.
1897. -. -CONGRESSIONAL RECORD-~ HOUSE. 817
By Mr. STEWART of Wisconsin: Petition of homesteaders in ment. There is no question raised as to the claimant's having lost the sight of one eye years ago, and having almost entirely lost the use of the other. Ashland and Bayfield counties, Wis., Ashland land-office district, There is an abundance of testimony showing that he was a brave and faith requesting immediate action on measures now pending, and such ful soldier, and a sober and temperate man, who took unusual care of his further measures as may be necessary to relieve their condition health. His title to an increase of pension turns UJ?On the point whether disease ot and to do them justice-to the Comprittee on the Public Lands. eyes existed prior to enlistmont. The PensiOn Office held that it did, basing Also, resolutions of the Wisconsin Valley Lumbermen's Associa this action upon a special investigation, which the examiner says was hur tion, favoring a duty of $2 per thousand feet upon lumber-to the riedly made. An examination of the evidence on this point satisfies your committee that this action WOIS erroneous, and that the disease of eyes orii>i Committee on Ways and Means. nated in the service, as claimed. This belief is corroborated by the fact-that Also, resolution of the Wisconsin National Guard Association, claimant was able to .Perform efficient service for more than three years, and favoring the reorganization of theNational Guard and the militia was not troubled senonsly with his eyes until near the close of his service, as well as by the further fact that claimant served over seven years in th~ of the United States-to the Committee on Military Affairs. Regular Army prior to enlisting in the volunteer service, and was a sound Also, resolutions of the Federated Trades Council of Wisconsin; man during that period. also of the Woman's Christian Temperance Union of Ashland, Your committee believe Ca-ptain Jones equitably entitled to a hlgher pen Wis., in behalf of Cuban liberty and independence-to the Com sion, on account of his disability from his wound and his blindness, and we respectfully recommend the passage of the bill, after being amended bv mittee on Foreign Affairs. striking out the word" of," in line 4, by striking out" Potwin, Butler County, Also, petition of the Chamber of Commerce of Milwaukee, Wis., Kans.," in line 5, and by strild.ng out all after the word "month" in line 7, deprecating the action of the Senate Committee on Foreign Rela· and by striking out all after the word "Jones," in the title of the bill. tions in regard to Cuba-to the Committee on Foreign Affairs. Mr. ERDMAN. Mr. Speaker- Mr. BLUE. Mr. Speaker, if the gentleman from Pennsylvania will permit me, I desire to say, in further explanation of the bill, HOUSE QF REPRESENTATIVES. that this man is represented to me to be now entirely blind and in indigent circumstances. He is so disabled as to require the FRIDAY, January 15, 1897. constant aid of an attendant. He served several years in the Reg The House met at 12 o'clock m. Prayer by the Chaplain, Rev. ular Army, and, in view of his condition, he would be entitled to HENRY N. COUDEN. $72 a month, but this bill grants only $50 a month. The Journal of the proceedings of yesterday was read and Mr. ERDMAN. Has this bill been considered in Committee of approved. the Whole? UNION PACIFIC RAILWAY LANDS IN UTAH. Mr. BLUE. No, sir. Mr. ERDMAN. Then I object. I intend to object to all pen Mr. ALLEN of Utah. Mr. Speaker, I ask unanimous consent sion bills that have not been considered in Committee of the for the present consideration of the resolution which I send to the Whole. desk. GEORGE H. PLANT . . The resolution was read, as follows: Mr. SWANSON. Mr. Speaker, I ask unanimous consent for Whereas there are many tracts of land situate in the State Clf Utah which were a part of the grant made by the United State. to the Union Pacific the present consideration of the bill (S. 1083) which I send to the Railway Company, patents for which are withheld by the Department of the desk. Interior· and · - · · - The bill was read, as follows: Wher~s moAt of these lands were sold by sa.id railway company to bona For the relief .of George H. Plant, of the District of Columbia.. fide purchas~rs who are in possession of them and who have made valuable improvements on said lands: Therefore, _ · Be it enacted, etc., That the Secretary of the Treasury be, and is hereby, Resolved, That the Secretary of the Interior_be, and he is hereby, directed to authorized and directed to pay to George H. Plant of the District of Colum report to this Ho-p.se the cause of the omission to issue patents to the lands so bia, out of any money in the Treasury not otherWlse appropriated, the sum granted to and sold by said railway company. of $6,216.85, the same bl'in~~ amount found to be due to, hlm by the Court of Claims for losses and ges sustained by him by reas9n of a collision The SPEAKER. Is there objection to the present consideration between the U. S. S. Gettysburq and the steamboat Lady of the Lake, on the of this resolution? Potomac River, and to be reca1ved by him in full satisfaction of all claims Mr. HALL. I should like to hear some explanation of the reso- and demands in consequence of said collision. lution. · The SPEAKER. Is there objection to the present considera Mr. ALLEN of Utah. It simply asks the Secretary of the In tion of this bill? terior to· inform the House why patents are held up in the cases of Mr. PAYNE. Let the report be read, Mr. Speaker, subject to lands which were-granted to the Union Pacific Railway in the the right to object. State of Utah and which have been sold to bona fide purchasers. The report (by Mr. DENNY) was read, as follows: Mr. HALL. Does the resolution come from the Committee on The Committee on Claims, to whom was referred the bill (S. 1083) fo't' the relief of George H. Pla.nt submit the following reP,ort: .. Public Lands? This bill is the same as H. R. 18-!5, now pending in:the House and previously ·. Mr. ALLEN of Utah. It has not been referred to the commit reported by this committee with a favorable recommendation. tee. It simply asks for information. Your committee-therefore recommend thatthis bill be substituted for said Mr. HALL. Mr. Speaker, a similar resolution has ah:eadybeen House bill, and that said House bill lie on the table. · ' passed by the House, and the Secretary has made his return. The report upon House bill 1845 by Mr. DENNY was also read, Mr. ALLEN of Utah. Yes; but that resolution appliedonlyto as follows: lands in Kansas. The Committee on Claims, to whom was referred the bill (H. R.1845) for the relief of George H . Plant, have had t.he same under consideration, and Mr. HALL. I do not object to the consideration of the resolu report it back to the Honse with the recommel\da.tion that it do pass. tion. The facts in this case are full:y set out in House Report N o.1803 made at ·Mr. PAYNE. !understand the gentleman from Utahsaysthat the third session of the Fifty-thrrd Congress by Mr. LOUD, and said report is hereby adopted as the report of your committee, with t.he explanation this resolution simply asks for ii:tformation. and statement that the present bill conforms to recommendations made in Mr. ALLEl'i of Utah. Ye$, sir. said report by Mr. LouD, and should be passed a.s introduced. The aforesaid The resolution was adopted. . report is as follows: ELillU JONES. -. [House Report No.1808, Fifty-third Congress, third session.] The Committee on Claims, to whom was referred the bill (S. 429) for the Mr. BLUE. Mr. Speaker, I ask unanimous consent -for-the relief of George H. Plant, haT& had the same under consideration, and rer:ort present consideration of the bill_which I send tq the desk. it back to·the House with the recommendation that it do pass. The bill (H. R. 5981) was read, as fo~ows: . . The facts in this case are all fully set out in Senate Report No. 210, made at the second session of the ~ty-third Congress by Mr. P .A.sco, which is a.s Be it enacted~ etc., That the Secretary of -th-e friterior be, and-he. is hereby, follows: . _ authorized ana directed to place the name of Elihu Jones, of Potwin, Butler County Kans., late captain Company G, Eighth lllinois Infantry, on the pen [Senate Report No. 210, Fifty; third Cong;ess, second session.] sion roll, and pay him a. pension of $50 per month from and after the passage This claim was considered by the committee in the Fifty-second Congress of this act. was favorably reported with amendments, and J?aSI!ed the Senate, but no final action was taken in the House of :Representatives. The SPEAKER. Is there objection to the present consideration The present bill is the same introduced tnto the Fifty-second Congress, and of this bill? the committee adopt the report made to the Se:nate in that Congress. The present bill1s subject to the same objections that the committee made Mr. ERDMAN. Mr. Speaker, reserving the right to object, I to th& former bill, and the same amendments are necessary in order to make would like to hear the report. it conform to the views heretofore expressed by the committee. . The report (by Mr. KIRKPATRICK) was read, as follows: When thus amended, the committee recommend that the bill do pass. The Committee on Invalid P ensions, to whom was referred the bill (H. R. [Senate Report No. 9M, Fifth-second Congress, firAt session.] 5981) tp"anting a _llension to Elihu Jones, 1ate captain Company G, Eighth The committee on Claims, to whom was referred the bill (S. 'i07) for the lllinms Infantry Volunteers, having fully examined and considered the facts relief of George H. Plant, of the District of Columbia, have carefully consid presented, respectfully report: ered the same, and submit the following report thereon: Elihu Jones served as a. member of Battery G, Fourth Regiment United The claimant in 1874 was the owner of a steamboat named the Lady of the States Artillery, from December 1853, until .March, 1860, when he was dis Lake, then plying upon the waters of the Potomac River. On the 30th day Charged under general orders. He spent some months in r ecruiting, and of May of that year the boat was injured in a collision with the U. S. S. Ge~ entered the volunteer service in April, 1861, as a. member of Company G, tysburg. On the 9th day of June the Secretary of theNa vy appointed· a court; E;ighth illinois Volunteers, becoming captain of the company in F ebruary, of inquiry to inve!!ltigate all the circumstances relating to the col11&ion and 1868, !ffid serving in that capacity until October 7, 1864. He was wounded in report its causes and upon whom the blame, if any, should rest. The find· tbe r bt arm by a shell, and is now drawing a pension of $10 p er m pn t.h for that ings of the court will be given in tnll further on in this report. Though dlsab ity. His application for additional pension on account of disease·of the some blame was cast upon the ofll.cers of the Lady of the Lake, the court ~yes was rejected by the Pension Office because he failed to prove treatment found the o.ffioors of the Gettysburg responsible for the collision. Subse ~erefor in the service, on the ground th.a t -sa.id disease exiated ptlor to.enlia~ quently the Tres.sury Department ordered an investigation to be made by
' - · 818 CONGRESSIONAL REOORD- HOUSE. JANUARY 15,
the supervising inspectors of steam vessels. They reported, on the 17th day June 19, 1874, the court found as follows: of July, 1874, that the pilot in charge of the Lady of the Lake complied with That 'both the U.S. S. GettysburgJIDd the steamboat Lady of the Lake were all the rult's and r-egulations for the government of _pilots &lJplicable to th~ subject to the actofCongress.approved April29,186i{page158, Naval Laws). case, and that he w.a.s exonerated .from all Wame in the prenuses. fo:r _preventing collisions on the water, and in addition to the above the court But no relief followed the findings of the two Departments, and the claim- find that the Lady of rthe Lake was subject to certain rules laid down by the t found that ib.e conld only receive .compensation for his damage and loss Board of Su~rvising Inspectors in pursuanoo of the act of Congress of Feb- legislative action. Accordingly a bill was introduced into the Senate ·in ruary 28, 18T:l. _ · . behalf in the Forty-sixth Congress, and a. similar bill in each successive Ther~ is no eunflict between these two sets of "rules," but the rules of the t!Oongress till the Forty-eighth, when, on the 27th day of February, 1884, the Boa11d of Supervisors supplement the naval" Rules of the road" by certain claim was .referred to the Court of Claims under the act of March a, 1883. whistle blasts or signals to be used between vessels, subject to the directions On June 2, 1890, the court filed its findings of fact, and they were trans- of the Boa.rd of Supervising Inspectors. ~.itted to the Senate June 6, 1.890, and appear in Miscellaneous Docl?-ment, .As ~·egards the faets connected with the collision, the wej,ght of evidence, in Fifty-first Congress, ·first sesmon, No. 159. The report .of the case lS here the opininn .of the court, establishes the point that .the vessels, at the time .of given in full: the exchange of their first whistle -signals, must be considered .as coming un- . C · , N oo G H Pl .._ Th "" •t d der article 13 of the "ruleE:" for prevoenting collision.s on the water (Nktval [Courtof Olarms. ongresswna1 case ·· o.&.~. eorge ·· an~vs. c e 'um e Laws,pagel61),andalsounderrulellofthe ·'RulesisRued ·bytheBoardofSu- State.s.] pervismg Inspectors for the government .of pilot ; " that is, they were meet- At a Court of Claims held in the eity of Washington on the 2d.day of June, 'mg end<>n, or nearly so. ln ttris position the law requires that the helms of A. D. 1890, the court filed the following findings of fact, to wit; both vessels be-put to port, and inasmuch as this course was not pursued by the Lady of the Lake, the court deem that vessel to have ·acted in violation of FIN&lNGS O.F FACT. Ja.w, and find that ·her ;pilot !Committed an .error of judgm~nt in putting his The claim or matter in the above-entitled case was transmitted to the court .helm to starboard. by the Senate Committee on Claims on the 27th day of February, 1884. At the same time, as the wording of the law (article 13), "end on, or nearly MesRrs. Goode & Goode, esqs., apl>ea.re_d for clauna.nt, and. th~ Attorney- end on," implies a certain margin for judgment on the part of pilots, the General. by Henry M. Foote, esq., his assiStant, and under his direction, ap- court are of the opinion that the pilot of the Lady of the Lake, though tech -pea.red for the defense and protection of thEUn,terests of the United States. nically in the wrong, can not in the circumstances be considered as being The case having been brought to a hearing on the 19th .of May, 1890 the very cen.surable. court, upon the evidence and after considering the briefs .and arguments of As the vesseis.are considered a:.:; coming within the scop_e of .article 13 of the counsel on both sides, finds the facts to .be aa follows: law for preventing collisionR on the water, the court find that the Gettysbu1·g Abou.t sundown on May 80, J.874, .a collision occurred on the Potomac River, acted in violation of law in answering the Lad11 of the Lake's two whistles ~early opposite Fort Washington, between the U. S. S. Gettysburg and :the and in putting his helm to starboard, and that the fact of her pilot having Lady of the Lake, nnder the following circumstances: -done those acts renders her responsible for the collision. The Lady of the Lake had been down the river with an excursion party The pilots of the two vess~ls are therefore considered by the court as hav- from Washington, consisting of about -600 persons, and was on her ~·eturn ing be~n principally to blame for t;he coll!sion.. Lieutenant McRitchie .was tr· followmg the ''Rules of the road" m putting hlB helm aport, as the we1ght ¥'lie Gettysburg, commanded by Lieutenant McRitchie, was .going down. of evidence shows that if b oth vessels bad done so from the first signal the When first sighted the steamers were about three-fourths of a mile apart. collision would in all probability have been avoided. ,.At that time the Lady of l I 1897. CONGRESSIONAL RECORD-HOUSE. 819 ¥Teat power and authority which is necessarily given to an officer command the Gettysbu1·g gave another signal, which the Lady of the Lake mg a vessel, and it is argued, too, that when the Government mingles on terms of equalit y with others on the high seas and navikable inland waters, did not accept, but responded with two whistles, signifying that the securit y of the citizen r equires t hat the rules laid down for others should she would continue her first course. be observed by its own officer s, commanding its own vessels, and that these Now, if the Lady of the Lake had obeyed the second signal or rules should be enforced against all alike, an d that private persons should receive reparation f.or any injury done by their violation by officers of the warning of the Gettysburg and instead of trying to keep on her United Sta.tes. course had changed her course, which it would have been natural In England the present practi~e is to file a libel in rem, upon which the for her to do under the ru1es and regulations, it does not appear court direds a l etter to b e written to the lor ds of the admiralty requesting from the findings either of the Court of Claims or of the court of an appearance on bP-half of the Crown. This is generally given, u.nd the ease proceeds to judgnrent. It is insisted t h at the final d ecrees are little more inquiry of the Navy Department that the collision would not than awards, so far as 'the Government is concern ed, bu.t the suit are insti have been avoided. On the contrary, it does appear from the tuted and condueted on the hyPothesis t hat claims are created against the findings of the court of inquiry of theNavy Department that that offending vessel£! by the collision, and it is presumed that the Gov ernment will sati8fy a decree rendered by its own t1·ibunals in a case in which it has court censured the officer of the Lady of the Lake, blaming him voluntarily appear ed. for his share of the collision. The conrt doeB not find him free Many in our own cou.ntry have favored a general ]aw for the trial of such from negligence, but, on the other hand, there is some1anguage in cases m our courts when the United States i l!l alle.,aed to b e the offending party. Alth<>ugh no sueh law has eve r been passed, the Government has in the findings showing that he was at least guilty of contributory many cases, by special laws and in appropriation acts, made provision for ne~ligence; an~ of course, if such wa,s the fa.ct, there could be no -paying damages to those who have suffered loss from collisions when the right of recovery. vessel causing the injury belonged to the United States. ' It is true that in the present case the finding'S of the Court of Claims do not I think, therefore, that this bill should not come up under this have the same forC'ie as a judgment, but the claima.nt presented his case there order, but should take its place upon the C.alendar and have ample with the per mission of the Senate and in RCCordanee with law. The United time for further considera.~n by the House. I therefore object. States was r~presented by an assistant of the Attorney-General, and the case was duly defended, and a careful review of the findings shows that they are Mr. LOUD. I wlll saytliat the rule which the .gentleman from in a~orda.nee with the facts of the case so far as the party in fault is con New York undertakeB to lay down might be applied to every case. cerned. The SPEAKER. Objection is made. Mte1· the matter has proceeded thus far with the consent of those who represented the Government, and who had authority u.nder the law to act, CONTESTED-ELECTION CASE-BENOIT VS. BOATNER. the committee think that the claimant in this particular case should receive Mr. JOHNSON of Indiana submitted the following re.solution; reimbursement for the damage which has resulted directly from the col which was read, considered, and adopted: Usion, without waitin~ for the enact1nent of a general law. . The court finds that the cost of 1·epruring the boat was $2,216.85, and that the actual logs in Resolved, That Committee on Elections NO- 2, to which the contested-.electio~ earnings while she was 'Uildergoing repairs was $3,000. These sums amount case of Alexis Benoit againstCha.rlesJ. Boatner, from the Fifth Congressional in the aggr".gate to$5,216.85,and the·eommitteerecommend the appropriation district of Louisiana, ha.S been referred, be, and is hereby, instructed .and .of this ~:;um in full satisfaction of the claim. authorized to proceed to the con.<~ideration of said case, and; having first The court estimates a further loss of $1,500 in the earnings of the boat in afforded to said parties a f.air opportunity to be heard as to the merits of the consequence of the loss of public confidence in her safety after she resumed same, to report to the House their conclusions with respect to such ease in her regular trips; but the committee think that this estimated resulting time to afford to the House an opportunity to determine the same during the damage is teo remote to be considered favorably. Besides, the claimant in his present ses. ion of Congress. petition only asks"' that he be paid the amount for h'is time .and expenses On motion of Mr. .JOHNSON of Indiana, a motiDn to reconsider mcurred in placing his steamboat in good condition fo:r navigation." He speaks of "divers gains, profits, and advantages which would have acerued the vote by which the resolution was adopted was laid on the to him" from his contracts and business, but expressly states that he makes table. no claim except for his time and expenses as stated. WILLIAM MORGAN AND HARRISON MOORE. To ~arry on t the views of the committee the following amendments .are necessary: Mr. HALL. I ask unanimous consent for the present consid· In line 6 strike out .. six " before "thoufUI>n?," and" se-ven " before "hun eration of the bill which I send to the desk. dred " and insert in the first place "five " and m the second place ' ' two." The bill (8. 1320) to confirm the title to certain lands in Wil Add at the end of the bill as printed "and to be received by him in full sat isfaction of all claims and demands in consequence of said collision." liam Morgan and Harrison Moore, and to requh:e the is~ue .of pat ¥r. PAYNE (before the conclusion of the reading). I wish to ents therefor, was read, as follows: Be it enacted, etc., That the entry on March 24, 1.882, by William Morgan, of ask the gentleman whether there is anything in tbe latter part of lot No. 21 of the southwest quarter of section No. 18, in township No_ 16, of the report which changes the facts as so far shown·i It appears range No. 8 east, in the State of Kansas, under the act of March 16, 1880, for from the report so far that while the ofhceTs of the Gettysburg which full payment has been made and final <:ertificatesissued, be, .and hereby is, confirmed, and the pat.ent therefor shall be duly issued. were guilty of wrong, and while there is no doubt that their neg SEC. 2. That the entries by Harrison Moore on December31,1880. under said ligence contributed to the accident, still the officers of the Lady act Gf March 16, 1880, of lot No. 15 of the northwest quarter of section No. 19, of the Lake were also guilty ·of contributory negligence. I wish and lot No. 22 of the sou.thwest quarter of section No. 18, both in said town ship No. lG, of r.ange No.8 east, in said State, and Gn January 5,1881, rmder the gentleman would state if there is anything further in the report the act of July 5, 18iG, of lots Nos. 13 and l' of section N o.19, in said township which shows that the officers of the Lady of the Lake were fTee and range, for each of which trads full payment has been made and final cer from negligence. tificates issued, be, and her~by are, confirmed, and the patents therefor shall Mr. SWANSON. The gentlemanfromCalifornia i)Ir. LoUD] beissued. . mad.e the .report, and I will ask .him to answer the gentleman's The SPEAKER. Is the.re objection to the preBent consideration question. · of this bill? Mr. LOUD. Mr. Speaker, I wish to say in relation to this case Mr. PAYNE and 1\-Ir. LACEY. Let us hear the report. that I have given it very careful consideration in the Committee The report (by Mr. U.l\TDERWOOD) was read, as follows: on Claims during two CongTesses, and if there ever was a just The Committee on the Public Lands, to whom was r eferred the bill (8. 1320) daim presented to Congress I believe this be the one. If the to confirm the title to certain lands in \-Villia.m Morgan a.nd Harrison Moore to and to reqnire the is~ue of patents therefor, have duly considered the same gentleman from New York be at all nautical-and I know that and rep<>.rt it back and reommnend its passage. he is at the head of a committee which has something to do with The facts in this case, as shown by the records, are as follows: nautical matters-he will understand from the facts presenteJ Harrison MoorE', on December 31, 1880, entered, at TO}>eka {Kans., land office, lots No. 15 of the northwest quarter of section ).9 and No. 22 of south· that the Lady of the Lake was coming np against the stream and west qnart.er Th.e bill was read, as follows: tinned to reside on and cultivate said land, went to the land office with his witnesses to prove his settlement and right of preemption, and offered to pay Be it enacted, etc., That the Secretary of War be, and he is hereby, author the money, which was refused by the register of the land office upon the ized and directed to remove the charge of desertion standing against the name ground that this land was embraced in the boundary recently set apart as a of Patrick Dougherty, 'late a. private in Company A Thirteenth Regiment home reservation for the Winnebago Indians in accordance with a treaty of New York Volunteer Infantry, and to issue to him an honorable discharge as February 27, 1855. He continued to reside upon and cultivate said land until of date of 27th day of April, 1863. the fa.ll of 1856, when he wa.s evicted by the agent of said Indinn tribe. 1n the Mr. LOUD. Let us hear the report. fall of 1861, the Indians having been removed to another reservation, ha I returned to said farm, and continued to reside on a.nd cultivate the same Mr. WADSWORTH. ask that the Clerk read the portions of until it was sold for the benefit of the Winnebagoes for $1,212 in 1863. the report which I have marked; they are the essential parts. "'l'he treaty with the Winnebagoes did not locate the reservation, but pro The Clerk read as follows: . vided it should be on Blue Earth River, and it was surveyed and located so a" to include Moreland's land, after Moreland's settlement, and after the pas Th& Committee on Military Affairs, to whom was referred the bill (H. R sage of the act of August 4, 1854, by which he acquired a clear vested right to t943) to remove the charge of desertion standing against the name of Patrick preempt said land, and of which his expulsion could not divest him; and Dougherty, Company A, Thirteenth New York Volunteer Infantry, having when he returned to it in 1861 his rights were as complete as when he was had the same under consideration, would report thereon as follows: forcibly expelled from it. It is shown by the records of the War Department that this soldier was " He made another effort to perfect his title by an appeal to the Secretary enrolled and mustered into service January 23,1862, as a member of the Thir of the Interior, Hon. Caleb Smith, and offered to locate the land with a. mili teenth New York Infantry Volunteers, to serve two years; that he deserted tary land warrant. The Secretary, after a full examination of the case, in April27, 1863, and never returned thereafter although he owed service until April, 1862, decided that Moreland was entitled to preempt said land, and January 23, 18M; that on December 15, 1863\ he enlisted in violation of the directed the Commissioner of the Land Office to allow him to perfect his title twenty-second (now fiftieth) article of war, m Company E, Eii"hth New York by locating the same with a military land warrant, which was done, and the Heavy Artillery Volunteers, to serve three y~ars; that he appears to have patent actually issued, dated April 10, 1863, but was arrested in its transmis· served faithfully under this enlistment until June 30,186i!_,.when he was mus sion by order of Secretary of the Interior J.P. Usher, who had succeeded tered out of service as a. member of Company I, T~nth ~ew York Infantry Volunteers, to which he had been transfetred; that the charge of desertion Caleb Smith in the Department of the Interior. standing against this soldier upon the records of the Thirteenth New York t~~£f:eefr~l~!.1t~~g:1~d1~ ~:s ~:;: s:a~~~~tl;:.~t~ 1~J~eTfe0~a~ Infantry Volunteers can not be removed under existing la.w (H.ct of Congress soning- of the Secretary is not satisfactory, ~ut admittini" its force as a mat approved March 2, 1889) for the reason that the period of his absence from the ter of law, it does not affect Moreland's equitable claim for damages. There service exceeded four months. can be no doubt of his right to preempt said land, and that he did all the law It appears from affidavits presented to your committee that the Thirteenth required of him to perfect his title, but lost his land and improvements and. New York Infantry Volunteers was organized in April,1&61; that the bene has never been paid for either. ficiary, Patrick Dougherty, enlisted in such regiment as a recruit, and was "An act of Congress of July 14, 1862, directed the Secretary of the Interior mustered into service January £3,1862, to serve two years; that the desertion to examine and audit the clatms of persons damaged by the treaty with the with which he is charged occurred April 27, 1863. Winnebagoes. Then preemptors to the number of 20 presented the claims • • • • • • • which were a.llowed by the Secretary, and have a.ll been paid except More In an official copy of a. letter, dated ACLiutant-Gen~ral's Office, Washin.gton, land. (See letter of Secretary Usher to Commissioner of Indian Affairs of September 28,1861, addressed to A. R. Cooper, Sprmgwater, N.Y., which iS date April22,1865.) described in a letter from Lieutenant Hess. one of the affiants, it is stated as "The land sold for $1,224, the improvements were valued at $1,200, and the follows: · committee believe that Moreland is justly entitled to this sum, less the value "In reply to your communication of the 23d instant, I am directed to say of the land warrant, which was returned to him, say f20J; and they therefore ~hat men who are being recruited to fill up the old regiments of volunteers recommend that the bill be amended by striking out the words 'five thousand are received for the unexpired term of serVice of the regiment." five hundred dollars' and inserting • two thousand two hundred and twelve This copy purports to have been signed by George D. Ruggles, Assistant dollars, in full satisfaction of all claim of said Moreland in this behalf.' " Adjutant-Gen~ral, and the correspondenc~ on the part.of Lieutenant Hess Indicates that 1t has a bearing upon the enhstment of this beneficiary. There being :no objection, the House proceeded to the considera 'rhe testimony contained in the affidavits of the two comrades who served in the same regiment with the -beneficiary are deemed by your committee tion of the bill, which was ordered to be engrossed and read a sufficient to justify the conclusion that Dougherty returned to llis command third time; and it wa.s accordingly read the third time, and passed. and was with it on its way to Rochester to be mustered out. The affidavits On motion of Mr. BOWERS, a motion to reconsider the vote of those ellgaged in the recruiting service at the time Dougherty was enrolled by which the bill was passed was laid on the table. sustains his contention that he intended only to enlist for the unexpired term of service of the regiment, a.nd hence he should have been mustered MESSAGE FROM THE SENATE. out with the regiment. The regimeni; having been mustered out in May,1863, and the alleged deser A message from the Senate, by Mr. PLATT, one of its clerks, tion being charged as occurring on April. 27,1863hand said Dougherty having announced that the Senate had passed bills of the following titles; reenlisted December 15,1863, in Company E, Eig th New York Heavy Artil in which the concurrence of the HoUBe was requested: lery Volunteers, and having been transferred to Company I, Tenth New York Infantry Volunteers, from which he was mustered out June 30, 1865, your A bill (S. 3375) authorizing the construction of a bridge across committee is of the opinion that the facts do not justify a charge of inten the Columbia River in the State of Washington; and tional desertion. It clearl,y apPilQrs that he should have been mustered out A bill (S. o494) providing for an examination of the improve with the Thirteenth New York Infantry Volunteers in Ma.y, 1863,and the fur lough which he claim~ to have had. and concernin1 which his comrades testify ments at the Pass of Aransas, Texas. was actually granted, did probably cover the time from April 27 until the The message also announced that the Senate had passed with muster-out of the regiment on May 18, 1863. amendments the bill (H. R. 8656) providing for free homesteads Your committee therefore recommend that the bill do pass. on the public lands in Oklahoma, and reserving the public lands There being no objection,-the House proceeded to the considera for the purpose, asked a conference with the House on the bill tion of the bill, which was ordered to be engrossed and read a and amendments; and had appointed Mr. PETTIGREW, Mr. JoNES third time; and it was accordingly read the third time, and passed. of Arkansas, and Mr. ALLEN as the conferees on the part of the On motion of Mr. WADSWORTH, a motion to reconsider the Senate. vote by which the bill was pa-ssed was laid on the table. HUGH M'LA.UGHLIN. BASIL MORELAND. Mr. HUFF. I ask unanimous consent for the present consid Mr. BOWERS. I ask unanimous consent for the p~esent con eration of the bill (H. R. 1515) for the relief of Hugh McLaughlin. sideration of the bill (H. R. 1475) for the relief of Basil Moreland. The bill was read, as follows: The bill was read, as follows: Be it enac~d, etc., That the Secretary of War be, and he is hereby, author ized and directed to issue an honorable discharge to Hugh McLaughlin, late Be it enacted, etc., That there be J:>aid, out of any money in the Treasury sergeant Company B, Fourth Regiment N'ew Jersey Veteran Volunteer not otherwise appropriated, to Bastl Moreland the sum of $2,212, in full for Infantry. all claim he may have against .the United States fo~ his land ana impro!e ments in Blue Earth County, Minn., taken by the Umted States for the Wm· There being no objection, the House proceeded to the considera nebago Indians. tion of the bill, which was ordered to be engrossed and read a Mr. PAYNE. I should like to hear some explanation of this bill. third time; and it wa-s accordingly read the third time, and passed. Mr. BOWERS. The report will give a full explanation. EMPLOYMENT OF ADDITIONAL FOLDERS. The report (by Mr. FISCHER) was read, as follows: Mr. THOMAS. Mr. Speaker, I demand the regular order. The Committee on Indian Affairs, to whom was referred the bill (H. R. H75) for the relief of Basil Moreland, have had the same under consideration, Mr. TRACEY. Mr. Speaker, I desire to submit a report from and find that a bill identical with the bill under consideration was favorably the Committe-e on Accounts. I am directed by the committee to reported from this committee in the last Congress on December 21, 189-1, and report back the relilolution which I send to the desk, accompanied passed the House February 13, 1895, a.nd passed the Senate March 2, 1895. (See page 3136, CONGRESSIONAL RECORD of said date.) by a report in writing, and recommend its passage. 'rhlS bill, with many others, passed the Senate too late to receive the Presi The SPEAKER. The resolution will be read. dent's signature. The Clerk read as follows: Your committee report back the bill and recommend that it do pass. Resolved, That the Doorkeeper of the House be, and he· hereby is, author The report of this committee, made to the House December 21, 1894, on this ized to appoint fifteen addit10nal folders, to serve during the session and bill is herewith made a part of this report, and sets forth fully the merits of fifteen days thereafter, and pay them a salary at the rate of $75 per month the case. out of the contingent fund of the House. [House Report No. 1533, Fifty-third Congress, third session.] The Committee on Indian Affairs, to whom was referred the bill (H. R. The report was read, as follows: t70i) for the relief of Basil Moreland, having considered the same and accom The Oommittee on Accounts, to whom was referred the accompanyin~ reso. panying papers, resp ectfully submit the following report: lution, authorizing the Doorkeeper of the House to appoint fifteen additional That the committee find the facts to be as stated in Senate Report 575 folderlil to serve during the sessiOn and fifteen days thereafter~and pay_them Forty-sixth Congress. seoond sessionl which said report is hereto a.unexed and a. salary at the rate of $75 per month out of the contingent funa of the House, made a part of this report, and is as rollows: beg to report that they respectfully recommend the passage of the same. "In March, 1854, Basil Moreland settled upon the unsurveyed public lands The committee find upon investigation that t-he public necessity for the ap pointment of this additiOnal force gre"v out of the demolition of the buildirig ~jlf~J~r~~:?c~1t~t~~s~~o~~:~~:b~ea~~~tro~~f s!l:i tfnlJ. a lf~gehti~: used heretofore, in which a large number of volumes of public documents of this settlement no right of preemption as to the unsurveyed public lands was stored, by: the storm, which made it necessary to remove all public doou. existed, but in that same year-August 4, ISM-Congress passed an act a.uthor ments· to another building and rewrap about 50,000 documents, the original t&ing such preemption. On the 17th of March,1856, Moreland, having con- wrappers having been partially or wholly destroyed. 1897. · CONGRESSIONAL RECORD-HOUSE. 821 Mr. DOCKERY. Does that include the Lacey amendment that been created by an occurrence over which· congress had no control, the House acted upon a short time ago? that is, by a storm which destroyed the building that had been Mr. TRACEY. Mr. Speaker, this is not new legislation; and occupied for E~everal _ years as a storage house for the folding inasmuch as this matter was thoroughly discussed on a previous department. That building was destroyed by the storm, and it oco~sion, I ask the previous question on the adoption of the report. necessitated the removal of about 400,000 public documents to Mr. PAYNE. Beforethat, Mr. Speaker,Iwouldliketoaskthe another rooni. That necessarily took time and employed the gEmtleman a question. Is this substantially the same resolution force at the disposal of the supenntendent of the folding room in that the House rejected a week or two ago? a business outside of the ordinary public duties devolving on Mr. BAKER of New Hampshire. It is substantially the same. that force. It imposed upon them the performance of work that Mr. TRACEY. In response to the gentleman from New York, took a number of days of theirtimeawayfrom thedutiestowhich I will say that it is the same with this exception that that amend- they ordinarily devote themselves. ment provided for the employment of this a~ditional for9e for In addition to that, the wrappings on 50,000 or more of these three or three and a half months, about, and this only allows the documents were either wholly or partially destroyed,-so that the employment for sixty days. The committee find it to be abso- documents must be rewrapped, and yet no additional force has lutely necessary that this resolution shall be adopted. · been provided in order to meet that new demand, a demand not Mr. PAYNE. How ma'!ly employees are provided for? created by Congress, but by the elements. Now, inasmuch as Mr. TRACEY. Fifteen. the regular force that has been employed were thrown behind in Mr. PAYNE. And for sixty daye? their regular work by the imposition on them of ~his absolutely Mr. TRACEY. Yes, sir. The amount of the expenditure, I necessary demand created by the elements, and i~much as the would say, is $2,250; and the committeeregard theemploymentof documents the wrappers of which have been destroyed must be these men as absolutely necessary. rewrapped, the superintendent of the folding room, after careful Mr. PAYNE. It seems to me that the gentleman o:ught not to investigation, assured the committee, in a letter which was read press the matter now, and that the House ought not to reverse its to this House when this proposition was before it a few weeks former action on this proposition, unless there is something new ago, that it would require the full and constant employment of presented or some additional reason given to justify such action. these fifteen additional men for a period of at least SIXty days to It will be remembered that the House rejected a similar proposi- enable them to get even with the condition the department was tion very recently. in when the storm occurred. Mr. MILES. What is the amount involved? Mr. BAKER of New Hampshire. What is the objection to the A MEMBER. Something over $2,000. amendment? Mr. TRACEY. Mr. Speaker, I demand the previous question. Mr. TRACEY. Now,astotheamendmentofferedbythe gentlEr The question was taken; and on a division there were-ayes 9, man from Iowa [Mr. LACEY], I desire to say that the amendment noes 46. is intended to destroy the virtue of the resolution, if there is ariy So the demand for the previous question was rejected. virtue in it. That is the object and purpose of it. There is not Mr. LACEY. Mr. Speaker, I now offer the same amendment now a single State northof Mason and Dixon'slineunrepresented that was adopted by the Honse before, with some slight modifica- on the Doorkeeper's roll. · · tion. Mr. BAKER of New Hampshire. May I ask the gentleman a · The SPEAKER. The amendment proposed by the gentleman question? · from Iowa will be read. Mr. TRACEY• . Certainly. The C."lerk read as follows: Mr. BAKER of New Hampshire. Will the gentleman name Add to the resolution: . _ one from the States of New Hampshire, Iowa, or Oregon? "Provided, That the Doorkeeper shall select such emr.Ioyees from State. Mr. TRACEY. Yes; there is at least one from each of those . and Territories. not now represented on the Doorkeepers-roll." · States. · ·- Mr. . LACEY. That is the same provision that was adopted Mr. BA-KER of New Hampshire. Not a solitary one. before by the House, and then suddenly, for some reason, my Mr. JOHNSON of North Dakota. Will the gentleman nanie friend lost his interest in the proceedings the moment after the one from North Dakota? · . , amendment was adopted. Gentlemen concluded that they did Mr. TRACEY. There is one from every State north of Mason not want the folders at all if this limitation was imposed on their and Dixon's line. · employment. · But the House adopted the amendment, and it 'Mr. BAKER of New Hampshire. If they are there, they are seems to me that the House should recognize at least the justice charged to those States without authority. It is not true jn any of the appointment of these employees from those States that are proper sense of the word. _ . not now represented. _ · Mr. TRACEY. Mr: Speaker, I desire to say that a large ma- Mr.: WILLIAM A. STONE. Mr. Speaker, if the gentleman jorityof the States, whether Democratic or Republican, are repre- . will allow me a moment, I will ask if he does not know it to be a sen ted now on this roll. There may be a few of the States unrep fact that if that amendment is adopted it will require the selec- resented. 1 may have made my statement too broad when I said tion of all of these employees-every one of them-from the south that every one of the States north of Mason and Dixon's line was of Mason and Dixon's line? represented on that roll; but I do know, from an investigation of Mr. LACEY. I am not aware of that fact; but if it is true that my own, that there can not be more than two or three of those these States are absolutely unrepresented in the employment of States unrepresented north of that line. I do know that the State the House, I think it only presents a greater reason for the adop- of Iowa is represented on that roll. · tion of the amendment. - Now, Mr. Speaker, I desire to yield five minutes to my friend 111'. HEPBURN. Why cui! out your own State? from Pennsylvania [Mr. WILLIAM A. STONE]. Mr. LACEY. This does not cut out any State; it simply pro- Mr. DOCKERY. . I should like to be heard when the proper po ~. es to do justice to all of them. · time anives. . Mr. TRACEY. Mr. Speaker, I desire to say a word in this con- Mr. TRACEY. Very well. nection. Mr. WILLIAM A. STONE. Mr. Speaker, in reference to the I confess I am somewhat surprised at the course taken by my merits of this resolution, it is simply a question as to whether these· esteemed friend from Iowa [Mr. LACEY] with reference to tliis publications shall be properly cared for, whether this work, made resolution. When the resolution was presented the first time by necessary by a storm, shall be done or not. So far as I am per the Committee on Accounts a few days ago; it met with the same sonally concerned, it does not make any difference to me. The ' reception that it now meets with. I think I can safely say from work of the Government ought to be done, but I do not like to the record that has been made by the committee during this Con- see the members on this side of the House take this means of dis gress that I am warranted in claiming that the committee would posing of this resolution. When an amendment is made that all not authorize or indorse any unnecessary expenditure of the pub- of the fifteen appointments shall be made from States now not rep lie money. We have been criticised frequently for refusing to resented on the Doorkeeper'iil roll, naturally om: friends on th~ authorize such expenditures in cases where members have deemed other side of the Home will support that resolution and that it necessary. But we have never authorized or turned down a amendment -because they will get nearly all of those fifteen ap- - resolution submitted to us without first making an investigation pointments. Therefore I can see how our friends on the other side of the facts connected with it and basing our action on that of the House will help my friend from Iowa [Mr. LACEY] to amend investigation. this resolution. Now, if the employees are not necessary, let ns I can say to the House truthfully that the committee has en- vote the resolution down without any help from our friends on deavored to discharge the duty imposed upon it by the. Hou!!e the other side. faithfully and solely with a view to serving the public interests, L et us not amend it in such a manner as that we shall need their and not with a view to serving any private interests of any kind assistance to ' 822 OONGRESSIONAI.. RECORD-HOUSE. JANUARY 15, resolution was up for consideration some time ago that you called of this kind is ridiculous upon a motion such as has been presented upon your followers to vote the resolution down? by the gentleman from Missouri. I hope the amendment will be Mr. TAWNEY. After the amendment was adopted. voted down. Then it will be for the House to determine whether Mr. WILLIAM A. STONE. I did; and will do so again if it is the necessity exists for these fifteen additional employees. so amended as to give all of the appointments to States represented If the facts are as stated by this committee, it would seem that by our friends on the other side of the House. there is a necessity for more employees to take care of these pub l\lr. BAKER of New Hampshire. But that is not a necessary lic documents, and I su:r,pose that, although the Treasury is run consequence. ning behind, we can still afford to pay whatever is required to .Mr. WJLLIAM A . STONE. I do not believe that our majority preserve the documents already printed. But let us give the is so small that we ought to make these appointments from Demo officers of the House full discretion to select their own subordi cratic States. nates,. without confining them to ariy particular locality in the Mr. MILES. Will the gentleman allow me to ask him a ques United States, whether that locality be great or small. tion? Mr. TRACEY. Mr. Speaker, if there is no other gentleman Mr. WILLIAM A. STONE. Yes. who desires to make any remarks, I will call for the previous Mr. MILES. Do you propose to exclude "the gentlemen on the question. other side" practically from an opportunity to participate in legis Mr. McMILLIN. I ask the gentleman toyieldmefive minutes. lation the purpose of which is to benefit the public service? Mr. TRACEY. Very welL Mr. WILLIAM A. STONE. Not at all. I do not think it ought Mr. McMILLIN. Mr. Speaker, it will be remembered by the to be done in an amendment to a resolution that eman·ates from the House that a resolution similar to this was introduced and brought Committee on Accounts. up for consideration two weeks ago or more. The amendment Mr. TR.A CEY. I yield five minutes to the gentleman from that is suggested now, providing the method by which the men Missouri (Mr. DOCKERY]. - should be selected for this work, and limiting the appointments to J\.lr. DOCKERY. Mr. Speaker, I am obliged to the gentleman those States that had no patronage on the roll, was adopted, and from Missouri for his courtesy in yielding me five minutes, but I immediately it turned out that a number of gentlemen who had do not think I will occupy that time. I regret very much that my been zealous supporters of the resolution turned the other way friend from Pennsylvania [Mr. WILLIAM A. STONE] seems to be and helped to kill it. Now, it struck me at the time that that disposed to exelude this side of the House from anypartin the set action on their part threw some light upon the probable impor tlement of the issue raised by the amendment of the gentleman tance of the resolution. It struck me that if there was any neces from Iowa rMr. LACEY]. I want to call attention, Mr. Speaker, sity for an increase of the force, as was represented, an objection to one fact that seems to be conceded. If the evidence of the Door to the mere method of the appointment of the additional employees keeper and superintendent of the folding room is at all reliable, and ought not to be sufficient to influence those gentlemen to turn t.heir 1 suppose it is, a publicnecessityexistsfor the employment of this backs on the resolution after that amendment had been adopted. force. The interest of the public se1·vice, according to the testi It is not a very im~ortant matter who shall receive these appoint mony of these officials, will be subserved by the passage of this or ments. The question in which the Government is specially int-er a similar resolution. So that the contest here resolves itself into ested is whether they are really needed; and for one I think I am an unseemly scramble-! trust my friends will pardon the criti within the bounds of reason when I say that there has not been cism-an unseemly wrangle on the other side as to who shall furnished, during the present session of Congress, a quantity of distribute the fifteen places carried by this resolution. speeches or documents to be folded as large as is usually supplied Mr . .MILES. And further, that we shall not be permitted to par at an ordinary session. It strikes me, therefore, that we can prob ticipate in this issue when it is for the benefit of the public service. ably get along without this increase of force, and if we can we Mr. DOCKERY. That is one feature. My friend from Mary ought to do it. The gentlemen did not think we needed them be land says that the Democratic side will be excluded by the sugges fore, ·after the method of appointment was changed. If, however, tion of the gentleman from Pennsylvania from any part in the the increase is necessary, and these additional men must be em settlement and disposition of this question. _ ployed, I see no objection to those States that have not been recog Mr. WILLIAM A. STONE. I do not make any such sugges nized in the distribution of loaves and fishes being permitted to tion as that. We do not need to be taken care of by an amend approach the basket. ment such as that proposed by the gentleman from Iowa. Mr. TRACEY. Mr. Speaker, I yield one minute to the gentle Mr. DOCKERY. I suggest to the gentleman that if it be true, man from New York [Mr. F A.IROHILD] , who desires to offer an as he suggested, that these employees will be appointed by this amendment. side of tlfa House, then we ought to have something to say in the Ml.·. FAIRCHILD. Mr. Speaker, I offer an amendment to the matter. But I assume that the gentleman was not serious in mak amendment. ing the suggestion, and that no Democrat will be appointed. The amendment to the amendment was read. as follows: Mr. WILLIAM A. STONE. I did not mean that; but if the Strike out "States and Territories," at the end of the amendment, and in amendment sho_u].d pre-vail, then no State, with the exception of sert " Congressional districts." one or two States, can participate in the distribution except Dem fLaughter.] ocratic States, as nearly all the Republican States are now repre 'l'he question being taken on the amendment to the amendment, sented. the Speaker declared that the ayes seemed to have it. Mr. BAKER of New Hampshire. I do not know that it will be Mr. CHICKERING and Mr. TRACEY asked for a division. necessary to take any from those States. The House divided; and there were-ayes 19, noes 75. Mr. WILLIAM A. STONE. Or else take the whole :fifteen from So the amendment to the amendment was rejected. the State of New Hampshire. Mr. TRACEY. Now, Mr. Speaker, I ask for the previous ques Mr. BAKER of New Hampshire. There is Oregon and half a tion on the resolution and the amendment. dozen other States that have not a man on these rolls unless he Mr. LACEY. Mr. Speaker, I make the point of order that the was put there without authority. gentleman from Missouri can not demand the previous question. Mr. MEREDITH. You need notgivethem to New Hampshire. I have the right to close the debate. I can dispose of them in the Eighth Virginia district. The SPEAKER. The gentleman from Iowa was entitled to the Mr. McMILLIN. Mr. Speaker-- control of the discussion after the refusal of the House to order Mr. TRACEY. I yieldfiveminutestothegentlemanfromNew the previous question, but the gentleman did not assume control. York rl\ir. PAYNEl. Mr. LACEY. I did not care to claim it. Mr. 'M.aMILLIN. It strikes me-- The SPEAKER. On thecontrary, the gentleman seems to have The SPEAKER. One moment. The gentleman from Missouri left it in thehandsof the gentleman from Missou1·i, who the Chair retains the floor and yields to the gentleman from New York. supposes has the right to move the pl'evious question, under the Mr. PAYNE. Mr.Speaker,I do not believe we ought to ham circumstances. per the officers of this House in their appointments by directing Mr. TRACEY. Mr. Speaker, if the gentleman from Iowa de that they shall select these new employees from any particular sires to make any remarks I have no objection to his taking five locality. I do not believe it is best to inaugurate that precedent or ten minutes. in the House of Repre entatives. I think that we ought to have Mr. LACEY. I shall probably not occupymorethan three min confidence enough in our officers to allow them to select their utes. I trust that the House will not regard this as an unseemly subordinates without regard to locality. It may happen that scramble for office. We all understand the complaint that has there is not a man from the State of California on this roll. Does been made heretofore in regard to the distribution, locally, of the the gentleman propose to have the Doorkeeper send to California patronage of the present House. If it were under the civil-service and get some one or two men to help refold these documents? If law, geography would have to be taken into consideration, and the exigency exists which the committee have reported, they the offices would be apportioned in a general way over the coun ought to go to work at once; and the Doorkeeper ought to be try. It is well known that certain States have been ignored alto allowed to select men who can perform this intrjcate work, even gether. I am not complaining of the method by which it was if he gets some of them from the District of Columbia; and he done, but the House has already: acted on the idea of this amend ought to be allowed full discretion in the matter. With all due ment and directed that the biiDtted States should be recognized respect to the gentleman from Iowa, I think that an amendment when additional force was required. Take the great State of 1897. CONGRESSIONAL RECORD-HOUSE~ 823 Maryland.. It lies south of. Mason and. Dixon's line,. but it is a Moses,. Quigg, Borg, Turner,Va.. Mozley, Ray Southa.rdL ~ler, rejuvenated State, and.,. in a political sense, is now on the right Mnrpb.y, Reyburn. SouthwicK, Ut>degrafi', side of the line, or, rather, there is no longer any Mason and Dix Newland.s, Robertson,La. Sparkman, Wa.d.swor~ on's line, yet that State has no representation on the Doorkeeper's, Noonan, Rusk, Spencer, Walker, Mass. Odell, Russell, Ga. Sperry, Walker, Va. rolL Now, an omission like that ought not to exist. Otey, Sauerhering, Stephenson, Wanger, Mr. WILLIAM A. STONE~ Does not the gentlema.nlmowthe Otjen~ Scranton, Stone, C. w: Washington. fact that Maryland has two men on the roll now? Patterson, Settle, Strong, Wheeler, Pearson, Shafroth, Strowd, N. 0. White, Mr. LACEY. I am informed by gentlemenfromMaryland who Phillips, Shannon, Sulloway, Wilber, understand the situation that she has none. Pickler, Shaw, Taft, Wilson,Id&ho Mr. WILLIAM A. STONE'. She has two. Pitney, Shuford, Towne, Wilson,N. Y. l\1r. LACEY. The House, understanding the situation in this Price, - Skinner, Tucker Woodard. respect, adopted this same· amendment a short time ago, and I So the amendment was rejected. want it now to have an opportunity to do so again, because every The follo•ving pairs were announced: body will admit that a man from a State that is now unrepre Until further notice: sented on the Doorkeeper's roll can perform these services just as Mr. CousiNs with Mr. CowEN. weJl as a man fl'Om one of the previously favored States. Mr. HITT with Mr. McRAE. Mr. TRACEY. Now,. Mr. Speaker, I ask fer the :previous qu.es Mr. W A.TSON of Indiana with Mr. MEYER. : tion. Mr. WILBER with :Mr. SORG. The previous question was ordered. Mr. TRACEWELL with Mr. RUSSELL of Georgia. The question being taken on the amendment of Mr. LACEY, Mr. HEMENWAY with Mr. MINER of New York. tlt.e Speaker declared that the noes seemed to have it. Mr. HANLY with Mr. MoSES. Mr. MILE;:;. I ask for a division. Mr. TAFT with Mr. RoBERTSON of Louisiana. The House divided; and there were-ayes 58, noes 84. Mr. KULP with Mr. ABBOTT. Mr. LINNEY. Let us have the yeas and nays, :Mr. Speaker. For this day: The yeas and nays were ordered, 110 members voting in favor Mr. CORLISS with Mr. DENNY. thereof. Mr. SCRANTON with Mr. RusK. The question was taken; and there were-yea..s 67, nays 132, not Mr. REYBURN with Mr. MAGUIRE. voting 156; as follows: Mr. PICKLER with Mr. DE ARMOND. YEA~7. Mr. PITNEY with Mr. OT~Y. Allen, Miss. Ellis, Little, Smitll,lll. Mr. CooK of Wisconsin with Mr. PATTERSON. Anderson, Erdman, Living,.'! ton., ~tokes, :Bailey. Good-wyn, McClellan, trait, Mr. HENDERSON with Mr. BANKHEAD. Bake11,N.H. Harrison, McCreary, Ky. Sulzer, Mr. McCALL of Tennessee with Mr. BELL of Texas. Bell, Colo. Hendrick, McCulloch, Swanson, Mr. HILL with Mr. CATCHINGS. . Boatner, Hermann, McDearmon, Talbert, . Buck, Howard. McLaurin, Tate, · Mr. SOUTHWICK with Mr. CLARKE of Alabama. Burrell, Hubbard, McMillin, Terry, Mr. CHARLES W. STONE with Mr. COOPER of Florida. ClaJ:dy,. Hunter. Miles, Thorp, Mr. SULLOWAY with 1\fr. Cox. _ Oiark,Iowa Johnson, N.Dak. Murray, Turner, Ga. Mr. WALKER of Virginia with Mr. DINSMORE. Cockrell, }neberg, Neill, ;r=on._ Conno~ Lacey, Ogden, Mr. ALDRICH of illinois with Mr. FITZGERALD. Cooke, Latimer, Owens, Willis, I Mr. ARNOLD of P ennsylvania with Mr. HUTCHESON. Cooper, Tex. Lawson, Pendleton., Wilson, S. 0. Mr. BRUMM with Mr. KENDALL. · Crowley, Lester, Prince, Wood, Culberson, Lewis, Rina.ker, Yoakum. Mr. HARDY with Mr. KYLE. Dockery, Linney,. Sayers, Mr. HARMER with Mr. LAYTON. NA.YEL-132. Mr. HEATWOLE with Mr. MEREDITII. Acheson, Dayton,. Hurley, Raney, Mr. HooKER with Mr. PRICE. Aitken, De Witt, Jenkins, Reeves Apsley, Doolittle, J'Ohnson, Cal. Richa;;ison, Mr. RULING with Mr. RuSK. Arnotd, R.L Dovener, Joy Robinson,Pa.. Mr. JOHNSON of Indiana with Mr. SPARKMAN. Atwood, Ellett, Kiefer~ Royse, Mr. Low with Mr. TURNER of Virginia. .Avery, Eva.IIS', Kirkplrlrick, Russell, Conn. Babcock, Fairchild. . Knox., Sherman, Mr. MILLIKE...~ with Mr. WASHINGTON. Barney, Faris, Lefever, ~impkins, Mr. MozLEY with Mr. WHEELER. =oldt, Fenton, Leighty, mith,Mich.. Mr. PITNEY with Mr. WOODARD. ett,Ga. ~char, Leisenring,. Snover, Mr. QUIGG with Mr. HART. etchel', Leonard, S~ding, Foote, Linton, ~ hle, Mr. SAYERS. Mr. Speake1:, I ask that my colleagues, Jndge Foss Loudenslager, tailings, ABBOTT and Mr. HUTCHESON,. be excused, orraccountof sickness. ~~m, Gamble, Maddox:, • Steele. The SPEAKER Withoutobjeetion, therequestwill be granted. rh·hop, Gardner; Mahon., Stewa-rt, N.J. ~lue, Gibson, Marsh Stewart Wis. There was no objection. romwell, Gillet, N.Y. Mcc;Jl, Mass. Stone, W.A. The result of the vote was announced as above stated. Bull, Gillett, Mass. McCleary, Minn. Strode, Nebr. Burton, Mo. Griffin McLachlan, Tawney, The question then recurring on the adoption of the resolution, it Calderhead, arisw~ld, Meiklejohn, Ta.yler, was adopted. Clriekering, Grosvenor, Mercer, Thomas. On motion of Mr. TRACEY, a motion to· reconsider the vote by Clark, Mo. E~~er, Milnes, Tracewell, which the resolution was adopted was laid on the table-. Cobb-, Ha ner,Nebr; Minor, Wis. 'J,'ra.cey. Codding, Hall, Mitehel4 Treloar, POST-OFFICE BURGLARIES. Corliss, Halterman, Morse, VanHo~ Crisp, tlenry, Conn. Northway, Van Voor ·, The SPEAKER-laid before the House the following; which was Crowther-, Henry,Ind: Overstreet, Warner, read: Cumm~, He~urn, Parker, Watson, Ind. OFFICE OF TliR POSTMA.STER-GEb"ERAL, Curtis, na. me , Payne. Watson, Ohio Washington , D. G. • January 1.4... 1897. Curtiif N. Y. Hill Perkins, Wilson., Ohio Sm: In compliance wi~h the act of May 9, l8b8 (Supplement Revjsed Stat E alze , Huff, Poole, Woodman. utes,91,585,586), !transmitted to the Speaker of the House of Representatives anford, Hulick, . Powers, Woomer, various. claims for credit on p~tal accounts of postmasters on account of Daniels, Hull, Pugh, Wright. burglaries from post-offices, With recommendation& for the action of Con NOT VOTING-156: gress. pongress, by an act ap~n·oved June 11, lli9ti, amended the form~r act by Abbott, Cannon, Hadley, Kerr, co~e:n:mg power and authonty upon the Postma.stez:·G~neral to adjudicate Adams, Oa.tchinfia.. llanly, Kulp, cla.1ms m such cases up to the amount of $10,000, the limit having previously Aldrich, T. H. Clarke, . Hardy, Kyle~ been $2.,000. I thereforeo have the honor to request that the papers trans Aldrich, W. F. Cnffin, Harmer, Layton, mitted by me to the Speaker of the House may be returned to this Depa.rt Aldricfrlll. Colson, Harris, Long, ment, i;n order tl?-at I may take up and dispose of these claims, under the Allen, tah Cook, Wis. Hart, Lorimer, authonty thus given the Postmaster-General. The following comprises a Andrews, Cooper, Fla. Hartma.Dt Loud, list of the cases the papers of which ha.ve been transmitted: .A:rnold,Pa.. Cooper, Wis. Hatch, Low, tker;Kans. Cousins, Heatwole, Maguire, Postmaster. Post-office. Date. Cause. Trans aker, Md. Cowen, Heiner,Pa.. Mahany, mitted. Bankhead, Cox, Hemenway, :Martin, trham, Crump, Henderson, McCall, Tenn. O.P.Convery ____ Pe:r:thAmboy.N.J. Nov. 2.1894 Burglary. Jan. 8,1895 rrett, Curtis, Iowa Hilborn, McClure, Geo. H. 'l':ioe ______do ______Aug.31;I892 ____ _do ____ Jan. 26,1893 DeArmond, Hitt, ~artlett , N.Y. McCormick.- J. M.. Johnson____ Hudson, N. Y ------Dec. 15, 1l:l93 _____do ____ Feb. 8, 189~ elk:nap, Denny, Hooker, McEwan. Bridget Lane ____ Summit, N. J ______Nov.ro,1S95 _____ do ____ Jan. 10,1896 Bell, Tex. Dingley, Hopkins, McRae, Dinsmore, Howe Meredith, Jas. A. Sexton ___ Chicago, ill------Dec. 12,.lli93 . .... do ____ Apr. 25,189! tck,u.telle, Dolliver, Howell, MllLer, Jas .. C. Soape. ---- Shreveport, La.. ---· Apr. 9,1 90 ____ .do ____ Dec. ~. 1895 Draper, Ruling, Irwm Tuck~r ____ NewportNewa, Va. Feb. 8,1894 _____ flo ____ Mar. 24,189~ M er,Kans. F. M. Vandling .. Scranton, Pa ______Aug 3,1894 ~ ----do ____ Jan. 11,1896 Eddy, Hutcheson, Miller, W.Va. oderick, Fitz~erald, H~ , Millike -:~.rosins, ll'ow er, Jo son.Ind. Miner,~-Y. I have the honor to ba, very respectfully, yours, · own, Graff Jones, Mondell, WM. L. WILSON, Postmaster-General. Grout, S:em Money, Hon. THo~us B. REED, ~Ohio Grow, Kendall, Moody, Speaker of the House of Representatives, Washington, D. 0 . .· 824 CONGRESSIONAL RECORD-HOUSE. JANUARY 15, The SPEAKER. Without objection, the Honse will order the Pensions, and also much unnecessary discussion on the floor of return of the papers, as reqneeted in the document just read. The the House. This is a. bill proposing to fix the rating of the pen Chair hears no objection. and it is so ordered. sion of the widow of a general officer at $100 a month. ORDER OF BUSINESS. · Many members on the floor hav-e desired to get at some uniform a~d equitable rate for these P.ensions, so that they could be passed Mr. THOMAS. I should like to inquire, Mr. Speaker, whether Wlthout unnecessary discussiOn and consumption of time. But the regular order now is not the unfinished business on the Calen it seems that this bill was passed without discussion in the Com dar? mittee of the Whole, and I desire to make that amendment, so The SPEAKER. The regular order is the unfinished business that the matter can be regulated as w~ have attempted to regu of last Friday, now on the House Calendar. late the pensions of the widows of general officers. WILLIAM P. BUCKMASTER. I reserve the t·emainder·of my time. Mr. CURTIS of New York. Mr. Speaker, I rise to oppose the The first bill on the Calendar of unfinished private business was amendment suggested by the gentleman from Missouri. the bill (S. 90) for the relief of William P. Buckmaster. ~y friend is in erro~ in saying that this bill passed the Com The bill was read. rmttee of the Whole Wlthout debate. There was a motion made The SPEAKER. This bill was reported by the Committee of to reduce the sum fixed in the origjnal bill to $75 a month; and a the Whole House with the recommendation that it be indefinitely discussion was had upon that, and the committee voted on the postponed. motion and sustained the t·eport of the Committee on Pensions. Mr. JOY. In the absence of the gentleman from Wisconsin I desire to call the attention of the House to pension legislation, ~r. OTJEN], whoreP,orted this bill, I ask unanimous consent that and also bring to its attention some considerations why there l.t be passed over until next private bill day, retaining its place on should be a difference in the pensions allowed to the widows of the Calendar. general officers as compared to those allowed to the widows of The SPEAKER. The gentleman from Missouri fMr. JoY] asks private soldiers. We increase the pension of the widow of a gen unanimous consent that the consideration of this bifi be postponed eral officer above the pension given to an enlisted man, and it has until the next private-bill day. Is there objection? The Chair been the practice of the Government from its very organization• . hears none. The Chair understands that under this permission It has also been the habit of Congress to increase the pensions in the bill remains in the same situation, with the recommendation proportion to the value of the services rendt!lred by the officer. of the Committee of the Whole still standing. We have had pensions given to the widows of general officers, for LAURETTA S. PRINCE. instance, at a rate of $5,000 per annum, and we .have never heard The next unfinished business on the Private Calendar was the any objection because of that discrimination from the people of bill (H. R. 2620) to place the name of Lauretta S. Prince on the the country, especially when it is considered that the officers pension rolls. themselves rendered such magnificent and valuable services as to The bill was read at length. have commanded the respect not only of our own conntry1 but ot Mr. RIOHARDSON. Mr. Speaker, is this a favorable report the whole world. Our friend would put this lady, the Wldow of from the Committee of the Whole on the Private Calendar? Maj. Gen. JohnGibbon,onthesameplaneon which hehns offered The SPEAKER. The Chair understands the question is on the to put other widows whose husbands were lieutenant-colonels passage of this bill. There was a demand made for the reading of and colonels. the engrossed bill, which has just now been read. T~is_is a different case. It appeals to the judgment and the rna¥· namm1ty of the people, and I am sure that there are few in this The bill'was pas~~Jed. House who would withhold from the widow of John Gibbon this OFFICERS .il\'1) CREW OF GUNBOATS KINEO AND CHOCURA., sum which has beeu voted to her by the Senate, by the Committee The next unfinished business on the Private Calendar was the on Pensions, and by the Committee of the Whole of this House. bill (H. R. 3294) for the relief of officers and crew of the United General Gibbon was a gradnate of West Point, entering a cadet States gunboatsKineo and Chocura, reported from the Committee from the State of North Carolina. Although with Southern per of the Whole with favorable recommendation. sonal associations, he was one of the three most distinguished The bill was considered, and ordered to be engrossed and read a men of Southern origin and Southern a-ssociations who in the third time; and it was accordingly read the third time, and passed. dark days of 1861 stood by the flag ~ George 11. Thomas, John Gibbon, and John Newton were the names of those three distin WILLIAM B. ISAACS & CO. guished men. Since the death of the other two, Congress has The next unfinished business on the Private Calendar was the given consideration to their families in equal proportion to the bill (H. R. 1524) to execute the findings of the Court of Claims in sum. asked in this bill. General Gibbon served with the volun the matter of William B. Isaacs & Co., reported from the Com teers and rose to the grade of major-general. In that hot contest . mittee of the Whole with favorable recommendation. at Gettysburg, when a corps commander was disabled, John Gib The-bill was ordered to be engrossed and read a third time; and bon was selected on the spur of the moment by those who knew it was accordingly read the third time, and passed. his capacity to take command of the corps and to continue in GEORGE M'.A.LPIN. command throughout thatoattle. But tllere wa-s a greater service rendered the country by John The next .:unfinished business on the Private Calendar was the Gibbon. In the closing days of that great struggle there was a bill (H. R. 1353) for the relief of George McAlpin, to repay moneys con test between the artillery, the cavalry. and the infantr y to push unlawfupy collected from him ~y the United States, reported from forward to overtake the army under the command of Lee. On the Committee of the Whole Wlth amendments. the morning of the 9th of April General Lee had not come to think The amendments were considered, and agreed to. that an immediate sm·render wa-s necessary, and when the Confed The bill as amended was ordered to be engrossed and read a erate forces were ordered forward they supposed the cavalry was third time; .and it was accordingly read the third time, and passed. all they had to meet; but the cavalry wheeled out and uncovered The title of the bill was amended to conform to the recom. the infantry of the Twenty-fourth Corps, which had arrived uncler mendation of the Committee of the Whole. command of Maj. Gen. John Ginbon. Thatcorpshadmarched, on MATHIAS PEDERSEN. the 8th of April and the night of the 8th and the morning of the The next unfinished business on the Private Calendar was the 9th, 37 miles to support the cavalry. Our associate from the First bill (H. R. 4310) for the relief of Mathias Pedersen, reported from dh:1trict of West Virginia [Mr. DovENER] was in that corps. And the Committee of the Whole with an amendment. in the State of the gentleman who make3 this motion there is now The bill was considered, the amendment recommended by the living one of the most distinguished men in that State, Gen. committee was agreed to, and the bill as amended ordered to be John W. Turner, who commanded one of the divisions under John engrossed and read a third time; and it wa-s accordingly read the Gibbon. It was the skill of John Gibbon and the magnificent work third time, and passed. of his men which marched that corps to the place where they were enabled to cooperate with the cavalry and made forever memorable FANNY ?IIOALE GIBBON. the 9th day of April. If that had not been done the 9th of April The next unfinished business on the Private Calendar was the would not have been one of the memorable days in American pill (S. 2008) granting a pension to Fanny Moale Gibbon, reported history. The presence of the Twenty-fom·th Corps saved slaugh from the Committee of the Whole with favorable recommendation. ter and great losses, which would have continued for several days Mr. CROWTHER. Mr. Speaker, I offer the amendment I send had it not been for the skillful and masterly evolution of the men to the desk. under Major-General Gibbon. - . The Clerk read as follows: Is it in the heart, the judgment, or the conviction of any mem Strike out, in line-S, the words" one hundred "and insert in lieu thereof the ber th~t this widow, aged 70 ye&rs,. without property, blind, with word "fifty," so that the bill will read "$50 per month." · . · a daughter in feeble health, and two grandchildren without father Mr. CROWTHER. I unden;tand that this is one of the bills or mother, the children of a deceased daughter, shall be left upon that inevitably causes a great deal of friction and trouble in the this pittance proposed by the gentleman from Missouri? Will it Committ ee of the Whole, a-s well as in the Committee on Invalid meet the wish of any true lover of the country that these persona, • 1897. CONGRESSIONAL REOORD-HOUSE. 825 especially this widow, should be left in want, as they would sub the widow of an officer, while the widow of a private soldier, whQ stantially be with the small sum proposed? This widow is with lives-in the next house, who lost her husband in the service, and, out means and I do think the House should vote doWn. this who endured as much for his country as the officer-that that motion and stand by the action of the House in Committee of the widow should have only $8 or $12 a month? · Whole and ihe Senate. Mr. Speaker, that is a conundrum that I am unable to solve. 1 Mr. CROWTHER. Mr. Speaker, I desire to grant a porti~n of am unable to make any satisfactory explanation of such a differ my time to the gentleman from Kansas [Mr. BLUE]. ence. I think it might be proper for an officer's widow to have a Mr. BLUE. Mr. Speaker, it has been to some extent a mooted difference in her favor, but no such difference as this. I think question for a great many years a-s to who put down the rebellion. that all of this kind of legislation should be covered by some gen We have found out now that it was General Gibbon. Perhaps to eral pension bill. It is manifestly very unjust for persons who that extent the gentleman's measure is meritorious. He has set have a friend in court and among members of Congress to come tled that question. But I apprehend that there were others who in here and bring in a pension bill to give a large pension to the participated in that conflict, others, somewhat less pretentious widow of one soldier, while the widow, as I say; of an equally oftentimes, who did their part equally well, although that part meritorious soldier, living next door, only gets $8 or $12 a month. might have been the part of the humblest private of the command. Only a few are reached in this way, and it serves to make the thou It was the great common soldiery of this people who fought that sands of pensioners dissatisfied With the bounty of the Govern conflict. While the men who led them deserve credit, they de ment. I have since I have been a member of this House intro serve it in no higher degree than the common soldiery of the duced very few pension bills, not over two or three. I do not Republic. The chief merit of that contest was the patriotism and know that I have passed a single one, because I have not believed heroism of the common men, and when the history of that stupen in the justice of this special legislation. It produces great dissat dous and wonderful struggle comes to be written it will be replete isfaction among the pensioners of the country. They can not see with the acts of heroism of the men who carried the musket, as the justice of it, and there is no justice in it.. And while I have well as of the men of rank who bore the sword, and who chanced to confess to my inconsistency, while I have to confess to the to be in such positions that they became famous by reason of the fact that I have done what I ought not to have done in th"at I have valor of the men w.ho sustained them. voted several times for large pensions for the widows of officers, There can always be found in this body eloquent gentlemen who I am here to say that in the little time remaining to me, on the Justain the claims of the widow of the officer; but who pleads for principle that'' While the lamp holds out to burn," etc., I do not the lowly widow of the common soldier here? If an offer is made propose to vote for any bill giving a large pension to an officer's to increase her pension beyond $12 a month there are always advo widow; but I wall cast my vote for this amendment or for a cates ready to object to any increase beyond that humble pit smaller sum. tance, on the ground that the general rule 15hould be adhered to Mr. CURTISofNewYork. Mr. Speaker, Idonotknowwhether and no greater amount should be allowed. Let us have a law of I reserved the balance of my time, but I hope at least, I shall be equity and justice in the application of the rule to officers of this allowed to say a word in reply to the argument1 of my friend from army. I regret to say, for myself, that the vote that I cast here Massachusetts [Mr. MoRSE], as well as my friend from Kans~ giving $75 a month to pension the widow of the only major-~en [Mr. BLUE], who have entered into a discussion of the policy of eral that Kansas furnished to the service has been more critiCised the Government in discriminating in p_ensions between enlisted · than any other official act of mine in this body. I here at this men and officers, and the widows of enlisted men and the widows . moment upon the floor of the House apologize to the gentlemen of officers. That is a discrimination which has always existed . who have criticised that vote in the past and say that if I had an That is a discrimination which has existed in respect to their pay, opportunity to make it $50 I should avail myself of the privilege their responsibility, and everything pertaining to the service. and vote to make it $50. I think that the amendment of the gen Mr. CROWTHER. Will the gentleman permit me to a-sk him tleman from .Missouri [Mr: <1ROWTHER] should _prevail. I think a question? that the rule ought to be $nO m these cases, ann 1t ought not to go Mr. CURTIS of New York. Certainly. beyond that. Seventy-five dollars would be the limit in very Mr. CROWTHER. What amount of pension would the widow extreme cases, but there is no special extremity in this claim that of a general officer, a brigadier-general, obtain under the general demands any such pension as $100 a month. law? , - One of the most beautiful temples upon the face of tile globe is ' Mr. CURTIS of New York. Thirty dollars a month, and a pri St. Paul's Cathedral. It is a temple of the living God. It was born vate soldier $12 a month. of the intellect of a great architect, and in and about that splendid Mr. CROWTHER. Now, we propose to give_this widow, not structure, among the magnificent sarcophagi that rest there, is the generall.....$50 a .month. Certainly that is sufficient. the tomb of Sir Christopher Wrenn, the architect of the structure, Mr. CURTIS of New York. No. · Mr. Speaker, this Congres!J and upon the marble slab that covers his tomb is a Latin in~crip and other Congresses, from the close of the· war, have seen fit and tion which contains this sentiment: "If you seek for his monu many times to increase the pension over the statute provision for ment, look about you." When there shall be builded a stupendous the widows of distinguished officers. They have also increased the and glorious monument to the heroism of the common soldiery pensions for widows of soldiers, but I do not think that question that saved the life of the Union and perpetuated our institutions, properly comes up for consideration at this time. There has been let there be written on that monument: "If you seek for their no case since the close of the war when the. merits of the man, achievements, look about you." [Applause.] We can already see tbe character of his services, or the needs of his family more in the splendor of this the noblest and greatest of civilized nations strongly appeal to the sense of justice, generosity, and good feel the works that have followed the services of those heroes and re ing of the American people than the case now before the House. alize what the patriotic common soldiery of the nation can accom My friend speaks of the private soldiers and compliments them as plish. In deference to their heroism, in deference to the good they deserve, but what is the value of a single musket?_ The im names of their wives and children, let us apply a little of the gen portant thing in war is organization, skill in maneuvering, which eral rule to these pensions for generals' widows and sustain this brings the greatest number of muskets, the greatest force of artil amendment. rApplause.] lery, the greatest number of cavalry sabers to strike at the de Mr. CROWTHER. I yield five minutes to·the gentleman from cisive time. We are not now passing upon· the respective merits Massachusetts. of the private soldier or the officer in his individual capacity; we - Mr. MORSE. Mr. Speaker, I want to stand up in my place and are considering the value of the services rendered by General Gib indorse the eloijuent remarks of the gentleman from Kansas [Mr. bon, and among all the officers who performed gallant and dis BLUE]. I remember that once·a little boy had heard his father tinguished service in the last war there can not be found one more expatiate on his exploits in the Army at great length and very many meritorious, one who showed greater capacity in the field when times, who finally said, "Papa, did anybody help you to put down he had an opportunity to exhibit it, than Gen. John Gibhon. the rebellion?" Now, when I listen to some of the eulogies pro His widow is poor. She is 70 years of age. The pension here nounced upon the officers of the Army, I am constrained to give proposed to be granted is a small sum, not greater than has been utterance to a similar sentiment. I ·am not here to detract any given in this very· Fifty-fourth Congress to the widows of officers thing from the glory or patriotism of the services rendered by these whose services were no more to be compared with the services of men who commanded the Army whether in a minor or greater General Gibbon than a nickel is to be compared with a dollar. capacity; but I am here to say "Amen" to what the gentleman Mr. CROWTHER. Mr. Speaker, I yield ten minutes to the gen from Kansas has so eloquently said when he says that the real tleman from Nebra-ska [Mr. ANDREWS~. honor belongs to the men who fought in the ranks, without which Mr. ANDREWS. Mr. Speaker, this·question has been gone the officers would have been powerless. over frequently in committee before bills have been reported to Now, Mr. Speaker, I am here to say further, that some votes I the House. We have reviewed the arguments here pro and con have cast in this Honse since I have been here, giving large pen at almost every Friday night session when we have been able to sions to the widows of officers, have been criticised at my home, transact any business at those sessions. On Friday afternoons, in my -district, and in my Commonwealth more than any other and at other times, this House has been entertained with a review vote I have cast· in this House. I want to · ask what rhyme, wit, of the ar~um.ents relative to the ratings of pensions for the wid wisdom, or justice is there in giving a pension of $75 a month to ows of pnvate soldiers and the widows of officers. In order-to • 826 OONG~SIONAL RECOR~HOUSR JANUARY 15, nlace before the House at this; time the action which the Commit this principle: You know that when a great busiriess concern goes tee on hlvalid Pensions has taken upon this question, and to pre down, an account is taken of the assets and liabilities; and when Eent also in full the repo:rt which that committee has recommended the concern is found to be bankrupt, those who settle up the busi to the House for passage, I send to the Clerk's. desk and ask to ness do not make one or two or five or ten or twenty or even a have- read as part of my remarks the action of the committee, hundred creditors preferred creditors; but on a principle of justice which will be found on page 410 of the RECORD of the first session they divide up what is. left and pay so much on the dollar. Now, of this Congress. Tbis report was acted upon by the Committee so far as concerns the debt that this country owes to the soldiery on Invalid Pensions, and 1 was instructed to report it back to the that sustaineQ. it in the hour of its peril, it can nevffi' pay that House with the recommendation that the. resolutions there pre debt. It is bankrupt in money; and it is bankrupt in gratitude. sen ted be pa sed. The best it can do is to pay so much on the-dollar; and the only The Clerk read as fo lows-: way it can do that is to deny unusually large amounts to a certain class and to enrleavor as much as possible to reach an equalization Whereas marJred confusion and delay have resulted from the want of some in the distribution of the whole amount. uniform rule in the considei'ation of private pension billa~ Therefore1 • Be itJ resolxed. That it is the sense of the House that aJl private peiLSlon b1lls Upon that principle I have to refuse to vote for $100 a month should be drawn according. to the rates of pension indicated by. the gener~ to the widow of an officer who may not be any more needy than l>emrion laws unles t~e evidence should clearly sh?W that; a high;er .rate 18 Justly required to relieve actual distress, the question of th_& soldiers rank the widow of a private. I know that there are to-day thousands being considered wholly immaterial in determining an exceptional rating. and thousands of soldiers' widows who can not get even $12 per Resolved. 1'ha.t.all recommendations-from committees should he in harmony month: there are thousands that would be glad to get even 8 with the sentiment of the foregoing resolution. a month who are now getting nothing. On this principle of a Mr. ANDREW , from the Committee on Invalid Pensions, submitted the somewhat just distri1>ution of the assets in hand, I can not vote fo~~5~:x;tee on Invalid Pensions, to whom. was referred the: resolu for $100 for the widow of an officer when I have to vote for $12 tion (H. Res. il4J ) relating to private pension bills, have considered the same, for the widow of a private. I shall therefore sustain the amend a;nd report a.s follows: . . . Said resol'utfons seek to eeonoDllZe the time and labor of the House m the ment. I , con ideration of -private pension bills. Such bills are usually drawn at rates Mr. CROWTHER. I yield five minutes to the gentleman from m.uch higher thrui those inctica.ted.by general pension laws,_and co~sequently Ohio [Mr. GROSVENOR]. much time is consumed by coiDilllttees and oy the HoUBe m ma.kmg amend ments as to rates. If such bills were drawn according- to rates fixed by gen Mr. GROSVENOR. Mr. Speaker, I am very much obliged to eral pension laws. and each bill wereaccom_pa.nied by a bri~f o~ the n~cessary the gentleman from Missouri [Mr ~ CROWTHER] for yielding time ~viden-ce when it reaches the propercomnnttee. many menton on bills could . to me; but he. unde:rstands that I am not going to s-upport his be passed in the time frequently consumed by repetitions of opinions relati~e to exceptional ratings. It is a sumed that t.he members of the H.ousa will amendment. readily recognize the benefits that could thus be conferred upon many deserv I have heard a great dea1 on the floor of this House for ten or ing ld.iers whose bills ought to be passed immediately. twelve years in the line of the argument now used in opposition to If the rates fixed by the general pension laws are not fair and just,. a bill removing unjust discriminations should be put upon its passage immediately this bill. But I have this to say: Never yet, in my conta-ct with and enacted mto law. • the private soldiers of the country, have I ever heard any ratifica Thus on discussion would settle the question of rates, and Congress would tion of the agency assumed by these gentlemen. I have been a be relieved o:J: a large. volume of business which would be and ought to be the transacted through the Pension Bureaa:. The adoption of the resoltlitions member of State encampment of Ohio almost ever since the would give a l'ule of action to member.s. committee , and the House~ the. war. I have been six times a delegate to the National Encamp transaction of business relative to-private pension bills.; and your coiDJDlttee ment of the- Grand Army of the Republic; and I am elected a therefore. recommend that said re.salutions. be agreed to. delegate to the State encampment of Ohio now. And never yet in any one of tho a meetings, nor in any of the Grand Army Mr. ANDREWS. Mr. Speak&, it is not my desire, neith:.erwas reunions, nor in any reunion of the. great assemblages of the it the desire of the Committee on Invalid Pensions in the prepara- Army, have I ever heard a private soldier or anybody else attempt tion and adoption of this reporl, to cast any refiectjon whatever to draw the line that is here attempted to be drawn between the upon the brilliant sBrvices of any officer in the late war of there- private soldier and the officer. hellion. We simply seek to suggest here a rule of bu iness pro- Now, let me add this: The distinctions that have been made cedure whereby this miscellaneous discussion can be dispo ed of since the. war in favor of the great officers of the war have been once for all by the passage of a general statute that will remo-ve made by the private so diers themselves. The very SI>irit that the question from debate. Then each succes.sive committee from gave to the Army of. the Potomac their pride in such men as John Congress to Congress will have a definite policy marked out r.ela- Gibbon has run through the third of a century that has followed tive to their recommendations of pension bills to the House. the elose of the war; and to-day the men who stand by this dis- In the early part of the first session of this Congress the Com- tinction with the greatest enthusiasm are the enlisted men of the mittee on Invalid Pensions was very se-verely criticised for the Army. Point out to me, if you can,, one place where there has presentation of bills that were supposed to be out of harmony with been an authoritative declaration against the recognition of such the fixed provisions of general laws: Wheth_!3r those ~ritic~s men as Sherman and Grant and Sheridan, and their relatives were just or not we need not now d~oate. ~t 1 not the m~ntion after their death. Show me the place where there was a private of the committee, as I understand tt, by this :recommendation to soldier who did not indorse the conferring of the pension upon question what should be done or what should not be don& in a Mrsr Sheridan. general statute, but so long as there are general laws giving So, Mr. Speaker, my proposition is this: While if I had the higher rates of pens~on to the widows of offie~r.s than are allowed · framing of the pension laws all over again. so far as the volunteer to the widows- of prrvat.es those general provisions of law sho-uld service is concerned I would make no distinction of rank-I have be observed; and if present ratings are unjust, a bill removing said 80 many a time-the same considerations do not apply in the unjust discriminations should bepnt uponitspassageand enacted case. of an officer of the Regular Army; and our system of volun· into law immediately. tear pensions we derive from the Regular Army system. Now, with a provision of that character the House wonld have In the- present case, General Gibbon, an officer of the Regular some rule of action. But here, with eases coming up from time Army, having reached his sixty-fourth year. was retired upon a to time ranking up to the grade of r.aptain, it has been _Practically reduction of pay. He devoted his life to the service of the Govern impossible to secmre. a recommendation of the Comm1ttee of the ment" and at his death he had accumulated nothing-. He leaves be Whole for anything beyond $20 a month; but when you pass to an hind him a widow. Now, although I never served in the Army of officer of highe:r rank than that of captain, OT beyond the rank of the Potomac, I ventm·e to say that if every survivor of the Army of major, it is a comparatively easy matter, on the ground of rank the Potomao-enlisted man or officer-could register his vote upon -alone, to leap- from $"~5 to $100 a month without stopping to ask this proposition, ninety.-nine out of every one hundred of tho e votes why. I subnD:t that a_ practice of this kin_d is.wholly in ,. 1897. CONGRESSIONAL RECORD-HOUSE. 827 Mr. GROSVENOR. Not at all. ·1 said that this debate- had The question was taken; and there were-yeas 68; nays ·128, not "been taken advantage of for that purpose. ;voting 159; as follows: . Mr. CROWTHER. This morning the House passed a bill YEAS-'68. granting a pension to the widow of a distinguished officer who Aitken, Danford, Kirkpatrick, Royse, Allen, Miss. Ellis, Lacey, . • Shafrot_!lJ had reached the highest rank in the Nav:y, and then stepped out, Anderson, Fenton, Latimer, Smith, w. joined the Army, and obtained the very highest position that Andrews, Gibson, Lewis, Snover, could be obtained there. We passed that bill at only $50 per month. Baker, N.H. Hager, Loudenslager, Spalding, Barham, Halterman, Marsh, Strait, And I hold in my hand the conference report, agreed to by the Bell, Colo. Hatch, McLaurin, Strong, Senate Committee on Invalid Pensions, regarding the same ques Bishop, Hemenway, Milnes, Talbert, tion, wherein they stand by the uniformity of their action with Blue, Henry, Ind. Minor, Wis. Tate, Burrell, Hicks, Morse, Tracewell, reference to the amount I have proposed. Burton, Mo. Howard, Mozley, Treloar, Mr. WATSON of Ohio. Let me ask the gentleman from Mis Clardy, Hubbard, Northway, Updegraff, souri if his objection in this case is special or general? Clark, Iowa Hulick, Ogden, Willis. Mr. CROWTHER. A general objection. I have been fighting Clark, Mo~ Hull, Overstreet, Wilson, Ohio. Codding, Hunter, Pendleton, Wilson, S. 0. these bills all the way through. Connolly, Johnson, N. Da.k. Perkins, Wood, Now, I desire to yield a portion of the time to the gentleman Crowther, Kern, Raney, Yoakum. from Illinois rMr. WooDl. NAY~l28. Mr. WOOD. Mr. Speaker, I do not wish to make any discrimi Acheson, Dinsmore, Kyle, Sherman, nation against the widow of Gen. John Gibbon; but something Arnold~ R. I. Dockery, Layton, Smith, Mich. has been said here in regard to the policy of making a distinction Atwooa, Doolittle, Leisenring, Sparkman, Avery, Dovener, Leonard, Spencer, between the pensions of officers and privates who have served in Bankhead, Ellett, Livingston, Stallings, our Army. I recognize no such distinction and no policy of the Barney Erdman, Long, Steele, Government except that which comes through general law. The Bartlett, Ga. Evans, Low, Stephenson, Bell, Tex. Fairchild, :Maddox, Stewart, N.J. law in a private or individualcase is not a precedent, and the pol Bennett, Fischer, Ma,"'llire, Stewart, Wis. icy of the Governme,nt can not be founded upon or determined in Bingham, Fletcher, Mahon, Stokes, the future by the passage of any private act. That is an entirely Boatner, Foote · McCall, Mass. Stone, W.A. Boutelle, .Gamble, McCleary, Minn. Strode,Neb:r. different question. Bromwell, Gardner, McClellan. Sulzer, The private law is an anomaly in legislation. It is sometimes Bull, Griffin, McCreary, Ky. Tawney, resorted to to confer privileges upon those who ought not to have Burton, Ohio Griswold, McCulloch, Terry, them or who do not have them under the general law. In a Catchins-s, Grosvenor, McDearmon, Thomas, Chickermg, Grout, McLachlan, Towne, Republic like ours it ought to be in the nature of equitable legis Clarke, Ala. Hainer, Nebr. Mercer, Turner, Ga. lation, and should be based on a general _principle, each case of Cobb, Hardy, lliles, Turner, Va. private legislation that comes up for consideration in this body Cockrell, Harmer, Miller, W. Va. Van Horn, Cooke, ill. Harris, Mitchell, Van Voorhis, being determined by the circumstances surrounding it. HHeillnry, Conn. Money, Wadsworth, The policy of the law in regard to pensions is that where the g~~fi:"· Fla. Murray, Wanger, soldier died from the effect of wounds or injuries received or dis Crisp, ' Huff, Neill, Warner, Crowley, Hurley, Newlands. W atsou, Ohio ea e contracted in its service, that the Government will confer Culberson, J enk:ins, Owens, Wellington, upon the widow of such soldier $12 per month, and upon the widow Cummings., Johnson., Cal. Poole, Wheeler, of a general officer who performs services under similar circum Curtis, Kans. Johnson, Ind. Powers, Williams, Curtis, N.Y. Joy, Prince, Wilson, N. Y. stances the sum· of $30 per month. The policy of this Govern Dalzell, Kiefer, Pugh, Woodard, ment in reference to pensions, as shown in the public laws of the Daniels, Kleberg, Richardson, Woodman, United States-and that policy has been uniform-is to give to the DeArmond, Knox, Shannon., Wright. widow of the officer and the soldier alike a similar pension where NOT VOTING-159. the death did not result from wounds received in the service or Abbott, De Witt, Lefever, Reeves, from disease contracted in the line of duty. We are departing Adams, Din~ley, Leighty, Reyburn, from this policy of the law, and without any good reason. The Aldrich, T. H. l)olliver, Lester, Rinak:er, Aldrich, W. F. Draper, Linney, Robertson, La. pension that comes through a private law is a gratuity pure and Aldrich, Til. Eddy, Linton, Robin son, P&. simple. It is not supported on any legal principle. The pensions Allen, Utah Faris, Little, Rusk, that come through a general law, especially an act that was passed Apsley, · Fitzgerald, Lorimer, Russell, ColUl. ArnoldkPa. J!'oss, . Loud, Russell, Ga.. before the soldier enlisted, perhaps, or while in the service, is in Babcoc , Fowler, Mahany, Sauerhering, the nature of a debt and an obligation on the part of the Govern Bailey, Gillet, N.Y. Martin, Sayers, ment. We have made this distinction, although in the ;:~.mount of Baker, Kans. Gillett, Mass. McCa.ll, Tenn. Scranton, Baker, Md. Goodwyn, McClure, Rattle, pay and in the rank of the party the pension comes under the pro Barrett, Graff, McCormick, Shaw, visions of the general law. Bartholdt, Grow, McEwan, Shuford, Now, it is proposed by this amendment to make the pension of Bartlett, N.Y. Badley, McMillin, Sim p.k:ins, Beach, Hall, Mc:Rae, Skinner, the widow ·of General Gibbon $30 per month. I recognize, as we Belknap, Hanl¥, Meiklejohn, Borg, all recognize, the distinguished services of Gen. John Gibbon. I Berry, HarriSon, Meredith, Southard, recognize the fact that he got the infantry, in that relentless pur Black, Hart, Meyer, Southwick, Bowers, Hartman, Miller, Kans. Sperry, snit, along on the same time of the cavalry. But it was the en Brewster, Heatwole, Milliken, Stahle, ergy, it was the endurance, it was the bravery and determination Broderick, Heiner.Pa. Miner, N.Y. Stone, C. W. of the private soldier that enabled him to do that. I do contend Brosius, Benderson, Mondell, Strowd, N. a that there ought not to be made this distinction between the offi Brown, Hendrick, :Moody, Sulloway, Brumm, H epburn, Moses, Swanson, cer and the privates, both, peT haps, serving in the same corps, and Buck, Hermann, Murphy, Taft, both undergoing the same hardships and the same privations. Calderbead, Hilborn, Noonan, Tayler, Besides that, Mr. Speaker, this officer was there for life, a place Cannon, Hitt, Odell, Thorp, Coffin, Hooker, Otey, Tracey, that is sought after eagerly by all the young men of the country, Colson. Houkins, Otjeu, Tucker, so many of whom wish to enter the military service. When the Cook, Wis. Howel Parker, Tyler, proper age comes, he may be retired on three-quarters of his full Cooper, Tex. Howe 1., Patterson, Walker, Mass. Cooper, Wis. Ruling, Payne, Walker, Va. pay. The pension allowed to his widow is two and one-half times Cousins,· Hutcheson, Pearson, Washington, that allowed to the private soldier. And if the amount should be Cowen, Hyde, Phillips, Watson, Ind. cut down to $50 per month, under the amendment pending, based Cox, Jones, Pickler, White, Crump, Kendall, Pitney, Wilber, on the facts set out in the report, it will still be doing full justice Curtis, Iowa Kerr, Priee, Wilson, Idaho. to the widow of this diRtinguished officer, and it will be very much Dayton, Kulp, Quigg, Woomer. more than has ever been granted· to the widow of any private Denny, Lawson, Ray, soldier under our pension laws. So the amendment of Mr. CROWTHER was rejected. The SPEAKER pTo tempore. The question is on the adoption The Clerk announced the following additional pairs: of the amendment proposed by the gentleman from Missouri For this day: The question was taken; and uponadivision (demanded by Mr. Mr. BARRETT with Mr. TUCKER. CURTIS of New York) there were-ayes 60, noes 59. · On this question: Mr. CURTIS of New York. I call for tellers: Mr. LEIGHTY with Mr. WILSON of Idaho. Tellers were ordered. Mr. HENDERSON with Mr. CooPER of Texas. The SPEAKER. pro tempore appointed Mr. CURTIS of New York Mr. GILLETT of Massachusetts with Mr. DENNY. and Mr. CROWTHER a-s tellers. Mr. SiMPKINS with Mr . .MINER of New York. The House dividAd; and the tellers reported-ayes 54, noes 82. Mr. MEIKLEJOHN with Mr. LITTLE. Mr. CROWTHER, Mr. MILNES, and others demanded the yeas On this vote: and nays. Mr. ALLEN of Utah with Mr. H.A.RRISON. The yeas and nays were ordered. The result of the vote-was then announced as above recorded. 828 · CONGRESSIONAL RECORD-HOUSE. J:.ANUARY 15, Mr. BLUE. Mr. Speaker- Mr. CROWTHER. To facilitate matters, with the consent of Mr. WOOD. Mr. Speaker, I move to amend by striking out of the House, I withdraw my motion for the reading of the engrossed line 8 the words "one hundred u and inserting in lieu thereof bill. "seventy-five." Mr. POOLE. I objeot. Mr. OtTRTIS of New York. I hope that will not be adopted. The SPEAKER. Objection is made to the withdrawal, whicb. The SPEAKER pro tempore. The Clerk will report the amend is equivalent to a renewal of it. The Clerk will report the next ment. bill. . The Clerk read as follows: WILLIAM M. DALZELL. In line 8 strike ont the words "one hundred " and insert in lieu thereof the word "seventy-five." The next unfinished business on the Private Calendar was the bill (H. R. 1498) to grant an honorable discharge to William M. ' Mr. CURTIS of New York. Mr. Speaker, is it in order to offer Dalzell. - this amendment now in the House? The bill was read. The SPEAKER pro tempore (Mr. HULL). The Chair thinks Mr. STEELE. Let us have the report read. it is. The previous question has not been ordered, and the bill is The SPEAKER. The gentleman asks for the reading of the· open to amendment. report. If he desires to have it read as a part of his rema1·ks, the Mr. CURTIS of New York. I hope that amendment will be report can be read. voted down. Mr. STEELE. Yes. The question being taken, the Speaker pro tempore announced The report (by Mr. GRIFFIN) was read, as follows: that the noes seemed to have it. · The Committee on Military Affairs, to whom was referred the bill (J:l. R, On a division (demanded by Mr. BLUE) there were-ayes 57, H98) granting an honorable discharge to William M. Dalzell, having examined noes 86. and considered the same, report the bill back to the House with a recom- Accordingly the amendment was rejected. mendation that it do pal!8. . From a report ma.de by the War Department in this case it appears that Mr. CURTIS of New York. Mr. Speaker, I now ask for the Williain M. Dalzell was enrolled May 27, 1861, for three years, as corporal ot previous question. Company B, Second Iowa Infantry, and is reported on the muster roll of the The previous question was ordered. . . company for September and October, 1861, a.q having been transferred to the recruiting service for the State of Iowa October 1, 1861. With the excep The question being taken on ordering the bill to be engrossed tion of the roll for July and August, 1862, on which he is similarly r eported and read a third time, Mr. BLUE demanded a division. . his name is not borne on any muster roll from October, 1861, to the date or1 The House divided; and there were-ayes 102, noes 13. muster-out of the company on July 12, 1865. The application for honorable discharge previously submitted was denied Mr. BLUE and Mr. CROWTHER demanded the yeas and nays. on December 10, 1880, on the ground that there was no evidence of the alleged The yeas and nays were refused, not a sufficient number rising transfer to the United States Navy, and that the applicant's unsupported in support of the demand for the same. statement did not waiTant a. change in the record. An investigation, brought about by a similar application in September, 1888, Accordingly, the bill was ordered to be engrossed and read a elicited the following facts: · third time; and it was read the third time, and passed. The Navy D(lpartment reported that there was no record of claimant's On_motion of Mr. CUR TIS of New _York, a motion to reconsider service in th~ United States Navy. The Second Auditor reported that there were no papers on file in his office the last vote was laid on the table. relative to the case. On September 20, 1888 the claimant was informed that no record had been GRAY'S BATTALION OF ARKANSAS VOLUNTEERS. found of him from October, 1861, to June 1o, 1862, when he accepkd civil employment in the Quartermaster's Department, and that no favorable The next unfinished business on the Private Calendar was the act10n could be taken in his case except upon satisfactory evidence of his bill (H. R. 1061) granting pensions to Gray's Battalion of Arkan discharge from the military service prior to his employment as a civilian. sas Volunwers. An inq_uiry of the adjutant-general of Iowa elicited the following reply: "William-M. Dalzell was reported transferred October 1, 1861, and also The bill was read. . . August l, 1861. . Report of transfer does not state to what organization trans Mr. THOMAS. Mr. Speaker, I move the previous question on ferred, but inremarkssaystolowaf:itate recruiting service. He is su~posed the bill. to have been transferred to Marine Brigade. There are no records m ·this Mr. BLUE. Mr. Speaker, !hope that will not be ordered now. office going to show in what organization, other than the Second Iowa Infan try, he served." The question was taken; and the Speaker announced that the. The claimant makes 'the -following statement under oath as to his where ayes-appeared to have it. abouts after the transfer above referred to: Mr. BLUE. I demand a division. Let us see whether this is a "About October 1, 1861, Capt. R. M. Littler, of Company B, Second Iowa Infantry, transferred me to the Navy Department, under command of Oap private bill or a public bill. tain Pennock, who was then in char ~r e of the naval station at Cairo. Having The House divided; and there were-ayes 55, noes 40. for many years previous to enlistment been a steamboat captain, I was or Accordingly, the previous question was ordered. dered by Captain Pennock to take charge of the steamer E-ugene, which I did. I run said boat until October 1,1862, on which date I was ordered to go with Mr. BLUE. Mr. Speaker, a parliamentary inquiry. Can a mo the boat to Memphis, stopping at Randolph, Tenn., to find out about the kill tion be made at this time to refer this bill to the Committee of the in~ of a lieutenant a few days before. While ashore at Randolph I was taken Whole? pr~oner, but saved the boat by calling to the pilot to back her off. Later I was paroled and released. Returning to Cairo, I was informed by Captain The SPEAKER. The Chair thinks that such a motion is in Pennock to go home until he got an exchange of prisoners. · I afterwards order. learned that there had never been an exchange of naval prisoners; that I Mr. NEILL. This_bill has been carefully considered in Com could not go back to my company, as Captain Pennock claimed me, and that I wns a paroled prisoner." mittee of the Whole and reported to the House. Quincy McNeil, of Quincy, Ill, swears that he was in command of Island Mr. BLUE. I move that this bill be referred to the Committee No. 10 from May, 18G2, to October, 1862; that he is well acquainted with Will of the Whole House. iam M. Dalzell, of Davenport, and has so known him for about forty years; that said Willi.am M. Dalzell was a steamboat captain, and as such was in The SPEAKER. The Chair thinks this is in the nature of a command of the steamer Euge1te in the service of the United States in the motion to recommit, and would be in order after the bill has been war of the rebellion; that he frequently saw sai-d steamer with said Dalzell ordered to engross..ment and third reading. i:Q. command; that some time in October, 1862, said steamer landed ll.t !stand to No. 10, at which place affiant was then in command, and reporte 1897. J CONGRESSIONAL RECORD-HOUSE. 829 Mr. THOMAS. Mr. Speaker, I move the previous question on he is unable to find those by whom to furnish the required evidence; also, believing that drugs would not cure him, he sought no medical treatment. the bill to its passage. George W. Mears, examining surgeon, on May 1, 1863, rated said Brooks as The previous question was ordered, and under the operation three-fourths incapacitated for obtaining his subsistence by manual labor thereof the bill was ordered to be engrossed for a third reading; from aphonia and debility. L. D. Personett, 1\I. D., testifies February 21, 1863, that said Brooks had been and being engrossed, it was accordingly read the third time. under his treatment for bronchitis and a_phonia, the result of an attack of' The SPEAKER pro tempore. The question is on the passage of measles while in camp at Indianapolis in November, 1862. the bill. . W. P. Morrison, M . D.~ under date of August 20, 1881, testifies as follows: if "I have known the aoove George M. Brooks for the last thirteen years; Mr. WILSON of Ohio. I want to ask debate is not in order. that I am his family physician, and that the said George M . Brooks has Huf· The SPEAKER pro tempore. Debate is not in order, the pre fared from aphonia and ehronic liver disease; further, that he is a strictlr vious question having been ordered. · temperate man and of good habits; that I consider him incapacitated for a,o..: Mr. WILSON of Ohio. I want to know whether it will be in heavy manual labor or farru work1 and has been the entire time of my quaintance with him, by reason of ~he above disability." • order to offer an amendment to the bill. Following is the professiona.l statement of a. reputable physician concern· The SPEAKER pro tempore. It would not, the previous ques ing the present condition of the soldier's health: tion having been ordered. SALINA, KANs., February 18, 1896. Mr. WILSON of Ohio. I did not understand what stage the bill I have this day examined Geor~e M. Brooks, about 53 years of age, late a had reached. private in Company D of the Sixty-ninth Regiment Indiana Volunteers. Having been his faniily physician for the last two years, I am of the opinion The SPEAKER pro tempore. The bill has been read a third that his disability resulted from an attack of measles which led to a chronio time, and the question is now upon its passage, the previous ques bronchitis, with exacerbations and romi'3Sions and attended with consider tion having been ordered by the House. able bronchorrhea, always worse in the winter months. He also has a weak h eart. The question was taken, and the bill was passed. He is entirely unfit to perform manual labor, but does perform about one- GEORGE M. BROOKS. fourth that of an able-bodied man. W. S. HARVEY, M. D. The next unfinished business on the Private Calendar was the bill Personally apJ>Q_ared before me, clerk of the district court in and for Saline (S. 637) granting a pension to George M. Brooks. · Count:y, Kans., W. S. Harvey, personally known to me to be a practicing physician, and made the foregoing affidavit. The bill was read, as follows: Sworn to and subscribed before me this 20th day of February, A. D. 1896. Be it enacted etc., That the Secretary of the Interior be, and he is hereby, [SEAL.] AUG. SWEDENBURY, authorized and directed to place on the pension roll the name of George M. Clerk of the District Court of Saline County, Kans. Brooks, late private in D Company of the Sixty-ninth Regiment of Indiana STATE OF KANSAS, County of Saline, Infantry Volunteers, and pay to him a pension of $15 per month. ss: . I, .A. L. Brown, clerk of said county and State aforesaid, do hereby certify Mr. THOMAS. Mr. Speaker, I move the previous question on that W. B. Harvey is a practicing physician of twenty-five years' standing, as the bill to its passage. shown bf the records on file in my office. Mr. RICHARDSON. I hope the gentleman will not do that [sEAL. A. L. BROWN, County Clerk. until the report is read or we have some explanation of the bill. The soldier himself makes oath and testifies as follows: The SPEAKER pro tempore. Does the gentleman withdraw SALINA, KANS., February 19, 1896, George M. Brooks, late a private in Company D, Sixty-ninth Regiment Ind.!· the demand for the previous question? ana Volunteers, being duly sworn, says that he js the identical George M. Mr. RICHARDSON. I would like to have the report read, so Brooks above referred to; that he is now in the fifty-fourth year of his age. that we may know what we·are acting on. . He further says that he is disabled from doing J>hysicalla.bor, and that this di.'l&bility is the result of measles contracted in the fall of the year 1862 while Mr. THOMAS. The report has been read and discussed in the he was m the military service of the United States, so he verily believes; Committee of the Whole, but if the gentleman is not familiar that he has never been able to do regular.. physical labor since he was dis· with it I shall not insist on the demand. - charged from the service of the United States. Mr. RICHARDSON. I would like to have the report read. GEO. M. BROOKS. Sworn and subscribed to before me this 19th day of February, 1896. Mr. THOMAS. I withdraw the demand, so as to have there [SEAL.] .A .• L. BROWN, County Clerk. port read. All of which being conmdered, your committee recommend the passage ot The SPEAKER pro tempore. The report will be read in the the bill. . · time of the gentleman from Michigan. · Mr. THOMAS. I renew the motion for the previous question~ The report (by Mr. BAKER of Kansas) was read, as follows: : The previous question .was ordered, and under the operation The Committee on Invalid Pensions, to whom was referred the bill (8. 681) thereof the bill was ordered to a third reading; and it was accord· granting a pension to George M. Brooks, having carefully considered the same, adopt as their own the annexed Senate report (No. 851), and recom ingly read the third time, and passed. mend that the bill do pass. · JOHN J. BOATWRIGHT. [Senate Report No. 351, Fifty-fourth Congress, first session.] The next unfinished business on the Private Calendar was the The Committee ou Pensions, to whom wa~referred the bill (S. 637) granting a pension to George M. Broolrs, have examined the same, and report: bill (H. R .6233) granting an increase of pension to John J. Boat The record shows that said Brooks was enrolled on the 9th day of August, wright. 1&62, as a private in Company D, Sixty-ninth Regiment Indiana Volunteers. The bill was read at length. Said Brooks testifies that he contracted the measles while in camp at Indianapolis, Ind., about the middl~ of November, 1862, whicl! entll'ell Mr. THOMAS. Mr. Speaker, I move the previous question on , destroyed his voice and indue~ pain in his brea$t, from which he is still su - the bill to its passage. fering; and that duri.IJ.g the fall of 1862 and the following winter, while he was - The previous question was ordered, and under the operation in the service of the United States, he incurred a throat and lung trouble from which he has never been entirely clear since; that it has at times been thereof the amendment recommended by the Committee of the better and at other times worse, and sometimes very bad; that some 9f his Wh1,le was agreed to, and the bill as amended was ordered to be physiclans told him that he had bronchitis, others that it was a throat and lung engrossed for a third reading; and.being engrossed, it was accord trouble, and others asthma; that for years he has been troubled with dizzi ness and swimming in the head, glimmering in the eyes, shortness of the ingly read the third time, and passed. breath under moderate exerc1J;e or excitement, and has general disability. CHARLES W. SENTMAN. Surgeon Jameson testifies thl!-t said Brooks had some acute bronchitis fol fowing the measles; he also had the jaundice, which was contracted while in The next unfinished business on the Private Calendar was the the Onited States service and line of duty at Indianapolis on or about N ovem- ber 15 1862. - ' - · bill (H. R. 1311) granting an increase of pension to Charles W . In oortificate of disability for discharge the surgeon certifies t-o aphonia and Sentman. general debility, consequent upon measles contracted in oamp. The bill was read. The examining surgeon, on October 23, 1863, finds aphonia and qebility con sequent upon measles; that he is still unable to labor; disability at three Mr. THOMAS. Mr. Speaker, I move the previous question on fourths. the bill to its passage. P. H. Jameson, acting surgeon United States Army, states that when sol The previous question was ordered, an_d under the operation dier-was discharged "he was unfit for dutr by reason of acute bronchitis following measles: he had also jaundice, which was contracted while in the thereof the amendment recommended by the Committee of the service of the United States and the line of his duty at Indianapolis, Ind., on Whole was agreed to, and the bill as amended was ordere~ to be or about the 15th day of November, 1862." · · · · · engrossed for a third reading: and being engrossed, it was accord Said Brooks was honorably disch11.r ged on the 29th day of April, 1863, and on his certificate of discharge it is stated that he was discharged "by reason ingly read the third time, and passed. of general disability and aphonia, consequent upon meaeles contracted in CLARA L. NICHOLS, camp at Indianapolis." · The evidence shows that saiq Brooks made application for an invalid pen The next unfinished business on the Private Calendar was the sion in 1863, which was granted to him on pension certificate No. 18631. '.rhe pension certificate stated that said Brooks should have an annual examina bill (H. R. 6528) to increase the pension of Clara L. Nichols, widow tion in order to draw his yearly pension, but on account of his havin~ failed of the late Bvt. Maj. Gen. W. A. Nichols. to appear for his medical examination in 1854 h e was dropped from tne rolls The bill was read, as follows: as a pensioner, and has never received any pension since. On February 27,1891, said Brooks made application to the PellSion Office for Be it enact eel, etc.. That the p ansion of Clara L. Nichols, widow of the late "restoration to the p ension rolls on account of permanent disability from Bvt. Maj. Gen. W. A . Nichols, of the United States Army, be, and it is h ereby, bronchial troubles, weak eyee, piles, disease of liver, and general debility." incr eased from $30 per month to $100 p er month, and the Secretary of th~ But on account of his not being able to furnish all the evidence required of Interior is h l')reby authorized and directed to p lace the name of the said Clara. him by the Pension Office he haA failed to get r estored to the pension rolls. L . Nichols upon the pension roll at the rate of $100 per m onth, subject to the Said Brooks further testifies that he is unable to furW.sh evidence required provisions of exist ing pension laws. . showing physical condition from 1864 to 1868 for the following reason, to wit: Mr. DALZELL. Mr. Speaker, this bill as it was originally in Soon after being discharged he left home on account of his health, and pa!)sed troduced called for a pension of $100 per month. The Committee from under the care and cognizance of a -family physician, going froni place on Invalid Pensions reported the bill at $75 a month, and the Com to place and not remaining long in any one place1 and havin~ no permanen1; home until the winter of 1867-68, and the time havmg so long smce passed that mittee of the Whole, on consideration of the bill, amended it by • 'I 830 OONGRESSIONAL RECORD-HOUSE. ·JANUARY 15, inserting $50 a month. Now~ I trust that this amendment will not to the ~nen:ty as a "prisoner of war" "Yithout even the opportunity to .draw pass; and if I may judge the temper of the House by the action sword m ~sown defense or the serVIce of his Government, but even h ere taken within the last hour in the case of the widow of General Ge~eral Nich~ls rendered good an~ effiment aid by tb.warting thf' plans of Twiggs and his conf-ederates, as will be shown by the acC'.ompa.n ying pam· @-ibbon it will not pass; and measuring the sense of the House phlet; Texas and Its Late Military Occupation, by Captain Phillips, u. s. A. by its action in that case, it ought not to pass. Ther.e is no reason pages 13 and 16; Extracts from General Townsend's Anecdotes of the Ci;u in War, and the Records of the Rebellion. the world why this distinction should be made between the In J;his matter I was able to assist my husband by sewin g in my clothing val- widow of General Gibbon and the widow of this gallant officer of uable p~pers from the headquarters of General Twiggs, and more effect ually the Regular Army, for there was no more gallant officer in the by writmg in the smallest hand upon the silk paper taken from the books on Regular Army than General Nichols. He served a period re~h- · my_1Jarlor table orq.ers dictated and signed by General, then Major. N ichols, whwh I concealed m the center of new spools of cotton, r eplacing the little ing from 1838 to 1861). He was a soldier, a diStinguished soldier, round lab~l. These spools I l!lanagfld to convey successfully to Major French, of the Mexican war. His services in the Mexican war were many of the artill-ery, Colonel Watte, and ot hers, thus saving to the Government times recognized in a public way and by promotion, and upon the the valuable "~ig~t Battery." and preventing Colonel Waite's entire com· strength of his services alone his widow ought to have the amount .:.~ a~d:~~~n':.tercepted by the Texan Rangers and deppved of their that was named in the original bill. But, Mr. 'Speaker, outside of . Up?n that ground.• ~ say, if upon no other, this worthy widow that a l together ~ this bill makes the appeal to this House upon IS entitled ~o .recogn?.twn. She 1s now 66 years of age. Not until another and .a different ground. This widow, 60 years of age, has she found 1t Impossible to rely upon her own resources did she the right to come here and for her own services ask recognition at make any appeal to the Government for aid. Upon the death of the hands of the Government. d Mr. RICHARDSON. Will the gentleman .allow me to ask bim her husb.an in 1866, General Sheridan procured for her the posi- a question? tion of postmistress at Fort Leavenworth. Kans., and for twenty- Mr. DALZELL. Certainly. three years she has been supporting ·herself by her own labor. Mr. RICH...illDSON. What was the actual rank of General She is now old, needy, and helpless, and I greatly mistake the Nichols? He was a brevet major-general, I know, but what waa temper of this House if it shall turn out that she makes this appeal his actual rank? to it in vain. I hope the amendment will not prevaiL "'" DALZELL I ·ll d th tl hi .:~. it · 1\Ir. DOCKERY. I wish to ask the ~entleman whether it is not - .1ur. ; Wl rea e gen eman s recoru.; IB true that the greater part of the sernces of General Nichols in very brief: - the late war were rendered in the Adjutant-General's Office? ·Cadet at the United States 'Military Aeademy, July 1, 1834, to July 1, 1838, · Mr. DALZELL. I have already stated that he wa-s taken pris whenhe wasgraduatedandpromoted; brevetsecondheutenantSecondArtil- oner at the beo!rinning of the wa•·. <>n.d W"·o thereby CI'I'pp1ed ~ln the lery, July 1,1~ ; second lieutenant. .July7: l838j first lieutenant, June 1,184:4:; ... ua.o; """" regiment a.l adjutant, August 18, 1846, t o Decemoer 8 1847, and September 1, service that he could otherwise have rendered. 1841), to Septem~ r 2, 105:2: b1·evet captain, assistant adjutant-general, July 29, Mr. T H 0 MAS. Now, Mr. Speaker, I move the previous ques- 1852: brevet ma.j or, a ssistant adjutantrgeneral, Mar<:h 1i l8b"Ii lieutenant-col- tiou on the bill and amendment to jts pa"sage. onel, a.ssistant adjutant-general, August 3, 1861; colone, assiStant adjutant- "" general, June I, 1864. The previous question was ordered. Brevetted captain September 23, 1846, for gallant conduct in the several The question being taken on the amendment reducing the con1iictsat Monterey, .Mexico; major, September 8• 1847• for gallant and meri- amount to $.50 per month, the Speaker pro temp0re declared that torious .conduct in the battle o! Molino del Ray, :Mexico; brigadier-general.J September 2t, l!!M, and major-general, Mareh 13, 1865, ror meritorious ana the ayes seemed to have it. taithful services during the war. Mr. DALZELL. 1 ask for a division. Mr. RICHARDSON. But the gentleman does not state what The House divided; and there were-ayes 43, noes 60. General Nichols's actual rank was at the end. So the amendment was rejected. The committee amendment striking out "one ·hundred }J before Mr. DALZELL. I uB.d.erstand that his actual rank was major the word " dollars " and inserting '· seventy-five~· was then adopted. general. The bill as amended was ordered to be engrossed and read a Mr. RICHARDSON. Brevet major-geneTal, was it not? tbird time. 1\ir. DALZELL. I read at the end of this record the words: Mr. CROWTHER called for the reading of a copy of the en And major-general, 1\farch 13, 1865, for meritorious and faithful servicesdur- grossed bill, but withdrew the demand. lng the war. The bill was accordingly read the third time, and passed. :Mr. RICHARDSON. I understand the report to ·say that he On motion of Mr. DALZELL, a motion to reconsider the vote was a. brevet major-general. . by which the bill was passed was laid on the table. Mr. DALZE~L. Well, I am unable to further mform the ,gen- . LEROY M. BETHEA. · tleman what hiS real rank wa.'3. • . · . Mr. STEELE. The readinO' of the report shows that he was a. . The next unfin1sh~d busmess on t~e Private Calendar was the major. · 0 bill (H.·.R. 7317) to mcrease the pensiOn of Leroy M. Bethea. Mr. DALZELL. I am informed that he was actually a briga- 'fr_he th · t· th b·n to •ts dier-general. . r. ~Wo'M:Aa~. move e prev1ous que.s J.on on . e 1 1 Mr. BLUE. Mr. Speaker, has thereportin this case been.:read? passage. . . . The SPEAKER pro tempore. It has not. The prevw:u;s question was ordered, and ·under the ~pera:tion Mr. BLUE. The repo.rt will disclose what was the a,ctual.rank ther~f the bill ~s .ordered to bee~gro~sed and r ead a thn·d time; of this soldier, and I ask to have it read. .and J.t w.as accordingly read the third time, and passed. Mr. DALZELL. Oh, it is nDt worth while ·to take up time JOHN .r. COPLEY. reading the report. The next unfinished business on the Private Calendar w.as ihe Mr. BLUE. It is -very short, I believe. . . bill (H. R. 1474) granting a pension to .John J. Copley. Mr. THOMAS. It is two dosely print.ed pages. The ibill w.as read. 1\1~. BLUE. Well, my recollection is that the report does not 'The am~ndment reported from the Committee of the Whole say that he was a major-general or that he ever claimed to be a House, to strike :an.t, in lin~ 9, the word "twelve" a.nd insert major-general. The highest rank he reached, ae.cording to my "eight,'' ·SO as to make the rate of pension $8 per mon.th, was read. recollection, was major-general by brevet. . l\ir. THO.MAS. I move the previous question on the amend- Mr. THOMAS. But he was an actual brigadier-general. ment and on the bill to 'its final passage. Mr. BLUE. I am not ce1·tain about that. The previous question was ordered. Mr. THOMAS. That is my recollection, and the presumption · The .amendment was agreed to. is that he would not be brevetted a major-generaJ .unless he was The bill as .amended was ordered to be engrossed and read a previously a brigadier. third time; and it was accordingly read the third time., and passed. Mr. BLUE, Uh, he ID;ightbe. . . . SA A.B E . COl'!U .. Y. . Mr. DALZELL. He 1s Mr. 'THOMAS. I move the previous question. BERNHARD STUEBER. Mr. DOCKERY. Mr. Speaker, I desire to .ask if .an :amend- The next unfinished business on the Private CalendaT was the ment is recommended by the .committee to that bill? bill (H. R. 537) to remove the charge of desertion from the mili- The 'SPEAKER pro tempore. There seems to be no amend- tary Tecord of Bernhard Stueber. · ment. . 'l'he bill was read. Mr. DOCKERY. If I caught the .reading of the bill aright, t'b The amendment was read, as follows: is an entire departnre from the custom heretofore ;prev.ailing i? Strike out the two para..,ooraphs b eginning with the word "Whereas." respect to bills for the removal of charges of desertioJ?-, m that it .Mr. THOMAS. I call for the previous question on the amend- gives to this soldier back pay and allowances to which he may ment and on the bill to its passage. have been entitled. - Mr. WILSON of Ohio. I hope the gentleman will allow me Mr. THOMAS. I do not unde1·stand that to be the effect of the one moment. . b.ilL It was prepared by the Committee on Military Affairs, and Mr. THOMAS: I withdraw the call for the previous questiOn as 1 understand the bill, it excepts the payment of all allowances temporarily. . to 'him during the time he was absent. Mr. WILSON of Ohlo~ I desir~ to submit a parliamentary Mr. DOCKERY. I will read the bill. The 'bill reads: inquiry· . will And that said Johnson shall be entitled to receive from the accounting offi· The SPEAKER pro tempore(¥!'. PAYNE). The gentleman cers of the Treasnry all pay and allowances which may have been due him state it. on said date of discharge, excluding therefrom the time of Jris absence with- Mr. WILSON of Ohio. ·Mr. Speaker, I secured the passage outleave. through this House of a bill relieving a man fro:r;n the- Mr. TRACEY. He was not. The· testimony shows conclu- The amendments recommended by the Committee of the Whole sively that he was not a deserter. . were agreed to. -Mr. LOUD. What is the definition of a ''deserter"? The bill as amended was ordered to be engrossed and read a third Mr. TRACEY. The gentleman will find it very carefully and time; and it was accordingly read the third time, and passed. accm·ately stated in a note appended to the Supplement to the HESTER A. BOSTWICK. nevised Statutes of the United States, in which it is stated that desertion must be determined by the intent of the soldier at the The next unfinished business on the Private Calendar was tha time he left the command. bill (H. R. 4941) to pension Hester A. Bostwick. Mr. LOUD. Can you now determine what was the intent of The bill was read. the soldier, what was in his mind, at this distance of time? .Mr. THOMAS. I move the previous question. Mr. TRACEY. I determine the intent, as the court always de The previous question was ordered. termines the intent, by the actions of the party, by his conduct. The amendment recommended by the Committee of the WholEJ> That is the way a court determines what the intent of a man is. I was agreed to. took the actions of this man, and the committee, in its investiga The bill as amended was ordered to be engrossed and read a third tions, took the actions of this soldier, into consideration for the time; and it was accordingly read the third time, and passed. purpose of determining what his intent was; and his actions show JOSIAH P. HILL. from the beginning to the end that there was no intent whatever The next unfinished business-on the Private Calendar was the bill to desert his command, but that, on the contrary, he went home (H. R. 1168) to increase the pension of Josiah P. Hill, late Com-. because his wife was reported to him to be sick without hope of pany F, Eighty-first Regiment of lllinois Volunteers, in the war recovery. of the rebellion. Mr. LOUD. How many of these wives were s1ck? I think this The bill was read. is about the ten-thousandth one that I have heard of. Mr. THOMAS. I move the previous question on the bill and · Mr. TRACEY. That may be true; but !know something about .amendments to its passage. . this from personal experience, and perhaps the gentleman does. The previous question was ordered, and under the operatio~ Mr. LOUD. Does the gentleman think that the soldier's long thereof the amendments recommended by the Committee of the and meritorious services entitle him to this consideration? Whole were agreed to, and the bill as amended was ordered to be Mr. TRACEY. No; he did not have long and meritorious engrossed for a third reading; and being engrossed, it was ac.. service. cordingly read the third time, and passed. Mr. LOUD. He went in after the war was over-did not enlist SUSAN E. CUNNINGHAM. until the latter part of February, 1865. Mr. TRACEY. No; he went in during the latter portion of the The next unfinished busine!son the Private Calendar was the bill war, and he was not an old man, either. Hewas a young man at (S. 8182) granting~ pension to Susan E. Cunningham. _the time, and while it is true that his enlistment was during the The bill was read. last months of the war, yet his services while he remained with Mr. THOMAS. I demand the previous question on the bill to the Army were those of a faithful soldier, and the proof b'efore the its passage. . committee warranted the committee in saying that he returned to The previous question was ordered, and under the operation his home with the full intention of coming back_to his command thereof the bill was ordered to a third reading; and it was accord• as soon as his wife recovered so that he could coll_le; and as soon ingly read the third time; and passed. as his wife was out of danger he did start back to join his com- _ GEORGE L. BENNER. mand, and on the way back to join the regiment was informed by The u'~xt unfinished business on the Private Calendar was the bill ~ comrades of -his own regiment returning home that the regiment (H. R. 6841) granting a pension to George L. Benner. had been mustered out of the service. ' Now, it seems to me that · The bill was_re!!L.!l, as follows: with these facts before the committee there ouglit tO be no ques Be it enactedJ etc., That the Secretary of the Interior be, and he is hereby_, tion about the right of .this soldier to an honorable discharge from authorized ana directed to place upon the pension roll the name of George- . L, Benner and grant him a pension because of a fracture of right thigh, re the Army, and with the honorable discharge from the Army the ceived during the civil "'ar \v)lile said :Senner was an employee of the Qua.r. right to receive whatever pay and allowances may have been due termaeter's Departme:!}t; said peJlsion to be rated according to the degree ot him at that time. disability existmg as the result' of said injury. Mr. LOUD. I think the gentleman should accept the very lib Mr. THOMAS. Mr. Speaker, I move the previous question on eral amendment of his colleague from Missouri [Mr. DocKERY]. the bill to its passage. . Mr. DOCKERY. Mr. Speaker, I hope my friend will not insist Mr. LOUD. Mr. Speaker, I think the gentlema1;1 had better on retaining -this proviso in the bill. · have the rep9rt read. Mr. TRACEY. I have-no parti~ular_ objection, Mr. -Speaker, Mr. THOMAS. Mr. Speaker, I will withdraw the demand for to letting the amendment go; but, at the same time, it is an act that purpose. _ · of injustice. I shall not make· 'any-further opposition to the Mr. LOUD. Mr. Speaker, I want the report read, as this is a amendment. · · · - radical departure from the law and established custom. The SPEAKER pro tempore. Does the gentleman from Mis The SPEAKER. The Clerk will read the report as a part of . souri fMr. TRACEYl propose an amendment? · · the remarks of the gentleman from California. Mr. "TRACEY. 1 propose an amendment to the amendment. The report (by Mr. MILES) was read, as follows: Mr. LOUD. I think you ha'd better withdraw that. The Committee on Invalid Pensions, to whom was referred the bill (H. B. . Mr. TRACEY•. I desire to say, Speaker, that if there seems 68U) entitled "A bill granting a. pension to George L. Benner," beg leave tQ Mr; submit the following report, and recommend that said bill do pass without • to be any real desrre on the part of the House to a~ the amend amendment: ment of the gentleman from Missouri [Mr: DocKERYl to the bill This is a bill enacting that the Secretary of the Interior be authorized and I shall not make any further objection, although it wHl be an act directed to place upon the pension roll the name of George L. Benner and grant him a. pension because of a fracture of the right thigh, received duri.ng ofinjustice. . the civil war while Ba.id Benner was an employee of the Quartermaster's De Mr. DOCKERY. · I only want to say, Mr. Speaker, that I re partment, to b_e rated according to the degree of disability existing as the member that all the bills that have passed the-. House in recent result of said injury. George L. Benner was a. teamster during the war of the rebellion, employed years have carried a provision that no pay, emoluments, or bounty by the United States under Captain Dana, United States Army, _an a.ssistal,lt shall become due by reason of the passage of the act. That pro quartermaster; also under a wagon master named Lyles, and was accidentally vision does not appear in this bill, but, on the contrary, you allow injured, while performing his duties; by· being caught ·between the front wheel of an army wagon and a tree, about November 7,1861, incurring a frac him pay, emoluments, and bounty. ture of the right thigh. Mr. TRACEY. If I may_ be permitted, I will withdraw my Dr. N. S. Lincoln, surgeon of quartermaster's hospital, testified February amendment to the amendment. · 28, 1896, that George L. Benner was admit-ted to the quartermaster's hospital. under his (Dr. Lincoln's) charge, on the 7th of November, 1861, on account ot The SPEAKER pro tempore. The gentleman withdraws his a bad fracture of the th1gh; that he suffered severely many weeks, and has amendment. The question is on the amendment offered by the never completely recovered from the effects of the injurr. gentleman from Missouri f.Mr. DOCKERY]. Dr. James T. Young, medical assistant, quartermasters hospital, testifies The amendment of Mr. DocKERY was agreed to. (February 29, 1896) that George L. Benner was admitted to the quartermas· ter's hospital November 7,1861, with a fracture of the thigh~, and that he was The bill was ordere!i to be engrossed and read a third time; ancl discharged therefrom in March, 1862. He has neTer recoverea from the effeQtli it was accordingly read the third time, and passed. of the injury. The fracture was treated by Dr. N. S. Lincoln with Dr. Young'S assistance. - IRA POWERS. Your committee believe the bill is meritorious, and precedents having be ell set by previous action of Congress in pensioning the employees in Quarter• The next unfinished business on the Private Calendar was the master's Department for injuries received in line of duty, earnestly recom· bill (H. R. 5061) to pension Ira Powers, of Henderson County, mend the passage of the bill without amendment. Tenn. . Mr. LOUD. Mr. Speaker, I can not understand why this gen The bill was read. tleman is any more entitled, either by law or equity, to a pension, . Mr. THOMAS. I move the previous question on the, bill and than any man who was injured in the performance of any service amendments to the passage of the bill. · to an individual, a corporation, or to the Government. This geq The previous question was ordered. . . tle~an voluntarily sought employment in ~he ~uartermaster'• 1897. CONGRESSIONAL RECORD-HOUSE. 833 Department-it is true while there was a war pending, but he was raise this above the general run of cases, and to make it exceptional, inas-j much as the only way in whieh the Congress can provide for , this invalid in a very safe position, as everybody knows, out of range of any son o~ a brave soldier who died at the post of duty is by increasing th~ pen:.. possibility of being killed, without some accident should happen sion of the widow who cares for him. towhichhemight himself contribute. I have known of teamsters Your committee therefore rcommend the passage of the bilL that used to get too much 1iquor and fall off their teams. I want The amendment recommended by the committee was read, a& to suggest, in perfect fairness to the gentleman from Michigan, follows: that he ought to witlidraw this bill to-night. Strike out" fifty" and insert ~ · twenty-five." Mr. THOMAS. ·Mr. Speaker, the gentleman from Maryland Mr: -THOMAS. Mr. Speaker, I move the previous question. f"Mr. MILES], who made the report, being present, I could not do Mr. RICHARDSON. Before the gentleman moves the previou~ that without his consent. question, I want to ask him if there is not an amendment proposed, Mr. MILES. It is not my bill, but I did make the report. there which reduces the pension from $50 to $25? I understood Mr. THOMAS. The gentleman from Maryland fMr. CoFFINl the Clerk to read such an amendment. She is getting $25. introduced this bill, and if he is present I would like him to defena Mr. THOMAS. I understand she receives only $20 a month, the bill. on the rank of captain. 1\fr. MILES. I did not introduce the bill, but I did make the Mr. RICHARDSON. The report stated that she was getting report. $25 a month. Mr. LOUD. I hope the gentleman will assume the responsi Mr. TRACEY. She is only getting $20. bility in this case that he has in previous cases and withdraw the Mr. RICHARDSON. As I understood the Clerk, he read it $25, bill. and I could not understand why the amendment should propose Mr. THOMAS. I am willing that it shm:ud go over, I,"emaining $25 when she was drawing $25 a month. I think you had better on the Calendar. look to see if I am not correct. Mr. LOUD. . Of course, if it is withdrawn it would occupy the Mr. THOMAS. The gentleman from New York [.Mr. PooLE] same pm;ition it does now. I think we ought to have a little fuller made the report. He can make a statement. House t o pass this bill. Mr. POOLE. Mr. Speaker,in this case the widow is now draw The SPEAKER. Without objection, the bill will be considered ing $20 per month. That matter was fully looked into by the as remaining on, the Calendar without prejudice. committee. I made the report, and the committee unanimously There was no objection, and it was so ordered. reported the bill at $25, which is an increase of 85 per month. ANNIE- E. NOLAN. Mr. RICHARDSON. ! was not opposing it, but I was under The next unfinished business on the Private Calendar was the the impression that the report stated that she was now getting $25. bill (S. 2129) granting an increase of pension to Annie E. Nolan. Mr. THOMAS. I think that is an eiTor if it is so stated. The bill was read, as follows: The previous question was ordered, and under the operation Be it enacted, et c., That the Secretary of tp.e Interior 1>e, and he is he!~ by, thereof the amendment was agreed to, and the ~I as amended authorized and directed to place on the penBlon roll, subJect to the proVlSions. was ordered to a third reading; and it was accorClingly read the and limitations of the pension laws, the name of. Annie E. Nolan, widow of third time, and passed. Nicholas Nolan, late major Third United States Cavalry, at the rate of $50 per month, in lieu of the pension she is now receiving. Mr. THOMAS. Mr. Speaker, J.move to reconsider the votes by Mr. THOMAS. Speaker, I ask that the report be read in which the-several bills have been passed under the special rule, Mr. and I also move that that motion be laid on the table. this case. The latter motion was agreed to. The report (by Mr. PooLE) was 1·ead, as follows: BILLS The Committee on Invalid Pensions, to whom was referred the bill (8 . 2129) ENROLLED SIGNED. grantin~an increase of pension to Annie E. Nolan, adopt the following Senate Mr. HAGER, from the Committee on Enrolled Bills, reported 1 that they had examined and found truly enrolled bills of the fo].; re,:p~ ~e( cgr"n.~tke on Pensions, to whom was referred the bill (8. 2129) grant ing an increase of pension to Annie E. Nolan, have e.x:amined the same, an and so ruled· but after reflecting upon the results of that ruling LENA D. SMITH. he came t.o a different conclusion, which he announced in a decision Mr. EVANS. Mr. Chairman, before the committee proceeds which will be found in the RECORD. The present occupant of the with the regular order I desire to make a request-! might say an 9hair in the Fifty-first Congr~ss had original~y the same ~dea that appeal-upon the facts which, with the permission of the commit Mr. Carlisle had fu·st entertamed, and was diSposed to giv~ prog tee, I will state. ress to such bills; but not having time to examme the questi_on, he Gen. Green Clay Smith was a soldier of tlte Mexican war. H8 accompanied his decision with a statemen~ that. it ':"'as subJect to enlisted also in the war of the rebellion, and reached the rank of a further consideration. Upon further consideration It seemed very brigadier-general. He was twice a member of this House. After apparent that any other course than referring the bill to the House the close of the war he entered the ministry of the Baptist Church, committee having charge of the matter would ha~e the E~ffect to and continued in it in my city and State for a number of years. give a preference to the Senate's request over the nghts of mem Finally he came to this city, where, a year or two ago, he died, leav bers of the House, which could not be tolerated. Under our rule ing a widow without means. Her son, I believe, her only son. Honse bills with Senate amendments are to be considered without has died since this House reconvened in December. At the last reference when the Senate amendments, if_they had originated in session of this Congress both Houses passed a bill giving her a the House would not have to be considered in Committee of the :pension. It so happened that the bill reached the President dur Whole orl the state of the Union; but when they would have been mg the last days of the session and failed to receive his considera subject to such consideration, then it is the duty _of the Ch~ir to tion. Since we reassembled tbe Senate has again passed the bill; refer the bill with the amendments to the appropriate committee. and under these circumstances it seems to me that in making the That is the rule of the House. present request, I am only asking that the bill be restored to the Now, this bill coiD:es before us with amendment~ made b;r ~he place of advantage it had before the adjourmnent deprived the Senatewhich change1ts natureto such an extent as, m theopm10n President of the opportunity to consider the bill after it had passed of the Chair, to bring the bill within the operation of ~he rule of both Houses of Congress. Under these circumstances, I ask the the House which requires that Senat;eamendmentsmaking appro unanimous consent of the committee for the consideration of the priations which have not been considered by the House shall be bill at this time. referred to the Committee of the Whole House on the state of the Mr. MILNES. What is the amount of pension proposed? Union. That being the case, this bill would be referred to the Mr. EVANS. Fifty dollars a month. The husband of the lady ~ommittee unless there is something in the request of the Senate whom it is proposed to pension was a brigadier-general; and I for a conference to dispense with the rMerence. But the request believe that IS about the figure at which such widows are usually 'of the Senate for a conference, or the request of either Honse for pensioned by Congress. a conference, in order to be binding upon the other House, .in The CHAIRMAN. Is the bill on the Calendar? courtesy should indicate, or should come after, an absolute dis Mr. EVANS. Yes. agreeme~t between the two Houses. Then is the time when Mr. BLUE. Has there been a report in this case? either House ~n obtain a conference, but either can ask for it Mr. EVANS. Yes; the bill is on the Calendar. It has been before. I suppose that the House might pass a bill and ask for a passed by the Senate and considered by the committee of the conference upon it without the bill having gone to the Senate at House. all and so the Senate might pass a bill and ask a conference upon Mr. BLUE. Do I understand the gentleman from Kentucky to it .;nthout the House having received the bill; and if, in that event, say that this man was a brigadier-general? · the measure was not subject to the rule of the House, then the Mr. EVANS. He was; and he was also twice a member of this Senate would have a method by which they could be more preva Honse, if that adds any weight to the case. lent in the House than the members of the House themselves, and Mr. CROWTHE.R. Reserving the right to object, I ask that dispense with a rule of the House, and that conclusion is, of the bill be read. course one that would not be proper or suitable and could not be The bill (S. 3381) granting a pension to Lena D. Smith, was read, ·- tolerated. The Senate may ask for a conference, but when the as follows: bill reaches the stage of disagreement, then that request takes Be it enacte.d-l etc., That the Secretary of the Interior be, and he is hereb_y, effect upon the House, and the House will accede to the conference authorized ana directed to place upon the pension roll the name of Lena. D. in pursuance of that courtesy which exists between the two Smith, widow of Green Clay Smith, late colonel Fourth Kentucky Cavalry and brigadier-general United States Volunteers, and to pay to her a pension houses of a legislative b!:>dy. . . of $50 per month from and after the date of the passage of this act. Before it reaches the stage of diSagreement the House has Its Mr. MILNES. Let us hear the report. own methods of examining questions and should not abandon The report (by Mr. ANDERSON) was read_, as foJlows: them. and by its Ru1e No. XX has indicated its wish not_to abandon The Committee on Invalid Pensions, to whom was referred the bill (S. 3381) them: Whatever under Rule XX goes to the Committee of the granting a pension to Lena D. Smith, having fully considered the facts and Whole must be referred to the committee having charge of the circumstances presented, submit the following: Senate bill 1342, granting a pension of $50 per month to this beneficiary, subject-matter. . · . . passed the Senate February 19, 1896--!Vas favorably reported from this com The Chair has thought It worth while to state this VIew, mittee at $50 per month March 17, ll:ll:IO, and passed the House with an amend although he has acted upon it at least once before wi~hout mak ment fixing the rate of pension at $30 per month on May 29, 1896. The House ing any statement. amendment was agreed to in the Senate and the bill passed June 2,1896, granting her a. pension at $30 per month. The President failed to approve ' Mr. LACEY. Mr. Speaker, I made this inquiry because there is the bill, and ten days not having elapsed between the date when he 1•eceived no record of any such decision, although I knew that such seemed same and the adjournment of Congress, June 11, 1896, the bill failed to to be the view of the Chair. become a law. . In view of these facts the present bill was introduced and pa.qged m the Mr. PAYNE. I now renew my motion. Senate December 14, 1896, on a verbal report of same by Senator VILAS from The SPEAKER. The gentleman from New York [Mr. PAYNE] the Committee on Pensions. ' asks that the House now take its recess until 8 o'clock this even Your committee attach hereto their former report on Senate billl842, and ing. The Chair hears no objection. The Honse is accordingly in in consonance therewith recommend the passage of this bill. ;recess until8 o'clock, at which time the gentleman from New York, [House Report No. 843, Fifty-fourth Congress, first session.] Mr. PAYNE, will please take the chair as Speaker pro tempore. The Committ~e on Invalid Pensions, having carefully considered the bill (S. 1342) to pension Lena D. Smith, re~ort a~ follows: . . Green Clay Smith, the husband of this clarmant, was mustered mto serVlce June 9, 1846, as second lieutenant Company H, First Kentucky Cavalry, Mex EVENING SESSION. ican War Volunteers, to serve for twelve months, and was mustered out June 8 18!7. He was mustered in as colonel Fourth Kentucky Cavalry April4,1862; The recess having expired, the House at 8 o'clock p. m. resumed ~as seriously wounded in the leg in action a't .Lebanon, Tenn., May 5, 1862. He was promoted to the rank of brigadier-general of volunteers June 12, its session, Mr. PAYNE in the chair as Speaker pro tempore. 1862. In September, 1862, he wa-s commanding the Sec~nd Diyision: United States forces near Covington a~d N e~ort~ Ky. He contmued _m actr~e .s~rv ORDER OF BUSINESS. ice commanding a part of the time a br1gaae and some of the tune a diVISIOn~ until December 1, 1863, when his resignation was accepte_d. He has a recora The SPEAKER pro tempore. The Clerk will report clause 2 of of treatment for chronic diarrhea of two months' standmg in 1863 ..He ;was Rule XXVI. brevetted major-general of volunteers to date March 13,1865, for mer1tor1ous The Clerk read as follows: services during the war. . As is well known, General Smith died in thi"' city a short_tun~ ago, a?d the The House shall on each Friday at 5 o'clock p. m., tak~ a recess until 8 evidence presented to this committee shows that he left his Widow Without o'clock at which e'vening session private pension bills, bills for the removal means of support. of political disabilities, and bills removing charges of desertion only shall be In view of his well-known services he having rend~red gallant and I?eri considered, said evening session not to extend beyond 10 o'clock and 30 torious services in two warshand of the need of the w1dow, your committee ininutes. recommend the pas age of t e bill. Mr. THOMAS. I move that the House resolve itself into Com The CHAIRMAN. Is there objection to the present considera mittee of the Whole on the Private Calendar under the special tion of this bill? rule. There was no objection. The motion was agreed to. The CHAIRMAN. The question is now on laying t1ie bill aside The House accordingly resolved itself into Oommittee of the to be reported favorably to the House. Whole on the Private Calendar, Mr. CHARLES W. STONE in the Mr. MILNES. Does this bill provide for a pension of $50 a phair. month? '' .. 1897. CONGRESSIONAL RECORD-HOUSE. 835 Mr. EVANS. Yes, sir. The report (by Mr. KIRKPATRICK) was read, as follows: Mr. MILNES. Did it not pass before at $30 a month? The Committee on Invalid Pensions, to whom was referred the bill (H. R. Mr. EVANS. I will say to the gentleman that that was an 5981) granting a pension to Elihu Jones, late captain Company G, Eighth llli· nois Infantry Volunteers, having fully examined and considered the facts accident- presented, respectfully report: Mr. MILNES. Well, Mr. Chairman, I move to amend the bill Elihu Jones served as a member of Battery G, Fourth Regiment United so as to make the pension $30 a month. States Artillery, from December, 1853, until March, 1860, when he was dis Mr. EVANS. I hope that amendment will. be voted down. charged under general orders. He spent some months in recruiting, and entered the volunteer service in April, 1861, as a member of Company G, ; The uniform rnle, I believe, has been to give at least $50 a montp. Eighth lllinoh Volunteers, becoming captain of the company in February, to the widow of a brigadier-general, and I am ve~y sure there IS 1863, and serving in that capacity until October 7, ISM. He was wounded m no reason in this case why the House should act differently. To the right arm by a shell, and is now drawing a pension of $10 per month for that disability. His application for additional pension on account of disease day we gave two widows of this class more than that amount. of the eyes was rejected by the Pension Office because he failed to prove Mr. CLARDY. Mr. Chairman, if the gentleman from Michigan treatment therefor in the service, on the ground that said disease existed [Mr. MILNES] had known ?-reen Clay Smith as I knew h,~. he prior to enlistment. There is no question raised as to the claimant's having lost the sight of one eye years ago, and having almost entirely lost the use of would not make this objection.. To-day we passed a l;lill:, g1vmg a the other. 'l'here is an abundance of testimony showing that he was a brave pension of $100 a month to the Widow of an officer of s1m1lar rank. and faithful soldier, and a sober and temperate man, who took unusual care of Here is a case in which we ask for the widow of a brigadier-general his health. ' His title to an increase of pension turns upon the point whether disease of a pension of only $50 a month. It does seem to me the most re~ eyes existed prior to enlistment. The Pens10n Office held that it did, basing sonable thing in the world that the House should accede to this this action upon a special investigation, which the examiner says was hur proposition. riedly made. An examination of the evidence on this point satisfies your committee that this action was erroneous, and that the disease of eyes origi The CHAIRMAN. The question ia on the amendment of the nated in the service as claimed. This belief is corroborated by the fact that gentleman from Michigan. olaima.nt was able to perform efficient service for more thn.n three years, Mr. CURTIS of New York. Mr. Chairman, I really believe and was not troubled seriously with his eyes until near the clos~ of his serv ice, as well as by'the further fact that claimant served over seven years in that if my friend from Michigan couldrecall the services of Green the Regular Army prior to enlisting in the volunteer service, and was a sound Clay Smith, who was a Kentuckian in that part of the State. that man during that period. contributed so many men to the Southern cause, and who d1d so Your committee believe Captai.n_Jones equitably entitled to a higher pen much to retain the State in the Union so far as the official action sion on account of his disability from his wound and his blindness, aud we respectfully recommend the pasSa.ge of the bill, after being amended by strik of the State was concerned-although many men went each way fng out the word "of," in line 4; by striking out "Potwin, Butler County, my friend would hardly wish to reduce this pension to the widow Kans.," in line 5; and by striking out all after the word "month," in line 7; of a man who was so gallant a soldier and who did so much for the and by striking out all after the word "Jones," in the title of the bill. Union. He rendered valuable services in the Congress of the The amendments recommenaed by the committee were agreed United States aside from his services in the .Army. Mr. Chair to, and the bill as amended was laid aside to be reported to the man as to the widow of that officer-his services being of a char House with a favorable recommendation. · acta;. that rendered the name of Green Clay Smith illustrious-! AMBROSE D. MANION. would hardly think any man on this floor, even my friend from · Mr. MILES. Mr. Chairman, I ask for the regular order. Michigan, would interpose an objection, al~hough he is desirous of The CHAIRMAN. The regular order is demanded. equalizing tp.e ~ensions of officers and solc"!iers. . . Mr. LEWIS. Mr. Chairman, I ask the indulgence of the Honse This pensiOn 1s a small one, very small m comparison With the for a moment. My term in this body is drawing to a close, and I · services rendered by General Smith, and it ought to be granted. have never yet asked the consideration of the House for a bill. I Mr. MILNES. Mr. Chairman, I deny that I am opposed to rise now to ask unanimous consent for the present consideration granting anything more to the widow of a general than to a pri of a soldier's case, who is old and bedridden, helpless; lying, per vate. I believe there is a distinction, but the trouble is that we haps, upon his death bed; an old man who has two gunshot undertake to make it too great in this House. There are thou wonnds, is too feeble to help himself, who is partly paralyzed, and sands and tens of thousands of the widows of soldiers in this is afflicted with a disease which requires the attention of a nurse country who are just as dependent, and more dependent, perhaps, all the time. He is perfectly helpless, in other words; and unless than the widow of this officer, widows of as gallant soldiers as he gets justice now and promptly he will never get it in this world. ever carried a musket in any army on earth, and who are unable I hope gentlemen will allow me the privilege of asking the con to get a pension of over $8 a month. I think it wrong to grant a sideration of that bill at thi.s time. pension that makes such a discrimination as this, and I hope, I ask unanimous consent for the present consideration of the therefore, the amendment will prevail. bill (H. R. 6215) to increase the pension of Ambrose Manion. The CHAIRMAN. The question is on the amendment. _ Mr. MILES. Mr. Chairman, I have asked for the regular order. The question was taken; and the amendment was rejected. -Mr. LEWIS. I hope the gentleman will not insist upon that. The bill was laid aside to be reported to the House with a I am satisfied if he understood the facts of this case he would not favorable recommendation. do so. • ELlliU JONES. As I stated, this old man is bedridden, paralyzed, with two Mr. BLUE. Mr. Chairman, this morning, under a request for gunshot wounds, and suffers from a disease which requires the unanimous consent, my friend from Pennsylvania interposed an attention of a nurse all the time. I hope the gentleman will allow objection to the con ideration of a bill for a blind soldier because t he bill to be considered at this time. it had not gone through the Committee of the Whole. This is an The CHAIRMAN. The bill will be read, subject to the right instance of a soldier who has become, as I understand it, entirely of objection. - blind. He served through a large portion of the war, served seven The bill was read, as follows: . years in the Regular Army, and performed gallant and proficient Be it enacted,_ etc., That the Secretary of the Interior be, and he is herebyl _ services. This is an exceptional case. He is in "Very feeble health authorized ana directed to increase the pension of Ambrose D. Manion, or Munfordville, Ky., late of CompanyK, Fifth Kentucky Infantry, from ~per and poor circumstances; and I ask unanimous consent for the month to S50 per month, and to issue him a certificate grantingand increas· present consideration of the bill (H. R. 5981) granting a pension ing his pension to said amount, in lieu of pension certificate No.l0246 now to Elihu Jones, of Potwin, Butler County, Kans. held by said pensioner. Mr. MILES. Did the gentleman say that he served in the late The Committee on Invalid Pensions recommend the adoption war? of the following amendment: Mr. BLUE. Yes, sir. In line 5 strike out the words "of Munfordville, Ky.," and in line 7, after Mr. MILES. How long a time? the word "month," strike out the remainder of the bilL Mr. BLUE. Well, I am not positive as to the exact time, but I There being no objection, the bill was considered, and the amend-· think he probably served three years. He was seven years in the ments recommended by the committee were ag1·eed to; and the Regular Army. bill as amended was laid aside to be reported to the House with Mr. RINAKER. Was he a general? the recommendation that it do pass. Mr. BLUE. No, sir; he was not. He was a cai?tain .. Mr. DOCKERY. Mr. Chairman, I have a bill- The CHAIRMAN. The Clerk will report the bill, after which Mr. THOMAS. Let us have the regular order. the Chair will ask if there be objection to its present considera- The CHAIRMAN. ThegentlemanfromMichigan fMr. THOMAS] tion. · demands the regular order. The Clerk will report the first bill on The bill was read, as follows: the Calendar. Be it enacted~ etc., That the Secretary of the Interior be, and he is hereby, RUFUS H. P A. YNE. authorized ana directed to place the name of Elihu Jones, of Potwin, Butler County, Kans.,late capt ain Company G, Eighth lllinois Infantry, on the pen The first business on the Private Calendar was the bill (S. 1505) sion roll and pay him a pension of $50 per month from and after the passage granting an increase of pension to Rufus H. Paine. of this act. The bill was read, as follows: . The CHAIRMAN. Is there objection to the present considera Be it enacted, etc., That the Secr etary of tp.e Interior !>e· and te is h e.r~by, tion of the bill? authorized and directed to place on thP. penswn roll, subJect to the proVISions There was no objection. and limitations of the pension law s, the name of Rufus H. Pa.ine,late of Com· pany A, l!'irst Regiment New HamJ?s~e Heavy Ar~illery, and .P~Y him a . Mr. ERDMAN. Let us have the report read in this connection. pension at the rate of $12 per month m lieu of that he IS now receiVIng:. ...... ,836 CONGRESSIONAL RECORD~OUSE. JANUARY 15, The CHAIRMAN. The question is on laying aside the bill with The report (by Mr. PIOKLER) was read, as follows: & favorable recommendation. The. Committ~e on In-valid Pensions, to ~hom was referred the bill (S. 878) :Mr. ERDMAN. Let us have the report read. granting a pensiOn to Jared 8. Chamberlam, having Cf!.refully considered t~~ same, aqopt the accompanying Senate report (No. 96) as their own and re- The report (by Mr. SULLOWAY) was read, as follows: spectfully recommend the passage of the bill. ' The Committee on Invalid Pensions, to whom was referred the bill (S. 15Q5) granting an increase of pension to Rufus H. Paine, having carefully consid· [Senate Report No. 96, Fifty-fourth Congress, first session.] ered the facts in the case, respectfully report: Tb~ clab;rutnt, Jared S. Chamberlain, was enrolled as a private soldier on tha ThesoldierenlistedJulyl7, l863,asprjyat~inCompa.ny A,FirstNt"V{Hamp 25th day of March, 1864, ~J.nd served in Company E of the Twenty-third Re~· shire Heavy Artillery, and was honorably discharged September 1.1.1865. ment of Ohio Volunteer Infantry until honorably discharged at CumberIan~ On July 28, 1890, he filed a declaration under the act ~Jun~:t27, lSOO, a.lleg· Md., on the 26th day of July, 1865. At the time of enlistment he was 31 year ing varicose veins, loss of sight, catarrh, and injury of 1 t hand; ana on .;rune o~ age, and .is consequently now 63_ years old. The record shows that at tll 23, 1891, he was allowed a. pension of $8 on account of r eumatism, varicose trme of enhstment he was able-bodied and possessed of ~ood e_yesight. Tha veins, and injury to left hand. record fuytber shows that he reooived a gunshot wound m the left side of tha On February 2, 1891), he flied a declaration for increase, alleging aggravated head, causing_partial blindness, at the battle of Cedar Creek, Virginia Octo disability from pensioned causes, defective si~ht, a~her. nia.. Atotil29, 1895, ber 19,).8M. The treatment shown was by the regimental surgeon in the the examining board reports, amon~ qther things: " yes are cl ed; nutri hospital at WiLchester, Va., October, 1864. tion poor; physical condition bad; r1ghtoblique in 1 hernia; . eft oblique lt appears by the proof that 4e r_etu.rned to the service and continued wit: inguinal hernia, same description as right· vision of left eye nil· rigbt eyl) llls co~pany and regiment until the close of the war. . It also appears tha sees 0. 0. Snellen's tY1)e at 3 feet; left eye had been removed, and claimant from t+'e date said gunshot woqnd wa~:~ reoeived the sight of hls right ey was wearing an artificial eye." be.~a.n to weaken, and a_t present it is almost gone, ~nd that the sight of hi$ The claim, however, was 1ejected on the ground of "No increase; rate lettl eye bas become very greatly imp~ed1 that before this gunshot wound covers all disabilities former y alleged." wasr~ceived it was n~tnecefiSII.ryfor to wear glasses, but sjncetbat time Under the ~enerallaw the oss of an eye is. rated at se-venteen·eigbteenthsi glassefl,_have been._indisp~nsablQ to ana e hinl to .obserye objects in his path • but in addihdll to this infirmity the soldier has, accordi~ to the report or 'YILY. It ap_pe~rs by undisputed testimony that Immediately after said gun the examining board, a rl<>'bt and a left inguinal hernia, rheumatism, vari~c!i allot wound the esres of the soldier became affected and looked weak anq veins, permanently injurgd band, almost total loss of sight of righii eye. , l;l fnilamed, and thai; he complained of f?evere pains in his eyes to his comrade& physical condition; and the evidence further shows, in ex:Qress te:rms, tha m an;ns. '!'he soldier can not recsJI the. name of the surgeon who treated~~ be is totally incapacitated for the performance of manWJ-1 labor. The man eye~ fm:med.iately after the. lmD5hot wound, and can not, therefore, furnis is 60 years of age. The bill passed the Sen~te February 19. 1800. his te~t1mony. The affidaVIt of his bunkmate, Hora,ce A. Little, shows tha. Your committee are of opinion that the claimant was ana .ts entitled to the Chamberlairi constantly COJDpla.ined of hls eyes du,ring the r~;~mainder of hiEI maximum ra.t.e under the act of 1890, and therefore respectfully recommend service in the army after the battle of Oeda.r Oreek, and while he remained the passage of the bill. with said Little at his hom~ in Ohio for a.lon~ time fl.fter the war. By Chamberlain's affidavit, supported by hlS neighbors, it appears that his 1\Ir. TALBERT. Mr. Chairman, here is an application for an eye ·ight has been constantly be~bm:ing more and more impall'ed from the increase of pension to Rufus H. Payne. On J una 23, 1891, accord date of the receipt of the wontld referred to. He is now 63 years of age and ing to the report, he was allowed a pension of $8 a month on ac dependent upon manual labor for his support. his abilliy to perform labor !Jemg ~mp_air~d not only by ~dva~ced age, but likewise by the great _physical count of rheumatism, varicose veins, and injury to left hand. On infirnutr mmdent to tne senous rmpairment o:f his eyeSlgbt. His claim bas February 2, 1895, he filed a declaration for increase, alleging ag been reJe~ted by the. Pe~sion Depart1p.ent without any attempt at a review gravated disability from pensioned causes, defective sight, and of the testimony, whwb lS very volummou.s and uncontradicted. The only statement ma.de in connection with the rejection seems to be as follows to hernia. April29, 1895, the examining board reports, among other wit: "Slight scalp wound· claim for imvaired vision; rejected because it is things- p.ot due to .the woun?." Thl'! conclusion s~ms to be. unjustified by the show· Eyes are closed; nutrition poor; physical condition bad; right oblique in mg made, 1t appearmg by the Ullilontradicted testrmo:o.y of numerous wit guinal hernia; left oblique inguinal hernia, same description as right. nesses who appear on the record that Chamberlain's ere;;ight was good before· that it becru;ne impaired immediately upon the rece1vmg of the wound and About the same thing that the other board reported. The Pen has remained in an impaired condition e-ver since. ' sion Bureau, after having examined the claim, rejected ·it on the In view of the facts presented by the record in this case, the committee ground of no increase· that the rate covers all the disabilities recommends that the bill do vass. formerly alleged. Now, the question is whether or not this House Mr. THOMAS. Mr. Chairman, for the purpose of perfecting will overrule the decision of the Pension Bureau, whose duty it is -this bill, I offer an amendment. to examine carefully into all of these claims and to report prop The amendment was read, as follows: erly upon them. I think, sir, that we should stop and reflect In line 7 strike out the letter " s" in the word "volunteers," and add before we go at a rapid pace and overturn the rulin!ls of the Pen "infantry, and pay hinl a pension of $12 per month." sion Bureau. I think this man is drawing a sufficient pension, The amendment was agreed to. according to all the showing, and I think this bill should not pass. The bill as amended was ordered to be laid aside to be reported I just want to call the attention of the House to this fact, that it to the House with a favorable recommendation. seems to be evidently an attempt to overrule the decision of the MARGARET O'DONNELL, Pension Bureau, without bringing forward any reasonB whatever, The next business on the Private Calendar was the bill (H. R. a-ccording to the report of the committee. 4823) for the relief of Margaret O'Donnell, nurse, United States I should be glad to hear from some member of the committee. Volunteers. Possibly the committee have something more to state in regard The bill was read, as follows: to this matter. This is a very short report. · Be it enacted, etc., That the Secretary of the Interior be, and he is hereby. • Mr. THOMAS. Mr. Chairman, I desire to call the attention of au tborized and directed to place upon the pension roll the name of Margarei the gentleman from South Carolina [Mr. TALBERT] to a portion O'Donnell, and pay her at the rate of pension as provid{ld for army nurses by of the report farther down: the act of Congress approved Augnst_5, 1892. And the evidence further shows, in express terms, that be is totally inca The CHAffiMAN. The question is on laying aside the bill with pacitated for the performance of manual labor. a favorable recommendation. Therefore he would be entitled to more than $12 a month, and Mr. ERDMAN. Let us have the report. the bill only provides for $12. The gentleman's statement is cor The report (by Mr. THOMAS) was read, as follows: rect, so far as the first part of· the report is concerned, as to the The Committee on Invalid Pensions, to whom was referred the bill (H. B. action of the Pension Office. 4823) for the relief of Margaret O'Donnell respectfully report: The claim of this woman under the act of Au~t 5, 1892, was rejected in Mr. TALBERT. If the gentleman will allow me, the point I the Pension Bmeau February!. 1893, on the ground that there is no record make is that the Pension Bureau were in possession of all the of claimant's service as nurse during the period alleged, but from a certifi. facts stated here in the report when they filed their decision against cate flied by her it appears that she acted as a laundress. No title under said act. the man. The Secretary of the Interior, on appeal, decided that the action of the Pen· Mr. THOMAS. I do not understand that to be so. If they sion Office in rejecting the claim on the ground stated was wrong, and b& were, then they overlooked some of the facts, because the evidence directed that the claim be reopened and suggested a special examination for is certainly suijicient to give this man $12 per month. the purpose of ascertaining definitely by what autbor1ty claimant rendered the services as nurse, which are ad nutted by the Secretary to be prima facie Mr. TALBERT. I do not propose to make any fight against shown to have been rendered, or that claimant be called upon to furnish addi· the granting of a pension. I only wanted to call the attention of tional e-vidence upon that branch of her case. The only point on which the the House to this disposition to overrule the decisions of the Pen Secret;ary seems to have any doubt i.s as to whether the services shown tG have beeh rendered were rendered by proper authority. Theevidenceshow}J ' sion Bureau, which I think is wrong and setting a dangerous th!'1-t her husband was a member of the Twenty-second Battery, New York precedent. · Volunteer Light Artiller~, and that she was with the battery from 1862 to The bill was ordered to be laid aside to be reported to the House 1865~ acting a part of the time a.s laundress, and when any of tlle members of the cattery were eick nursing them. · with a favorable recommendation. Twenty-five surviving members of the company join in a petition that she JARED S. CHAMBERLAIN, be pensioned, saying that she was constantly Wltb them from 1862 to 1865, never absented herself one day from her post of duty, but wa.s ever ready to The next business on the Private Calendar was the bill (S. 878) give aid and comfort to the members of the company; that she is an invalid granting a pension to Jared S. Chamberlain. fro:r,n rheumatism contracted in the service of her country. The testimony of the members of the company shows that she did actually The bill was 1·ead, as follows: · nurse them when sick, and that her services were greatly needed in view of Be it enacted, etc., That the Secretary of the Interior be, and be is hereby, the fact that there was no surgeon or assistant surgeon with them. authorized and directed to place on the pension roll, subject to the provisions In view of these facts, the committee are willing to waive the technical and limita.tiong of the pension laws, the name of Jared S. Chamberlain, late requirement of the law as to employment by authority recognized by the a private in Company E, Twenty-third Ohio Volunteers. War Department, and they therefore r ecommend the passage of the bill. The CHAIRMAN. The question is on laying aside the bill with Mr. 1\IILNES. I am quite positive in my own mind, Mr. Chair a. favorable recommendation. man, that the beneficiary of this bill is dead. If that be tru.~, Mr._ERDMAN. Mr. Chairman, let us have the report read. there is no use in taking up any more time. I think it is a bi.J.l I 1897. CONGRESSIONAL RECORD-HOUSE. 837 into a division of Army of Tennessee. Assigned to command of this division, that I had something to do with last winter, and the husband of Mustered out of volunteer service July, 1865. this lady has told me since this session began that his wife is REGULAR ARMY. . dead. I am positive that that is the case. Appointed lieutenant-colonel, Thirty-sixth Infantry, July 28, 1866; accepted Mr. THO:l\IAS. This was introduced by my colleague from Ja.nuary17,1867. Joined regiment, September,1867, at Fort Sanders, Da.k. T .• Michigan (Mr. BISHOP]. . now Laramie City, Wyo. Command of Fort Bridger, Utah, from December, Mr. MILNES. I ask that the bill be passed without prejudice. 1867, to April, 1869. In command of regiment, winter 1868. Transferred to Thirteenth Infantry, March 15,1869. Oommand of Fort Buford, Da.k. T. May; If it is laid over, we can get the necessary information. 1869, to June, 1870. Command of Fort Fred Steele, Wyo., June, 1870, to October, Mr. BISHOP. Mr. Chairman, I introduced this bill by request, Command of Camp Douglas (now Fort Douglas) Sa.lt Lake City, from October. and know nothing in regard to its merits. 1870, to July, 1871. In command of regiment, October ,1870, to July-l-..1871. Com \ . mand of Fort Fred Steele, Wyo., July 1811, to October, 1871. J:SY order ot Mr. DOCKERY; The question of fact is raised as to whether President United States, in command or1 Camp Douglas, United States, Octo the beneficiary is dead. ber 1871, to September,1874. Commanded expedition of cavalry and infantry Mr. THOMAS. I ask that the bill be laid aside without preju- agamst1 Ute Indians in southern Utah, September and October, 1872. In com mand of military district of Utah, 1872-73. dice. At request of Commissioner of Indian Affairs was ordered by Secretary of Mr. MILNES. I make that motion. War to ta.ke control of the wandering Indians of Utah and Nevada. Com. The CHAIRMAN. The gentleman from Michigan asks unani ma.nd of Fort Sidney, Nebr., from September to October, 1sn, when ordered with reg!ment to New Orleans, La. In command of re_giment November, mous consent that the bill be laid aside without prejudice, I'etain 1873, to November 18'1'4o. In command of regiment in New Orleans winter ing its place on the Calendar. Is there objection? [After a pause.] 1874-75. On speciai inspection in Louisiana, November and December,187j. The Chair hears none. Command of Baton Rouge Barracks, La., May, 1875, to June, 1876. Command of Little Rock &rracks, Ark., June, 1876, to April, 1879. During riots of ISABELLA MORROW. 1877, in command of Indianapolis, Ind., in July, and of Scranton, Pa., Augus~t The next business on the Private Calendar was the bill (S. 1128) September,October,andNovember. SpeclallycommendedbyM.a.jor-Gener Hancock to S~etaryof War for good conduct at Scranton. On WarDepar granting a pension to Isabella Morrow. ment Board, Washington, D. O.Jor equit!ent of Army, November, 1878, to The bill was read, as follows: April,l879. Promoted colonel ·.nv(lnty- t Infantry April ?JT, 1$79. Com mand of Vancouver B~acks. Wash.~ eptember, i879, to January, 1881. Be it enacted, etc., Tha.t the Secretary of th6 Interior be, a.nd he is hereby, Member of court-martial convened by war Department, in New York Oity, authorized to pla.ce upon the pension rolls the name of Isabella Morrow, tor trial of colored cadet Whittaker, January, 1881, to June. On sick leave widow of the late Henry A. Morrow, colonel of the Twenty-first Regiment June,1881, to October. Command of Vancouver .Barracks, October, 1881., to United States Infantry, colonel and brevet major-general of the United June, 1884. Command of E'ort Sidney, Nebr., July,1884. At Crisfield, Kans., States Army, and pay her a. pension of $76 per month. July and August, 1885,in command of fifteen companies of infantry andfour· Mr. ERDMAN. Let the report be read. teen troops of cavalry. Mr. THOMAS. I desire to offer an amendment. BREVETS. Colonel in Regt1.la.r .ArnlY, for gallant and meritorious services in battle of The report (by Mr. THOMAS) was read, as follows: H(l.tchers Run, Virginia., Feorna.ry 6, 1865. The Committee on Invalid Pensions, to whom was referred the bill (S.ll28) Brigadier-general of volunteers for ga.llantand distinguished services dur granting a. pension to Isabella. Morrow adopted as their own the Senate Re· ing campaign before Richmond, Va.. Major-general of volunteers, for dis port No. 2411, and in view of the facts therein set forth, and the further fact tiriguis!led and conspicuous gallantry, and for good conduct before Peters that evidence before this committee shows tha.t ·the beneficiary of this bill burg, Va. was married to General Morrow before the war, that she has ~n ever since Was nominated by President and confirmed by Senate, in winter of 1869, as his death largely deP.endent upon others for the care and support of hersel! brevet brigadier-general In Regular Army, for ga.llantry at Gettysburg. and her younger children; that she is now about 60 years of age, is not in Commi.c:;sion not issued because an act of Congress forbade conferring brevets good health, and is without property, your committee recommend the passage except in time of actual war. of the bill. Honorably mentioned in reports of battles of Fredericksburg, Fitzhugh [Senate Report No. 240, Fifty-fourth Congress, first session.] Crossing, or second battle of Fredericksburg, Chancellorsville, Gettysburg1 Wilderness, and Hatchers Run; also-1.!!1 Michigan In the War; Red Book or The Comm.itt~e on Pensions, to whom was referred the bill (S. 1128) grant Michigan; History of Twenty-fourth Jl'l1Ch1~tan Infantry; A City's Danger and :jng a. pension to Isabella. Morrow, after consideration, make a favorable report Defense, Scrantonil Pa., 1887; De Hubner's Promenade au Tour du monde, 1871. thereon, when amended, at the rate of $75 per month, which is done in com and ChanceUorsv· le and Gettysburg\ by Doubleday,l882. mittee. The passage of the bill as amended lB recommended. Col. Henry A. Morrow, whose widow the bill proposes to pension, was born in Virginia July 10\1829. At the age of 17 he volunteered for service in the Mr. DANIELS. Mr. Chairman, I trnst- Mexican war servmg In the campaign of Genera.! Taylor from Camargo to Mr. THOMAS. I desire to offer an amendment. Monterey, taking part in the battle of Monterey. In 1854 he began the prac tice of la.w at Detroit and three years la.ter he was elected to the honorable Mr. DANIELS. Mr. Chairman, I trust the amendment pro position of judge of the recorder's court of the city of Detroit for a term of posed by the gentleman from Michigan will not prevail. The OHAIRMAN. The amendment has not yet been read. ~I:.:a~:tbreakof the war of the rebellion found Judge Morrow on the bench. By July,1862, the State of Michigan had sent to the front 72,000 men, or 6,000 Mr. THOMAS. I offer the following amendment. I desire to more than the State's quota. The delays a.nd reverses of McClellan ha.d cre say that this bill passed the Senate at $75 a month, and the Com ated doubt and discouragement, and in the North. recruitin~ ha4 practically mittee on Invalid Pensions reported it at $50 per month. There stopped. A public meeting held at Detroit on July 15, 1862, was diSpersed by an armed mob from Canada., where Southern refugees had found asylum. was an error on the part of the clerk in making it $75. Th~ indignation that resulted from this action found expression in a great The amendment was read, as follows: gathering, at which the venerable Gen. Lewis Cass presided. The practical In line 8, strike out the words "seventy-five" and insert the word "fifty;·~ outcome was the Twenty-fourth Michigan Infantry, of 1,030 men, and to so as to read, ''a pension of $50 per month." command this regiment the Judge left the bench. Assigned to the Iron Brigade of the Army of the Potoma~, the 1\fichigan Mr. DANIELS. Mr. Chairman, I trust the bill will pass as it r ecruite were but coldly received by the veterans of Wisconsin and Indiana,, passed the Senate, at $75 a month. The career of the distinguished who ma.de up that famous command; but at Fredericksbur~ the men of the Twenty.foru·th were transformed into as hard metal as the1r comrades, and soldier has been a most remarkable one, perhaps as much so as at Gettysburg they won high praise from Genera.! Donbleday. . any other person who was engaged in the military service of the Colonel Morrow's military history is as follows: country. He commenced as a mere boy, at the age of 17, and en Volunteered May,184.6, for Mexican war, in Maryland and District of Colum in bia Battalion. Served in campaign under General Taylor from Camargo to listed the United States Army for service in the Mexican war, Monterey. In battle of Monterey,September,184a. Marched from Monterey and was in the Mexican war under General Taylor until the war to Victoria, and from Victoria to Tampico, January, 1847. Participated In closed. Then he retired from the Army and studied law. He was several skirmishes and minor combats. Recruited and was colonel of Twenty elected to the office of recorder of the city of Detroit, and while he fourth Michigan Volunteers, July, 1862. Joined Armr. of Potomac in Antie tam in fall of sa.me year. In campaign under BurllSlde against ~,rederioks was holding that office and soon after its commencement the civil burg, and in battle of Fredericksburg\ December, 1862. In spring, 1863~ war broke out, and he then enlisted at once in the service of the participated in battles of Fitzhugh Crossmg and Chancellorsville. Thankea United States in the civil war. He served through the civil war, m general order from First Division, First Army Corps, for gallantry in the former battle, and recommended for promotion for gallantry and good con· and while in a large portion of the battles, he remained there until duct. April, 1863, commanded two regiments in expedition against Port the close of the war, and was then mlU!tered out of the service, Royal, below Fredericksburg, on Ra.ppabannoclr River. Compliment-ed in advancing from the position of private to that of an officer. He order from First Army Uorps for ~'endurance shown in march of nearly B6 miles in twenty-four hours," and for prompt manner in which the expedition then enlisted in the Regular Army, and was brevetted major-gen~ was accomplished. 1\Iay ,1863, commanded fl. ve regiments in expedition down ·eral for distinguished services in the civil war, and also brevetted "Northern Neck" of Virginia. brigadier-general for services in the Regular Army. His career In campaign through Maryland and Pennsylvania, and in battle of Gettys burg, July 1, 1863, and wounded while carrying ftag of regiment, after four has been a most remarkable one, perhaps more so than that of any color bearers had been killed and three wounded. Was a. prisoner from July other officer whose case has been submitted to the consideration 1 to July 4, when esca~d and rejoined command. Absent on account of of thic:~ House in an application for a pension. He i~ now dead, wound. With Army of Potomac winter 1863-M in command of brigade a.t Culpeper, Va. Severely wounded Ma.y 5,1864:, in Little of Wilderness. While and his widow, 60 years of age, has a young child to care for, and absent on account of wound, detailed by War Department as member of court has no resources for her support or that of the child beyond that of inquiry at Columbus, Ohio, to investigate treatment of Confederate pris obtained by her own exertions. The case is one that is entirely and oners. Rejoined Army of P otomac October, 1864o. In expedition of Fifth .Army Corps, under General W arren, to Meheren River, a.nd commanded rear thoroughly meritorious, and I trust tha.t the amendment will not guard on retreat. Winter 1864-65 in command of brigade in front of Peters prevail and that the bill will pass as it passed the Senate. burg. In command of Third Brigade, Third Division, Fifth Army Corps1 in Mr. MILNES. Mr. Chairman, the House very well knows I battle of Hatchers Run, February, 1865. Severely wo~nded while bearmg have been opposed to all pensions of this dimension; but if there colors of One hundred and forty-seventh New York Volunteer~, in rallying' troops. Brevet brigadier-general, August, 1864. Assigned by President to ever was a worthy caSe, this is one of them. I am well acquainted command according to brevet rank. Commanded Iron Brigade from Peters-. with the services of Colonel Morrow, and no more gallant man burg to Washington City and participated in grand review of Army of Poto ever went into the Union Army. He was three times wounded, mac. By order of War Department assigned to command of veteran regi ments of Michigan, Minnesota, Iowa., Wisconsin, Indiana, and Ohio, and con and every time with the colors in his hand, having taken the col ducted sa.me to Louisville, Ky., where they were organized by Genera.! Logan ors from the color bearer after being shot down. Four of them 838 .CONGRESSIONAL RECORD-HOUSE. J.ANUARY 15, were shot down at Gettysburg. He was wounded at Gettysburg Mr. WILLIS. Mr. Chairman-- ·on the first day of the battle, and he was again wounded in the Mr. LOUDENSLAGER. I call for the regular order. Wilderness and was again carrying the colors; and again at Mr. WILLIS. I hope the gentleman will not call for the regular Hatchers Run, where he was carrying the United States colors in order until I shall have made a remark or two. · the front of his regiment. If there ever was a worthy case, this is Mr. LOUDENSLAGER. I call for the regular order, Mr. one. Chairman. 1\Ir. :MERCER. Mr. Chairman, I desire to second the remarks The CHAIRMAN. The regular order is called for, and the ;made by the two preceding gentlemen. Colonel Morrow was not Clerk will report the next bill. only in the Mexican war, but he was in the civil war, and then :MRS. SARAH B. LEET. later engaged in a great many Indian wars. His widow lives in my district, is over 60 years of age, has a son dependent on her for The next business on the Private Calendar was the bill (S. 1682) support, and she is almost entirely without means. She has granting an increase of pension to Mrs. Sarah B. Leet. another son, who entered the Regular Army and is there to-day, The bill was read, as follows: Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, working his way up by studious application to the duties of his authorized and directed to place on the pension roll, subject to the provisions position, and, I believe, is now second lieutenant by meritorious and limitations of the pension laws, the name of Mrs. Sarah B. Leet, widow service. It shows that Colonel Morrow and his descendants are of the late Bvt. Lieut. Col. GeorK~ K. Leet, United States Army, at the rat$ of a patriotic order. They belong to that class of citizenship ot $25 per month, which rate of ~ per month shall be in lieu of the pension which believes in protecting the American Union and the Amen she is now receiving. · can flag at aU times and under all circumstances. Mr. McCLELLAN. Let us have the report read. I sincerely trust, Mr. Chairman and gentlemen of this House, The report (by Mr. ERDMAN) was read, as follows: that you will grant this lady $75 at least, because this is a Senate The Committee on Invalid Pensions, to whom was referred the bill (S.1682) entitled "A bill granting an increase of pension to Mrs. Sarah B. Leet," beg bill, and if you amend it now and reduce the amount to $50, the leave to submit the following report, ana recommend that said bill ito pass: bill would be returned to the Senate and go through another George K. Leet enlisted as a private in the Chicago Mercantile Battery legislative ordeal. The gentleman from New York fMr. WADS August 29, 1862, and served therewith to July 29, 1863. Served in the office of assistant adjutant-general, Hea.dquarters Department of Tennessee, until WORTH] calls my attention to the fact. that one wi(iow has re discharged October 29, 1863, having been appointed captain and assistant ceived $75 and another $100 a month at the hands of this House adjutant-general United States Volunteers, October B. 1863; major and to-day. But aside from that, the record of General Morrow assistant adjutant-general United States Volunteers, February 25, 1865; Captain and assistant quartermaster United States Army, March 23, 1866· would entitle his widow to at least $75 a month pension, and I major and assistant adjutant;-general United States Army, March 23, 1800 trust this House will vote down the amendment of my friend (brevetted lieutenant-colonel United States Army.l.Ma.rch 2,1867, for faithful ·fMr. THOMAS], who is simply doing his duty as instructed by his 11ond meritorious services during the wa:r:_); on starr duty at General Grant's headquarters from October 29,1863, to .march 4, 1869; on dnty at the War committee, and give to this widow a pension of $75 a mo~th, to Department March 1, 1870; honorably disohar~ed August 1, 1870. which she is justly entitled. [A:(>plause.] '!'he evidence shows that in 1862-63, while m camp near Vicksburg, Miss., . The CHAIRMAN. The question is on agreeing to the amend George K. Leet contracted camp diarrhea and erysipelas, and was sent to hospital, but the relrlmental hospital records are not on file. ment offered by the gentleman from Michigan. The soldier's motlier testifl.es to sending him medicine for diarrhea (which The question was taken; and the Chairman announced.that the had become chronic) while he was in the Army. noes appeared to have it. It appears that he continued to su:tfer from chronic diarrhea, and was dis abled to a greater or less degree all the time from 1865 to 1869 while serving Mr. BELL of Colorado. Division! on Geperal Grant's staff at headquarters, during which time he held the rank 'Ihe committee divided; and there were-ayes 22, noes 68. of Piajor and assistant adJutant-general. · So the amendment wa-s rejected. Surg. Basil Norris, Umted States Army, made the following statement January 23,188i: The bill was then ordered to be laid aside with a favorable recom "I certify that to the best of my knowledge and belief Maj. George K. Leet, mendation. assistant adjutant-general, United States Army, suffered from diarrh~ JOSEPH E. VANTINE. recurring from time to time, during his service m Washington on the-starr ot the General of the Army,Jrom the autumn of 1865 to the winter of 1868; Mr. WILLIS. Mr. Chairman, I ask the consent of this com that I occasionally I?rescribe for him for this disease." mittee to hear a report read. I will" not venture to ask unanimous The claimant teiiltifl.es that after leaving the Army her husband continued to suffer from diarrhea, taking what remedies were prescribed, but that she consent for the consideration of the bill until after the committee is unable to furnish testimony from any physician until the spring of 1880, shall have heard the report and I shall have made one or two state when it brought on other troubles from which he suffered until his death, in March 1881. •.. ments. Dr. George B. Cornell testifies to treating this soldier for piles, bilious The CHAIRMAN. Is there objection to the reading of the attacks, and catarrhal bronchitis in 1879 and 1880. report? · Dr. J. B. Griswold testifies that the soldier died March 26,1881, the imme Mr. DOCKERY. I ha.ve no objection, Mr. Chairman, but I diate cause of death being phthisis pulmonalis. Just what the precise nature of the disease wa~:~ he is unable to state, but there were large cavities in both would like a recognition myself. LLaughter.l lungs, a oonstantcough, with profuse expectoration, and moist rilles through The report (by Mr. MILES) was read, as folfows: out the chest. There was diarrhea, abdomen tense, and tender fistula in ano, with prolapsus of the rectum, and the usual accompaniments of wasting lung The Committee on Invalid Pensions, to whom was referred the bill (H. R. disease. · '1969) to increase the pension of Joseph E. Vantine, late first-class fireman on The soldier only lived three or four weeks after coming under his charge. the U. S. S. Richmond, United States N'avy, having carefully examined and The soldier gave him a history of chronic diarrhea contracted in the Army fully considered the facts presented, respectfully report: and which had continued with greater or less severity ever since. Joseph E. Vantine enlisted in the United States Navy May 19,1857t.a.s sec Mrs. Sarah B. Leet is the widow of George K. Leet. She was married to ond-class fireman on the U. S. S. Minnesota,· promoted to first-class nreman him February 18, 1864:, and is now 59 years old. She has never remarried, and May 26,1857, and served as such to June 10, 1859, when discharged. has no means of support except by her children. He reenlisted at~ first-class fireman July 13, 1861, and served on the North She has one minor child dependent upon her. · Carol·ina to July'!!/, 1~1: on the Richmond from July 28, 1861, to August 29, She was granted a pension by ~pecial act of Congress approved July 4,1884. 18M; on the Princeton from August 30, 18M, to September 9, 18M, when honor The rate fixed by the Pension Bureau was $8 per month and $2 per month ably discharged, additional for each of three minor children who were not then 16 years of age. Joseph E. Vantine was the first man to suggest the use of chain cables By general law (act of March 19,1886) the pension was increased to $12 per hung over the sides of vessels for protection from the enemy's missiles, and month, commencing from the date of the act, at which rate the claimant is the efficiency of the device was demonstrated by Commodore Farr~t's now pensioned. But one child is now under 16 years of age, consequently jiquadron on the Lower Mississippi in April, 1862, in the passage of Forts the amount of pension actually received by claimant is Sl4 per month. Jackson and St. Phillip, and the encounter with the Confederate ram, and it Your committee therefore earnestly recommend the passa~e of the Senate resulted in the capture of New Orleans, La. This chain armor was used bill, appending the report of the Senate Committee on PensiOns, as follows: afterwards on board the Kearsarge in her capture of the ALabama. In the attack on Fort H 11 dson, La., March U, 1863, a shot from the enemy's {Senate Report No. 295, Fifty-fourth Congress, first session.] guns struck the boilers of the Richmond, and the fire room and other parts The Committee on Pensions, to whom was referred the bill (S. 1682) grant 9f the vessel were filled with steam, when he, under great difficulties, drew ing an increase of pension to Mrs. Sarah B. Leet, have considered the same the fires from under the boilers and prevented them from exploding, thus and report: • saving the ship and perhaps many lives. While this was being done, he be In this case the claimant was granted a pension by special act of Co~g-ress came exhausted from the heat and cookin~ steam and had to be relieved approved July!, 1884. The rate fixed by the Pension Bureau was $1:! per every few moments, lmtil by his persistent mtrepidity and assiduous etforts month and $2 a month additional for each of three minor children who were the grand work was accomplished. For this heroic act he received specia.l not then 16 years of age. complimentary mention in the Admiral's report).. and was afterwards pre By general law (act of March 19, 1886) the pension was increased to $12 per sented with a bronze "medal of honor " by act of vongress.' month, commencing from the date of the act, at which rate the claimant is Joseph L . Vantine is now pensioned at $12 per month, under the act of June now pensioned. But one child is now under 16 years of age, consequently the 27, 1890, for injury to back and disease of rectum. · amount of pension actually received by claimant is $14 a month. The proof submitted to your committee shows that claimant received an The military services of George K. Leet, husband of this claimant, as injury tohisbackabout July, l 861, while removing a part of an iron ventilator shown by the records of the Adjutant-General's Office were continuous from the port coal bunker of his vessel, and that this injury was enhanced from August 29, 1862, to March 4,18ti9, most of the time m1 the responsible and the disability aggravated by the arduous work at Port Hudson, La., in position of assistant adjutant-general. On August 1, 1870, on his own requestt :March, 1863, and the disability has increased with his advancing years; and he was honorably discharged. He died March 26 1881, from chronic diarrheal that he had a str oke of apoplex-y August 6 1895, and is now suffering with troubles and diseases emanating therefrom, contracted in the line of duty. complete paralysis of the right stde and entire loss of the power of speech; Claimant is without means of support and is dependent wholly upon her and that h e is now totally and permanently helpless, and, his physician says, own earnings. Under the circumstances your committee believe this to be "will probably never be any better." He has three minor children and his a meritorious case for increase, and they accordingly recommend that th' wife, entirely dependent, and with no income except his small pension; and bill be passed with an amendment so as to provide a pension for this claimant he is now in such condition as to require the care and attention of another at the rate of $20 a month. person. Amend by strikin~ out the word "thirty" wherever it occurs in line 8 of In view of the testimony, from which it is reasonable to conclude that his said bill, and insert m lieu thereof the word "twenty-five." paralysis is aTesult of his naval service and in view of his gallant and meri torious service, your committee earnestiy recommend the passage of the bUl The bill was laid aside to be reported to the House with th'l without ~mendment . recommendation that it do pass. . ,1897. CONGRESSIONAL RECORD-HOUSE. 839 .ANNIE SCHIFffiLI. of the widow of a general at the rate of 100 a month, certainly The next business on the Private Calendar was a bill (H. R. it will not bankrupt the Treasury tQ pension this poor woman at .7821) granting a pension to Annie Schifil'li. $20 a month. Therefore I shall cast my vote for this bill, in line The bill was read, as follows: with what I said this afternoon. . Be it enacted-l etc., That the Secretary of the Interior be, and he is hereby, . Mr. T~BERT,. Mr. Chairman! I voted against the proposi authorized ana directed to place on the pension roll the name of Annie Schi tion to giVe the Widow of General G1bbon $100 a month, but it was firli, widow of John E. Schifirli, late ;private, Company M, Fir!'t Regiment carried here almost unanimously. I voted also against the pen United States Reserve Corps Missouri Volunteer Infantry, and to pay her a. pension at the rate of $20 a. month, subject to the provisions and liinitations sion bill for the widow of General Nichols, at I believe, the same of the general pension laws. . amount. :Mr. ERDMAN. Let us hear the report, :Mr. Chairman. A MEMBER. That was $75 a month. The report (by .Mr. BAKER of Kansas) was read, as follows: :Mr. TALBERT. I voted against those bills because I did not believe they were right, but they passed here all the same. The Committee on Invalid Pensions, to whom was referred the bill (H.R. .· .«96) granting a pension to Annie Schifirli, beg leave to submit the following fLaughter.J We gave a pension this evening to the widow of report: General Smith at the rate of $50 a month. We gave the widow John E. Schifirli served in Company M, First United States Reserve Corps of Colonel Morrow, who wa.s only a brevet major-general, $75 a Missouri Volunteer Infantry, from May 22, 1861, to August 20,1861, when he was honorably discharged. month, and I am astonished that any gentleman here, especially The widow is now pensioned at $8, under act of June Z'/, 1890. She was on the Democratic side, should get up now and move to reduce married in 1842 to the soldier, who died in the county infirmary February 22, the allowance fo:t this poor and totally blind woman from 820 to $8 1885. The widow is shown to be totally blind, and so helpless a.9 to require the regular aid and attendance of another person; that she is totally desti amonth. [Applause.] tute, and is supported by a son-in-law. In view of her helplessness and I stand here ready to give this blind widow of a private soldier destitution, it is recommended that the bill do pass after being amended by as much as yon gave the widow of General Gibbon or General Nich striking out all after the title and substituting the following: "Be it enacted by the Senate and House of Representa.tives of the United States ols or Colonel Morrow, or any other officer. I think she is just as of America in Congress assembled, That the Secretary of the Interior be. and much entitled to a liberal pension as the widows of those officers. he is hereby, authorized and directed to place on the pension roll the name I can understand why Republicans in this House do some things of Annie Schifirli, widow of John E. Schiflrli,la.te_private Company M, First Regiment United States Reserve Corps Missouri Volunteer Infantry, and to sometimes [laughter], but I can not understand why Democrats pay her a pension at the rnte of $20 a month, subject to the provisions and should walk through here lik~ greyhounds to vote one-hundred limitations of the general pension laws." dollar pensions to the widows of brigadier-generals, and yet should :Mr. ERDMAN. :Mr. Chairman, theHouseoughttonnderstand sit quietly by when an effort is made to reduce the pension of the that this is pension legislation of a kind that they may not desire poor blind widow of a private soldier from $20 a month to $8. I to approve. It is an attempt to pension the widows of soldiers shall supportthisbillwithallmyheartat$20amonth; ·andiwould according to their disabilities. If you are going to do that, do it be willing to give this widow more in justice to the claims of the by general legislation. There are thousands upon thousands of private soldier on account of her being totally blind, but I shall widows of disabled soldiers sufferin~ from different degrees of always oppose any extravagant or unjust pension claim, as I have disability, and if yon are going to do Justice to them all, yon will done in the past. either pass 10,000, or perhaps 100,000, private bills for their benefit, :Mr. MILES. Mr. Chairman, I shall support this bill verv cor or you will enact some general law fixing the rate of pension for dis dially; and I want to be understood as withdrawing my motion abled widows as yon do in the case of old soldiers. The question to lay it aside. I thought there would be some debate over the presented in this case is whether or not you are going to pension bill and that the measure might be endangered in the absence of widows according to their disability. my friend from Kansas [Mr. BAKER]; but I find that he is now Mr. MILES. Mr. Chairman, I ask unanimous consent that this present; and l do not believe, since the eloquent speech of my bill be la.id aside without prejudice. friend from South Carolina [Mr. TALBERTl, that the bill is in any ·The CHAIRMAN. Is there objection to the request of the gen danger at all. I shall support the bill; but I want it understood tleman from Maryland? that in doing so I am following the lead of the gentleman from Mr. ALLEN of Utah. I object. South Carolina, who is consistent, and not the lead of the gentle The CHAIRMAN. Objection is made, and the question recurs man from Kansas rMr. BLUE]' who is inconsistent. on laying the bill aside to be reported to the House with a favor The CHAIRMAN. The question is on the adoption of the ·able recommendation. amendment. • Mr. ERDMAN. :Mr. Chairman, I desire to offer an amendment :Mr. THOMAS. Was not the amendment withdrawn? , strikingout "twenty" andinserting "eight" before "dollars,"so The CHAIRMAN. The Chair did not so understand. as to place this widow upon an equality with other soldiers' The question being taken, the amendment was rejected. widows. The bill was then laid aside to be reported to the House with a Mr. THOMAS. Mr. Chairman, I desire to call attention to the favorable recommendation. fact that this lady is now receiVing $8 per month. I understand CHARLES H. TWOMEY. that she is totally blind. That is all that I think it necessary to The next business on the Private Calendar was the bill (H. R. say. As the gentleman from Pennsylvania says, this bill is based 2257) to increase the pension of Charles H. Twomey. on the physical condition of this widow and her necessity, and it The bill was read, as follows: ought to pass. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby :Mr. WOOD. :Mr. Chairman, to-day we passed a pension bill authorized and directed to place the name of Charles H. Twomey late a pri~ that was based solely upon the infirmities, the age, and the need of va.te of Company H, One hundred and thirty-ninth Regimentindta'lia lnfantry a widow. That pension bill carried with it $100 per month. It was Volunteers, upon the pension roll,subj&etto the provisions and limitations of the pension laws, and pay to him the sum of $72 per month, in lieu of any the widow of a good soldier in that case; it is the widow of a good pension that may now be paid him. soldier in the present' case. The difference is that in the former case it was the widow of an officer who, when he was in the serv The amendment was read, as follows: ice, was allowed from four to six horses, with forage for them, and In line 8, strike out "seventy-two" and insert "thirty;" so as to make the a servant to take care of them, while in this case it is the widow rate of pension $30 per month. of a private soldier who trudged along on foot. We have been Mr. ERDMAN. Let us hear the report. passing bills here based upon the condition, the circumstances, the The report (by :Mr. KmKPATRICK) was read, as follows: infh-mities, and the necessities of widows, so far as the widows of The Committee on Invalid Pensions, to whom was referred the bill (H R· officers are concerned. Why should we not do it so far as private 2257) entitled "A bill to increase the pension of Charles H. Twomey" beg leave to submit the following report, and recommend that said bill d~ pass soldiers are concerned? with an amendment: Mr. CURTIS of New York. Do I understand that my friend Charles H. Twomey enlisted May 10, 1864, and was mnstered out with his from Kansas [Mr. BLUE] is in favor of this bill, or has he changed company as corporal Company H, One hundred and thirty-ninth Indiana his position in respect to the interest of private soldiers when their Infantry Volunteers, September 29, 186 840 CONGRESSIONAL RECORD--HOUSE. J ANU.A.RY 15, him at $25 per month for "almost total deafness of right ear and severe The widow's claim under the general law was re,iected b;v the Pension Of· deafness of left ear," but the Pension Bureau then refused to give him more fice, and the rejection affirmed by the Secretary of the Interwr, on the ground than $10 per month. • that the evidence did not satisfactorily show that the soldier's death was dn~ The applicant is now totally deaf, as your committee believe, from causes to causes arising in the service. The certificate of exru:nination m · de m arising in his military service, and is also totally blind from an accident June, 1886, shows that at that time he was totally blind in one eye and couUl occurring since the war, and your committee are of opinion that he shoul(l not distinguish any of "Mellen s test types" with the ot her. When the have at least $30, the pension for total deafness of both ears, and recommend claim was finally allowed, a short time after the soldier's death, his rate that the bill be amended by striking out the word "seventy-two," in line 8, was fixed at $30 per month. .. and in place thereof insert the word "thirty," and, as amended, earnestly Your committee are of opinion that the soldier was so despondent on a.q: urge the passage of the bill. count of his condition and so discouraged because his claim was not allowe(l that he became mentally unba.lanced, temporarily at least, and that while so Mr. THOMAS. Mr. Chairman, I offer an amendment to per- mentally unbalauced and in consequence thereof, took his own life, and thl) fect the bill. passage of the bill is 'therefore1 recommended with an amendment, striking The amendment was read, as follows: out the word "instructed," in lines 3 and i, and inserting in lieu thereof the words, "authorized and directed." In line 8 strike out the words "the sum" and insert "a. pension." The CHAIRMAN. The first question is on the amendment The amendment reported by the committee wa bad venereaJ. disease, one of whom says he examined claimant's body for that Mr. POOLE. :M:r. Chairman, the fact is that the report was' purpose but failed to find any indications thereof, while the other claims to have found an intangible, indescribable something in his eyes which he made in 1896, while this man was examined in 1891 and again in thought indicated venereal origin. but both seem to have been largely infin· 1893, as is shown. Now, if he could be examined again at the enced by the fact that they could not find anything else to attribute it to, and pres~nt time, there is no dou~t _in my mind that he would get ~ they had to account for it in some way, so they charged it to an assumed venereal disease which claimant never had. pension of $12 a month. He Is m a very bad condition to-day. I As before stated, there is no evidence of any value that this soldier ever have seen him quite recently, and have personally examined his' · bad venereal disease, and there is very strong evidence that he did not have injuries and know that he is disabled. if the gentleman nom such disease-in his sworn statement that he did not, and in the reports of South Carolina could see him to-night I know he would not hesi~ l the medical examining boar~s, and the descriptions of all the physicians, none of whom has ever found any such disease, or any evidence that soldier tate to grant the pension which is asked here. ever had it. In order for venereal disease to have caused the condition now This bill has been passed by the Senate, but under some misap found, it must have become constitutional, and it could not have produced the present condition without leaving evidences of its presence on some of prehension it was provided that the pension should be paid "sub, the parts usually affected. In the absence of~ other discernible can~ it ject to the limitations of the general pension law." That, as I show in the report, is a mistake, because if he was entitled under :!drn:e~~!<> Prr:s~~~t!o~~~l~~hr;li~r:~a!~har ~~~~~ lt~n:;;~~b· ty the general law he would be entitled to about $30 a month. He In view of fhese facts your committee believe t~at the Pension Office was in error in rejecting the claim on the ground that the disability was due to is disabled now and is clearly entitled to $12 a month, and I hopeJ vicious habits, and they therefore recommend the pas5age of the bill. he will be pensioned. Mr. THOMAS. Mr. Chairman, I offer the amendment I send Mr. TALBERT. It seems from the report that he was in the to the desk. service bnt a few months. The Clerk read as follows: Mr. POOLE. A year andahalf. _ In lines 5 and 6 strike out the words" of Oriskany Falls, N.Y.," and in line Mr. TALBERT. He had no organic disease. He had a little 7 strike out "at the rate" and insert the words " and pay him a pension." lump on his knee, and hie pulse beat a little fast. From the report The amendments were agreed to. of the board there seems to be nothing serious the matter with The bill as amended was laid aside to be reported to the Honse him. I do think that it is an unjust claim and ought not to pass. with a recommendation that it do pass." Mr. THOMAS. Will the gentleman from Sou-th Carolina [Mr. FRANCIS BROWN. TALBERT] allow me to perfect the bill, no matter what may be done with it hereafter? The next business on the Private Calendar was the bill (S. 646) Mr. ERDMAN. Mr. Chairman, I desire to say a word or two. for the relief of Francis Brown. The CHAIRMAN. The gentleman from Michigan [Mr. The bill was read, as follows: THOMAS 1 offers an amendment, which the Clerk will report. · Be it enacted, etc., That the Secretary of the Inte1ior be, and he is hereby, directed_!;oplace on the pension roll the name of Francis Brown, late of Com The G1erk read as follows: pa.n,y B, Fifth Massachusetts Cavalry, subject to the limitations of the gen In line 3, after the word "hereby," insert "authorized and." eral pension laws. In line 6 strike out "at " and insert "and ;I?BY him a pension of." Mr. ERDMAN. I ask for the reading of the report. Amend the title so as to read "A blll granting a peDSlon to Francis Brown.,. The report (by Mr. PooLE) was read, as follows: Mr. ERDMAN. Mr. Chairman, I am a member of the com.. The Committee on Inv&lid Pensions, to whom was referred the bill (S. 61!6) mittee that reported this bill. From the report the Honse might for the relief of Francis Brown, bave carefully examined the same and report infer that this committee b.ad made an examination of this appli as follows: Francis Brown served in Company B, Fifth Massachusetts Volunteer Cav cant, and had seen fit to differ from the pension board that alry, from May 12, 1864, to October 31, 1865, when he was honorably discharged. examined him. If I were to sit here without making any objec He filed a clainl for pension under the act of June'/}'/, 1890 on August 28, 1890, tion, I might possibly be held also to have made an examination. which claim was re~ected July 13,1891. He filed another claim under said act, which was rejectea March 3, 1894., both rejections being on the ground, as The report says: alleged, of no ratable disability under said act. Your co~ttee are constrained to be governed by the evidence of their This bill has been passed by the Senate to place him on the pension rolls own senses. under the general pension laws. This is evidently an error, because he never claimed pension under the general law, and n e-ver alleged that his dis:W>ilities Well, now, I beg, as a member of the committee, to say that were of service origin. He does,. however, meet t he r equirements of the act my own sense certainly has never been consulted in this cas e. of June 'l7, 1890. He served nearly a year and a. half and was honorably dis- I know the members of the Honse are under the impression that chWi~td~egard to his disability he was examined in this city December i9 we in the committee pass upon these bills carefully and con 1893, by a board com-posed of physicians of high professional standing and siderately; that we present reports here which have received the great skill and expert.ence, who state in their report as follows: ' deliberate action and consideration of this committee. Now, I "Rheumatisnt.-Lumbar region and both knees slightly sensitive to pres sure and painful upon passive motion. say to you that that is not so. I refer, for instance, to the com "Heart.-Apex beat normal, action rapid and strong, organ very irritable, mittee meeting on May 28,1896, in which we passed the following sounds normal pulse rate 90--98, no organic disease. bills in the space of about an hour and a quarter. I desire the "O:d external aspect of left knee is a movable tumor, apparently of benign nature, 9 by 10 inches and measuring at base 17 inches in circumference. Is Clerk to read the statement as a part of my remarks. freely movable. Causes claimant to limp slightly. No evidence of vicious The Clerk read as follows: habits. Claimant is disabled, by reason of rheumatism, irritable heart, and tumor above described, for manual labor except of a light character." The maker of this report has seen this man and examined to some extent Number. Name. Date. Amount. Rank. the above-described tumor, and knows by personal observation that claim ant is greatly disabled, and your committee are constrained to be_ governed by the evidence of their own senses and the opinion of the three skillful and H.R.482L __ _ Arnett, A. J ______May 28,1896 $30. 00 Private. experienced surgeons who examined him carefully, taking measurements, H. R. 3903--- Brown, Olive·-----·----- Pension ___ _ Law. Do. ~:rather than by the opinion of the medical examiners, who never saw H. R.IU6'l' --- Barlow, Blanche E. _____ May 28.1896 25.00 Surgeon. H. R. 7375 ..•• Barrows,SuS&nL ______do~--·-- Law. Private. Your committee therefore recommend that the Senate bill be amended by H. R. 7290 ___ _ Benedict, C. W. ______do--·--- 17.00 Do. striking out all after the word "cavalry," in line 5, and adding "at $12 per H. R. 5661.--- Botsford, Anna E------_____ do------25. 00 Do. month," and that as amended it do pass. · H. R. 6285.--- Bacon, Ira. ______do--··-- 30.00 Do. The amendment recommended by the committee was agreed to. H. R. 697L __ _ Bucklew, Mary E--·---- _____ do------12.00 Do. s. 3182 ______Cunningham, Susan E .. _____ do------12.00 Do. Mr. TALBERT. Mr. Chairman, it does seem to me that this is H. R. 7336 ___ _ Crawford, J. B------· ...•. do ______00.00 Do. a very questionable bill. According to the report of the commit- H. R. 6755 ___ _ 30.00 Do. tee itself, it is a bill that ought not to pass. H. R. 8463---- 8.00 Do H. R. 6419 ___ _ =====at::::: 60.00 Major. It seems that this man filed a claim for pension under the act of H.R.886L:•. Dunn,gfi~i~~=~:::::::::: Bernard ______.•... do------72.00 Private. H. R.34$ ...• Donavan, Ma/gie ______do------June 27, 1890, on August 28, 1890, and the claim was rejected on the 12.00 Do ·, 13th of July, 1891. He filed another claim under the same act, H.R.~---- 60.00 Do . H. R.2235 ___ _ Law. Do which was rejected on the 3d of March, 1894, and, accordi.pg to the 12.00 Do language of the report: ~:~:~==== 20.00 Captain. • Both rejections being on the ground, as alleged, of no ratable disability und.er s. 287V------ ti!Jf/::~jj~~~ ~~~JI ::m: 8.00 Pn.vate. said act. H. R. 8805--- Harrington, C. W ------_____ do--·-·- 60.00 Do H. R. 9098--- 12.00 Do Now, there are three distinct times that this applicant was H.R.6884 .... ~l~~:aiiE~~:::::: ~====~~======12.00 Nurse. rejected by the Pension Bureau after a thorough investigation of H. R. 9060 ___ _ Kibele,Mary A ______do--·--- 12. 00 AssistantiJtll'fi geon. the facts. However, the report says here: H. R. 66()4 ___ _ 30.00 Private. He does, however, meet the requirements of the act of June 'l7, 1890. H.R.6215 ___ _ ~~~n?.A.~n::::=:::::: ::::=~~ ======50. 00 Do. H.R.S510 ___ _ Purdy, Alex ______do------12. 00 Do. This statement is made, when as a matter of fact he was rejected s. 3133 ______25.00 Do. on March 3, 1894, by the Bureau, and if he comes or came under H. R . 8524 ___ _ g~: l1i1~!!::::::::::: ====~~~ ======30.00 Do. the provisions of the general law, as a matter of course the Pen H.R.696lL .. Sanford, D. B ------••••. do--··-- 12.00 Do. sion Bureau would not have rejected the claim in 1891 and again H. R. 5307---- Sweet, Anna M------_____ do--··-- 12.00 . Do. H.R.«81 ... . Sample, Minerva.----·-- ...•. do------25. 00 Surgeon. in 1894. It seems to me to be a plain case of contradictory state H. R. 7420 ... . Sale, Elizabeth M. ______do------12.00 Private. ments. There is some mistake evidently, and this bill ought not .R. 7687---- Stafer, .ffiliza ---·------_____ do------12. 00 Do. to be passed. . .R.851L __ _ Tate, Anna M ------_____ do------12. 00 Do. I. R. 5263 ___ _ Willis, Henry·-·-_------____ _do------12.00 Do. I therefore move to lay it aside with an unfavorable recommen H. R.l942 ___ _ Walker, Charlotte L ______do------zr.oo _Major. dation. ,- , ' i ' ,, 842 CONGRESSIONAL RECORD-HOUSE. . J~U.A.RY 15, Mr. ERDMAN. Mr. Chairman, thirty-seven bills were consid ~his" is a movable tm;nor, appar~ntly of a benign nature." Now, ered and passed by the committee in the space of about an hour if I understand anything of med1cal terms. that means that this - and a quarter. The reports were directed to be written. These is a tumor which could have been easily removed and when bills carry an annual payment of about $10,000, and if you were removed, would have gotten rid of the only disabilicy this soldier to go into the market and purchase annuities for these people it had. would probably cost 8150,000. The work was done by this com That is all I desire to say. I am not given to making captious mittee in one brief hom· and a quarter, and you a.re to vote on them opposition to these private pension claims. I do not recollect without any further knowledge or consideration. If the House whether I was present in the committee on the 28th of May, think that is the right thing to do, it rests with them. But they when so many bills were passed in so short a time; if not, perhaps do not pass on it without having been told what the actual facts I was not doing my duty in that respect; but I have since exam are. ined this case very carefully, and have also read the report very Mr. POOLE. Mr. Chairman, in regard to the pending bill, I c.arefully; and as a member of this committee I do desire to pro want to say to the gentleman from Pennsylva.nia [Mr. ERmiAN] test against the passage of this bill. I think it is entirely devoid that I will acquit him of favoring that bill, and almost every other of merit and ought not to pass. bill that we have ever considered in the committee. In making :Mr. TALBERT. I move to recommit this bill. the report, which was read a few moments ago, there was a state The CHAIRMAN. The House is in Committee of the Whole, ment read which the gentleman, in referring to the report, has and the question is first on the amendment of the committee. omitted. I had the honor to make this report, and it contains the The amendment of the committee was agreed to. following vital statemen~. I say distinctly: The CHAIRMAN. The question now recurs on the amend The maker of this report has seen this man, a.nd examined, to some extent, ment offered by the gentleman from Michigan. the above-described tumor- The amendment was agreed to. He has a tumor which is simply horrible- The question was taken on ordering the bill as amended to be and knows by personal observation that claimant is greatly disabled, and laid aside with a favorable recommendation; and the Chairman your committee- announced that the ayes seemed to have it. Mr .. TALBERT. Division, Mr. Chairman. using_the usual wording in a committee report The committee divided; and there were-ayes 63, noes 5. . and your committee are constra.lned, etc. Mr. TALBERT. No quorum. · The gentle~an omitt.ed to read the first part, in which I ex The CHAIRMAN. The gentleman from South Carolina makes pressly stated that I had personally examined the man. He is a the ~oint of no quorum. The Chair will ascertain. [After count colored man, who served a year and a half, instead of about five ing,J One hundred and nineteen gentlemen are present; a quo months, as stated by the gentleman from South Carolina [Mr. rum appears to be present; the ayes have it, and the bill is laid TALBERT]. He is a very poor man, and the case is one of very aside with a favorable recommendation. great distress. I hope the bill will pass. Mr. FENTON. , Mr. Speaker, I desire to call up the Senate bill Mr. TALBERT. Mr. Chairman, I want to correct what I said 2500. [Cries of "Regular order!"] I hope there will be no objec in regard to the service of Francis Brown. I do not want to do tion to this, if gentlemen will hear the report. It is very short. anybody an injustice. I said he had only served five months. I [Cries of "Regular order!"] find he served a year . and five months. I therefore make that correction. IRA H. SWEATT. However, I do not think he is entitl~d to a pension, and, as I The next buainess on the Private Calendar was the bill (H. R. said, this report seems t~ contradict itself, from the fact that he 1323) for the relief or Ira H. Sweatt. filed a claim for a pens1on under the act of June 27, 1890, on The bill was read, as follows: August 28, 1890, which claim was rejected July 13, 1891. He fiJed Be it enacted, etc.; That the-Secretary of the Interior be, and he is hereby, another claim under said act, which was rejected March .St 1894, authorized and directed to pay to Ira H. Sweatt, late of Company I, Thir teenth. New Hampshire Volunteers a dependent pensioner, the amount for both rejections being on the ground, as alleged, of no ratable dis which he is borne upon the rolls, and in addition he receive the amount which ability under said act. has already accrued to him while his name was borne upon said rolls. • Yet a little further down the rep~rt says: Mr. ERDMAN. Mr. Chairman, let us have the report read. This bill has been passed by the Senate to place him on the pension rolls The report (by Mr. PooLE) was read, as follows: under the general pension laws. This is evidently an error, because he never claimed pension under tlie general law, a.nd never alleged that his disabilities The Committee on Invalid Pensions, to whom was referred the bill (H. R. were of service origin. He does, however, meet the requh·ements of the act 1323) providing for the payment of a pension already granted to Ira H. Sweatt1 of June 27, 1890. of Company I, Thirteenth New Hampshire Volunteers, submit the following report: · Now, he in fact made two applications under that very act, but Ira H. Sweatt enlisted January 1, 1864, and was discharged December 19, was denied a pension; so that it seems to me that there is a dis 1865. On September 10, 1870, he applied for a pension, alleging that while in front of Petersburg, Va.,in July, 1864,he contracted dnmbague a.nd malarial crepancy there which I can not explain. fever, and that as the result he had lost the use of both legs and his right Mr. MILES. I want to call your attention to a fact that you arm, and that ha could not walk with crutches. The pension was allowed, have overlooked, and in the line of your argument, that the rejec and he was granted a pension at the rate of $8 a month from the date of his discharge, in 1865, to May 10, 1871, and $20 a month from that date to June 3, tion was made- 1872, and $24 a month thereafter. Mr. TALBERT. Possibly so. I do not want to do the man an On the 30th of June, 1882, he was dropped from the rolls on the ground that injustice. tha disability for which pension was granted was not contracted in line of duty, but while absent without leave. . • Mr. MILES. It is in the line of your argument, and consistent On July 26, 1890, Ira H. Sweatt made application for a pension under the act with it. - of June27, 1890, alleging paralysis, which pension was allowed October 19,1892, Mr. TALBERT. What is the matter with it if it is all right? at $12 per month from date of the application, with a proviso that all pay ments under that certificate should be withheld until the Government could Mr. MILES. It was rejected in March, 1894. be reimbursed for all payments made under the first certificate. Mr. TALBERT. Then let it alone. The evidence examined by your committee shows that Ira H. Sweatt twice Mr. MILES. I am not favoring the bill, my friend. appealed to the Secretary of the Interior against the order dropping him from the roll, but without success. The present disability of the claimant is Mr. TALBERT. I move, Mr. Chairman, in view of theseincon beyond dispute, and is acknowledged by the Pension Bureau in granting him sistancies, in which my friend agrees, that the bill be recommitted the largest amount of pension provided for under the act of 1800; but the to the Committee on Invalid Pensions, so that they can bring it in trouble is that while the pension certificate says that he shall receive $12 pe.r I ~ month, all payments will be withheld until in all probability this man will correct. and possibly the man will then get a pension. be in his grave. . Mr. MILES. Mr. Chairman, the ~entleman from California The committee are satisfied that the claimant has no resources; is abso refuses very properly to permit me to mterjec~ my speech into ~.is lutely helpless; that all moneys heretofore received by him as a pension (and which he claims he was honestly entitled to) have been expended in his sup remarks, but perhaps that does not matter, smce he agrees With port. In view of the facts set forth, the complete paralysis of the claimant, me; I hope, however, he will remember not to ask me to do the his poverty and present age, your comniittee believe that justice will be done • same thing for him. But I wanted to call his attention, and by passing this bill that provides that the pension granted Ira H. Sweatt by that of the House to the fact that the rejection was made several certificate dated October, 1892, be continued, and they r ecommend the pas sage of the bill, with an amendment striking out ali of the printed bill after months after the time when this local medical board made its the word "Volunteers," in line o, and in place thereof· inserting "a pension examination, which has been made a part of this report. The of $12 per month from the passage of this act under certificate No. 121,803, pension claim was rejected by the Pension Office in March, 1894, issued October 27, 189'2, and no part of it shall be retained by any authority and the report of this local examining board was made in Decem to reimburse the Government for any pension heretofore paJ.d." ber, 1893. So that the man's condition as it was seen by this local Mr. KIRKPATRICK. Mr. Chairman, I am heartily in favor of medical board was surely passed upon by the Pension Office in the amendment, and believe that the bill as amended should pass. the following year. .l would like to call the attention of my friend I desire, however, before the vote is taken, to make a brief state from New York [Mr. PooLE] to the fact that, after all, this med ment. I have been a member of the Committee on Invalid Pen ical report does not carry with it that significance which he sions ever since the convening of this Congress, and I believe that attaches to it. I know my friend is always fair and just, and I during that time I have been absent on only one occasion. The do not wish in this instance to unduly criticise him or his report; rapid manner in which we have transacted the pension business -but I want him to notice the fact that this report from this medi of this House has been mf!.de manifest by the gentleman from cal board, on which he lays so much stress, states expressly that Pennsylvania. I have attended every Friday night se.1sion with . .. \I 1897. CONGRESSIONAL RECORD-HOUSE. 843 the exception of one, and when this bill is passed I shall ask as a Somebody got up that testimony. He knew whether that testi personal favor that I be permitted to call up a bill. I have never mony was true or false. It must have been false testimony or his had a unanimous consent in this Congress, and I shall now ask the pensiOn of $24 a month would have been continued. He allowed favor of calling up a short bill in which I am much interested. that false testimony to go to the Pension Office; and he drew first Mr. MILES. Mr. Chairman, I desire to say to my friend that $8, then $10, then $20, and then $24 a month a-s pension. And still I think be will find there will be no opposition to his·very reason the gentleman stands here and would have this House believe that able request upon this side of the House after this bill shall have this man knew nothing about the fraudulent testimony on which been disposed of. I do not, however, agree with him that the he drew this pension. Why, sir, it is a preposterous claim. And pending bill is a meritorious one. I think it is entirely lacking in I always grow especially vehement when I see efforts made to dis merit. I desire to call the attention of the House to a. few facts honor the pension roll. As a Southern man I protest against it. which I think they will find bear me out in that statement. The This pension roll hereafter is to be known as an American roll, report in this case states the facts in this case, and I hope gentle not a roll of the Northern soldiery alone. As was shown in the men will bear the facts in mind when they come to vote, and if case of a pension claim passed this aft-ernoon, Southern men are they vote in favor of the bill they will, in my judgment, vote in found on that roll. It is an American roll, Mr. Chairman, and I disregard of certain facts which ought to damn this claim for a would have it pure and clean. pension. This man applied for a pension away back in 1875 and Mr. THOMAS. I believe I am entitled to the :floor. was pensioned at the rate of $8 a month from the time of his dis Mr. KNox rose. charge in 1865 and drew that pension down to May 10, 1871. He Mr. THOMAS. I yield to the gentleman from Massachusetts drew a pension of $20 a month from that date to June 3, 1872, and [Mr. KNoxl. · a pension of $24 a month thereafter. · Mr. KNOX. Mr. Chairman, I have no disposition to contradict Now, I never was much of a mathematician, and I have not the professions of fairness made by the gentleman who has just taken the pains to calculate how much money this man drew, but addressed the committee. I have no disposition to contradict his gentlemen can see for themselves that it was quite a large sum. statements of the fidelity with which he has attended the m-eetings These facts being borne in mind, let us see what was ascertained of the Committee on Invalid Pensions. The only thing that I have ultimately after he had drawn this large sum of money. On the seen to militate against an opinion of his fairness is the earnest 30th of June, 1882-which I ask gentlemen on the other side to ness of the declarations he ha.s made in his opposition to this bill. note was long before the Democratic administration of the Pension It is unimportant to me or to this applicant whether the gentle Office began-on the 30th day of June, 1882, he was dropped from man is a Southern Democrat or a Northern Republican or a Pop the rolls on the ground that the disability for which the pension ulist. That has nothing to do with the question that the Commit had been granted had not been contracted in line of duty, but had tee on InvaHd Pensions was called upon to decide, and the question been contracted while the claimant was absent from duty without which is now before this Committee of the Whole, a question to leave, while he was, in other words, practically a deserter. He be decided upon the law and the evidence before us and the merits had drawn these different pensions, as I have stated, from 1865 to of the case. All I ask in the consideration of this case is th-at the 1882, and then the Pension Office discovered that during all that House recognize the facts "as they appear and the law which is time he had been drawing the money fraudulently, because the applicable to them. If it is unjust that this man should receive disability for which the pension had been allowed had been con the pension asked, I do not wish him to receive it. tra~ted while he was in the attitude of a deserter. These are the But what are the facts? This man, Ira H. Sweatt, is a resident facts, gentlemen, as you will find them set forth in this very of Lowell, in my district. I know him. He is totally disabled. report. I read further from the report: Both his legs are paralyzed, one arm is paralyzed, the other he On July 25,1890, Ira H. Sweatt made application for a -pension under the act can not bend at the elbow, and when he sits at the cobbler's bench of June27,1890, alleging paralysis which pension was allowed Octoberl9,1892, trying to eke out a living he strikes the blow with his hammer at S12 per month from date of the applic.ation, with a proviso that all payments under that certificate should be withheld until the Government could be reim from his shoulder. He is a totally disabled man. bursed for all payments made under the first certificate. He served in the. Army of the United States fer almost one · That was obviously a just and proper disposition of the case. year-from January to December. It ·is the uncontradicted evi The man was granted a pension at the latter date, with a proviso dence, from the :papers in the Pension Office, that while he was in that before he should draw it he should return to the Government the service he contracted dumb ague and malaria, whieh ·were the money which he had unjustly and unlawfully drawn from the followed by paralysis. He went home in December, 1864. public Treasury. Mr. MILES. Will the gentleman allow me a single suggestion? Now, I have never stood here and made factious opposition to Mr. KNOX. Certainly, if it is upon a question of fact. meritorious pension claims, and I ask my friends on the Pension Mr. MILES. The gentleman started out with a very fair state Committee-for I, too, shall pass out of history as an American ment that he proposed to discuss the law and the- facts as they Congressman after the 4th of March next-I ask my friends on appeared somewhere or other; I do not know -where. Now, I that committee to bear witness to the fact that I have not done so. should like to know whence he has derived the information that I have tried to bejlist. I have .tried to treat Union soldiers fairly, the Pension Office has records to show that this man's wound was although I am a Southern man and a Democrat, and although, as of service origin. I stated here on a former occasion, the people from whom I sprang Mr. KNOX. He was not woundoo at all. Certainly the gen were a class of people whose hopes, aspirations, and sympathies tleman is not familiar with the facts of the case. went out after the :flag that was followed by Lee and Ja~kson Mr. MILES. I understood the· gentleman to maintain thatthis rather than for the :flag that was borne aloft by Grant and Sher man's injury was of service origin. man. But, notwithstanding all these considerations, I am here to Mr. KNOX. I say that while in camp before Petersburg, jn say now that, like my friend from South Carolina [Mr. TALBERT], the service of his country, he was taken with dumb ague and I have always tried to be just and to do my duty on the Pensions malaria. Committee impartially and conscientiously. I hope, therefore, Mr. MILES. Why, then, did the Pension Office discontinue his that the appeal which I now make will be heard in the spirit in pension in 1882 on the ground that his disability was· not of service which it is made. Do not, gentlemen, do not, I beg you, burden orjgin? your pension roll, which should be a roll of honor, with cases Mr. KNOX. I was coming to that point in a moment. He such as this, which tend to stamp it as a roll where deserters are contracted this disease jn the service; and when he was conva rewarded. lescing he was allowed to go home on leave. He had resided at Mr. THOMAS. Mr. Chairman, there is no attempt in this bill Holbrook, N. H., close to the Canadian line. He had left his or in the report to disguise the facts, and they are nearly as stated wife living with his brother, and in his absence hls brother had by the gentleman from Maryland rMr. MILES]. This man made exchanged his farm for a farm across the line. When he -went application and did receive a pension of $24 a month-first$10, then home, this disease which he had contracted at Petersburg was re $20, then $24. There is no charge on the part of the Department newed, and he was again prostrated, so that he was unable to that it was fraudulent evidence which secured him this pension. return to the service. Thus it did appear upon the records of the But it was the opinion of the Department, after a review of this Army that he wa-s absent without leave, because it did not appear case, that his disabilities were not due to service in the line of duty. then (as the gentleman can easily see) that after returning to his Mr. MILES. Will the gentleman allow me a question? home he had had this relapse, so that he was unable to go back to Mr. THOMAS. Certainly. the AJ.·my. Mr. MILES. . I do not know whether the gentleman is a lawyer Now, from that fact of his being absent without leave, the gen ornotr- tleman from Maryland has seen fit to tell this committee that this Mr. THOMAS. I have had some experience with lawyers. man was a deserter. He was prostrated by a relapse of thi~ very Mr. MILES. I think the gentleman must overlook what is cer disease, contracted in the service; and th~authoritiesofthe United tainly a legal implication from this action of the Pension Depart States, on an investigation of the circumstances, granted him an ment. If it was not a moral fraud, it was at lea-st a legal fraud, honorable discharge, as appears f1·om the records and the report by which this man drew this money from the Treasury. He must that is before you. And I ask the gentleman from Maryland if it have laid before the office some testimony upon the question is customary for the United States Government to give an honor whether or not his disability was contraded in the line of duty. able discharge to deserters from its Army? - 844 . CONGRESSIONAL RECORD-HOUSE. JANUARY 15, He is not, then, a deserter-, but an honorably discharged man, Mr. MILES. · Will the gentleman allow me one other question? who is totally disabled from a disease contracted, in my judgment, Mr. KNOX. Certainly. in the line of duty while in the service of the country. Mr. MILES. I suppose the gentleman understands that if the But leaving that question for a moment, on account of being claimant is in the condition in which he represents, he could have entirely helpless he received a pension running finally up to $24 had his case made special in the Pension Office. a month for a period extending from 1871 or 1872 up to 1882, when Mr. KNOX. Well, we could ·do a good many things, if they it was taken from him by an investigation set on foot by the Pen would let us. You and I have had some experience as to what we sion Office; an investigation, and I do not care who did it, or who are permitted to do in the Pension Office. The man is on the set it on foot, that in my judgment wa.s a contemptible, hiding, rolls alrea-dy. Now, I would say that there is not one scintilla of skulking investigation, behind a man's back, without giving him evidence in the Pension Office that there was any fraud upon the an opportunity to beconfronted with witnesses or be permitted to part of this man, or that, if this disease was not caused by his understand what character of evidence was given against him; army service, there is no evidence to show that he did not hon and he was a poor man, utterly unable to make such defense as estly believe that it was so caused, and he had the right so to he could have made when the action of the Department was set believe, as is shown by the testimony. before him. In my judgment, that pension was wrongfully taken The amendment recommended by the committee was agreed to. away from a totally disabled man and he ought to have had it The question being taken upon laying aside the bill with a favor restored promptly. able recommendation, on a division (demanded by Mr. MILEs) there But I make no contest for that now. We give it up; he has were-ayes 81, noes 5. lost it, and it has gone, perhaps never to be recovered. But under Mr. MILES. No quorum, Mr. Chairman. the law of 1890-the act of June 27 of that year-he applied for a The CHAIRMAN (after counting the committee). One hun.. pension as a disabled soldier. Is there any question on the evi dred and nine members are present. · The ayes have it, and the bill dence that av.pears of record that he is not disabled? Is there any is laid aside to be reported to the House with a favorable recom body who will deny, upon the evidence, that he is totally disabled? mendation. Is thera anybody who will deny that he was a soldier, that he was Mr. KIRKPATRICK. Mr. Chairman, I desire now to ask disabled in the service, and that he had an honorable discharge? unanimous consent to take up the bill H. R. 9795-- Why, then, was he not entitled to the pension accorded him?-be Mr. LOUDENSLAGER. I call for the regular order, Mr. cause he was granted a pension, and had an honorable discharge Chairman. to found the grant of a pension upon. What was the reason? The CHAIRMAN. The regular order is called for, which is The Pension Office said that from 1870 to 1880 he had been in re equivalent to an objection. The Clerk will report the next bill ceipt of a pension for total disability which was too large, and on the Calendar. that he had received some three or folll' thousand dollars in all, to WILLIAM R. HARLESS. which they claimed he was not entitled. · When the soldier went to Boston to get his small pension he The next business on the Private Calendar was the bill (H. R, 4629) granting a pension to William R. Harless. was to receive in lieu of the larger on~ that had been withdrawn from him, they said, "Call around some time after you have paid The bill was read, as follows: Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, the Government $3,000 or 84,000 that you have drawn improperly, authorized and directed to place upon the pension roll the name of William and you can talk to us about the matter. Call around some time R. Harless1 of Red Bank, Douglas County, Mo., late a soldier in Companies B in 1915 or 1920 "-years after the man will have been in his grave and E, Sixt;l~th Regiment Enrolled Missouri Militia, in the war for the sup " take some fifteen or twenty years to pay back the money that yon pression of the rebellion, a.nd pay him a pension at the rate of $12 per month. received;" and in the meantime the helpless soldier is without sub The Committee on Invalid Pensions recommended the following sistence. amendment: Mr. MILES. Will the gentleman allow a question? Strike out all between the word "Harless,:' in line 5, and the word "and~ in line 8, and insert in lieu thereof the woras "late private in Companies J:S Mr. KNOX. Certainly. and E, Sixtieth Regiment Enrolled Missouri Militia." Mr. MILES. Where is the evidence that the conversation yon The CHAIRMAN. The question is on the amendment offered have just detailed to the House ever took place? by the committee. Mr. KNOX. I do not claim that it is the exact conversation Mr. MILES. Let us have the report, Mr. Chairman. that took place. I say it was the substance of what was done; and The report (by Mr. CROWTHER) was read, as follows: neither you nor anyone else can deny that this m~n's pension was The Committee on Invalid Pensions, to whom was referred the bill (H. R. withdrawn from him.· !629) entitled "A bill granting a pension to William R. Harless," beg leave to Mr. MILES. I do not find any such conversation in the record. submit the following report, and recommend that said bill do pass with l\1r. KNOX. I do not pretend to say that that was what was amendments: William R. Harless served as a. private in Company B, Sixtieth Regiment said to this man. I was not trying to repeat a conversation; I was Missouri E.nrolled Militia, from July, 1862, to January, 1863, whl'n the com only relating the facts which took place and are not questioned. pany was diRbanded; also, he enlisted ~n a.s corporal Company E, Sixtieth Mr. MILES. I understood you were to discuss the law and the Missouri Enrolled Militia, under Captain Morton, in the spring of 1863, and served with it until the comp:ml was dishanded in January, 1864; he also facts. Now, the gentleman has detailed a conversation as a part served a. short period in Capt. B . .E. Cook's company of the St. Clait: County of the facts. I want to know what.the facts are, so that the House Missouri Militia. can take cognizance of the matter. The records of theW11.1' Department do not show that either of these organi zations were ever mustered into the United States service. Mr. KNOX. The gentleman knows that I was not nndertalring Claimant applied for pension June 13, 1881, for results of typhoid pneumonia to detail exactly a conversation that occurred. I was onlyspeak contracted at Quincy, Hickory County, Mo., which settled in back and hips. ing generally of the circumstances attending the taking away of The olaim was rejected on the grounds of .no ratable disability from alleged causes since date of filing claim. this man's pension, and I say it is a fair inference from the facts He filed a claim July 22, 1890, under act of June '.!7, 1890, for "affection of that did occtu. I was not present, of course, but it is a fair de back and hipt" which was rejected on ground of his not having been in the scription of what occurred. military &erVlce of the United States. Proofs have been presented to your committee showing clearly that the Mr. MIL.ES. The House can not take cognizance of such a fact claimant served, as alleged by him, in the Enrolled Missouri Militia about as that. one ·and one-half years. Mr. KNOX. I repeat, that it is a fair construction based on the On the question of disability claimant filed, September 10, 1885, the affidavit of Dr. M. R Osborn that he examined him and found a. general debilitated facts as they are known. condition. He was then suffering from varix of thigh and leg, chronic in They say to this man, "You shall receive a small payment of $12 flammation of bladder, and diseased condition had appearance ot long stand a month after you payback the three or four thousand that have ing and~rmanency. Disability three-fourths. been overpaid you." There is no law, .Mr. Chairman, there is no Dr. W. J. Gilbreath testified that claimant was afflicted with congestion of arteries and kidney disease, and the spinal column affected, lower end being act of Congress, which warrants any such practice as has grown curved inward; found a great amount of albumen in urine, and urine bloodyi up in the office of requiring these repayments. But I give that up. troubled with cramps, and arteries ruptured, and also hydrocel&-a case oi l do not insist upon that position. I will concede, if necessary, that general disability to extent of three.-fourths at least. Dr. J. H. Hill testified to finding considerable tenderness over kidneys, there is such a law, and that the practice can be upheld by law; excessive flow of urine, and applicant complains of continuous pain in reg10n but the Pension Office itself, by a late decision of Assistant Secre of kidney~ and bladder, and varicosed veins of both legs and feet. tary Reynolds-a decision rendered within three months past Dr. L. K. Burdett filed ~rch 28,.1.891,. that c~a~t.su.ffered ~th varicose veins of both legs, rupture m left mgumal regiOn., IDJUry to hips and back, has held that a pensioner could not be called on to repay a pension and rheumatism. Has had eight ribs broken, three on right and five on left granted to him by the office-wrongfully, inadvertently, or erro side, and has heart disease, his disabilities amounting to three-fourths or neously granted-unless there is positive proof that it was done by mlfr~· J. T. Stewart testified March 28, 1891, that he has varicose veins in both fraud. legs and abdomen, hernia left side, injury to back and hips, and rheumatism Mr. ERDMAN. If that be the case, why does he not make appli and valvular disease of the heart, a.nd from having eight ribs broken. All of cation to have it determined by the Bureau of Pensions? his ailments are of long standing and of a permanent character and not aggravated from vicious habits. Ee had a severe cut with an ax, severing Mr. KNOX. I will answer that. When the decision of the lower third of fibula of left leg. ..A.2sistant Secretary was brought to the attention of the office, it He was examined by a board of exa.mining surgeons April4, 1883, who gave was after the bill was pending here; and I will say to the gentle him no rating. He has not been examined since by a regular board. man, in the case of this man I tho~ght his bill could be sooner Claimant filed ~rith the committee a numerously signed l?etition,certifyiJ!g to his service and the merits of his claim and asking for him a. pension of $1» got through Congress and give him relief much quicker than to per month; also the testimo11y of comradesiisetting f01·th that while a mem commence anew &nd go· through the Pension Office. ber of Company B, Sixtieth Missouri Enro ed Militia, he had a. bad spell of \ -- 1897. .OONGRESSION.&L RECORD- -HOUSE. 845 typhoid pneumonia that left him crippled in back and hips, and that in an A letter from the Secretary of the Interior, transmitting a reply engagement with the ~nemy ¥s horse forced him as~rid~ of ~small tree, to the House resolution of the 5th instant, I'elating to the home which caused rupture m lett s1de, and that from vaccmation hUf blood was contaminated by poison, whioh has affected him ever since. stead entries on certain Union Pacific land grants in Kansas-to Your committee believe him entitled to a pension, and recommend that the the Committee on the Public Lands, and ordered to be printed. bill do pass with the following amendment: Strike out all between the word "'Harless," in line 5, and the word "and," in line !}, and insert in lieu thereof the words "late private in ComJ):mies B and E, tiixtieth Regiment Enrolled Missouri Militia." REPORTS OF COMMITTEES ON PUBLIC BILLS AND Mr. ERDMAN. Mr. Chairman, it appears that the organiza· RESOLUTIONS. tions to which this applicant belonged were not in the service of Under clause 2 of Rnle XUI, bills and resolutions were severally· the United States. The records of the War Department show reported from committees, delivered to the Clerk, and referred to that they were not in the service of the United States. ·I shonld the several Calendars therein named, as follows: like to know whether these organizations ever rendered any serv Mr. FLETCHER, from the Committee on Interstate and Forei~ ice at all, and if they did, why we should not pension them all Commerce, to-which was referred the bill of the House (H. R. 916 ) together? . Why single out this one? Why not pension them all? to authorize the construction of a bridge over the Monongahe a. Mr. CROWTHER. Mr. Chairman, for the information of the River from the city of McKeesport to the township of Miffiin, gentleman, permit me to say that if he had been a constant attend Allegheny County, Pa., reported the same without amendment, ant at the meetings of the Invalid Pensions Committee, he would accompanied by a report ·(No. 2518); which said bill and report have learned something about the Missouri Enrolled Militia. were referred to the Honse Calendar. Mr. ERDMAN. I have heard a good deal about it. Mr. MILLIKEN, from the Committee on Public Buildings and Mr. CROWTHER. There is no doubt whatever about the serv Grounds, to which was referred the bill of the Senate (S. 105) ice of this regiment. There has been no doubt in the minds of entitled "An act for the erection of a public building at Aber the officials of the War Department about the service of the Mis deen, S. Dak., reported the same without amendment, accom· souri Enrolled Militia. The only reason why these men who per panied by a report (No. 2519); which said bill and report were formed service in these organizations have not been placed u~on referred to the Committee of the Whole Honse on the state of the the pension rolls is on account of the technicality m swearmg Union. them into the service. They were not sworn in by the regular Mr. PARKER, from the Committee on Military Affairs, to which mustering officers, but by officers detailed from the general head was referred House bill No. 9361, reported in lien thereof a bill quarters at St. Louis. They served under the command of United (H. R.10009) to increase the efficiency of the Regular Army Of the States officers. They served with the United States troops, and tJnited States and to localize the recruiting of re~i.ments in tim~ many of these militia performed four years' service in the Army of war, accompanied by a report (No. 2520); which said bill and of the United States. report were referred to the Committee of the Whole House on the Mr. TALBERT. Mr. Chairman, this is a very singular thing, it st.ate of the Union. seP-ms to me. By the report here I see that this gentleman served as Mr. TOWNE, from the Committee on Rivers and Harbors, to a private in Company B, Sixtieth Regiment Missouri EnrolledM:ili which was referred the bill of the House (H. R. 9756) to amend the tia, from July, 1862, to January, 1863, when the company was river and harbor a.ct of August 18, 1894, reported the same without disbanded, five or six months. It does not say what particular kind amendment, accompanied by'a report (No. 2522); which said bill of duty they were engaged inhor exactly where they were, except and report were referred to the Committee of the Whole House on ' thattheywereinMissouri. T e report further .,;ays that this man the state of the Union. enlisted again as a corporal in Company E, Sixtieth Em:olled Mr. SHERMAN, from the Committee on Interstate and Foreign Militia, under Captain Morton, in the spring of 1863, and served Commerce, to which was referred the bill of the House (H. R. with it until the company was disbanded, in January, 1864. 9935) to authorize the construction of a bridge across the Rio Mr. THOMAS. I ask the gentleman if he will yield to allow Grande River at El Paso, in the State of Texas, reported the same me to move that the committee rise? · with amendment, accompanied by a report (No. 2523); which said Mr. TALBERT. I will yield to the gentleman, certainly. bill and report were referred to the House Calendar. On motion of Mr. THOMAS, the committee rose; andMr.PAYNE Mr. CURTIS of Iowa, from the Committee on the District of having resumed the chair as Speaker pro tempore, Mr. CHARLES Columbia, to which was referred the bill of the House (H. R. W. STONE, chairman of the Committee of the Whole House on 9023) to prevent the spread of contagions diseases in the District the Private Calendar, reported that that committee had had under of Columbia, reported the same with amendment, accompanied consideration sundry bills, and that they had directed him to by a report (No. 2524); which said bill and report were referred report to the House, without amendment, and with the recom to the House Calendar. · mendation that they do pass, the bills ~. 8381, 1505, 1128, 1682; He also, from the same committee, to which was referred the H. R. 7821; with amendments, and with the recommendation thli.t bill of the House (H. R. 9099) for the regulation of cemeteries and as amended, they do pass, the bills H. R. 5981, 6215; S. 878; H. R~ the disposal of dead bodies in the District of Columbia, reported 2257, 2725, 5068, 7349; S. 646; H. R.132B; and that they had had the same with amendment, accompanied by a report (No. 2525); under consideration a bill (H. R. 1469) and had come to no reso which said bill and report were referred" to the House Calendar. lution thereon. He also, from the same committee~ to which was referred the Mr. THOMAS. I ask unanimous consent that the previous bill of the House (H. R. 9142) to regulate privies in the District question may be conside1·ed as ordered on these bills, with a limit of Columbia, reported the same with amendment, accompanied of ten minutes' debate on each bill. · by a report (No. 2526); which said bill and report were 1·eferred Mr. ERDMAN. Mr. Speaker, I do not think we shall have any to the House Calendar. trouble about it. There are one or two bills on which we might Mr. WELLINGTON, from the Committee on the District of want a longer debate. As the gentleman saw to-day, there was Columbia, to which was referred the bill of the House (H. R. 9704) no factious opposition to any of the bills on the Calendar of un to authorize the Washington and Glen Echo Railroad. Company finished business. to obtain a right of way and construct tracks into the District of Mr. THOMAS. The greatest trouble about it was that genUa Columbia 600 feet, reported the same without amendment, accom men who were not in attendance at the Friday night sessions panied by a report (No. 2527); which said bill and report were called for the reading of the reports. referred to the House Calendar. Mr. ERDMAN. I suggest that you may cut that off by asking Mr. HULICK, from the Committee on the District of Columbia, for the previous question. Yon will be recognized first. There to which was referred the bill of the House (H. R. 8499) in relation are several bills that need considerable discussion. I therefore to taxes and tax sales in the District of Columbia, reported the suggest that we do not agree upon that. There are one or two same with amendment, accompanied by a report (No. 2529); which bills that I should like to see discussed at greater length. said bill and report were referred to the Committee of the Whole Mr. THOMAS. I will withdraw the request, then. House on the state of the Union. The SPEAKER pro tempore. The gentleman withdraw~ the Mr. SHERMAN, from the Committee on Interstate and Foreign request. The hour of 10 o'clock and 30 minutes having arrived, Commerce, to which was referred the bill of the House (H. R. 9841) the House stands adjourned until to-morrow at 12 o'clock noon. to amend an act authorizing the West Braddock Bridge Com· pany to construct a bridge over the :Monongahela River from the borough of Rankin to Mifflin Township, reported the same with EXECUTIVE COMMUNICATIONS, ETO. out amendment, accompanied by a report (No. 2530); which said Under clause 2 of Rnle XXIV, the following executive C9m bill and report were referred to the House Oalendru:. munications were taken from the Speaker's table and referred as Mr. CORLISS, from the Committee on Interstate and Foreign follows: · Commerce, to which was referred the bill of the House (H. R. 9600) A letteJ.· from the president of the Washington and Great Falls to provide for aids to navigation, reported the same with amend Electric Railway Company, transmit~ the report of the op&ra ment, accompanied by a report (No. 2531); which said bill and· tions of the company for the year ending December 31, 1896, to report were referred to the Committee of the Whole House on the gether wit4 a list of the shareholders and the number of shares state of the Union. · held by each-to the Committee on the District of Columbia, and He also, from the ~ame committee, to which was referred the -. :wdered to be printed. bill cl the Honse (B.. R .. 9566) to provide for light-houses and othei 846 CONGRESSIONAL RECORD-HOUSE. JANUARY 16, aids to navigation, reported the same with amendment, a~com cruelty to animals in the District of Columbia-to the Committee panied by a report (No. 2532); which said bill and report were on the District of Columbia. 'I referred to the Committee of the Whole House on the state of the By Mr. BELKNAP: Petition of L. Coatsworth, J. W. Farster Union. - and W. C. Hawkins, all of Chicago, ill., favoring the passage of~ law requiring eight hours to constitute a legal day's work-to tha REPORTS OF COMMITTEES ON PRIVATE BILLS. Committee on Labor. By Mr. HILBORN: Resolution of the Merchants' Association Under clause 2 of Rule XIII, Mr. HURLEY, from the Commit of San Francisco, Cal., urging the completion of the Nicaragua tee on War Claims, to which was referred the bill (H. R. 9989) Canal-to the Committee on Interstate and Foreign Commerce. for the relief of Ella S. Claussen, widow .of Peter J. Claussen, By 1\ir. LORIMER: Paper to accompany House bill No. 10017 deceased, reported the same (Report No. 2528); which said bill to correct the military record of Ellis Bigfeather, deceased la~ and report were referred to the Committee of the Whole House. of C_ompany K, Third ~egiment .~dian Home Guards, fudian Temtory-to the Committee on Military Affajrs. PUBLIC BILLS, MEMORIALS, AND RESOLUTIONS. By Mr. PARKER: Resolutions of the New Jersey State Horti· Under clause 3 of Rule XXII, bills, resolutions, and memorials cultural Society, against the free distribution of seeds-to the of the following titles were introduced and severally referred as Committee on Agriculture. follows: By Mr. ROBINSON of Pennsylvania: Petition of 600 dtizens By Mr. WELLINGTON (by request): A bill (H. R.10003) con of Chester County, Pa., in favor of a bill to further protect the ferring the rank and pay of warrant officers in the Navy upon the first day of the week as a day of rest in the District of Columbia three clerks on duty in the office of the Superintendent of the to the Committee on the District of Columbia. Naval Academy, at Annapolis, Md.-to the Committee on Naval By Mr. Vf A!lNER: Resolution of Homer J?os~, No. 263, Depart Affairs. ment of lllmo1s, Grand Army of the Repubhc, m sympathy with Also, a bill (H. R. 10004) to authorize the Chesapeake Beach the Cubans-to the Committee on Foreign Affairs. Railway Company, of Maryland, to exted its line into and within By Mr. WELLINGTON: Petition of Anna Anderson widow of the District of Columbia-to the Committee on the District of Jacob Anderson, late of Company B, First Regiment 'Maryland Columbia. Cavalry, for her relief-to the Committee on Invalid Pensions. By Mr. GILLETT of Massachusetts: A bill (H. R. 10005) fixing Also, petition of Levi Montgomery, late of Companies E and B, .· the a;ge for retirement from the classified civil service-to the Com First Regiment Maryland Volunteer Cavalry, for his relief-to mittee on Reform in the Civil Service. the Committee on Invalid Pensions. By Mr. LINTON: A bill (H. R. 10006) to prevent the desecra AL.;;o, petition of Wilford C. McCardell, late of Company I, First tion of the national flag-to the Uommittee on the Judiciary. Regiment Maryland Cavalry, for his relief-to the Committee on By Mr. WOODMAN: A bill (H. R. 10007) to amend an act Invalid Pensions. . entitled "An act to incorporate the Brightwood Railway Com Al::;o, petition of the administrator of Emanuel McCoy, a Mexi pany "-to the Committee on the District of Columbia. can soldier, asking relief in the matter of funeral expenses, etc. By Mr. CORLISS: A bill (H. R.10008) to improve and remodel to the Committee on Pensions. the old post-office building and erect a bonded warehouse upon By Mr. WILSON of Ohio: Petition of Julius L. Lust and 17 the grounds of the United States located at the corner of Larner others, of Pickaway County, Ohio, favoring a pension to John and Griswold streets, in the city of Detroit, Mich.-to the Com Shisler, of Circleville, Ohio-to the Committee on Invalid Pensions. mittee on Public Buildings and Grounds. By Mr. LIVINGSTON: A bill (H. R. 10010) to provide a site and erect a public building in Covington, Ga.-to the Committee HOUSE OF REPRESENTATIVES. on Public Buildings and Grounds. . SATURDAY, January 16, 1897. By Mr. SPENCER: A bill (H. R. 10011) to authorize the Secre tary of State to purchase the Island of Cuba-to the Committee The House met at 12 o'clock m. The following prayer was offered by the Chaplain, Rev. HENRY on Foreign Affairs. . N. OOUDEN: By Mr. FAIRCHILD: A bill (H. R. 10012) relating to the im We come to Thee, Almighty God, our heavenly Father, with provement of Eastchester Creek, State of New York-to the Com renewed faith and confidence to-day, giving Thee hearty thanks for mittee on Rivers and Harbors. all the blessings which Thou hast bestowed upon us. Especially do By Mr. HILBORN: Memorial of the senate of the State of Cali we thank Thee for those warm, life-giving currents which are fornia, relative to the tariff-to the Committee on Ways and ever emanating from Thy great heart, and which come sweeping Means. through the souls of men, inspiring them to larger conceptions of Thee, of life, and its profound duties. Make us more and more PRIVATE BILLS, ETC. susceptible to these things, that our lives may be so ordered that Under clause-! of Rule XXII, private bills of the following titles when we pass from this existence men shall rise up and call us were presented and referred as follows: blessed; and when we reach those heavenly portals we shall find By Mr. CATCHINGS: A bill (H. R. 10013) for the relief of our names written on the Book of Life, and hear the words, '' Well John Noble, of Bolivar County, Miss.-to the Committee on War done, good and faithful servant, enter thou into the joy of thy Claims. Lord." This we ask in the name of Jesus Christ, our Lord. By Mr. ELLETT: A bill (H. R. 10014) to compensate Gen. Amen. Dabney H. Maury for his cavalry tactics-to the Committee on The Journal of the proceedings of yesterday was read and Claims. approved. By Mr. HILBORN: A bill (H. R. 10015) referring the claim of BRIDGE ACROSS THE COLUMBIA. RIVER, STATE OF WASHINGTO ', HannahS. CJ.·ane et al. to the Court of Claims-to the Committee Mr. DOOLITTLE. Mr. Speaker, I ask that the billS. 3375 be on Claims. taken from the Speaker's table and put upon its passage. It ia By Mr. KIEFER: A bill (H. R. 10016) granting a pension to identical with the bill H. R. 9922. Jane B. Johnston-to the Committee on Invalid Pensions. The SPEAKER. Is the House bill on the Calendar? By Mr. LORD1ER: A bill (H. R. 10017) for the relief of Ellis Mr. DOOLITTLE. The House bill is on the Caiendar, and has Bigfeather-to the Committee on Military Affairs. been reported by the Committee.on Interstate and Foreign Com By ~1r. OGDEN: A bill (H. R. 10018) for the relief of the estate merce. of Phillip Poete, deceased, late of Natchitoches Parish, La.-to The SPEAKER. Then it would come up as a part of the regu the Committee on War Claims. lar order, if it is a Senate bill carrying no appropriation. By Mr. OVERSTREET: A bill (H. R. 10019) for the relief of Mr. DOOLITTLE. It carries no appropriation. William H. Webster-to the Committee on Invalid Pensions. The SPEAKER (continuing). If it is substantially the same as By 1\fr. SULLOWA Y (by i·equest): A bill (H. R.10020) grant a House bill already reported, and if the committee wants it ing a pension to Louise Van Atter-to the Committee on Invalid to Pensions. come up. By Mr. WILSON of Ohio: A bill (H.R.10021) granting a pen- Mr. DOOLITTLE. Yes, sir. It is jdentically the same as the House bill. sion to John Shisler-to the Committee on Invalid Pensions. · The Senate bill was reported at length. The SPEAKER. The question is on the third reading of this PETITIONS, ETC. bill. Under clause 1 of Rule XXII, the following petitions and papers Mr. TERRY. I should like to understand exactly how this bill were laid on the Clerk's desk and referred as follows: comes up here under the rule. By M1·. A VERY: Memorial of the State board of health of The SPEAKER. This is a Senate bill, which does not require - Michigan, in favor of the passage of the bill to provide for a per reference to the Cotnmittee of the Whole House on the state of manent census set-vice- to the Committee on Appropriations. the Union, a bill substantially like which, not necessarily identi Also, memorial of the Michigan State board of health, a~ainst capy the same, is on file and has been reported by a House com the passage of Senate bill No. 1552, for the further prevention of mittee. eases Mr. ERDMAN. Let us hear the report. contracted while in the United States military serVIce. The board of surgeons at Rome, N.Y.. by whom he was examined on Sep The report (by 1\fr. THOMAS) was read, as follows: tember~. 1892, stated that they found claimant in bed, to which he had been The Committee on Invalid Pensions, to whom was referred the bill (H. R. confined for ten years. He was unable to sit or stand, and without perce-p 5008) granting a pension to Jane Cunningham, report as follows: tion of light. Could not button his clothes or feed himself. They carefully James Cunningham, husband of the claimant, enlisted January 25,1864, and examined all the parts usually afi'ected by venereal disease, and found t hem was discharged July 3,1865, after serving over a year and a half. He was free from any evidence of having ever been affected thereby. In their opin wounded in the thigh at the battle of the Wilderness. He was pensioned for ion venereal disease is not a factor in his disabilities. that wound, but for disease of eyes contracted in service he had difficulty in Dr. Foster P. Utley, of Danville, N.Y., testifies that claimant's d.i£ability furnishing evidence to satisfy the Pension Office. He became almost totally could not be of venereal origin, as he never heard of such a case r esulting blind, was unable to do anything for the support of his family, felt himself a from venereal disease. burden. his claim for disease of eyes was not acted upon, he became despond The claim was evidently rejected principally on the t estimony of Dr. James ent, brooded upon his poverty and helplessness, and finally, as is believed, in H. Glass and Dr. Judson J. Kilbourn, surgeons at St. Luke's Hospital, Oneida, an attack of at least temporary insanity, caused by his poverty and distress, N. Y., where claimant went for treatment in 1885, both of whom were young resulting from the disease of eyes contra~ted in service and in line of duty, men who knew nothing of him aside from what they learned during his thra. he committed suicide. mouths' stay in hospital, neither of whom has any knowledge that he ev• 1897.• CONGRESS!ONAL RECORD-HOUSE. 84Ii