1896. .CONGRESSIONAL RECORD- SENATE. 3377

Mechanics. in behalf of the Lodge immigration bill-to the Com­ Mr. MITCHELL of Oregon presented a petition of Highland mittee on Immigration and N atnralization. Grange, No. 261. Patrons of Husbandry, of Oregon, praying for By Mr. STAHLE: Petition of Union Veteran Legion, No. 65, the passage of House bill No. 2626, providing for the protection of York, Pa., praying for the passage of Honse bill No. 3727, of agricultural staples by an export bounty; which was referred granting a service pension to all soldiers and sailors who served to the Committee on Agriculture and Forestry. ninety days or more in the late war-to the Committee on Invalid Mr. GORMAl.'f presented the petition of Miss Mary Hayne, of Pensions. Washington, D. C., praying that she be granted a pension on By Mr. STEPHENSON: Indorsements of the Stonecutters' account of services rendered as hospital nurse at the United States Union; also of the Cigar Makers' Union; also of building me­ Naval Academy at Annapolis, Md., during the late war; which chanics, and E. S. B. Sutton, all of Sault Ste. Marie, Mich., favor­ was referred to the Committee on Pensions. ing the proposed bill to amend the act of F~bruary 26, 1885, known Mr. ELKINS presented the memorial of John M. Crowe and 73 as the "contract-labor laws "-to the Committee on Labor. other citizens of West Virginia, remonstrating against the con­ By ML'. STRODE of Nebraska: Petition of members of William tinuance of the statue of Pere Marquette in Statuary Hall, and A. Butler Post, No.172, Grand Army of the Republic, of Burch­ praying that it be immediately removed; which was referred to ard, Nebr., praying for the passage of service-pension bill-to the the Committee on the Library. Committee on Invalid Pensions. Mr. VILAS presented a petition of the Free Methodist Church By Mr. TRACEY: Affidavits in support of bill granting a pen­ of Plattsville, Wis., praying for the enactment of a Sunday-rest sion to Isaac Dale, to accompany House bHI No. 6920-to the Com­ law for the District of Columbia; which was referred to the Com­ mittee on Invalid Pensions. mittee on the District of Columbia. Also, affidavits in support of House bill No. 6921, granting a pen­ He also presented the petition of Mrs. F . B. Williams and 35 sion to Henry Gross-to the Committee on Invalid Pensions. other citizens of Trim Belle, Wis., praying for the enactment of By Mr. VAN HORN: Petition of MaryB.Morganfor apension legislation giving to second-class mail matter, such as religious under special act, to accompany House bill-to the Committee on tracts, full advantage of the act of July 16, 1894; which was re­ Invalid Pensions. ferred to the Committee on Post-Offices and Post-Roads. By Mr. WALKER of Massachusetts: Resolutions of the Com­ REPORT OF COMMITTEES. mercial Club of Boston, Mass., Jerome Jones, president, against the free silver coinage measure-to the Committee on Banking Mr. STEWART, from the Committee on Claims, to whom was and Cu!Tency. referred the bill (S. 289) for the relief of Ames & Detrick, of Also, resolutions of the Massachusetts Board of Trade, Boston, San Francisco, in the State of California, reported it without Mass., Edwid S. Barrett, secretary, in favor of a declaration by amendment, and submitted a report thereon. Congress that the word ''coin " in the bonds and notes of the He also, from the same committee, to whom was referred the United States shall be always construed to mean "gold "-to the bill (S. 1831) for the relief of William J . Bryan, reported it with­ Committee on Banking and Currency. out amendment, and submitted a report thereon. By 1\fr. WELLINGTON: Petition of citizens of Baltimore, Md., Mr. BACON~ from the Committee on Claims, to whom was protesting against the continuance of the statue of Marquette in referred the bill (S. 1734) for the relief of Mrs. Sarah H. Wood, Statuary Hall-to the Committee on the Library. reported it without amendment, and submitted a report thereon. By Mr. WILLIS: Petition of Georgetown Council, No. 12, Order Mr. HALE. I am directed bythe Committee on Naval .Affairs, United American Mechanks, of Georgetown, Del., in favor of the to whom was referred the amendment submitted on the 10th Stone immigration bill-to the Committee on Immigration and instant, proposing to authorize the Secretary of the Navy to con­ tl·act with The John P. Holland Torpedo Boat Company, of New Naturalization. York, for six submarine torpedo boats of the Holland type, in­ tended to be proposed to the naval appropriation bill, to report a substitute therefor. I ask that the original amendment be indefi­ SENATE. nitely postponed, and that the amendment reported in lieu of it TUESDAY, JYiarch 31, 1896. be referred to the Committee on .Appropriations and printed. The report was agreed to. · Prayer by the Chaplain, REv. W. H. MILBU&~, D. D. Mr. McMILLAN, from the Committee on the District of Co­ The Journal of yesterday's proceedings was read and approved. lumbia, to whom was referred the bill (H. R. 6833) defining the PETITIONS AND MEMORIALS. standard shape and size for dry measures in use in the District of Columbia, and for other purposes, reported it with amendments, The VICE-PRESIDENT presented a memorial of the Chamber and submitted a report thereon. of Commerce of Nashville, Tenn., remonstrating against a further Mr. CAFFERY, from the Committee on Claims, to whom was continuance of the discussions in Congress on international ques­ referred the bill (S. 71) for the relief of the Catholic Church at tions, and praying for a wise and careful consideration of our Macon City, Mo., reported it without amendment. currency and finances; which was referred to the Committee on Mr. PROCTOR, from the Committee on the District of Colum­ Finance. bia, to whom was referred the bill (H. R . 3281) to authorize reas­ Mr. BURROWS presented a petition of Kalamazoo Lodge, No. sessments for improvements and general taxes in the District of 387, International Association of Machinists, of Kalamazoo, Mich., Columbia, and for other purposes, reported it with an amendment, praying for an investigation of the treatment of employees in the and submitted a report thereon. Brooklyn (N.Y.) Navy-Yardandothernavy-yardsof theUnited He also, from the same committee, to whom was referred the States; which was referred to the Committee on Naval Affairs. bill (H. R. 3279) to authorize the reassessment of water-main He also presented the memorial of Charles Flowers and 43 taxes in the District of Columbia, and for other purposes, reported other citizens of Detroit, Mich., remonstrating against the appro­ it with an amendment, and submitted a report thereon. priation of public money for sectarian purposes; which was re­ Mr. TILLMAN, from the Committee on Naval Affairs, to whom ferred to the Committee on Appropriations. was referred thejointresolution (S. R.112) donating a condemned Mr. DAVIS presented a petition, in the form of resolutions cannon and some shells to the Guilford Battle Ground Company, adop ted by the Commercial Club of Duluth, Minn., praying that near Greensboro, N. C., reported it without amep.dment. the bill to authorize the construction of a steel bridge over the St. Louis River between the States of Wisconsin and Minnesota BILLS INTRODUCED. shall provide for the free passage over the bridge of all foot pas­ Mr. MORRILL (by request) introduced a bill (S. 2679) for the sengers, bicycle riders, wagons, and vehicles of all kinds; which relief of the heirs or legal representatives ofF. Z. •rucker, deceased; was referred to the Committee on Commerce. which was read twice by its title, and referred to the Committee H e also presented a petition, in the form of resolutions adopted on Claims. by the Grand Army of the R epublic of the State of Minnesota, Mr. WOLCOTT intl·oduced the following bills; which were sev­ praying for the passage of H ouse bill No. 4339, t o establish a erally read twice by their titles, and referred to the Committee on national military park to commemorate the campaign, siege, and Pensions: defense of Vicksburg; which was referred to the Committee on A bill (S. 2680) granting a pension to Edgar L. Beckwith; Military Affairs. A bill (S. 2681) granting an increase of pension to Charles Wal­ He also presented a petition, in the form of resolutions adopted lace; by the Grand .Army of the Republic of the State of Minnesota, A bill (S. 2682) granting an increase of pension to Oscar Abbott; praying for the speedy recognition as belligerents of the Cuban A bill (S. 2683) granting an increase of pension to Felton D. patriots in their struggle for freedom; which was ordered to lie Edson; on the table. A bill (S. 2684) granting a pension to James Smith; Mr. Mcl\IILLAN presented a memorial of Linton Loyal Orange A bill (S. 2685) granting a pension to Mary Picard; Lodge, No. 315, of Grand Rapids, Mich., remonstrating against A bill (S. 2686) granting a pension to Charles E. Locke; the appropriation of money for sectarian institutions; which was A bill (S. 2687) granting an increase of pension to George W. referred to the Committee on Appropriations. Neely; v .XXVIII- 212 3378 CONGRESSIONAL RECORD-SENATE. MARCH 31,

A bill (S. 2688) granting a pension to John C. Reed; also be found that in the same provisions there is an utter ignoring A bill (R 2689) granting an increase of pension to Octavia F. a contemptuous disregard, if I may use the expreRsion, of the sup: Crews; and posed great fundamental principle said to arise out of our Amer­ A bil1 (S. 2690) restoring a pension to Hubbard W. Goodrich. ican system. l\fr. MITCHELL of Oregon introduced a bill (S. 2691) for the It may be as well to state to the Senate in the beginning of the relief of George E. Zimmerman; which was read twice by its title, argument that there is no incompatibility at common law between and, with the accompanying papers, referred to the Committee on the exercise of legislative and executive powers by the same offi­ Public Lands. cer. On the contrary, the union of the two in the same person is Mr. GORMAN introduced a bill (S. 2692) to amend the act more a principle of the common law than the rule of exclusion authorizing the Washington and Marlboro Electric Railway Com­ to which Senators on the other side refer. The King of Great pany of Maryland to extend its lines into and within the District Britain is a part of the legislature of that country. In the enact­ of Columbia; which was read twice by its title, and referred to ment of laws the phrttse by which the legislature expresses its the Committee on the District of Columbia. wish or will to make a law in England is about in these words: Mr. TURPIE introduced a bill (S. 2693) granting jurisdiction "~e it enacted by His Most Excellent Majesty the King, by and to the Court of Claims and the Supreme Court .of the United States With the advice of the lords temporal and spiritual and his com­ of certain State claims; which was read twice by its title, and mons," so and so. referred to the Committee on the Judiciary. That is not all, Mr. President. It is a settled part of the com­ mon law of Great Britain not only that the King is a pa,rt of the AMENDMENTS TO APPROPRIATION BILLS. legislature, but that the great executive officers of that Empire. l\fr. MANTLE submitted an amendment intended to be pro­ must be members of the legislature. The prime minister and posed by him to the Indian appropriation bill; which was referred all the cabinet are members of the legislature. Lord Coke lived to the Committee on indian Affairs, and ordered to be printed. in the days of James I. It was a very dark period in the con­ l\Ir. GORDON submitted an amendment intended to be proposed stitutional history of Great Britain. Lord Coke, who had not to the sundry civil appropriation bill; which was referred to the only distinction as a lawyer, but for those days was somewhat Committee on Education and Labor, and ordered to be printed. distinguished for his respect for the rights and liberties of the UNSURVEYED PUBLIC LANDS. people of England, was a member of Parliament. It was sought to get rid of this adversary to despotic government, and so the The VICE-PRESIDENT. The Chair lavs before the Senate the King was induced to appoint him a sheriff of one of the counties. re olution of the Senator from Florida [Mr. CALL], coming over By a rule which has existed in England for a long time, an from a previous day, which will be stated. appointment from the King always vacates the seat of a member The SECRETARY. A resolution proposing to direct the Com­ of Parliament, not because, as I shall show, there is any incom­ mittee on Public Lands to inquire and report such legislation, by patibility between the duties and office of a member of Parliament bill or otherwise, as may be necessary to prevent the unsurveyed and the office to which the appointment is made. The reason for lands of the United States from being approved and patented this vacating of the office is wholly different. It is that he who without a SUl·vey, etc. has accepted the high commission from the people of England as M1'. GALL. I should be very glad to have the resolution go over. a member of Parliament shall not be in such a condition by accept­ The VICE-PRESIDENT. Without objection, the resolution ing an office from the King, that he will be the servitor of the King will go over without prejudice. inBtead of the servant of his constituents. So the appointment of SENATOR FROM DELAWARE. Lord Coke under that rule vacated his seat in Parliament. But, sir, he was immediately returned, as he had a right to be, as a Mr. MITCHELL of Oregon. I call up the privileged question, member for his old district, and when the men who counseled being the report of the Committee on Privileges and Elections on the King to stifle the voice, to destroy the influence of Lord th13 claim of Mr. DuPont. Coke as a member of Parliament resisted his seating again. it was The Senate resumed the consideration of theresolation reported held that there wa.s no incompatibility between the office of by Mr. MITCHELL of Oregon from the Committee on Privileges and sheriff and that of a member of Parliament, and he was seated Elections February 18, Hl96, as follows: and served his t.erm out. R esolved, Tha.t Henry A. Dn Pont is entitled to a seat in the Senate from the Right here it will probably aid to understand the argument State of Delaware for the full term commencing Mardh 4, 1895. which I shall make if I read some short extracts from a work of Mr. GEORGE. Mr. President, I wish, before I commence my acknowledged authority upon the subject of the incompatibility speech, to acknowledge the courtesy of the Senator from Oregon at common law of various offices, and it will be seen again that [Mr. M.!TCHELL] in allowing the case to be p.ostponed until such there is no incompatibility arising from this supposed American time when I hoped my physi-cal condition would be better than it system of the exclusion from all the other departments of an was some days ago. I wish also to say that those Senators who officer in one. desire to follow me ip my :remarks would do w.ell to have a Before I forget it, I may as well remark that the American rule, pamphlet copy of the constitution of Delaware before them. as it is called, has nu reference whatever to the holding of offices. This case is one of very great importance, not only to the person It is a question of a division of powers, the rule being, as far as it who seeks to be seated in this body, but also to the people of Dela­ has been observed at all, that persons holding or exercising powers ware, whose Senator he claims to be, and, I might also add, of in one depa,rtment shall not exercise powers in the other. It will very supreme importance to the people of the United States, as in be well to remember right here (because this goes along through it is involved the determination of a question which seriously this whole argument) that when that law, or that supposed law, affects our institutions in a very material point. is violated, it does not have the effect of the eommon-law rule of It will help to understand the argument which I shall make, incompatibility. The common-law rule is always this in its effect: because I shall make nothing but a law argument, if I shall That where a man holds an office and accepts one incompatible in the beginning clear away somewhat the mist that has been with that, it is an election upon his part to take the second office thrown around this case by a reference to and reliance on two and to resign the first. But no such consequences have ever been principles which have cut a very large figure in the majority re­ applied or can be applied to this rule growing out of what is called port of the committee, and also in the very able, elaborate, and the American system. There when a party or an officer in one carefully prepared speech of the Senator from Oregon. department assumes powers in another, as was done by the House -Great reliance has been placed upon the common-law rule in of Representatives in the case of Kilbourn, I believe, the rule is relation to the incompatib-ility of offices. . Great reliance has also not that the officer assuming the exercise of these powers vacates been placed upon a supposed principle said and claimed to be a his office but that his assumption is a nullity. He holds his office, fundamental principle of our American system; that is. a necessary but he is prohibited from exercising these other powers. That division of the powers of government into tlu·ee distinct and sepa­ ought to be borne in mind also as we ~o along. rate and independent departments-executive, judicial, and legis­ I read a short extract from the opimon of the supreme court of lative. It will be seen before I get through, by those who shall New York, in which they hold that at common law, without any honor me by their attention, that whilst the validity of these ·two constitutional inhibition, there is no incompatibility between a principles .are not denied by me, their importance has been very legislative and an executive office: much magnified by those who advocate the seating of Mr. Du Nor is the office of a member of the assembly­ Pont. · The legislature- A consideration of those parts of the constitution of Delaware in the legal sense of the word, incom~tible with that of deputy clerk of the which refer most directly to the case involved will show that in its court of sessions of the city of New York. provisions with relation to thB holding of incompatible offices no And here, as a part of this extract, I might read another which force is given to the supposed common-law rule of incompatibility. overturns the answer which the Senator from Oregon made to a It will be found that provisions are made denying the simultaneous question propounded by me during his very able argument, when exer.cise of two offices under the constitution of Delaware. I say he insisted that as one of the tests of the incompatibility of offices provisions are made in reference to that point which have no refer­ there should be a capacity in every instance on the part of the ence to their supposed incompatibility at common law. It will incumbent to exercise both offices. I asked him whether that 1896. CONGRESSIONAL RECORD-SENATE. 3379

meant a physical impossibility or something else. :He said phys­ was not one word upon the subject of the freedom of speech or the ical impossibility. freedom of tte {)ress. 1\fr. MITCHELL of Oregon. I said physical impossibility might Mr. GEORGE. No, sir. be and often was one element constituting incompatibility. Mr. MITCHELL of Oregon. It became necessary to amend the 1\fr. GEORGE. I give the Senator the benefit of his explana­ Constitution in order to guard the freedom of speech and the free­ tion, and he will see that thus explained it is not sustained by the dom of the press. authorities: l\Ir. GEORGE. I suppose we have made some improvements, It may be granted that it was physically impossible for the relato~ to be but, sir, in the constitution of the Confederacy-I do not mean to presen t in his . eat in t h e assembly chamber in the p erfo-rmance of his duty refer to our late government in the Southern States-there was no as a. member of that body and at the same time at his desk in. the court doing his duty as deputy clerk. power granted which could interfere with the freedom of speech or the freedom of the press. They only had express powers; there But it is clearly shown by those opinions that physical impos­ were no implied powers; and it was unnecessary in that great sibility is not that incompatibility spoken of or recognized in law. instrument to deny that which could not be assumed. Mr. MITCHELL of Oregon. What case is the Senator reading Mr. President, coming shortly after that there was another great from? instrument, the exemplar of free constitutional governments in 1\Ir. GEORGE. The People vs. Green. the States of this Union, called the Ordinance of 1787, by which the Mr. MITCHELL of Oregon. From what book? m3gnifi0ent territory which the mother of States and statesmen 1\Ir. GEORGE. Fifty-eighth New York Reports, opm10n by donated to this Union was governed. In that ordinance, in the Judge Folger, I will read from another section of this book to first place, who was the legislature? The governor and the judges show the kind of incompatibility which prevents the union of two are constituted the legislature. Was liberty stricken down in that offices in the same person: great part of our country by that provision? I admit that was In England it has been h eld tha.t a justice of the common bench can not be also a justice of the King's bench, because the King's bench corrects the temporary; I have no concealment to make; but, sir, when they errors of the common bench. But if the chief justice of the common bench come in that same instrument to form a permanent government is made keeper of the great seal he continues to be justice, and so a justice of for the Northwest Territory, what provision did they make? The the common bench may be chief baron of the exchequer. governor, the council, and the assembly were the legislature, all In the first instance he is prohibited from holding two offices on united, the governor exercising legislative powers just as he did the ground that one exercises a supervision and contl·ol over the in some other cases to which I shall call the Senator's attention. other. I assert now that without exception in well considered So in the two first great grand instruments which were formed cases there is no incompatibility in the offices except when they in this country for the purpose of establishing free institutions, arise from the subordination of· one office to the other whereby one for the nation at large and the other for local communities, one has the right to control, manage, and direct the other; and there was an intermingling and intermixing of legislative, execu­ that, sir, I believe, is the very language of the supreme court of tive, and judicial ~owers. New York in the case to which I have alluded. I will read it: I come now to the Constitution of the United States. In the A man may not be landlord and tenant of the same premises. days during which it was being discussed before the American Because the landlord controls and manages the tenant. people whether they would accept the Constitution which had He may be, however, landlord of one farm and tenant of another, though been framed by the convention of 1787, there were men, like my he may not at the same hour be able to do- friend from Oregon, who had an ideal, who had learned from the As my friend insists- Frenchman Montesquieu that there must be, in order to have free the duty of each position. The offices must subordinate one the other, and institutions, a complete and perfect and absolute separation of they must per se have the right to interfere one with the other before they the three great departments-the executive, the legislative, and o.re incompatible at common law. the judicial. Those men, like my friend in his eloquent perora­ Great as the powers are of my distinguished friend from Oregon, tion to his magnificent address to the Senate, thought that if thls I think it will exceed them for him to show that there is any subor­ great principle was violated there was an end to freedom in this dination between a member of the legislature of a State and the country. So they opposed the ratification of the Constitution upon governor of that State. · the ground that it utterlyignored, utterly repudiated, this so-called Now, sir, I go a little further on to this supposed great principle principle of the American system. I think, if I remember cor­ of the American system. In the first place, I feel warranted in say­ rectly, though it has been a long while ago, in these exciting times, ing that no such principle exists except as the result of a written since my attention has been called to the fathers of the Republic, constitution establishing it. A fact must be borne in mind which but I have a sort of indistinct memory-it may be but the mem­ sometimes occurred to me when I listened to the very able and ory of a tradition-that James Madison knew something about ingenious argument of my friend from Oregon, that we are here how to frame a constitution for a free people. So he, in the forty­ construing a constitution, not making one. If this was a conven­ seventh number of the Federalist, and in subsequent numbers, tion assembled for the purpose of framing a constitution, then it written and published to the people of the United States for the would be quite competent, quite in order, quite the thing for purpose of meeting objections to the ratification of the Constitu­ members of the convention to remind the body that there is a tion which had been submitted to them, noticed this objection, propriety in having three distinct departments of the Government and he modifies the statement somewhat as put out by the and confining the powers of each to a separate magistracy; but friends of Montesquieu, and he put it in this way, and as he puts when we come to construe a written constitution we must find it I accept it as the American principle. He says that this maxim what that constitution does, not what it ought to do, in order for of l\Iontesquieu can not amount to more than this, that the same it to square with our notions of what may be the proper method hand which possessed the whole powers of one department shall by which constitutions should be framed. not be allowed to exercise the whole powers of another depart­ I desire here to say that this supposed rule of the American sys­ ment. tem has not been recognized in a single constitution that has ever Mr. MITCHELL of Oregon. Will the Senator allow me right been framed in the United States of America. It has been ignored, there to interrupt him? disregarded, from the very beginning until now. I call the atten­ Mr. GEORGE. Yes, sir. tion of the Senator from Oregon and those who agree with him 1\fr. MITCHELL of Oregon. Conceding that to be the correct to the very first constitution for the United States of America, interpretation of the doctrine-and for the sake of argument I the Articles of Confederation. In those articles there were no grant it-Mr. Watson while exercising the office of governor, the judicial powers conferred. In those articles the executive and leg­ Senator from Mississippi will admit, of course, exercised the whole islative powers were all in the same body, there was no distinc­ power. tion, and if it be true, as my friend from Oregon seems to think, Mr. GEORGE. Every bit of it. that the freedom and liberty of this people, the perpetuity of our Mr.l\UTCHELL of Oregon. Every bit of it. And when he free institutions, were dependent upon the recognition of this left the exercise of that office, or rather left the office. and went principle, I desire to call his attention to the fact that the very into the joint assembly on the 9th day of May, 1895, did he not, first effort made on the American Continent to establish free insti­ by his controlling vote, exercise the whole power of that assembly tutions utterly ignored this. That constitution was not entirely for the purposes of the election of a Senator? satisfactory, I admit. Mr. GRAY. That is very easy to answer. Mr. MITCHELL of Oregon. I was about to suggest that. Mr. GEORGE. Let me answer that question. He exercised Mr. GEORGE. It was not entireJ.y satisfactory, but it did not the whole power, just as any other man who voted on the same destroy liberty. It was the only governmental agency by which side. the freedom and independence of this people were secured. Mr. GRAY. That is it. Mr. MITCHELL of Oregon. Will the SenatorfromMississippi Mr. GEORGE. I will ~o along with Mr. Madison. I do this, allow me to make a suggestion? Mr. President, because it 1s easi~r to bring the short notes of Mr. Mr. GEORGE. Of course. Madison upon the various State constitutions then existing than :Mr. :MITCHELL of Oregon. I wish to call his attention to the to bring bodily here those c>.onstitutions and read them and com­ fact that even in the first constitution our forefathers made there ment on them to the Senate. Mr. Madison, in answer to these ' I 3380 CONGRESSIONAL RECORD-SENATE. MARCH 31, objectors, to these men who saw nothing in these incompatible, Mr. President, right here we are performing now an incompat­ as they called them, provisions of the Constitution of the United ible function, according to the idea of the Senator from Oregon. States but destruction to freedom and to liberty and to independ­ We are judging when we pronounce judgment that this is the ence, called attention to the State constitutions then existing. right or that is the right, and when we legislate we ordain that Referring to the constitution of New Hampshh·e, he said: this shall be or shall not be. The president- The very first words in the Uonstitution of the United States The governor was then called president in the State of New after the preamble, which is not a part of it, for it is a mere intro­ Hampshire- duction to it, are : who is the head of the executive department, is presiding officer of the senate, All legislative powers herein granted shall be vested in a Congress of the and besides an eqnal vote in all cases, and has a casting vote in the case of a United States. which shall consist of a Senate and House of Representatives. tie. "All legislative power ." What is legislative power? The So, if my friend from Oregon is right in the suggestion that, power that makes laws; and yet, sir, we go to another part of the because Mr. Watson voted, that vote prevented Mr. DuPont from Constitution, and we find that this Senate and the President of getting into the United States Senate, here is the case of a gov­ the United States, two-thirds of the Senate concurring, can make ernor who voted twice. He not only presided, but on the main treaties. A treaty is not only a compact between the United proposition, as it went to the body, he voted once, and if that made States and the foreign country with which it is made, but in the a tie, then he voted again. Certainly, if the position of my friend language of the Constitution it is ''the supreme law of the land." from Oregon be correct, liberty had two deathly stabs at the same So that is one violation of the maxim. Now, let us take another : time and by the same hand under the constitution of New Hamp­ The judicial power of the United States shall be vested in one supreme shire. court, and in such inferior conrts as the Congress may from time to time Mr. MITCHELL of Oregon. I think myself it was a very bad ordain and establish. constitution on that point. And yet we here to-day are exercising a judicial power. The . Mr. GEORGE. I have no doubt that my friend thinks so. The House of Representatives exercises a judicial power when it prefers truth about it is that my friend has been indulging in these fanci­ articles of impeachment; and this body exercises a judicial power ful theories, as put out by Montesquieu, about the proper way of when it tries the impeachment-so high a judicial power, if I do framing a constitution, and he can not get himself down to the not misstate it, that the Constitution requires that we Senators, duty of construing one. after having once been sworn to discharge the duties of the office Mr. Madison said again: of Senator upon our induction into office, are required to be again In New York the conrt of errors­ sworn when we come t.o try an impeachment. The highest court- Then as to the legislative power. I have noted one exception t o composed of a senate- it, but there is another, and a very important one. Though all leg· A legislative body­ islative power is vested in a Congress of the United States con­ the judges- sisting of a Senate and House of Representatives, yet no act Who had a right to be in the court, according to my friend from concurred in by both can be a law without the approval of the Oregon- President, unless we overrule him by a vote of two-thirds. . That is but a little of the Constitution. Everybody can re­ and the g9vernor. member when he looks through it all these various exceptions. That is the way those old fathers of ours did in those days, yet Now I wish to say something of the practice of the Government I believe we are still a free people. under it. In New J ersey- In the very beginning of our Government-! forget the exact ! am quoting now again from Mr. Madison- date-a Chief Justice of the United States was taken from his the governor is chancellor and ordinary or surrogate of the State, a mem­ seat and made to perform the executive act of framing a treaty­ ber of t he suureme court of appeals, and president of the senate, with a cast ­ Chief Justice Jay. Nobody thought that was a destruction of ing vote in mise of a tie. the Government. Coming down to a later time, right under our The men who framed that constitution knew how to unite in own observation, and I find that some two or three years ago two the Declaration of Independence, knew how to levy armies, to en­ members of this body, the Senator from Nevada [Mr. JoNEs] and list armies. and to fight for seven long years in order to establish the Senator from Iowa [Mr. ALLISON], went, without losing their the freedom and independence of this country, and yet, according seats in this body, to the city of Brussels and performed the ex­ to the view of the Senator f-rom Oregon, they did not have sense ecutive act of ente.ring a conference of representatives from other enough to preserve the freedom which they had thus nobly and powers in relation to the monetary system. No objection was gallantly won. · made to that. Delaware, too, had a constitution in those days-the same State Let us see what else was done. Only a year or two ago another whose fortunes we are now deciding. Says Mr. Madison: Senator was taken from this body-the Senator from Alabama [Mr. ·The speakers of the two legislative branches are vice-presidents in the MoRGAN] - and sent to Paris to sit in an international tribunal executive department, aud the president- to decide a controversy betwe·en this country and Great Britain. Who is the governor, for they were called ''presidents" in those That was certainly not a legislative act. Whether we call it days- executive, as carrying out the executive policy of the country, or is a member of the supreme court of appeals. whether we call it judicial, it was equally inhibited to the Sena­ tor from Alabama upon the principles which are put forwarcl here And, says Mr. Madison: by the Senator from Oregon. And if he shall say, "Oh, it had so Throughout all the States the members of the legislature were justices of much of the legislative about it that we ought to excuse him," the peace. then what will the Senator say when I tell him that Mr. Justice Now Mr. President, going back a little to the Constitution of Harlan, a member of the Supreme Court of the United States, was the United Srotes, I remind Senators that we are creatures of that sent on the same mission? One of them was there wrongfully, if Constit ution. This body is organized under the Constitution of not both, if the principles of the Senator from Oregon be correct. the United States. It has only the powers-I hope my friend from Mr. LINDSAY. What about the Venezuelan Commission? OreO'on will not for get that-which the Constitution of the United :Mr. GEORGE. I almost forgot that Mr. Justice Brewer was Sta~s has given us, and we to-day, at the very mo:nent I am ad­ appointed on the Venezuelan Commission. I am glad the Senator dressing the Chair, are in direct, open, flagrant disregard o~ the has called my attention to that. What kind of a power is Mr. maxim upon which the Senator thinks the freedom and mde­ Justice Brewer exercising in that Commission to-day? Under a.n pendence and the libe_rties of these people are conserved. yve are appropriation made and sancti~ned l?Y us-I suppose that. is a part of the .l egislat~ve .P.ower, yet now w_e are ~erf?r:mmg the clearly an executive power-he 18 trying to find out somethmg functions of JUdge-JudiCial powers, the highest JUdicial power. upon which the Executive can act. And if my friend should say I might say, in the Union, because ~n. its ?-onest, fair, .jus~, and it is a judicial act because it is a commission to ascertain . facts, intelligent exercise depends that proVIsion m the ConstitutiOn of then I will call his attention to the colleagues of J udgo Brewer, the United States which alone, of all others, is embedded in our none of whom are judges, but citizens taken at large. If there is institutions forever, and can not be amended except by the unani­ anything settled in the constitutional jurispruden?e of this coun· mous consent of every State in the Union-equal suffrage in the try it is that the judicial pq~er or any part of It .can neve~ be Senate. That is the question we are trying. That equal suffraO'e vested in any single human bemg unless he be appomted for life. in the Senate is more flagrantly violated by the seating in this body Now we come down to the State of Delaware, and she, just like the of a man as Senator from the State of Delawa~e who never had a United States and just like every other State in the Union, tram­ commission from that State than when a properly constituted ples upon, utterly ignores, this pretended or assumed principl~ of elected member may be excluded. One .exc~usion of. a prop~r man the Senator from Oregon. Now, let us see. I read from sectwn only silences a legal and proper constitutional voiCe, while ~he 8 of Article Ill of the constitution of Delaware: other turns loose into this Chamber a man who has no authonty No member of 'congress nor any person holding or exercising any office to speak for the people whose Senator he claims to be. He is a under the United States shall at the same time hold or exercise the office of usw-per. judge, treasurer, attorney-general, secretary, clerk of the supreme conrt, 1896. OONGRESSION.AL RECORD-SENATE. 3381

vrothonotary, register for the probate of wills and !P'antingletters of admin­ Istration, r ecorder, sheriff, or any office under this State with a salary by been made. All the balance of the constitution is ancillary law anne.xed to it. thereto. I suppose the Senate understands, for it has been over So when the constitution of Delaware comes to make its pro­ and over explained here, which I have not done, that the contest hibitions about holding the same office it pays no attention either here is whether Mr. Watson, having been elected a •senator and to the incompatibility rule at common law or to the supposed speaker of the senate in the State of Delaware, upon acceding to American rule upon which the Senator relies. The great point the exercise of the office of governor of that State, was in any way in the constitution of Delaware is that none of those men shall disqualified to act as senator. That is the question. hold an office under the State who gets a salary. That is not in The first provision of the constitution to which I wish to call either of the principles relied upon by the Senator. attention is one which I have already read, but it is right to put I go to another clause, more expressive: it in the RECORD again at this place. Article III, section 5, says: No person concerned in any army or navy contract, no member of Congress, No member of Congress nor person holding any office under the United or any person holding any office under this State, or the United States, except States or this State shall exercise the office of governor. the attorney-general, officers usually appointed by the courts of justice, Taking that alone, by itself, it is utterly impossible for any respectively, attorneys at law, and officers in the militia, holding no disquali­ fying office, shall, during his continuance in Congress or in office, be a senator officer, either State or Federal, however high or however low, to or r epresentative. exercise the office of governor of the State of Delaware. It is an So, under the constitution of Delaware which I have just read, absolute inhibition against all officers, State and Federal, ever the attorney-general, who is an executive officer; officers appointed exercising the office of governor of the State of Delaware. by the courts of justice, who are judicial officers, officers in the There is another one which I will read, leaving out what my militia, who are all executive officers-all of those may be mem­ friend will admit has nothing to do with the understanding of bers of the legislature. So they did not follow any rule either of the case. the common law or the supposed American system in their inhi­ Mr. MITCHELL of Oregon. From what section does the Sena­ bition to double officeholding in the constitution of Delaware. tor propose to read? Then we go to another section, and one to which we are obliged Mr. GEORGE. From section 12, page 27. to give a good deal of consideration in this case. It is Article III, No person * * * holding any office under this State, * * * except the attorney-general, officers nsually ap:pointed hy the courts of justice re­ section 5. It states that- spectively, attorneys at law, and officers ill the militia holding no disqualify­ No member of Congress, nor person holding any office under the United ing office, shall during his continuance in * * * office be a senator or States, or this State, shall exercise the office of governor. representative. So when it comes to that there is not the slightest reference I have left out some words which the Senator will admit have either to the common-law rule upon that subject or the supposed nothing to do with the understanding of the case. That is one. rule arising out of the American system. Every officer, execu­ With the exception now of these officers specially enumerated, the tive, judicial, and legislative, is, under that provision of the con­ attorney-general, etc., no officer of the State of Delaware can ever stitution, taken alone, prohibited from exercising the office of be a member of its legislature, either senator or representative. governor in the State of Delaware. That is settled. • So, Mr. President, I feel authorized in saying that both the So we start out with two sections in the constitution of Dela­ common-law rule of incompatibility and the other maxim, or prin­ ware absolutely interdicting any officer of the United States or ciple, or whatever it may be, arising out of what is called the the State of Delaware from being governor of the State or from American syst-em, which prohibits the exercise of powers given being a senator or representative. If this thing stopped there, there one department by a person exercising power in another, are ut­ would be some plausibility in Mr. Du Pont's case; but the consti­ terly repudiated and ignored in the State of Delaware. It must tution does not stop there. I will insert here, as it is as good a be noticed-! do not know whether the attention of the Senator place as any at which to put it into my remarks, section 14 of from Oregon has been called to it heretofore in the debate-that Article III of the constitution, which, as I am a little tired, I hope there is an absence in the constitution of Delaware of the provi­ the Senator from Tennessee [Mr. BATE] will read for me. sion f_ound in many of our State constitutions that the powers of Mr. BATE read as follows: government are hereby divided into three distinctive departments, SEc.H. Upon any vacancy happening in the office of governor, by his death, the legislative, executive, judicial, and that a person exercising removal, resignation, or inability, the speaker of the senate shall exercise the office until a governor elected by the p eople shall be du ly qualified. If there power in one shall not exercise it over another. There is no such be no speaker of the senate, or u:pon a further vacan cy happening in the office, provision ln the constitution of Delaware. On the contrary, that by his death, removal, r esignatwn, or inability, the speaker of the house of principle, or maxim, or whatever you may call it, is utterly ignored representatives shall exercise the office u n til a governor elect ed lnJ the p eople shall be duly qualified. If the person elected governor shall die. or become and repudiated all through the constitution. disqualified before the commencement of his term of office, or shall r efuse to Mr. President, just to show what value courts give to this sup­ take the same, the person holdin g the o_tfice shall continue to exercise it unti l posed principle alluded to by the distinguished Senator from Ore­ a governor shall be elected an d dul y qua1ijied. If, upon a vacancy happening in the office of governor, there be no ot her person who can exercise said gon, like that in the State of Delaware, where the constitution office within the provisions of the constitution, the secretary of state shall transgresses it, I will read a short extract from 2 Cushing's Reports, exercise the same until the next meeting of the gen er(l.l assembly, who shall page 580 . . Before I read it is well to read a quotation in that opin­ ll?mediately pro ce~d to elect, by joint ballot of both houses, a person to exer­ ClSe the office u n t t l a governor elected by the p eople 8hall be du ly qualified. ion from the constitution of Massachusetts to show how very per­ If a vacancy occur in the office of governor, or if the governor-elect d1e or be­ tinent this is. I read now a quotation from the constitution of come disqualified before the commencement of his term, or refuse to take Massachusetts: the office, an election for governor shall be held at the next general election, unless the vacancy happen within six days next preceding the election, ex­ In the government of this Commonwealth the legislative department shall ~lusiv e of th~ day of th~ happening of the vacancy and the day of the election; never exercise the executive and judicial powers, or either of them; the ex­ ill that case, If an electwn for governor would not have been held at saia ecutive shall never exercise the legislative and judicial J>owers, or either of election without the happening of such vacancy, no election for governor ~~eeith!~~~~~~~l shall never exercise the legislative an executive powers, shall be held at said election in consequence of such vacancy. If the trial of a contested election shall continue longer than until the third Tuesday of I will now read a phrase that will do my friend's soul good. January next ensuing the election of a governor, the governor of the last year, or t_he speaker o~ the senate or of ~he house o~ ropresentati~es, who may To the end- then be ill the exerclSe of the exeeut1ve ~uthonty, shall contillue therein Says the constitution- until a determination of such contested election. '!'he governor shall not ba removed from his office for inability but with the concurrence of two-thirds it may be a government of laws and not of men, of all the members of each branch of the legislature. With that emphatic declaration in the constitution of Massachu­ Mr. GEORGE. I am very much obliged to my friend the Sen­ setts, a controversy arose about whether the office of justice of the ator from Tennessee. peace, a judicial office, and the office of constable, an executive Mr. President, this fight centers around these three sections. office, could be held by the same person, and here is what the It may be well to state right here that I do not care what construc­ court said: tion you put upon those sections of the constitution of Delaware; The provisions of this article are general in their terms, expressive only of "Mr. Du Pont, you can not sit in a seat in this Chamber without a J!rinciple, and not intended to mark with precision the incompatibility of different offices. The article must have been so understood by the framers destroying theConstitutionof the UnitedStates." Let it be what of the constitution, a-s in other :r.arts of that instrument certain offices are construction you please. But as men are more inclined to adopt enumerated and their incompatibility directly declared. and consent to a rule which cuts out an applicant from a seat in Exactly what is done in the constitution of Delaware. I think, if this body when they are satisfied that on other grounds the appli­ I have not been very unfortunate, that the Senate, or those Sen­ cant is not entitled, we on this side, conceding and believing that ators who have done me the honor to listen to me, will find how any argument made on that subject i'3 dehors the record and un­ little, how infinitesimally small these principles so much relied necessary, go into the argument for the purpose of showing that upon by the Senat-or from Oregon are in this case. In other he is not entitled on the facts of the case without reference to the words, sir, we are remitted, as in good sense and in good logic we strict rule which cuts out the Senate from adjudicating upon his ought to acknowledge we are remitted, to the written provi­ title. Of course section 5 of Article III and section 12 of Article II, sions of the constitution of Delaware itself. What that forbids as I have before stated, taken by themselves prohibit Mr. Watson is forbidden; what that commands must be obeyed. Now let us from exercising the office of governor. I admit that. / see what that is. There are three provisions in the constitution of Now, the question is, What effect has section 14 of Article III ! Delaware which are the foundation of all the arguments that have upon that question? The Senator from Oregon made a speech 3382 CONGRESSIONAL RECORD-SENATE. MARCH 31, which was admirable in all things but one-admirable in its ability, the term of four years from tlie third Tuesday in January. The admirable in the skill with which he manages a very difficult side, speaker-governor-! call him governor now-holds for a few but allow me to say, with due respect to myfriend, a speech which months only, from the time the vacancy happens until the new did not have in it one single solid constitutional truth taken plain .governor is qualified. Is not tlJ.ere an inconsistency? The gov­ and naked by itself. His reasonings are skillful, logieal, but always ernor of the State holds for four years while the speaker-governor from false premises, as I shall demonstrate before I get through, holds for a few months. That is one. not only to my own satisfaction, which is very easy to do, but I The constitution of Delaware says that the governor shall be am not entirely without hope that I can satisfy my candid and at least 30 years of age. The governor they make out of the ingenuous as well as ingenious friend the Senator from Oregon. speaker may be only 24 years of age. How does the Senator Mr. MITCHELL of Oregon. I am all attention. reconcile that? The con titution of Delaware says the governor Mr. GEORGE. I knowthe Senator is. The distinguished Sen­ shall have been an inhabitant and citizen of the United States for ator from Oregon spoke about the inconsistencies and incon­ twelve years the last six of the State. This new kind of gov­ gruities and all that sort of thing in the constitution upon the idea ernor they make of the speaker of the house of representatives that we advance, and he thought he had found a key by which all and of the senate may be an inhabitant of the State only tru·ee those inconsistencies and incongruities should be solved. That years. Now, let us go a little further. section of the constitution which has been read says in its first The constitution, Article VII, section 12, says: clause: No property qualification shall be necessary for the holding of the office of Upon any vacancy happening in the office of governor by his death, removal, governor. or inability, the speaker of the senate shall exercise the office. That is, for holding any office in the State except certain speci­ The distinguished Senator argued and seemed to think, and I fied ones, and the governor is not specified. Yet this new governor have no doubt does think, that if we will just interpolate after the which they make of the speaker of the senate must have 200 acres word " speaker " the further words " after vacating his office" of land or other property worth 85,000. There seems to be a little everything, every incongruity, eve1·y inconsistency, in the consti­ inconsistency and incongruity there. tution would be made harmonious. His contention is that the The constitution of Delaware says "the governor shall be speaker, not as speaker, exercises the office of governor, but that chosen by the citizens of the State," the per ons qualified to vote, the constitution merely nominates him or declares that he may be or in case of a tie, one of the two, by joint ballot, of the two governor. He discards the words "exercise the office of gov­ houses. That is the way the governor gets in by the constitution. ernor " and inserts the words '' shall be governor," and my dis­ He is to be chosen from all the citizens of the State who possess tinguished friend thinks that when he has done that he has the requisite qualificatiom;. He is eligible then to the office of gov­ removed every inconsistency. every incongruity, in the constitu­ ernor. Yet this new governor is elected as speaker by the mem­ tion of Delaware; and everything from that point upon his theory bers of one house alone and from the members of that house alone. goes along smoothly and easily and consistently. In the case of the senate there are just nine and only nine persons Mr. 1\IITCHELL of Oregon. May I ask the Senator a question in the State of Delaware who can be governor, and they are at this point? • elected by five persons; that is, a majority of the senate. Does Mr. GEORGE. Certainly. the Senator see no inconsistency, no incongruity, between those Mr. MITCHELL of Oregon. How does the Senator from Mis­ two provisions of the constitution? sissippi think he exercises the office of governor? Does he do it as Next, the governor is elected-that is, selected-for the place or speaker of the senate? office of governor. That is, when the men vote for him they vote Mr. GEORGE. I do not quite understand the Senator. for him to be governor. This new governor that they want to Mr. MITCHELL of Oregon. Does he exercise the office of gov­ make out of the speaker of the senate is elected for some other ernor as speaker of the senate ex officio? duties and may never be governor. and if he gets the office at all Mr. GEORGE. Of course I wish to answer all questions pro­ it is only by a contingency which may or may not happen. The pounded by the Senator at any time, but I will state to the Senator, other man goes in just on his election. Now, how are these without going into any argument upon the point now, that !have various provisions of the constitution, repugnant and contradic­ a full argument written out showing that to be so. I do not want tory as they are, on the theory of Mr. DuPont's friends, recon­ to go into it now. I have not reached that question. ciled? Mr. MITCHELL of Oregon. Then the answer of the Senator 1\Ir. GRAY. If the Senator will permit me, I -will point out is" Yes." another illustration. Mr. GEORGE. Yes. The PRESIDING OFFICER (Mr. CHILTONin the chair). Does Mr. MITCHELL of Oregon. Then allow me oneother question the Senator from Mississippi yield to the Senator from Delaware? right here, as I believe it will perhaps fill out the argument of the Mr. GEORGE. Of com·se. Senator a little better to present both sides. There have been cases Mr. GRAY. By the constitution of Delaware a governor is in Delaware where the senatorial term of the speaker of the sen­ ineligible for reelection, whereas no one can contend that a speaker ate who succeeded to the exercise of the office of governor and of the senate exercising the office of governor may not be nomi­ his term as speaker of the senate expired long before he ceased to nated for governor while he is thus exercising the office and be exercise the office of governor. In a case of that kind, his term as elected. That case has actually occurred. senator having expired, his term as speaker of the senate having Mr. GEORGE. I believe Governor Saulsbury had it consecu­ expired and he is still exercising the office of governor, is he doing tively. That is true. These are the inconsistencies which remain it as speaker of the senate? under the view of the Senators on the other side. 1\lr. GEORGE. I have an argument upon that subject which I Now, our theory reconciles everything. It happens to be a know will convince the senator. theory which not only reconciles this law, but it is a theory which .Mr. MITCHELL of Oregon. I should like to have an answer must be applied to every system of laws, human and divine, which to that question. was ever reduced to writing. I will read a well-settled canon of Mr. GEORGE. The constitution of the State of Delaware in construction from the brief of the counsel, and then I will call that very case prolongs his office as speaker, not as senator, until the attention of those who are paying any attention to this discus­ he fully discharges the commission which the constitution has sion to the point: imposed upon him. Where there are words expressive of general intention and of a particular intention incompatible with it the particular must be taken as an exception Mr. MITCHELL of Oregon. That is the answer? of. the general, and so all p~rts of the act will stand as a particular pro-ro ~ i­ Mr. GEORGE. That is the answer I make, and I will make my tion. General words in one clause may be restrained by particular words in argument directly. I do not want to make it now. a subsequent clause of the same statute. l\1r. MITCHELL of Oregon. · I do not think that will do. Or constitution, or Bible, or anything else. Sir, the Decalogue 1\Ir. GEORGE. I know the Senator does not. can not be construed itself without the application of this princi­ Mr. GRAY. I suggest to the Senator from Oregon that he wait ple. '' Thou shalt not kill." In other parts of the same great until he has heard the Senator from Mississippi. book, there is not only permis ion but command to kill public ene­ 1\Ir. GEORGE. The Senator from Oregon has not heard my mies and those who assault one's life, and yet the Decalogue says, argument. I hope the Senator, when he comes to consider this "Thou shalt not kill." There is not a constitution in the United matter very seriously, will discover that not only is my position States which must not resort to this rule to be understood. How true but that the contrary position is absurd. can the President of the United States and the Senate exercise the I was going back to say that the Senator thought he had fouud legislative power of making a treaty, so far as it is a law, when a key which solved all these inconsistencies in the constitution of all legislative power is vested in the Congress except under this Delaware. If he could just make the speaker governor and va.cate rule? The general words are to be qualified and restrained by the the office of speaker, then everything would go on smoothly. Now, particular words. They are to be construed as the exception. let us see how that is. Let us see if the Sena tor is not involved in There is no way known to man by which any writing whatever more contradictions and inconsistencies under that view of it than can be construed except in that way. You can not construe a con­ under any other that could possibly be presented. The constitu­ tract, you can not coJY.true a will, you can not construe a law, tion of the State of Delaware declares-! call the attention of the you can not construe a book upon any scientific or other subject \ Senator to this matter-that the governor shall hold his office for without giving the author the benefit of that rule. A general

} 1896. CONGRESSIONAL RECORD-SENATE. "3383

statement, a universal statement, in one part of it is to be co~si~­ exercise the office of governor," as l shall show before 1 get through.. ered as· qualified by the particular instances contrary to It m Instead of this plain and obvious method the very eJct;raordinary others. · language which, if it was. intended to expres~ that idea, is u~ed Now, we go on to that rule, a,nd what d~ we find out? ?;he two to which I now call attention. The language IS on thehappenmg first sections must be construed as meanmg "no person so and of a vacancy: so "shall be" so and so '' except as hereinafter provided," and it The speaker of the senate shall exercise the office until a gover.nor elected is hereinafter provided that the speaker shall be so and so. by the people shall be duly qualified. If there be no speaker of the senate, or upon a further vacancy happening in the office by ~s deat!J., removal, res!g­ That brinJ!s me to consider the meaning of this very important nation, or inability, the speaker of the house of representat1vesshallexermse section 14. I will read only the first clause of it now. The whole the office until, etc. · of it has been read: First, it will be noticed that in describing the second or further Upon any vacancy happening in the office of governor by his de!:!-th, re­ vacancy which might happen after the .speaker of the senate has .moval, resignation, or inability, the speaker of the senate sh.1.ll .exerciSe the commenced to exercise the office-and is, under the view of the office until a governor, elected by the people, shall be duly qualified. opposite side, a real constitutional governor, having become such The advocates of Mr. DuPont say this means the speaker shaU bv such exercise-that further vacancy is to occur, not fi·om the "be" governor or "become" governor. We on the.~tf!er . side say death, resignation, etc., of the governor, as they say the'' exer­ that it does not mean this; and we say further that if It did mean, ciser" of the office is, but from the death, resignation, removal, gov~or, as claimed, that the speaker be

etc., of tne governor, then the speaker of the house of representa­ The person holding the office shall continue to hold the same. tives shall become governor." That is the natural and proper That is exactly what they did in another case when they wanted way. If they intended that they committed a fraud upon the to prolong the office of sheriff and of coroner. The Senator, how­ English language and upon the people of the State of Delaware ever, is making me go ahead of my argument. Then thBy said, by using the language which they did. This is the- first trouble when providing for the term of sheriff and coroner, that the sheriff our opponents encounter. They will have more as they go along. and the coroner shall hold for two years, and hold until their suc­ It is well to notice now another position taken in the extra.ct cessors are elected. from the Senator's speech that I have read. It is claimed that sec­ The second clause devolves the right to exercise the office of . tion 14, now being considered, only makes the speaker of the sen­ governor on the speaker of the house of representatives only on ate ''eligible'' to become governor, gives him a preference right to two contingencies, one of which must happen or the exercise of become governor, which right he may accept and become gov­ the office can never come to him. I want the Senator to bear that ernor, or he may refuse and still be speaker of the senate. I in mind, because that is crucial. If he can break me down on that admit that this is the necessary and logical result of their position I will give up that part of the case. that he becomes governor. JI.Jy distinguished friend reasons cor­ The sole contingency in this part being," if there be no speaker rectly, but always from false premises. When, therefore, I show of the senate" at the time the vacancy happens, then the speaker of that this position can not stand with the words of the clause and the house shall exercise the office. If the speaker of the senate with other parts of the constitution, I overthrow the whole theory refuse the office and still remain speaker, a.s the Senc.tor from of the other side. Oregon contends logically and correctly from his premises, there The second clause devolves the right to exercise the office of remains after his refusal a speaker of the senate, for he is speaker governor on the speaker of the house of representatives only on still, a.s my friend says he is, and that being so, the casus of ' 1 no two contingencies, and I desire to call the attention of the Sena­ speaker" does not exist and the exercise of the office can not go tor from Oregon to that. It devolves it only on two contin­ to the speaker of the house, nor can it go to anyone else, as I will gencies, one of which must happen or the exercise of the office show further on. can never come to him. The first is expressed in the words, 1 if Now, I should like to ask the Senator a question. You say he there be no speaker," which, without doubt or possible room for may refuse the office of governor and remain speaker. You have controversy, means if there be no speaker of the senate when the got no governor yet. He refuses it. Where are you going to get vacancy happens. The Senator will agree with me, I know, about a. governor? You have two contingencies; one is that there be no that, for notice that the language is "if there be no speaker of speaker. That has not happened, because he remains speaker the senate," without adding-and I want to call the Senator's at­ according to your own theory. It does not say-I called the tention to that-what is said in clause 3 of the same section, where !:;enator's attention to this a little while ago-in the third clam:e 1 provision is made not to fill a vacancy, but to prevent one ' or re­ which I read, if he refuses to accept the office, then it shall go to fuse to take the office." I want to call attention to that. Recol­ the speaker of the house of representatives; but it says" if there lect the contingency upon which this thing is to go to the speaker be no speaker." But you say he is speaker; he remains speaker. of the senate or the house is if there be no speaker, not, as the How can you jump over the plain language of the constitution Senator claims, if he refuses to take the office. Those who are of the State of Delaware? following me in the constitution will commence at the last word Mr. MITCHELL of Oregon. Does the Senator from Mississippi on page 29 and read: contend that that clause is compulsory? If a person elected governor shall die or become disqualified before the Mr. GRAY. Certainly it is. commencement of his term, or shall refuse to take the same, the person hold­ Mr. MITCHELL of Oregon. And that whether he wills it or ing the office shall continue to exercise, etc. not he is compelled to be governor? So when provision is made for a man for the-exercise of the _Mr. GRAY. Just as much as anyotherdutybelongingto him. office of governor upon a refusal of somebody, the word "refusal" Mr. MITCHELL of Oregon. Does the Senator hold that a con­ is used. In this phrase there is no 1·efusal and there can be none. stitutional convention can declare that he shall act as governor, Mr. MITCHELL of Oregon. I do not wish to interrupt the either be governor or exercise the office of governor of a State, Senator unless he is willing to be interrupted. against his will? Is that the contention? Mr. GEORGE. I am perfectly willing. Mr. GEORGE. I will come to that directly. The Senator keeps Mr. MITCHELL of Oregon. I should like to ask the Senator getting ahead of me. But just now I will say that if he really from Mississippi a question right on the clause which he is dis­ vacated the office of senator and became governor, or became act­ cussing now so interestingly. Suppose a governor is elected by ing governor, the Senator is right; but if, as the constitution says, tl;\e people for the full term and before he takes the oath of office it annexes to the office of speaker the additional duty of exercising he dies or becomes disqualified. the office of governor, be can not refuse to exercise it until he Mr. GEORGE. Or refuses. resigns the office of speaker. Mr. MITCHELL of Oregon. Or refuses to take the oath. A Mr. GRAY. And it is compclsory. governor is then in office who had been elected previously by the Mr. BLACKBURN. That is sound. people. This clause provides that in a case of that kind the gov­ Mr. GEORGE. I call that to the Senator's attention. I think ernor-- I shall get every difficulty in his head removed before I get through. Mr. GEORGE. The old governor. Mr. MITCHELL of Oregon. Suppose the term of speaker ex­ Mr. MITCHELL of Oregon. The old governor shall continue pires-- to exercise it. Mr. GEORGE. I will answer all that later. It can not go to • Mr. GEORGE. But not continue to be governor. anyone else, nor can it go to the speaker of the house under the Mr. MITCHELL of Oregon. Well, I will come to that. It pro­ second contingency. There are two contingencies, one if there vides that the person holding the office shall continue to exercise were no speaker at the time of the happening of the vacancy, and it until a governor shall be elected and dilly qualified. Now, the the other if a further vacancy happens upon the resignation of question I want to put to the Senator from Mississippi is this: the speaker. It can not go to him under that, for there could be Does he, after the regular term has expired, cease to be governor? no further or additional vacancy happening unless it had once been Mr. GEORGE. He ceases to be governor in the constitutional filled by the speaker of the senate, and then only "on his resigna- sense and becomes a mere exerciser of the office, as I shall show tion, death," etc. · to the Senator before I get through. I have not overlooked that It is the same, original, and only vacancy that happened when point. - the governor died, resigned, etc., as stated in the first clause of Mr. MITCHELL of Oregon. He is governor, then, of the State the section. of Delaware for four years? So, under the construction placed on this section by the oppo­ Mr. GEORGE. For four years. site side, upon the mere refusal of the speaker of the senate to Mr. MITCHELL of Oregon. Until the time when the other accept, as they call it, the office of governor, all this carefully man wou]d have taken the oath of office, and after that, until devised and arranged section to prevent an interregnum in the somebody else comes in to take the office, he is not governor. government of Delaware falls to the ground, is utterly destroyed Mr. GEORGE. He is the exerciser of the office of governor, by the mere exercise of a plain legal right of the speaker of the and not governor. Though the Senator is making me anticipate senate, as they allege, to refuse to accept the office of governor. some part of my argument, I will state that if they had intended No other provision in the constitution supplies this. If so, point him to continue in the office of governor they would have said in it out. that case-they had the best opportunity in the world to say it­ I will point out the only one that looks like it. Let us see if 1 there is any comfort to the Senator and his friends in that. That ' the person holding the office shall continue to hold it." I will show you before I get through that "hold" always refers to the is found in the fourth clause of that section: original legal constitutional incumbent for the full term, and "ex­ If upon a. vacancy happening in the office of governor there be no other ercise" always refers to a temporary substitute. I will show you person who can exercise- before I get through that if it had been intended to prolong the Not who will- \ office of governor they had the best opportunity in the world for who can exercise said office within the provisions of the constitution, the doing it. secretary of state shall exercise the same, etc.

\I 1896. CONGRESSIONAL R.ECORD- SENATE. 3385

So it does not go to him because there is a person, the speaker of speaker, exercising the office of governor, was in fact governor and the senate, still in esse who can, if he will, exercise the office of held the office of governor. It is only a hasty and careless reading governor of the State. If there is any answer to that, I should of section 14 that could have misled the Senator from Oregon. An like to hear it. analysis of that section shows that the third clause, relied on by Mr. MITCHELL of Oregon. I am not responsible for any Oinis­ him, does not and can not refer to the speaker exercising the office sions in the constitution of Delaware. of governor. In the first place, this clause does not assume to Mr. GEORGE. If the Senator had given his attention a little supply a vacancy in the office of governor, but to prevent one. more to construing the constitution of Delaware as it was writ­ The speaker's sole connection with the office of governor is t o tfln, instead of framing one as he thinks it ought to have been supply or fill a vacancy which has already occurred. He has no written, he would not have fallen into that mistake. right anywhere in the constitution to exercise the office except A construction against the plain and clear meaning of the words where a vacancy has first occurred by either the death, removal, used, adopted only to meet an objection coming from a fancied resignation, or inability of the governor and by which occurrence theory as to the proper mode of making a constitution, can not he gets his sole power to exercise the office. He gets this power be adopted when it involves such absurdities in the constm.ction under the first clause of the section, and that clause continues of a constitution already made-made, too, uron a clear and his power to exercise the office, not- merely till a governor is express disregard of that theory. elected, but in express terms (I quote literally) "until a governor In opposition to this view we say that on the happening of the elected by the people shall be duly qualified." It is the qualifica­ vacancy no office is tendered to anyone, no preference right to fill tion of an elected governor, and nothing else. that terminates his an office is given; no acceptance or refusal of an office is either exercise of the office. If an elected governor for any cause, contemplated or tolerated; no qualification...of an officer is re­ whether by death,...resignation, refusal to accept, or by any other quired. The only office named or contemplated is the speaker of means, fails to qualify, then there is no governor elected by the the senate. The words used, ''the spM.ker of the senate shall exer­ people who has been duly qualified, and until this due qualifica­ cise the office of governor," in their plain and obvious sense com­ tion takes place the speaker's right and duty to exercise the office mands that speaker, that officer, to perform certain official duties are not terminated. So that this third clause can. not refer to the which the public good requires to he performed, the officer pri­ speaker exercising the office. To say it refers to him is to at­ marHy charged with them-that is, the governor-no longer being tribute to the framers of the constitution pure nonsense and an in existence. The speaker can not lawfully refuse to perform them nb. urcl~ty, because the commission originally got under the first any more than he can refuse to perform any other duty imposed clause of the section -extended all over the period which this third on him by the constitution and laws of Delaware. If he refusa clause was intended to supply. to perform these duties he is guilty of a high misdemeanor in his It does not refer to the speaker. That is clear. Now, to whom office of speaker, for which he may be impeached or removed from does it refer? The framers of the constitution of Delaware, I must office-removed from the office of speaker, not of governor. be­ suggest to my friend from Oregon, used the English language cause he never held that office. He can resign if be does not like with s0mewhat of care as to its force and meaning. It refers to the superadded duties, but if he does he must resign the office of the only person named in the constitution as havingtheright and speaker. That relieves him from the exercise of the office of gov­ power to exercise the office, and whose right to exercise the office ernor. But he can not resign that" exercise" alone; it belongs to would be extended or in the least affected by the clause in ques­ his office as speaker; for if he could resign that exercise, he still tion. That person also is the only person who in the constitution being speaker, the exercise would immediately come back to him of. Delaware is ever spoken of as '' holding " the office of governor as speaker, or it would be lost forever. It could go nowhere else, or called governor or declared to be governor. That person is as I have shown. the governor elected by the citizens of the whole State, or in case But it is said in opposition to this view that the speaker took an of a t.le, then chosen by the legislature on joint ballot from the oath to perform the duties of the office of governor, and that two persons having the highest and an equal number of votes. showed he was governor. The journal of the senate was read to His term of office is four years from the third Tuesday in January show that he took such oath. I answer, the oath was purely vol­ of an odd-numbered year. At that last date his successor has untary. There is no provision of law requiring him to take it. been elected and ought to qualify. If he does not qualify-for any The oath for all officers in Delaware is exactly the same. I will cause mentioned or for any cause-if the regularly elected gov­ read that. All officers in that State take the same oath: ernor be then in office, or, as the clause says, '' holding the office," Members of the general ac;sembly and all officers, executive and judicial, there would be an interregnum but for this clause, for the old shall be bound by oath or affirmation to support the constitution of this Stat-e governor holds for four years only. and to perform the duties of their respective offices with fidelity. ·Every substitute holds over the term, until a new governor That is the only oath required by the constitution of Delaware qualifies. The governor is the only one who stops with the end of to be taken by any officer of the State, except in two instances, his four years. If any substitute provided for in the constitution which I shall point out, and neither of them is the speaker of the be then exercising the office, he, whoever he may be, would, by senate. the express provision of the clause which gave him the authority If he was sworn again he repeated only an oath he had already to f':x:ercise the office, continue such exercise till the qualification taken. An oath once taken is as binding and effectual as if re­ of a newly elected governor, without depending in the least upon peated every day or thrice a day. this clause of the constitution. . There is no proyision in the constitution of Delaware for any Those provisions of the constitution to which I have just r e­ additional oath to any public officer when new duties are im· ferred contain in themselves an unanswerable demonstration that posed not appendant to his office except in two instances. "holding" the office of governor in this third clause of section 14 • One instance is the oath required to be taken by senators on does not in any way refer to the speaker of the senate or the trying an impeachment (see Article V, section 1), and the other speaker of the house of representatives exercising the office of is that imposed on members of the legislature who are selected to governor. But this third clause does, indeed, in using the words try the case of a contest for governor (see Article ill, section 2, last "the person holding the office shall continue to exercise it until," clause). In these two cases extraordinary duties are imposed on etc., show unmistakably that the words "hold" and "exercise" the senators and representatives of a judicial nature, and the have in the constitution of Delaware a distinctly different signifi­ constitution requires an additional oath. But in these cases the cation. clearly marked and carefully preserved. oath did· not install them into new offices nor vacate their old Mr. MITQHELL of Oregon. If the Senator will allow me, he ones. They were still senators and representatives, exercising an admits that a case might occur, a,nd perhaps has occurred hereto­ extraordinary duty imposed on them by the constitution as sena­ fore in Delaware, where the speaker of the senate has succeeded to tors and representatives, and they retain their character as such. the exercise of the office of governor and is in the exercise of that This ought to dispose of the oath voluntarily taken by Speaker office at a time when there has been a failure of the governor­ Watson, for it is certain that no man can swear himself into an elect to qualify. office to which he has not been designated, nor create an office not Mr. GEORGE. I think so. I think he holds on. established by law for him by taking an oath not authorized by law Mr. MITCHELL of Oregon. Then under what clause of the to perform the duties of such nonexistent office. But the advocates constitution does he hold on? of Mr. DuPont seek to maintain his cause by another equally un­ Mr. GEORGE. I will tell the Senator. warranted assumption. The Senator from Oregon referred to the Mr. MITCHELL of Oregon. There is nothing in the clause, it third clause of section 14, and I think my friend from Oregon, seems to me, which the Senator has just read, which would jus­ from the way that he talked about this, put a good deal of stress tify the interpretation that it relates only to the governor who upon it. That clause is in the following words: had been elected by the people holding the office. Mr. GEORGE. Every single substitute or ad interim or pro­ co!::n~:~~~te~efclrt~ ~~;:-~~r;Jl~. ~~'sh~e:~f~:e dft~~~~t:e b:!~:, t~: visional exerciser of the office of governor under the clause of the person holding the office shall continue to exercise it until a governor shall constitution from which he gets his power to exercise the office be elected and duly qualified. 'l holds it not only until the election of the governor but until the And the Senator from Oregon with, as I thought, an air of triumph, governor-elect qualifies; and so if a new governor-elect should ) claimed that in this clause, in the words ''holding the office," there r efuse to qualify the ad interim officer holds nntil the1·e is a j wan a distinct recognition and assertion in the constitution that the qualification. 3386 CONGRESSIONAL RECORD-SENATE . 1\tARCH 31,

:M:r. MITCHELL of Oregon. That maybe true; but this clause Mr. MITCHELL of Oregon. Not always, if the Senator will in a case like that undoubtedly refers to the person then in office allow me. I think that if the Senator will turn to section 16, page as well, it seems to me. · 27- l\Ir. GEORGE. It can not refer to a person as holding the Mr. GRAY. Section 16? office who never held it; it can not refer to the exerciser of the Mr. MITCHELL of Oregon. Section 16 of Article II, in regard office, because he holds it without reference to that clause. That to the State treasurer. It says: answers the Senator. This distinction is not accidental or casual, The State treasurer shall be appointed biennially by the house of repre­ but is preserved throughout that instrument. This di tinction is sentatives, with the concurrence of the senat~. ln case of vacancy in the that "hold an office" always refers to the original incumbent office of State treasurer in the recess of the general assembly, either through omission of the general as embly to appoint or by the death. removal out of selected in the mode prescribed in the eonstitution for a full the State, resignation, or inability of the State treasurer. or his failure to term, while universally an officer clothed by the constitution with gi>e security, the go>ernor shall fill the vacancy by appointment, to continue power to perform the duties of another and distinct office, or until the TJ.ext meeting of the general assembly. authorized to perform duties belonging to another office, is always Mr. GEORGE. It is continuing the appointment. That is all. so clothed, so authorized to do so by the use of the words "exer­ That · s an exception. But everything else is as I have stated. I cise the office " or '' exercise the powers" vested in another officer. admit that that is an exception. In other words, "exercise the office" or "exercise the powers of Mr.l\fiTCHELL of Oregon. I just happened to see that section.. an office" refers to an officer already holding an office, who, by Mr. GEORGE. Let us come to section 13 of Article VI, and see these words, is made for a limited time, ina particular emergency, how this theory of mine runs out, and how the Senator 's theory the "exerciser" of duties which do not ordinarily attach to him will come, making "exercise" "hold": in the office he holds. .• Until the general assembly shall otherwise protide, the chancellor shall In this very third clause this distinction is clearly marked. It exercise all the powers which any law of the State vests in the chancellor, is not said that the ''person holding the office" shall continue to besides the general powers of the court of chancery. hold it '• until a new governor is qualified." That would have been the natural anQ. obvious way in which to express the idea of a pro­ Tbat is where extraordinary powers ai·e conferred u pon a regu­ longation of the original term of the office. That is the way in lar-named officer. Here is another: w hich is expressed the prolongation of the terms of the only two And the chief justice and associate judges shall each singly exercise all the officers whose terms are prolonged or extended by the constitution powers which any law of this State vests in the judges singly o! the supreme of Delaware. In Article VII, section 3, it is provided that the court or court of common pleas. sheriff and coroner "shall hold their respective offices for two By this constitution the supreme court and the court of com­ years * * * anduntiltheirsuccessorsaredulyqualified,"thus mon pleas were abolished, s_p that if the Senator's construction of making them full constitutional officers, entitled to their official the exercise of the powers or an office be correct, it had the effect names, not only for the term of two years, but also for the addi­ in this case to resurrect two dead offices, which were abolished by tional time which might intervene between the exp:b.·ation of the the constitution. t wo years and the qualification of their successors. The speaker '' shall exercise.~· The secretary of state shall " ex­ That is the only instance in Delaware where there is provision ercise" in case of vacancy. The person holding the office of gov­ made to prolong the constitutionalofficeof theincumbent. They ernor shall continue to "exercise." If there be no person who have adopted that language in one place, and why should they not can exercise the office, the secretary of state shall exercise it. h ave adopted it in another if they meant the same thing? That is another vacancy. The governor of last year shall exer­ Why this was not done in this third clause is to be accounted for cise. That is a clear case. I have not called the attention of the only on the idea that the constitution had already, in Article III, Senate to that point, but I tell you the constitution is full of section 3, said "that the governor shall hold his office for four refutations, and you can not put your finger down without find­ years/' and that the framers of the constitution would not pro­ ing a refutation of th~ Senator's theory. ;Let us see. We will long it. They meant to use that person so holding the office to get to that directly. I want to call the Senator's attention to it. prevent an interregnum in the contingency mentioned, but to "If the trial of a contested election shall continue longer than accomplish this in the same way exactly that they had provided until the third Tuesday of January next ensuing the election of a for preventing an interregnum in the same office in other con­ governor "- that is the time when he has to be installed under the ting-encies by other officers, the speakers of the senate and house constitution- " the governol'of the last year," etc. Now, it names and secretary of state; so at the expense of changing the phrase­ him, instead of as before holding the office, "governor of the last ology and using some circumlocution they substituted ''exercise" year." He is· not to continue to be governor. but he shall continue for ''hold."' · to exercise the office of governor or the executive authority in that I now show how ''exercise" and '' hold " are used in the con­ case. This ought to be conclusive. But it is said that the effect stitution of Delaware. of section 14, article III, is only to make the speaker eligible to If the Senator from Oregon, or any other Senator who wants become governor. That is the distinct position of the committee to follow this argument closely, will refer to the constitution of and of the Senator from Oregon. How eligible, except by dis­ Delaware, Article III, section 3, he will find that- pensing with the conditions which are prescribed in the constitu­ the governor shall hold his office during four years- tion as qualifications fot the office and adopting those prescribed in section 14? ·That is the only way you can do it. There is no Not exercise it, but shall hold it. other mode known to man in which eligibility to become governor Article VI, section 14, provides that- can be effected by section 14. That eligibility consists in the fact, t he chancellor and tho judges shall respectively hold their offices during and in that fact alone, "that he is speaker of the senate," when good behavior. the vacancy occurs. If there be any other claim I would be glad· Article VII, section 1: to have it mentioned here and now. I ask for a statement. The sheriff and the coroner shall hold their respective offices for two years. Mr. MITCHELL of Oregon. There is no other claim. Mr. GEORGE. There is no other claim. That is right. These are all for original terms. Then we reach the point that being speaker constitutes the eli­ In filling vacancies in the senate and house, where the new man gibility to become governor. Yet the contention is that as soon is elected in the same way as the old, and is necessarily from the as the speaker so mane eligible to exercise the office-or, if the other nature of his office a full officer, the word hold is used. You can not side prefer, to become governor-accedes to the place, his eligibil­ haye a provisional ad interim repre~entative or senator. ~e i_s a ity is lost-gone forever. Or put it more sharply, the fact or con­ full senator or he is a full representative. Sowhen the constitution dition of being speaker constitutes his sole eligibility to exercise comes to speak of filling vacancies in the office of senator or rep­ the office or to become governor. As soon as he becomes gov­ resentative, the language is different from that in any other part ernor he loses his eligibility, and is therefore no longer elig1ble to of the constitution as to filling vacancies, for it is said as to the the place. Does this logic need refutation? And yet that is the new man that he shall "hold." exact position of the other side. Mr. GRAY. He is to be elected by the people, in the same way Mr. MITCHELL of Oregon. If the Senator will allow me, I as the original man was elected. wiU state that the exact position of the other side is simply that Mr. GEORGE. In the same way. the constitution makes him eligible to become governor just as a Article II, section 13, provides: man who may be 30 years of age and who has the other necessary When vacancies happen in either house writs of election shall be issued qualifications is eligible to become governor. • • * * and the persons chosen shall hold their seats- Mr. GEORGE. Would it not be singular if then, as soon as he Not exercise the:b.· office. becomes 30 years of age, he loses the qualification? 1\Ir. President, I have shown that wherever the constitution of Mr. MITCHELL of Oregon. Oh, no­ Delaware refers to the occupancy m· holding or exercise of the Mr. GR.A. Y. Ceases to be 30 years of age? original term, when. he is elected and come~ in in the regula:r Mr. GEORGE. I should like very much to get into the office co!lstitutional way, It always says he holds his office or holds his of governor of Delaware if it would put me back twenty or thirty seat. Now I mean to say that when t hey refer t o an ad interim, years, under the construction wh1ch the Senator from Oregon puts a provisional man, they always say " exer cise." on this clause. 1896. CONGRESSIONAL RECORD-SENATE. 3387

THE ARGU fE -T TO SUSTAIN OUR VIEW. There the word ''holding" is used- Up to this point I ha.ve been mainly eng.aged in answer~ng ?b­ No person * * * except officers in the militia, holding no disqualifying jections of our opponents .to our construction of the cons~Itution office, shall, during his continuance in Congress or in office, be a senator or of Delaware, without stating the argument fully on our s1de. representative. I now do this more fully, and in doing so will answer other There the word ''holding" is used. objections. Then section 5 says: We are to construe the constitution by giving force to each word No member of Congress nor person holding any office • • • ·shaJl ex­ in it in its plain and ordinary signification, unless the context ercise the office of governor. shows that some other snecific meaning was intended. The Senator has stated that if those two clauses stood alone Recalling that the word "hold," without exception, is used in and there was no other reason why Mr. DuPont should not be its ordinary sense-the possession of an office by an actual, legal seated, he thinks he ought to be seated, as I understand him. It incumbent, selected in the mode prescribed .for a full term named refers to the speaker of the senate as holding an office. in the constitution-and that "exercise" 1s always used to de­ Mr. GEORGE. The speaker of the senate does hold an office. scribe that which a provisional and ad inte1·im substitute may do Mr. :MITCHELL of Oregon. The speaker of the senate as hold· in supplying a vacancy, I proceed with this duty. ing the office of governor. Referring to section 14 of Article ill, we find that ?~ th~ hap­ l\fr. GEORGE. No; it does not. pening of a vacancy in the office of governor the proV1s1on Is that Mr. GRAY. No. "the speaker of the senate shall exercise the office until a governor Mr. MITCHELL of Oregon. Certainly. elected by the people shall be duly guali.fied." Mr. GEORGE. Where? The language is mandatorY:, not permissive-t~e ~peak~r "shall Mr. MITCHELL of.Oregon. Or else the Senator's admission is exercise" it. He has no opt10n; he must exerciSe It or mcur the not well grounded. condemnation of disobedience to the constitution, which he has Mr. GEORGE. Where does it say that the speaker holds the sworn to obey. The constitution in this very section avers that office of governor? there may be "no speaker." The speakership always exists, b"t~t ·Mr. MITCHELL of Oregon. The Senator must put that con­ there can not be a speaker unless there be a person in esse who struction upon it or else it amounts to nothing. bas been chosen to that office in pursuance of the constitution, Mr. GEORGE. There is nothing in that argument. Read the and who still, at the very moment spoken of, holds tJ:e office. clause where you say it is plainly inferable that the constitution The union or connection between the office and the officer who of Delaware says that the speaker of the senate holds the office of holds it is indissoluble. The fad that a person actually holds governor. . the office is the essential fact to constitute him speaker. When :Mr. MITCHELL of Oregon. Both of those clauses in speaking he enters the office he becomes speaker; when he goes out of the of both members of the legislature and governor speak of them office he is no longer speaker. So that speaker always means as holding the office. the officer who, at the time indjcated, holds the office. We may Mr. GltORGE. Holding the office of what? Not of governor. conceive of the office without an incumbent; it is then the "speak­ Mr. MITCHELL of Oregon. One as holding the office of gov­ ership." But it is inconceivable that there should be a ''speaker" ernor and the other as holding the office of legislator. who does not hold the office-that is, who is not an officer filling Mr. GEORGE. That is what I have said all along. When, the speakership. . however, it speaks of the original incumbent it says "hold." So that when a duty is imposed on the speaker it is always im­ Whenevet· it speaks of an ad interim, a provisional officer to take posed on the officer who holds the speakership, and when a man­ care of the office during the interim, it says "exercise." date is laid on the speaker it is laid on the officer, to be obeyed by Mr. MITCHELL of Oregon. This applies as well to a person the officer, and by no one else. Where th~ mandate is.acontinuing who succeeds to the exercise of the office as to a man who is elected one, requiring for its obse-x:vance the ~mng o~ a senes of acts to governor. be performed during a considerable penod of tlme, when he ceases Mr. GEORGE. I do not see it. I do not understand the Sen- to be speaker the mandate n~ longer applie_s to him, ~less ~s ator's argument. office be continued p1·o hac mce to enable hm:1: to obey lt, but m Mr. GRAY. The Senator from Oregon is begging the question. that case he is still speaker so far as the execution of the mandate Mr. MITCHELL of Oregon. Oh, no. is concerned. Mr. GRAY. That is the very question we have been discuss­ The command in the constitution is that the speaker-the offi­ ing, and the Senator from Oregon says the clause in the constitu­ cer-shall exercise the office of governor. If we construe this to tion to which he refers is as applicable to a person who exercises mean that he shall be speakm· at the moment the mandate is ~ai.d the office as to one who holds the office. on him, but from that moment he ceases to be speaker, then 1.t 18 Mr. GEORGE. I defy the Senator from Oregon, or any other certain that it is not the speaker but an ex-speaker that exercises Senator who advocates his side of the question, to put his finger the office when the constitution says the speaker shall do it. on that clause of the constitution which says anything about the In that case we reach this absurd conclusion: That the consti­ speaker of the senate holding the office of governor under any cir­ tution selects the officer-the speaker-to exercise the office of cumstances whatever. It is not in the constitution. If you get governor, commands him eo 1~omine to exe!cis~ it, and then at the it in there you interpolate it. If you get it in there you not only moment he begins the exerCise the constitution says he shall no interpolate it, but you obliterate language which is directly longer be speaker, and he shall exercise the office, not as spe:;tker, opposed to it. as be is commanded to do, but as one who has been but 18 no On this point I will add that" become" governor, as thephraseis longer speaker...... · in the constitution of Pennsylvania, is altogether an instantaneous I can notthinkthegreatab1lityofthed1stmgU1shedSenatorfrom operation and can not be repeated. If a man once becomes gov­ Oregon can make this proposition a:ccep~able to anyo~e. who has ernor, he is, without any further '' becoming," governor till the not determined beforehand that he will reJect no propos1t10n, how­ end of his term. He does not become governor anew every time ever absurd which may be necessary to seat Mr. DuPont. he performs an official act. On the other hand, the act of " exer­ Mr. MITCHELL of Oregon. Will the Senator from Mississippi cising" the office of governor is performed every time an official allow me? duty is performed till the end, so that when the constitution com­ Mr. GEORGE. Certainly. mands the speaker, the officer, to exercise the office of governor, it Mr. MITCHELL of Oregon. I understood the Senator from commands that speaker, that officer, not only to perform the first Mississippi to state at the outset that if th~re we~e in the con~ti­ official act as speaker, but every other official act, up to and tution no other provisions bearing upon this subJect than sectiOn including the last. 12 of Article II and section 5 of Article III, there would be ground Clear as this reasoning makes out the case against Mr. DuPont, for holding that 1\ir. Du P.ont is entitled to his seat. yet the importance of this matter is such, not only to the people Mr. GEORGE. No; not that. There would be ground not for of Delaware but to the friends of constitutional government holding that :Mr. DuPont ~s entitled to his seat, becaus~ there a!e everywhere, I feel that I ought to adduce a further argument many other things on wh1ch he may be excluded, which I Will which in my judgment settles this controversy. show the Senator before I get through, but for holding that Mr. Watson was not a proper member of the legislature. THE AMEI\"'DED CONSTITUTION. Mr. MITCHELL of Oregon. I wish to ask a question which I The present constitution of Delaware, in numerous instances, will premise by: a statement of a word or two. The Senator has refers to itself as "the amended constitution," and to changes been at least annour in trying to demonstrate the falsity of the made by it in the prior constitution of 1792 as "amendments to argument of the other side by pointing out that the.word "hoi~" the constitution." We therefore can, and even must, under a is used in the Delaware constitution whenever applled to an orig­ well-recognized rule of construction, refer to the former as a inal incumbent. I wish to call the attention of the Senator from proper aid in construing the later and amended constitution. Mississippi to a fact, and then to ask him if it does not destroy that Doing this, we find a provision in the former constitution (of 1792) argument altogether. In the first place, section 5 of Article ill which makes it absolutely certain, if certainty already attained and section 12 of Article II, contain these provi.sions: can be made more certain, that the command in section 14 of the No * • * person holding any office under the United States, or this present constitution, which we are now construing-" the speaker State, etc. of the senate shall exercise the office" of governor-is addressed to 3388 CONGRESSIONAL RECORD-SENATE. MARCH 31, him in hia official character as speaker and not to him as a person. office under the State shall exercise the office of governor. How In that constitution of 1792 a provision is made to fill a vacancy can he exercise the office of governor if he is holding another office? in the office of governor happening at a time when there was no Mr. GEORGE. In virtue, as I explained here at great length, of speaker of the senate or of the house, and no other officer in whom the exception made to that by the positive provisions of section 14. the framers of the constitution were willing to vest the exercise Right here, since I have been interrupted, it reminds me that I of the office. They found themselves under a necessity to give ought to call the attention of the Senators who have taken so this exercise to a person without reference to any official position much interest in this matter, very much to my gratification, to he then held. another provision in the constitution. They have paid some at­ They did this in the following language: "The executive au­ tention to what I was remarking here, and I call their attention thority shall devolve upon the person who was speaker of the to another provision of the constitution of Delaware, which I council at the next preceding session of the general assembly," omitted in the proper place. I think when they get over that they and then" on the person who was speaker of the house of assem­ will have some trouble. bly at the said next precedinp: session." Mr. MITCHELL of Oregon. If it is of so much importance the :Mr. GRAY. From what does the Senator read? Senator ought not to have forgotten it. Mr. GEORGE. I am reading from the old constitution. l!lfr. GEORGE. I did pass it over. Mr. GRAY. What part of it? Each house shall choose its speaker and other officers. Mr. GEORGE. I have not the page here. Section 12 of the same article provides that- Mr. :MITCHELL of Oregon. The old constitution? No * * * person holding any office under this State • * • shall be a Mr. GEORGE. The preceding constitution. senator or representative. Mr. GRAY. The one that was amended. When they elected a senator speaker of the senate how do you Mr. 1\liTCHELL of Oregon. The constitution of 1792. reconcile it with the positive prohibition in the twelfth section? Mr. GEORGE. There can be no mistake about this meaning. He is an officer. This language to designate a person, not an officer, had by this Mr. MITCHELL of Oregon. I reconcile it by the fact that as · use in the constitution of 1792 become naturalized-if I may use soon as he becomes a governor he ceases to be senator. the expression-at all events, had been adopted as the constitu­ Mr. GEORGE. I am not talking about governor. I am talk­ tional form of expression for the idea that the devolution was on ing about the provision which I will read. I have not made my­ the person. And so if the framers of the constitution of 1831, self fully understood. having this old constitution before them and amending it, had Mr. MITCHELL of Oregon. Probably not. meant to express the same idea. they would have used the old, Mr. GEORGE. Section 12 provides that- recognized constitutional language already adopted for that pur­ No * * * person holding any office under this State * * * shall be a pose instead of language which meant exactly the contrary. senator or representative. Another provision in the constitution of 1792 makes the con­ I have left out a good deal, but that is the substance of it. struction we contend for so plain that when it is called to the Section 5 of the same article says: attention of the Senator from Oregon I indulge the hope, with The house shall choose its speaker and other officers. some confidence, that he will abandon Mr. Du Pont's case and Now, how can the speaker of the senate, when chosen to that allow the people of" Delaware to enjoy and live under their consti­ office, be a member without violating section 12, which I have tution as they made it. just read? Do you say he is not an officer? 1\Ir. MITCHELL of Oregon. There is one clause of the consti­ Mr. MITCHELL of Oregon. He is an officer. tution on which I should like to hear the Senator, if it will not Mr. GEORGE. How, then, can the senate of Delaware elect disturb him. one of the senators to the office of president without violating sec­ Mr. GEORGE. If the Senator will call my attention to it, tion 12 of the constitution, which provides that no person holding although I will not say I will do it now, I will do so before I get any office under the State shall be a senator or representative? Does through. the Senator think he vacates the office of senator when he is elected Mr. MITCHELL of Oregon. It is section 1 of Article Ill. It speaker of the senate? is very short, containing only 13 words: Mr. MITCHELL of Oregon. My impression is that there is a. The supreme executive powers of the State shall be vested in a governor. clause in the c.onstitution which provides that they shall elect one When the speaker of the senate succeeds to the exercise of the of their own number speaker. office of governor, I understand the argument on the Senator's Mr. GEORGE. It is not in there. It only comes in there by vir­ side to be that he is not governor. Where are the supreme execu­ tue of common parliamentary law. tive powers of the State vested then during the time he exercises Mr. MITCHELL of Oregon. Then that is a part of the law of the office of governor? the State. Mr. GEORGE. The Constitution of the United States says the Mr. GEORGE. If that be so, if we can read section 5-- executive power of the United States shall be vested in the Presi­ Mr. MITCHELL of Oregon. My impression is there is a direct dent of the United States, and before the framers of that instru­ clause in the constitution. ment get through with that section they authorize Congress to Mr. GEORGE. There is not. provide by law for a. person to act as President in case of the Mr. MITCHELL of Oregon. Have you examined it carefully? resignation, disability, or death of the President and Vice-Presi­ Mr. GEORGE. Oh, yes. It is not there. Now, then, we are dent. In 1792 Congress, in pursuance of that provision, named to read section 5 as if it read this way: "Each house shall choose as the officer to act as President the President pro tempore of the its speaker from its own members and other officers." That is Senate, and it has never been held or suggested, but on the con­ what the Senator means, then? trary everybody admits that that man, although he would act as Mr. MITCHELL of Oregon. While the office of speaker is an President, would not be President of the United States. He office in one sense it is not an office under the State. He is a. would act as President, and if he acts as President he must exer­ senator, and simply by virtue of the fact that he is senator and in cise the powers of President. If he exercises the powers of Presi­ virtue of parliamentary law he is selected to preside over the sen­ dent and still remains simply the President pro tempore of the ate. That is all there is to it. Senate, as is admitted on all hands here, I do not see why it could 1\fr. GEORGE. Does the Senator deny that he is an officer un· not be done in the State of Delaware. der the State of Delaware? There is another answer to that question, and if the Senator Mr. MITCHELL of Oregon. He is not a distinct officer under will wait until I get through he will see it all answered. The the State of Delaware. He is not an officer under the State of office of governor was vacant. This is a temporary provision to Delaware within the meaning of that clause of the constitution, prevent an interregnum by the selection of another officer, not to in my jud!nllent. be governor, but to exercise the powers of governor. While he Mr. GEORGE. That may be so, if you want to put any mean­ may exercise the supreme executive power vested in the governor, ing to it, but he is an officer under the State of Delaware. he is not governor, because the constitution says he is not. That Mr. MITCHELL of Oregon. He is a State senator; that is the is all there is in that. office he holds, and by virtue of that office and only by virtue of Mr. BURROWS. Will it trouble the Senator from Mississippi that office and by the consent of his fellows, he is permitted to if I ask him a question? preside and exercise the duties of speaker. Mr. GEORGE. Certainly not. Mr. GEORGE. Do you deny that the office of the speaker, Mr. BURROWS. I understand the Senator to contend that then, is a distinct office from senator? Watson was a senator? Mr. MITCHELL of Oregon. The Senator can designate it as Mr. GEORGE. A senator. he likes. Mr. BURROWS. Holding an office? Mr. GEORGE. Here is the way it reads: ':Each house shall Mr. GEORGE. Holding an office. choose its speaker and other officers." What does the phrase Mr. BURROWS. And simply exercisingtheofficeof governor? ''other officers" mean if it does not mean the speaker as an officer? Mr. GEORGE. That is ;what I contend. Mr. MITCHELL of Oregon. Then there is a distinct provision, Mr. BURROWS. I was not in when the Senator explained the just as I supposed there was, authorizing them to select one of fifth section of Article III, which says that no person holding any their number as a speaker. \ 1896. COI~GRESSIONAL RECORD-SENATE. 3389

Mr. GEORGE. If a distinct provision authorizes the senate of Mr. HOAR. I do not know whether the Senator from Missis- Delaware to elect one of its senators to a distinct office under the sippi intended his invitation to any other Senator to accept now. State of Delaware in contravention of Article XII, section 2, which Mr. GEORGE. You may go on if you desire to do it. I have read, why may not section 14 require the same speaker to Mr. HOAR. It seems to me the answer to the Senator's propo- exercise the office of governor? I should like to have that ex- sition is not a difficult one. Of com·se, nobody expects to take plained. Here is the constitution of Delaware, which says, " No these constitutional provisions with the literal exactness of phrase person holding any office under the State." That is the word used. that you apply to a plea in abatement or to a demonstration in / Let me see if it is no~ ''any": logic. For instance, when the constitution of Delaware says that No person * * * holding any office nnder this State * * * shall * * * no person holding any office under the State shall exercise the be a senator or representative. office of governor, I suppose my honorable friend himself, unless Mr. MITCHELL of Oregon. The trouble with the Senator from he were driven into a very small corner indeed, would not claim Mississippi is that he is now trying to construe the constitution of that it meant the person who held the office of governor. Delaware by simply taking one clause instead of taking the two I suppose something is applied between the lines in all constitu- clauses of the constitution together. tions, especially in so excellent a State as Delaware, and words Mr. GEORGE. I am taking it all together. I am going to show have a little common sense in construing this instrument; other­ by taking them all together that it lets Mr. Watson in as speaker wise it will not work. When they say that the senate or the house of the senate as well as it lets him in as a member of the legis- of representatives may choose its own presiding officer, although lature, holding the office of speaker. they say in the same instrument that no person holding any office Now, if anybody denies that he was speaker, the constitution under the State shall be a senator or a representative, they are expressly refers to him as speaker. I call attention to that point. speaking of legislative bodies, in which the uniform practice of It is not an honorary office. It is an office with certain specified, all mankind that have free governing bodies is that the presiding distinct duties as speaker. He can issue a writ of election. That officer is taken from among the members, and a speaker of the is a pretty high function for him to perform. I will tell you an- house of representatives or president of the senate is expected as other thing he can do, and it will help the Senator along a little, a matter of course to be one of the number, except in the few in­ I think, in his incongruities of this constitution. I want to call stances where States have provided the contrary. It would, I sup- / attention to it. In the first place, I want to call attention to the pose, shoclr the whole sense of the country if we were to choose fact that he is called an officer directly. a President pro tempore of this body who was not a member of The returns of every election for governor shall be sealed up and immedi- the Senate, though there is nothing that I now recall in the Con­ a.tely delivered by the returning officers of the several counties to the speaker stitution which prevents it, So you construe it. Even the Sena­ of the senate, or, in case of the vacancy of the office of the speaker of the tor from Mississippi does not claim to construe that provision as senate- prohibiting a Senator from being chosen to the office of presiding Then it shall go to somebody else. I want to tell you another officer, or ading as such, whatever particular phraseology has great power which the speaker has which seems to be, according been used. to my friend from Oregon, a very incongruous and inconsistent On the other hand, when you come to take a member of a legis­ thing. This very same speaker, when there is a tie in the popular lative body and make him governor of a State or President of the vote for governor and that is referred to the legislature, as speaker United States, you have got two offices in regard to which the and as senator votes for one of the two for governor, and when universal sense of the country is declared. In all constitutions there is a tie there, he votes again for governor. the universal sense of the people of that generation, as declared in Mr. LINDSAY. It is New Hampshire over again. writers whom they followed and studied, like Montesquieu and Mr. GRAY. That is a pretty important office. Sidney, both of whom have very strong statements on this subject, Mr. GEORGE. A pretty important office. is that the two things shall not go together; that the man who is Mr. MITCHELL of Oregon. The only trouble between the to make laws shall not execute them. Therefore, when you in- Senator from Mississippi and myself in regard to these two offices, quire in regard to these two offices, whether the man who held an if you choose to call them so-that is, governor and spea~er of the executive office should not be a legislator, and the reverse applies senate-is that I insist there is an express provision of the consti- to the one or the other, you have got a general proposition where, tution which authorizes the senate of the State of Delaware to as a matter of course, the presiding officer of a body is to be taken choose one of their own number speaker. from the body by the universal understanding of mankind. You Mr. GEORGE. But it is not in there. have got another where, with the exception which, if I am not Mr. MITCHELL of Oregon. I am stating my claim. I will trespassing too much on the patience of the Senator, I will state make my claim and then l will hear the Senator's, and we will see presently-as a matter of course the two men can not do the same the difference. I insist that there is an express provision in the thing at once, and therefore, when the question comes whether constitution authorizing that thing to be done, and, therefore, that the exercising .the one vacates the other, the general proposition provision must be taken in connection with the other provision of the constitution applies, and there is no reason why it should which says that- not. Applying the general proposition of the constitution to that No person * * * holding any office underthisState * * * shall * * carries out the universal desire of the American constitutions be a senator. framed in all the States in the nation and the universal principle Mr. GEORGE. The Senator is exactly right about that. which applies to such things. :Mr. MITCHELL of Oregon. Then, on the other hand, the Sen- I do not claim that the two offices are absolutely incompatible ator from Mississippi claims that there is an express provision, as in the sense that the two things can not be done~ as when you I understand him, authorizing that same speaker to exercise the would say that an office to be performed in Washington and an office of governor. I admit that, but I contend that the moment office to be performed in London at the same time are incompati­ he takes the oath of office as governor and enters upon the exercise ble, but I mean incompatible according to the established policies of that office, then he ceases absolutely to be speaker. of the people of that generation in framing governments. Mr. GEORGE. Why did not the speaker when elected speaker Now, there is one exception to that which I should like to state of the senate vacate that office under the same kind of constitu- if I am not abusing my honorable friend's courtesy, and he is very tional rule? com·teous in allowing me to make this statement. He invited it Mr. MITCHELL of Oregon. For the simple reason that in one himself. There are certain ca.ses which the people of the United case there is absolute incompatibility, as I think, while in the States provided for which you may speak of perhaps as vacancies other case there is complete compatibility. in the second, or third, or fourth degree. Of course the country Mr. GEORGE. Now, Mr. President, I supposed the Senator or a State can not go on without somebody all the time capableof would land on that. There is no incompatibility between the leg- acting as the chief officer, commanding the troops, seeing that islative officer exercising, as I have shown already here in my the laws are faithfully executed, and doing all the other numer­ ar~mnent, the executive office. There is none whatever at com- ous functions that are attached to the chief executive office. In mon law, and none under the constitution, unless there be an ex- general. thepeoplehaveprovided for the case of a vacancy by death press provision to that effect. If the Senator from Oregon, or any o1· inability by having one man set apart to be ready in the con­ other Senator who listens to me who wishes to reply to anything I tingency which has happened, I think, four times in our national have said on this subject, will show to me how he understands that history, and which has happened in all our States, to step into the there is incompatibility at common law between the exercise of office of the chief executive. the office of a member of the legislature and an executive officer, In Massachusetts the lieutenant-governor is the president of the I should like to have him do so. council and acts as one of the council of the State. In the United Mr. HOAR. What does the Senator from Mississippi mean by States the Vice~President is President of the Senate and presides incom patibili ty? over this body. We do not take our Vice-President from the body Mr. GEORGE. I am trying to mean exactly what the Senator .itself, as was expected. lie is kept on hand and set apart from all from Oregon means, an incompatibility which means he can not other things. But you can not go on forever in that way. There hold two offices, a legal incompatibility, such an incompatibility 1 might come a pestilence or an invasion by an enemy or a calamity as prevents one man from holding both offices. That is what I like the explosion of the steamer on the Potomac River that ( mean. happened years ago, where the President and Vice-President I ..

3390 CONGRESSIONAL RECORD-SENATE. MARCH 31, would both be killed. That might happen, perhaps, once in three of the president and of the speaker of the council, two additional or four centuries, as it happened he1·e in one hundred and seven governors in posse-quite a number of governors for so small a years of this Government. It never happened, I believe, in a State as Delaware. The same construction of words as adopted single State of the Union that the governor and lieutenant-gover­ by the Senator from Oregon applied to the constitution of :Massa­ nor both died at the same time, but still in that most extraordi­ clm etts would give that State eight governors to fill a vacancy nary anJ unexpected and unljkely contingency our ancestors did in that office provided for one only. not leave the thing to be without some remedy, and in that case If executing the powers of the office of governor makes a man they said, " We must, of course, take some exi ting officer and let governor, then, under the constitution of Massachusetts, as I have him, whatever may be the inconveniences, add the duties of chief just stated, they would have eight governors. Article VI of chap­ executive to that of his existing office." ter 2 of the constitution of Massachusetts says: That is what they did in the Constitution of the United States. ART. VI. Whenever the office of the governor and lieuten..1.nt-governor shall They said that if the President and Vice-President both died Con­ be vacant by rea:: on of death, absence, or otherwise, then the council, or the major part of them, sh.1.ll. during such vacancy, have full power and author­ gress should determine what officer should act as President, and, ity to do and execute all and every such acts, matters and things as the gov­ as I stated once before on a very important occasion, in my judg­ ernor or t.he lieutenant-governor might or could, by virhie of this constitution. ment in that case, however inconvement it must be by the law pro­ do or execute, if they, or either of them, were personally present. viding for the President of the Senate and the Speaker of the House If the power to execute the dutie of the office of governor succeeding, while constitutional, of which Iexpressnoopinionnow, makes a man governor as it is insisted in this case that it does, the President of the Senate must have acted as President of the then under the constitution of Massachusetts in case of a vacancy United States! and we could have changed him every morning. in the office of governor and lieutenant-governor the council does They took that risk. The Constitution did not put that officer in. that thing, and, therefore, there would be eight or nine who would The Constitution simply said that Congress might designate the all be governors at the same time. officer, but the first Congress, owing to the dislike of Mr. Jefferson, Nor can the other side avoid the force of this by stating that in who was then Secretary of State, did not want to make the present the clause quoted from the constitution of 1792 the words used arrangement that we have, and made the provision for the Presi­ are" shall exercise the executive authority," while in the section dent of the Senate and the Speaker of the House. That, how­ we are now considering the words are '' shall exercise the office of ever, was one of the vacancies which I spoke of just now as va­ governor" for" exercise the executive authority," and" exercise cancies in the second degree; and if he died the Speaker of the the office of governor," in whom the executive authorityisvested, House would succeed. are exactly of the same force and signification. And this is ex· Now, in regard to this Delaware case, it is an original primary pressly recognized by the present constitution of Delaware we vacancy; a common case, which has happened some four or five are now considering, in the last clause of this same section 14, times in the history of the United States. It has happened, I wherein it is declared that in a certain contingency named in it think, six times in the history of my State. It has happened four "the governor of the last year, or the speaker of the senate, or of or five times, I believe, in the history of Delaware already. the house of representatives, who may the:n be in the exercise (not Mr. BURROWS. Nine times. of .the office of governor, but of its exact equivalent) of the execu­ Mr. HOAR. It has happened nine times, my friend says, in the tive authority, shall continue therein," etc. history of Delaware. Therefore, when we are construing the But strong and conclusive as this is, I have not as yet called at­ Delaware constitution we look at what they intended to provide tention to the full significance of this la-st quotation made from for a common case, and their opinion was that in common cases this same section 14. 1 want to read that so that the Senator from senators should not be gove1·nors and governors should not be Oregon may see the utter want of force in his contention. senators or representatives. It seems to me that the doctrine If the trial of a contested election shall continue longer than until the which is applicable to this case, as they have stated in so many third Tuesday of Jannary next ensuing the election of a governor- words, is that when they say "hold the office" and when they That is the time when the governor's office commences- say "exercise the office" they mean the same thing. That is clear the governor of the last year, or the speaker of the senate or of the house of by looking at this constitution. They say that no man who is a representatives, who may then be in the exercise of the executive authority, senator shall exercise the office of governor. That they have said shall continue therein until a determination of such contested election. in this constitution. Now, then, when you are looking to see This occurs, as has been seen by the mere reading of it, in a whether the particular provision, that the speaker of the senate, clause framed to prevent an interregnum in the executive author­ as they call him there, shall succeed, is governed by that general ity in a contingency which had not before been mentioned in the rule or no, it seems to me you can find the answer by seeing that constitution. It was designed to prolong and recognize the pro· all the reasons which could have made then establish that general longation of the authority of a person to exercise the executive rule in providing for an original vacancy in the first degree ap­ authority in the contingency named. plied to that. It provides- 1\Ir. GEORGE. I am very much obliged to the Senator from First. That the regular governor, if there be one, shall continue Massachusetts for occupying time enough for me to get a little not indeed to hold but to exercise the executive authority. rest for I was very much tired. But the Senator wandered from Second. That the speaker of the senate or of the house who the point in the very beginning of his remarks. It is when a con­ may THEN be in the exercise of executive authority shall continue stitutional and express provision says that no person holding an in it. office under the State of Delaware shall ~e a senator, and that by Now, in this clause are two distinct and unequivocal assertions construction the p1·esident of the senate, who is an officer, is al­ of facts, each and both of which desti·oy Mr. Du Pont's case­ lowed to retain his office as senator, why can not the same express destroy it forever without p"bssibility·of resurrection. provision of the constitution, which says the speaker of the house One is express and the other a necessary implication, each of of representatives shall exercise the office of speaker withou~ losin_g which and both of which are fal e assertions made with delibera· his office of senator, apply to that ca§e? The rule, as I pomted 1t tion in the constitution itself if the position of Mr. Du Pont's out in the first part of my remarks, is that genPral provisions in advocates be correct. the constitution are always to be modified and limited by par­ The first, express, is that on the third Tuesday of January, the ticular provisions, and when the general rule was that no officer ordinary end of the exercise by the speaker of the senate or of the under the State shall be a senator or representative then the special house of the executive authority, h e is still at the end speaker ex­ rule that a speaker -provided for in the constitution as senator ercising that authority. The language is, "The speaker of the should also hold the office of senator, is an exception from the other. senate or house, who may then (on the third Tue day of J~nua.ry) Referring now to the old constitution of Delaware of 1792, I pro­ be in the exercise of the executive authority." This is a false asser­ ceed. That constitution, as to the section now in controversy­ tion if he ceased to be speaker months before on his entry on, at the that is, section 14 is the same as this. That constitution, in case moment he began, this exercise. There can be no doubt of this of vacancy in the office of governor, commands, as this does, ''that proposition. I challenge its contradiction here and now. the speaker of the senate shall exercise the office." These words The next assertion is made by necessary implication, and is that mean the same thing in that constitution that they do in this. a speaker exercising the executive authority is not governor; The constitution of 1792 pnt a construction on these words utterly for if he were governor, if he became governor on his entry into repugnant to the construction put on them by the advocates of the exercise of that office, he so remained as long as he continued Mr. DuPont, in a clause which provides that in case of the death, that exercise, and hence was governor on the third Tuesday of resignation, or inability, or absence from the State of the gov­ January, and was named and included in the words" governor ernor (there called president), the speaker of the l~gislative coun­ of the last year " just as fully as a governor elected by the people cil (and in case of his death, resignation, or absence from the is so named. Therefore, on that construction, the addition of the State, the speaker of the house of assembly) shall, respectively, words" speaker of the senat-e or of the house then exercising the with the privy council, exercise the executive authority of the. executive authority" was not only unnecessary, but pure and State " till the third Tuesday in January next." unmitigated and also misleading nonsense. And I now add, with Under the construction of" :Mr. DuPont's advocates this would absolute confidence that what I say can not be overthrown, that as give to the State of Delaware five actual governors at one time; the speaker of either house, uncler clause 1 of this section command· the privy council, consisting of four, with, in case of the absence ing him to exercise the office till a governor elected by the people

\ 1896. CONGRESSIONAL RECORD-SENATE. 3391

should be duly qualified-this last clause we are now consider­ All provisions to supply a temporary and unlooked-for vacancy ing-as to him, the speaker, could have no other effect and no other in the office of the chief executive of a State are necessarily incon­ purpose than to put in the constitution a clear and unequivocal gruous and inconsistent with other parts of the constitution, and expression as to the true construction to be placed on his exercise must be held to be exceptions to general provisions when that of the executive n.uthority; that he was not governor, but was, officer is elected by the people, as all of them in the United States up to the end of such exercise, speaker, and nothing else than now are. There must be great delay· in having a new election by speaker. It could not extend or prolong his exercise of the exec­ the people, but the exerci e of the powers of the office must con­ utive authority as it did that of the governor of the last year, stantly go on; there must be no inte-rregnum; there must be some for it already extended to the period mentioned-the end of the person to execute the laws, or to take care that the laws are faith­ contest-for there could be no qualification of the newly elected fully executed; there must be no anarchy. So provisions incon­ governor till it was ascertained who was elected; and that ascer­ gruous and inconsistent with other -parts of the constitution must tainment was the determination of the contest. necessarily be made. Another officer must be selected for this par­ Gonsthutions are designed to furnish as the fundamental law a ticular emergency arising outside of the regular, normal admin­ rule of action not only to the people who are governed but for jstration of the government. In doing this. the selected officer those who govern them. They should be framed so as to be as e-as­ may be transferred to the governor's office and displaced f.rem his ily understood as human writings can be. They are not designed to old office, or the selected officer may be merely endowed in his furnish riddles or puzzlis or questions to be solved only by the ex­ official character with the exercise of executive duties. Either ercise of extraordinary aptitude for clearing up the dark and mys­ and both are inconsistent with the other parts of the constitution. terious. The framers, therefore, of such ipstruments are under the Both are incongruities, but the first is the greater of the two, for highest and most solemn obligation to so do their work that the in that case an officer elected by one branch of the legislature-it task of ascertaining what is meant in a clear and certain sense may be the senate, where the votes of five men (in Delaware) shall not be beyond the powers of the ordinarHy intemgent. • The would create him, or by some small constituency much less than people ought to be able to understand what all their officers, high one-half the State-is deprived of the office to which he was elected or low, are sworn to support. and for which he has the constitutional qualifieations, and the A careful consideTationof the constitution of Delaware impresses right of his constituents to his service in that office taken .away, me that its framers understood their duty as I have explained it and he is transferred to and placed in an office for the whole State, and faithfully performed it. to which he was not chosen, without regard to his want of consti­ So, inspired by these sentiments, as I believe they were, when tutional qualifications for that office. What greater incongruity they came to frame this last clause in section 14, in reference to ad than this? interim and provisional substitutes for governor, there came an op­ But to return more directlytothe objection about two speakers. portunity to remove all doubt as to their meaning on this subject. It is not certain by any means that the senate of Delaware If they mflant that thls substitute should be governor-should hold would have two speakers on the construction of the constitution the office of governor-they had then the opportunity and it was that we contend for. The permission in the constitution given to .their plain duty to stop at the words "the governor of the last elect a speaker pro tempore when the speaker exercises the o:ffiee year" in designating the instrument to exercise the executive au­ of governor is limited only by the termination of s.uch exercise.. l thority till the determination of the contest. That would have will read that provision of the constitution of Delaware: removed all doubt and would have included "speaker of the senate SECTION 5, ARTICLE II. or of the house" if the intent and meaning of the former provisions Each house shall choose its speaker and other officers; and also each hou"Se, were that these officers should become governor when the execu­ whose speaker shall exercise the office of gove~or, may choose a.spea.ker pro tive authority devolved on them. But they did not do this; but temp01·e. acting on this idea, and on that alone-to make clear the meaning Read it, ponder it, and you can get no other limitation than of the constitution-they inserted after the words "the governor that while the speaker is exercising the office of governor the of last year" the words '' or the speaker of the senate or of the legislative body may have a speaker pro tempore. Such is the ho11se who may then be in the exercise of the executive authority." construction of the constitution of Pennsylvania of 1838, which is By this they asserted, as I have shown beyond- doubt, that the exactly like the constitution of Delaware on this point. Here iRa speaker so acceding to the exexcise of the office of governor under case which I will read from the brief of counse1 against ..Mr. Du the first clause of this section acceded to duty and power super­ Pont: added to his office as speaker, which duty and power he performed On July 9, 1848, the ~eneral assembly of Pennsylvania. not being in session, and exerci~ed as speaker till the very end. Governor Shunk resigned, and William F. Johnston, who was chogen as S;J?eaker of tbe senate at the last preceding session, took an oath faithfully to If there be any answer to this I am unable to see it, and I re­ discharge the executive duties, and ente1·ed upon the exercise of the office spectfully ask my friend the distinguished Senator from Oregon to of governor. The general assembly met on January 2, 1849. In the mean­ state it. tilne an election for governor had been held, and Mr. Johnston had become just g-overnor-elect, but his term as governor did not begin till January 17, 1849. This last clause upon which I have commented contains a When the general assembly met, George Darsie was chosen Ly the senate as provision-necessarily involved in its plain meaning and easily per­ 1 ceived when attention is called to it-which I think I ought to call ~E~~ ~ fe~a\~~~h~ie~~~a~o~~~u~tfll ~ears in the journal as to the attention of the Senate. It answers beyond controversy But still more unequivoc..'tl are the following extracts from the senate jour­ nal of January 13,1849, showing what Mr. Johnston. who was then exercising the objection made by the opposition-that the speaker could not the office of governor, did in anticipation of his inauguration as elective go-v­ as speaker exercise the office of governor after the termination of ernor on the 17th of the month: his regular official term as speaker. I admit there is plausibility To the honomble the senate of Pennsylvania: in this objection, but mere plausibility can not overtm·n the posi­ SENATORs: I hereby tender my resignation as speaker of the senate of tive commands of the constitution. The. constitution says not Pennsylvania. * * * I remain, respectfully, your obedient servant, only that the speaker can but that he "shall" soexercisethe execu­ · WM. F. JOHNSTON. tive authority" until a governor elected by the people shall be duly J .AJI.'lJARY 13,1&!9. qualified." And I snbmit that what the constitution commands He had been in the exercise of the duties of the office of gov­ must be obeyed. In thia very clause the power of the governor ernor, under a provision in the constitution of the State of Penn­ of the last year-after h~ had ceased to be governor-is continued sylvania exactly like the constitution of Delaware, since July 9, beyond his term, and identically the same thing is done in clause 1848. He resigned the office, and his resignation was accepted on 3 of the same section. I have shown beyond controversy that the the same day, when he addressed the following letter to the speaker speaker eo nomine in his official character in the beginning of the of the senate: vacancy exercised the executive authority and that at the end of JANUARY 13, ls.t9. his service the constitution asserts that he is still speaker at that SIR: Permit me, through your kindness, to present to the senate my resig­ time in the exercise of that authority. nation as a member of that body. Mr. MITCHELL of Oregon. Will the Senator allow me just I am., truly yours, WM. F. JOHNSTON. there? To the Hon. GEORGE DARSIE, Spealcer of the Senate. These communications having been disposed of, Mr. Darsie resigned the Mr. GEORGE. Ce1·tainly. office of speaker pro tempore and was elected speaker. Mr. MITCHELL of Oregon. Supposein the meantime-which may be the case-a new senate comes in and elects another speaker, But if there were at the sametimethatthe speaker is exercising then there would be two speakers, would there not? the executive authority a new speaker-a full speaker is elected­ MT. GEORGE. That is all provided for. I will answer all of then we would have in Delaware, to meet an emergency for a that. short time, only what they have in Rhode Island as the 1·egular Can the friends of Mr. DuPont, in construing this very consti­ normal condition, two regular constitutional pTesiding officers, tution containing this express and unequivocal assertion, deny that one with right to preside all the time, and the other with right to the constitution itself is to be heard? They claim that these pJ.•o• preside in the absence of the other. I think I had better read that visions, construed in their plain and necessary meaning, would pro-vision of the constitution of Rhode Island to show that it is give the senate of Delaware, after the legislature met, twospeak­ not so much of an incongruity after all. ers, and that would be an altogethe.r incongruous and incom­ SEC. 2. The governor, and in his absence the lieu tenant-governor, shaH pre· will side in the senate and in grand committee. The presiding officer of the patible arrangement. The Senator see now, I think, that he senate and grand committee shall have a. right to vote in case of equal divi· I is answered. sion, but not otherwise. 3392 OONGRESSIONAL RECORD-SENATE. MARCH 31,

· I read that for the purpose of showing that in the State of old sheriff, whose term bas expired, acting in his capacity as Rhode Island they have two regular constitutional presiding offi­ sheriff, continues to exercise that office as to that particular writ cers all the time. I read it also to show that it is not altogether until execution of it is complete, the other sheriff in the mean· such an incongruous, incompatible, and unrepublican provision time fulfilling his office as to all other matters. that the governor of a State should be actually the presiding offi­ What the common law does with reference to a sheriff may cer of one body of the legislature. certainly be done by the people of a sovereign State in their con· Mr. MITCHELL of Oregon. May I make a suggestion to the stitution with reference to any officer provided for in it. The Senator at that point, which has just occurred to me, and which people of Delaware have declared that the speaker of either house I have not heard suggested by anybody else? of their legislature, having commenced, under a constitutional Mr. GEORGE. What is the suggestion? mandate, the exercise of the office of governor to supply a vacancy, Mr. MITCHELL of Oregon. If the theory of the Senator be shall _as to that particular duty continue to exercise it till the correct, that this man can be senator, speaker of the senate, and end-till the vacancy no longer exists-notwithstanding his office governor all at one and the same time-- as to other duties may have terminated. M.r. TURPIE. Nobody claims that. The alleged incongruities and inconsistencies, whether real or Mr. MITCHELL of Oregon. The senate of the Sta.te of Dela­ imaginary, must give way before the commands of the constitu· ware have certain prerogatives, certain rights that they can exer­ tion. I have shown beyond doubt that such command has been cise, and certain duties which they are compelled to perform given. • under certain circumstances, as, for instance, they can send for I will state to the Senator from illinois [Mr. CULLOM] that if he and issue writs of arrest for members. Now, the question I wish now desires to go on with any other business, and I can have leave to put to the Senator from Mississippi is this: Suppose Mr. Wat­ to proceed with my remarks to-morrow at the conclusion of the son-Senator Watson, Governor Watson, Speaker Watson-while routine morning business, I shall be glad to give way at this time, in his gubernatorial office, exercising the office of governor, re­ as I. am exhausted. fuses to respond to a call of the senate, can the senate of Delaware Mr. CULLOM. I will accept the suggestion of the Senator issue a writ and send the sergeant-at-arms into the gubernatorial from Mississippi, and, by his leave, will ask that the Senate pr

The Secretary proceeded to read the bill. The first amendment rendering service in the delivery of the mail without a person of the Committee on Appropriations was, on page 2, line 1, after perfectly familiar with some foreign language. There was such the word " dollars," to insert: an office in New Orleans for some years. The necessity for it Provided, That no post-office established at any county seat shall be abol­ occurred last summer in a portion of Florida, and there was no ished or discontinued bi reason of any consolidation of post-offices made by manner in which the Postmaster-General could providfl, either the Postmaster-Genera under existing law, and any such post-office at a county seat heretofore consolidated shall be established as a separate post­ for the appointment or for the payment of the officer; SOl a little office at such county seat; discretion is very necessary at tjmes, even in reference to what So as to make the clause read: we suppose we have done properly. For compensation to postmasters, $16,250,000: Provided, That no post-office The PRESIDING OFFICER. The amendment of the Senator established at any county seat, etc. from Connecticut [Mr. PLATT] to the amendment of the commit- The amendment was agreed to. tee will be stated. · The next amendment was, on page 2, line 8, before the word The SECRETARY. After the word "dollars," in line 2, page 4, it " thousand," to strike out '' three hundred and fifty " and insert is proposed to insert: "five hundred"; and in line 10, before the word" used," to strike Provided, That no portion of said sum shall be expended for the payment out "may be"; so as to make the clause read: of post-office inspectors. For compensation to c!erks in post-offices, $10 500,9QO, $f?OO,OOO of which shall The amendment to the amendment was agreed to. be available and used m payment of clerk hire1 m third and fourth class The amendment as amended was agreed to. separating post-offices. The reading of the bill was resumed. The amendment was agreed to. Mr. WOLCOTT. I am a little at sea as to the progress the bill The next amendment was, on page 3, after line 3, to strike out: is making. Did the amendment offered by the Senator from Con- .For pay of letter carriers, $12,240,300; necticut to the amendment carry? · For marine free-delivery service, $3,500; The PRESIDING OFFICER. The amendment to the amend­ For horse hire allowance, $344,000; For car fare and bicycle allowance, $170,000; ment was agreed to. For street letter boxes, posts, and pedestals, $15,400; Mr. WOLCOTT. Providing that no portion of this amount For package boxes, $10,250; shall be applied to the payment of post-office inspectors? Twelve mechanics in the six largest cities, exclusively employed in repairing boxes and locks, and erecting boxes, planting posts and pedestals, at 5900 per Mr. PLATT. For the payment of post-office inspectors. 1 Mr. WOLCOTT. I am a little late, apparently. The matter annum,Incide ntalS 0,SOO; expenses, me· 1 u d.1ng repa1rs,· pam· tin g, f re1g· ht , s t raps, t•nne card s, will come up again on a vote, I take it, however. Does it leave maps, directories, furniture, etc., $24,000; the Postmaster-General without authority to employ post-office In all, $12,748,250, inspectors? And insert: Mr. FAULKNER. Oh, no. For free-delivery service, including existing experimental free-delivery Mr. ALLISON. They are provided for. offices, $12,818,250. Mr. WOLCOTT. They are provided for in another portion of Mr. PLATT. I notice that the amendment increases by about the bill? $70,000, I think, the amount of the several items for free-delivery Mr. PLATT. On the ninth page. service in the bill as it comes from the other House, which are The next amendment of the Committee on Appropriations was~ proposed to be stricken out. It has been suggested. to me that it on page 4, line 10, before the word "dollars," to strike out might be possible under this item as it is proposed to amend the "twenty-seven thousand five hundred" and insert "thirty thou­ bill t0 pay for an additional number of post-office inspectors. I sand"; so as to make the clause read: have not so understood the bill. I should like to inquire of the For postmarking and rating stamps, and repairs to same, and ink and pads chairman of the committee whether it would be possible for the for stamping and canceling purposes, $30,000. Postmaster-General to appoint 40 or 45 additional inspectors and pay them out of this particular appropriation. I find that further The amendment was agreed to. along in the bill there is provision made for the payment of post­ The reading of the bill was continued to the end of line 16, on office inspectors. page 4. Mr. BACON. I raise the point that no q arum is present. I Mr. ALLEN. I desire for a moment to ask the attention of the ask for a call of the Senate. Senator in charge of the bill to that part of it which provides for The PRESIDING OFFICER. The Secretary will call the roll. the rent of canceling machines: The Secretary called the roll, and the following Senators an­ For rental of canceling machine, $60,000. awered to their names: What is the character of those machines, and what objection is Allen, Cockrell, Kyle, Roach, there to making provision for their purchase? Allison, Cullom, Lindsay, · Sewell, Mr. ALLISON. I will state to the Senator from Nebraska that Bacon, Daniel, Lodge, Teller, there are three or four patented instruments called canceling ma­ Baker. Davis, McMillan, Tillman, Bate, Faulkner, Mantle, Turpie, chines. Those who invented the machines regard the inventjons Berry, Frye, Mills Vest, as very valuable, and they refuse to sell at any reasonable price. Blackburn, George, Mitchell of Oreg. Vilas, The machines have been in use for a number of years in the dif­ Brice, Gordon, Pasco, Walthall, ·Brown, Gorman, Peffer, Wetmore, ferent post-offices in the larger cities of the United States. They Burrows, Gray, Perkins, White, effect a great saving and are of value. Oall, Hale, Pettigrew, Wolcott. During the last two years the number of machines has been in­ Cannon, Hawley, Platt, Chilton, Hill, Proctor, creased and the rental value largely diminished, so that those hav­ Clark, Hoar, Pugh, ing authority believe it is wiser to rent machines than to buy them. They are used for canceling letters at the rate of twenty The PRESIDING OFFICER. Fifty-three Senators have an­ to thirty thousand an hour. They make a large saving in time to swered to their names. A quorum is present. the Government, and are regarded as of great value. Mr. PLATT. Out of abundant caution, I move to amend the Mr. ALLEN. Can not the work be done cheaper by some other amendment by inserting after the word ''dollars," on page 4, line 2, method? the following proviso: Mr. ALLISON. Those who are familiar with the subject prac­ Provided, That no portion of this sum shall be expended for the payment of post-office inspectors. tically say that this is the cheapest and best method. The ma­ chines did rent at the rate of $400 a year, but I think the present Mr. ALLISON. In response to the inquiry of the Senator from Postmaster-General has b1·ought the rental down to 8150. I have Connecticut, I will state that in my belief and judgment no por­ the figures here. tion of this sum can be so used, but out of abundant caution, as Mr. FAULKNER. For some $225 a year is paid, andfor others he says, I am entirely willing that the amendment to the amend­ $150. - ment shall be adopted. The First Assistant Postmaster-General, Mr. ALLISON. I think the Department now utilizes two pat­ under whom this money is expended, stated to us distinctly that ented machines. One they rent at 8225 a year and the other at no part of it would be so used. $150. The best machines rent at an annual rental of $225. They Mr. CALL. I should like to know if it should be necessary for ar~ used in all of the great cities in the United States, I believe. thP. public service to expend some portion of the sum for post­ Mr. ALLEN. I should like to ask the Senator from Iowa office inspectors why it should not be done? whether the patentees of those machines are employees or officers . Mr. ALLISON. I will say to the Senator from Florida that of the Government? the reason is because this appropriation is for a wholly different :Mr. ALLISON. Icannotgivethe Senator information upon that purpose. In another part of the bill we have made ample pro­ subject, but I have no doubt they are not employees of the Gov­ vision for post-office inspectors. ernment. ) Mr. CALL. If it be true that we have made ample provision, Mr. ALLEN. I think it has been held that an employee or offi­ that presents a different case. I happen to know of an instance cer of the Government can not patent an article which is to be \ where there was great necessity that there should be a fund from used in the line of his duties and as against the Government charge / which an officer could be paid because of the impossibility of for its use, X XVIll-213 i 3394 CONGRESSIONAL RECORD-SENAT]}. 1\IARCH 31,

Mr. ALLISON. I can not state positively, but I feel quite cer­ Mr. ALLISON. The subsidy act of 1891. The committee, after tain that no one of the patentees is an employee of the Govern­ making such examination as was possible, I think wm·e all of opin­ ment. ion that this additional sum should be allowed for the current The reading c·f the bill was resumed. The next amendment of year, and then we will see what will follow later on. the Committee on Appropriations was, on page 5, line 9, before ~!r. VILAS. Mr. President, I do not suppose there is any pros­ the word "tltousand," to strike out "twenty-five" and insert pect of gain to the country in antagonizing any new proposal for "forty-five "; so as to make the clause read: an increase of the subsidy. But I wish to remark that I observe For mail bags and mail-bag catchers, cord fasteners, label cases, and for the total appropriatjon in the pending bill for the transportation labor and material necessary for repairing equipment, $345,000. of foreign mails is S1.750,000. This will add $80,000 more, making The amendment was agreed to. S1,830,000. I think there has been gained not a single line, not an The next amendment was, on page 5, line 13, before the word hour's expedition, not a particle of advantage to the transporta­ "thousand," to strike out" forty" and insert" forty-five"; so as tion of the mails by the subsidies which were provided for some to make the clause read: years ago, while the increase of charges upon the postal service For mail locks and keys, chains, tools, and machinery, and for labor and ma­ has been about $1,300,000, as I remember the figuTes. terial necessary for repairing same, $45,000. I do not believe there has been increase of facilities of transpor­ The amendment wa.s agreed to. tation, increase of expedition, or any advantage whatever to the The next amendment was, on page 5, line 24, before the word mail service by the giving of these subsidies. Of course, the reason " 1llillion," to strike out " twenty-seven" and insert " twenty­ for the insertion of this amendment is, as stated by the chairman, eight "; so as to make the clause read: not to secure expedition, increased seTvice, but only to assist in maintaining the profitable conduct of a line of steamships. For inland transportation by railroad routes, of which a sum not exceed­ ing ~.000 may be employed to pay freight on postal cards, stamped envel­ Mr. ALLISON. It is to secure service and not to increase it. opes, and stamped paper, and other supplies from the manufactories to the 1\fr. VILAS. The same service which will be secuTed with the post-offices and depots of distribution, $21S,500,000. addition of this amendment was for years rendeTed to the Post­ The amendment was agreed to. Office Department without the expenditure of any subsidy what­ The next amendment was, on page 6, line 3, before the word ever. I believe that between this country and Europe the mail " hundred,': to strike out., six" and insert "seven"; so as to make service has rather been diminished than improved by the subsidy the clause read: which has been paid. For railway post-office clerks, $7,739,000, of which sum not to exceed $15,000 It interests me to pojnt out this fact, because a good many years may be used to pay necessary traveling expenses of chief clerks and railway ago it became incumbent upon me in an official position to con­ p ostal clerks traveling on duty under order of the Postmaster-GeneraL sider whether a subsidy which had been appropriated by Congress The amendment was agreed to. should be paid or not. For particular reasons, somewhat limited The next amendment was, on page 7, line 5, after the words to that case and at that time, it was impossible then to distribute " International Postal Union,., to insert: the bounty which had been proposed in any reasonable manner, And not exceeding $10,000 for transferring the foreign mail between the and the appropriation was not expended. Subsequently Congress steamship piers in New York City and Jersey City and the post-office and r ailroad stations. adhered to that view until during the Fifty-first Congress, when the large subsidies were added. Now the deficiency in the postal So as to make the clause read: revenues to meet the expenditures of that service approximates, F or transportation of foreign mails, $1,750,000: Provided, That hereafter the I believe, $10,000,000. It seems to me that with all the burdens P ostmaster-General shall be authorized to expend such sums as may be nec­ essary, not exceeding $55,000, to cover one-half of the cost of transportation, there are upon the people of this country, with our gross excess compensation, and expen.se of clerks to be employed in assortino- and pouch­ of expenditures and our diminished revenues, it would be wise at ing mails in transit on steamships between the United Statesandotherpostal least not to add to the burden by increased subsidies for the pur­ administrations in the International Postal Union, and n0t exceeding $10,000 for transferring the foreign mail b etween the steamship piers in New York pose of maintaining or assisting to maintain the profits of a line City and Jersey City and the post-oifice and railroad stations. of steamers. · The amendment was agreed to. Mr. PERKINS. Mr. President, the$80,000whichitis proposed The next amendment was, on page 7, a£te:r line 8~ to insert: by the committee to add in the form of a subsidy, as the Senator from Wisconsin te:;Jlls it, is for additional compensation for car­ For additional compensation to the Oceani~ Steamship Company for trans­ p orting the mails by 1ts steamers sailing from &m Francisco to New Zealand rying the mails of this Government to the islands of the Pacific, and New South Wales by way of Honolulu, all mails made np in the United New Zealand, and Australia. This steamship company has been in States destined for the Hawaiian lslands, the Australian Colonies, New Cale­ operation for someeight or ten years. It has been a successful line donia, and the islands in the Pacific Ocean, $80,000: Provifled, Tha.t said addi­ tional sum with the sum now paid shall not exceed ~pe r mile, as authorized of steamers. The ships were built in the United States by Ameri­ by act of March 3, 1891, entitled "An act to provide for ocean mail service be­ can mechanics; they are manned by American seamen, and they twee~ the United States and foreign ports, and to promote commerce. '' have been successfully plying on the Pacific Ocean between San Mr. VILAS. I wish simply to inquire upon what basis or for Francisco and the island& of the Pacific, New Zealand, and Aus­ what reason this amendment is proposed? tralia. They were satisfied, because our Government would do Mr. ALLISON. The amendment was inserted by the Senate no more, with the meager sum which they received in ocean post­ Committee on Appropriations upon letters and statements fur­ age, which amounted to about $55,000 per annum. They were nished to us by the Senator from California [Mr. PERKINS], show­ bringing to the United States the trade of the Australian colonies. ing that the compensation paid at present for the transportation 'l'he line became popularized by our own people, as well as the of those maila is not sufficient to enable the line which is now people of New Zealand, to such an extent that the colonies of New transporting the mails to continue the transportation in compe­ Zealand have yeaJ.·ly aided them by a mail subsidy. tition with a similar line known as the Canadian line from Vic­ This condition of affairs continued until the completion of the toria. The Canadian line is subsidized, I believe, to the extent Canadian Pacific Railroad across the continent. The well-known of three times the amount now paid by the United States for the enterprise of our British friends. was first manifested by subsidiz­ transportation of its mails from San Francisco to the points named ing a line of steamers between Vancouver, Japan, and China. in the amendment. It must go without saying that the American They gave the line a subsidy which was equivalent to the opera­ line can not compete with the Canadian line unless some addi­ tion of their steamers and interest upon their investment. They tional subsidy or allowance is made for carrying the mails. continued that line, taking away a part of the business that was Mr. WOLCOTT. Is it an American line, I would ask? controlled by the Pacific Mail Steamship Company and the Occi­ :Mr. ALLISON. It is an American line, with ships built in the dental and Oriental Line of steamships; but by the action of the United States, and whollyowned by citizens of the United States. transcontinental railroad in making a through rate from China Mr. WOLCOTT. I ask the Senator what is the present com­ to New York and other Atlantic ports we have been enabled to pensation per mile? keep a part of that business. .Mr. ALLlliO . ThepresentcompensationfortheentiJ:e service Not satisfied with endeavoring to monopolize the trade of the is $50,000 per annum. This is an addition of 880,000. I will state Orient, they have now placed on aline of steamers between Van­ that the amount authorized by the amendment is within the com­ couver and Australia and New Zealand. The Canadian line be­ pensation authOl'ized to be paid to American ships by the act of tween Vancouver and Australia consist of two steamships with 1891 . . monthly sailing. They receive a subsidy from the Canadian Gov­ :Mr. WOLCOTT. Are we paying as great compensation to any ernment of £23,000 peT annum, and from the Australian colonies other line; a.nd if so, to what line? a subsidy of £10,000 per annum, equivalent to 814,533 per voyage. Mr. ALLISON. We are paying much larger compensation to In addition to this, the steamship line is to participate in the sub­ several lines. sidy granted by the Imperial Government to the Atlantic connec­ Mr. HALE. We are paying to other lines twice as much as this tion of the great transcontinental Canadian railroad. At the pres­ will be with the amendment added. ent time I can not state what that subsidy will amount to, but Mr. WOLCOTT. By special act? certainly not less than, and perhaps far in excess of, £10,000 per t Mr. ALLISON. By the act of 1891, under contracts made with annum, thus bringing up the entire payment that the line will the Postmaster-GeneTal. receive in subsidy from Vancouver to Australia to 618,750 pel' { Mr. RA.LE. The subsidy act. voyage. In addition to this thev have their agents to-day in the 1896. CONGRESSIONAL RECORD-HOUSE. 3395

Hawaiian Islands and in the Society Islands asking those Repub­ Mr. CULLOM. We would be left without a quorum, I fear. lics and colonies to aid them with a subsidy. Wherever the flag is, Mr. VEST. I do not want to vote for an increase of the subsidy. the trade follows it, and England, with her well-known maritime Mr. MILLS. Let u s adjourn. and commercial enterprise, is to-day striving for the trade of the The PRESIDING OFFICER. The question is on agreeing to Pacific Ocean. the amendment of the committee. What are we doing for this steamship company? The Oceanic Mr. ALLISON. I ask the Senator from Wisconsin to agree to Steamship Company, which is the only successful rival, the only take a separate vote on the amendment when the bill is reported steamship company that flies the American flag south of the to the Senate. I hope there will be no objection to that course. equator on the Pacific Ocean, receives from our Government the We can then go on with the bill, and it will save time. magnificent sum of $4:,615.40 per voyage for carrying the mails of .Mr. MILLS. I move that the Senate adjourn. ow· Government to those colonies, while New Zealand alone gives .Mr. ALLISON. I hope the Senator from Texas will allow us to $5,769 per voyage to this American line of steamers-one-third go on a few minutes longer. more than. our own Government is paying for this service. I say Mr. 1\llL.LS. Oh, no; it is nearly 5 o'clock. Let us adjourn. it is a shame; I say it is a reflection upon American patriotism, We can finish the bill in the morning. when we sit idly by and permit the British to come in and take The PRESIDING OFFICER. The Senator from Texas moves this trade away from us by subsidizing their ships by mail subsi­ that the Senate adjourn. dies, by commercial subsidies, and by a subsidy making them naval The motion was agreed to; and (at 4 o'clock and 55 minutes auxiliary ships. No private company can compete with such p.m.) the Senate adjourned until to-morrow, Wednesday April competition. England is reaching out with both hands with an 1, 1896, at 12 o'clock meridian. ' avaricious grip upon the trade of New Zealand and Australia. Our American steamship company, with their well-known enter­ pl·ise, would not have asked one farthing increase in the meager HOUSE OF REPRESENTATIVES. sum that they are receiving were it not in a measure to neutralize the effect of our competitors on the north. We are not asking TUESDAY, March 31, 1896. you to give us as much as New Zealand gives an American steam­ ship. The British colony want to stimulate competition, and they The House met at 12 o'clock m. Prayer by the Chaplain, Rev. ask, "Why do not the people of the United Statesdosomethingfor HENRY N. COUDEN. . their own flag, for their own shipping, if they want the trade to The Journal of yesterday's proceedings was read and approved. follow?" I presented these facts to the Committee on Appropria­ IMPROVEMENT OF HARBOR AT PORTLAND, ME. tions and to the Committee on Commerce, and without a dissent­ ing word th.,y said, "We will increase the subsidy to what you ask Mr. HOOKER. Mr. Speaker, I desire to submit a joint resolu­ and certainly beaR liberal as the people of New Zealand.. " I believe tion for consideration. it is a religious duty that we owe to the maritime commerce of this The Clerk read as follows: country to do something by paying our people for. can·ying this Joint resolution (H. Res. 159) to authorize the Secretary of War to prepare mail, if it is only one-quarter what the British are paying for sim­ and submit estimates for the improvement of the harbor of PortlF.nd, Me. ilar service. Under the provisions of this proposed act we could Resolvecl, etc., That the Secretary of War is hereby directed to prepare and submit estimates for the improvement of the harbor at Portland Me with perhaps receive this amount if the steamers of the line were faster a view of securing a depth of 30 feet at mean low water. ' ., in speed. They make 16 knots per hour now, and under this sub­ sidy we are giving them about that which would amount under The SPEAKER. Is there objection to the present consideration the schedule in the act of 1890 to 2 knots faster. We are paying of the resolution? [After a pause.] The Chair hears none. for coal in San Francisco from $2 to $-3 per ton more than OID" The joint resolution was ordered to be engrossed for a third read­ British neighbors are paying in Vancouver. The consular reports ing; and being engrossed, it was accordingly read the third time. from Liverpool show us that we pay from 27 to 33 per cent more The SPEAKER. Without objection, the title will be inserted. wages on American ships. The consular reports show that it [After a pause.] The Chair hears none. costs us 40 cents per day to feed American seamen on American The qu~stion was taken; and the jo~t resolution was passed. ships, while on the English ships it costs but 29 cents per day; but qn moti~n. of Mr. HQOKER, a motion to reconsider the vote by yet, with all these disadvantages, American pluck, American en­ whiCh the Jomt resolution was passed was laid on the table. ergy, has said, " We are going to stay with the British until the end FURTHER IMPROVEMENT OF· PROVIDENCE HARBOR AND NARRAGAN­ if you will only deal half fairly with us." SETT BAY, RHODE ISLAND. I will not weary you, because I feel assured that the Senate will Mr. HOOKER. I desire to present another resolution. almost unanimously adopt the recommendation of the committee. The Clerk read as follows: :Mr. WHITE. Mr. President, it appears to me that the real Joint resolution (S. R. 100) directing the Secretary of War to submit esti­ issue with reference to this matter can be expressed in a few mates of cost of further improvement of Providence River and Narragan- words. It is necessary for the Government of the United St.ates sett Bay, Rhode Island. · to pay for the transportation of mails. That we all concede. We Res?lved,_etc., That the ~ecretary of War is hereby directed to prepare and submit estimates for the rmprovement of Providence River and Narragan­ are now making a more liberal appropriation than common. It sett Bay, Rhode Island, with a view of securing a ship channel 40U feet in is true that we are not getting faster service, but it is also true width and of a depth of 25 feet aL mean low water from Sassafras Point in that in providing compensation we should take into consideration Providence Harbor, throuth Providenc(\ River and Narragansett Bay by the the fact that this is an American line of steamers, and that it is :o~~~ct route practica le to the ocean by way of the "western passage,•• better for us to have our business done by an agency to some ex­ tent of our own creation. From an investigation which I have The SPEAKER. Is there objection to the consideration of the made into this subject-and I have tried to make it rather care­ resolution? [After a pause.] The Chair hears none. fully-I do not believe it po sible that the service will continue at The joint resolution was ordered to· a third reading; and it was all unless the compensation is increased. accordingly read the third time, and passed. I think that the competitive features alluded to by my colleague On motion of Mr. HOOKER, a motion to reconsider the vote by [Mr. PERKINs] show positively that unless we are more liberal in which the joint r~solution was ~assed was laid on the table. the matter of paying for the transportation of mails over this CASCADES OF THE COLUMBIA. RIYER. route we shall have to seek some foreign agencies in the premises. Mr. HOOKER. Mr. Speaker, I present another resolution. I believe that this steamship company is the only American line The Clerk read as follows: going south of the equator, and transporting American merchan­ Joint resolution (S. R. 99) autho~ng: the immediate use of a portion of the dise to the ports of Australia and the southern seas. I think, in unexpended balance of appropriations heretofore made for construction view of the surroundings of the case, that the compensation is of canal and locks at the Cascades of the Columbia River in construction ot p_rotecting walls necessary to the opening of said canal a}ld locks to naviga­ liberal; it may be called a subsidy in one sense; it is a generous tion. compensation-that is, sufficiently so to permit the vessels to oper­ Resolved, etc., That the Secretary of War be, and is hereby, authorized and ate. If we force the matter by leaving the amount paid as it has directed to. e~nd so mnch as may be necessary of the nnexpended balance been, I do not think the service can continue. Under these cir­ of appropriations heretofore made by Congress for construction of the canal and locks at the Cascades of the Columbia River, not to exceed the sum of cumstances I shall vote for the amendment. $20,000, in constructing on the land and river sides of the canal, between the The PRESIDING OFFICER. · If there be no objection, the upper lock gate masonry and the upper &"Uard gate masonry, such portions amendment will be considered as agreed to. o~ the w~~ proposed in the modified proJect .Presented by the Board of En­ gmeers m Its report of October 18, U!9i (which report. was printed in the l\fr. VILAS. I should like to have a vote of the Senate on the Annual Re:port of the Chief of En~neers for the year 1895, part 5, pages 3576 amendment. and followmg), as may be neceSSi.\ry to construct in advance of the opening 1\lr. VEST. It increases the subsidy? of the canal to commerce: Provided, That the contractor or contractors for completing t?-e construction of the said canal in accordance with the present Mr. VILAS. It increases the subsidy. adopted proJect shall consent to such use of a portion of the appropriations Mr. ALLISON. I hope the Senator will agree to take a vote on aforesaid, and shall make no claim of any kind against the Umted States on account thereof. 1 the amendment after the bill gets into the Senate. Mr. VILAS. What is the objection to taking a. vote now? The SPEAKER. Is there objection to the present considera­ { Mr. TELLER. Let us take it now. tion of the joint resolution? i 3396 CONGRESSIONAL RECORD- HOUSE. ~lARCH 31,

Mr. DINGLEY. One moment. This is a diversion of an ap- An act (H. R.1616) to pension Michael E. Bricker, of Edgerton, propriation made for another purpose? Ind. · . Mr. HOOKER. Yes, sir. N OTE.-The following bill, having been presented to the Presi­ Mr. DINGLEY. Is it a part of the same work? dent on March 18,1876, and not having been returned by him to Mr. HOOKER. It is a part of the same work. the House of Congress in which it originated within ten days pre­ Mr. DINGLEY. It is really to carry on the same work and scribed by the Constitution, has become a law without his approval: does not make any further diversion? An act (H. R. 67) authorizing the St. Louis, Oklahoma and Mr. HOOKER. No additional expense is necessary. Southern Railway Company to construct and opera.te a railway The SPEAKER. Is there objection? [After a pause.] The through the Indian Territory and Oklahoma Territory, and for Chair hears none. other purposes. The joint resolution was ordered to a third reading; and it was On March 31,1896: accordingly read the third time, and passed. An act (H. R. 4463) to grant certain condemned cannon and can­ On motion of Mr. HOOKER, a motion to reconsider the vote by non balls to the Thirteenth and Forty-third Separate Companies, which the joint resolution was passed was laid on the table. National Guard of State of New York. MESSAGE FROM THE PRESIDENT. CLIFTON R. ANDERSON. A message from the President of the United States, by Mr. Mr. McCREARY of Kentucky. Mr. Speaker, I ask unanimous PRUDEN, one of his secretaries, informed the House that the Pres­ consent for the present consideration of the bill (H. R. 6425) for ident had approved and signed bills and joint .resolutions of the the relief of Clifton R. Anderson. following titles: The bill was read, as follows: On March 13, 1896: ·Be it enacted etc., That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay to Clifton R. Anderson, of Danville, Ky., the An act (H. R. 2300) to incorporate the Supreme Council of the sum of S-!8.09, the amount he was required to pay to the United States Gov­ Thirty-third Degree of Scottish Rite Masonry for the Southern ernment, burglars having, without any fault or negligence of his, broken into Jurisdiction of the United States; his office while he was a stamp deputy in the United States Revenue Service An act (H. R. 1712) granting to the First Regiment North Caro­ and carried away said amount which belonged to the United States Govern­ lina State Guard two condemned cannon; ment. An act (H. R. 162) regulating proof of death in certain pension The bill was ordered to be engrossed and read a third time; and cases; and being engrossed, it was acco::.-dingly read the third time, and passed. Joint resolution (H. Res. 98) directing the Secretary of War to On motion of Mr. McCREARY of Kentucky, amotion to recon­ submit a plan and estimate for the further improvement of Con­ sider the vote by which the bill was passed was laid on the table. neaut Harbor, in the State of Ohio. MESSAGE FROM THE SENATE. On March 16, 1896: A message from the Senate, by Mr. PLATT, one of its clerks, an­ An act (H. R. 5359) making appropriations for the support of nounced that the Senate had passed bills and joint resolutions of the Army for the fiscal year ending June 30, 1897; and the following titles; in which the concurrence of the House was An act (H. R. 3964) to reorganize the customs collection dis­ requested: - trict of Alaska. A bill (S. 319) for the relief of telegraph operators during the N OTE.-The following bill was presented to the President March war of the rebellion; 6, 1896, and not having been returned by him to the House of Con­ A bill (S. 517) for the relief of Thomas Williams, an employee gress jn which it originated within the ten days prescribed by the of the Senate folding room, for injuries received while in the dis- Constitution, it has become a law without his approval: charge of his duties in the year 1892; · An act (H. R.1691) to authorize the St. Louis and Oklahoma A bill (S.1565) granting a pension to Benjamin F. Howland; City Railroad Company to construct and operate a railway through A bill (S. 502) to approve a compromise and settlement between the Indian and Oklahoma Territories, and for other purposes. the United States and tlie State of Arkansas; On March 20, 1896: A bill (S. 1205) for the relief of the persons who sustained dam­ An act (H. R. 7137) to provide for printing and binding for the age by the explosion of an ammunition chest of Battery F, Second Navy Department; United States Artillery, July 16, 1894; An act (H. R. 3265) donating one condemned cannon and four A bill (S.101) to authorize the Secretary of the Treasury to set­ pyramids of condemned cannon balls·to Stone River Post, No. 74, tle the mutual account between the United States and the State Grand Army of the Republic, Sedan, Kans., and for other pur­ of Florida, heretofore examined and stated by said Secretary poses; under the authOTity of the Congress, and for other purposes; Joint resolution (H. Res. 105) for the relief of ex-Naval Cadets A bill (S. 1075) for the relief of the heirs of D. Fulford; John P. J. Ryan, John R . Morris, and Chester Wells; and A bill (S. 621) for the relief of the legal representatives of Joint resolution (H. Res. 140) directing the Secretary of War George McDougal, deceased; to make a survey and submit an estimate for a breakwater in A bill (S. 492) for the erection of a public building at Meriden, Marquette Bay. Conn.; On :March 23, 1896: A bill (S. 1491) for the relief of Dr. John B. Read; An act (H. R. 573) for the relief of Frances R. Jack, Elizabeth A bill (S. 264) providing for the location and purchase of public J. Jack, and Matilda W. Jack; lands for reservoir sites; An act (H. R. 6250) to authorize the construction of a bridge A bill (S. 154) to provide for the erection of a public building at across the .Mississippi River in the county of Aitkin, State of Min­ Indianapolis, Ind.; and nesota; A bill (S. 1935) providing for a commission to negotiate with An act (H. R. 2921) to repeal section 6 of an act entitled "An the Crow and Flathead Indians for the cession of portions of their act to define the duties of pension agents, to prescribe the manner respective reservations in the State of Montana. of paying pensions, and for other purposes," approved July 8, The message also announced that the Senate had passed with 1870, and now being section 4784, Revised Statutes of the United amendments the bill. (H. R. 55) for the establishment of a light­ States; house and fog-signal station at or near Big Oyster Bed Shoal, New An act (H. R. 5229) for the relief of George H. Lott; and Jersey; in which the concurrence of the House was requested. Joint resolution (H. Res.133) directing the Secretary of War to The message also announced that the Senate ha-d passed with submit estimates for necessary repairs at Cleveland Harbor. amendments the bill (H. R. 6408) "authorizing the sale of title of On March 2t!, 1896: the United States to certain tracts of land in the District of Colum­ Joint resolution (H. Res.141) directing the Secretary of War to bia to Margaret Shugrue, Caroline Lochboehler, and John R. submit plans and estimates for the improvement of Fairport Scott"; had asked· a conference with the House on the bill and Harbor. amendments, and had appointed as the said conferees on the part On March 25, 1896: of the Senate Mr. McMILLAN, Mr. BAKER, and Mr. FAULKNER. An act (H. R. 3886) to reimburse W. W. Rockhill for moneys The message also announced that the Senate had passed with­ erroneously paid United States. out amendment bills of the following titles: On March 28, 1896: A bill (H. R . 5914) to amend an act to authorize the Inter­ An act (H. R. 5382) to authorize the Kansas City, Fort Scott and oceanic .Railway Company to construct and operate railway, tel­ Memphis Railroad Company to extend its line of milroad intothe egraph, and telephone lines through the Indian Territory; Indian Territory, and for other purposes; A bill (H. R. 4698) to provide an American register for the An act (H. R . ·5979) for the right of the Rock Island, Muscatine steamer Matteawan; and Southwestern Railway Company to build a bridge across the A bill (H. R. 1244) to confirm certain cash entries of offered lllinois and Mississippi Canal; . lands; An act (H. R. 6304) to authorize the construction of a bridge A bill (H. R . 711) to increase the pension of Uzziel B. Church; across the Tennessee River at Knoxville, Tenn.; and . An act (H. R. 6936) for the reconstruction of the Rock Island Joint resolution (H. Res. 24) providing for immediate destruc­ br idge; and tion of income-tax returns, etc.

) 1896. CONGRESSIONAL RECORD-HOUSE. 3397

The message also announced that the Senate had passed the General Curtis issued the following order: following resolution: [Special Orders, No. 105.] Re11olved, That the Secretary be directed to furnish to the House, in com­ pliance with its request, a duplicate engrossed copy of the bill (S. 640) to HEADQUARTERS DEPARTMENT OF THE MISSOURI, mcrease the pension of Joseph W. Fisher. St. Louis, Mo., April20, 1863. [Extract.] GEORGE A.. ORR. • • • * * * * Mr. BURTON of Missouri. Mr. Speaker, I ask unanimous con­ 3. Maj. M. L. Stephenson, Tenth Illinois Cavalry Volunteers, is assigned to duty as district provost-marshal, District of Southwest Missouri. He will sent for the present consideration of the bill (S. 60) for the relief repair without delay to Springfield, Mo., and r eport in person to district com­ of George A. Orr. mander for duty. The quartermaster will furnish transportation for his The bill was read, as follows: authorized horses and servants. By command of Major-General Curtis: Be it enacted, etc., That the Secretary of the Treasury, through the account­ ing officers of the Treasury Department, is h ereby authorized and diracted H. Z. CURTIS, to audit and pay, out of any money in the Treasury not otherwise appro­ A ssistant Adjutant-General. priated, the claim of Geor~Se A. Orr as acting assistant provost-marshal at The following order was issued by Major Stephenson: Mount Vernon Mo., from May~. 1863, t~ January 30,186!, at the rate of $100 per month for hls services and such sum for legitimate expenses during said [Special Orders, No. 41.] period as may be shown and found to have been actually expencled by him HEADQUARTERS DISTRICT SOUTHWESTERN MISSOURI, m the lawful discharge of his duties and necessary for the public service. 0FFJCE PROVOST-MARSHAL, The SPEAKER. Is there objection to the present considera­ Springfield, Mo., May 28, 1863. Uapt. George A." Orr, Company B, Seventy-sixth Regiment E. M. l'tf., is tion of this bill? hereby appointed acting assistant provost-marshal at Mount Vernon, Law­ Mr. BARTLETT of New York. Mr. Speaker, I ask for the rence County, Mo. , and will be respected accordingly. reading of the report. M. L. STEPHENSON, The report (by .Mr. OTJEN) was read in part. Major and Provost-Mm·shal, Dist1-ict Southwestern Miss01Lri. Mr. BURTON of Missouri (interrupting the reading). Mr. In pursuance of the above order, Captain Orr entered upon the duties of Speaker, I desire to say to the gentleman that the report ({onsists acting provost-marshal, and continued in the discharge of such duties up to January 30,1864, and then accounted for and duly turned over to his succes­ largely of a statement in chronological order of the orders of the sor , Lieut. James A. Gibson, and received his receipt for, all property and arti­ general commanding that department. These services were ren­ cles of his office. dered by the claimant as provost-marshal a;nd his account has The following orders were issued by the War Department touching pro­ never been settled. The Senate has passed this bill onee, and it vost-marshals, their duties, pay, etc.: was favorably reported to the House in the Fifty-second Congress, [General Orders, No. 140.1 and also in the Fifty-third. The report, as I have said, is largely WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE, Washington, September 21,, 186!. a statement of the military orders in relation to the matter, and I Order respecting special provost-mm·shals, a nd defining their duties. hope the gentleman will not delay the bill by insisting on the full First. There shall be a Provost-Marshal-General of the War Department, reading of them. but will permit a vote to be taken. whose headquarters will be at Washington, and who will have the immediate Mr. BARTLETT of New York. What is the total amount in­ supervision, control, and management of the corps. volved? Second. There will be appointed in each State one or more special provost­ marshals, as necessity may re~re, who will r eB-ort t o and receive instruc­ Mr. BURTON of Missouri. Six months' pay, if it is found that ~~tand orders from the the rovost-Marshal- eneral of the War Depart- he did the service. 111r. McMILLIN. What is the reason he was not paid before? '£hird. It will be the duty of the special provost-marshals to arrest all deserters, whether r egulars, volunteers, or militia, and send them to the Mr. BURTON of Missouri. The report shows that he never n earest military commander or military post, where they can be cared for has been paid. He was originally an officer in a Missouri militia and sent to their r espective regiments; to arrest upon the warrant of the regiment, and was detailed by these orders for United States judge-advocate all disl~yal per~ons subject to arrest under the orders of the War Department; to mqrure mto and report treasonable practices, seize service. stolen or embezzled property of the Government, detect spies of the enemy, Mr. McMILLIN. But why was he not paid at the time? and perform such other duties as may be enjoined upon them by the War Mr. BURTON of Missouri. Because the Treasury Department Department, and r eport all their proceedings promptly to the Provost-Mar­ shal-General. had never made an accounting with him, upon the theory that Fourth. To enable special _provost-marshals to discharge their duties effi­ there is no authority for it, but the report sets forth the orders, ciently, they are authorized to call on any available military force within one after another, of the officers in cha1·ge of the department. their respective districts, or else to employ the assistance of citizens, con­ stables, sheriffs, or police officers, so far as may be necessary, under such Mr. McMILLIN. It is a very strange situation that a man r egulations as may be prescribed by the Provost-Marshal-General of the War should work for six or eight months under military orders and Department, with the approval of the Secretary of War. should not be paid, and that it should not be discovered until Fifth. Necessary expenses incurred in this service will be paid on duplicate nearly a third of a century after. bills certified by the special provost-marshals, stating the time and nature of the service, after examination and approval by the Provost-Marshal-General. Mr. B.URTON of Missouri. It is; but if the gentleman will Sixth. The compensation of special provost-marshals will be-- dollars read the report he will be quite satisfied, I think. If my friend per month. and actual traveling expenses and postage will be r efunded on desires fuller information, let the report be read in full. bills certified under oath and approved by the Provost-iY...arshal-General. Seventh. All appointments in this service will be subject t-o be revoked at Mr. McMILLIN. I think ithad better be read. No statement the pleasure of the Secretary of War. has yet been made by the gentleman from Missouri which I think Eighth. All orders heretofore issued by the War Department conferring would justify this appropriation. authority upon other officers to act as provost-marshals (except those who Mr. BURTON of Missouri. Well, if the Clerk will skip the ~~k":J~eceived special commissions from the War Department) are hereby re- orders and come to the conclusion of the report it will save time. By order of the Secretary of War: The SPEAKER. Without objection, that will be done. L. THOMAS, Adjutant-Gene1·al. The Clerk read the latter part of the report. [Circular, No. 19.] The report in full is as follows: WAR DEPARTMENT, PROVOST-MARSHAL-GENERAL'S OFFICE, The Committee on War Claims, to whom was referred the- bill (S. 60) for Washington, D. C., June 8, 1863. the relief of George A. Orr, having had the same under consideration, re­ I. Paragraph 11, page 3, Regulations for the Government of the Bureau of spectfully recommend the passage of the bill. the Provost-Marshal-General of the United States, is hereby amended so as The committee a~opt the Senate report made by the Committee on Military to read as follows : Affairs. "Provost-marshals are directed to appoint a deputy provost-marshal for every county in their district, except for the county in which the district [Senate Report No. 30, Fifty-fourth Congress, first session.] headquarters are located. These deputies should be selected with care, and The Committee on Military Affairs, to whom was referred the bill (S. 60) should be men suited for the performance of the duties which will devolve for the relief of George A. Orr, have duly considered the same, and submit upon them. .They should acquaint themselves thoroughly with the county the following report: and the people in it, and should be able to secure the arrest of all deserters A precisely similar bill was reported favorably and passed in the Senate, now in their counties, as well as of those men who may become deserters by and favorably: reported in the House in the Fifty-second Congress, and like­ failing to answer the summons of the provost-marshal in case of draft. The wise in the Fifty-third Congress. pay of a deputy provost-marshal shall not exceed $100 p er month." Senate Report No. 212, Fifty-Second Congress, has been reexamined and is II. Paragraph 12, page 3, of same regulations, is so amended as to read as again adopted, and is as follows: follows: The Committee on Military Affairs, to which was referred the bill (S. 2097) " Special officers or agents for detecting and arresting deserters or spies for the relief of George A. Orr, have duly considered the same and submit may be employed when necessary; but not more than four shall be employed the followin~ report: in a district without the approval of the provost-marshal-general. Their The followmg order was issued by the War Department: names must be reported, and the amount of compe!lsation proper to be al­ [General Orders, No.135.] lowed must be recommended. They may be paid," etc. * * * III. Returns required by_Forms Nos. 7, 8, 9, and 10 will hereafter be made WAR DEP.ART~"'T, ADJUTANT-GENERAL'S OFFICE, quarterly instead of monthly. Washington, September 19,1862. A careful study of these and all other "forms" is recommended, as all I. By direction of the President the States of Missouri, Arkansas, Kansas, returns and papers must be in strict accordance therewith. Any failure, and the bordering Indian Territory will constitute the Department of the even in a slight degree., to conform to them will result in a return for cor­ Missouri, and will be commanded by Maj. Gen. S. R. Curtis, headquarters at r ection of such papers. St. Louis. IV. Provost-marshals are reminded that parties themselves must sign all Alton, m, is attached to the Department of the Missouri. receipts, the Government not reco~nizing the signature of one party for II. Western Virginia is attached to the Department of the Ohio, head­ another, unless a power of attorney m each case accompany such SJgnatu're. { quarters at Cincinnati. Where employees are not present at the headquarters of a district to sign By order of the Secretary of War: the recei:pt rolls (Form 17), their accounts may be made on separate vouchers E. D. TOWNSEND, (Form 18 !~but no accounts will be paid unless the name of the person be borne Assistant Adjutant-General. on Form~ o. 4, monthly. . J 3398 CONGRESSIONAL RECORD-HOUSE. MARon 31,

V. Until further orders, boards of enrollment shall not adjourn over a day, for years, but I have never had nerve enough to bring them be­ except Sunday, without the permission of the acting as~istant provost-mar­ shal-general of the State. The business of the enrollment, and that connected fore Congress. And they are from Missouri, too. [Laughter.] with the Invalid Corps, must receive constant attention until completed. Mr. BURTON of Missouri. That maybe. I do not know any­ Members of boards of em·ollment are forbidden to absent themselves from thing about the gentleman's cases and I do not want to enter into their duties or their district without leave first obtained from the acting assishnt provost-marshal-general of the State, who shall not grant leave of a contest of nerve. But this is a just claim and ought to be paid. absence for moro than five days at one time without the approval of the pro­ As the gentleman from India,na [Mr. STEELE] says, it is a pecul­ vost-marshal-general. iar case where, instead of detailing an officer of the Regular Army JAMES B. FRY, Provost-Marshal-Gene1·al. or of the volunteeT force he detailed an officer in a militia regi­ ment. But the man performed the service; there is no question The Seventy-sixth Regiment Enrolled Mi~souri Militia, of which George A. Orr was a captain, was a State organization, and the official records show about it. that Captain Orr was in ser~ice from August 15, _1862, t_o March 31, 18Q?, when The SPEAKER. Is there objection to the present considera­ he was relieved, and was paid by the State of Missouri for such service S-!87, tion of this bill? and said State was reimbursed that amount by the United States; and fur­ to ther shows that Captain Orr was not paid by said State for any service from Mr. BLUE. Mr. Speaker, I should like know why this was May 28, 1803, to JaJ?-uary 30, 1864, aJ?-d was never pa;id anythi~g by the -p-niteq not paid by the State of Missouri. States for said period for any serVIce. He was pa.1d by the !:::ltate of Missouri Mr. BURTON of Mi souri: Becausetheserviceswererendered while on duty as such calltain in said regiment at the rate of Sl28.00 per to the United States and not to the State of Missouri. month, and the State of :hlissouri was reimbursed accordingly by the United States. . Mr. BARTLETT of New York. I should like to ask the gentle­ General Curti"!, while commanding the Department of Missouri, was a man whether the provo t-marshal had any authority of law t o United States officer, and so was 1\Iajor Stephenson while acting as provo t­ appoint an acting assistant? marshal for District Southwest :Missouri, and Captain Orr was, while acting as assistant provost-marshal at Mount Vernon, Mo., an acting United Sta.tes Mr. BURTON of Missouri. This man was appointed by gen­ officer and was not therefore reco!m.ized by the State of !\fissouri as in its eral orders of a United States officer. sernc~ and was not thel·efore paid by the State. and no claim by the State Mr. BARTLETT of New York. Well, you would not let the Illiide f~r reimbursement. Mr. Orr presented his claim fm· pay, etc., to the accountin a officers of the Treasury Department, and uter a very voluminous orders be read, so that we could not know that. conesponaeuce between them and the War Department, copies of all which l\11'. BURTON of Missouri. They have been read; they are in are before your committee and have been carefully considered, the Second the report. One of them is fTom Major-General CuTtis, com­ Auditor made the following decision: manding that department. "TREASURY DEPaRT~fENT, Second AttditOJ·'s Office, April4, 1891. The SPEAKER. Is there objection to the present considera­ "I certify that I ha•e examined the claim of George A. Orr (captain Sev­ tion of the bill? enty-sixth.Mis~nur i Enrolled Militia) on account of pay for services as pro­ vost-marshalatMount Vernon, Mo., from May 28,1863, to January1,18&! tthe Mr. l\1cMILLIN. I must ask that the matter go over. The records of the War Department showing that he served as acting assista~t report was so long that I did not insist on having it read through. provo:;t-m.a.rshal at said place from May 28, 1863, to January 30, 1 'ti4, and frul­ Mr. BURTON of Missouri. I hope the gentleman will with­ mg to show any payment therefor), and find that said claim should be disal­ draw his objection. It will take just as much time on another lowed as a charge against any appropriation under the jurisdiction of this office (the Secretary of War having declined to approve it in any amount to occasion to dispose of the matter. You have now heard the report. be paid from" Contingencies of the Army"), for the rea- on that the office I ask the gentleman to withdraw his objection. of as istant or a_cting assistant provos~-marsha1 was not, at the time of said Mr. McMILLIN. I prefer to look into the matter. If the claim services recogmzed by Army RegulatiOns or statute law, nor was compen­ sation f~r services under. that title aut~orized by any appropria;tion :made should seem satisfactory I shall interpose no objection. therefor. Claimant's regiment was not m the Umted States ~erVIce. . . Mr. BURTON of Missouri. Yes; but somebody else will. "Said claim and all the vouchers and papers are tra.n.snutted, w1th thiS [Laughter.] certificate to the Second Comptroller for his decision thereon. ' "J. N. PATTERSON, Au.ditor." LIGHT-HOUSE, ETC., NORTH MANIT OU ISLAND, LAKE MICHIGAN. This decision was approved by the Second Comptroller on August 22, 1891. Mr. MAHANY. I ask u nanimous consent for the present con:. This decision shows the claim of Orr to be a just one and never paid, and sideration of the bill which I send to the desk. that there is no existing appropriation out of which the same can ba paid. Had Captain Orr been on duty as captain of his company in the State organi­ The bill (H. R. 5736) to authorize the Light-House Board to pro­ zation then his claim would be agamst the State of Missouri for such serv­ ceed with the constTuction of the light-house and fog signal on ices bht having been relieved from duty on March 31, l!i63, he was no longer North :Manitou Island, Lake Michigan, was read. in the service of the State. When he was appointed acting assistant provost­ marshal at Iount Vernon, Mo., by Major 1:-:)tephenson he was, and so <;on­ l\fr. BURTON of .Missouri. I object. tinned to be until relieved on January 30, 18G4, in the service of the U111ted Mr. CANNON. I call for ·the regular order. Rtates, unne'r the authori_ty .and cont~ol of United. St-ates officers and amen­ able to their orders, and 1s JUStly entitled to be paid a reasonable compensa­ LEGISLATIVE, EXECUTIVE, AND JUDICIAL APPROPRIATION BILL. tion for his services as acting assistant provost-marshal, and not as captain l\Ir. BINGHAM. The Committee on Appropriations, to which of Company B, Seventy-sixth Regiment Enrolled Missouri Militia. No specific contract as to amount of pay was made, but under the general was refened the amendments of the Semite to the bill (H. R . 6248) orders of the War Department S100 was fix.ed as the maximum pay of a deputy making appropriations for the legislative, executive, and judicial United States marshal in June, 1863, and this bill authorizes the payment of expenses of the Government, has dll·ected me to report back the that sum per month during said period and authorizes the payment of what­ amendments with the recommendation that they be disagreed to ever legitimate expenditures hB may have made which were necessary for the and that a conference with the Senate be asked. 8 p¥~~r ~~~~ttee therefore report this bill back to the Senate and recom­ The SPEAKER. The gentleman from Pennsylvania [Mr. mend its passage. BINGHAM] moves that the House nonconcur in the amendments The SPEAKER. Isthereobjection to the pTesentconsideration of the Senate to this bill and ask for a conference. of this bill? The motion was agTeed to. :Mr. DINGLEY. I desire to make one suggestion: This claim The SPEAKER announced the appointment of Mr. BINGHAM, seems to be for services rendered as provost-marshal? Mr. McCALL of Tennessee, and Mr. DocKERY a-s conferees on the 1\Ir. BURTON of lvlissomi. Yes, sir. part of the House. MT.DINGLEY . Of course, if this man was appointed by United SUNDRY CIVIL APPROPRIATION BILL. States authority to do that service he would have been paid at On motion of Mr. CANNON, the House resolved itself into Com­ the time. mittee of the Whole House on the state of the Union (Mr. HoP­ Mr. BURTON of Missouri. Yes; but at the time he was ap­ KINS in the chair), and resumed the consideration of the bill (H. R . pointed he was serving in a Missouri militia organization. 7664) making appropriations for suncb:y ci vii expenses of the Gov- . Mr. DINGLEY. That is, the Government claimed that the ernment for the fiscal year ending June 30, 189_7, and for other State of Missouri should pay him. purposes. Mr. BURTON of Missouri. That was the ground taken by the The Clerk resumed the reading of the bill. . accormting officers, but the Senate committee and the House com­ When the paragraphs headed ''Engraving and printing" were mittee have examined the case, and have found that, as a matter reached, of fact, he was acting as a United States officer in rendering these Mr. BINGHAM said: I ask unanimous consent that the con­ services. sideration of these paragraphs and any amendments the1·eto be :Mr. DINGLEY. The amount involved in this case may not be passed over until we reach the close of the bill. important, but the question is whether there are not thousands Mr. CANNON. That will cover the paragraphs under the head of others in precisely a similar situation, and whether this prece­ of '• Engraving and printing," begimiing on page 16 of the bill and dent will not involve the payment of many other such claims. e:A--tending to the heading "Coast and Geodetic Survey," page 17. Mr. BURTON of .Missouri. I think Hot. The CHAIRl\IAN. Unanimous conssnt is asked that the para­ Mr. STEELE. The mistake was evidently made by the com­ graphs relating to printing and engraving, on pages 16 and 17, be manding general in detailing a militia. officer instead of an officer passed over, to be con idered after ~he rest of the bill is finished. in the United States service. That is a very rare occurrence. I Is there objection? The Chair hears none. never heard of such a case before. The Clerk read as follows: MT. DINGLEY. The gentleman thinks, then, that there would For field expenses: For survey of unfinished portions of the Atlantic be no danger in this as a precedent. coast from Maine to Florida, including Portsmouth Harbor and Piscataqua River; Hudson River to Troy; and for the neces ary resurveys, includ­ l\Ir. STEELE. I think not. ing the coast from Lynn to Cape Ann, the Rhores of Marthas Vineyard and Mr. LO ITD. I will say to the gentleman from Maine that I Nantucket Sound, approaches to New Bedford, Buzzards Bay, Chesapeake have had thr ee cases of this ve1·y same character pressed upon me Bay and tributaries, and Savannah River Bar. ei!.rhteen thousand dollars•

• 1896. CONGRESSIONAL RECORD-HOUSE. 3399

Mr. MILES. Mr. Chairman, I offer the amendment which I be seen that he aBked an increase of $58,000 over the amount of send to the desk. last appropriation bill for the field items alone. The Secretary of The Clerk read as follows: the Treasury recommended an appropriation of 8114,800. This Strike out, in line 12, page HI, the word "eighteen" and insert "twenty­ bill carries on its face $103,800. My amendment asks for an in­ five"; so as to make the appropriation $25,000. crease in this paragraph of 87,000, so that if the amendment should :Mr. :M:ILES. Mr. Chairman, Idesireespeciallytocalltheatten­ carry, and I sincerely hope that it ·will receive the careful consid­ tion of the distinguished chairman of the Committee on-Appro­ eration of the gentleman in charge of this bill and of the full com­ priations to this amendment. In the first place, I wish to read to mittee, yet it would still provide for the "field items" an appro­ the committee a letter addressed to the Secretary of the Treasury priation not greater than the appropriation carried in the last by General Duffield, the Superintendent of the Coast and Geodetic appropriation bill and only equal to what was recommended by Survey, upon the subject of field expenses, which is the subject the Secretary of the Treasury. of the paragraph now under consideration. This letter appears Now, Mr. Chairman, I desire only to say a word to gentlemen on as Appendix Q, on page 314 of the Book of Estimates. I will read the other side of the Honse, who have two votes to one on this side it, as I believe I can better intone it for the committee than proba­ of the House, to which I am attached, I am very much in earnest bly the Clerk would do. aboutthismatter, but with the brief statementwhichihavemade, TREASURY DEPARTMENT, from the facts submitted to me by the Superintendent of the Coast OFFICE OF THE Co.A.ST .AND GEODETIO SURVEY, ancl Geodetic Sm·vey, you can see that the subject is one not of 1Vashington, D. C., Bepte·mber· 2{), 1895. local importance but of national importance. I should not have SIR: I have the honor to transmit herewith the estimates of appropriations offered the amendment except with the hope of getting some in­ required for the sen-icc of the United States Coast and Geodet1c Survey and Office of Construction of St.a.ndard Weights and Measures for the fiscal year crease in the appropriation. If I had intended merely to make an ending June 30, 1897: impression upon the people of my State and particularly of the peo­ The amount asked for "field expenses" is $169,000, as against $110,500 appro­ ple of the great city of Baltimore, I should have asked for an increase priated for 18!}5-90., an increase of ~)!\,500 . .An increase of appropriation under this head is necessary for the rapid and economical prosecutiOn of surveys of $12,000. If I had asked the amount recommended by the Super­ urgently demanded in the interest of commerce along our coasts and for the intendent of the Coast and Geodetic Survey, it would have advancement of other important field operations of the Survey. With a less amounted to nearly twice the increase that my amendment pro­ amount the parties of the Survey can n ot be employed to full advantas:e, as it is possible for them to remain in the field only for a portion of the available poses. But I had a conference with the distingui'3hed chairman working months, while the expense of fitting out and ti·ansporting parties of the Committee on Appropriations, a leader on the other side of to the field and r eturn i'l the same for a short as for a long season. The ves­ this Chamber~ for whose fairness, intelligence, and general patriot­ sels engaged in the hydrographic portions of the work should be employed ism I have the greatest respect, and have yielded $6,000 worth of almost continuously to keep pace with the demand for surveys andexamma­ tions in various important localities, but this will be impracticable with the my own judgment; and so I hope I may have his support and that amount appropriated for the current year. of the committ.ee to secure the adoption of the amendment. If I Now, here is the particular part of this letter to which I wish can accomplish my wish in this matter, as expressed by the amend­ to direct the attention of the'committee: ment I have offered, I shall feel that I have contributed something The original survey of the Chesapeake Bay was made many years ago, and to a matter of legislation of national importance, and in the name since then the erosive action of the tides ~swashed away entire points, of the people of the great city of Baltimore shall be ready to thank eaten into the shore and deposited the material in the channel, so that neit.her this House for what it has done in the interest of the commerce the shore lines nor ~epths of wa~er shown upon the ~harts of this bay agree with the true condition of affa1rs at the present time. These charts are and trade of that great city. therefore defective and misleading, and hence the necessity of an entire :M:r. CANNON. Mr. Chairman, this bill recommends the full resurvey of Chesapeake Bay. estimate as submitted by the Secretary of the Treasury for these I have read all of this letter to which I wish specially to direct sm·veys, not only on the Atlantic coast, but on the Pacific coast. the attention of the committee at this time. Of course what I The whole amount is given as recommended. am particularly interested in is the resurvey of the Chesapeake The gentleman states correctly, however, that the Coast Survey Bay. That is not, however, a matter of purely local importance, Office, through its Superintendent, did submit that increase of and to this view of the subject I invite the attention of the Com­ 858,000 for these surveys for field work; and the Secretary of the mittee of the Whole and particularly the distinguished chairman Treasury, the superior officer of the Superintendent of the Coast of the Appropriations Committee. Survey, did cut it down, with or without reason I do not know. The Chesapeake Bay, as everybody on this floor understands, is :M:y friend from 1\Iaryland says that it was done without rhyme or the great thoroughfare into which the Potomac River empties. reason. Well, I do not know, but my friend is better informed The Superintendent of the Coast and Geodetic Survey says in this than I am, because I am notinharmonywitheithertheSecretaryof letter that the chart for that bay was made many years ago. I the Treasury or the Superint.endent of the Coast Survey, and, for visited the office of the Superintendent this morning, in order to that matter, I am not in harmony with the Administration. My obtain accurate information on this point, and was informed by friend is, or ought to be, and I suppose is very good authority, and him that this chart was absolutely made half a century aoo-o. is doubtless orthodox touching the controversy or difference in The chart which guides the mariner upon this great thorough­ opinion between a bureau of the Treasury Department and the fare of commerce was made a half century ago, and the last work chief of that Department. done upon it-- Mr. MILES. · Iwouldliketosay,ifmyfriend willpermitme­ The CHAIRMAN. The time of the gentleman from Maryland Mr. CANNON. Certainly; I yield to the gentleman. has expired. Mr. MILES. What I wish to say in connection with the state­ Mr. 1\IILES. Mr. Chairman, I move to strike out the last line. ment of the gentleman from illinois is that the Superintendent of I believe that is a fiction that will permit me to proceed for five the Coast and Geodetic Survey told me-and I had his permission minutes. to use his statement in the House. as well as others with reference n1r. CANNON. I ask unanimous consent that the gentleman to these matters that I had asked him about-that the Secretary from Maryland be permitted to occupy five minut.es longer. of the Treasury was perfectly willing that he should disclose to There was no objection. me and to Congress the fact that he recommended $30,000 and had Mr. 1\ULES. I am very much obliged to the. gentleman from the figures to exhibit here on the floor. He stated that it was lllinois. unusual for the Secretary of the Treasury to publish such a letter I wanted to call the attention of the committee to these matters as he had addressed to the Secretary on this matter. and shall hurry through as rapidly as possible. I was proceeding I do not know. I am inexperienced. I have placed myself at to say that I had been informed by the Superintendent of the Coast the tender mercy of the distinguished chairman of the Committee and Geodetic Survey that the last important amendment made to on Appropriations. the chart in question was made thirty years ago, and I ask the Mr. CANNON. Oh, no; it is not within my jmi.sdiction to set­ privilege of quoting him on this floor, and in doing so I will go tle a dispute between the superintendent of a bureau in the further and say that he assured me that in case this country was Treasury Department and the Secretary of the Treasury. suddenly involved in a war and the commander of a war ship I want to be entirely frank with the gentleman from Maryland would follow the guidance of this chart it would be impossible for and the Committee of the Whole touching the matter. Within him to bring his vessel, for defensive purposes, to the capital the last three years the most competent Superintendent of the through the Chesapeake Bay and up the Potomac without running Coast and Geodetic Survey-admitted as such by everybody who the risk, ninety-nine in a hundred, that he would put his vessel had knowledge touching the matter-who ever presided over the ashore. That statement, it will be observed. Mr. Chairman, says Bm·eau was frozen out. I refer to Dr. Mendenhall. That office nothing whatever of the great importance of this question to the never had- and I am not speaking less for others but more for commercial interests of the city of Baltimore. The legislature of him- so competent a. head as Dr. Mendenhall. The present Admin­ Maryland has memorialized Congress upon the question and the istration came in and the war commenced upon him. First his I boards of tl·ade and Chamber of Commerce of the city of Balti­ salary was arbitrarily attempted to be decreased in appropriation more have done the same. from $6,000, the amount fixed by law, to 85,000. Next he was Now, as to the figures, I will call your attention briefly. The deprived of power , practically, in his Bureau by the Administra­ I Superintendent of the Coast and Geodetic Survey asks an appro­ tion. He was not only a competent man, but able to make a liv­ priation of $169,000. One hundred and ten thousand five hundred jng elsewhere than in that Service. H e had manhood, and he· said, dollars was carried by the last appropriation bill, so that it will " I am persona. non g1·ata here, and I have abilit y enough to ge'

I • 3400 CONGRESSIONAL RECORD-HOUSE. MARCH 31, along. I can not do myself or the Service justice," and he stepped an increase of $5,000 to be utilized in the San Francisco Harbor, down and out. because the same claim, I apprehend, will be made there that was The CHAIRMAN. The time of the gentleman has expired. made here. Mr. CANNON. I should like to have five minutes more. Now, having stated how this matter is, I am perfectly content. Mr. MILES. I ask unanimous consent that the gentleman's If the Committee of the Whole House has any more knowledge time be extended until his remarks are concluded. than I have about it, or any more knowledge than the Secretary The CHAIRMAN. Unanimous consent is asked that the gen­ of the Treasury has about it, then I am content with the amend­ tleman's time be extended five minutes. Is there objection? ment offered by the gentleman from MaTyland. There was no objection. The CHAIRMAN. The question is on the amendment offered Mr. CANNON. Hestepped downandout,and then the present by the gentleman from Maryland. head of the Coast Survey-and I am not going to speak disrespect­ The question was taken; and the Chairman announced that the fully of him; I know but little of him; he seems to be a gentle­ ayes seemed to have it. man, and he is a gentleman in his demeanor-was discovered Mr. CANNON. I call for a division. somewhere and was appointed to succeed Dr. Mendenhall. Well, Mr. MILES. I hope the gentleman will not ask for a division. he goes on, no doubt, and does the best he can. He submits his Mr. CANNON. It is a division. If the majority is for your estimates to the Secretary of the Treasury and the Secretary of amendment I have nothing further to say. the Treasury arbitrarily reduces them 558,000 for the field work. The committee divided; and there were-ayes 55, noes 54. Mr. GROSVENOR. Do you not think that the Secretary of the So the amendment was adopted. [Applause.] Treasury knew of the incompetency of his own employee? The Clerk read as follows: Mr. CANNON. I do not know. I think he knew of the com­ To continue the primary triangulation from the vicinity of Montgomery petency of Dr. Mendenhall; but, anyhow, this discovery, this new toward Mobile, and for triang-ulation. topography, and hydro~raphy of un­ finished portions of the Gulf Coast, including Lake Pontchartram and Sabine man, the creation of the present Administration, submitted his Lake, and for the necessary resurveys, $7,800. estimates and the Secretary of the Treasury reduced them. Now, :Mr. ADAMS. I move to strike out the last word. I expect the Lord knows, I do not, whether the head of the Coast Mr. Chairman, a statement has gone broadcast through this Survey or the head of the '.rreasury Department knows most about land that the Manufacturers' Club of the city of Philadelphia, the necessities of the service. I can not tell. which is composed of the leading industrial establishments of Mr. MILES. Will the gentleman allow me a suggestion right that city, is in favor of the free and unlimited coinage of silver; there? not only that, but a committee of that club came to Washington Mr. CANNON. Certainly, although I want to conclude in five and made a compact with the free-silver Senators, in which they minutes. agreed to make the compact that if they would support the free Mr. LIVINGSTON. The gentleman's time is not limited. and unlimited coinage of silver they would yield to the great 1\Ir. MILES. I think you will admit that the reduction was not American doctrine of protection in order to accompUsh that l'e­ exceptional in this instance, but that he reduced the estimates sult. Sir, that was a self-constituted committee, and with no submitted to him by all the heads of Departments, did he not? authority to act for the club. The first answer that has come to Mr. CANNON. Oh, no; not of all the heads by any manner of that alleged compact has come from the State of one of the silver means. .As a rule, the estimates submitt.ed were forwarded with­ Senators, South Dakota, which has utterly repudiated the posi­ out change in the various Departments of the public service; but tion which her Senator took on that occasion; and now, in re­ I am speaking now of this particular Department. sponse to that message from the far West, come resolutions.of the Mr. LIVINGSTON. Now, I should like to ask my colleague a Manufacturers' Club, passed last nig-ht in the city of Philadelphia. question. His time is not limited. Assembled in its hall were 500 members of that club; and, sir, as a Mr. CANNON. I will need two or three minutes to conclude; member of that association, I desire to have the (..,'lerk read as a but I will yield to the gentleman. part of my remarks the resolutions which were passed almost Mr. LIVINGSTON. Do you mean to say that the Secretary of unanimously-there were only 20 votes against. them out. of 500. the Treasury cut this estimate because of the inefficiency of the Mr. LIVINGSTON. I want to ask the gentleman what this has present administration over there in the Coast Survey Office? to do with this appropriation bill. · Mr. CANNON. No- TheCHAIRMAN. DoesthegentlemanfromPennsylvaniayield Mr. LIVINGSTON. You do not want to leave that imp1·ession? to the gentleman from Georgia? Mr. CANNON. No; I do not know. I do know, however, that 1\Ir. ADAMS. No, sir. by the letter that General Duffield, the Superintendent, forwarded The CHAIRMAN. The gentleman can not be interrupted. to the Secretary of the Treasury he asked and urged $58,000 more The Clerk read as follows: for field work than the Secretary recommends. The Secretary of Whereas false and misleading reports have been spread broadcast over the the Treasury arbitrarily, with or without reason, I do not know country as to the conference at Washington on March 19, between a. number which, has reduced the estimate $58,000. of Philadelphia manufacturers and those free-silver Senators who though elected as Republicans and avowing themselves protectionists, declined to Mr. LIVINGSTON. May I ask my friend this question, if that vote for the Republican revenue measure known as the Dingley bill unless is unusual: Did not the Secretary of War cut t]feestima.tes from coupled with a free silver coinage amendment; and the different arms of that service in the same way? WherP.as these reports have created the impression that the friends of a protective tariff are willing to compromise the cause of protection by indors­ Mr. CANNON. Oh, in some instances, yes, and in other in­ Ing the free and unlimited coinage of silver at a ratio of 16 to 1 in exchange stances, no. In most instances, no. for additional protection; and Mr. LIVINGSTON. Then one more question. The Secretary Whereas these statements are not only compromising the integrity and patriotism of our manufacturers as individuals, but especially so as members of the Treasury did not cut this estimate of $30,000 for this specific of the Manufacturers' Club: Therefore purpose, did he? That was done in the committee room? Be it resolved, That the Manufacturers' Club, speaking for its members, Mr. CANNON. Oh, no; not at all. We literally follow the emphatically denounces as false the statement made by the friends of free recommendation of the Secretary of the Treasury, because he is silver and echoed by those of free trade, that our Philadelphia manufacturers are willing to barter with the silver Senators for the free coinage of silver in the superior officer, and the law puts the duty on him to bring in exchange for additional protection. the final estimate for his Department. We literally recommend Resolved, 'l'hat the question of bimetallism can be permanently settled only what the Secretary of the Treasury recommended, without a cut through an international agreement, and that the Manufacturers' Club de­ clares its unalterable opposition to the free coinage of silver by- the United of one cent. Now, what happened? Why, the board of trade, States alone, firmly believing that such a policy would result m disa t er at the commercial bodies over there at Baltimore, go to work and home and dishonor abroad, and would only operate to place this country hold meetings and resolve that the Chesapeake Bay ought to be upon the basis of silver monometallism. resurveyed. The chief of the Coast Survey says it has been fifty Mr. ADAMS. Mr. Chairman, I withdraw my amendment. years since it was surveyed and that the public service requires Mr. HARTMAN. I move to strike out the last word. that it should be resurveyed, that the charts made on the old sur­ Mr. Chairman, I have listened to the resolutions read at the in­ veys are unreliable, and that the great commerce upon the Chesa­ stance of the gentleman from Pennsylvania. I am glad that they peake requires that this survey shall be made, and the gentleman have been read. It gives me an opportunity to say upon this floor from Maryland [Mr. MILES] comes in and moves to increase the what ought to have been said some days ago. It is true, as has item for service -along the Atlantic coast $7,000, hoping and ex­ been stated by the gentleman from Pennsylvania, that false and pecting that the most of it, if not all, will be expended for a re­ misleading reports have been circulated through the press of this sm·vey of the Chesapeake. country relative to what transpired at what was familiaTly known I am quite sure I do not know just what the necessities in this as the Washington conference. It is true that those reports were case are. We recommend the full estimates. I have called the false, and that they have been circulated without any regard what­ attention of the Committee of the Whole to a brief history of ever to the truth. But, Mr. Chairman, it is only due to those men the Coast Survey for the last three years and the history of these whom it is attempted to malign and stigmatize as being respon­ estimtttes. They may or may not be important. If I thought sible for that false report that I make a plain statement to this \ this was important-that the new discovery in the Coast Sm·vey House and to the country of what occurred. At the invitation of I Office was right beyond question, and the Secretary of the Treas­ a representative of the manufacturers, a letter inviting them to ury was wrong-then I would be in favor of increasing the appro­ come over and see the silver Senators here in Washington and \ priation asked for by $7,000; and also, later on, in favor of making confer was written and sent and the invitation accepted. These • • 1896. CONGRESSIONAL RECORD-HOUSE. 3401 manufacturers came, and about three and a half hours were spent­ Mr. ALLEN of Utah. I withdraw the formal amendment. in conference. The Clerk read as follows: Mr. ADA1\1S. Will the gentleman say it was an official accept­ .For triangulation, topography, and hydrography of the coasts of Califor­ ance? ma, Oregon, and Washington, and for necessary resurveys, San Francisco The CHAIRMAN. The gentleman can not be interrupted with­ Harbor, triangulation, topography, and hydrography, Sl5,()J(). out his consent. Mr. LOUD. Mr. Chairman, I move to strike out "fifteen," be­ Mr. HARTMAN. I do not know whether it was or not. I fore the word "thousand," and insert "twenty." In support of know that 28 of them came; and it strikes me that, after coming that amendment I desire to say that the Superintendent of the here, they had no right, then, to deny the validity of the invita­ Coast Survey put in a separate estimate of $10,000 for the resurvey tion which they did accept. I do not know whether it was offi­ of San Francisco Harbor. That item was eliminated by the Sec­ cial; I do not care about that; but I want to say, Mr. ChaiTman, retary of the Treasury. Permit me to say in regard to this work that the rt3port which was given out was prepared by Senators that it was started through the able assistance of my generous :MANTLE and CARTER of Montana, Senator DUBOIS of Idaho, and friend from Texas [Mr. SAYERS], who had incorporated in the Senator CANNON of Utah, and by me, and was published in the sundry civil bill two years ago a provision that the resurvey of Post of the following morning; and I ask any member upon this the harbor of San Francisco should proceed. floor who read that if he finds any suggestion of making an agree­ There had been no survey of that harbor for forty-five years. ment between us having been accomplished. It is true we were Two years ago the work was undertaken, but it is not progressing endeavoring to arrive at some conclusion whereby we might as fast as we would wish. We really ought to have 810,000 for meet upon common ground; but that report specifically disa­ that survey work during the coming year, as the Superintendent vowed having arrived at any agreement; and then, for the pur­ has estimated, but in view of the stringency in the money market pose of breaking down and stigmatizing and vilifying and be­ and the lack of funds in the Treasury we are modest and will ask meaning in the public mind the men who have had the hardihood for but $5,000, and I would not ask even for that had I not been to stand up for free silver, the gold-standard press of this country informed by the Superintendent of the Coast Survey that under denounced that as a false statement and said that we had put it this appropriation as it stands in the bill he could not proceed with into circulation. the work in San Francisco Harbor, which I suppose might be in­ Mr. Chairman, no more utter falsehood, no more willful and terpreted to mean that he would not proceed with it. Now, every­ deliberate and malicious lie ever was circulated to the American body knows that after a survey has been begun it ought to proceed people. [Applause.] ~ead it and you will find my statement to continuously with all practicable speed, and not be spun out so as be true. Nowhere in that official report we are responsible for to cover a long period of years. This survey will cost, on the was there a suggestion of an agreement. The gold-standard press whole, I understand, about $90,000, and at the rate they have been used that for the purpose, as I said before, of slandering and stig­ proceeding it would certainly take ten years to complete it. The matizing the men who were engaged in the support of silver; survey, as far as it has gone, has made some valuable discoveries coined the lie, and then attempted to force it down our throats and in that harbor. All of the hydraulic mining has taken place in hold us responsible for it. These are the facts, and I defy any the State of California since the prev,ious survey of that harbor man to read the report that was published in the Post the next and many shoalings have been discovered in the harbor. I think morning and discover any suggestion of an agreement. that the generous chairman of the committee, the gentleman from :Mr. CANNON. Mr. Chairman, I think I can settle this whole Illinois, will perhaps concede without very much opposition this matter. I accept the amendment of the gentleman from Pennsyl­ modest request for $5,000, which is absolutely necessary in order vania, and ask that the Clerk proceed with the reading of the bill. that this very important work shall proceed. [Laughter.] Mr. CANNON. Mr. Chairman, in view of the action of the Mr. LIVINGSTON. :Mr. Chairman, I ask that it be incor­ Committee of the Whole a few minutes ago increaSing the amount porated in the bill. of the appropriation for the Atlantic coast $7,000, in harmony Mr. CANNON. The gentleman's amendment was to strike out with the recommendations of the Superintendent of the Coast the last word. Survey and against the recommendation of the Secretary of the Mr. LIVINGSTON. I mean the amendment that was read. Treasury, it seems to me I am not warranted in this instance in Mr. ADAMS. That was not my amendment; those were my re­ interposing opposition. This proposed increase of $5,000 for the marks. My amendment was to strike out the last word. Pacific Coast would seem to follow logically the increase of $7,000 l\fr. ALLEN of Utah. Mr. Chairman, I move to strike out the made on the Atlantic Coast. last word. I do not wish to take -the time of this committee for The CHAIRMAN. Unless objection be made, the amendment idle discussion, but assertions are constantly being made concern­ will be considered as adopted. - ing this subject which are, as the gentleman from Montana f:Mr. There was no objection. HARTMAN] has said, absolutely and unqualifiedly false. I was one The Clerk read as follows: of the gentlemen who were present at that conference. The sil­ Salaries Coast and Geodetic Survey: For Superintendent, $5,000. ver Senators did not ask for that conference, and the statement Mr. CHARLES W. STONE. I move to amend the naragraph that they did is the first falsehood which I wish to brand in pub­ just read by striking out "five" and inserting "six;" so as to ap­ lic. The suggestion was made to them that there should be a con­ propriate as the salary of this officer $6,000. By section 4689 of the ference between them and certain manufacturers of the city of Revised Statutes the salary of the Superintendent of the Coast Philadelphia, and the silver Senators, so-called, said that they Survey is fixed at $6,000. It was fixed at that amount in 1853, would gladly meet those gentlemen, and they did meet them. In when the currency was not inflated, when prices were not high; addition to the Senators there were present the gentleman from and since that time many salaries, including that of the Pres­ Idaho, l\fr. 'VILSON, the gentleman from Montana, Mr. HARTMAN, ident of the United States, have been increased, and largely in­ and myself. creased. On accotmt of the peculia.r qualifications required in The gentleman from Pennsylvania talks about compacts. No this officer the salary was fixed at a liberal amount. It has re­ compact was attempted. The silver men made no proposition mained at that amount ever since until one year ago. In the for a compact to be made between them and the manufacturers. meantime, since the salary was fixed, the duties of the position No paper was laid before that assembly of gentlemen expressing have been largely increased. The Superintendent of the Coast the views either of the manufacturers or of the silver men. The Survey has been made the superintendent of standard weights and discussion was simply for the purpose of finding out whether measm·es; he has been made a member of the boundary commis­ there was any common ground which the manufacturers of Phila­ sion fixing the lines in the northwestern part of the country; of delphia and the silver men of the nation could stand upon; that the commission fixing the boundary line in the northeastern part; and nothing more. Why are these falsehoods circulated in the of the commission fixing the line between the inner waters of the press and by the press of the United States? Is not the cause of country and the outer waters-the international lines; of the com­ gold monometallism able to win this fight without resorting to mi sion fixing the outer line of the harbor boundary at Brunswick, such tactics? Can not the advocates of gold monometallism win Ga.; of the Light-House Board-aU involving much labor and tak­ this battle by appealing to the power of reason in the minds of ing much time. Besides this, various duties of a very importai.J.t the people of the United States? This is only ono of the many character, involving a good deal of labor, have been imposed upon· rumors of statements that are constantly being set afloat through­ him. His salary, however, has remained the same. out tlie country by the papers of the United States, as witness I think the distinguished chairman of the Appropriations Com­ the statement concerning Senator PETTIGREW of South Dakota a mittee is in error in saying that the former occupant of this posi­ few days since. It seems to me that a cause which must be tion had his salary reduced. I concur most heartily in everything bolstered up by such tactics must be inherently bad. It seems to the gentleman has said in relation to the eminent qualifications me that the time has come when the people of the United States of the predecessor of the present incumbent, and I concur most should have this question openly and fairly discussed before them, thoroughly in what he said as to the injustice of whatever was as it never has been discussed and as it never will be discussed so done to "freeze out," as he expressed it, that gentleman. But I long as the men who control the sentiment in favor of gold mono­ want to say that the present incumbent had nothing to do with metallism in the United States can muzzle the press. that matter. At the time of his appointment he was engaged in The CHAIRMAN. The time of the gentleman has expired. scientific labor in behalf of his country; he was not at that time 3402 CONGRESSIONAL RECORD-HOUSE. MARCH 31, a newly discovered man. He is a man of scientific eminence, who the gentleman from Illinois will inquire into the facts attending has served his country in many capacities in war and in peace for it he will come to the same conclusion with myself. nearly fifty years. There is no personal conflict or rivah·y be­ I withdraw the pro forma amendment. tween the former incumbent and the present that should affect Mr. CHARLES W. STONE. Mr. Chairman, I desire to call the this question. attention of the committee to two facts: In the first place, the So we havepresented here the simple question whether we shall present incumbent accepted the office and resigned another posi­ now appropriate for this officer the salary fixed by statute forty tion where he was drawing a good salary on the faith of the years ago, since which time extra duties have been imposed; and legal provision of the Revised Statutes fixing the salary at 86,000 in determining this que8tion we are to consider the action of this a year. On the strength of that provision of law he accepted the House in going back to the statutory salaries for the superintend­ position and resigned another appointment which was of value ents of the Life-Saving Service, for the Indian commissioners, to him. For the first year he received 86,000 according to the pro­ and for other positions of less importance and requiring a lower vision in the statutes defining the amount he was entitled tore­ degree of talent and capacity than this position. I trust that the ceive. Further, the Superintendent of the Geological Survey, let amendment may be adopted. me state to the gentleman from Illinois, has no salary fixed by the 1\Ir. CANNON. Mr. Chairman, I am not in harmony with this Revised Statutes, but simply a provision inserted in a compara­ amendment. It is well enough to be practical and to realize the tively recent appropriation bill giving him 86,000 a year; and existing conditions. It is true that the Revised Statutes did fix since that time his duties and responsibilities have not been in­ the salary of this officer-the Superintendent of the Coast Sur­ creased, as has been the case in the Uoast Survey. The officer in vey-at $6,000. It is alsotruethat thelaw fixed the salary of the charge of the Coast Survey has, as I have already stated, had his chief of the Geological Survey at $6,000. Now, the Secreta1·y of duties largely increased. So that there is an entirely different the Interior, at the very commencement of this Administration, condition of affairs presented between the Geological Survey formally recommended that only $5,000 be appropriated for the without a fixed salary and the Coast Survey with a fixed salary, chief of the Geological Survey. That position was then occupied which the incumbent has enjoyed for forty years and more. by Major Powell (known to many of us); and the office of Super­ Now, sir, I am not here advocating any increase of salary, but intendent of the Coast Survey was occupied by Professor Menden­ simply saying that "this side of the House," at least, as the gen­ hall. The result was that both Major Powell and Professor tleman from Illinois is pleased to term it, on a question of this Mendenhall went out of the service. kind can not afford to ignore the statutes of the United States nor Now, I h~-ve not a thing to say against the present head of the a legal obligation imposed by them. It is enough for them to Geological Survey or the present head of the Coast Survey. But know that a legal obligation exists, and we can not afford, when there is the fact-both of these gentlemen, appointees under this a question of this kind arises, to ignore this obligation, particu­ Administration, have been receiving a salary of $5,000, fixed in the larly when our action affects a man who served his country as house of their friends. faithfully and well as General Duffield has done, a man who was J\ir. DOCKERY. Do I understand that the gentleman from a gallant soldier in two wars, who has carried in his body for fifty Pennsylvania [Mr. CHARLES W. STONE] is seeking to increase the years the lead received in fighting the battles of his country, a salary of this officer? man who came out of the last war with the brevet rank of major­ Mr. CHARLES W. STONE. My amendment simply proposes general for gallant and meritorious services-I repeat, you can not, to appropriate the salary fixed by the Revised Statutes. or at least you should not, make an exception against an old sol­ Mr. CANNON. The gentleman proposes toincreasetheappro­ dier when you make none in the case of a civilian Superintendent priation from $5,000 to $6,000. of the Life-Saving Service or in the case of Indian agents who Mr. DOCKERY. And thepresentincumbentaccepted the office have been charged with being simply the private agents of a at the present salary? Cabinet officer. Mr. CANNON. So I understand. That is all I desire to say about it. Mr. CHARLES W. STONE. No, sir. Mr. CANNON. Is this a proposition to pension General Duf­ MrA DOCKERY. The gentleman from Illinois does not think field? this a very good time to increase salaries? Mr. CHARLES W. STONE. No, sir; but simply to give him Mr. LIVINGSTON. This salary was $6,000 when this man ac­ the contract price which theGovernment agreed to give him when cepted the office? he took the position that he now holds. That is all he asks. Mr. CHAR LES W. STONE. Certainly. Mr. McCREARY of Kentucky. Mr. Chairman, the gentleman Mr. CANNON. Now, all I want to say to the House is that from Illinois rMr. CANNON], in refen·ing to Dr. Mendenhall's res­ Major Powell went out of the Geological Survey and has a suc­ ignation, sai

Hudson River Railroad. He was employed in 1869 to survey lands in Colorado; The Clerk, proceeding with the reading of the bill, read as fol­ in 1H7l-72 was chief engineer of the Kentucky Union Railroad and located that line from Paris to Hazard. He was elected to the Michigan State senate lows: in l ll:lO, and jn 1882 was employed in surveying Government lands in Dakota. Office expenses: For the purchase of new instruments, for materia.ls and In 1885 he was reappointed chief engineer of the Kentucky Union Railroad. supplies required in the instrument shop, earpenter shop, and drawing divi­ He has published School of Brigade and Evolutions of the Line. sion, and for books, maps, charts, and subscriptions, $8,000. Mr. CANNON. Mr. Chairman, I have no assault to make upon Mr. PICKLER. Mr. Chairman, I move to strike out the last General Duffield. J\Io1·e than a generation ago, from that record, word. he seems to have been prominent in the Mexican war. He seems There has been a good deal of comment in the committee this to have had a successful life in war and in peace. I do know, morning and in the newspapers of the last few days in regard to without quarreling with my friend from Texas [Mr. SAYERS], that the action of the Republican convention in South Dakota. last he succeeded as Superintendent of the Coast Survey a man who, week. It has been referred to two or three times here this morn­ in my judgment, was the most competent that ever held that po­ ing. I only rise to correct some of these false reports. I want sition, as I have before indicated. I do know, further, that his to say that the Republicans of South Dakota are Republicans, and salary, as fixed jn the house of his friends, a Democratic House they will remain Republicans. and a Democratic Senate, and appropriated for, was $5,000. I do Now, Mr. Chairman, to apprise the committee, as the matter know that he has held the place from that time to this at a salary has been brought up here, and the country as to just what po i­ of 85,000. tion the Republicans of South Dakota took last Wednesday on the Now, in my judgment, the inCi·ease of this appropriation from financial question, that it maybe known what theiT official actjon $5,000 to 86,000, under the changed condition, championed by the was, I desire to send to the Clerk's desk the r esolution which was gentleman from Pennsylvania L~fr . CHARLES W. STONE], is not adopted by the Republicans of South Dakota in convention in re­ called for, first, for the necessities of the service, and second, that gard to finances. this side of the House is not called upon to make it. I was sur­ Mr. HILL. What is their position as to protection? prised at the gentleman from Kentucky [Mr. :McCREARY]. His Mr. PICKLER. We are for protection in every respect. clru·ion voice is now lifted for this increase. He was as silent as The Clerk read as follows: the grave in the last Congress when this salary was appTopriated Whereas there is a diversity of opinion among the Republicans of the State upon t.he financial question; and for at $5,000. Whereas we have perfect confidence in the wisdom and patriotism of the Now, wHhout making any assault upon General Duffield, who R epublican party that shall assemble at St. Louis next June that it will con­ has a splendid record, as read there, I want to say that, wounded sider and ado-pt a platform broad and strong enough for every Republican to as he was in the service, if he is upon the retired list I am willing stand upon: 'l'herefore, We reaffirm our devotion and loyalty ·to the platform adopted at Minne­ to let him remain there. If he was wounded and is :f>ensioned, he apolis in 1892, and adopt it as our platform until the national convention shall has the same provision that other worthy soldiers have. And give us another. while I deny nothing that can be properly given for the men who rApplause on the Republican side.] were renowned in war, I submit that when gentlemen bring that Row, Mr. Chairman, as to protection and as to finances and as forward as a makeweight, touching this office that this man to every other Republican doctrine, if you want to know our posi­ holds, to affect this increase of appropriation for salary, I am not tion, for that we refer you to the platform adopted at Minneap­ much in harmony with it. olis until the St. Louis Republican platform shall declare another. Mr. CHARLES W. STONE. Will the gentleman allow me to [Renewed a-pplause on the Republican side.] ask him a question? Mr. HART::MAN. I wish to ask the gentleman a question if he Mr. CANNON. Certainly. will yield. Mr. CHARLES W. STONE. The gentleman alludes to it as Mr. PICKLER. Yes, sir. an increase of salary. Will the gentleman state to me whether I Mr. HARTMAN. Does it not appear to the gentleman, in view am correct in the statement that until last year this salary was of the fact that the views and position of everybody who hapuens to uniformly $6,000? entertain similar views on the financial question have been ~falsely Mr. CANNON. I so understand it. represented by the gold-standard press, that that press, while on­ Mr. CHARLES W. STONE. And that last year, without any posed to the free coinage of silver, is unalterably in favor of the change of the statute, a less amount was appropriated in the free coinage of falsehood? [Laughter.] appropriation bill? M:r. PICKLER. Mr. Chairman, I know there have been a great Mr. CANNON. I so understand it. And now will the gentle­ many misrepresentations in the papers that the gentleman de­ man answer me if General Duffield is not receiving that $5,000, scribes, but I only desire to set the Republicans fairly before the a.nd if it w as not fixed in the house of his friends, when the House country. and the Senate·and the President were Democratic, he being an Mr. MEREDITH. Yon take it on faith, do you? appointee under that Administration? The Clerk read as follows: :Mr. CHARL.ES W. STONE. I "'ill answer the question. Neosho (Mo.) station: Superintendent, $1,500; foreman, $7:?V; one laborer, :Mr. CANNON. I am asking a very simple question. It can $600; in all, $2,820. be answered ves or no. 1\Ir. CHARLES W. STONE. I will answer that it was done in Mr. BURTON of Missouri. Mr. Chairman, I desire to offer the that way; but there are many things done by the Democratic following amendment: · President and Democratic Cong't·ess that do not meet with my The Clerk read as follows: approval, and when they undertake to ignore the provisions of Amend by striking out the word "five," in line 23, on page 33, and insert in • the statute I am not with them. lieu thereof the word "eight." Mr. CANNON. Oh, well, what the gentleman's reason for this Mr. BURTON of Missouri. Mr. Chairman, the direct effect of may be I do not know; but so far as I am concerned I think it is this amendment is to increase the salary of the superintendent sound economy, and sound politics as well, that we leave this from $1,500 to $1,800. He received-- Democratic employee as his Democratic friends fixed him, and MI. CANNON. Well, Mr. Chairman, I did not get my eye on that $5,000 iR, m my judgment , quite enough. the amendment until this m omeut. I ask that it be rE>ad again. Mr. WILLIAMS. 1\Iay I ask the gentleman from lllinois a I am not sure that I have it now. question before he sits down? The amendment was again reported . .M.r. CANNON. Yes. ' M.r. CANNON. Mr. Chairman, I think that is subject to the Mr. WILLIAMS. Is General Duffield drawing a pension? pojnt of order. Mr. CANNON. Idonotknow. Mr. BURTON of Missouri. What is the point of order? Mr. WILLIAMS. I understood you to say so. Mr. CANNON. The salary now is $1 ,500 and there is no law Mr. CANNON. Oh, no; I said when his record was read here authorizing $1,800, I believe. He gets $1,500. that I understood irom that record t hat he was wounded while in Mr. BURTON of Missouri. Pardon me. He got 81,800 for a the Army; that if there was an application to pension him, or if number of years. he is on the retired list, I would treat him as a magnificent de­ Mr. SAYERS. But not for the last two years. fender of the Union, just as I would treat his comrades; but that Mr. BURTON of Missouri. The la t Congress, or possibly the constitutes no argument as to how much salary an officia1 of the Fifty-second, reduced it to 81,500. I do not think the gentleman's Government should get in its civil s&Vice. That is all I want to point of order is well taken; because I do not think the law limits say, and I ask for a vote. the salary to $1,500. He was originally appointed at $1,500, and The CHAIRJ'I1AN. The question is on the amendment offered after serving a while his salary was increas~d, upon the recom­ by the gentleman from Pennsylvania rMr. CHARLES W. STONE]. mendation of the Fish Commissioner, for work remarkably well Mr. UNDERWOOD. Let the amendment be read again. done; and for a series of years he received 81,800 a year. Now, I I The amendment was again read. desire to say that this man has devoted m ore than eighteen years The question being taken, on a division (demanded by Mr. of his life to this position. He is well qualified, and is an author; CHARLES W. STONE) there were-ayes 29, noes 54. and the Fish Commissioner over here is using a work of this man j Accozdingly the amendment was rejected. on the Propagation of Black Bass in responding to the queries • 3404 CONGRESSIONAL RECORD-HOUSE. MARCH 31, that are made of that Department, and they do not pay him one Mr. CANNON. I wish to follow it in this instance, because I cent for it. And I say that a man of that character, of tha.t ex­ think it is good. perience, who has devoted the number of years he has to it, and :Mr. SAYERS. The gentleman will make no mistake if he fol­ who for a number of years received $1,800 a year, ought to receive l?ws the policy of the last Congress in the matter of appropria- that amount; and simply because some preceding Congress has tiOns. ' reduced, in an appropriation bill, his salary from $1,800 to $1,500 :M:r. CANNON. I am content to do it in this case. is not a reason why this House should continue to do him wrong. The amendment was rejected. I earnestly hope that this House will give to this man that which Mr. BURTON of Missouri. Mr. Chairman, I offer the amend­ he received for a number of years, that which his qualifications ment which I send to the desk. and which his service entitle him to. The amendment was read, as follows: Mr. CANNON. I do not know, Mr. Chairman, as to whether, Amend by striking out from the paragraph all after the words" sL'C hun­ strictly speaking, this is subject to a point of order or not. I un­ dred dollars," in line 24, page 33, and insert in lieu thereof the following: derstand it to be the fact that there is no statute fix:ing the salary. "One skilled laborer, $720; in all, 83,5!0." For the current year he receives $1,500 by an appropriation, and J'Jr. CANNON. Mr. Chairman, I think that is subject to a did, as I understand, last year, and some years prior thereto, point of orde1·. I do not know of any law that authorizes the em­ along 'vith other like officials at the various stations. I suppose ployment of a skilled laborer at this fish station. The Chair is that that constitutes the law, if there be any, fixing his salary. familiar with the law under which laborers, messengers, clerks The gentleman can not show anything where the law says he shall of class 1, 2, 3, and 4 may be increased, according to the wants of have $1,800. the service-that kind of increase specially authorized in the Mr. BURTON of Missouri. Then if the appropriation cut it Revised Statutes-so that that may be either an increasing or a down to $500, it never could be increased. decreasing force, according to the requirements of the service; Mr. CANNON. Well, it is competent to legislate. I am dis­ but skilled laborers do not come within the provision. So fRr as cussing what constitutes the law, in the light of the rule, for these any general authorization by law is concerned, they stancl upon salaries. If it is competent to appropriate $1,800 instead of $1,500, the same ground as a chief of division or any other officer not it is competent to appropriate $18,000. authorized by the common statutory provision. Mr. BURTON of Missonri. There is no legislation. Mr. BURTON of Missouri. Mr. Chairmn.n, as to my friend's :Mr. CANNON. There is no legislation for $1,800 or $18,000, point of order, if there is anything in the word "skilled" which and there is no legi lation for $1,500 except the current law. The brings the amendment within the point, or which would justify salary that he gets at present is $1,500, appropriated for in the the Chair in sustaining the point of order, then I ask leave to sundry civil law for the current yea1·, and has been that for sev­ modify the amendment by striking out that word. Now, as to eral years. I suppose that, for the purposes of the rule, that would the merits of the amendment, this fishery is established at the be considered as law. little town of Neosho, a place of some 4,000 people, situated upon Mr. SAYERS. Mr. Chairman, I desire to say a word about this a series of hills at the base of which there rush out most magnifi­ appropriation. During the last Congress-! do not remember cent springs of living water. The Government has gone to that whether it was at the first or the second regular session-there town and established a fishery. Originally not only did they was an effort made to equalize the stations in this respect, and allow this superintendent $1,800 a year, not only did they allow after careful inquiry the conclusion was reached that the salaries labor as they now allow it, but they allowed also what I am then carried in the appropriation bill were ample for the office. pleased to call a skilled laborer, by which I mean a .man who can My recollection is-and I speak only from recollection-that at do rough carpenter work, who can do rough painting, who can most of these stations the superintendents are supplied with houses make flues and boxes and trays, who can build a dam, if neces­ in which to live. That being the case, and with the advantage of sary. For a number of years that skilled la,borer was there in the continual residence at the stations, very light work indeed, and employ of the station, and when his time was not devoted to the not very great responsibility, it does seem to me that this Congress discharge of such duties he was occupied in fish-culture. Even­ ought not to undertake to return to the old system of salaries for tually he took a civil-service examination and was promoted to be these superintendents. As they now stand in the bill they are all a fish-culturist and was transferred to another station. Since equalized, but if you return to the salaries that obtained more that time his place has never been supplied. than two years ago you 1vill have them unequal at the different Mr. Chairman, from the day that plant was establi hed until stations, and there will be a constant effort on the part of those now the business there has constantly increased. To-day it is who are receiving the smaller salaries to put themselves on an especially devoting itself to the propagation of rainbow trout and equality with those who are better paid, and at the same time black bass, particularly black bass. There is not now at that those receiving the larger salaries will be trying to have them in­ point sufficient force to handle the black bass and ship them to meet creased. This ought to be permanent law instead of annuallaw, the demand therefor. Why, Mr. Chairman, I assure this House and the salaries of the superintendents of these stations ought that last spring when I was there, standing upon the banks of one not to be larger at any place than the amount fixed in this bill. of those magnificent ponds, the black bass came up and even Ur. SJ\fiTH of Illinois. Mr. Chairman, on the point of order whined for more laborers that they might be taken out and distrib­ made by my colleague (nfr. CANNON] I desire to say that I do not uted throughout the country. [Laughter.] think it is well taken. The salary is provided for this position in The CHAIRMAN. The Chair sustains the point of order. each annual appropriation bill, and failure to provide the salary Mr. BURTON of Missouri. Then I moclify my amendment and in an annual appropriation bill would virtually abolish the office. reoffer it with the word" skilled" stricken out. The appropriation made in the last appropriation bill provides a Mr. CANNON. If thegentlemanstrikes out the word'' skilled," salary for the present fiscal year. The appropriation bill now un­ so as to provide simply for a laborer, I presume that a motion to der consideration is intended to provide a salary for this officer for "increase the force of laborers is within the rule, because that gen­ the next fiscal year. Hence, under a ruling made a few days ago eral class of employees is authorized by the Revised Statutes. by the gentleman then in the chair, there is no existing law fix­ The gentleman has spoken to the merits of the proposition. Mr. ing this salary, and there being no existing law, I am compelled Chairman, the Government of the United States in its policy touch­ to differ with my colleague as to his point of order being well ing the Fish Commission and its work bas never been niggardly. taken. As to the merits of the case, as to whether this salary It is a magnificent service in the number of its officials and the should or should not be increased, I have nothing whatever to say. efficiency of their work. Some people believe that it i n ot a very I simply desire to emphasize the point that where a salaryisfixed important service. Fra.nkly, I think it is. Butlastyearwe appro­ annually in an appropriation bill a point of order will not hold priated 8336,240 for the distribution and propagation of fish, and against a proposition to increase that salary for the next fiscal this bill contains an increased appropriation, $339,340. The matter year in an appropriation bill. was fully examined in committee and from a friendly standpoint. The CHAIRMAN. The Chair overrules the point of order. After the fullest inquiry the committee is satisfied that it has been Mr. CANNON. Well, Mr. Chairman, on the merits I only not only just but liberal toward this sarvice in the appropriations want to say that all along the line for these superintendents of reported. I trust that the recommendations of the committee fish stations estimates were submitted for increase of salaries, but as reported will stand. I do not think we want to enter upon that kind of legislation. The question being taken on the amendment of 1\fr. BeRTON of One thousand five hundred dollars a year for the keeper of a fish Missouri, it was rejected; there being-ayes 14, noes 39. station, when he has a house furnished by the Government frea The Clerk read as follows: of rent and all repairs made, is a good salary, and I do not believe Clackamas (Oreg.) station: Superintendant, $1,500: one la.borar, $720; one that we want to disturb this happy Democratic family in the laborer, $600; in all, $2,8:!0. · · salaries fixed for these superintendents under the lead of the Mr. HARTMAN. Before offering the amendment which I have eminent gentleman from Texas [Mr. SAYERS]. in view I will ask the chairman of the committee a question. Is Mr. SAYERS. I trust the gentleman from Illinois will continue this matter of the continuation of the fish hatcheries already to follow the example set by the Democratic Congress in all his under construction to be taken care of in this bill or in the gen· appropriations. [Laughter.] eral deficiency bill? \ 1896. CONGRESSIONAL RECORD-HOUSE. 3405

Mr. CANNON. At the time this bill was completed we had not The Clerk read as follows: received any estimates for that purpose; they would not belong Amend, on page 13, by strikin~ out from the bill the paragraph beginning on this bill; they would be considered with the deficiency esti- with line 15, down to and includmg line 24. mates. - Mr. TATE. Mr. Chairman, I offer an amendment to strike out Mr. HARTMAN. Then this matter will come in properly on a portion of the paragraph, which I believe has precedence. the general deficiency bill? The CHAIRMAN. Does the gentleman offer an amendment to Mr. CANNON. The matter has not been examined as yet. the amendment? Mr. SAYERS. I think there is a clause in this bill which pro­ Mr. TATE. No, sir; to strike out a part of the paragraph,-which vides for these hatcheries when they shall have been completed. amounts to an amendment to perfect the text of the bill. Is not that so? The CHAIRMAN. The Chair thinks, unless the motion of the Mr. CANNON. That is for the personnel. gentleman from North Carolina is temporarily withdrawn, that Mr. HART~fAN. I will state my reason for this question. b. under the circumstances it would be first in order. my town in Montana there is now a hatchery in p1·ocess of con­ Mr. SWANSON. A motion to strike out takes precedence of a struction; it is partially completed. motion to perfect the text? As I understand it, Mr. Chairman, Mr. CANNON. That will go upon the general deficiency bill. a motion to amend would take precedence. Mr. HARTMAN. Very well. If that be the case I will not The CHAIRMAN. The Chair will cause the amendment of the detain the Committee of the Whole at this time by offering an gentleman from Georgia to be read, and will then determine amendment. - . whether it has precedence. Mr. SIMPKINS. Mr. Chairman, having been absent for a few The Clerk read as follows: moments, I ask unanimous consent to recur to line 11, page 32, to which I wish to offer an amendment. Amend by striking out, in lines 18 and 19 of the paragraph, the wordB "in­ The CHAIRMAN. Is there any objection? cluding payments for information and detection of such violations." Mr. CANNON. The gentleman, as I understand, was not pres­ Mr. TATE. The Chair will see that the purpose of my amend­ ent when that paragraph was read. I suspect that I am not in ment is to strike out the provision providing for the payment for harmony with his amendment, but I have no disposition to obje~t information or the purchase of information on the part of the Gov­ to giving the gentleman a chance to test the sense of the commit­ ernment, and leaves the appropriation as it was made in the bill tee up0n the amendment. for the detection and prevention of frauds. There being no objection, the Committee of the Whole recurred The CHAIRMAN. The Chair thinks the amendment of the to the following paragraph: gentleman from Georgia has precedence. Woods Hole Cl\Iass.) station: Superintendent, $1,500; machinist, $960; fish­ Mr. TATE. If the gentleman from North Carolina wishes to culturist, SOOQ; pilot and collector, $720; three firemen, at $540 each; two proceed, I do not want to take the floor from him. laborers, at $5-!0 each; in all, SG,780. The CHAIRMAN. The Chair has decided that the amendment Mr. SIMPKINS. I move to amend by striking out the words to perfect the text takes precedence of the amendment to strike "five hundred and forty," in lines D and 11, and substituting the out entirely. The gentleman from Georgia has sent up an amend­ words "seven hundred and twenty;" so that the clause will read: ment to perfect the text, which the Chair recognizes as first in Three firemen, at S720 each. order. Mr. Chairman, the object of this amendment is to make the Mr. McCALL of Tennessee. Let us have the amendment again salaries of the firemen engaged at Woods Hole equal to the sal­ reported. aries of the firemen engaged at the New York station. The work The amendment wa.s again read. of the firemen in these two places being identical, there is no Mr. TATE. Mr. Chairman, this question has been gone over by reason. I believe, why their pay should not be the same. It is the House heretofore in discussing the bill to pay district attorneys, conceded by all that the pay of the firemen at the New York sta­ marshals, and other United ~tates officials salaries in lieu of fees, tion, $720 each, is not too large. I hope, therefore, that my and it seems scarcely necessary to discuss it at length now, and I amendment will be adopted. will not undertake to again discuss this question in the short time 1\fr. CANNON. Mr. Chairman, tills appropriation for the sta­ allowed. The purpose is not to strike out the entire section of the tion at Woods Hole was written formally in the approp1iation bill bill nor to prevent the appropriation from being used for the pur­ four years ago, in accordance with the amounts which were then pose of detecting, arresting, and bringing to trial people who vio­ being paid to these employees, there having been full authority late the internal-revenue laws. The purpose is to strike out that on the part of the officers in chru·ge to make what disbursements clause and that provision "\vhich allows the purchase of informa­ they chose for this ptu-pose from a lump sum which had been tion by the Government and to pay for criminal information appropriated. Congress thought it wise to make the appropria­ against the citizen who may violate the law. tions for all these stations specific; and the salaries having been The question of fees, and the manner in willch the fees in the In­ fixed at these amounts when those in authority had plenary power ternal-Revenue Department have been made heretofore, by which in the premises, Congress adopted the roster a.s we now have it. expenses have been piled up against the Government; the work It seems to me we can not undertake to regulate and change these of the informer, the manner in which he makes his fees and how salades by amendment in Committee of the Whole. I trust the these detestable spies and informers are used to harass the people amendment will not be adopted. and how they ru·e paid for the same, has been gone over very The question being taken, the amendment of Mr. SIMPKINS was thoroughly, as I said, in the discussion on the fee bill a short time · rejected, there being-ayes 10, noes 31. ago. Under no other system of prosecution does the State courts The Clerk read as follows: or any other court provide money for the purpose of buying in­ Punishment for violations of internal-revenue la.ws: For detecting and formation. I undertake to say that such a proposition would not bringing to trial and punishment persons guilty of violating the internal­ be tolerated by the State courts for a moment. The appropriation r evenue laws or conniving at the same, including payments for information of money by the States for the purpose of buying information in and detection of such violations, $50,000; and the Commissioner of Internal criminal cases has n(;Jver been done. Revenue shall make a detailed statement to Congress once in each year as to how he has expended this sum, and also a detailed statement of all miscella­ Mr. Chairman, I again appeal to this House to break up the neous expenditures in the Bureau of Internal Revenue for which appropria­ business of the professional spy and informer by adopting this tion is made in this act. amendment. We should not appropriate the people's money to Mr. 1\icCALL of Tennessee. Mr. Chairman. I would like to ask pay a class of people who are generally the greatest criminals to the gentleman in charge of this bill if he will not consent to pass be found. over this paragraph, beginning with line 15, on page 38, and ex­ Mr. EVANS. Mr. Chairman, I feel constrained to differ with tending to line 24, with permission to return to it after the bill the gentleman from Georgia who offers this amendment, as well as bas been c-mcluded? with the gentleman from North Carolina rMr. LINNEY] , who pro­ Mr. CANNON. I am quite content that we should pass over poses to strike out the entire provision. !believe there is no more that paragraph and return to it after we read the bill through. important provision in this bill than the one now proposed to be Mr. LINNEY. I want to offer an amendment, Mr. Chairman, stricken out, and I shall urge upon the House not to paralyze the to strike out that whole paragraph. arm of the Commissioner of Internal Revenue by striking out or Mr. McCALL of Tennessee. I withdraw the request. altering tills proposed section of the bill. The CHAIRMAN. That will have to be done, the Chair will This is a very broad country of om·s, and the internal-revenue state, by unanimous consent. service ramifies the whole of it, and unless the Commissioner has Mr. McCALL of Tennessee. I have withdrawn the request. authority, and money to pay for the exercise of that authority in Mr. CANNON. Whichever way the gentleman from North the detection of fraud and in acquiring information concerning Carolina prefers, I have no objection, either to let it be considered fraud, you had as well not undertake to prevent fraud in the in­ now or accept the suggestion of the gentleman from Tennessee ternal-revenue service at all. It seems to me to be a most wise and let it be passed over by unanimous consent, to be recurred to provision, not only wise in terms, but wise by the experience of ( hereafter. the Internal-Revenue Service, for it is probably a quarter of a c6n­ I Mr. LINNEY. I prefer its consideration now. I offer the tury since there was the absence of such a provision in the law amendment I send to the desk. as this. ~ I •' 3406 CONGRESSIONAL RECORD-HOUSE. MARcH 3r,

I insist that it should not be stricken out, that the words sug­ sons operating them were violating the law and making a hell of gested by the gentleman from Georgia remain in, and that both one of the fairest portions of this country, converting into whisky of the amendments be voted down. I think the House will forget the corn which should have been used for furnishing bread to their the importance of the provision {f we yield to either of the pro­ families and food to their stock. posed a mendments. My friend from North Carolina [Mr. LINNEY] may rise in his Mr. LINNEY. :Mr. Chairman- place and talk most eloquently of the old Flag and the Union, and The CHAIRMAN. Debate on this amendment is exhausted. yet in his very district men are thus violating the law of his Mr. SAYERS. I move to strike out the last word. I wish to country. The number of fermenters seized and destroyed in his say a few words only, Mr. Chairman. This particular service is district were 558, and the number of gallons of beer seized and not the only one in which the Government makes use of informers. destroyed were 32,550. All this during tne past eig t months. The alien contract labor law, under which the informer is entitled But what of the Eighth district of North Carolma? I can not to receive pay for information which leads to the arrest, indict­ recollect which gentleman represents that di trict, but I believe ment, and conviction of a person violating that law, and other he sits on the majority side of this Hou e. We find that in that laws pertaining to other branches of the service, under which in­ di trict during the past eight months 100 illicit distilleries, 755 fer­ formers are also employed and paid, are as susceptible of criticism m enters, and 78,650 gallons of beer were seized anU. de troyed. as the clause under consideration. The CHAIRMAN. The time of the gentleman has expireU.. Now, I agree with the gentleman who has just taken his seat Mr. SAYERS. Mr. Chairman, this i an important item, and fMr. EVANS] that if this appropriation be stricken out the arm of gentlemen will assail it most vigorously. I ask unanimous con­ the Commissioner of Internal Revenue will be paralyzed, and that sent for ten minutes longer. illicit distilleries will spring up in certain parts of the country, and The CHAIRMAN. Unanimous consent is asked that the gen­ especially in the good old State of Virginia, and inNorth Carolina tleman's time be extended for ten minutes. Is there objection? and in Georgia. Certain gentlemen, whether Republicans, Demo­ There was no objection. crats, or Populists, must depend for their election to Congress, to Mr. SAYERS. During the same time 11,047 gallons of spirits some extent at lea t, upon the votes of those who are engaged in were also seized and destroyed. The report does not show whether this illicit and unlawful business. I am told, 1\fr. Chairman-! do it was brandy or whish.7. So much for North Carolina. And it not assert it as a fact-that when conventions are held in certain is enough. We will now turn to Georgia, represented in part by districts by the three parties there is one plank in the platform my good friend [Mr. TATE], who has already spoken and who has which is absolutely identical in all. We hear much about the free offered the pending amendment. Here we find in the Ninth dis­ and unlimited coinage of silver at the ratio of 16 to 1, but in those trict that 299 illicit distilleries were seized and destroyed during parts the burning question is, '• Freedom to the moonshiners and the past eight months . • permission to violate the internal-revenue laws of this country Mr. ALLEN of Utah. In one clistrict? with impunity." Now, this is no exaggeration. Gentlemen may 1\Ir. SAYERS. In one district; and also 3,645 gallons of spirits. smile when I make the assertion~ but it is believed by many to be 1\1r. LIVINGSTON. What kind of spirits? true. I have before me the official statement of the Commissioner Mr. SAYERS. My friend lives in that State and he knows bet­ of Internal Revenue as to the manner in which the appropriation ter than I. There were also seized and destroyed 21)2,535 gallons of $50,000 made at the last session of the last Congress for the cur­ of beer. As to Virginia, the good old State, the mother of Presi­ rent fiscal year has been expended during the last eight months. dents, the home of i\Iadison and of Jefferson, so ably represented First I will take the State of North Carolina. If gentlemen will on this floor by gentlemen of high character and ability, we find turn to their Congressional Directory they will find out who rep­ that in the Fifth Congre sional district alone 83 illicit distilleries, resent the Fifth and Eighth districts of that State. During eight 8.394: gallons of spirit , 600 fermenters, and 75,100 gallons of beer months of the present fiscal year in the Fifth district of North Car­ were seized and destroyed. I ask leave, 1\Ir. Chairman, to print olina 160 illicit distilleries were seized and destroyed. The per- the entire statement in the RECORD as a part of my remarks.

Rep01·t ojwo1·k done by revenue agents and amount expended from "fraud fund" from July 1, 18.9l>, to FebruanJ 1B9. 1896, by Cong1·essional dist1·icts.

Amount Regis illicit I Fer- Gallons I Horses . . . expended tereddis- .dist~ler- Gall~n~.s me~ters of ?eer and Wagons Value of Assess- State. Congresmonal district. ,.trom tilleries 1esse1zed,of S_PJ.rlts se1zed setzed mules seized. property ments fraud seized and de- smzed. and de- and de- seized seiZed. reported. fund." · stroyed. stroyed. stroyed. · ------·:------:-----:------1----1---- California ______._ Fourth ______$1,550.10 1 ---·------·------$9.11.15 $10,674.C9 Do------·---- Second______31.45 ------···------··------121..22 ~nesota·------· Sixth ___ ·------·------·------7,4-!0.25 Do---·------Seventh ______------·------300.00 North Dakota.------·------·------·------.----- . -----.--- 3, 758.00 1, $'5. 50 Montana.------·-----·------·-----·------·------250.00 Nebraska------Fourth------·------··------~------·------102. 50 Do------Sixth______18.66 ------1 ------·------· ------·------·-- 150. 00 Iowa ______------Third---·-----·------· _----- _------_--·-- _____ ------··-- _------______too. 00 lllinois ______------First------·------251.82 ------606 ------______------• --·------______114.87 5, 7~. 07 Do------Eighth ______---·------·------47.70 1,3:18.84: Do ____ ------_---·----- Twelfth.--·------__ ------____ ------____ ------_----- ____ ------_----- ______------2"21. 88 Do_-·--- ______-·------Fifteenth ______·-- _----- _----- . ------_.. ------______------______----- ______.. ______------1l2. 50 Do------______.-----____ Seventeenth ______----- _------____ ------_--·--. ______----- _----- .. ______350.00 B~ ====~:~===~:====~--====~=== ~::~~~~~~~n-<1::=::::: ::::::::=::: :::::::::: :::::::::: =~~~=:=::: ====~::::: =====~==== :::::::::: :::::===== ::::::~::::: 2i~:~ Wis:S~~~=:::::=::::::~:::::::: ~~-<1: :::::::::::::::: ~~:~ :::::::::: :::::::::: ------24- :::::::::: :::::::::: :::::::::: ::::::::~: ------4:so· ·-----212:50 Do------Third ------101.56 ------··------2"'~ .- ~ Do------______-----·---- Fifth._------213.71 ------_------_------_------____ ------1"''

Repo1·t of work done by 1·evenue agents and amount expended f?·om "fraud fund" fron~ July 1, 1805, to February 29, 1896, by Cong1·es8ionaZ districts-Continued. Amount Regis Illicit Fer- Gallons Horses expended ter~d dls- _dist~ler- Gall?l!S me~ters of !>eer and Wagons Value of Assess- State. Congressional district. J~~d till_eries ~~~'d:.d o;:&~d~s ~az~~- ::d~~- mules seized. property men ts fund." seiZed. stroyed. stroyed. stroyed. seized. seiZed. reported. Tennessee·------Sixth·------90 ------$128.00 $58.33 Do------·------Se~·enth.------$63.00 ------3 ------4A 200 ------·------Do __ ----_-----_-----______Eighth _____ -----_------119.00 ------3 190 21 5, 000 1 ------466.00 ------.Al·kansas ______First------·------·------·------Do ... ------Second______170.00 5 ______7" 40 3,000 ------385.00 ------Do ...... Third------670.00 ------18 4 121 12,300 ------1,508.110 ------Do------·-·· Fourth ...... ------.... 160.00 ------6 5 il 100 ------550.00 ------Do ______Fifth.------·------10.00 ------1 2 ------100 ------25.00 -···------Mis~~ri~~~~=~===~=~~~======~;;;t--==---_-_-_-_-_·_======------~~--~- =====:==== ______:_ ====::======------~~-'=====:======~:~=== ------~~~------3.i5:M Do------Fifth------·------162 ------216.25 1,002.50 Do------1 ii:v~nth·------t 91.05 ------154 ------____ ------142.50 22, 78!. 68 I T~elfth.=====~=~======61 00 6 92 16 "'n 1'".00 Do ------1 Thirteenth------· ------U'±\1 ------V± ------Iowa ______First ______------679.17 Do __ . ______------____ Six:th .... __ ----- _____ ------__ ... __ -.----.------... ------.---. ------. ------. ---. ----.--.---- 2lo. 61 Do------Ninth------·------450.00 Kansa.s ------First ______------···------1150.00 :~~,~ ~~=~~~: ~~~~~~~~~~ ~:=~ ~!i:~~== ~~ ~~:: ~~:::: ~ ft ~ ~ ~ :::: :~: ------r ::::::;: ------~- --l~~r ~ ~ ~ ~~: := ~: ==~= ~:~~:: 1•m fi ::::~:~:~ Do------··- Third------40 ------100.00 ----·-250:5! DO------Fourth. ______. 135.03 ------7 175 52 7,485 --···----- 1 938.00 ------Do ...... Fifth______38.52 ------2 ------.------268.00 250.54 Texas ______First------~------______:. ___ ------62.!U Do------Second ______------30.00 37.50 DoDo------______SixthThird------______------58.12 Do------Seventh ______------·------28.51 Do------Twelfth ______------55 ------·-if ------250------i------i- 100.00 ~:3b ::~~~~-:~===~~~=~=:::==~~~=== ~~:t~~~======~:::: ~:~ l J ~ J8 ------2------4- !:~:~ 50.00 Do------Nineteenth------40.61 ------~------·------6ii:oo gg ====~:~~======ir~~~~~~i~t~==~~~=== 1 ·~:~ ------r ------~------~- ----~~~- ======i======i= ---~~:-~------~:~ Pennsylvania------Philadelphia______319.5-Z ------1,382.63 Do------Ninth------12.56 ------·-----·--- -·------1!7.50 Bg ======ir:;~:0£11- :::::::::::::: J: U:::::::::: ==== :::::= :::::::::: :::::::::: ======:::: ======:===== :::: ======------3C0:62 Do------Thirteenth------50.24 ------· ------30.00 Eg ::======~:~i~~~coii.d======~:if ===::::::: :::::::::: ~ ======---TaG:J."a! NeD~~~~~~=~=~:::::::::::::::: §~~~d~~==:::~::::::::: TJ:~ ------·------200.00 370.00 ~i;i~I~ngfcoiu~£ia::::::::::: ~~~hi~~~on·=====:::::: 1~:~ :::::::::: :::::======:::::======~~~~:~~~~~~ Ken~~c~:.::~==::::::::::::::::: ~~~nd~:::::::::::::::: :::::::~:::: :::::::::: ::::::::== ------~- :::::::::: ====:::::: :::::::::: =====~======7~:88 Eg ::::::::::::::::::::======~~1li:=~:::::::::::::: ~~:~ t ~ 2'~ ------28- ----2~850- :::::::::: :::::::::: 1·~:~ ------~~~ g~ ======§fi~======~=~======:::::::::: ==:::::::: ------~~~- ======:======:======----~~~~~~~ DO------Seventh______326.41 ---·------·------1,255 ------·------500.00 83.25 Do------Eighth------·---- 444.00 2 10 302 35 1,600 ------755.00 74!.32 Do------Ninth______328.24 3 1 166 3 100 ------200.00 2,055.52 Do------Tenth.______584.00 3 9 252 20 900 ------345.00 1,142.98 Geo£~~~======~~======FeE~~~~==:~:::::::::::-----~:-~-::=::::::: Lt ~ ------~~- ----~~~- ======}:~~:~ ======Do------· Third------·-·------·-r·--· 122 ---·-- --- . ------·- 340.00 ------Do · Fourth 79 00 3 17 655 ii4- -6~600------======1 &W 00 ------1 4 B~ ==~======~======§f!t~-===:::::=::::::::: gg:~ 1~ ~ p~ ~:i~ ------1" ------T i:~~:~ ======go------~~v~~~h ------1,~. ~ ------T ~ ~ t~ ~·~ :::::::::: :::::::::: ~·t:_~-~ ::::::::::::

AlabamaB~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ . ------·--- ____ First;------f~J~~~~=~~~~~~~~~~~~~~ ===~~~~~~=15.00 ------~- ::::::~= ----~:~- ====~=:= · ==~~~~======~~======--==~ --~~~:-~_ ~~~~~~~~~-~ Do------Second______23.00 ------·-s· ----··--4- ---·----9- ·------50-======::::::==== -----·ss:oo- ======:::::: Do------____ ------·--____ Third . ------10.00 4 1 7 80 ------38.00 ------Do. ______------Fourth._------·-____ 633.00 49 47 266 14,690 1 f 4,093.00 ------Do.------·------Fifth------559.00 49 152 294 34,835 2 1 3,750.00 ------Do------Sixth______257.00 28 254 152 8,215 2 1 1,685.00 ------Do------Seventh______105.00 16 2 84 6,885 805.00 ------Do--··------··----·------Eighth------·--- 194.00 --·------20 97 171 13,800 ------2------T 1,526.00 ------Do------.... Ninth------.... ------___ ------1 8 7 200 ------· 60.00 ------In large cities, viz., San Francisco, Chicago, St. Louis, Milwaukee, New York, and Brooklyn, it has been impracticable to separate the items expended f1·om the "fraud fund " according to Congressional districts, owing to the fact that when aman is employed on Form 10 and paid from this fund he may often <10 work in two or more Congressional districts in the same day, thereby rendering it impossible to give actual data, as above stated. While this report shows approximately the amount expended from this fund, it does not exhibit the correct results, for the reason that many cases dis­ aggregatecovered within results the of time which named would have materially either not increase been reportedthe sums orreported. are before the courts or pending asettlement by offers in compromise in this office, the Attention is further called to the fact that the limited time allowed for gathering this data and putting it in its present shape was not sufficient to make theIn most some accurate districts report the reports possible. show violations of law• and seizures of property- and assessments resulting therefrom, while but little, and in some instances, direction,none of the and "fraud the "fraud fund" fund" wn.s exp is notanded. entitled 'I'he toresults the credit reported for such in suchwork. cases are due to the individual work of the agents or the deputies under their thisFive "fraud hundred fund." and thirty-two arrests have been made within the time named which it is pro-per to report as a part of the work resulting from the use of But I do not wish gentlemen who live in the North to think that refer to them thus courteously-who were thus engaged in the will­ the violation of the internal-revenue laws is confined to the States ful, premeditated. deliberate, and continual violation of the law, that I have mentioned. Let us go to the State of New York. We when arrested paid to the Government $12,000 and costs at one were told by the Commissioner of Internal Revenue that in the time in order to escape further prosecution. basement of a house standing upon one of the most prominent Mr. EVANS. I will remind the gentleman that this appropria­ streets in the city of New York an illicit distillery was being oper­ tion yields to the Government better returns than any other ap­ ( ated and that the illegal act was discovered and the gentlemen-! propriation in any appropriation bill, in my judgment. I / 3408 CONGRESSIONAL RECORD-HOUSE. MARCH 31,

Mr. SAYERS. I think so. I agree with the gentleman. Mr. SAYERS. There are not 350 voters in Floyd County. Mr. LIVINGSTON. May I suggest to my colleague, 1\fr. Chair­ Mr. LINNEY. You are just 600 citizens behind the times. man, that in recovering this revenue for the Government, private Yuu know as little about Floyd County as about the liquor of houses, private bureaus, private closets are entered and broken North Carolina. [Laughter.] open and searched without warrant, under no legal process what­ No'Y, ~et me sho~, ~r. Chairm3:n,.the ~reat iniquity of this ap­ ever? I want to ask my colleague if he indorses that part of this propnatwn. I mamtam before thiS mtelligent body of legislators system? and statesmen that no fund has ever operated upon the popular Mr. SAYERS. Mr. Chairman, I do not know that such things mind at any time in the history of the world that has produced as are done, and until a case is made and established I will not much corruption, .save and except that thirty pieces of silver that express au opinion. But I know this, that if the houses of inno­ were connected With the wonderful treachery that we read of in cent men are broken into and their property destroyed, they have sacred history, as does this $50,000 which provides for the payment their recourse under the Constitution and laws of the country. of special agents. . l\1r. LIVINGSTON. Now, will rriy colleague bear with me, The CHAIRMAN. The time of the gentleman has expired. because I do not want to make any speech on this subject? Mr. LINNEY. Mr. Chairman, I should like about ten minutes .1\fr. SAYERS. Certainly. on this subject. Mr. LIVINGSTON. Their recourse, Mr. Chairman, is through Mr. SAYERS. Mr. Chairman, I ask unanimous consent that the courts of the country; and it would cost them more to fee a the gentleman be allowed ten minutes. lawyer in most cases than the damages accruing. It is not the There was no objection, and it was so ordered. amount of property that they lose so much as the insult and injury Mr. LINNEY. I want to state further, for the benefit of this that they sustain, being free citizens of a country over whom the Committee of the Whole and of the distinguished gentleman from flag of the country floats, when their houses and premises are Texas in particular, that while North Carolina pays out annually searched without warrant. Now, I want to ask my friend if he over $2,000,000 under the internal-revenue system in excess of would be willing, and if the chairman of this committee will, if what she receives by way of pensions, the gentleman's own State this clause is kept in, add an amendment to the clause, ''Provided, does not pay a tithe of that amount, so that to-day my State is howeve1·, That all search and all investigation of private houses and feeling the weight of the Government burdens growing out of private closets shall be done under legal process of law~'? this internal-revenue system ten times more than the great Mr. SAYERS. Now, Mr. Chairman-- State of Texas, and therefore this is a matter of ten times more Mr. LIVINGSTON. Are you willing to do that? interest to the people of the Eighth district and of the Fifth Mr. SAYERS. I will answer. If such should be done, Mr. district of North Carolina than it is to any district in the gentle­ Cha,irman, it will only advertise to the fellows that the officers are man's State. coming [laughter], and there arenine chances out of ten thatthe But now, Mr. Chairman, I want to addre s myself to t h P- propo­ officers will never reach the house when the illicit distillery is sition which I have already announced, that this $50,000 stands in being operated. The newspapers of the country give us, week your appropriation bill, not as a fund for the purpose of enfor cing by week, accounts in w ich some one has been shot down at night the law, but as a very dangerous corruption fund, and to show at his fireside with his family, and when the authorities endeavor that I am correct in that statement I ask the attention of the to find out who it was that did the assassination, it is found that House to page 20 of the report of the Commissioner of Internal some man suspected of moonshining has suddenly left the country. R evenue for the year ended June 30, 1895. I find in that report This appropriation ought to be made, not only for the purpose of that one B. B. Bouldin r eceived $12,116.20 last yea1: for his work maintaining the majesty of the law, but for the pm·pose of reliev­ as a spy, and on another page l find that a man by the name of ing these sections of the deplorable consequences which always Pitts received $13;504:.29 for his services as a spy. Neither of result from the illicit distillation of liquors. The House can do those men has one-fiftieth part of the brain power which the dis­ as it pleases. This law does not affect my constituency. illicit tinguished gentleman from Texas possesses, and yet for engaging whisky is not distilled there. The duty of this committee is plain; in this disreputable busine~s they receive about four times the it should sustain this appropriation. salary that the gentleman receives for his valuable public Mr. KIEFER. Will the gentleman allow me to ask him a ques­ services. tion? I want to call attention to another fact, to show that this fund Mr. SAYERS. I will. acts as a corruption fund. From the reports which the ~Se agents Mr. KIEFER. What does the gentleman understand by the have made-not the regular officers, but these spies~it appears statement, so many thousand gallons of beer have been destroyed? that in each of these States they have reported something like 1\11-. SAYERS. I do not know anything other than what is con­ 3,000 violations of internal-revenue laws, and yet there have been tained in the statement from which I have read. I am not ac­ only about 600 arrests upon the information so received, and I quainted with the revenue laws. undertake to say that probably not one-tenth of the parties ar­ Mr. CONNOLLY. That is the mash that has not been suffi­ rested upon the information of these agents are ever prosecuted ciently fermented. and convicted. This shows, sir, that there have emanated from .1\fr. KIEFER. Then it is not the beer, as we understand it, these special agents over 3,000 falsehoods, that 3,000 of the citizens under the term of" lager beer," but is a mash? of the State of North Carolina have been slandered by them, and 1\Ir. SAYERS. I suppose not; it is the mash. that that slander had its origin in this appropriation. It was your Now, Mr. Chairman, I will not detain the committee longer. I appropriation of $50,000 that produced those slanders. It was have said all that I care to say on the subject, and if the committee this $50,000 that constituted the motive, the incentive, which should strike out the clause and leave the Internal-Revenue Office prompted these men to make these 3,000 false and slanderous re­ to the mercy of those who are engaged in the violation of the ports. law it must bear the responsibility. The load will not be on my Now, sir, I ask this House if it is not infinitely better that we shoulders. should have a little blockade whisky occasionally than that the Mr. LINNEY. Mr. Chairman, I move to strike out the last Government itself should go in partnership with a force which two words. deals in lies and gets those lies placed upon the records of this The gentleman from Texas has been rather severe on the State country? By encouraging these men the Government of the of North Carolina, and especially on two districts, the Fifth and United States becomes a party to one of the most disreputable the Eighth. I want to call the gentleman's attention to the fact enterprises known to mortal man. That is why I oppose this that, if the conditions are similar, his State is vastly more dere­ appro-priation. It is not that we in North Carolina are not in lict than mine. I see from the report of the Commissioner of favor of the enforcement of the internal-revenue laws, because we Internal Revenue of this year, on page 385, that while North are in favor it. If the people of North Carolina were oppm~ed to Carolina reports and paid tax on 708,971 gallons per year, the dis­ the enforcement of the internal-revenue law you would not see tinguished gentleman's State only reports 4,623 gallons per year. $2,000,000 pouring from the pockets of those people into the Treas­ Texas is as large as four or five North Carolinas; she is the ury annually in excess of what they receive from the GoYernment, greatest corn State of the age, and drinks more brandy than 10,000 but you would find North Carolina dwindling down in thisrespect Maines, and yet only reports 4,623 gallons per year. Now, Mr. to the condition oc~upied by the State of the gentleman from Chairman-- Texas, giving a sum so meager that you must have a spyglass to Mr. SAYERS. We feed our corn; we feed it to our horses and see it at all. [Laughter.] our hogs. Mr. Chairman, I am surprised anyway that the distinguished M1·. LINNEY. Then where do you get the vast amount of gentleman from Texas should become the champion of the in­ liquor that you enjoy so much in the great State of Texas? [Great ternal-revenue system in the South. fLaughter.] I will venture laughter.) to say that he never made a speech in Texas in which he did not Mr. SAYERS. Has the gentleman been in Texas? denounce the internal-revenue system. [Laughter.] If he did, l\ir. LINNEY. .1\fany a time. I own property in that State. he is about the only Democrat in the Sm:ith that ever did so. It Mr. SAYERS. Where? has been suspected that the Democracy were blowing hot and cold Mr. LINNEY. In Floyd County, where there is no brandy. on this question, but they have always denied it so 'igorously that 1896. CONGRESSIONAL RECORD-HOUSE. 3409

sometimes it has dampened theardor of some good Republicans in I withdraw my amendment. opposition to it. Mr. EVANS. Mr. Chairman, I beg to say a few words more Bnt, seriously, Mr. Chairman, this appropriation ought to be upon this subject, chiefly in answer to the very remarkable state­ stricken out. In that way yon will save S50,000 a year from a fund ment of the gentleman from North Carolina [Mr. LINNEY] . He that has never yet since it was first appropriated resulted in ~ne stated that one reason why this amendment should be adopted was good prosecution-not one. It is wrong, also, from anotherpomt that there was one man, named B. B. Bouldin, who received of view. This matter of employing spies in a republican form of $12,116.28 last year as salary out of this appropriation. Now, government is wrong, it is odious, it is distasteful to every honest the remarkable part about that statement is that that man did not and good citizen. Why, even the Athenians called their informers receive a dollar, except as the mere disbursing officer of the Com­ "sycophants." It has come down to ns from ancient times that missioner of Internal Revenue. The Commissioner is required by men whose business it was to lie around their neighbors' houses this section, and has always been required from the time this and catch the conversation going on there and twist and torture it clause was first put into an appropriation bill, probably twenty­ and misuse it so as to make it the basis for a prosecution were five years ago-for it was as necessary then as it is now-to make engaged in a most disreputable business, and they were descri_b~d a detailed statement to Congress of how this appropriation, which by the disreputable term "sycophant." For one, I shall not JOin is usually, and for short, called the" fraud fund," was expended. the army of sycophants, but I call upon this House to rise to the In his report last year, on page 20, he made a statement pursuant importance of the occasion and to strike fTom onr statute books to that provision of law showing in detail how this money was this fund, which simply fosters the most disreputable business that expended. The statement from which the gentleman read was ever was encouraged by a law of the United States. I will not headed- occupy further time. Amount expended through revenue agents for fiscal year 1895. [Mr. SWANSON addressed the committee. See Appendix.] One of those revenue agents through whom this fund was thus Mr. McCALL of Tennessee. Mr. Chairman, I move to strike expended was named B . B. Bouldin. The sum of twelve thousand out the last two words. one hundred and odd dollars was expended through him, though I am sure that if the members of this committee could fully un­ he did not and could not get one dollar of it as his own. Yet the derstand and appreciate the purpose and manner in which this gentleman says that was paid to him in salary, which sum of money is used that this feature will go from the bill. Now, those S12 O::JO the gentleman thought was enormously more than the dis­ who are opposed to the appropriation are not opposed to the en­ tinguished gentleman from Texas could or did earn in the way of forcement of the internal-revenue law, but they are in favor of salary. having it enforced in a high and honorable way, not through a Mr. LINNEY. Will the gentleman allow me? detective agency. but by known officers of the law. The gentle­ Mr. EVANS. I will yield for an inquiry. man from Texas.fMr. SAYERS] sanctioned the suggestion by the Mr. LINNEY. What is the meaning of the last item in that gentleman from Kentucky, and stated that t~ere was m?re profit column," C. J. Fleming,$36"? derived to the Government from the expenditure of thiS money Mr. EVANS. That means that C. J. Fleming, a revenue agent, than any other known expenditm·e made. was allowed to expend, under the direction of the Commissioner, I challenge that statement. There is the report of the Attorney­ ..,36 in that one year for the detection of fraud, and that is all. General, in which you will find that of all the convictions in these Now, I say again that this committee will, in my judgment, com­ courts in the States named and elsewhere for infractions of the mit an act of folly if it permits itself to adopt either of these internal-revenue law, there is not 1 per cent of the fines col­ amendments. I say again that no appropriation, in my judgment~ lected, although the Government pays the expense of the entire yields better returns to the Government than this, not perhaps in proceedings. But, further, the gentleman will find that there is dollars and cents coming into the Treasury, but in the prevention not 25 per cent of those arraigned by means of this appropriation of frauds upon the revenue, because those who know the workings who are ever convicted, and still the Government pays the bills. of this law know that the services required for the expenditure of The class of men who will get the benefit of this appropriation this money can not be performed as well by deputy collectors, are leeches on the Government. They are men who come to your marshals, and commissioners as by special employees. This money home, ingratiate themselves into your confidence, sit at your is probably for the most part expended in cities for the detection table, break bread with you, sleep and eat under your roof, and of frauds upon the revenue; and if it be wise to detect frauds, to-morrow, if possible, will scheme to entrap you and drag you to if it be wise to have :these gentlemen who represent constituen­ the court or to the prisons of the country. That iS the class of cies in which there are moonshiners disturbed by their arrest, if men who are affected by this provision. that be wise, then we ought to insist upon this expenditure. Why, Mr. Chairman, a few days ago one-half of the member­ Some of these gentlemen, I am inclined to think, are disturbed to­ ship of this House were on their feet denouncing the inspectors day by the fact that perhaps some of the members of the legisla­ of the Post-Office Department. We heard New York members ture in their districts have, under the operations of this appro­ say that the letter carriers of t.hat city were hotmded by men who priation, been detected within the last forty-eight hours in having folJowed them around and were not known to be Government five or six barrels of illicit spirits in their own houses. I officers. You heard later the friends of the pensioners telling was so informed by the Commissioner of Internal Revenue this you liow great an outrage it was to employ detectives to go morning. around through the country and bring charges against the pen­ .M.r. LINNEY. If the gentleman will allow me an interruption, sioners with a view of depriving them of their pensions. You I am satisfied that he is wrong. Will the gentleman look at page said that it was an outrage that ought not to be tolerated. You 19 of the Internal Revenue Commissioner's report? He will there said it was a damnable outra.ge upon the people. We come to you find this: from the South-and two-thirds of this appropriation is spent in the Southern States-we say our good people, our poor people, are There has been expended from the appropriation for salaries and expenses hounded down by the Government sleuthhounds, who by means of revenue agents the following sums: Salaries of agents, S-!8,000. of frivolous prosecutions are enabled to involve our innocent citi­ Mr. EVANS. That is a very different thing. That is for the zens in illimitable trouble'and enormous expense; men who know salaries of revenue agents. That has nothing to do with the 650,000 how to take advantage of the confidence of the people, of the illiter­ appropriated for the detection of fraud. That sum of $46,000 ex­ acy of many of the people, men whose living depends on their pended for salaries of revenue agents has nothing more to do with labor, men whose very names mean that we employ them to bring this item than the sum expended for the salaries of deputy collect­ information for use in criminal cases, men who understand that if ors. It is a different work, a different service. theydonotbring the information their job is lost, while if they do Now, gentlemen, I speak with some knowledge and experience bring information they will be paid for it. upon this subject, and I say that you will, in my judgment, com­ It is "information or no butter." That is what it amounts to, mit a most unwise act, an act of folly,~if you sustain either of the and they will descend to any kind of villainy in order to hold on amendments of these gentlemen. to the Government jobs that they have, at $100, $200, or $300 a I should like to include in my remarks an extract from the last month. I appeal to the members of this House, and I ask them ammal report of the Commissioner, and the one the gentleman to think well before they continue a detective agency to go up from North Carolina had before him when he spoke, explanatory and down the length and breadth of this country for the purpose of the statements I have made. of enforcing the law. I say to you, when this Government has Mr. LIVINGSTON. Let it be read. come to that pass that the law must be enforced through a de­ The statement referred to by Mr. EvANs is found on page 20 tective agency, wo have come to a bad pass indeed. Let us en­ of the report, and is as follows: force the revenue law, but let it be done in a high-minded, hon­ orable way, openly and aboveboard, by the known officers of the EXPENDITURES J!{)R THE DISCOVERY AND PUNISHMENT OF VIOLATORS Oli' law, and not by hired spies a:Q.d detectives, to follow in the tracks LAW. of every suspected citizen and drag him from his home into im­ In accordance with the provisions of the act making the appropriation, the following detailed statement of expenditures for detecting and bringing to I prisonment and into the courts, and to compel him to incur large trial and punishinent persons guilty of violating internal-revenue laws is j expenses in order that they may hold their jobs. submitted. / XXVIII- 214 3410 CONGRESSIONAL RECORD-HOUSE. ~lARCH 31,

Amount expended thmugh revenue agents for fiscal year 1895. concerned, I shall be glad to have a vote. I never have be~n par· ticularly zealous in advocating appropriations anywhere in the Name. Amotmt. l Kame. Amount. public service for detective work. I have the prejudice against detectives that most people have. But, after all, it does seem, not only in the public service but elsewhere, in the enforcement A. H. Brooks ____ ------$2,942.10 Wayne Ferguson------­ $3,439.53 B. B. Bouldin ______12,116.28 David A. Gates------4130.00 of law that it takes sometimes a pretty sly man, and, I have some· W. H. H. Bowen ______1, 117.20 James W. :McGinnis ______1, 3:,>9.16 times thought, a pretty mean man under some circumstances, to W. H. Chapman------8,578. 76 A. C. McGlachlin ------2,698.10 detect people who were evading the law. Now, then, the whole George B. Clark ______1,6..'15.96 W. L. Pitts ______13,56-!.29 B. L. CromwelL ______619.79 J. M. Tobin------­ 152.1.2 thing is in a nutshell. You can make from 4 to 5 gallons of T. B. Carson ______372.14 M. L. Wood------56.00 whisky from a bushel of corn, and the tax upon each gallon is 81.10. 486.20 H.0. J.P. FlemingDunlap------______Total ______1 ---- Mr. LIVINGSTON. That is pretty thin whisky. [Laughter.] 36.00 4o9,G'i3.63 Mr. CANNON. I am speaking of the latest improvements-not dilutea-from4 to 5 gallons. It runs as high as 5 in many instances. RECAPITULATION. Now, then, a bushel of corn is worth about 30 cents. The tax Amount expended by revenue agents ______------$49,673.63 upon the p1·oduct of a bushel of c.orn is, say &ito $5. You can Amount expended by collectors------_------5. 90 see at once what the temptations are to a man who thinks that his Amount expended for rewards ______------12.). 98 natural rights are being curtailed in what he regards as a legiti· Amount expended for miscellaneous expenses------1U!.49 mate business. The temptation is very strong if he can, and if he Total ______------50,000.00 is inclined to do so, to make that profit by escaping the tax. The accounts for expenditures under this appropriation are rendered Well, for year after year this appropriation has been made. Year monthly, with an itemized statement, and in all cases supported by proper after year that great temptation to evade the law leads many to subvouchers duly sworn to. · These accounts pass through all the accounting attempt its evasion. Now, I want to say to the gentlemen down o.ffices in the •rr~y Department and are filed in the Register's Office. South you have no monopoly in moonshining. Perhaps you have Mr. SKINNER. When I classified myself as a Democrat I was more of it down there-- proud to belong to the Randall s~hool as disti~guished from the Mr. SAYERS. YoucaU it by another name in your country. Carlisle school. I never have seen any reason m the many years Mr. CANNON (continuing). But not infrequently you iind since 1\ir. Randall has l.Jeen removed from the leadership of this people evading this law elsewhere. In the city of New York House for changing my opinion, either in respect to the abolition there have been seizures this year and elsewhere throughout the of the internal revenue, or what he tried to teach the Democracy country. of the country, that the internal·revenue system was an infringe­ Mr. LIVINGSTON. We may have a monopoly of making it ment upon the individual and natural rights of the individ~l cit­ down South, but we never have been charged with a monopoly of izens of this great Government, and through the great doctrine of drinking it. rLaughter.] ~ protection that you could_ not e leave to occupy that time. administer the law, except perhaps when you aaminister pensions, There was no obJection, and it was so ordered. where you treat the individuals and the citizens of the country in Mr. LAYTON. Mr. Chairman, I have just come into the Hall, such a way as you do the people engaged ih distilling-as a people and I understand that there is an amendment pending to strike who desire to avoid the execution of the law. So far as North out the appropriation for the employment of agents for tho pur­ Carolina is concerned, I repel the imputation upon the geodname pose of detecting violations of the internal-revenue laws, what is of her citizens. We are opposed to the internal revenue because known as the secret service, connected with the Buraau of Inter­ f1·eedom was born upon our soil and our natural inclination is to nal Revenue. rebel against any infringement upon our natural rights, especially 1\Ir. SWANSON. I will say to the gentleman that the Commis­ so when you accept as a premise that we desire to ev-ade the law. sioner is entitled to 20 regular agents, who are paid out of a dif­ The CHAIRMAN. The time of the gentleman has expired . ~ ferent fund. · Mr. CANNON. Mr. Chairman, I would be glad to have a vote Mr. LAYTON. Oh, yes. Of course the members of the sub­ upon this proposition. committee, of whom I had the honor to be one, are perfectly fa­ The CHAIRMAN. The Chair would state that debate is ex­ miliar with this subject and with all the facts connected with it. hausted on the pending amendment. This appropriation has no connection with the regular officials to Mr. CANNON. The amendment is to strike out the last word. whom the gentleman from Virginia refers. The service for which The CHAIRMAN. The pending amendment is the amendment this appropriation provides is of an entirely different character, offered by the gentleman from Georgia [Mr. TATE]. and in this connection I want to call the attention of the law-abid­ Mr. CANNON. Let it be reported. ing members of this House to certain facts. The testimony which The CHAIRMAN. To strike out parts of lines 18 and 19. the Commissioner of· Internal Revenue gave before the committee Mr. CANNON. Let us see. I did not catch what that was. was to the effect that the particular business o1· duties performed The amendment was again reported. by these special agents could not be transacted by the regular Mr. CANNON. Now, a single word, and then, so far as I am officials of the Government. In other words, he stated that every \ \ 1896. OONGRESSIONAI~ RECORD--HOUSE. 3411

dollar of this appropriation was necessary and could be usefully upon information that led Congress to believe that these people and profitably expended, and that by means of it in the past fiscal would starve if the appropriation were not made. It does seem year he had been enabled to dete0t and locate from 1,000 to 1,100 to me that a fair construction of the rule- illicit moonshine distilleries in the mountain districts of the South. The CHAIRMAN. The Chair would like to ask the gentleman It will be observed, I have no doubt, that the opposition to this in charge of this bill whether any points of order were reserved -appropriation comes especially from the Representatives of the against the bill when it was reported to the Honse? m )Un tain moonshine districts in Tennessee, in N o:-th Carolina, in Mr. CANNON. I do not recollect. The Journal will show. Virginia, and in Georgia. fLaughter.J The CHAIRMAN. The Clerk reports to the Chair that no Now, the Commissiomn·or Internal Revenue stated-! repeat it p0ints of order were reserved. In view of that statement, the so that every member may know just what is involved here and Chair would like to hear from the gentleman making the point of why he is voting for or against this appropriation-that the Com­ order. miqsioner himself asserted that by means of the agents employed Mr. JOHNSON of North Dakota. When this bill was intro­ under this appropriation, by means of these detectives, these in­ duced the gentleman from Pennsylvania reserved points of ord9r formers, if you please to call them so, he was enabled to discover, and an opportunity to discuss certain measm·es. Following that, detect, and destroy from one thousand to eleven hundred illicit· when an agreement was about· to be made for one hour's debate, stills in the States I have mentioned and a few in the Northern I arose, and b efore consenting to limiting general debate to one States, which would not have been done by the regular officers. hour I inquired of the gentleman in charge of the bill whether he It seems to me, Mr. Chairman, that this statement of fact is suf­ would explain in his thirty minutes this paragraph, and if not I ficient to fully meet the objections of gentlemen who represent wished to reserve my right to object to the paragraph. A general the moonshiners of the mountain districts of N orth.Carolina, Vir­ understanding was had then-- ginia, Tennessee, and GeoTgia. The question resolves itself into The CHAIRMAN. The question which the Chair is now rais­ this: Whether you will permit the gradual but certain destruction ing is whether any points of order were reserved against this bill of the internal-revenue system, so far as revenue from whisky is when it was repOI'ted to the House by the Committee on Appro­ concerned by permitting these moonshiners to go on and manu­ priations. facture and sell this illicit whisky, or whether they shall be sup­ Mr. CANNON. Gentlemen about me say that no points of pressed by a proper enforcement of the law. order were reserved, but I have no recollection on the subject. The Commissioner of Internal Revenue said that in no other The CHAIRMAN. The Clerk says that the Journal shows that way than by such an appropriation as this could the result be no points of order were reserved . successfully achieved. As is well understood by members of the Mr. GROSVENOR. Mr. Chairman, if it should transpire that committee and by everyone who has given the matter consideration, no points of order were reserved, the question then arising would the regular officers of the Government to whom the gentleman on be a very important one, which ought to be discussed and decided my left fMr. SwANSON] has referred are well known in their re­ very carefully. In my opinion (in which I think I am supported spective 1ocalities, so that it is utterly impossible for them to de­ by the highest parliamentary authority in this House) it does not tect this illicit business and the persons engaged in it, and hence make a particle of difference, when a bill is reported, whether it is only by employing persons who are not known to those en­ points of order are reserved or not. The questions arising in con­ gaged in the business that it can be ferreted out. By means of nection with the bill come up one by one as the Committee of the these special agents, paid from this appropriation, the Depa.rtment Whole considers the particular paragraphs or subjects. has been enabled to discover. and suppress the number of illicit I know it has been customary to reserve points of order on an distilleries I have mentioned, and the Commissioner emphatically appropriation bill when reported by the committee, but it has says that it is only by such means that that work can continue to never been held, so far as I know, that the failure to do so waives be done with any large degree of success. any point of order upon any given paragraph of the bill. I have The question being taken on the amendment of Mr. TATE, the no interest in this question except a-S a matter of parliamentary Chairman declared that the noes seemed to have it. propriety. Mr. LINNEY. I ask for a division. Mr. DOCKERY. The gentleman will allow me to suggest as a The committee divided; and there were-ayes 24, noes 71; so the fact that the Speaker, at the opening of this session, upon an in­ amendment was rejected. quiry of mine, held that it is necessary to reserve points of order Mr. LINNEY. Mr. Chairman, I withdraw the amendment that when appropriation bills are reported. Subsequently the gentle­ I offered. man from Maine [Mr. DINGLEY] made the same inquiry in the The Clerk read as follows: House, and the response of the Speaker on that occasion was to To enable the Secretary of the Treasury to furnish food, fuel, and clothing the same effect. to the native inhabitants on the islands of St. Paul and St. George, Alaska, Mr. GROSVENOR. That is not my recollection of the sug­ $1!),500. gestion of the Speaker; my recollection is quite the reverse. Mr. JOHNSON of North Dakota. I raise a point of order The CHAIRMAN. The Chair will state for the benefit of the against the clause just read, being lines 12 to 15, inclusive, on gentleman from Ohio, rr he desires to discuss the matter, that page 45. I raise this point on the ground that the appropriation according to the understanding of the Chair the Speaker has held is not authorized by any existing law. The first appropriation of more than once during this session of Congress that points of this kind was passed four years ago; and it has every year since order must be reserved when a bill is first reported. The Chair been passed in exactly the same langua,ge, but no point of order of course desires to make a ruling that will be in accordance with has been raised upon it heretofore. · the precedents, and will be very glad to hear from any gentleman Mr. CANNON. Mr. Chairman, it seems to me that this point who is informed upon the subject. of order is not well taken. To give the history, so far as I recol­ .Mr. GROSVENOR. If the Speaker made that ruling it is, of lect it, of this appropriation will lead me necessarily and inci­ course, the law of the House, and I would not controvert it. But I dentally to speak of why it was made and under what authority. can see no philosophy, tmder my observation of parliamentary law, Of course the Chair will take notice of the acquisition of Alaska that bears out such a construction of the rule as that. The House from Russia and will also take notice of the location of these has control over its legislation; this is the first time that it reaches islands-St. Paul and St. George. They are the Seal Islands. the point or comes to the particular paragraph in question; the The Chair vvill also take notice of the contract which was made question then arises, Is that paragraph within the jurisdiction with the American Fur Company, which contract resulted in the of the rules of the House? And whether the points of order were employment of the inhabitants resident upon those islands. The reserved upon the bill or not, that question there arises for the public history also is that as the catch decreased the means of first time, and could not have arisen at any other point in the support of these Indians diminished, that being all they had to proceedings. live upon, the employment they received and the product. Per­ Mr. DOCKERY. I agree very fully with the gentleman from haps this matter can be stated in fewer words if I read from the Ohio, but., as a matter of fact, the Speaker did so rule. hearing of the Assistant Secretary of the Treasury before the com­ Mr. LACEY. Let me ask the Chairman how is a member of mittee on this subject. It is short. the House, or a member of the committee, to have an opportunity By the terms of the modus vivendi the number of seals allowed to be taken to know anything that may be contained in the bill on which he on the Seal Islands was reduced greatly, and it became necessary in conse­ may desire to make the points of order? These bills are handed quence to provide for the support of the native inhabitants on the Seal Is­ lands. An annual appropria.tion of $19,500 for this purpose has been made in sometimes, and very frequently, too, when the House is not full, since 1892. Of the appropriation for the fiscal year ended June ao, 1895, $3,3'30 when the members are absent, sometimes just on the point of was used to reimburse the b1shop of the Greek Church for moneys collected adjournment; and in that way, perhaps, when there are not 20 by him as gratuities from the natives and which were redis-tributed to the donors by order of the Government agent in charge of the Seal Islands. This members present, the chairman of the committee submits his bill, action, which was directed by the Congress, reduced the appropriation to which is not read for the information of the House, but is simply $16,175, which was insufficient for the support of the 2L families, comprising ordered to be printed and go upon the Calendar; and for all the 89 persons, on the Island of St. George, and 54 families, comprising 196 per­ information the House has to the contrary it may be loaded down sons, on the Island of St. Paul. with matters that are objectionable under the rule. I think this is the fourth or fifth annn~l appropriation which Mr. GROSVENOR. !tis simply a vain thing and has no appli­ has been made; I believ0 four have already been made, and made cation. For instance, I stand here and say, "I reserve all points 3412 CONGRESSIONAL RECORD-HOUSE. ~{ARCH 31;

of order upon the bill" when it is reported. Why? Because there back from the Printing Office until12 o'clock; so that, the first is presumably something in the bill that I think is not in harmony r eading of the bill being dispensed with, it strikes me that it is with our rules or warranted by the law. But how am I to know, proper to make points of order as we proceed, section by section; when the chairman of the committee comes in and presents the but if the bill had been r ead through the first time, as of course bill, that anything of that character is contained in it? It sounds the rules 1·equire, and no one had made any point, then I think almost like an imputation upon him that he will bring in a bill the decision would be right that the point of order was not re­ here which contains some illegal legislation; but, acting on that served. assumption, I say! r eserve all points of order, when the chance is Mr. GROSVENOR. .Mr. Chairman, there must be some reason that, as a matter of fact, he has done nothing but what the law for a ruling such as is sought to be made here, and that reason allows him to do. must be based upon some philosophy of parliamentary procedure. Mr. McMILLIN. Mr. Chairman, I do not undertake to say It may be said, and I think it has been said, that the committee what the ruling has been on this subject. I have a very high can not reject, as not in order, that which the House has sent to regard for the clearness of the rulings of the Speaker of the House, it. That is the ground upon which the proponents of this propo­ and his ruling on a question of that kind would have very much sition must stand, and I may say that that was the ground upon weight with me. But what the law is in principle I have no which the intimation of the Speaker was based; but I ought also doubt; and I have no doubt but that the gentleman from Ohio [Mr. to say in that connection that the pre ent Speaker of the ;House, GROSVENOR] is entirely correct as to what the rule should be and than whom there is no better parliamentary authority in the is, in principle, taken independently of what may have been the United States, said he would hear argument upon the proposition. drifting course of the House. And that was said in response to the inquiry by the gentleman I have frequently myself, and very many other members also, from Maine [Mr. DINGLEY] . reserved points of order on appropriation bills when reported, Now let us see how much there is in that proposition. Has the beQause there has been a controversy always as to whether or not House sent to the committee anything that is binding upon the it was necessary to reserve the points of order in advance. But action of the committee? And if so, what is it? It is reported I have never seen any founda,tion or any reason for the claim that from the Committee on Appropriations, and nothing is said about it was necessary to reserve points of order against a bill that had it. It is true that the House makes the reference of the bill. never been read, its contents unknown to the House, not at that I will turn aside right here and say that the doctdne of waiver time to be entered upon for consideration, no possible means by can not apply. Nobody has waived anything, for the very fu·st which the membership of the House should know that there was underlying principle of a waiver, in all r elations of life, whether an infraction of the law in the bill, and when, on the contrary, in law or anywhere else, depends upon the knowledge on the part every presumption was that it had been framed in strict accord­ of the party of the existence of the thing which he waives the ex­ ance with the rules of the House. istence of. So, therefor e, the fact that the members of the House I trust, therefore, the Chair will look very carefully into this have stood by and made no objection can not have any effect. matter before deciding so important a question. I do not r emem­ And why not? It is a vain thing to make this reservation. It is ber that it has ever been decided directly, when the point of order made in the House, and not in the committee. The House can was raised actually upon some provisions of the bill. Opinions not hear it, for the House has no jurisdiction. Suppose when this have doubtless been given by the Chah· at different times, or sug­ bill came in a point of order had been made instantly. Suppose gestions thrown out with reference to the matter, and it has been some member had risen and said, "1\Ir. Speaker, I make the point held safer to reserve the points of order. But I think it has been of order that paragraph 1 of section 2is not in order." That ques­ done more from custom and abundant caution that on any fixed tion could not then be heard. There was no tribunal to try it. It principle of parliamentary law which makes it necessary to do so. was simply an utterance that was idle, because it would have no Mr. SAYERS. Mr. Chairman, I wish to make a single sugges­ effect whatever. So nothing has been waived. tion with reference to this matter: That the gentleman in charge Now, what did the House send to the committee? It sent that of the bill will allow this clause to pass over until to-morrow bill to the committee, and it said: "Take that bill, subject to the morning, the point of order being reserved, and the Chair can rules of the House." What are the rules of the House? Why, in then make inquiry into the law. It is a matter of importance. the first place, that we shall not consider that bill except at a time Mr. CANNON. That will be entirely satisfactory to me after when there is a quorum of the Committee of the Whole present. a minute or two, which I wish to devote to the question of order. You must have that as a foundation of your jurisdiction. And Mr. DALZELL. I would suggest that the same question will n ext, you take it subject to another rule of the House, which is arise in a few minutes again. that there shall be no new legislation upon that appropriation bill. Mr. CANNON. Very well; I am perfectly willing to have it That is one of the rules that is to guide you in the consideration out now. A single word on this question. of that bill. Can it be said that the House has, by a mere refer­ The CHAIRMAN. The Chair will decide on the point of ence to the committee, purged that bill and given to these pro­ orc1er-- posed enactments a quality that they did not have when they Mr. CANNON. If the Chair does not desire to hear argu­ were brought in h ere by the chairman of the Committee on Ap­ m ent- propriations? The CHAIRMAN. The Chair would like very much to hear This is a matter of very considerable importance. The trouble any gentleman who desires to be heard on the subject, although the under which we labor has been very well put by the gentleman Chail· has views of his own upon this question. from Iowa [Mr. LACEY]. It is this: Just as the H ouse is about Mr. CANNON. I have no desire to be heard, or to consume the to adjourn-as it was in this case-the chairman of the committee time of the Honse for the mere purpose of talking-- asks that the motion to adjourn be withdrawn just to permit him The CHAIRl\IAN. The Chair only meant to say that the Chair to introduce an appropriation bill. The whole membership of the had views of his own, to which he will adhere unless he shall see House is moving to leave the Hall. Is it possible that we are in cause to change them by reason of arguments that may be pre­ the midst of a procedure so entirely and wholly technical, that sented. But h e is not so set in his views as to be entirely unwill­ because that consent is given and no objection or r eservation is ing to be guided by gentlemen who are informed upon the question. made and no vain thing is done, that therefore we ar e bolmd by • 1\>Ir. CANNON. Then,perchance, I had better say a single word all the provisions of that bill? We ought to be compelled only to now. do things that have intelligence about them. We ought not to be I can see a reason for the ruling that points of order must be compelled to do unintelligent things, and we ought not to be com­ r eserved in the House. This bill is committed by the House to a pelled to say there are irregularities in that bill. We ought not Committee of the Whole House for consideration in committee, t o be compelled to say, "I charge that there are things in that and I suppose it is the duty of the committee to consider it. hill that violate the rules of the House," when we know nothing Therefore if it is to be returned for consideration by the House about it. because points of order have been made, it seems to me that the Suppose I should stand up now and reEerve all points of order, direction ought to have been given in the Hop.se, namely, that and the distinguished chairman should turn around and say, the Committee of the Whole should consider the bill and report "What is the matter with the bill? What is there in this bill it to the House, except as to such portions of the bill as may be subject to the point of order?" Why, I should have to say, "I subject to points of order. have no confidence in you. I am afraid you have got something .Mr. GROW. Will the Chair allow me a moment? in there which should not be there." See how unintelligent the The regular course of procedure on an appropriation bill would whole proceeding is. See how unreasoning it is, that because I be first to have it read through. Every member would then know have not seen a bill, and have had no opportunity to examine it, I what is in the bill; and I can see that there would be propriety in must do a vain thing, an abrupt and unparliamentary thing, or the Chair holding that without that all points not reserved could else I am estopped afterwards to say that the thing is not in order. not be subsequently brought up. But when, by unanimous con­ Now, I have said this much, Mr. Chairman, out of my high sent, the first reading of a bill is dispensed with, how is the House regard for the propriety of the rulings in the Committee of the to know what is in the bill except as it comes up? The commit­ Whole House. I have no interest in this paragraph. I do not tee reports it at 5 o'clock in the afternoon and calls it up the n ext know what it is. I do not know what is the subject-matter; but morning when the House meets at 12 o'clock. It does not come I have always held this view and have always stood ready to '! I 1896. CONGRESSIONAL RECORD-- HOUSE. 3413

occupy th~ position which I now do in the interest, in my judg-1 not being in order to report matter in the bill when you did not ment, of sound parliamentary law. • _ make an exception at the time it shall not be in order in the bill The CHAIRMAN. The Chair is desirous of rendering a de- itself. Then the point of order can still be made as to its existence cision which shall-- in the bill. You can object to it when you come to the point in Mr. GROSVENOR. Unless the Chair is abundantly ready to the bill. - decide the question, I ask whether we might not pass over the The CHAIRMAN. In determining this question, the Chair paragraph, reserving the point until to-morrow? thinks it is important to_take into consideration the organization The CHAIRMAN. If that is the will of the committee-- and power of the Committee of the Whole. which is simply to Mr. CANNON. I have no objection. transact such business as is referred to it by the House. Now,-the Mr. JOHNSON of North Dakota. I have no objection. House referred the bill under consideration to this committee as Mr. DALZELL. The same question may come up again. an entirety, with dh·ections to consider it. The objection raised Mr. GROSVENOR. Well, if it does, weshallhavetwoofthem. by the gentleman from North Dakota would, in effect, cause the The CHAIRMAN. What is the· pleasure of the committee? Chair to take n·om the committee the consideration qj_ part of this Mr. CANNON. I ask unanimous consent, if the Chair would bill which has been committed to it by the House. The commit- prefer, to let the matter go over; but if the Chair is prepared to tee has the power to change or modify this bill as the members, rule, I would be glad to have a ruling. in their wisdom, may deem wise and proper; but it is not for the The CHAIRMAN. The Chair has stated that if pressed to a Chairman, where no points of order were reserved in.the House decision he is ready to decide the question now, but if there is any against the bill-- member of the committee who desires to be heard, and time be .Mr. JOHNSON of North Dakota (interposing). Mr. Chairman, .taken up so that this matter can be brought out more clearly, the may I be allowed now to withdraw the point? Chair would be glad to defer the decision. · The CHAIRMAN. -Not until the Chair gets through. As the Mr. GROW. The Chair migh~ as_welldecide it now, a.s it may Chair was observing, the effect would be, should the Chair sus- come up in the next section of the bill. _ _ tain the point of order made by the gentleman from North Dakota, Mr. BARTLETT of New York. Mr. Cha.irman,Iamamember to take from the consideration of the Committee of the Whole a of the Committee on Appropriations, and should like to say a word. part of this bill which has been committed to it by the House I believe that this question is in some doubt. It being res novo, without reservation of this right to the chairman. Now, inas­ -I take it it ought to- be decided-in favor of the liberty of the much as no points of order were made in the House and none were member; that is, that the member should not be cut off for his fail- reserved against any of the provisions in the bill when it was ure to raise the point of order to the items in the bill when the bill is committed to this Committee of the Whole, the Chair holds that first brought in. Now, I believe that this appropriation should the point of order of the gentleman from North Dakota should be passed; but I frankly say that I do not think any member of be overruled and the Committee of the Whole should be allowed this House or committee ought to be deprived of his inherent to consider the bill in its entirety, as was proposed by the House right to object to any obnoxious legislation as soon as it is brought when it committed the bill to the Committee of the Whole. In to his knowledge; and, as has been stated by the distingli.ished gen- rendering this decision the Chair thinks he is sustained not only tleman from Ohio [Mr. GROSV.ENOR], it is impossible to take up one by the views of the present Speaker of the House, as intimated to of these large appropriation bills and to be fully informed of all it the House in a recent instance, but also by those of Chairmen of contains without examination, and thus see if there is a~ything the Committees of the Whole in preceding Congresses. In the in the bill that is obnoxious to the rule. And unless the Chair Forty-eighth Congress this question was presented when the river feels bound by precedents, I think the decision should be in favor and. harbor bill was under consideration. · In that bill, as the of the liberty of the member and substantial justice. Chmr now remembers, there was a provision for the project known Mr. LACEY. I would like to make one further suggestion in as the Hennepin Canal. When the bill was under consideration regard to paragraph 2 of section 21. You will observe that it in Comm~t~ee of the Whole the_ point of order was made against reads: - that proVIswn. In that case pornts of order had been reserved in No appropriation shall be reported in any general appropriation bill or be the House when the bill was committed to the Committee of the in order as an amendment thereto for any expenditure not previously au- Whole; but the Chair held that if they had not been reserved thorized by law- · he would have overruled the point of order and remitted the Drawing the distinction between an appropriation reported and question to the committee. one not authorized by law- Mr. GROSVENOR. Then let me say, Mr. Chairman, that that unless in continuation of an appropriation for such public works and ob- case is no authority whatever, because the question was not before jects as are already in progress- the committee. It was simply an obiter-dictum of the Chairman, Now notice the section of the clause- and that is all. nor shall any provision changing existing law be in order in any general ap­ The CHAIRMAN. In the first session of the Forty-eighth propriation bill or in any amendment thereto. Congress thjs question was dh·ectly considered on a parliamentary There are two distinctive propositions. First, that it shall not inquiry made by the gentleman from Indiana, Mr. Holman, and be reported-that is, any appropriation that is not authorized by the Chair then said: existing law. That would be a point of order against reporting The Chair will cause to be read what is said b_y the compiler of the Digest the bill. Next, that a provision changing existing law shall not iu regard to the practice in Committee of the ·whole House on the state of the Union. be in order. The Clerk read as follows: The CHAIRMAN. The Chair would like to ask the gentleman . "In a ~e 9f a.n appropriation reported by the CommJtte~ on .Appropriations from Iowa if that language is not identical with the language m conflict With Rule XXI, clause 3 (thelangnageofwhich 18 identical with the found in section 3 of Rule XXI of the Forty-eighth Congress? corresponding rule that governs this body), and committed with a bill it is not competent for the Committee of the Whole or its Chairman to rule it out Mr. LACEY. I do not know how it runs in the Forty-eighth of ordez: hl:cause _the House are presumed to have received, as in order, the Congress. It is different in some respects to the same rule, Rule report m Its entirety. So far as the proposed amendments are concerned XXI, of the last Congress. the current of the decisions of the Committee of the Whole Hou<>e have been The CHAIRMAN. The Chair has the rules of the Forty-eighth to ex~lude not onl~ a~ appropriat~o~ not previously ~ut~orized by law, but Congress before him, and will read a few lines of section 3. ~hlc~~:~ih~~~ 1 :fs~~~~d~;~ttmg, however, limitatiOns and provisions ' Mr. LACEY. If the Chair will read them I will compare them In accordance with this principle, the Chairman then ruled that, with the rule I have referred to. inasmuch as points of order bad not been reserved by the House The CHAIRMAN (continuing). It says: when the bill was committed, he therefore could not entertain the No appropriation shall be reported in any general appropriation bill, or be point of order made. in order as an amendment thereto, for any expenditure not previously author­ ized by law, unless in continuation of appropriations fQr such public works With these precedents in view, and in accordance with the and objects as are already in progress. reasons given above, the Chair overrules the point of order. Mr. LACEY. This is like it that far. Is that all there is? M.r. JOHNSON of North Dakota. Mr. Chairman, now I move The CHAIRMAN. Oh, no. to strike out lines 12, 13, 14, and 15, on page 45, and, in accordance Mr. LACEY. Now read the balance. with the agreement as to the closing of general debate, I hope that The CHAIRMAN (reading): I may have a reasonable time to discuss the amendment. Nor shall any provision in any such bill or amendment thereto changing Mr. CANNON. How much time does the gentleman desire? existing law be in order unless such as, being germane to the subject-matter Mr. JOHNSON ofNorthDakota. I do not think I shall occupy of the bill, shall retrench expenditures by the reduction of the number and more than fifteen or twenty minutes. salary of the officers of the United States, etc. Mr. CANNON. Iaskunanimousconsentthat the gentleman be The only difference between that clause of the Forty-eighth Con­ allowed twenty minutes. gress and the last Congress is the exception: There was no objection, and it was so ordered. - Nor shall any provision in any such bill or amendment thereto changing Mr. JOHNSONof North Dakota. Mr. Chairman, the chairman existing law be in order. of the Committee on Appropriations states that there are 275 of ' The exception, however, so far a.s this point is concerned, is these Indians residents on the Pribilof Islands. He states. that immaterial. there was a contract of employment with the American Commer­ I Mr. LACEY. So that, having passed the point of reporting, it cial Company. Mind you, the Government of the United States I ·' 3414 CONGREBSIONAL RECORD-HOUSE. MARCH 31, was not a party to that contract. These Indians are in no sen. e these Indians the exclusive right to that employment, which was the employees of-the Government. They are in no sense the pen­ very profitable up to 11:!90. I do not ask you to appropriate money sioners of the Government. They ·have no claim whatever upon to feed the men that I employ foT two months of the yeaT. I pay the Government for support. They are not, except in a very pe­ them good wages for two months in the year, and then when the culiar sense, natives of those islands. Those islands were unin­ woTk is done let them go. I do not ask the Govel'11IIl.eilt of the nabited a hundred years ago. These Indians and their ance_tors United States to .come in y&ar after year and support these men in were brought there as laboring men for the exclusive pm-po~e of idleness for ten months in order that they may be on hand when killing and skinning fm· seals, and they were given a monopoly I want them for two months the next year. Yet that is exactly of that business. They have that monopoly to-day. Your con­ what the Government is dotng for this company. stituents and my constituents have no 1.·ight to go to those islands These people on those islantls were first taken tbere by the Rus­ and compete with those Indians for employment. sians as slaves; they were to all intents and purposes slaves when During the twenty years when the Alaska Commercial Com­ we bought Alaska. J>any had a lea e of the islands these Indians lived on the fat of Mr. KIEFER. Not slaves, but serfs. the land. They were making at ·that time enormous wages for 1\1.1'. JOHNSON of North Dakota. Well, serfs is perhaps the the time they were employed. According to their contracts they better term. Now they are as free to go or como as we are. In could make twenty or thirty dollars a day each, and did make my judgment the monopoly which has been maintained in refer­ twenty or thh·ty dollars a day each at times. As contradistin­ ence to that seal industry should be broken up. AmeTican citi­ guished from the other Indians, they were familiarly known zens should have a right to visit every foot of soil over which the throughout the Alaskan and the Aleutian regions as "the rich Stars and Stripes float and to seek employment there. If my Aleutians." They were rich. The Alaska Company, under its laboring men wish to go to those islands in the Bering Sea to seek contract, was authorized to take a hundred thousand seals per employment for two or three months in the year and to earn in a year. As nearly as they could compute the number they took luxurians season $20 or $30 a day for a few days, they should have about a hundred thousand seals a year for about twenty years, the r ight to do so. and these nati ves- thel'e were only a very few of ,them-got 40 cents Those Indians were brought there simply for the pm-pose of hav­ apiece for killing and skinning those seals, and it took them but ing their labor during the short season when thatlabol' was neces­ one month to do it. There are only 76 families; there are less sary. Until the British Government sent a squadron of war than 76 able-bodied laboring men among them. About fifty or ships into the Pacific Ocean for the express purpose of following sixty men did this work. In some months they would earn and the seal herd throughout the winter and map:ping then· course did earn $40,000. When the Alaska Company :fiTst took charge of and publishing their charts, and until our Government by sub­ the islands it required three months to do the job, to kill and mitting to the Paris arbitr&.tion stood idly by and saw those skin a hundred thousand seals, the maximum that the company charts published, it was possible to preserve those seal herds; but was allowed to take annually; but by improvement in methods of after the report of the Pa1·is Tribunal, and after the British Gov­ living, of education, of instruction, and in the health of the Indians, ernment published those charts showing exactly where the seal they were trained and kept in such condition that at the clo_e of herd is :in the broad Pacific every day of the winter, there was the twenty years' lease they could perfoTm this task in one month. scant reason to hope for the pemapency of the seal industry. That left them eleven months of absolute idleness, during which After we had failed in our contention that the seal he:rd was our they lived on the earnings of one month-lived extravagantly as property when 3 leagues, or at a later day 60 miles, beyond the a rule, especially for the first few months aftel' the close of the islands, then we could not hope to recover our right of property season. in that seal herd while on the ocean. Every poacher and every When we first commenced to appropriate money ·for food, fuel, ph-ate on the broad P.acificnow has those charts, prepared under and clothing for these natives there was some reason for it. The the diTection of the British Govel'lliDent, and c~n stay right by first bill was passed at the fu·st session of the Fifty-second Con­ the herd as accurately as you can stay by a flock of sheep in your gress. Coincident with the expiration of the contract of the pasture. The Assistant Secretary of the Treasury, Mr. Hamlin, Alaska company and when the American company took charge in giving his testimony this wint r before the committee, said: '' I we had difficulty with the Canadian poachers and other robbers; can tell you now, within a few miles, the exact spot on the Pacific and by order of the Treasury Department these natives were then where that seal herd is in its migration toward ~itka." forbidden to catch more than 7,500 seals :per annum. As they Since the British -Government published those charts and gave received only 40 cents apiece, of course this regulation of the them into the hands of then· poachers-since the Paris Tribunal Tl'ea~ury Department reduced immensely their hwome. Tbey compelled their publication and our Treasury agents 1·eported could not then earn enough in one month to su;ppoTt them in them, it is as utterly impossible for us ever to save a remnant of idleness the other eleven months of the year. There was some that seal herd as it is for you to restore the buffalo herds on the reason then why we should contribute toward their support, prairies of Kansas and Illinois. because they were forbidden by the Treasury Department to How many of these seals have we left? In 18 7 there were six catch more than 7,500 seals per annum during the modus vivendi and a half million. Now the evidence of experts, given before the according to our treaty relations with the British Government. committee this winter, showed that there were only 175,000 of The Tl'easury Department forbade them to earn any more than them left, and they doomed to extermination. that. But now it is different; now they are earning more. Last The occupation of these Indians is gone. They must sooner or year the restriction was removed, and they were allowed to catch later seek other employment. We have only one thirty-fifth or as many seals as they could find of the class that it was profitable one thirty-seventh as many sea.ls now as we had in 18 7, and the to catch. They worked last summer for three or four months, only protection they had; namely, secrecy as to where they lived and they found 16,000 seals of a marketable grade. Forty cents in the winter, has been removed, and you can no more save the each on 16,000 skins would amount to something like $6,400-a Alaska seal herd from extermination now than you could restore very fair income for 76 families of i[ndians. the mastodon, the Irish elk, or the great auk, when God decreed Those Indians are not destitute; tbey had a pretty fair income the entire extermination of the species. last summer. But even if theydid.not r-eceive enough to support How long sha11 we goonappropriating·$19,500 a year to the sup­ them in idleness during eleven months of the year, we must ask port of 59 families of Indians in idleness? If you want to supvort ourselves the question, When sb.all the time come when these In­ people in idleness, if you propose -to expend the money of the Gov­ dians shall become self-supporting'( Will it•ever come? In my ernment in that way, then let us select somebody who pays taxes, vpinion never, so long as they are dependent exclusively upon that who bears some of the bu1•dens of Government, or who can bear business. But if it be true that this business ·during the time it arms. I do not want it done for my constituents in my district; I continues can not yield enough for the wnole support of these do n ot want it done for the labor that I employ; and I pl'otest against Indians, is there any more reason why we should pay the hired having our public moneys expended in this manner to support men that are woTking for this company -than ·that we should pay these Indians in idleness, when they are better off and happier if the hired men who go to the pineries in the winter and to the they are employed 1ike other Indians making a living-following wheat fie1ds of N arth Dakota in smnmer? hunting, shipping, fishing, or whatever other work they can secure. I am situated in my business in very :much the same way that Mr. CANNON. 1\Ir. Chairman, I have no desh·e to follow the this American Commercial Company is"in its business. That com­ gentleman from North Dakota in discussing the fate of the seal, pany needs a large number of hands fm· a shorl time, and finds it except as the fate of -the seal, so far as this appropriation is con­ cheaper to get the Government to keep these .m.en tbe year (l'Ound cerned, means either subsistence or starvation, as the case may be, than to ship 'laboring men up there during the season when they for some 289 people in these two islands. are required and then ship them back again. My laboring men And I want to say to the gentleman that I do not undeTstand come to me from the pineries ·of Minnesota, Michigan, and Wis­ that to be the most luxurious agricultural country in the world. consin, and from the Great Lakes or .from the railroads. "They go If I have a ·correct know~edge about it, the two islands are but into my wheat fields in August ·and :September. 1 pay them for two rocks in that inhospitable ocean, and the only possible means ·the time I employ them; and when I discharge them they go else­ of subsistence to the inhabitants of these two islands comes from ·where t o tind employment. Those men are not allowed to go to the seal life. rthe Aleutian Islands, because the contract with fhis company gives The gentleman says .that these people were taken there perhaps • 1896. CONGRESSIONAL RECORD-HOUSE. 3415

a hundred years ago-long before we acquired Alaska. I do not seals that are to be destroyed, that the whole herd is to be killed know about that. I am not informed. It is very likely that it off, the killing to take place in the open sea or elsewhere. Then, is true, for the gentleman is usually correct in his statement of indeed, the occupation of these people will be entirely gone. facts. But at all events these people are there-men, women, My friend asks, "Are we to support them always?" I hope not; and children. They got .along fairly well as long as the Alaska but the United States, in dealing with the Indians on this conti­ company, under contract with the Government, furnished medi­ nent elsewhere than Alaska, has always, in the presence of star­ cines, cared for the sick, and paid them 40 cents for their services vation, appropriated money to support the IndULns, although for each seal caught. It was not a luxurious subsistence. The they could go anywhere 3,000 miles across this magnificent con­ gentleman says that it paid good wages for about a month in tinent of ours. The Government has done that rather than every year and supported them in idleness for the other eleven let them starve; and in other instances are supporting, rather months. Now, in the name of all that is good, what else could than fight them. Now, there are those poor people . . They and they do, or find to do, except to be idle under the circumstances? their ancestors have been there for a hundred years. and the means But, Mr. Chairman, when this company quit killing 100,000 of support provided for them has, by the action of this Govern­ seals a year, when the Government said, "You shall not kill a ment and other govemments, supplemented, if you please, by ac­ hundred thousand, but a smaller number," every reduction made cident, disappeared. They can not get away. There is no land in the number killed took away the subsistence of theB3 289 people. for them to plow. There is for them neitQ.er seedtime nor har­ Then, when under the modus the company killed only 7,000 or vest. Pending the solution of the question as to what is to be 7,500 seals it reduced them from the fatness of the land to less done with them, I shall, for one, vote for this appropriation to fatness, for you do not get much fatness out of 7,500 seals, and the keep them from starving. compensation of 40 cents a head for killing them, for 289 people, The CHAIRMAN. The question is on the amendment offered instead of the compensation that they got at 40 cents a head for by the gentleman from North Dakota (Mr. JOHNSON]. a hundred thousand. The gentleman says this year they killed The amendment was rejected. 16,000. The Clerk, pr~eeding with the reading of the bill, read as fol­ l'r!r. JOHNSON of North Dakota. They killed 16,000 last year. lows: Mr. CANNON. Last year. Well, that would be $22 per head, Lighting the Capitol: For lighting the Capitol, including the Botanic Gar­ at 40 cents compensation, to support these 289 people. The bare den, Senate and House stables, Maltby Building, and folding and storage statement shows that it means poverty and simple starvation for rooms of the House of R epresentatives; for gas and electric lighting; pay ot gas fitters, and for matenals and labor for gas and electric lighting, and for the inhabitants of these two islands. general repairs, $16,000. Mr. KIEFER. Can not they be taken away from there? Mr. CANNON. Likely they could- , Mr. CANNON. Mr. Chairman, I submittheamendmentwhich Mr. JOHNSON of North Dakota. Is it not the obligation of I send to the Clerk's desk. the people who employed them to pay them and take care of The amendment was read, as follows: them? On page 48, line 20, after the words "pay of," in.'!ert "superintendents of Mr. CANNON. Not at alL My recollection is that the com­ meters, lamplighters"- pany is required to take care of them, as it pays the compensation J\Ir. CANNON. That should have been reported in that way. fixed by the contract, namely, 40 cents a head for killing the seals. It is for current service. The company is required to furnish also certain fuel under a con­ The amendment was.agreed t-o. tract, I think, and once, indeed, I believe, a deficiency appropria­ The Clerk, proceeding with the reading of the bill, read as fol­ tion was made to the company for extra amount of fuel and pro­ lows: visions furnished that it was not bound to fm·nish under the con­ SURVEYING THE PUBLIC LANDS. tract, and but for that these people would have starved then; but For surveys and resurveys of public lands, $250,000, at rates not exceeding $9 per linear mile for standard and meander lines, $7 for township, and $5 for it has grown worse since the Government has further limited the section lines: Provided, That in expending this appropriation preference catch. shall be given in favor of surveying townships o~cup1ed, in whole or in part. Now, I will give you all the information I have, except my gen­ by actual settlers and of lands granted to the States by the act approved February 2'Z, 1889, and the acts approved July 3 and July 10, 1890, and other eral recollection, on the subject. We had this information in 1~93. surveys shall be confined to lands adapted to agriculture and lines of reser­ The Secretary of the Treasury, Secretary Carlisle, says in his vations, except that the Commissioner of the General Land Office may allow, report: for the survey and resurvey of lands heavily timbered, mountainous, or cov ered with dense undergrowth,· rates not exceedin!.f SIB per linear mile for With reference to the appropriation of $19,500 for food, fuel, and clothing standard and meander lines, $11 for township, and $1 for section lines, and in for the native inhabitants of the islands of St. Paul and ::;t. George, Alaska, cases of exceptional diffi.cnlties in the surveys, when the work can not be con­ which has been made annually for two years past, I have to say that while tracted for at these rates, compensation for surveys and resurveys may be the appropriations have been in excess of the sums actually expended, yet in made by the !"aid commissioner, wit.h the approval of the Secretary of the view of an opinion of the First Comptroller- Interior, at rates not exceeding $18 per linear mile for standard and meander The First Comptroller even gets in up there, you see- lines, $15 for township, and $12 for section lines: Provided, That in the States of California, Idaho, Mm1tana. Oregon, Arizona, Wyoming, and Washington, to whom this subject was to-day referred, to the effect that the appropria­ there may be allowed, in the discretion of the Secretary of the Interior, for tion is not a continuing one, and therefore can be used only for the payment the survey and resurvey of lands heavily timbered, mountainous, or covered of expenses incurred during the year for which the appropriation is made, with dense undergrowth, rates not exceeding S25 per linear mile for standard be the full amount appropriated for the current year would required for the and meander lines, $23 for township, and ~~ for section lines. And of the ensuing fiscal year. The suggestion made to your committee yesterday by sum hereby approp1·iated not exceeding $15,000 may be expended for resur­ Mr Maher, of this Department. that S10,000would be sufficient, was upon the veys, and not exceeding $!0,000 may be expended for examination of public assumption that such an unexpended balance of the appropriation for the surveys in the several surveying districts in order to test the accuracy of the current year as might remain would be available during the ensuing year. work m the field, and to prevent payment for fraudulent and imperfect sur­ It is therefore recommended that $19,500 be appropriated for the purpose veys returned by deputy surveyors, and for examinations of surveys hereto­ stated. fore made and reported to be defective or fraudulent and inspecting mineral Now, we did not go very fully into this matter at" this time. It deposits, coal fields, and timber districts, and for making such other surveys was looked into as fully as we could look into it when it com­ or examinations as may be required for identiftcation of lands for purposes menced, if I recollect, in the Fiftieth or Fifty-first Congress. of evidence in any suit or proceeding in behalf of the United States. Mr. JOHNSON of North Dakota. The Fifty-second, I think. Mr. ALLEN of Utah. Mr. Chairman, I have an amendment Mr. CANNON. Perhaps it was the Fifty-second. Our action which I should like to offer. at that time has been followed since, so that we only gave it a The amendment was read, as follows: casual examination this time. We asked Mr. Hamlin, Assistant On page 52, line 4, strike out "and,,. after the word "Wyoming," and insert Secretary- "Colorado and Utah," after "Washington." As to the next item­ Mr. CANNON. Mr. Chairman, the gentleman has offered his Which is this item- amendment. If he yields the floor now, he will be entitled to it 1 suppose it is absolutely necessary, to enable you t-o procure fuel and in the morning. If he will yield, I will move that the committee clothing for the inhabita,nts-$19,5001 rise. Mr. Hamlin replied: Mr. ALLEN of Utah. Very well, Mr. Chairman. That is absolutely necessary. Up to 1892 or 1893 we killed anywhere from And then (on motion of Mr. CANNON) the committee rose; and, 80,000 to 100,UOO seals, and the natives were paid 50 cents each. The catch in the Speaker having resumed the chair, Mr. HoPKINS, Chairman of 1892 was cut down to 7,500, and the natives would starve if it weTI~ not for tbh; ass:istance. the Committee of the Whole House on the state of the Union, re­ Then we asked him to write us a letter about it, giving the num­ ported that that committee had had under consideration the bill ber of these inhabitants, and so on, and he gives the number on (H. R. 7664) making appropriations for sundry civil expenses of one island at 21 families, comprising 89 persons, and on the other, the Government for the fiscal year ending June 30, 1897, and for 54 families, comprisjng 196 persons. Now, I think the gentleman other purposes, and had come to no resolution thereon. has probably correctly stated that the seals are doomed, and these ENROLLED BILLS AND JOINT RESOLUTIONS SIGNED. people are doomed, so long as they remain there with the seals. Mr. HAGER, from the Committee on Enrolled Bills, reported One proposition is to kill all the seals. The law has been enacted that they had examined and found truly enrolled bills and joint which provides that unless we can get a modus with Great Britain resolutions of the following titles; when the Speaker signed the and perhaps other countries-certainly Great Britain, including same: Canada-which will absolutely limit to the lowest amount the A bill (H. R. 1861) for the relief of James Lirukey from the I / 3416 CONGRESS! ON AL RECORD-HOUSE. MARcH 31,·

operation of the act restricting the ownership of real estate in the Commerce, to which was r eferred the bill of the House (H. R. 2757) Territories and the District of Columbia to American citizens; to fix the compensation of distTict superintendents and of the crews A bill (H. R. 4254) granting to the Duluth and North Dakota of life-saving stations, reported the same without amendment, Railroad Company right of way through certain Indian reserva­ accompanied by a report (No. 1033); which said bm and report tions in the State of Minnesota; were referred to the Committee of the Whole House on the state A bill (H. R. 4698) to provide an American register for the of the Union. steamer Matteawcm; Mr. PAYNE, from the Committee on the Merchant Marine and Joint resolution (S. R. 111) to authorize Benjamin Harrison to Fisheries, to which was referred the. bill of the Senate (S. 1423) accept certain me(J.als present-ed to him while President of the to protect the wages of seamen, reported the same without amend­ United States; and ment, accompanied by a report (No. 1034); which said bill and Joint resolution (S. R. 114) authorizing and directing Bernard report were referred to the House Calendar. R. Green to exercise the duties and powers heretofore conferred upon the late Gen. Thomas L. Casey in relation to the construc­ tion and completion of the Library of Congress. REPORTS OF COMMITTEES ON PRIVATE BILLS. REPRINT OF A BILL. Under clause 2 of Rule XIII, private bills and resolutions were severally reported from committees, delivered to the Clerk, and By unanimous consent, on motion of Mr. HAINER of Nebraska, referred to the Committee of the Whole House, as follows: a reprint of the bill H. R. 306 was ordered. By Mr. WOODARD, from the Committee on Claims: A bill LE.A. VE OF ABSENCE. (H. R. 7816) for the relief of JohnS. Burwell, administrator of By unanimous consent, leave of absence was granted as follows: the estate of A. L. Burwell, deceased, reported in lieu of House To Mr. BRosrus. for the remainder of this week, on account of bill No. 1130. (Report No. 1004.) important business. By Mr. AVERY, from the Committee on War Claims: To Mr. JoHNSON of California, for five days, on account of ill­ A bill (H. R. 7"774) for the relief of Francis L. Abbott, admin­ ness. istrator of the estate of Thomas J. Treadwell, deceased, reported To Mr. BRUMM, for one week, on account of important business. in lieu of House bill No. 69. (Report No. 1017.) Mr. KIEFER. Mr. Speaker, my colleague, Mr. EDDY, desires The bill (H. R. 1808) for the relief of Agnes and Maria De Leon. to have his leave of absence prolonged for another ten days, on (Report No. 1018.) account of serious illness in his family. By Mr. COOPER of Texas, from the Committee on War Claims: There was no objection. The bill (H. R. 642) for the relief of James M. Oliver. (Report And t.hen, on motion of Mr. CANNON (at 5 o'clock p.m.), the No. 1019.) House adjourned. The bill (H. R. 641) for the relief of Charles P. Anderson. (Re- port No. 1020.) . ·EXECUTIVE COMMUNICATIONS. By Mr. MAHON, from the Committee on War Claims: The bill (S. 662) for the relief of William S. Grant. (Report Under clause 2 of Rule XXIV, the following executive commu­ No. 1021. ) .. nications were taken from the Speaker's table and referred as The bill (S. 753) for the relief of Margaret Kennedy. (Report follows: No. 1022.) A letter from the Secretary of War, transmitting a letter from By Mr. GIBSON, from the Committee on War Claims: The Col. John M. Wilson, of the Corps of Engineers, requesting author­ bill (H. R. 5329) for the relief of Dr. Thomas J. Coward. (Report ization to pay the rent of a building occupied by his assistant in No. 1023.) the construction of a new building at the Government Printing By 1\fr. HURLEY, from the Committee on War Claims: Office-to the Committee on Appropriations, and ordered to be The bill (H. R. 7680) for the relief of the heirs or legal repre­ printed. sentatives of F. Z. Tucker, deceased. (Report No. 1024.) A letter from the Secretary of War, inclosing a letter from the The bill (H. R. 7643) for the relief of the legal representatives Acting Chief of Engineers, United States Army, together with a of David Heustis! deceased. (Report No. 1025.) report relative to the cost of broadening and deepening a channel By :Mr. OTJEN, from the Committee on War Claims: The bill to a width of 150 yards and to a depth of 28 feet from Hampton (S. 792) for the relief of Wells C. McCool. (.Report No. 1026.) Roads to the United Statesnavy-yardatNorfolk, Va., and also for By Mr. HATCH, from the Committee on War Claims: The bill improving the \Vestern Branch of Elizabeth River-to the Com­ (H. R. 3290) for the relief of Goff A. Hall. (Report No. 10!37.) . mittee on Rivers and Harbors, and ordered to be printed. By 1\fr. FENTON, from the Committee on Military Affairs: The bill (H. R. 505) for the relief of Rev. Edwin Warriner. (Re­ REPORTS OF COMMITTEES ON PUBLIC BILLS AND port No. 1030.) RESOL ITTIONS. Under clause 2 of Rule XIII, bills and resolutions were severally ADVERSE REPORTS. reported from committees, delivered to the Clerk, and referred to Under clause 2 of Rule XIII, adverse reports were delivered to the several Calendars therein named, as follows: the Clerk and laid on the table, as follows: Mr. WILBUR, from the Committee on Agriculture, to which By Mr. OTJEN, from the Committee on War Claims: The bill was referred the bill of the House (H. R. 1221) to make oleomarga­ (H. R. 6619) for the relief of Sidney 1\f. Davis, late a private in rine and all other imitation dairy products subject to the laws of Company F, Sixth Regiment of Cavalry, Army of the United the State or Territory into which they are transported, reported the States. (Report No. 1028.) same with amendment, accompanied by a report (No.1015); which By Mr. NEILL, from the Committee on War Claims: The bill said bill and report were referred to the House Calendar. (H. R. 5746) for the relief of Benjamin F. Fox. (Report No.1029.) Mr. A VERY, from th6 Uommittee on War Claims, to which was referred the bill of the House (H. R. 7326) to provide for the PUBLIC BILLS, MEMORIALS, AND RESOLUTIONS. . restatement, readjustment, settlement, and payment of dues to army officers in certain cases, reported the same without amend­ Under clause 3 of Rule XXII, bills, resolutions, and memorials ment, accompanied by a report (No.1016); which said bill and of the following titles were introduced and severally referred as report were referred to the Committee of the Whole House on the follows: state of the Union. By Mr. TOWNE: A bill (H. R. 7770) to provide for the erection :Mr. W ADSvVORTH, from the Committee on Agriculture, re­ of a public building in the city of Brainerd, Minn.-to the Com­ ported a bill (H. R. 7780) for the establishment of a bureau of mittee on Public Buildings and Grounds. animal industry for the inspection of meat products and live By Mr. BURTON of l\1issomi: A bill (H. R. 7771) authorizing stock, suppression and extermination of contagious and infectious and directing the Secretary of the Navy to donate condemned diseases among cattle and live stock, to regulate the t ransporta­ cannon and condemned cannon balls to certain posts of the Grand tion of cattle and live stock and prevent the exportation or im­ Army of the Republic-to the Committee on Naval Affairs. portation of diseased cattle, live stock, domestic or other animals, -By 1\fr. MOODY (by request) : A bill (H. R. 7773) · to r equire and forotherpm·poses, accompanied by a report (No. 1031); which common carriers engaged in interstate commerce to provide sleep­ said bill and report were r eferred to the Committee of the "\Vhole ing berths for certain passengers and to regulate the rate to be House ori. the state of the Union. charged therefor-to the Committee on Interstate and Foreign Mr. DALZELL, from the Committee on Ways and Means, to Commerce. which was referred the bill of the House (H. R. 6259) to expedite By Mr. MAHANY: A bill (H. R. 7775) to appropriate $2,000,000 the delivery of imported parcels and packages not exceeding $500 to widen the locks in the Erie Canal so as to permit the passage in value, reported the same without amendment, accompanied by of modern torpedo boats for the protection of the lake cities-to a report (No. 1032); whic.h said bill and report were referred to the Committee on RaHways and Canals. · the Committee of the Whole House on the state of the Union. By 1\Ir. l\10NEY: A bill (H. R. 7776) to increase the efficiency M1·. WANGER, from the Committee on Interstate and Foreign of the personnel of the Navy-to the Committee on Naval Affairs. 1896.- OONGRESSIONAL RECORD-HOUSE. 341}'

By Mr. BERRY: A bill (H. R. 7777) to authorize the Secretary By Mr. MEREDITH: A bill (H. R. 7800) to increase the pension of the Navy to furnish condemned cannon to Fort Thomas, Ky.- of William Hall-to the Committee on Pensions. to the Committee on Naval Affairs. . · By }!fr."MILLIKEN: A bill (H. R. 7801) to remove the charge By Mr. BARRETT: A bill (H. R. 7778) establishing gas buoys of desertion from the record of Daniel W. Morton-to ·the Com­ in Linn Harbor, Massachusetts-to the Committee on Interstate mittee on Military Affairs. and Foreign Commerce. By Mr. TRELOAR: A bill (H. R. 7802) granting a pension to· By Mr. BARTLETT of New York: A bill (H.R. 7779) to allow John P. Clark-to the Committee on Invalid Pensions. the return of certain kinds of mail matter without the prepayment By Mr. WALSH: A bill (H. R. 7803) granting a pension to of postage-to the Committee on the Post-Office and Post-Roads. Edward Binnix-to the Committee on Invalid Pensions. By Mr. BABCOCK: A bill (H. R. 7813) to authorize the exten­ By Mr. WATSON of Ohio: A bill (H. R. 7804) for the relief of sion of the Columbia Railroad eastward from its present terminus, Kate Winter-to the Committee on the District of Columbia. and for other purposes-to the Committee on the District of By Mr. WILSON of New York: A bill (H. R. 7805) for there­ Columbia. lief of George M. Clapp, of the Washington Iron Works-to the Also, a bill (H. R. 7814) to amend the charter of the Eckington Committee on War Claims. and Soldiers' Home Railway Company of the District of Colum­ By Mr. RAY: A bill (H. R. 7806) for the relief of William F. bia-to the Committee on the District of Columbia. Alger-to the Committee on Military Affairs. Also, a bill (H.R.7815) to amend thecharteroftheBeltRailway Also, a bill (H. R. 7807) for the relief of Marvin Coman, late Company of the District of Columbia-to the Committee on the Company C, One hundred and seventy-eighth New York-to the District of Col urnbia. Committee on Military Affairs. By Mr. SHUFORD: A resolution (House Res. No. 228) to investi­ Also, a bill (H. R. 7808) granting a pension to Ross W. Titus, gate bond sales-to the Committee on Ways and Means. late of Company I, Eleventh United States Colored Artillery-to the Committee on Invalid Pensions. · CHANGE OF REFERENCE. Also, a bill (H. R. 7809) grantingapension to Charles H. Wick­ ham, late second lieutenant Twenty-ninth United States Colored Dnaer clause 2 of Rule XXII, the Committee on Claims was dis­ Troops-to the Committee on Invalid Pensions. charged from the consideration of the bill (H. R. 2011) for the By Mr. TUCKER: A bill (H. R. 7810) to remove the charge relief of Capt. John T. Bruen, of the State of New York; and the of desertion against Addison C. Stanton-to the Committee on same was referred to the Committee on War Claims. Military Affairs. By Mr. WHEELER: A bill (H. R. 7811) to restore the name of PRIVATE BILLS, ETC. Henry Graves to the pension roll-to the Committee on Invalid Under clause 1 of Rule XXII, private bills of the following Pen*>ns. titles were presented and referred as follows: Also, a bill (H. R. 7812) to increase the pension of John W. By Mr. WHEELER: A bill (H. R. 7772) to increase the pension Carter-to the Committee on Pensions. of Theodore N. Cobia-to the Committee on Pensions. I By Mr. ALDRICH of Alabama: A bill (H. R. 7781) to provide PETITIONS, ETC~ '. ___ . ·--- - · an American register for the barge Black Diamond-to the Com­ mittee on the :Merchant Marine and Fisheries. Under clause 1 of Rule XXII, the following petitions and papers By Mr. BINGHAM: A bill (H. R. 7782) to grant a pension to were laid on the Clerk's desk and referred as follows: William Nugent, late of Company E, One hundred and eighty-third· By Mr. BABCOCK: Four petitions of citizens of Washington, Regiment Pennsylvania Volunteers-to the Committee on Invalid D. C., urging the passage of House bill No. 5220 or some similar Pensions. measure, requiring the Eckingt-on and Soldiers' Home Railway By Mr. BLUE: A bill (H. R. 7783) granting a pension to John Colll:pany to adopt rapid tr_ansit on its lines, and opposing the ex­ H. Justice, of Paola, Kans.-to the Committee on Invalid Pensions. tensiOn of the.tr~cks of said company until its ~xisting lines are Also, a bill (H. R. 7784) to correct the military record of John modernly eqmpped and operated-to the Committee on the Dis­ Sullivan, of Lawrence, Kans.-to the Committee on Military trict of Columbia. Affairs. By Mr. BARRETT: Petition of Post No: J2, Grand Army of Also, a bill (H. R. 7785) increasing the pension of Charles L. the Repubhc, Wakefield, Mass., for a reVIsion of the pension Thomas, of Dwight, Kans.-to the Committee on Invalid Pensions. laws-to the Committee on Invalid Pensions. Also, a bill (H. R. 7786) granting a veteran bounty to James H. By Mr. BARTLETT of New York: Resolution of the Chamber Tullis, of Stanley, Johnson County, Kans.-to the Committee on of Commerce of the State of New York, for a light vessel off Fire Military Affairs. Island, and favoring the passage of House bill No. 5293-to the Also, a bill (H. R. 7787) granting a pension to Angelina Welden, Committee on Interstate and Foreign Commerce. of Media, Kans., as army nurse-to the Committee on Invalid - By Mr. BLACK of New York: Petition of sundry citizens of Pensions. Bath on Hudson, against the appropriation of public moneys to By Mr. BOWERS: A bill (H. R. 7788) for the relief of Newton sectarian institutions-to the Committee on Appropriations. Boughn-to the Committee on Military Affairs. - Also, petition of W. Le Conte Stevens and other citizens of B~ Mr. BURTON of Missouri: A bill (H. R. ~789) granting a Troy. N.Y.,_ asking for the passage of bill looking toward the penswn to George R. Grubaugh-to the Comnuttee on Invalid adoption of the metric system of weights and measures-to the Pensions. Committee on Coinage, Weights, and Measures. By Mr. COUSINS: A bill (H. R. 7790) granting an honorable By Mr. BREWSTER: Petition of Moss Mosely, John H. discharge to Stillman Stotts-to the Committee on Military Affairs. Schmidt, and others, of Rochester, N.Y., asking for the passage By Mr. CRUMP: A bill (H. R. 7791) amending the military of House bill for reclassification of railway postal clerks-to the record of Louis P. Kleine and granting his widow, Sade .P. Kleine, Committee on the Post-Office and Post-Roads. a pension-to the Committee on Military Affairs. By Mr. BROSIUS: Petition of the congregations of United B~ Mr. FENTON: A bill (H. R. 7792) recognizing the military BretJ;rren churches at Brunnersvilleand Liti~z, ~ancaster County, service of Theodore W. Tallmadge-to the Committee on Mili­ Pa., m favor of a Sunday-rest law for the Distnct of Columbia­ tary Affairs. to the Committee on the District of Columbia. By Mr. GILLET of New York: A bill (H. R. 7793) to increase By Mr. CODDING: Sixteen petitions of Patriotic Order Sons of the pension of Caroline Smith, widow of Captain Smith, of Com­ America, State of Pennsylvania-Camp No. 400, of Gibson; Camp pany F, Twenty-second New York Volunteers-to the Committee No. 652, of Forkston; Camp No. 190, of Towanda; Camp No. 638, on Invalid Pensions. of Canton; Camp No. 199, of Nicholson; Camp No. 368, of Hollis­ By Mr. HARRIS: A bill (H. R. 7794) for the relief of Frances terville; Camp No. 210, of Aldenville; Camp No. 465, of Waymart; Delaplane, sister of Joshua Delaplane, Company C, Forty-third Camp No. 674, of North Towanda; Camp No. 489, of East Lemon; Regiment Ohio Volunteer Infantry-to the Committee on Invalid Camp No. 616, of Camptown; Camp_No. 422, of South Sterling; Pensions. Camp No. 340, of ~lenwood; Camp No .. 197, of L~ceyville; Camp Also, a bill (H. R. 7795) for the relief of Morgan H. Anway, No. 632, of Franklmdale; and Order Umted Amencan Mechanics late of Company K, Forty-ninth Regiment Ohio Volunteer Infan­ Council 1:1" o. 3~3, o~ Ha~inton, Pa., pr~ying for the passage of try-to the Committee on Invalid Pensions. the Stone rmm1gratwn bill-to the Committee on Immigration and By Mr. HEATWOLE: A bill (H. R. 7796) granting a pension Naturalization. to Dennis O'Shey-to the Committee on Pensions. By Mr. DOCKERY: Petition of Edgar N. Tesler and others of By Mr. HYDE: A bill (H. R. 7797) to increase the pension of Stanberry, Mo., praying for the repeal of postal laws concerning J. W. Range, of Seattle, Wash.-to the Committee on Pensions. college publications-to the Committee on the Post-Office and Also, a bill (H. R. 7798) for the relief of E. Gerry-to the Com­ Post-Roads. mittee on Claims. . By Mr. ~VANS: Petition of John A. Frey and others, of Louis­ By Mr. KERR: A bill (H. R. 7799) for thereliefofJohnSheehy­ VIlle, Ky., m relatwn to the Marquette statue in Statuary Hall- • to the Committee on .M:ilitary Affairs. to the Committee on the Library. I

3418 CONGRESSIONAL RECORD-SENATE. APRIL 1,

By Mr, F.ARIS: Petition and papers to accompany House bill to the treatment of employees in the navy-yards and arsenals­ No. 7008, granting a pension to Rhoda L. Day-to the Committee to the Committee on Naval Affairs. on Invalid Pensions. By 1\Ir. SHERMAN: Petition of the International Association Also, petition and papers to accompany House bill No. 2365, to of Machinists of Ilion, N .Y., with reference to navy-yard em­ increase the pension of James F. Dickey-to the Committee on ployees-to the Committee on Naval Affairs. Invalid Pensions. Also, petition of stationary engineers of Utica, N.Y., favoring By Mr. GIBSON: Petition of citizens of Harriman, Tenn., ask­ the passage of House bill No. 3618, to increase the efficiency of the ing for favorable action on House bills Nos. 838, 4566, and fi560, personnel of the Navy-to the Committee on Naval Affairs. to provide 1-cent letter postag-e per half ounce, and· to amend the By Mr. SORG: Petition of the Interna~ional Association of Ma­ postal laws relating to second-class and f1·ee matter-to the Com­ chinists, of Dayton, Ohio, for an investigation of the treatment of mittee on the Post-Office and Post-Roads. employees in the navy-yards and arsenals-to the Committee on By Mr. HARTMAN: Petition of publishers of the Yellowstone Naval Affairs. Valley Recorder, of Billings, .Mont., protesting against the passage By Mr. STEELE: · Petition of the International Association of of House bill No. 4566, to amend the postallawsrelating to second­ Machinists, Lodge No. 150, of Huntington, Ind., by its secretru:y, class matter-to the Committee on the Post-Office and Post 1\Ir. T. P. Annan, for an investigation into the treatment of the Roads. members of the association employed in the Brooklyn Navy-Yard­ By Mr. HENDERSON: Petition of M. F. Edwards and 38 other to the Committee on Naval Affairs. citizens of Butler and Grundy counties, Iowa, favoring the passage By 11Ir. STOKES: Memorial of citizens of Sumter County, S.C., of House bill No. 3299, in behalf of C. S . .Lobdell, of Parkersburg, asking for the erection by the Federal Government of a monu­ Iowa--to the Committee on War Claims. ment to Gen. Thomas Sumter, in the city of Sumter, S. C.-to the Also, resolution of the shteenth annual encampment, Depart­ Committee on Appropriations. ment of 1\iinnesota, Grand Army of the Republic, favoring the By Mr. WANGER: Petition of Middletown Grange, No. 684, establishment of a national park at Vicksburg, Miss.-to the Com­ Patrons of Husbandry, of Bucks County, Pa., favoring the passage mittee on Military Affairs. of House bill No. 2626, for the protection of agricultural staples Also, paper from Messrs. White & Co., cheese manufacturers, by an export bounty in order to equalize the benefits and bur­ Charles City, Iowa, praying for legislation taxing ''filled cheese"­ dens of the protective system-to the Committee on Ways and to the Committee on Agriculture. Means. By Mr. HILL (by request): Petition of Lieut. Charles Smjth and others, of South Norwalk, Conn., asking tor the passage of a service-pension bill-to the Committee on Invalid Pensions. By Mr. HOWELL: Petition of citizens of Middlesex Gounty, SENATE. N. J., praying for an appropriation for having the channel of South River deepened by removing certain accumulations in said WEDNESDAY, .Ap'ril 1, ·J896. · stream-to Committee on Rivers and Harbors. Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. By Mr. HUTCHESON: Petition of Peter Ramadanovitch, for The Secretary proceeded to read the Journal of yesterday's pro­ relief-to tbe Committee on Foreign A'ffairs. ceedings, when, on motion of Mr. LODGE, and by unanimous con­ By Mr. KIEFER: P etition of the Department of Minnesota, sent, the further reading was dispensed with. · Grand Army of the Republic, favoring the bill establishing a mili­ tary park at Vicksburg; also in favor of recognizing the bellig­ CLAIMS FOR BARRACKS .A.ND QUARTERS. erent rights of the Cuban people-to the Committee on Military The VICE-PRESIDENT laid before the Senate a communica­ Affairs. tion from the Secretary of the Treasury, in response to a resolu­ By Mr. LEISENRING (by request): Petition of W. H. Cap­ tion of the 12th ultimo directing the Secretary of the Treasury to well, of Dallas, Pa.; also of Robert Baur & Son, of Wilkesbarre, cause the proper accounting officers of the Treasury to reexamine Pa., asking for favorable action on House bill No. 4566, to amend certain claims reported to Congress in House Executive Docu­ the postal laws relating to second-class matter-to the Committee ment No. 234, Fifty-third Congress, third se sion, transmitting a on the Post-Office and Post-Roads. report by the Comptroller of the Treasury; which, with the accom­ Also (by request), petition of Washington Camp, No. 623, of panyingreport, was referred totheCommitteeonAppropriations, P arsons, Pa.; also of Camp No. 234, of Kingston, Pa., Patriotic and ordered to be printed. Order Sons of America, for the passage of the Stone immigration bill-to the Committee on I:rm:illgration and Naturalization. PETITIONS .A.ND MEMORIALS. By Mr. LEONARD: Petition of 40 citizens of Glenmoore, Pa., Mr. NELSON presented the memorial of Robert A. Young and praying for the passage of the Stone immigration bill-to the Com­ sundry other citizens of St. Paul, Minn., remonstrating against mittee on Immigration and Naturalization. the appropriation of money for sectarian institutions; which was By Mr. McEWAN: Petition of TypogTaphica.l Union No. 277, referred to the Committee on Appropriations, of 1\lissoula, Mont.; also resolution of Women's Populist League He also presented a petition in the form of resolutions adopted of Colorado, asking for the passage of House bill No. 184, for ap­ by the Commercial Club of Duluth, Minn., praying that the bill pointing a committee of inquiry as to the feasibility of diTect to authorize the construction of a steel bridge over the St. Louis legislation-to the Committee on Rules. River between the States of Wisconsin and Minnesota. shall pro­ By l\1r. McRAE: Petition of A. S. Gibson and 12 other citizens vide for the free passage ove1· the brjdge of all foot passengers, of Dunca.n,Ind. T., in favor of House bill No. 7476, for the appoint­ bicycle riders, wagons, and vehicles of all kinds; which was re­ ment of additional judges in Indian Territory-to the Committee ferred to the Committee on Commerce. on the Judiciary. Mr. McMILLAN presented a petition of sundry citizens of By Mr. MOODY: P etition of 83 citizens and soldiers of Beverly, Washington, D. C., praying for the pasf:!age of Senate bill No. 1886, Mass., praying for the enactment of House bill No. 2859,·granting or some similar measure, requiring the Eckington and Soldiers' a pension to Harriet If. Herrick, of Beverly, Mass., widow of Home Railway Company to wholly dispense with the use of horses Moses S. Herrick, late of Company E, Eighth Massachusetts Vol­ on all its lines within a. fixed time, and to substitute therefor an unteer Infantry-to the Committee on Invalid Pensions. approved modern system of rapid transit; which was referred to By MT. POOLE: Memorial of citizens of Madison County, N.Y., the Committee on the District of Columbia. members of Poolville Grange, No. 770, Patrons of Husbandry, Mr. SHERMAN presented a petition of the Central Labor Union recommending the passage of House bill No. 5213, which places a of Cleveland, Ohio, praying for the free and unlimited coi:r:age of tax on the manufacture and sale of filled cheese-to the Commit­ silver; which was referred to the Committee on Finance. tee on Agriculture. He also presented the petition of W. D. Jlliller, of Alton, TIL, By Mr. RAY: Petition of citizens of New Berlin, Chenango praying that soldiers of the late war who lost one eye be allowed County, N.Y., and vicinity, to compel the study of the nonjm­ a pension of $20 a month; which was refened to the Committee portation act of the Colonial Congress-to the Committee on Edu­ on Pensions. cation. He also presented a memorial of the Woman's Christian Tem­ Also, petition of Charles H. 'Vickham, for a pension-to the Com­ perance Union of Troy, Ohio, remonstrating against the introduc­ mittee on Invalid Pensions. tion of military training in the public schools of the country; Also, affidavit of Morris P. Blair, in behalf of the claim of Ross which was refeiTed to the Committee on Military Affairs. W. Titus-to the Committee on Invalid Pensions. Mr. PROCTOR presented a petition of the Young Men's Chris­ By :Mr. ROBINSON of Pennsylvania: Petition of Highland tian Association of Washington, D. C., praying that Congress Grange, No. 980, Patrons of Husbandry, favoring the passage of carefully scrutinize the bill to establish a racing commission; House bill No. 2626, for the protection of agricultural staples by which was ref€ITed to the Committee on the District of Columbia. • an export bounty-to the Committee on Ways and Means. Mr. SEWELL presented the memorial of Rev. William I. Gill By Mr. ROYSE: Petition of Elkart Lodge, Inte1·national ASso­ and 41 other citizens of Asbury Park, N. J., remonstrating aga.inst ciation of Machinists, in favor of House bill No. 216, in relation the introduction of military training in the public schools of the