the hammer fell.] increasing the general revenues of the Post-Office Department by an Mr. DOCKERY. I askunanimousconsent.that inasmuch as there­ increase in the postage on some classes of matter upon which I think it marks of the two gentlemen who have just addressed the Honse have is now quite too low I should not object to the measure. But under been in opposition to the bill and consumed all of the time allowed for present circumstances I think that if we extend this letter-carrier system debate the chairman of the committee be allowed five minutes in reply. to towns or cities of 15,000 population we are going quite far enough. · Mr. CANNON. I will consent if yon will extend the same courtesy We must provide for this expenditure in some way out 'of the general to the gentleman from Iowa [Mr. HEPBURN]. Treasury, because it is ce:ttain that the postal revenues this year will Ml'. BLOUNT.. I will not ask consent for debate if further time is again fall short of the expenses of the Department by several million asked on the other side. Gentlemen have consumed all of the time on doll~. . that side already. Mr. DOCKERY. The gentleman's proposition reaches to only one The CHAIRMA....~. The question i:S on agreeing to the amendment town. submitted by the committee to the first section. Mr. W .A.RNER, of Ohio. The Postmaster-General has now author­ 1\Ir. BINGHAM. What is the amendment? ity under the law to extend the free-delivery system to cities notal­ The CHAIRMAN. '.rhecommittee's amendment. ready provided with it. But I state the general principle which gov­ Mr. BINGHAM. Is not the·amendment of the gentleman from Iowa erns me. I am not willing to increase the expense of the Post-Office the pending amendment? 1886. CONGRESSIONAL RECORD-HOUSE. 71-81

The QHAIRM.!.N. That oftered by the gentleman from Illinois on Nor wood, Riggs, ­ Steele, Van Sebaick , O'Donnell, Robertson, St~phenson , Wadswol'th, the left [.Mr. PLu11m], as modified bythe suggestion of the gentleman O'Hara; Rogers, Stewart, J. W. Waite, from Indiana. [Mr. Ho~:N], was yoted down. There is an amendment O'Neill, Chru·les .Rowell, Stone, E. F. Ward,J.H. now in the nature of a substitute for that amendment, offered by the Outhwaite, Ryan, Stone, W . J., Ky. 'Varner, 'VilHam Parker, Sadler , • Storm, 'Vea.ver, A. J. gentleman from Iowa, pending. The first section, however, has an Payne, Sawyer, Strait, Weber, · amendment submitted by the committee, which the Clerk will read. Payson, Scranton, Struble, Whiting, The amendment- of the committee was again read. P erkins, Seney, Swinburne, 'Yilkins, Phelps, Sessions, Symes, Willis, 1\Ir. TAULBEE. I desire to make a parliamentary inquiry. Pidcock , Shaw, Taylor, E. B. 'Vilson, The CHAIRUAN. The gentleman will state it. . Pindar, Singleton, T homas, J. R. Wise, ltir. TAULBEE. If this amendment is adopted will this section be Ranney, Smalls, Thomas, 0. B. Wolford, Reid, J.W. Sowden , Throckmorton, Woodbw·n, still subject to further amendments? Reese, Spooner, T ilJmail, W 01-thingwn. The CHAIRMAN. Amendments to the text will be in order. R ice, - Spriggs, Tl"igg, Mr. DINGLEY. But will not the amendment to the text offered by tl1e gentleman from Iowa be first in order? - -The committee rose; an~ the Speaker having resumed the chair, Mr. The CHAIR?tfAN. If it is an amendment to the text. H ATCH reported that the Committee of the Whole House on the state Mr. DINGLEY. I so understand it. of the Union having had under consideration the bill (H. R. 7536) and The CHAIRMAN. The Chair understood that it was a substitute finding itself without a quorum he had directed the roll to be called, for the amendment of the gentleman from Illi.nois. and now reported the names of the absentees t.o the Honse. Mr. HEPBURN. It was offered as a substitute for the amendment The SPEAKER. It appears from the roll-call that there are present of the gentleman from Illinois; but as the.Chair held it to be not in order 146 members-not a quorum. The Chair will cause the names of the ~an amendment at that time, as there were two amendments pend­ absentees to be entered on the Journal. JDg. The amendment of the gentleman from Illinois having been voted · Mr. SKINNER. . Uy colleagues from North Carolina; Mr. CoWLES down, I offered mine as an amendment to that submitted by the com­ and Ur. BENNETTy are detained at their rooms by sickness. mittee. The RPEAK.ER. This is not the time for receiving excuses. · The CHAIRMAN. Upon thatstat~mentof the gentleman from Iowa Mr. MILLS. I move that the House do now a-djourn. the Chair will submit that amendment to a vote. · · The motio~ was agreed to, and accordingly (at 10 o'clock and 5 min­ Several M.E:\ffiEBS. Let iii be again reported. utes p. m.). the House adjourned. rrhe Clerk read as follows: In line 18 sb·ike out ihe words " and at which plaee " and insert " or a t any place where;" so that it will read, if adopted: · PETITIO.XS, ETC. ' 'According to the last general census taken by authol'ity of State or United St.ates Jaw, or at anyplace where the post-office produced a gross postal reyenue The following petitions and papers were laid on the Clerk's desk, for the preceding fisc-.11 year of not less than $10,000." nuder the rule, and referred as follows: · By Mr. J. M. ALLEN: Petition of George W. MarJar, of Tishomingo The question was taken; and on a division there were-nyes51, ~ - oes 69. County, Mississippi, asking that his claim be referred to the Court of Mr. LOUTTIT and 1\-lr. HEPBURN. No quorum bas voted. Claims-to the_Committee on War Claims. 1\Ir. DOCKERY. Very well; if that is the issue-- By 1rlr. T. M . BROW~TE: Petition of A. :U. Hunt and 276 others-to Ur. BLOUNT. That will block the· business for the rest of the eYen­ the Committee on Invalid Pensions. ing. By Mr. CLEMENTS: Paper in the case of Joel Cross, of Dade :.Hr. DOCKERY. The gentleman from California can make the poirit County; Georgia, for relief-to the Committee on War Claims. of no quorum. I believe there is a town in his own district which is ri, By Ur.. ERMENT~OUT: Petition o~ John Williams, dependent beneficiary of this bill. . . f.oint of order has been made that no quorum is pres­ By Mr; WILKINS: Petition of Anna B. Kerr, for a pen.\ndrew Leary and 241 others; ofW. JULY 20,

C. Lee .and 110 ·others; and of. Joseph Straub -' and 66 others, · citizens The resolutions -were tread, ordered to be:printed, and .referred to·the of the fourteenth district ~of'Pennsylvania. ·Committee on Territoriecs, as follows: By Mr. 'J. M:.O.AMPBELL: Petition of James Gei er and lOB-.others, • . Smux FALLS, DAX.,.July.U,'l880. citizens of the seventeenth district of Pennsyl~ania. Sm: 'Thave'thel1onor..hcrcwith to trn.n.smilito you certain resolutions-passed this day-.by the constilutionnl conYention reassembled as by -pTeYlous order ·of By' M1·. CARLETON: Petition of A. Linkeand'28 others, and of J. .the eo~P>eution. E. Borens snd 26 others, and ·of A. A. House and .58 others, citizens of Lhave' the honor' to be, ·our obedient eei:Vant, seventh Congressional district .of Michigan. . A. J. EDGERTON, By Mr. COMSTOCK: Petition .of Stanley Kliendest and 20 others, Presldmt .Of Ute ·eomtitutionaL ConvenUon. To the PRESIDEX.T of tb.e United States Senate, of Allen Buskirk and 88 others, :-and of V. E. Dennis and 120 -others, Washington, D. C. : citizens of the fifth Congressional district of Michigan. Pre:tmhle and.resolu.tions unanimously adopted by tlte constitu.tioo l conv n­ By Mr.:FJSHER: Petition -of ..John Brown -and 33 others and ofW. ' tion for (South) Dakota, in session a-t Sioux Falis; on July 13,1886. E. Smith and 500 others, citizens of the tenth Congressional district of • '\Vhereas e. fumiamentnt·principle of our system of government, boLhtFed· .Michigan. -eral and.State, is 1he..right.nn.d capacity of the peopl~for self-gover-nment; Whe1·eas under the "l<'ederal Constitution the Te-rritorial orgnnizat.ion was de­ ·By Mr. 'FLEEGER: Petition of"John: Scott and 60 others and of Orin signed only as a temporary nud provisional government to iprepare U.te outly­ ;JI. •Jbrran and'45 others, citizens ofthetwenty-.sixth'Congressionaldis- ing dominion or the United States Tor admission· to the Union as t.ates on ·an trict~f Pennsylvania. _ equal footing with the original State ; ·whereas under any and .every propel' test South Dakota. .ha la1..,.ely out­ •By'-::Mr. HALL: ·PetitionofW. A. Johnsonand'82 others, oiR:Dean grown.the'Territorial conllition and by-right Iter peopl are now cntitfed tdtbe and 300 others,, ana ofJ'ohn·Griffen and '74 .others, 'citizens of the first management of their do1ne tic affah-s, toTelicffrom burdensome taxntion rort.he .Congression:il district of Iowa.. support of her public schools, now .p.1aintaiac.d by direct )ev:youpon h~r indus­ tries, to .a more complete aud_effi.cientju.dicinrysyslem, and genern\lyto·fu pos­ •By Mr. HITT: Petition of G. H. Shelp and 184·others, citizens of session and exercise of the right of citizenship ..enjoyed-by e-very other _people of Rockford, ill. · the Unile.d'Sto.tes witb:lilre qualiftcations; 1By·Mr. .JIOPKINS: "Petition of' C. 'B."Robt arid lll·others and of L. Whereas·thepeople of-that portion· of Dakota Terrttory •Jying south of the forty-sixth_parallel, baring adopted the constitution framed by this -convention. S. Drane and 74 others, citizens of fifth ·Congressional 'district, lllinois. and having proce~ded theFeundm·Ja.wfully toest&blishaprovisional State -gov­ By Mr. HUTr.ON: Petition of Bement Hayner and .21 others, of ernment, the active powers of which m·e held in abeyance; and John C. Egley and 52 others, of ·W. 0. Kreigler and 40 others, ·and of Whereas the eaTly adjournment of Congre s holding out•no promi e.of any legislation favorable· to tho admission of the State of (Souih) Dakota as talr Thomas '?II. It R:ffil.e :md .10 others, citizens Of se-venth .COngressional lished by her people, or to the division of DakottJ, so urgelltly-<.lemanded b)' the district of 1\Iissouri. people of the entire Territory: Therefore, . By Mr. J. H. JONES: Petition of F. B. Moore and 13 others, of J. Be it ,·esol:t:ed, That we, the members of the con titutions.l convcntiou'for..the State of (South) Dakota., do most solemnly reaffirm the docti·ine and principles y. Harris and 'i3 others, of William.Boon and ~6 others, of James D. -enunciated in the bill ofrights of the con titution framed by this convention, Danes and 65 others, of A. J. Sessions an·d 39 others, of J. B. McBain and det!lare it to be the unalterable willof thepcople of South Dakotn, for ,whom .nad ,75 othe.rs, of C. H: Bemotzand:128 others: and of Henry Craig and we are .delegated to speak uud act, that the State. of' Dakota, unestnblishcd,arul awaiting admission into tJ•e Union-at. the hands-of Cougr ,should eo rec­ 28 others, citizens of the third district .of Texas. ognized and admitted as a State of th United !:lta.les withoutfurtherd I y; and 'BY Mr. UNHA:M: Petition. ofEd. ·Dortch and 22 others, ofGe01:ge R. Resolt·ed, 'fhat it is tho sense of U1i.s convention that the division of Dakota I:Bn.ck::and.:Bl others, of W. F. "Petty and 10.2 others, and of B. F . ..Dew­ Territory, ruHl the creation out of its va t1l:;ricultural nrea of two t:Rt of the Union, is imperativeiy demanded in the common interest -alike of North and Bitt and 54 others, citizens of...-eleventh Congressional district {)f Texas. South D.akntn; and · By Mr. .LORE: Petition of William :Allen and 38 ·ot-hers, of J. L. Rewlt·ed. TIJat in the judgment of the meuibers or this conyent.ion a due and Hansan and 41 others, and of James Hayes and 52 others, citizens of just regu.rd for the well-known and oft-repented wi he- and -petltious orth peo~ pie of the northern half of the fJ'erl'itory.sh.ould..secnre them tn tll.f!irright to' the :.first Congressional district of Delaware. name of'' North Dakota," and that Congress should give to that portion of.· the By Mr. MARTIN. PetitionroLJ. .P . .Lynch n.nd1.05 &hers, and of Territory 11pon the admission of the State of,(South) D.akota or upon the divis­ Hemy Bernes and 35 others, citiz~' .Of sixth .Congressional disti"ict of ion of Uw 'Territory' the nam of North Dakota; •and B~solt•ed, Tha.ta CQPY of these resolutions be furnished the Pr identof tiro Alabama. United States, the President of the Senate of the United Sw.tes,,nndthe· peak r By Mr. NEGLEY: :.P.etit-ion oi-W~ -8 . .iF.rantz and 65 ~ others, and of oftheHouseofRepre entstiv~. L. S. Harb!l.ugh and 44others,·citizens-oftne twenty- econd.distr.ict of A true copy. Pennsylvania. J~ O.AIN ,. Secretary. By Mr. SPOONER: ..Pet{tion of John Brand ·and ..25 -·others, and of Mr. MILLER. ~ Mr President,Tholdin -~yharul a memorial ofthe C ...H.. Stiles and 48 others, citizens.offirSb Congressional district of Rhode EYangelic..<~.l Alliance of the United!St-ates Ielatin_g to the Chinese ques­ Island. tion, or rather to·the .troubles .upon our western borders during1the By Mr. SPRINGER: Petition:.:ofJ.ames Sanford .and others, citizens· past few months, in whiCh great ontrages ha>e been perpetrated upon ·of .the thirteenth district of Illinois. Chinese who were legitimately within our borders. By 1\Ir. CHA'RLES STEWART: Petition of L. C. Buckland and This memorial from .the Evang£1icil Alliance spondenee with resolu.tions adopted by the constitutional convention of Dakota, in ses­ similar alliances in Great Britain, l''ra.nee, Germany and various other coun­ sion .at Sioux.Falls July 13, 1886, favoring the admission of South Da.­ tries, incl~tding China; and that from the Chinese bnmch this body •has re­ ceived the letter he:·eto appended protesting against the outrag anti m.a kota:into the Union. and the organization of .:1.-Territorial form of gov­ cres which have been perpetrated tlpon the Chinese .resident on our Paeific ernment for . No~th Dakota. a'he resolutions will be reud. coast and in some of the interior States.