918 CONGRESSIONAL RECORD-SENATE. JANUARY· 23,

The PRESIDING OFFICER. The Senator from Iowa moves To be first lieutenants. that the Senate pt·oceed to the consideration of executive business. Second Lieut. Frank A. Barton, Tenth Cavalry, October 16, 1898, The motion was agreed to; and the Senate proceeded to the con­ vice Rivers, Third Cavalry, promoted. sideration of executive business. After seven minut~s spent in Second Lieut. Robert Sewell, Seventh Cavalry, October 24,1898, executive session the door.s were reopened, and (at 4 o'clock and vice Mills, First Cavalry, promoted. 47 minutes p. m.) the Senate adjourned until Monday, January 23, Second Lieut. George C. Barnhardt, Sixth Cavalry, November 1899, at 12 o'clock meridian. 7, 1898, vice Lockwood, Fourth Cavalry, promoted. · Second Lieut. James H. Reeves, Sixth Cavalry, November 10, HOMINATIONS. 1898, vice Allen, Second Cavalry, promoted. Second Lieut. Kirby Walker, Third Cavalry, December 14;1898, Executive nornination,s received by the Senate Janum'Y 21, 1899. vice Stotsenburg, Sixth Cavalry, promoted. REGISTERS OF LAND OFFICE, Second Lieut. Claude B. Sweezey, Eighth Cavalry, December 14, 1898, vice Byron, Eighth Cavalry, appointed assistant quartermas~ Frederick C. L. Hachenberger, of Burlington, Colo., to be reg­ ter, who resigns his line commission only. • ister of the land .office at Hugo, Colo., vice Thomas J. Edwards, Second Ljeut. Sterling P. Adams, First Cavalry, December 14, term expired. 1898, vice Wood, Ninth Cavalry, appointed assistant quarter­ Edmund D. Wiggin, of Washington, D. C., to be regist~r of the land office at Weare, Alask::t (location changed from Nulato by master, who resigns his line commission only. Executive order of December 2, 1898), vice Boetions H. Sullivan, APPOINTMENTS IN THE ARMY. resigned, "the commission for the appointment of R. C. Nichols, To be professor of mathematics in the Military Academy. issued August 12, 1898, during the recess of the Senate, having Associate Prof. Wright P. Edgerton, October 7,1898, vice Bass, peen canceled. retired. . COLLECTOR OF CUSTOMS. To be associate professor of mathematics in the Military Academy. James Low, of New York, to be collector of customs for the district of Niagara, in the State of New York, to succeed William First Lieut. Charles P. Echols, Corps of Engineers, October 7, Richmond, whose term of office will expire by limitation Febru­ 1898, vice Edgerton, appointed professor of mathematics. ary 10, 1899. PROMOTIONS IN THE NAVY. APPOINTMENTS IN THE VOLUNTEER ARMY. Asst. Engineer Henry B. Price, to be a passed assistant engineer in the Navy, from the 17th day of November, 1898, vice P. A. En· To be inspector-gene1·al with the_rank of major. gineer Frank H. Conant, deceased. Capt. Cunliffe H. Murz:ay, Fourth United States Cavalry. Asst. Engineer Martin E. Trench, to be a passed assistant engi­ Tenth Regiment Volunteer Infant1-y. neer in the Navy, from the 20th day of November, 1898, vice P. A. David B. Jeffers. commissary-sergeant, United Stat~s Army, re­ Engineer Walter M. McFa:rland, promoted. tired, to be second lieutenant, vice Burton, discharged. ·Ninth Regiment Volunteer Infantry. SENATE. William H. Coston, of Ohio, to be chaplain, vice Walker, re­ signed. MONDAY, January 23, 1899. First Regiment Volunteer Engineers. Prayer by the Chaplain. Rev. W. H. MILBURN, D. D. Lieut. Col. Harry F. Hodges, to be colonel, vice Griffin, re­ LUCIEN BAKER, a Senator from the State of Kansas, appeared signed. in his seat to-day. Maj. JohnS. Sewell, to be lieutenant-colonel, vice Hodges, pro­ The Secretary proceeded to read the Journal of the proceedings moted. of Saturday last, when, on motion of Mr. FAULKNER, and by Caot. William G. Ramsay, to be major, vice Sewell, promoted. unanimous consent, the further reading was dispensed with. Fiist Lieut. Henry C. Wilson, to be captain, vice Ramsay, pro­ The PRESIDENT pro tempore. The Journal stands approved. moted. Second Lieut. Chauncey Eldredge, to be first lieutenant, vice LOS~ES BY LOYAL SEMINOLES. Wilson. promoted. · Tho PRESIDENT pro tempore laid before the Senate a com­ Sergt. Maj. Justin Burns, to be second lieutenant, vice Eldredge, munication from the Secretary of the Interior, transmitting, in promoted. response to a resolution of the 17th instant, copies of the loyal To be signal offwe?' with the rank of captain. Seminole rolls, and also the report of the commissioners appointed to investigate s e·minole losses; which, with the accompanying First Lieut. Alvar G. Thompson, United States Volunteer Sig­ papers, was referred to the Committee on Indian Affairs, and nal Corps, vice Sample, discharged. ordered to be printed. To be signal officers with the 1·ank of first lieutenant. CREDENTIALS. Second Lieut. Charles H. Gordon, United States Volunteer Sig­ The PRESIDENT pro tempore presented the credentials of nal Corps. vice Coe, discharged. EuGENE HALE, chosen by the legislature of .Maine a Senator from Second Lieut. Alson J. Rudd, United States Volunteer Signal that State for the term beginning March 4, 1899; which were read Corps, vice Reddy, discharged. and ordered to be filed. Second Lieut. William Mitchell, United States Volunteer Signal PETITIONS AND MEMORIALS. Corps, vice Thompson, promot~d. The PRESIDENT pro tempore presented a concurrent resolu­ To be signal officers with the 1·ank of second lieutenant. tion of the assembly of the Territory of Oklahoma, relative to First-Class Sergt. Charles C. Shew, United States Volunteer free homes for settlers on public lands; which was r eferred to the Signal Corps, vice Gordon, promoted. Committee on Public. Lands. First-Class Sergt. Robert B. Montgomery, United States Vol­ He also presented a memorial of the Romeyn Mutual Improve­ unteer Signal Corps, vice Rudd, promoted. ment Society of the Romeyn Church of the Fifth Avenue Presby­ First-Class Sergt. James P. Anderson, United States Volunteer tenan Church of New York City, N.Y., remonstrating against Signal Corps, vice Mitchell, promoood. the seating of Cong-ressman-elect B. H. Roberts, of Utah; which First-Class Sergt. Edward E. Kelley, United States Volunteer was ordered to lie on the table. Signal Corps, vice Campbell, promoted. .Mr. Q.lJ A Y presented a memorial of the Board of Trade of Phil­ To be b1-igade surgeon with the 1·ank of major. adelphia, Pa., and a memorial of the Grocers and Importers' Ex­ change, of Philadelphia, Pa., remonstrating against the failure to Orlando Ducker, of Kentu~ky. provide for the maintenance of a pneumatic-tube system in the Seventh Regiment Volunteer Infantry. post-office at that city; which were referred to the Committee on Owen T .. Kenan, of Georgia, late major, First Georgia Volun­ Appropriations. teers, to be captain, vice B~rnhard, resigned. He also presented a petition of the Local Union No. 28, United Sergt. Daniel T. Brantley, Company D, Seventh United States Brotherhood of Carpenters and Joiners, of Philadelphia, Pa., and Volunteer Infantry, to be second lieutenant, vice Hunter, dis· a petition of Local Union No. 56, Journeyman Tailors of America, charged. . of Philadelphia, Pa., praying for the passage of the eight-hour PROMOTIONS IN THE ARMY. bill: which were referred to the Committee on Education and Labor. ·. CA VA LBY ARM. He also presented petitions of the congregations of the First To be captain. Congregational Church of Rochester and the Central Presbyterian First Lieut. John M. Stotsenburg, Sixth Cavalry, December 14, Church of Allegheny; of the Penns Park Young Woman's Chris­ 1898, vice Knox, Sixth Cavalry, appointed inspector·general, with tian Temperance Union, of Bucks County; of the United Presby­ rank of major, who resigns his line commission only. terian Congregation of Canonsburg, and of the Brownburg Union, 1899. c·ONGRESSIONAL RECORD-SENATE. 919

of Bucks County, all in the State of Pennsylvania, praying for in the production of rainfall. It is not a large document, and the the enactment of legislation to prohibit the sale of liquor in can­ cost of printing will come within the limit fixed by law. teens of the Army and Navy and of Soldiers' Homes, and in im­ The motion was agreed to. migrant statiOllS and Government buildings; which were referred REPORTS OF COMMITTEES. to the Committee on Military Affairs. Mr. LODGE presented a petition of the Chamber of Commerce Mr. McBRIDE: from the Committee on Public Lands, to whom of Boston, Mass., praying for the enactment of legislation to pro­ was referred the bill (H. R. 8162) to authorize the Secretary of the vide for the reorganization of the consular service; which was Interior to rent or lease certain portions of forest reserve, reported referred to the Committee on Commerce. it without amendment, and submitted a report thereon. He also presented a petition of the Builders' Exchange, of New Mr. McMILLAN, from the Committee on the District of Colum· Bedford, Mass., praying for the enactment of legislation to in­ bia, submitted a report, accompanied by a bill (S. 5318) for there· crease American shippmg; which was referred to the Committee lief of Francesco Perna; which was read twice by its title. on Commerce. Mr. TURNER, from the Committee on Pensions, to whom was He also presented a petition of the Woman's Christian Temper­ referred the bill (S. 3475) granting a pension to Charles (,Titzer, ance Union, of Fall River, Mass., praying for the enactment of reported it with amendments, and submitted a report thereon. legislation to prohibit the sale of liquor in canteens of the Army Mr. HOAR, from the Committee on the Judiciary, I'eported an and Navy and of Soldiers' Homes, and in immigrant stations and amendment proposing to appropriate $10,000 to defray the cost of Government buildings; which was refe1Ted to the Committee on the employment of auditors in the Court of Claims, intended to be Military Affairs. proposed to the legislative, executive, and judicial appropriation He also presented a petition of the general association of the bill, and moved that it be referred to the Committee on Appro· Congregat10nal Church of Massachusetts, praying that the provi­ priations and printed; which was agreed to. · sion in the appropriation bill allowing the sale of liquor in the He also, from the same committee, to whom was refeiTed the · Territory of Alaska be stricken out; which was referred to the letter from the Attorney-General in response to concurrent reso­ Committee on Territories. lution of the Senate of June 1, 1898, transmitting the form of a Mr. PERKlNS presented a petition of Napa Grange, No. 307, civil code and a code of civil procedure for the district of Alaska, Patrons of Husbandry, of Napa, Cal., praying for the immediate etc., asked to be discharged from its further consideration and construction of the Nicaragua Canal; which was ordered to lie that it be referred to the Committee on Territories; which was on the table. · agreed to. ' He also presented a petition of Napa Grange, No. 307, Patrons COURTS IN TENNESSEE. of Husbandry, of Napa, Cal., praying that the Constitution of the Mr. HOAR. I report back from the Committee on the Judi­ United States be so amended as to admit of the election of United ciary without amendment the bill (H. R. 11029) to chang-e and States Senators by a direct vote of the people; which was referred fix the time for holding the district and circuit courts of the to the Committee on Privileges and Elections. United States for the northern division of the eastern district of Mr. HOAR presented the memorials of R. E. Cooper and 10 Tennessee. I ask the attention of the Senators from Tennessee other citizens of Massachusetts; of Elisha Roberts and 20 other to this bill. I understand that both Senators from Tennessee citizens of New Jersey; of H. C. Paine, J. S. McKean, and 21 other approve the bill, and I ask that it be put on its passage now. citizens of Pennsylvania, and of Otto Winkler and 34 other citi­ There being no objection, the Senate, as in Committee of the zens of Wisconsin, remonstrating against any extension of the Whole, proceeded to consider the bill. sovereignty of the United States over the Philippine Islands in The bill was reported to the Senate without amendment, ordered any event. and over any other foreign territory without the free toll third reading, r~ad the third time, and passed. . consent of the people thereof; which were referred to the Com­ mittee on Foreign Relations. COURT OF CLAIM:S PROCESS. Mr. McMILLAN presented a petition of the Dental Society of Mr. HOAR. I am directed by the Committee on the Judiciary, Detroit, Mich., praying for the enactment of legislation to provide to whom was refened the bill (S. 5128) to provide for the attend· for the appointment of dentists in the Army of the United States; ance of witnesses in matters pertaining to the Court of Claims, to which was referred to the Committee on Military Affairs. report it favorabiy without amendment. I ask for the present He also presented a memorial of Local Union No. 208, Cigar consideration of the bill. Before it is read for information I Makers' International Union of America, of Kalamazoo,- Mich., should like just to say that it merely codifies and reenacts the ex· remonstrating against the annexation of the Philippine Islands; isting law and removes a doubt as to the power of the court to which was referred to the Committee on Foreign Relations. have its process issue outside of the District of Columbia. I my· · He also presented a petition of sundry citizens of"Duplain, Mich., self think it does not change the law, but the court thinks it is praying for the enactment of legislation to prohibit the sale of donbtful. liquor in canteens of the Army and Navy and of Soldiers' Homes, There being no objection, the Senate. as in Committee of the and in immigrant stations and Government buildings; which was Whole, proceeded to consider the bill. · referred to the Committee on Military Affairs. The bill was reported to the Senate without amet}.dment, ordered Mr. WARREN. I present the petition of Charles F. Mander­ to be engrossed for a third reading, read the third time, and passed. son, of Omaha, Nebr., praying for the passage of the bill (S. 5223) providing for the establishment and erection of a military post INSANE ASYLUM IN OKLAHOMA TERRITORY. near the city of Sheridan, in the State of Wyoming, and making Mr. HANSBROUGH. Iamdirected by the Committee on Pub­ an appropriation therefor. I move that the petition be printed as lic Lands, to whom was referred the bill (H. R. 10666) authorizing a document and referred to the Committee on Military Affairs. the Secretary of the Interior to permit the use of the buildings on The motion was agreed to. the Fort Supply Military Reservation, in Oklahoma Territory, for Mr. GALLINGER presented a petition of the Humane Society an insane asylum, to 1·eport it without amendment. This is a very of Bangor, Me., praying for the passage of the bill for the further brief bill, and there being no objection to it, I ask unanimous con­ prevention of cruelty to animals in the District of Columbia; sent that it be considered at this time. which was referred to the Committee on the District or Columbia. There being no objection, the Senate, as in Committee of the Mr. MASON presented a petition of the Woman's Christian Whole, proceeded to consider the bill. Temperance Union of Rockford, Ill., praying for the enactment The bill was reported to the Senate without amendment, ordered of legislation to protect State anti-cigarette laws by providing to a third reading, read the third time, and passed. that cigarettes imported in original packages on entering any JUDICIAL DISTRICTS :rn TEXAS. State shall become subject to its laws; which was referred to the Mr. CHILTON. I am directed by the Committee on the Judi­ Committee on Interstate Commerce. ciary, to whom was referred the bill (H. R. 9955) to ti·ansfer the REPORT ON NAVAL ARCHITECTURE, county of Menard, in the t:;tate of Texas, from the western district Mr. HALE. I present a letter from the Secretary of the Navy, of Texas to the northern district of Texas, and for other purposes, together with a report of the board on the course in naval archi­ to report it without amendment. It is a brief bill, and I ask unani­ tecture, relative to the impo1·tance of providing for a thorough mous consent for its present consideration. course in naval architecture at the Naval Academy, Annapolis. There being no objection, the Senate, as in Committee of the I move that the letter and accompanying report be printed as a Whole, proceeded to consider the bill. document and referred to the Committee on Naval Affairs. The bill was reported to the Senate without amendment, ordered The motion was agreed to. to a third reading, 1·ead the third time, and passed. REPORT ON PRODUCTION OF RAINFALL. DEFICillNCY APPROPRIATIONS. Mr. PETTIGREW. I move that Senate Executive Document Mr. HALE. I report back from the Committee on Appropri­ No. 45, Fifty-second Congress, first session, be reprinted. It is a ation without amendment the bill (H. R. 11716) making-appro­ letter from the Secretary of Agriculture, in response to Senate priations to supply urgent deficiencies in the appropriations for resolution of February 23, 1892, transmitting the report of the the fiscal year ending June 30, 1899. I ask that the bill be put agent of the Department of Agriculture for making· experiments upon its passage. 920 CONGRESSIONAL -RECORD-SENATE. JANUARY 23, .

The PRESIDENT pro tempore. The Secretary will read the bill company organized under the laws o.i the States of Florida and for the information of the Senate. ~aban;m, to build one bridge over each of the following-named The Secretary read the bill, as follows: rivers m the State of Alabama, namely, the Alabama River the Be it enacted, etc., That the following sums be, and the same are h ereby, Warrior River, the Sipsey River. and the Tennessee River? the appropriated. out of any money in the Treasury not otherwise appropriated, said bridges to be used and operated for and in behalf of the P~nsa­ to supply deficiencies in the appropriations for the fiscal year 1899, namely: cola and Northwestern Railroad Company to cai·ry freight and TREASURY DEPARTMENT. passengers by rail and otherwise; which was read twice by its For salaries of special agents, and for actual expenses of examiners detailed title, and referred to the Committee on Commerce. to examine the books, accounts, and money on hand at the several subtreas­ uries and depositories, including national banks acting as depositories under He also introduced a bill (S. 5333) to amend section 2 of the act - the requirements of section3M9of the Revised Statutes of the United States, of June 27, ~898, T~t~eth Statutes at Large, chapter 503; which also including examinations of cash accounts at ~ts, $2,000. was read tWice by Its title, and referred to the Committee on the DISTRICT OF COLUMBIA. Judiciary. For cleaning snow and ice from cross walks and gutters, under the act ap­ Mr. FAULKNER. I introduce a bill which I understand has proved March 2, 1895, $1,000, one half of which sum shall be paid on t of the rev­ received the indorsement of the Bar Association of the District of enues of the District of Columbia and the other half out of the Treasury of the United States. Columbia. I ask that it be read twice and referred to the Com­ HOUSE OF REPRESENTATIVES. mittee on the District of Columbia. For miscellaneous items and expenses of special and select committees, The bill (S. 5334) to establish a municipal court for the Dis­ trict of Columbia, to abolish the offices of justice of the peace $20F~· stationery for members of the Honse of Representatives, including and constable, and for other purposes, was read twice by its title $5,000 for stationery for the use of the committees and officers of the House on account of the fiscal year 1898, $5,000. and referred to the Committee on the District of Columbia. ' For wrapping paper, pasteboard, paste, twine, newspaper wrappers, and Mr. PERKINS introduced a bill (S. 5335) to amend the laws other necessary materials for folding, for the use of members of the House, r~lating to obstructions to navigation and for the protection of and for use in the Clerk's office and the House folding room (not including en­ velopes, writing paper, and other paper and materials to be printed and fur­ hfe. an<'l; property from dangerous practices; which was read twice nished by the Public Printer, upon requisitions from the Clerk of the House, by 1ts title, and referred to the Committee on Commerce. under the provisions of the act approved January 12, 1895, for the public print­ Mr. MASON introduced a bill (S. 5336) to establish a training ing and binding), $3.000. school for army cooks; which was read twice by its title, andre· The PRESIDENT pro tempore. Is there objection to the present ferred to the Committee on Military Affairs. _ consideration of the bill? ~e also introduced a bill (S. 5337) granting a pension to Maria _ There being no objection, the bill was considered as in Commit­ Wilder Ragan; which was read twice by its title, and, with. the tee of the Whole. accompanying papers, referred to the Committee on Pensions. The bill was reported to the Senate without amendment, ordered He also introduced a bill (S. 5338) granting a pension td Julia to a third reading, read the third time, and passed. Watkins Brass; which was read twice by its title, and, with the BILLS INTRODUCED, accompanyin~ papers, referred to the Committee on Pensions. He also introduced a bill (S. 5339) to correct the military record Mr. BERRY introduced a bill (S. 5319) to change and fix the of JohnS. Dodge, alias Charles E. Leslie; which was read twice time of holding the terms of the district and circuit courts at by its title, and, with the accompanying paper, referred to the Batesville, Ark.; which was read twice by its title, and referred Committee on Military Affairs. to the Committee on the Judiciary. Mr. PLATT of Connecticut introduced a bill (S. 5340) to provide Mr. L lN DSAY (by request) introduced a bill (S. 5320) to secure for submitting to the Court of Claims for determination the claims greater accuracy and efficiency in the management of fourth-class of the Mississippi Choctaws, or of those Choctaws claiming rights, post-offices; which was read twice by its title, and referred to th~ under the fourteenth article of the treaty of 1830, in the Choctaw Committee on Post-Offices and Post-Roads. Nation and the lands and funds thereof; which was read twice by~ Be also introduced a bill (S. 5321) for the relief of the estate of its title, and referred to the Committee on Indian A:ffa.irs. . JosephS. Hubbard, deceased; which was read twice by ita title, ~·GEAR introduced a bill (S. 5341) granting a pension to and referred to the Committee on Claims. Luma F. Baker; which was read twice by its title, and, with the He also introduced a bill (S. 5322) for the relief of M. B. Buford; accompanying papers, referred to the Committee on Pensions. which was read twice by its title, and referred to the Committee Mr. CULLOM introduced a bill (S. 5342) granting a pension to on Naval Affairs. John M. Palmer; which was read twice by its title. .Mr. MURPHY introduced a bill (S. 5323) grantinganincreaseof Mr. CULLOM. I desire to state that I introduce this bill in be­ :pension of Virginia Forse; which was read twice by 1ts title, and half of our late colleague in the Senate, not by his request, but by refened to the Committee on Pensions. the request of many friends who are anxious that the General shall Mr. McENERY introduced a bill (S. 5324) for the relief of the have the pension designated in the bill. I make this remark be· estate of Phillip McGuire, deceased, late of New Orleans, La., cause I desire to call the attention of the Committee on Pensions and Catherine McGuire, of New Orleans, La.; which was read to the bill before it goes to them. twice by its title, and refen-ed to the Committee on Claims. The PRESIDENT pro tempore. The bill will be referred to the Mr. NELSON introduced a bill (S. 5325) authorizing the pur­ Committee on Pensions. chase of the portrait of Senator Justin Smith Morrill; which was read twice by its title, and referred to the Committee on the AMENDMENTS TO APPROPRIATION BILLS. Library. Mr. LODGE submitted an amendment relative to the repair of Mr. McMILLAN inb·oduced a bill (S. 5326) for the extension of the land telegraph and submarine cable system connecting the New Hampshire avenue; which was read twice by its title, andre­ islands of Nantucket and Marthas Vineyard with the mainland, ferred to the Commitee on the District of Columbia. and also for the construction of such additional submat·ine cable He also introduced a bill ( S. 5327) relating to the office of sec­ and land telegraph lines to cross Cuttyhunk Island and to make retary of the District of Columbia; which was read twice by its New Bedford the western terminus of the system, etc., intended title. and, with the accompanying paper, referred to the Commit­ to be proposed by him to the Agricultural appropriation bill; which tee on the District of Columbia. was ordered to be printed, and, with the accompanying letter from He also introduced a bill (S. 5328) to prohibit the sale of intoxi­ the Secretary of Agriculture, referred to the Committee on Appro- cating liquors on Sunday in the District of Columbia; which was priations. . . read twice by its title, and referred to the Committee on the Dis­ Mr. WHITE submitted an amendment authorizing the Secre­ trict of Columbia. tary of War to accept from the State of California and its officers Mr. TURLEY introduced a bill (S. 5329) for the relief of Clara the use, possession, or title of any dredger, tools. machinery. or E. Bryan; which was read twice by its title, and, with the accom­ appliances owned or controlled by that State, etc., intended to be panying papers, referred to the Committee on Claims. proposed by him to the river and harbor appropriation bill; which He also introduced a bill (S. 53~0) for the relief of the board of was referred to the Committee on Commerce, and ordered to be trustees of La Grange Synodical College, of La Grange, Tenn.; printed. which was read twice by its title, and, with the accompanying pa­ Mr. CHANDLER submitted an amendment proposing to appro­ pers, referred to the Committee on Claims. priate $900,000 for transportation of mail by pneumatic tube or Mr. MALLORY introduced a bill (S. 5331) granting the right other similar devices, by purchase or otherwise, intended to be of way to the Pensacola and Northwestern Railroad Company proposed by him to the Post-Office appropriation bill; which was over and through the public lands ·of the United States in the refeiTed to the Committee on Post-Offices and Post-Roads, and or- States of Florida, Alabama, Mississippi, and Tennessee, and grant­ dered to be printed. · ing the right of way to said railroad company over and through Mr. PETTUS submitted an amendment proposing to appropri­ the United States naval and military reservations-near Pensacola, ate $171,238.75 for necessary and special facilities on trunk lines in the State of Florida; which was read twice by its title, andre­ from New York and Washington toAtlantaand New Orleans, in­ ferred to the Committee on Commerce. tended to be proposed by him to the Post-Office appr9priation bill; .He also introduced_a bUI (S. 5332) granting the right and au­ which was referred to the Committee on Post-Offices and Post· thority to the Pensacola and Northwestern Raili-oad Company, a Roads, and ordered to be printed. · 1899. CONGRESSIONAL ·.RECORD-SENATE. 921

CHARLES OBERLANDER AND BARBARA .M. MESSENGER. with both races." Further intercourse wtth them has confirmed me in this opinion. (Admiral Dewey to Secretary of Navy, Au~ust 29, 1898; Senate The PRESIDENT pro tempore laid before the Senate the fol­ Document No. 62, part 1, Fifty-fifth Congress, third session.) lowing message from the President of the United States; which That fl.a~ bas been planted in two hemispheres, and th~re i~ remains, the was read: symbol of liberty and law, of peace and progress. \Vbo will Withdraw from the people over whom it floats its protecting folds? Will the people of the To th.e Senate: . South help to haul it down? (President McKinley, address at Atlanta, Gn.., ·In response to the resolution of the Senate of F~brnary 16, 1898, I transrmt December 16, 1898.) herewith a report from the Secretary of· State, With accompanymg papers, The mission of the United States [tothePh.ilippinelslands] is one of benev­ in the matter of the arbitration of the claims of Charles Oberlander and Bar­ olent assimilation, substituting the mild sway of justice and right for arbi­ bara M. Messenger against the Government of MwtLL!AM McKINLEY. trary.rule. (President McKinley to the Secretary of War, December21, 1898.) EXECUTIVE MANSION, Washington, January SS, 1899. Mr. President, the extracts which I have read are announce­ ments of the Supreme Court of the United States and include The PRESIDENT pro tempore. The Chair is not informed to declarations from the President of the United States and from the which committee the message and papers should go. The atten­ distinguished naval commander whose victory at Manila has tion of the Senator from California [Mr. PERKINS] is called ~o it. Mr. PERKINS. I think it should be referred to the Committee made him an historical character. I do not intend to elaborately discuss the question of law here­ on Foreign Relations. :My colleague perhaps is more familiar tofore debated. I do not believe that it will serve any useful pur­ with the subject than I· am. pose to enter into an attempted differentiation between the author­ .Mr. WHITE. If it will n·ot be objectionable to my colleague, ity of the United States in its relation to foreign powers and its I suggest that the message lie on the table for the present. authority as regards domestic affairs. I dispute the contention Mr. PERKINS. That com·se will be satisfactory. I reque~t which seeks to Jrive jurisdiction in the one case and to deny it in that the message and the accompanying papers be printed and lie the other, and which limits the operation of the Constitution as to on the table. · the rights of Territories and new acquisitions to Congressional The PRESIDENT pro tempore. Without objection, that will discretion, denying to those within such area" the equal protec­ be the order. tion" of our laws and reducing their constitutional rights to the CHARLES K. KIRBY AND OTHERS. insignificant and problematical protection of colonia! dependen- Mr. WHITE. I ask unanimous consent for the presen~ consid­ cies. · eration of the bill (S. 4748) for the relief of Charles K. Kirby and It appears to me that when our Constitution was made it was Edinger Bros. & Jacobi. A substitute for the bill is recommended supposed that the United States would never extend its domain' by the Treasury Depart~ent, and it is very ~hort. . save over those who were not only within the equal protection of There being no objection, the Senate, as m Comnnttee of the its laws, but who were competent to participate in the efforts of Whole, proceeded to consider the bill, which had been repor~d an aspiring people to conserve for themselves and humanity the from the Committee on Finance with an amendment, to strike benefits of representative civilization. Whatever may be the out all after the enacting clause and insert: truth as to the issue of jurisdiction, l design to discuss this sub­ That the Secretary of the Treasury is llareby authorized and directed to ject more largely from the standpoint of policy. ascertain the amount ot internal-revenue tax assessed or now dn~ on brandy It is conceded by all that the latter proposition is open for de­ produced by Charles K. Kirby, u~der t~e .name and styl_e of Ed~ger Bros. & Jacobi and Lachman & Jaeobi, at diStillery No. 263 .. m_the FU:st. collec­ bate. Those who are regardless of organic restraints so admit. I tion district of California. and destroyed b:t. and the said Lachman & Jacobi, so much of the tax on the prandy which he shalJ reference to the subject of the construction of the Constitution on ascertain bas been so lost or destroyed, as aforesaid, as shall have been expansion problems. It is certain that we can never agree as to assessed against them., respectively. that proposition. The sentim.ents of Senators of uncommon ability, The amendment was agreed to. the carefully expressed ideas of men of profound learning in this The bill was reported to the Senate as amended, and the amend­ country and elsewhere, as found in the public prints, demon­ ment was concurred in. strll.te the futility of any endeavor to procru·e accord upon this The bill was ordered to be engrossed for a third reading, read topic. the third time, and passed. H we are considering the subject as necessitating the declaration ACQUISITION OF TERRITORY. of our sentiments and as establishing a record here which may be of use hereafter, that has already been done by Senators of emi­ Mr. WHITE. Mr. President, I gave notice that to-day I would nence upon both sides of this important issue. offer a few remarks with reference to joint resolution No. 191,in­ M.r. President, we are to-day confronted by a situation which troduced by the Senator from Missouri [Mr. V:E?T], which _I desire all must admit does not agree in all respects, if it does not differ to have laid before the Senate, and also the Jomt resolution No. in principle with that which has heretofore been presented. 211, introduced by the Senator from Georgia [Mr. BACON]. lt will be conceded, I take it, that while we may have the The PRESIDENT pro tempore. The Chair lays before ~be ~n­ authority to annex territory, as contended by the most advanced ate the joint resolutions indicated by the Senator from Califorma. advocates of annexation, and to the ultimate extent for which The SECRETARY. A joint resolution (S. R. 191) declaring that they plead, yet notwithstanding all this, the propriety of the under the Constitution of the United States no power is g1vep. to exercise of such power must depend upon circumstances; and the the Federal Government to acquire territory to be held and gov- fact of the possession of the authority furnishes no reason for any erned permanently as colonies; and . . . . assertion not warranted by right. A joint resolution (S. R. 211) relative to the acqms1tion of for­ Hence, finally, speaking from the standpoint of policy, we must eign territory. ask ourselves this question: Shall we bring the Philippine Islands Mr. WHITE. Mr. President- within our confines? Shall we introduce them to this home of This grant (the power to lay and collect taxes, etc.) is general w;ithout intelligence and manly effort? Shall we acquire these islands limitation as to place. It consequently extends to all places over which the Government extends. (Loughborough vs. Blake, per Marshall, C. J., 5 Wheat., under the conditions now confronting us? Is it better for us that 323 we should do so? This is the issue. I shall endeavor, Mr. Presi­ .fhere is certainly no power given by the Constitution to the .Fede;al Gov-. dent, to impress upon the Senate the fact that "charity begins at ernment to establish or maintain colonies !Jordering on the U?Jted States or at a distance, to be ruled and governed at Its own pleasure. "' * • It (the home;" that while we may owe much without, there never has n ew acquisition 1 is acQuired to become a State, and not to be held as a colony been a time when the mission of this Republic based upon solid prin­ b;v Congress with absolute anthority. (Dred Scott vs. Sandford, per Taney, ciples, involved the necessity of embarking in the instantaneous 9 C. fhls J!~'!i~~~ never been reconsidered in the Supreme Court of the ciVilization of foreign peoples or in converting into its own con­ United States. (Justice Miller's Lectures. page 406.) . fines the seeds of dissolution. If we or the Filipinos must suffer Manifestly the nationality of the inhabitants of territory acqmr~d. by con­ I vote for our own benefit. qnest or cession becomes that of the ~overnme~t under who~ doml~Ion they If we have formed a nationality of which we are proud, a system passed, subject to the right of el~ction on thell' p~rt to retam their former nationality by removal or otherWlSe as may be provided.. (Boyd vs. Nebraska, concemingwhich we make noapology,a·Republicwhich weclaim per Fuller, C. J., 143 U.S., 186.) . . . . . to be peerless, it is our duty, solemnly and positively, to see that That the provisions of the Constitution of the Umted State~ relating to the right of trial by jury in suits at common law a"Qply to the 'l'erritories of the the organization which we have created remains pure. The com­ United States is no longer an opel?- question. (T~ompson vs. Utah, per Har­ panionship which we are authorized to seek in the accretions of lan, J., 170 U.S., 340; Callan vs. Wilson, 127 U. S., 551.) national honor must be the association of those who are fitted to I speak not of forcible annexation.. fo! that can npt be thou~ht of. T~t, exercise the lofty prerogatives appertaining to self-rule-that con­ by our code of morality, would he crumnal aggressiOn. (PreSident McKin­ ley, messages December, 1897, and A_prilll, 1898.) dition which we have so promoted as to render competent gov­ The United States disclaims any disposition or intention to exercise sov~r­ ernmental companionship essentially difficult. There is another eignty, jurisdiction, or control over said island [Cuba] except for the paCifi· consideration hardly less controlling, and when coupled with the cation thereof, and asserts its determination, when that is accomplished, to leave the government and control of the f&land to its people. (Joint resolu­ question of individuality the subject becomes of paramount im­ tion, Congres.<>ional Record, Fifty-fifth Congress, second session, volume 31, portance. I refer to the remoteness of those affected. · part 4, page 3393. ) . . Mr. President, we know but little of the true inwardness of the In a telegram sent to the. J:?epartment on Jun~ 23~ I exp!e~ed t~e opuuon that "these people [the Filipmos) are far superior m their mtelhgence and Philippine Islands. No one seems to be thoroughly advised as to more capable of self-government than the natives of Cuba, and I am familiar the exact character of all of the inhabitants of that territory. We 922 CONGRE'SSIONAL -RECORD-SENATE. JANUARY -23, are unable even to say how many is1ands there are which come sponse to criticisms made as to his conduct, questioned the atti­ within this attempted cession. We can not define the area so far tude of Aguinaldo and his colleagues, appear to have been exces­ as it is fit for cultivation, civilization, or for any other legitimate sively anxious to retain their positions, and this may account for end. But in the midst of this ambiguity we at least know that the want of lucidity in their correspondence, taken as a whole. the Philippines are tenanted by a very peculiar mass, a heteroge­ ~et.I must confess that I arise from a perusal of this record be· neous compound of inefficient oriental humanity. I care not, for hevmg that there are a number of able men among the Filipinos, the purposes of my argument, whether these islanders are fit for persons who are adequately educated to attend to the more com­ free government as you, Mr. Pre~ident [Mr. FRYE in the chair], plex affairs of life, but that the vast mass of the inhabitants are, and as I understand it. If they are so fitted, they should be per­ and will for many years remain, in a condition far below that mitted to establish a free government; if they are not so fitted, which every well-informed American believes to be essential to they should not be brought into an alliance with us; we do not in citizenship and even to presence within our borders. I do not mean that event want them. Those who ru·e incompetent to control by this that no local government can be established, but I do themRel ves should not be of us. We do not seek the irresponsible. mean that no governmental institution on as high a plane as ours I have examined with some care the record which wa.s made will be maintained for many years in that region. before the Peace Commission of which you, Mr. President, were But such government will never be an accomplished fact unless an honored and efficient member, and I fail there to find. anything opportunity is given. Whatever may be asserted in enthusiastic altering or affecting my view as regards the treaty. moments, I do not hesitate to say that it is n'ot the mission or place · In the first place, it i~ evident that the Philippine people suffered of the American people to assume responsibility for such a popu­ under the dominion of the parent country. I do not doubt that. lation or to educate, otherwise than by ~xample, and certainly not It is clear that gross exactions in the way of taxation and illegiti­ under the influence of the sword, the protesting occupants of mate imposts were levied upon them; that personal indignities tropical climes. I deny our duty to civilize sue~ an aggregation. and cruelties were inflicted. I am ready to concede that the same Clearly these alien races who, as far as history has furnished evi· record contains recitations of some abominable transactions on dence, have not been found adapted for the highest civilization, the part of the insurgents.- I might refer to the statement of a ought not to be introduced here, as they are not competent to witness bef

lastingly hold this group, can there be any objection to the adoption Mr. WHITE. Mr. President, it·wauld·:ce-rtainly take a very of that resolution? long time to bring a ·Mohammedan of .Mindanao to resemble in - But what do we find outside of this? I have already referred to any degree or to briltg him to a likeness to the distinguished Sen­ the remarks of the President of the United Stat.es delivered, not ator from New Hampshire. [Laughter.] I do not think the in his message only, for in his message he refers to forcible an­ President had anyth~ng of that kind in view. I trust not. nexation as a crime and denounces it as an offense against public Whatever may be the definition of the Senator from New morality as defined by us, but on a public occasion he again re­ Hampshire or of some one else, it is palpable from these latter... ferred to the Filipinos and spoke of the :flag that had been planted day expressions that it is the policy to permanently dominate the in that hemisphere. He said: Filipinos, and, as just remarked, if it-were otherwise why do-ex­ There it remains the symbol of liberty and law, of peace and progre!:ls. pansion Senators hesitate with reference to the resolution pro­ Who will withdraw from the people over whom it floats its protecting folds? posed by the Senator from Georgia? Will the people of the South elect to haul it down? Ah, they tell us, "Wait, wa-it! That resolution will pass in the And in the letter to the Secretary of War, to which I have also sweet by and by-as soon as the treaty has become the supreme law adverted, the President declared that our policy to~ard those of the land." But, Mr. President, notwithstanding our faith in the islands is that of "benevolent assimilation." What is meant by integrity of our friends of different opinions as ·to this issue, wa ''benevolent assimilation?" Who shall define that? The word know that they change their views, and we would rather-have "assimilation" implies absd'rption, taking in. True, the President them tied up, strongly and irrevocably committed, before we per­ guarantees us that he will not assimilate those people violently. mit ratification of the treaty. We fear that we may Iiot get There will no doubt be something of an anresthetic character "unanimous consent" for the hearing and passage of this resolu­ with reference to that assimilation. tion after the treaty has been concluded. · 1\Ir. CHANDLER. Mr. President, the other day when this For my own part, I am opposed to the entire design, -but upon "benevolent assimilation" bugbear was presented in the Chamber any theory whatever, upon any theory which -anyone, outside of a I looked at Webster's Unabridged Dictionary, and I found that very few Senators, is willing to father in this Chamber, it follows ''assimilation" does not mean absorption, whether benevolent or that it is our duty, if we have the sl-ightest regard for our position otherwise. Webster says " assimilation" is: before the world, to indicate in advance what-we intend to do. Now, Mr. President, let me ask-any Senator on the other side of (1) The act of assimilating or bringing to a resemblance, ,ikeness, or identity. the proposition whether at the time the Senator from Colorado [Mr. TELLER] offered an amendment to the Cuban r-esolutions, The argument the Senater is making, and which the Senator which has already been read, in which it was said by this body · from South Carolina [Mr. TILLMAN] has made, that "assimila­ and by the Congress: tion" means destruction, means gobbling up and destroying iden­ That the United States hereby disclaims any disposition or intention to tity, is not a fair argument, I submit to the Senator. exercise sovereignty, jurisdiction, or control over said island except for the Mr. WHITE. When theSenatorfromNewHampshireabsorbs, pacification thereof, and asserts its determination when that is accomplished say, a broiled live lobster, he assimilates it, or at least he ought to. to leave the government and control of th~ island to its people- [Laughter. _I Mr. CHANDLER. The h·ouble is that the Senator does not ap­ Was there any admission that we were waging a war of con­ preciate the different meanings that may be given to the same word. quest? No one had the boldness to make such a declaration. Undoubtedly the President thinks that we want to bring-- For what purpose did the United States embark in the war? It ' Mr. WHITE. Will the Senator from New Hampshire allow is well known here that the many difficulties which we now meet me to ask whether he speaks by authorit y of the President? were anticipated by some of us, but no one. supposed that we Mr. CHANDLER. Undoubtedly the President thinks as I do, would ever attempt to absorb islands on the Asiatic coast or if he is a wise man [laughter], and I think he is. Undoubtedly compel them into actual close communion with us permanently. the President thinks that we ought to bring these people into a Had an amendment to that resolution been offered providing that resemblance or a likeness to us, but not exactly to an identity; all possible acquisitions should be brought within its scope and and I hope the Senator will not give too much stress, as the Sena­ its letter, there would have been no opposition. · t.or from South Carolina did,- to the use of the words" benevolent Remembering that Admiral Dewey says, from personal contact assimilation." They sound finely to me, and I am sorry the Sena­ with the Filipinos and the Cubans, that the former are better tor from California does not like them. fitted for independent government than the latter, are we not h onestly bound by the spirit of our declaration to give an inde­ Mr. WHITE. Theapprecia ~i onoftheSenatorfromNewHamp­ shire, while intensely interesting and no doubt of advantage to pendent government to not only the Cuban people, but likewise himself, is not controlling as to me, and I trust not to many others. to the Filipinos, and we refuse to declare that the same rule which we applied to Cuba will be applied in the case under con- The Senator from New Hampshire confines himself to a part of sideration. - the definition, and therefore he should n ot criticise me if I refer to that portion which he omitted, of course not deliberately. Cer­ Mr. MASON. Will the Senator yield to me? tainly not. If the Senator from New Hampshire speaks by author­ The PRESIDING OFFICER (Mr. RAWLINS in the chair). Will ity of the President, and can assure us that the President defines the Senator from California yield to the Senator from Illinois? this word as he does, the situation may be slightly improved; but Mr. WHITE. Yes, sir. I do not know t hat 1 will have great 1·egard for the Presidential Mr. MASON. I have· heard so far the speeches of Senators on definition, although perhaps I will have more regard for the policy. the other side upon this question, and the Senator may remember Mr. CHANDLER. If the Senator will allow me, I think the the speech made by the distinguished Senator from Minnesota in President had this kind of assimilation iu mind that is given in which he disclaimed any intention of permanently governing the dictionary: these islands without their consent and by force. I think the Senator from Ohio practically made the same suggestion. I wish The pleasing illusions * * * which by a bland assimilation incorpor ated to ask the Senator whether he has ever had given to h ;m on this into politics the sentiments which b eautify and soften private society. floor by any of tho8e Senators any reason why we should treat the rLaughter.] • inhabitants of the Philippine Islands differently from the treat­ That is the kind of "benevolent assimilation" I mean, and the m ent given to the Cubans? kind which I think the President means. Mr. WHITE. I will say to the Senator from illinois that I have Mr. WHITE. Mr. President, I trust that the intention of the never known any one to attempt to give any such reason. President and of the Senator from New Hampshire is in each case Mr. 1\!A--.:ON. Have any of those Senators given to the Senate to blandly assimilate and to incorporate into our politics the senti­ any reason why we should not be willing to say so now? ments which will enable the Filipinos to beautify and soften pri­ Mr. WHITE. I believe that u pon that subject there is much vate society. Perhaps the Senator from New Hampshire believes mental reservation. [Laughter.] that the Filipinos will, after a century or so, come within the Mr. President, while I repeat that I do not believe either or any phraseology which he has employed. Possibly it will require the of these races are really fitted for companionship with us, yet, treatment, whatever it may be, which he advises to produce such under the peculiar circumstances of this situation , I am willing a change of character. It will not come until after they have to apply to the Philippine Islands the same rule that we h ave al­ been fully absorbed. ready declared we design to enforce in Cuba. Whether we apply Mr. CHANDLER. Mr. President, that may be, and perhaps that rule or not depends upon our good faith, and it is to be pre­ the Senator construes the word" assimilation" to mean amalga­ sumed that we will be loyal to our pledges, although we know mation. I can not be rer:;ponsible, of course, for the definition t hat we will have opposition of-a mercenary character. There is which the Senator from California gives; but I do not think that no danger in such a course. The Filipinos solicit it; the world "assimilation" means amalgamation, and I do not think "~~simi­ will be satisfied: all p ::>ssible obligations will b3 fulfilled. lation" means swallowing lJ.P and digesting and incorporating I affirm again that the design can not be to treat the Philippine in~o the identity of the individual or body politic. I simply stand Islands as we treat Cuba, or else Senators would not object to upon this definition, which says that "assimilation" may mean voting for a r esolution of that purport. either "resemblance, likeness, or identity," and the President Mr. Pres1dent, is there anything so alluring in the Philippine should have the benefit of the full scope of ail these meanings. Islands, even of a business character,.that we should be willing to - 924 CONGRESSIONAL RECORD-SENATE. JANUARY ·23,

throw aside our traditions, to disregard the teachings of our con­ one can give the precise number. It"is well enough to pretend that sciences, and to set aside every declaration w!.Iich statesmen of constitutional guaranties may be disregarded and that our newly national repute have ever made? Is there Jtnything, I repeat, annexed friends may be limited to a certain part of the United alluring in a business way? States. God forbid that we shall ever have a nation so divided Permit me to say that I do not give undue weight to purely against itself that we will not permit those who reside in one commercial considerations. When I behave that we can not part to visit elsewhere. No such attempted rule, I trust, will morally or in accord with our duty incorporate the Philippines, ever find its place, notwithstanding the agitations of any moment, the affair is at an end. But I appreciate that in some quarters a upon the statute books of the American Republic. different conception prevails. Boards of trade and chambers of Mr. MASON. Is it the Senator's opinion that under the Con­ commerce in various localities look forward to and with glowing stitution we can exercise sovereignty over one part of our country words portray the riches which they seem to think will drop into and prohibit the free intercourse of people from one to the other our laps. Thus was the siren voice raised in the case of Hawaii, part? and yet it is demonstrable to-day, as some of us said it would be Mr. WHITE. By no means. My understanding is exactly the demonstrated, that the local sugar growers alone made fortunes other way. I do not believe we can do anything of the kind. from annexation. Then we were told that numerous laborers Without entering into any extended discussion of the subject, I would go to Hawaii and find a long-sought opportunity for the am very clear that every child born anywhere withi}l the United development of their interests, and yet we have ascertained from States, whether you define it internationally or nationally or experience that these anticipations were not realized and that there otherwise, is a citizen of the United States. is no opening for such immigration. · This must be true under the decision rendered by the Supreme Thatacquisition was only valuable to the few and only dangerous, Court in United States vs. Wong Kim Ark (169 U.S., 649). as I thought, in the way of a precedent. However this may be, that There it was decided that a child born· in the United States of. is history; and the only excuse for our action is that it was not of Chinese parents who, at the time of his birth, are subjects of the a character sufficiently important to make it vital. But here we Emperor of China, but have a domicile in the United States and travel thousands of miles farther, and instead of having 100.000 are not employed in any diplomatic or official capacity under the people to deal with, we have 8,000,000 or 10,000,000, more obvi­ Emperor of China, becomes at the time of his birth a citizen of ously incompetent and more difficult to control. the United States by virtue of the first clause of the fourteenth t When you seek to acquire property, do you not look to the title amendment to the Constitution: and right of your grantor? Do you not ascertain what power he Allt>ersons born or naturalized in the United States and subject to the ·had, what jurisdiction he exercised, and what possession he enjoys? jurisdJCbion thereof are citizens of the United States and of the State wherein If he had nothing standing on the records, he must have had pos­ they reside. session indicating his entry and justifying his pretensions. If we It will be noted that the power granted to Congress by the Con­ cause peace and order to prevail in the Philippines, it will be the stitution is '• to establish an uniform rule of naturalization." It result of conquest, not of Spain, but of those whom Spain never is not easy to discover, even if we bring the Filipino within our subdued. fold, how we can have " an uniform rule of naturalization'' with· 'rhere are half of these islands which have never been under the out including the offspring of those who inhabit the islands from control of Spain. What must we do with them? If we ratify Mj ndanao to Luzon. , this treaty and pass laws under it, we have no alternative but The Senator from Louisiana ["Mr. CA.FFERY] has contributed an • to invade and subject them. We can not, as a gr~at nation, stand able argument regarding the citizen status of the Filipinos in case aside and permit unchallenged rebellion. If we ratify the treaty, of annexation. we must show the nations of the world that we have not only the As was well said by ex-Senator Edmunds: technical right, but also the physical strength to enforce our man­ A republic can have no subjecU!. Its people must be either citizens, slaves, dates; and hence it follows irresistibly that we must send our arms or aliens. abroad and bring the Mohammedans and others to submission. True, we may prevent the inhabitants of the Philippines from What kind of an enterprise is th1s to be? What will it cost, not voting for President or members of Congress and from otherwise in money, but in life? When we commenced the Spanish war, we availing themselves of some other benefits which they may theo· did not, I am persuaded, anticipate such a possibility. There retically enjoy by leaving the group in a Territorial condition. would have been more hesitation had we done so. Will we be able, Nevertheless, this will not affect the rule announced by the Su· we who live and constitute the "land of the free and home of the preme Court of the United States in Boyd vs. Nebraska, already brave," to justify ourselves to ourselves if we assume the respon­ mentiOned. It was there remarked: sibility of a war in the Tropics in such a cause? Mr. Justice Story, in his Commentaries on the Constitution, says: "Every Is this new possession untenanted and barren? Are the islands citizen of a Stat\3 is ipso facto a citizen of the United States," a.nd this is the uninhabited? On pages 404 and 405 of the document already ·rule expressed by Mr. Ra.wle in his work on the Constitution. Mr. Justice named wm be found a statement by General Greene, an officer Curtis, in Dred Scott vs. Sandford, 60 U.S., 19 How., 893, 576, expressed the opinion that under the Constitution of tbs United States "every free person who seemed to be very well advised. He informs us that taking born on the soil of a. State, who is a citizen of that State by force of its con­ the islands of Luzon, Panay, Cebu, Leyte, Bohol, and Negros. stitution or laws, is al o a citizen of the United States." And Mr. Justice the average population per square mile is 91; that of the island of Swayne, in Slaughterhouse Cases, 83 U. S., 16 Wall., 36, ~. declared that "a Cebu is 210, and of the island of Luzon 79. citizen of a State is ipso facto a citizen of the United States." He remarks: I do not believe that a man who is a citizen when in one part of The density of population in these six islands is nearly 5Q.per cent greater the United States can be anything less, no matter where he goes. than iu illinois and Indiana (census of 1890), greater than in Spain, about one­ Mr. :M:ASON. May I ask the Senator one question, if I do not half as great as in France, and one-third as great as in Japan and China. bother him? Then he gives the exact figures. He also furnishes information Mr. WHITE. The Senator does not annoy me at all. regarding Mindanao, Samar, Mindoro, Romblon, and Masbate, Mr. :M:ASON. Does the Senator believe that under the Consti· where he finds a population per square mile of 11. The leading tution and under the decisions of the Supreme Court it is possible islands of the group, those which are accessible, have a population for us to prohibit the sale of goods manufactured in any one part greater per square mile than Spain itself, and a population greater of the United States in any other part of the United States, or to per square mile than the great States of illinois and Indiana. . levy a different import duty? What are you going to do with all those people? Must they be Mr. WHITE. No. If we follow the mandate of our Constitu­ eliminated? When the process of benevolence and assimilation tion, our tariff and revenue laws can not be otherwise than uni­ has been accomplished, then probably we will be homogeneous, form. I do not understand that we have the power to make any and a common complexion will atone for the errors of the past. exception. But in these days new ideas are prevalent with refer­ Mr. President, what is to be gained by the contemplated pol­ ence to the construction of the Constitution, and a well-known icy? If mere trade is the object, there is no difficulty in pro­ professor of the city of Chicago has lately advanced the view to viding for it with any government which may be established. But which I referred this morning, that there are two jurisdictions I fail to see from statistical examination anythin~ to justify us within the United States, and that the Constitution extends over in assuming that the profits attending annexation and depending all of our acquisitions in an international sense and over the States upon it will nearly atone for the enormous expenditure and only in a domestic sense. It is needless for me, I trust, to say that extravagant outlay which must prove essential. Furthermore, I repudiate this interpre~ation. some years ago in the Congress of the United States there was a As I understand it, it was the design and the intention of the positive and aggressive agitation as to the Chinese question, framers of our organic law that the burdens resulting from revenue arising from the protest of the people of our Pacific coast. They taxation, that the fiscal obligations which we must endure be­ came before Congress and urged restrictive legislation. and that cause of the necessity of maintaining the Government, must be legislation was enacted, and we excluded Chinese laborers from distributed uniformly ove1· the entire United States; and until our shores. We kept them out, although they sought to come there is a decision from a more authoritative tribunal than can be in occasional shiploads only. Here it is proposed to bring in an found in any convention or university, I must beg leave to stand entire population, possessing to a large degree the same com- to that view. • petiti ve character, containing millions and millions of people-no Mr. President, it is said that after all we owe an obligation of 1899. CONGRESSIONAL RECORD-SENATE. 925 an ill-defined nature to somebody with reference to the Philip­ resources. and by invading the marts of the world and taking pines which makes it necessary to absorb them. To whom do we from other nations, in the peaceful struggles of the day, not by owe such obli~ation? Do we owe it to the people there? If so, force, but by brain and brawn, those great advantages which the surely they have aii~ht to waive it. If we are to assimilate them records of our Treasury Department show are ours. because of an obligat10n under which we rest to them, they must be Without running at all into elaborate figures, I will refer the allowed to discharge ns. .Annexation, absorption, or assimilation Senate. to the imports and exports of merchandise for the twelve they do not desire. months, in each case commencing in January and ending in . We stand in a singular position before the.world, and those of December, for the years 1893, 1894, 1895, 1896, 1897, and 1898~ us who are opposed to the new dispensation and policy are blamed But I will show in this connection here and now this fact only, in some quarters. It is said we complicate matter.s by delay. . that while in 1893 our exports exceeded our imports a little less But we delay nothing. .We decline to subscribe to a policy which than $100,000,000-ninety-nine million dollars and odd-in 1894 we think: means dishonor. A part of our Army, on board ship, they rose to $148,000,000, in. 1895 dropped down to 823,000,000, in looks upon an island tenanted by people who have been struggling 1896 rose to s:324,000,000, in 1897 to $357,000,000, and in 1898 we for years, whether they are white or black, poor, good or bad, to exported $621,000,000 more than we imported. establish their own government. We are armed, exchanging glar­ Imports and exports of merchandise for the years 1893 to 1898. ing glances. They hardly know what to do. It is said to us, "Ratify the treaty." Suppose we proceed to give to this Adminis­ Twelve months ending December- Imports. Exports. E:x:ce.ss of tration power outside of the mere military authority now being exports. exercised; what then will be the result? If the natives resist, what will we do? Will we shoot them? If we do not need them, 1893.------· ------$776,2!8, 9'>.A $876,148,781 $1)9, 899, 85'1 1894,.. ______------67ti,312, 9il 825, 102,2!8 148,789,307 must we take them? Is it our obligation to be unjust or cruel? 1895 ______------801,669,347 82!, 860, 1ll6 23,190,789 We have the power to crush the Filiplnos-at enormous expense, 1R96 ______---· ------681,579,556 1, 005, 837,2{1. 324, 257' 685 certainly, but we have the ability to do it. Will we do it? Can 1897------· 742,595,229 1, 099,709,045 357,113, 816 we afford to do it? Can we who inaugurated a war for "human­ 1898 .. _____ ------633,664,634 1, 25!,925, 1ti9 621, 260, 535 ity?" We, a Republic of peace, justified our action by saying that we contended for the liberation of our kind. Thus we threw Why is all this? Take our consular reports, Senators, and ex­ the gage of battle upon this exalted platform and under that amine them, especially those issued during the last few years, and banner not to conquer territory, not to acquire possessions or you will find that American enterprise and American ingenuity dominion~ but that man might be better and less subject. are compelling attention abroad. You will find evidences to If. having thu.s proceeded, we now destroy not merely the op­ this effect in the heart of enterprising Germany, in the center of pressor, but the oppressed, what position will we occupy? Will it enlightened England, in the midst of cultivated France. You en­ be any answer in the high court of civilization now or hereafter counter such manifestations everywhere, and day by day, hour to say "we had to do it becauseweobtained possession and it was by hour, as our people are better understood and their skill and necessary to control?" Will such a pretense ever be accepted as the merits of their goods more accurately estimated, and as we a sinC€re declaration? Such must be the result if this treaty is become more careful regarding our consuls and the retention of ratified. those who know something about their business, our trade ex­ But. Mr. President, do we owe any obligation to our ourselves pands. requiring the pe1·formance of such a disagreeable task. Is it neces­ We appropriate by these civilized methods the profits hereto­ sary for us to burn property and kill men because of any self­ fore enjoyed by other countries. We are drawing these vast bene­ imposed burden? No, sir; I think not. I conceive that our pri­ fits to our pockets. We are becoming great. No little area is mary obligation is to preserve pure and unsullied this Government ours. Our domain is mighty. This is not a nation to be held in for the maintenance of the principles upon which it is supposed the hollow of even the imperialistic hand. With a population to rest. less than one-fourth per square mile of that of the islands of the I believe tbat so far as the world at large respecting humanity Philippine group which I first enumerated, with vast territory yet is concerned we will do more for our own age and for times that untouched, with boundless resources in your State, Mr. President ru:e yet to be if we so act as to demonstrate that we are worthy of [Mr. TURLEY in the chair], in the locality of every Senator, sus­ the great heritage to which we have succeeded. We will, indeed, ceptible of utilization and destined for our benefit and for that of hold a proud position if we prove that we differ from other na­ our posterity-with all of these great advantages, this glorious tions whose accumulated powers were used for evil, whoserulers, prospect, this magnificent possibility, at our own doors, under our in the midst of the splendors of transitory triumph, assailed the immediate civilization-should we not hesitate before forming liberties of their fellows. We owe no obligation of that kind. No new alliances? such crime can we be asked to commit. Witness our territorial greatness. Think what we may do when We hear much of o ur destiny, our manifest destiny. What our population is several times its present number. Look at the "manifest destiny" can require any man or set of men or any na­ victories of peace which may be ours, the honorabl~ contests which tion to do that which should not be done? Are we destined for we may win, the contributions to civilization which we may fur­ turpitude? What is that manifest destiny? Is it to conquer the ni~h! Are not these more worthy prizes than the spoils of war? world? Evidently many so think. Not long ago it was frequently Our schools and our churches rise in every township, in every spot said upon this floor, "wherever the flag is r aised there let it float where mankind throng. In the paths of mining, agriculture, and forever." This proposition was so absurd and the statement was manufacture, in the domain of science and art mark our success so ridiculed here and elsewhere that a distinguh;,hed Senato.r of and observe the boundless field. When our future can thus be expansion tendencies informed me recently that the expression rationally anticipated, when we are actually about to possess the was only a figure of speech. choicest blessingsof the earth, our acquisitions won without blood Yet this very phrase has been alluded to as the maxim upon and producing treasure-victories gained honestly, the rewards of which expansionists rest. Wherever the American flag has been intelligence, brought forth under the vivifying and electrifying raised, whether rightly or wrongly, whether or not circum­ stimulation of free government--when we have thus succeeded in stances make it advisable for us to take it down, there it must promoting our Republic to its proud and, in a sense, imperial po­ continue to wave; that while under it we might conquer, yet sition, we are tvld that we must follow that delusive stranger, we can not without impropriety relieve it from a position where "our destiny/' and must depart from our tried and incomparably it can not remain but as the symbol and evidence of oppression. successful policy-thus adoptingthatwhich is destructive to others That view, I believe, has been abandoned, and we are now told, in preference to that which makes us really happy. as I have stated, that the former argument was nothing more than Talk about the obligation that we owe to the Philippines, to ''a figure of speech." Upon many of these ''figures " do the argu­ England, to France, to China, or to any nation or State or set of ments of our adversaries rest. nations in the world. Do we not owe more to ourselves? Are not Our trade, we are advised, requires us to go abroad sword in those who are near and dear to us-ought not our country to be hand, regardless of principle. Let us investigate. From the more to us than any m omentary triumph or the flitting shouts most selfish standpoint we ought to adhere to our presen~ policy of the battlefield? Are we to relinquish the substantial and change and leave foreign entanglements for our competitors I do not our century-sanctified plans in a night because our Navy has been care, for the sake of this argument, whether the commercial great­ victorious, our Army militant in a contest far from equal? Be­ ness of the United States is due to Republican so-called protection, cause we fought a war wherein we lost in actual battle ( eliminat­ or to Democratic ideas, or to the natural abilities and the manu­ ing subsequent sickness and wounded fatalities) 280 men; must facturing and commercial impulses of the race. To whatever it we raise great armies and aver "no power can defeat us"~ Mr. may be due, we enjoy commercial superiority, and under our pres­ President, I know that the sword mu.st sometimes be drawn and ent system we have acquired this enviable position. We have that many issues are thus solved, and solved well. But the lessons won it honestly, by patient, intelligent effort. We have obtained of time admonish us that all combats to the death are irrational. it as the result of the splendid standard of efficiency of our labor­ Civilization occasionally springs from the gory field, but I do not the highest in the world-by compensating our toilers most liber­ wish my nation to participate in any effort that will result in aught ally, by availing ourselves of improved methods, by utilizing our but the building up and strengthening of her claim to be the ideal 926 CONGRESSION~L RECORD-SENA'I'E. JANUARY 23, republic-living to spread virtue and freedom by the mild processes responsibility absolutely upon our shoulders. What will be the of truth and reason. result? We are informed by General Wood that 50,000 troops are . Who invites us to these new fields of conquest? The nations ..necessary now for Cuba, and still Cuba's population is small :when with whom we. have been contending in this peaceful and soon to the comparison is made, and we have promised that island freedom. be determinative struggle; the nations whose manufacturing we We have bills for the i:ncrease of our Navy, and I am in favor are taking away; the nations whose resources are yielding to the of a fine naval establishment-sufficient to guard our .interests policy of this emancipated Government. · They seek to allure us, thoroughly, but not to engage in conquest. We are informed and they display before us the alleged choice blessings, as they call that these expenditures will aggregate millions, and yet we have them, of "benevolent assimilation." India is selected as a typical only commenced. Oh, you can not in a moment lead a free peo­ case. In the dull and ambitionless abode of the Hindoo is found ple from the pathway of inWgrity in which from the teachings of convincing proof of crushed manhood. England, the nation with their mothers' knee they learned to tread. . whom we so lately disputed concerning the Monroe doctrine, is The allurements and deceptions from which nations and indi­ now our. mentor and example. Why this sudden change? Is it viduals alike suffer do not ordinarily mean the immediate avoid­ rational? Mr. President, I want rlone of this. I know it is not ance of honor. The gradual moving away from the .old road always popular to seek to restrain the impetuo~s march of those finally results in its abandonment. The way of truth is left un· .who see or think they see glory ahead, but I oelieve it is the duty trodden. Upon it grow weeds and thistles. Its identitv is now of men situated as we are to look upon this grave. situation calmly and then pointed out by some one who lingers on the scen6-a lone and considerately. worshiper yet at liberty's shrine. I read an article in a newspaper recently to the effect that our Mr. President, it is an army of a hundred thousand men, or Government has agreed to a treaty or compact with Spain, and 60,000 men now. It will be 120,000 in a short time. And why that the United States can not afford to reced~; that Senators who not? This vast host will be necessary. Nay, several times more. are not expansionists are not cast in pat:riotic mold. Such impu­ I do not speak of this enormous augmentation of our military as dence does not frighten me from duty. Has it come to this that any act of oppression upon the part of those who recommend it, a treaty. when signed by the Executive, is thereafter the supreme or upon the part of those who may vote the appropriations, but I law of the land, or is it still well to obtain the concurrence of the speak of it, sir, as the inevitable and necessary consequence of the Senate of the United States, and is there any less responsibility adoption of a policy which recognizes the arbitrament of the upon the Senate in connection with the treaty than there is upon sword and the settlement of disputes not in peace, but in war. the President? We are preparing -for not merely a war, but for wars. . May this body advise and consent when the Constitution so or­ May it not be that our growthalongthelinesof conquest will en· dains? When this annexation experiment shall have been tried, if list the opposition of other peoples; mayitnot bethatother nations, tried it must be, and when its issue for weal or woe has passed seeing that we are attempting to interfere with them, will here­ into a demonstration, will not this body share and must it not after, however friendly they may be to-day, challenge our superi­ share equally with the Executive in whatever may have transpired? Olity? Whether we are confronted with such a situation or not, Was it not thought by the men who conceived the Constitution it is obvious that we must prepare for it, if the expansion notion that the Senate of the United States might occasionally contribute obtains. The crisis must finally come. The general who under­ an idea in addition to those of Executive discovery, however able, stands his business and ·the admiral who watches the seas and honest, and intelligent the Executive might be? scans the horizon for the foe know that they must ever be on the Mr. President, we are bound to examine this for ourselves. We alert. So will this great military establishment arise to proceed can not rest upon any examination by anybody else. No one has to deeds of so-called glory, to keep down and in subjugation an in­ a l;ligher regard for the ability of the three members of. this body ferior race, compelling young men, the flower of our youth, to who went abroad on this treaty mission than have I. This treaty seek malarial climates, to die in battleand in hospital, not for the is to a large extent their work, and we are in the presence. • there­ cause of !iberty, but for the cause of expansion. Then will come fore, of men who understand more about it than we do. This, a time when the military will dominate the land and when the however, can have no in:fiuence upon us, except in so far as rea­ Republic will endure only in story and in song. sons may be furnished and arguments adduced controlling our How long would it have b~en necessary to combat such a policy judgment and discretion. . had it been advocated but a little time ago? Is it not singular We must satisfy ourselves, I repeat, and ~hat we will do so I that as matters proceed we become more and more acclimated. as have noreason to doubt. Thisisnotassumption, itistheperform­ it were, to this situation; we more readily yield up and sacrifice ance of a duty. Whatever may be the personal effect of blending really precious things and join the majority in saying that after executive and Senatorial functions in a treaty commissioner, the all the Constitution is of no great.force, and that if, as a distin­ organic laws can not thus be altered. · guished military man has lately said, it is not in accordance with Mr. President, will anyone tell me that a great standing army our new demands and developments, we min get something else? is advisable in a republic? What is the inevitable and necessary And so we can; we may abandon the basic principles of this Gov­ consequence of the carrying out of this modern doctrine of expan­ ernment. We (I speak of the people) have the power to do so. sion? It will not rest its influence. upon the Philippines only. The nations have so acted in many an age. Can we not, too, be When we place our giant foot upon those islands, we will seek foolish? I have considered it less important to discuss the actual new scenes for aggression and conquest and will consider that it words of the Constitution than to combat this destructive tendency. is our duty to encircle the earth. I have thought more about constitutional principles than I have The taste of unbridled power begets license. The greed of of any phrases, however sacred. The instrument can not save us conquest succeeds but never indicates national virtue. What is if we determine to ignore it. I know that the honeyed words of the limit of the expansionist? Where does he stop? It is hinted power and the seductive influence of official promotion, advance­ that our more progressive legislators and citizens hope to partici­ ment, and place sometimes lead even judicial tribunals astray. pate in the partition of China. Whenever there is to be an "ab­ But I fear popular error more than this; for there can be no recall sorption," which is a modern ·expression for international robbery, if the people join in the orgies which signalize the Republic's dis­ the advocates of the new idea wish to be present. The old days, solution. when upon the Fourth of July and other festivitie::~ the school­ Mr. President, what does this armed display mean? We famil· boy talked about the outrages involved in the pa~tition of Poland, iarize the people with the presence of war. We look at Arti­ will not come again. The custom of reading Washington's Fare­ cle III of the amendments of the Constitution and we wonder well Address here will soon be abandoned if this fallacious doc­ why, after all, there was so much said about the quartering of trine obtains. The sarcastic irrelevancy of that great announce­ troops. Of whom were the fathers afraid? They feared the armies, ment will be apparent to the most unlettered and expansive mind. whose business was not of peace. They knew much of ·the arro­ We are to go further. We must have new and various acquisi­ gance of soldiery. They appreciated the impossibility of preserv­ tions. I said upon another occasion that this would be the result ing liberty in the face of mighty standing armies. They knew of Hawaiian annexation-! was laughed at. "Designate another that the honest civilian must yield, and they searched history in island that can be taken," I was asked. I answered that there vain to learn that there was any compatibility between a standing would be no difficulty in finding such an island if the rapacity of army and free institutions. power·suggested the propriety of advancement in wrong. Cir­ And hence, Mr. President, if there is one thing that we have cumstances have warranted and supported that suggestion to the all learned, Democrats, Republicans, and Populists alike, it is that, letter. But not indulging in that which may be called an invest­ save in a great public exigency, we ought not to have among ment in the domain of prop}:lecy, and speaking of affairs as we see us, and upon us, and of us, large bodies of armed men. And yet them, what is the obligation already ~fore us? we are bringing about a condition which will necessitate this ca­ If we hold this group, we must maintain ourselves by the force lamity. We are creating, by this annexation programme, the very of arms. We m~st enter and take possession and coerce to obedi­ condition which we concede and have always conceded to be em· ence; we must maintain a vast establishmen~ thousands of miles inently di§!astrous. from our-western limits-on the other side of the earth-if we Mr. President, consider the state of a people who are pursuing may figuratively speak of the globe thus. We must exercise such peace, wbo are not familiar with war, but who a1·e ready to in· control that other nations will be protected. We will have the stantly spring to arms to defend their rights and honor, amd to 1899. ~ . CONGRESSIONAL RECORD-. SENATE. 927

preserve their nation f1·om injustice-consider such a people a ban- principle of the fourth resolution (and :that is -· hat-:I have· said) doning the tenets of civilization and adopting the business of car- to all those people as far ·as possible, because I do not.myself Ree nage. Are we ready to call this progress? · how we can escape from it; and I have yet to learn that those.who Mr. MASON. Mr. President, may I interrupt the Senator from are in favor of the ratification of the-treaty; with perhaps one or California? two exceptions, are in favor of doing anything else. The PRESIDING OFFICER (Mr. RAWLINs in thechair). Does Mr. WHITE. Mr. President, of course I do not know, save the Sena' '1r from California yield to the Senator from Illlnois? from what I have heard stated on the floor, how .Senators stand. Mr. WHITE. Certainly. It is not wo1·th while to exchange ·opinions upon that topic, he'­ Mr. MASON. Before the Senator leaves the point he is making, cause it will be exceedingly easy to take up the resolution of the I want to ask him if he knows of any case in history where terri- Senator from Georgia and vote·npon it, and then we will have a tory has been acquired by force that they did not require the same test which will remove the matter-from disputation. or a greater force to maintain it? Does it not mean a perpetual Mr. MASON. That is what I was going to ask, with the Sen- standing army? · · ·ator's permission, of the Senator from Colorado. I ask him if he Mr. WHITE. Mr. President, especially in the Tropics there is can see any objection to making a declaration of that kind before no occasion for civilization or capacity as we understand it, and the treaty is ratified? · · there control is alwavs by the sword. . Mr. TELLER!r I can not see any advantage in making it. It Mr. GEAR. Let me state to the Senator from Illinois that the strikes me that the suggestion of.the Senator hom Georgia [Mr. acquisition of a part of California, Arizona, and New Mexico did BACON] and the Senator from Illinois [Mr. MASON] with refer­ not reqnire.any additional force. ence to the necessity of a declaration of this kind goes upon the Mr. MASON. It was settled by a treaty, and it was settled theory · that they are a~aid to trust the American people. I finally by a treaty. by an agreement by a people who had a right stated the other day, and I want to repeat it, that I was in favor to settle it by treaty. . It was not questioned-- . of the fourth resolution that we passed on the 20th of April last. Mr. TELLER. The people of New Mexico and California were It was not because I mistrusted the American people. I wanted not heard in the matter. it for its effect upon Europe. I want.ed it as a guaranty to them :Mr. MASON. They did not stand with guns as the Filipino of what we were declaring we were·going to do. does now. saying, ';K-eep off the grass!" · Mr. MASON. Is there any less reason for giving the guaranty Mr. TELLER. They did stand with guns when we went into of good faith to European nations now than there was when we California and Mexico. When the army went there, the Mexicans passed your resolution? and Californians stood with guns. Mr. TELLER. The European nations .have nothing to do with Mr. MASON. I know, but the whole thing was finally adjusted this question now. They are not interfering; they are entirely by treaty. satisfied to let us do as we will. Mr. TELLER. So is this being adjusted by tl·eaty. Mr. MASON, What had they to do in the other case? Mr. MASON. By a treaty with a people who havenomoretitle Mr. TELLER. They were threatening intervention, as the than the devil had when he offered to give the Saviour all the land Senator knows. . in sight. He did not have a tax title to a square foot. Mr. MASON. Is it not true, as stated by everyone who has The PRESIDING OFFICER. The Senator from California has spoken on your side, that they are threatening intervention now? the floor. Mr. TELLER. No; they are not. Mr. WHITE. The Senator from Colorado [Mr. TELLER] evi- Mr. MASON. The German ships are not there? dently has not exactly understood the line of argument I have . Mr. TELLER. Germany is not threatening intervention and been malting. He wa-s out of the Chamber during this explana- will not intervene so long as we are in possession or indicate that tion. I think he will concede perhaps that there is some differ- we want to remain in possession. The conditions are entirely dif­ ence in the character of population and the problems threatening ferent. us in the Philippine group and that which we encountered when 1\fr. MASON. If I may take one moment more, I want t~ be we accepted California and annexed Arizona and the territory understood and I do not want- which he names nnd'er a treaty. The PRESIDENT pro tempore.· Senators should address the I have not made any statement with reference to my belief that Chair and obtain permission to interrupt the Senator on the floor. the people of the island must necessarily be consulted. The region Mr. MASON. I beg pardon. I had the permission of the Sen- to which he refers was not densely populated. While there we:i·~ ator from California. Indians in considerable number, they were considered de~tined to The PRESIDENT pro tempore. · Does the Senator from Cali- removal or even obliteration. The Caucasian inhabitants were fornia yield to the Senator from Illinois? capable of "assimilation." They were contiguous. The tropical Mr. WHITE. Certainly. problem is altogether different. The inferior race in the Tropics Mr. MASON. I wanted to understand, and I have no doubt the does not diminish. The Caucasian there never substant1al!y in- Senator can colTect me if I am wrong, whether there is not a creases. The number, the location, and the character of the inhab- proposition pending before this body whereby we guarantee prac­ itants in the Philippines are conclusive to ma from the standpoint tically the taking of the possession perpetually of the Philippine of policy, and thus I am considering the matter. Islands. Do we not guarantee and .give to Spain for ten years, I have said that the Filipinos are not suited to our needs; that under certain provisions of certain pending legislation, the same there is absolutely no excuse for treating them differently from differential or the same treatment in tariff that we have with the the natives of Cuba. I have referred to the fact-and I trust the Philippine Islands? Senator from Colorado will note it if he has not done so already- Is there not an Rt,<>Teement pending which looks to a different that Admiral Dewey declares that from his personal contact with treatment of the people of the Philippine Islands from the treat­ both races-and he says he is familiar with both-the people of the ment which we are giving to the people of Cuba? If that is true, Philippine Islands are better fitted for self-government than the what objection can there be to stating before the passage of the people of Cuba. - I have further said, to make my position clear-- treaty that it is the intention of the Senate, which is the treaty- Mr. TELLER rose. making power, to treat the people of the Philippine Islands the Mr. WHITE. If the Senator will excuse me a moment, I have same as we do the Cubans, to give them independence and liberty said that if any annexation is to be had at all, it should be with a the moment they are equipped and ready for it? declaration similar t0 that contained in the Cuban resolution, · Mr. TELLER; May I reply to the .Senator from Illinois for a which declaration I affirmed wonld not be made by the advocates moment? of this treaty. Mr. -WHITE. Certainly. , Mr. TELLER. Mr. President, will the Senator from Califor- Mr. TELLER. I do not want to get into a discussion in the nia allow me? midst of the speech of the Senator from California. I merely want The PRESIDENT pro tempore. Does the Senator from Cali- to say that I do not think it is worth-while for us to legislate un- fornia yield to the Senator from Colorado? less there is some necessity for it or to declaTe some necessity for Mr. WHITE. · Certainly. · . it. I donot understand that there is anypr.oposition which binds Mr. TELLER. I did not mean in the slightest degree to an tag- us to keep those islands a minute if we do not want them. The onize .anything the Senator has said, for I have been out of the Senate can not bind Congress. The next day after the treaty is Chamber in the Committee on Appropriations, and·! did not hear ratified we could declare to the world ·that we would not keep what he said; but the suggestion came to me from the Senator them an hour. from Illinois that there was a difference between the conditions. The treaty itself does provide, as the.Senator says, that we shall I insist that there is practically no difference at all. We conquered keep an open door for Spain for ten years. We could keep that from Mexico a section that we afterwards took by treaty. We t1:eaty with Spain if we turned the islands over to the Filipinos or conquered it against the will of the people. They were all in arms if we turned them over to somebody else, by-stipulating that they against us. There was not one per cent of them that did not feel we should carry out that idea. I think we should be in honor bound were invaders and oppressors when we came there, and thought to do that. r. But here in the treaty·there is this declaration: · we would be. · . " The civil rights and political status .of the.native-inho.bita.nts of the terri- Now, Mr. President, I agree with the Senator from California. . tories hereby ceded to the 'United States shali be d~termined by the Congress. I believe that in dealing with this people we ought to apply the That is a declaration -that we do not -:propose by:±he ratification 928 CONGRESSIONAL RECORD-SENATE. JANUARY 23, of the treaty to determine anything about it, and we can .not de- ' forfeitures- hereby imposed shall be recovered in the manner hereinaf.ter provided. termine it. The whole matter is left to Oongre.ss. •'Any freight shippe-d from the United States through a foreign country Mr. MASON. To the Congress of the United .States or the ·con­ into the United States, the through rate on which shall not havo been maae gress of the Philippine Islands? public as required by this :act, shall, before it is admitted into the United States from said foreign country, be subject to customs duties as if said Mr. TELLER. To the Congress of the United States, as the freight were of foreign production; and any law in conflict with this section Senator must be aware. is hereby repealed. Mr. MASON. I thought I understood you, but I w..anted to "Every rate, fare, and charge legally filed, published. and in effect shall emphasize it. be conclusively presumed to be a reasonable .and lawful one until ,the com­ mission enters an order directing the carrier to show cause why said rate Mr. '!'ELLER. There is no congress of the Philippine Islands, shall not be held to be um·easonable or otherwise in violation of law. This and there is no government there at all. order may be entered by the commission of its own motion, and shall be en­ Mr. MASON. We understand quite differently. tered as a matter of right, upon the filin.g with it, agreeably to the. provi­ sions of this act, of a formal complaint, specifying the particular in which it TICKET BROKERAGE. . is alleged that the rate, fare, or charge is in -violation of law. The .carrier affected shall be forthwith notified and a full hearing bad., -as in other pl·a­ The PRESIDENT pro tempore. The Senator from California ceedings before the commission, .and all ·carriers interested may be made will suspend for a moment while the Chair Jays before the Senate parties. the unfinished business, which will be stated. ''If the commission, after full hearing upon due notice, is of the opinion The SECRETARY. A bill (S.1575) to amend an act entitled "An that the rates, fares, or charges, as filed and published, or the classification, or the privileges, facilities. aud regulations published in connection there­ act to regulate commerce." with are unreasonable or·otherwise in violation of law, it shall determine Mr. CHANDLER. 1 propose the following amendment to the what are and will be reasonable and otherwise lawful rates, fares, charges, bill, which I aRk may be printed and considered as pending. classification, 3>rivileges, facilities, or regulations, and shall prescribe the same, and shall order the carrier or carriers to file and publish, ou or.before Add the following sections to the bill:• .a certain day, to ta.ke effect on a certain day, sehedules in accordance with SEa. -. That section 4 of an act entitled "An act to regulate commerce," the decision of the commission. approved February 4, 1887, be amended so as to read as follows: "If any reduction is made in joiutrates, fares, or charges by such order the "SEC. 4. The {!Ommisl"ion created by this act shall have authority, after {l()mmission may determine, if the parties can not agree, what the divisions of investigation, upon due notice and full hearing, to prohibit any common car­ such reduced rates, fares, or charges between the different lines shall be, or rier or carriers subject to the provisions of this act from thereafter charging in what manner and in what proportion between the different lines there- or receiving any greater compen£ation in the aggregate for the transporta­ duction shall be effected. · · ltion -of passengers or of like kind of property for a shorter than for a longer dis­ "Such order of the commission shall be deemed an administrative order, tance over the same line in the same direction, the shorter being includ.ed and shall be subjeet to th~ right of review in the carrier hereinafter provided in the longer distance, whether such transportation be over the road of a. for, and shall be enforced as are other final administrative orders under the single carrier or over the roads of two or more connecting -carriers, or to sixteenth section by penalty or otherwise. prescribe the extent to which sueh greater compensation may be received; "When an order made under this section, directing a ·change in the pub­ but this provision shall not be construed as authorizing any such common lished rates, fares. charges, privileges, facilities, or regulations, has become carrier or carriers to charge or receive as great compensation for a shorter final, either because no proceedings in review have been instituted within as for a longer .listance. · the time limited or because such proceedings have .terminated., any party "An order of the commission made in pursuance of the authority conferred who, after the granting of the order to show cause as aforesaid, has paid a by this section shall be deemed an administrative order, and shall be subject sum in ex:cess of what would have been paid for the same service according to the right of review by the carrier or carriers affected thereby in the man­ to the decision of the commission, may, within one year from the time when ner hereinafter provided, and, if not suspended or vacated, shall be enforced such orderbecomesfinal.,and not after,applyin the sameproceedingin which by penalty or ·otherwise as are other final administrative orders under the the change was ordered, and not elsewhere; cud upon its being made to a.p. provisions of section 16 as hereby amended." peat that a. sum has been so paid in excess of what would have been paid for SEc. -. That section 6 of said act, as amended March 2,1889, be amended so the same service according to the schedules as amended iu accordance with as to read as follows: the order of the commission, an order shall be made directing the carrier to "SEC. 6. That every common carrier subject to the provisions of this act make restitution in such sum, with interest, to the party having paid the shall file with the Interstate Commerce Commission, hereinafter provided same. Such orde1' shall stand like the other orders of t.be commission for the for and herein called the commission, schedules showing aU the rates, fares, payment of money, -and shall be made, served, and enforced as is provided in and charges for interstate transportation between points upon its own line case of such orders in the fifteenth and sixteenth sections of this act. and between points upon its own line and points upon other lines, when a "A rate, fare, or charge established by the order of the commission shall joint rate has been established by agreement; and this shall apply although not be increased, nor shall a dassification, privilege, facility, or regul&tion one point is situated in a foreign country, and when theroute{!onnecting two so established be departed from, without the consent of the commission, points in the United States passes through a foreign country. Such sched­ ~ranted upon application of the carrier after due notice aud upon full hear­ ules shall plainly state the places between which such passengers and prop­ mg. · Rates, fares, or charges for a service, not in e-x.cess of those fixed by an erty will be carried, shall contain the classification of freight in force, and order of the commission, shall be conclusively deemed to be :reasonable until shall also state neparately all terminal charges, including stora""e; and all the making of an order by the commission, after full hearing. that the same privileges or facilities which may be allowed other than those invo~ved in the shall be further reduced, and until such order has become final as defined in receipt, transportation, and delivery of proper ty in ordinary course between the sixteenth section. two definite points, and any rules or regulations which in any wise change, "This section shall not affect righto or eauses of action which may have .affect, or determine any part or the aggregate of said rates, fares, and accrued previous to its passage, nor the method o.f enfo1·cing the same." charges, or the value thereof to the shipper. Every such common carrier SEC. -. That section 10 of said act, as amended March 2, 1889, be amended shall also file with said commission copies of all contracts. agreements, or ar­ so as to r ead as follows: rangements with other common carriers in relation to any traffic affected by "SEc. 10. Every person shall be deemed guilty of a misdemeanor who tho provisions of this act to which it may be a pa1•ty. shall, directly or indirectly, do, t>r cause, procure, or solicit to be done, or "The carrier shall plainly print such schedules in large typ~ and shall assist, aid, or abet in the doin~ of, any of the following acts, namely: k eep posted, for the use of the public, two copies in two public ana conspicu­ ".Any act of unjust discrimmation as defined in this act. ous places in every depot, station, or 0ffice of such carrier where passengers u Any fraudulent act or false representation by which transportation is or freight , r espectively, are received for transportation. in such manner that obtained, or attempted to be obtained, at less than the lawfully est ablished they shall ba accessible to the public, and can be conveniently inspected. rate. . "No change shall be made in the schedules of rates, fares. and charges filed "Said misdemeanors shall be punishable with a fine of not over $5,000 or and -published as aforesaid unless the carrier files with the commission a imRrisonment for a term of not over one year, or bot h, for each offense. statement of such changes and posts new schedules, as hereinbefore pro­ 'Any advance or reduction in schedule rates, fares, or char~es, whether vided, or plainly indicates such changes upon those already posted, at least the same is effected by a change of classification or by any deVIce or means sixty days before the taking effect of such changes; but the commission may, whatsoever, except as permitted by the sixth section of said act, or any for good cause shown, allow changes upon less than sixty davs' notice, and it charge, demand, collectwn, or reception of, or offer to make or accept any m ay do this either in a particular instance or by general order applicable to other or different compensation for the transportation of traffic that is particular conditions and species of traffic. scheduled in conformity to the provisions of section 6 of said act shall be "The nam es of the several carriers which are parties to any joint tariff deemed a misdemeanor, and shall be punishable by a fine of not more than sha.ll be specified therein, aud each of the parties thereto, other than th" one $5.000 for each offense. _ filing the same, shall file with the commission such evidence of concurrence "Every person who shall willfully do, or cause, procure, or solicit to be therein or acceptance thereof as may be required or approved by the com­ done, by any device or means whatsoever, any other thing in said act pro­ mission; and whe1·e such evidence of concurrence or acceptance is filed it hibited or declared to be unlawful, or omit to do, or cause, procure, or solicit shall not be necessary for the carriers filing the same to also file copies of the to b e omitted, anything in said a et required to be done, or who !

as against sueh carrier, its officers or agents, in any prosecution begun under "If either party desires to take additional testimony for use in the circuit tbis act, shall be conclusively deemed to be the legal rate, and any departure court, be may apply ~o such court, and if the coart is of the opinion that from such rate, or any offer to depart therafrom, shall be deemed unjust such testimony was not purposely held back in order to prevent the commis­ discrimination. . sion from ha.vmg the full dae before it, and that such testimony is material " Whenever, on the tirial of a defendant I or a violation of this act, the de­ to the disposition of the case and either could not have been or, urider all the fendant is shown to have given or aided, abetted, or assisted in the giving of circumstanc~s. ought nDt to ha."\"e been taken before the commission, it may a rate to one or more individuals, firm, company, or corporation, different instruct the commission to take and send up such further testimony, and from the rate or rates for the same service in the schedule of rates provided thereupon such testimony shall be taken before one or more commissioners for by this act, such evidence shall be deemed evidence suffi.cienttoauthorize and duly certified to the circuit court. a conviction.; and it sh..-tll not be necessary in any indictment hereunder for ···The case as certified from the commission, together with any additional unjust discrimination to allege or to prove in the trial that other and less testimony taken as above. shall be the record upon which it shall be heard favorable rates were offered or granted to other shiJ>pers by the defendant, by the circuit court. If that court, upon such re<.>ord, is of the opinion that or to allege or prove the names of such shippers, the true intent of this being the order of the commission was not a lawfnl, just, and reasonable one, it that the published schedule of rates shall be conclusive evidence that the shall vacate the order; otherwise it shall dismiss the proceedings in review. rates therein provided were cha.rged to the general public. In either caS9 it shall file with its decision a statement of the reasoD.l'l upon "Any person who shall will!ully testify falsely on an examination before which that decision proceeds, which shall be certified to the commission. If any m.em ber of the commission created by this act, or who, in any certificate the order is vacated, the commission may proceed either to reopen the case or report required by such coulmissiori to be made under oath to enable them for furthel" hearing or to dispose of it by the making of a new order upon the to carry out the provisions of this act, shall make any false or fraudulent the~ record, and from any subsequent order there shall be the same right of statement, shall be deemed guilty of perjury, and subject·to the penalties reVlew. provided in section 539"2 of the Revised Statutes of the United States. ".Upon the filing of. a peti?on for review, the circuit court ID.J?-Y, UJ>On such . "All offenses heretofoxe committed 'shall be prosecuted and ptmished as notice to the complamant, if there be one, and to the comuussion, as the provided for iu the laws existing at the time such offenses were committed, court deems proper, extend the time within which such order shall take for which purpose all acts or parts thereof inconsistent "5Vith this act are con­ effect. not to exceed in all forty days from the da.te of service upon the car­ tinued in force." rier. The court may also after a full hearing upon due notice, if upon an in­ · SEc. -. That section H of said act, as amended March 2, 1889, be amended spection of the record it plainly appears that the order proceeds upon some so as to read a'3 follows: error of law or is unjust and unreasonable on the facts, and not otherwise, ''SEC. 14:. That whenever an inv.estigation shall be made by said commis­ suSJ)end the operation of the order during the pendency of the proceedings sion it shall be its duty to make a. report in writmg in respect thereto, which in review, or until further order of the cou-rt. shall include the findings of fact upon which the condusions of the commission "If there is no compbili:.:!intt the defense in such proceedings for review are based, together with its decision, order, or requirement in the premises. shall be undertaken by the Umted States district attorney for that district, "All reports of irivestigatjons made by the commission shall be entered of under the direction of th~ Attorney-General of the United States, and the record, and a. copy thereof shall be furnished to the party who may have costs and expenses of such proceedings shall be paid out of the appropriatjon complained, and to any common carrier that may have been complained of. for the expenses of the courts of the United States. In such cases the United uTh.e commission may provide for the publication of Us reports and deci­ States shall be regarded as a party defendant. sions in such form and manner as may be best adapted for public information "Either party may, if the subject in dispute exceeds $1,000, or the record and u.se,a.nd such authorized publications shall be competent evidence of the presents a question which would be reviewable in any case of law or equity reports and decisions of the commission therein contained in all courts of by the Supreme Court, irrespective of the amount involved, appeal from the the United States and of the several States, without any further proof or c:rrcuit court to the Supreme Court of the United States. The circuit court, authentication thereof. The commission may also cause to be printed for upon the taking of an appeal from its judgment, shall determine whether or early distribution its annual reports." ' - · · not the order is to remain effective during the pendency of the appeal. If · SEc. -. '.fha.t section 15 of said act be amended so as to read as follows: the effect of the order is suspended, such causes shall be given preference · uS.Ec. 15. I t clterafull hearingitisdetermined that any party complainant over all others, excepting criminal causes. is entitled to an :~.ward of damages under the provisions of this aot for a vio­ "No costs shall be allowed the petitioner in the circuit court nor in a.ny lation of its provisions, the commission shall make an order directing the car­ court to which said cause may subsequentlf pass unless it g-oes upon the ap­ rier to pay to the complainant the sum to which he is entitled on or before a peal of the defendant, in which case the petitiOner shall be allowed such costs day named. If, after such hearing, it is determined that any carrier is in as are occasioned by the appeal. If the proceedings in review are finaUf dis­ violation of the provisions of this ad, the commission shall make an order m.L<>sed, the defendant shall have judgment for his costs, together Wlth a directing such carrier to cease and desist from such further violation. and reasonable attorney's fee, which shall be taxed as a part of such costs. ·shall prescribe in such order the thing which the caYrier is required to do or "If no Jlroceedings to review an administrative order made under either not to do for the future to bring itself into .conformity with the provisions the fourth, sixth, or fifteenth sections are begun within the time limited, or of this act; and in so doing it shall have power (a) to fix a maximum rate if the effect of such order has not been suspended by the court in c.ase of such covering the entire cost of the service, (b) to fix both a maximum and mini­ proceedings, or if suchJ>;:?~eedi.ngs are vacated by the court, such order shall mum raie when that may be necessary to prevent discrimination under the be known as a final a · istrative order. Any carrier, any officer, repre­ third section, (c) to determine the division. between earners of a joint rate sentative, or agent of a carrier\ or any receiver, trustee, lessee, or agent who and the terms and conditions under which business shall be interchanged knowingly fails to obey or disooeys a final administrative order shall forfeit when tha. tis necessary to an execution of the provisions of this act, (d) to to the United States the sum of $5,000 for each offense. Every distinct viola­ lD.ake changes in classification, (e) to so amend the rules and regulations tion shall be a. sepg.rate offense, and in case of a continuing violation each day nnder which traffie moves as to bring them into conformity with the provi­ shall be deemed a separate offense. sions of this act. "The forfeitures provided for in this act shall be payable into the Treasury "The foregoing enumeration of powers shall not exclude any power which of the United States, and shall be recoverable in a. civil suit in the name of the commission would otherwise have in the making of an order under the the United States brought in the district where the carrier has its principal provisions of this act. An order not for the payment of money shall be office or in any district through which the road of the carrier runs. It shall termed an adm!.ni.stra-tive order. be the duty of the various district attorney13, under the direction of the "Every order shall fix the date when it is to take Affect, which shall in no Attorney-General of the United States, to prosecute for the recovery of such case be less than ten and or-dinarily not less than thirty days from the service penalties. The costs and expenses of such prosecutions shall be paid out of of such order rrpon the carrier. Such order sha.ll be forthwith served by mail­ the appropriation for the expenses of the courts of the United States. ing to any one of the principal officers or agents of the carrier at his usual "No carrier nor person shall for the same offense be liable for more than place of business a copy of the report and opinion of the commission, together one of the forfeitures and penalties imposed by the sixth, tenth, and sixteenth with a copy of the order, and the registry man receipt shall be prima facie evi­ sections of this act, and the beginning of proceedings under either section dence of the receipt of such order by the carrier in due course of mail." shall be a conclusive bar to proceedings for the same offense against the same SEC. -. That section 16 of said act, as amended March 2, 1889, be amended person or carrier under either of the other sections. so as to read as follows: · · · · "If any carrier disobeys or neglects to obey a. final administrative order, "SEC. 16. If a carrier does not comply with an order for the payment of any person injured thereby, or the commission in its own name, may apply 'money within the time limited in such order, the complainant may file in the to the circuit court in the district where such carrier has its principal office, circuit court of the United States for the district in which he resides, or in or in any district through which the road of the carrier runs, for an enforce­ which is located the principal offieo of the defendant, or through which the ment of such order. Such application shall be by petition, which shall state .road of the defendant runs, a. petition setting forth briefly the causes for the substance of the order and the respect in which the carrier has failed of which he claims damages and the order of the commission in the premises. obedience, and shall be served upon the carrier in such manner as the court This petition shall be returnable and served UJ>On the defendant carrier like may direct. If, upon such hearing as the court may determine to be neces­ a writ of summons. Upon due service and entry of said petition in said court sary, it appears that the order was duly made and served and that the carrier there shall be pending m such court upon the law side a civil smt for there­ is in disobedience of it. the court shall enforce obedience to said order by the covery of such damages, which sha.ll proceed from then on in all respects like issuing of a writ of injunction or other proper process, mandatOry or other­ a civil suit for that cause of action, except that the order of the commission wise, to restrain such carrier, its officers agents, or representatives, from shall be prima facie evidence of the facts therein stated, and except that fur­ further disobedience of said order, or enjom1 upon it or them obedience to the ther the complainant shall not be liable for costs in the circuit court, nor for same; and in the enforcement of such process the court shall have those pow­ costs at any subsequent stage of the proceedings unless they accrue upon his ers ordinarily exercised by it in compelling obedience to its writs of inJunc- appeal. If the complainant finally recovers, he shall be allowed a reasonable tion and-mandamus. , attorney's fee, to be taxed and collected as apart of the costs of the suit. "From any action or failure to act upon such petition an appeal shall lie All complaints for the recovery of damages shall be filed with the commission by either party to the circuit court of appeals for the proper circuit, and within three years from the time the cause of action accrues and not after, from that court if the subject in dispute exceeds Sl,OOO or the record presents and a petition for the enforcement of an order for the payment of money a question which would be reviewable in any case of law or equity by the shall be filed in the circuit court within two years from the date of the order supreme court, irrespective of the amount invo-lved, to the Supreme Court and not after. of the United States, but such appeal shall not vacate or suspend any order "Any carrier may, within thirty days from the service of an administra­ made by the circuit court in the premises during the pendency of t.he appeal. tive order upon it, begin in the crrcuit court of the United States for the "The copies of schedules and tariffs of rat~s. fares, and charges, and all district in wbich its principal O:{>erating office is situated, and if several car­ contracts, agreements, or arrangements between common carriers filed with riers join in such proceedings, m the district in which any one of them has the commission, as herein provided. and the statistics, tables, and figures con­ . its princiJ>al operating office, proceedings to review such order. Such pro­ tained in the annual re:porl$ of carriers made to the commission, as r equired ceedings shall be begun by filing in the circuit court a petition, which shall by the provisions of this act, shall be preserved as public records in the cus­ briefly state the matters embraced in such order and the particulars in which tody of the commission1 and shall bo receivable in evidence as prima facie it is alleged to be erroneous. If the order is made in a suit in which there is what they :purport to be for the DUrpose of investigations by the commission a complainant, the petition shall be served upon him like a bill in equity. In and in all JUdicial proceedings; and copies of or extracts from any of said every case the petitioner shall, immediately aft;er the filing of such petition sche~ules, tariffs, contr~ts, a.;.ureement.s, arrangements, or re:ports made in the circuit court, file with the Interstate Commerce Commission a copy (ff public records as aforesaid, certified by the secretary of thecomnnssion under the same. Its seal, shall be receivable in evidence with like effect as the original. "Upon the filing of such a petition, the clerk of such circuit court shall at •• Sections 15 and 16, as hereby amended. shall not apply t{) any proceedings once notify the commission that such a :Qetition has been filed, and the com­ now pending, but all such proceedings shall be conducted and disposed of as mission shall thereupon, within twenty days from the receipt of such n otice, if this act had not been passed; and the said sections are hereby continued in cause to be filed in such court a complete certified copy of all proceedings force as to such proceedings." had before it in said cause, which shall include the pleadings, the testimony, S:ec. -. That a new section be added to said act immediately after section and exhibits, together with the report and opinion of the commission and its 16, to be numbered as section 16a., as follows: . orders in the premises. If it is imnracticabletosend up a copy of any exhibit, "SEC. lOa. That after a recommendation, decision, order, or requirement the exhibit itself may be forwarded. has been made by the commission in a proceet!fng, aDy party thereto may at

XX~I.-59 930 CONGRESSIONAL RECORD-SENATE. JANUARY 23, any time make appJ.!cation for a rehearing of the Sl;Ull_e, 01: aJ?.Y n~;atter .deter­ I wish to say to the Senator from Colorado if he will listen to me mined therein, and It shall be lawful for the comrmssion, m Its diScrehon, to grant such rehearing if sufficient reason therefor be made to appear. Appli­ for a moment-- cations for rehearing shall be governed by such general rules as the commis­ M.r. TELLER. I will. . sion may establish. No such application shall excuse any carrier from com­ Mr. WHITE. Because! consider this particular subject of a plying with or obeying any decision, order, or requirement of thecommiss~on, great deal of importance-that while I am opposed, for reasons or operate in any manner to stay O"'f ~ostpone the enforcell?-en~ thereof, With­ out the special order of the commiSSion. In case a rehearmg IS granted, the which I have stated, to the entire scheme, while my objections proceedings there~pon shall conform as ne~rlr as may be to t~e pr_oceedings are so absolutely basic that I have no idea that the proposition in an original hearmg, except as the commiSSion may otherWISe direct.i and if in their judgment, after such rehearing and the consideration of all racts, will ever receive my vote in any of its forms, nevertheless, if it including those arising since the former hearing, it shall aJ?pear that the be true, as contended by the Senator from Colorado and no doubt original decision, order, or requirement is in any respect UDJust or unwar­ believed by him, that we intend to treat the people of the Philip­ ranted the commission may reverse, ohange, or modify the same accordtn~ly. pine Islands as we intend to treat the people of Cuba, let us make Any d~cision, order, or requirement made after such rehearing reversmg, changing or modifying the original determination may be reviewed and en­ a record which hereafter will not be evidence against the insist- forced in 'the same manner and with the same effect in all things as though ence of that intent. · made in an original J?roceeding." · For instance, we have declared our intention regarding Cuba. SEC. -. That section 20 of said act be amended so as to read as follows: "SEC. 20. That the commission is hereby authorized to require annual re· It is proposed by the resolution offered by ,the Senator from Geor­ ports from all common carriers subject to the provisions of this act, and gia that we shall declare. our intention regarding the Philippines. from the owners of all railroads which are used m interstate commerce as If we do not do that, it_will be considered that that proposition defined in this act; to prescribe the manner in which such reports shall be made, and to require from such carriers specific answers to all questions has been answered in _the negative. upon which the commission may need information. Such· annual reports Then the treaty itself declares that while ftle title to Cuba is shall show in detail the amount of capital stock issued, the amounts paid ·relinquished, that to the Philippines is ceded. I imagine that be­ therefor, and the manner of payment for the same; the dividends paid, the surplus fund, if any, and the number of stockholders; the funded and float­ fore accepting title_to anything, before we consider it as a relin­ ing debts and the interest paid thereon; the cost and value of the carrier's quishment or a cession, it is better· to know our actual desires, property, franchises, and equipments; the number of employees and the When the cession is completed, the grant absolutely mad~, the salaries paid each class; the amounts expended for improvements each year~ power entirely ~xercise4, _and this resolution tabled or laid aside how expended, and the character ~f such improvements; the earnings ~na receipts from each branch of busmess and from all sources; the operatmg or forgotten for the.time being, _then .the que~tion must.. be, how and other .expenses;-the balances of profit and loss; and a complete exhibit will we get rid of our invest:r,nent? It is J>etter ~deliberate. nqw of the financial operations of the carrier each year, including an annual bal­ ance sheet. Such reports shall also contain such information in relation to upon the disposition of this territory that future complications rates or regulations concerning fares or freights, or agreements, arrange- · may be avoided. The cession is not yet complete. The Senat-e menta, or contracts with other common carriers as the commission may re­ must act first. _ . _ quire; and the said commission may, within its discret.!on, for the p~rpo~e of enabling it the better to carry out the purposes of this act, prescnbe (1f in I am unwilling to leave this resolution to be passed on here~ the opinion of the commisosion it is practicable to prescribe such uniformity after, for I know it will be in the hands of some, whom I am per­ and methods of keeping accounts) a period of time within which all common sonally aware are antagonistic to anything save permanent x:e! carriers subject to the provisions of this act shall have, as near as may be, a tention. They will prevent its consideration at all, and I there­ uniform system of accounts, and the manner in which such accounts shall be kept. · ' · fore insist that if it is in good faith intended to treat Cuba and the "Said detailed reports shall contain all the required statistics for the Philippines alike, let the record so show. , . period of twelve months ending on the 30th day of J nne in each year, and shall I do not see either that the mere reference in the ninth article be made out under oath and filed with the commission, at its office in Wash­ ington, on or before the 30th day of September then next following, unless of the pending treaty to the native inhal;>itants of the territories additional time be granted in any case by the commission; and if any carrier, and the provision that Congress shall detel'J:Qine the citizen statuS person, or corporation subject to the :provisions of this section shall fail to interferes with my position. On the contrary, this recital presup­ make and file said annual reports within the time above specified, or within the time extended by the commission for making and filing the sarue, or shall poses that Congress will legislate with reference to these acquisi· fail to make specific answer to any question authorized by the :provisions of tions as though the cession were enduring. this section within thirty days from the time it is lawfully reqmred so to do, Mr. President, I have attempted briefly to give some of the rea­ such party shall forfeit to the United States the sum of $100 for each and ev·ery day it shall continue to be in default with respect thereto. sons which appear to me controlling against the making of this "Said forfeiture shall be recovered in the manner provided for the recovery treaty. I have not dwelt upon the threatened abandonment of of forfeitures under the provisions of this act. the Monroe doctrine, nor have I shown, as I might, the d~culties "The oath ·required by this section may be taken before any person au­ of colonial government in the Tropics. I find no embarrassment thorized to administer an oath by the laws of the State in which the same is taken." in solving the situation, bad as it is, upon lines heretofore indi­ The commission may in its discretion prescribe the forms of any and all cated. Spain and all other nations _can be warned off and local accounts to be kept by carriers subject to the provisions of this act, and this rule can be established. I see no want of dignity u~on the. part shall extend to the account of the movement of traffic as well as the receipt and expenditure of moneys. The commission shall at all times have access of the United States in insisting that as far as the Philippine to all accounts, defined as above, kept by carriers subject to this act, whether Islands are concerned they shall be treated as Cuba is treated. If kept in the form prescribed by the comlllli!sion or otherwise; and it may em­ it be said that we have our commissioners, I answer that we ploy special agents or examiners who shall have-authority, under the order of the commission, to inspect and ex.amine such accounts. This provision should act under our constitutional authority and to the best of shall apply to receivers of carriers and to operating trustees. our ability. That this does not imply discredit, but only implies Any such special a~ent or examiner ~ho divulges any fact or infm;ma~ion regardfulness of duty. . ' which may come to lus knowleqge durmg the cours~ ~f such examma~10n, These questions, I take it. must be determined from some other except in so f!J-r ~he may be directed .bY the commiSSion, shall. be. s~bJ~Ct, upon convictiOn many court of the Umted States of competent JUrisdiCtiOn, standpoint than that of individual preference. Those of us who to a fine of not more than $?,000 or imprisonment for a term not exceeding believe that a new, untried, and dangerous policy is about to be two years, or both. SEc. -. That all cases arising under the act entitled "An act to regulate inaugurated can not find any answer in the assertion that we have commerce," approved February 4,1887, and-the amendments t~ereto, now appropriated other and more congenial territory, areas fitted for pending in any court, and the apJ:!eals or writs of error therem, shall be civilization and easy of access and free from a dangerous and heard and determined as now proVIded by law, and nothing herein shall affect the jurisdiction of any court to hear and determine such pending cases; but permanently nonassimilative population. Never before did we the provisions of this act, so far as they relate thereto, shall apply to all seek a distant sea and an Oriental land, tenanted by millions who proceedings now pending before the commission. are not of us and who deny our authority. I am not attracted by the colonial experiences of the world. The PRESIDENT pro tempore. The amendment offered by Spain herself believed in expansion. Imperialism brought her the Senator from New Hampshire will be received and printed. down. Mr. CHANDLER. I ask that the bill may be temporarily laid Mr. President, in these days when military power and splendor en­ aside, in order that the Senator from California may finish his gross so much attention, at this time when all over the world are renaarks. . repeated the stories of American valor, now when the youth, in The PRESIDENT pro tempore. The Senator from New Hamp­ gratification of his ambition, turns with aspiring eye to the tented shire asks unanimous consent that the unfi-nished business may field, when the soldier and the sailor rejoice in their great accom­ be temporarily laid aside to permit the Senator from California to plishments, it is well for us to look back-to reflect. Have we conclude his speech. Is there objection? The Chair hears none, been suddenly inspired? The fathers of the Republic had studied and the Benator from California will proceed. the history of mankind. They read from the standpoint of threat­ ACQUISITION OF TERRITORY, ened liberty. They deliberated from the vantage ground of disin­ terested honesty. They fought, too, in vindication of their opin­ Mr. WHITE. Mr. President, if the Senator from Colorado had ions. Their life terms were not less than those of this generation. heard the remarks that I made earlier in my speech, he would Greater men have not been here. These statesmen were well have noted that I was not particularly discussing the aspect of p\emental thereto, be, and the same are hereby, extended to the Harwaiian Islands. Executive nominations confirmed by the Senate January 21, 1899. The SPEAKER. Is there objection to the present co~ideration APPOINTMENTS IN THE VOLUNTl!;ER ARMY, of the bill? First Regiment Volunteer Engineers. · Mr. KNOX. Mr. Speaker, I object, as that matter is provided Lieut. Col. Harry F. Hodges, to be colonel. for in a general bill relating to Hawaii. Maj. JohnS. Sewell, to be lieutenant-colonel. Capt. William G. Ramsay, to be major. QUESTION OF PERSONAL PRIVILEGE. First Lieut. Henry C. Wilson, to be captian. Mr. BROSIUS. Mr. Speaker, I rise to a question of privilege, ~econd Lieut. Chauncey Eldredge, to be first lieutenant. and ask the Clerk to read the paragraph which I send to the desk, Sergt. Maj. Justin Burns, to be second lieutenant. The Clerk 1·ead as follows: Executive nominations confirmed by the Senate Janua1-y 28, 1899. SLEEPY MEllrnER OF CONGRESS. COLLECTOR OF CUSTOMS. BROSIUS of Pennsylvania, apparently earns his salary easier than any other member of Congress. He rarely leaves the Hall of the House during William J. Grant, of New York, to be collector of customs for its sessions, but this is because he is asleep a great deal of the time. He slides down in his chair and assumes a comfortable position, and then takes the district of Cape Vincent, in the State of New York. a nap of two or three hours' duration. The noisy debate does not seem to CIRCUIT JUDGE. disturb him, but he slumbers on, oblivious of what is going on about him.­ Washington Letter, Oommel·cial, Toledo, Ohio, January 15, 1899. PeterS. Grosscup, of Illinois, to be United States circuit judge Mr. BROSIUS. Mr. Speaker, I think I am not unduly sensitive for the Seventh judicial circuit. in regard to reflections in the public prints, and if this were an POSTMASTERS, ordinary disparaging remark it would be of no earthly consequence; John W. Breathitt, to be postmaster at Hopkinsville1 in the but it is not only disparaging, it is incriminating. It not only in­ county of Christian and State of Kentucky. volves the mind, but the morals as well. If it is true, I ought not to Charles R. Landrum, to be postmaster at Mount Vernon, in the be here; if my constituents believed it, they would not and ought county of Lawrence and State of Missouri. . not to send me here. It implies total insensibility to the obliga~ William H. Parker, to be postmaster at Onancock, in the county tiona of duty as well as of propriety of conduct in this House; and of Accomac and State of Virginia. it is calculated to injure, if the bad pen of a bad man can ever Miles M. J. Williams, to be poRtmaster at Eminence, in the harm anyone. And that it may be identified in the future, wher~ county of Henry and State of Kentucky. ever it may appear, I here and now brand it a baseless falsehood, Frank H. Bristow, to be postmaster at Elkton, in the county of a cowardly and brutal calumny. . Todd and State of Kentucky. You will remember that since the time of the tong Parliament RichardT. Beckett, to be postmaster at Clayton, in the county it has been regarded as more or less scandalous for members of de­ of Gloucester and State of New Jersey. liberative bodies to sleep in their seats while business was in William T. Coulson, to be postmaster at Port Deposit, in the progress. It will be remembered that in that celebrated Parlia­ county of Cecil and State of Maryland. menta member moved that such scandalous members as slept in J. Eugene Lewis, to be postmaster at Winthrop, in the county their seats when business is in progress should be put out. Later, of Kennebec and State of Maine. showing the disesteem in which Parliament held sleeping mem­ Marcus Mitchell, to be postmaster at East Orange, in the county bers, an honorable lord, voicing the sense of the scandalous con­ of Essex and State of New Jersey. duct of such members, in the midst of a speech exclaimed, refer­ Adam Kandle, to be postmaster at Elmer, in the county of ring to another noble lord, "Even in the midst of these perils the Salem and State of New Jersey. noble lord is asleep." · Albert M. Bradshaw, to be postmaster at Lakewood, in the Now, my observation is that the men who are employed as cor­ county of Ocean and State of New Jersey. respondents of the newspape1·s of the country from this House are, • 1899~ CONGRESSIONAL RECORD-HOUSE. 933

as a rule, conspicuously able, honest, fair, and generous; and it signal at a point north of the bell buoy near the broken part of bas been my singularly good fortune to have received uniformly the Pollock Rip Shoals on the coast of Massachusetts; at their hands not only conspicuous fairness, but more than gen- S. 2944. An act providing for the construction of a light-ship to erous kindness. But I find, Mr. Speaker, that there are two classes be located near Cape Elizabeth, Maine. ofcorrespondents. Oneofthemconsistsofthehonorablemembers The message also announced that the Senate had passed with of that noble guild; the other consists of the dastard who penned amendments bills of the following titles in which the concur­ the lines which have just been read by the Clerk. It is easily renee of the Honse was requested: seen that employment of that kind enjoys th~ obvious advantage H. R. 10316~ An act for the relief of Georgie Smiley; and of requiring neither genius nor knowledge, neither industry nor H. R. 5887. An act for the prevention of smoke in the District brightness, to prosecute it. There are those who eke out a pre- of Columbia, and for other purposes. ' carious livelihood by bearing false witness against a brother, and The message also announced that the Senate had passed bills of this man may dishonor a noble profession with his pen. He has the following titles; in which the concurrence of the Housa was done so in this instance. The qualification that he requires con- requested: sists only of insensibility to truth and contempt of shame, and S. 5265. An act granting to the Clearwater Railroad Company these qualifications can be quickly acquired by a short apprentice- a right of way through the Nez Perces Indian lands in Idaho; shiptothefatherofliesandabriefnovitiateinthestudyofvillainy. S. 5126. An act to authorize the St. Louis, Siloam and South- ! do not think, Mr. Speaker, that this man had any malice ern Railroad Company, of Missouri and Arkansas, to construct a against me. The paragraph seems to indicate that, for he lied bridge across White River in the State of Arkansas; without anydiscrimination; he liedinmyfavoras well as against S. 4708. An act to extend the privilege of immediate transpor- me, for he gave me credit for being constantly in my seat. He tation to the port of Astoria, Oreg.; did not seem to be aware of my forced absence from my seat dur- S. 5176. An act .to authorize the erection of a public building ing a considerable part of the last session, and my attendance has in the county of Beaver, Pa.; · been intermittent during this session, frequently on account of S. 3119. An act for the relief of Mary A. Swift; the state of my heal~ So that if his wickedness was general, his S. 4110. An act to amend the act entitled "An act to provide for malice is quite mistaken. and it fell in this instance upon me by the location and satisfaction of outstanding military bounty land the merest accident, and illustrates, Mr. Speaker, the caprice of warrants and certificates of location under section 3 of the act chance, that his wild firing of this blunderbuss of lies happened to approved J nne 2, 1858;" strike one who not only for the last ten months could not, if he S. 5027. An act to correct the relatiYe rank of Richard B. Steed- would, have slept in his seat in this Chamber, but who has not man, captain, Eleventh Infantry, United Stat.es Army; been able in that time to sleep in his bed, where all the surround- S. 4792. An act to amend the act entitled "An act to incorporate ings woo to slumber, but a small fraction of the hours that nature the Maritime Canal Company of Nicaragua," approved February allots to that sweet, restoring function. 20, 1889, and to aid in the construction of the Nicaragua Canal; Ihavesaidenough, Mr. Speaker. lfldesiredformotivesofp~b- and lie good to admonish this individual in the future not to take up . S. 5047 . .A.n act to revive, reenact, and amend an act to author­ his pen except in veracious intervals, however infrequently they ize the construction of a bridge across the Missouri River at or near may occur;if I desired to incase him in a frame that would exhibit the city of Lexington, Mo. his character for picturesque lying in suitable impressiveness, I ROBERT w. DOWDY. would borrow the verbal .setting employed by another, under like provocation to characterize a similar moral delinquency, and say, :Mr. DINSMORE. Mr. Speaker, I ask unanimous consent for that if this individual had been born a beast, he would have been the immediate consideration of the bill (H. R. 11036) to restore a panther; if he had been born a bird, be would have been a buz- Capt. Robert W. Dowdy to the active list of the Army. zard; if a fish, he would have been a mud cat; if a reptile, he would The Clerk read the bill, as follows: have been a lizzard; if an insect, he would have been a bedbug, Be it enacted., etc.• That the President be, and he is hereby, authorized and but being born of the human species, he could only be a vicious directed to restore Robert W. Dowdy to the active list of the Armi ot the liar. [Laughter and applause.] ~~t:~ts~!e~s;.~;~cl~he same rank and relative position he would hod if he

MESSAGE FROM THE SENATE. Mr. DINSMORE. Mr. Speaker, the report shows-and I know A message from the Senate, by Mr. PLATT, one of its clerks, an- it to be a fact, and the chairman of the .committee is entirely nounced that the Senate had passed without amendment bills of familiar with the bill-that this bill has had no opposition from the following titles: any quarter whatever, and I assure the House that I believe every H. R. 637. An act for the benefit of J. C. Rudd; member here would take peculiar pleasure in voting for it. This H. R. 7561. An act to correct the military record of William P. man was a first lieutenant in the Army and was ordered up for Brassington; examination. H. R. 3790. An act to remove the charge of desertion against Mr. SIMPSON. Had we not better have the bill read? John Willoughby; Mr. DINSMORE. The bill has been read. H. R. 10666. An act authorizing the Secretary of the Interior to Mr. BAILEY. As I ufiderstand, it is simply to take a retired permit the use of the buildings on the Fort Supply Military Res- officer from the retired list and put him back into the active ervation by Oklahoma Territory for an insane asylum; service. H. R. 9955. An act to transfer the county of Menard, in the Mr. DINSMORE. Certainly. He was retired because he failed State of Texas, from the western district of Texas to the northern in his physical examination: but after the examination he went district of Texas, and for other purposes; through the campaign in Cuba. The report of the examining H. R. 11019. An act to authorize the construction of a bridge board not having been made, and not having received the order of across the Savannah River from the mainland of Chatham County, retirement, he went into the Cl).mpaign and was actively engaged Ga., to Hutchinsons Island, in said county; every day: he did not lose a day; endured all its hardships and H. R. 581 . An act for the relief of Oliver C. Bosbyshell, late fatigue, and came out in better condition than he went in, and his superintendent United States mint at Philadelphia, Pa.; restoration is recommended by the board that rGtired him and by H. R. 11716. An act making appropriations to supply urgent everybody in the War Department, and I think it would commend deficiencies in the appropriations for the fiscal year ending June itself to every gentleman here. General WHEELER and General 30, 1899; and Chaffee have written letters for him. H. R. 11029. An act to change and fix the time for holding the Mr. DOCKERY. What is his age? district and circuit courts of the Umted States for the northern Mr. DINSMORE. I do not know, but about 40. division of the eastern district of Tennessee. Mr. BAILEY. I am always opposed to taking men from the The message also announced that the Senate had agreed to the active list and putting them on the retired list, but I am in favor amendments of the House to bills of the following titles: of taking them from the retired list and putting them on the ac- S. 1454. An act granting an incr~se of pension to Mary tive list. Sprague; Mr. DINSMORE. I am making a good soldier. S. 2555. An act granting a pension to Hattie E. Gusler; Mr. BAILEY. I am in favor of that. S. 3693. An act granting an increase of pension to Leah L. Price; Mr. HULL. If this man withstood the campaign in Santiago, S. 3705. An act granting a pension to Catherine Childers; it is the best evidence in the world that his physical condition did S. 4547. An act granting a pension to Eli M. Couch; not justify his retirement. I think the board confesses that it S. 508. An act granting an increase of pension to John H. San- made a mistake. born; Mr. DINSMORE. Mr. Speaker, I call for the reading of the S. 3441. An act to authorize the Secretary of War to remove report. the charge of desertion and issue to Lewis C. L. Smith, Company The report (by Mr. McDONALD) was read, as follows: D, First Delaware Infantry Volunteers, an honorable discharge; The Committee on Milit.ary Affairs, to whom was referred the bill (H. R. S. 626. An act for the establishment of a light-house and fog 11036) entitled "A bill to restore Capt. Robert W. Dowdy to the active list of • 934 CONGRESSIONAL RECORD-HOUSE. JANUARY 23, the Army," beg leave to submit the following report, and recommend that print some remarks. I do not assert that to be a fact, but it seems said bill do pass. This is a bill enacting that Robert W. Dowdy (retired), of the United States to me we ought not to take judgment against him without giving Army, be restored to the active list of the Army of the United States with him a hearing. · the same rank he would hold if he had not been retired. About the time of the Mr. SIMPSON. It is my recollection that the gentleman from beginning of hostilities between the United States and the Government of Spain, Mr. Dowdy, then a first lieutenant, was ordered to an examination for Michigan later did ask and obtain consent to extend his remarks promotion to the rank of captain. He passed his mental and professional ex­ in the RECORD. I do not make that statement positively, but I amination successfully, and went with his command to the island of Cuba think it is the fact. and was an active participant in the military operations under General Shafter. Shortly before the close of the Santiago campaign, Lieutenant Mr. RICHARDSON. Certainly it can do no harm to give the Dowdy was advised that he had been ordered to retirement with the rank of gentleman from Michigan a . hearing before taking judgment captain, he having been found physically deficient by the medical board against him. before which ho was examined. The committee find from the evidence submitted that this bill has the Mr. LOUD. The only objection to the proposition to allow this support and approval of the War Department and of a majority of the med­ matter to go over is that to-day, under the order of the Honse, is ical board that reported this officer physically disqualified for the service. to be devoted to District of Columbia business, and to-morroww_e General Wheeler, General Chaffee and his regimental officers, his regimental enter upon the consideration of the Army bill, so that it is a ques­ commander and surgeon,~. have testified that he performed evAry duty as a. soldier and officer in the Mntiago campaign, bearing all its hardships, fatigue, tion whether, if the matter is not disposed of now, the permanent ~~~·~;~~~t~:hout flagging or a day's sickness, and cordially recommen~ RECORD may not be printed before the opportunity occurs to make this correction. If the matter could be referred to the Committee When the medical board have expressed their conviction of their error in the retirement of this officer, and in view of the evidence of his deportment on Printing, I should be perfectly willing that it be held up. · and efficiency as a soldier in a hard campaign, your committee believe that Mr. DOCKERY. That is a good suggestion. Let the whole he should be restored to the active list in accordance with the provisions of matter go to the Committee on Printing. the bill. · The SPEAKER. Is there objer.tion to the "(>roposition of the The SPEAKER. Is there objection to the present consideration gentleman from California, that this matter be referred to the of the bill? [After a pause.] The Chair hears none. Commi.ttee on Printing? The bill was ordered to be engrossed and read a third time; and Mr. PERKINS. If there is no dispute about the facts-- accordingly it was read the third time, and passed. M.r. GREENE of Nebraska. There seems to be some dispute On motion of Mr. DINSMORE, a motion to reconsider the vote about them. whereby the bill was passed was laid on the table. Mr. PERKINS. Then I have no objection. Mr. DOCKERY. Let the committee settle the matter. A QUESTION OF PRIVILEGE. The SPEAKER. The Chair hears no objection to referring the Mr. LOUD. Mr. Speaker, I desire to make a correction. On matter to the Committee on Printing, and it will be so referred. : last Friday mornjng, the time the Post-Office appropriation bill WEIGH.MASTERS IN THE DISTRICT OF COLUMBIA. was under consideration, the gentleman from Michigan, Mr. ToDD, said: Mr. CURTIS of Iowa. This being the day set apart for busi­ ness of the Committee on the District of Columbia, I call up for Mr. Speaker, I ask unanimous consent­ consideration the bill (H. R. 8626) to punish the impersonation Then the Speaker said: · of weighmasters in the District of Columbia, and for other pur­ This is done by consent of the Honse. poses. Then Mr. TODD is reported as saying: The bill was read, as follows: Be it enacted, etc., That it shall be unlawful for any person to falsely rep­ I ask unanimous consent that my amendment may be considered, and de­ resent himself or herself as being a weighmaster of hay, straw, fodder, or sil.·e to call attention to what appears to me a monstrous fraud upon the people. corn, or to make, give, or issue any certificate of the quantity of hay, straw, fodder, or corn weighed in the District of Columbia. . Farther·down on page 949 occurs what the Speaker said: SEC. 2. That hereafter it shall be unlawful to sell corn in the District of The gentleman asks unanimous consent for the consideration of his amend- Columbia except by weight; and 350 :pounds of corn on the cob shall consti­ ment. Is there objection? tute a barrel and 280 pounds of shellea corn shall constitute a barrel. Mr. LoUD. I call for the regular order. The amendments reported by the committee were read, and The SPNAKER. Objection is made. agreed to, as follows: Notwithstanding the gentleman from Michigan asked consent Section 2, line 1, strike out the words "it shall be unlawful to sell corn." to offer this amendment and some suggestions, it was refused by Section 2, line 2. strike out aft.er the word" Columbia" the words "except the House. The gentleman has taken advantage of the condition by weight; and." which members of the House can take to inject his remarks into The bill as amended was ordered to be engrossed and read a the RECORD. While I never object seriously to gentlemen amend­ third time; and it was accordingly read the third time, and passed. ing their remarks in what manner they may deem proper, I think the House should prevent the injection into the RECORD of such UNSAFE BUILDINGS IN THE DISTRICT OF COLUMBIA. matter as has been refused. Now, Mr. Speaker, I move to strike Mr. CURTIS of Iowa. I call up the bill (H. R. 11024) to author­ from the RECORD all after the word "people," in the third line of ize the Commissioners of the District of Columbia to remove dan­ the gentleman's remarks on page 948, down to the words "The gerous or unsafe buildings and parts thereof, and for other Speaker,'~ on page 949. It is apparent by the stenographer's notes purposes. that nothing that appears here ever was spoken on the floor of the The bill was read, as follows: House, and, on the contrary, he asked permission and it was Be it enacted, etc., That if in the District of Columbia any building or part refused. of a. building, staging, or other structure, or anything attached to or con-· Mr. BRUCKER. I would like to ask the gentleman from Cali­ nected with any building or other structure, shall, from any cause, be re­ ported unsafe, the inspector of buildings shall examine such structure, and fornia a question. 1f, in his opinion, the same be unsafe, he shall immediately notify the owner, The SPEAKER. Does the gentleman from California yield to agent, or other verson having an interest in said structure to cause the same the gentleman from Michigan? to be made safe and secure, or that the same be removed, as may be neces­ Mr. LOUD. Yes. sary. The person or persons so notified shall be allowed untill2 o'clock noon of the day following the service of such notice in which to commence the se­ Mr. BRUCKER. Inasmuch as my colleague [Mr. ToDD] is ab­ curing or removal of the ::~ame; and he or they shall employ sufficient labor sent, I would ask the gentleman from California to withhold his to remove or secure the said building as expeditiously as can be done: Pro­ motion to correct the RECORD until he is present and given the vided, howeve1·, That in a case where the public safety requires immediate action the inspect-or of buildings may enter upon the premises, with such opportunity to make an explanation, if he so desires. workmen and assistants as may be necessary, and cause the said unsafe M.r. LOUD. If there was any possible question as to whether structure to be shored up, taken down, or otherwi<>e secured without delay, those words, or similar words, had been uttered on the floor of and a proper fence or boarding to be put up for the protection of passers·by. SEC. 2. That when the public safety does not, in the judgment of the in­ the Houee, I would readily consent; but there is nothing of that spector of buildings, demand immediate action, if the owner, agent, or other character at stake at ali. The gentleman asked permission, which party interested in said unsafe structure, having been notifl.edt ~hall refuse was refused, and yet he puts the remarks in. or neglect to comply with the requirements of said notice witnin t.Le time specified, then a careful survey of the premises shall be made by three dis­ Mr. BRUCKER. I will say to the gentleman from California interested persons, one to be appointed by the Commissioners of the District that I have no personal recollection of the matter to which he calls of Columbia, one by the owner or other person interested, and the third to the attention of the House, as I have not examined the RECORD in be chosen by these two, and the report of said survey shall be reduced to writing, and a copy served upon the owner or other interested party; and if reference thereto; therefore I am entirely ignorant as to whether said owner or other interested party refuse or neglect to appoint a member or not the contention of the gentleman from California is abso­ of said board of survey within the time specified in said notice, then the sur­ lutely correct. I therefore ask, as a matter of courtesy to my vey shall be made by the inspector of buildings and the person chosen by the Commissioners, and in case of disagreement they shall choose a thil.·d persou, colleague, that the motion to correct the RECORD may be withheld and the determination of a majority of the three so chosen shall be final. until he shall be present and have an opportunity to offer an ex­ SEO. 3. That whenever the report of any such survey shall declare the planation. structure to be unsafe, and the owner or other interested person shall for three days neglect or refuse to cause such structure to be taken down or :Mr. RICHARDSON. I think the gentleman from California otherwise to be made safe, the inspector of buildinp;s shall proceed to make ought to assent to this proposition, because it has been suggested such structure safe or remove the same, and the said inspector shR.ll report that' the gentleman from Michigan obtained consent afterwards to the cost and expense of said work to the Commissioners of said District, who 1899. CONGRESSIONAL RECORD-·· HOUSE. 935

shall assess the amount thereof upon the lot of ground whereon such structure The bill was read, as follows: stands or stood, and unless the said assessment is paid within ninety days from the service of notice thereof on the agent or owner of such property, Be i t enactedl etc., That from and after the date of the approval of this the same shall bear interest at the rate of 10 per cent per annum from the act no ~mbusttble or nonfireproof building inten.ded to b.e u~d or oecupied date of such assessment until paid, and shall be collected as general taxes are as a residence or as an apartment house or hotelm the DlStrtct of Columbia collected in said District; but said assessment shall be without prejudice to shall. be erected to a height _of more than five stories or raised to a height ex­ the right which the owner may have to recover from any lessee or other ceedmg 60 feet above the stdewalk, the mea-surement to be made as herein­ person liable for repairs. after prescribed. SEC. 4:. That the existence on any uninclosed lot or parcel of land in the SEc. 2. That buildings intended for business purposes solely may be city of Washington, or its more densely populated suburbs, of any uncovered erected to a height of 75 feet without being of fireproof construction. we11 , cistern, dangerous hole, or excavation is hereby declared a nuisance SEc. 3. That all buildings. except churches, hereafter erected or altered to dangerous to life and limb, and any person owning a lot or parcel of land in·said exceed 75 feet in height shall be fireproof or noncombustible and of such ma­ city or said suburbs on which such a nuisance exists who shall neglect or re· te~ials throughout as may be prescribed by the Commissioners of the Dis­ fuse to abate the same to the satisfaction of the Commissioners of the District triCt of Columbia. Churches must be of fireproof construction up to and in­ of-Columbia, after five days' notice from them to do so, shall, on conviction cluding the ma.i.n or auditorium floor. in the police court, be punished by a fine not exceeding SID for each and every SEc. 4:. That no building shall be erected or.altered on any street in the day he or she fails to comply with such notice. And in case the owner of any District of Columbia to exceed in height above the sidewalk the width of the uninclosed lot or parcel of land in the city of Washington or its more densely street in its front, and in no case shaJ..l a building exceed 90 feet in height on populated suburbs on which there exists an open well, cistern, dangerous a residence street nor 110 feet on a business street, as designated by schedule hole, or excavation be a nonresident of the District of Columbia, then, after approved by t.be Commissioners of .the District of Columbia, except on busi­ public notice by said Commissioners, given at least twice a week for one week ness streets and business avenues l60feet wide__,. where a height not exceeding in one newspapr published in the city of Washington,.by advertisement, de­ 130 feet maybe allowed. The height of builaings on ·corner lots shall in all scribing the property, specifying the nuisance to be abated, then if such nui­ cases be regulated by the limitations governing on the broader street: Pro­ sance shall not be abated within one week after the expiration of such notice, vided, That spires, towers, and domes may be erected to a greater height said Commissioners may cause the lot or parcel of land on which the nuisance than the limit herein prescribed, when approved by the Commissioners of exists to be secured by fences or otherwise inclosed, and the cost and expense the District of Columbia. thereof shall be assessed by said Commissioners as a tax against the property SEc. 5. That no wooden or frame building hereafter erected or altered and on which such nuisance exists, and the tax so assessed shall bear interl:'st at intended to be used for human habitations shall exceed in height three stories, the rate of 10 per cent per annum until paid, and shall be carried on the regu­ or 40 feet to the roof. . · lar tax rolls of said District and be collected in the manner provided for the SEo. 6. That the height of all buildings shall be measured from the level of collection of general taxes. the sidewalk opposite the middle of the front of the building to the highest point of the roof; if the building has more than one front, the measurement Mr. CURTIS of Iowa. I call for a vote. shall be made upon the ft·ont facing the street of steepest grade. No parapet· wall shall extend above the limit of height. . · Mr. DOCKERY. Is there not now a law providing for the per­ SEo. 7. That the limitations of height herein prescribed shall not apply to formance of exactly the duties prescribed in this bill? · Federal or municipal buildings. · Mr. CURTIS of Iowa. I think not. This bill was prepared by SEo. 8. That Congress reserves the right to alter, amend, or repeal this act. the Commissioners of the District of Columbia and introduced at The Committee on the District of Columbia recommended the their request. They have submitted a letter strongly urging adoption of the following amendment: favorable action on the matter. In that letter they say: · Page 2, line 18, strike out the period and insert in lieu thereof a colon, and The lack of the legislation proposed in this bill has been the cause of much add the following: . · embarrassment to the Comnussioners in their endeavors to provide for th'3 "Provided further, That on streets less than 90 feet wide, where building general safety. Many cases have come to their attention where defective lines have been established so as to be a matter of public record and so as to ]>nilqings a~d unprotected ~ells, cisterns, and depressions have existed, to the preventthe lawful erection of any building in advance of said lines, the width unmment rlSk of the public, and demanded prompt and peremptory action of the street, in so far as it controls the height of buildings under this law, on the part of the authorities. may be held to be the distance between said building lines." The bill was ordered to be engrossed and read a third time; and The amendment recommended by the committ-ee was agreed to. it was accordingly read the third time, and passed. The bill as amended was ordered to be engrossed and read a third time; and it was accordingly read the third time, and passed. AMERICAN SOCIAL SCIENCE ASSOCIATION. Mr. CURTIS of Iowa. I call up the bill (S. 4316) to incorporate RECONSIDERATION. the American Social Science Association. Mr. CURTIS of Iowa. Mr. Speaker, I move to reconsider the The bill was read, as follows: several votes which have been taken upon these bills, and move to Be it enacted, etc., That Daniel C. Gilman. Carroll D. Wri~ht. Andrew D. lay that motion upon the table. White, Dorman B. Eaton, James B. Angell, William T. HarrlS, Frederick J. The latter motion was agreed to. Kingsbury, Oscar S. Straus, Francis Wayland, St. Clair McKelwar. Simeon REPRINT OF AR'.ru' BU.L. E. Bald win, and their associates, members of the voluntary association organ- Jll ~ ized in 1855 and known as the American Social SciencoAssociation, and their Mr CURTIS of Iowa I yield a mo ent to th tl fr successors, are hereby constituted a corporation by that name, in the District • · m 6 gen eman om of Columbia, for the nurpose of promoting studies and researches in social Iowa, my colleague, Mr. HuLL. sciencein thevariousdepartmentsin whichsaidassociationisorsaidcorpora.- · Mr. HULL. .Mr. Speaker, when the reprint of the Army bill tion may be organized. and report was ordered by the House on Friday, it was also or- SEa. 2. That this act shall take effect upon its acceptance by said voluntary dared that the extra copies should be placed to the credt"t of mem­ a&sociation at its next regular annual session. SEc. 3. That the right to alter, amend, or repeal this act at any time is b.ers in the folding room. · For some cause, which has not been hereby expressly reserved. satisfactorily explained, they have been placed in the document Mr. ~UDD. Mt:. Speaker, I apprehend that this bill requires room and are being carried off by members in such numbers as no spee1al explanation. · A number of well--known gentlemen, who they desire, as I am informed. devote a great portion of their time to the investigation of scien- I wish.to insist that the order of the House shall be enforced so tific and economic subjects, desire to be incorporated under the that aU members may have their quota of these bills, and that the designation given in this bill. They now have a voluntary asso- bill and report be placed in the folding room, so that each member ciation for the same purposes, and they ·think they could more can have his share of both. . effectually promote the objects of their association by being in- Mr. BAILEY. If the gentleman will permit me, I would ask corporated. This bill has l'assed the Senate unanimously, and what excuse is made by the people in charge of this matter for was reported without opposition from our committee. I ask that this plain disobedience not only of the wish, but of the express it be put on its passage. order of the Honse. . The bill was ordered to a third reading, read the third time, and Mr. HULL. I have not been able to investigate the question of passed. excuses at all, but simply 1·eport to the House that its order in SAFETY BRAKES, CAPITAL RAILWAY COMPANY. this regard, has not been obeyed. ' - Mr. CURTIS of Iowa. Mr. Speaker, I desire to ask considera- I make this suggestion on the complaint of members to me that tion of the bill (H. R. 11159) to require the Capital Railway Com- they can not obtain copies of the bill from the folding room and pany to equip its cars with safety brakes. it is impossible to procure them in the document room. ' The bill was read, as follows: Mr. BAILEY. All I have to say is that this order for the re- Be i t enacted, etc., That the Capital Railway Company is hereby required print of the b~ll and report was made !Jecause the bill and report to equip all its cars with the Christensen air brake within twelve mouths were not available to members, and It was specifically ordered from the passage of this bill, nuder penalty of a fine of $25 a day for each car that they should be placed in the folding room to the credit of operated thereafter without the said brakes. · members. The Committee on the District of Columbia recommend the Mr. HULL. And I have called attention to t he fact that by adoption of the following amendment: some reason or for some reason this order has not been obeyed. · Strike out, in line 4, the words " the Christensen" and insert in vla.ce Mr. BERRY. Many of the members who wanted a few copies thereof" a safety;" and after t.he word "brake," in the same line, insert have been unable to obtain even one, while others have more than the words "to be approved by the Commissioners of the District of a hundred. COlumbia." . · Theamend.mentsrecommended bythecommitteewereagreed to. Mr. BARTLETT. I ~ant to say, Mr. Speaker, that I myself The bill as amended was ordered to be engrossed and read the was one of those appeahng to the gentleman from Iowa in this third time; and it was accordingly read the third time, and passed. regard. I have tried at the folding room to secure the bill andre­ port, because of r~quests of the people of my district, but without HEIGHT OF BUU.DINGS, DISTRICT OF COLUMBIA.. success· and I des1re to say that I have not been able to obtain one, . Mr. 9URTIS ?f Iowa. Mr. Speaker, I call up fo~ present con- and finding"llone to my credit, and the statement being made by ~1der~t10n th~ b~l (H. R. 1102~) to regulate the height of build- one of the employees in the folding room that they were placed in 1ngs 1n the District of Columbia. I the document room because of the" great demand for them," I 936 CONGRESSIONAL RECORD-HOUSE. JANUARY 23, thought it proper to make the suggestion I did to the gentleman The bill was read, as follows: from Iowa. That was the only reason given to me for the change Be it enacte~. etc., That hereafter proceedings for admission to the Gov­ in the order of the House. er_nm!:lnt Hospital ~or the In;;ane of indigent insane persons residing in the Mr. BAILEY. Certainly the executive officers in charge of this District of Columbia, and of rndependent or pay patients admitted to the said hospital :un~er section 48M of the ~vised. Statutes of the United States, and matter should see to it that the orders of the House are carried for ad~on ~m~rl!-rily to said hospJ.tal of nonresident insane persons out. There must be some reason, and some good reason, for the found m the satd District, shall be commenced by petition presented in open court 1:o the justice of the supreme court of the District of Columbia holding disobedience of the order, and I for one should like to know what a SP!lci!Ll term.for orphans' court business, stating the facts necessary to it is. admissiOn to smd hospital as heretofore provided by law. Mr. HULL. Well, we ordered an extra. edition of 3,000 copies, SEC. 2. That such petition shall be signed and sworn to by some responsible to be placed to the-order of the various members in the folding resident of the District of Co1umbi.a., but shall not be filed until the court shall be sn~isfied as to the responsibility and residence of the person signing room. I simply call the attention of the Bouse to the matter, so and swea.rrng to the same. that the order can be complied with. SE_c. 3. 'l'ha.t the order of the court directing the fllin~ of the petition shall Mr. MAGUIRE. But, as I understand the gentleman from requll'e a copy thereof to be served on the alleged lunatic and another on the Commissioners of the District of Columbia. and shall fix a tim.e for the h ear­ Iowa, there are no copies left to be distributed anywhere, either in ing of the application, and a copy of such order duly authenticated, shall be the folding room or the document room. The reprint seems to inscribed on each of the said copies before semce1 thereof. have been exhausted. SEC. 4. That so soon as may be after the filing of the petition the court sha~ appoint two hysicians to be paid a per a limited number, I believe, have been sent out, so far, from the diem compensation of $10 by the District of Columbia, on the certificate of the court that his account for such se1·vice is just and correct and other Printing Office. witnesses examined on such application shall be paid by the District the fees The SPEAKER pro tempore [Mr. PAYNE]. The attention of and allowances prescribed by law for witnesses summoned in behalf of the the executive officers of the House having been called to this mat­ U~ited Sta~s; and a~ other costs o~ the proceeding shall b~ paid by the Dis­ trict: PrC?vided-.. That m the case of rndepe_ndent or pay patients the petition ter, the Chair has no donbt that the number printed will be placed shall be signed oy one of the nearest relatives of such insane person by his at the disposal of mem1lers in obedience of the order of the House. legal guardian. or by some friend. All costs of the proceeding shali be de­ fraye? out of the estate of such person, and a deposit shall be paid into court REMOVAL OF WEEDS, ETC., IN THE CITY OF WASHINGTON. suffiCient to cover such costs~ and the request for admission to said hospital shall be made within five days after the entry of the order of court. Mr. CURTIS of Iowa. ·Mr. 5peaker, I call up for present con­ SEc. 5.. That the court. sha:ll require the presence of tp.e alleged lunatic a.t sideration the bill (H. R. 11570) to cause the removal of weeds the hearing of the application, unless for good reason 1.t shall direct other­ wise by an order stating such reason. from lands in the city of Washington, D. C., and for other purposes. SEC. 6. That the order of the court on the hearing of the application on The bill was read. as follows: . the petition an~ evidence shall be made without an inquisition by jury, and Be it enacted, etc., That it shall be the duty of the owner. occupant, or all the proceedings under the petition shall bo entered in the minutes of the o.gent in charge of any land in the city of Washington, D. C., or in the more court. densely populated suburbs of said city to remove from such land any weeds SEC. 7. That it shall be the duty of the Commissioners of the District ot thereon of 4 or more inches in height within seven days- (Sundays and Columbia, so soon as practicable, to return to their places of residenoo or to legal holidays excepted) after notice from the hea.lth officer of said Dis'trict t!leir friend.s all in_?igent insane persons n?t r~iding in the District at the so to do, and upon failure to comply with such notice he or she shall on con­ time they became msane who are now detarned rn the Government Hospital viction thereof be ~unished by a fine of not more than $10 for each day said for.the Insane, or who sha!l be ~mmi~ to the said hospital to be tempo­ notice is not complied with. rarily ~red for, as proVlded m sect10n 4850 of the Revised Statutes of SEC. 2. That whenever there are upon any unoccupjed land aforesaid the Uruted States, a.nd aU necessary expenses incurred by the Commission· weeds of 4 or more inches in height, and .no person can be found in said Dis­ ers in as<'.ertaining the locality where such J)6rsons or their friends belong trict who either is or claims to be the owner thereof, or who either repre­ ~fu~£r;urning them to such locality shall be defrayed by the District ot sents or claims to represent such owner as aforesaid, the Commissioners of said District shall give notice, by publication twice a. week in one daily news­ SEC. 8. That all provisions of law inconsistent with this a.ct be, and the :pa~r published in the city of Washington aforesaid, requiring their removal. same are hereby, repealed. :::is.Id notice shall specify the land from which such weeds are to be removed, The bill was ordered to a third reading; and it was accordingly the cha.racter of the work to be done, and the time allowed for doing the same; and if such weeds be not removed within the time so specified it shall read the third time, and passed. . be the duty of said Commissioners to cause their removal; and the cost of On motion of Mr. CURTIS of Iowa, a motion to reconsider the such removal, including the cost of advertising, shall be a lien upon and shall last vote was laid on the table. · be assessed by said Commissioners as a tax against the J>roperty on which said weeds were located, and the said tax so assessed shall bear interest at Mr. DOCKERY. I did not hear the reading of that bill, and ;r the rate of 10 ~r cent per annum till paid. a.nd shall be carried on the regular should like to inquire about it. tax rolls of sa1d District and be collected in the manner provided for the col- The SPEAKER pro tempore. The Chair will say to the gentl&! lection of general taxes. , SEC. 3. That prosecutions under this a.ct shall be in the police court of said man that the bill has not only passed, but a . motion to reconsider Dist1·ict., upon information filed by the attorney for said District or one of has been laid on the table. his assistants. Mr. DOCKERY. I do not understand just how this committee Mr. RICHARDSON. Mr. Speaker, I ask a vote upon the bill. got jurisdiction of it. This hospital belongs to the Government Mr. HEPBURN. Mr. Speaker, I should like to have the gen­ of the United States and this District is only a very small con· tleman give some information upon this subject, if he pleases, as tributor. to the cost of these publications that are necessary before these Mr. CURTIS of Iowa. I will say th.atif the gentleman will tak~ weeds can be removed. It seems to me that this provides for more thebill- preliminary expense than the cost of the removal of the weeds. Th~ SPEAKER pro tempore. This debate can only proceed by Mr. RICHARDSON. I will state to the gentleman from Iowa unanimous consent. that that provision only applies in cases where the owner of the Mr. CURTIS of Iowa. I ask unanimous consent to enlighten lot does not reside here and) has no agent. In other cases they the gentleman. give notice to the owner or agent, and he must remove the weeds. The SPEAKER pro tempore. In the absence of objection, the Where the owner is not known or does not reside here and has no debate will be allowed to continue. · agent here. then the Commissioners thought some kind of notice There was no objection. should be given, and in cases like that it is provided that notice shall Mr. CURTIS of Iowa. If the gentleman from Missouri will be published and the cost of publication assessed like the other costs take the pains to read the bill and the report, I think he will agree of the removal of the weeds. There is no other way to get at it that with the Commissioners of the District and with the Committee the Commissioners could see or that the committee could see. on the District of Columbia that the committee had jurisdiction Mr. HEPBURN. Is it necessary to give that notice? of the bill, and that it is a very proper one. Mr. RICHARDSON. The Commissioners thought so, and the :M:r. DOCKERY. The bill may be a very proper one, but the attorney of the District thought that before you could put a tax District only contributes a very limited amount 1·elatively to of any kind upon property there should be some kind of notice the Government Insane Hospital, and my own judgment is that the given to the owner, either actual notice or constructive notice, District should contribute a very much larger percentage. In and inasmuch as the absence of the party and the fact that he had other words, patients go there in very large numbers, and the ex­ no agent would preclude the giving of actual noti(Je, they thought pense of their care is charged solely to the Treasury of the constructive notice should be given through the papers as the United States, when it ought to be charged in part to the District next best thing. That is the reason for the publication. of Columbia. .. The object of this bill is to keep unoccupied squares in a sani­ Mr. CURTIS of Iowa. This bill is intended to remedy the evil tary condition, and so forth. I hope there will be no objection to which the gentleman has pointed out. the bill. Mr. DOCKERY. All right, let it go. The bill was ordered to be engrossed and read a third time; and ARRE.A.RAGES OF TAXES IN THE DISTRICT OF COLUMBIA.. it was accordingly read the third time, and passed. Mr. CURTIS of Iowa. Now, Mr. Speaker, I desire to call up ADMISSION OF INSANE TO GOVERNMENT HOSPITAL, DISTRICT OF the bill (S. 4700) to receive aiTearages of taxes due the District of Columbia to July 1, 1896, at 6 per cent interest per annum, in lieu COLUMBIA.. of penalties and costs. Mr. CURTIS of Iowa. I now desire to call up the bill (8. 4626) The bill was read, as follows: to change the proceedings for admission to the Government Hos­ Be it enacted, etc.l. That the rate of interest to be collected of any person pital for the Insane in certain cases, a~d for other purposes. owing a.rrea.rages or general taxes prior to July 1, 1896, now due to and the 1899. CONGRESSIONAL RECORD-HOUSE. 937 liens for which are held by the District of Columbia sh!ill be 6 per cent per . done; as they say, to aid in the collection of the taxes here. In annum in lieu of the rate and penalt:it>s now ftxed by law and all accrued costs: Provided, That this act shall apply only to taxes paid on or before the other .words, we do not feel like setting up our judgment against 1st' day of January, 1899. the judgment -of the men charged with this very important mat­ ter; and in urging the passage of this bill it is simply from the The Committee on the District of Columbia recommended the fact that it was in accordance with the recommendations of the following amendments; which were read: Commissioners of the District, who have given it considerable In line 5 strike out the word "ninety-six" and insert in lieu th~reof the consideration, and the attorney of the District, and from the fact word "ninety-eight." that it has met the approval of the Senate Committee on the Dis­ In line 10 strike out "1899" and insert in lieu thereof "1900." Amend the title so as to read: "An act to receive arreara-ges of taxes due trict and the approval of the Senate. the District of Columbia to July 1, 1898, at 6 per cent interest per annum, in Mr. DOCKERY. Let me suggest to the gentleman from Wis­ lieu of penalties and costs." consin that this is a condition not peculiar to the District of Co­ Mr. JENKINS. Mr. Speaker,'! ask that the report be read. lumbia. The gentleman will find it prevalent in his own counties Mr. DOCKERY. I would like to have some explanation of the in Wisconsin as it prevails in Iowa. A certain number of tax­ bill. payers do not pay their taxes promptly. Would the gentleman Mr. HEPBURN. I would like to have some explanation of the favor a law involving the same principle in Wisconsin that would bill. acquit th-e m-ost dilatory class of all the delinquent taxpayers of a Mr. JENKINS. I can say to the gentleman from Iowa and the part of their liabilities? gentleman from Missouri, who ask an explanation, that this bill Mr. JENKINS. All that I can say to the gentleman from Mis­ was brought to the attention of the committee by the Commis­ souri is simply this, that as far as the general principle is con­ ~ioners of the District, and is a bill that in their judgment will cerned we were all against it, and personally I am against it, but enable them to better cellect the taxes of this District, and give these are peculiar facta entering into this matter, and, as I say, the the delinquents some time in which they may pay their taxes and gentlemen charged with the enforcement of the law in this District save cost.s. It only dates back to 1898 and is limited to the lstday seem to favor it. 1 of January, 1900. The judgment of the Commissioners is that it Now, there might cases arise in a State where the parties who will enable them to collect taxes that will never be collected in were opposed to it as a matter of principle would, in order to any other way; and it has met the approval of the committee on reach individual cases, favor the passage of this bill. I do not account of the recommendation made by the Commissioners of favor legislation of this kind on general principles; but we are the District. tolO. that it is to assist the poorest class of people there are in this I will yield to the gentleman from Iowa, if he desires to a-sk a District and that it practically costs the Government nothing. question. It is true that they have paid out a little for printing, but they Mr. HEPBURN. lfr. .Speaker, I would be glad if the gentle­ "\Vill more than get that back by the prompt payment of the taxes. man in charge of this bill would state whether or not it is prac­ Now, I d-o not think my friends can possibly have any objection ticable now under such legislation as we have to collect taxes to it when they understand that it is a peculiar case and that on from these delinquents. Is not the tax a lien on the realty? general principles we are opposed to it. Mr. JENKINS. Well, I can only _say this is what has been The amendment was agreed to. asked for .by the Commissioners. It is intended to remedy and The bill was ordered to be engrossed and read a third time; relieve cases where the delinquents are very poor, and it is abso­ and accordingly it was read the third time, and passed. lutely ~mpossible to get the taxes from them. . The Commissioners The SPEAKER pro tem-pore. Without objection, the amend· do not want to take their property, and propose to give them a ment to the title will be agreed to. [After a pause.] The Chair short limitation, whereby they may simply pay up 6 per cent on hears no objection. the cost that has been added. Of course, if the government were On motion of Mr. JENKINS, a motion to reconsider the vote to in.Sist upon their rights, it would obtain the costs that have whereby the bill was passed was laid on the table. been incurred by publication. That is about all there is to it. ASSESSMENT CERTIFICATES OF THE DISTRICT OF COLUMBIA • . Mr. HEPBURN. Why should theynot? Now, if the gentle­ man will permit me, I can remind him that if he observes the Mr. CURTIS ()f Iowa. Mr. Speaker, I now ask for the consid­ publications of these delinquent taxes, in very many instances eration of the bill (H. R. 6248) to provide for the disposition of there were persons that held apparently from ten to twenty and assessment certificates of the District of Columbia, and for other fifty tracts of land upon which they had refused to pcty their purposes. taxes. Now, I do not think that a bill ought to be passed that The bill was read, as follows: will relieve that class of people. Why should they not pay Be it enacted, etc., "That the Treasurer of the United States, ex officio com­ missioner of the sinking fund of the District of Columbia, shall deliver to the promptly? And if they do not pay promptly, why should they Commissioners of the District of Columbia all assessment certificates re­ not pay the penalties, as other people do? I think the gentle­ maining in his custody issued against private property in the District of man will find that this is for the relief of a large class of gentle­ Columbia for unpaid assessments for special improvements under the act of the legislative assembly of the District of Columbia approved Auaust 10, men who have for speculative purposes large tracts of land or 1871, and deposited with the commissioners of the sinking fund of the District many smaller tracts of land upon which they have refused or of Columbia under the provisions of section 2 of the act of the legislative as­ neglected to pay their taxes; and will find that there are men who sembly of the District of Columbia approved May 29, 1873. SEC. 2. 'l'hatall moneys derived from the collection o! special-improvement will be beneficiaries of this bill who have refused to pay taxes taxes, now in the custody of the Treasurer of the Unit.ed States, in excess of upon fifty to one hundred different tracts of land. Now, I confess the amount required to pay S·p-er cent certificates of indebtedness and cou­ I do not understand it. pons therefrom, called for payment prior to the act of Congress approved August 13, 189!, entitled "An act to provide for the payment of the 8 per cent Mr. JENKINS. !want to say to the gentleman from Iowa that greenback certificates of the District of Columbia, and for other pm-poses," I know he does not mean to make any insinuations against any­ shall ba deposited in the Treasury of the United States as genera r evenues body favoring the passage of the bilL of the District of Columbia. . Mr. HEPBURN. Certainly not. The amendments recommended by the committee were as fol· Mr. JENKINS. I can say to him that he certainly is laboring lows: under a very wrong impression. This bill was suggested by the By inserting after the word "States," in line 3, section 2, the words "or Commissioners of the District, and it is not at all likely that the that may hereafter be collected on account of the assessm ent cer tificates Commissioners of the District would recommend a measure based mentioned in section 1 of this act ; " and after the word "Columbia," in line D, the words ' ' and all future collBctions on account of t he aforesaid assess­ upon the facts suggested by the gentleman from Iowa. Further m ent certificates shall be made by t he collector of taxes of said District, who than that, this bill has been considered very carefully by the Sen­ shall deposit said collections as prescribed in this section; and the Commis­ ate Committee on the District of Columbia, and has met the ap­ sioners of said District shall redeem, out of the general revenues of said Dis­ trict, any of the outstanding drawback certificates issued under the act of proval of that body, and it comes here now with a slight amend­ Congress entitled 'An act to provide for the revision and correction of as­ ment, suggested by the Commissioners, which was overlooked at sessments for special improvements in the District of Columbia, and for other the time the bill passed the Senate. purposes,' approved June 19, 1878, as they may be presented to them for re­ demption, as prescribed by said act. Mr. DOCKERY. I should like to ask the gentleman a question. "SEC. 3. That the Treasurer of the United f,'tates is hereby relieved from Mr. JENKINS. Certainly. all duty and respo_nsibility in connection with the collection or application of Mr. DOCKERY. This bill is certainly open to the objection of the proceeds of sr...td assessm~nts , except as to the payment of the outstanding the gentleman from Iowa, which seems to be unanswerable. Does 8 per cent certificat es and coupons referred to in section 2, and the deposit,.as prescribed in said section, of the balance of the amount already in his custody it not also operate to discriminate in favor of the most flagrant not need~d for su~h payment. delinquents? " SEC. 4. That this act shall take effect from and after its passage, and all Mr. JENKINS. All I can say to the gentleman is that in ques­ acts or parts of acts inconsistent herewith are hereby r epealed." tions of this kind we fall back upon the Commissioners of the Mr. JENKINS. Mr. Speaker, I call for a vote on the amend- District, who have suggested it in the interest of the District, and ments. it has also met the approval of the attorney of the District. Now, Mr. DOCKERY. Oh, no, Mr. Speaker. it does not seem to me that if there was any question such as sug­ Mr. BLAND. This is a very important bill. gested by the gentleman from Iowa or the gentleman from Mis­ The SPEAKER. Which gentleman from Missouri does the gen­ souri, that the Commissioners and the District attorney would tleman from Wisconsin yield to? recommend the passage of this bill, as they have most earnestly Mr. JENKINS. I will yield to either of them. 938·- CONGRESSIONAL RE.<:JORD-. . HOUSE . . . JANUARY. '23,

Mr. BLAND. If I remember, Mr. Speaker, the legislation this· the 8 per cent certificates, will be needed to redeem the outstanding draw­ back certificates issued under an act of Congress entitled •· An act to provide bill has reference to was the refunding of the District debt under for the revision and correction of assessments for special improvements in the old regime of ' ' Boss" Shepherd, so called, of some twenty-odd the District of Columbia, and for other purposes,' approved June 19, 1878 million dollars. The District bonds were issued and guaranteed (U. S. Stats., vol. 20. page 166), believed to be Jess than $300 in amount. In order to provide for the retirement of these drawback certificat-es, the Com­ by the Federal Government, which pays one-half. I do not under­ mL<;Sioners recommend that provision be made for their payment out of the stand from the terms of this bill in what particular that legisla­ general revenues of the District of Columbia as they from time to time are tion may be affected. At any rate, it is a very important bill, and presented for redemption. In order to give effect to the foregoing recommendation, the Commission­ certainly it ought to be explained, or the report read at. least, ers suggest that the bill be amended by inserting after the word "Sj;ates," in before we are called to vote upon it or any part of it. . line 3, section 2, the words "or that may hereafter be collected on account of Mr. JENKINS. I wi11 yield to the gentleman from Missoul'i the assessment certificates mentioned in section 1 of this act; " and after the word "Columbia," in line 11, the words "and all future collections on account [Mr. DOCKERY]. of the aforesaid assessment certificates shall be made by the collector of Mr. DOCKERY. There ought to be an opportunity to examine taxes of said District, who shall deposit said collections as prescribed in this the measure, and I think the report should be read. section; .and the Commissioners of said District shall redeem, out of the gen­ Mr. JENKINS. I will ask it, or I will answer any question the eral revenues of said District, any of the outstanding drawback certificates issued under the act of Congress entitled 'An act to provide fo1· the revision gentlemen desire. I want to say to the gentleman from Missouri and correction of assessments for special improvements in the District of (Mr. BLA.ND] that I think he is laboring under a mistake as to the Columbia, and for other purposes,' approved June 19, 1878, as they mt.Ly be legislation sought to be changed here, and that it is not so impor­ presented to them for redemption, as p_rescribed by said act. "SEC. 3. That the Treasurer of the United States is hereby relieved from tant as it is said to be by some distinguished gentlemen. I want all duty and responsibility in connection with the collection or application of to call the attention of the House to the fact that the Secretary of the proceeds of said assessments, except as to the pa-yment of the outstand­ the Treasury drafted this bill and sent it to the Congress of the ing 8 per cent certificates and coupons referred to m section 2, and the de· posit, as prescribed in said section, of the balaljlce of the amount already ln United States. It" has been submitted to the Commissioners of the his custody not needed for such payment. District of Columbia and to the attorney of the Distl'ict, and it has "SEc. 4. That this act shall take effect from and after its passage, and all met the approval of all the officers of the District, with the amend­ acts or parts of acts inconsistent herewith are hereby repealed." A copy of the bill amended as suggested is herewith transmitted. ments that have been read from the desk this morning. It is sim­ Very respectfully, · ply a transfer of liability or responsibility, whichever you may JOHN B. WIGHT, term it. P·resident Board of Commissioners Dist1·ict of Columbia. Under a previous law certain moneys that were collected were Hon. J. W. BABCOCK, paid over to the Treasurer of the United States. The Treasurer Chairman Committee on the Dist?'ict of Columbia. of the United States was made ex officio treasurer of the District. Mr. DOCKERY. Mr. Speaker, I desire to ask the gentleman Now, they want to be relieved of that burden. They say~ there is from Wisconsin some questions, because I have been unable·' to no longer any necessity for such legislation, and they ask that learn much of thls bill outside of the report. the fund on band be tmnsferred to the District. Now, I can not Mr. J"ENKINS. I will say to the gentleman from Missouri that· see how that is going to affect any legislation that has heretofore if be desires to take a little time, we will pass by this bill for the been bad. If the gentlemen have any light that has not been time being to give him an opportunity of making that examh:ia­ furnished us by the Commissioners, I would like to hear it. tion. We have other bills with which we can occupy the time. Mr. DOCKERY. Will not the gentleman from Wisconsin [Mr. Mr. DOCKERY. In reference to the question of drawback cer­ JENKINsl allow the report to be read? tificates dealt with in this bill, I find that the Senate has placed Mr. JENKINS. Certainly. Mr. Speaker, I ask for the reading upon the District appropriation bill an amendmen~ (Senate· of the report. amendment 177), as follows: The report (by Mr. JENKINS) was read, as follows: P1·ovided, That after the ooth day of June, 1899, no drawback certificate The Committee on the District of Columbia, to whom was referred the shall be issued. • bill (H. R. 624.8) to provide for the disposition of assessment certificates of Now, I confess I do not understand the effect of that provision, the District of Columbia. and for other purposes. after careful consideration of -the same, report the bill back to the House with the recoiiu:nendation that Doubtless the Senate had information upon which it was based. it do pass with the amendments su15gested by~ the Commissioners of the Dis· Mr. JENKINS. Does the gentleman desire that the bill shall trict of Columbia in their commurucation of January 12,1899, which is made be laid aside for a while in order that he may have time to com­ a part of this report. Your committee desire to report that their attention was called to the municate with other gentlemen on this subject? subject-matter of this report by the honorable the Secretary of the Treasury Mr. DOCKERY. No, sir; but I wish to ask the gentleman of the United States in the following communication: right now (because I have not access to my usual source of infor­ TREASURY DEPARTMENT, OFFICE OF THE SECRETARY, mation) what these assessment certificates are issued for, and by W ashington, D. C., December 18, 1897 whom? SIR: The draft. of a bill is herewith transmitted "to provide for the dispo­ sition of assessment certificates of the District of Columbia, and for other Mr. JENKINS. The gentleman will find all the information on purposes." this subject in the letter of the Commissioners. The Secretary of This bill is submitted to carry out the recommendation presented on page the Treasury drafted the bill. xxxiii of the Report of the Secretary of the Treasury for the current year. The reasons for the proposed legislation are there presented. Mr. DOCKERY. The gentleman knows that I would be will­ .Your attention is requested to this subject. ing to follow his judgment in preference to opinions from some Respectfully, yours, L.J. GAGE, Department, which frequently come from a clerk. But I am in Secretary. the dark and have not been able to secure information as to what Hou. JoSEPH W. BADCOCK, Chairman of the Committee on the Dist1-ict of Columbia, the assessment certificates are. I am further confused by the fact House of Representati1:es, Washingto-n, D. C. that the Senate has placed on the District of Columbia appropria­ Your committee forwarded to the Commissioners of the District of Colum· tion bill the amendment I have just read. bia, for their examination and report, a copy of the bill, and receivedinreply Mr. RICHARDSON. Allow me to suggest to my friend from therl\t.o the following communication. After careful consideration of the subject, the committee adopted the Missouri that the provision added by the Senate as an amendment amendments suggested by the Commissioners of the District of Columbia in to the District appropriation bill is to the effect that none of these the bill as reported to the House: drawback certificates shall be issued hereafter. This bill deals OFFICE COMMISSIONERS OF THE DISTRICT OF COLUMBIA, with such certificates heretofore issued. I think this statement Washington, Janua1-y 12, 1899. should relieve the gentleman from all embarrassment. DEAR SIR: On April 13, 1898, the Commissioners reported favorably upon bill H. R. 6248, "to provide for the disposition of asse~sment certificates of Mr. DOCKERY. I am only asking for information. I should the District of Columbia, and for other purposes," which bad been referred like to know what drawback certificates are, and for what purpose to them at -your instance for their examination and report. This bill was pre­ they have been issued. I really do not know. pared and m troduced at the instance of the Treasurer of the United Stat-es, who, in his report for the fiscal year 1898, reiterates his recommendation for Mr. JENKINS. lf the gentleman desires time for investigation its enactm ent. of this bill it can be laid aside for the present. The object of section 2 of the bill is to transfer to the general revenues of Mr. DOCKERY. I do not wish to delav the measure. I am the District the money now in the custody of the Treasurer of the United States which has been derived from the collection of certain special improve­ simply asking for information, because I do not know what as­ ment taxes, amounting to about $8,500, so far as it is in excess of the ·amount sessment certificates or drawback certificates are. I hoped that necessary to redeem certain outstanding 8 per cent certificates of indebted­ the gentleman could give us that information. It seems to me ness, amounting, with accrued interest, to about $900, for the redemption of we ought to have a little fuller information on this question than which a. n ecessary portion of said moneys are pledged by the act authorizing their issue. As a. comnaratively large amount of money will also be derived has been given. from future collections of the special improvement taxes referred to, the Mr. JENKINS. I think the gentleman from Missouri is labor­ Commissioners recommend that the bill be modified so as to provide that ing under a misapprebension-- such collections also be transferred to the general revenues of the District. There are still unpaid over $18,000 of these taxes, hearing interest at the rate Mr. DOCKERY. I have no apprehension at all, because I do of 10 per cent per annum for an average of more than twenty years. although not know what the meaning of the bill may be. the principal of a large amount of these taxes will, in all probabilit y, be re­ Mr. JENKINS. I frankly tell the gentleman that all the in­ mitted for errors in the assessments on which they are based, and t.he inter- est in many instances be found uncollectible. · formation the committee has on this subject is contained in the The Commissioners therefore recommend that the bill under consideration correspondence. The bill was suggested by the Secretary of the be amended so as to provide that the last-mentioned moneys, as well as those Treasury, and has been recommended by the Commissioners with now 1n the custod_y of the Treasurer of the United States, be deposited in the Treasury of the United States as general revenues of the District of Colum­ amendments. bia. A small portion of these funds, in addition to that required to retire Mr. DOCKERY. I have no apprehension or misapprehension 1899. CONGRESSIONAL -RECORD-HOUSE.

about the measure. So far as this bill is concerned, I simply has given this matter his special -attention--=having such confi· ki{ow nothing. · dence in his ability-I would not say a word, because I have per­ -Mr; JENKINS. If the gentleman from Missouri is content, fect and implicit confidence in his judgment. But he does not Mr. Speaker, I will ask for a vote on.. the amendment. · state that. He says he has examined the letters of the Depart­ Mr. TERRY. I should like to ask-·- : ment and of the Commissioners, and it comes up here now recom­ Mr. JENKINS. I yield to the gentleman from Arkansas [Mr. mended by the Commissioners of the District -of Columbia. Now, · TERRY). many mistakes may happen under such circumstances. At least, Mr. TERRY. The leading idea of this bill seems to be to au­ sometimes mistakes do happen; and it seems tome that the proper thorize funds which were collected from special-improvement disposition to be made of this fund is to place it to the credit of taxes to be turned into the general fund. That seems to be the the property holders of the District of Columbia who have paid principal idea of the bill. the special taxes. That is the general rule where you have col-· Mr. JENKINS. I think the gentleman from Arkansas is labor­ lected an excessive fund under special assessments,. that the ex­ ing under a wrong impression. So far as this bill is concerned-­ cess should go back to the property holders who paid it. Mr. TERRY. What is the number of the bill which the gen­ - Mr. DOCKERY. Let me suggest to the gentleman in charge of tleman has in bis hand? the bill that before a vote is taken we should have a little iurther Mr. JENKINS. No. 6248. information from the Commissioners. Mr. TERRY. That is the bill which I have; and it provides Mr. COWHERD. If my colleague will permit me I have the (skipping matters which are not necessary to be considered in this report of the Secretary of the Treasury containing the information connection) that- from the Commissioners of the District, upon which this bill is All moneys derived from the collection of special-improvement taxes now based. It will be found on page 50 of his report. I will send it in the custody ol the Treasurer of the United States, or that may hereafter to the desk and have it read, or read it myseLf, as may be pre- be collected, etc., shall be deposited in the Treasury of the United States a..~ ferred. ' general revenues of the District of Columbia. Mr. JENKINS. Before that, I would. ask the gentleman from That provision authorizes a fund collected from special taxes to Missouri [Mr. CowHERD] if he knows of any good reason why be turned into a fund for general revenue. Now; I do not know this bill should not be passed. how these assessments were made, because the law on that subject Mr. COWHERD. I do not know of any, excepting such ques­ was passed many years ago; but the general rule is that it is con­ tions as may have come up in this debate. trary to equity and every right principle to collect money by spe­ Mr. DOCKERY. I should be entirely willing to follow the lead cial ta,xes on particular property and afterwards ~urn it into the of the gentleman from Wisconsin in this matter. But he says general fund for the benefit of the whole community. that he has not given his attention to the matter further than the· Mr. JENKINS. I will say to my friend that his inquiry.is fully consideration of the documents which have-been filed before the answered in the report of the Commissioners on this identical ques-­ committee. · tion. Now, my friend on the left, who is familiar with District mat­ Mr. TERRY. T_heanswer maybesatisfactoi.'ytothe District of ters, can not tell me exactly what is the meaning of the term Columbia Commissioners, according to their judgment; but has "assessment'! or" drawback" certificate. Therefore I thought it. the gentleman himself examined this question minutely? · proper that we should have as much information as practicable Mr. JENKINS. I have not examined it outside of the corre­ upon this point. spondence. Mr. TERRY. I think a measure of this importance, invol_ving Mr. COWHERD. The gentleman will find-that this matter has been considered; that a certain sum was raised for a purpose speci~ ­ important principles such as this involves, had better be passed fied in the act authorizing its raising; that the expenditures-were over until we can understand it more thoroughly. '' paid out of that fund, and this bill simply proposes to turn over Mr. .JENKINS. There is no important prinCiple involved. the balance to· where it properly belongs. , .· Mr. TERRY. I think there is an important prin~iple involved. Mr. JENKINS. And the only reason .is that this fund is ori Mr. JENKINS. The bill simply proposes to transfer from the hand, in excess of the liability, an.d the Secretary of the Treasury Treasurer of the United States· to the Commissioners of the Dis­ recommends that the excess be turned over to the District of Ca. trict of Columbia a certain fund raised from special-improvement lumbia and go into the general fund. taxes, and to put it into the generalfnrid; and the 1·easonsforthis Mr. DOCKERY. Well, let us have the re-port read. transfer are stated in the letter of the Commissioners. Mr. JENKINS. Does the gentleman desire -the report of tha Mr. TERRY. That is the very thing I am talking about-the committee? taking of a fund derived from special taxes on particular property and turning it into a general fund. That involves a very impor- Mr. DOCKERY. No; but my colleague from Missouri has tant principle. ' ' called attention to a report from the Secretary of the Treasury . Mr. JENKINS. Let me read to the gentleman fi·om Arkan­ bearing upon the subject. I would like to hea~· what that report sas, if he _will permit me, what the Commissioners say· on this says. It may explain this matter. Mr. JENKINS . . I will yield to_ the gentl~m~n from Missouri point-that is, that the object of the bill is to transfer to the gen­ [Mr. CowHERD] to have the communication-read to which he has eral revenues of the District of Columbia the moneys now in the referred. custody of the Treasurer of the United States which have been Mr. COWHERD. Then I ask for the reading of the communi­ derived from the collection of the special-improvement tax, and cation from the Secretary of the Treasury embodied in his report, which amount has not been used, aggregating the sum of about as I have alrea-dy stated. $8,500. The Clerk read as follows:- The object of section 2 of the bill is to transfer to the general revenues of the District the money now in the custody of the Treasurer of the United On July 1, 1878, when the Treasurer of-the United States assumed the du­ States which has been derived from the co.llection of certain special improve­ ties of the late sinking-fund commissioners, the amount of these bonds out­ ment taxes, amounting to about $8,500, so far as it is in excess of the amount standing was $423,000, requiring annually $29,610 for intere..c;t and $15,000 to be . necessary to redeem certain outstanding 8 per cent certificates of indebted­ set aparli for a sinking fund, aggregatmg for both purposes $44,610. ThiS ness, amounting, with accrued interest, to about $900, for the redemption of amount has been annually appropriated since that time, to be paid wholly which a. necessary portion of said moneys are pledged by the act authorizing ~ro~ the·revenues of the water deJ!artment. :{3y the operations of this sink­ their issue. AB a comparatively large amount of money will also be derived mg fund these bonds have been retll'ed to the amount of $80,000,lea.ving out­ from future collections of the special improvement taxes referred to, the standing $343,000, maturin~ as follows: ·$329,000 due October 1. 190L, and $14,000 Commissioners recommend that the bill be modified so as to provide that due July 1. 1903. In additiOn to the water-stock bonds retired, there have such collections also be transferred to the general revenues of the District. been purchased with this sinking fund other bond.s of the District, amount­ There are still unpaid over $18,000 of these taxes, bearing interest at the rate ing to $309,450. There are sufficient funds uninvested. to purchase $33,550 ad­ of 10 per cent per annum for an average of more than twenty years, although ditional bonds of the old funded debt, making a total of $3!3,000to be redeemed the principal of a large amount of these taxes will, in all probability, be re­ by the sinking fund for those obligations. This sum equals the amount of mitted for errors in the assessments on which they are based, and the interest, the water-stock bonds outstanding. · · in many instances, be found uncollectible. The interest accumulations on the bonds of the old funded debt retired with-this sinking fund are available to pay interest on the water-stock bonds. Mr. TERRY. Right there, if the gentleman will permit me The estimated amount accruing during the fiscal year 1898 is $17,389.87, while (unless you want to make a further statement to explain this mat­ the total amount required for. interest is $24.010. The difference between ter a little more fully), I want to know-- these sums-$6,620.13-is all that is required to be appropriated from the wa- ter fund for the fi.sca.l year lb'98. · - Mr. JENKINS. The gentleman has the floor for any inquiries Under the authority contained in the District appropriation act approved he may desire to make. March 3, 1897, the balance remaining on the lst day of Jnly, 1897, of the prin­ Mr. _TERRY. The language you have gone over would seem to cipal of tbe debt incurred for increasing the water supply was paid in full, making the total payments on account of the principal $1,167,007.76, and for imply the fact that the District of Columbia had collected some interest thereon $204,135.69. money, and more than was necessary, to pay certain certificates As Congress by the act of August 13, 189!, otherwise provided for the re­ of indebtedness which were outstanding, the collection being made demption of the 8 per cent greenback bonds, to the payment of which special for the purpose of meeting such certificates. Now, if that be true, taxes were pledged, the Treasurer renews·the recommendation that Congress be asked to authorize him to deliver to the Commissioners of the District of then that excess or amount of money, I claim, should go back to Columbia the tax-lien certificates now·held by him as security for the pay­ the taxpayers who paid the special tax and not to any general fund. ment of those taxes, in order that they may apply all moneys 'hereafter de­ That is the general rule in such cases, and I think ought to apply rived therefrom to tbe payment of the outstanding drawback certificates, a.s cont-emplated by. the act of Congress approved June 19,1878, providing for here. their issue. . · . If my friend from Wisconsin will assure me, however, that he Detailed information in regard to the affairs of the District of Columbia 940 CONGRESSIONAL RECORD-HOUSE. J.ANU.ARY 23, will be found in the report to be submitted by the District Commissioners The bi11 as amended was ordered to be engrossed and rGad a third andoy the Treasurer of the United States, ex officio commissioner of the time; and it was accordingly read the third time, and passed. sinking fund of the District. ·By unanimous consent the title of the bill was amended so as to Mr. COWHERD. I think that explains the matter fully. As I read: '• A bill for the relief of Francesco Perna." understand it, the credit of the Government was pledged to re­ On motion of Mr. JENKINS, a. motion to reconsider the vote by deem certain bonds, and special-tax bills were issued. N ~w,.this which the bill was passed was laid on the table. claim has been wiped out, as the repor~ shows, and the bill. I~ to return to the general fund of the Distnct the balance remammg MARY J. CRANSTON. on hand. Mr. CURTIS of Iowa. I desire to call up the bill (S. 3816) for I yield back the time to the gentleman from Wisconsin [Mr. the relief of Mary J. Cranston, of Washington, D. C. JENKINS]. The bill was read, as follows: Mr JENKINS Now Mr Speaker I ask a vote on the amend-~ Be it enacted, etc., That all real estate lying in the District of Columbia · • • · ' ' ' heretofore purchased and conveyed to ~lary J. Cranston, wife of William M. ment of the comnnttee. Cranston, of said District, prior to the pa~sage of this act, be r~lieved and The amendment was agreed to. exempted from the operation of an act entitled "An act to restrict the own- The bill as amended was ordered to be engrossed and read a third ership of real estate in t~e Ter.ritories to American . citizens," _approved ti . d it was accordingly read the third time and passed. March 3, 1887; and all forfe1tur~s mcurred by force of satd act are, m respect me, an INS t' t ' ·a th t of such real estate, hereby remitted. On moti~n of Mr. JENK 'a mo Ion ° reconsi er e 1as The Committee on the District of Columbia recommended the vote was laid on the table. following amendment: HEIRS OF MINNIE FREDERICH. In line 5 strike out the letter "M" and insert in lieu thereof the letter" H." Mr. CURTIS of Iowa. I now desire to call up the bill (H.R. The amendment was agreed to. 8816) for the relief of the heirs of Minnie Frederich, an~ I yie!d The bill as amended was ordered to a. third reading; and it was to my colleague on the committee, the gentleman from Wisconsm accordingly read the third time, and passed. (Mr. JENKINs]. On motion of 1\fr. JENKINB, a motion to reconsider the last The bill was read, as follows: vote was laid on the table. Be it enacted, etc., That the following real estate, situated in the city of w D WILLIAMS Washington, D. C., formerly owned and possessed by Georg_e Bogus. and • • • known and described as the 613 H street NW. property, 618 H street NW. Mr. CURTIS of Iowa. I desire to call up the bill (H. R. 9760) :property, and 810 Fifth sti·eet NW. property, together with .the three ad- to redeem outstanding certificates, issued by the board of public Joining lots on the north; and also all the real estate formerly m th~,nalll:e of works of the District of Columbia, held by W. D. Williams. George Bogus at the corner of Fifth and G str~ets NW., known as ~oc1e~y Temple" the said last-mentioned property bemg lot 1 of square 486, m said The bill was read, as follows: city of Washington; and all real estate lying. in the DistriCt of Columbia Be it e•nacted, etc., That the Commissioners of the District of Columbia are heretofore devised and bequeathed by the said George Bogus, deceased, to hereby authorized and directed to receive and audit certificates of indebted­ Minnie Frederich, late of Baltimore, Md., in her lifetime; and also allreales- nessnumbered4098,40119,4100,4101,4102,4103,4105,and4:106,in thesumof$50each, tate lying in the District of Columbia heretof!Jre purchas~d by or con"':eyed issued by the treasurer of the late board of public works of the District of to the said Minnie Frederich, be, and all of said prop~:rty IS hereby, re.lieved Columbia, and now held by W. D. Williams, for the redemption of which and exempted from the operation of an a~t entitled ~ act.t? restnct the there is no existing law, and to pay to him the amount respectively- found ownership of real estate m the Territories to !>-meri<~an Citizens, and so due on such certificates, includmg interest thereon at the rate of 3.65 per forth," appr~ved March 3, 1887, a~d all the forfeitures mcurred by_ force of cent per annum to the date of such redemption. said act are, m respect to all of said real estate, hereby forever renntted. Mr. COX. Mr. Speaker, I should like to have an explanation of Mr. JENKINS. ·There are no amendments to this bill, an.d I ask that measure. for a vote. .M:r. DOCKERY. I reserve the point of order on this bill as to Mr. BLAND. I think this bill ought to be explained. consideration. Mr. JENKINS. I will yield to the gentleman from Missouri. Mr. JENKINS. ' I will yield to the gentleman from-Tennessee. Mr. BLAND. My object in rising was to have some e~plana- Mr. COX. No; I want an explanation of the matter. Howdid tion of the bill. Of course, we could hear a part of the bill read this matter get in here and what is the purpose of it? and -part of it we could not hear. We ought to know what we are The SPEAKER. The gentleman from Missomi (Mr. DOCKERY] voting on. makes the point of order. Subject to that, the explanation is given. Mr. JENKINS. I sympathize with the gentleman when he says Mr. JENKINS. Mr. Speaker, the facta as far as this bill is con- he could not hear all of the bill. It is one of the bills so common cerned are that some time ago the District of Columbia issued cel'· here, coming from th~ people in the Distr_ic~ ?f Co!umbia, asking tificates for indebtedness on the part of the District of Columbia. relief from the provisiOns of the law prohib1tmg aliens from own- They called them in and gave sbc months' limit for the parties to ing property in the District. The bill was submitt~d to the appear and receive new certificates. Now, as stated in the facts Commissioners of the District and was carefully considered by before the committee, it was purely a local measure, and this them and also submitted to the attorney of the District, and they young man, the benefic~y iii ~his c~se, who ~s a col!lmon lahore~, have ~11 reported favorably and are in favor of the passage of the working by the day and mvesting his money m certificates of this bill. . kind, did not have his attention called in any way to the fact that Mr. BLAND. Is it a general bill or a special b1ll? the District was exercising its legal right to call in these certifi- Mr. JENKINS. It is not a general bill. cates and issue new ones in lien thereof. The law gave the hold- . Mr. RICHARDSON. It has application to_only one case: . ers of these certificates six months in which to get the newcertifi- Mr. JENKINS. It applie-9 only to the parties named, rehevmg cates. That time passed away, and this young man dldnot .know it. them from the effect of the law which took away t~eir property The facts were brought to the att-ention of the District, and the and forfeited it to the United States. They seek relief from the District Commissioners recommended that he apply to Congress forfeiture. . for relief; and they recommend that he be permitted to receive Mr. RICHARDSON. I understand the.se par~ies have b~n ;n other certificates in lieu of those that were lost. Of course it was possession of the property and paying taxes on It and ownmg It. a forfeiture so far as the law was concerned; but it does not seem .Mr. JENKINS. The statement of the gentleman is corre~t. to me that the Congress of the United States, or any individual Mr. RICHARDSON. But the title-insurance co~pany-Will not member of it, can stand upon legal rights and enforce a forfeiture guarantee the title without the passage of such a bill. that is never availed of by any honest man. The District has had Mr JENKINS. I will ask for a vote on the bill. the money, and all they asked is to put this man back into the same Th~ bill was ordered to be engrossed and read a third time; and position as he would have been if his attention had been called to it wa-s accordingly read the third time, and passed. it at the time. On motion of Mr. JENKINS, a motion to reconsider the last 1\!r. COX. Will the gentleman allow me to ask him one ques- vote was laid on the table. tion? FRANCISCO PERNA. Mr. JENKINS. I yield to the gentleman from Tennessee. Mr. CURTIS of Iowa.. I now desire to call up the bill (H. R. Mr. COX. Now, he had certificates-- F · p Mr. JENKINS. Certainly. 8711) for there! ief o f ranciSco erna. :Mr. COX. And they were lost. The bill was read, as follows: Mr. JENKINS.; No, sir. Be it enacted, etc., That all real estate lying~ the District of C-olumbia Mr·. COX. He has got them now? heretofore purchased by and conveyed to FranciSco P~rna, of MoJ?.tgomery County State of Maryland, vrior to the passage of this act be relieved and Mr. JENKINS. He has got them now. exempted from the operation of an act to restrict the ownership of real Mr. COX. . Well, I do not see why they should not be paid, then. estate in the Territories toAmerican~itizenshiJ?, approved MarchS, 1887• and -..-••• JENKINS. The time has run by for him to get the certifi- all forfeitures incurred by force of sa.I.d act are m respect of such real estate .Ll'.U. hereby remitted. cates that were to be issued in lieu of the originals he held. They Mr. CURTIS of Iowa. I yield to my colleague on the commit- were called in, and the District was allowed six months in which tee the gentleman from Wisconsin fMr. JENKINs]. to issne the new ones, and this man did not discover it, I will say Mr. JENKINS. There is a committee amendment. to my good-natured friend from Tennessee. The Clerk read as follows: Mr. COX. Of course I am a good-natured fellow. In line 4 strike out the word "Francisco" and insert in lieu thereof the Mr. JENKINS. This is a common laboi·ing man, and all he is word "Francesco." asking at the hands of Congress is simply an act of justice. Mr. The amendment was agreed to. Speaker, I will ask for a vote upon the amendments. 1899. CONGRESSION A.L RECORD-HOUSE. 941

Mr. DOCKERY. ThB only question is whether this is to be judgments and awards is hereby appropriated out of the revenues of the District. paid entirely out of the revenues of the District or one-half of it SEc. 3. Th:at of the amount found due and awarded as damages for and in out of the revenues of the District and the other half out of the respect of the land condemned under this act for t he widening of said stt·eet, general Treasury, one-half thereof shall be assessed by the jury in said proeeedin~s ~aa.inst the pieces and parcels of ground situate and lyingoneachsideofsatd Nrneteenth Mr. JENKINS. Well, on all questions of that character I defer street extended between Florida avenue and Columbia road, and also on all to the judgment of the gentleman from .Missouri, because I do or any adjacent pieces or parcels of land which will be benefited by the widen­ not know anything about that. ing of Nineteenth street as herein provided. 8Ec. 4. That the sums to be assessed a,..ooainst each lot and piece and parcel Mr. DOCKERY. I want to say-- of ground shall be determined and designated by the jury, and in determin­ 1\lr. JENKINS. I yield such time to the gentleman from Mis­ ing what amount shall be a....«sessed against any particular piece or parcel of souri as be desires. ground the jury shall ta.ke into consideration the situation of said lots, and Mr. COX. Before the gentleman proceeds, I desire to ask, Is the benefits that they may severally receive from the widening of sn.id street and highway. that a part of the expenses of the government of the District of SEC. 5. That when confirmed by the eourt the assessments shall severally Columbia? ~ be a lien upon the land assessed, a.n

Mr. RICHARDSON. I now ask for a vote. The Commissioners of the District of Columbia approve of this legislation Mr. Sll\IPSON. I would like to have some information in re­ in the following communication: OFFICE COMllliSSIONERS OF THE DISTRICT OF COLUMlliA., gard to the probable cost of widening this street. - Washington, January 18, 1899. Mr. RICHAR~SON. It is estimated that it will cost about DE.AR .SIR: The Commissioners have the honor to submit the following on $42,000, one half of which is assessed against the property owners House billl1629, Fifty-fifth Congress, third session, for the extension of Penn­ and the other half against the District of Columbia. sylvania avenue SE. to the District line, referred to them by your committee for examination and report: Mr. SIMPSON. I notice the report says: "It is believed that Pennsylvania avenue is now opened np and avail.able for travel from the another jury would find the damages considerably less than the east side of the Anacostia River to Branch avenue. From this point to the former assessment." What rclason has the gentleman for believ­ Bowen road the District possesses title to the street, but the street l:as not yet been graded. It is for the purpose of ac_guiring title to the land nec:Jssary ing that, in view of the increased land damages in the District of to open the avenue from Bowen road to the District line that the bill h n:-~ been Columbia? The damages must be based on the value of the prop­ introduced. . erty, and without that property is shrinking in value, there can On previous bills of like nature the Commissioners have expressed them· selves as being unqualifiedly in favor of opening up at as eatly a date as pos­ be no reasonable ground to believe that the damages will be as­ sible the main avenues and thoroughfares of the District; and in a case like sessed at a less sum by a future jury. the I?resent one, where only a sinall area of land is needed to complete the ex­ Mr. RICHARDSON. That statement is not the statement of tensiOn to the District line, they consider the case especially meritorious.· the committee, but of John B. Wight, president of the Board of The amount of land which will be necessary is only about five and a half acres, the price per acre for ~hich is believed to be not over $300, so that the Commissioners of-the District of Columbia. The former award amount of money involved for the acquisition of the territory is quite small. of the jury was made under the old highway a-ct, and was made In addition to the fact of.being the last link in one of the main avenues of the some four· years ago, when property was probably higher than it District, the extension is very mnch needed to allow direct access to and from the center of the city to the people_living just beyond the District line in is at this time in the District of Columbia. At any rate, the Com­ Maryland, and by affording them easier access· it is believed that it will con­ missioners think the assessment was too high, and they say they tribute greatly to the material benefit of the business interests of the Dis­ thought so then, and they are now satisfied that the jury would trict, which is in addition to the advantages to the public generally result- ing from the opening of suc;:h a main thoroughfare>. · not assess it higher than $-12,000, one half of which, as I said, is Very respectfully, yours, · to be paid by the property owners and the other half by the Dis­ . - . . JOHN .W. ROSS, _ trict of Columbia. . Acting President Boa1·d of Cmnmissioners District of Columbia. Mr. SIMPSON. The old award was $48,700? Hon.J.VV.BABcocK, . Mr. RICHARDSON. That was the original sum, but it is Chairman Committ_ee on the Distr-ict of Colttmbia. thought that this award will not exceed $42,000. It is desired by Mr. SIMPSON. Mr. Speaker, I hope the gentleman from Mary-·· all the parties in interest and by the Commissioners. land will state to the House wpat will be the probable cost'of the' The bill was ordered to be engrossed and read a third time; extension of this street. and it was accordingly read the third time, and passed: Mr. MUDD. As is said in the letter of the Commissioners, the amount of land to be taken is estimated at about 5t acres, and EXTENSION OF PENNSYLVANIA AVENUE SOUTHEAST TO THE the price per acre, it is believed, will not be over $300, so the ex·. ' DISTRICT LINE, . pense will be about $825, if we deduct the amount assessed against Mr. CURTIS of Iowa. Mr. Speaker, I ask for the present con­ the owners of the adjoining land. · sideration of the bill (H. R. 11629) for the extension of Pennsyl­ Mr. SIMPSON. The whole cost, then, will be about $1,650? Mr. MUDD. One thousand six hundred and fifty dollars, of vania avenue SE. to the District line. which the landowners adjoining will pay $825. I think it will The bill was read, as follows: be the most inexpensive extension of any street in the District for Be it enacted, etc., That the Commissioners of the District of Columbia be, and they are hereby, authorized and directed to extend and open Pennsyl­ which a proposition for extension may be contemplated. . vania avenue SE. to the District line, the same to be on a straight extension Mr. SIMPSON. One-half of the $825 Will come out of the and of the same width of said avenue as now established, and to tlx andestab· District of Columbia and one-half out of the Treasury of the lish the grades of the extension herein provided for within sixty days from the approval of this act. United States? . · SEC. 2. That-said Commissioners shall, within thirty days from the date Mr. MUDD. Oh, no; one half comes out of the adjoining land· on which the grades on the exte.nsion herein provided for have been fixed owners and the other half out of. the District of Columbia. Noth· and established accordin~ to the requirements of this act, institute by peti­ tion a proceeding in rem m the supreme court of the District of Columbia, ing is taken out of the Treasury of the United States. Mr. Speaker,. holding a district court of the United States for said District. for the con­ I have an amendment to correct what seems to have been a cler­ demnation of a permanent right of way for the public over all the land lying ical error in the bill. within the limits of the aforesaid extension not already owned by the United States or the District of Columbia, excepting also all lands that may be dedi· The SPEAKER. The Clerk will report the amendment. cated to the public use for the said highway and the extension thereof. And The Clerk read the amendment, as fellows: said proceedin~ shall be prosecuted under and in accordance with the pro­ Strike out the word "widening," in line 25, page 2, and insert in lieu thereof visions of sectiOns 257 to 267, both inclusive, of the Revised Statutes of the the words "opening and extension." United States relatin13' to the District of Columbia concerning tha condemna­ tion of lands in the srud District for public highways. The amendment was agreed to. SEC. 3. That payment of the sum or sums of money adjudged to be due The bill as amended was ordered to be engrossed and read a. and payable for lands taken under its provisions shall be made by .the Treas· third time; and it was accordingly read the third time, and passed. nrer of the United States, ex officio commissioner of the sinking fund of the District of Columbia, upon the warrant of the said Commissioners, out of On motion of Mr. MUDD, a motion to reconsider the last vote the revenues of the District of Columbia; and a sn.ffi.cient sum to pay such was laid on the table. . judgments and awards is hereby appropriated ont of the revenues of the Mr. CURTIS of Iowa. Mr. Speaker, I ask a reconsideration of District of Columbia. SEc. 4:. That of the amount found due and awarded as damages for and in the vote by which the bill (H. .R. 11605) for· the widening of respect of the land condemned under this act for the widening of said street Nineteenth street NW. was passed, and move to lay that motion one-half thereof shall be assessed by the jury in said proceedings against the on the table. pieces and parcels of land situate and lymg upon each side of said Pennsyl­ vania avenue extended, and also on any or all adjacent pieces or parcels of The SPEAKER. The gentleman moves to reconsider the vote land which will be benefited by the said extension as herein provided. upon the passage of the bill11605, and moves to lay tha.t motion SEC. 5. That the sums to be assessed against each lot and piece and parcel on the table. Without objection, it will be so ordered. of ground shall be determined and designated by the jury; and in determin­ There was no objection. ing what amount shall be assessed a~inst any particular piece or parcel of ground the jury shall take into consideration the situation of said lots and FREDERICK DOUGLASS MEMORIAL A.ND HISTORICAL ASSOCIATION. the benefits that they may receive from the extension of said avenue and highway. Mr. CURTIS of Iowa. I call up the bill (H. R. 11439) to incm~­ SEa. 6. That when confirmed by the court the assessments shall severally porate the Frederick Douglass Memorial and Historical Associa­ be a lien upon the land assessed, and shall be collected as special improve­ tion, and I yield to the gentleman from Maryland [Mr. MuDD] . ment taxes in the District of Columbia, and shall be payable in five equal in· Mr. MUDD. Mr. Speaker, in view of the fact that this bill ~~~7.t~:;:~~;~r:~~ a~;~;;ro~~;;>~~ ~t_~t B~t~~U: g~~~~- shall contains some inaccuracies which need to be corrected, I move have taken possession of the pieces or parcels of ground in respect to which that without reading the bill be recommitted. . such judgment condemning the right of way shall have been entered under the provisions of this act, it shall be their duty to cause a roadway of said The SPEAKER. By unanimous . consent, the bill may be re­ Pennsylvania avenue SE., as extended nnder the provisions herein, of such committed without reading. The Chair hears no objection, and width and character of construction as in their judgment maybe suitable, to it is ordered accordingly. · be graded and regulated as soon as practicable thereafter. SEC. 8. That payment of the awards made in respect of the property con­ EXTE~SION OF NEW HAMPSHIRE A VENUE. demned shall not be made until the assessments herein proVIded for shall have been made against the aforesaid property and duly confirmed. Mr. CURTIS of Iowa. I call up the bill (H. R. 11606) for the extension of New Hampshire avenue. Mr. SIMPSON. Mr. Speaker, I hope we shall have the report The bill was read, as follows: read. Be it e·nacted, etc., That the Commissioners of the District of Columbia be, Mr. MUDD. I ask for the reading of the report, Mr. Speaker. and they are hereby, authorized and directed to extend and open New Hamp­ The report (by Mr. MuDD) was read, as follows: shire avenue from the intersection of Whitney and Sherman avenues to the west line of Brightwood avenue at its intersection with Rock Creek Church The Committee on the District of Columbia, to whom was referred the bill road, the same to be on a straight extension and of the same width of said (H. R. 11629) for the extension of Pennsylvania avenne SE. to the District avenue as now established in the subdivision of P etworth, and to fix andes­ line, after consideration of the subject, report the bill back to the House with tablish the grades of the extension herein provided for within sixty days the recommendation that it do pass. from the date of the approval of this act. 1899. CONGRESSIONAL ·RECORD-HOUSE. 943

SEC. 2. That said Commissioners shall, within thirty days from the date on Hampshire avenue, referred to them by your committee for examination which the grades on the extension herein provided for have been fixed and and report: established according to the requirements of this act, institnte by petition a The bill proposes to extend New Hampshire avenue from Whitney avenue proceeding in rem in the supreme court of the District of Columbia, holding to Brightwood avenue or Seventh street road, so as to make a prolongation a district court of the United States for said District, for the condemnation or extension of the avenue as now laid out throu~h Pet worth. A plat show­ of a permanent right of way for the public over all the land lying within the ing the extension in question is inclosed hereWith. showing the lot'! which limits of the aforesaid ~xtension not already owned by the United States or will be taken or affected by the extension, and giving upon each tract the the District of Columbia, excepting also all lands that may be dedicated to value of the land in question as closely as it can be ascertained by the Com­ the public use for the said highway and the extension thereof. And said pro­ missioners at the present time. From this it will be seen that the total value ceedings shall be prosecuted under and in accordance with the provisions of of the land taken is estimated at a little over $77,000; the improvements ex· sections 257 to 267, both inclusive, of the Revised Statutes of the United States istin~ upon the same are estimated at about SlO,OOJ, making the total cost of relating to the District of Columbia concerning the condemnation or lands in acquiring the land probably between $87,000 and $88,000. The grading and the said District for public highways. - macadamizing of the street will cost about $7,000. SEC. 3. That payment of the sum or sums of money adjudged to be due and payable for lands taken nuder its provisions shall be made by the Treasurer m~~~fz.:~~;:~dt~v~~~~? t~~b~tsfr~~i~y ~e~~~l~~ ~~gs~~~~~;!~ of the United States, ex officio commissioner of the sinkin~ fund of the Dis.,. the present time at comparatively little cost, and there are practically no trict of Columbia, upon the warrant of the said CommissiOners, out of the improvements in the line of the street. In a few years it is probable that revenues of the District of Columbia; and a. sufficient sum to pay such judg­ the cost would be greatly increased, as this section is rapidly developing, ments and awards is hereby appropriated out of the reve~ues of the District and the price of ]and will not only be higher, bntit is more than probable that of Columbia.. -- · many improvements will then exist in the line of the proposed extension. SEC. 4. That of the amount found due and awarded as damages for and in To open the street as proposed would give a very desirable improvement, respect of the land condemned under this act for the widening of said street which will be of advantage tothiR entire section and to the District in general. one-half thereof shall be assessed by the jury in said proceedings against the Lines 8 and 9, page 1 of the bill, state that the extension shall be "of the pieces and parcels of land situate and lying upon each side of said New Hamp­ same width of said avenue as now established in the city of Washington." shire avenue extended between Whitney and Brightwood avenues, and also This is a width of 130 feet. The avenue has been opened throu~h Petworth on any or all adjacent pieces or parcels of land which will be benefited by the for a width of 120 feet,anditis recommended that the words "Cltjof Wash­ said extension as herein provided. - ington," quoted above, be stricken out and in lien thereof the words "subdi­ SEc. 5. That the sums to be Msessed against eaeh lot and piece and parcel vision of Petworth" be inserted. of ground shall be determined and designated by the jury; and in determin­ Attention is invited to the fact that section 5. as now worded, is inopera­ ing what amount shall be assessed a~ainst any particular piece or parcel of tive, as no appropriation is made for carrying the required improvements ground the jury shall take into consideration the· situation of said lots and into effect. the benefits ·that they may receive from the extension of said. avenue and Very respectfully, yours, · hl~~~ - . - JOHN B. WIGHT, SEC. 6. That when confirmed by the court the assessments shall severally President Board of Comm.issione1·s District of Columbia. be a lien upon the land assessed, and shall be collected as s~ecial improve­ Hon. J. W. BABCOCK, _ ment taxes in the District of Columbia, and shall be payable in five equal Chairman Committee on the Dist1'ict of Columbia. installments, with interest ~t . the rate of 4: per cent per annum until paid. SEC. 7. That payment of the awards made in respect of the P,roperty con­ Mr. DOCKERY. As I understand -the provision of the bill, it demned shall not be made until the assessments herein provided for shall makes a direct ap~ropriation of about $40,000 of the revenues ·of have been made against the aforesaid property and duly confirmed. - the District of Columbia. One-half of this amount, however, is Mr. DOCKERY. As this bill makes an appropriation and in­ ultimately to be reimbursed to the District treasury by assess­ volves a charge on the Treasury, I desire to reserve a point of ments upon the property abutting upon this improvement, the order upon it. · payments to be made in equal installments running through a The SPEAKER. The gentleman from Missouri reserves a point period of five years. Is that correct? · of order. Mr. RICHARDSON. The provisions of this bill on that subject Mr. RICHARDSON; This bill in all its essential provisions is are exa-ctly the same as those of the two bills already passed. One­ in the identical language of two bills which we have passed to-day. half the expense is assessed against the property holders and is It provides simply for the opening of New Hampshire avenue made a lien on the property, as other taxes are, until paid. through about 1,500 feet of ground. If the gentleman from Mis­ Mr. DOCKERY. Of course the effect iB to impose on the reve­ souri insists on his point of order, I will make the motion to go nues of the District (if I understand the bill correctly) an advance into Committee of the Whole; but 1 hope unanimous consent may of the entire amount of the cost of the improvement as awarded be given that the bill be considered in the House as in Committee by the jury-$40,000. of the Whole. I concede that if the point be insisted upon, the Mr.· RICHARDSON. But nothing is to be paid until the award bill must be considered in Committee of the Whole. is confirmed by the court. The language-of the bill in section 7 is: M:r. DOCKERY. As I caught the reading of the bill, it pro­ That payment of the awards made in respect of the property condemned vides for the assessment of one-half the damages against the prop­ shall not be made until the·· assessments herein provided for shlill have been erty owners. made against the aforesaid property and duly confirmed. Mr. RICHARDSON. It provides that one half the damages be So that the action taken by the jury in this case must be con­ assessed against the property holders and the other half be paid firmed by the courts before the District of Columbia. pays any of out of District funds-just as was provided in the bill passed a this money. few moments ago. Mr. DOCKERY. I desired to bring out that point. I do not Mr. DOCKERY. While we are examining the bill I ask that recall the decision of the Supreme Court with respect to the high­ the report be read. way act; but I believe there was some impea-chment·of the con­ The SPEAKER. The Clerk will read the report, the point of stitutionality of that act because of its provisions in respect to order being reserved. assessing benefits upon owners of private property. The report (by Mr. RICHARDSON) was read, as follows: Mr. COWHERD. -The Supreme Court set aside a decision -to The Committee on the District of Columbia, to whom was referred the bill that effect by the lower court and upheld the constitutionality of (H. R. 11161) for the extension of New Hampshire avenue, report the same the highway act. back to the Honse with the recommendation that a substitute be adopted in Mr. RICHARDSON. -That is correct. lieu of said bill, which substitute is herewith submitted. The committee Mr. DOCKERY. Very well. I accept the statement of my further recommend that the bill H. R. 1116llie on the table. The extension proposed lies between Whitney avenue and Brightwood colleague [Mr. COWHERD]. It occurred to me that possibly we avenue or Seventh street road, and is to connect an already completed sec­ might involve the revenues of the District in this liability, and tion of New Hampshire avenue, several squares of which are covered with then the court might hold the assessment against owners of pri­ asphalt pavement with the thoroughfares leading from what is now known as Columbia Heights. The length of the extension is only 1,700 feet, and in­ vate property a-s null and void. volves the taking of property mostly unimproved and of comparatively small Mr. RICHARDSON. There is no likelihood of that happening. value. There are practically no improvements in the line of the a. venue, al­ Mr. CURTIS of Iowa. I move to amend the bill by striking though it is probable that in the near future many will be made, as the city is growing very rapidly in that direction. out, in line 1, page 3, the word "widening" and inserting in lieu The proposed extension will afford a much safer and pleasanter drive from thereof the words" opening and extending." the city to the northern entrance of the Soldiers' Home grounds than that Mr. RICHARDSON. That is right. which is used at present, and relieve Whitney avenue from the pressure upon 1t when pleasure driving is at its height, and also enable vehicles to The SPEAKER. The Chair considers the point of order as reach the suburbs without using Brightwood avenue, upon which the cars of withdrawn. The question iB on agreeing to this amendment. the Brightwood Railway now run. 'fhe amendment was agreed to. · The Commissioners of the District state that the extension as proposed will give a very desirable improvement, which will be of advantage to this The bill as amended was ordered to be engrossed and read a section and the District in general. third time; and it was accordinglyread the third time, and passed. The substitute proposed by the committee provides that one-half of the On motion of Mr. CURTIS of Iowa, a motion to reconsider the damages of condemnation shall be paid by owners of the adjacent property, which is to be assessed for benefits, the assessment being a lien upon the last vote was laid on the table. · property and collected the same as taxes after the assessment is coritl.rmed by the court. EXTENSION OF S STREET. The remaining half is to be paid from the revenues of the District, but not Mr. CURTIS of Iowa. I desire to call up the bill (H. R. 11597) until the award of assessment against the adjacent property for benefits has been duly confirmed by the court. to extend S street, in the District of Columbia, and for other pur­ A letter from the Commissioners of the District relating to this subject poses. accompanies this report, which will be submitted a.s a part hereof. The bill was read, as follows: OFFICE COMMISSIONERS OF THE DISTRICT OF COLUMBIA, Be it enacted, etc., That, provided the owners of the "Kall" tract dedicate . Washington, January 6, 1899. the land in said tract contained within S, Twenty-.seeond, and Decatur streets.: DEAR SIR: The Commissioners have the honor to submit the following_ on the Commissioners of the District of Columbia at-6 authm·ized and directea H. R. billlll61, Fifty.fifth Congress, third session, for the extension of New to open ana extend said streets through lots 4l'and 42 of Phelps au.! Tuttle's 944 CONGRESSIONAL· ~ECORD-HOUSE. JANUARY 23, subdivision of Connecticut A venue Heights, part of Widow's Mite, by con­ demnation or purchase, and for the purpose of such purchase or condemna­ - ';['he ?ill .as all?-ended was

Forest Glen on the northwest, and Chevy Chase on the west, which is in ad­ a very effective and convenient manner is to do so -by getting an dition to opening a large territory that has now no internal road facilities. appropriation through Congress to open a street or an avenue, It further appears that under present conditions access for the public to Rock Creek Park has been but little provided for and that there is no means thereby increasing the value of the adjoining property. Perhaps of access now existing to the large portion of the park north of the military that may be a good thing in its way, and may not be the motive road. The roadway provided for by this bill gives an entrance to the pu_blic behind this appropriation. But I would like to have some further from the two lines of electric cars (Brightwood avenue and Connecticut avenue lines) into this upper and larg~r _portion of Rock_Cr~ek Park. . light on the subject than that offered in the report which has This bill was referred to the CommiSSloners of the DIStrict of Columbm, been read. I see that it proposes to take one-half of the amount who. in reporting upon it favorably to your committee, say: out of the United States Treasury to pay for the construction of . "The northern corner of the District of Columbia has no east-and-west roan the road, and we certainly ought to be furnished with all of the r1;1nning across it, and there is no way for P.~ople to pass fr~m one side of Rock Creek Park to the other north of military road. · Th1s lack of road facts connected with it, whether the bill is one t.hat ought to be facilities is a serious inconvenience to the public generally, and is believed to passed or one that we should reject. be a business disadvantage to the inhabitants of this portion of the District of ColumLiaand also of the neighboring portions of Maryland. It is believed Mr. CURTIS of Iowa. The gentleman, no doubt, listened atten­ that the construction of the road named in the bill would be of great public tively to the reading of the report and is able to answer the ques­ benefit to the people of the District in general, and to the people in this por­ tion he himself propounds. tion of the District and adjacent parts of Maryland in particular." I would only say that serious complications in the past have The bill was also referred to the board of control of Rock Creek Park. That body also submitted a report strongly in favor of tp.e proposed road, in part arisen in the matter of opening these streets. The northern bound­ as follows: ary of the District, in whic4 is located Rock Creek Park, is at an - •:< The northern portion of the park is now entirely inaccessible, there being angle projecting into Montgomery County, .Md., and there are no ~ublie highway leading to it, and there is no way for vehicles within its limits. The park, extending as it does to almost the northern point of the three separate and distinct jurisdictions, namely, the authorities · District, serves as a barrier between the portions of the District upon each of Montgomery County, Md., the commissioners in charge of the side, and also to the adjacent portions of the State of Maryland. A highway Rock Creek Park, and the Commissioners of the District of Co- through this portion of the park is greatly needed for the improvement of the park itself and also for the relief of the people living upon each side lumbia. - thereof. * * * The board is of the opinion that the improvement is a highly Now, concurrent legislation has, up to this time, been-very diffi­ des1rable and meritorious one." cult, if not impossible. I call the attention of the gentleman to . Your committee have also received a communication from the county commissioners of Montgomery County, Md., by which it appears that said the fact that t~ere are two direct lines of travel to this part of commissioners have already taken actwn for the relief of the aforesaid large the District, Brightwood avenue and Connecticut avenue, the p ortion of Montgomery County, Md., and the D~ s ~x:ict of Qolumbia· whic_h former on the west boundary and the latter on theeast boundary. have so long suffered for the lack of the road facilities provided for by this bill. In their communication the county commissioners of Montgomery Upon both these roads there.are trolley cars to and beyond the County say that they have passed an order to the effect "that the provisions District line. Now, between these two means of communication of said bill are designed to meet a distinct need of the people residing in that north and south there is a territory 2! miles wide and about 4 · portion of said District mentioned in said bill and in that portion of said Mont­ gomery County adjacent to the District of Columbia; and that in the event miles long, or an area of 9 square miles, in which there is no road of 'the passage of said bill by the Congress of the United States the said county east and west through this park, and in order to secure the build­ commissioners will at once construct within the limits of said county the ing of these roads for about 2t miles it would be necessary to }Jroper roads to carry out the full purpose of the said bill" · This bill designates the lines upon which the roadway shall be constructed have concurrent legislation on the part of the Maryland authori­ and substantially as already agreed upon by the authorities in control of the ties and the Congress of the United States. Let it be understood three jurisdictions affected, with power, however, in the District Commis­ that the land n~cessary within the District of Columbia and out­ sioners and the board of control of Rock Creek Park to vary the line of the side of Rock Creek Parlr is to be donated in a manner entirely roadway as may seem to them advantageous with a view to public conven­ :¥Jnce and economy of construction. satisfactory to the ·commissioners of the District of Columbia. · Such discretion seemed advisable in order to meet su~gestions that may be This bill has the approval, in writing, of the park commis- · hereafter made from the authorities in Montgomery County, Md.; otherwise sioners, and the approval of the Commissioners of the District of the ro_adway in the District will substantially follow the streets as laid out on the street-extension plan of sections 1 and 2, this plan covering the portion Columbia. The supervisors of Montgomery County, :Md., have outside of the park. addressed a communication to this committee in which they say The construction of the road within the park is placed by the bill wholly they propose to cooperate. A part of the letter is copied in the · under the control of the board of control of Rock Creek Park. _The road and right of way within Roek Creek Park will remain under the control of ·that report of the committee. Now, I presume it must be apparent to l:ioard. The right of way outside of Rock Creek Park is to be donated by the all that this legislation is desirable, and I hope our friends will present owners to the United States in such manner as may be satisfactory not object on account of the small appropriation which is neces­ to the Commissioners of the District of Columbia. Your committee have also received petitions from citizens of the District sary. of Columbia and of Montgomery County, Md., urging the relief granted by Mr. DOCKERY. If the gentleman will permit me- this bill. . __. Mr. CURTIS of Iowa. I yield to the gentleman from Missouri. The bill provides an appropriation of $10,500, to be expended by the Com· missioners of the District of Columbia to grade and construct the portion of Mr: DOCKERY. I notice that this carries an appropriation of the roadway within the District and outside of the park. It also provid~s $16,500, one-half of which is to come out of the pockets of your an appropriation of $6,000, to be expended by the board of control of Rock constituents and mine, and that appropriation only provides for Creek Park for the constructiOn of the bridge, a-pproaches, and roadway grading, shaping, building culvel'ts, and constructing a bridge within said park. A ccording to the estimates subrmtted by the Commission­ ers, these amounts, $16,500 all told, are sufficient for grading, shaping, build­ acro.ss Rock Creek. There is no estimate as to the amount of ing culverts, constructing the bridge across Rock Creek, with the approaches money neCessary to macadamize the road after it is graded and to the same, but is not sufficient to macadamize any part of the roadway to shaped. Then, with entire respect to the gentleman; I am not be constructed. Your committee are of the opinion that the portion of this road over which quite sure that we want a.ny road. Certain it is, I am satisfied, there would be heavy hauling of farm products from the neighborhood of tbat with the number of right-of-way bills that this committee· Linden and Forest Glen, in Montgomery County, should be macadamized, or has passed to-day we ought to call a halt just at this point. I that 20 feet of this portion of the road way should be macaclamized, but it was -deemed best not to increase the appropriation for that purpose. confess to a degree of selfishness in the matter. I have sat here Your committee concur with the Commissioners of the District of Colum­ and seen this committee appropriate the revenues of the District bia, board of control of Rock Creek Park, and the county commissioners of of Columbia, but as the appropriation was asked and urged by • Montgomery County, Md., in regarding this measure as desirable and meri­ torious and providing for a roadway that has long been needed. the Commissioners charged with the government of the District; The portion of the District of Columbia affected by this road way is of con­ perhaps it woulil not have been gracious to' have objected; but siderable extent, including several miles of the upper part of ·Rock Creek when you submit a proposition to open a road through a park, and Park, none of which territory has yet receh-ed the benefit of internal road construction, thus involving loss to the public, as owning the park, as well proposing a tax of $1:3,250 on our people, with further taxation to as injury to the local taxpayers. constru9t the road after you secure the right of way and shape it This hitherto impassable area, 4 miles long over all jurisdictions, has, up, I think we have.reached the point where the committee ought moreover, been an obvious and serious inconvenience to the neighboring to cease their efforts in the line of road making and road opening population within the District of Columbia and in the adjacent portion of the State of Maryland. for this day. I suggest that in all good faith. The annexed communications, referred to h eretofore, are made a part of Mr. CURTIS of Iowa. Let me suggest to my friend from Mis­ this report. souri that the Committee on tbe District of Columbia have been :Mr. CURTIS of Iowa. I yield to my friend from Kansas, whom exceedingly modest in the matter of recommending appropria­ I understand asks to be heard on this question. tions. This committee have spent great time in the consideration Mr. SIMPSON. I find this bill appropriates in all some 816,500 of these bills. We ha.ve endeavored to report to the House only for the opening of this road, not only through the Rock Creek Park, such bills as we found to be worthy. There was some hesitation but to the District lines. The plea set forth in support of the bill on the part of the committee to report this bill with the -appropl'i· is that the road will be of great convenience to the people living ation as stated, but inasmuch as the bill was considered to be outside of the District who have occasion to come into the city and especially worthy, and its passage was urged by all the authorities will shorten the route which they must traverse. having jurisdiction at this point as well as the citizens, we believed It is a little bit singular to me that they have just made the dis­ that my friend from Missouri would not make objection on ac­ covery that this is of gi'eat importance. People have been coming count of the small appropriation. here year after year, and apparently have been successful in get­ Mr. DOCKERY. I do not sav that the· committee have not ting here, without asking such a provision as this appropriation made their recommendations in aproper manner in reference to contemplates. It is very well understood, I think, that whenever the local appropriations to be paid by as9essments against- the a property owner or a real-estate owner who wants to increase the owners of abutting property and out of the revenues of the Dis­ VHlue of his lands desires to seek a way to accomplish that end trict at points where the public necessities req_uire it; but I da

XXXII~60 946 CONGRESSIONAL RECORD-HOUSE. JANUARY -23,

say-and in making the statement I do not desire to be understood On the invitation of some friends, I spent a day in passing Ul> as criticising the committee-that there has been some local pres­ through the park. That was before the park was made there. SlU'e exerted in the selection of the points for which appropriations And I must confess at that time, and, so far as I know, at this time, have already been made out of the District revenues, and very that section of the country needed some crossroads. Anyone can proper local pres~ure. I do not say there has been any improper be taken through most of that country blindfold and then brou2ht local pressure, because I have been subjected to a little gentle to light, and, without any information as to where he is, coUld pressure myself to-day, and I suppose the committee are like the readily believe that he is in a mountainous country that is simply balance of ordinary mortals, where the pressure is strongest they splendid so far as scenery is concerned; and at that time there was are most likely to vield. a very long stretch of country where there was no road across from Mr. SIMPSON.· It seems to me that we are doing a good serv­ the Rock Creek or Silver Spring road ac1·oss Brightwood avenue. ice to the committee, knowing as we do this local pressure by If there has been nothing done since that time-- interested parties, und lmowing the proverbial good nature and Mr. CURTIS of Iowa. There has been nothing done. benevolence of the gentlemen composing that committee, and how Mr. CANNON. To consti·uct a road through there, there ought they are liable to give way to these importunities-! think we are to be one or more roads constructed across this park. I do not doing them a service by coming to their rescue. know exactly what the course of construction woulcl be, across Mr. HENRY of .Mississippi. I should like to inquire whether the bridge or not, but it would be an improvement of a kind this is a mutual-admiration society? [Laughter.] which would enable the public to cross through that park and go Mr. JENKINS. I want to ask my ftiend from Missouri a ques­ through it; and as between this and many other improvements, if tion, and it will be partly answered by asking my friend from there were a proposition for this road, I should certainly vote for Kansas if he can give time, place, and the people who are making the road as being of more importance than some that we have this pressure upon the committee? I want to assure all my friends made or are making. on the other side of the Chamber, who seem to be afraid of pres­ Mr. JENKINS. I want to say in reply to the gentleman from sure, that there has been no pressure brought to bear upon us, and Illinois [Mr. CANNON] that !respect his integrity and his knoirledge perhaps that is due to tbe fact that we were not open to negotia­ of these matters very much, and I should be largely influenced by tions. [Laughter.] This committee has disposed of these casea his judgment. At the same time, 1 have the very highest respect just exa-Ctly as they thought duty called on them to do. Now, no for the gentleman from Missouri [Mr. DOCKERY]. But I want to one has appeared before this committee to ask for this individ­ say to my friend from Missouri, who seems to be disposed to op­ ually, but it has the indorsement of .some of the highest men in pose this measure, that I want him to be charitable with us and the employ of the Government. If my friend from Missouri will bear in mind that the officers of this District who are charged notice, it has the approval of Gen. John M. Wilson, brigadier­ with this important duty recommend it, and that when they rec· general and Chief of Engineers of tho United States Army. Now, ommend to us a measure, we can not stand out against their judg­ if any pressure has been brought by individuals to do injustice to ment unless we have some information that would justify us in someone for their benefit, it must have been done by these officers; setting up our judgment in this House as against the judgment of and while-- the Commissioners, who are sworn officers of the law, charged Mr. DOCKERY. I was not referring to this bill. with the important duty of looking after the interests of this Mr. JENKINS. I do not think it is fair to say that these gen­ District. tlemen, in their absence and inability to defend themselves at this We took all the information that came to the committee, and time, made recommendations to this House on account of some this measure met my approval. That does not mean that it is pressm·e brought upon them. Of course this House and the right, but I did the very best I possibly could to ascertain all the­ country understand that this committee is one of the most diffi­ facts, and felt that the matter submitted to us was sufficient to cult committees in the House of Representatives. There is a lot justify the committee in recommending to this House the passage of local legislation, and it is difficult at times to acquire the infor­ of the bill as recommended by the officers who have it in charge. mation that we ought to have. We are largely guided by the I want to ask my friend from Missouri [Mr. DoCKERY] a private recommendation of officers charged with an important duty and and personal question: Is he willing to disclose to us the gentle· exercising their duties under oath of office. men who are bringing pressure upon gentlemen of this Honse for There is no other way for us to obtain this information. When the passage of the bill? If he will disclose it to us, whether they they bring in their recommendation for the passage of this bill, I are ladies or gentlemen, we will suspend operations, hunt them know we can. safely follow the judgment of the gentleman from up, and find whether they are approaching members of this House Missouri [Mr. DocKERY], and if he knew nothing, I want to ask improperly. him at this time to assure us he knew nothing about it. It is a Mr. DOCKERY. Never having made a statement of the kind very difficult thing in the Committee on the District of Columbia to which the gentleman has referred, I do not feel called upon to to do our exact duty, to do exactly what is right without perhaps do more than state this fact. I never stated that anyone had ap­ doing something wrong. It is one of the hardest things that a proached me or approached othm:s in reference to this bill. On man ever attempted to do to dispose of our arduous duties here in the contrary, I stated that I had been under the influence of '' gen· this District; but where we have men in the employ of the United tie pressure," proper pressure, in reference to other biils. States, charged with authority, men of high standing, getting Mr. JENKINS. Will the gentleman from Missouri yield for a large salaries from the Government, who have approved this moment? I understood the gentleman to allude to this bill. measure and brought it to our attention, and said it was for the Mr. DOCKERY. No; I had no reference to this bill at all. best interests of the District and the people of this country, it 1\Ir. JENKINS. Then, Mr. Speaker, I desire to withdraw all stands out largely as a valuable improvement, and we are inclined remarks of mine in reference to that matter. to follow their judgment. Why, an old gentleman from my dis­ Mr. DOCKERY. The reference I made was to a citizen and was • trict, this morning, who came down here to look over Washington, entirely a proper one. He was interested in a certain section and said: "Why, the people of this con.ntry do not know anything desired a. certain street opened, and I do not know of any law that about the beauties of Washington." He said: "They may read prevents a citizen of the United States from presenting his views about it all the days of their life and never know anything about in respect to such matt-ers to any Representative in Congress. I it until they come here and see what they own." only adverted to it as an illustration of the fact that there is usually Now, that is due to the fact that they have had honest, disCl'im­ local pressure, not only in reference to streets, but almost every inating men, who have enabled the District to acquire these bene­ other subject of legislation. Mr. Speaker, if I understood the fits. Now, Mr. Speaker, it seems to me, with all due respect to gentleman from Illinois [Mr. CANNON] correctly, he stated that my friend from Missouri, that his objection here stands right in he had been over the ground and was satisfied that this was a the way of granting an important improvement that will be very proper appropriation. beneficial for the city and cost the Government but a very small Mr. CANNON. I will say to thegentlemanfrom Missom·i that price. It is unanimously reported by the Committee on the Dis­ as to the exact point the proposed road is to cross Rock C1·eek trict of Columbia, after listening to all that has been said in the Park, I have no definite knowledge. Some years ago I did pass report that has been submitted to the House. through a portion of the territory that was made into Rock Creek Mr. CANNON. If my friend will allow me just a moment, if Park, from Pierce's Mill north-- I understand this bill, it provides for the construction of a road Mr. RICHARDSON. Did that include the Zoo? [Laughter.] from Brightwood avenue to some point that I am not quite clear MI·.CANNON. No; thatwaBtothesouth. Ididnotgoamongst about in a western or northwestern direction across Rock Creek the animals. [Laughter.] There is a tract of counti·y, which was Park. Now, Ionlywant to saythat I amsomewha.tfamiliar-not afterwards made into a park by legislation, that is simply magnifi.· very familiar-with that section. Once I spent a day from the cent; and at that time there was a considerable stretch of it·th.at old Pierce Mill road-I do not know whether that has been dis­ was not improved by the construction of roads through it in any continued or not; it was temporarily discontinued for repairs­ direction, perhaps, if you except one road that runs from Bright· somewhat south from this proposed road, south of Brightwood wood across Rock Creek. The gentleman, no doubt, is familiar avenue; that is, passing from the avenue south of Brightwood with that. road to the Rock Creek road, and from there north up to the Dis­ Now, it goes on still farther north. My recollection of that day trict line. is a very pleasant one, because. it was like a revelation to me so

I 1899. CONGRESSIONAL RECOR.D-HOUSE. 947

far as the scenery was concerned. I thought, even at that time, economy as Jefferson did, and Reform Republicans. The vast­ that there might well be constructed, without great expense and and ever-increasing expenditures on account of the National with profit to the public, two or three or more roads across that Government will then be reduced. When that time comes, some territory. I understand that this road is from Brightwood ave- gentlemen may call for the rocks and mountains to hide them nue, going west or nm·thwest across the park, and without under- from the faces of outraged constituencies. The people will then standing definitely just the point where it crosses, I do in a general tear down the pillars of the temples that shelter Representatives, way, and I am inclined to vote for the bill from my recollection if there be such, who have been unfaithful to their trusts. of the territory in the park, as well as from the recommendation [Applause.] of the committee. Mr. JENKINS. Allow me to say to my friend that I trust he Mr. VINCENT. Will the gentleman yield to me for ·a ques- will not oppose the passage of this very just and necessary meas- tion? ure because he fears that if such bills as these pass they will Mr. CANNON. Certainly. brmg Populists to Congress. It is necessary that we should have Mr. VINCENT. Does the land through which it is proposed some Populists in Congress, and I felt very bad when I read in the to build this road belong to the Government? newspapers that my distinguished friend from KanEas [Mr. SmP- ::M:r. CANNON. It is known as Rock Creek Park, and is dedi- SON] was retired. cated to the public, as I understand it, by legislation. It was M.J.·. SIMPSON. I felt bad myself. [Laughter.] created by legislation. . Mr. JENKINS. I think my friend from Kansas is a very val- :M:r. JENKINS. It is a public park. nabla man here. I have no objection to having here men of dif- Mr. DOCKERY. The park was purchased for the Government ferent minds and opinions. some years since at a cost of $1,200,000, one-half of which was to But I want to call the attention of my friend from Missouri. be paid out of·the revenue of the District and one-half out of the particularly to this point, that the amount involved in this bill is general Treasury. At that time the revenues of the District were comparatively small when we consider the great benefit that is not sufficient to meet the District's part, and so the Government going to be done to this city. If it was proper that we should advanced the money for the District. Since that time, however, trim down, it ought to have been done some time ago. It is too that advance has been reimbursed from the revenues of the Dis- late now to talk about reduction of expenditures at the expense of trict. I know nothing about this bill, but I am quite willing to the beauty and progress of this great city. This House appre­ follow the judgment of the committee, reenforced as it is by the ciates what my friend from Missouri has done in the interest of personal knowledge of the chairman of the Committee on Appro- economy, and I think a grateful country will appreciate it. But priations [Mr. CANNON]. we may possibly go to extremes in measures of economy. I know I have never been in that section of the District, but it did occur that it is the desire of the gentleman from :Missouri, before here­ to me that with an estimated deficiency of $112,000,000 for the tires from Congress at his ~wn pleasure, to do all that he possibly present fiscal year, Congress could well afford to postpone a proj- can to lessen expenses. But he must remember that behind his ect designed m erely to beautify parks and improve roads passing judgment there is the judgment of men who, under their official through parks until a more convenient season, when the revenues oaths, are charged with the important duty of making recom­ of the Governm-ent shall be equal to its expenditures. Of course, mendations here for the improvement of the District-men of Mr. Speaker, I can not dete1·mine just where the House should high position who are looking after these matters. ''call a halt." I have thought as we journeyed along the line of 'l'he District Committee have given this measure their approval. tbese appropriations that it should have been called long, long ago. I therefore beg the gentleman to consider well before urging ob .. But there seems to be no general disposition to "call a halt;:' and, jection to the passage of a bill that is going to prove very bene:fi­ in my opinion, with lavish appropriations and expenditures rnn- cial to this city and at the same time not impoverish the Treasury. ning in every direction and through every branch of the public And I want to say to my friend that if I wanted to give any pres· service, we shall go on and on until it finally becomes necessary to ent, any enduring pleasure, to a gentleman or lady n·iend of mine, pass another war-revenue act; that is to say, a revenue bill made I would invite such a one to visit the city of Washington at any necessary by a war which is constantly being waged against the time of the year, for it must pay anyone ro come here. Such a monev of the people in the Treasm:y of the United States. visit is an education. Yon can not find any lady or any gentleman Mr: Sll\!PSON. And there are the 20,000,000 "yellow bellies" of intelligence who ever came here without approving what had that we pay for, too. [Laughter.] been done for improving and beautifying the seat of the United Mr. DOCKERY. Certainly; those twenty millions will come States Government. And this little measure tends in that direc- later on. 1 tio-n. I do not know when'' the powers that be" in this House and Mr. MUDD. Mr. Speaker, I would like to say a word in re- the other end of the Capit.ol intend to put a check upon riotous spouse to the remarks of the gentleman from Kansas [Mr. SIMP­ appropriations. I find almost everywhere a disposition to say, SON], who seems to be laboring under the impression that this "Oh, well, let it go." With each successive bill that is presented roadway is proposed because it may in some way benefit cert.ain the story is repen.ted, "Let-it go; let it pass." It is true we have landholders in the District of Columbia, and possibly some land­ now about two hundred and ninety-three millions in the Treasury, holders in the State of Maryland, and that we should take into 'two hundred millions of which was borrowed at 3 per cent under consideration the fact of the ·expenditure in connection with those the authority of recent legislation. persons who are t-o be benefited by it as forming a grounawork of Mr. VINCENT. We can borrow more. opposition to the bilL Mr. DOCKERY. Certainly; the Treasury Department has the Now, that portion of the roadway which will be built outside :rig-ht to borrow two hundred millions more. of the District of Columbia, in the county of Montgomery, in the In pronouncing this criticism, I do not desire to expend its force State of Maryland, would be largely in exeess of that built in the especially at this bill. I do say, however, that in the immediate District of Columbia. It would, perhaps, have to be constructed future the representatives of the people must awake to the fact that within Montgomei;y County to the extent of some 8 or 10 miles, every dollar voted out of the Treasury is taken from the pocket of while there will be only some 2 or 21- miles within the District. some taxpayer in this country. I know this is a somewhat anti- So that advantage is largely in favor of the District and not in qnated statement-no-t likely to provoke applause, as did the" anti- favor of the State of Maryland or the county of Montgomery, and qua ted" statement referred to on this floor a day or two ago. I tis there is not, therefore, any inequality or inequity in the matter an old, old story oft repeated, and yet it is true, that the public of comparative expenditures between the county of Montgomery money is collected from the people, except that which has been bor- and the District of Columbia in the construction of the road. rowed by the issue of bonds; and these bonds mustbepaidlateron The gentleman from ,Missouri [Mr. DocKERY] objects to the by hard-earned tax money. So I insist, Mr. Speaker, that gentle- bill because of the fact that it takes money from the public Treas­ men on both sides of this Chamber who earnestly desire to secure ury. I understand that to be the case of course, and it is not judicious economy should have the approval of the House rather necessary to discuss it in this connection. Bnt I do not think the than its criticism when they seek to stay the ti.de of riotous ex- assertion or intimation that this is a departure from the custom penditure. that has obtained since the adoption of the organic act of 1878 Yet, sir, it has come to pass in some places that the phrase " a ought to be passed over without notice. watchdog of the Treasury" is often a term of reproach. It is a Mr. DOCKERY. I did not complain of the provision, if the role that no gentleman likes to play, because it invites criticism 5entleman will permit me. If the bill is a proper one, it is prope1· rather than commendation. Nothing but a stern sense of .public to make the appropriation one-half from tha revenues of the Dis­ duty would compel Representatives under these conditions to trict and one-half from the Government's revenues, for the reason guard the Treasury. But, Mr. Speaker, some time very soon-it that this park was originally purchased under the provisions of will not be long at the present rate of expenditure-the time will that act. come when Congress must either pass another bill raising more Mr. MUDD. But I thought the gentleman meant to complain taxes by customs duties or internal-revenue taxation, or else re- of the fact that money was taken from the Treasury of the.United duce expenditures; and then the people will wake up. They are States to pay for this improvement. long-suffering, it is true; but when thus aroused they will send Mr. DOCKERY. I do ·complain of the money taken from the to Congress Populists, if need be,. and Democrats who believe in Treasury of the United States, of course. But if the appropriation 948 CONGRESSIONAL RECORD-HOUSE. JANUARY 23,

is to be made under the terms of the original act for the purchase On motion of Mr. PERKINS, a motion to reconsider the last of the park property, in connection with the organic act, the ap~ vote was laid on the table. propriation should be, I claim, one~balf from the revenues of the ORDER OF BUS! ESS. District and one-half from the public Treasury. Mr. MUDD. My contention is against the assertion or the im~ Mr. PAYNE. Mr. Speaker, a parliamentary inquiry. The pression that this is something in the nature of a new departure regular order would be, I suppose, the call of committees. If so, or the establishment of a new system of appropriations for such I desire to have the regular order. public improvements as this. That is not the case. The SPEAKER. The gentleman from New York Galls for the Now, Congress has in several recent instances taken all of the regular order. The Chair will first submit a House bill with Sen­ expenditures for the acquisition of land needed and condemned ate amendments. for the opening of streets within the District from the District PREVENTION OF SMOKE IN THE DISTRICT OF COLUMBIA. revenues, but for the construction of the streets and roads after The SPEAKER laid before the House the bill (H. R. 5887), for the title to the land necessary for the purpose bas been obtained the prevention of smoke in the District of Columbia, and for other a different question is presented, and Congress bas never yet ap­ purposes, with Senate amendments thereto. propriated, and, I apprehend, will not in future appropriate, for The Senate amendments were read. this latter purpose in any other way than upon the principle of Mr. CURTIS of Iowa. I move that the House concur in the a joint and equal expenditure between the Distr-ict and General Senate amendments. Government. This is not an appropriation to beautify or adorn The Senate amendments were concurred in. the city, as bas been stated. It is to open a much~needed roadway, the character of which, I suppose, will be left to the discretion NAVIGATION LAWS IN THE HAWAIIAN ISLANDS. of the District Commissioners. 1 do not apprehend that it will be The SPEAKER. The call rests with the Committee on Mer· asphalted or even macadamized, but that an ordinary, inexpensive, chant Marine and Fisheries. and unpretentious gravel bed will be provided, such as will meet Mr. PAYNE. Mr. Speaker, I am authorized by the Committee the requirements and the convenience of the people of that section, on Merchant Ma~ine and Fisheries to call up the bill (H. R. 11186) who greatly need this road. This bill is strongly approved by to extend the laws relating to commerce, navigation, and mer· everybody whose duty it has been to pass upon it, and ought to chant seamen over the Hawaiian Islands ceded to the United be passed. States. Mr. CURTIS of Iowa. I shall be glad to answer any further The bill was read, as follows: questions the gentleman may desire to propound in reference to Be it enacted, etc., That the laws of the United States relating to com­ the bill. If there is no other question to be asked, I ask a :vote merce, navigation, and merchant seamen are hereby extended to and over the island of Hawaii and all adjacent islands and waters of the islands ceded upon the bill. to the United States by the Government of Hawaii and accepted by joint The bill was mdered to be engrossed and read a thh·d time; and resolution of ()ongress, approved July 7,1898, so far as such laws may be ap· it was accordingly read the third time, and passed. plicable. SEC. 2. That the Commissioner of Navigation may make such regulations On motion of Mr. CURTIS of Iowa, a motion to reconsider the as he may deem expedient for the nationalization of aU vessels owned by last vote was laid on the table. actual residents of the islands ceded. as aforesaid, on the 7th day of July, Mr. CURTIS of Iowa. This concludes the business of the Dis­ 1898, and which continued to be so owned up to the date of suc-h nationaliza~ tion. -- trict of Columbia for to-day. SEC. 3. That the coasting trade between the islands aforesaid and any 1 CONGRESSIONAL RECORD TO CONGRESSIONAL LIBRARY, other portion of the United States shall be regulated in accordance with the 1 provisions of law applicable to such trade between any two great coasting Mr. PERKINS. Mr. Speaker, I would like to submit a couple districts. of resolutions from the Committee on Printing, and ask consent The Committee on the Merchant Marine and Fisheries recom­ for their present consideration. mended the fqllowing amendment: The SPEAKER. The resolutions will be read. In line 12 of page l.J strike out the words "actual residents" and insert in The Clerk read as follows: lieu thereof the wora "citizens." . . Resolved, etc., That the Public Printer be, and he hereby is, authorized I and directed to supply to the Library of Congress 6 copies of the daily CoN­ Mr. PAYNE. Mr. Speaker, yield to the gentleman from New GRESSIONAL RECORD, for use in the following departments: Librarian's of­ JerseyJMr. GARDNER]. fice, reading room, Senators' reading room, Representatives' reading room. Mr. ARDNER. Mr. Speaker, I offer the amendment which Mr. RIDGELY. Before consent is given, I would like to ask the I send to the Clerk's desk. gentleman a question. Are these volumes to be furnished the The amendment was read, as follows: Library bound or unbound? Amend by adding a new section, to be known as section 4, as follows: Mr. PERKINS. Unbound.; the daily RECORD. "SEC. 4. That the act approved February 26, 1885, • to prohibit the importa­ tion and migration of forei~ners and aliens under contract or a.~reement Mr. RIDGELY. And no provision is made for theh· binding? to perform labor in the Umted States, its Territories, and the District of Mr. PERKINS. None whatever. Columbia,' and the acts amendatory thereof and supplemental thereto, be, :Mr. RIDGELY. Would they have authority to provide for the and the same are hereby, extended to the Hawatian Islands." binding themselves? I think it might be as well to have them Mr. PAYNE. Mr. Speaker, when this bill was up the other bound. day-- Mr. PERKINS. This, I will state to the gentleman, is in the Mr. HOPKINS. I should like to have that amendment read form of their request, and it is a Sena~e resolution. again, if there is no objection. There being no objection, the Senate resolution was considered, The SPEAKER. If there be no objection, the amendment will and was ordered to a third reading; and being read the thh·d time, be again read. it was passed. The amendment was again read. On motion of Mr. PERKINS, a motion to reconsider the last 1\Ir. KNOX. Mr. Speaker, I make the point of order that that vote was laid on the table. amendment is not germane to the bill. This amendment is to REPORT OF DIRECTOR OF MINT. extend the labor law of 1885 to those islands, and unanimous con­ sent was asked this morning for the consideration of it, and I Mr. PERKINS. Thereisanotherresolution, Mr. Speaker, which objected. It is now offered, as I understand, as an amendment to I ask to have read. a bill extending the navigation laws. The Clerk read as follows: · Mr. PAYNE. Yes. Houee concurrent resolution No. 48, to print -additional copies of report of Mr. KNOX. I make the point of order against the amendment Director of Mint. that it is not germane to the·bill. Resolved, etc., That there be printed and bound in cloth 6,000 additional copies of the report of the Director of the Mint for the fiscal year ended June Mr. GARDNER. Does the gentleman contend that the House 30,1.898: 1,000 for the use of the Senate, 2,000 for the use of the House of Repre­ can do by ones what it can not do by twos? sentatives, and 3,000 for the use of the Director of the Mint. Mi. PAYNE. There is a question whether the point of order There being no objection, the resolution was considered. comes in time, as I had started to debate the bill and yieldea to Mr. UNDERWOOD. Was there not objection to this resolution the gentleman. - the other day? The SPEAKER. The Chair thinks the point of order comes in Mr. PERKINS. I called this up the other day, and the gentle­ time. . man from Georgia [Mr. LIVINGSTON] made objection, but since Mr. PAYNE. Then I submit it to the Chair. then he has informed me that he would make no further objection. The SPEAKER. If insisted upon, the Chair will rule that the Mr. UNDERWOOD. I understood the gentleman from Texas point of order is well taken. - [Mr. B..ULEYl had objected on this side. Mr. KNOX. I insist upon it. Mr. PERKlNS. Oh, no; the objection was by the gentleman Mr. PAYNE. Mr. Speaker, on the consideration of this bill two from Georgia [Mr. LIVINGSTON]. or three weeks ago I made the point of order against the amend~ Mr. UNDERWOOD. I have no objection myself, if other gen~ ment which has now been offered that it had not been considered t1emen on this side do not. by any committee of the House. Since that time it has been con­ There being no objection, the resolution was considered and sidered and amended, and brought into the House with the report agreed to. of the committee, and now the point of order bas ~een raised by .

1899. CONGRESSIONAL RECORD-HOUSE; 949 '

the gentleman from Massachusetts [Mr. KNOX] against the amend­ Mr. PAYNE. Well, Mr. Speaker, this is all very interesting, ·: ment offered by the gentleman from New Jersey, and that has but it has nothing to do with this bill. . gone out on a point of order. · Mr. HOPKINS . . That is what I want to know, and that is the The SPEAKER. The Chair understood the gentleman from purpose for which I rose and made this suggestion. . Massachusetts [Mr. KNox] to come forward to raise the point Mr. PAYNE. If I can have the attention of the House I will when the proposition was made to reread the proposed amend- explain. This bill is a bill to grant a registry of vessels owned by · ment for the information of the Honse. · citizens of the Hawaiian Islands at the time of the cession of those Mr. PAYNE. And the amendment having gone out on the islands last July. It does not attempt to define who ar e citizens, point of order, I move the previous question on the bill and the or to establish the rights of citizenship, or anything of that kind. amendment offered by the committee. It simply extends our navigation laws to those islands. That is M-r. HOPKINS. I trust my colleague will not do that, because all the bill proposes to do. · I think this is a matter that ought to be carefully considered. We It was thoroughly considered by the Committee on' Merchant . have no legislation relating to the Hawaiian Islands at the present Marine and Fisheries, of which committee the gentleman from time-- Illinois [Mr. HOPKINS] is an honored member. ·The bill was re- : Mr. PAYNE. I will yield to the gentleman from Illinois [Mr. ported and has been before the House for a long time. It was the · HOPKINS] such time as he desires. unanimous report of the committee, and the chairman of that The SPEAKER. The gentleman from New York yields to the committee was authorized by a unanimous vote to call it up in . gentleman from Illinois. · · the House. It was called up before the holiday recess, and then Mr. HOPKINS. Ididnotriseforthepurposeofmakingaspeech, withdrawn, because some question was made about attaching an . but for the purpose of making the suggestion that we have no gen­ amendment to it in relation to the labor law, and a quorum was · eral legislation regarding the Hawaiian Islands at the present not present. time. We have not under taken, as I understand it, to fix the If the gentleman from Illinois had noticed further, he would political status of the people of those islands. As I understand have seen that the gentleman from New York who is advocating the Constitution and laws of our country, they do not extend to the bill was anxious that the gentleman from New Jersey [Mr. _ the people of this newly acquired territory unless by affiriQ.ative GARDNER] should add this amendment to it, which, though not action of Congress, and I think it is quite important for the mem­ germane under the rules of the House, would have settled the . bers of this House, in considering legislation relating to these status of the laborers in the HawaHan Islands; that amendment islands, to look to it and see that the Chinese, Japanese, and other was being read when the gentleman came into the Hall, and was classes of degraded labor existing there are not given the status ruled out on a point of order and is now no part of the bill; so the of American citizens. bill as it now stands simply extends the navigation laws, and the · What I desire to know of the gentleman in charge of the bill is laws relating to seamen! to the Hawaiian Islands as of the date of whether this question was submitted to the committee at the ~me July 7, 1898. It is necessary to do this, because the very act by this bill was considered, and whether, in the opinion of the chair­ which the islands were annexed to the United States specially ~ man cf the committee and the other members who were then pres­ provided that these laws should not extend over the Hawaiian ent, if it becomes a law, it will change in the least the status of Islands. So, if there is any question about the decision of the that character of labor. As an American citizen, I am not will­ Supreme Court, under the laws of Congress it is expressly provided ing that any legislation shall go through this House by my vote that certain laws do not extend to the Hawaiian Islands. that. will give those people a status as American citizens, that will Mr. BERRY. Will the gentleman from New York allow me? put them in a position where-they can come to the United States Mr. PAYNE. Yes. . and engage in any industrial work in competition with American Mr. BERRY. I understand the gentleman to say. that the bill labor. With these remarks, Mr. Speaker, I will reserve the bal­ was reported favorably from the Committee ·on Merchant J\~arine : ance of my time and ask for an explanation. and Fisheries which proposes to wipe out the statute of 1792 aiid . Mr. JENKINS. I desire to ask the gentleman from Illinois a allow certain vessels an American register, and proposes to giye question. - · it to the Hawaiian Islands in advance of giving it to·the.citizens ! The SPEAKER. Does the gentleman from New York [Mr. of the United States who are owners of ves8els built in· foreign . PAYNE] yield? .. ports? · · .- J Mr. PAYNE. I will yield to the gentleman from Wisconsin to Mr. PAYNE. The gentleman can draw any conclusion he sees ask the gentleman from Illinois a question. fit. Mr. JENKINS. I want to ask the gentleman from Illinois if I Mr. BERRY. Does it not give to the people of the Hawaiian ~ am to understand by his remarks that the annexation of Hawaii to Islands what is refused to the people of the United States?·- ' the United States does not confer citizenship upon those people? Mr. PAYNE. I will answer the question. . The Hawaiian Is- · Mr. HOPKINS. In my judgment it does not. The Supreme lands have become a part of the United States, and this-bill prO:. Court of tne United States say it does not. In every instance poses to give them whl:l.t was done in the case of Alaska, what. was .~ • where we h~v~acquired foreign territory the political status of done in the case of the Louisiana purchase and every other ·an- ; the subject or _citizen has been fixed by treaty stipulation, and in nexation of territory to the United States. · The bill.is in precisely this instance, as I understand-! may not be properly informed the same language and follows exactly the precedent in those case·s. upon the subject-! understand the annexation of these islarids The law of 1792 is in no wise infracted by this act of legislation. · has not fixed the political status of a large class of-the people of The same thing was done early in the century in the Louisiana those islands. · purchase. · M.r. JENKINS. Then I am to understand from _the answer. of Mr. BERRY. I want to ask the gentleman now if the passage of the .gentleman from Illinois that they are a struggling lot of this amendment would not give the people, the owners'9fvessels. babies out there until some legislative action is taken. living in the island of Hawaii, privileges. which the people of the· Mr. HOPKINS. They are not babies by any manner of means; United States have not in the United States? - they are subjects of those islands, but the simple annexation does Mr. PAYNE. Well, now the gentleman asks that guestion. . Of not by that fact' alone give them the sacred rights of an American course an American citizen could not get a vessel registered in the citizen; that is aright that can be extended to them by legislation, United States that .was built abroad unless by act of ·legislation. or withheld, as Congress shall determine. The rights and privi­ These vessels owned by these citizens of Hawaii, which has become . leges of an American citizen under the Constitution of the United a part of the United States, can not be registered under our flag · States can be acquired or exercised by the people of those islands except by act of Congress. Congress did that in the early part of only by appropriate legislation of Congress. The reason I rise to the century i.n regard to Louisiana, and has done that ever since. · challenge the attention of the chairman is as to whether this legis­ Mr. KNOX. Will the gentleman allow me? The second see- · lation will indirectly give a certain class of people in these islands tion provides: what I am not willing shall be extended to them by direct legisla- That the Commissioner of Navigation may make such reglllations ashe may, ti~. . . deem expedient for the nationalization of all vessels owned by citizens of the · Mr. BLAND. Will the gent leman from. Illinois allow me a islands ceded, as aforesaid, on the 7th day of .July, 1898, and which continued . question? to be so owned up to t he date of such nationalization. . Mr. HOPKINS. Certainly. Now, in the proposed bill provision is made that all vessels carry- · Mr. BLAND. Does the gentleman not think, as a lawyer, that ing Hawaiian registers, permanently or temporarily, shall be en­ the Constitution and laws of the United States extend over all its titled to be registered as American vessels. territory? Mr. PAYNE. Yes. Mr. HOPKINS. The Supreme Court of the United States has Mr. KNOX. Now, this bill, as I understand it, gives the right held- to American registry to citizens who owned vessels on the day · Mr. WHEELER of Kentucky. In what case? stated in your bill. It appears in evidence that in anticipation of · Mr. HOPKINS. It has been held_by the highest judicial au­ the passage of the annexation resolution, and in anticipation of thority that simply acquiring territory does not give the people the annexation of Hawaii to tlie United States, very macy persons· living in that territory the rights of American citizens. · in Hawaii bought vessels in large numbers for the purpose· of 950 CONGRESSIONAL RECORD-HOUSE. JANUARY 23,

obtaining American registry withou tconforming to the American man could be a -citiz.en of a State without being a citizen of the rules as to the registry of vessels. Evidence has been heard upon United States, but that condition was terminated by the fourteenth that point, and out of the number of vessels that were bought for amendment; and if those people are citizens of the Hawaiian Is· that purpose there were only three cases in which the committee lands, they must be citizens of the United States. It appears to was satisfied that the vessels were bought in good faith, with no me not exactly just and equal treatment to accord to these people knowledge of the annexation resolutions, and never hearing of it, of the smallest and least important part of the United States a and with no purpose to evade thB American 1·egulations as to reg­ privilege withheld from people of the entire United States outside istry of vessels. of those islands. Now, I think it is a most dangerous precedent to establish here, Mr. HITT. But the bill provides for action in regard to per­ to say that persons who owned vessels, citizens, before that date sons who were citizens of the Hawaiian Islands on the 7th of July should have the right to American registry. That provision should last. be confined ~to those vessels which had actually obtained Hawaiian Mr. BAILEY. Who were citizens then? register before that date, or elsa that we are sati'lfied were pur­ :Mr. HITT. Yes: citizens at that time. chased in good faith and not with the intention of evading the Mr. BAILEY. That distinction had escaped me. The gentle­ registration laws of the United States. man's statement is satisfactory, because the 7th of July antedated Mr. PAYNE. Mr. Speaker- the annexation resolution. 11-fr. BAILEY. A parliamentaryin.,quiry,Mr. Speaker. I desire Mr. HITT. The transfer of sovereignty took place on the 7th of to know if it would be germane to offer as an amendment to this August. bill a. propoBition to make it applicable to the whole United States, Mr. BAILEY. Then, prior to the 7th of Jnly, these persons including Hawaii may have been citizens of Hawaii; but since that time they are Mr. PAYNE. When the gentleman gets the floor, perhaps that citizens of the United States? inquiry may be pertinent. Mr. HITT. The gentleman is not quite correct. The actual Mr. BAILEY. I have the floor for a parliamentary inquil·y. transfer of sovereignty, as it required some time for traversing The SPEAKER. The Chair would not pass upon that question the distance between the two countries before allegiance could be until actually before it. transferred-- M:r. HlTT. I would like to call the.attention of the gentleman Mr. BAILEY. Whenever the transfer of sovereignty was com­ to the fact that the very point attempted to be provided for in pleted, then they became citizens of the United States? this bill is covered with the greatest care in the bill which has Mr. HITT. And that was the 12th of August, the day when been reported by the Committee on Territories and is now in the they took the oath of allegiance. ~ Honse. Mr. PAYNE. I move to amend by inserting at the end of sec­ Mr. PAYNE. I d·o not think it is; and I will state why. The tion 2 the words "and which have Hawaiian register, temporary gentleman from Massachusetts raises some question about vessels, or permanent." as he thinks, bought for the purpose of obtaining American regis­ The section will then read: ter. Now, there are a number of vessels that have been bought That the Commissioner of Navigation may make such regulations as he since the 7th of July last. I have a list of seven that were bought may deem expedient for the nationalization of all vessels owned by citizens of since that period, some as late as the 15th of last month. These the islands ceded, as aforesaid, on the 7th day of July, 1898, a;ad which con­ tinued to be so owned np to the date of such nationalization, and which have purchasers are very desirous that their vessels should get an Hawaiian register, temporary or permanent-- Ame1·ican register. By a decision of the supreme court of Hawaii since the annexation resolutions were -passed it bas been held that Mr. HITT. "Which had." they could still register under the Hawaiian flag, although the Mr. KNOX. Either expression is right. annexation had taken place; and since that time they have been Mr. PAYNE. I think "have '' is better. I offer that amend· busy registering undeT the Hawaiian flag; and these vessels that I ment and call for the previous question. have in mind which are now seeking American register, as I under­ The amendment was read. stand it, have all come in since the 7th day of July under the pro­ .Mr. UNDERWOOD. I ask the gentleman from New York to vision which I believe is in the bill reported from the Committee yield me five or ten minutes. on Tenitories. Mr. PAYNE. I yield the gentleman ten minutes. Mr. HITT. It is not. Mr. UNDERWOOD. Mr. Speaker, I am heartily in favor of lt{r. PAYNE. That provision was shown to me, and was any law that will extend American commerce by extending the drawn expressly for the registe1· of all these vessels that were reg­ American shipping intereRt. I am not in favor of this amend· istered after the 7th of July and before the 1st of January of this ment, because it limits more than the bill does the number of ves­ year. sels to which American registry can be extended. I think the Mr. HITT. You have got it all wrong there. time has come when the principles which the gentleman from Mr. PAYNE. The provision the gentleman from Massachu­ New York advocates, as applied to Hawaiian citizens, should be setts read shows that very thing. extended to all vessels that seek to carry the American flag. The Mr. KNOX. It is a very different thing. day has come when the manufacturing interests of this country, Mr. PAYNE. The provision reads that all vessels carrying which are largely represented by gentlemen on the other side of Hawaiian registers permanent m.· temporary. the House, are being restrained within the limits of the United Mr. KNOX. Yes. States because the shipping laws of this country prevent them Mr. PAYNE. On August 12 shall be entitled to register. from reaching foreign countries. They are restrained in the inter­ Mr. KNOX. Yours is dated July 7. est of the men who build and own the ships of this country. For Mr. PAYNE. To extend the time to August 12 would let in the1r benefit the manufa-cturing interests of the United States have three or four of these vessels and to extend it to the 1st of January been locked within a Chinese wall that surrounds the country. would let in still more, and I think it better to go back to the 7th Instead of the chairman of the Committee on Merchant Marine of July and keep them all out. and Fisheries bringing in a bill to extend the registration laws to Mr. KNOX. Your bill provides ownership and not register. the island of Hawaii, where possibly we may add a few ships that Mr. PAYNE. Ownership by citizens of Hawaii. will enter the merchant marine of this country, carry the Ameri­ Mr. KNOX. Why not make it permanently or temporarily and can ftag, and facilitate our commerce with foreign countries, he let them come in? should have reported a bill more general in its provisions. The 1t{r. PAYNE. I have no objection if they be brought in by citi­ time has come when the Republican party tha.t to-day controls the zens of Hawaii under the Hawaiian register prior to the 7th of legislation of this House should look to ~tbe great commercial in­ July, 1898. terests of our country and bring in· some measm·e that would give Mr. KNOX. That is all right. opportunity to the manufacturing and commercial interests of the Mr. BAILEY. I observe that the gentleman from New York United States to reach out to foreign countries. [Mr. PAYNE] undertakes to confine the provisions of this bill to Mr. HOPKINS. Let me say to the gentleman from Alabama citizens of the Hawaiian Islands. I desire to ask him how he that the Committee on Merchant Marine and Fisheries is now con­ works it out that there is any such thing as citizenship of the Ha­ sidering a bill of that kind; and the probability is that it will be watian Islands as contradistinguished from citizenship of the favorably reported; so that the gentleman will have an opportunity United States? Hawaii is not an independent country; it bas no to vote on that subject. existence now -except such as is given to it by the United States. Mr. UNDERWOOD. Mr. Speaker, I am glad to hear what the The government there is a govemment under the United States gentleman has said. I have heard that such a thing might possi­ certainly, if not by the United States. Hawaii has no separate bly be done; but as I know, and as the House knows, we have often existence; her separate existence ceased when she became a part had similar promises without result. It bas been said over and of the United States. over again that we were to have certain bills enacted for the ben­ It seems to me there is no such thing as a citizen of Hawaii, be­ efit of the people. It has been said that we were to have the priv­ cause, in order that there may be a citizen of a country, there must ilege of deciding, as a House, upon these questions. It was said be such a country. There was a time when under our Republic a that we were to have propositions to advance the intere.sts of the· 1899. CONGRESSIONAL RECORD-HOUSE. 951

masses, and that would redound to the benefit of the people of products cheaper than the balance of the world, why can we not the United States. But we are nearing the close of the Fifty-fifth build ships cheaper than the balance of the world? Congress, and many of these propositions which have been held The SPEAKER. The gentleman from New York declines to out so alluringly are still in a nebulous state, and are not liere for yield and asks for the previous question. our consideration, ·and probably never will be in this Congress. The question was taken on ordering the previous question; and For that reason, sir, I think the time is opportune to call the on a division (demanded by Mr. UNDERWOOD) there were-ayes attention of the members of tho House, and members especially 55, noes 45. on that side of the House, who are responsible for the legislation Mr. UNDERWOOD. :Mr. Speaker, I should like to ask thegen· of the House, to the fact that they can no longer sit here to re­ tleman from New York if 'he will not agree to limit debate to, say, strain the manufacturing interests of the country and prevent thirty minutes. There are soma gentlemen on this side who would their reaching out and getting to the foreign markets by r eason like to discuss the question. of the present shipping laws that are so constucted as to pre"\"'ent Mr. PAYNE. I think we had better go on, because then the the extension of foreign trade, and not bringing about the enact­ gentleman's side would still want more time. ment of proper laws to expand our merchant-marine and facilik'l.te Mr. UNDERWOOD. Then, Mr. Speaker, I shall have to make our opportunities to reach out and obtain this foreign commerce. the point of no quorum. I do not want to do it. I am perfectly This can not be accomplished by acquiring new territory, but willing, if the debate is limited-- only by securing more trading vessels to carry our manufactured The SPEAKER. The gentleman from Alabama makes the point products into foreign nations of the earth whe1·e we can compete of no quorum present. successfully with other manufacturers of the world, su-ch as Great Mr. UNDERWOOD. I do not like to do it- Britain, Germany, and France. And until yon do that many of 1rir. HOPKINS. You seem to have great reluctance about it. our manufacturing interests-even the strongest of them-must Mr. UNDERWOOD. I am in favor of the bill, but I do not close their doors, because everyone must recognize the fact that think it is of such importance that it ought to be rushed through the day has come when we are manufacturing more than we can the House in this way when gentlemen on this side wish to sub· sell to the people at home. In other words, we are oversupplying mit amendments. the home markets. And I hope: therefore, the gentleman from Mr. HOPKINS. Let us have the regular order. New York will not content himself with idle promises, but that The SPEAKER. The gentleman from Alabama makes the we shall be rewarded by some legislation that will result in the point of no quorum present. [Having counted the House.] One increase of our merchant _marine and in extended trade for-the hundred and fifty-one gentlemen-not a quorum. Under the rules commercial and manufacturing interests ·of the country. of the House there will now be a call of the House. The doors Mr. PAYNE. Mr. Speaker, I will modify the amendment which '\>vill be closed. At the same time the yeas and nays will be con· I have sent up. Instead of the word" have" to insert" had," so sidered as ordered, and the Clerk will call the roll. As many as that there will be no mistake about the date when this becomes are in favor of ordering ·the previous question on the bill and operative. amendment to its passage will, when their names are called, say Now, a sim~le word in response to the gentleman from Alabama. ''aye," those opposed ''no," and the Clerk will call the roll. The gentleman did not seem to have noticed the entire scope of The question was taken; and there were-yeas 93, nays 77, an· the pending bill. It extends the navigation laws of the Govern­ swered "present" 13, not voting 168 ; as follows: ment to the Hawaiian Islands, and in this manner is consonant · YEAS-93. with the legislation of the past hundred years to secure the coast­ Aldrich, Ellis, Linney, Prince, wise carrying trade of the United States to American citizens, to Baker, Md. Evans, Littauer, Pugh, American shipowners, to American sailors, and to be carried in Barrows, Faris, Loud, Ray, American ships. That is what we propose by the pending bill in Bishop, Fletcher, Low, Ridgely, Boutelle, Me. Gardner, :Lybrand, Royse, reference to the Hawaiian Islands, and this is the reason why we Broderick, Gibson, McCa.ll, Shannon, asked for its passage. Brosius, Graham, • McGleary, Shattuc, But the gentleman from Alabama asks why we shall not open this Brown, Greene, Nebr. blcDonald, Sherman, Bull, Griffin, Mahon, Smith, ill. registry system to all the citizens of all the world, and to all of Burton, Gros.-enor, Marah, Smith, Wm. Alden the vessels of the world. Well, Mr. Speaker, when we do that we Butler, Grow, Mesick, Southard, instantly give away our coasting trade to those who can build Cannon, Hamilton, Miller, Spalding, Capron, Hawley, Minor, Steele, cheaper ships, and nangate them cheaper, as every other nation Codding, Henry, Conn. Mitchell, Stevens, Minn. in the world can do. We not only do that , but we close up every Connolly. Hepburn, Moody, Stewart, N.J. shipyard in the United States -and destroy this great industry in Coouer, Wis. Hilborn, Morris, Stewart, Wis. Corliss, Hill, Mudd, Strode, Nebr. our land. Crump, Hitt, Odell, Sturtevant, It is the mission of the Republican party not to destroy, not to Cummings, Hopkins, Olmsted, Snlloway, tear down, not to pull down, as it seems to have been the mission Cm·tis, Iowa Howe, Otjen, Ward. Cm·tis, Kans. Jenkins, Payne, Warner. a few years ago of gentlemen on the other side, but to build np. Davenport, Knox, Pearce, Mo. . Mr. UNDERWOOD. Will the gentleman allow me a-moment? Dick, Lacey, Pearson, Mr. PAYNE. No; I must decline to be int-errupted now. I Dolliver, Landis, Perkins, can not yield to the gentleman. NAYS-7':. We have heen in power but two or three years. We are doing Allen, Dockery, McDowell, Smith, Ky. very well; the country is doing very well; the foreign trade is in­ Bailey, Fleming-. McLain. Sparkman, creasing at a satisfactory rate, and to an immense degree, and we Baker, Ill Fowler, N. C. McRae, · Stark, Bankhead, Griffith, Maxwell, Stephens, Tex. are going forward toward taking possession of the markets of the Bell Griggs, Meyer , La. Stokes, world. And this new impetus has been under the administration Benton, Henry, Miss. Moon, Strait, and legis-lation of the Republican party. Henry, Tex. Norton, Ohio Strowd, N. C. ~r:~a: Howard, Ga. Norton, S. C. Sulzer, We have considered the subject of free ships. You can not Bodine, Jett, Ogden, Sutherland, solve the ptoblem in that way. You destroy your shipyards, you Brenner, Ohio Jones, Va.. Otey, Talbert, get cheaper ships, but you can not get cheap Americans to run Brewer, Kitchin, P erers, Tate, Burke, Rleberg, Pierce, Tenn. Terry, them-- Carmack, ·Lanham, Rhea, Underwood, A MEMBER. We don't want them. Clardy, Latimer, Ri.xey, Vandiver. • Mr. PAYNE (continuing). Men of the same class that are em­ Clark, Mo. L entz, Robb, Wheeler, Ky. Cochran, Mo. Lester, Settle, Williams, Miss. ployed on foreign ships, who man the Portuguese, German., or Cooper, Tex. Lewis, Ga. Shafroth, Zenor. even the ships of Great Britain. You can not solve it in that Cox. Little, Shuford, way. We are starting out in. another direction. As the gen­ De Gra.ffenreid, Lloyd. Simpson, Dinsmore, McCulloch, tleman from Illinois LMr. HOPKI~s] has said, we hope soon tore­ Shyden, port a bill, and we shall be glad to have the cooperation of the A.L~SWERED "PRESENT"-13. gentleman from Alabama or any other gentleman who wishes to Ball. Cl:trkc, N. H. Mann, Yost. Barlow, Clayton, Richardson, extend American trade and send American ships to the four quar­ Bartlett, De Vries, Siins, ters of the globe to carry American products. It will all be done Brucker, Lamb, Taylor, Ala. in good time, but just now at this particular time we propose to extend the American policy to the Hawaiian Islands and have NOT VOTING-lOS. ACheson, Bartholdt, Bradley, Catchings, that trade for our merchant marine, even though we do admit a Adams, Beach, BraniJey, Chickering, half dozen or more ships to American registry. I move the pre­ Adamson, Belden, Brewster, Clark, Iowa vious question. Alexander, Belford, Bromwell, Cochrane, N. ~ Arnold, Belknap, Broussard, Colson, Mr. WHEELER of Kentucky. Will the gentleman permit me Babcock, Benner, Pa. Brownlow, Connell, to ask him a question? Baird, Bennett, Brumm, Cooney, Mr. PAYNE. Oh, I think} Mr. Speaker, I will insist on my Barber, Bingham, Brundidge, Cousin.s, Ba.rha.m, Booze, Burleigh. Uowberd, motion. Barney, Botkin, Campbell, Cra.nford, Mr. WHEELER of Kentucky: If we can sell manufactured Barrett, Boutell, Ill. Castle, Crnm_packor, 952 CONGRESSIONAL RECORD-HOUSE. JANUARY 23,

Dalzell, Harmer, McAleer, Snover, The bill as amended was ordered to be engrossed for a third Danford, Hartman, McClella~ Southwick, Davey, Hay, McCormick, Sperry, reading; and being engrossed, it was accordingly read the third Da\idson, Wis. Heatwole, McEwan, Spight, time, and passed. Davis, Hemenway, Mcintire, Sprague, On motion of Mr. PAYNE, a motion to reconsider the vote by Davison, Ky. Henderson, Maddox, Stallings, which the bill was passed was laid on the table. Dayton, Henry, Ind. Maguire, Stone, Swanson, Mr. PAYNE. Mr. Speaker, I move that the Honse do now E~r~~mond, f~f~hsen, M~~liL Tawney, adjourn. Dovener, Howard, Ala. Martin, Tayler, Ohio SEN ATE BILLS REFERRED. Driggs, Howell, Meekison, Thorp, Eddy, Hull, Mercer, Todd, Under clause 2 of Rule XXIV, Senate bills of the following titles Elliott, Hunter, Miers, Ind. Tongue, were taken from the Speaker's table and referred to then· appro­ Ermentrout, Hurley. Mills, Updegraff, Fenton, Johnson, Ind.. Newl::mds, Van Voorhis, priate committees as indicated below: . Fischer. Johnson, N.Dak. Osborne. Vehslage, S. 5265. An act granting to the Clearwater Railroad Company Fitzgerald, J ones, Wash. Overstreet, Vincent, ' a right of way through the Nez Perces Indian lands in Idaho-to Fitz-patrick, Joy. Packer, Pa. Wadsworth, . Foote, Kelley, Parker, N. J. Walker, Mass. the Committee on Indian Affairs. Foss Kerr, Powers, 'Val.ker, Va. S. 5126. An act to authorize the St. Louis, Siloam and Southern Fowier, N. J Ketcham, Quigg, Wanger, Railroad Company, of Missouri and Arkansas, to construct a Fox, King, Reeves, Weaver, Gaines. Kirkpatrick, Robbins, Weymouth, bridge across White River, in the State of Arkansas-to the Com­ Wheeler, Ala.. mittee on Interstate and Foreign Commerce. G!1let1 N . Y.. Knowles, Robertson, La. Gilletv, ]')lass. Kulp, Robinson, Ind. White, ill. S. 4708. An act to extend the privilege of immediate transporta­ Graff, Lawrence, Russell, White. N.C. tion to the port of Astoria, Oreg.-to the Committee on Ways and Greene, Mass. Lewis, Wash. Sauerbering, Wilber, Grout, Livingston, Shelden, Williams, Pa.. Means. Gunn, Lorimer. Showalter, Wilson, S. 5176. An act to authorize the erection of a public building in Hager, Loudenslager, Skinner, Wise, the county of Beaver, Pa.-to the Committee on Public Buildings Randy, Lovering, Smith, S. W. Young. and Grounds. The following pairs were announced: S. 3119. An act for the relief of Mary A. Swift-to the Com­ Until further notice: mittee on Claims. Mr. YOUNG with Mr. HINRICHSE.J.'T. S. 4110. An act to amend the act entitled "An act to provide for Mr. HARMER with Mr. BRANTLEY. the location and satisfaction of outstanding military bounty land Mr. DANFORD with Mr. ERMENTROUT. warrants and certificates of location under section 3 of the act ap­ Mr. THORP with Mr. ELLIOTT. proved June 2, 1858 "-to the Committee on the Pnblic Lands. Mr. SNOVER with Mr. SPIGHT. J S. 5027. An act to correct the relative rank of Richard R. Steed­ Mr. TAYLER of Ohio with Mr. BARTLETT, man, captain, Eleventh Infantry, United States Army-to the Mr. SHELDEN with Mr. BRUCKER, Committee on Military Affairs. Mr. YOST with Mr. SWANSON. S. 4792. Anacttoamend the act entitled "Anactto incorporate Mr. WANGER with Mr. ADAMSON. the Matitime Canal Company of Nicaragua." approved February Mr. RUSSELL with Mr. McCLELLAN. 20, 1889. and to aid in the construction of the Nicaragua Canal­ Mr. McEWAN with Mr. VEHSLAGE. to the Committee on Interstate and Foreign Commerce. Mr. TONGUE with Mr. LAMB. S. 5047. An act to revive, reenact, and amend an act to au­ Mr. BARRETT with Mr. Fox. thorize the construction of a bridge-across the Missouri River at Mr. CLARKE of New Hampshipe with Mr. KING. or near the city of Lexington, Mo.-to the Committee on Inter- Mr. HENRY of Indiana with Mr. GRIFFITH of Indiana. state and Foreign Commerce. '· · ' :Mr. WEAVER with Mr. MARSHALL. Mr. KIRKPATRICK with Mr. MIERS of Indiana. ENROLLED BILLS SIGNED. Mr. ARNOLD with Mr. Cox. Mr. HAGER, from the Committee on Enrolled Bills, reported Mr. DALZELL with Mr. RICHARDSON. that they had examined and found truly enrolled bills and joint Mr. TAWNEY with Mr. SPARKMAN. resolution of the following titles; when the Speaker signed the Mr. BARTHOLDT with Mr. BRUNDIDGE, same: Mr. Foss with Mr. CATCHINGS. H. R. 5463. An act granting an honorable discharge t{) Prentice For this day: · Holmes; Mr. MILLS with Mr. LIVINGSTON. H. Res. 338. Joint resolution to fill vacancies in the Board of Mr. BROMWELL with Mr. ROBERTSON of Louisiana, Regents of the Smithsonian Institution; Mr. BALL with Mr. REEVES. H. R. 1$069. An act granting a pension to Jacob N. Atherton; Mr. WALKER of Virginia with Mr. MAGUIRE. H. R. 6411. An act granting an increase of pension to Henry K. Mr. WEYMOUTH with Mr. ROBINSON of Indiana. Opp; Mr. BURLEIGH with Mr. MEEKISON. H. R. 8299. An act granting an increase of pension to Thomas Mr. DORR with Mr. BAIRD. S. Tefft; and Mr. COCHRANE of New York with Mr. BENNER of Pennsylvania. H. R. 9295. An act granting an increase of peilSion to Justin 0. Mr. DAVIDSON of Wisconsin with Mr. BRADLEY, Hottenstein. Mr. KETCHAM with Mr.. COONEY. The SPEAKER announced his signature to enrolled bills and Mr. B:mTELL of illinois with Mr. DAVEY. joint resolution of the following titles: Mr. BROWNLOW with Mr. DE ARMOND, S. 626. An act for the establishment of a light-house and fog Mr. ACHESON with Mr. FITZGERALD. signal or light-ship at a point north of the bell buoy near the Mr. BRUMM with Mr. GAINES. broken part of the Pollock Rip Shoals, on the coast of Massachu· Mr. CHICKERING with Mr. HANDY, setts. Mr. HAGER with Mr. HAY. S. R. 210. Joint resolution authorizing the Secretary.' of War to Mr. HULL with Mr. LEWIS of Washington. receive for instruction at the MilHary Academy, at West Point, Mr. MERCER with Mr. OSBORNE. Luis Yglesias, of Costa Rica; Mr. JoHNSON of North Dakota with Mr. STALLINGS, S. 2944. An act providing for the construction of a light-ship to :Mr. SOUTHWICK with Mr. WILSON. be located near Cape Elizabeth, Me.; and Mr. GREENE of Massachusetts with Mr. CRANFORD. S. 5004. An act to authorize the construction of a bridge across Mr. BEACH with Mr. COWHERD. the Missouri River at or near Oacoma, S. Dak. Mr. HICKS with Mr. TODD. LEAVE OF ABSENCE. Mr. BU'l'LER. Mr. Speaker, my colleague, Mr. WANGER, is de­ By unanimous consent, leave of absence was granted to Mr. tained from the Honse on account of sickness. If here, I have no doubt be would vote "yea." Gn.EENE of Massachusetts, for four days, on account of sickness Mr. CLARKE of New Hampshire. Mr. Speaker, I am paired in his family. with the gentleman from Utah, Mr. KING. I withdraw my vote The motion to adjourn was then agreed to. and answer "present." And accordingly (at 4 o'clock and 4.0 minutes p.m.) the House The SPEAKER. On this question the yeas are 93, the nays 77, adjom·ned. and 13 are recorded as "present," being a quorum present. The yeas have it, and the previous question is ordered. The doors will EXECUTIVE COMMUNICATIONS, ETC . . now be opened. The question is on agreeing to the committee Under clause 2 ·of Rule XXIV, a letter from the Clerk of the amendment. Honse of Representatives, transmitting a communication from The amendment of the committee was agreed to. the file clerk of the House relating to the necessity of additional The SPEAKER. The question is on the amendment offered by space to accommodate the files of the House, was taken from the the gentleman from New York. Speaker's table, referred to the Committee on Appropriations, The amendment was agreed to. and ordered to be printed. 1899. CONGRESSIONAL RECORD-HOUSE. 953

REPORTS OF COMMITTEES ON PUBLIC BILLS AND no polygamist shall be a Senator or Representative-to the Com­ RESOLUTIONS. mittee on the Judiciary. Under clause 2 of Rule XIII, bills and resolutions of the follow­ By Mr. SPARKMAN: A bill \H. R. 11736) granting the right ing titles were severally J.'eported from committees, delivered to and authority to the Pensacola and Northwestern Railroad Com­ the Clerk, and referred to the several Calendars therein named, as pany, a company organized under the laws of the States of Florida follows:·· and Alabama, to build one bridge over each of the following-named Mr. BRODERICK, from the Committee on the Territories, to rivers in the State of Alabama, namely, the Alabama River, the which was referred the bill of the Senate (S. 3729) making further Warrior River, the Sipsey River, and the Tennessee River; the provision for a civil government for Alaska, reported the same said bridges be used and operated for and in behalf of the Pensa­ with an amendment, accompanied by a report (No. 1807); which cola and Northwestern Railroad Company to carry freight and said bill and report were referred to the Committee of the Whole passengers by rail and otherwise-to the Committee on Interstate House on the state of the Union. and Foreign Commerce. Mr. KNOX, from the Committee on the Territories, to which Also, a bill (H. R 11737) granting the right of way to the Pen­ was referred the bill of the House (H. R. 10990) to provide a gov­ sacola and North western RaHroad Company over and through the ernment for the Territory of Hawaii, reported the same with an public lands of the United States in the States of Florida, Ala­ amendment, accompanied by a report (No. 1808); which said bill bama, Mississippi, and Tennessee. and granting the right of way and report were referred to the Committee of the Whole House to said railroad company over and through the United States na­ on the state of the Union. val and military reservations near Pensacola, in the State of Flor­ · Mr. FENTON, from the Committee on Military Affairs, to ida-to the Committee on the Public Lands. which was referred the bill of the Senate (S. 4306) to authorize By Mr. MUDD (by request): A bill (H. R. 11738) to incorpo­ the readjustment of the accounts of Army officers who were grad­ rate the Colm;nbia Telephone Company-to the Committee on the uates of West Point Military Academy, reported the same with­ District of Columbia. out amendment, accompanied by a report (No. 1810); which said By Mr. BARNEY: A bill (H. R. 11739) to extend the jurisdic· bill and report were referred to the Committee of the Who!e tion of admiralty courts of the United States-to the Committee House on the· state of the Union. on the Judiciary. By Mr. BRUNDIDGE: A bill (H. R. 11740) to change a.nd fix the time of holding the terms of the district and circuit courts at REPORTS OF COMMITTEES ON ·PRIVATE BILLS AND Batesville, Ark.-to the Committee on the Judiciary. RESOLUTIONS. By Mr. LOUD: A bill (H. R. 11741) to amend the laws relating Under clause 2 of Rule XIII~ private bills and resolutions of the to obstructions to navigation, and for the protection of life and following title.s were severally reported from committees, deliv­ property from dangerous practices-to the Committee on the ered to the Clerk, and referred to the Committee of the Whole .Merchant Marine and Fisheries. House. as follows: By Mr. FERGUSSON: A bill (H. R. 11742) to appropriate cer­ Mr. STURTEVANT, from the Committee on Claims, to which tain money to pay fees and expenses of transferring certain lands was referred the. bill of the House (H. R. 2050) for the relief of to the Territory of New Mexico-to the Committee on Appropria- J. C. Irwin & Co. and Charles A. Perry & Co., reported the same tions. · · without amendment, accompanied by a report (No. 1811); which By Mr. MITCHELL: A bill (H. R. 11743) to establish an issue said bill and· r.eport were referred to the Private Calendar. and redemption division in the Treasury Department, to establish - · Mr. CARMACK, from the Committee on-Claims, to which was a r~demption fund and a gold-reserve fund, and to strengthen the referred the bill of the House (H. R. 3425) for the relief of George public credit-to the Committee on Banking and Currency. · A. Dickel & Co., at Nashville, Tenn., reported the same without Also, a bill (H. R.11744) to protect the public Treasury....:....to the amendment, accompanied by a report (No. 1813); which said bill Committee on Banking and Currency. · · and report were referred to the Private Calendar. By Mr. RICHARDSON: A bill (H. R.11765) to extend Howard Mr. LITTLE, from the Committee on Indian·Affairs, to which avenue, in the District of Columbia, and for other purposes-to was referred the bill of the House (H. R. 10771) for the relief of the Committee on the District of Columbia. Eudora Hill, reported the same without amendment, accompanied By Mr. STEWART of New Jersey:_A-joint resolution (H. Res. by a report (No. 1814); which said bill and report were referred 341) asking preliminary survey of the P~ssaic River, in New Jer-· to the Private Calendar. sey-to the Committee on Rivers and Harbors. ' By Mr. LENTZ: A joint resolution (H. Res. 342) providing for ADVERSE REPORTS. immediate discharge of the volunteers and for a temporary mili­ tary establishment-to the Committee on 1\iilitary Affairs. · - Under clause 2 of Rule XIII, Mr. MAHON, from the Commit­ By Mr. BOUTELLE of Maine: A concurrent resolution (House tee on War Claims, reported adversely the bill of the House (H. R. Con. Res. No. 65) that the Secretary of War be directed to cause 5200) for the relief of Margaret Kennedy (Report No. 1809); which a survey to be made improving the harbor of Camden, State ot ' said bill and report were laid on the table. . Maine-to the Committee on Rivers and Harbors. By Mr. MERCER: A resolution (House Res. No. 376) that the CHANGE OF REFERENCE. Committee on Public Buildings and Grounds, on the 1st day of Under clause 2 of Rule XXII, the Committee on Military Affairs February next, proceed to consider certain bills indicated by them- was· discharged from the consideration of the bill (H. R: 11674) to the Committee on Rules. · · · removing the charge of desertion from the record of Nicholas By Mr. BLAND: A memorial resolution of the Missouri legisla­ Clarkson, a skilor in war of rehellion; and the same was referred ture, asking the loan from the Gep.eral Government of Spanish to the Committee on Naval Affairs. cannon, etc., captured in the late war-to the Committee on Mili- tary Affairs. • . PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS ' . INTRODUCED. PRIVATE BILLS AND RESOLUTIONS INTRODUCED. Under clause 3 of Rule XXII, bills, resolutions, and memorials Under clause 1 of Rule XXII, private bills and resolutions of of the following titles were introduced and severally 1·eferred as the following titles were introduced and severally referred as follows: · follows: By Mr. KNOX: A bill (H. R. 11730) making further provision By Mr. BARTLETT: A bill (H. R.11745) for the relief of G. W. for a civil government for Alaska-to the Committee on the Ter­ Clark & Son, a firm composed of G. W. Clark and J. H. Clark, of ritories. Spalding County, Ga.-to the Committee on War Claims. By Mr. BARHAM: A bill (H. R.11731) toconstrnctatelephone By Mr. CONNOLLY: A bill (H. R. 1174.6) granting a pension to from Trinidad light-house to Trinidad, inH n_n boldt County, Cal.­ John M. Palmer-to the Committee on Invalid Pensions. to the Committee on Interstate and Foreign Commerce. By Mr. OLARK of Iowa: A bill (H. R.11747) to pension Marcia By Mr. MORRIS: A bill (H. R. 11732) to authorize the Grand J. James-to the Committee on Invalid Pensions. Rapids Water Power and Boom Company, of Grand Rapids, By Mr. CURTIS of Kansas: A bill (H. R. 11748) for the relief Minn., to construct a dam and bridge across the Mississippi of Daniel B. Curd-to the Committee on War Claims. River-to the Committee on Interstate and Foreign Commerce. By Mr. DAVIS: A bill (H. R. 11749) for the relief of Alice Bald­ By Mr. CURTIS of Iowa (by request): A bill (H. R. 11733) to win and William A. Baldwin, guardian of Jennie M. Oxar-to the prevent the sale of intoxicating liquors on Sunday in the District Committee on Claims. - · of Columbia-to the Committee on the District of Columbia. By Mr. GRIFFITH: A bill (H. R. 11750) granting a pension to Also, a bill (H. R. 11734) relating to the office of secretary of Sarah A. Fuget-to the Committee on Invalid Pensions. the District of Columbia-to the Committee on the District of By Mr. GRAFF: A bill (H. R. 11751) granting a pension to Columbia. Lorenzo D.- Benner-to the Committee on Invalid Pensions. .. By Mr. CLARK of Iowa: A bill (H. R. 11735) providing that By Mr. HENRY of :Mississippi (by request): A bill (H. R. 11752)

• 954 CONGRESSIONAL RECORD-HOUSE. JANUARY 23,

for removal of charge of desertion of Samuel.T. Loftin, Company By 1\fr. CAPRON: Protest of the Pawtucket Valley, R. I., Min­ E, FirstLouisianaCavalryVolunteers-to the Committee on Mili- isters' Circle, against the seating of B. H . Roberts as a Represent­ tary Affuirs. • ative from Utah-to the Committee on Elections No.1. By Mr. KERR: A bill (H. R. 11753) granting a pension to Effie By .Mr. CLARK of Jowa: Petitions of the .Methodist Episcopal Super-to the Committee on Invalid Pen.sions. Church of Kalona, Iowa, the Presbyterian Church, E'irst United By Mr. KNOWLES: A bill (H. R. 11754) granting an increase Presbyterian Chul'ch, and Methodist Episcopal Church of Wash­ of pension to Mary E. H. Woodruff, widow of Alfred W. Woodruff, ington, Iowa, and Baptist Church and United Presbyterian <....."hurch late of Company L, Fourteenth New York Cavalry-to the Com­ of Ainsworth, Iowa, to p1·ohibit the sale of liquor in canteens and in mittee on Invalid Pensions. inlrn.4,o-ra.nt station.s and Government buildings-to theCommittea By 1\{r. MORRIS: A bill (H. R. 11755) granting a pension to on _!Ucoholic Li.quor Traffic. Edward Harris-to the Committee on Pensioru;. By Mr. CLARKE of New Hampshire: Petition of theNew Hamp~ By Mr. MAHON: A bill (H. R.11756) for the relief of Sarah A. shire Baptist Convention, in relation to divorce laws in the District McCann-to the Committee on Invalid Pensions. of Columbia and th-e Territories-to the Committee on the Ths­ By Mr. SULLOWAY: A bill (H. R. 11757) granting a pension trict of Columbia. to Lizzie :M:. Dixon-to the Committee on Invalid Pensions. By :Mr. COOPER of Texas: Petition of David Tooke and 55 By Mr. W.M. ALDEN SMITH: A bill (H. R. 11758) to renew citizens of Colorado County, Tex., praying reference of their war certain lettors patent for an invention in the means of securing claims to the Court of Claims-to the Committee on War Claims. railroad rails tometallictiesheretoforeissued to Sidney B. Wright, By .Mr. CORLISS: Petitions of the Scotten Avenue Baptist late of Wyandotte. M:ich.-to the Committee on Patents. Church, 81 citizens, and the general officers of the Woman's Christ­ Also, a bill (!:!. R. 11759) to renew certain letters patent for a ian Temperance Union, all of Detroit, .Mich., to prohibit the sale new and useful improvement in metallic railway ties heretofore of liquor in canteens and in immigrant stations and Government issued to Sidney B. Wright, late of Wyandotte~ Mich.-tothe Com­ buildings-to the Committee on Alcoholic Liquor Traffic. mittee on Patents. A1so, petition of the Scotten A venue Baptist Church, of Detroit, Also, a bill (H. R. 117GO) for the relief of James F. Baker, late Mich., for the enactment of1egislation providing that cigarettes of Company H, First Batt-alion Sixteenth United States Infan­ imported in original packages on entering any State shall become try-to the Committee on Military Affairs. subject to its laws-to the Committee on Interstate and Foreign By Mr. STEPHENS of Texas: A bill (H. R. 11761) for the relief Commerce. ofWiTiiam Chilton-to the Committee on War Claims. 13y Mr. COUSINS: Petition .of the Presbyterian and Methodist By Mr. UNDERWOOD: A bill (H. R . 11792) for the relief of Episcopal churches of Mount Vernon, Iowa, to prohibit the sale W. F. Eggleston, as executor of S~ 0. Eggleston-to the Commit­ of Uq uor in Goverm:nent buildings-to the Committee on Alcoholic tee on War Claims. Liquor Traffic. By Mr. YOST: A bill (H. R. 11763) for the relief of JosephS. Also, petition of ti.t.e P.resbytel'ian and Methodist .churches and Smoke, of Frederick County, Va.-to the Committee on \var Franklin Lodge, No. 98, all of Mount Vernon, Iowa, to forbid the Claims. tr~nsmission of lottery messages by telegraph-to the Committee By :M:r. DINSMORE~ A bill (H. R. 11764j for the relief of the on InteJ.·state and Foreign Commerce. estate of Albert L. Berry, deceased-to the Committee on Claims. By Mr. CRUMPACKER: Protest of Rev. J . B. F'leming and By Mr. ALLEN: A bill (H. R. 11766) to remuve the suspension other .ministers of V alpa.raiso, Ind., against the seating of Brigham put upon the disbursement of anappropriation-to.the Committee H. Roberts as a Representative from Utah- to the Committee on on Appropriations. El-ections No. 1. By Mr. GIBSON: A bill (H. R. 11767) to pension Daniel G. Also, petitions of Rev. Charles Whitely and other citizens of Emert-to the Committee on Invalid Pensions. Stillwell, lnd., and Laban Funk, of Boone Grove, Ind., to prohibit By 1\Ir. LITTLE: A bill (H. R. 11768) to can-y out the findings the sale of liquor in canteens and in immigrant stations and of the Court of Claims in the case of the estate of Sarah J . Smith, Government buildings-to the Committee on Alcoholic Liquor deceased-to the Committee on War Claims~ Traffic. By Mr. CURTIS af Kansas: Petition of a committee of laborers, worimlen, and mechanics who were compelled to work over eight PETITIONS, ETC. hom.·s per day at F01·t L.eavenwol'th, .Kans.- to the Committee on Under clause 1 of _Rule XXII, the following petitions and papers Claims. were laid on the Clerk's desk and referred as follows: By Mr. DALZELL: Memorial of a citizens' meeting held in By Mr. ADAMS: Resolution of the Board of Trade of Philadel­ Philadelphia, Pa., January 17, 1899, protesting against the acqui­ phia, Pa., in favor of the passage-of House bill No. 10524, relating sition of the Philippines-to the Committee on the Territories. to the organization of the consular se!'"vice-to the Committee on Also, r€Solution of the American Association of Flint and Lime the ..Judiciary. Glass .Manufacturers, of Pittsburg, Pa., for the enactment of leg­ , Also, mem01·ial of theBoardo~ Trade of Philadelphia, Pa., pray­ ielation restoring to the United States the ocean carrying trade ing for the enactment of legislation to promote our ocean cany­ sailing under the American flag-to the Committee on the Mer­ ing trade, so that t.he money so expended may be retained in the chant .Marine and Fisheries. United States-to the Committee on the Merchant Ma,rine and , Also, petitions of the Central Presbyterian Church of Allegheny; Fisheries. Lincoln Avenue Methodist Episce::>.al Uhu~ch, East End Reformed By 1\Ir. BELDEN: Petition of Rev. Gso!ge B. Spaulding and Presbyterian Church, Park A venue Presbyterian Church, and 109 citizens-Of Syracuse, N . Y., to prohibit the sale af liquor in sundry citizens of Pittsburg, Pa., praying for the enactment of canteens and in immigrant stations and Government buildings-, legislation to pl'Ohibit the sale of liquor in canteens and in immi­ to the Committee on Alcoholic" Liquor Traffic. grant stations and Government buildings-to the Committee on By Mr. BENNER of Pennsylvania: Petitions of tha Woman's Alcoholic Liquor Traffic. Christian Temperance Union, Young 1;fen's Christian Association, Also, protests of sundry citizens of Pittsburg and Allegheny Christian Endeavor Society of the Church of God, and Epworth County, Pa., against the se11ting <>f Brigham H . Robe1·ts as a League, all of Mechanicsburg, Pa.; Christian Endeavor Society Representative from Utah-to tlle Committee on Elections No. 1. of the Church <>f God, Young People's Christian Union, .and Also, resolutions of the Chamber of Comme1·ce and Board of Woman's Christian Temt.->erance Union, all of Newville, Pa." and Trade of Denver, Colo.. the James River National Bank, of Johns­ the Presbyterian Church of York Springs, Pa., to prohibit the town, N. Dak., and the Chamber of Commerce of Cincinna~ sale of liquor in canteen~ in immigrant stations, an~ in Govern­ Ohio, asking for the passage of House bill No. 10524, relating to ment buildings-to the Committee on Alcoholic Liquor Traffic. the-reorganization of the :consular service-to the Committee on By Mr. BINGHAM~ Resolutions of the Philadelphia Board of tee on Foreign Affairs. Trade and Grocers and Importers' Exchange of Philadelphia, Pa., By Mr. DE VRIES: Petitions of 58 persons, of Placer County, asking for the continuance and extension of the pneumatic-tube First Baptist Churcb and Presbyterian Church, of Chico, Butte_ service in Philadelphia-to the Committee on the fost-Offi.ce and County, Cal, to p1·ohibit the sale of liquor in canteens. in immi­ Post-Roads. · grant stations, and in Government buildhigs-to the Committee By Mr. BRO.l\-IWELL~ Resolutions of the Chamber of Commerce on Alcoholic Liquor Traffic. of Cincinnati, Ohio, asking for an appropriation for the survey of Also, resolutio-ns of the Manufacturers and Pro.ducers' Associa­ the Ohio River from Marietta, Ohio, to Cairo, ill.-to the Commit­ tion of San Francisco, Gal., in favor of the bill for the construc­ tea on Rivers and Harbors. tion of a submarinecable from San FranciscotoHonolulu,Japan, Also, resolution of the Wholesale Lumber Dealers' Association and Philippine Islands, and .that the cable used in its construction of Cleveland. Ohio, protesting against any change in the t-ariff shall be maae in the United States-to the Committee on Inter­ laws-to the Committee on Ways and Means. state and Foreign Commerce. Also, resolutions of the Young Men's Business Club of Cincin­ Also, resolution of Sacramento Grange, No. 12., .of Sacramento. nati, Ohio, praying for the enactment of legislation to increase Cal.. for the enactment of legis1ation restoring to the United American commerce-to the Committee on the Merchant Marine States the ocean .carrying trade sailing under the American flag­ and Fisheries. to the Committee on the Merchant Marine and Fisheries.

• 1899. CONGRESSIONAL RECOltD-HOUSE. 955

By :Mr. DINSl'r.:IORE: Petition of John Scott, of Carroll County, Also, resolutions of the Board of Trade of Chicago, Ill., in rela­ Ark., to accompany House bill for increase of pension-to the tion to an interoceanic canal, and resolutions relating to the Phila­ Committee on Invalid Pensions. delphia Harbor-to the Committee on Interstate and Foreign Also, petition of Zachariah Lewis, for a pension, to accompany Commerce. House bill-to the Committee on Invalid Pensions. Also, resolution of the Grocers and Importers' Association of Also, petition of J. D. Jackson and oth~rs, to accompany House Philadelphia, Pa., favoring the restoration of pneumatic tubes in bill granting a pension to William Bowling-t-o the Committee on the postal service-t-o the Committee on the Post-Office and Post- Invalid Pensions. Roads. · Also, paper to accompany House bill granting a pension to Also, petition of the National American Woman's Suff:rage As­ William R. Gobbard-to the Committee on Invalid Pe!lBions. sociation, for woman suffrage to H2.waiian women-to the Com­ By Mr. FLEMING: Petition of T. A. Scott and other citizens mittee on the Territories. of Thomson, Ga., to prohibit the sale of liquor in cantoons and in By :Mr. McCALL: Resolutions of the Chamber of Commerce of immig1·ant stations and Government buildings-to the Committee Boston, Mass., asking for the passage of House bill No. 10524, re­ on Alcoholic Liquor Traffic. lating to the roorganization of the consular service-to the Com­ Also, petition of W. S. Witham and other citizens of Thomson, mittee on Foreign Affairs. Ga., to prohibit the transmission by mail or interstate commerce By Mr. McLAIN: Petition ::>f citizens of Harrison County, Miss,, of pictures or descriptions of prize fights-to the Committee on protesting against the removal of tke United States court from Interstate and Foreign Commerce. Mi::;sissippi, etc.-to the Committee on the Judiciary. By Mr. GARDNER: Petition of the Woman's Christian Temper­ By Mr. :MAHON: Papers to accompany House bill fol' the relief ance Union of Tuckerton, N.J., to prohibit the sale of liquor in of Sarah A. McCann-to the Committee on Invalid Pensions. canteens and in immigrant stations and Governm-ent buildings­ By Mr. OLMSTED: Resolutions ofthePerry G\mnty,Pa., Agri­ to the Committee on Alcoholic Liquor Traffic. cultural Society, favoring the passage .of Senate bill No. 5024, to By ::M:r. GRAHAM: P~titions of the Central Presbyterian Church, promote commerce and increase theiorelgn trade of the United of Allegheny, Pa., David M. Skilling, pastor; Union Church and States-to the Committee on the l\ferchant Marine and Fisheries. Union Sunday school, of Kushequa. Pa., and Young People's By Mr. PAYNE: Petition of the Woman's Christian Temper­ Society of Christian Endeavor of Kushequa and Siverly, Pa., ance Union of Aubm'll, N. Y., to prohibit .sale of intox.ic&ting to prohibit the sale of liquor in canteens and in immigrant sta­ liquors in canteens and inlmmigrant stations aud in Government tions and Government buildings-to the Committee on Alcoholic buildings-to the Committee on Alcoholic Liqnnr Traffic. Liquor Traffic. Also, petition of the Ministe1·ial AHsociation of Auburn, N. Y., ..Also. memorial of the Women's National Indian Association, for the maintenance of prohibition in Alaska and Indian Terri­ Eliza Williams Jones, corresponding secretary, for the repeal of tory-to the Committee on Alcoholic Liquor Traffic. the .act authorizing the Chippewa Commission; also, the repeal of By Mr. PERKINS-: Resolntions of the Sioux City, Iowa, Live­ the act authorizing dead-timbercnttingin the Chippewa Reserva­ Stock Exchange, favoring the passage of Senate till No. 50.24 and tion-to the Committee on Indian Affairs. House bill No. 11312, t.o promote commerce and increase the for­ By Mr. GRIFFITH: Petition of Rev. James S. Campbell and eign trade of the United States-to the Committee on the Merchant 48 other citizens of Butlervme, A. T. Gridley and 20 others, of ·l\iarine and Fisheries. Aurora, and H. L. Shields and 26 others, of Columbus, State of In­ Also, resolution of the national encampment of the Grand Army diana, to prohibit the sale of liquor in canteens and in immigrant of the Republic, asking for the location of a Branch Soldiers' stations and Government buildings-to the Committee on Alco­ Home at Hot Springs, S. Dak~, to be known as the sanitarium of holic Liquor Traffic. the national system-to the Committee on Military Affairs. By Mr. GROW: Petitions of Cooper Street Methodist Episcopal By Mr. RAY of New York: Petitions of Mrs. Emma Brimmer 'Church and Woman's Christian Temperance Umon, all of Johns­ and others. of Vestal Center, 'Broome County, N. Y., to prohibit town, Pa., to prohibit the sale of liquor in canteens and in immi­ the sale ofliquor in canteens and in immigrant stations and Go-vern­ grant stations and Government buildings-to the Committee on ment buildings-to the Committee on Alcoholic Liquor Traffic. Alcoholic Liquor Traffic. By Mr. ROBBINS: Petitions of theWoman's Christian Temper­ By Mr. HEA'rWOLE: Petitions of the Methodist Episcopal, ance -p-nion and Senior Loyal Temperance Union of Putneyville, United Brethren, Congregational, and Baptist churches and Pa.; 11 churches 6f Scottdale, Pa.; Epworth League of Brock­ Woman's Christian Temperance Union, all of Waterville, Minn., wayville, Pa., and sunfu·y churche3 of Blairsville, Jacksonville, fo1· th~ enactment of legislation to prohibit the transmission by Homer City, and Conemaugh, Pa., praying for the enactment of mail or interstate commerce of pictures or descriptions of prize legislation to prohibit the sale of liquor in canteens and in immi~ fights-to the Committee on Interstate and Foreign Commerce. grant stations and Government buildings-to the Committee on Also, petitions of sundry churches of Waterville, Minn., to pro­ Alcoholic Liquor Traffic. hibit the sale of liquor in .canteens and in immigrant stations ancl By 1\fr. RUSSELL: Petition of 18 citizens of the United States Government buildings, and opposing the repeal of prohibition in engaged in mission work in Bulgaria .and Macedonia, to prohibit AlaS'ka-to the Committee on Interstate and Foreign Commerce. the sale of liquor in Government buildings-to the Committee on By Mr. HITT: Petition of the Woman's Christian Temperance Alcoholic Liquor Traffic. Union of Rockford, Ill., in favor of a bill to p1·otect State anti­ Also, :petition of the Woman's Christian Temperance Union and ciga~ette laws-to the Committee on Interstate and Foreign Com­ Sons of Temperance of Willimantic, Conn., praying for the enact­ merce. ment of legislation to prohibit interstate gambling by-telegraph, Also, petition of the Citizens' Association of Chicago, Ill., that telephone, or otherwise, and to protect State anti-cigarette laws- the employees of the new census should be selected after open to the Committee on Interstate and Foreign Commerce. . competitive examination-to the Committee on the Twelfth Cen­ · By Mr. SHow·ALTER: Protest of Shenango Presbytery, con­ sus. sisting of 6,000 members, against the seating of Brigham H. Rob­ By Mr. HOWELL: Petition of citizens of Manasquan, N. J., erts as a Representative from Utah-to the Committee on Elec­ favoring the passage of a bill prohibiting the sale of alcoholic tions No.1. liquors in Go-vernment buildings, et.c.-to the Committee on Al­ Also, petition of the First Congregational Church of Rochester, coholic Liquor ·Traffic. Pa., asking for the passage of the Ellis bill to forbid the sale of Also, petition of the City Improvement Society of New Bruns­ intoxicating beverages in Government buildings, etc.-to the wick, N. J., urging the incorporation of the civil-service provisions Committee on Alcoholic Liquor Traffic. in the bill creating the census bureau-to the Committee on the By Mr. SHUFORD: Petition of Jacob Sheek, of Davie County, Twelfth Census. N. C., praying reference of his war claim to the Court of Claims­ By Mr. JOHNSON of Indiana: Petitions of citizens of Maxwell to the Committee on War Claims. ancl Western Grove, Ind., to prohibit the sale of liquor in canteens By Mr. SMITH of Kentucky: Papers to accompany House bill and in immigrant stations and-Government buildings-to the Co:n­ No. 11299, for the relief of H. C. Wood-to the Committee on mittee on Alcoholic Liquor Traffic. Claims. By Mr. LANHAM: Petition of citizens of Glen Rose, Tex., to By Mr. STARK: Protests of Golhner Brothers and 63 other citi­ prohibit the sale of liquor in canteens and in immigrant stations zens of Seward, Nebr., and Hon. C. L. Richards and 49 others, of and Government buildings-to the Committee on Alcoholic Liquor Hebron, Nebr., against any Government aid or appropriation for Traffic. an exposition to be held at Omaha, Nebr., during the year 1899- By Mr. McALEER: Resolution of the Trades League of Phila­ to the Committee on Ways and Means. delphia, favoring investigation of the Albemarle and Chesapeake By Mr. STEELE: Petitions of Eli Rich and 49 other citizens of Canal, Chesapeake and Delaware Canal, and Delaware and Rari­ New London; Margaret Mehlig and Christian Endeavor Society of tan Canal, with the view to purchasing the same-to t.he Com­ Kokomo; F. Meredith and 53 citizens of Amboy; E. A. Rush_and62 mittee on Interstate and Foreign Commerce. others and L. J. Heller and 42others, of Jonesboro; E. Amber and Also, resolutions of the Board of Tracle·of Chicago, Ill., favor­ 40 others, of Pawpaw Township; J. B. Lettler and 60 others of the ing the improvement of the Chicago River-to the Committee on Christian Endeavor Society of the Presbyterian Church of Marion, Rivers and Harbors. ~11 of the Stat-e of Indiana, to prohibit the sale of liqnor ili can- '956 -CONGRESSIONAL RECORD-SENATE. JANUARY 24, teens and in immigrant stations and Government buildings:_to A bill (H. R. 11036) to restore Capt. Robert W. Dowdy to the the Committee on Alcoholic Liquor Traffic. activA list of the Army; By Mr. STURTEVANT: Petitions of the Woman's Christian A bill (H. R. 11159) to require the Capital Railway Company to Temperance Union and Young Men's Christian Association, of equip its cars with safety brakes; Corry, Pa., favoring the passage of a bill prohibiting the sale of A bill (H. R. 11186) to extend the laws relating to commerce, alcoholic liquors in Government buildings, etc.-to the Committee navigation, and merchant seamen over the Hawaiian Islands ceded on .Alcoholic Liquor Traffic. to the United States: By M.r. SUTHERLAND: Petition of Alfred Bostrom and 30 A bill (H. R. 1135S) for a roadway in the District of Columbia other citizens of Meriden. Nebr.. in relation to veterinarians in from Brightwood avenue across Rock Creek Park; the United States Army-to the Committee on Military Affairs. A bill (H. R. 11570) to cause the removal of weeds from lands By Mr. SULZER: Petitionof J. B. Athert9nand other citizens, in the city of Washington, D. C., and for other purposes; praying for the enactment of legislation to prohibit the introduc­ A bill (H. R. 1159·7) to extend S street, in the District of Colum­ tion of intoxicants into newly acquired territory-to the Commit­ bia, and for other purposes; tee on the Territories. A bill (H. R. 11605) for the wldening of Nineteenth street NW.; Also, resolutions of the Ancient Order of Hibernians, Philadel­ A bill (H. R. 11606) for the extension of New Hampshire avenue; phia County Board, in opposition to any alliance between the and United States and any foreign power-to the Committee on For­ A_bill (H. R. 11629) for the extension of Pennsylvania avenue eign Affairs. SE. to the District line. By Mr. TODD: Petition of Rev. L. B. Wilson, D. D., presiding The message further announced that the House had passed a. elder of the Methodist Episcopal Church, Washington, D. C., ask­ concurrent resolution providing for the printing of 6,000 additional ing for the passage of a bill to limit absolute divorce-to the Com­ copies of the report of the Director of the Mint for the fiscal year mittee on the District of Columbia. ended June 30, 1898; in which it requested the concurrence of the Also, petition of Mrs. J. Shaffmaster and 15 other citizens of Senate. Bronson, Mich., asking for the passage of the Ellis bill to forbid ENROLLED BILLS SIGNED. the sale of intoxicating beverages in all Government buildings­ The message also announced that the Speaker of the House had to the Committee on Alcoholic Liquor Traffic. signed the following enrolled bills and joint resolutions; and they By Mr. WEYMOUTH: Papers to accompany House bill No. were thereupon signed by the President pro tempore: 2373, for the relief of Egbert A. Stricksena-to the Committee on A bill (S. 626) for the establishment of a light-house and fog Claims. - signal or light-ship at a point north of the bell buoy near the By Mr. ZENOR: Petition of B. H. Fields, S. E. Grimes, Leonard broken part of the Pollock Rip Shoals, on the coast of Massachu­ Grimes, T. M. Mode, P.M. Ouerbacker, and 49 other citizens of setts; Leavenworth, Ind., to prohibit the sale of liquor in canteens and ·A bill (S. 2944) providing for the construction of a light-ship to in immigrant stations and Government buildings-to the Com­ be located near Cape Elizabeth, Me~; mittee on Public Buildings and Grounds. A bill (S. 5004) to authorize the construction of a bridge across the Missouri River at or near Oacoma, S. Dak.; A bill (H. R. 5069) granting a pension to Jacob N. Atherton; SENATE. A bill (H. R. 6411) granting an increase of pension to Henry K. Opp; . . TUESDAY, January 24, 1899. A bill (H. R. 8299) granting an increase of pension to Thomas Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. S. Tefft; The Secretary proceeded to read the Journal of yesterday's pro­ A bill (H. R. 5463) granting an honorable discharge to Prentice ceedings, when, on motion of Mr. LoDGE, and by unanimons con­ Holmes; ·· ' sent, the further reading was dispensed with. A bill (H. R. 9295) granting an increase·of pension to Justin 0. The PRESIDENT pro tempore. The Journal will stand ap­ Hottenstein; proved, without objection. A joint resolution (S. R. 210) authorizing the Secretary of War to receiVe for instruction at the Military Academy, at West Point, MESSAGE FROM THE HOUSE. Luis Yglesias, of Costa Rica;· and A joint resolution (H. Res. 338) to fill vacancies in the Board of A message from the Honse of Representatives, by Mr. W. J. Regents of the Smithsonian Institutio:n. · BROWNING, its Chief Clerk, announced that the House had agreed · to the amendments of the Senate to the bill (H. R. 5887) for the PETITIONS AND MEMORIALS. prevention of smoke in the District of Columbia, and for other Mr. TURLEY presented the petition of ·J. C. Kendrick, presi­ purposes. dent, and 28 other meuibers of the Tobacco Board of Trade of The message also announced that the House had passed the fol- Clarksville, Tenn., praying that the custom-house regulations of lowing bilJs and joint resolution: · Cuba and Porto Rico be changed so as to admit tobaccos from A bill (S. 4316) to incorporate the American Social Science Asso- Tennessee, Kentucky, and Virginia free of duty; which was .re:' ciation; · ferred to the Committee on Commerce. . · A bill (S. 4626) to change the proceedings for admission to the Mr. FAIRBANKS presented a memorial of Local Union No. Government Hospital for the Insane in certain cases, and for other 215, of Cigar Makers' International Union of America, of Logans­ purposes; and port, Ind., remonstrating against the annexation of the Philip­ A joint resolution (S. R. 222) to furnish the CoNGRESSIONAL pine Islands; which was referred to the Committee on Foreign RECORD to the Li.brary of Cong1·ess. · Relations. The message further annotmced that the House had passed with He also presented petitions of W. B. Hoffsinger and 105 other amendments the following bills in which it requested the con­ citizens .of Terre Haute; of Jonathan Jessup and 48 other citizens currence of the Senate: of Western Grove; of Charles F. Turner and 14 other citizens of A bill (S. 3816) for the relief of Mary J. Cranston, of Washing­ Tipton, and of J. S. Youse and 30 other citizens of Hoagland, all ton, D. C.; and in the State of Indiana, praying for the enactment of legislation A bill (S. 4700) to receive auearages of taxes due the District of to prohibit the sale of liquor in canteens of the Army and Navy, Columbia to July 1, 1896, at 6 per cent per annum, in lien of and of Soldiers' Homes, and in immigrant stations and Govern­ penalties and costs. ment buildings; which were referred to the Committee on Mili­ The message also announced that the House had passed the fol­ tary Affairs. lowing bills; in which it requested the concurrence of the Senate: Mr. McMlLLAN presented a petition of the Farmers' Club of A bill (H. R. 6248) to provide for the disposition of assessment Saline, Mich., praying for the enactment of legislation to increase certificates of the District of Columbia, and for other purposes; American shipping; which was referred to the Committee on A bill (H. R. 8626) to -punish the impersonation of weightmas­ Commerce. ters in the District of Columbia, and for other purposes; Mr. HOAR presented a memorial of the Temperance Committee A bill (H. R. 8711) for the relief of Francesco Perna; of the Congregational churches of Massachusetts, and a metnorial A bill (H. R. 8816) for the relief of the heirs of Minnie Fred­ of the Massachusetts Woman's Christian Temperance Union, re­ erich; monstrating against the enactment of legislation to provide for A bill (H. R. 9760) to redeem outstanding certificates issued b;y; licensing the sale of alcoholic liquors -in the rrerritory of Alaska; the board of public works of the District of Columbia held by which were referred to the Committee on Territories. W. D. Williams; Mr. QPAY presented a petition of the Friends' Meeting of A bill (H. R. 11023) to regulate the height of buildings in the Lansdowne, Pa., and a petition of Carversville Union, of Bucks District of Columbia; County, Pa., praying for the enactment of legislation to prohibit A bill (H. R. 11024) to authorize the Commissioners of the Dis­ the sale of liquor in canteens of the Army and Navy and of Sol­ trict of Columbia to remove dangerous or unsafe buildings and diers' Homes, and in immigrant stations and Government build.. parts thereof, and for other purposes; ings; which were refe1·red to the Committee on Military Affairar