870 CONGRESSIONAL RECORD-SENATE. JANUARY 21, others, citizens of Poughkeepsie, N.Y., asking for the passage of the By Mr. GROUT: Of 495 ·citizens; and of 692 citizens of the second Senate bills 52 and 53-to the Committee on Indian Affairs. district of Vermont. By Mr. KLEINER: Petition of the Indiana. State Grange; of the By Mr. HAYDEN: Of 248 citizens of the fifth district of 1Ia.3Sachu­ Indiana Tile and Drainage Association; of the Indiana State Board of setts. Agriculture;. and of the Indiana Horticultural Society~ in favor of By Mr. KETCHAM: Of 48 citizens of the sixteenth district of New establishing agricultural experiment-stations-to the Committee on York. Agriculture. By Mr. LANDES: Of 206 citizens of the sixteenth district of Dli­ By Mr. MARTIN: Petition of the American Shipping and Industrial nois. League, in favor of the Dingley bill, and for other purposes-to the By Mr. LITTLE: Petition of Mrs. HenriettaL. Monroe, president, Select Committee on Ship-building and Ship-owning Interests. and other officers of the Ohio Women's Christian Temperance Union, By 1\Ir. MOFFA.TT: Petition of R. B. Reynolds and 35 others, of for the passage of the Blair bill. Inland, Benzie County, Michigan, in favor of the passage of House bill By Mr. PINDAR: Of citizens of the twenty-fourth district of New 2933-to the Committee on Agriculture. York. By Mr. MORRILL: Petition of Grand Army of the Republic, Post By 1\fr. SAWYER: Of 94 citizens of the thirty-first district of New Soldier of Kansas, asking for the passage of the Edmunds-Tucker Mor­ York. mon bill-to the Committee on Judiciary. By Mr. MORROW: Memorial by telegraph from thepresident ofthe Chamber of Commerce of San Francisco, Cal., in favor of appropria­ tions for coast defenses and increased naval force-to the Committee on SENATE. Appropriations. FRIDAY, January 21, 1887. By Mr. NORWOOD: Petition for the continuance of collector at Brunswick, Ga.-to the Committee on Ways and Means. Prnyer by the Chaplain, Rev. J. G. BUTLER, D. D. By Mr. OSBORNE: Resolution of the New York Board of Trade and The J ou.rnal of yesterday's proceedinga was read and approved. Transportation, favoring the passage of the interstate-commerce bill­ ROBERT ST.RACH.A.N. to the Committee on Commerce. Also, resolutions of the Western Pennsylvania Agricultural Associ­ The PRESIDENT pro tempore laid before the Senate the amendment ation, favoring the passage of the Miller bill relative to pleuro-pneu­ of the House of Representatives to the bill (S. 574) for the relief of Rob­ monia-to the Committee on .Agriculture. ert Strachan; which was referred to the Committee on the District of Also, resolutions of the KnightsofLaborofWashington, D. C., favor­ Columbia. ing the passage of the bill (H. R. 7217) providing for the organization of BATTLE SWORD OF CAPT. S. C. REID. the Territory of Oklf}homa-to the Committee on Territories. The PRESIDENT pro tempore laid before the Senate the following Also, resolutions of the New England Ship-owners' Association, favor­ message from the President of the United States; which was read, and, ing the passage of the Dingley pilot bill-to the Select Committee on with the accompanying papers, ordered to lie on the table, and be American Ship-building and Ship-owners Interests. printed: By .Mr. PERKINS: Petition and papers in support of the pension To the' senate and. H011.se of Representatives: claim of James Spring, of Winfield, Kans.-to the Committee on In­ I herewith transmit a. communication addressed to me by Mr. Samuel C. Reid, vaHd Pensions. who offers to the United States the battle sword (now in my custody) of his father, Cnpt. Samuel Chester Reid, who commanded the United States private­ By Mr. PINDAR: Petition of George A. Trumbull Post, No. 157, armed brig General Armstrong, at the battle of Faya.l, in September, 1814. Grand Army of the Republic, of Experience, N. Y., asking for the pas­ I respectfully recommend that appropriate action be taken by Congress for the sage of the Edmunds-Tncker bill-to the Committee on the Judiciary. acceptance of this gift. GROVER CLEVELAND. Also, resolutions of the New York Board of Trade and Transporta­ EXECUTIVE M.L~SION, tion Company, relative to the· interstate-commerce bill-to the Com­ Washington, January 20, 1887. mittee on Commerce. By Mr. RIGGS: Letter from Col. W. H. Fulkerson, of Jerseyville, STATE DEPARTMENT CONTINGENT FUND. Til., in favor of the Miller pleuro-pneumonia bill-to the Committee The PRESIDENT pro tempore laid before the Senate the following on Agriculture. message from the President of the United States; which was read, and, By Mr. STEELE: Petition of Sylvester Johnson, president Indiana with the accompanying papers, referred to the Committee on Appro­ Horticultural Society; of Milton Trusler, master of the Indiana State priations, and ordered to be printed: Grange; ofT. E. Chandler, president of the Indiana Tile and Drain­ To the Senate of the Un ited States: age Association; and of W. B. Seward, president Indiana State Agri­ I have the honor to transmit to the Senate herewit-h a. report of the Secretary of State in answer to the resolution of the Senate of the 11th instant, requesting cultur:U Association, asking for the passage of the bill establishing ex­ "estimates for the contingent fw1d of each bureau" iu the Department of State. perimental farms in the several States-to the same committee. GROVER CLEVELAND. :By Mr. W. J. STONE, of Missouri: Petition of S. T. Ryan and others, EXECUTIVE MANSION, citizens of Missouri, in favor of the experiment-station bill, and for Washington, January 20, 1887. other purposes-to the same committee. CLAIMS AGAINST REPUBLIC OF HAYTI. Mr. TAULBEE: Petition of Nimrod Mcintosh, late private Com­ By The PRESIDENT pro tempore laid before the Senate the following pany D, Sixth Regiment Kentucky Cavalry, and second lieutenant message from the Pl'esident of the United States; which was read: Company K, Fourteenth Regiment Kentuc1..~ Cavalry, for the removal of the charge of desertion standing against him-to the Committee on To the Senate : I transmit herewith a. report of the Secretary of State in answer to the resolu­ Military Affairs. tion of the Senate of D ecember 8, 18 6, relative to the claims of .Antonio Pelle~ By .l'tlr. VAN EATON: Papers relating to the claim ofMrs. Elizabeth tier and A. H. Lazare against the Republic of Hayti. Mackin, to accompany Honse bill 6113-to the Committee on War GROVER CLEVELAND. EXE CUTIVE 1\IANSION, Claims. Washington, Janua1-y 20, 1887. By Mr. WAIT: PetitioliofHngh H. Osgood, of Norwich, Conn., for the repeal of certain internal taxes-to the Committee on Ways and The PRESIDENT pro tempore. The Chair calls the attention of Means. the Senator from Vermont [Mr. EDMUNDS]. The Chair is in doubt By Mr. WILSON: Petition of the town council of West Grafton, W. whether it is necessary to order accompanying documents to be printed. Va., for an appropriation for a national cemetery at Grafton, W.Va.- Mr. EDMUNDS. Probably they had better not be printed at first, to the Committee on Military Affairs. · and the Committee on Foreign Relations can examine them and see whether they need be printed. The PRESIDENT pro tempore. The message will be printed, and, The following petitions, praying for -the enactment of a bill provid­ with the accompanying papers, referred to the Committee on Foreign ing temporary aid for common schools, to be disbursed on the basis of Relations. illiteracy, were severally referred to the Committee on Education: EXECUTIVE COMMUNICATIONS. By Mr. BUNNELL: Of 222 citizens of the fifteenth district of Penn­ The PRESIDENT pro tempore. The Chair lays before the Senate a sylvania. communication from the Secretary of State, transmitting copies of a By Mr. BURROWS: Of 297 citizens of the fourth district of Mich­ memorial of several historical societies, and making statement relative igan. to the purchase of a digest and catalogue of documents in Europe rela. By Mr. J. 1\L CAMPBELL: Of citizens of Somerset, Pa. t ingtotheea.rlyhistoryofthe United States, prepared by B. F. Stevens. By Mr. CURTIN: Of 323 citizens of the twentieth district of Penn­ Mr. HOAR. I move that all the papers be printed and referred to sylvania. the Committee on the Library. They are very brief. . By Mr. EVERHART: Of 127 citizens of West Grove, and 40 citizens The PRESIDENT pro tempore. Does the Senator desiro iho lotter of Spring City, Chester County, and 14 citizens of Delaware County, of the Secretary of State read? Pennsylvania. Mr. HOAR. It is not necessary. By :hir. FARQUHAR: Of 218 citizens of the thirty-second district Mr. EDMUNDS. It ought to be read. of New York. Mr. HOAR. Yes; that is the ordinary courtesy. 1887. CONGRESSIONAL RECORD-SENATE. 871

The PRESIDENT pro tempore. The letter need not be read. It bacco dealers pay only $240 a year. The petition is sent to me with will be printed with the accompanying papers, in the usual way. the following letter: The PRESIDENT pro tempore laid before the Senate a communica-­ LOUISVILLE, KY., January 19, 1887. tion from the Secretary of the Treasury, transmitting a report frpm the 1\IY DEAR SENATOR: At the request of a large number of our mer<:han.ts, I writ.e and inclose a bill reducing the wholesale and retail dealers' spec1al hc~uses on United States Treasury relative to an appropriation of $50,000 for oleomargarine, and request th:a.t you introduce the same and ask for 1ts refer­ printing and separating silver certificates and legal-tender notes, and ence to your Finance Committee. preparing them for issue; which, with the accompanying papers, was These exorbitant special taxes have completely ruined the Sou~hern trade of our commission merchants in thls commodjty, and consequently JS< a great loss referred to the Committee on Appropriations, and ordered to be printed. to the business interest of our city. The law works in the interest of the large The PRESIDENT pr:o tempore. The Chair lays before the Senate a manufactories of Chicago. communication from the Secretary of the Interior, transmitting, in I also send you a memorial to the same ~ffeet, signed by our officials.a:nd m~r­ chants. It is needless for me to add anythmg fu1·ther, as you are so fam1har wtth reply to a resolution of January 19, 1887, the report of Capt. Moses the whole subject. Harris, Firs~ Cavalry, acting superin tendent of theYellowstone National Park; which, if there be no objection, will, with the accompanying Very respectfull!, GEORGE T. WOOD. Hon. JAMES B. BECK, papers: be referred to the Committee on Public Lands, and ordered to Washington, D. C. be printed. Mr. MANDERSON. Should not the document be referred to the Accompanying the petition is a carefully prepared bill to cany out Committee on Territot:ies, relating as it does to the YelJowstone Na­ the purposes of the petition. I move the reference of all these papers tional Park? I make that suggestion in the absence of the chairman to the Committee on Finance. of the committee. The motion was agreed to. The PRESIDENT pro tempore. If there be no objection, it will be Mr. BECK. I present three similar petitions, one signed by n. S. referred to the Committee on Territories. Frazer and 21 other citizens of Covington, Ky., another signed by a Mr. ALLISON. That is q. communication from the superintendent number of citizens of Paducah, Ky., and another by citizens of New­ of the park? port, Ky., all to the same effect. I move that they be refened to the The PRESIDENT pro tempore. It is. Committee on Finance. Mr. ALLISON. That was called for by the Senator from Missouri The motion was agreed to. [Mr. VEST] day before yesterday, and I think with a view of present­ Mr. FRYE. I present the petition of John M. Spear and a large ing it to the Committee on Appropriations, with some idea. of changing number of other citizens of Eastport, Me., petitioning for retaliatory the method of governing the park. legislation against Canada in the fishery matter, and also for an in­ Mr. MANDERSON. I have no objection to that reference. crease of duty upon fresh and salt fish. It is accompanied by a letter The PRESIDENT pro tempore. If there be no objection, the com­ to me urging upon me diligence in this matter. I do not think that munication will be referred to the Committee on Appropriations. Canada will make any complaint that I have not been diligent in the The PRESIDENT P!O tempore laid before the Senate a communica­ matter of the fisheries, so far as I am concerned; and I simply would tion from the Attorney-General, transmitting a statement as to the like my constituents to understand that, so far as imposing a duty upon rents paid for rooms and building for the use of the United States fish is concerned, it is not, under the Constitution, in the power of the courts, with a view of increasing the appropriation therefor; which, United States Senate to originate a bill imposing such duty. With the accompanying papers, W::J.S referred to the Committee on Ap- The PRESIDENT p1·o tempore. The petition will lie upon the table. propriations, and ordered to be printed. . Mr. BROWN. I present a memorial from the mayor and aldermen He also laid before the Senate a communication from the Secretary of and a large number of merchants and business men of Brunswick, Ga., the Treasury, transmitting a letter from the Secretary of War, submit­ strongly protesting against the report of the Committee on Ways and ting an estimate of appropriation of $10,000 for improving the water­ Means in the House of Representatives, recommending the consolida­ power of the Rock Island arsenal; which, with the accompanying papers, tion of the ports of Georgia into one collection district. I mo-ve that was referred to the Committee on Appropriations, and ordered to be the memorial be referred to the Committee on Commerce. printed. . The motion w.as agreed to. PETITIONS AND 1\IlniORIALS. Ur. RIDDLEBERGER presented the petition of Captain John Cow­ The PRESIDENT pro te-mpore presented a petition of citizens of den in relation to the non-compliance of Captain James B. Ea.ds with New Lisbon, Ohio, and a petition of citizens of Ohio generally, pray­ the provisions of the so-caJ.led Ea-ds jetty act; w,hich was 1·efened to the ing for a repeal of the internal-revenue taxes; which were referred to Committee on Commerce. the Committee on Finance. . M:r. HAnE presented the petition of George W. White and other Mr. CAMERON presented a petition of the Board of Trade of Phila­ citizens of Maine, praying for the rebuilding of the breakwater at the delphia, Pa., praying for the passage of the so-called Miller bill for the northerly entrance of Owl's Head Harbor, Me.; which was referred to suppression of pleuro-pneumonia; which was referred to the Commit­ the Committee on Commerce. tee on Agriculture and Forestry. Mr. INGALLS presented the petition ofT. 1L Woodward and 24 He also presented a petition of druggiSts of Pittsburgh, Pa., praying other citizens of Elk Falls, Kans., praying for a reduction of the special for a recJ.uction of the internal-revenue taxes; which was referred to taxes, and for the repeal of the obnoxious and prohibitory features of the Committee on Finance. the oleomargarine bill; which was referred to the Committee on Agri­ · Mr. PALMER presented a petition of the Detroit (Michigan) White culture and Forestry. Lead Works, praying for the repeal of the .internal-revenue taxes; Mr. HAMPTON. Ihavejn.<>treceived two memorials from theCbam­ w hlch was referred to the Committee on Finance. berofCommerce of Charleston, South Carolina, in reference to the Char­ He also presented the petition of Lewis Johnson and 31 other citizens lestonjetties, which the Senate took action upon the other day. I move of Grayling, b-fich., praying for a reduction of the special taxes and the reference of the memorials to the Committee on Commerce. for the repeal of '' the prohibitory and monopolistic features'' of the The motion was agreed to. oleomargarine bill; which was referred to the Committee on Agricult­ Mr. BUTLER. Ihavealsoreceivedsimilarpetitionsfrom the Cham­ ure and Forestry. ber of Commerce of Charleston. I move their reference to the Commit­ He also presented the memorial of D. Follmer and 31 other citizens tee on Commerce. . of Michigan,. remonstrating against the extension of the patent to The motion was agreed to . David L. Garner for a spring-tooth harrow; which was referred to the Mr. EVARTS presented the petition of F. A. Linsley and 26 other Committee on Patents. citizens of the city of New York, praying for a reduction of the special ?tfr. PAL~IER. I present also a petition of 2,500 women of Detroit, ta.xes and repeal of "the obnoxious, prohibitory, and monopolistic feat­ Mich., praying for the enactment of statutes providing for the adequate ures ''of the oleomargarine act; which was referred to the Committee on punishment of crimes against women and girls, and I ask that it be re­ Agriculture and Forestry. ferred to the Commi~e on the Judiciarv. He also presented a petition of William W. Wright, a petition of I will state that the names signed to the petition include a large num­ Francis Keirns, and a petition of William J. Carlisle, praying for the en­ ber of the most respectable women in Michigan, women known in all adrnent of a law extending the time for filing claims for pension arrears; good works, and I hope that the petition will not receive the treatment which were referred to the Committee on Pensions. that many petitions do. I hope it will be acted upon. Mr. VEST presented the petition of Woodward, Faxson & Co., The PRESIDENT pro tempot·e. The petition will be referred to the wholesale druggists of Kansas City, Mo., .praying for a reduction of in­ Committee on the Judiciary. ternal taxes; which was referred to the Committee on Finance. Mr. HAWLEY presented the petition of Hugh H. Osgood, of Nor­ Mr. SEWELL presented a petition of the Burlington County Agri­ wich, Conn., praying for the repeal of internal taxes; which was referred cultural Society, of New Jersey, prayingforthepassageoftheagricult­ to the Committee on Finance. ural experiment-station bill; which was ordered to lie on the table. Mr. BECK. Mr. President, I present a petition of leading officials of He also presented resolutions adopted by the Vessel-Owners and Jefferson County, Kentucky, and 135 merchants, bankers, and citizens Captains' Association, favoring the passage of the bill abolishing com­ of Louisvilltt, praying for the reduction of the special taxes on oleo­ pulsory pilotage; which were referred to the Committee on Commerce. margarine, and asking that the same may be equalized so that wholesale Mr. COCKRELL presented the petition of H. A. Crawford, J. M. dealers in oleomargarine shall not pay $480 a year while wholesale to- Thompson, George A. Baker, and other citizens of Saint Louis, Mo., 872 CONGRESSIONAL RECORD-SENATE, JANUARY 21, praying for the repeal of internal-revenue taxes; which was referred to tected, and permitted, not by quiet acquiescence of the Distric'li commissioners, which your petitioners suggest would be t~rrible enough, but by the aggressiv~ the Committee on Finance. authority and protection of said commissioners, a. case is presented shocking in Mr. PLUMB presented a petition of citizens of Marion, Kans., pray­ the extreme; and when it is further added that all the hcenses are granted by ing for the passage of the bill (H. R. 1096) for the amendment of the the commissioners, aud many of them in direct violation of law, as we believe, and against reports and protests of the police, and of the residents, a case is present pension laws; which was referred to the Committee on Pen­ presented, as it seems to your petitioners, demanding, in the interests of hu­ sions. manity and common decency, a most thorough and careful investigation. CO:ll:\llTTEE ON PRIVILEGES A~D ELECTIOXS. And when it is further considered that large numbers of the houses of pros­ titution, and known to the commissioners to be such, have during the past year Ur. HOAR. I move that the Chair be authorized to fill the vacancy been permitted to deposit $100 with the District commissioners, or with the on the Committee on Privileges and Elections occasioned by the death proper officer by their direction, and then permitted to sell all kinds of liquor without ever obtaining licenses, because it was claimed to be essential to the of Senator LOGAN. - successful prosecution of their most nefarious and degrading business, this adds The PRESIDENT p ro tempore. The Senator from Massachusetts but another link to the chain of evils of which this community may justly com­ moves that the Chair be authorized to fill the YaC:l.IJ.cy on the Commit- ­ plain. Recently a member of the police force was directed to gather up the outstanding receipts for the above mentioned deposits, and the commissioners, tee on Privile2:es and Elections. in direct violation of law, as your petitioners believe, have granted liquor li· The motion~was agreed to; and the President pro tempore appointed censes to many of said houses of prostitution and vice. Jt'Ir. SPOO~ER to :fill the vacancy. But your petitioners, to be more explicit in their charges of direct violation of law, respectfully submit: DISTRICT LIQl:OR LICESSES. First. That fi>e restaurants or liquor saloons have been licensed on B street, between First and Second streets, southeast, without a majority of either the Mr. COLQUITT. Mr. President, I hold in my hand a petition to bonafide residents or owners of property, as required by law, and in direct vio­ lation of the act of August 23, 1871, section 10, and notwithstanding the ad verse this body signed by the officers and the executive committee of the report of both the lieuten&nt and major of police. Said licenses were grant-ed to Women's Christian Temperance Union, representing hundreds of the James Foy, No. 105; George Paine, No. 135; Sarah J. Schaefer, No. 139; E. V. Christian women of this District. · Rice, No. 145, and Eugene M. Chilina,No.147 Bstreet southeast., au on the same block, and the same offense and violation of law has been committed in other I assume no responsibility for the startling facts embraced in this cases, concerning which your petitioners will furnish evidence whenever your petition, while I do answer for the pure motives and the high character honorable body may desire it. of those who lay it before this body. • Second. By the same act, sections 3 and 15, it is provided that these drinking· houses shall not be open on Sundays, or after 12 o'clock midnight, or before • The petition is bold and aggressive. It challenges the investigation o'clock a. m. This law is violated in numerous cases every Sunday, and the of the facts, and for this very reason it has a claim upon our atten­ persons so violating it and their places of business are known, yet the licenses tion. It is a plea by mothers and wives who honor this city by all of these known offenders have not been revoked. Third. The act of October 10, 1886, section 6, provides that before issuing a li­ benevolent acts and by the most exalted virtues. It is an appeal by cense, the commissioners shall be fully satisfied of the good moral character of dependent womanhood to this body of ''grave and reverend seigniors '' the person applying, yet they have issued liquor licenses to bawdy houses, known for protection against such an excess of vice and lawlessness in this to the commissioners to be such, and so reported to them by the police, among which will be found the following notorious houses of prostitution located a.s capital of our Union as should not only alarm but humiliate us. follows: Numbers 313 Thirteen-and-a-half street northwest 309 Thirteen-and-a­ 'Ve can never disregard the voice of woman when it is uttered in be­ half street northwest, corner Fifteenth and D streets northwest, 1313 D street half of social purity and of public virtue. This petition brings such northwest, and your petitioners respectfully submit that they will supply the names of these and many others whenever your honorable body or a committee an impeachment against this city and this District as to lead one to be­ desire. lieve we are but little better, in a condition of immorality, than that Fourth. The same laws provide that but one bar shall be allowed under one state which denotes the lowest of existence. and the same license. Yet this has been repeatedly violated with the full knowl· edge of the commissioners, who, being fully advised of the fact by the pollee, It has caused these petitioners no little struggle to venture before this have failed to revoke the licenses in such cases, or to do any other thing to pre­ body. They know how hard is the lot of the reformer; they know how vent or punish such violations of this provision of the law, conspicuous cases of they expose themselves to the flings of the heartless and the supercil­ which are the race-course, Scheutzen Park, and George Holmes's saloon, where two or more bars in each place are conducted under one license. ious. The well-meaning and the benevolent they well know are often Fifth. By the police and commissioners' regulations it is provided that no Ji. put on the defensive when their only effort is to snatch others from censes shall be issued for the sale of liquors within 400feet of any public school. ttestruction. But this provision ha.s been violated in the case of the High School, on 0 street, the Wallach, Peabody, and other schools, a specific reference to each of which We have ample power in this District; our responsibility is well will be furni5hed whenever desired. known, and how we use it or how we refllse to use it will attest our Sixth. Your petitioners further charge that the commissioners have violated fidelity to the tmst committed to us. If the facts, the dreadful facts, the license law in granting licenses to men charged with crime, and dating said licenses back so as to defeat and prevent conviction under the law; a conspicu· which are brought to light by this petition shall be proved to be well ous case of which was that of Jerry Keef, corner of Third and Q streets north· founded, I can not see why we should not intervene to redress these west, who was arrested for selling liquor without a license, whereupon the com­ grievances. I can not see how we can excuse ourselves· to our own missioners gave him a license dated back to cover the period of his offense, and that, too, without requiring the consent of a. majority of the residents and prop­ consciences, to the people of this country, or to the world, if we evade erty owners, as required by law. Many other cases exist that will be furmshed our dutv. whenever desired. I ask wthat the petition be read in the hearing of this body, and let it Seventh. Your petitioners further charge that house and premises No. 1422 Pennsylvania avenue is owned by one of the District commissioners, and is go, as a matter of course, upon the record. The petition is supplemented rented to one W. W. Gould and used by and for the gambling schemes of the by a resolution of a preachers' meeting in this city, representing twenty Louisiana State Lottery, M. A. Dauphin, agent; that the use of the said build· pastors of churches here, and I ask that that may also be read. ing for said gambling purposes is well know to said commissioner and is per· mitted by him. The PRESIDENT pro tempore. The Senator from Georgia asks the Eighth. Your petitioners further submit that the District commissioners, be· unanimous consent of the Senate that the petition referred to by him fore entering upon the discharge of their duties as such, are required to give be read. If there be no objection it· will be read at length. bond in the sum of $50,000, and your petitioners charge that Frank Hume, the president of the Liquor Dealers' Association of the District, is the bondsman of Mr. RIDDLEBERGER. I ask the Senator to allow me to let the one of said commissioners, and there is reason to believe largely controls the petition which I hold in my hand, coming from a number of citizens granting of liquor licenses. of Virginia, accompany his, as it touches the same subject-matter in Wherefore, your petitioners most respectfully pray that the United States Senate direct a. thorough investigation of the facts charged herein, regarding the District of Columbia. The petition I present need not be read, but the administration of the District government, and provide for the proper en­ the Senator's name is mentioned in it, and the bill is mentioned in it. forcement of law and the protection of the homes of the District. Just let this accompany his petition, and read only the one he has sent And your petitioners will ever pray. MRs. SARAH D. LA FETRA, to the desk. President. The PRESIDENT pro tempore. The Chair will receive the petition Miss LIZZIE C. KESSLER, if there be no objection. The petition presented by the Senator from Corresponding Secretary. Georgia [Mr. CoLQUITT] will be read. 1\IETHODIST PREACHERS' MEETING, FOUNDRY CHURCH, The Chief Clerk read as follows: January 17,1887. W ASH I X GTO::;, D. C., Janua1·y, 1887. Inasmuch as we have heard from a committee of the Women's Christian To the Senate of the Ul~ ited States: Temperance Union an explanation of the statement of charges against the ad­ ministration of the District government, and their petition to the Senate of the The Women's Christian Temperance Union, of the District of Columbia., re· United Stat.es for an investigation of these charges: spectfully represent to your honorable body that their said organization, com­ Resolved, That we agree with. the !J.l.dies of the Women's Christian Temper· posing a large membership of Christian women, feel constrained, in the interest ance Union in this petition for a thorough investigation. of their homes and the best interests of all the p eople of this District, tore­ W?.I. H. OHAPl\IAN, President. spectfully and sorrowfully submit the following facts: That the board of commissioners of the District of Columbia, disregarding The PRESIDENTp1·otempore. The petition and accompanying paper the purity, the safety, and the moral interests and rights of the people, and in direct violation of law, as we believe, are, and have been for months past, per­ will be reterred to the Committee on the District of Columbia. The mitting and protecting gambling halls, pool rooms, and drinking establish­ petition presented by the Senator from Virginia [Ur. RIDDLEBERGER], ments, as well as dens of prostitution, immorality, and vice, in carrying on their of citizens of Virginia, in favor of conferring upon citizens of the Dis­ vicious and p ernicious business in all sections of the city. Your petitioners re-­ spectfully represent that in their free and unlimited distribution of grog-shop, trict the right to determine by ballot the question of granting liquor saloon, and liquor licenses they have increased the number of said places to an licenses, will also be referred to the Committee on the District of Co· unprecedented extent, being more than one hundred in excess of any other lumbia. period in the history of the District, and h ave foisted upon the people a. liquor establislunent to about every one hundred and forty persons, and if there be Mr. HAWLEY. The statement in the petition whic.h has been pre­ added to this alarming list the great number of known bawdy houses, pool sented by the Senator from Georgia is a tremendous in~ictment. It rooms, gambling houses, and other dens of vice, there is an array of facts ap­ is a shocking revelation. I submit to him whether there ought not to palling to coctemplate; and when to this is added the further charge, resting upon facts within the knowledge of your petitioners, that many of these dens of be instructions to the District Committee or to SOll\e special committee wretchedness and vice ha>e liquor licenses. • and all of them are known, pro- to make an immediate and severe investigation. ·-- ---~

1887. I, CONGRESSIONAL RECORD-SENATE. 873

Mr. COLQUITT. I did not feel that it was incumbent upon me to to say now that · t was my intention to determine the sense of the make any suggestions to the committee. I had no doubt that they Senate upon the question whether in legislating for the District of would be in full sympathy with any movement with a. view to sup­ Columbia we would adopt the-high license system or the system of press these heinous offenses, and that they themselves would suggest prohibition. measures for their suppression. It is with confidence, therefore, that I believe in prohibition. I know with what difficulty-prohibitory I commit the petition to the Committee on the District of Columbia.. laws are enforced, but this is the capital of the nation. The power of 1\Ir. INGALLS. 1\'lr. President, the allegations that are presented legislation for the District of Columbia in all matters is committed to in the petition which has been read touching the condition of affairs Congress, and if anywhere in the United States prohibition can be en­ in this District concerning the sale of distilled and fermented liquors, forced it is here, where the whole power of Government can be invoked concern a question that has long engaged the attention of the Commit­ in aid of the enforcement of such a law. tee on the District of Columbia. I think it is here that the honest, vigorous, thorough attempt to pre­ There is no doubt that there ~s a very great violation not only of law vent the sale of'intoxicating liquors should be made. If, with all the but of moral and social order in connection with the transactions to power of the Government back of such a law, it should fail, that would which the petition refers. In my judgment licenses have been granted seem to be a determination of the question whether prohibitory legis­ in violation of the statutory provision of Congress upon the subject. lation can be enforced. If it should succeed, it would seem to demon­ But in order that the Senate and the country may understand that strate the fact that, with proper authority and with proper effort, the the District Committee has neither been oblivious nor neglectful of observance of prohibitory laws ca.n be enforced, and the sale ofintoxi­ these matters, I feel it to be my duty now to call the attention of this cating liquors, which does more than any other one thing to harm and body to the fact that on the 4th day of February, 1886, I introduced a. hinder and retard the prosperity and growth of this country, can be bill regulating the sale of distilled and fermented liquors in the Dis­ suppressed. trict of Columbia, which was referred to the committee of which I am REPORTS OF CO.llMITTE.ES. chairman. On the 19th of that month the bill was reported by me Mr. BOWEN, from the Committee on Indian Affa-irs, to whom the with an amendment, and subsequently, during the last session of Con­ subject was referred, reported a bill (S. 3184) granting the Utah Mid­ gress, was passed by the Senate; and if the other branch of Congress land Railway Company the rightofwaythrough the Uncompahgre and had been as diligent as the Senate has been, one great cause of com­ Uintah reservations, in the Territory of Utah, and for other purposes; plaint which has been set forth in the petition that has been read would which was read twice by its title. have been removed. He also, from the same committee, to whom was referred the bill (S. In order that the Senate and the country may understand exactly 3094) granting the Utah Midland Railway Company the right of way what has been done by this body for the purpose of correcting those evils through the Uncompahgre and Uintah reservations, in the Territory of whose existence we all admit and all deplore, I ask that the Chief Clerk Utah, and for other purposes, moved its indefinite postponement; which may read again the bill that passed this body, and which is now pend­ was agreed to. ing before the District Committee of the House of Representatives. Ur. CULLOM:, from the Committee on Territories, to whom was re­ The PRESIDENT pro tempore. If there be no objection the bill re­ ferred the bill (H. R. 2812) to approve an act of the thirteenth Legis­ ferred to will be read. lative Assembly of Arizona, entitled "An act to establish, maintain, The Chief Clerk read as follows~ and provide for the government of an insane asylum," approved March A. bill (S. 1380) regulating the sale of distilled and fermented liquors in the 9, 1885, reported adversely thereon, and the bill was postponed indefi­ District of Columbia. nitely. Be it enacted, &:c., That from and after the pasSage of this aet, all persons who shall obtain from the assessor of the District of Columbia. licenses as dealers in Mr. SPOONER, from the Committee on the District of Columbia, to distilled and fermented liquors, wines, and cordials in said District, under ex­ whom was referred the bill (H. R. 8893) directing the commissioners of isting laws, shall pay annually for such license the sum of $300: Provided, That such license shall not authorize any person to sell such liquors, wines, or cor­ the District of Columbia to execute a deed of quitclaim and release to a dials in less quantity than one pint, nor to be drunk upon the premises where certain alley in Washington to Cornelia P. Randolph and others, re­ sold. ported it without amendment. SEc. 2. That proprietors of bar-rooms who shall obtain licenses in the said District shall pay $'>00 annually for such license. Every place where distilled, WILLLDI ERVIN. malt, or fermented liquors, wines, or cordials are sold to be drunk on the prem­ ises, or in quantities less than one pint, shall be regarded as a. bar-room; and the Mr. SPOONER. I am instructed by the Committee on Claims, to possession of malt, distilled, fermented, or any intoxicating liquors, with the whom was referred the amendment of the Honse of Representatives to means and appliances for carrying on the business of disposing of the same to the bill (S. 542) for the relief of William Ervin, to report it back, be drunk where sold, shall constitute the premises a bar-room within the mean­ ing of th.is act. And it shall be the duty of the proprietor of every such place to with a recommendation that the Senate do not concur in the amend­ deposit with· the collector the amount of his license-fee with his application for ment made to the bill by the Honse of Representatives. I move that license, and also present to the commissioners the written permission of a ma­ the Senate non-concur in the amendment. jority of the persons owning real estate and a. majority of the residents keeping house on the side of the square where it is desired to locate such business, and The motion was agreed to. on the side of the square fronting opposite to the same; and such license shall not Mr. SPOONER. I now move that the Senate insist on its disagree­ be issued until approved by the commissioners. And no liquors shall be sold ex­ ment to the amendment of the House of Representatives, and ask for cept in compliance with the provisions of this act, nor to minors, nor intoxicated persons nor habitual drunkards, nor on Sunday; and every bar or other place a conference on the disagreeing votes of the two Houses thereon. where hquors1 are usually sold shall be kept closed on Sunday during the day The motion was agreed to. and night, and all such places shall be kept closed each and every day between By unanimous consent the President pro tempore was authorized to 12 o'clock midnight and 4 o'clock in the morning. SEC. 3. That auy person engaged in the business specified in this aet without appoint the conferees on the part of the Senate, and Mr. SPOONER, Mr. first having obtained a. licen e under its provisions shall be liable to a. fine of DOLPH, and Mr. JONES, of Arkansas, were appointed. not more than ~. in addition to the amount of license required. SEc. 4. That· any person having obtained a. license under the provisions of BILLS INTRODUCED. this aet who shall violate any of such provisions shall be liable for any such vio­ Mr. RIDDLEBERGER (by request) introduced a bill (S. 3185) ro lation t-o a fine not exceeding 5200, and in addition thereto his license may be revoked by the commissioners in their discretion; and all fines and penalties abolish the useless and extravagant Misssissippi River Commission; incurred under this act shall be collected upon information duly filed in the po­ which was read twice by its title, and referred io the Committee on lice court in the manner prescribed for similar offenses, and shall be applied the Improvement of the Mississippi River. . to the use of the Dis~rict. He also (by request) introduced a. bill (S. 3186) to restore naviga- ­ Mr. PLATT. That bill is in the nature of what is known as a high tion to the harbor of Vicksburg, Miss., at private expense unless suc­ license law. It has many provisions-- cessful; which was read twice by its title, and referred tothe Commit­ The PRESIDENT pro tempo're. The Chair reminds the Senator from tee on Commerce. ConLecticut that there is nothing before the Senate. The discussion He also (by request) introduced a bill (S. 3187) for the relief of goes on by general consent. Henry C. De Ahna; which was read twice by its title, and, with the Mr. PLATT. Yet the Senator from Kansas was permitted to address accompanying papers, referred to the Committee on Claims. the Senate, and I desire to make a single observation. Mr. GEORGE introduced a bill (S. 3188) to authorize the Georgia Mr. INGALLS. lam sure there can be no objection, in view of what Pacific Railway Company of Alabama and Mississippi to construct has been said, that the Senator from Connecticut should be heard. bridges across the Sunflower, Yazoo, and Tombigbee Rivers, in the The PRESIDENT pro tempore. The Chair hears no objection. State of Mississippi; which was read twice by its title, and referred to Mr. PLATT. I wish to make a single observation in reference to the Committee on Commerce. the passage of the bill in the Senate. Mr. INGALLS introduced a bill (S. 3189) granting a pension to Mary It is, as I have said, a high license law. It contains many valuable E. Brown; which was read twice by its title, and referred to the Com­ provisions and restrictions, and in that respect it is infinitely better mittee on Pensions. than the present law and the practices which have prevailed in the Mr. CULLOM introduced a bill (S. 3190) granting a pension to Rob­ District of Columbia with regard to the licensing of the sale of intoxi­ ert H. Sturgess; which was read twice by its title, and, with the ac­ cating liquors. companying papers, referred to the Committee on Pensions. I had intended when that bill was pending in the Senate to have Mr. DOLPH introduced a bill (S. 3191) to amend an act entitled asked a vote of the Senate upon an amendmentwhich I have prepared "An act to amend the statutes in relation to immediate transportation and which I desire to submit in the nature of a prohibitory law for the of dutiable goods, and for other purposes," approv~d June 10, 1880; District of Columbia; but, at the time when the bill was· considered which was read twice by its title, and referred to the Committee on and passed, I was unavoidably absent on aecountof my health. I desire Commerce. ..

874 CONGRESSIONAL RECORD--SENATE. JANUARY 21~

.AlUENDl\fENTS TO BILLS. eign Relations that to-morrow, immediately after the completion of the Mr. MITCHELL, of Oregon, submitted an amendment intended to strict morning business, or as soon thereafter as I can get the floor, I be proposed by him to the consular and diplomatic appropriation bill, shall ask the Senate to consider the bill respecting the protection of and an amendment intended to be proposed by him to the river and American fishermen that was reported from the Committee on Foreign harbor bill; which were referred to the Committee on Commerce, and Relations a day or two since. ordered to be printed. · M:r. INGALLS. Does the Senator mean to-morrow or 1\Ionday? FISHERIES REPORT. 1\Ir. EDMUNDS. I mean to-morrow. Mr. FRYE submitted the following concurrent resolution; which was FLORIDA L~ FORFEITURE. referred to the Committee on Printing: · Mr. CA.LL. I now ask the Senate to proceed to the consideration of Resolt~ed by f;he Senate (the House of Representatives eoncm•ring), That there be the resolution submitted by me. . . printed for the use of the two Houses of Congress 6,000 additional copies of the The PRESIDENT pro tempore. The question before the Senate is report of the Senate Committee on Foreign Relations, touching our fisheries, numbered 1683; on~third thereof for the use of the Senate and two-thirds for the joint resolution (S. R. 98) relative to the forfeiture of certain lands the use of the House. granted to the State of Florida to aid in the construction of a line of WARM SPRINGS INDIAN RESERVATION, OREGON. road from Fernandina to Tampa Day, Florida, which was introduced by the Senator from Florida. Mr. MITCHELL, of Oregon, submitted the following resolution; Mr. CALL. The resolution which I desire the Senate to take action which was considered ·by unanimous consent, and agreed to: upon is a resolution instructin~ the Attorney-General of the United Resolved, That the Secreb\ry of the Interior be, a:nd he is hereby, directed to States to bring such proceedings as may be proper, by injunction or advise the Senate at his earliest pradicable convenience whether four town­ ships, or any other quantity, of the public lands in Wasco County, State of Ore­ otherwise, to prevent the sale of lands. under the grant of May 17, gon, has within the past year been withdrawn from settlement and attached to 1856, to the State of Florida. · the Warm Springs Indian reservation; and if so, upon what authority and for what purpose has this been done. _ In my former address to the Senate, of which this is the continuation, I established very clearly from the journals of the Legislature of Florida CORRESPONDE:SCE WITH MEXICO. of 1858 that the State of Florida refused to give any rights or interest Mr. BROWN submitted the following resolution; which was con­ in this grant to the railroad company which is now claiming the right to sidered by unanimous consent, and agreed to: sell and dispose of it; that is, the Florida Navigation and Railway Com­ Resolved, That the President of the UnitedSt-ates is hereby requested, if not, pany and its assignors. The journal shows that the vote sustaining the in his opinion, incompatible with the public interest, to communicate, at his report of the attorney-general declaring that the Florida Railroad earliest convenience, copies of all correspondence between the Government of the United Sta.te8 of America and the Government of Mexico in reference to the Company had no right to the land was a unanimous one in the house, seizure and snle-by the Mexican authorities of the American schooner Rebecca, with the exception of one vote to the contrary. in the port of Tampico, or other port in Mexico ; and that he also communicate Here is the law which was passed at that time incorporating another to the Senate all correspondence between the Secretary of State and Hon. Henry R. Jackson, la.te minister to Mexico, in reference to the resignation of Minister company with which this hasnoprivity and no connection, and giving Jackson, together with all correspondence addressed by :Minister Jackson to the to that Qther company the 1:5ene.fits of the internal-improvement act of President on the subject of his resignation. Florida of 1855 and 1856. So there is no question that here is a grant MESSAGE FROM THE HOUSE. stated by the General Land Office to amount to more than 1,000,000 A message from the House of Representatives, by Mr. CLARK, its acres of land, reserved from entry ruid settlement in favor of this com­ Clerk, announced that theHousehad passed the bill (S.1813) to amend pany, and of which sales have been made and are being made dispos­ the law relating to patents, trade-marks, and copyright. sessing citizens of the United States who have by law a right to enter The message also announced that the House had concurred in the and homestead these lands, and who ina great many cases have settled report of the committee of conference on the disagreeing votes of the upon and improved them. They are in many instances poor and their two Houses on the bill (S. 229) to provide for the erection of a public families are entirely dependent on their labor and on the little tracts building at Wilmington, N. C. of land which they have improved. The question is, what will the The message further announced that the House had concurred in the Senate do to protect their clear and unquestionable right and title as report of the-committee of conference on the disagreeing votes of the against a corporation without right of title? _ Here is a reservation of 1,000,000 acres and more, according to the two Houses on the ~ill (S. 1532) to regulate commerce. statement of the amount of this grant by the General Land Office, the MISSOURI BIV.ER COJUMISSION REPORT. residue of which amounts to over a. million acres by estimation, dis­ 1\Ir. MANDERSON. I am directed by the Committee on Printing, posed of against the laws of the State declaring that this company was to whom was referred a resolution to print 200 extra copies of the Ap­ not the beneficiary, and without any legislation whatever on the part pendix A B to the report of the Missouri Rh·er Commission, House of the State in their favor giving to this railroad company any right or Executive Document No. 28, Forty-ninth Congress, second session, for interest in these lands. the use of the commission, to report it with a substitute, for which I That is a remarkable fact, that without any legislation whatever on the ask present consideration. part of the State by its Legisbture, any person, either a corporate body By unanimous consent the Senate proceeded to consider the follow­ or a private citizen, should have appeared in the General Land Office and ing resolution, submitted on the 13th instant: stated that he or it has located a line of road and obtained a reservation of Resolved, That 200 extra copies of the Appendix A B to the report of the Mis­ the lands of the United States, which bylaw have been dedicated to the souri River Commission, House Executive Document No. 28, Forty-ninth Con­ settlement and occupation and ownership of the people who may culti.. gress, second session, be printed for the use of the commission. vate them. That is the case I am presenting to the Senate. I think it The amendment reported by the Committee on Printing was to strike is one which is sufficient to attract the attention of Senators. I think out all after the word "resolved," and insert: their sworn duty requires them to give some consideration to snch a That 200 additional copies of the report of the Missouri River Commission, large disposition of the public lands without any authority wha.tjever. with the appendices A and B, House Executive Document No. 28, Forty-ninth I have made out a case in which there is no doubt. I have exhibited to Congress, second session, be printed for the use of the commission. you the journal of the Legislature of Florida, denying to this railroad The amendment was agreed to. company-the Florida R.a.ilroad Company, which is the Atlantic, West The resolution as amended was agreed to. India and Gulf Transit Company by change of name, and is now the REPORT OF ACADEMY OF SCIEXCES. Florida Railway and Navigation Company, that company having con­ Mr. HAWLEY. I report from the Committee on Printing the joint solidated the lines of several companies of which the Florida Railroad resolution (S. R. 94) ordering the printing of the annual report of the Company was one-anyrighttothisgrant. I have read to you, and have National Academy of Sciences, with the accompanying memoirs. This it here, the journal published by authority of the Legislature of Florida, is the usual annual joint resolution, and I ask that it be considered of 1858, containing the message of the governor, stating the fact that immediately. the time had expired when that company could have the benefit of this An appropriation act last year made a new requirement that the cost grant; stating the fact that another company had been organized., rec­ should be reported also, and also the previous appropriations under the ommending to the ~oislature to allow to this other company the bene­ same head. The formal report is with the papers. These volumes of fit of this grant, the bill introduced into the Legislature and its reference the repor~ of the National Academy of Sciences will cost about $8,000. to the attorney-general for his opinion whether the Florida Railroad The previous appropriations amount to $133,000. Company have any right to the benefits of the internal-improvement The PRESIDENT pro tempore. The Senator from Connecticut asks act on this part of the line, the final passage of the bill by a unanimous unanimous consent to proceed to the consideration of the joint resolu­ vote, and I have it here in my hand in the public acts of the State. tion at this time. That is very conclusive proof on that subject. This is the act: By unanimous consent the Senate, as in Committee of t.he Whole, An act to incorporate a compa ny to construct a railrond from a p oint on the Florida Railroad, in East Florida, to Tampa Bay, under the style of the Florida. proceeded to consider the joint resolution. Peninsular Railroad Company. The joint resolution was reported to the Senate without amendment, ordered to be engrossed for a third reading, read the third time, and Here are all the acts and all the laws continuous in time for your ex­ passed. amination, so that there can be no pretense of a claim that the State has ever conferred any right under this grant to this railroad company, FISHING RIGHTS OF THE UNITED STATES. or its predecessor, or any other existing corporation. If this is denied, M:r. EDMUNDS. I give notice on behalfofthe Committee on For- here are the laws to disprove such denial. 1887. CONGRESSIONAL RECORD-SENATE. 875

The Florida Railroad Company was a different company. This is ent Florida Railway and Na.vigation Company, which is the successor, the Florida Peninsular P~ilroad Company. The Florida Railroad Com­ having consolidated the line with that of the Atlantic, Gulf and West pany was incorporated in 1854, 1855, and 1856 by original act and India Tra.nsit Company and of the Florida Railroad, has a ~ight to amendments. In 1858 this new company and this controversy arose in this grant under that provision of the act. the house in the Legislature of 1858, whether or not they had a right I propose to show that the Florida Railroad Company, as I have to this grant as a part of the benefits of the internal-improvement act. ah'eady show-n by the action of the Legislature of 1858, was not one In this a.ct, in its fifth section, it is said: of those companies. That act provides what companies under that That the trustees of the internal-improvement fund shall, immediately upon act are entitled to -the benefits of it; but it also says that they shall receiving notice from the company- accept the benefits of the act within six months; and when the ques­ That is, the Florida Peninsular Railroad Company- tion eame up in the Legislature of 1858, upon the message of the gov­ ernor, 1\I. S. Perry, which stated that they had not accepted the benefits of their acceptance of the provisions of the act entitled "An act to provide for and encourage a. liberal system of internal-improvement"- of the act, that they had not complied with its provisions two years after it had passed, and that the time had expired, the Legislature, have the benefit of this grant. That was the only law which gave any unanimously almost, acting upon the opinion of the attorney-general, rjght to this company. The company expired. The act limits it as to incorporated another company, and gave them exclusively the benefits the time in which it should perform the obligation of building a rail­ of the act; but nothing is said about that in this application of the road, and it expired without their doing it. The company that had the Florida Railroad. Company and its successors to Secretary Schurz and his benefit of that act, therefore, never had any real and permanent exist­ successors. Nothing could be said about it, for it certainly disproved ence and never located their road, ne¥er completed their road, and are their statement that a map of location under authority of law had. to-day a defunct and unknown corporation. been filed in the office of the Secretary of Interior in 1860, because :Mr. President, in 1856 this grant was made upon condition that 3r such a map or location of their line under the internal-improvement railroad should be built in ten years. In 1866 it expired, and the road act was forbidden by the act of the Legislature of 1858, granting the was not built. It was not even located under the internal-improve­ exclusive benefits of the internal-improvement act to the Florida Pen­ ment act; it was not commenced. In 1868 the Legislature of the State insular Railroad Company. of Florida passed a resolution by which it will be seen that they did They were required by the internal-improvement act to accept in not even claim. the · gmnt of 1856. I call attention to this resolution writing filed in the office of the secretary of state within six months. to show in what manner our public domain has been attempted to be They were required to grade 20 miles of their road within two years, disposed of in this case by the General Land Office. This is a resolu­ and the governor of the State, as I have read from his message, form­ tion of the Legislature of 1868-' 69. ally announced to the Legislature that they had done neither; that Whereas by reason of the conflict of arms which prevailed in this State be­ under their original charter they had a right to build the road, but not tween the years of 1861 and 1865 it became impracticable to proceed wi$ the construction of the roads comprehended in the system of internal improvement to have the benefit of the internal-improvement act; that they were . adopted by this State, wh~reby the grant of lands made by the Un.ited States in not one of the companies recognized under that act for the line from aid thereor, so far as applicable to the unconstructed portwn of sa1d system, ex­ Waldo to Tampa, and the Legislature so decided, and chartered another pired by the operation of the limitation contained in the fourth section of the act of Congress making said grant; and company to build that line of road, and gave that other company the Whereas t.his State is now desirous of promoting the completion of the said benefits of this grant and of all the other grants of the internal-im­ systeil1. or so much of the unfinished part as leads from Amelia. Island to Tampa provement fund. Ea.y: Therefore, Be u t·esolved, That our Senators and Representatives in Congress be requested It is perhaps well for_us to know a little about what this internal­ to urge the early passage of an act reviving- the grant contained in the act of improvement act and internal-improvement fund of Florida was, and Congress entitled "An act granting public lands in alternate sections to the what was meant by it. The act expired long ago.. Twelve years before States of Florida and Alabama, to aid in the construction of certain railroad~ in said States,'' approved May 17, 1856, and that the operatio:t ?f said act be e?<-­ this reservation was made the act had become obsolete in all its essen­ tended to a term of-years from the passage of an act rev1vmg the aforesaid tial parts ; all · ts benefits had been disposed of, .and the land which_ - grant· but nothing herein contained shall be construed as a request to grant any it contained, for it was a land fund, had been decreed to be sold by the lands' to companies heretofore chartered by any State of the Unjon or by any act of Congress. United States court to pay the debts of _this very Florida Railroad Company that is seeking now to obtain this grant-debts which have That was tbe declaration of the Legjslature of 1868 acknowledging never been repaid to the State. that this grant had expired by the terms of the act and the failure to Even the school fund, and all the funds of the State connected with perform any of the conditions Contained in it as to this line of road that road, were lost in that transaction, and yet they have reappeared from Waldo to Tampa, and asking Congress to revive it upon the con­ in the Interior Department after a lapse of over twenty years to claim dition that this company and other companies standing in the like that they were for this part of the line entitled to this grant from position, chartered before 1860, should not have the benefit of it. What which they were expressly excluded-to claim seven hundred thousand do you think of that? acres of the land of the United States on whi~h hundreds of people Mr. Pr~ident, here is, first, an entire absence of all authority; and, have made their homes. in the second place, an express declaration by the Legislature of the The internal-improvement act of Florida conveys all the swamp and State in 1868, nearly twelve years before this reservation was made in overflowed lands of the State, which are estimated to amount to some­ the General Land Office, that this company now claiming it should not thing like 20,000,000 a.cr~. Out of 33,000,000 acres of area of the have the benefit of it, and asking its revival on that condition. We State of Florida, 20,000,000 are estimated to be swamp and overflowed, are that far from having any legislative authority from the State to according to the practical selection and application of the swamp land this company for any interest in this grant. act, although in fact much thegreaterpartis high and dry. The State But let us look a little, and see how it is that such an extraordinary conveyed the whole of these lands and also all other gra.nm of land transaction could ha.ve occurred. The internal-improvement act of made by the Federal Government for internal improvements to the State Florida, it is claimed, in its twenty-first section, authorized the Flor­ of Florida to certain trustees, the officers of the State government be­ ida Railroad Companytoreceivethe benefit of this grant. That is the ing e:c officio the trustees of the fund. The trustees were to sell the ground upon which t.he application is made, and which is assumed in­ lands and apply the proceeds of the sale to the payment of interest on the opinion of the different Secretaries, not having investigated the the bonds guaranteed on certain lines of railroad. proposition, OI' claiming to have done so, but assuming that it wa~ so. I will proceed with my remarks though there are few Senators here. In the application of the railroad company they say: I think when we are here to perform public duties Senators ought to By the twenty-first section of the Florida. internal-improvement oot it was perform them, and give their attention to thepublic·business. Weare provided "that, should the·United States Government grant lands to the St-ate now examining a question of the disposition of a million acres of the of Florida. for the purpose of aiding in the construction of the lines of railroad in­ dicated (the line from Amelia Island to Tampa being one), said lines of railroad area of the public domain of the United States in the State of Florida, shall be entitled to all the benefits and advantages arising from said grant that and I am showing conclusively that it is the property of the United the State of Florida would be entitled to by the construction of said lines of States, that it has never been disposed of, but that a reservation has railway," and proceeded to require and authorize the governor, should such an act be passed by the United States Government, "to direct said railroad com­ been made at the General Land Office, and that large quantities of it prmies to select said land. and to take such other action as may be necessary to have been allowed to be sold by private individuals upon an assumed fully secure the grant of lands to said railroad companies," subject to all the state of facts which the public records disclose to be utterly untrue. conditions and restrictions of the act of Congress. I have been proving that this claim is nothing more or less than a It will be borne in mind by such Senators as feel any interest in pro­ bold attempt to deprive thousands of citizens of their homes and their tecting the public property of the United States and the citizens of the property given to them by the laws of the United States upon a false United States, and who think it a part of their duty and their func­ statement, which the po blic records of the State conclusively deny and tion here to give attention when a grea.tquestion concerning thousands disprove. I therefore have a right to demand of Senators that they of the people of the country and the Treasury of the United States sha.ll give their attention to this subject and perform the duties of their and its public domain is under consideration-such Senators as con­ office. ceive that to be a part of their public duty, and who will give some The internal-improvement act of Florida, under the twenty-first sec­ considera.tion to this very important question to the peopJe of Florida tion, ofwhich thiscompanyclaimstohavearightiuthisgrantasthe bene­ an,d to the public domain-that they claim under the twenty-first sec-· ficiary bf the State, was an act by which all the public lands in the State tion of the internal-im:pl'Ovement act, which I have read, that the pres- of Florida, given by the United States to the State for internal improve· 876 CONGRESSIONAL RECORD-SENATE.· JANUARY · 21, mentsor as swamp and overflowed lands, were conveyed to certain trus­ that being one of them. So, in order to have this line from Amelia tees who were required to guarantee, by indorsement, interest on the Island to Cedar Key seized and sold by the trustees, the company bonds of certain railroad companies constructing certain specific lines of claimed that it was completed and that they-had no further line to railroad in the State. The trust required t.hem to sell these lands and construct. apply the proceeds of sale to the payment ofinterest upon this guarantee. The Pensacola and Georgia road was also seized and sold, and has TheStateacquiredstockin the railroad companies thus designated when­ never been extended a yard beyond Chattahoochee, and has no priv­ ever they paid this interest. The State became a director in the board ity or connection with the Pensacola and Atlantic Railroad Company. of directors in each of these companies, and other securities were given Therefore, Mr. President, by the action of this very company that is for its protection for this investment by the trustees of the proceeds of now selling this land, by the actiQn of its predecessor, the Florida.Rail­ the sale of these lands. road Company, with whom it is in privity, and through whom it must This grant of 1856 was made subsequent to the passage of this in­ claim, if it claims anything, these roa-ds were sold, the internal-im­ ternal-improvement act, which was in 1855-'56, whereas the grant of provement fund and all its lands were seized by the circuit court for Congress was ma-de on the 17th of May, 1856. The act of the Legis­ the bonds of the companies, and the land which had been conveyed to lature was passed in January,1856, or December,1855, but it contained these trustees was directed to be sold and the proceeds applied on the this provision, that if the United States Government should make a interest of the bonds divested of the trust. So the trust itself has ex­ grant of laud in aid of the construction of these lines of road the com­ pired. There is no trust now. The State has given away the trust panies authorized under the internal-improvement a.ct should havethe lands which constituted this fund, and were subject to this trust in the benefit thereof. The Florida Railroad Company accepted the benefits internal-improvement act specifically, to a half dozen different railroad of this act from Amelia Island to Cedar Keys. We are considering the companies, the acts incorporating which I will put in my remarks, and grant of the land for the railroad from Waldo to Tampa. From Amelia has given the benefits of this land to these other Corporations to build Island to Cedar Keys is a part of the line from Amelia Island to Tampa. other roads in the same direction and to the same terminal points ih The companies were authorized to construct parts of these lines. So, quantities of 10,000 and 15,000 and 23,600 acres, and the companies as I have said, when the controversy originated whether or not it was will receive the lands specifically divested of the trust. . competent .for the Legislature to incorporate another company and give So now, Mr. President, practically there is no act, and never was, to it the benefits of the grant from Waldo to Tampa Bay, it was de­ granting the benefits of this grant to this railroad company or its prede­ cided by the State and by the Legislature that it was competent, that cessor; but, on the contrary, there is an act relinquishing the grant and theFlorida Railroad Company had no right in the line from Waldo to asking Congress to renew it, and there are acts of incorporation of Tampa, and a new company, as I have said, was created. other companies on the same geographical line, acts of the Legislature The act further provided that the companies who had the benefits disposing absolutely of the land which constituted the internal-im­ of that act, who accepted its provisions, should grade 20 miles of road provement fund and which was contained in this internal-improvement within two years after having :fi.l~d their written acceptance within six act which directed that it be sold for the benefit of the difterent bonds months of the passage of the act. I will put these sections of the law of these different companies authorized under the acts of 1868 and in my remarks. . 1869 under charters pre-existing. So, then, there is not a shadow of a They were required :first to accept the benefits of that act withinsix pretense of a right of this company to any interest whatever under months from December, 1855, or January, 1856; they were required the grant of May, 1856. to grade 20 miles within.two years; they were required to complete Then what is there? We have here a certificate of the governor of their line within eight years from the passage of the act or forfeit all the the State, and that, I suppose, is what misled the Secretary of the In­ benefits of the act. It has never been claimed that any of these things terior. We have :first the application of the officials of this road in were done. Hence there was never any location under that grant 1881, under the twenty-first section ofthatact under which, in 1858, made in 1856 ; and in 1868 the Legislature of the State, by a joint reso­ as I have shown, the governor, the attorney-general, and the Legisla­ lution, acknowledged and recognized the fact that the State had no ture all decided that this company had no right, and incorporated an­ claim upon the land, and requested Congress to revive the grant and other company to build the road; yet, in 1881, nearly a third of a cen­ extend it upon the condition that this road and its predecessor and all tury atlerwards, they appear in the General Land Office and actually the other roads in the like case should not have the benefit of it. claim under that twenty-first section. Everybody was dead, or had There was never any legislation of the State at all upon the subject forgotten almost what occurred; and the old records being difficult to of this grant from that day until the time of Mr. Schurz's order over­ obtain, they actually claimed, under the twenty-first ~ection of that riding and reversing the wise and intelligent order of Mr. Chandler act, what the whole action of the State authorities had denied, what refusing to recognize this grant and its location. There was never any they never claimed after that time, and when the State had chartered legislation of the State on the subject until they chartered in 1881 the another company to build the road. In 1882 a letter of the governor Pensacola and Atlantic Railroad,, to be built from Chattahoochie to of Florida was presented to the Secretary of the Interior by the presi­ Pensacola, which is a part of the line; that is, the geographical line dent of the Florida Railroad Company, through a gentleman who is now mentioned in the internal-improvement act. In that act, after giving dead, and therefore I make no mention of him, in these words: that road, not the benefits of the internal-improvement act, but 23,600 EXECUTIVE OFFICE, Tallahassee, Fla., July 11,1881. acres to the mile of the swamp and overflowed lands, they say, we The SECRETARY OF THE INTERIOR, also give whatever right or interest the State may have in the grant of Washington., D. 0.: May 17, 1856-that iS, the Pensacola and Atlantic Company in West SIR: I have the honor to certify that the railroad from Waldo to Ocala, in the State of Florida, being a pa.rtof the line of railroad from Amelia. Island, on the Florida, not this FloridaNavigation and Railway Company from Waldo Atlantic, to the waters of Tampa. Bay, specified in the act of Congress approved to Tampa, but in West Florida, so far as the land lies in West Florida, l\1ay 17, 1856. and entitled "An act granting public lands in alternate sections to a different section of the country-we give them whatever rights or in­ the States of Florida. and .Alabama, to aid lll the construction of certain rail­ roads in said States," has been completed, and is in actual operation, and that terest we may have. The State had never made any claim of interest said railroad from Waldo to Ocala is of a. continuous length of 44.88 miles. under that grant, or of location or anything else in aJ.l the years from I have the honor to be, very respectfully, 1866 to 1881. [sEAL.) W. D. BLOXHAM, Governor of Florkkt. The Pensacola and Georgia Railroad Company was a company fully .Attest: entitled to the benefits of this act and recognized under it. That was JNO. L. CRAWFORD, Sec-retary of Stale. the road from J a.cksonville to Pensacola, in another and different direc­ That letter in relation to a geographical line is correct. It is on tion. This is the road from Amelia Island to Tampa Bay, running that geographical line. It is a part of the line mentioned in the act south. The State of Florida, as we all know, runs along the Atlantic of Congress. All that is so; but the governor does not say, although coast and the coast of the Gulf of Mexico, and commencing at the Saint it would appear to be inferred, that the road is constructed under the John's River one line of road went west, and the other line of road south internal-improvement act of the State of 1858. He does not say that and southwest. . this grant was ever given to it by that twenty-first section, though it So, then, in the first place this State never claimed, even if this be might be inferred that such was the ca.se. It is true the certificate is a claim, this grant till twelve years after its expiration, and then only somewhat ambiguous. It referred to the geographical line. It was gave such rights astheymighthave to land in West Florida, not South. also a part of the line conwmplated by the act of Congress of 1856. The State never took any action on this subject except the passage of It was a part also of the line of the old Florida Peninsular Railroad as a the internal-improvement act, passed b~fore the grant was made by geographical fact, and it is a part of the line of the Tropical Railroad, Congress, in which they provided iu case it should be made that it and it is part of half a dozen others, but in the sense of its being a should be a part of it, and the Pensacola and Atlantic road from Jack­ railroad corporation which the State made the beneficiary of the grant sonville to. Pensacola, having been organized under the internal-im­ of 1856 there is not the least truth in the assertion; -not that I mean provement a.ct, accepted its benefits, and, with other companies, graded to say that the governor of the State intended any misrepresentation, its line and constructed some 170 miles of it from Quincy to Jackson­ but I state the fact as shown by the twenty-first section of the act of ville, on the Saint John's River, and when the war occurred suspended the Legislature of Florida establishing a system of internal improve­ its proceedings. · When the war terminated the Florida Railroad Com­ ments under it and all this correspondence and all these opinions of the pany, in the action of its president and its officials, claimed to be a com­ Secretary of the Interior. · The right of this company to be the bene­ pleted road, because the act provided that when a road was completed ficiary of this act was declared to have ceased and determined by the it might be seized and sold, some other conditions being required, but goveiJlor, and by the Legislature, and by the attorney-general in 1858, 1887. CONGRESSIONAL RECORD-SENATE. 877 two years after the time expired in which they could avail themselvtS striking out the word "joint," leaving it a Senate resolution, and ask of the benefit ofit to give them any right whatever. Their claim was the reference of the first section to the Committee on Public Lands. denied and never was asserted, and no location was ever made. There The PRESIDINGOFFICER(Mr. ALDRICH in the chair). The prop­ was a survey made under the original charter, they being authorized osition of the Senator from Florida will be read. to go there, but there never was a survey and never a location under The SECRETARY. It is proposed to strike out section 1 of the joint the internal-improvement act, and conld not be for the reason that the resolution, so that it will then read: State authorities declared by the almost unanimous vote of the house That the Attorney-General of the United States be instructed to bring suit, and asufficientmajorityin the senatetha.tthey had no right, and gave through the district attorneys of the U ni~d States, for an injunction agai~st the Florida Navigation and Railway Corporation, or their agents, attemptmg to the right to another company. And yet this certificate was made ~he sell, or selling, or ad\"ertising for sale the lands of the United States embraced basis of this reservation ! in the grant made to the State of Florida under the act entitled "An act grant­ I do not know that it is necessary for me to detain the Senate any in<>' public lands in alternate sections to the States of Florida. and Alabama to aid in the construction oi certain railroads in said States," approved May 17, longer. I will say, however, that I am not unfriendly to corporations 1856 hile bills for the forfeiture of the same shall be pending before Congress, or to aiding railroad companies. I think there is a better way to do it whi~h have been or shall be recommended by the committees of either House than by giving them lands; but if that be decided to be the way, I am of Congress to be forfeited. not in the way of it under proper limitations, but I am opp~ to giv­ ADJOURN:llENT TO MONDAY. ing the homes of the people who have entered upon the public lands to Mr. INGALLS. With the consent of the Senator from Florida, I corporations which have no claim whatever to them. move that when the Senate adjourn to-day it be to meet on Monday I desire this matter settled and the title vested somewhere, in some­ next. · body, in order that these people may obtain some recognition of their The PRESIDING OFFICER. The question is on the motion of the rights to their homes. The proper way to do it is to give them the land Senator from Kansas that when the Senate adjourn to-day it be to meet as the homestead laws give it to them, or allow them to purchase it. on Monday next. · I have no doubt it will be better for the railroad companies that the The motion was agreed to~ country should be settled than that the company shonld hold this large amount of land. FLORIDA LA.ND FORFEITURE. But, Mr. President, this railroad company, the snccessorofthe Flor­ The PRESIDING OFFICER. The Senate resumes the consideration ida Railroad Company, has over 300 miles of road built with the ben­ of the resolution of the Senator from Florida. The question is on the efits of the internal-improvement act out of the gift of the swamp and amendment of the Senator from Florida to the pending resolution to overflowed lands without this Waldo and Tampa road. We find from strike out the first section. the laws of Florida that there was exchanged in 1857 a large amount The amendment was agreed to. of the school fund, the bonds of the State of Florida in which the The PRESIDING OFFICER. The question is on the adoption of school fund was interested, for the bonds of this railroad company. We the second section. find that there were hundreds of thousands of acres of the public land Mr. MORGAN. I move the reference of t.hat to the Committee on given to it of the State lands. We find that there were several hun­ Public Lands. dred thousand dollars of the money proceeds of the sale of land given The PRESIDING OFFICER. The Senator from Alabama moves to the road to aid in its construction. We find that there were 4, 000,000 that the resolution be re erred to the Committee on Public Lands. acres of the State land, amounting to $1,000,000 in value, sold for the Mr. CALL. I hope that will not be done. There is pressing necessity benefit of this company. These facts are all in this record-sold for if any action be taken at all that it be at once; and it was at the sug­ the benefit of this company and for its debts; and yet the very men gestion of the chairman of the Committee on Public Lands that I pro­ who created those debts, tlie very men who owned the stock of the posed to put the second section on its passage without the other. This company for which they have never paid, became the purchasers of land is about to be sold and these people turned out of their homes. this property, and thisvast fund, dedicated to education, to the edu­ When I produce the records here and show beyond any possibility of cation of the children of the State, was lost and the property bas re­ doubt tha.t there never was any grant made to this railroad company mained in their hands as theirpropertysubjectto their ownership; and by the State of Florida, when I show that the grant was to the State while these consolidated roads cost about six or seven million dollars, of Florida, when I show that it was denied to the company by the State, they have bonded them in one form and another, according to there­ why allow it to advertise and sell quantities of this land containing the port of the receiver filed in the circuit court, the record of which I have homes of these people and involve tbem in litigation and alarm them here in my band, for $18,000,000; and they have 300 miles of completed and break them np? toad subject to this bonded debt, and all this money paid for its con­ Mr. MORGAN. I ask the Senator from Florida if he has not a bill struction, and whether they pnid anything or not I do not know, but pending now before the Renate for the forfeiture of this grant? certainly this property was constructed out of the public money, out Mr. CALL. Yes, sir; I have a bill referred to your committee. of the swamp and overflowed lands donated by the United States to Mr. MORGAN. I ask the chairman of the Committee on Public the State, and they have 300 miles of road; and why now should yon Lands if that is the bill that has been submitted to the Commissioner make a new grant in the Interior Department and give to them that of the General Land Office, the one that the Senator says is now -pend­ which the State refused to give them? inp; before the committee? Mr. President, I ask the consideration of the Senate upon this snb­ Mr. PLUMB. What is the question? iect. I think if there is anything that shonld require Senators upon Mr. MORGAN. The Senator from Florida says there is a bill now their oaths to perform their duty it is a question of this kind, and I pending before the Committee on Public Lands for the forfeiture of think these chairs should not be vacant when the public iliterest de­ this land grant. Is that the same bill which has been referred to the mands of Senators here that they should give their attention to public Commissioner of the General Land Office? business. Mr. PLUMB. As far as I know, it is the same bill. Here is an alienation of public lands of the United States given with­ Mr. MOR~AN. Has any answer come from the Commissioner? out consideration, without authority of law, without even the pretense Mr. PLUMB. Here is an answer which has c.ome back. of a right or of any action by the State, under the pretense that the Mr. MORGAN. I ask to have it read. twenty-first section of the internal-improvement act gave them a right Mr. PLUMB. I have it here. which thirty years ago, in 1858, all the constituted authorities of the The PRESIDING OFFICER. The paper called for by the Senator State denied, the attorney-general, the governor, the Legis1atnre, and from Alabama will be read. vested the right in another company which never consl:irncted the road, The Secretary read as follows : or a line or a mile or a yard of it, and which has expired years and DEPARTMENT OF THE n"TERIOR, GENERAL LAND OFFICE, years ago, the Legislature itself coming to Congress and acknowledging Wa8hington, D. 0., March 31, 1886. the fact and askin~ for the revival of the grant upon the condition that Sm: I am in receipt by Departmental reference of the 24th instant, requesting this road, now selling the homesteads and property of these people, an early report of my views on Senate bill871, of a letter from Hon. P. B. PLU111B, of the 18th instant. transmitting said bill for further report thereon, additional to should not have the advantages of the grant. I think if that is not a report of the 16th instant. case in which the Senators who are elected here to perform a sworn The bill, by its title, purports to be ''A bill for the forfeiture of the land granted duty should give their attention, none can be found. to the State of FloriPa. for the construction of certain lines of railroad in that; State." Mr. President, I ask now that this resolution may be amended. I The grants affected by the bill are presumed to be those made by the act of am informed that there have been cases here in which, upon the direc­ May 17 1856 (11 Stat.,15). tion of the Senate, the Attorney-General has instituted suits to protect The fu;t section declares in terms an absolute forfeiture of all lands granted by said act, none of the roads provided for having been constructed as entire the public property of the United States. I am informed that the roads within the time specified in the act. A proviso to this section allows in­ Committee on Public Lands will not object to so much of this resolu­ demnity selections to be made from the forfeited lands in lieu of lands earned tion a8 directs the Attorney-General to institute the proper proceedings by construction before the expiration of said time, and which could not, before that period be found along the completed portions of the road. to prevent the sale of the lands in this grant, and tha~ they will be con­ The prov~o suggests a doubt as to the extent of the forfeiture declared in the tent if I will refer to them the first section of the reso1ution with the enacting clause, since it would not be consistent to suppose that Congress in­ papers, asking for the forfeiture of this grant, and ask for the passage tended to declare the forfeiture of lands within granted limits a.long portions of road constructed prior to the expiration of the grant and a.t the same time to a.llow of the second part of it, instructing the Attorney-General to institute indemnity elsewhere for lands excepted ont of the grant. proceedings. I will therefore move to amend the joint resolution by The more serious objection to the first section is that it increases the original 878 CONGRESSIONAL RECORD-SENA'flE. JANUARY 21, grant by providing indemnity to a greater extent than allowed by the original The PRESIDING OFFICER. The hour of 2 o'clock havingarrived,­ act. 1. By the terms of the original act indemnity is allowed only for lands sold or it is the duty of the Chair to lay before the Senate the unfinished to which pre-emption 1ights attached prior to definite location. Indemnity is business, being the bill (S. 372) to establish agricultural experiment­ not allowed for lands reserved at date of grant or otherwise granted, or where stations in connection with the colleges established i:a the several States, from the intervention of lakes and rivers or otherwise there was no land in place or less than full t-echnical sections within the specified odd sections granted. under the provisions of an act approved July 2, 1862, and of the acts Under the proviso to the first section of the proposed act it would be claimed, supplementary thereto. and perhaps justly, that indemnity to the full amount of the nominal quantity of lands supposed to be embraced in the specified number of sections should be :Mr. CALL. I hope we shall be allowed to finish the subject which allowed. This would be giving indemnity for lands included in private land has been under consideration. It will not take a great while now. I grants or claims, for swamp lands previously granted to the State, for lands ask unanimous consent. granted for other railroads, and for lands that did not exist. It is especially provided in the granting act "that any.and all lands heretofore reserved to the 1\:Ir. MORGAN. I can not consent. I want the matter to go tothe United States by any act of Congress, or in any other manner by competent Committee on Public Lands. If the Senator will consent to refer it authority, for the purpose of aiding in any object of internal improvement or to the committee, we can have a report here on Monday. for any other purpose whatever, be, and t-he same are hereby •. reserved to t-he United States from the operation of this act except as to right ofwa.y." The PRESIDING OFFICER. Objection being made, the resoln.­ The proposed act makes a new and additional grant of indemnity lands in tion goes over until Monday. place of reserved lands which were thus expressly excepted " from the opera­ lllf. CAI..L. I am anxious to have this matter disposed of. I move tion" of the original grant. The amount of land in odd-numbered sections on the line of the Florida Rail­ that the bill in charge of the Senator from :Mississippi [Mr. GEORGE] road between Fernandino and Waldo, which was not granted to the State by be informally laid aside. the act of 1856 by reason of prior and contemporary grants and reservations, Mr. MORGAN. That motion is not in orde:r. and otherwise, for which indemnitywa.~ not given, is estimatedataboutl50,000 acres. The proposed act, therefore, makes a new grant to that amount for so Mr. CALL. I move to proceed with the consideration of the joint much of that road. Probably an equal amount is in the same manner made the resolution which has been pending. I ask that unanimous consent be subject of an additional grant by this bill for that portion of the Pensacola and given. Georgia road that was constructed within the time prescribed for the comple­ tion of the whole line. The PRESIDING OFFICER. The pending bill is Senate bill S. 372. 2. The indemnity provided by the bill is to be taken from lands along the Mr. CALL. I ask unanimous eonsent that that may be the order of portions of road unconstructed at date of the expiration of the grants, where, business for 2 o'clock on Monday. if indemnity bad been allowed for vrior grants, re ervations, &c., there wonld be no right unde:r the original act to supply such deficiencies arising along the Ur. . MORGAN. I ob,iect. constructed portions of the r oad. For example, whatever indemnity right might The PRESIDING OFFICER. Objection is made. have existed along the branch line of the Florida. Railroad to Cedar Keys must Mr. CALL. I move to proceed with the consideration of the joint have been satisfied on that line, if a.t all, and could not be taken under the orig­ inal act along-the Tampa Bay portion of the line, but the proposed bill allows resolution, which I have a right to do, I believe, notwithstanding the this to be done. objection. The inconsi'ltency of increasing a grant that is proposed to be forfeited is ap­ The PRESIDING OFFICER. The Senator from Florida moves that parent. U there is r eason for decla ring a forfeiture of the grant for failure of construction, there would seem to be no reason for enlarging the amount to be the Senate proceed to the consideration of the joint resolution (S. R. retained beyond the amount heretofore granted for the eonst.ruded portions of 98) relative to the forfeiture of certain lands granted to the State of the roads. Florida to aid in the construction of a line of road from Fernandina to The second section of the bill opens forfeited lands to private cash entry and to homestead entry with<>ut ·residence. It is provided that a person entering Tampa Bay, Florida.. said land under the homestead laws, or purchasing the ame for cash. shall make :P,[r. GEORGE. I should like to know whether the effect of that oath that be intends the land for a-ctt1al· settlement and improvement, and that motion won.ld be to displace the unii.nished business. if he fails to enter upon and improve the samo in twelve months from the time of making said entry the land shall be subject to forfeiture, and the money paid The PRESIDING OFFICER. It displaces the unfinished business for the same shall bo returned to the entryman. if adopted. A person can easily make oath as to his intention without danger of incurring Mr. GEORGE. I am very willing to yteld-­ the penalties of perjury. Besides, it is to be observed that he is not required to swea.r to an intention to use the land for his own settlement and improvement. Mr. EDMUNDS. Debate is not in order. Again, nothing in the nature of residence is required. He has merely to "enter The PRESIDING OFFICER. Debate is not in order on this motion. upon and improve the same" in twelve months. A visit to the land is "enter­ The question is on the motion of the Senator from Florida fM.r. CALL]. ing upon it," and the slightest act is an" improvement." U he steps upon the land once and digs a bole in the ground, or cuts a bush, he has complied with The question being put, it was declared that the noes appeared to the law, and receives title to the land upon payment of homestead fees and com­ prevail. missions, or, as the case may be, the minimum price of the land. If he fails to Mr. CALL. I ask for a division. ma.ke even that ostensible "entry and improvement" within twelve months and his entry should be O()ntested or set aside he gets back the money he has :Mr. INGALLS. Perhaps I did not understand the request of the paid. So he runs no risk of loss of money or of prosecution. Senator from Florida. The bill, to the extent of the application of the second section. overthrows the The PRESIDING OFFICER. The Senator from Florida moved to principle of the homestead laws by allowing homestead entries to be made in the manner thus provided and gives away the lands without conditions of in­ displace the pending bill, which is the unfinished business, by the res­ habitancy and permanent Improvement.1 olution which has been under discussion before 2 o'clock. The third section amends the general homestead laws by linliting the period Ur. INGALLS. For the purpose of enabling him to continue his of residence and improvement;to three years instead of five years, as now pro­ vided, thus increasing the liability of fraudulent entries and facilitating the ac­ remarks? quisition of lands for speculative purposes, and in large quantities by corpo:r&­ Mr. CALL. No; I desire to have the resolution disposed of. tions and associations. Mr. INGALLS. Has the Senator from Florida :finished the observa­ The fourth section further modifies the general homestead laws, waives the couditions upon which the entries were made, and eliminates the requirement tions he desired to submit? of residence upon lands heretofore entered under those laws by a.llowing the l\1r. CALL. I have not. I am ready to go further. purchase of the land at l.25 per acre, whether the parties making the entries 1\Ir. INGALLS. That will control me. If he desires to continue his have resided on the land or not. The evils which have followed the act of June 15,1880, are well known to the remarks I 'shall vote ro take up his resolution. Senate commit tee. 1 inclose herewith a copy of a letter from Senator PLUMB upon The PRESIDING OFFICER. Debate is not in order on this motion. this subje.ct, which was referred by you to this office some time since. The Mr. 1\fORGAN. I will state that I have the floor now on this prop­ pending bill magnifies the enls complained of in Senator PLUMB's letter. It would amount to a legislative condonement of illegal and fraudulent entries osition. The Senator from Florida had yielded the floor and I have en masse, and utterly destroy all the limitations and safeguards of the home­ the fi.oor on the resolution. stead laws. l\1r. CALL. I ask unanimous consent-- 'l'he fifth section gives purchasers from the railroad companies tiUe to the lands so purchased by them, and provides for the institution of suits at the ex­ l\1r. INGALLS. Sufficient debate ought to be had to enable ns to peri.se of the United States for the recovery, for their benefit, of the purchase­ understand what we are called upon to vote for. money paid with interest and damages, the United States to retain $1.25 per The PRESIDING OFFICER. The Senator from Florida. now asks acre out of the amount so recovered. This section makes the United States responsible to purchasers from railroa d unanimous consent that he may be allowed. to discuss the pending prop­ companies in violation of the principles of law which require vendees to look osition. to their vendors for indemnification for failure of title. 1\-fr. INGALLS. I understand the Senator from .Alabama. has the Purchasers from r ailroad companies are not innocent purchasers. They pur­ chase with notice of the liability of failure of title, and have neither legal nor floor. equitable claim against the United States. If they are actual settlers on the land lli. MORGAN. If there is to be further discussion of this matter, they are protected, as such, by general laws, in event of an enforcement of the I claim. the floor. forfeiture of the grants. To go further than this is, in my opinion, to go beyond the requirements of justice to individuals and beyond the bounds of fidelity to The PRESIDING OFFICER. The Senator from Alabama objects. public interests. Mr. CALL. I did not ask unanimous consent to proceed with my The s!.x!.h section is based upon the same erroneous principle, and is open to remarks. I asked unanimous consent to be heard on this motion. the same objections as the fifth section, and is equally unnecessary for any good purpose. U town-sites have been established upon lands to which the railroad The PRESIDING OFFICER. Does the Senator from Alabama ob­ title fails, the inhabitants can make town-site entries under the public town-site ject to the request now made by the Senator from Florida? laws, and neither speculative purchasers from the railroad companies nor any Mr. MORGAN. It is against the rnle. I make the question of other persons can take their lands or municipal improvements from them. n is my opinion that Senate bill 871, being faulty in the several respects order. mentioned, should not, in its present form, receive favorable consideration, but The PRESIDING OFFICER. Objection being made, theChairmust that a forfeiture of the grants mentioned in the bill ought to be declared, and I insist that debate is not in order. The question now is on the motion respectfully suggest that a simple declaration of such forfeiture is all that is necessary to that end. · of the Senator from Florida to proceed to the consideration of the joint Senator PLUMB's Jetter and accompanying papers herewith returned. resolution named by him, on which he has asked for a division. Very respectfully, Mr. CALL. I withdraw the motion. WM. A. J. SPARKS, Oommissioner. Hon. L. Q. C. LAMAR, The PRESIDING OFFICER. The motion is withdrawn, and the Bee~·etary of the Interio1·. unfinished business, being_the bill (S. 372) to establish agricnltnral ex- 1887. _CONGRESSIONAL RECORD-HOUSE. 879

perimentstation.s in connection with the colleges established in the sev­ pers, was referred to the Committee on Naval Affairs, and ordered to eral States under the provisions of an act approved July 2, 1882, and be printed: of the acts supplementary th~eto, is before the Senate. To the Stnate and House of R~resentatir:es: I herewith transmit a communication addressed to me by 1tlr. Samuel 0. ADJOURNMENT TO MONDAY. R eid, who offers to the United States the battle sword (now in my custody} of his fa.ther, Capt. Samuel Chester Reid, who commanded the United Sta.tes pri· ~fr. ING.A.L):.S. I mo-ve to reconsider the vote by which the Senate vate-a.rmed brig General .Armstrong, at the battle of Fayal, in September, 1814. agreed that when it adjourned to-day it should be to meet on :Monday I respectfully recommend that appropriate action be taken by Congress for the next, on which motion I ask for the yeas· and nays. acceptance of this gift. :Mr. EDl\1UNDS. So do I, Mr. President. GROVER CLEVELAND. ExECUTIVE MANSION, Mr. INGALLS. I .make this motion at the request of the Senator Washingtcn, January 20,1887. from Vermont. The PRESIDING OFFICER. The Senator from Kansas moves to BOOKS, ETC., FOR LffiRARY OF STATE DEPAnTMENT. reconsider the vote by which the Senate determinea_ that when it shall The SPEAKER also laid before the House a letter from the Secre­ adjourn to-day it be to meet on Monday next. Is the call for the yeas tary of the Treasury, transmitting a copy of a. communication from the and nays seconded? Secretary of State, submitting an additional estimate of appropriations The yeas and nays were ordered; and being taken, resulted-yeas for the purchase of books and manuscripts fada, Sawyer, of parting and refining of bullion, &c. ; which was referred to the Com­ NAYS-28. mittee on Coinage, Weights, and 1\Ieasures, and ordered to be printed. Aldrich, George, Jones of Arkansas, Sabin, NATIONAL BOARD OF HEALTH. Berry, Gorman, Mitchell of Pa., Saulsbury, Brown, Gray , Palmer, Sewell, The SPEAKER also laid before the House a letter from the Secre­ Butler, Hampton, Platt, Spooner, tary of the Treasury, transmitting copy of a communication from the Cameron, Harris, "Pugh, Vest, Eustis, Hawley, Ransom, Walthall, secretary of the National Board of Health, and inclosing estimates of ' Evarts, Ingalls, Riddleberger, Whitthorne, deficiencies in appro:priations for the salaries and expenses of the board for the fiscal year ending June 30, 1887; which was referred to the ABSENT-26. Committee on Appropriations, and ordered to be printed. Beck, Dawes, McMillan, Stanford, Blackburn, Fair, McPherson, Vance, BOUNDARY BETWEEN UNITED STATES AND MEXICO. Bowen, Gibson, Mahone, • VanWyck, The SPEAKER also laid before the House a communication from Camden, Hale, Manderson, Voorhees, Cockrell, Harrison. Maxey, Wilson of Md. the Secretary of the Treasury, transmitting copy of a communication Colquitt, Jones of Florida, Miller, from the Secretary of State in regard to the destruction of the monu­ Cullom, Kenna., Sherman, ment marking the western initial point in the boundary between the So the motion to reconsider. was rejected. United. States and Mexico; which was referred · to the Committee o.n .Appropriations, and ordered to be printed. WETliORE & BROTHER. HARBOR .AT VAN BUREN, ARK. Mr. MORGAN. I move t-hat the Senate proceed to the consideration of executive business. The SPEAKER also laid before the House a letter from the Secretary Mr. COCKRELL. I hope the Senator will withdraw that motion of War, in response to a resolution of the House calling for information until I can ask to have a case which has been on the Calendar recom­ concerning the changes which have recently occurred in the harbor at mitted to a committee. Van Buren, Ark., affecting navigation and facilities fur commerce; Mr. MORGAN. I withdraw the motion for the moment. which was referred to the Committee on Rivers and Harbors, and or­ ?t1r. COCKRELL. I move that Order of Business 2"23, being the bill dered to be printed. (S. 211) for thereliefofWetmore & Brother, of Saint Louis, Mo., be re­ PLUM POINT AND LAKE PROVIDENCE REACHES, MISSISSIPPI RIVER. committed to the Committee on Claims, together with the accompany­ The SPEAKER also laid before the Honse a letter transmitting a ing report. communica~on from the Mississippi River COmmission, with a report The PRESIDING OFFICER. The Senator from Missouri moves to and accompanying maps, showing the bank lines of. the Plum Point recommit to the Committee on Claims the bill named by him. and Lake Providence Reaches; which was referred to the Committee The motion was agreed to. on Rivers and Harbors, and ordered to be printed. EXECUTIVE SESSION. IMPROVEMENT OF FOX AND WISCONSIN RIVERS. Mr. :MORGAN. I renew my motion for an executive session. The SPEAKER a1so laid before the House a letter from the Attorney­ The PRESIDING OFFICER. The Senator from .Aia.bama. moves General in further response to the House resolution calling for a report that the Senate proceed to the consideration of executive business. of the amount due the several commissioners to ascertain flowage dam­ T he motion was agreed to; and the Senate proceeded to the consid­ ages caused by the improvement oftheFoxand WISCOnsin Rivers; which eration of executive business. After three hours and nine minutes was referred to the Committee on Rivers and Harbors, and ordered to spent in executive session, the doors were reopened. be printed. INTERSTATE COl\IMERCE. MESSAGE FRO~ THE HOUSE. The SPEAKER. The vote upon agreeing to the report of the con­ A message from the House of Representatives, by Mr. CLARK, its ference committee-on the interstate-commerce bill is to be taken this Clerk, announced that the House had agreed to the report of the com­ morning in accordance with the agreement entered into yesterday. mittee of conference on the disagreeing votes of the two Honses on the Mr. BUTTERWORTH. I understand that it is not in order to move amendments of the House to the bill (S. 54) to provide for the allot­ to recommit the_bill. I desire to ask this question of the Speaker, ment of lands in severalty to Indians on the various reservations, and whether it would be in order by unanimous consent to take a separate to extend the protection of the laws of the United States and the Ter­ vote upon the fourth section which relates to the long and short haul? ritories over the Indians, and for other purposes. The SPEAKER. Of course the vote can be in any way by nnani­ llr. INGALLS. I move that the Senate adjourn. mons consent. The motion was agreed to; and (at 5 o'clock and 25 minutes p.m.) Mr. CRISP. I object. the Senate adjourned until Monday, January 24, at 12 o'clock m. Mr. WEAVER, of Iowa. I ask unanimous consent to take a separate vote upon the commission featme, and the Federal court clause. :M:r. CRISP. I object. lli. W .ARNER, of Ohio. You had better swallow it whole. HOUSE OF REPRESENTATIVES. Mr. CRISP. I call for the regular order. M~. STEELE. I rise to a parliamentary inquiry. FRIDAY, January 21, 1887. The SPEAKER. The gentleman will state it, The House met at 12 o'clock m. Prayer by the Chaplain, Rev. W. ]')fr. STEELE. I would ask whether a vote in the negative, which H. Mn.BURN, D. D. would send this bill back to the committee of conference, would be con­ The Journal of yesterday's proceedings was read and approved. sidered as a vote Roaainst the bill? The SPEAKER. The Chair will state that if the House refuses to BATTLE SWORD OF CAPT. SAMUEL C. REID. agree to the report of the conference committee the regular order of pro­ The S~EAKER laid before the House tlie following m"essage from ceeding would be to ask a further conference with the Senate, which, the Pres1dent of the United States; which, with the accompanying pa- as a matter of course, is always granted. CONGRESSIONAL RECORD-HOUSE~ JANUARY- 21,

Mr. STEELE. Then in that event this objectionable section could The SPEAKER. The Chair is inclined to think the gentleman be stricken from the bill-the section which everybody objects to? from illinois [Mr. SP1UNGER] is correct. The Chair had overlooked The SPEAKER. The committee of conference would be privileged this provision of the rule; but it is somewhat doubtful whether that to report back anything upon which they may agree. clause of the rule does not relate exclusively to incidental questions of Mr. ADAMS, of New York. I would like to ask a parliamentary order arising directly out of the proposition upon which the previous question-whether or not a vote on concurring, or if it is not carried question has been ordered. rather, whether there will be a vote on the final passage of the bill? Mr. CRISP. I call for the yeas and nays on agreeing to the report. The SPEAKER. If the House agrees to the report of the conference Mr. DUNHAM. I failed to hear the point of order made by my col­ committee it closes the matter and the bill is passed. If the House re­ league (Mr. SPRINGER]. fuses to accept the report a further conference would follow, as hereto­ The SPEAKER. The gentleman from illinois [Mr. SPRINGER] fore stated by the Chair. made the point of order that after the previous question had been or­ Mr. LONG. I wish to make a parliamentary inquiry. dered on the pending proposition all incidental points of order made The SPEAKER. The gentleman will state it. must be decided without debate. Mr. LONG. In case we vote not to adopt the report of the confer­ Mr. REED. What is the pojnt of ordor? ence committee a. new committee of conference is to be appointed, I The SP~AKER. The point of order of the gentleman from Illinois understand. In that case, would not the committee report be privi­ [Mr. SPRINGER] is that his colleague [Mr. DUNHAM] can not discuss leged and have a right to be presented at any time? the question of order at this stage. • The SPEAKER. It would. It would have precisely the same status Mr. REED. What is the point of order that the gentleman from Il­ as the present report. linois [Mr. DUNHAM] desires to discuss? Mr. CRISP. I demand the yeas and nays on the adoption of the The SPEAKER. The point of order was, that the motion to recom­ conference report. mit is not in order. Does the gentleman from illinois [Mr. DoN­ Mr. DUNHAM. Mr. Speaker, notwithstanding the ruling made by HAM] insist on his motion? my friend from Ohio [Mr. BUTTERWORTH], I propose to move that this Mr. DUNHAM. I insist on my motion to recommit, because I bill be recommitted to the committee, and on that point I desire to be desire to get a direct vote on this question of the long and the short heard. haul. Mr. BUTTERWORTH. I did not make any ruling, but the Chair The SPEAKER. At the last session of Congress a committee of con­ did. 1 only asked as to the possibility of a separate vote, by unani­ ference was appointed on the disagreeing votes of the two Houses on mous consent, on the long and short haul feature. the bill known as the interstate-commerce bill. That committee, as the Mr. DUNHAM. Well, the gentleman raised the point. House has been officially notified, bas reported to the Senate, and 'its The SPEAKER. The gentleman from Dlinois [Mr. DUNHAM] report has been agreed to by that body. After that action of the Sen­ moves to recommit the report. ate, the report of the committee of conference was made to this body, Mr. HAMMOND. On that I make the pointof order. and is now before the House for consideration, and the previous ques­ Mr. DUNHAM. On the point of order I desire to be heard. tion bas been ordered upon it. The SPEAKER. The Chair will hear the gentleman. In the :first place, a mation to recommit is a motion to recommit to Mr. TOWNSHEND. I rise to a parliamentary inquiry. the entire committee of conference, as a matter of course, and not merely The SPEAKER. There is a point of order pending before the to the managers on the part of the Honse. But there is in fact no House. The gentleman from Illinois [Mr. DUNHAM] is on the :floor. committee of conference on this bill now in existence-the whole com­ Mr. TOWNSHEND. My parliamentary inquiry is directed to tb_at, mittee having reported to the Senate, and the Senate havingdisposedof and it is this: That the House on yesterday, by unanimous consent, the report, the committee was dissolved, so far as the Senate is con­ agreed that a vote should be taken this morning. cerned, the general rule being that a select committee is dissolved by its The SPEAKER. Still the point is made, and the gentleman de­ report. Otherwise, a select committee once created would become of sires to be heard. necessity a standing committee, and matters could be constantly re­ Mr. TOWNSHEND. But that is in violation of the order of the ferred to it, notwithstanding it had fully reported upon the particular House. matter which it was originally formed to consider. The SPEAKER. That may be, but it is a matter of argument. In addition to that the Chair is not aware of any parliamentary law Mr. SPRINGER. I make the point of order that debate is not in or practice which authorizes the recommitment of a conference report. order now even on a point of order after the previous question has been The consideration of conference reports is governed by different rules, ordered. in many respec~, from all other legislative proceedings in the House. The SPEAKER. The Chair will hear the gentleman on thepointof Such reports can not be laid on the table, as has been frequently de­ order. cided, nor can they be amended, as has also been frequently decided; and Mr. SPRINGER. The previous question has been ordered on the the only question which can be taken upon them is to agree to them adoption of this report. All questions incidental to that are covered as an entirety or to postpone their consideration, for the obvious reason by it, and no debate can be allowed upon it relating to the question that a refusal to agree is of itself substantially equivalent to a commit­ upon which the previous question has been ordered. Otherwise it is ment to another conference committee, the old one being dissolved by manifest there could never be any limit to discussion. its report to the two Houses. The motion to recommit, therefore, The SPEAKER. The Chair is not aware of any rule or practice of the Chair thinks is out of order. the House which prevents the Chair from hearing the views of gentle­ ·Mr. DUNHAl\I. I desire to ask a parliamentary question. men upon questions of order simply because the measure pending before The SPEAKER. The gentleman will state it. the House is under the operation of the previous question. The point Mr. DUNHAM. I make this motion to recommit because it has been of order is an independent question; but the Chair would be glad to held twice at least in another place that it was in order in a legislative bear the gentleman from Illinois, or to be referred to any ruling refer­ body. I ask the Chair if it is not proper to recommit this bill, and, if ring to the point. the conference committee has expired, how it happens under the rules Mr. SPRINGER. I will furnish it to the Chair in a few moments. of the House that the gentleman from Georgia [Mr. CRISP], as a mem­ Mr. DUNHAM. I have made this motion to recommit for two rea­ ber of the conference committee, has had entire charge and control of sons: First, because I know it to be the desire of a large number of the this report? members of this House that they should have an opportunity of voting The SPEAKER. The Chair will state to the gentleman from Dlinois directly on this fourth section. Second, the point of order is made that under the uniform practice of the House the gentlemen compo~ing that it can not be recommitted to the committee of conference. The the committee which had a measure under consideration and reported gentleman from Georgia [Mr. HAMMOND] gives no reason for his point it are first recognized for the purpose of speaking upon and managing of order, and leaves me to construe his reason to be as I have stated. the measure on the floor. Mr. McCREARY (interrupting). I make the point of order upon Mr. O'NEILL, of Pennsylvania. Idesiretomakeasnggestion. The the gentleman now addressing the Chair that be is discussing the merits Speaker evidently sees the embarrassment of many members who pro­ of the pending bill. pose to vote for this bill but who do not approve of its provisions. Is The SPEAKER. The gentleman from Kentucky [Mr. McCREARY] there not some pra-ctical way by which those gentlemen can free them­ makes the point of order that the gentleman from Illinois [Mr. DUN­ selves from that embarrassment? HAM] is not discussing the point of order. The SPEAKER. The Chair has stated what the effect of a refusal Mr. DUNHAM. I do mean to discuss the point of order. to agree to the report would be. The SPEAKER. The gentleman from Illinois has the floor to discuss Mr. STEELE. I desire to make a parliamentary inquiry. the point of order. The SPEAKER. The gentleman will state it. Mr. DUNHAM. I propose to speak exclusively on the point of order. Mr. STEELE. Would it be in order for gentlemen to vote ''no u Mr. SPRINGER. I now send to the desk the authority I referred and non-concur in this report, and then if it is carried jump over and to awhile ago. I a-sk the Clerk to read clause 3 of Rule XVII. vote "aye" to please their constituents? The Clerk read as follows: The SPEAKER. The Chair thinks that would be in order. All incidl"ntal questions of order arising after a motion is made for the pre­ Mr. CRISP. I call for the yeas and nays on the question of agree­ vious question, and pending such motion, shall be decided, whether on appeal ing to the report. or otherwise, without debate. The yeas and nays were ordered. 1887. CONGRESSIONAL -RECORD-HOUSE. 881

The question wa.s taken; and there were-yeas 219, nays 41, not vot­ SNYDER, is absent by leave of the House; if he were present he would ing 58; a.s follows: vote " aye." . YEAS-219. Mr. DUNHAM. Mr. Speaker, I ha"\'e voted "aye" on this call; bu~ Adams, G. E. Dunham, Lehlbach, - Sayers, I desire to state that had I had an opportunity I would have voted to Adam.s, J. J. Dunn, Lindsley, Scott, strike out the fourth section of the bill. [Laughter.] Allen, J. M. Eden, Little, Scranton, Anderson, J. A. Eldredge, Lore, Sessions, Mr. BUCK (before the announcement of the result). Mr. Speaker, Baker, Ellsberry, Louttit, Shaw, I ask unanimous consent to have my vote recorded. Ballentine, Everhart, Lovering, Singleton, The SPEAKER. Wa.s the gentleman in the Hall when his name Barbour, Farquhar, Lowry, Skinner, Barksdale, Fisher, Lyman, Sowden, was called? Barnes, Fleeger, Mahoney, • Spooner, Mr. BUCK. I was in the Hall before the roll-call closed. Barry, Foran, Matson, Springer, The SPEA.KER. If the gentleman states that h~ was in the Hall Bayne, Fuller, McAdoo, Steele, Belmont, · Funston; McComas, Stephenson, when his name was called, he is entitled to have his vote recorded. . Bennett, Gallinger, 1\IcOreary, Stewart, Charles Mr. BUCK. No; I was not. I was inside of the Hall while the Blanchard, Geddes, McKinley, St.one, W.J.,Ky. roll-call was still going on, but I did not hear my name called. Blount, Gibson, C. H. McMillin, Stone, W.J.,Mo. Bound, Glover, McRae, Storm, Mr. ANDERSON, of Kansas. Mr. Speaker, this is a very important Brady, Goff, 1\Iillard, Strait, vote, and as the gentleman wa.s in the Hall before the conclusion of the Breckinridge, C. R. Green, Milliken, Struble, roll-call, I ask unanimous consent that his vote be recorded. Breckinridge, WOP Grout, Mills, Swope, Brown, 0. E. Hale, Moffat, Symes, The SPEAKER. The rule provides that unless a gentleman responds Brown, W. W. Hall, Morrill, Tarsney, on the second roll-call, t.he Chair shall not thert:after even entertain a Buck, Halsell, · Morrison, Taulbee, request for unanimous consent to record the vote; but, under tbat rule, Bunnell, Hammond, Muller, Taylor, E. B. Burnes, Harmer, Murphy, Taylor, I. H.- a pradice has grown up in the House by which gentlemen who sta~ Burrows, Harris, Neal, ·Taylor, J. M. that they were in their seats during the roll-call and failed to hear the1r Butterworth, Hatch, Neece, Taylor, Zach. names called are permitted to vote, upon the idea that there is at times Bynum, Haynes, Nelson, Thomas,J.R. Cabell, Heard, Norwood, '£homas, 0. B. so much confusion in the Hall that it is difficult or impossible for mem­ Caldwell, Hempllill, O'Donnell, Thompson, bers to hear the call. Campbell, Felix Henderson, D. B. O'Ferra.ll, '£illman, Mr. BUCK. I was inside of the Hall during the roll·call, but did Campbell, J.l\I. Henderson, J. S. Osborne, Townshend, Cannon, Henderson, T. J. Outhwaite, Trigg, not hear my name. Carleton, Henley, - Owen, '.rucker, The SPEAKER. The gentleman states that he was in the Ha11, but Catchings, Hepburn, Parker, Turner, did not hear his name. If there be no objection his vote will be re­ Clements, Herbert, Payson, Van Eaton, Collins, Hermann, Peel, V.an Schaick, corded. Compton, Hiestand, Perkins, \Vade, There was no objection. Comstock, Hires, Perry, Wakefield, Mr. KING. Mr. Speaker, I was not in the Hall when my name was Conger, Hitt, Peters, Wallace, Cooper, Holman, Pettibone, Ward,J.H. called, because I had been informed that the vote would not be taken Cowles, Holmes, Phelps, Ward,T.B. untill o'clock. I ask unanimous consent that I be permitted to vote. Cox, W. R. Hopkins, Pirce, Warner,A.J. The SPEAKER. Under the rule it is not in order for the Chair to Crain, Howard, Plumb. Warner, William Crisp, Hudd, Randall, Weber, entertain the gentleman's request. · Croxton, Irion, · Richardson, \Vellborn, · Mr. KING. If I were permitted to vote I should vote "aye." Culberson, Johnston, J. T. Riggs, Wheeler. Mr. ALLEN, of MassachUsetts. My colleague Mr. WmTING is Curtin, Johnston, T. D. Robertson, White, Milo Cutcheon, Jones, J. H. R.ockwell, Wilkins, paired. If present, he would vote ''no.' ' Daniel, Jones, J. T. Rogers, · \Vi Ills, The following named members were announced as paired until fur- Davidson, R, H. M. Laffoon, Romeis, \Vilso11, ther notice: Dawson, La Follette, Rowell, Winans, Dingley, Landes, Rusk, Wolford, Mr. THROCKl\IORTON with Mr. ATKI:YSON. Dockery, Lanham, Ryan, Woodburn, Mr. ERMENTROUT with Mr. LAIRD. Dorsey, Lawler, Sadler, 'Vorthington. Mr. BLAND with Mr. JAMES. Dougherty, Le Fe~e, Sawyer, Mr. REAGAN with Mr. HISCOCK. NAYS-41. Mr. MORGAN with Mr. ZACH. TA1.~0R. Mr. MITCHELL with Mr. WHITING. Allen, C. H. Evans, Ketcham, Ranney, Anderson, C. M. Felton, Libbey, R-eed, Mr. REESE with Mr. WEAVER, of Nebraska. Bliss, Findlay, Long, Rice, Mr. CANDLER with Mr. WEST. Boutelle, Frederick, Markham, Seymour, 1tfr. SPRIGGS with Mr. HOUJL Boyle, Gay, Martin, Wadsworth, Bragg, Giltlllan, McKenna, Wait, Mr. DAVIDSON, of Alabama, with Mr. SWINBUR:8E. Brumm, Grosvenor, Miller, Weaver, J. B. Mr. FORNEY with Mr. PAYNE. Campbell, J. E. Hayden, Morrow, White, A. C. Caswell, Hill Oates, Mr. Cox, of New York, with Mr. BURLEIGH. Dibble, Joh~son, F. A. O'NeiJJ, Charles Mr. COBB with Mr.· BROWNE, of Indiana. Ely, Kelley, O'Neil1, J. J. Mr. GIBSON, of West Virginia, with .Mr. STEWART, of Vermont. Mr. VIELE and Mr. DAVENPORT were announced as paired until NOT VOTING-58. Januarv 24. .Aiken, Davidson, A. C. Kleiner, Snyder, The following named members were announced as paired on the in­ Atkinson, Davis, Laird, Spriggs, terstate-commerce bill. Bacon, Ermentrout, Maybury, Stahlnecker, Bingham, Ford, Merriman, Stcwart,J. W. Mr. S:YYDER with 1tfr. HANBACK. If present Mr. SXYDEr. would Bland, Forney, Mitchell, St. :Martin, vote for the bill and Mr. HANBACK against it. Browne, T. M. Gibson, Eustace Morgan, Stone, E. F. Mr. STONE, of Massachusetts, with :Mr. DAVIS. If present Mr. Buchanan, Glass, · Negley, Swinburne, Burleigh, Guenther, O'Hara, Throckmorton, STONE would vote for the bill and Mr. DAVIS against it. Campbell, T. J. Hanback, Payne, Viele. Mr. 1\:I:ER.RUIAN with Mr. BACON. If present Mr. MERRIMAN Candler, Hiscock, Pidcocl:, Weaver, A.J. would vote for the bill and Mr. BACON against it. Clardy, Hook, Pindar, \Vest, Cobb Hutton, Reagan, Whiting, Mr. GLASS with Mr. O'HARA. If present Mr. GLASs would vote Cox,S. S. Jackson, Reese, Wise. fc:t the bill and Mr. O'HARA against it. Dargan, James, Seney, Davenport, King, Smalls, Mr. CLARDY with Mr. BINGH.A:u. If present Mr. Cr.. ARDY would vote for the bill and Mr. BnmH~I against it. So the report of the committee of conference was agreed to. Mr. WISE with Mr. NEGLEY. If present Mr. WISE would vote Mr. CRISP. I ask unanimous consent that the reading of names of "aye" and Mr. NEGLEY "no." membe1'8 voting be dispensed with. The following-named members were announced as paired for this day: Mr. BRUMM and Mr. SOWDEN objected, and the names were read. Mr. SENEY with Mr. GUENTHER. . Mr. LANHAM. Mr. Speaker, I wish to say in behalf of my col­ Mr. STAHLNECKER with Mr. BUCHANAN. le3o

PUBLIC BUILDING .AT WILMINGTON, N. C. Mr. PERKINS. And there is a brief statement of .the conferees which perhaps had better be read. Mr. JOHNSTON, of North Carolina. I send to the desk ~confer­ ence report and move its adoption. The report of the committee ofconference, together with the state­ The Clerk read as follows: ment of the Rouse conferees (as published in House proceedings of Tuesday the 18th instant), was read. The committee of conference on the disagreeing votes of the two Houses on the amendments of the House to the bill (S. 229) making appropriation for the Mr. SKINNER. I move·the adoption of this report. erection of a public building at Wilmington, N. C., having met, after full and The motion was agreed to. free conference have agreed to recommend, and do recommend, to their re­ Mr. SKINNER moved to reconsider the vote by which the report spective Houses, as follows: That the House recede from its amendment numbered 1. was adopted; and also moved that the motion to reconsider be laid on That the Senate recede from its disagreement to the amendment of the House the table. • numbered 2, and agree to the same with an amendment striking out the words The latter motion was agreed to. "one hundred and fifty" and. inserting the words "two hundred " in lieu thereof, and that the House agree to the same. RESIGNATION OF HON. :JAMES W. REID. That the Senate recede from its disagreement to the amendment of the House numbered3. The SPEAKER laid before the House the following communication; SAMUEL DffiBLE, which was laid on the table: :JAMES T. :JOHNSTON, RALEIGH, N. C., .January 20, 1887. W.D.OWEN, Man agers on the part of the House. Sm: I have the honor to inform you that the ~esignation of Hon. :James B. R-eid as a member of the Forty-ninl.h Congress from the fifth Congressional WILLIAl\I M.AHONE, district of North Carolina was, on the 5th day of :January, 1887, received and G. G. VEST, accepted by me. · M. W. RANSOM, I am, sir, your obedient servant, Managers on the part of the Senate. .A. 1\I. SCALES, GO'OernOr of North Carolina. The SPEAKER. The statement of the House conferees, which ac­ Hon. :JoHN G. CARLISLE, companies this report, will be read. Speaker of the House of Representatives The Clerk read n.s follows : of th6 United States. lN THE HoUSE OF REPRESENTATIVES. ORDER OF BUSINESS. The managers on the part of the House in the conference upon the disagreeing The SPEAKER. By special ordei of the Honse, this day after the votes of the Senate and House of Representatives upon the bill (S. 229) to provide 1 for the erection of a public building at Wilmington, N.C., present the following morning hour, is set apart for the consideration of Senate bills on the statement in explanation of the conference report: Private Calendar. The Senate bill proposed the expenditure of $200,000 for purchase of site and Mr. WILLIS. Before the House enters ori the execution of that order erection of a public building at Wilmingt{)n, N.C. The House passed the bill, reducing the amount to ~no,ooo, and also amending by insertion of a provision I ask that, where there is upon the Calendar a. House bill and also a providing that estimates shall be made so as to insure that the building be com­ Senate bill, iden1ical with it in terms, the House bill shall be taken up pleted within the limit prescribed before purchase of site, so that 11.ft.er paying and the Senate bill substituted. There are only a few such cases. for site, the balance, according to the estimates, should suffice for the erection of the building; also amending so that the exclusive jurisdiction of the United Mr. JOHNSTON, of Indiana. I do not object if it does not include States should have the exception, allowing full administration of criminal laws the next bill in which I am interested, and which I desire to be taken and service of civil process. up and disposed of. The effect t)f the action of the conference committee is to restore the amount originally passed by the Senate, and to adopt the other House amendments as Mr. WILLIS. There is no objection to that. to the safeguards around the expenditure and the right of the State to admin­ The SPEAKER. Is there objection? ister criminal law and to serve civil process on the site when purchased by the Mr. STRAIT. Yes; .I object. United States. SAl\IUEL DIBBLE, Mr. SPRINGER. I now demand the regular order of business. THO. D. JOHNSTON, The SPEAKER. The re_gular order of business is the call of commit- W.D. OWEN, tees for reports of a private nature. Manage~·s on the part of the House. :JACOB Sl\IITH. The report of the committee of conference was agreed to. :M:r. JOHNSTON, of North Carolina, moved to reconsider the vote 1Ir. ELLSBERRY, from the Committee on Invalid Pensions, reported by which the report was agreed to; and also moved that the motion to back a bill (S. 2111) granting a pension to Jacob Smith; which was re· reconsider be laid on the table. ferred to the Committee of the 'Vhole House on the Private Calendar, The latter motion was agreed to. and, with the accompanying report, ordered to be printed. PROTECTION OF LIFE OY P.ASSEYGER STEAM-CARS, ETC. BEN:JAMIN FISHER. Mr. ELLSBERRY, from the Committee on Invalid Pensions, also re­ Mr. CRISP, from the Committee on Commerce, to which was referred ported back, with an amendment, a bill (S. 1190) granting an increase the following resolution of inquiry, introduced on the lOth instant by of pension to Benjamin Fisher; which was referred to the Commit­ Mr. BRECKINRIDGE, of Arkansas, reported the same back, with a recom­ tee of the Whole House on the Private Calendar, and, with the accom­ mendation that it be adopted: panying report, ordered to be printed. R esolved, That the Secretary of the Treasury be, and he is h ereby, requested to make inquiries of constructors of passenger cars and of stell.mboats, and of ELIZA. TREFREN. any other persons whom he may think especially capable of giving useful in­ formation upon the subject, as to the best methods of constructing and of heat­ l\Ir. HAYNES, from the Committee on Invalid Pensions, reported ing the same, especially of heating the former and constructing the latter, so as back a bill (H. R. 9072) granting a pension :t;o Eliza Trefren; which: to prevent the loss of life and property by fire; also tha t be communicate to the House at the next regular meeting of Congress so much of the communications was referred to the Committee of the Whole House on the Private he mny r eceive, with plans and drawings, if any, as he may think of value t.o Calendar, and, with the accompanying report, ordered to be printed. Congress, with o. view to legislation looking to the prot-ection of property and life, together with such views and recommendations as he may see tit to express. M.A.H.AL.A DEXTER. The resolution was adopted. :Mr. HAYNES, from the Committee on Invalid Pensions, also re· 1\Ir. CRISP moved to reconsider the vote by which the resolution was ported back a bill (H. R. 8892) granting a pension to Mahala. Dexter; adopted; and also moved that the motion to reconsider be laid on the which was referred to the Committee of the Whole House on the Private table. Calendar, and, with the accompanying report, ordered to be printed. The latter motion was agreed to. OZIAS B. COTTON • ..il!EBIC.AN VESS:ELS IN CAN.AD IAN PORTS. Mr. HAYNES, from the Committee on Invalid Pensions, also re­ Mr. BELMONT submitted the folloWing resolution; which was re­ ported backa bill (H. R. 10281) granting a pension to Ozias B. Cotton; ferred to the Committee on Foreign Aff..-tirs: which was referred to the Committee of the Whole House on the Private .Resolved, That the President be requested to transmit to the House copies of Calendar, and, with the accompanying report, ordered to be printed• such "correspondence, up to the present da y, between this Government and_the LEWIS 1\f. STRONG. British Government as he ma.y decide can now properly be made public, in re­ gard to the deprivation inflicted in Canadian ports on .American fishing vessels Mr. HAYNES, from the Committee on Invalid Pensions, also re­ having the rhrht to touch and trade, of. the liberty heretofore enjoyed by such ported back a bill (H. R. 6918) to increase the pension of Lewis M. vessels to enter Canadian ports open to foreign vessels and buy and sell, and to transmit merchandise therein, and which is permitted in such ports to .American Strong; which was referred to the Committee of the Whole House on t=ading vessels and to vessels of all other nationalities. the Private Calendar, and, with the ~companying report, ordered to LANDS IN SEVERALTY TO INDIANS. be printed. ll.ANNAH C. DE WIT.r. 1\Ir. SKINNER. I now call up for consideration the report of the Mr. HAYNES, from the Committee on Invalid Pensions, also ~ committee of conference on the bill (S. 54) to provide for the allotment ported back a bill (S. 2293) granting a -pension to Hannah C. De Witt; of lands in severalty to Indians on the various reservations, and to ex­ which was referred to the Committee of the Whole House on the Pri­ tend the protection of the laws of the United States and the Territories vate Calendar, and, with the accompanying report, ordered to be printed. over the Indians, and for other purposes. This report was read on 0: previous day. ADVERSE REPORTS. a U.r. SPRINGER. I call for the reading of the report. This is a 111r. HAYNES, from the Committee on Invalid Pensions, also re­ very important bill. ported back adversely bills of the following titles; which were severally 1887. CONGRESSIONAL RECORD-HOUSE. . 883 laid upon the table, and the accompanying reports ordered to be FORESTER H. M 1BRIDE. printed: Mr. CONGER, from the Committee on Invalid Pensions, reported A bill (H. R. 7833) granting a pension to Lucetta Corse; back favorably the bill (H. R. 10427) granting a pen.~ion to Forester A bill {H.-R. 10511) granting a pension to Hannah C. De Witt; H. McBride; which was referred to the Committee of the Whole House A bill {H. R. 9318) granting a pension to Asa A Goodwin; on the Private Calendar, and, with the accompanying report, ordered A bill (H. R. 6920) granting a pension to Michael Manning; to be printed. A bill (H. R. 9239) for the relief of Alexander McKelvie;: . WILLIAM B. BARNES. A bill (H. R. 8019l granting a pension to MaryS. Patridge; Mr. CONGER, from the Committee on Invalid Pensions, also re­ A bill (H. R. 8824 increasing the pension of James W. Plaisted; 2687) A bill (H. R. 7949 for the relief of Edward N. Pomeroy; ported back favorably the bill (S. granting a pension to William B. Barnes; which was referred to the Committee of the Whole House A bill (H. R. 9535) for the relief of Alfred Shattuck; on the Private Calendar, and, with the accompanying report, ordered A bill (H. R. 1021) granting a pension to Ellie I. Small; to be printed. A bill (H. R. 9197) to increase the pension of Cyrus T. Wardwell; and 1\IRS. :M. E. WOODS. A bill (H. R. 10626) granting a pension to Darwin E. Washburn. Mr. CONGER, from the Committee on Invalid Pensions, also re· ported back favorably the bill (S. 2997) granting a pension to Mrs. M. • CHANGE OF REFERENCE. E. Woods; which was referred to the Committee of the Whole House On motion of Mr. HAYNES, the Committee on Invalid Pensions was on the Private Calendar, and, with the accompanying report, ordered disch.arged from the further consideration of a bill (H. R. 10510) grant­ to be printed. ing balance of pension to William H. S. Riley, and the same was re­ CHANGE OF :REFERENCE. ferred to the Committee on Claims. On motion of Mr. BRAGG, the Committee on ?tfilitary A.ftllirs was SUSAN :A.. DUNCAN. discharged from the further consideration of the bill (H. R. 2936) for the relief of George M. Ochiltree; and the same was referred to the Com­ Mr. MORRILL, from the Committee on Invalid Pensions, reported back a bill (S. 2252) granting a pension to Susan A. Duncan; which mittee on War Claims. was referred to the Committee of the Whole House on the Private Cal­ J.A.l\IES ,CROOKS AND OTHERS. endar, and, with the accompanying report, ordered to be printed. Mr. DANIEL, from the Committee on Foreign Affairs, reported a ADVERSE REPORTS. · bill (H. R. 10800) for the relief of the legal representatives of James Orooks and William Crooks, of Canada; which was read a first and sec­ 11-1r. MORRILL, from the Committee on Invalid Pensions, also re­ ond time, referred to the Committee of the Whole House on the Private ported back adve:rsely bills of the following titles; which were sever­ Calendar, and, with the accompanying report, ordered to be printed. ally laid on the table, and the accompanying reports ordered to be printed: SOLDIERS' HOME, MINNESOTA. A bill (H. R. 6727) granting a pension to George 1\I. Dowell; Mr. NELSON, by unanimous consent, introduced a bill (H. R. 10801) A bill (H. R. 6807) granting a pension to Henry A. Pierce; ceding to the State of Minnesota Fort Ripley Uilitary Reservation for A bill (H. R. 7934) granting a pension to Martin Smiley; the purpose of erecting and maintaining a soldiers' home therein; A bill (H. R. 3932) to grant a pension to John N. Pennell; which was read a first and second time, referred to the Committee on A bill ~H. R. 7539) granting a pension to·John Albrecht; Military Affairs, and ordered to be printed. A bill H. R. 6808) granting a pension to Barny H. Riepe; A bill H. R. 6809) granting a pension to John R. Herron; 1\IESSAGE FROM THE SENATE. A bill (H. R. 3536) granting a pension to Jonathan D. Young; and A message from the Senate, by Mr. SYMPSON, one of its clerks, in­ A bill (H. R. 3934) to grant a pension to Lucinda Burke. formed the Honse that the Senate had agreed to the report of the com­ mittee of conference on the bill (S. 229) to provide for the erection of DR. SABIN STOCKING. a public building at Wilmington, N. C. Mr. LOVERING, from the Committee on Invalid Pensions, reported back with an amendment a bill (H. R. 9143) granting a pension to Dr. ORDER OF BUSL.~. Sabin Stocking; which was referred to· the Committee of the Whole 1t1r. SPRINGER. I move that the House now resolve ·itself into House on the Private Calendar, and, with the accompanying report, Committee of the Whole to consider bills under the special order. ordered to be printed. The motion was agreed to. MARY MARTIN. The House accordingly resolved itself into Committee of the Whole (Mr. HATCHin the chair). Mr. LOVERING, from the Committ~ on Invalid Pensions, also re­ The CHAIRMAN. . The Clerk will report the first bill. ported back a bill (H. R. 2232) granting a pension to Mary :Martin; which was referred to the Committee of the Whole House on the Pri­ W. H. POWELL. vate Calendar, and, with the accompanying report, ordered to be The first business on the Private Calendar was the bill (S. 269) for printed. the relief of W. H. PowelL L. B. TOWNSEND AND OTHERS. The CHAIRMAN. This bill was under consideration when the com­ Mr. HOWARD, from the Committee on Claims, reported back a bill mittee rose on last Friday, the pending question being on the motion to (S. 2126) for the relief of L. B. Townsend, Louis S. Lovell, W. C. Page, lay the bill aside with the recommendation that it do pass. .Alonzo Sessions, Hampton Rich, Harvey Harter, Benjamin Harter, The motion was agreed to. and Peter Hackett; which was referred to the Committee of the Whole EDWAY A.. GRANT. House on the Private Calendar, and, with the accompanying report, The next business on the Private Calendar was the bill (S. 267) for ordered to be printed. the rehef of Ed way A. Grant. ADVERSE RE;PORT. The bill was read. Mr. LYMA.J.."if, from the Committee on War Claims, reported back a

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1887. CONGRESSIONAL RECORD-HOUSE. 885

parties for grand larceny for taking these munitions of war while act­ Court, and even Judge Eckels, the man who was so biased against ing under the order of the commanding general of the district under these men that he held the United State.':! statute providing for a transfer the order of the provost marshal, and under the order of the general of the suits was unconstitutional, and forced them to trial in his court. commanding the State militia, and the same judge ruled that they Judge Eckels himself, after the services had been rendered and the must answer to that charge also. case wound up, declared the fees charged to be only reasonable com­ When this case went to the supreme court of the State the judgment pensation for the services rendered. of the lower court was reversed, the supreme court holding that the act I have no personal interest in this matter. I merely wish to see of Congress providing for a transfer of such cases to United States courts justice done to the widow and family of a man who had the courage was constitutional and that these men were entitled to that right. and manhood to stand by these men who were unable to pay him a fee, The cases went back and were certified to the United States court. and secure them their rights after the State court. had undertaken to Porter, Harrison & Fishback came into the cases when they went to the override an act of Congress and deny them the hearing to which they supreme court of the State, and helped attend to them after they were were entitled in a tribunal of the United States. .All I ask is an im­ transferred to the Federal court. partial consideration of this application. Now, my colleague says that he was a young manatthattime. I was Mr. WARD, of Indiana. Upon what ground of law or equity is it then twenty years younger than I am now; but I can recollect a great contended that the Government is liai>le for these fees? deal about the circumstances, for they occurred only 50 miles from my Mr. JOHNSTON, of Indiana. Upon the ground that whenever the 1·esidence. I will, however, call my colleague's attention to the fact Government orders a man to do a thing, and he gets into trouble, is that there are men living who were not young men then-such men subjected to heavy legal expenses in consequence of his act of obedi­ as Joseph E. McDonald, Judge Frazier, of the supreme court (and a ence to the Government, that Government is bound to stand by him brighter legal intellect never shed luster upon that bench), and Judge and protect him. Ray-these gentlemen, together with Mr. Hendricks, now deceased, In 1868 Congress, having its attention attracted to the matter by the who after the date of these occurrences was governor and Vice-Presi­ hardship of this very case, passed a law providing that no person act­ dent, but who was at that time a practicing attorney, were not then ing under the orders of the United States should be liable to damages young men; and having knowledge of all the circumstances, these gen­ for an arrest of this kind. Prior to that time there was no such law. tlemen certify that the fees charged by these attorneys for their serv­ And now numbers of cases have been reported from your War Claims ices at that time were reasonable. Committee, and favorably acted upon by this House, allowing men Mr. HOPKINS. Why did they not collect their fees at the time the compensation for their property which had been destroyed by an officer, service was rendered or soon after? the citizens having no remedy in a court of justice because the officer :M:r. JOHNSTON, of Indiana. They applied to the War Department, was acting under orders. but the Judge-Advocate-General refused to recommend the allowance of This is a matter of justice. As I said before, it is an unpleasant mat­ the fees, because the services were not completed; the cases were still ter for me to talk about, and I do not want to enter into all its sruround­ pending. He stated that· when the cases were completed he would ings and the terrible state of affairs which existed there when these then consider the matter. men made the arrest. It is unpleasant to rehearse the facts, how brave Mr. HOPKINS. .After the cases were ended did these attorneys men were shot down in the discharge of their duties as Federal officers. then apply for compensation? . I do not want to enter into that, but prefer to stand on the case as rec­ Mr. JOHNSTON, of Indiana. They then applied to the Dep:lrtment, ommended by men who knew all the service which was rendered at but it was held, as is shown by the papers here, that there was no means the time. out of which payment could then be made. I reserve the rest of my time. Mr. PETTIBONE. Does the gentleman state that Joseph E. McDon­ Mr. ELY. I understand from the discussion of this bill-I never heard ald and the late Vice-President Hendricks certified to the correctness of it before it came up here-that these claimants have an equitable of the charges made by these attorneys? claim against the Government. It is claimed too much is charged be­ Mr. JOHNSTON, oflndiana. Yes, sir; they certified that the amount cause they are local attorneys, and, secondly, because of the shortness charged was reasonable compensation for the services rendered. of the brief tiled in the case. 'faking the opponents of this bill on th~e Mr. PETTIBONE. And their certificate to that effect was made at two grounds, I submit, and I think every attorney in this House will or about the time the services were rendered? agree with me, the length ofa brief filed by these attorneys is no measure Mr. JOHNSTON, of Indiana. Yes, sir; Governor Hendricks was of the services they rendered. In fact the brevity of the brief ma.y be an an attorney in the case upon the other side and knew all the surround­ indication :their service is of greater value than if they had :filed one of ings of the matter. There is also a certificate from tb.e then governor greater length. of Indiana, Mr. Conrad Baker, that he knew all the facts and con­ Upon the other pomt ex-Senator McDJnald uses the following lan­ sidered the charge a reasonable one. guage: Mr. STEELE. Does the gentleman think that their judgment on IXDIANAPOLIS, .April6, 1875. such matters is as good as that of our colleague? _ I was one of the attorneys for Andrew Humphreys and others, plaintiffs in the suits transferred to the United States circuit court, from the time the trans­ Mr. JOHNSTON, of Indiana. I do not want to :make a comparison fers were made uri til the suits were ended, and have a. personal knowledge of of that kind. [Laughter. J 'the services rendered in said court by Porter, Harrison & Fishback, and from My colleague says that Mr. Coulson was a "local attorney;" but said personal knowledge and from t·he record above of proceedings in the sev­ eral causes, state that the fees charged in the said cause.s by the several attor­ he will not dispute that Mr. Coulson was as good a. lawyer as there neys engaged in the above claim are reasonable and within the rate of usual was in the eighth Congressional district. He was as good a lawyer as charges in this State for such services. · many a man who resided at the capital of his State, and is not to be J. E. MeDONALD. classed as a "local attorney." I know there is a feeling among some The late Vice-President Hendricks says: men that when they move from one of the counties of Indiana to the INDIANAPOLIS, ..4.prt17, 1875. capital of the State we lawyers out in the rural districts are merely I have examined the statements made by said Porter and Harrison, and had 11 some personal knowledge of the cases, and think the charge of SS,OOO reason­ local attorneys'' and have not brains entJugh to manage a lawsuit. able and not above the charges usual among attorneys of the recognized ability [Laughter.] But I say, notwithstanding the fact that M:r. Coulson of Messrs. Porter, Harrison & Fishback. lived away from the capital of the State, there was not a better at­ THOl\!AS .A. HENDRICKS. torney in the Wabash Valley, and but few better at the capital. It seems to me that is an answer to the objection made to the pas­ These attorneys secured for these men their rights. Those judgments sage of this bill. for $30,000 were set aside, as was also the indictment for grand larceny. For one, sir, as a member of the legal profession, and speaking in re­ Now, if those judgments for $30,000 had remained in force, and these gard to others to whom I have ever been politically opposed, I repudi­ men had been compelled to pay them in consequence of acts which they ate the idea that honorable attorneys will make an assertion of that which performed under the order of superior officers-acts performed while is not true for the sake of giving some ot.her attorney a large fee in any they were acting under the order of the provost-marshal, and under the cause. This is, sir, a slander upon one of the most honorable profes­ order of a general ofthe Army-if these men had been obliged to pay sions in this country. It is a. slander upon the dead as well as upon these judgments rendered under circumstances of that kind, I desire to the living. It is a slander upon the most honorable and respected citi­ knowwhetherthere is a fair-minded man upon either sideofthis House zens ofthe United States. who would have refused to make an appropriation to reimburse ·them. And because this opposition to the bill is so weak and frivolous and No man who has a conscience would have voted against such a propo­ unfounded I venture to break the silence I have maintained in the sition. House to say this much in favor of a claim which seems to me to be just Now, these attomeys secru·ed the wiping out.of those judgments of and reasonable and in defense of the profession of which I am an humble $30,000. These cases were pending, as the record shows, for six long member. [Applause.] · years in theseveralconrts before which theywerecarried. The amount Mr. BYNUM. [Cries of "Vote!"] Mr. Chairman, I shall not de­ that Congress is now asked to pay for the services of these attorneys is tain the committee for any great length of time. Members seem to be about $6,000; that is all- 3,000 in one instance, and $2,500 in the growing impatient; but I do not desire this House shall lose sight of other. And is a just claim like this to be brushed aside because, for­ the main proposition, or that · gentlemen shall be carried away by the sooth, Sewell Coulson was a "local attorney," when this application statement of my colleague [1\Ir. JoHNSON] as to the condition of affairs is supported by the statement of such men as I have mentioned, Vice­ in the State of Indiana. at the time these arrests were made. President Hendricks, Senator McDonald, two judges of the Supreme I concede this man acted legally; I concede all that. I simply bise 886 CONGRESSIONAL RECORD- HOUSE. JANUARY 21, my opposition to this bill upon the ground that these charges are ex­ Mr. GOFF• . Who appeared for the defense in the supreme court of cessive. I think I am familin.r with the services which were rendered in Indiana? the case. I went through the records, and I say to this House, and I :Mr. BYNUM. Porter, Harrison & Fishback. know what I am talking about, that Ur. Humphreys never expected blr. GOFF. Who appeared in the Supreme Court of the United any such verdict, and it would never have been rendered under ot.her States? circumstances than the excitement which prevailed at the time the case Mr. BYNUM. There was no appeal to the Supreme cOurt of the was tried in the lower court. He had so little confidence in it that he United States. It never went there. It was reversed in the supreme never even followed the case to the Federal court. It was there dis­ court of the State and afterward went to the Federal court, where, missed. after a time, it was dismissed. · Mr. Coulson may have been an excellent attorney, yet his name is Mr. LAFFOON. How much were Porter, Harrison&Fishbackpaid? not attached to the brief filed in the Supreme Court. There is no name Mr. BYNUM. They were paid $500 or $550. of another individual or firm upon the brief except Porter, Harrison & I do not wish to be understood as making any assertion which would Fishback. cast discredit upon the ability of that firm, for it is well known that Mr. WARNER, of Missouri. I would like to ask the gentleman there is not a firm of abler lawyers in the State than they; but I am not from. Indiana whether he regards, as a Representative of the State of here simply to say that because they are able lawyers that the points Indiana, the opinion of Senator McDonald and of the late Vice-Presi­ involved were so intricate and diffi.cultthatitrequiredaserviceofsuch dent Hendricks and of two Judges of the Supreme Court as being worthy character as would entitle them to a compensation of $3,000 to liqui­ of consideration as to the value of the legal services in tlie case? date it. I have already saiu that the entire brief, excluding of course ·Mr. BYNUAI. I simply say in answer to that, that when I am as certain documents which were incorporated in it, did not exceed more familiar with facts as I am in this case I will not yield my opinion to than fourteen pages, and it was directed Sersons have an equitable claim against the Government for pay? Mr. BYNUM. Yes, sir. But it is a singular thing that the receipts Mr. BYNUM. No, sir; I do not concede that they have any claim signed by them are not made a part of this report. If they had been at all. it would have appeared whether they were receipts in full or otherwise. Mr. BAYNE. I understood the gentleman to say that the question Mr. JOHNSTON, of Indiana. Why do you not produce your author­ was a mere one of fees. ity for asserting th..'l.t they were paid in full? That belongs to your Mr. BYNUM. No, sir; the objection I urge is principally that the side of the case, not to mine. · fee is excessive. I wouldnot object to the Government paying what I Mr; BYNUU. In regard to :Mr. Coulson's services in this case I conceive to be a reasonable fee, but I do not concede its liability to have stated that I believe the sum paid to him for his services, about . these parties for a cent. - $500, was an adequate compensation. The gentleman from Indiana Ur. BAYNE. What would you regard as a. reasonable fee? may talk about ~Ir. Coulson's legal ability as long as he pleases. r :M:r. BYNUM. I think the thousand and fifty dollars paid by the make the assertion, which I do not believe any one will successfully State of Indiana was a large fee, and I believe it was intended in full contradict, that able as be may have been, long as be practiced the law payment. in the county in which he resided, the amount in this claim will ex­ Mr. GOFF. If I understand the gentleman, he said that the coun­ ceed the amount of the estate he left to his family, although he followed sel for the defense in the lower court withdrew after the court over­ his profession for twenty years. ruled the plea. Mr. JOHNSTON, of Indiana. Do you measure a man's ability by Mr. BYNUM. They did. the number of dollars he lays up? 1887. CONGRESSIONAL RECORD-HOUSE. 887

· ·~Ir. BYNUM. I do not. But w.hen an able attorney practices law The report (by Mr. McKENNA} and the views of the minority were for twentyye.ars he ought toha.vesomething more to show in the estate read, as follows: he leaves to his family tha.n. a. claim against the Government in a single The Committee on Claims, to whom was referred the bill (S. 92.9} for there­ case. I think he would if he were an attorney of very high standing lief of Albert H. Emery, have conside.re d the same, andre pectfully report: and extensive practice. But I will not undertake to say that there This bill has passed the Se"Ol\te three times, once for 225,000 and twice as .n(}w reported. for $200,000. The facts concerning thls case are fully set fOl'th in the might not perhaps be allowed to these parties something. Senate Report No. 71, which accompanied this bill, and in which you.r commit;.. Ur. JOHNSTON, of Indiana. Will the gentleman allow me another tee fully concur. .. question? The following is. a. summary of said report ~ {1) That 1\Ir. Emery, the claimant, has invented and furnished to the Govern­ Mr. B"'INUM. I think the gentleman is taking up too much of my ment a machine suitable for testing the sb:engili of structural materials, which, time. He bas his own hour and can speak in that.. according to the judgment of its own officers and the scientifie experts of th.e Mr. JOHNSTON, of Indiana. My question is, what did Daniel country, far exceeds in value the amount of the appropriation provided for in this bill. Webster and what did Matt. Carpenter leave? (2.) The cost of the machine the 1st of .January, 1880, was shown t(} be upward Mr. BYNUM. In answer to that question I will say I am not well of 129,000. posted as to the estate any one leaves, especially any politician. The That toward the production of this wonderful machine the Government con­ tn'buted $31, 500 only-so that the machine was built principally at the expense gentlemen just named were in politics the most of their lives, and it of Mr. E mery; and, in addition to this, he contributed over five years of unr-e­ is pretty well known that those who are engaged in politics never m itting labor in designing and constructing the mn..chi.ne and the use of his is to a~ im·entions therein, which had cost him several years of t.im.e and the e.xpendi~ leave very large estates. I may say there not going be excep­ ture of large sums of money, not embraced in the above-mentioned amount ex­ tion in my case; I do not know how it is about the gentleman repre­ pended in the construction of the machine; and your committee are assured by senting the eighth district. the claimant tha.t in connection with the development of these inventiollil and l\1r. to the colliltruction of this machine he has incurred a . large indebtedness, upon Now, Chairman, I did not int:end at the beginning do more which the accruing interest is over a. thousand dollars a month, for which it ap­ than state the facts in this case and let the House know what the con­ pears that the Government and the people are the only beneficiaries. dition of this case was. I am not here for the purpose of making any "To produce tills machine f says General Gillmore in his let-ter of Febru.ury, factious or bitter opposition to the payment of this claim; but I felt it 18821 he not only had to spend the long years which were occupied in its pro­ duction, but the many previous years of study and very expensive expeti­ to be my duty to present the facts. I honestly and conscienti-ously felt r.:ten al works before he could possibly produce such a machine as this proves that the payment of so large a sum in this case was wrong. Probably to be." $1,000 & Fishback~ $500 (3) That the real value of this invention to the claimant ·depends not alone to give to Porter, Harrison and or $1,000 to upon the construction of a machine for the use of the Government, but upon Coulson's heirs, because he is now dead, would not be an improper the exercise of his right under his patents from the United States to manufact­ thing. But I do think the payment of $3,900 to Coulson for simply ure and sell machines in the general market-a. right which the Government presenting this motion in the lower court and the :filing affidavits in could not justly take away or seriously impair unless authorized by the claim­ ant, and for a fair consideration. three or four cases for larceny, fo.r changes of venue which any justice (4) That the law of Congress approved .Tune 20, 1878, dedicating this machine of tbe peace could have written, would be exorbitant; and I propose to the public use a-t merely nominal rates, has in a great measure impaired the this House when it votes on this question shall vote understandingly. va lue oe these inventions to the claimant and placed him at such disadvantage that all attempts on his part thus far to realize a profit upon the manufacture Mr. SOWDEN. Will the gentleman permit me n. question? and sale of the machines under the~e extraordinary and expensive inventions Mr. BYNUM. Yes, sir. have been attended with great pecuniary loss. - 1\ir. SOWDEN. If these people have been paid a reasonable com­ (5) The fact that this bill has three times passed the Senate, once for $225,000 and twice for ~..oo.ooo-in the Forty-eighth Congress, after a full discussion of pensation~ as you allege, why do you now suggest the payment of an its provisions, and in this Congress without opposition-and has been three additional sum? times favorably reported in the House of Representatives, is an indorsement of Mr. BYNUM. I made the suggestion simply because I w-ould give its merits which ought not to be disregarded by this committee. Your committee therefore report back the Senate bill and recommend that the them something to get ri~l of the claim. same do pass. Mr. GEDDES. In that case, if it is not a just claim against the VIEWS OF 'IRE lltiNOBITY. Government, would it not be better for us to raise the amount here in The undersigned members of the Committee on Cl&i.ms do notconcnr with the , the House by private subscription? majority who have determined to report favorably Senate bill 929.for the relief Mr. BYNUM. I would have no objection to that. of Albert H. Emery, donating t-o him $200,000 out of the public Treasury. ll is difficult to see how either the Senate or the majority oi the Committee on Claims :Mr. JOHNSTON, of Indiana. I wish to answer one question asked of this House have arrived at their conclusion or upon what figures they based . by the chairman of the Committee on War Claims. These men never their estimate of $200,000. This case was before this committee (}f the Forty­ looked to the State of Indiana for payment of their claims; they eighth Congress, and there, for the fi.nlt time, seems to have received that care­ ful consideration which it deserved. It is doubted whether the conclusions of looked to the General Government, and applied to the General Gov­ that committee were known to the Senate when the matter was pending there, ernment, and the Adjutant-General recommended the payment of the or to the majority of the committee, who report tll.e Senate bill favorably. claim, but afterwards the St.1.te Legislature made an appropriation of The report of this committee of the Forty-eighth Congress was as follows (Report H. R. No. 484), namely: $3,000 to pay claims of this character, and that s.um was apportioned That Congress, by an act approved March 3, 1873, appropriated $25,000 for im­ out among the different claimants by the governor. The governor gave proved m.a.chinery for testing the strength of iron and steel. Under this act the these claimants, as their share, about $800, and certified at the time Ordnance Department made a contract with A. H. Em.ery, civil en~~eer, of New York, fo.r a testing-machine to be designed and constructed by n.im, and that it was not accepted by them in full payment or as in any way erected at the arsenal at Watertown, 1\Iass. The price Mr. Emery was tore­ compensatingthemforthe services they had rendered. The gentleman ceive for such a ma.clline was $25,000. Under this contract. the evidence shows from Indiana [Mr. BYNUM] tell u.s that he was a boy at the time this that 1\lr. Emery proceeded wiili the designing and constructing of the machine. While the work was in progress Congress passed an act, approved March 3, claim arose, yet now, twenty years afterwards, he looks through the 1875, appropriating S50,000 for "experiments in testing iron and steel, including papers and comes and asks this House to take his version of the matter the co&t of any machine built. for that purpose," and the previous appropria­ and his opinion of the value of the services, and to override the certifi­ tion of $25,000 for a testing-machine was made available as a. farther sum for the p-urpose of building the machine. This act also provided that the President cates of the late Vice-President Hendricks, of Senator 1\icDonald, and should appoint a board, consisting of one engineer and one ordnance officer of of the judges of the Supreme Court who heard the case. [Cries of the Army, one line officer and one engineer of the Navy, and three civilian ex­ perts, for the purpose of making tests of the strength and value of all kinds of "Vote!" "Vote!"] iron and steel and othe1· metals, and for the building of a suUable machine fot· The question was taken on the motion of Mr. McMrLLIY, and the establishing such t-ests. The President appointed on this board General Q. A. chairman declared that the ayes seemed to have it. Gillmore, engineer, United States Army; Col. T. T. S. Laidley, of the Ordnance Mr. JOHNSTON, of Ind.i.ana. I ask for a division. Bureau; Commander L.A. Beardslee, United States Navy; David Smith, chief engineer, United States Navy; General William SooySmith,civilian,civil engi­ The House divided; and there were-ayes 63, noes 79. neer; A. L. Holley, civilian, civil engineer; R. H. Thn1'Ston, civilian, civil engi­ Mr. JOHNSTON, of Indiana. No quorum has voted. neer. The CHAIRMAN. The point of no quorum being made, the Chair Under this act the board took the place of the Ordnance Office in the colliltruc­ tion of this machine and the teeting of m.at.er-ials. Some additions to the ·ma­ will appoint the gentleman fmm Indiana [1\Ir. JOHNSTON] and the chine were required by the board, which increased its weight and U wa.s agreed gentleman from Tennessee [1\Ir. McMILLIN) to act as tellers. that $6,500 therefor should be added to the original contract price.1 The evidence presented to the committee shows that in the progress of the work of construct­ The House again divided; and the tellers reported-ayes 84, noes 80. ing a machine of the strength and delicacy required unforeseen difficulties arose, So the motion of Mr. McMILLIN was agreed to. t~ overcome which new designs and experiments were required, but the work ALBERT H. EMERY. was unremittingly prosecuted until February 8,1879, when tl:;.e machine was com- pleted and accepted by the board. ,.- The next business on the Private Calendar was the bill (S. 9~~9) for Colonel Laidley, president of the board above alluded to, says in regard to the the relief of .Albert H. Emery. C(}nstruction of the machine, in a letter addressed to the President of the United States, dated February 10, 1879, two days after the machine had been accepted The bill was read, as follows: by the board: Be it enacted, d':e., Th&t the Secretary of the Treasury be, and is hereby, author­ "In the p lans designed by Mr. Emery he adopted new principles, in the work­ ized and directed to pay t-o Albert H. Emery, of Stamford, Conn., in full settle­ ing out of which he met, as is always the case under such circumstances, with ment of all claims, legal or equitable, which he has in any way against the great and unlooked-for difficulty. In overcoming these difficulties 1\Ir. Emery United States on account of the cost of, and the time spent by him, and u se of has spent more money than he has 1·eceived for the entire machine, to say noth­ all patents and inventions in designing and constructing the testing-machine ing of his other expenses, time, labor, &c. He has, throughout~ in the perform­ built and erected by him for the United States, or otherwise, in any way, on ac­ ance of ills part of the contract., shown a greater desire to make the machine per­ C()Unt of said machine, the slim of $200,000, out of any money in the Trea-sury fect in all its details than to complet-e the work and obtain his money. The not otherwise appropriated, which sum is hereby appropriated and made im­ result of this unusual devotion is that the United States has, at this time, a more mediately available therefor. Said machine, together with the full right to the perfect machine than was called for by the terms of the contract." use therein of all patents and inventions used in its design and construction, The evidence before your committ-ee further shows that this machine, as shall belong to the United States. finally completed, after six years of the application of ince.~sa.nt labor, and that rare inventive skill without which such a machine would be impossible, is a 1\Ir. TRIGG. 1\Ir. Chairman, I call for the reading of the r

Honse. -I reserve, however, the remainder of my time, ten minutes of could be built-a machine which could be useful in the work of the Gov­ which I have agreed to yield to the gentleman from 1\'Iassachusett& [M:r. ernment. LoNG]. . Mr. BROWN, of Pennsylvania. But it contracted to have a machine. :Ur. LONG. I will reserve those ten minutes until the gentleman Mr. McKENNA. Well, it got a machine; and it has it t,o:.day; but from Virginia [Mr. TRIGG] has spoken. . if you do not pass this bill, and if any part of the machine covered by Mr. HERMANN. Before the gentleman from California [Mr. Mc­ this man's patent should break, the Government will not have a m.a· KENNA] takes his seat I desire to ask him how much, aecording to chine. his investigations, this inventor has actually expended of his own A MEl\IBER. Why not? . . means upon this invention more than he has received from the Gov­ Mr. McKENNA. Because of the patents on the various parts of the ernment. machine which are necessary to its successful operation. ' . Mr. McKENNA. He has received from the Government under ap­ Mr. WARNER, of Ohio. Can not the Government reconstruct the propriations which have been made about $31,000. He has expended entire machine if it chooses? $129,000. Mr. McKENNA. No, sir; no more than you can do the same thing Mr. HENDERSON, of Iowa. Of his own money? with a sewing-machine. Mr. McKENNA. Of his own money. .Ur. WARNER, of Ohio. · The cases are very different. Mr. FARQUHAR. Besides his time. Mr. McMILLIN. I ask t-he gentleman from California· to state :Air. McKENNA. He has expended both time and money. He has whether it is not the fact that Mr. Emery himself says he has parted with incurred au indebtedness of over $200,000, so that the monthly inter­ these patents to other parties, and can not insure the (lovernment against est upon that indebtedness amounts to $1,000. legal difficulties which may occur? This instrument, so far as his invention was concerned, was a com­ Mr. McKENNA. As to that, I do not know. paratively new one; the principles were difficult in their application; Mr. BROWN, of Pennsylvania. I have heard him say so himself in some of the forgings which were made proved insufficient, and new committee. forgings had to be made. The machine, I believe, contains screws 38 Mr. McMILLIN. In committee he was asked whether he would feet long and 8 inches in diameter, true to the gauge. surrender his patents, and lie said no, he could not do so. Mr. HENDERSON, ofiowa. I want to know whatthis man has .Ur. WARNER, of Ohio. The gentleman from California, as I un­ given to the Government. Has he parted with his patents to the Gov­ derstand, states that thi.<~ inventor put into this machine $129,000, or ernment? thereabouts, of his own means. Mr. McKENNA. No; the transfer of the patent is not involved in Mr. McKENNA. Yes, sir. this. Mr. WARNER, of Ohio. I desire to ask the gentleman what evi­ M;r. BROWN, of Pennsylvania. He has refused to do that. dence he has of that fact; whether he himself or his committee exam- • Mr. McKENNA. This instrument is composed of inventions which ined the vouchers of expenditures incurred in the construction of the can be used independently. He proposes to concede to the Govern­ machine. ment the right which, by the way, it does not possess now, to the use Mr. McKENNA. No, sir; I did not. of all the inventions contained in the machine. Mr. WARNER, of Ohio. The committee in the last Congress did. Mr. HENDERSON, ofiowa. Then, the Government can thoroughly Mr. McKENNA. I reserve the balance of my time. control and use the patents? Mr. LONG. I wish to read, in answer to the question of the gen· Mr. McKENNA. No; it has not such use now. If the smallest part tleman from Ohio, what is stated in the report of the Forty-sixth Con- of this machine upon which there is a patent should break the instru­ ~: - ment would be rendered absolutely of no worth to the Government. It further appears from the documents on file that in order to produce such a Mr. HENDERSON, of Iowa. Then, are we paying this man for one machine as the Government a.nd the board required, many parts, though con­ structed with great care, had to be made over and over again; and without enter­ machine? ing into details as to changes, enlargements, new inventions, and devices that Mr. BROWN, of Pennsylvania. Yes, sir; that is what is asked. were made and used to perfect the machine~ it is sufficient to sa.ythat the proofs Mr. :McKENNA. Yes, sir; one machine; and it is worth the price show the actual cost of the machine to have oeen.upwa.rds of $129,000, for which he has received 831,500, exclusive of interest. These proofs as to cost a.nd other proposed to be paid. details were submitted to Colonel LaidleyJ president of the board, and carefully Mr. HERMANN. I do not understand it to be the fact that the Gov­ examined by him and will be found in aeta.il in Executive Document No. 74, ernment is paying him for only one machine. above cited. Mr. HENDERSON, of Iowa. I want to know what rights the Gov­ Mr. McKENNA. Let me ask now much time I have left? ernment gets-whether we are simply paying for this machine, or for The CHAIRMA.l.~. The gentleman has forty-five minutes remain­ the patents, or for the use of the patents. Will the Government be ing. able to reconstruct this machine or parts of it, or to make other ma­ M1·. TRIGG. It will be noticed, Air. Chairman, by the minority re­ chines as it may need them? I want this matter clearly explained. port, an amendment has been suggested striking out the sum proposed Mr. McKENNA. So far as concerns the use by the Government of by the majority of the committee, and insertinginlieu thereof the sum the patents that go to make this machine, the Government will have of $63,000. It is proper for me to state, in b~half of the ·minority of the use of them;·it will have the right to reconstruct this maehine for its the committee, they deem that sum not only a just compensation to own use; but it will have no right to dispose of the patents to other this complainant! but a. generous one under all circumstances. I do persons. · · not think it is worth while to consume much time on this matter; and Mr. FINDLAY. What use have private parties of this machine? in fact if the House had paid attention to the reading of the report, as Mr. McKENNA. Private parties have the right now to use this it fully sets forth all the facts involved, no further explanation would machine. It is at work every day. Work is waiting to be tested by it. be needed. · Mr. HERMANN. ·was not the right to the use of this machine Mr. LONG. Will the gentleman let me inquire what is the amend- absolutely taken by act of Congress and given to the public upon the ment he has suggested? . payment of a certain small fee? ltfr. TRIGG. The insertion of $63,000 in place of the sum named in Mr. McKENNA. !answer, yes. the bill of the majority. Mr. HERMANN. In other words, has there not been virtually a Briefly, Mr. Chairman, the facts are these: The Government wished confiscation of this man's invention? such a machine as has been constructed by Mr. Emery, and for that pur­ Mr. FARQUHAR. That is what it is. pose made a contract with him for its construction. There is no com­ :Afr. McKENNA. As to "confiscation," I can not speak; but as to plaint whatever about the maehine that it is not perfect. There is no the passage of an act of Congress assuming control of the machine, and division in the committee whatever on that question. The minority giving its use to the public, that is the fact. agreed with the majority of the committee in saying that the Govern­ Mr. CUTCHEON. How long since the invention has been thrown ment has obtained all it contracted for, and the machine is fully up to open to the public? · all the requirements of the contract made with Mr. Emery for its con:. A MEMBER. Since 1878. struction. Mr. McMILLIN. I wish to know whether, when the Government The contract was on the part of the Government with Mr. Emery that contracted for the construction of that machine, it did not get the he should construct such a machine as this at a price of $25,000. right to use it as it pleased? Subsequently, after •he had men at work to build the m·achine, he Mr. McKENNA. No, sir. brought to the notice of Congress, or of the officials in charge of the work, Mr. McMILLIN. Will the gentleman point out any restriction con­ that a different kind of material was needed from that which he thought tained either in the specifications or the contraet under which it was would be required under the computation of $25,000. In consideration built that restrained the Government in this respect? of the fact-that additional and different material was required, he had, Mr. McKENNA. Well, I do not know that I can-­ in addition to the contract price for the construction of this perfect ma:­ Mr. McMILLIN. No such restriction exists. ·chine, allowed to him the sum of $6,500. This $6,500 which was al­ Mr. McKENNA. And I do not know that it is necessary. lowed him was absolutely over and above the price agreed to be paid by Mr. McMILLIN. To talk about "confiscation" is a misapplication the Government. Instead of $25,000, the sum provided in the contract, of terms. Mr. Emery in fact received the sum of$31,500. Mr. McKENNA. All that the Govemment desired to do when it. Now, Mr. Chairman, it would seem, ordin_arily, the matter should advertised for this_machine was to get an idea upon which the machine end there, but here we find Mr. Emery before Congress for several ses· -..

890 CONGRESSIONAL RECORD-HOUSE.

sions, notably at the last session of Congress, when a bill was to be in Mr. BUCK. But the executive documents referred to show the ex· the Senate, which, as this_ minority express it, donated to Mr. Emery penditures, do they not? the sum of 200,000 in addition to the price already paid him under Mr. TRIGG. Yes, sir; just as the committee find; and if you will re­ this contract with the Government for this perfect machine. The mi­ fer to the report you will see that it has already been considered. So nority report asks the majority to state upon what basis this sum of that it appears in addition to the contract price to be paid by the QQv­ $200,000 is made out. ernment for the machine, we have now an enormous bill for moneys ex­ I ask the gentleman from California [1\Ir. McKENNA], who wrote pended amounting to more than the original contract price. In other that majority report, to state now to this House upon what he bases words, we have a sum reaching $38,600, which the committee have rec· his calculation of $~00,000 in this case. Where does that $200,000 ommended that this Congress shall pay; and in addition to that, as they come from, as it is not the price for constructing the machine? The say in their report, on account of the strong appeal made to the commit­ vouchers for that purpose have all been filed. Mr. Emery, it seems, tee on behalf of Mr. Emery, and for his long services, that they would not comes forward with a claim in addition to the $31,500 he has already only be just but generous, and allow him the sum of $25,000 for his serv­ received-that in addition to that sum he has absolutaly expended in ices. These two sums added make $63,H1.62. Some gentlemen have constructing this machine, how much-$200,000? By no means. proposed making it $100,000, and that upon the hypothesis that the Mr. HENDERSON, of Iowa. Will it disturb the gentleman to let Government did not have the right when this machine was contracted me ask him a question? for to allow it to be used by the pnbliot and therefore propo ~ to add Mr. TRIGG. No, sir. $36,858.38, making up the $100,000. They proceed upon the idea that 111r. HENDERSQN, of Iowa. Will the gentleman state whether or the QQvemment, having built the machine at the enormous price which not there were any new contracts or amendments to the contract? would thus be paid for it, should have the right to throw it O{)en to the Mr. TRIGG. None whatever. people, and that this sum would be compensation to Mr. Emery fer that Mr. FARQUHAR. Is not the gentleman from Virginia aware of invention. ·

the fact that this commission, created by the QQvernment, asked for Mr. HENDERSON, of Iowa. What rights, if any, may I ask1 were modifications in the construction of this machine? reserved under Lieutenant Emery's patent? lllr. TRIGG. Yes; I understand there was something of that kind, Mr. TRIGG. None that I know of. I have no information of any. and for that reason I am willing, as the report of the minority st.ates, Mr. BURROWS. May I ask a question? to add an additionnJ. sum t{) what was agreed to be paid by the Gov­ Mr. TRIGG. Yes, sir. ernment, and which the Government bas alteady paid. And in that Mr. BURROWS. I .have in my hand the I'eport of lllr. HOAR, of connection I wish to say the QQvernmont has paid it. Massachusetts, in the Senate, on this bill, in which he says: Gentlemen have aJ.luded to the Government appointing this commis­ Itfurtlier appears f1·om the documents on file that in order to produce such o. sion. Now, who is the Government? machine as the Government and the board required, many parts, though con­ structed with great care, had to be made over and over again; and without en­ I have always understood that the people represented the Govern­ tering into details as to changes, enlargements, new inventions, and devices that ment, and when' the Government buys with the money of the people were made and used to perfect the machine, it is sufficient to sa.ythat the proofs an invention of this or any other character, it buys it for the benefit of show the actual co tofthemachineto have been upwards of 129,000,forwhlch the people. he has received $31,500, exclusive of interest. Mr. BROWN, of Pennsylvania. It was paid for by the people, and Mr. TRIGG. I will say to the gentleman, frankly, that all of that it was for the use of the people that the purchase was made. appeared before the committee, and I have been unable to see, and so Mr. TRIGG. That has always been my understanding. · have the minority of the committee, upon what ground it is based; and In addition to the $31,500 which Lieutenant Emery l1as received, he I call now upon those gentlemen who advocate the payment of this sum comes before Congress and files vouchers before the Committee on of $200,000 again to st.ate on what basis they make the claim, and, if Claims showipg an additional expenditure over and above that sum, as they can, to produce the vouchers and papers which involve that ex­ appears in the report, of $38,161.62. He claims that he was put to ad­ penditure. _ ditional cost in the construction; that that machine, to perfect it in the Mr. BUCK. The proof is to be found in Executive Document No. manner required by the contra-ct, has cost more than be thought it 74, Forty-sixth Congress. All of the pape:r:s are on record. would. In other words, he contracted to build and complete the ma­ ~1r. GALLINGER. llfay I make an inquiry of the gentleman from chine for $31,500, and we have now before the Committee on Claims his Virginia? vouchers filed to show that it has not only cost what he originally esti­ 111r. TRIGG. Yes, sir. mated, but in addition to that the sum of $38,161.62, on which sum, I Mr. GALLINGER. I wish to ask him whether these vouchers were desire to say, interest has been computed, so that the committee have not submitted to Colonel Laidley, colonel of ordnance at the Water­ been liberal in making that calculation. town arsenaJ., and ifhe did not report that this money had been actually llir. HENDERSON, of Iowa. What is this additional amount for expended? Is not that a fact? that the minority recommend? For any modifications or changes in l\1r. TRIGG. I do not know that that is a fact. the work? 111r. GALLINGER. It is the fact. . :Mr. TRIGG. The $38,161.62 appears to be, from the vouchers of Mr. TRIGG. I will say this, that it appeared conclusively to my Lieutenant Emery, the actuaJ. or total cost of the machine over and mind when these papers were overhauled that, in addition to the sum above the $31,500 according to the terms of the original contract. of $31,500 expended for the machine, the absolute cost, calculating the .Mr. FARQUHAR. That is, the changes and modifications have car­ interest on 1111·. Emery's outlay of the additional sums expended by riee been filed, but over and above that amount to pay him at the chine to what the gentleman calls the people, is it not the fact that ita rate of $5,000 per annum for his services since he was first engaged in use was in the hands of corporations, that the corporations were the _ building the machine, some five years. That is what I call generosity. first who had the use of the machine at Watertown, and that private li:Ir. L YM:AN. For how long a time? individuals have been set aside? lllr. TRIGG. For five years. Mr. TRIGG. I am not aware of any such action as that. Mr. BAYNE. I would like to ask the gentleman a question, with Mr. BROW:N, of Pennsylvania. That is outside of the case. his consent. :Mr. FARQUHAR. When the gentleman said the Government had Mr: TRIGG. Certainly. caused this machine to be constru.cted and it was the people's right to Mr. BAYNE. Does the gentleman from Virginia deny that this use it, I think it proper to suggest that private individuals or big corpo­ gentleman expended somewhat like $129,000 to perfect the machine? rations came there and took the use of this machine; that without Mr. TRIGG. I do, sir; I deny the fact. That is, I wish to be un­ building machines of their own they too the benefit of this patent. derstood as saying that the papers in the case as filed before the Com­ Let me say further that in the sundry civil bill of this year there is a mittee on Claims show no further expenditure beyond the $31,500, clause for building a miniature machine of this kind for the United excepting the sum which Ihavealreadymentioned, and which we pro­ StatesGovernment to cost$15,000, so as to open thedoorswiderfor pri· pose to put in this bill by way of amendment. vate individuals and corporations to use this Emery patent. 1887. CONGRESSIONAL RECORD-HOUSE. 891

Jt!r. TRIGG. I fail to seethe bearingofthatupon the question now Everybody knows that a contract was made with him by which, for before the committee. a certain specified ~ he was to prepare this machine and throw it Mr. BRECKINRIDGE, of Arkansas. In order better to understand open for public use. At that time no one could appreciate what it the bearing of it, permit me to ask the gentleman from New York would cost. It cost more than was anticipated; it is of far more value [Mr. FARQUHAR] whether this party sold the use of the machine to than was anticipated; and the simple question before us ty him for his services. To that every· Mr. Mc~IILLIN. I will state that the condition on which the ma- body agrees, and even the minority of this committee agree that he chine is used by private individuals is that they shall pay the actual should receiYe $25,000-$5,000 a year for five years. That makes expense of running it. The Government gets no revenue from it at $154,000. Third, compensate him for the loss which he has incurred all. And here it may be proper for me to state that on a careful ex- from being unable to obtain the public as a customer for the use of his amination of the claim when I was a member of the Claims Committee machine. That was estimated, even by the minority of the committee in the last Congress I was wholly unable to find a single reservation of in the last Congress, at $38,000. That makes $192,000, and I suppose the l'ight or a prohibition of the exercise of the right either in the the other $8,000 were added, making the round sum of 200,000, be· original contract or in the specifications under which the machine was cause it was supposed that when one of the most eminent inventors of built. I think gentlemen will be unable to find anything of the sort, this counb-y had invented and constructed for the use of the Govern­ and that when the Govern~ent bought the machine it had the right ment one of the most remarkable· testing machines ever made, the to do as it pleased with it. wonder 'of the world, admired and commended by all who have in- Mr. TRIGG. I believe I have said about all I want to say-except spected it, acknowledged by all scientific and practical authorities to this: Some gentleman has caHed att-ention to the fact that $129,000 be of inestimable value, it was worth while to pay him something for was the price of constructing the ma~hine instead of the figures I h:l>ve his genius. Therefore the total amount was fixed at $200,000. given to the committee. I think if the executive document is pro- Now, if that is too much, name some other amount, but do not cut duced it will be seen there is included in that $129,000 the sum of per- this man down to the narrow sum which will simply repay to him haps 10,000 a year to be paid to Mr. Emery for his services in con- what he expended. If the $129,000, as suggested in the amendment of structing the machine. It is in that way that that sum is made up. the gentleman from Tennessee [Mr. CALDWELL], is to be regarded as a Mr. BROWN, of Pennsylvania. While he was under contract to compromise snm. upon which we can all agree, I am perfectly willing build the machine. to assent to it, but I do think that we should not approach the ques- :Mr. TRIGG. Yes, sir. tion in the spirit of holding this man to the strict letteT of his contract, Mr. BUCK. I hold in my hand that executive document. The when that contract was made without knowledge of fnture circum· items will show the total amount of t.he cost of this machine was $129,- stances, and when, as is shown by the report, experiment afteT experi· 000. The details are given; and there follows a schedule of the ment and change after change was made by the inventor, and made by amounts paid to the Ames Manufacturing Company and the other com- the authority ofthe board which superintended the work. panies that furnished the material; and it is shown that the Govern- Mr. TILLMAN. Will the gentleman allow me to interrupt him a ment paid (}ut $38,170, j:ncluding interest, for the use of the machine. moment? Is it not a fact that the Government defrayed all the ex· :Mr. TRIGG. I ·reserve the balance of my time. How much time pense of all those changes, and did not the Government furnish the rna- have I remaining? terial that was spoiled in making ·the experiments to perfect the rna,. The CHAIR.UAN. The gentleman has forty minutes of his time re- chine, and did it not permit him to have the use of ita machinery in maining. making his inventions, and after that machinery was perfected did he Mr. CALDWELL. I desire to submit an amendment to the amend~ not take out patents for it which he owns now? ment by moving to strike out "$63,000" and insert "$129,000," the Mr. LONG. And, in addition to all that, after all the Government cost of this machine. If as part of that sum this $10,000 a year is in- had done, your own minorityfound that Mr. Emeryhad spent $38,000 eluded, I for one believe Mr. Emery's services to mankind are worth over and above the 31,000 paid him. it, every dollar ofit. You have onlytocontemJ>late one such disaster Mr. TILLMAN. No, sir. That was intended as compem~ation. as has lately occurred in the West 01: anywhere else where a bridge or Mr. McMILLIN. That is not in the minority report of the commit- other structural material goes under at the cost of human life and snf· tee in the Forty-eighth Congress. fering, to know that the United States Government is· bound to tl1e , Mr. LONG. Well, the fact is not disproved. Neither in that Con· due and just compensation of a genius second to that of no man who gress nor in this has. it been denied. that there is some amount due to has ever inscribed his name on the roll of inventors. Mr. Emery over and above the $31,000 which he has received. The There is no doubt, Mr. Chairman, that this is a remarkable machine. gentleman from Tennessee [Mr. CALDWELL] saysthatsumis$129,000; Everybody testifies that it is absolutely perfect; it is the wonder of another gentleman says that it is $38,000. The statement that there the world. I move the amendment I have indicated. is a sum dne him is made upon the authority of two successive com· J.fr. TRIGG. I hope this does not come out of my time. mittees, and nobody denies it. If it be the fact that·he has paid out Mr. CALDWELL. Certainly not. I was recognized and hr:.ve $38,000 more than he ....has received, let us make that up to him. Let spoken in my own time. us make up what the minority of this committee admit is due to him Mr. TRIGG. I was not aware of that. by way of compensation for the services, $25,000. Let us add to that The CHAIRl'.fAN. The Chair recognized the gentleman from Ten- what is also suggested by the minority as a. reasonable compensation nessee (Mr. CALDWELL] for the purpose of offering an amendment to for losing the public as a customer for the machine, $31,000 more. the amendment. The gentleman from Virginia [Mr. TRIGG] is en· Mr. TRIGG. That is not suggested by the minority report in this titled to the floor for forty minutes longer, and he has yielded ten Congress. minutes to the gentleman from Illinois [Mr. SPRINGER]. Mr. LONG. We are considerably at sea with regard to this matter. Mr. SPRINGER. I will reserve my time, Mr. Chairman, and let the There is no doubt that this gentleman has paid out more than he has gentleman from California [Mr. McKENNA] proceed now if he desires. received; no doubt that something is due him as compensation for his Mr. 1\IcK.ENN A. resumed the floor, and yielded ten minut-es to Mr. services; no doubt something is due him also for losing the right to have LoNG. the public as a customer for his machine. How much shall we give · Mr. LONG. Mr. Chairman, I !'egret that I am not able to give what him? The minority say $63,000. The gentleman from Tennessee [1t1r. I know this House want-that is, a clear, lucid statement of the .fu~ts CALDWELL] says $129,000; the committee suggest $200,000. of this case. That will be presented, however, by a gentleman who is I believe that we have got to compromise, and I am willing to agree immediately to follow me; and in the mean time I thinlt we may take to the amendment suggested by the gentleman from Tennessee [Mr. one or two things for granted. I think we may take for granted that CALDWELL], that the amount be $129,000. there is something of merit in a claim which has three times passed Mr. SOWDEN. I wish to ask the gentleman whether the claimant the Senate after careful consideration, once at $225,000 and twice at did not know at the time of. making the contract with the Government $200,000, and which, in the Forty-sixth Congress, was presented to the for the construction of this machine that it was to be thrown open to House on the report of a committee at $200,000. Everybody knows public use. who knows anything about the matter that this is an invention of im- Mr. LONG. I do not know whether he knew it(}! not. Evidently mense value; that the Government would not part with this machine he did not know himself the value of his invention. That is the very for anything like the sum of $200,000; that if the machine were in the point I want to make. I wish to appeal to the generosity of members hands of ·Mr. Emery to-day and he had never parted with it it would of the House. You, the Government, the people, have enjoyed •the be worth to him far more than $200,000. 3:dvantage of a great machine of the value and perfection of which~ou 892 CONGRESSIONAL RECORD-HOUSE. JANUARY 21, ~ had no conception. It may have been that this man supposed it was I may be permitted also to call attention to two or three utterances to be thrown open to the public. It is thrown open to the public; and of distinguished Senators years ago in discussing this question. Sena· thereby he lost the public as a customer. I am not arguing this ques­ tor HAWLEY said: tion upon the letter of the contract, but am seeking to ascertain how I think the machine has been worth millions upon millions of dollars to this much in fairness and justice we should pay this man. Government. It revises for us, revises for the world, the standard tables of tests Mr. SOWDEN. Does not the gentleman know that, on account of of all the metals. I think this appropriation is exceedingly reasonable; it will be no profit to him. Four years ago this 8200,000 was recommended by the most the immensity of this machine and its costliness of construction, it candid, the best qualified men to whom he could submit it. woula be impossible to sell the patent either to pri>ate individuals or to corporations outside of the Government itself? Senator PLA'IT, of Connecticut, chairman of the Senate Committee Mr. LONG. I do not know that. I think that corporations would on Patents, made several years ago an exhaustive speech on this subject, be glad to pay for the use of an invention of this kind, if they could in which he stated that $200,000 is a pittance compared with the value not otherwise secure it. that this machine has been to the Government. Senator VOORHEES, Mr. HOPKINS. If my friend from Massachusetts contends that speaking upon the same question, remarked: the report of the majority of the committee is correct, and that Mr. I say that from the beginning to the end, from the incipiency of the history of this claim until the present moment, it swells upon the regard of every man Emery should be allowed $200,000, why is he willing, on behalf of that looks into it; it magnifies itself when it is examined; there is nothing like Mr. Emery, to accept $129,000? · it to-day beneath the sun in all the civilized world, and there is no other such Mr. LONG. I accept it as a matter of good practical business-be­ machine in existence. This gentleman has added one more proud triumph to the inventive genius which America has so long and so steadily displayed; and cause it is the most we can get. instead of cavilin2: and carping about this amount, t-o my mind it is not only The CHAIRMAN. The time of the gentleman from ?tiassachusetts fair and reasonable, but it is small in comparison with the great results which has expired. - are to be achieved by this invention. Mr. McKENNA. I now yield twenty minutes to my friend from Mr. Chairman, as the distinguished gentleman from Ohio [Mr. BuT­ New Hampshire [:M:r. GALLINGER]. TERWORTH] suggests to me~ any of the governments of Europe would Mr. GALLINGER. Mr. Chairman, I feel an interest in this claim gladly have paid a half a million of dollars for an invention such as for the reason that I believe this great and rich Government of ours can this. This poor American inventor, who has spent in the service of afford t{) be honest, if not generous, toward the inventors of whose the Government the fruit of his experience and genius, borrowing genius it avails itself. I have endeavored to acquaint myself with all money to perfect this invention, believing that the Government would the facts connected with this matter. I find that committees of the be honest and reimburse him, comes here to-day and asks that Con­ Senate and the House have repeatedly reported in favor of allowing the gress shall be just to him, and pay him a fair remuneration for the amount recommended by the majority report from the Committee on work he has done. I trust that this justice will be granted him, and Claims. that the pittance which this inventor asks will not be withheld; that, Mr. PETTIBONE. That is $200,000? in the langrutge of Senator VooRHEES, neithercarpingnorcaviling will Mr. GALLINGER. Yes, sir. In the Forty-sixth Congress, Mr. mislead this Congress and cause it to do an unfair and an unjust act to a Bowman, of Massachusetts, the author of the famous Bowman act, made man who deserves the gratitude of every citizen of the United States. a report recommending the payment of that amount. In his report he I yield the remainder of my time to the gentleman from Maine [Mr. used this language : REED]. It further appears from the documents on file that in order to produce such a [Cries of "Vote!"] machine as the Government and the board required many parts though con­ I if structed with great care, had to be made over and over again; and without en­ Mr. REED. do not want to use time we can have a vote. tering into details as to changes, enlargements, new inventions and devices Several MEMBERS. Go on, and use the time. that were made and used to perfect the machine, it is sufficient to say that the Mr. REED. Mr. Chairman, I have heard on this floor, every now proofs show the actual cost of the machine to have been upward of $129,000, for which he has received $31,500, exclusive of interest. These proofs as t-o cost and and then, some remarks about the grinding nature and character of cor­ other details were submitted to Colonel Laidley, president of the board, and porations. I am not absolutely sure, even by figure of speech, we can· carefully examined by him, and will be found in detail in Executi>e Document designate the United States as a corporation. But whether it is or not, No. 74, above cited. This cost does not include any allowance for the value of the invention used according to my experience, it surpasses in its grinding charaeter in a in the machine, nor is there embraced in it anything for profits, both of which matter of this kind any corporation I have heard described on this it-ems should be considered in fixing the amount to be paid, for no one could floor. wish the Government to use this machine, even at cost, without compensation to him for his inventions and his time, nor that he should assume the heavy My interest in this case-and I confess I have considerable-&rises expense and risk involved without a. fair profit. from the fact that I have witnessed myself some of the work of the wonderful machine which the United States now has, and which it is This matter was referred to Colonel Laidley, Colonel of Ordnance, at now asked to pay for. · the Watertown arsenal, where this machine was being used, and in a If this were a mere case of contract to build a machine, the nature report upon the subject Colonel Laidley said: and limitations of which contract were well understood on both sides, The amount of 8200,000, if now paid by Congress, would not, in the judgment there would be no reason on earth why the loss should not rest where of the undersigned, be excessive, or more than sufficient to pay the contractor a fair equivalent for his unusual devotion to the interests of the Government, it fell. But here is a contract to build a machine the like of which· the work performed by him, and the losses sustained during the time that he never existed on the face of the earth. That machine has been built has given up his undivided energies to this undertaking. by the inventor without the slightest regard to the terms of the con­ In addition to this, 1\fr. Chairman, I find that General Benet, Chief tract, and without the slightest attempt to get his money on mere of Ordnance of the War Department, has written a letter on this subject; perfunctory performance of the letter of his contract. On the contrary, and I submit if there is any man in the country who is competent to from the very first he has steadily held in mind the duty to produce the form an opinion as to the valne of an invention such as tblll it is Gen­ best machine which could be produced for the purpose for which it eral Benet. I set up his judgment against the judgment of gentlemen was dE>-Bigned. And whoever sees that machine in operation comes on this floor who are to-day opposing this just claim. General Benet away from it with wonder and amazement. He can see it measure says: the strength of a single hair, and at the same time tear apart and The inventor has produced a testing-machine believed to be the most reliable measure every pound of resistance of an immense bridge member, a and perfect in the world, and reflecting the greatest credit on the inventive large bar of steel. genius and mathematical skill of one 6f our citizens. No one can question the The result of the use of that machine is, that it has revolutionized fact that in the laudable desire to do his whole duty to the country, and give it the master-piece of his designing and constructive faculty, he has seriously in­ the knowledge possessed by the world of the strength of materials. volved himself pecuniarily, and has not received any compensation for his very Heretofore we could only take a small piece and jndge by that as to a arduous labors. In the construction of this machine he has expended large sums large piece. Here a great piece, bridge members, can be tested in all over and above the amount paid him under the contract. It is a case that appeals strongly to our sympathies and to ou.r sense of justice their parts, and the result is, as has been repeatedly stated, a revolu­ equitably rendered. In this view I respectfully recommend this matter to fa­ tion in our knowledge on this subject. · vorable consideration. Now, that information we have gained from that machine is worth a. Mr. Eaton, of Connecticut, when a Senator of the United States, hundred times to the people of this country even what is proposed to said, in speaking of this matter: be given by the Senate of the United States. We contracted for a rna~ ln my opinion this appropriation ought to be made. This is the most extraor­ chine of a limited character. We have got a machine which is won­ dinary machine in this or any other land. derfully far-reaching in- its benefits. We have got more than we bar­ There is other testimony in this behalf. Hon. Abram S. Hewitt, gained for, ten times and a hundred times over. Should we hesitate to recently a distinguished Congressman from New York, now mayor of pay not only a fair but a just and generous remuneration? thot city, said on the floor of this House, in speaking of this machine: Mr. HENDERSON, of Iowa. Will my friend allow me to ask him a It is known to most gentlemen here that a testing-machine has been con­ question right there? structed and now belongs to the United States Government. This machine is Mr. REED. Certainly. at the Unit-ed States arsenal in Watertown, Mass. It is, perhaps, the most re­ Mr. HENDERSON, of Iowa. I have every disposition to treat Lieu­ markable exhibition of mechanical ingenuity that has been produced in our time; and the inventor, 1\Ir. Emery, has recently received from the Machinists' tenant Emery honestly. Charitable Institution of Massachusetts the medal which they confer once in a Mr. REED. Mr. Emery. long period upon the invention which is the ,most calculated to advasce the in­ Mr. HENDERSON, oflowa. But for one I want to know how much terests of mankind. In other words, the machine in question has received the highest honor that it is possible to confer in thi.B count.ry at the hands of those I am paying for actual expense incurred, and how much for generosity~ Tho are competent to judge of its merits, Mr. REED. One hundred and twenty-nine thousand dollars-- · 1887. CONGRESSIONAL RECORD-HOUSE. 893·

Mr. HENDERSON, of Iowa. One word more. The gentleman from matter. I do not believe anybody who has seen the machine and wit­ Virginia [Mr. TRIGG] has challenged those who signed the report of nessed its operations would hesitate to say that it is a just and a wise the majority of the committee to state how they made up $200,000. thing to pay a fair and reasonable sum for the materials actually fur­ We have had eloquent and clean cut speeches, but that challenge has nished and for the genius actually employed in itB construction. not yet been met. For one I want that to be done before I am called Mr. HERMANN. Let me ask the gentleman from Maine whether upon to vote on this matter. as a matter of fact the Government has not, in the act approved June Mr. REED. The gentleman is mistaken. That has been done by 20, 1872, virtually appropriated it? In other words, whether it has the gentleman from Connecticut [Mr. BucK], who has produced Ex­ not practically confiscated the machine and made it open to the public ecutive Document No. 74, page 5, wheie items are given which aggre­ upon the payment of a certain fee? gate $129,000. Mr. REED. That is precisely what the United States has done, and, Mr. SOWDEN. Let that be read for the information of the House. having done that, it ought to pay for it. Now, I want to appeal to the Mr. REED. Precisely; that can be read for the information of the House to its sense of fairness. I do not know the man. I never knew House. him until after I had seen his machine; but it impressed me as being Mr. HENDERSON, of Iowa. I did not hear that read. a great work. It impressed me as conferring a tremendous boon upon Mr. McMILLIN. Does the gentleman insist that is in excess of the mankind. It impressed me as being of incalculable value tQ the peo­ amount received by him? ple of this country. Let me say to you that you have not only taken Mr. REED. I do not. $129,000 of this man's propertv, more or less, whatever the figures Now I wish to address myself to one other point. I think that the may show, but you have kept him dancing attendance upon the Con­ gentleman on the other side who started this discussion has permitted gress of the United States until, if he be made up as ordinary men are himself to fall into_confusion in regard to one point. He wan1:8 to know constituted, he ~ust be pretty nearly heart-sick by this time. All of who the Government of the United States i"l, if it is not the people of these questions argued here in opposition seem to me to turn upon the United States. I submit to him that there is a plain distinction simple and trivial techrucalities that do not seem to rise to the dignity between the Government of the United States as a Government and the of the situation in.which Congress actually finds itself. Here is a great people as people. If I sell a machine to the Government of the United benefit conferred; here is wonderful skill displayed which has been States, to be used for the benefit of the Government us such, it is a very utilized for the benefit of the Government and of the people. different thing from selling a machine to the Government of the United A man has s_pent the best years of hjs life upon this invention and States to be distributed among the people, to be used in their private has spent more of the best years of his life in trying to hunt for the business. recompense of reward. He has borrowed money and is tQ-day weighed Now, that is precisely the wrong which has been done to Mr. Emery down and oppressed by the indebtedness which his own faithfulness in this case. He has invented ·a machine of great value, and the Gov­ to his own idea has put upon him. And the question before the Con­ ernment of the United States, instead of leaving him the right to sell gress of the United States is, Shall we treat this in a large, fair, open, to bridge corporations, to great iron manufacturing firms, and to other and generous manner commensurate with the favor which has been people who would use and want the machine, has deliberately thrown bestowed upon us or shall we measure it by some little measure which open this machine to their use, so that by using Government employes will condemn this man to the mere contract price which he has received at no expense, or at merely the expense of the Government employes for an article which he has furnishM infinitely superior to what the and at the actual cost, they can obtain the very resul1:8 which they contract required? would have to purchase one of these machines in order to get, with [Here the hammer fell.] the additional advantage of having men trained in the service of the Mr. TRIGG. I yield five minutes to the gentleman from Pennsyl- United States, to do their private work. vania [Mr. BROWN]. · Mr. HENDERSON, of Iowa. Is not that what the Government Mr. McKENNA. How much time have I remaining? bought it for ? The CHAIRMAN. The gentleman has fifteen minutes of his time. · Mr. REED. No, sir; but for the purpose of doing its own work. Mr. McKENNA. Before the gentleman from Pennsylvania proceeds Mr. HENDERSON, of Iowa. Then would not his patent protect I desire to yield a few moments to the gentleman from Connecticut him? [Mr. BUCK]. Mr. REED. There is no such thing as a patent on a great machine The CHAIRMAN. The Chair has already recognized the gentle­ like that. The only patents would be on particular devices used man from Pennsylvania [Mr. BROWN]. . throughout in the manufadure of the machine; and how can he call Mr. BROWN, of Pennsylvania. The sole difficulty in this case is that upon the Government for damages? It is not suable. It is not sub­ this applicant for this money has desired to eat the cherry and keep it too. ject to such a suit. How can he call for a remedy at all, and where He built a machine for the Government of the United States, and there should he apply except to Congress? never was an hour when the Government of the United States was not The truth is that this was done right in this House, and, if I mistake willing to pay him not only what it agreed to pay him, but all that he not, under the suggestion of a large iron manufacturer, himself in­ expended in excess and a reasonable compensation for his time. The terested in getting all of this valuable knowledge. Government agreed with l!im that he should build a machine for $25,000. And in addition to that it is not merely the advantage gained by In the construction of that machine there is not a particle of evidence these great companies, but it is an advantage which is gained every day that any one in authority ever authorized the expenditure of a dollar in the year for the people of this whole country, for everybody who above that amount. That is what the testimony shows. And yet the crosses a bridge or uses a machine; in a word, for the whole world that machine having been built, and having been a success, every report of iB interested in this great question of the strength of materials, 1Vhich every;committee that has investigated the claim, whether a majority or is at the base of construction of every kind and character. a minority report, has shown a willingness to reimburse this man for Mr. HAMMO~{D. Idesiretoknow, forinformationsimply, whether all he has expended. That is more than a private individual would do, this gentleman still retains his patents, or whether they are held by the and yet the gentleman from Maine [Mr. REED] has belittled the Gov­ United States? ernment of the United States because it would not yield to all the de­ Mr. REED. I do not know; I simply say, whether he retains his mands this man has succeeded in inventing. patents or not, that they are patentsfor particular devices which enter Mr. HENDERSON, of Iowa. Does tbe gentleman from Pennsylva­ into the construction of the machine, or which have to be used in the nia not admit the expenditure of $129,000? construction of this very complicated mechanism. Mr. BROWN, of Pennsylvania. I admit no such thing. I say there Mr. HAMMOND. This bill, as I understand it, undertakes simply -are nearly $50,000 of interest included in that, and an item of $21,000 to sell to the Governlllent this machine and the right to use these pat­ for salary, for services when he was building under a contract. ents; to put the machine up, and to work it. Now, I want to know The Government of the United States contracted for !.he building of whether he can not reap profit under the law from other persons as soon this machine, and when it was built it was entitled to make what use a.s the Government ceases to use the machine? of it it ple.ased. The gentleman from Maine [Mr. REED] assumed that Mr. REED. I do not think he can. the Government of the United States having paid for the machine had Mr. HAMMOND. Why? not the right to hire out its use. I say it had a right to hire it out to :Mr. REED. Because he is deprived of his customers. every man in the Republic. Mr. HAMMOND. How.? The applicant in this case, when he was asked the question whether Mr. REED. Because the Government throws open the machine for he would assign tothe United States the patents that hesecured while their use. he was constructing this machine and during the time he claims pay, Mr. HAMMOND. But suppo3e the Go>ernment should cease to use said to the committee that under no circumstances would he assign the machine ? them now if he had them in his possession; and then it leaked out Mr. REED. That is a supposition the value of which the gentleman that he had already assigned them and they were in the hands of a from Georgia understands. That machine will last the lifetime of this company of which be was a member; and he is to-day receiving, as I inventor. am informed, the benefits growing out of the patents which he re­ 1\lr. HAMJ\!OND. The "gentleman from Georgia" does not know fused to assign to the Government, but for which it is assumed we anything about how long it will last, for the reason that he knows noth- should pay him. · ing of machi:ilery at all. · . Mr. TILLMAN. IfthegentlemanfroinPennsylvania [Mr. BROWN] Mr. REED. I believe there is just where the difficulty is in this will permit me, I will suggest another fact in that connection. I asked -894 CONGRESSIONAL RECORD-HOUSE. JANUARY 21,

Emery whether, if the Government would pay him $200,000, he would the committee were always in favor of giving this man something-all ~ign his patents so that the Government could manufacture other he could prove to be his due, and more. But his claim was so much in machines to use at other foundries and an;enals of the Government, excess of what he was entitled to, and that excess was so entirely with­ and he said no he would not and could not. out any sort of right or equity, that his demands could not be acceded Mr. BROWN, of Pennsylvania. I remember that very well. The to. The amount beyond what we were, in the Forty-eighth Congress, minority of the committee in the Forty-eighth Congress were willing willing to give was, I repeat, based upon the false assumption "that the to reimburse the man for all he had expended and pay him a reason­ Government was using the gentleman's patents, when in fact he has as­ able compensation for his time. He has no rights here whatever be­ signed them to a company of which he is a member. False pretenses. yond that. All in excess that Congress gives him is a gratuity. He may be a harsh term, but I mean no more by it than to say that the will have by the minority report all the QQvernment agreed to pay him facts in the case are not what was assumed. The claim was several and more too. If you want to pension this man for doing a great serv­ weeks before the Committee on Claims in the Forty-eighth Congress ice to the country bring in your pension bill. The difficulty has been before it was known that he was seeking pay for inventions which he this question has always been before Congress under false pretenses-a was keeping for his own use and benefit. pretense that the Government had this man's patents. 1t1r. WARNER, of Missouri. I will ask the gentleman to tell us also Mr. BAYNE. Will my colleague permit me to ask him a ques­ by what process of figuring he arrived at the sum of $67,000, which he tion? was willing to allow in the last Congress. Mr. BROWN, of Pennsylvania. Yes, sir. Mr. BROWN, of Pennsylvania. Sixty-three thousand dollars was Mr. BAYNE. I ask if the patents under which this machine is man­ the maximum amount that I could obtain evidence of his having ex­ ufactured belong to a company whether the right to supply the various pendedinaddition toareasonable compensation. The sixty-seven thou­ devices for such machines would not also belong to that co~pany? sand which I assented to was a compromise, and a snm which, in my Mr. BROWN, of Pennsylvania. Yes; and of that company he is a opinion, gave the mau the benefit of every doubt. There was no es­ member. pecial process of figuring. It was a lumping sum, and near four thou­ Mr. BAYNE. Does not this bill provide as follows: sand more than he could prove to be his due.· Said machine. together with the full right to the use therein of all patents and [Here the hammer fell] inventions used in its design and construction, shall belong to the United Mr. TRIGG. Iyieldfiveminutesmore to the gentleman from Penn­ States? sylvania, [Mr. BRoWN]. [Cries of "Vote!" "Vote!"] Mr. BROWN, of Pennsylv.c.nia. But that is the specific machine The CHAIRMAN. The gentleman from Pennsylvania [Mr. itself which he manufactured under contract. That provision does BROWN] is recognized for five minutes. not extend beyond that machine, which he made while he was in the Mr. BROWN, of Pennsylvania. • I have nothing more to say, 1lfr. employ of the Government of the United States-. Chairman. I reserve my time. [Here the hammer fell.] Mr. SPRINGER. I ask the gentleman from California [Mr. Mc­ Mr. TRIGG. I yield the gentleman from Pennsylvania five minutes KENNA] to yield for a motion that the committee rise. It is evident more. that we can not finish the consideration of this bill to-day. [Cries of Mr. HERMANN. Will the gentleman from Pennsylvania permit " Vote ! " " Vote ! "] me to ask a question? The CHAIRMAN. Does the gentleman yield for that motion? Mr. BROWN, of Pennsylvania. Yes, sir; with pleasure. Mr. McKENNA.. I have not risen tl) detain the House. I appre· Mr. HERJ\IANN. I wish to ask him whether or not under this sec­ ciate its impatience and am very desirious to reach q. vote. I ask the tion ofthe.act of Congress approved June 20, 1878- gentleman from Virginia [Mr. TRIGG] whether he will not agree to That the Secretary of War is hereby authorized to cause the machine built submit the matter now to a vote upon a motion which I will make to for testing iron and steel to be set up and applied to the testing of iron and lay tbe bill aside to be reported favorably to the House? steel for all persons who mo.y desire to use it, upon the payment of a. suitable Mr. TRIGG. No, sir; I will not. This side desires to be heard fee for each test- further. Whether or not under that language his rights to a patent for the Mr. McKENNA and Mr. LONG. How much time do you want? product of his inventive genius so far as this machine is concerned are Mr. TRIGG. We want all we can get. . not absolutely worthless? Mr. McKENNA. I did not understand that the gentleman bad ap- Mr. BROWN, of Pennsylvania. There is the milk in the cocoanut. . proached the bill with any such spirit as that. I therefore move that That is what is the matter with this man Emery. The Government this bill be laid aside to be reported favorably to the Honse. of the United States proposes to utilize the machine it bas paid for, and The CHAIRMAN. Tbe Chair will state to the gentleman that there that infringes upon the patents which he obtained while he was in the are two amendments pending. employ of the Government, and for which time he now seeks pay. I\fr. BURROWS. Let us vote on those amendments. Mr. GALLINGER. A moment ago you said that those patents The CHAIRMAN. The pending question is on the amendment were still in his possession and available for his benefit. [Laughter.] offered by the gentleman from Tennessee to the amendment of the 1t1r. BROWN, of Pennsylvania. I say they are still in his posses­ gentleman from Virginia. sion or his assignees. 1\fr. McMILLIN. I suppose the gentleman from California [Mr. Mr. GAI,LINGER. Then you must take bn.ck what you said awhile 1tfcKENNA] will not attempt to force this debate to a close when al­ ago. . most all the time on his side has been occupied, while the time belong­ Mr. BROWN, of Pennsylvania. No, sir; I take-nothing back. I ing to this side has not been. say that he has patents which have been assigned to a company of which Mi-. TRIGG. IhopethegentlemanfromCalifornia [Mr. McKENNA] he is a member, and he has a right to all the fruits of them except so will withdraw the motion he has made. far as they come in competition with this machine of the Government, Mr. McKENNA. I have no desire to be unfair or to. prevent any for which the Government paid all it agreed to. proper discussion. I do not, however, want the whole time consumed Ur. GALLINGER. Has not the Government legislated him out of and discussion employed for that purpose. his rights by its enactment in regard to that machine? 1r1r. TRIGG. I can assure the gentleman that all we want on this l\1r. BROWN, of Pennsylvania. It has legislated on nothing new. side is to be fairly heard. It bad, before the legislation, all the rights it got by the legislation by Mr. :McKENNA. I resen·e my time. the terms of the contract under which it was bull~. [Several MEM­ The CHAIRMAN. Forty-five_minutes of the hour of the gentleman BERS. No, no.] It built the machine and paid for it, and had a right from California have been occupied, and thirty-five minutes of the hour to use it. These patents were issued subsequent to his contract with of the gentleman from Virginia. The ten minutes allotted by the gen­ the Government and must, both in law and equity, remain forever sub­ tleman from Virginia to the gentleman from lllinois bave not been con­ ject to whatever rights the Government a

+ 1887. CONGRESSIONAL RECORD-HOUSE. 895

The CHAIRMAN. That could only be in order after a vote had thing. .And the question is whether this House is ready to do it; that been taken on the amendments designed to perfect the bill. is, to pay him so much niore than he agreed to receive. If the exag­ Mr. HOLlliAN. The substitute can be offered now, though the vote gerated imaginations oflgentlemen which prevail here, and if this mag­ upon it must be deferred. nificent generosity on other people's money prevail here and $200,000 The CHAIRMAN. The Chair will hear read the substitute which is given to him, you will then give him more than four times, ay, more which the gentleman from Indiana [Mr. HOLMAN] offers. than five times more of profit than the machine was to cost. Now, is The Clerk read as follows: the House ready for it? I am ready to do what is fair. I would not Amend the bill by striking out all after the enacting clause a.nd inserting in accept the service of the humble slave without compensation. I would lieu thereof: not take any man's material without compensation. But, sir, at the That there be referred to the Court of Claims, to be considered under the pro­ visions of an act approved March 3, 1883, entitled ".An act to afford assistance same time when a man agrees to make a machine at a certain price I and relief to Congress and the Executive Departments in the investigation of see no obligation the Government is under to give him four or five claims and demands against the Government," the claim of Albert H. Emery, times that price or profit. of Stamford, Conn., against the United States on account of the cost of and the time spent by him hand for the use of all patents and inventions in designing Mr. PETTIBONE. Will the gentleman permit me to ask him a and constructing t e testing machine built for him by the United States, as ~es~n? · alleged by him; and that report be made thereon to Congress, as required in Mr. Mcl\ITLLIN. Certainly. said act. Mr. PETTIBONE. Did this man propose to furnish to the Govern­ The CHAIRMAN. The Chair will state to the gentleman from In­ ment as perfect and as good a lll3.Chine as the Government now has for diana. that the amendment sent up, which is in the nature of a substi­ $25,000? tute for the bill, is not in order until the vote has been taken on the M:r: M-cllULLIN. Yes; hedid. Heundertook tofnmishto the Gov­ two pending amendments ':iesigned to perfect the bill. ernment a perfect machine. Mr. HOLMAN. Of COtmle I understand that the vote must first Gentlemen talk about the loss which he sustained. It is said the be taken on the two pending propositions, but I wishto say a word on material for which he paid was thrown away. Why? Because in his this substitute. own mind it did not exist at the time--the perfect machine we now It must be very manifest to those who have listened to this debate have-and it was in a great degree a work of experiment. that the principal trouble here is to ascertain the facts. I submit that Mr. McKENNA. . Are yon not willing to allow him something? with the facts ascertained there wiU be no trouble in doing this gen­ . Mr. Mcl\IILLIN. When he came before the committee I agreed, if tleman justice; and without the facts we are blindfold, and must act I could get at the amount, unhesitatingly to pay for what he lost in the in the dark. way of materials. Mr. TRIGG. I understood that the time to which I was entitled Mr. McKENNA. Can not yon estimate it now? had not expired. I desire to be heard further on this bill. l\1r. McMILLIN. Mr. Chairman, I am very candid in saying, in The CHAIRMAN. If the gentleman insists upon it he is entitled response to that inquiry, that I have more difficulty in that proposi­ to the floor for fifteen minutes. tion than in any that has come before this Congress. I do not see Mr. TRIGG. I do insist on it, unless it is understood that the propo­ how the facts can be reconciled, for after an examination in. the com­ sition of the gentleman from ?ti.a.ine that we accept the minority report mittee, after examining the vouchers of Mr. Emery and hearing his shall be agreed to. If that is understood I am perfectly willing to statement, I do not know what is due him, and I see no way on yield the floor to allow that arrangement to be carried out. which an agreement can be reached. One gentleman suggests that The CHAIRMAN. The gentleman from Tennessee has not with­ he be paid$200,000, another $100,000; some think $129,000 should be­ drawn his amendment, and the vote must first be taken on that amend­ paid, and yet another suggests sixty-odd ·thousand dollars. I see no ment. way, therefore, of reconciling the differences of opinion which exist in Mr. TRIGG. I yield ten minutes to the gentleman from Tenne..ssee regard to the amount due him except by the reference as suggested [Mr. McMILLIN]. by the gentleman from Indiana. The CHAIRMAN. The Chairwill state to the gentleman from Vir­ Mr. HERMANN. Will the gentleman permit a question? ginia that if the Committee of the Whole should vote down the amend­ Mr. McMILLIN. Yes, sir. ment of the gentleman from Tennessee, the next vote in order will be Mr. HERMANN. The gentleman remarks that the claimant agreed upon the amendment offered by the gentleman from Virginia. [Cries to construct the machine in every sense perfect for $9-5,000. Now, I will of " Vote I" " Vote !"] ask the gentleman whether subsequently, under a special act of Con­ Mr. McMILLIN. Mr. Chairman, this matter was presented in the gress, and by authority and consent of a board of engineers appointed Forty-eighth Congress, and I have made strenuous efforts to arrive at by the President of the United States, this machine was not so modi­ the facts of the case. During the investigation which went on in the fied as to require great and expensive additions? committee it was demonstrated that while Mr. Emery was engaged in l\Ir. llfcMILLIN. It was ascertained that some of the material building a machine which is now the subject of controversy he per­ should be of a heavier mold than that which the contractor o1·iginally fected other patents which went into the construction of this machine, proposed, and thereupon an additional expenditure of $6,500 was made as well as other inventions which were never used in the construction at l\Ir. Emery's instance, which was paid. of the machine, but upon which he obtained patents. . Mr. GALLINGER. Yon admit that in your judgment something He came before that Congress when his case W!lS pTesented, as he had is due, but that the trouble is, how much. I want to inquire if Gen­ come before prior Congresses, asking to be paid $225,000 out of the eral Benet's judgment is not worthjust as much as·your judgment or Treasury. I believe the Senate passed a bill granting him that amount. mine~ · The Senate then passed hi~ claim for $200,000. That came to this Mr. l\IcUILLIN. I have examined General BenH's statement, and House, and an effort was made to pass it, but it was defeated. It was I think so much of it that I would not regard it as having any weight discussed in the House, and it was defeatt:d. in the matter, with all due deference t.o him, and I do not wish to be But here we are furnished with the claim again, and the question is, understood in any manner as questioning his integrity in making that what shall we do with it? Now there has been a great deal of talk sta.tement, but. simply that I would not take his .statement in prefer­ about what we should pay. I undertake to say, in response to the ex­ ence to the facts. ecutive document which has been so industriously quoted in this de­ 1\ir. GALLINGER. That is unfortunate for General Benet. He bate, and the remarks of gentlemen which have been based upon H, does not evidently understand his business, according to the gentle­ and upon which an attempt has been made to found a contract, that man's opinion. You ought to get him dismissed. there is not a man in the world who can figure out $129,000, or even But another matter: Is it not true that this man borrowed money, $100,000 of money expended by Mr. Emery in the construction of that believing that the Government would repay him, and that he paid machine, so far as the facts stated in that report are concerned. interest upon it, and yet yon refuse to reimburse him? Mr. GALLINGER. Less $31,500. Mr. McMILLIN. If you adopt the minority report you not only Mr. McMILLIN. Every dollar has been included and spent in the pay him with interest, bufyon pay more than 6 percent., more than way of salary of employes and everything else, going to make up an 8 per cent. enormous expense. l1; includes even the price of pencils used in mak­ Mr. GALLINGER. Then the gentleman's mathematics are different ing "the drawings for these patents. from mine, for we do not agree on that point. Now, ~Ir. Chairman, when Mr. Emery came before us to present his Mr. McMILLIN. Our mathematics may be different, but! think claim for a report by the committee every effort was made to find out the gentleman will admit on examination that my calculation is correct. how much was due him. We were not able to figure up anything like Mr. 'GALLINGER. And further let me say to the gentleman that the amount suggested by the gentleman from Connecticut [Mr. BucK] he does not agree with the mathematics of this Executive Document, and the other gentlemen who have talked on this subject. which has been examined by Colonel Laidley, and approved by him. When the minority report here has been adopted yon have done Mr. Mcl\llLLIN. We asked Mr. Emery when he came befqre the what? Yon will have paid him in salary the full amount he under­ committee if he was ready to turn over the patents. He said he was took to fnrnish the machine to the Government originally. I can not not; and I wish to do him the justice t.o statethathesaidhe had organ· reiterate that too much. If you give him $25,000 yon will pay him as ized a company, ofwhich he was a member, and that the patents were much as he agreed to take for the whole machine. · in the hands of that company. So that those gentlemen who under­ Mr. TILLMAN. Work and all. take to burden th~ Government with the payment of $200,000 on ac­ Mr. McMILLIN. Yes; work and all-material, time, and every- count of this claim, by saying that if any part of the machinery is

• 896 CONGRESSIONAL RECORD-HOUSE. JANUARY . 21,

broken it can not _be sti.pplied, will be confronted by the same difficulty The Clerk read as follows: when the bill for $200,000 passes, if it does pass. In line 13, after the word "therefor," add the following: [Here the hammer fell ..1 "Which shall be in full of all claims against the Government on the part of :Mr. TRIGG. I now take the floor, and yield to the gentleman from said Emery for this invention." Illinois [1\lr. SPRINGER] for ten minutes. . The amen_dment was agreed to. . Mr. CALDWEJ... L. I hope the gentleman will yield to me for a The CHAIRMAN. The question is on the motion of the gentleman moment, to withdraw my amendment. · from California, that the bill as amended be laid nside to be reported Mr. SPRINGER. The gentleman from Tennessee desires to ~with­ to the House with the recommendation that it do pass. draw his amendment, and I yield to him for a moment. The motion was agreed to. , 1\lr. CALDWELL. I am satisfied that if I insist upon my amend­ Mr. SPRINGER. I move that the committee do now rise andre­ ment there will be no action taken, and mther than have this case to port to the House the bills on which action has been taken. fail now-and I wish to say that 1-have no interest in it whatever; I The mot.ion was agreed to. .do not know this man from the veriest stranger on the face of the The committee accordingly rose; and the Speaker having resumed . earth-! withdraw my amendment. the chair, 1r.lr. HATCH reported that the Committee of the Whole The CHAIRMAN. The question is on agreeing to the amendment House, having had under consideration Senate bills under the special of the gentleman from Virginia. [Cries of "Vote 1" ''Vote 1"] order of the House, had instructed him to report various bills with · 1rlr. SPRINGER. 1.-Ir. Chairman, the best course for the House to sundry recommendations. take is, in my judgment, to adopt the substitute 1·ecommended by the Mr. SPRINGER. There is a bill which comes over from last week. gentleman from Indiana. When this matter was before the committee, J .ABEZ BURCHARD. and when it was being considered afterward in the preparation of the minority report, I thought I had become familiar with all the facts. The SPEAKER The Clerk will report the title of a bill which There were certain facts undisputed. But I now :find that there is not comes o"Ver reported from the Committee of the Whole House last Fri-· a fact from one end to the other that is not disputed, and we have lost day. nearly one day of the valuable time of the people in trying to obtain The Clerk read as follows: some understanding of the particular case before us-valuable time A bill (S. 570) for the relief of Jabez Burchard. trying to find out the facts-and we are as much in the dark at this Mr. SPRINGER. .A.t the time the House took a recess last Friday moment as when we began the discussion. So much confusion has pre­ this bill was being considered on the question of ordering it to be read vailed with regard to these facts that the friends of the bill, who started a third time. out to-day claiming $200,000 as a proper and just remuneration to the The SPEAKER. The Chair thinks there was a motion to postpone claimant, are willing to take $63,000, which was the amount recom­ it indefinitely. mended by the minority of the committee. Mr. SPRINGER. The committee reported the bill adversely. Ide­ Mr. DUNHA~I. Do we not lose another day if we do not end this sire to ask whether the motion to postpone indefinitely is debatable. matter now? The SPEAKER. The Chair does not know, the present occupant not Mr. SPRINGER. I think we can end it now. being in the chair at that time, what has been done in regard to this. Mr. DUNHAI\1. Then let us do it. bill. The motion to postpone indefinitely is debatable unless the pre­ Mr. SPRINGER. I am therefore of the opinion that a case involving vious question was ordered on it. so many controverted facts as this case does ought to go to the Court of Mr. SPRINGER. The previous question was not ordered. The Claims, so that the facts may be judicially ascertained. I agreed with House was dividing on the question of postponing indefinitely. the minority to report $63,000 for the claimant, but I am not satisfied I desire to explain this bill for one moment. I am satisfied that the now that the vouchers presented to the committee on which we acted Committee of the Whole House on last Friday misapprehended its at that time were proved. There was no chance to examine any wit­ provisions when they recommended that it be reported to the Honse nesses on the other side. We had but one siue of -the case before us, with a recommendation that it be indefinitely postponed. This bill is and upon that side all these reports have been made. for the relief of Jabez Burchard, who was an engineer in the. Navy. It is possible that this gentleman has ma.de one of the greatest in­ A MEMBER. Not the New York Burchard? ventions of modem times. It is possible he is entitled to more than Mr. SPRINGER. He does not belong to the Burchard familyof $63,000. It is possible he has rendered a great service to the Govern­ New York, but is a Philadelphia gentleman. This gentleman con­ ment. But those facts are disputed all along the line; and we do not tra-cted disease of the eyes while in the naval service, and on there· know at what point to fix the amount of money to be allowed as his port of a retiring board was retired on half-pay or furlough-pay. Tbe compensation. Let the amendment offered by the gentleman from In­ board state in their report that there was no evidence before them at diana. [Mr. HOLMAN] be passed. Let the claimant go to the Court of the time that the disease of his eyes was contracted in the service. He' Claims and establish all these facts judicially, and next winter, when appealed from that decision, and the case was afterward inquired into we come back here, we will know what to do in order to do justice to by the Secretary of the Navy, who was at that time Mr. Thompson, of the claimant in this case. Indiana. · I call for a vote. Mr. STEELE. Mr. Speaker, I understand that the previous question The CHAIRMAN. The question is on the amendment of the gentle­ has not been ordered on this bill man from Virginia [Mr. TRIGG]. The SPEAKER. The Chair understands it has not. The amendment was read, as follows: Mr. W ARNEU, of Ohio. The yeas and nays were ordered. Strikeout "$200,000" and insert "$.53 , 161.6~. ' The SPEAKER. The Chair is advised that the Honse was dividing The amendment was adopted. and that no quorum had voted. The CHAIRMAN. The question is next on the amendment offered 1\Ir. SPRINGER (resuming). Mr. Thompson, atthattime Secretary by the gentleman from Indiana [Ur. HoL~A:s-]. of the Navy, was of the opinion that the disease for which this man was · The amendment was read, as follows: retired was contracted in the line of duty, and recommended that he Amend the bill by striking out all after the enacting clause aud inserting in lieu be placed upon the retired-list with 75 per cent. of sea-pay; which was thereof the following: done. •• That there be referred to the Court of Claims to be considered under the pro­ Mr. STEELE. Mr. Speaker, would it be in order for the Honse to ·vision.~ of an act approved March 3, 1883, entitled 'An act to afford assistance and relief to Congress and the Executive Departments in the investigation of resume the position it was in at the adjournment when this bill was claims and demands against the Government,' the claim of Albert H. Emery, last under consideration? of Stamford, Conn.,-aga.inst the United States, on account of the cost of, and the time spent by him, and for the use of all patents and inventions in designing and The SPEAKER. The Chair thinks so. The Chair is advised that constructing the testing machine built and erected by him for the United States, the question had been put to the House; and a vote was being taken. as alleged by him. And that report be made thereon to Congress, as required in Mr. SPRINGER. No decision had been reached. The previous said act." question had not been ordered. The question being taken, the Chairman stated that the " noes" Mr. STEELE. Mr. Speaker, I call for the 1·egular order. seemed to have it. The SPEAKER. TheChairis advised t.hatthepointof ''no quorum'' Mr. SPRINGER. I call for a division. having been made, the roll was ca11ed, and thereafter a motion was · The committee again divided; and there were-ayes 40, noes 121. made to adjourn, and the House adjourned. · 1\Ir. SPRINGER. I call for tellers. Mr. SPRINGER. I am not speaking against time, but because I The CHAIRMAN. Does the gentleman from Illinois make the point think the House did :Qljustic·e to this man, and ought now to do him that a quorum has not voted? justice. ·Mr. SPRINGER. Yes, sir. ...._ Mr. STEELE. I call for the regular order, Mr. Speaker. The CHA.IRMAN. The Chair will appoint as tellers the gentleman The SPEAKER. The Chair will have the Journal examined and from California [Mr. McKE:s-NA] and the gentleman from Illinois [Mr. ascertain what the condition of the bill is. SPRINGER]. Mr. SPRINGER. 1\Ir. Speaker, I think I can explain in two min­ · 1\Ir. SPRINGER. I withdraw the point as to a quorum. utes the point that is in the bill. So (further count not being called for) the amendment was not agreed The SPEAKER. But the ~entleman from Indiana makes the _point to. of o1·der that debate is not in order. Mr. RANDALL. I offer the amendment which I Eend to the desk. 1\lr. SPRINGER. And I make the point of order that that objection 1887~ CONGRESSIONAL RECORD-HODS~. 897 comes too late. was on the floor ne:uly five minutes when the point Nelson Price, a private in first United States Heavy Artillery, testifies that I while stationed at Knoxville, Tenn.J .claimant came to his regiment; in the was made. pring of 1864, when be bad a cough, ayspepsia, and rheumatism, and was look· Mr. STEELE. The gentleman was proceeding ~y unanimous con­ ing very badly. · sent. William Moore, first lieutenant of claimant's company, testifies that while at Camp Nelson, Tennessee, in .July, 1863, claimant was taken sick with pneumo­ .Mr. REED. Oh, no, he was not. [Laughter.] nia fever; wa...~ taken to a private house and there treated by Surgeon Hunt. Mr. SPRINGER. My friend from Maine [Mr. REED] never would Next saw clairna.qt when he resigned, in November, 1863, when he was suffer­ consent to my proceeding to enlighten the House. This is a good bill ing from a bad cough, rheumatism, and dyspepsia, and was unable for further duty. . and I want to explain it. F. Bible, captain of claimant's company, testifies that he does not remember T.he SPEAKER. The Chair finds upon examination of the RECORD, that claimant ever was sick or that be ever was treated by the surgeon for the that tellers had been appointed, had taken their places, and were count­ alleged or any other disabilities while il'\ the service. .J. F. Hall and .J. H. Hayes testify that they lived near neighbors to claimant for ing the votes; that it waa ascertained that a quorum was not present; the first ten years after his discharge, and know that during said time be suf- that thereupon the roll was called, aud that afterward the House ad­ fered from rheumatism, dyspepsia, and had a very bad cough. . journed. The Chair thinks that under these circumstances debate Dr. William G. Logan testifies that he treated claimant at Bryantsvtlle, Ky., in 1863, for pneumonia. is not in order; and the fact that the gentleman from Illinois [Mr. Nelson Brice testifies that claimant was suffering from rheumatism, dyspep­ SPRINGER] had proceeded in his remarks a few moments before the point sia, and a cough when he came home from the Army, and has continued to suf­ was made was owing, perhaps, a misapprehension as the condi­ fer from the same ever since. to to David Rhea testifies that he saw claimant in the fall of 1863, and knew he was tion of the bill. sick. Dr. Brown said be was suffering from rheumatism and dyspepsia, for LEAVE OF ABSENCE. which be then rendered treatment. Dr. E. B. Hale testifies that be treated claimant from 1865 to 1873 for rheuma­ Mr. DuNN, by unanimous consent, was granted leave of absence· on tism, indigestion, and some chest trouble. account of sickness. Your committee are of the opinion that the preponderance of evidence is in favor of claimant, and recommend that the bill do pass. . . . MESSAGE FROM THE SENATE. The bill was laid aside to be reported to ·the House with the recom· A message from the Senate by Mr• .McCooK its Secretary, announced mendation that it do pass. the passage of joint resolution (S. R. 94) ordering the print~rig of the annual report of the National Academy of Sciences, with the accom­ .JAMES G. MATHES, panying memoirs, in which concurrence was requested. Mr. STONE, of Missouri. I caU up bill (S. 22'20) granting a pension lt further announced disagreement in amendments of the House to to James G. Mathes. bill (S. 542) for the relief of William Ervin, and asked for a conference The bill was read, as follows: on the disagreeing votes of the two Houses, and stated it had appointed Be it enacted, &:c., That the Secretary dt the Intet·ior be, and he is hereby, au­ Mr. SPOONER, Mr. DoLPH, and Mr. JoNES, of Arkansas, as conterees on thorized and directed to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of .James G. Mathes, late a corporal its part. of Company L, Eighth Regiment 1\Iissouri Volunteer Cavalry. ORDER OF DUSINESS. The report (by Mr. MORRILL) was read, as follows: Mr. 1\IA.TSON. Mr. Speaker, I move that the House now take are­ The report of the Senate Committee on Pensions, which gives a ' clear state- cess until half past 7 o'clock. ment of this case, is herewith adopted: . ~ The motion was agreed to. "The claimant was a private in Company L, Eighth 1\lis!'louri Cavalry. He enlisted August 16,1862,and was discharged .June 14,1865. The military record The House accordingly (at 4 o'clock and 55 mi~utes p. m.) took a shows that be was treated in hospital for chronic diarrhea and debility, and that recess until 7.30 p. m. he was sick at the time of his discharge. · "The testimony furnished by physicians who have attended him shows that he bas chronic diarrhea and that he has rheumatism of the spinal muscles and EVENING SESSION. limbs; t.bat he is generally broken down. · "Dr. Berry, of Carthage, Mo. says his health is bad; that he has muscular The recess having expired, the House reassembled at 7. 30 p. m., the rheumatism; that he is generally broken down, and never wilr be able to per­ Spt>aker in the chair. form full manual labor; that he is temperate and honorable in every respect. Ylr. MATSON. Mr. Speaker, I move that the House now resolve "Dr. Dalton, of Neosho, Mo., says: . . " • When I last saw him he seemed to be suffering from kidney disease and itBclf into Committee of the Whole for the consideration of bills under from abdominal pains. He bas always appeared to me to be a run-down man­ the special order. physica.lly disabled.' The motion was agreed to. " Dr. Wills, of Neosho, Mo., says he has not been very stout and healthy since the war, and that he supposes his disability is at least one-fourth below that of The House accordingly resolved itself into Committee of the Whole a sound man. All the physicians speak positively as to his good habits and (Mr. HATCH in the chair). standing. The CHAIRMAN. The House is in Committee of the Whole for "The claimant asks for a pension for chronic diarrhea and disease of kidneys, both of which, with rheumatism, are identified by the testimony of the doctors tbe consideration of bills on the Private Calendar under the special referred to above. An examination by the medical board in 1883 pronounces order of the House. him entirely free from disease. Au examination by this board in 1885 rates him ~1r. MATSON. I ask un~nimous consent that members present be one-half disabled. · "The doctors who have attended him and the medical board of examiners allowed to call up, each, a. bill, alternating from one side of the House disagree to some extent, which is not an uncommon occurrence, but the aggre­ to t be other, and that in each case the report be read. gate of testimony shows that for a long time heretofore he has been badly broken Mr. TAULBEE. That will not preclude debate? down, and that he is still to a pensionable extent disabled. Mr. MATSON. Oh, no. "The bill is reported favorably, with a recommendation that it do pass." There was no objection, and it was so ordered. The bill was laid aside to be reported to the House with the recom­ WILLIAM S. BEWLEY. mendation that it do pass• . ADELISA PERRY. :Mr. PETTIBONE. Mr. Speaker, I call up the bill (H. R. 4745) granting a pension to WilliamS. Bewley. Mr. RICE. I call up the bill (H. R. 4535) granting a pension to The bill was read, as follows: Adelisa Perry. Be it enacted. &:c., That the Secretary of the Interior be, and he is hereby, au­ The bill was read, as follows: . thorized and directed to place on the pension-roll, subject to the provisions and Be it enacted. &:c., That the Secretary of the Interior be, and be is hereby, au­ limitations of the pension laws, the name of William S. Bewley, late of Com­ thorized and directed to place on the pension-roll thenameof Adelisa Perry, of pany C, Eighth Regiment Tennessee Infantry Volunteers. Worcester, Mass., who served as a nurse during the war of the l'ebellion,andis now incapacitated from earning a livelihood by sickness induced by said serv­ The report (by Mr. TAULBEE) was read, as follows: ice. Claimant enlisted December 14, 1862, and was discharged November 12, 1863. He alleges, in declaration filed .June 28, 1880, that about March or April, 1863, The report (by M~. LoVERING) was read, as follows: • while recruiting for the regiment., he contracted rheumatism from exposure. Adeliza. Perry was a nurse in the Army, working in t.be corps of nurses unner Also, o.t Camp Nelson, Kentucky, in .July, 1863, he contracted pneumonia, re­ Mrs, Dorothy Dix. Her term of service was from April 15, 1863, to .July 3, 1865. suJting in disease of the lungs; and about the same time and place he contracted She was stationed at the McDougal Hospital, New York Harbor, for four dpif;epsia. months, and was then transferred to the Balfour General Hospital. Virginia, 'I'his claim was rejected on the ground of no record of any one of the disa.bil i­ wh~re she remained until the hospital was closed and she waa discharged the ties alleged, and the claimant is unable to prove by medical or other evidence service. She alleges in a sworn statement that while in such service she con­ based upon personal knowledge that rheumatism or dyspepsia originated in the tracted malaria, which resulted in so impoverishing her strength and vital service, or thathe had diHease of lungs at discharge. energy that from that time forth she bas been greatly hindered and impeded in Will! am Lee. a private of claimant's company, testifies that he was with claim- the performance of anything like remunerative labor; that such disability to . ant while in the service; saw him nearly every day, and know that, while at labor bas constantly increased in degree as a result of malaria contracted in the C'amp Nelson, Tennessee, in .July or August, 1863, he was taken sick with what service from the time she was discha.rged until now she is suhstantially dis­ Surgeon Hunt called pneumonia fever, and claimant wa.s ordered to a private abled from all service or labor in procuring her support; that all her means of house, where be was treated by said surgeon. Next saw claimant in Novem­ support has been derived from such labor as she has been able to perform, but ber. 1863, w ben be was suffering with a pain in his side, had a bad cough, looked with her present. inability to labor she is destitute of all manner of support and badly, and was suffering from dyspepsia. without means of subsistence. John D. Carey, a private of Company A, First Regiment Tennessee Light Ar­ The accompanying papers on the case show that she was an enlisted nurse, tillery, tes~ifies that when claimant came to the camp, in November, 1863, he and perfonned all the duty she claims. was suffenng from dyspepsia, had a bad cough, and complained of rheumatism The subjoined affidavit of Almon M. Orcutt, M. D., of Hardwick, Mass., ex­ and in March, 1864, wa.s stricken down with said disease, and was then treated plains itseli': by Dr. Bro\vn. "I have known Miss Adeliza Perry since 1849, having been the family phy­ James M. Dean, assistantsurgeon of First Tennessee Ligbt Artillery, testifies sician of her sister with whom she resided at that time. I have been her phy­ that he saw claimant in the spring of 1864, and knows that his health was bad, sician at di1ferent ti'mes since that date. She enjoyed good health previous to and that he was then suffering from rheumatism, dyspepsia, and s. bad cough her entering·tbe hospitals as nurse, under Miss Uix, during the war. I know and was being treated by the surgeon. ' of my own personal knowledge tbat she wns on duty up to the close of the war. XVIJI-57 898 CONGRESS! ON AL RECORD-HOUSE. JANUARY 21,

Just after her discharge from the service I prescribed for her, at which time she of volunteers by brevet for gallant and meritorious services in the campaign ter­ wa sufferi11g from malaria, and it has been her constant enemy since that date, minating in the capture of Petersburg, and the surrender of the insurgent army rendering her a partial invalid all the time from its insidious attacks." • of Northern Virginia." Hon. ,V. ,V. RICE, member of Congress, of Massachusetts, in a note says: "1 have known Miss Adeliza Perry since 1855. She was a. teacher in the public The Commit.tee on Invalid Pensions recommended an amendment schools of Worcester. She was a nurse during the war. Since that time she has resided in Worcester. She is in very feel.Jle health and necessitous circum­ strik!~g out "twenty-five" and inserting "twenty;" so as to make the­ stances. She is a. brave, conscientious, and faithful woman." proviSion read: "pay her a pension at the rate of twenty dollars per Roxanna W. Crooker, Port Henry, N.Y., widow of Dr. Benjamin T. Crooker, month." who was at different times executive officer and surgeon in charge of Balfour Hospital, states- · The amendment was agreed to. "'.rhat she knew 1.\fiss Perry when she was serving as nurse at Balfour during· The bill as amended was laid aside to be reported to the House 1864 and 1865, and that she knew from her husband, as well as from all the with the recommendation that it do pass. officers there, that she was considered a most faithful and efficient nurse." Your committee report back the accompanying bill and recommend it.s pas­ WILLIAM H. H. PRICE. sage with the following ameudment: Add at the end of the bill the following: "and pay her a pension of 12 per month." Mr. PETERS. I call up the bill (S. 2369) granting an increase of pension to William H. H. Price. The Committee on Invalid Pensio.ns recommended an amendment The bill was read as follows: ·adding, at the end of .the bill, the words: "and pay her a pension of Be it enacted, &c., That the pension of William H. H. Price, late of Company $12 per month." F, Sixty-sixth Regiment Indiana Volunteer Infantry, be, and thesameishereby, The amendment was agreed to. increased to $24 per month; and the Commissioner of Pensions is hereby au­ thorized and directed to place the name of said William H. H. Price on the The bill as amended was laid aside to be reported to the House pension-roll as a. pensioner of the United States for the sum of $24 per month, with the recommendation tha.t it do paM. said $24 per month"being in lieu of all other pensions heretofore granted. LUCY E. ANDERSON. The report (by Mr. MORRILL) was read as follows: Mr. SWOPE. I call up the bill (S. 2301) granting a pension to Lucy The report of the Senate Comruittee on Pensions sets forth the facts in this case clearly, and fully establish the right of the claimant to an increase. The E. Anderson. report of the Senate committee is therefore adopted, and the passage of the bill The bill was read, as follows: recommended. Be it enacted, cfcc., That the Secretary of the Interior be, and he is hereby, au­ [Report No. 1363, Forty-ninth Congress, first session.] thorized and directed to place on the pension-roll, subject to the provisions and That William H. H. Prioo is already on the Government rolls as an invalid limitations of the pension laws, the name of Lucy E. Anderson, widow of Maj. pensioner to the extent of 12 per month, and on the 18th day of last June made William A. Anderson, and pay her a. pension at the rate of S25 per month from a new declaration for an increu.se of pension on the ground of an increased dis­ and after the passage of this act. ability growing out of an aggravation of his disease-which is anchylosis of the elbow-joint of the right arm-which application was rejected by the Pension The report (by Mr. MATSON) was read, as follows: Office on the ground "that he is now receiving the full amount of pension to As the Senate report of the Committee on Pensions states the facts of this which he 1s entitled under the law for the disability" named. In view of the case, your committee adopt it as their own and attach it. hereto. They recom­ papers sent to us from the Pension Office, we can not agree to this conclusion. mend that the bill do pass, am.ended., however, by striking out the word " five," The Government board of surgeons by whom he was examined, on the 16th day in line 9, so that it will read "pay her a pension at the rate of S20 per month." of September, 1885, duly certified to the Pension Office that the ex-soldier suffers The claimant, Lucy E. Anderson, is the widow of the late Maj. William A. from "complete anchylosis of the right elbow-joint, the arm being firmly held Anderson, who died recently in this city. A report of his military history fur­ in a semifiected position, and there being a complete atrophy of all muscles ot nished by the War Department shows that he enlisted .July 20, 1851, in Company the right arm, the measurement of which is 6f inches, while the left. arm is 9 F, Twentieth Indiana. Volunteers, at La Fayette, Ind., to serve three years. He inches." They also return that" his right arm anrt hand are of no value for pur­ was mustered in and appointP.d corporal of the same company July 22, 1861. poses of manual labor, and his disability is equ.al to the loss of a hand or afoot." From muster-in to April SO, 1852, he is reported" present;" roll for May and June, There appearing no evidence to the contrary, this degree of disability, under 1862, is not on file; roll for July and August, "absent on detached service with the act of March 3, 1883, entitles the pensioner to $24 per month. General Robinson;" for September and October, "absent on detached service, We therefore recommend that the bill be amended by striking out the word division forage-master since June 24, 1862;" from November 1,1862, to June 30, "thirty" where it occura therein, and by inserting in each case in lieu thereof 186a, "absent, clerk: at corps headquarters since July 24,1862;" and July and the word "twenty-four," and that, as so amended, said bill do pass. August, 1863, •·present." He was appointed quartermaster-sergeant in the same The bill was laid aside to be reported to the House with the recom­ regiment September 8,1863, and is reported on rolls of field and staff to Decem­ ber 31,1863, "present." He re-enlisted as a veteran volunteer February 14, 1864, mendation that it do pass. and served as regimental quartermaster--sergeant to September 2, 1864, when be MALITTY ROSE. was mustert:d in as first lieutenant of Company F, in the same regiment; was appointed adjutant Octol>er 24, 1864, and reported "present" until J uJy, 1865. He Mr. BARBOUR. I desire to call up the bill (S. 2335) for the relief was honorably discharged July 12,1865, at Jeffersonville, Ind. of the heirs of Mali tty Rose. In addition to this the claimant has tiled the original commission showing The bill wa.s read, as follows: that the soldier was promoted June 15,1855, "for gallant and meritorious con­ duct at the battles of Boydton Road and Amelia Springs. a captain of volun­ Be it enacted, cfcc., That the Secretary of the Interior be, and he is hereby, au­ teers, by brevet," &c. thorized and directed to pay James E. Rose, Jane Godfrey, and Francis Patton, Also, the commission dated August 20,1867, "for gallant and meritorious ser­ the only surviving children of Malitty Rose, deceased, the money due upon re­ vices in the campaign terminating in the capture of Petersburg, and the sur­ issue certificate numbered 3259, and issued to the said Mali tty Rose three weeks render of the insurgent army of Northern Virginia, a major of volunteers, by prior to her death, as the widow of Eli&!! Rose, late a private in Captain McCoy's brevet." company, United States Infantry, of the Flori~ war. On one of his commissions is indoxsed the following list of engagements in which he participated: Hatteras Retreat, Orchards, siege of Richmond, Glen­ The report (by Mr. WHITE, of Pennsylvania.) was read, as follows: dale, Malvern Hill, Second Bull Run, Fredericksburg, Chancellorsville, Gettys­ The equivalent of this bill having been reported favorably by this committee burg, Wapping Heights, Kelley's Ford, Orange Grove, Mine Run, Wilderness, (vide H. R. 2585 and report thereon, No. 816), and also by the Committee on Po River, Spottsylvania, North Anna, Ptolopotomy, Cold Harbor, siege of Peters­ Claims (see report No. 1813), during the first ses ion of this Congress, and hav­ burg, Deep Bottom, Strawberry Plains, Boydton Road, Five Forks, Amelia ing carefully considered the Senate report on this bill they concur therein, and Springs, Lee's surrender. · recommend the passage of the bilL 'fhe only record evidence of treatment In service is for diarrhea, in March, It appears from the papers on file in the Pension Office that Mall tty Rose was 1865. It further appears that the medical records of the regiment are not on the widow of Elias Rose, private in Captain McCoy's Company, United States file, and it is therefore impos ible to procure evidence of this character. Yow· Infantry, engaged in the Florida war. Under act of Congress, approved Feb­ committee have, however, been furnished with the certificates of Robert Rey­ ruary 3, 1853 (section 4732, R. S.), the said Mali tty Rose was granted a widow's burn, l\1. D., late surgeon and brevet lieutenant-colonel, United States Volun­ five-year one-half pay pension. Said peusion commenced December 3,1853, and teers, and capt-ain and assistant surgeon, United St-ates Army, now a prominent expired December 3, 1858. member of the medical profession in Washington, D. C., in which he states that On June 3, 1857, six months before the expiration of her five-year grant, an the late ,V. A. Anderson, of Company F, Twentieth Indiana Volunteers, was, act (now section 4725) was approved, continuing that class of pensions for life. du1·ing the last fourteen years of his life, under his professional care, and that After the expiration of the five-year grant the Pension Office drop~d the name the cause of his death was cerebral paralysis, complicated with -tween the years 1879 and 1885 to B. H. Smith, late lieutenant-colonel Twentieth Indiana R~iment, certifies, get a reversal of above decision as to arrears; finally she took her case on ap­ under date of May 6,1886, that he has known the late \V. M. Anderson s]nce he peal t.o the Secretary of the Interior, who, on March 5,1885, rendered a favorable entered the Army in 1861; that he was then a very healthy, robust boy; that he decision, using the following language: "It is believed by the Department that has met him since the war a. numberoftimes,and each time, to his sorrow, saw the provisions of section 4713 should not be applied to this case for the reason his failiug health; that he has known his parents for thirty-five years, and that the na.meofl'IIrsRosewason the roll whentheactof June3,1858, was passed, knew them to be free from any cht·onic or constitutional diseases, and is well and that the act could have been properly executed in her case without requir­ satisfied be lost his health from Army exposure. ingofher an application. The act continued the pension she was receiving at the L. G. Patter. on, of Logansport, Ind., corroborates the above, and says he :re­ date of its passage, and the certificate for the continued pension might properly pcn.tedly urged hitn to apply for a pension, but he spurned the idea of being a have been issued witbout any action on her part," and directed that a. reissue Government pensioner. certificate be issued for the amount of accrued pension, namely, 1,555.68. Hon. w·. D . OWEN, a member of the present House of Representatives, in­ On March 17,1 80, the Pension Office notified her attorney that the reissue cer­ dorses the statements of the last two 'vitnesses. tificate had that day been issued and sent to the pension agent at Knoxville, Your committee are of opinion, after a careful consideration of all the facts of Tenn. this case, that this brave soldier sowed the seeds of his fatal disease in the ex­ On April 9, 1885, over thr~ weeks after the issue of her certiflcate, and · tho po w·eR and hardships of his long and gallantsen'ice; that he wo.s for yea.rsan pension agent had been directed to pay her the amount of accrued pension, the invalid therefrom, and that his life was shortened thereby. His widow and in­ claimant died. fant child ar-e left destitute, and should be provided for. We therefore report The administrator signed the vouchers and returned them to the agent, de­ back the bill, with U1e recommendation that it do pass, with fhe following manding the payment. He was denied. He applied to the Commissioner of amendment: Add after t.he sixth line the words, "late first lieutenant and ad­ Pensions to direct the payment as asked, who, in a letter to the attorney dated jutant, Twentieth Indiana Volunteers; afterwards captain, and appointed major July 22, 1885, declined to do so, giving as a reason the l&w·as expressed in sec- 1887. CONGRESSIONAL RECORD-HOUSE. 899

tion 4718 Revised Statutes. He then applied to the Secretary of the Interior, asking payment upon the ground that the Government should not profit by its t.i';!~a'i:~~:!~J!dison. He was then sick with diarrhea and intermit.. own wrong in first dropping the name of Mali tty Rose from the roll, in direct tent fever." opposition to the provisions of act of June 3, 1558, which declared the pension Dr. Robert L. Telfair testifies: should continue for life; second, in refusing p ayment of accrued pension in " That he treated claimant in 1865 for chronic diarrhea.. He was at thnt time June 9; 1879, and thereafter until March5, 188.'>; third, in the long withholding prostrate to his bed. These facts are taken from his books." of the vouchers (for over three week) and negligence of duty by the pension John Zanker and George Zanker testify as to the claimant's being troubl~d agent; and fourth, that the dec.ision of March 5, 1885, was rendered by a com­ with chronic diarrhea, from his discharge, more or less every year fr()~ 1865 till petent tribuna L Hence the question was 'l"es adjudicata, the character of pen­ 1874. sion had ceased, and was thereafter one of the settlement of a judgment against John Fetman testifies: the United States. "That he has known claimant since 1874, and that said acquaintance has con­ This appeal was decided adversely to the estate by the Secretary of the Inter­ tinued up to date, and that claimant was una.ble to do an ordinary labmcr's ior, upon the g-round "that no equity powers in the matter are vested" in his day's work by reason of weakness arising- from sickuesi ca. used by diarrhea Department. The administrator of the estate of•Malitty Rose now applies to and rheumatism, and the claimant suffers especially from rheumatism during Congress for relief. Her son files the following aftiadavit with your com­ the colder season of the year." mittee: Miclmel Dithelm testifies to th.e same state of facts. Dr. James H. Dunn testifies: CrrY OF WASHINGTON, "That he has treated claimant several times for lumbago or rheumatism of District of Columbia, ss: the muscles of the back. From his experience with claimant he believes him Personally appeared befor~ me, a notary public in and for the place above to be suffering from chronic rheumatism with occasional acu~e or.subacute at­ named, James E. Rose, who deposes and says as follows: I am the son of Ma­ tacks. Claimant is unable to do much labor of any kind and will not be likely litty Rose, deceased, widow of Elias Rose, a. soldier in the Florida war; I am ever to regain much of his former strength." . fifty years of age, and ha>e no means of support except by daily labor. I have The board of examining surgeons at Saint Paul rates him one-half total for two sisters, named ~rs. Jane Godfrey, aged about fifty-seven years, and l\Irs. disability caused by rheumatism. Frances Patton, aged about fift.y-four years, and neither of said sisters have Soldier being drafted int'l the service of the United States, he can not becallcd any property, and are dependent upon their own labor and that of their hus­ upon to prove prior soundness. The evidence of the surgeon, G. W. 'Vilbur, bands for support; that the last-named is in very feeble health, resulting from and of Lieut. William J. Baker clearly establishes the fact that soldier incurred the care and confine1nent incident to nursing her mother during the last years his disability in the line of duty, and in the ·service of the United States. The .of her life; that the bouse and lot left her by her mother in recognition of her testimony of comrades and neighbors establishes the continuance of said dis­ services in caring for her mother as above described will have to be sold to set­ ability from discharge till the present. tle the indebtedness against the estate if we can not get the money due us from Your committee are of the opinion that the soldier is entitled to a pension., and the Government. on the evidence ought to have been admittea in the Pension Office. We thel·e­ J. E. ROSE. fore recommend that the bill do pass. Sworn and subscribed to before me this 3d day of l\Iay, 1886. EMMA 1\f. GILLETT-, Notary Public. The bill was laid aside to be reported to the House with a recom­ mendation that it do pass. The following indorsements of Mr. Rose are also filed: 1\lr. James E. Rose is well known to me, and I feel confident that any state­ ELIZABETH A.l."'iD MARY GLASSBRENER. ments he may make concerning himself or others can be accepted as the truth. JNO. B. SMOOT, Mayor. M:r. MATSON. I ask for the consideration of the bill (H. R. "1.0093) ALEXANDRIA, VA., March, 1885. for the relief of Elizabeth Glassbrener and Mary Glassbrener. I cordially indorse what is said of Mr. James E. Rose by Mayor Smoot. The bill was read, as follows: K.KEMPER. Be it enacted, cfc., That the Secretary of thelnterioi be, and is hereby, author­ ALEXANDRIA, VA., March 18, 1886. ized and directed to place on the pension-roll the names of Elizabeth Glassbrener and Mary Glassbrener, and pay to each of them a pension of $12 per month, as I certify that Mr. James E. Rose is in my employment, at the wages of ~9 per dependent sisters of George Glassbrener, late of Company D, Seventeenth In­ week. · . J. H. D. SMOOT. diana Volunteers. .ALEX.U\TIRIA, VA., March 18,1886. The report (by 1\Ir. MATSON) was read, as follows: From the facts before us. we are satisfied that it was through no neglect on the John George Glassbrener, brot·her of these claimants, enlisted as a private in part of the claimant that she failed in receiving her accrued pension before her Company D, Seventeenth Regiment Indiana Volunteers, June 12., 1861, and death. We are equally well satisfied that it was through the erroneous acts of served his country faithfully until June 2, 1862, when he was stricken with dis­ the agents of the Government, particularly through the act of the pension agent ease and died in hospital at Corinth, Miss. in retaining the vouchers in his hand for so long a period as three weeks after Elizabeth and Mary Glassbrener were the. dependent sisters of this soldier, the is uing and mailing to him of the c.ertificate. depending wholly upon him for support. They are now both feeble in body Your committee are of the opinion, however, that provision should be made and mind, well advanced in years, both totally deaf, and dependent upon the so that the money when appropriated will be available for her children only charity of strangers who are under no obligation whatever for their mainten­ and your commit!ee therefore report the accompanying bill as a substitute, and ance. recommend that u pass as reported. Henry Lang testified that- "He is acquainted with Elizabeth and 1\Iary Glasshrener; that they are sis­ The bill ~P:S laid aSide to be reported to the House with a recom­ ters ofthedeceasedsoldier· thattheyeame with him from Germany in 1855., and mendation that it do pass. firsttook up their home in ~ison, Ind., where affiant then lived; that he was intimately acquainted with the deceased soldier and these claimants until the FRANZ ROSSRUCKER. time of soldier's enlistment, in 1861; that during all the time he lived in America he was unmarried, lived with and supported his said sisters; that the family Mr. STRAIT. I call up the bill (H. R. 7732) for the relief of Franz record, now in the possession of the affiant, shows that the deceased soldier's Rossrucker: father and mother died prior to his coming to America in 1855; that the soldier sent his money home to his sisters from the Army until his death. Since his The bill was read, as follows: death Elizabeth and Mary have been entirely ~ependent upon the charity of Be it en11c!ed, &c., That the Secretary of the Interior be, and he is hereby strangers. Affiant, who is no relation whatever to them, took a.nd has kept and directed to place on the pension-roll the name of Franz Rossrucker, late a pri: supported Elizabeth, and for the last sixteen years Mary bas resided in the fam­ vate in Company A. Fifth Wisconsin Infantry, subject to the provisions and ily of Bernard Klier, also a stranger; that affiant is now sixty years of age, and limitations of the pension laws. · unable longer to support her, and is under no obligation to continue his charity toward said Elizabeth. Affiant further states that when said sisters were quite The report (by Mr. O'HARA) was read, as follows: young they sustained an affliction whereby they became totally deaf, and they are very weak and feeble, and neither able to earn anything, not even their sup­ Soldjer was drafted and served as a private, Company F. Fifth Regiment Wis­ port; that said sisters have no money or property of any description, but for a consin Volunteers, November 1.9, 1864; discharged July 11, 1865; filed declara· long time, to wit, fifteen years prior to his enlistment, they were entirely depend­ tion for pension, alleging that he contracted rheumatism at Petersburg, Va., ent upon, and were wM>lly supported by, the said John George Glassbrener, and May, 1865; cont-racted chronic diarrhea at Jeffersonville, June, 1865, and inter­ since his death have been and are still objects of charity., mittent fever at Chicago in July,1865. John G. Lay and George ~itzenger, in their affidavits, corroborate all set forth George D. Wilber, surgeon of claimant's regiment, testifies: in the above affidavit. They are intimately acquainted with the claimants, and "That from the 1st of October, 1864, to the slliDlDer of 1865, during his medical know them to be dependent upon strangers for their subsistence. services, he knew claimant, who occasionally attended surgeon's call and was No pension certificate bas been issued in behalf of any person as a beneficiary treated on divers occasions fo~ muscular rheumatism. Said disease was caused of this deceased soldier. Elizabeth and Mary Glassbrener are the ollly living in deponent's opi.Jiion, by unavoidable exposure to wet and cold and all th~ representatives entitled in equity to receive the same. vicissitudes of weather incident to camp life of a soldier and hardships and From the evidence before your committee we are of the opinion this is a mer­ pri':'ations insepara_ble from actiye duty in camp, on picket, and in the field, es­ itorious claim, and that undoubtedly these claimants are entitled to receive that uecially such as claunant experienced at Hatcher's Run about the middle of support which was withheld when the soldier died. They therefore recom­ Februa~y, 1865 .. 'l'he men of his regiment, being ~heltered or unprotected, and obliged to he on· the cold ground, suffered ternblyfrom a storm of rain and mend the passage of the bill. sleet, which formed, as it fell, a sheet of ice on the ground. The bill was laid aside to be reported to the House with the recom­ "The storming and carrying of the rebel works in front of Fort Fisher, when the men of said regiment advanced to the charge through a small but deep mendation that it do pass. stream of water; the subsequent pursuit of the retreating rebel army; the battle MINERVA ABBEY. of Sailor's Creek. when said men forded Sailor's Creek up to their waists in water; t.he skirmish with the enemy at Farmington, Va., and other rapid pur- :Mr. MORRILL. I desire to call up the bill (H. R. 10103) granting • suits at Appomattox, Va.; the countermarch thence to Burk's Station or Junc­ a pension to Minerva. Abbey. · tion, Virginia; the forced march of the Sixth Corps to Danville, Va., to intercept The bill was read, as follows: Johnston's force; that said claimant was transported homeward as ·far a3 Jef­ fersonville, Ind., via Parkersburg, W.Va., during which trip he was seized B e it enacted, &c., That the Secretary of the Interior be, and he hereby is, au­ with an acnte attack of dysentery, which degenerated into chronic diarrhea or thorized and directed to place on the pension-roll the name of Minerva Abbey, drsen~ry; tha~ on his way ~ome from Jeffersonville he was exposed to a cold the blind daughter of James D. Abbey, deceased, late of Company!, Fifteenth n1ght a1r at Chicago, Ill., WJthout shelter, and there contracted intermittent Kansas C!a vab·y, at the rate of $12 per month. feve~. ~nd that soldier's health has been permanently injured from said causes." 'VIII tam J. Baker, second lieutenant of soldier's company, testifies: The report (by M.r. MORRILL) was read, as follows: "That at the battle of Sailor's Qreek, Virginia, the said soldier contracted a The claimant in this case is the d a ughter of James D. Abbey,la.te of Company severe cold, and was excused from duty several times after, on account of sick­ I, Fifteen th Kansas Cavalry. Her father died in the servi.ce in 1864, and in 1867 ness. Soldier complained of soreness and lameness of feet and legs and was a pension was granted to the widow and minor children. In 1875 this claimant; troubled with diarrhea at different times." ' became sixteen years of age and the pension ceased under the generallaw. In Belchazzar Newbisel, comrade, testifies: 1877 the widow remarried and bas since died. This daughter has been almost "That soldier was healthy at the time of his enlistment until about June blind from infancy. She is utterly incapable of earning a support, and is an ob­ 1865, when he was troubled very much with diarrhea. For nine years after h~ ject of charity. This bill proposes to pay her the same rate of pension to which came home from the Army I knew of his being troubled with diarrhea." the mother would be entitled had she not remarried. Congress has repeatedly

• r , 900 CONGRESSIONAL RECORD-· HOUSE. JANUARY 21~

recognized the .Principle involved in this bill by the passage of similar acts. The Mr. WALLACE. I move to amend the amendment of the com­ evidence showmg the present condition of claimant is strom~·. and places that matter beyond doubt. The soldier ga.ve his life to his country. His helpless mittee so as to make the pension $35 per month. I think some respect daughter, deprived of her natura.] support, asks Congress for the same relief ought to be paid to the opinion of the Pension Office. If the condi­ that has so often been granted in similar cases. tion of the claimant is 8o bad as it is represented-- Your committee recommend the passage of the bilL ~Ir. PERKINS. But, if the gentleman will permit me, the diffi­ ·The bill was laid aside to be reported to the House with the recom­ culty is that the Pension Office, under the ~xisting law, can not do any mendation that it do pass. better for him than allow him the pension of $39, because there is no WIJ,LIAM M'FADDEN. intermediate grade of pension between $30 and $50. To entitle him Mr. BYNUM. I ask to have taken up the bill (H. R. 6027) grant­ to $50 he must be so disabled as to require the constant services of an ing a pension to William McFadden. attendant, which, as I have suggested, is not his actual condition, The bill was read, as follows: though he does need assiStance in getting to and from bed, in dressing, Be it enacted, &e., That the Secretary of the Interior be and is hereby, author­ in washing, &c. ; ·yet, as, after being dressed and upon his feet, he can ized and directed to place on the pension-roll, subject to the provisions and limi­ go about without an attendant, the Pension Office can not grant him tations of the pension laws, the name of William McFadden. more than $30 a month. In the judgment of the committee he is en­ The report (by Mr. TAULBEE) was read, as follows: titled to a larger pension than that, and th.ey have recommended an Claimant enlisted in Company F, Ninth Kentucky Cavalry, August 4, 1862, allowance of $45 per month. and discharged September 11, 1863. Mr. BROWN, of Pennsylvania. I hope my friend from Louisiana. Claimant applied for pension based upon injury to left leg at Perryville, Ky., October 8, 1862, by his horse falling on him. w·ill allow this bill to go through, as this is a case where a member Claim rejected on the ground that varicose veins of the left leg developed since knows the person and states before the House the precise facts. the war, and has no necessary or provable connection with the injury of 1862. Mr. MORRILL. Mr. Chairman, I desire to say in connection with The origin of the a11eged injury is shown by the testimony o€James J. Howksby and Lieut. L.A. Black. Mr. Howksby testifies that he helped claimant up, pul1ed this case that the committee were unanimous in recommending the a splinter out of his leg, and dressed the injury. · His leg bled profW!ely. Lieu­ pension at the rate of $45 per month. It bas been the uniform prac­ tenant Black says he saw claimant's leg two to four days after the injury orig­ inated. Claimant left the company because he was lame and notable to do duty. tice of the committee where a person is pensionable requiring partial When claimant came out of the service his leg was badly swollen, looked pur­ attendance of one person, although not requiring the attendance of an­ ple, and had large knots on it. other person all the time, to fix the rate at $45. The examininp: board Mr. Sibby Boyle testifies that when claimant was discharged he came to affi­ which examined into this matter recommended $50. The law used the ant's house and remained about one year. Affiant examined his leg, on which the veins were knotted, and says: expression, however, "requiring the personal attendance of another "About a week or two weeks before his discharge he was at my house and had person,'' and the Pension Office decided the proof did not show he re­ a tub of water in which to bathe his legs, when he told me how the injury orig- quired t-he attendance of another person all the time. The Invalid inated. He walked lame. . "Have seen his leg many times when he bathed it." Pension Committee in all cases where a man is suffering as this man In the opinion of your committee the claim is meritorious, and they recom­ is has allowed a pension of $45 a month. mend the passage of the bill. Mr. WALL ACE. I withdraw my amendment• . The bill was laid aside to be reported to the House with a recom­ The amendment of the committee was agreed to. mendation that it do pass. The bill as amended was laid aside to be reported to the House with ll. ll. DODD. the recommendation that it do pass. Mr. ~ROWN, of Pennsylvania. I call up the bill (H. R. 9401) grant­ FREDERICK DIEBKING. ing an increase of pension to H. H. Dodd. The bill was read, as follows: On motion of Mr. BURNES, the bill (H. R. 8818) granting a pension Be it enacted, ~c., That t.he Secretary of the Interior be, and he is hereby, au­ to Frederick Dierking was taken up and read, as follows: thorized and directed to grant an increase of pension to H. H. Dodd, late of Be 'it enacted, etc., That the Secretary of the Interior be, and is hereby, author­ Company 0, Sixteenth R~giment Ohio Veteran Volunteers, and to pay him, ized and directed to. pla.ce on the pension-roll, subject to the provisions and limi­ from and after the passage of this act, &50 per month. tations of the pension laws, the name of Frederick Dierking, late of Company An amendment reported by the committee to strike out ''fifty" in line A, Eighteenth Re~Proent Missouri Volunteers. 7, and insert "forty', was read. The report (by Mr. MoRRILL) was read, as follows: The report (by Mr. MoRRILL) was read, as follows: Dierking enlisted in Company H, Eighteenth R~gi'llent 1\Iissouri Volunteers, The files from the Pension Office in this case show that claimant was pensioned December 13, 1861, and was discharged upon surgeon's certificate of disability, for rheumatism in 1'1517, and is now receiving~ per month, the amount allowed June 12, 1862, because of double inguinal hernia. Be applied for pension on ac­ for total inability to perform manual labor. His application tor an increase was count of gunshot wound of left lumbar region, received at battle of ShilohlTenn., rejected March 16,1SM6. The examining board at Independence, Kans., Febru­ April 6, 1862, and double inguinal hernia received at the same time ana place. ary 24, 1886, report as follows: His claim for pension has befln rejected by the P-ension Office on the ground •• Be is drawn all out of shape, and, when able to be up, wa.Jks with difficulty. that there is no pensionable degree of disability from the gunshot wound, and '!'here ls a marked atrophy of all muscles of the right side, and the ribs of the lhat the hernia existed prior to enlistment. The rejection for the latter dis­ right side are contracted. He is very anremic, weak, and feeble. Heart hyper­ ability is based upon tbe statement of Surgeon McMartin, made in the certifi­ trophied, irritable, and irregular. He requires the attendance of another per­ cate of disability, to the effect that claimant was aftiicted with double in~tuinal son fully one-half of the time. He suffers constantly and is totally disabled all hernia before enlistment. of the time. He is in our opinion entitled to a total first-grade rating. His The record shows that claimant was wounded at the time and place alleged, height is 5 feet 8 inches; weight,llO pounds." but furnishes no information, except as above stat~d, regarding the double It will be seen that the examining board recommend a total first-grade rat­ hernia. The surgeon heretofore referred to had no personal knowlege of ing, which is $'>() per month. The law fixes this rating only in cases requiring claimant's physical condition prior to enlistmeqt, neither was he advised thereof "the regular. personal aid and attendance of another person." . No reason is through official sources, because the certificate of disability states that no de­ given for rejecting the application for increase, but your committee presume it scriptive roll is on file at the hospital. Claimant is a German, and, as shown in is founded on the claim of the examining board's report, which says "he re­ evidence, was at that time unable to speak English intelligently. In support quires the attendance of another per.oon fully one-half of the time." Unfortu­ of his claim, he has filed the a.Bidavit of a number of neighbors who have known nately the law provides for no rating between that of total inability to perform him for many years in Germany as well as in this country, some of whom manual labor, which is S30 per month, and that conditi•n of utter helplessness crossed the ocean with him, and who are shown to be reputable persons, setting "wbich re9. uires the regular personal aid and attendance of another person." forth in the most positive terms claimant's freedom from hernia at enlistment. The condition of this soldier is much worse than that of his comrade, who is Claimant in his own behalf testifies that he was wounded about 8 or 9 o'clock simply disabled (rom the performance of manual labor, and Congress has never on the morning of the battle; he then made his way toward the hospital boat, refused to make the distinction in cases as marked as this. There seems to be being closely pW!hed by some of the enemy. The only pt-rson with him was no reason to hope that he will ever be any better, but, on the contrary, that his comrade Roesch. On the way to the boat he was compelled to jump a ditch. disability will continue to increase until he becomes utterly helpless. Shortly thereafter he felt something giveaway, accompanied by a sharp, sting­ Your committee recommend the passage of the bill, with an amendmeut strik­ ing pain in the abdomen. This injury developed into a double hernia before ing out the word "fifty," in line 7, and inserting the word "forty-five." he reached the hospital at Cincinnati. Corporal Roesch testifies that he was with the claimant when making his Mr. WALLACE. I move to amend the amendment of' the commit­ way toward the hospital boat after having been wounded, and then heard him tee by striking out "$45" and inserting "$.30." complain of pains in his belly. Was intimately acquainted with the claimant prior to and during service, and would have known it had he been ruptured Mr. PERKINS. This man is now receiving a pension of $30 a. prior to the battle of Shiloh. month. I know him personally; and the Committee on Invalid Pen­ In view of the adverse record, heretofore referred to, and the positive parole sions truly state in the report that this amount of pension does not do evidence of prior soundness, the case has been undergoing special examination him justice. He is much more infirm, much more incapacitated for by the officers of the Pension Office. While this special examination has failed to elicit any further informo.tion as work than those who, under the general law, are entitled to $30 per to the precise circumstances under which the injury was incurred, yet nothiLg month. Yet, as he 'is not so disabled as to require the constant serv­ has been obtained, after the most c.a.reful and thorough inquiries on the part of the examiners', to corroborate the adverse statement of the surgeon. ices of an attendant, be is not under the general law entitled to the Medical examination shows a large scar immediat-ely above the crest of the higher pension of $50 per month. Still, according to the :finding of the left ileum i. the cicat-rix is large. Ball entered over the anterior portion of tenth examining board of surgeons at Independence, Kans., he suffers onder rib. pa.

• CONGRESSIONAL RECORD-HOUSE. · 901

GEORGE SCHNEIDEB. MARGARET R. JO.YES. On motion of Mr. HENDERSON, of illinois, a. bill (H. R. 306) grant­ On motion of Mr. LORE, the bill (H. R.1008.2) to increase the pension ing a pension to George Schneider, was taken up and read, as follows: ofMargaretR. Jones was taken up al!dread, as follows: Be it enacted, &e., That the Secretary of the Interior be, and he is hereby,au­ Be it enacted, &c., That the Secretary of the Interior be, and is her~by, author­ thorized and directed to place on the pension-roll, subject to the provisions and ized and directed to increase the pension of l\Iargaret R. Jones, Widow of the limitations of the pension laws, the name of George Schneider, late· a private in late Col. James Hemphill Jones, of the United States Marine Corps, who died Company G of the Third Regil~ent of United States Artillery. on the 17th day of April, 1880, from S30 to $50. The reporb (by Mr. THOMPSON) was read, as follows: Tho Committee on Pensions, to whom was referred the bill (H. R. 300) for the The report (by :Ur. ScoTT) was read, a.s follows: rei ief of George Schneider, beg leave to report that this soldier enlisted in Com­ They find that the petition of the widow, 1\Iargaret R. Jones, clearly and pa.ny G of the Third Regiment of United States Artillery, on the 21st day of fairly states the facts. and they herewith incorporate it in the report. July, U!40, an~ was discharged from the serVIce on the 21st day of July, 184.5, They alsotind that several bilJsenactingsimilarlegislation have become laws, by reason of expiration of term of service. and they therefore report it back to the House with the recommendation that He alleges that he became affiicted with scur\"y in March,l841, while in the it do pass. line of his duty as a soldier, and as the result of being compelled to eat un­ wholesome food. His military record shows that he was sick during the months To the Honorable the Senate and House of Rep1·esentatlves · of March and April,184l, although the nature of the disease is not specified, but of the United States of .Atnerica in Congress assemhled: the otht>r evidence in the case, being the testimony of the claimant himself, of Dr. G. II. FulJer, of Buda, ill., and of neighbors of the claimant, satisfies your Your petitioner, Margaret R. Jm~es, respectfully represents that ~he is the committee that this soldier is disabled iu a pensionable degree; that the dis­ widow of the late Uol. James Hemphill Jones of the Umted States Marmo Corps, abllily resulted from scurvy; that the disease (scurvy) was contracted by him who died while in the service of the United States, on the 17th day of Apt:il, 1880, in the line of his duty as a soldier, as alleged in his application for pension now from pneumonia contracted in the line of duty while commander of the marine barracks at Bost~nnavy-ya.rd, and in consequence of which your petitioner has on file in the Pension Office; and we therefore recommend that the bill do pass. been granted a pension of$30 per month (Navy pension No. 2709). The bill was laid aside to be reported to the House with a recom­ Your petitioner respectfully states that the records of the Navy Department will show that her late husband, during his thirty-nine years of continuous act­ mendation that it do pass. ive service performed his duty faithfully and honorably, and distinguished CLE.!IIENTINE HARTINGER. himself by ~ts of personal gallantry an~ self-sac!ifi~ w bile on the field of ba~tle On motion of Mr. ALLEN, of Mississippi, the bill (H. R. 10025) during the late war and on other occasiOns while In command of the ma.rme ~ranting a pension to Clementine Hartinger was taken np, nnd read, as· fo~~!·r petitioner would respectfully state, that owing t-o the innate modesty of her late husband, who refrained from relating to her in detail any of the very follows: many acts of valor and bravery performed by him, she is unable at this time to · Be it enaded, &c., TlliLt the Secretary of the Interior be, and he is hereby, au­ present them in detail; but will give a few in a general way, and respectfully re­ thorized and directed to place the name of Clementine Hartinger, dependent fers your honors to a detailed statement of the many and varied commands held mother of W. H. Peters, late of Company C, Twenty-fourth Regiment Iowa by him, which is given herein below: Volunteers, on the pension-roll, subject to the provisions and limitations of the When a history of the 1\Ia.rine Corps was being prepared, seyeral years ago, pension laws, the purpose of this act being to restore her to the pension-roll. giving the service of its members, Colonel Jones was repeatedly and earnestl.Y CoNGER) requested to give a statement of his military record; but, as before stated, h~s The report (by Mr. was read, as follows: modesty would not permit him to give any more than a concise history of his 1\Irs. Clementine Hartinger is the dependent mother of W. II. Peters, late of various, numerous, and wide-spread commands. Company C, Twenty-fourth Regiment Iowa. Volunteers. '.rhe only duty performed by the late Colonel JoneK, of which your petitioner Peters was wounded at the battle of Cba.mpion Hills, Mississippi, and died can give any particular data, is that at the first battle of Bull Run. When the f1•om said wounds a few days thereafter. His mother was placed upon the pen­ war of the rebellion, or late war, was first begun Colonel Jones, at his earnest sion-roll, and received a pension until November 10, 11!67, when her name was request-he being very desirous of engaging actively on the field of duty-was dropped by reason of her marriage with John Hartinger. ordered from the Mediterranean to take command of a company at the afore­ 1t is very satisfactorily proven by testimony on file in the Pension office that said battle-ground, where he distinguished hhnself by galJantry and bravery on Mrs. Hartinger was insane nt the time of this marriage, and was within six the field, and during the engagement was slightly wounded by a spent ball months thereafter confined in the Iowa Hospital for the Insane, and was so con­ which had killed one of his lieutenants. Also, during the Chinese war he was fined for nearly three years. detailed for duty on shore for ten months to protect the property of the Eng­ During her confinement in the insane hospital her husband deserted her, and lish and Americans in China. refused to live with or provide for her after her discharge. She was t.hen di­ .As before stated, Colonel Jones was in the service continuously for thirty-nine vorced from him, and he has since died. She has since been either in the poor­ years, a.nd was off duty but one year during all that time, and that was on a.o­ house or supported by the contributions of frit>nds, and is now old and in abject count of injuries received while in the line of duty, performing service on board poverty. ship. The injury caused an illness of a. very serious nature, and for a time his HPr pension ceased upon remarriage, as provided by section 4708, Revised life was despaired of; in corroboration of which you are respectfully referred Statutes, and mn not legally be restored by the Pension Office; but in view of her t-o the letter of Admiral Charles H. Bell, filed herewith, which speaks of his ad­ helpless and irresponsible condition when this marriage was contracted, your mirable qualities as a man and otlj.cer, as well as his constant devotion to duty committee do not believe she should be held accountable for such act, and there­ by struggling against indisposition when others would, under the same circum­ fore recommend the passage of the bill. stances, have given away. Your petitioner also respectfully states that her husband's death was hastened The bill was laid aside to be reported to the House with the recom­ by what would seem to have been a malicious ill-feeling existing against him mendation that it do pass. at headquarters in Washington at that time, inasmuch as he re~eive~ orders bearing no date to go to .League Island _navy-yard, Penns:ylvama, whic~ was ROSELLA E. HIBBERT. not in proper respect to htm as commandmg offi.cer,and wh1chmuchaggrteved On motion of Mr. ROCKWELL, a bill (S. 2098) for the relief of Ro­ him thereby. . · • The late Colonel Jones, not knowing the nature of his orders, an~ fearing his sella E. Hibbert, was taken up and read, as follows: relief might arrive at any time from California, he commenced at once, and Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au­ while laboring under a severe cold, contracted in attending the funeral of the thorized and directed to place on the pension-roll the name of Rosella E. Hib­ late Rear-Admiral Thatcher, to make arrangement-a to leave Bost-on. To facili­ bert, daugher of Fra.n klin M. Hibbert, late of Company F, Twenty-seventh Regi­ tate matters as much as possible be was obliged to oversee the pwking of his ment Massachusetts Volunteers, at the ra.te of$20 a month. effects during the inclement March of 1880. While thus exposed to the inclem­ ency of the weather his cold was further incre&sed, and finally developed into The report {by Mr. LoVERL'iG) was read, as follows : pneumonia. and in less than one week his death ensued. Thus, it will be seen, The Committee on Invalid Pensions, to whom was referred the bill (S. 2098) for my husband's death was caused by faithfully endeavoring to obey the indElfinite the relief of Rosella. E. Hibbert, have considered the same, and, adopting the vague, and disrespectful orders received from headquarters at 'Vashington, and accompanying Senat~ report as their own, report the bill back to the House the anxiety and worry superinduced by his desire to facilitate the transfer con­ favorably and recommend itB passage with the following amendment: Strike templated and leave no reason, even under the uncertain character of the trans­ out in last line of the engrossed bill the word "twenty," and substitute therefor fer order, for complaint on the part of his superiors. the word" twelve," so that the bill will rea-d" twelve dollars a month." Your petitioner would further call your attention to the fact that the widows [Sem\te R.eport No. 834, Forty-ninth Congress, first session.] of several of the officers of the Marine Corps are now, and have been for years, receiving a pension of $50 per month, whose husbands were retired for years; The Committee on Pensions, to whom was referred the bill (S. 209S) granting yet in the case of your humble petitioner her husband died in active service. a, pension to Rosella E. Hibbert, have examined the same, and report: Your petitioner will now give a history of Col. James Hemphill Jones, her The claimant, Rosella E. Hibbert, is the daughter of Franklin M. Hibbert, late late husband, to which your attention is respectfully and particularly referred. of Company F, Twenty-seventh Regiment l'.!assachusetts Volunteers. It ap­ Colonel Jones was born in Delaware and appointed therefrom. He was com­ pears from the evidence that tlie soldier died on the 16th day of May, 1864. He missioned as second lieutenant March 3,1847 ; served on shore with the Army was married, but his wife died February 2,1863. Only one child survives, the in Mexico in 1847 and 1848; frigat~ Raritan, home squadron, 184.9-'50; steam frig­ present claimant, who was pensioned at the rate ofSS per month, commencing ate Saranac, 185ll marine barracks, Pbiladel phia,1852; steamer Princeton, 1852; May 16, 1864, tbe date of the soldier's death, which pension was continued until commissioned a nrst lieutenant September 1, 18.>3; sloop Macedonian, East In­ she arrived at the age of sixteen years, to wit, February 1,1879, since which time dies, 1&53-'54; steamfrigat.esl\fississippi and Powhatan, 1855-'56; receiving ship sh~ has received no pension. Ohio, Boston, 1856-'58; sloop 1\Iacedonian,1858; steam frigate Richmond, 1860-'61;­ The present application proposes to put her on the pension-roll at the rate of commissioned as captain, May 7,1861 ; marine barracks, Washington, 11!61; flag­ S2l:! a lll;Onth~nd the reasons for such actio~ are well set forth in the following ship Lancaster, Pacific squadron, 1862-'63: marine barracks, navy-yard; Wash­ affidavit of vv. M. Pease, M. D., dated at Ot1s Center. Mas!:!., March 26, 1886: ington, 1864; steamers Richmond and Susquehanna, Mediterranean squadron; " This certifies that I, 'V. 1\1. Pease, of Otis, have known Rosella E. Hibbert with Perry's Japan squadron; engaged in battle of Bull Run; marine barracks, for about three years. She is a person between 3 and 3~ feet in height. She is twenty-three years of age, with the mental capacity of a child five or six years navy-yard, Portsmouth, N. H., 1864-'67; commissioned as major and lieutenant­ colonel, May 10,1864; marine barracks, navy-yard, Bo~ton, 1871-'80; commis­ of age. There is no hope of any improvement. She is unable to help support sioned as colonel, March 16, 1879: died, April17, 1880, while under orders to com­ herself in the smallest degree." mand marines, League Island, Pennsylvania. From all the evidence in this case, your committee m·e of the opinion that Therefore, in view of all the facts herein stated, that my husband, Colonel this claimant still remains;to all intents and purposes, a helpless child. It ap­ Jones, has served faithfully and honorably for thirty-nine years; that his death pears that she is the only survivor of the family of the soldier, and we think was caused prematurely by his endeavor to comply with unusual. disrespectful, that the pen ion asked for in this bill should be granted. \Ve therefore report and indefinite orders; that other wives of deceased marine officers of less ra.nk, tl1e bill ba-ck with the recommendation that it do pass. and a. shorter duration of continuous active service, are receiving a pension The amendment of the committee was agreed to. equal to the amount herein asked fo~; that your pePitioner is n

Mr. LORE. I mo>e that the bill be laid aside to be reported to the Mr. CUTCHEON. I would like to ask the gentleman one question House with the recommendation that it do pass. if he will allow it. Mr. JOHNSTON, of Indiana. I move that the bill be laid aside to be Mr. TAULBEE. I will yield for n. question. . reported to the Honse with the recommendation that it be indefinitely l\Ir. CUTCHEON. I listened to the reading of the report, and also postponed. I make the motion because there is nothing on record to to the statement of the gentleman from Delaware, in order to hear the show this widow is entitled to $50 a month any more than the widow special features of this case which render it proper to take it out of of every colonel who served in the Army. It is starting out on a new the operation of the general law. Granting the service of forty years, line of increasing pensions of widows of colonels to $50 a month; and the faithful service, and that he died in the service; what are the at the very next session of Congress there will be :fifty bills brought in special features entitling an increase beyond the measure of the law here to increase the pensions of widows of colonels to $50 a month, and fixed in other cases, and especially in such a case as that of a man of this will be set as a precedent. There is nothing here to show that equal rank who died iu the service shot down on the field of battle. I this woman is in distress; that she is a widow with a big family; that had a personal frien.d, a colonel of my regiment, who fell by my side, she is helpless. There is nothing in the proof to show any of these facts, shot through the brain. His widow gets but $30 a month. Why should or to show that this should be made an exception to the general rule. this lady get more? That is the only reason why I have submitted the motion for indefinite l\Ir. LORE. I will n.uswer by saying that thirty-nine years of active postponement. and continuous service and devotion to duty should entitle his wife to Mr. LORE. Mr. Chairman, I regret that my friencl from Indiana this recognition. That of itself is a special feature of the case. Per­ takes the position he does in reference to this bill. lie certainly did haps the colonel yon speak of had served four or five years only, or not clearly understand what that report embodied, or I do not think may be less, and during his life was able to provide a support for his he would make this objection. family. This man had no opportunity to do so. He commenced in Col. James Hemphill Jones went into the naval service of the Gov- early youth and devoted his entire life, thirty-nine or forty yea.rs to ernment in 1841. He served through the l\fexican war as well as the country. through the ln.te war, and was at the navy-yard at Boston on duty in 11Ir. JOHNSTON, of Indiana. Do yon think a woman is entitled to 1880. . He had been for some time in delicate health, but ne>er lefthis more pension for having lived with a man forty years than a woman post of duty. ·whose husband was killed thirty-five years before? Or, in other words, He received while at Boston a vague and indefinite order. He was do yon think she should be entitled to more pension because she lived to comply with that order, not knowing wheri to expect relief which with her husband longer? might come at any moment; and while in the execution of what be l\Ir. LORE. I think the woman who has lived with a man forty believed to be his duty he contracted the disease which in his delicate years, who spent all the money he had earned in the service of his condition caused his death. country for the purpose of enabling him to do his duty to his country, Naturally a man of delicate health, notwithstanding his condition, ought to be pensioned. · he adhered faithfully to the post of duty, and although he bad broken Ur. TAULBEE. I think, Mr. Chairman, it is apparent to those who down while on service in the Pacific Ocean under the flag of the United have listened to arguments in favor of these exceptional cases, that each States, and notwithstanding a labor of thirty-nine years of successive case is ''exceptional.~· and continuous work in the naval service, in which he contracten the Numerous precedents have been cited in which special legislation has seeds of the disease which ca.rried him off in less than one week's sick- incr·e:lSed the pensions of widows from $30 to $50 a month. I, for one, ness, he a,J ways refused to leave the service for the purpose of recruit- am opposed to any pension that gives to the widow of any officer of the inp: his health. regular or volunteer service more than $30 a month. That is more than Now the widow states, as shown by that report, that she gets a pen- the average wages of the laboring men of tbi11 country. It has not been sion of$30 from the Department under the general pension law; but ·the policy of Congress-it is not the theory of the pension system-to she does say also that she is in necessitous circumstances, and asks that grant pensions to widows on account of gallant services rendered by the amount may be increased, as that which she gets is insufficient for their husbands. It has been the policy to grant pensions because of the her support. Mr. Chairman, I know this lady personally. She is a death of their husbands. The general law fixes the ;rate of pension for delicate, refined, and cultivated woman, who stood by her husband, the widows of officers bearing the rank that Colonel Jones held at the who had never shirked his responsibility, and never asked to be relieved time of his death at $30 a month. from duty; always ready, always at his post; and I have letters here, I have listened attentively to the reading of the report and the re­ a number of them, from his commanding officers, showing that when marks of the gentleman who supported the bill, and I fail to discover he was advised to leave his ship in the Pacific Ocean and go home, in the semblance of reason why this should be made an exceptional case. consequence of the shattered condition of his health, he refused, and I regard this extraordiruu:y legislation as the result more properly of stood by his post Of duty. The delicate condition of his health made fanaticism or of a sentiment than of sound discretion. the severe cold contracted, as I have said, while performing service If the pensions of officers holding rank equivalent to that which this in Boston, turn into pneumonia, and it carried him off, after a lifetime officer held at the time of his death should be raised to $50 a month, of faithful devotion and service to his country. This woman is old, then I say let us provide for that by general legislation and do away and has but a few years longer to live. Her husband gave not only with this favoritism, which tends more to make our pension system ob­ his life to the service of the Government, but during his lifetiJ:ne his noxious th:m any other feature of it. . health was so bad that it w~ necessary to give all the pittance he re- It would be 'vitb great relncta,nce that I would oppose any pension ceived from the Government to keep himself well enough to perform bill that would tend to relieve the absolute suffering of the widow of his duty. He leaves the widow to-day without a dollar, an old woman any soldier or officer who bad made himself efficient in the service of on the verge of the grave, and I submit, sir, that this is an exceptional . his country. But the soldiers, and especially the officers, of the regn­ case. lar Army enter that service as a matter of business. They select it as The gentleman says this will establish a precedent. Why, sir, this a profession, not because of any extraordinary patriotism they feel, but ic; not by any means the first case of the kind. I hold in my hand here because they feel doubtless it is the best disposition they cau make of two or three precedents. The widow of Colonel Dulaney was pen- themselv.es. They start into that line because they are favored with sioned at this rate; the widow of Colonel Zeilin is another case where appointments to West Point or Annapolist over, perhaps, some equally the pension was increased in this way; and these, too, were men who as worthy young men who are their competitors; and because they re­ were on the retired list and served but a few years. This man was in ceive this personal favor at the hands of those with whom they have the service, as I have said, for thirty-nine years, and dropped dead, it ·influence, they start out on a line which has a tendency to be built up might almost be said, in his tracks. He did his work honorably and by the legislation of this country into an aristocracy. faithfully to his country, and all we ask is to put his widow, not where I read in one of the newspapers of this city not more than a week he would have done if be had given his life and services in her behalf, ago a statement that an officer of the regular Armyha.d purchased a few for he was an exceedingly able man, and a. brave though honest man, years ago property in this city more than $300,000 in value. The and I do notask that yon put his widow where she would have been ifhe question naturally arises in the mind of every man who is acquainted had applied his abilities to accumulating means for her support in old with the extravagant mode of living of the officers of the Army as to age, had he occupied himself in the ordinary avocations of life instead how it is they can afford to succeed in that line in accumulating more of giving his time to his country. But all we ask is this mere pittance money than men of equal worth and intelligence can accumulate in the until in a few years she also passes to the grave and follows him whose ordinary avocations of life. life was given for his country. Mr. HENDERSON, of Iowa. Will the gentleman peTmit me to ask l\Ir. TAULBEE. Mr. Chairman, I must confess to some hesitation hima question? in opposing a bill coming from the Committee on Pensions-- Mr. TAULBEE. Certainly. l\Ir. LORE. Will the gentleman permit me to interrupt him to say :M:r. HENDERSON, of Iowa. Is the gentleman afraid of an aristoc- that the member of the Committee on Pensions who examined and racy made up of poor widows? . made this report, after an examination of all the documents, stated, l\Ir. TAULBEE. I am not; but the tendency of extravagant penswn and I am authorized to use his language--the report was made by Mr. legislation is in that direction. ScoTT, of PenllSylvania-that it was one of the strongest cases be had Mr. NELSON. Will the gentleman from Kentnc1.ry allow me to ask -examined-one of the very best cases upon the documents and facts for information the gentleman from Delaware two questions? submitted that he had considered during the entire session. I l\Ir. TAULBEE. Yes, sir. 1887. ·coNGRESSIONAL RECORD-HOUSE. 903

Mr. NELSON. How old is this lady? heard in this legislation except through us. In other words, we vote 1\ir. LORE. She is about sixty-seven years old. away the money paid into the coffers of the Treasury by the hard­ Mr. NELSON. Has she any means of her own? handed workingmen of this country>-- Mr. LORE. Not a dollar. Mr. .HENDERSON, of Iowa. And you 1Vill :find most of them in Mr. NELSON. Let us then compromise on $40. the amen corner. , 1\fr. LORE. She requires to have an attendant constantly with her. Mr. TAULBEE. I fail to discover such a sentiment, Mr. Chairman, 1\Ir. TAULBEE. No, 1\ir. Chairman, wecannotcompromise on this among the private soldiers, either of the-regular Army or of the vol­ matter whatever may be the age of this widow or whatever disability unteer service, to whom we owe all the victories that have been she may possess. I want to know here and now if it is the policy of achieved by our arms. I can see no reason why the widow of the officer Congress to pension the widows of officers because of their infirmities. who during the battle occupied a bomb-proof position should be pre­ I would like to have some reason given why widows of officers of the ferred over the widow of the man who walked with his musket into Army are to be pensioned by Congress because of disabilities they have the very din of battle and stood in the front rank and faced the shower incurred, or because of age, or because of any other reason than that of bullets that came from the opposing army. Neither can I see any merely of the death of their husbands. If I understand anything about good reason why the widow of the officer who died suddenly (as in the the policy of the pension laws of this country it is that the pensions to present case) should be preferred over the widow of the man who fell widows are granted because of the death of their husbands, and not then in battle. except in cases where that death is attributable to the service of such Mr. CRAIN. Will my friend yield for a question? officer or soldier rendered in the line of his duty. :Mr. TAULBEE. Yes, sir. Mr. BOUTELLE. May I be permitted to ask the gentleman from Mr. CRAIN. Did not the colonels go with the privates? Kentucky a question? 1t1r. TAULBEE. I believe, as a general thing, they did. Tl1ere Mr. TAULBEE. I am not so well posted that I can undertake to were exceptions to that, but even when they did go with them I see no answer all questions; but I will listen to the question of the gentleman reason why they should enjoy exceptional favors. from Maine. .Mr. HENDERSON, of Iowa. They h:W. no bomb-proof positions. Mr. BOUTELLE. I want to ask the gentleman if I correctly under­ Mr. TAULBEE. I used that expression more with 1·eference to the stood him to state that he knew the case of an Anny officer who had superior officers whose widows are included in this kind of legislation. invested $300,000 in house property out of the savings of his emolu- Mr. GALLINGER. I understood the gentleman to say a moment ments as an officer. • ago that the private soldiers won all the victories. I wish to inquire Mr. TAULBEE. I did not intend to make any such statement nor if he voted for the pension to the widow of General Hancock, and, if do I think I did. The statement I made was this, that a few days ago so, npon what ground consistent with the views he is now uttering? I noticed in one of the newspapers of this city mention of a case where 1\Ir. TAULBEE. Ifthegentleman will examine the RECORD he will an officer of the regular Army had purchased a few years ago property :find that I did not vote that way. I voted the other way. worth more than $300,000. Mr. GALLINGER. I am glad the gentleman was consistent. [Cries Mr. BOUTELLE. . Exactly. Now, I want to ask the gentleman if of ''Vote!" "Vote!"] he understood from that statement that the officer in question had prob­ 1\Ir. WOLFORD. This case was carefully investigated by the com­ ably purchased that property from the savings of his emoluments as an mittee, who were unanimous in recommending the passage of this bill. Army officer? The case presents some extraordinary features, and I wish to say a few 1\Ir. TAULBEE. I did not make any such statement as that, nor words about it. But before doing so I must pay my respects to my do I claim that that is the case; bLtt I can clearly see how it would be colleague [Mr. TAULBEE] who has made on this occasion what strikes possible, notwithstanding the fact that the actual sala ry of the officer me as one of the most extraordinary speeches that I ever heard. Surely may not ha-ve amounted to that sum during the whole term of his serv­ he is mistaken in the position which he takes. Does my friend sup­ ice. There are uses to which money may be put by which it may be pose that in any of the occupations of life, in the Army or in the Navy, increased, and there are means which may be resorted to other than on the land, on the sea. at home or abroad, the services of all men are the legitimate- drawing of the salary from the Government {whieh I exactly alike? It is the order of God Almighty that those who do understand to be the principal occupation of the officers of the regular much should receive much. Now, I put it to my colleague, do you Army) by which such amounts may be accumulated. want to stultify your intellect, because I must talk plainly-- 1\fr. BOUTELLE. Then I understand the gentleman is refiect.ing A MEMBER. That is right. upon the integrity of the officers of the Army? Mr. WOLFORD. Do you want to stultify your intellect by saying Mr. TAULBEE. Well, Mr. Chairman, I am not responsible for the that the man who, as a soldier, did little or nothing for his Govern­ gentleman's understanding. I do not think my language can be fairly ment, has equal claims upon the gratitude of his country, is equally construed as m~ning anytning of that kind. I would not refl.e.-;t upon entitled to compensation from a great nation with the man who does the character of any gentleman, especially a gentleman who is an officer much? Surely that is not what you mean to say, because that is not oftheArmy. It has not been mycustom toreflect upon the character the feeling in Kentucky, the Stat-e from which we cotne. We estimate of any gentleman-- men and women there according to what they are and what they do:_ 1\Ir. BOUTELLE. Oh, 1\ir. Chairman, I bad not the slightest idea not a-ccording to what ~e may imagine belongs to the whole human tpat the gentleman intended anything of the kind; but his remark race. going out to the country-a remark made by a Representative upon Now, do you say that the widow of a private soldier is entitled to as the floor of the House-that an Army officer had invested $300,000, much at the hands of the country as the widow of the general who co.m­ taken in connection with the context, would certainly give the impres­ ruanded a hundred thousand men, who was responsible for their con­ sion that we were paying very exorbitant compensation to the officers duct, and for their lives? Who that was ever in battle does not know of our Army. that upon the commander, if he is faithful, if he is cool, if he is brave, Now, my impression is that a..c:; a rule the Army officers are not in­ if he does his duty, devolves a vastly greater responsibility than upon vesting $300, OOU in anything. 1\Iy impression is that as a rule the offi­ any private soldier? The private soldier may carry his gun and fight cers of the Army and the officers of the Navy are notoriously-a friend bravely, may be a gallant man, may have as much sense as the general, in front of me suggests the word-impecunious. They are not, as a for there are privates who have as much intelligence as anybody; but rule forehanded. The expenses incident to their duties and official the private soldier is not placed in such a position that the honor and position renders it practically impossible for them to accumulate much glory of his men and of his country depend upon him. Therefore, ac­ money. Occasionally some of them may, as the fair sex are natura.Uy cording tO all usages of all nations, beginning as far back as we read in fond of the military, make matrimonial alliances that render them history, the man who does the most is, with those who are associated able to invest in this lavish manner, but such cases are exceptional. with him, regarded as deserving the greatest honor. Mr. TAULBEE. I have no objection to that, Mr. Chairman, but I Therefore we honor Washington above any private· soldier of the do not see "how that has anything to do with the merits of this case or Revolutionary war; and ·therefore we look upon Martha Washington as how it touches the issue of t his class of legislation which I am oppos- a greater woman than common women because she was the associate ing. . of General Washington. That is t.he way we look at these things. 1\:lr. BOUTELLE. I did not see that either. [Laughter.] Now, I ask my friend whetherheisgoingto start here anew theory upon 1\fr. TAULBEE. I see no good reason why we should make these pensions, and say, "Wewillmakea kind of hotch-potch of the whole exceptional cases, when reasons for making the exception fail to appear thing and pension everybody alike?" The lazy fellow who lay in his from the statements of gentlemen who see proper to urge such legisla­ tent, who never could be got out of it in time ofbattle-ifhe dies-and tion. I believe that this practice of granting exceptionally .Jarge pen­ he will diejust like other men [laughter]-if he dies, do you propose sions to either officers or soldiers of the regular Army or of the volun­ to give his widow justas much pension as you would the widow ofthe teer service or to the widows of such officers is ticious in its nature gallant officer who, in ftfty battles, stood by the cause of his country and tends to an ext ravagance against which we ought to guard. I in every emergency? I know [addressing Mr. TAULBEE] that you are know that when the stories are told to the House, when the recitals of ashamed of such a view as that. [Laughter.] I know it is not in suffering and sometimes abject want are made here, they are calcu­ the mind of a Kentuckian to hold such a view. lated to touch the sympathies of those who hear them; but we should But you talk about " taking the people's money." I have heard remember that whatever benevolence we attempt to indulge in by such that expression before; and but for that remark I should not have said legislation as this takes the money of the people whose voices are not a word this evening. I have heard expressions of that kind so often

• 904 CONGRESSIONAL RECORD-HOUSE. JANUARY 21, from different sources in this Congress that, for one, I have grown tired ows when in distress they ask for the pensions which were promised to of that kind of talk. "Taking the people's money!" How is it" tak­ them, then we might as well abandon the whole pension system. But ing the people's money?" You take "the people's money," drawn I do not believe such is the disposition, and certainly such bas not been from them in the form of taxes, and you lock it up in the vaults; you the practice of either House of Congress, but, on the contrary, relief has keep it from the people. I am for taking " the people's money " and beenpromptlygranted in all cases of the kind which have been presented giving it to good, worthy ladies and good, worthy gentlemen who will to our consideration. . put it into circulation. [Laughter.] Let the peoplehave the money. In this case the committee carefully examined into the facts arid came If you want to do exactly right upon the subject of pensions, take to the conclusion that the widow of Colonel Jones was fully and justly this money which is locked up in the vaults and put it in circulation entitled to this pension. The facts show that Colonel Jones was a by meetingjust claims such as this. Whose money is it? It is the faithful officer and that his men loved him and that he loved them. people's money. Then, for God's sake, do not lock it up from the His services in battle for his country will never be forgotten; and if it people. Let them have a chance to see where it goes. And if you be true that the spirits of the just look down upon U.'3, the spirit of give it to the soldiers or to their widows, I will be responsible that it is · this gallant man I hope will witness, by our action to-night in grant­ circulated; you need have no fear on that score. [Laughter.] ing this pension to his widow, that we have been loyal and true to our Talk about "bard times!" Why, I see that so learned and great a promise to take care of the widows and orphans of those who died in statesman as I\Ir. Blaine advises you to take the surplus mon~y from the service of their country. [Applause.] the Treasury and give it to the States. I am not in favor of that. I Mr. JOHNSTON, oflndiana. I understand tbatthegentlemanfrom would rather give it to the soldier and the soldier's widow-to those Kentucky is a member of the Committee on Pensions, from which this who deserve it. · bill comes, and if I beard him correctly he stated in this debate, as did You say it is terrible to pension soldiers and soldiers' widows to such the gentleman from Delaware, that Colonel Jones was a soldier in the hlgh amounts-- [Cries of" Vote!" "Vote!"] Gentlemen, do not war of 1812. Let me inquire of him whether that really is the fact? be in a hurry; I will give you a chance to vote in a few minutes; but Mr. LORE. I have not stated that Colonel Jones was engaged in the I am going to s..1.y what I in tended to say before you vote. If you take war of 1812, but I did state that he was not only a gallant officer in the this money out of the Treasury vaults and put it in circulation it will late war. but that be was in the Mexican war. be all right; and is it too much to give $40 or $50 to the widow of a Mr. WOLFORD. What I said was that Colon e) Jones entered the gallant officer in recognition of the services that he performed for his service of the United States when a mere boy, and that it was probable country? Is that too mnch? he had served in the war of 1812, but on reflection and without know­ Mr. TAULBEE. I would like to ask my colleague why it is that he ing the fact certainly, I am inclmed to believe that he was not engaged proposes, in supporting this bill, to give to the widow of Colonel Jones a in that war. He was, however, in the war with Mexico and served gal­ pension of $50 a month in preference to the widows of other officers lantly throughout the civil war, and received the thanks of his coun­ who rendered similar services, and whose widows receive only $30 a try for his gallantry when be was wounded in battle, and I hope my month. friend from Indiana will be induced to vote for this bill which grants a Mr. WOLFORD. Why, bless your soul, I would give this amount pension to his widow. She is left; in needy circumstances and the Con­ · to :the widow of every one who rendered service of this kind. Surely gress of the United States has the right to take into consideration the you do not know me, or you would not ask such a question as that. I poverty of the widow of a gallant officer, who for so many years rendered would ·give this pension to the widow of every one who performed any­ such efficient service. I do not believe, notwithstanding what bas been thing like the same service that this man performed. said, there will be any disposition on the part of the House to do any­ nut I want to talk a minute about this case ofColonelJones. This thing else than unanimously pass this very just bill. [Cries of pension is not proposed for any ordinary service. I believe you will "Vote!"] admit the doctrine that those who do the most service should receive The question recurred on the amendment of Mr. ·JOHNSTON, of In­ the most from the Government. That is the way the people look at it, diana, that the bill be laid aside to be reported to the House with the and always will look at it. Admit that; and then I want to talk a recommendation that it be indefinitely postponed. moment about what Colonel Jones did. We investigated his case very 'l'he committee divided; and there were-ayes 15, noes 17. fully and carefully. What did be do? When a boy he entered the So the motion was disagreed to. Marine Corps. · Mr. W .ALLACE. I move to make it $40 a month, and I do it for the He went out upon the high seas, he went out upon the land, he went purpose of preventing the establishment of a bad precedent. I do not everywhere his duty to his country called him; and wherever the dan­ wish to make the point of no quorum, but I do wish to prevent the ger was the greatest there he was always in the thickest of the fight, establishment of a bad precedent. I move to strike out ''$50" and which he fought gallantly in his country's defense. insert in lieu thereof '• $40." He went into his country's service when a mere boy, and I believe be The amendment was agreed to; and the bill as amended wo.s laid was even one of our gallant defenders in the war of 1812; but however aside to be reported to the House with the recommendation that it do that may be, I am certain that be took an active and gallant part in pass. the Mexican war. And during the years of peace, upon our naval ves­ CAROLINE L. SHEDD. sels, he guarded carefully the honor of our flag in foreign seas. Where­ The next pension business on the Private Calendar, called up by Mr. ever be was in all the forty long years of his service, whether on land .ANDERSON, of Kansas, was the bill (H. R. 10104) granting a pension to or sea, on every occasion, when duty called, he was ready to give his Caroline L. Shedd. life up for the safety of his country and the honor of its flag. I can The bill is as follows: not go into an account of the numerous battles in which Colonel Jones Be it enacted, &:c., That the Secretary of the Interior be, and he hereby is was engaged; they are too numerous and would take up too much of authorized and directed to place on the pension-roll the name of Caroline L: Shedd, foster-mother of George C. Shedd, late of Company I, Thirtieth Iowa. my time, and there are other bills to be passed, and I do not wish to Volunteers, subject to the provisions aod limitations of the pension laws. stand in the way of justice being done to any of our soldiers. · Something was said during this debate about colonels who could not The report (by Mr. MORRILL) is as follows: Claimant is the foster-mother of George C. Shedd, a corporal in Company I be seen in battle. Well, that may be true about some colonels, but it Thirtieth Regiment Iowa. Volunteers, who was killed in battle near Vicksburg' is not true about Colonel Jones, for whenever be was in battle he was Miss., May 22, 1863. The evidence shows that claimant married the father of always seen in the front. He was always, as I have already said, in this soldier in 1847, when soldier was a. mere child. .At time of soldier's enlist­ ment the fat.her was an invalid, owning a small farm in Iowa., upon which the the thickest of the fight. He always stood up manfully and gallantly son worked to support his parents. .After enlistment he sent them promptly during the whole period of his forty years of service, and never quailed his pay ashe received it. In 1876the father died, and claimant is nowdestitute, depending on others for her support. It appears that she did all for the soldier in the presence of an enemy. that his own mother could have done, and that the soldier in return loved and Gentlemen 4ave objected to this case as though nQthing of the kind cared for her as a. son fora. mother. Several cases similar have been favorably had ever been done before. Why, let me tell gentlemen similar cases reported from this committee and acted upon by Congress, and this case seems an especially strong one. have been frequently passed. There are many precedents of like char­ Your committee recommend the passage of the bill. acter. In one case I succeeded in passing a bill, not for the widow of a colonel, it is true, but for the widow of a private soldier. I will tell The bill was laid aside to be reported to the House with the recom­ my friend and colleague from Kentucky [Mr. TAULBEE] that be will mendation that it do pass. never be able to see the time when the Congress of the United States WILLIAM B. EVE. will refuse to grant relief in such cases, where the widow of an officer The next pension business on the Private Calendar (called up by M.r. who served so long and so gallantly and in so many wars comes here TAULBEE) was the bill (H. R. 8720) granting a pension to William B. and asks that she may be pensioned in like manner with other widows Eve. whose cases have been disposed of favorably in the past. The bill is as follows: If we have no sympathy for this widow who asks us to relieve her Be it enacted, &:c., That the Secretary of the Interior be, and be hereby is, di· in her hour of distress, then we can have sympathy for nobody. If rected to place on the pension-roll the name of William B. Eve, late second lieutenant of Company H, Forty-ninth Kentucky Infantry Volunteers, subject those who laid down their lives for their country-I do not mean those to the provisions and limitations of the pension laws. who from sudden impulse were induced to go forward and be killed, but those who gave up their whole lives to the defense of their coun­ The report (by Mr. TAULBEE) is as follows: William B. Eve enlisted as B second lieutenant, Forty-ninth Kentucky In­ try-if those men are to have their widows neglected, if the Congress fantry Volunteers, oo the 22d of December, 1863, and was d.iS

• 1887 .. CONGRESSIONAL RECORD-· 'HOUSE. 905

Claim was rejected on the ground. that the disability was incurred prior to en- medical treatment in 1852. In 1859 he was retired, and in 1879 died. listment in the United States service. . Abundant testimony is adduced by claimant's officers and family physician His widow made application though the proper channel in the Pension ~!bowing that he was a sound man prior to enlistment, and especiiilly free from Office, but the claim was rejected, the reason of the rejection being that, diarrhea. · . although her husband received his disability while in the service of the Stephen Golden, captain of claimant's company, states that he had known claimant for the last fifteen years; that he contracted chronic diarrhea while in United States, it was not in time of war; but the Senate committee re­ service and line of duty at Camp Nelson, Kentucky. He was a man of good, ported that there was evidence, which, however, was not conclusive, BOund health at time of enlistment. that the disability was contracted in the Mexican war. Thomas Catron, captain Company B, claimant's regiment, states claimant contracted chronic diarrhea at Camp N elson, Kentucky, while in service and Although the evidence was not conclusive, they saw no reason, if the line of-duty. disability was contracted in the line of duty, in the service, even in James H. Tinsley, regimental adjutant, makes affidavit same as above. time of pea-ce, why he should not be pensioned. The Committee on Dr. J. M. Dishman, of Barboursville, Ky., states while claimant was in service he came home sick with chronic diarrhea; treated him for same; he had said Pensions of the House concur in the report, and recommend the pas­ disease when discharged, and has had it ever s ince. • sage of the bill. Jesse Mallingley, first lieutenant, makes substantially same statement as Mr. WALLACE. Will the gentleman agree to let thiS bill go over

Mr. BRADY. He was never actnally governor of Montana. Mr. TAULBEE. No, it is dissimilar in almost every feature. Mr. TAULBEE. Mr. Chairman, I donotnnderstand from the read­ Mr. BROWN, ofPennsylvania. Thatwasacase based on equitable • ing of this report that General Meagher wa8 at the time of his death considerations, and so is this. in command of troops. If he was, the existing laws entitle his" widow Mr. TAULBEE. The poverty and total helplessness of Cummins to receive a pension at the rate of $30 per month. Porter prevented him from procuring the indispensable evidence upon . 1\Ir. NELSON. Let me suggest to the gentleman from Kentucky which he must rely for obtaining his pension at the Pension Bureau; [Mr. TAULBEEj that, as governor, or acting governor, of the Territory and as I stated before the committee when they were considering this of Montana, General Meagher was, ex officio, commander-in-chief of case, so I state now, that I was in the court of the county in which he the troops called out to quell that Indian disturbance, and was tech­ lived when the presiding judge and full bench proposed to the only nically in the service of the United States. pension attorney in my county that they would pay him an extraordi­ M1. TAULBEE. Ifthat be true I would like to ask why his widow nary amount if he would proceed to develop, by testimony, the rights has not applied for a pension under existing laws? of the claimant, Cummins PGrter. But the attorney very properly de­ Mr. BRADY. I can answer that Mrs. Meagher was the daughter of clined, stating to the court that it was a criminal offense for him tore­ Mr. Townsend, of New York,. a very wealthy man in his lifetime; but ceive more than $25 for prosecuting an application for pension. For recently her father has died, and she is left dependent and in needy this reason Cummins Porter never a-pplied at the Pension Office for a circumstances. During the lifetime of her father it was not necessary pension. The reasons existing in his case were just and fair reasons; for her to apply to the Government for a pension, and she did not apply. such as commend themselves to every gentleman who is acquainted 1\Ir. LOUTTIT. But if she had done so she would have received with the facts. up to the present time nearly $8,000. Bnt this case is different. Here there are.no reasons shown why the Mr. TAULBEE. Asthege;ntlemanfrom Virginia [Mr. BRADY] has applicant did not apply for a pension under the existing laws; there are made that statement, I wish to ask why she has not applied since the no reasorls shown why she would be entitled to a pension even at the death of her father ? rate of $30 per month if she should elect to apply at the Pension Office. A 1\IEMBER. She is applying now. But if the construction of this report given by the gentlemen who Mr. BRADY. Because she prefers applying to Congress and be­ ad vocate this bill is correct, I say .that such legislation as this encour­ cause Congress has granted to the widows of a number of general offi­ ages direct applications to Congress and piles in upon this Honse and cers pensions at the rate of $50 a month. Had she applied to the Pen­ the Committee on Invalid Pensions, of which I have the honor to be a sion Bureau she would have got only $30 a month. member, more work than we could do if we should sit in constant ses­ Mr. TAULBEE. Then it is apparent, Mr. Chairman, that the leg­ sion year after yea,. islation to which I have been objecting is of such a character that Mr. BRADY. Will the gentleman allow me a moment right here? it leads applicants for reliefto pass by the Pension Office, to ignore the Does not the record show that in thirty or forty cases pensions have· laws made for their benefit to and appeal direct to Congress. been granted by Congress to the widows of general officers? And is it They refuse to avail themselves of the benefits to which the laws pf not a fact that in no case under existing laws can the widow of such the country entitle them, from the simple fact that the sentiment officer receive a pension of more than $30, except by application to which has led the Honse of Representatives and the Senate to indulge Congress? Does not the gentleman know that this application is sup­ in this extravagance has held out inducements to them to apply direct ported by precedent upon precedent, and case upon case, some of the to Congress. · If we are thus to supersede the Pension Office, the opera­ cases not being of equal merit with that now under consideration? tions of which are maintained at a cost of hundreds ofthousands of l'r:lr. TAULBEE. I do not know that, :M:r. Chairman; but I dollars a year, let us repeal the pension laws and abolish the Pension grant-- Bureau and let us advertise to the country that Congress is ready to Mr. BRADY. If the gentleman, as a member of the committee, does respond to the appeals of all who desire money out of the Treasury of not know that, he is not familiar with the action ()f the committee and the United States. in amounts commensurate, not with their merits the legislation of Congress with regard to pensions. or necessities but with their aspirations and desires. I tell you, Mr. 1\fr. TAULBEE. The gentleman begs the question. I say I do not Chairman, that a more vicious kind of legislation could not be adopted. know that pensions have been granted in cases less meritorious than If the widow of this officer, however gallant he may have been, has a this. I do know that in numbers of cases pensions of this kind have remedy under existing laws, let that remedy be exhausted before she been granted; and I have objected to such action when I .had the op­ comes to Congress. portunity, because I foresaw the very thing which has occurred, as illus­ Mr. BRADY. Is it not a fact that the widow of General Hancock ap­ trated by the question of the gentleman from Virginia [Mr:BRADY]­ plied directly to Congress and got a pension without going to the Pen­ that our extravagance in that regard would be assigned as a reason for sion Bureau? extra.ordinary allowances of this kind in cases where some member of Mr. 1\IORRILL. And how about Cummins Porter? Did he apply Congress might deem it proper to interest himself in the well-being of to the Pension Bureau before coming to Congress? · the widow of some general officer of the Army. Mr. TAULBEE. The application of Mrs. Hancockwils made direct :Mr. BOUTELLE. Will the gentleman from Kentucky allow me to to Congress. ask him, for the information of others as well as myself, oit"what 1\Ir. BRADY. So is this. ground he bases his objection to this bill? Mr. TAULBEE. And in that case of Mrs. Hancock we find a pre­ l\1r. TAULBEE. I base my objection to it on the ground-- cedent for this; but I opposed that on principle, and so I oppose this on Mr. CRAIN. Because ''No Irish need apply." [Laughter and ap­ principle. plause.] So far as the question of my colleague on the committee [:M:r. MoR­ 1\Ir. TAULBEE. I am very much obliged to the gentleman from RILL] is concerned, with reference to the pension of Cummins Porter, Texas [Mr. CRAIN] for having anticipated me in what be perhaps may whose bill was introduced by me without his having applied to the think would have been my answer. But I say that I make my objec­ Pension Office for relief, I have this to say: In the first place, the pen­ tion to this bill on no such ground. sion granted to him was granted upon an examination by a board of Mr. WARD, of Illinois. Do you not always object to Union soldiers surgeons of the Pension Office. getting pensions? Mr. MORRILL. Will the gentleman allow me to ask one other 1\ir. TAULBEE. I will answer the gentleman from Illinois in a few question? . minutes. I will .first say, in reply to the gentlern:an from Maine [Mr. Mr. TAULBEE. In a moment, when I get through with this. Fur­ BoUTELLE], that my objection to this bill is that the general laws of thermore, there was no exception made in his case, so far as the rating this country, apart from special legislation, do not provide for giving of the pension was concerned. · the widows of general officers of the Army a.greater pension than $30 The bill granted Cummins Porter a pension according to the provis­ a month. ions and limitations of the pension laws, without designating any Mr. BRADY. We all understand that. amount whatever. The board rated him at$50permonth. The reason Mr. TAULBEE.• That is my o~jection, and a very tenable ope. why his application was made direct to Congress is doubtless fresh in Mr. BOUTELLE. I understaml, then, that the gentleman-- the mind of my colleague on the committee [:M:r. MoRRILL]. It was Mr. TA U:uBEE. 1\Ir. Chairman, I have several questions on my list simply this: Cummins Porter had been for fifteen years in the alms­ to which I desire to reply. Will the gentleman content himself for a house of the county in which I live. moment? I am perfectly willing to yield for questions, but I must be Mr. BOUTELLE. Well, we do not want to wait until they get to permitted to answer them as I proceed. the almshouse. The CHAIRMAN. The Chair hopes the committee will be in order Mr. TAULBEE. He had been a soldier in the heavy artillery of the and will allow the gentleman from Kentucky to .proceed. State of Ohio. Mr. BOUTELLE. I supposed the gentleman desired to let us know A MEMBER. Why did he not apply to the Pension Office? what he is driving at. Mr. TAULBEE. I am proceeding to answer that. The evidence Mr. TAULBEE. I propose to do so, if the gentlemap. will only "pos~ upon which he could obtain relief was to be found in the State of Ohio, sess his soul in patience" and give me an opportunity to state my ob­ and I am proceeding to show that his case was not analogous to the one jections to the bill. under consideration. I do not consider, Mr. Chairman, that any fair mind can hold that Mr. BROWN, of Pennsylvania. Not just like it, but something I should assume the burden in opposing this bill. On the contrary, like it. a simple statement that no reason has been shown why this should be 908 CONGRESSIONAL RECORD-HOUSE. JANUARY. 21,_

made an exceptio~! case is, it appears to me, a good objection to the the chair as Speaker pro tempore, Mr. HATCH reported that the Com­ • measure. In this matter I am on the defensive. mittee of the Whole House on the Private Calendar bad bad the As to the question of the gentleman from Illinois [Mr. WARD], who special order nnder consideration and bad directed him to report to the· ~ks ~e whether I d_o not always oppose pensioning Union soldiers, I House sundry bills with various recommendations. I certamly can not thmkthat gentleman (for whom have the biubest0 BILLS P .A.SSED. regard) was sincere in that question. I believe the records will bear me witness, I believe my colleagues on the committee and those who Honse bills of the following titles, nported from the Committee of have attended these Friday night sessions will testify, that I have been the Whole without amendment, were severally considered, ordered to at l~ast, just in the advocacy of every bill which I believed to poss~ be engrossed for a third reading; and being engrossed, were accordingly read the third time, and passed: ment; an~ when you come to a case where you propose to pension some poor soldier who can not receive a pension under the general law A bill (H. R. 4745) granting a pension to WilliamS. Bewley· A bill (H. R. 7732) for the rel1ef of Franz Rossrucker; ' be~use of some t~chnical reasons whY: he can not comply with the A bill (H. R. 10093) for the relief of Elizabeth Glassbrener and Uary straight-lace~ reqm.rements of the Pens10n Office, no man is more lib­ Glassbrener; eral, no man IS more ready than I am to gra.nt a pension when the bill provides that the pension shall be "subject to the provisions and lim­ A. b~ll (H. R. 10103) granting a pension to Minerva Abbey; itations of the pension laws." A b~ll (H. R. 6027) granting a pension to William .McFadden; Mr. PETTIBONE and others. That is true. A b!-11 {H. R. 8818) gran.ting a pen;;ion to F1·ederick Dierking; b~ll . Mr. ~AULBEE. And in the case of widows, I have often supported A (H. R. 306) grantmg a pens10n to George Schneider; A. bill (H. R 10025) granting a pension Clementine Hartinaer· bills this House has passed. I have antauonized the President in his to 0 veto of bills which I thought had merit, but which he believed had A. bill {H. R. 10104) granting a pension to Caroline L. Shedd · and not. Then, Mr. Chairman, in the face of these fads as sustained by A bill (II. R. 8720) granting a pellSion to William B. Eve. ' the record I must confess some degree of surprise that a gentleman Honse bills of the following titles, reported from the Committee of with the sagacity of the gentleman from Illinois [Mr. WARD] should the Whole with amendments, were severally considered the amend­ ask such a question as the one be has propounded to me. ments ?oncurr~d in, and ~he bills as amended ordered to be engrossed I believe that ample pensions ought to be granted, but I say it is. an f?r a thud readmg; and bemg engrossed, were accordingly read the third injt;tstice to allow the pension system to indulge in these extravagances bme, and passed: · wh1cb are calculated to throw upon it the odium of all right-thinking A bill (H. R. 4535) granting a pension to Ad. elisa Perry; A bill (H. R. 9401) granting a pension to H. H. Dodd· and people every-yvhere when we are t~us car:ied aw_ay ~ om: sympathies: And speakmg of extravagances m pens10n leg1slatwn, my mind nat­ A bill (H. R. 10082) to increase the pension of Marga~et R. Jones. urally reverts to the extravagance demonstrated by the gentleman from ELIZABETH M. J. MEAGHER. Texas [Mr. CRAIN], who not many days ago introduced into this The bill (H. R. 8463) granting a pension to Elizabeth M. J. Meagher House a bill proposing to put on the pension-roll of this country the reported from the Committee of the 'Vhole with an amendment w~ retired clerks ?f the Departments and other civil employes of the Gov­ considered and the amendment concurred in. ' ernme~t at a rate far above that granted either to soldiers who were Mr. TAULBEE. I move that the bill just read be laid upon the wounded in battle or to the widows of soldiers. table. Mr. CRAIN. Does the gentleman yield to me?. Mr. ANDERSON, of Kansas. Would not the gentleman auree to let Mr. TAULBEE. I do. . this bill go over to a full Honse? o Mr. CRAIN. Is it not a fact yon came to me and asked me to-day MI·. TAULBEE. I should prefer to have action taken upon it now. whether I favored that bill, and is it not another fact that I told yon The SPEAKER pro tempore. The question is on agreeing to the mo- I had introduced it by request and was opposed to it? [Laughter.) tion of the gentleman from Kentucky. And did you not put your arm around me-and say yon thanked God The Honse divided; and there were-ayes 3, noes 15. I was not for it? [Laughter and applause.] So the motion was not agreed to. . Mr. TAULBEE. I did ask the gentleman why he had introduced The bill as amended was ordered to be engrossed for a third read­ that bill, and he said it was by request. But that does not chanue the ing; and being engrossed, was accordingly·read · the third time, and· fact that be did introduce it. o passed . .Mr. CRAIN. Only by reqnest7 and said I was opposed to it. Did Mr. CRAIN moved to reconsider the vote by which the bill was passed· I not tell you so? and also moved that the motion to reconsider be laid on the table. ' Mr. TAULBEE. I am glad the gentleman is opposed to it. The latter motion was agreed to. Mr. CRAIN. And when I said I was opposed to it, the g;mtlema.n BILLS PASSED. from Kentucky hugged me and thanked God that I was opposed to it. [Laughter.] . Bills of the Senate of the following titles, reported from the Com­ Mr. •TAULBEE. I do not remember the exact words, but I think mittee of the 'Ybole w~thout amen~ment, '!ere severally considered, the gentleman's fancy has led him into statements concerning matters ordered to a third readmg, and were accordingly read the third time, about which he can not afford to be so definite. and passed, namely: Mr. BOUTELLE. Does the gentleman think this is discussing the A bill (S. 2220) granting a pension to James G. 1t£athes; bill before the committee? [Laughter.] . A bill (S. 2369} granting a pension to William H. H. Price; and Mr. TAULBEE. Didinotnotity gentlemen, before I took tbefloor, A bill (S. 2335) for the relief of the heirs of Malitty Rose. if they had reasons to adv:l.nce iii support of this bill, they h:l.d better Bills of the Senate of the following titles, reported from the Com­ present them? mittee of the Whole with amendments, were considered the amend­ Mr. BOUTELLE. The reasons are in the report. ments concurred in, and the bills as amended ordered to b~ read a third Mr. TAULBEE. But the reasons cited in the report are excep­ time, and passed, namely: tional. A. bill (S. 2301) granting a pension to Lucy E. Anderson· and Mr. BOUTELLE. We think otherwise. A bill (S. 2098) tor the relief of Rosella E. Hibbert. ' Mr. TAULBEE. I desire, as I have said, to call the attention of Mr. HATCH moved to reconsider the several votes taken· and also the Honse and the country to the facts. moved that the motion to reconsider be laid on the table. ' Mr. BOUTELLE. Does the gentleman's discussion cast any light The latter motion was agreed to. on the merits of this case? . ~e~ate .bills of the follo~g titles, for the removal ofpolitical disa· Mr. TAULBEE. I have not been attempting to cast any light on billties, were severally considered, ordered to be read a third time and the case. I am on the other side. passed.(two-thirds.voting in favor thereof} namely: ' Mr. RANDALL. Is there any minority report in this case? A bill (S. 2721) to remove the political disabilities of John K. Mr. BRADY. No; it is a unanim-ous report of the committee. Mitchell; and Mr. CRAIN. And in keeping with the recommendation of the A bill (S.· 2848) for the relief of Benjamin P. Loyall. President. • The bill (H.·R. 9854) to remove the political disabilities of S. Barron The CHAffiMAN. The question is on laying the bill aside to be of Virginia, reported from the Committee of the Whole without amend~ 1·eported to the House with the recommendation that it do pass. ment, was ordered to be engrossed for a third reading; and being en-· The committee divided; and there were--ayes 28, noes 4. grossed, was read the third time, and passed (two-thirds voting in Javor So the motion was agreed to; and the bill was laid aside to be re­ thereof). · ported to the House with the recommendation that it do pass. And then, on motion of Mr. WINANS (at lOo'clock and 20minutes . Mr. WINANS. I move that the committee rise; and before the vote p. m. ), the House adjourned. lS taken I suggest, by unanimous consent, it be understood the list of recognitions the. Chair bas for to-night shall be followed next Friday PETITIONS, ETC. night. . The following petitiollS and papers were laid on the Clerk's desk, The CHAIRMAN. That is not within the province of the commit- under the rnles, and referred as follows: tee, but the Chair will preserve the list. . By Mr. 9RAIN (by request): Petition of the United American Clay Mr. WINAN's motion was agreed to. Tobacco P1pe Manufacturers' .A...c:sociation for relief-to the Committee The committee accordingly rose; and .Mr. OUTHWAITE having taken on Ways and Means. .

1887. CONGRESSIONAL RECORD-HOUSE. 909 - By Mr. CURTIN (by request): Petition of Charlotte Smit.b, on be­ The following petitions, praying for the enactment of a bill provid­ half of the Woman's National Industrial League, for relief of car­ ing t-emporary aid for common schools, to be disbursed on the basis of drivers and conductors in the District of Columbiar--to the Committee illiteracy, were severally refen-ed to the Committee on Education: on the District of Columbia. By Mr. BAYNE: Of citizens of the twenty-third district of Penn­ By Mr. CUTCHEON: Joint resolution of the Legislature of Michi­ sylvania. gan, in regard to the bill for the extirpation of contagious pleuro­ By Mr. J. M. CAMPBELL: Of citizens of Bedford, Pa.. pneumonia-to the Committee on Agriculture. By Mr. D. B. HENDERSON: Paper from the Women's Christian By Mr. DORSEY: Resolution of the Legislature of Nebraska, in favor Temperance Union, of Belmont, Iowa, favoring the passage of the Blair of the Cullom-Reagan interstate bill-to the Committee on Commerce. educational bilL By l.Ir. EVERHART: Memorial of East Lynn Grange, No. 271, Pa­ By Mr. JAMES: Petition of Orange Lodge No.1, of New York city, trons of Husbandry, of Chester County, Pennsylvania, praying for the for the enactment of the Blair educational bill. maintenance of the oleomargarine law and the passage of the interstate­ By Mr. MARKHAM: Of 404 citizens, and of 267 -citizens of t.he commerce bill-to the Committee on Agriculture. sixth district of California. By 1t1r. FELTON: Petition of 12,000 Good Templars, of' the State By Mr. A. C. WHITE: Of 97 citizens of the twenty-fifthdistrict of of California, for the passage of the bill (S. 1579) relative to suppress­ Pennsylvania. ing the liquor traffic in the District of Columbia--to the Committee on the District of Columbia. By Mr. GAY: Petition of sugar planters and merchants of Louisiana, HOUSE OF REPRESENTATIVES. for the repeal of internal-revenue taxes-to the Committee on Ways and :M:eans. SA1.'URDAY, January 22, 1887. By ~{r. GROUT: Petition of Hon. M. W. Baily and 48 others, citi­ zens of Franklin County, Vermont, praying for the repeal of act limit­ The House met at 12 o'clock m. Prayer by the Chaplain, Rev. W. rug arrears of pensions-to the Committee on Invalid Pensions·. H. MILBURN, D. D. By Mr. HOPKINS: Petition of George W. Cazenly and others, in The Journal of yesterday's proceedings was read and approved. favor of the Colquitt bill, relating to the District of Columbia,-to the FOG-SIGNAL .AT SPECTACLE REEF. Committee on the District of Columbia. The SPEAKER laid before the Honse a letter from the Secretary of By Mr. LA FOLLETTE: Petition ofHon. E. W. Chapin, grand chief the Treasury, recommending an atlpropriation of $15,000 to build a templar of the Independent Order of Good Templars, and others, proper foundation for the fog-signal structure at Spectacle Reef light­ asking for the passage of the bill {S.l579) granting.to the people of the station, Lake Huron; which was referred to the Committee on Appro­ District of Columbia the right to determine by ballot whether intoxi­ priations, and ordered to be printed. cating liquors shall be manufactured or sold in said District or not­ EMPLOYEs iN THE NAVY DEPARTMENT. to the same committee. The SPEAKER also laid before the House a letter from the Secre­ By Mr. LOWRY: Petition in behalf of William Crabb, late o{ Com­ I pany I, One hundred and twenty-third Ohio Volunteer Infantry-to tary of the Navy, communicatin~ a list of persons employed in the the Committee on Invalid Pensions. Navy Department during the calendar year 1886, and the time each By Mr. McRAE: Concurrent resolution of the Legislature of Arkan­ was actually employed, and the sum paid each; which was referred to sas, in favor of the interstate-commerce bill-to the Committee on porn- the Committee on Expenditures in the Navy Department, and ordered ~~ . to be printed. By Mr. MARKHAM: Petition of C. N. Wilson and others, citizens CLERICAL FORCE IN THE INTERIOR DEP .A.RTMENT. of Los Angeles, Cal., for reduction of postage on seeds, plants, &c.­ The SPEA.KER also lain before the House a letter from the Secretary to the Committee on the Post-Office and Post-Roads. of the Interior inclosing an additional estimate of appropriations for By Mr. MILLARD: Resolution of Candor Post, No. 383, of New clerical force in his Department; .which was referred to the Committee York, for the passage of the Edmunds-Tucker bill-to the Committee on Appropriations, and ordered to be printed. on the Judiciary. By ~lr. MILLER: Petition of Charles J. Scott and ~amuel T. Scott, SEN .ATE RESOLUTION REFERRED. executors of the estate of Samuel Scott, deceased, asking that his war The SPEAKER also laid before the House joint resolution (S. R. 94) claim be referred to the Court of Claims-to the Committee on War ordering the printing of the annual report of the NationalAcader,pyof Claims. Sciences; which wa.s read twice, and referred to the Committee on Print- By ?tir. MOFFATT: Joint resolutions of the Legislature of Michi­ ing. . gan, in favor of the passage of the so-cailed Miller bill, relating to con­ WILLIAM ERVIN. tagious diseases among cattle-to the Committee on Agriculture. The SPEAKER also laid before the House the bill (S. 542) for the lly Mr. MORGAN: Papers in the claim of Robert BnnyanAngnstin relief of William Ervin, with House amendments, and direct-ed the Meador, of Scott County, Uississippi-to the Committee on War reading of the me::sage from the Senate in relation thereto, as follows: Claims. Resolved, That-the Senate disagree to the amendments of the House to the bill By Mr. MORRILL: Petition of the Grand Army of the Republic posts (S. 542) for the relief of Will hun Ervin. and ask a conference with the House on . at Oneida, at Osawkee; and at Effingham, Kans., for the passage of the the disagreeing votes of the two Houses thereon. Ordered, That Mr. SPOONER, Mr. DOLPH, and 1\!r . .To::!