1910 CONGRESSIONAL RECORD-SENATE. FEBRUARY 19,
SEN.ATE. of a service-pension law; which were refened to the Committee on Pensions. WEDNESDAY, February 19, 1896. Mr. SQUIRE. I present a petition of citizens of St. Augustine, Prayer by the Chaplaint Rev. W. H. MILBURN, D. D. Fla., recommending the pa~sage of the bill (S. 1159) to provide The Journal of yesterday's proceedings was 1·ead and approved. for fortifications and other seacoast defenses. This petition I handed to the Senator :D.·om Florida nearest me [Ur. PAsco]. He POST-OFFICE MAIL BAG REPAIR DIVISION. stated that it is signed by influential and responsible people repre sen"ijng the business interests of that part of the State of Florida, The VICE-PRESIDENT laid before the Senate a communication but he declined to present the petition himself, because he said from the Postmaster-General, transmittillg, in further response to he regarded it in some sense as a compliment to me as the intro a resolution of the 5th instant relative to the mail bag 1·epair shop ducer of the bill, the petition having been sent to me. of the Post-Office Department, an abstract from the rolls for the The petition sets forth that, "in view of the great commercial first fifteen days of February, 1896; which was read. interests centering in our seacoast cities and of their present de Mr. GALLINGER. I ask that the letter be nrinted and lie on fenseless condition," the bill for the defense of our 'harbors and the table. The Senator from South Dakota [Mr. KYLE], who is seaports should receive attention at the hands of Congress. interested especially in this matter, is not present. I move that the petition be referred to the Committee on' Coast The VICE-PRESIDENT. It will be so ordered. Defenses. Mr. CALL. I desire to say, without detaining the Senate, that The motion was agreed to. I have been requested by some of the employees of the mail bag Ml·. SQUIRE presented a petition of the common council of Lyn repair shop to state that the foreman, Mr. Cullen, and Mr. Tyler: den, Wash., praying for the speedy construction of the Nicaragua who have been somewhat implicated in the statements and charges Canal; which was referred to the Select Committee on the Con heretofore made or implied, are-, in the opinion and judgment of struction of the Nicaragua Canal. these employees, both capable and efficient men and entirely in He also presented a memorial of sundry citizens of Ta-coma, nocent of any charges_ of neglect or improper conduct. I know Wash., r emonstrating against the appropriation of public money both of these persons, and I regard them both as men of character for sectarian institutions; which was referred to the Committee and integrity, and as capable officers in every respect, conside-rate on the Judiciary. of the employees and their interest and that of the Government. He also presented a petition of sundry citizens of Klickitat I ~esire to make that statement in this connection. County, Wash., praying for the ena-ctment of legislation to protect PETITIONS .A.ND MEMORIALS. agricultm·al staples by an export bounty; which wa referred to the Committee on Agriculture and Forestry. The VICE-PRESIDENT presented sundxy petitions of citizens Mr. CAMERON presented amemol'ialof theNationnl Woman's of Washington, D. C., praying for the passage of Senate bill Christian Temperance Union, remonstrating against the introduc No. 1886, or some similar measure, requiring the Ec1rington and tion of military instruction in the public scho9ls; which was Soldiers' Home Railway Company to adopt rapid transit on its referred to the Committee on Education and Labor. lines, and remonstrating against the extension of the tracks of He also presented resolutions adopted by the Farmers' Institute that company until its existing lines are modernly equipped and of Kennett Square, Pa., favoring the step taken by :::)ecretary Mor operated; which were referred to the Committee on theJudiciary. ton in refusing to distribute seed at public expense; which were Mr. SEWELL presented a concurrent resolution of the legisla ordered to lie on the table. ture of the State of New Jersey, relative to the passage of a bill to Mr. GEAR presented the petition of Rufus L. B. Clarke, a citi establish a military and national park upon the Palisades of the zen of the United States, praying the Senate to investigate the Hudson; which was referred to the Committee on Military Affairs, matter of his removal from the office of examiner in chief of the and ordered to be printed in the RECORD, as follows: . Patent Office, and remonstrating against the power of the Presi Concurrent resolution. Relati'Ve to the passage of a bill by Congress to estab- dent to make such removal; which, with the accompanying paper, lish a military and national park upon the Palisades of the Hudson was referred to the Committee on the Judiciary. He also presented the petition of John Leazer and 306 other cit Whereas a bill has been introduced and is now pending in the House o · p-k resentatives, known as House bill2187, to establish a military and national izens of Keokuk, Iowa, praying for the adoption of a constitu on the Palisades of the Hudson: Therefore tional amendment prohibiting the appropriation of money by the Be it resolved by the senate (the hO'Use of assembly concurrin.g), That the n ators of the United States and Representatives in Congress from New Jersey Government or by the respective States to aid any church or be respectfully requested to use their influence for and to urge the passage religious denomination; which was referred to the Committee on of said bill. the Judiciary. 2. And be it resolved, That a copy of this resolution, duly certified by the 1\!r. BATE presented sundry petitions of citizens of Tennessee president of the senate and speaker of the house, be sent to each of the Sen ators and Representatives in Congress from New Jersey. and sundry petitions of citizens of Georgia, praying for the ena-ct LEWIS A. THO:JitrPSON • ment of legislation for the relief of the book agents of the Metho President of the Senate. dist Episcopal Church South; which were refened to the Com LOUIS T. DEROUSSE, Speake·r of the House. mittee on Claims. Adopted by both houses of the legislature February 3, 1800. Mr. BUTLER presented a petition of the Woman's Christian Temperance Union of North Carolina, praying for the enactment Mr. PEFFER presented resolutions adopted at a meeting of of a Sunday-rest law for the District of Columbia; which was re Kansas people residing in Oklahoma Territory, signed by T. N. ferred to the Committee on the District of Columbia. · Athey, local secretary, Blackwell, Okla., praying for the enact He also presented a petition, in the form of resolutions adopted ment of legislation to relieve them in the matter of free homes, by the Bladen County Alliance, of Elizabethtown, N.C., express etc.; which were referred to the Committee on Public Lands. ing sympathy with Cuba and indorsing the 1\!onroe doctrine; He also presented a petition of the Woman's Christian Temper which was ordered to lie on the table. ance Union of Tescott, Kans., through its officers, praying for Mr. HOAR presented the petition of Francis Adams, pre-sident, the enactment·of a Sunday-rest law for the District of Columbia; Edward F. Slafter, and Albert Bushnell Hart, a committee of which was referred to the Committee on the District of Columbia. the Massachusetts Historical Society, praying that a sufficient ap He also p1·esented a petition of the representatives of the Reli propriation be made to enable the Secretary of State to p1·epare gious Society of Friends for Pennsylvania, New Jersey, and Dela the records and papers of the Continental Congress for early pub ware to the President and Congress of the United States, praying lication as a national document; which was referred to the Com for corresponding action on the dispute between Great Britain mittee on the Library. and Venezuela; which was ordered to lie on the table. 1\Ir. PASCO presented the petition of Rev. T. W. Moore, D. D., Mr. CHILTON presented the petition of N. W. Finley and sun and 19 other citizens of Quincy, Fla., praying for the enactment dry other citizens of Dallas, Tex., praying for the enactment of of legislation for the relief of the book agents of the Methodist legislation for the relief of the book agents of the Methodist Epis Episcopal Church South for the use, consumption, and destruc copal Church South; which was referred to the Committee on tion of the property of that corporation by and under the authority Claims. of the United States during the late war; which was referred to Mr. LODGE presented a petition of 61 citizens of Newton, New the Committee on Claims. ton Center, and Boston, all in the State of Massachusetts, praying Mr. LINDSAY presented a petition of sundry citizens of Rus for the passage of House bill No. 2626, for tpe protection of agri sellville, Ky., praying for the enactment of legislation for the I'e cultural staples by an export bounty, in order to equalize the lief of the book agents of the Methodist Episcopal Church South; benefits and burdens of the protection system; which was referred which was referred to the Committee on Claims. to the Committee on Finance. Mr. VILAS presented a petition,. in the foTm of resolutions Mr. WARREN presented the petition of Hugh J. Edwards and adopted at a meeting of the Commandery of Wisconsin, Military 67 other citizens of Cheyenne, Wyo., soldiers of the late war; and Order of the Loyal Legion of the United States, :praying for the a petition, in the form of resolutions adopted by William Nelson passage of the bill to establish a military park to commemorate Post, No. 97, Grand Army of the Republic, Department of Colo the campaign, siege, and defense of Vicksburg; which was referred rado and Wyoming, of Douglas, Wyo., praying for the enactment to the Committee on Military Affairs. 1896. CONGBESSIONAL RECORD-SENA~E. 1911
1 ORDER -oF PETil.TIONB. legisla;ture in my own State has :Sneh a rule; :and in a larg:e num- ber of legislatures throughout tne co1mtry the old 'Praetice r0f Mr. HILL. Mr. President, I hold in my h~d several hundred formally.risingandpreseutingpetitions, whiohareneverthereafter petitions which have bemrsent tome from various parts oftbe eoun- heard of or -very seriously considered, has bee-n dnne ·away with. try, and especiaUy from the State of New Ym·k. They.ha-veaccu- In the :presentation of these petitions this morning, and in con mulated during the past ten days. They relate princi-pally to ·the nection with this subject, I give .a notice which 1 send to th:e desk question, the im_portant question, of the sale of beer on Ellis Island. and aSk to have read. Ellis Island, -as the Senate well knows, is where the immigrants The VICE-PRESIDENT. The Secretary will -r-ead the Jl.Otiee. land on coming to this country. The persons .engaged .in this Th s t d f 11 movement have been veryindustrious and have prepared printed e ecre ary rea as 0 ows: petitions which have been circulated all over the country. I de- su~~~'fo~fl::~~ tt!tsa!;t!:O~~~!az~~~o:ve · to amend sire simply to read one of the petitions: "4. Everypetition or memm-jal sb:all be signed by the-petitioner or:m.emarial- . · t th •t States.c te f "D tati ist, and have indorsed thereon a brief statement of its contents, and shall be Petition o e u.ru e a oena .a-n a=.u.ouse 0 ·n The VICE-PRESIDENT. The Chair lays the joint resolution an act with reference to the postal service, reported the same fa before the Senate. vorably; with amendments, and moved its reference to the Com The joint resolution (H. Res.121) calling upon the Secretary of mittee on the Judiciary; which was agreed to. War for certain information in relation to the harbor at Mani Mr. VEST, from the Committee on Commerce, towhom was re towoc, in the State of Wisconsin, was read twice by its title. ferred the bill (S.1722) to approve and ratify the construction of Mr. HILL. Is that a joint resolution or a concun-ent resolution? a bridge a-cross the Sulphur River, in the State of Arkansas, by Mr. VILAS. I understand that there is now a necessity for both th.e Texarkana and Fort Smith Railway Company, reported it Houses of Uongress, under a recent law, to concur in such a reso Without amendment. lution. It is a joint resolution. He also, from the same committee, to whom was referred the . Mr. FRYE. It must be a joint resolution under the law. bill (S. 1724) authorizing the Kansas City, Watkins and Gulf Mr. VILAS. It must be a joint resolution under the law in Railway Company t9. construct and maintain a bridge across the order to obtain the information. Black River, in LouiSiana, reported it with amendments. Mr. HILL. And the President must sign it? He also, from the same committee, to whom was referred the Mr. VILAS. The other House have asked for the information bill (S.1725) authorizing the Kansas City, Watkins and Gulf and were obliged to put their request in the form of a joint reso Railway Company to construct and maintain a bridge across Red lution, as I was informed by one of their members, who desired River, at the city of Alexand1·ia, La., reported it with amend· me to call it up here. ments. Mr. HILL. And the President must sign it? Mr. WILSON, from the Committee on Public Lands, to whom Mr. HARRIS. Necessarily. was referred the bill (S. 927) for the relief of Chester B. Sweet, of Mr. VILAS. I suppose so. California, reported it without amendment, and submitted are Mr. HILL. Of course if it is a statute, a joint resolution, that port thereon. settles it. I rose to make the inquiry whether a concurrent reso Mr. LODGE, from the Committee on Foreign Relations, to lution is not the proper measure. Then the President, of course, whom was referred the joint resolution (S. R. 76) authorizing would have nothing whatever to do with it. Lieut. William McCarty Little to accept a decoration from the Mr. HOAR. I wish this matter might stand over until the close King of Spain, reported it without amendment. of the morning business. The Chair in his discretion may lay it Mr. PASCO, from the Committee on Claims, to whom was re before the Senate after the routine business is concluded. feiTed the bill (S. 278) for the relief of Olivia and Ida Walter, Mr. VILAS. I did not suppose that it would lead to one mo heirs and children of -Thomas U. Walter, deceased, reported it ment's objection or delay. with an amendment, and submitted a report thereon. Mr. HOAR. Let it go over until after the morning business. He also, from the same committee, to whom was refeiTed the bill The VICE-PRESIDENT. If there are no further petitions or (S. 482) for the relief of the estate of Thomas Sherwin, deceased, memorials, reports of committees are next in order. reported it without amendment, and submitted a report thereon. He also, from the same committee, to whom was referred the bill REPORTS OF COMMITTEES. (S. 652) for the relief of Nancy E. Day, administratrix of the estate Mr. MITCHELL of Oregon, from the Committee on Post-Offices of James L. Day, deceased, reported it without amendment, and and Post-Roads, to whom was referred the bill (S. 713) for there submitted a report thereon. lief of the legal representatives of Chauncey M. Lockwood, reported Mr. MORRILL, from the Committee on Finance, to whom was it without amendment, and submitted a. report thereon. referred the draft of a resolution presented by Mr. CuLLOM Fe~ He also, from the same committee, to whom was referred the ruary 12, 1896, directing the Secretary of the Treasury to close up bill (S. 534) for the relief of L. A. Davis, reported it without the sinking-fund account of the Pacific railroads, asked to be dis amendment, and submitted a report thereon. charged from its further consideration, and that it be refen-ed to He also~ from the same committee, to whom was referred the the Committee on Pa-cific Raih·oads; which was agreed to. bill (S. 190) for the relief of J. M. Billings, reported it without Mr. HANSBROUGH, from the Committee on Pensions, to amendment, and submitted a report thereon. whom was referred the bill (S.1119) granting an increase of pen Mr. WOLCOTT. I am directed by the Committee on Post-Of sion to Peter Daly, reported It with an amendment, and submitted fices and Post-Roads to report a bill, which I ask to be read twice a report thereon. and placed upon the Calendar with the accompanying report. As Mr. BACON, from the Committee on Naval Affairs, to whom soon as the report is printed I give notice that I shall ask the Sen was refeiTed the bill (S. 1211) authorizing and directing the SeCI·e ate to take it up at the earliest possible day. tary of the Navy to contract for the purchase of a lot of land op The bill (S. 2169) to regulate mail matter of the fourth class posite to the Gosport Navy-Yard, reported it without amend· was read twice by its title. ment, and submitted a report thereon. Mr. WOLCOTT. It appears that the custom has grown up in the different Departments of this Government of shipping as BILLS INTRODUCED. fourth-class mail matter, under a construction of the law which Mr. VEST introduced a bill (S. 2170) to authorize the Secretary is not in my opinion tenable, all sorts of material. The Treasury of the Treasury to grant temporary occupation of certain rooms Department ships great bundles of locks, electric motors, and in the United States building at Jefferson City, Mo., to the courts other heavy ironware all over the country free, and it is charged of Cole County, Mo.; which was read twice by its title, and re to the Post-Office Department. The Interior Department ships ferred to the Committee on Public Buildings and Grounds. roller desks and typewriters with their desks, which go aU over Mr. GRAY introduced a bill (S. 2171) granting an increase of the country free. The Coast and Geodetic Survey ships by mail pension to Margaret D. Sharp; which was read twice by its title, as fourth-class matter tents and tent poles and the baggage of its and referred to the Committee on Pensions. members. All this great weight· is carried in the mails of the Mr. HOAR introduced a bill (S. 2172) to authorize a r eliquida country free, against the protest of the Post-Office Department, tion of certain entries of merchandise; which was read twice by and is charged to the Post-Office Department and not to the De its title, and referred to the Committee on Finance. partment which ships it. He also introduced a bill (S. 2173) granting a pension to Mra. The abuse has grown to be so gross that additional men have Susan Mellsop; which was read twice by its title, and referred to to be employed at the leading post-offices of the country to handle the Committee on Pensions. the enormous and bulky freight, sometimes weighing from twelve He also introduced a bill (S. 2174) granting an increase of pen to .fourteen hundred pounds, which is turned in as fourth-class sion to Elizabeth D. Marthon; which was read twice bv its title, mail matter and shipped for nothing. At times the postal-car and referred to the Committee on Pensions. w doors have to be taken out and widened in order that this stuff Mr. LINDSAY introduced a bill (S. 2175) granting a :r:: en ion to may be carried free at the expense of the Government. James Loyd Young,late of Company A, Sixth Regiment Kentucky The amendment to the law which the committee has reported Volunteers; which was read twice by its title, and referred to the is to the effect that the matter emanating from the Department Committee on Pensions. must be written or printed, so that all packages of material must Mr. SHOUP introduced a bill (S. 2176) granting a pension to be limited to 4 pounds in weight or must be written or printed Thomas Pollock; which was read twice by its title, and referred matter emanating from the different Departments of the Govern to the Committee on Pensions. ment. He also introduced a bill (S. 2177) granting an increase of pen As I said, I ask that the report and the appendix which accom sion to Henry B. Conway; which was read twice by its title, and panies it may be printed, and I give notice that at the earliest possible referred to the Committee on Pensions. day I shall call up the bill and ask the Senate to act upon it, for Mr. BROWN introduced a bill (S. 2178) to provide for the pur the sooner the abuse is coiTected the better. chase of a site and for the erection of a public building thereon The VICE-PRESIDENT. The bill will be placed on the Calen at Salt Lake City, the capital of the State of Utah, and at Ogden; dar. which was read twice by its title, and referred to the Committee Mr. WOLCOTT, from the Committee on Post-Offices and Post on Public Buildings and Grounds. Roads, to whom was referred the bill-(S .. 2146) to amend section Mr. ALLEN introduced a bill .(S. 2179) regulating the disposi 4 of the act approved March 2, 1895, being an act amendatory of tion of lands granted in aid of the construction of what are known 1896. CONGRESSIONAL RECORD--:"-BENATE. 1913 as the subsidized or bond-aided railroads of the United States, and Mr. PEFFER. Let the resolution be Pru?Sed over, retaining its for other purposes; which was read twice by its title, and referred place. to the Committee on Pacific Railreads. The VICE-PRESIDENT. Is there objection to that course? ·Mr. ALLEN. In this connection, I ask the unanimous consent The Chair hears none. : . of the Senate to withdraw a resolution upon this subject intro MANITOWOC HARBOR IMPROVEMENT. duced by me on Monday last. The VICE-PRESIDENT . . The Chair lays before the Senate the The VICE-PRESIDENT. Without objection, the resolution joint resolution from the House of Representatives, for which the will be withdrawn. Senator from Wisconsin [Mr. VILAS] desires present considera- Mr. BATE introduced a bill (S. 2180) for the relief of the ~. ' . trustees of McDaniel's Chapel, Methodist Episcopal Church South, There being no objection, the Senate, as in Committee of the at Shellmound, Marion County, Tenn.; which was read twice by Whole, proceeded to consider the joint resolution (H. Res.121) its title, and referred to the Committee on Claims. calling upon the Secretary of War for certain information in Mr. WOLCOTT introduced a bill (S. 2181) for the relief of relation to the harbor at Manitowoc, in the State of Wisconsin. Robert J. Spottswood and the heirs of William C. McClellan, Mr. HILL. Will it not be sufficient. I ask the Senator from deceased; which was read twice by its title, and referred to the Wisconsin, to have that a concuiTent resolution? Otherwise it Committee on Post-Offices and Post-Roads. must go to the President to be signed. I can not think, unless Mr. FAULKNER introduced a bill (S. 2182) for the relief of we have passed some statute inadvertently, that Congt·ess has Anton Gloetzner; which was read twice by its title, and referred tied its hands so that it can not get one of these estimates from a to the Committee on the District of Columbia. Department of the Government without the approval of the Presi He also (by request) introduced a bill (S. 2183) further to amend dent. an act entitled "An act regulating the sale of intoxicating liquors Mr. VILAS. I have been trying to find the law with the aid of in the District of Columbia," approved March 3, A. D. 1893; which the chainnan of the Committee on Commerce, the committee from was read twice by its title, and referred to the Committee on the which the law emanated originally, but I am unable to find it. District of Columbia. Mr. BLANCHARD. If the Senator from Wisconsin will yield Mr. SEWELL introduced a bill (S. 2184) granting a pension to to me a moment, I am able to furnish him the law. William F. Johnson; which was read twice by its title, andre Mr. VILAS. Certainly. ferred to the Committee on Pensions. Mr. BLANCHARD. This)awwas passed, not inadvertently, as Mr. HOAR introduced a bill (S. 2185) pertaining to the sale of the Senator from New York seems to think, but-- liquor to Indians; which was read twice by its title, and referred Mr. HILL. Let me ask what is the law? Let us understand to the Committee on Indian Affairs. that. Is a joint resolution or a concurrent resolution required? Mr. PEFFER (by request) introduced a bill (S. 2186) granting Mr. BLANCHARD. I will read the law. In the river and a pension to Elizabeth E. Bay; which was read twice by its title, harbor act approved July 13,1892, the following provision may be and referred to the Committee on Pensions. found, being the last paragraph of that law: Mr. GALLINGER introduced a bill (S. 2187) to pension Thomas That after the regular or formal re:port on any examination, survey, pro~ F. Leahy; which was read twice by its title, and referred to the ect, or work under way or proposed IS submitted, no SUJ>plemental or addi Committee on Pensions. tional report or estimate, for the same fiscal year, shall be made unless Mr. COCKRELL -(by request) introduced a bill (S. 2188) grant ordered by a resolution of Congress. ing increase of pension to John J. Boatwright; w_hich was read l\Ir. HILL. That means not a joint resolution, but a concur twice by its title, and referred to the Committee on Pensions. rent res0lution, of course. Mr. CALL. I introduce by request a bill to provide for the Mr. BLANCHARD. · It does not contemplate such a resolution publication of a periodical which shall be known as the Congres as requires Executive signature, but it does require a resolution sional Cloture. I have not examined the measure and I do not which must be passed by both Houses of Congress. wish to be held responsible for it. I will state the reason briefly for the enactment of this law. The bill (S. 2189) to provide for the publication of a periodical Those who have been chiefly concerned with.river and harbor which shall be known as the Congressional Cloture was read improvement appropriations in Congress for some ~- years past are twice by its title, and referred to the Committee on Printing. aware that the aggregate of estimates submitted by the United Mr. ELKINS introduced a joint resolution (S. R. 81) to revive States engineers for all the river and harbor projects of improve the grade of Lieutenant-General in the United States Army; ment throughout the United States usually foot up from 835,000,- which was read twice by its title, and referred to the Committee 000 to $45,000,000 annually. Now, it has been found impossible to on Military Affairs. pass any river and harbor act of anything like that size. Accord ingly, the River and Harbor Committee.of the House and the Com THE REVENUE BILL AND SILVER COINAGE. merce Committee of the Senate have been under the necessity of Mr. CARTER. I offer a resolution and ask tha~ it be read for repor-ting. appropriations very much below the estimates of the information and that it lie on the table. I desire next Monday, engineers. They have been compelled to report appropriations or on such other day as may suit the convenience of the Senate amounting only to from 25 per cent to 50 per cent of the estimates. and when the public business will permit, to submit some observa With-estimates for a fiscal year amounting to about $40,000,000, tions upon the res.olution. and it being impracticable for the committee to bring in a river The resolution was read, as follows: and harbor bill for any such aggregate sum, it was found that to permit a resolution to be passed through one or the.other House R esolved, That the bill H. R. 2749, reported by the Committee on Finance with an amendment, be recommitted to that committee for further con calling upon the War Department for additional estimates to be sideration. piled on top of the $40,000,000 was simply adding to the embar The VICE-PRESIDENT. The resolution will lie on the table rassment already existing. So the matter ·was brought to the for the present. attention of the River and Harbor Committee of the House at the time when I had the honor to be chairman of that committee, SALES AND PROCEEDS OF SALES OF BONDS. and the Chief of Engineers appeared before the committee and Mr. LODGE. I offer a resolution and ask for its present con advised legislation.to prevent it. sideration. Mr. HOAR. May I ask-- The resolution was read, as follows: Mr. BLANCHARD. If the Senator will allow me one minute, R esolved, That the Committee on Finance be directed to investigate and it was deemed advisable to stop, in some measure, this custom that report generally all the material facts and circumstances connected with the had gt·own up of adding constantly, by the simple method of. sale of United States bonds by the Secretary of the Treasury in the years having one House ask for it, additional estimates to embarrass 11)94, 1895, and 1896, and how the proceeds of such bonds were disposed of, and to what purposes the said proceeds were devoted. the committees. So the provision I have read was incorporated in the river and harbor act of that year. Now I will yield to the The VICE-PRESIDENT. Is there objection to the present con Senator from Massachusetts. sideration of the resolution? Mr. HOAR. I desire to ask the Senator from Louisiana if under Mr. HILL. I should like to examine the resolution more care that law the concurrence of both Houses is necessary to this fully than I have time to do now, and I suggest that it go over. resolution? The VICE-PRESIDENT. The resolution will go over under Mr. BLANCHARD. The concurrence under this law of both the rule. Houses in the resolution is necessary. ALLEGED ASSESSMENTS IN THE POST-OFFICE DEPARTMENT. Mr. HOAR. Then I want to ask the Senator what he thinks of The VICE-PRESIDENT. The Chair lays before the Senate a this provision of the Constitution: Every order, resolution, or vote to which the concurrence of the Senate resolution of the Senator from Kansas [Mr. PEFFER], coming over and House of Representatives may be necessary (except on a question of ad fr.om a previous day. journment)·shall be presented to the President of the United States, and The SECRETARY. A resolution by Mr. PEFFER, instructing the before the same shall take effect shall be approved by him. Committee on Post-Offices and Post-Roads to make an investiga If it iS! necessary that both Houses concur, as the Senator states, tion as to the levying and collection of assessments for political how is it possible-that such a resolution can have any legal"effect purposes from employees of the Post-Office Department. . whateva without the President's approbation? 1914 CONGRESSIONAL RECORD-8ENATE. FEBRUARY 191 l:lr. BLANCHARD~ I belie-Ve .as regards coneur.rent resolu- · vidual members upon the War DepartmBnt for-papers, often :very tions it bas been the practice to pass them through both Houses, difficult to obtain., and sometimes necessary to be copied. and thns to giv.e force .and effect to them without being -submitted It seems to me a concunent re It is the bill to regulate marriages in the District of Columbia; and The VICE-PRESIDENT. The amendment reported by the com I ask unanimous consent for its present consideration. mittee will be stated. There being no objection, the Senate, as in Committee of the The SECRETARY. It is proposed to strike out section 6, as fol Whole, proceeded to consider the bill (S. 1904) to regulate mar lows: riages in the District of Columbia. . SEC. 6. That if any female under the age of 21 shall marry without the con Mr. HOAR. I should like to ask the Senator who reported the sent of her father or guardian,or,if she has none, of her m other, the supreme bill if it be intended as a complete code or collection of all the court of the District of Columbia shall, upon the p etition of ller n ext friend, commit her estate to a receiver, who shall give bond before th~ court and provisions of law in relation to the solemnizing of marriages, or shall hold the said estate and pay out the rents and profits thereof t o h~r is it merely by way of amendment? separate use, under the direction of the court until :She arrives at the age of Mr. FAULKNER. There are a number of provisions which 21 years, and at any time thereafter the court may direct the same to be are not absolutely obsolete in the statutes of the District which delivered to her as her sole and separate property. have been compiled under the authority of Cong:ress which are not The amendment was agreed to. affected by this bill. lih. FAULKNER. Section 6 having been stricken out, it is Mr. HOAR. I was led to put that question by the first section necessary that the numbers of the sections following should be of the bill, which provides: changed so as t0 conform to the new arrangement. That if any person intending to marry ~n the Distaict of Columbia be un The VICE-PRESIDENT. That order will be made, in the ab der 21 years of age and has not been preVIously marned., the consent of the sence of objection. father or guardian, or, if there be none, of the mother of such person1 sh~ll be given either p ersonally to the clerk of the supreme court of the D1str1ct of Mr. FAULKNER. In section [8] 7, on page 4, line 10, I move Columbia or his deputy, or in writing, etc. to insert: Suppose the father is in a distant country, suppose the person Whet her he or she is a citizen of the United States or of a foreign country desirous of marrying be a German, a Russian, or an Armenian, i_f a citizen of a foreign country, whether all the requirements of the laws and 20 years old, what is to happen if the law of the District, as relating to marriage in the country of which he o1~she is a citizen have been this bill leaves it, absolutely prohibits such marriage? complied with. · Mr. FAULKNER. If the persons appear before the clerk and The amendment was agreed to. admit that they are under the age prescribed by the statute and Mr. VEST. I have not the slightest objection to the general have no gu;trdian; I suppose it would be a prohibition, as would purpose of this bill, though I am not able to say what provisions be the case by the law of any State of which I have knowledge. in the Maryland statutes will be repealed by the last section; ..but Mr. HOAR. I think not, ·but I will not speak hastily-- I should like to ask the Senator from West Virginia who is in Mr. FAULKNER. The remedy can be applied at once by the charge of the bill why the marriageable age has been fixed at 21 party having a guardian appointed to give consent, when there is years in the first section as to both sexes. In the State of Mis no natural guardian. souri-I will not undertake to answer for other States-the age Mr. HOAR. I will not speak l1astily, but I suppose in most of of lawful consent upon the part of the woman is 18 yea1·s. the States that some fine or penalty is imposed upon the magis Mr. CULLOM. So it is in illinois. trate or clergyman performing a marriage in such cases, but that Mr. VEST. And I think, as Senators around me state, that is the marriage itself is valid. the provision generally in the statutes of the different States. Mr. FAULKNER. I do not mean to say that the marriage As a matter of course the obj.ectof these laws and of such a pro would be invalid, because, in my judgment-and I believe that is vision as I am now discussing is to prevent improvident mar the concurrence of authority-no marriage is declared invalid by riages, where it is to be presumed that the parties are not of the the court unless the language of the statute is such that it com age to give that maturity of judgment and legitimate consent that pels that conclusion as the intent of the legislature in passing it. ought to be given to a transaction so important as marriage. On :1\h. HOAR. I am entirely in sympathy with the Senator's de the other hand~ the statutes of every State, it goes without saying, sire to have the marriage laws in this District regulated by some ought to conform to natural law. I submit that when we say clear, simple, and just enactment, and I have no doubt that the that a woman 18 years old has not come to marriageable age it is Senator has made such a provision; but if it be true, as I under rather a strained conclusion, and one to which I think no man of stood the first answer of the Senator, that it is essential to the judgment would gi-ve his assent. As to a man, 21 years :is the age validity of the mal'riage of a minor, not merely as a matter for the at which he is presumed to have arrived at all the responsibilities punishment of a magistrate or a clergyman, but that it is essen of manhood throughout the different States of the Union; but tial to the validity of the man-iage, then the question I put becomes that is not so as to women. I suggest to the Senator from West a very serious one; and that·is, what is to happen if the parent live Virginia if it would not be better to make that limitation of 21 in a distant country and can not give his assent? Take the case years apply to the male sex, and as to women 18 years, and then of a young woman 20 years old. The Senator answers that the it would conform to the general provisions of the statutes of all matter can be remedied by having a guardian appointed who shall the States. give his consent. That suggests another question. Is there any Mr. FAULKNER. In reply to the Senator from Missomi, I provision of law here by which, there being no property, it not will state that that is exactly the way in which I myself drafted being intended to intrust the guardian with the care of property, that section, but the sentiment of the committee, after giving a guardian may beappointedforthemerepurposeof givingassent most thorEmgh examination to this bill, in fact more so than to to a marriage? any other bill I have ever known to be before it, holding two ses Mr. FAULKNER. I will answer that question by saying that sions on the subject, was adverse to my own vie\.s, and· they any next friend or the minor himself may have a guardian ap seemed to think that the age of both should be 21. Personally, pointed, where there is no natural guardian, in all the jurisdic I agree with the Senator from Missouri, that the age of the male tions that I know of. But if the Senator understood me to say should be kept at 21 and that of the female fixed at 18. If the that if a party under the age prescribed by the statute should Senator should offer an amendment to that effect, I should not marry, this provision would invalidate that marriage, he misun feel as if I could controvert the proposition contained in it. derstood me. Such is not my understanding of the trend of the Mr. GEORGE. Section 4seems,sofaras I can understand it, to decisions in this ,country. There is no provision of the section in make a very ra-dical, not to say revolutionary, change in the relation validating the man-iage by reason of one or both of the parties to marriages whicharenotconsummatedaccordingto law. Mar being under age, and under authorities construing such directory riage statutes have usually been construed to be merely directory, p1·ovisions I am satisfied the couTts, for that reason, would not and persons who violated them· were subject to penalties; but it avoid the marriage. has not heretofore, I believe, as to the meTe forms, ever been held Mr. HOAR. If the Senator will allow me to express my dissent or enacted that a marriage contrary to these forms consummated from his views of the law, with great deference, I did not suppose should be null and void. Certainly it would be a very extraordi that it was a rule of law in the jurisdictions with which I have nary position in which at least the alleged wife of one of these been familiar that a guardian could be appointed whether there marriages would find herself, if, after the consummation of the were property or not. I understand that guardians can be ap marriage, after living together for some time, it should be discov pointed by the proper courts always for persons who have the ered and then adjudged that the maniage was null and void from control of property, and that guardians ad litem may be appointed the beginning, and that she had been living in a state of unlawful to represent the interest of the minor in any particular legal pro cohabitation. ceeding, and that guardians may be appointed also in other cases Marriage laws have been carefully framed heretofore to pre especially provided for by statute, but I am not aware that there vent that state of affairs, although they have prescribed certain is existing in those places with which I am familiar any law by rules as to age, as to getting consent, as to license, as to the pub which a guardian can be appointed for the mere purpose of giving lication of banns, and all that sort of thing, yet the law up to this \ or withholding consent to the marriage of the minor, and for no time, generally at least, has been that, notwithstanding the omis other purpose whatever. If there be such a law in the District of sion to observe these forms, still the marriage is good if the par Columbia, I should like to see it. ties be above the age of what is called consent-12, I believe, in Mr. FAULKNER. I ask that the amendment reported by the the common law in a female, and 14 in a male. Committee on the District of Columbia to strikeout section6may After very careful reading of section 4, I believe under that sec be stated. tion that, unless all the forms prescribed in the statute be observed 1916 CONGRESSIONAL RECORD-SENATE. FEBRUARY 19, except one, the marriage is null and void; and I call-the attention but there are other persons not Quakers who have the same right. of the Senator from West Virginia to what I am nowabout to read: S~ I think the District of Columbia should follow what I suppose SEC. 4. That every marriage in this District shall be -lllldel! -license, and is the practice of all the States, and allow persons who deem mar- _ solemnized in the manner herein provided- . riage a civil contract, not a sacrament, to be lawfully married by Then follows this provision- a civil magistrate. but no marriage heretofore or hereafter solemnized by any p-erson professing In the next place, I think the bill should contain and not leave, to be authorized to solemnize the same shall be deemed or-adjudged to be considering the history of the law of this District especially, to void1 nor shall the validity thereof be in any way affected on account of any obscure or doubtful interpretation or construction the legality of want; of authority in such person. the marriage entered into by a young woman who supposes she is So the only case, according to this section 4, in which a mar lawfully married, and that the personmarrying her has the right riage contrary to the rules prescribed by this statute--shall not be to do that when in fact there is a mistake, where a minister of the void is the case where there is a want of authority on the part,of gospel is impersonated. Everyone who is familiar with English the person solemnizing it; that is-to say; that as to anything else, fiction or English history knows how often in past times in Eng any other nonobservance of the statute, the parties after marriage land young women of beauty and attraction were deceived by find themselves in a condition where they are not married. I call infamous and designing men. The plot of one of the most cele- ' the attention of the Senator and of the Senate to that. brated fictions, Goldsmith's Vicar of Wakefield, turns on that I should be unwilling to ever put upon the statute book any pro very thing; and it turned out that the person-- vision which would make void a marriage actually solemnized Mr. FAULKNER. I should like to know if the fourth section where the parties are of the age of consent, or where there was no does not answer that very point? · duress, or anything of that sort, which enabled the parties after Mr. HOAR. It turned out that the supposed minister of the wards to escape. gospel was not such, but was in fact a fraudulent person. It Mr. FAULKNER. I will say very frankly to the-Senatorfrom 8eems to me that ought to be put in unmistakable language. Mississippi that if his construction of that section is correct the Mr. FAULKNER. Is not the fourth section of the bill in un committee are unanimously opposed to the section, and the sec mistakable language? tion fails to accomplish the purpose for which it was inserted in Mr. VEST. Section 4 covers that point. the bill. It is a saving clause sustaining the validity of marriages. Mr. FAULKNER. I call the attention of the Senator from noncompliance in which provision some of the courts have held Massachusetts to that section. It gave me as much trouble to would be sufficient to invalidate a marriage. - draw as any section in the bill, and I think clearly expresses that As to the other subjects to which the Senator refers, such as idea. licenses, banns being published, etc., the Supreme Court of the Mr. HOAR. Perhaps it does. The fourth section escaped my · United States in passing upon questions arising under this old law attention at the moment. of Maryland has held that such provisions, as the Senator stated Mr. FAULKNER. As to the other point, I should like to say very properly, were directory, and therefore the marriage was not to the Senator from Massachusetts that I did not attempt to make invalidated by a failure to comply with them; but that the minis any radical changes in the law. I found the law in the District ter and the parties contracting the marriage were liable to the of Columbia in reference to marriage in such a condition that it penalties imposed by the statute. Where a party assumes to be a is a disgrace to the civilization of this country and to the capital minister, or where a person is married by a party not authorized of this nation. I regard marriage as one of the most important in any way to solemnize the rite of marriage, some of the -courts subjects of legislation, as on its validity depend not only legit have held that in such a case the marriage is invalid and void. imacy, but the transmission of property and all the rights that The object of this section is to correct and to relieve past and fu grow out of those two great subjects. For that reason it was ture marriages of that character, where the parties honestly be important the law should be amended, obsolete provisions repealed, lieved they were married by a person having authority to perform and full evidence preserved of the fact of marriages in this Dis that ceremony, so that the marriage could not be invalidated by trict. reason of that fact. - The provisions of the old Maryland act have been obsolete, un As to the provision relating to the honest belief on "the part of known, and unacted upon for many years. There has not been a the man or woman that the person solemnizing the marriage was marriage solemnized within the limits of the District of Columbia authorized to do so, I should like to obtain the judgment of the within the last fifty years which conformed fully with those pro Senator from Massachusetts [Mr. HoA.Rl, and I submit to him visions. The courts have wisely held them directory and sus that the only construction which can be f~rly put upon that sec tained the validity of the man'iage, but have left the parties who tion is that it does not permit the court to declare marriages in have violated its provisions amenable to its penalties. It is, there valid which have been solemnized by a person pretending to have fore, an important, urgent necessity that the law shall be amended the authority to perform such ceremony, but who, in fact, is not and those sections repealed, as publicity has now been ~iven to its clothed with that power, the parties contracting, or one of them, provisions, encouraging the malicious or the blackmailer to seek believing the person was authorized to perform the marriage rites. the enforcement of penalties prescribed by the terms of this an Mr. HOAR. I should like to ask the Senator from West Vir tiquated and forgotten law. ginia a question arising out of the-second and third sections of the I think the proposed law has been carefully drawn to remove bill. Suppose a man does not belong to any religious-society? the absurdities and doubts of the existing law, while at the same Mr. FAULKNER. Under those circumstances and under the time it modernizes and simplifies the law upon this importa.nt sub law of the District to-day he could not solemnize the rites of mar ject for the future. The reason the committee did not put in any· riage. He must belong to some religious society. clause giving civil magistrates authority over this subject was Mr. HOAR. Iamnotspeakingofthat; butitanswersonething that it had never existed in the District, and we did not deem it I should like to know. But suppose the persons to be married do wise to bring forward too many new questions, the main object not belong to any religious society; they may have a religion of in view being to secure the enactment of a law under which mar their own, or they may deny that they have any religion of their riages could be solemnized in the District without the contracting own, and they do not propose to agree to the doctrine of the church parties or the person authorized to officiate being subject to oner that marriage is a sacrament to be celebrated only by persons au ous penalties. thorized to administer the sacraments of the church, is it the pur Mr. HOAR. I beg the Senator's pardon, but there is a third pose of the framers of this bill not to allow such persons to be point that I think ought to be considered, besides the legitimacy married at all? of children and having a proper record, and that is the security 1\ir. FAULKNER. Yes; there is no question about that, pro of women who could be made the objects of artful and designing vided they decline to be married by a minister or one appointed and unprincipled persons. I think if we are going to pass any by his religious association to perform the ceremony of marriage. law on this subject it ought to contain what I believe every Sen Mr. HOAR. I should like to have added to this bill two things, ator will agree should be the law; that is, a provision that parties and I wish the Senator ft·om West Virginia would allow it to go who desire to be married by a civil magistrate may have that op over to enable me to prepare them. One is a provision for mar portunity. It will take only a line or two to draw it, to insert a. riages by either a justice of the peace or some other civil magis clause providing that parties may be married by a justice of the trate. I suppose it is needless to say that my opinions on such peace. · subjects would induce me to desire to have a relative of mine In the next pla~e, I think there should be some more distinct married according to the rites and forms of the religious denomina provision as to what is to ha.ppen if the parents be at a distance tion to which I belong; I have no scruple of my own, of course, and there be no guardian. I do not think that the question of the but there are a great many persons who do not wish to consent to right to appoint a temporary guardian under such circumstances, the forms of any religious society in existence. The Quakers, who, like a guardian ad litem, should be left to construction or infer of course, are protected by this bill, can not be conscientiously mar ence or doubt; it ought to be put into the law. I wish the Sena ried by an Episcopal clergyman. Of course this bill would prob tor would let his bill lie over one day and let that clause be in ably treat Quakers as a religious society without_ ordained minis serted. ters and recognize marriages according to their particular forms, Mr. FAULKNER. Of course I will comply "with the Senator's 1896. CONGRESSIONAL RECORD-- SENA.TE.· 1917 request; but if he inserts the provision a~thorizing ~he civil ma~ The bill (H. R.-5286) providing for disposal of lands lying within istrates to marry he will find that almost every section of the bill the Fort Klamath Hav Reservation, not included in the Klamath will have to be rewritten or amended. Indian Reservation, in Oregon, was read twice by its title, and Mr. HOAR. I think not. · referred to the Committee on Public Lands. Mr. FAULKNER. Yes; because the theory upon which the The bill (H. R. 5382) to authorize the K~ns~ City, ~ort S~ott bill is framed is that in the clerk's office of the superior court of and Memphis Railroad Company to extend Its hne of rallroa~ mto the District every question that involves the validity or the regu- the Indian Territory, and for other purposes, was read twice by larity of a marriage shall be of record. . its title, and referred to the Committee on Indian Affairs. Mr. HOAR. The civil magistrate can send his records there COLUMBIA HOSPITAL FOR WOMEN. just as well as clergymen. . · . . The VICE-PRESIDENT appointed Mr. FAULKNER a director, Mr. FAULKNER. With the understanding that the bill Will on the part of the Senate, of the Columbia Hospital for Women, be taken up to-morrow after the routine morning business,~ ~ to fill the vacancy caused by the expiration of his term as director. let it go over so that the Senator from Massaeh ~setts can exami~e It. Mr. VEST. Before the bill goes over I wish to make a sm~le ORDER OF BUSINESS. observation. At the suggestion of tlie Sen~tor fro~ West -yrr Mr. HALE. I move to take up the diplomatic and consular ginia I wi~l offer an amend~entnovy, so that if there 18 any obJec appropriation bill. tion to it It may go over With the bill. Mr. CALL. It is just 2 olclock. I hope the Chair will lay the In line 3 of the first section of the bill, between the words "any" unfinished business before the Senate before that is done, and then and "person," I propose to i~sert the word~' male";. so ~s to read I will give way. "if any male person intendmg to marry m the DIStrict of Co Mr. HALE. I have no objection to that, of course. lumbia and being under the age of 21 years." The VICE-PRESIDENT. The hour of 2 o'clock having arrived, Then' between the word "age" and the word "and," in the the C~ir lays before the Senate the unfinished business, which fourth line, immediately succeeding, I propose to in!3ert the w~rds will be stated. "and any female under 18 years of age." That srmply requrres The SECRETARY. A resolution reported by Mr. MORGAN from that the man shall be 21 and the woman 18 instead of 21. It the Committee on Foreign Relations, in reference to the ~ar in diminishes the marriageable age of the woman from 21 to 18 Cuba. . years, which I think is in the interest of the purity of woman and Mt. HALE. Let that be informally laid asidein order that the of society. appropriation bill may be taken up. I wanted however, to make one other observation before the The VICE-PRESIDENT. The Chair hea1·s no objection, and it bill went dver. I think it is eminently proper that marriages will be so ordered. should be solemnized in the District of Columbia by a civil mag Mr. GALLINGER. I desire to make the request that when the istrate where the parties desire it. It is very well known that appropriation bill is concluded, if there 1;>e tim~ for tha~ purpose, there are very reputable people and intellectual people in the we shall go to the Calendar for the consideratiOn of pnvate pen United States-yes, as the Senator from Delaware {Mr. GRAY) sion bills favorably reported by the Committee on Pensions. says, moral people-who have a p~ejudioo against bemg married The VICE-PRESIDENT. Is there objection? . by ministers of the gospel. It 18 not necessary for me to say Mr. HILL. I simply should like to move another bill and I do that I do not share in any such opinion, but it exists; and in a not want to be foreclosed; that is all.- Why not take up the un country like ours, where there is no u~on of ~h"!lrch an~ ~tate ~n_d objected cases upon the Calendar? Is· there any objection to that no interference by the Government With religiOus opmwns, It Is course? eminently proper that in this District, which belongs to all the Mr. GALLINGER. If the Senator insists upon that I shall people, there should be an absence of anything like religious legis gracefully yield, but I would much rather have the pension bills lation. passed, which would take a very short time. We have been in In all the States of the Union civil magistrates can perform the the habit of doing that in former Congresses. We have not had marriage ceremony as well as min~sters of the gos~el. In _the that privilege as yet during ~he present se8sion. State of Missouri we have a very strmgent statute which reqmres Mr. HILL. I shall not obJect. justices.of the peace or judges of courts of record, who can per The VICE-PRESIDENT. The Chair hears no objection to the form the marriage ceremony. to make return to the recorder of request of the Senator from New Hampshire, and it is so ordered. the county, who ke~ps .a book in which a record C?f. all ma:rriages is kept, and it is an mdictable offense for. these Civil ma~strates DIPLOMATIC AND CONSULAR APPROPRIATION BILL. to fail to make such return, because eVIdence of marriage and Mr. HALE. I ask that the diplomatic and consular appropri legitima-cy of children and of descent in a District 10 miles square, ation bill be proceeded with. where there can be only a limited number of civil magistrates, The Senate, as in Committee of the Whole, proceeded to con practically one city, for this District is ra_Pidly becoming the c~ty sider the bill (H. R. 4960) making appropriations for the diplo of Washington, there can be no sort of difficulty about a certifi matic and consular service for the fiscal year ending June 30, 1tl97, cate from the civil magistrates. which had been reported from the Committee on Appropriations Besides that, I make the general remark that it has been the pol with amendments. icy of all civilized and Christian countries to facilitate marriages, Mr. HALE. I ask that the formal reading of the bill be dis to encourage marriages, and it has been considered as against the pensed with, and that the amendments of the committee be con welfare of the state to throw any obstacle in the way of marriage. sidered as they are reached in the reading of the bill. Therefore, instead of closing the functions of the civil magistrates The VICE-PRESIDENT. Without objection, it is so ordered. to the performa~ce of this ~eremony, we o~ght to encoll!age_ it an_d The Secretary proceeded to read the bill. The first amendment give to every citiZen of this country wh~ IS ~ "Qe marned m thiS of the Committee on Appropriations was, on page 12, line 19, after District the privilege of going before a JUStic~ of the peace or a the word "Singapore," to insert "Cape Town (Africa)," and in judge of a court of record, as he can now do m any State of the line 21, before the word "thousand," to strike out "thirty" and Union. insert" thirty-three"; so as to make the clause read: The VICE-PRESIDENT. The bill will go over. Consuls-general at Apia, Constantinople, Dresden, Guayaquil, Frankfort, Mr. FAULKNER. I understand there is an understanding that Ottawa, Rome~t. Petersburg, Singapore, Cape Town (Africa), and St. Gall, it shall be taken up after the routine business is concluded to at $3,000 each, ~ . ooo. morrow morning. The amendment was agreed to. The VICE-PRESIDENT. Without objection, itis so ordered. The next amendment was, on page 13, line 4, to increase the GAINESVILLE, M'ALESTER AND ST. LOUIS RAILROAD COMPANY. total of the appropriations for salaries of consuls-genfjral under Schedule B from $102,000 to $106,000. The VICE-PRESIDENT laid before the Senate the amendment The amendment was agreed to. of the House of Representatives to the 'bill (S. 879) to amend an act The next amendment was, on page 13, line 6, before the word entitled "An act to grant to the Gainesville, McAlester. and St. ''thousand," to strike out "twenty-one" and insert'' seventeen"; Louis Railroad Company a right of way through the Indian Ter so as to make the clause read: ritory." For salaries of consuls, vice-consuls, and commercial agents, $417,000, as fol The amendment of the House of Representatives was, in line 10 lows, namely: of the enrolled bill, to strike out the word "three" and insert The amendment was agreed to. "two." The next amendment was, on page 14, line 16, after the word Mr. CHILTON. I move that the Senate concur in the amend "Nagasaki," to strike out "(and Osaka and Hiogo)" and insert ment of the House of Representatives. "and Osaka and Hiogo"; so as to make the clause read: The motion was agreed to. Consuls at Nagasaki and Osaka and Hiogo. HOUSE BILLS REFERRED. The amendment was agreed to. The bill (H. R.1889) granting an honorable discharge to F. L. The next amendment was, on page 16, line 21, after the word Taylor from December 2, 1894, was read twice by its title, andre "Barbados," to strike out "Cape Town (Africa)." · ferred to the Committee on Military Affairs. The amendment was agreed' liv.· • 1918 · CONGRESSIONAL RECORD-SENATE. FEBRUARY 19, The next amendment was, on page 21, after line 2, to insert: mittee made it an absolute appropriation instead of taking it out INSPECTION OF • 1896. CONGRESSIONAL RECORD-SENATE. from Alabama or the Senator from Florida that the Cuban resolu The bill was reported from the Committee on Pensions with an tions will not be taken up this afternoon? amendment, in line 8, before the word "dollars," to strike out :Mr. MORGAN. Yes. "forty" and insert "thirty"; so as to make the bill read: Mr. CHANDLER. Then I ask unanimous consent that no Be it enacted. etc., That the Secretary of the Interior be, and he is hereby, other business be done this afternoon after the special ·order is authorized and directed to :{>lace on the pension roll, subject to the provisions executed. and limitations of the pellSlon laws. the name of Samuel C. Towne, late of Company~. Eighth Regiment New Hampsp.ir~ Volunteer ~fantry, a.D:dpay The PRESIDING OFFICER. Is there objection? If none, it him a pens1on at the rate of $00 per month, m lien of that he IS now receiVlllg. is so ordered. The amendment was agreed to. Mr. VILAS. One moment. !suppose that agreement does not Mr. GALLINGER. There is a clerica.l ·error in the bill. In have any reference to an executive session. line 6, I move to strikeout the word ''Eighth" and insert ''Ninth"; Mr. CHANDLER. I will exoept an executive session. so that it will read, "Ninth Regiment New Hampshire Volun Mr. TELLER. Why should not we take up the Calendar, if teer Infantry." we get to it? The amendment was agreed to. Mr. GAL.LINGER. I suggest to my colle~gue to except the The bill was reported to the Senate as amended, and the amend-· Calendar and executive business. ments were concurred in. Mr. CHANDLER. Then I will make the request that no other The bill was ordered to be engrossed for a third reading, read business be done to-day after the special order is executed except the third time, and passed. the Calendar of unobjected cases and executive business. The PRESIDING OFFICER. The Senate hears the agreem~nt JARED S. CHAMBERLAIN. proposed by the Senator from New Hampshire. Is there objec The bill (S. 878) ~anting a pension to Jared S. Chamberlain tion? r" Agreed!"] was considered as m Committee of the Whole. It proposes to Mr. CALL. The agreement is made with the understanding place on the pension roll the name of Jared S. Chamberlain, late that the Cuban resolution shall continue to be the regular order? a private in Company E, Twenty-third Ohio Vohmteers. Mr. CHANDLER. Yes; to be taken up to-morrow at 2 o'clock. The bill was reported to the Senate without amendment, ordered The PRESIDING OFFICER. The Cuban resolution will come to be engrossed for a third reading, read the third time, and passed. up as the unfinished business ~-mo~ow at 2 o'?lock.. The Senate will now proceed to the consideration of pens~n b~s, and then NELLIE L. GROSH ON. unobjected cases on the Calendar, and the consideration of execu . The bill (S. 625) granting a pension to Nellie L. Groshon was tive business will follow, if desired. considered as in Committee of the Whole. Mr. CHANDLER. And no other business. The bill was reported from the Committee on Pensions with an The PRESIDING OFFICER. And no other business ics to be amendment, in line 7, before the word '"in," to strike out "pri transacted to-day. The Chair hears no objection, and it is so vate'' and insert" captain"; so as to make the bill read: ordered. The pension bills on the Calendar will be proceeded with. Be it enacted, etc., That the Secretary of the Interior be, and he i<> hereby, RUSSEL N. REYNOLDS. authorized and directed to pla-ce on the pension roll, snbject to the provisions and limitations of the pension laws, the name of Nellie L. Groshon, widow The bill (S. 1100) granting a pension to Russel N. Reynolds of Thomas C. Groshon, late a captain in Company G, First Re-giment of was considered as in Committee of the Whole. It proposes to Mississippi Marine Brigade. place on the pension roll the name of Russel N. Reynolds, late of The amendment was agreed to. Company E, One hundred and thirtieth Regiment Ohio Volunteer The bill was reported to the Senate as amended, and the amend Infantry, at the rate of $20 per month .. ment was concurred in. The bill was reported to the Senate Without amendment, ordered The bill was ordered to be engrossed for a third reading, read to be engrossed for a third rea-ding, read the third time, and passed. the third time, and passed. · ROBERT KIRACOFE. ADELAIDE MORRIS. The bill (S. 1017) granting a pension to Robert Kiracofe was considered as in Committee of the Whole. The bill (S. 757) granting an increase of pension to Adelaide The bill was reported from the Committee on Pensions ~than Morris was considered as in Committee of the Whole. It proposes amendment in line 7, before the word "dollars," to stnke out to place on the pension roll the name of Adelaide Morris, widow '~ twenty-:fiv~" and insert "twelve"; so as to make the bill read: of the late Arthur :Morris, formerly captain of the Fourth United B e i t enacted, etc.• That the Secretary of the ~terior be, and he is hereby, States Artillery, at the rate of S50 per month, which rate of $50 authorized and directed to place on th~ peUSit>n ro~ the name of Robert per month shall be in lieu of the pension she is now receiving. Kiracofe, late a private in Company G, E1ghty-first qhi~ Volunteer Infantry, and pa.y him a pension at the rate of $1.2 per month m lieu of the amount he The bill was reported to the Senate without amendment, ordered is now receiving. . to be engrossed for a third reading, read the third time, and passed. The amendment was agreed to. SHUBAEL GOULD, The bill was reported to the Senate as amended, and the amend The biJl (S. 1310) granting an increase of pension to Shubael ment was concurred in. Gould was considered as in Committee of the Whole. The bill was ordered to be engrossed for a third reading, read The bill was reported from the Committee on Pensions with an the third time, and passed. amendment, in line 6, before the word.'' Gould," to strike out ELLA D. CROSS. " Shubeal" and insert "Shubael "; so as to make the bill read: The bill (S. 997) granting a pension to Ella D. Cross was con Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, sidered as in Committee of the Whole. It proposes to place upon authorized and directed to place on the pension roll, subject to the provisions the pension rolls the name of Ella D. qross, wi~ow of Richard E. and limitations of the pension laws, the name of Shubael Gould, late a private in Company G, Eighth ~~giment Vermont Volunteer Infantry, and pay him Cross, late lieutenant-colonel of the Fifth Regrment New Hamp a pension at the rate of S5U per month, in lieu of that he is now receiving. shire Volunteers. The bill was reported to the Senate without amendment, ordered The bill was repmted to the Senate as amended, and the amend to be engrossed for a third reading, read the third time, and passed. ment was concurred in. The bill was ordered to be engrossed for a third reading, read RUFUS H. PAl E. the third time, and passed. The bill (S. 1505) granting an increase of pension to Rufus H. The title was amended so as to read: "A bill granting an increase Paine was considered as in Committee of the Whole. It proposes of pension to Shubael Gould." to place on the pension .roll the name of Rn!us H. Paine, l.ate of Company A, First Regiment New Hampshll'e Heavy -:\-I'tipery, JOHN L. BRITTON. and to pay him a pension at the rate of 812 per month m heu of The bill (S. 1276) granting a pension to John L. Britton was that he is now receiving. considered as in Committee of the Whole. The bill was reported to the Senate without amendment, ordered The bill was reported from the Committee on Pensions with an to be engrossed for a third reading, read the third time, and passed. amendment, in line 8, after the word" month/' to insert "in lieu. Mr. HOAR. The pension bills are all in accordance with one of that he is now receiving"; so as to make the bill read: formula "That the Secretary of the Interior be, and he is hereby, Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authoriz'ed and directed to place on the pension roll," etc. It authorized and directed to place on the pension roll, subject tvtheprovisions would be a great relief to the clerks and a great saving of time if and limitations of the pension laws, t.he name of John L. Britton, late of Com pany A, 8 econd Regiment New Hampshire Vohmteer Infantry, at the rate the name of the beneficiary and the amount of the pension should of SID per month, in lieu of that he is now receiving. alone be read, instead of the formal reading of the bill. The amendment was agreed to. The PRESIDING OFFICER (:Mr. HARRIS in the chair). The clm·ks will be directed to so read the bills, if there be no objection. The bill was reported to the Senate as amended, and the amend The Chair hears no objection, and it is so ordered. · ment was concurred in. The bill was ordered to be engrossed for a third reading, read! SAMUEL C. TOWNE. the third time, and passed. The bill (S. 146) granting an increase of pension to Samuel C. The title was amended so as to read: "A bill granting an Towne was considered as in Committee of the Whole. increase of pension to John L. Britton." \ 1920 CONGRESSIONAL- RECORD-SENATE~ ) FEBRUARY 19, ~ CELESTE A. BOUGHTON. ELLEN KINGSLEY. The bill (S. 1291) granting an increase of pension to Celeste A. The bill (S. 1215) granting a pension to Ellen Kingsley was con· Boughton, widow of Bvt. Brig. Gen. Horace Boughton, was con sidered as m Committee of the Whole. It proposes to place on sidered as in Committee of the Whole. the pension roll the name of Ellen Kingsley, widow of Henry E. The bill was reported from the Committee on Pensions with Kingsley, late of Company F, Second New York Cavalry Vol- an amendment, in line 8, before the word" dollars," to strike out unteers. _ _ u one hundred" and insert ''seventy-five"; so as to make the bill The bill was reported to the Senate without amendment, ordered read: to be engrossed for a third reading, read the third time, and passed. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, NATHAN KIMBALL. authorized and directed to place on the pension roll, subject to the prov~ions and limitations of the penswn laws, the name of Celeste A. Boughton, Widow The bill (S. 1435) granting an increase of pension to Nathan · of Bvt. Brig. Gen. Horace Boughton, late of the United States Army, retired, It and to pay her a pension of $75 per month, in lieu of the pension she is now Kimball was considered as in Committee of the Whole. pro receiving. poses to place on the pension roll the name of Nathan Kiinball, The amendment was agreed to. late a brigadier-general in the United States Army, at the rate of The bill was reported to the Senate as amended, and the amend $100 per month. ment was concurred in. The bill was reported to the Senate without amendment, ordered The bill was ordered to be engrossed for a third reading, read to be engrossed for a third reading, read the third time, and passed. the third time, and passed. MARY W. KEEFFE. LUE R. BROWN. The bill (S. 905) granting a pension to Mary W. Keefe was The bill (S. 1672) granting a pension to Lue R. Brown was con considered as in Committee of the Whole. · sidered as in Committee of the Whole. It proposes to place on the The bill was reported from the Committee on Pensions with to pension roll the name of Lue. R. Brown, wido~ of the late ~il amendments: In line 6, after the words" MaryW.," strike out liam A. Brown, formerly first lieutenant and adJutant of the SIXth "Keefe" and insert" Keeffe"; in the same line, after the word · Indiana Cavalry, and to pay her a pension at the rate of $25 a month, "Joseph," to strike out" Keefe" and insert" Keeffe," and in line in lieu of the pension she now receives. 8, before the word '' dollars," to strike out '' fifty " and insert The bill was reported to the Se.natewithout amendment, ordered "thirty"; so as to make the bill read: • to Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, be engrossed for a third reading, read the third time, and passed. authorized and directed to place on the pension roll, subject to the provisions MARY E. SESSIONS. and limitations of the penswn laws, the name ot :Mary W. Keeffe, widow of Joseph Keeffe, late captain, Fourth Infantry, Uni!;ed States Army, at the rate The bill (S. 1105) granting a pension to Mary E. Sessions was of $30 per month, in lieu of the pension she is now receiving. · considered as in Committee of the Whole. It proposes to place the The amendments were agreed to. name of Mary E. Sessions, mother of Henry Eels, late of Com The bill was reported to the Senate as amended, and the amend- pany E, Eleventh Regiment Vermont Volunteers, upon the pen ments were concurred in. - · ' sion roll. The bill was ordered to be engrossed for a third reading, read The bill was reported to the Senate without amendment, ordered the third time, and passed. to be engrossed for a third reading, read the third time, and passed. The title was amended so as to read: "A bill granting a. pension SOPHIA J. CHILCOTT. to Mary W. Keeffe." The bill (S. 1149) granting a pension to Sophia J. Chilcott was CHARLES WILLIAMSON. It considered as in Committee of the Whole. proposes to place ~e bill (S ..807) gran.ting a pension to Charles Williamson was on the pension roll the name of Sophia J. Chilcott, widow of coDSidered as m CoiDIDittee of the Whole. · _ James C. Chilcott, late a sergeant of Company I, Thirteenth Maine The bill was reported from the Committee on Pensions with an Infantry. amendment, in line 7, after the word "volunteers," to strike out The bill was reported to the Senate without amendment, ordered "and to date from the filing of his original application for pension to be engrossed for a third reading, read the third time, and passed. in the Pension Bureau, on September 1, 1890 "; so as to make the ' BETSEY J. WEBBER. bill read: The bill (S. 178) granting a pension to Betsey J. Webber was Be it enacted, etc:, That the Secretary of the Interior be, and he is hereby, considered as in Committee of the Whole. It proposes to place authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension laws, the name of Charles Williamson, late as· on the pension roll the name of Betsey J. Webber, mother of Otis sistant sm·geon of the Twelfth Regiment Kansas State Militia Volunteers. Webber, deceased, late private of Company K, Twenty-ninth The amendment was' agreed to. Regiment Maine Infantry Volunteers. The bill was reported to the Senate as amended, and the amend- The bill was reported totheSenatewithoutamendment, ordered ment was concurred in. . to be engrossed for a third reading, read the third time, and passed. The bill was ordered to be engrossed for a third reading, read ANNA KELLEY. the third time, and passed. The bill (H. R.1605) grantingapension toAnnaKelleywascon JOHN NICHOLS. sidered as in Committee of the Whole. It proposes to place on the The bill (S. 638) granting an increase of pension to John Nichols pension roll the name of Anna Kelley ,of Manchester, N.H., widow was considered as in Committee of the Whole. of Charles T. Kelley, alias Charles J. Kelley, who served in Com The bill was reported from the Committee on Pensions with an pany C, Fourth Regimen.t New Hampshh:e y oltmteers. and on the amendment, in line 8, after the words "rate of," to strike out United States ships Ohw and Macedonw m the Umted States "forty-five" and insert "thirty-six"; so as to make the bill read: Navy and to pay her a pension of $12 per month. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, Th~ bill was reported to the Senate without amendment, ordered directed to place on the pension roll, subjE)ct to the provisions and limitations to a third reading, read the third time, and passed. of the penswn laws the name of John Nichols, of Durham Butte County, MRS. JANE STEW.ART WHITING. Cal. late sergeant Company I, One hundred and eleventh lllinois Infantry Volt'tnteers,at the rate of $36 per month in lieu of the 1:\ension he is now re The bill (S. 1511) granting a pension to Mrs. Jane Stewart Whit- ceiving under certificate 753-15. ing was considered as in the Committee .of the Whol~. . · The amendment was agreed to. ' The bill was reported from the Committee on PensiOns With an · The bill was reported to the Senate as amended, and the amend amendment in line 5, after the word ''of," to strike out " $100" and ment was concurred in. inser.t "$75 ,',; so as to make the bill read: . The bill was ordered to be engrossed for a third readii'g, read Be it enacted, etc. That the Secretary of the Interior be, and he is he~eby, the third time, and passed. authorized and directed to place on the pension roll, at the rate of $7o per month the name of Jane Stewart Whiting, widow of the late Commodore GEORGE HUGHES. William Danforth Whiting, of the United States Navy. The bill (S. 522) for the relief of George Hughes, of Portland, The amendment was agreed to. Oreg., was considered as in Committee of the Whole. The bill was reported to the Senate as amended, and the ·amend The bill was reported from the Committee on Pensions with ment was concurred in. an amendment, in line 7, after the words" rate of," to strike out The bill was ordered to be engrossed for a third reading, read "seventy-five" and insert "fifty"; so as to make the bill read: the third time, and passed. Be it enacted, etc., That the .Secretary of. the Interior be, .a!ld he is h~repy, MRS. ELEANOR CARROLL POE. directed to place. on the penswn rolls, subJect to the provlSlons a~d l~ta tions of the penswn laws, the name of Geor~e ~nghes, late a ~oldier .m the The bill (S. 804) granting a pension to Mrs. Eleanor Carroll Poe, Mexican war~ at the rate of $50 per month m lieu of the pensiOn he IS now was considered as in Committee of the .Whole. It proposes to receiving unaer certificate 10517. pla{}e on the pension roll, at the rate of $100 per month, the name · The amendment was agreed to. of Eleanor Carroll Poe, widow of the late Col. Orlando M. Poe, of The bill was reported to the Senate as amended, and the amend the United States Army. · . ment was concurred in. The bill was reported to theSenatewithoutamendment, ordered The bill was ordered to be engrossed for a third reading, read to be engrossed for a third reading, read the third time, and passed .. the third time, and passed. 1896. CONGRESSIONAL RECORD-SENATE. 1921 JOSEPH R. WEST. amendment, in line 7, after the words "rate of," to strike out The bill (S. 673) granting a pension to Joseph R. West, briga "seventy-two" and insert "fifty"; so as to make the bill read: Be it enacted etc., That the Secretary of the Interior be, and he is hereby, dier and brevet major-general, United States Army Volunteers, authorized and directed to :place on the pension roll, subject to the provisions was considered a.s in Committee of the Whole. It proposes to and limitations of the pensiOn laws, the name of Enoch G. Adams, late cap place on the pension roll the name of Joseph R. West, brigadier tain of Company D, First Regiment United States Infantry, at the rate of and brevet major-general, United States Volunteers, at $100 per $50 per month, in lieu of the pension he is now receiving, to commence from month in lieu of the "pension he is now receiving. the passage of this act. The bill was reported to the Senate without amendment, ordered The amendment was agreed to. to be engrossed for a third reading, read the third time, and passed. The bill was reported to the Senate as amended, and the amend ment was concurred in. EMELINE FILGA.TE. The bill was ordered to be engrossed for a third reading, read The bill (S.1631) granting a pension to Emeline Filgate was the third time, and passed. considered as in Committee of the Whole. It proposes to place on the pension roll the name of Emeline Filgate, widow of James ELIZABETH W. SUTHERLAND. Filgate, late of Company G, Sixth United States Infantry, at $12 The bill (S. 1420) granting an increase of pension to Elizabeth per month. W. Sutherland was considered as in Committee of the Whole. The bill was reported to the Senate without amendment, ordered The bill "was reported from the Committee on Pensions with to be engrossed for a third reading, read the third time, and passed. amendments, in line 8, after the words "rate of," to strike out ''one hundred " and insert "seventy-five," and in line 9, after the NANCY T. DUNCKLEE. words "rate of," to strike out" one hundred "and insert'; seventy The bill (S. 1787) granting a pension to Nancy T. DuncW.ee was five "; so as to make the bill read: considered as in Committee of the Whole. It proposes to place on Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, the pension roll the name of NancyT. Duncklee, dependent step authorized and directed to place on the pension roll, subject to the provi mother of Lucian A. Duncklee, late of Company C, Sixteenth Regi sions and limitations of the pension laws, the name of Elizabeth W. Suther land, widow of the late Charles Sutherland, deceased, .formerly Surgeon ment New Hampshire Volunteer Infantry, at $12 per month. General of the United States Army, at the rate of $75 per month, which rate The bill was reported to the Senate without amendment, ordered of $75 per month shall be in lieu of the pension she is now receiving. to be engrossed for a third reading, read the third time, and passed. The amendments were agreed to. T. CLARKSON INGALLS. The bill was reported to the Senate as amended, and the amend The bill (S. 144) granting an increase of pension to Theophilus ments were concurred in. C. Ingalls was considered as in Committee of the Whole. The bill was ordered to be engrossed for a third reading, read The bill was reported from the Committee on Pensions with an the third time, and passed. amendment, in line 6, after the words "name of," to strike out HANS JOHNSON. "Theophilus C." and insert "T. Clarkson"; so as to make the bill The bill (S.1495) granting a pension to Hans Johnson was con- read: sidered as in Comniittee of the Whole. Be it enacted~ etc., That the Secretary of the Interior be, and he is hereby, The bill was reported from the Committee on Pensions with an authorized ana directed to ;place on the pension roll, subject to the provisions amendment, in line 8, after the words ''rate of," to strike out and limitations of the pensiOn laws, the name ofT. Clarkson Ingalls, late of Company E, ·.r~irty-eighth Regiment Massachus~tts.Volun~eer Iilf~ntry, and "seventy-two" and insert "fifty"; so as to make the bill read: pay ?1m a pensiOn at the rate of $50 per month, m lieu of that he lS now re- Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, ce1vmg. authorizedand directed to place on the pension roll, subject to the provisions The amendment was agreed to. andlimita.tionsof the pension laws, thenameofHansJohnson,latecorporalof The bill was reported to the Senate as amended, and the amend- Company I, Twenty-seventh Regiment Iowa Volunteer Infantry, and to pay ment was concurred in. :_~sa~~~sr:Ji'";-!c~~e rate of S50 per month from and after the date of the The bill was ordered to be ~ngrossed for a third reading, read The amendment was agreed to. the third time, and passed. The bill was reported to the Senate as amended, and the amend- The title was amended so as to read: "A bill granting an in- ment was concurred in. crease of pension toT. Clarkson Ingalls." The bill was ordered to be engrossed for a third reading, read CAROLINE B. BRA.DFORD, the third time, and passed. The bill (S. 139) granting an increase of pension to Caroline B. MaTILDA. GRESHAM. Bradford was considered as in Committee of the Whole. It pro- The bill (S. 616) granting a pension toMatildaGresham,widow poses to place on the pension roll the name of Caroline B. Brad- of the late Walter Q. Gresham, at the rate of $200 per month, was ford, widow of Robert Forbes Bradford, late captain United States considered as in Committee of the Whole. Navy, at $50 dollars per month, in lieu of the amount she now The bill was reported from the Committee on Pensions with an receives. amendment, in line 7, after the words "rate of," to strike out The bill was reported to the Senate without amendment, ordered ''two" and insert ''one"; so as to make the bill read: to be engrossed for a third reading, read the third time, and passed. Be it enacted~ etc., That the Secretary of the Interior be, and he is hereby, JANE L. BUCKING HAM. authorized ana directed to place on the pension roll, subject to the provisions The bill (S. 651) granting a pension to JaneL. Buckingham wa.s and limitations of the pension laws, the name of Matilda Gresham, widow of Walter Q. Gresham, at the rate of $100 per month. considered as in Committee of the Whole. It proposes to place on the pension roll the name of JaneL. Buckingham, widow of Mr. GALLINGER. The senior Senator from Indiana rMr. Philo B. Buckingham, late lieutenant-colonel Twentieth Regi- VooRHEEsl desired to address the Senate on this bill, and 1ie is ment Connecticut Volunteers, and to pay her a pension of $30 a now ill. His colleague [Mr. TURPIE] also expressed a desire to be month. heard on the bill, but is not prepared to speak to-day. I therefore The bill was reported to the Senate without amendment, ordered a.sk that the bill go over without prejudice. to be engrossed for a third reading, read the third time, and passed. Mr· COCKRELL. I wish to offer an amendment. I move to RHODA CHICK. insert in line 6, after the name "Walter Q. Gresham," the words "late a brigadier-general." I wish the amendment to be now The bill (S. 760) granting a pension to Rhoda Chick was consid- made, and then the bill may go over. ered as in Committee of the Whole. It proposes to place on the The PRESIDING OFFICER (Mr. Pasco in the chair). The pension roll the name of Rhoda Chick, daughter of James Wills, amendment will be stated. deceased, who was a soldier in the Revolutionary war, at $12 per The SECRETARY. After the name "Walter Q. Gresham," in month. line 6, it is proposed to insert "late a brigadier-general." The bill was reported to the Senate without amendment, ordered The amendment was agreed to. to be engrossed for a third reading, read the third time, and passed. The PRESIDING OFFICER. The bill will go over, in accord- ELLEN EWING. ance with the request of the Senator from New Hampshire. The bill (S. 1837) granting a pension to Ellen Ewing, widow of CATHERINE SMITH. Bvt. Maj. Gen. Thomas Ewing, was considered as in Committee The bill (S. 1522) granting a pension to Catherine Smith was of the Whole. It proposes to place on the pension roll the name considered as in Committee of the Whole. of Ellen Ewing, widow of Bvt. Maj. Gen. Thomas Ewing, at $100 The bill was reported from the Committee on Pensions with an per month. amendment, in line 8, after the word "month," to insert "and the The bill was reported to the Senate without amendment, ordered further sum of $2 per month for each of the three children of said to beengrossedforathird reading,read the third time, and passed. soldier until they respectively become16 years of age"; so as to ENOCH G. A.DA.MS. make the bill read: The bill (S. 1343) granting an increase of pension to Enoch G. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, dams was considered as in Committee of the Whole. authorized and directed to place on the pension roll, subject to the provisions A and limitations of the pension laws, the name of Catherine Smith, widow of · 'l'he bill was reported from the Committee on Pensions with an the late JIIJlles Smith, a private in Company I, Sixteenth Indiana. Volunkers XXVIII-121 • 1922 CONGRESSIONAL RECORD-SENATE. FEBRUARY 19, and pay her a pension of $12permonth and the further sum of $2per month for each of the three children of said soldier until they respectively become amendment; in line 7, after the words "rate of" to strike out "one 16 years of age. . hundred" and insert "fifty"; so as to make the bill read: The amendment was agreed Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, to. directed to place upon the pension roll the name of Mary Clare Kelly, widow The bill was reported to the Senate as amended, and the amend of the late Benjam.ln F. Kelly, brevet major-general of volunteers, United ment was concurred in. States .A.rmy, and pay her a pension at the rate of $50 a month, in lieu of the The bill was ordered to be engrossed for a third reading, read pension she is now receiving. the third time, and passed. The amendment was agreed to. The bill wa.s reported to the Senate as amended, and the amend EMILY B. MUNCEY. ment was concurred in. The bill (S. 705) granting a pension to Emily B. Muncey was The.bill :was ordered to be engrossed for a third reading, read considered as in Committee of the Whole. It proposes to place on the third time, and passed. · the pension rolls the name of Emily B. Muncey, Topeka, Kans., widow of Leonard D. Muncey, late private in G Company of the CAROLINE REED. Forty-eighth Regiment of illinois Volunteer Infantry, and to pay The bill (S. 826) granting a pension to Caroline Reed was con her a pension of $12 per month. sidered as in Committee of the Whole. It proposes to place on the The bill was reported to the Senate without amendment, ordered pension roll the name of Mrs. Caroline Reed, widow of Richard to be engrossed for a third reading, read the third time, and passed. Reed, a soldier of the Florida Indian Seminole war of 1836 and 1842, at 12 a month. NANCY CARSON BLUNT. The bill was reported to the Senate without amendment. ordered The bill (S. 246) granting a pension to Nancy Carson Blunt was to be engrossed for a third reading, read the third time, and passed. considered as in Committee of the Whole. WILLIAM T. W .A.LKER. The bill wa.s reported by the Committee on Pensions with an amendment, in line 7, after the words "rate of," to strike out The bill (S. 1888) granting an incTease of pension to William T. "one hundred" and insert "seventy-five"; so as to make the bill Walker was considered as in Committee of the Whole. It pro read: poses to place on the pension roll the name of William T. Walker, late of Company H, Thirteenth Regiment Indiana Cavalry, at$25 Be it enacted, etc., That the Secretary of the Interior be, and he is hereby a-qthorized and directed to place on the pension roll, subject to the provisions per month, in lieu of the pension he is now receiving. and limitations of the peD.SJ.on laws, the name of Nancy Carson Blunt, widow The bill was reported tothe Senatewithoutamendment, ordered of Maj. Gen. James G. Blunt, deceased, and paS' her a pension at the rate of $75 to be engrossed for a third reading, read the third time, and passed. per month from and after the passage of this act, in lieu of $30 per month she is now receiving. MRS. M.A.RY B. HULINGS. The amendment was agreed to. The bill (S.893) for the relief of Mrs. Mary B. Hulings was con The bill wa.s reported to the Senate as amended, and the amend sidered as in Committee of the Whole. It proposes to place the ment was concurred in. name of Mary B. Hulings on the pension 1·oll, and that she be paid The bill was ordered to be engrossed for a third reading, read a pension at th~ legal rate as t.I:e widow of Thomas M. Hulings, the third time, and pa.ssed. colonel Forty-mnth Pennsylvama Infantry, who was killed at the battle of the Wilderness, May 10, 1864. W .A.LLA.CE M'GR.A.TH. The bill was reported to the Senate without amendment, ordered The bill (S. 247) granting a pension to Wallace McGrath was to be engrossed, for a third reading, read the third time, and passed. considered as in Committee of the Whole. GEORGE C. ABBEY. The bill was reported from the Committee on Pensions with an amendment, in line 7, after the word "volunteers," to strike_out The bill (S. 350) granting an increase of pension to George C • . "and rate him according to the degree of his disability and to date Abbey was considered as in Committee of the Whole. from the filing of his application for pension in the Pension The bill wa.s reported from the Committee on Pensions with an Bureau" and insert "and grant him a pension at the rate of $50 amendment, in-line 6, after the words" pay him," to strike out per month from and after the passage of this act"; so as to make "thll·ty" and insert" twenty"; so as to make the bill read: Be it enacted, etc., That the Secretary-of the Interior be, and he is hereby, the bill read: authorized and directed to increase the pension of George C. Abbey, late a Be it enacted etc., That the Secretary of the Interior be, and he is hereby, private of Company M of the First Connecticut Volunte(>r Heavy Artillery, authorized and directed to place on the pension roll, subject to the pro and to pay him $20 per month from the passage of this act. visions and limitations of the pension laws, the name of Wallace McGrath, late lieutenant and aid-de-camp of the Fifteenth Regiment Ohio Infantry The amendment wa.s agreed to. Volunteers, and grant him a pension at the rate of $50 per month from and The bill was reported to the Senate as amended, and the amend after the passage of this act. · ment was concurred in. The amendment was agreed to. The bill was ordered to be engrossed for a third reading, read The bill was reported to the Senate as amended, and the amend the third time, and pa.ssed. ment was concurred in. C.A.PT. IS.A..A.C D. TOLL. The bill was ordered to be engrossed for a third reading, read the third time, and passed. _ The bill (S. 996) to increase the pension of Capt. I aac D. Toll was considered as in Committee of the Whole. It proposes to in HARRIET M. KNOWLTON. crease the pension of Capt. Isaac D. Toll, late of Company E, The bill (S. 719) to restore a pension to Harriet M. Knowlton Fifteenth United States Infantry, in the war with Mexico, from was considered as in Committee of the Whole. It proposes tore $8 to $20 per month. • store to the pension roll the name of Harriet M. Knowlton, widow The bill was reported to the Senate without amendment, ordered of the late Major Knowlton, of the Twenty-ninth Maine Volun to be engrossed for a third reading, read the third time, and passed. teer Infantry, at $25 per month. M.A.RI.A. SOMERL.A.T. The bill was reported to the Senate without amendment, ordered The bill (S. 1323) granting a pension to Maria Somerlat, widow to be engrossed for a third reading, read the third time, and passed. of Valentine Somerlat, was considered as in Committee of the CATHERINE LEARY. Whole. The bill (S. 819) granting a pension to Catherine O'Leary was The bill wa-s reported from the Committee on Pensions with an considered as in Committee of the Whole. amendment, in line 8,afterthe words ''rate of," to strike out''12" The bill was reported from the Committee on Pensions wit:V. and insert "8"; so as to make the bill read: amendments, in line 5, to strike out'' O'Leary" and insert'' Leary," Be it enac ted~ etc., That the Secretary of the Interior be, and he is hereby, authorized ana directed to place on the pension roll, subject to the provi and in line 6, after the words "rate of," to strike out "twelve" sions and limitations of the pension laws, the name of Maria Somerlat, widow and insert "eight"; so as to make the bill read: of Valentine Somerlat,late a private in Company A, Twenty-ninth Regiment Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, Indiana Volunteers, and to pay her a pension at the rate of SS per month. authorized and directed to place on the pension roll the name of Catherine The amendment was agreed to. Learyl a nurse in the war of the rebellion, and to pay her a pension at the rate or $8 per month on and after the passage of this act. The bill was reported to the Senate as amended, and the amend~ ment was concurred in. The amendments were agreed to. The bill was ordered to be engrossed for a third reading, read The bill was reported to the Senate as amended, and the amend- ment was concurred in. · the third time, and passed. The bill was ordered to be engrossed for a third reading, read ELIZA SANDFORD. the third time, and passed. The bill (S. 1189) granting a pension to Eliza Sandford was con The title was amended so as to read: "A bill granting a pension sidered as in Committee of the Whole. to Catherine Leary." The bill was reported from the Committee on Pensions with an MARY CLARE KELLY. amendment, in line 11, after the words "pBnsion of," to strike out ''50 " and insert '' 25"; so as to make the bill read: The bill (S.1493) granting a pension to Mary Clare Kelly was Be it enacted.J etc., That the Secretary of the Interior be, and he is hereby, conf?idered as in Committee of the Whole. _ authorized ana directed to place on the pension roll the name of Eliza Sand The bill was reported from the Committee on Pensions with an ford, permanently helpless and destitute daughter of William Sandford, a. 1896. CONGRESSIONAL RECORD- SENATE. 1923 . sergeant under Captains Huntington, Wheeler, Squire, and Gilman in the of the Committee on Invalid Pensions of another body, we had a year:31777, 1778,1779, 1780, and 17~1, in the Army of the Revolution, and pay her a. pension of $25 per month. rule or custom of allowing this class of invalid and dependent children $18 pex month. I undertook to get one through in the The amendment was agreed to. last Congress, but the other body insisted upon reducing it to $10 The bill was reported to the Senate as amended, and the amend per month, and it passed the Senate in that form. As I say, we ment was concurred in. have in this Congress rather established a rule in the committee The bill was ordered to be engrossed for a third reading, read of making $12 per month the rate. the third time, and passed. Mr. ALLEN. I should like to ask the Senator how old this girl is? JOSEPHINE I. OFFLEY. Mr. GALLINGER. It is a case in which the SenatoT from The bill (S. 1621) granting a pension to Josephine I. Ofiley was Missouri fMr. CocKRELL] is especially interested, and he can state. considered as in Committee of the Whole. Mr. COCKRELL. She is over 20 years old. The bill was reported by the Committee on Pensions with an Mr. ALLEN. Is she entirely dependent? amendment, in line 8, after the words" rate of," to strike out Mr. COCKRELL. Absolutely so. "60 " and insert "50"; so as to make the bill read: Mr. ALLEN. And requires some attendance? Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, Mr. COCKRELL. Yes; she can not go about by herself, and authorized and directed to place on the pension roll, subject to the provisions can not do any work. and limitations of the pension laws, the name of Josephine I. Off:l.ey, widow of Robert H. Off:l.ey, late colonel of the Tenth United States Infantry, at the Mr. GALLINGER. I shall not resist the amendment. rate of $-50 per month, in lieu of the pension to which she is now entitled by Mr. ALLEN. I hope the Senator will realize the great justice law. ' of increasing this pension, and possibly, by that means, of equaliz The amendment was agreed to. ing it with som~ that have just been passed. The bill was reported to the Senate as amended, and the amend Mr. GALLINGER. There is a point to which I will simply ment was concurred in. call the Senator's attention, and that is, that we propose to pen The bill was ordered to be engrossed for a third reading, read sion the child of a soldier who_has no pension under the law. It the third time, and passed. is a gra~nity pure and simple, and yet I am glad to accept any suggestwn of the Senator that tends to equalization of pensions. ISABELLA. MORROW. Mr. ALLEN. In reply to the Senator, I desire to say that the The bill (S. 1128) granting a pension to Isabella Morrow wa.s records in the Pension Bureau show that the children of soldiers considered as in Committee of the Whole. have been pensioned by special acts of Congress for a year or two. The bill was reported from the Committee on Pensions with an Mr. GALLINGER. Undoubtedly; but not in accordance with amendment, in line 8, after the words "pension of," to strike out the general law. "100" and insert "75 "; so as to make the bill read: Ml·. ALLEN. If this young lady is blind and entirely dependent, Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, she can not get along with $24 a month. · authorized to place upon the pension rolls the name of Isabella Morrow, widow is of the late Henry A. lllorrow, colonel of the Twenty-first Regiment United Mr. GALLINGER. That entirely true. States Infantry, colonel and brevet major-general of the United States Army, The PRESIDING OFFICER. The question is on the amend and pay her a pension of $75 per month. ment of the Senator from Nebraska to the amendment reported The amendment was agreed to. by the committee. The bill was reported to the Senate as amended, and the amend The amendment to the amendment was agreed to. ment was concurred in. The amendment as amended was agreed to. The bill was ordered to be engrossed for a third reading, read The bill was reported to the Senate as amended, and the amend the third time, and passed. ments were concurred in. The bill was ordered to be engrossed for a third reading read MRS. JANE DULANY. the third time, and passed. ' The bill (H. R. 3698) granting an increase of pension to Mrs. CAROLINE STOCKTON BROWN. Jane Dulany was considered as in Committee of the Whole. It proposes to increase the pension of Mrs. Jane Dulany, widow of The bill (S. 702) granting a pension to Caroline Stockton Brown Col. William Dulany, from $50 to $72 per month. was considered as in Committee of the Whole. The bill was reported to the Senate without amendment, ordered The bill was reported from the Committee on Pensions witk to a third reading, read the thhd time, and passed. amendments, in line 8, after the words ''pension "to strike out "one hundred and"; and in line 9, after the wo~d "month .., to CARRIE L. YEATON. strike out: ' The bill (S. 1924) granting a pension to Carrie L. Yeaton was From and after the 3d day of August, 189!. considered as in Committee of the Whole. It proposes to place on This act shall take effect from and after its passage. the pension roll the name of Carrie L. Yeaton, widow of Lewis D. So as to make the bill read: Yeaton, late a private in Company F, Eighth Maine Volunteer · Be it !ffi.actedl. et~ .• That the Sect-etary of the II;tterior be, and he hereby is, Infantry, at $8 per month. authoriZed ana directed to place upon the p ensiOn roll subject to the pro The bill was reported to the Senate without amendment, ordered visions and limitations of the pension laws, the name ~f Caroline Stockton Brown, widow of William Rawle Brown, late major in the Marine Corps of to be engrossed for a third reading, read the third time, and passed. the United States, and pay her a pension of $50 per month. MARY NEWMAN. The amendments were agreed to. The bill (S.1044) granting a pension to Mary Newman wa.s con The bill was reported to the Senate as amended,. and the amend sidered as in Committee of the Whole. ments were concun-ed in. The Committee on Pensions reported the bill with amendments, The bill was ordered to be engrossed for a third reading read in line 6, after the name ''Newman," to strike out "who is blind the third time, and passed. _ ' and is the only child" and insert "blind and dependent daughter," HELEN M. MALLERY. and in line 11, before the word'' dollars," to fill the blank by insert ing the word "twelve"; so as to make the bill read: The bill (S. 724) granting an increase of pension to Helen M. 1\fallery was considered as in Committee of the Whole. It pro • Be it .enacted, e~c., That the Secretary of tp.e Interior ~e, and he is hereby, auth of Maj. Gen. John Gibbon, United States Army, and pay her a WILLIAM LORING SPENCER. pension of $100 per month. The bill (S. 1699) for the relief of William Loring Spencer was The bill was reported to the Senate without amendment, ordered considered as in Committee of the Whole. It proposes to place to be engrossed for a third reading, read the third time, and passed. on the pension roll the name of William Loring Spencer, widow JOSEPHINE FOOTE FAIRFAX. of George E. Spencer, late colonel First Regiment Alabama Cav· The bill (S. 1784) granting an increase of pension to Josephine airy, at $50 per month. Foote Fairfax was considered as in Committee of the Whole. It Mr. GALLINGER. I see that the Secretary very properly hes· proposes to place on the pension roll the name of Josephine Foote itated when he read "William Loring Spencer, widow of George Fairfax, widow of the late Rear-Admiral Donald MacNeil Fair E. Spencer," but notwithstanding that, the lady was christened fax, of the United States Army, and pay her a pension of $50 per "William," and that is her name. month in lieu of the pension she is now receiving. I want to make a statement concerning this particular case, in The bill was reported to the Senate without amendment, ordered asmuch as I have promised to do so to certain parties who are very to be engrossed for a third reading, read the third time, and passed. deeply interested in it, one of them an ex-Senator. The committe~ have reported this bill giving Mrs. Spencer $50 GEORGE W. CASE. a month? He1· husband had a distinguished service as an officer The bill (H. R.147) granting a pension to George W. Case, late in the Army, as I remember, having the title, or the brevet title, private Company B, Twenty-second New York Cavah·y, was con at least, of brigadier-general. He was brevetted brigadier-general sidered as in Committee of the Whole. It proposes to place upon to date from March 13, 1865, for gallant and meritorious services the pension roll the name of George W. Case, late a private of during the campaign through Georgia and the Ca1!olinas. Company B, Twenty-second NewYorkCavalry, at $50 per month, General Spencer had letters of commendation from General in lieu of the pension now received by him under act of June 27, Vandever, from General Kilpatrick, from Major-General Dodge, 1890. from Major-General Sherman, and from Secretary of War Stan The bill was reported totheSenatewithoutamendment, ordered ton. to a third reading, read the third time, and passed. He was a member of this body for twelve years, as I remember C. E. PHILBROOK. it, from the State of Alabama, and friends of his have said to me The bill (S. 739) granting an increase of pension to C. E. Phil t.hat they thought this allowance, Mrs. Spencer being in ab_so~ute brook, widow of Alvah Philbrook, major of Twenty-fourth Regi destitution, ought to be S75 per month, and I rise to move an ment Wisconsin Volunteers, was considered as in Committee of amendment making the rate $75 instead of $50. the Whole. The PRESIDING OFFICER. The amendment will be stated. The bill was reported from the Committee on Pensions with The SECRETARY. In line 8, before the word "dollars," it is amendments, in line 8, before the word "dollars," .to strike out proposed to strike out "fifty" and insert ''seventy-five"; so as to 41 thirty" and insert "twenty-five," andaftertheword "receives," read: "$75 per month." in line 9, at the end of the bill, to insert: 1\Ir. BERRY. I should like to ask the Senator from New Hampshire what is the pension of the widow of a. colonel under Provided, That no claim for arrears shall be allowed by reason of the pas sage of this act. the general law? Mr. G ...•\LLINGER. Thirty dollars a month. So as to make the bill read: Mr. BERRY. We have passed a number of bills to-day giving, Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, I believe, $50 a month in such cases. . authorized and directed to place upon the pension roll, subject to ~he pro visions and limitations of the pen-sion laws, the name of C. E. Philbrook, 1\fr. GALLINGER. Yes; $75 in some cases, and $100 in widow of Alvah Philbrook, major of Twenty-fourth Regiment Wisconsin others. Volunteers, and pay her a pension of $25 per month, the same to be in lieu of Mr. BERRY. Have these increases been proposed because of the pension she now receives: P1·ov-ided, That no claim for arrears shall be the destitution of these widows over and above the general line allowed by reason of the passage of this act. of widows of colonels? Mr. ALLEN. I ask the chairman of the Committee on Pen Mr. GALLINGER. I think the committee and Con~re.ss have sions why this pension is proposed to be reduced from S30 to $25 been governed by more than one consideration in this class of a month? cases. First. the unusual service of the offictr has been taken into Mr. .MITCHELL of Wisconsin. As I reported the bill, I can account, if it.has been unusual; next, the destitution of the widow give the information to the Senator. has been a consideration; and I will say frankly to the Senator Mr. ALLEN. ·I shall be glad to get it. from Arkansas-because I would not deceive him if I could, and Mr. MITCHELL of Wisconsin. Mrs. Philbrook is the widow I certainly could not deceive him in this matter-that my motion of Captain Philbrook, who was killed at the battle of Franklin. is made somewhat upon sentimental considerations, in view of the He had at the time a major's commission in his pocket from the fact that this particular officer had been a member of this body gevernor of his State, and he had been acting major for six for twelve years, and left a widow in utter destitution. It, in months previous to his death. The committee thought that the other words, puts this case upon all fours with the case that first widow was entitled to the pension that a major's widow gets, passed the Senate at this session of Congress, that of Brigadier which, I believe, is $25 a month. So _the amount was reduced General Cogswell of Massachusetts, he having been a member of from $30 to $25 a month on my suggestiOn. the House of Representatives for a long time, and there being Mr. ALLEN. As the author of the bill does not want anymore perhaps· a little sentiment in that. than $25 a month, I certainly can not ask for any more; but I can I will say in reference to this case-and I am not going to urge not resist the temptation of making the remark that the line of it very strongly-that I have made this motion rather in behalf of distinction between a brevet major, or an embryo major, and a men whom I regard very highly and who have made a speciai plea lieutenant-colonel or a colonel seems to be very broad in these in this case. .. bills. I will say further that this is a very meritorious case, both so Mr. MITCHELL of Wisconsin. With the consent of the com far as the service of the soldier was concerned and so far as the des mittee I will withdraw the amendment and let the amount stand titution of the widow is concerned. If the amendment does not at $30 a month, if that is the desire of the Senator from Nebraska. pass, I have no objection; but I shall vote for it myself in view Gf Mr: ALLEN. I think it ought to be $30. the considerations which I have presented. Mr. MITCHELL of Wisconsin. Then I withdraw the amend Mr. BERRY. Mr. President, I realize how difficult it is for ment, with the assent of the committee. one who comes from the section of the country I do to make any Mr. GALLINGER. The amendment can not be withdrawn, objection whatever to the passage of pension bills. I realize fur but it can be nonconcurred in. thermore that it is resented, when made by one who was on the The PRESIDING OFFICER. The question is on agreeing to other side of the controversy, as an effort to deprive the Union the first amendment reported by the co~ittee, before the word soldiers of that to which they conceive they a.re entitled, but it "dollars" to strike out" thirty" and insert" twenty-five." does seem to me that it is a great injustice, when the general law The amendment was rejected. says that the widow of a colonel shall receive $30 a month, that The PRESIDING OFFICER. The question now recurs on the widows of particular officers shall be picked out here and agreeing to the last amendment reported by the committee, which given $50,$75, and $100 per month. There ought to be some uni will be stated. formity in regard to these pensions. The SECRETARY. The committee report to add to the bill the It can not be said that this offic& was more meritorious or th&.t following proviso: he rendered better services than thousands of other officers. Then Prov-ided, That no claim for arrears shall be allowed by reason of the pas why should his widow be given $75 per month, and others only sage of this act. $30 or $50, as the case may be? It seems to me it is unjust, and it The amendment was agreed to. is unfair. The bill was reported to the Senate as amended, and the amend The Senator from Nebraska [Mr. ALLEN] a few days ago made ment was concurred in. a speech here on this subject, and he convinced me, at least, if I The bill was ordered to be engrossed for a third reading, read bad not already been before convinced, that the .widows of pri the third time, and passed.. vates, so far as pensions are concerned, should be put on an equal· 1896~ CONGRESSIONAL' RECORD-SENATE. 1925 ity with the widows of officers, and I say to-day that' there can be show him that sentiment in this body is 'not entirely confined to no reason to the contrary. I realizethat in the case of an officer, the granting of pensions. It is a rule that I think is never de while war is going on, in order to get the best service, the Gov parted from in this body that if an employee dies his widow is ernment is obliged to pay a larger sum, but a pension is given for granted, as I remember it, one-half a year's salary, and there is a the support of the person drawing it, and it is even mor~ neces case on the Calendar of that kind which will undoubtedly be passed sary in the case of the widow of a private, because the private when it is reached. leaves his widow in a more helpless condition than the officer I am not going to argue this case at length. I do not propose, leaves his. while I chance to be the chairman of the Committee on Pensions, In addition to that, the Senator from New Hampshire [Mr. to be drawn into any angry discussion of pension legislation. I GALLINGER] states as another reason why the pension in this par stated frankly, openly, and without qualification why I suggested ticular case should be given that the husband of this lady was at this amendment, and I shall have no fault to find if the Senate one time a United States Senator. Is it a fair reason, is it a real votes against it. I trust that the Senate will vote the amendment reason, why this Government should pay that widow more because into the bill, and I do think that the fact that this woman is the her husband had been a member of this body than should be paid widow of a United States Senator and that she is in utter desti to a man who was not so fortunate or unfortunate, as the case tution does carry a little weight in the matter. may be, as to have been a member of the Senate? Because he was Mr. PALMER. Mr.President,Iwouldhavebeen entirelysatis a member of the Senate should his widow have more than the fied with a pension of $600 a year to Mrs. Spencer, and! am quite widow of a soldier equallymeritorious? It seems to me that is an satisfied with the proposition of the chairman of the Committee unjust reason and unfair reason, and while the Senator says it is on Pensions to increase it to $75 a month. I have sentimental actuated by sentiment, sentiment is very well when you are deal reasons for supporting the amendment that I may as well state. ing with your own money; but when we are dealing with the I knew Colonel Spencer, afterwards brevetted as brigadier-gen money of the people uf the United States, and trust money, I do eral; I know the service he performed, and it was a very interest not believe we have a right or that it is fair and just to take other ing and important service to the country. There was in the State people's money_and pay it out and give it to parties on sentiment. of Alabama, as I happen to know by my personal experience, a Mr. GALLINGER. If the Senator will allow me- large number of Union people. I became acquainted with them Mr. BERRY. Of course, I say this in a general way. I real during the war. They were not the people who inhabited the ize and understand that it is utterly impossible that anything I Tennessee Valley about Tuscumbia and Decatur and Huntsville, can say can defeat any character of pension bill that may be but they were people who lived in the hills; and when we retreated brought here. I have tried it for years and years, but it goes on. from the Tennessee River, in order to meet General Bragg's This Congress has expended $140,000,000 already under the gen advance by the way of Chattanooga and through Cumberland eral appropriation act, but, not content with that, the Calendar is Hap into Kentucky, there followed me, I should think, 500 peo crowded from session to session with bills for increases and for ple from those hills. new parties and with special acts. One or two were reported this Colonel Spencer went into those hills and organized a military morning to pension the dependent child of a soldier, and if it con force devoted to the Union, and furnished a rallying point for the tinues, the pension roll, at the end of forty years from the close of element of which I speak. They were not the individuals of the war, will continue to grow instead of decreasing. whom I spoke as following the Union Army, but a class resem In the case of any soldier who served in the war and was bling them-Union people who occupied the mountains south of wounded in the line of his duty I would not cast a vote against the Tennessee River in the broken region between that and the giving him a fair and reasonable pension, but it seems to me that rivers that flow into the Gulf of Mexico. He rendered a most where pensions are given by special act it is unjust, unequal, and important service. As I said, he went into that region and organ unfair, and when given, as the reason here is given, because the ized a regiment of Alabama Unionists and furnished a nucleus husband of the woman happened to be a United States Senator,it for the Union people who lived in that particular region . . is not such a reason as should control this body. He rendered important service, valuable service; and it was ren Mr. GALLINGER. The Senator from Arkansas is one of the dered at a time, too, when there was great doubt as to the direction most kindhearted men in this body, and I think one of the most much of that population would take. They were surrounded by fair-minded, and he will do me the justice to amend his remarks, opposing influences; but they clung to their faith in the Union of I think, and not insist that I gave that as the reason. I gave it as the States. Colonel Spencer organized a regiment of that class of one reason. people and he furnished a nucleus and protected them to that ex Mr. BERRY. Not as the sole reason, but as one of the reasons. tent. To that extent, therefore, this strikes me as being a senti Mr. GALLINGER. I said it was sentimental to that extent, mental amendment. As I said, I should have been satisfied with and it is. I want to call the Senator's attention to the fact that if the original amount, but as the amendment is proposed and as it General Spencer bad died while he was a member of this body, is opposed it occurs to me that I now see reasons why it should be sentiment would have given his widow his pay for the remainder made a special case in view of the conditions that prevailed at the of his term. There is no law for doing that; it is pure and un time when he entered Alabama to organize that regim~nt. adulterated sentiment and nothing else. Sentiment does enter into Mr. President, I wish to state another thing, too, that has had these matters. If the Senator should die to-morrow his widow influence with me. Every gentleman present, whatever part he would be granted the remainder of his salary for the term to which may have played in the late unpleasantness, as we sometimes he was recently elected, as I remember the pra Mr. GALLINGER. There is. :n.rr. PALMER. A gallant fellow. Mr. ALLEN. What special reasons are set forth in the report Mr. ALLEN. The honorable Senator says he was a gallant fel in support of the bill at the sum of $75 a month. low. He was killed at the. head of his troops at Shiloh. He was Mr. GALLINGER. Nothing beyond what I have stated. I a very great man, a man whose life gave promise of standing at could not make it any stronger if I tried. The bill was introduced the head of one of the great armies of the North if he had lived. at $50, and it passed the committee at $50, and was so reported. He was a man of military genius, a man whose record as a soldier The1·e was not any discussion in committee on the matter at all. and whose competency and qualifications as a soldier could not be M1·. ALLEN. On the 14th of last month, in discussing the bill questioned. And yet his widow receives a pension of only $50 a granting a pension to the widow of the late Brevet Briga~dier month. General Cogswell, I got into some difficulty with the Committee I would not draw any invidious distinction between the widows on Pensions and some other Senators for opposing that bill at the of these deceased soldiers and comrades of mine, nor would I sum of $75 a month. I thought then, and I think now, that $50 a draw any distinction between their services that would look like month under the circumstances is ample compensation for that a reflection upon the one and an undue laudation of the other, be lady as compared with the pensions that have been granted to the cause each of these men no doubt performed his duty well at the widows of like soldiers during the last twenty-five years by special time and under the circumstances under which he was called into act of Congress. I was so thoroughly impressed with that fact service, and perhaps would have performed greater and more that I took occasion to address a letter to the Commissioner of brilliant service than he did if the opportunity had been afforded Pensions, asking him to furnish me a list of the colonels and brevet him. I call attention to these cases-and there are others equally brigadier-generals, because there is only the distinction of rank as conspicuous as those I have pointed out-for the purpose of and not of pay between those, whose widows have been pensioned showing that there has been an irregularity in the granting of by special act of Congress from. the close of the war until the pres pensions to the widows of the same class of officers in times past, ent time. and that some uniformity ought now to be established. I now want to call the attention of the honorable Senator from In glancing over this letter .of the Commissioner of Pensions, I New Hampshire to some of these cases. This iist goes no higher came across another conspicuous name. Louise A. Starkweather, than the rank of brigadier-general. There are pensions granted widow of John C. Starkweather, colonel of Wisconsin Volunteers to the widows of major-generals beyond these. and brigadier-general of volunteers, was pensioned by act of March I find the first case to be that of Mrs. Juliet Opie H. Ayers, 2, 1891, at $60 a month. There was another conspicuous example widow of Romeyn Beck Ayers, colonel of the Second United States, of a great soldier-- and brevet brigadier-general of volunteers. She was pensioned Mr. PALMER. He was a fine soldier. by act of Congress June 3, 1890, at the rate of $15 a month. I do 1\Ir. ALL.EN. My honorable frit:md from illinois says he was a not know much about General Ayers. He seems to have held the fine soldier. rank of a brevet brigadier-general, and he seems to have received Mr. PALMER. I knew him well. He served with my com~ an honorable discharge from the Army. I have no doubt in my mand. own mind that he discharged his duty faithfully, and bravely, and Mr. ALLEN. He says that he knew him well and he was a well, and intelligently as he was called upon to discharge it dur part of his command. Why was not this widow's pension raised ing his service in the Army. to $75 a month? I do not want to be understood as being opposed The next one I find is Harriet M. Bailey, widow of William P. to the granting of just pensions to the widows of mel'itorious sol Bailey, colonel of the Second Delaware Volunteers, who receives diers. I believe in it, although there ha.s been an attempt among a pension of $30 a month. The next is Mary Bailey, widow of a certain class of people since my discussion of the Cogswell case Joseph Bailey, brevet brigadier-general of volunteers, who receives here last month to put me in the attitude of antagonizing the a pension of $30 a month. Emma Biddle, widow of Charles J. granting of just pensions. Biddle, receives a pension of 45 a month, under an act of Con Mr. President, I believe every man who gave his services to his gress of February 13, 1889. Emily B. Bidwell, widow of Daniel country, who offered his life to his country, and who performed B. Bidwell, brigadier-general of volunteers, receives a pension of his duty meritoriously and well, should be recognized equally $50 a month and her daughter a pension of $12 a month. So with every other man who did the same thing. That has been my this list runs through. There are 63 of these pension cases, I position throughout my life. It will be my position the remainder think. In a great majority of the cases the rate of-pension is $30 of my life. For when a man gives his life to his country, whether a month, and there are but two above $50. Caroline S. Webster, he be in an arena where he shines conspicuously as a leader of widow of Fletcher Webster, colonel of the Twelfth Massachusetts men, or whether he be in an arena of inud and dust and fever, ex Volunteers, was pensioned by act of Congress, June 28, 1879, at posed to the inclemency of the weather and carrying his musket $100 a month, and I presume there was some sentiment in that and his knapsack and discharging his duty to his country as faith pension. Henrietta 0. Whittaker, widow of Walter C. Whittaker, fully as he can, what more can any man do than to offer his life brigadier-general of volunteers, was pensioned by act of Congress, in defense of the flag of his country? · And where comes the spirit August 15, 1890, at $100 a month. All the rest run from $15 a which we see manifested, especially in this Chamber, from time month up to $50 as the highest, and, as I stated, in the gr-eat ma to time, that seems to say that because some man by the fortunes jority of cases the rate is $30 a month. of politics or by some other fortuitous circumstances was made Mr. President, if there is sentiment in this matter (and I admit a leader of men for the time being, therefore, the great Creator of there is much sentiment in so far as I am concerned, because I was man had made some distinction between men of the same race and impressionable at that particular period in the history of the that distinction must exist under institutions like ours, which country), let me call the attention of the honorable chairman of recognize the political equality of all men, when the great armies the Committee on Pensions to a few cases that ought to have em of which they were members have been mustered out of the serv braced a little bit more sentiment than appears to have character ice of the Government and they have returned to the peaceful ized the passage of some of these act.s. I call the attention of the walks of life? Senator from New Hampshire to the case of Annie A. Hays, widow Mr. President, I am a democrat, not a Democrat in the sense of of Alexander Hays, brigadier-general of volunteers, who was pen belonging to the Democratic party, as a distinguished associate of • sioned July 14, 1870,at $50 a month by special act of cOngress. I ourshasfrequentlyannounced, but I am a democrat in the broader call the honorable Senator's attention to the fact that there was and mo:re comprehensive and catholic-sense of the term. I believe no brigadier-general in the Army during the histo1·y of our late every human being who walks upon the face of this earth, male civil strife who won greater fame or who rendered greater or more or female, who discharges his or hel' duties conscientiously, reva brilliant service to the cause of the Union than did Gen. Alexa.nder erently, in the fear and sight of God, in the station in which he Hays. Yet his widow was pensiuned at $50 a month. or she may be placed, is the equal politically, naturally, and so And let me call attention to another conspicuous case. Mrs. cially of every other man or woman. Meagher, widow of Thomas Francis Meagher, brigadier-general I want to denounce, as far as I am capable of using the English of volunteers, was pensioned by act of Congress! February 22, 1887, language, the spirit that has grown up in this country of making at $50 a month. It was notorious in this country during the days unwaiTanted and invidious distinctions among men and women. of the war that Thomas Francis Meagher was one of the greatest We would suppose at times when we listen to orations upon de Irish generals we had upon the side of the Union. He rendered ceased brigadier-generals and colonels that there was nothing in most conspicuous services. He was a great man intellectually, a the late army-and I say it with a spirit of entire reverence man of great qualifications, who discharged his full duty in the below the rank of a bt·igadier-general. In these degene1·ate days cause of the Union from the opening to the closing of the war. it is very hard to find a man who is willing to admit that he was Yet his widow receives but $50 a month. a private soldier, because the fact that· he was a private soldier I call attention to another case that my honorable friend, the seems, under the influences of modern society, to carry the impu ta junior Senator from illinois [Mr. PALMER 1, will recognize. I call tion that he was not much of a man. attention to the case of Martha Ann Walface, widow of W. H. H. What would have become of this country in the late struggle if Wallace, brigadier-general of volunteers, pensioned by special act there had not been 2,500,000 hone3t men who came from their of Congr-ess, July 23, 1868, at $50 a month. workshops, from their offices, from all the humble walks of life 1896. CONGRESSIONAL RECORD-SENATE... 1927• and shouldered their muskets and marched to victory under the It is proper to add that the list is not believed to be complete, for the reason that many special acts do not give the rank or service of tne soldier on ac leadership of many of these distinguished majors and brigadier count of whose service the pension is granted. The list, however, is as com generals? plete as can be furnished by this. Bureau from the Statutes at Large. .Mr. TURPIE. The man with the musket was a hero. Trusting that the information may be of service to you, I am, Very respectfully, Mr. ALLEN. My honorable friend, the Senator from Indiana, WM. LOCHREN, Commissioner. ' says the man with the musket was a hero. I am perfectly willing Hon. WILLIAM V. ALLEN, to divide honors with those gentlemen so far as I am concerned United States Senate. and so far as concerns those with whom I associated during that period. It was my fortune and sometimes my misfortune to march with some of those gentlemen on long, weary, muddy, and Name. I Rank. Date of act. Rate. disagreeable marches, and to participate in skirmishes and battles. --.--1--1- Some of them were great men; some of them were competent and Juliet Opie H. Ayers, Widow of Colonel Second June 3,1890 $1.5.00 brilliant. men. Many of them, however, were not worth the cloth Romeyn Beck Ayers. United States and brevet brigadier ing they wore. The same is true of the private soldiers in the general volunteers. ranks. Out of a regiment embracing a thousand men you never Harriet M. Bailey, widow of Wil- Colonel Second Del- Feb. 26,1885 30.00 could get to exceed 500 of them in fighting contact with the enemy. liam P. Bailey. aware Volunteers. Mar~ Bailey, widow o! Joseph Brevet brigadier- Apr. H,1888 30.00 Some were sick, some were detailed, some were stragglers, some Bailey. general volunteers. managed by hook or by crook to get out of the road of danger, Colonel First Penn- and about one-half of the whole number on the roll bore the brunt Emma Biddle, widow of Charles syl>ania Rifles Feb.13,1889 45.0& J. Biddle. and acting brig:r of the battle. adier-general vol Now, thirty years after the great conflict has ended, should we unteers. set up this standard of distinction in the United States Congress E¥f~~~ft:Well, widow of Daniel Brigadier-general of July 27, 1868 50. 00 volunteers. and say that one man, because he wore epaulets upon his shoulders Frances E. Bid well, daughter of _____ do--··------Feb. 22,1891 12.00 during that struggle, receiving the honor and the pay incident to Dani'-'1 D. Bidwell. his rank, is superior to his more humble companion who trudged Mary A. Blaisdell, widow of Wil Brevet brigadier- Oct. 1,1890 50.00 liam Blaisdell. genera.l volunteers. after him in the ranks weeks and months and years, fighting the Martha A. Bowling, widow of Wil Colonel Thirty-first _____ do------20.00 great battles, winning victories, and sometimes losing a battle? liam Bowling. Kentucky Volun- Mr. President, the distinction not only is not real, but it is an teer Infantry. Charlotte D. Crocker, widow of Brigadier·general of May 8,1886 50.00 insult to the great 1·ank and file of that Army. It is an open in Marcellus M. Crocker. volunteers. sult thrown into the faces of the great masses of the American Gustavus Alonzo Draper, son of Brevet brigadier- May 24,1890 18.00 people. We are a Republic in this country. The rights of the Alonzo G. Draper. general of volun- private soldier and the rights of. the humblest citizen in this land teers. Caroline E. Duryee, widow of Brigadier·general of Feb. 14,1891 50.00 are as sacred under our form of government, under our funda Abraham Duryee. volunteers. mental and statutory laws, under the protecting folds of the Morris Dwight, father of A. W. Colonel One hun- Mar. 3,1879 30.00 Dwight. dred and twenty- American flag, as are the rights of the most exalted and the most second New York accompUshed citizen; and we do ourselves injustice when we Volunteers. encourage this invidious distinction. Betsey A. Eaton, widow of Willard Colonei Thirteenth Mar. 3,1875 30.00 G. Eaton. Michigan Volun- When the war was over, when the armies disbanded, when those teers. men 1·eturned to the pea~eful pm·suits of llie, the inequality that Valeria B. Elliott, widow of W. L. Brigadiar·genel'11J of F'eb. 28, 1891 50.00' was forced upon them in consequence of the necessity of military Elliott. volunteers. Virginia L. M. Ewing, widow of _____ do------Aug. 29,1890 50.00 iliscipUne disappeared; the relations as they existed before that Charles Ewing. great event were reestablished. Whenever I hear the honorable Elizabeth K. Gallagher, widow of Colonel Eleventh May 7,1886 30.00 Senator from New Hampshire fMr. GALLINGER] plead the cause Thomas F. Gallagher. Reserve Corps.? Pennsylvania, a.na of one of those brigadier-generals or his widow I can not help but brevet brigadier- think how many thousands and hundreds of thousands of poor, general of volun- careworn widows of private soldiers there are in this c·ountry who t eers. must furnish evidence which would be sufficient to convict a man Mary A. Green, widow of William Colonel Twenty- Sept.29, 1890 00.00 A. Green. ninth Wisconsin of a crime beyond a reasonable doubt before they are permitted Volunteers. to take out of the Treasury of the United States the pittanc·e of Sarah Hackleman, widow of Pleas Brigadier-general of July 17,1868 50.00 $8 a month. Some persons can ride to the Pension Office in their ant A. Hackleman. volunteers. Juliet E. Hall, widow of William Colonel Eleventh Mar. 1,1869 30.00 carriages and draw $100 or $200 a month, and live in luxury. Hall. Iowa Volunteers. Another, equally meritorious, but the widow of a private soldier Juliet E. Hall, daughter of Wil _____ do------May 15,1874 30.00 or the widow of a noncommissioned officer, goes in a well-worn liam Hall. Margaret G. Halpine, widow of Lieutenant-colonel Feb.l4,1885 30.00 and faded calico dress and almost without shoes, and, getting Charles G. Halpme. and brevet briga- upon her knees, must beg for the pittance of eight or twelve dol dier-general vol- lars a month. It is wrong, and it ought not to be encouraged. unteers. MontravilleA. Harrington, father Colonel Twenty Sept.30, 1890 30.00 The time has come when this distinction must be wiped out. of Fazello A. Harrington. s e v en t h lllinois In my judgment no Senator in this body will gain political pre Volunteers. ferment, if tha.t is what he seeks (and I have sometimes suspected Appolonia Hassendeubel, Maria Colonel Seventh Feb. 12,1891 30.00 Hassendeubel, sisters of Franz Missouri V o 1 u n; that even in this Chamber political motives control thu action of Hassendeu bel. tears. Senators), who undertakes to force upon the country an unnatural Annie A. Hays, widow of Alexan Brigadier-general of July 14,1870 60.00 distinction like this. When the general went to the war with the der Hays. volunteers. increased pay and the increased honor that his position brought Louise M. Humphrey, widow of Colonel Eighty Jan. 15, 1889 30.00 George Humphrey. eighth Indiana him, and his humble neighbor went to the ranks carrying a musket Volunteers. to discharge his duty, and both of them gave to thecountrywhat Patsey Jackson, widow of James Brigadier-general of May 8,1886 50.00 they had, they should now stand alike upon the pay rolls of the S. Jackson. volunteers. Sue B. J ohnson, widow of Gilbert Colonel Thirteenth Mar. 1,1889 50.00 Government. They should occupy the same position in the hearts M. L. Johnson. Indiana V o 1 u n of their countrymen and in the history of the nation. Their teers and brevet widows should stand side by side as the honorable widows of men brigadier-general volunteers. who yielded up their lives in defense of the flag of their nation. Ma.ria T. Ka.rge, widow of Joseph Colonel Second New Mar. 2,1895 30.00 I desire to insert the letter of the Commissioner of Pensions in Karga. Jersey Cavalry. the RECORD as a part of my remarks. Elizabeth H. Lawler, widow of Brigadier-general of July 3,1884 50.00 Michael K . Lawler. volunteers. The VICE-PRESIDENT. Without objection, the letter will be N. W. Leasure, widow of Daniel Colonel One hun Oct. 1,1890 30.00 printed in the RECORD. Leasure. dredthPennsylva The letter referred to is as follows: nia Volunteers. Belinda. Macdonald, widow of Colonel Forty-sev Feb. 7,1879 30.00 Letter from the Commissioner of Pensions, transmitting a list, compiled Christopher R. Macdonald. enth New York from the Stn.tutes at Large of the United States, showing thena.mes of widows Volunteers. of colonels, brevet brigadier-generals, and brigadier-generals of the volun Melvina A. Maltby, widow of Brigadier-general of May U,187S 30.00 tcm·s who are in receipt of pensions under special acts. Jasper A. Mr.Jtby. volunteers. Rebecca C. Maxwell, widow of Colonel One hun Mar.22, 1S7S 30.00 DEPARTMENT OF THE INTERIOR, BUREAU OF PENSIOYS, 0. C. Maxwell. dred and ninety Washi-ngton, D. C., January 31, 1896. fourth Ohio Vol Sm: In compHance with your letter of January 15,1896, requesting infor unteers. mation relative to certain pensioners under special acts of Congress, I trans Julia. E. Lock, formerly widow of Colonel Fifty - sec Feb. 13, 1895 30.00 mit herewith a list, compiled from the Statutes at Large of the United Daniel McCook. ond Ohio Volun States, showing the names of widows of colonels, brevet brigadier-generals, teers, and briga- and brigadier-generals of the volunteel'S who are in receipt of pensions dier-general vol- under special acts. unteers. 1928·· CONGRESSIONAL RECORD-SENATE. FEBRUARY 19, . of this fact, if none other, the pension should be enlarged beyond · Name. R:mk. Date of act. Rate. that granted to others. I mention this fact because it is known . better to me than to others. Lorain McCook, widow of Edwin Colonel Thirty-first Feb. 14,1891 $30.00 Now, I wish to say a few words more. I have always con S. McCook. illinois V o 1 u n - sidered that it was the part of the Union soldiers and the repre teers. and brevet sentatives of the Northern people to determine the pensions thatl major-general vol- unteers. should be · gTanted to their soldiers and widows on account of Hettie McConnell, widow of H. K. Colonel Seventy- Sept.29,1890 30.00 services during the late war, and I have voted for whatever they, . McConnelL first Ohio Volun- by the majority, said was the established sentiment and opinion of teers. Ada H. McDonald, widow of Colonel First Ten- Mar. 3,1873 30.00. the Northern people. I am still prepared to do so. But I do not Charles McDonald. nessee l'liilitia. agree with the Senator from Nebraska [Mr. ALLEN]. It is rea- . Marion McKibben, widow of Colonel One hun- Feb. 27, 1891 30.00 sonable to assume that the man who is selected by the private sol David B. McKibben. dred and fifty- eighth and Two diers themselves to be in command gave something more to his hundred and four- country than the average private soldier did. He gave a higher teenth Penns yl- degree of intelligence than did the average man in the ranks. vania VolUilteers, and brevet briga- Mr. ALLEN. Will the Senator from Florida permit me to in dier-general v o 1- terrupt him? unteers. Mr. CALL. Certainly. Elizabeth M. J. Meagher, widow Brigadier-general of Feb. 22,1887 50.00 Mr. ALLEN. Is the Senator willing assert. that the office1·s of Thomas Francis Meagher. volunteers. to Jennie S. Mitchell, widow of _____ do_------June27,1882 50.00 bad a monopoly of intelligence? Robert B. Mitchell. Mr. CALL. No; not a monopoly. SoJihia A. Morgan, widow of Brevet brigadier- Mar. 3, 1885 50.00 Mr. ALLEN. Does the Senator mean to assert that if all of (.,'harles H. Morgan. general vol un- teers and briga- them, by some mysterious power of Providence, had been taken. dier-general v o 1- away; there were not men in the ranks competent to perform their unteers. duties? Marion A. Mulligan, widow of Colonel Twenty June22, 1882 50.00 James A. Mulligan. third illinois Vol Mr. CALL. No. But that has nothing to do with the Sena unteers. tor's proposition. When the man in the ranks was chosen by the Mary E. Murray, widow of Wil Colonel Eighty June27, 1884 18.00 soldiers, and bad the ability to perform that duty, he rendered a liam G. Murray. fourth Pennsyl vania. Volunteers. service greater than that of his fellows. It was greater in respon Elizabeth A. N eibling, widow of Colonel Twenty-first Mar. 13, 187G 30.00 sibility and greater in its requirements and its labor and self James M. NeiblinO'. Ohio Volunteers. sacrifice. Margaret Proctor ~ oyes, widow Colonel Thirty-ninth Feb. H,1891 50.00 of Edward F. Noyes. Ohio Volunteers Mr. ALLEN. Why does the Senator assert that the officers had and brevet b~iga the superior intellect? . . . dier-general Vol Mr. CALL. Because their comrades chose them for those places unteers. Jane Robinson, widow of Harai Colonel First Lou Oct. 17,1888 30.00 for that reason. Robinson. isiana Volunteer Mr. ALLEN. Let me call the Senator's attention to one thing. Cavalry. The private soldiers of the late war have succeeded in civil life to Sallie Rodman, widow of Isaac P. Brigadier-general of Feb. 10,1885 50.00 a greater·extent than have the officers. Rodman. volunteers. Emma L. Selfridge, widow of Colonel Forty-sixth Apr. 30,1890 30.00 Mr. CALL. That may be, and yet it has nothing to do with James L. Selfri.dge. Pennsylvania Vol the argument. I question, however, whether the Senator bas any unteers. data whatever upon which to base that proposition. They were Abby Slocum, widow of JohnS. Colonel Second Feb. 26,1889 50.-00 Slocum. Rhode Island Vol infinitely more numerous; unquestionably the number was much unteers. greater, and therefore their success is more obvious than that of Louise A. Starkweather, widow of Colonel Wisconsin Mar. 2,1891 50.00 the officers. John C. Starkweather. Volunteers and brigadier -general · But I want to speak about this proposition. I am as much in volunteers. favor of doing everything that is possible for the great masses of Jeannie Stone, widow of Charles :Brigadier-general of June 9,1888 50.00 the people, in the individual and in the aggregate, as is anybody P. Stone. volunteers. Mary J. Stover, _widow of Daniel Colonel Fourth Ten Mar. 2,1883 30.00 else; but I am not in favor of any policies or laws which will Stover. nessee Volunteers. militate against the benefit of the individuals who constitute the Ann E. Tew, widow of George W. Colonel Fifth Rhode Feb. 28,1891 30.00 great mass of the people. ·If I had the power I would give all Tew. Island Volunteers. Kate Lane Townes, widow of Rob Colonel (staff Fif Sept.29, 1890 30.00 brave and meritorious soldiers of either army unable to earn a ert R. Townes. teenth Army support, and their widows and children, an adequate pension. Corps) volunteers. Now, the arg"Q.ID.ent of the Senator from Nebraska [Mr. ALLEN] is Ellen E. Truex, widow of William Colonel Fourteenth Feb. 12,1891 30.00 just as forcible as if he were to say that the members of this S. Truex. · 1 ~;;;;e!:rsebr'!t~t body, the President of the Unit~d States and the members of his brigadier-general Cabinet, and the judges of the courts should be given the same pay volunteers. as the workman who constructs a house or who engages in any of Martha Ann Wallace, widow of Brigadier-general of July 23,1868 50.00 W. H. H. Wallace. volunteers. the useful and necessary occupations of labor. They are more Ellen A. Vance, daughter of Joseph Colonel Ninety-sixth Feb. H,1885 18.00 necessary perhaps than the brains of the country. The intelli W. Vance. · Ohio Volunteers. gence of the country could not live without them, but neither Sallie T. Ward, widow of W. T. Brigadier-general of May 24,1890 50.00 Ward. volunteers. can they Jive without the brains which their humble circum Elizabeth Ward, widow of Durbin Brevet brigadier Jan. 27,1887 50.00 stances furnish to the country to constitute its guide and its light: Ward. general volunteers. The genius and the intellect of the country come from the poor Caroline S. Webster, widow of Colonel Twelfth Mas June28,1879 100.00 Fletcher Webster. sachusetts Volun people. The private soldier becomes an officer and is chosen by teers. private soldiers. When they are placed in position to guide and Henrietta 0. Whittaker, widow of Brigadier-general of Aug. 15,1890 100.00 direct, manifestly an additional responsibility, an additional duty, Walter C. Whittaker. volunteers. an additional expense is imposed upon them. Unless you make Adelaide H. Woodall, widow of Colonel One hundred July 22,1890 30.00 French B. Woodall. the Army andCongress a plutocratic bodyandforbid a represent; f:~ ~~i~:!r~- ative of the poor or of the privates from coming here or being an officer, how could Sen!:ttors live here or officers give their time to Mr. CALL. Mr. President, in reference to this bill, it is a mat the performance of their public duties upon the one, two, three, or ter of duty that I should say a few words. The widow who is to four dollars a day which is the pay of the laborers of the country? be the recipient of the pension proposed to be granted is the That is the proposition of the Senator. Thepeople honor them daughter of a citizen of Florida whom I knew in my early life. selves when they honor their meritorious public servants. We I happen to have some information in regard to the peculiar cir live in a Republic where the people govern, and it is our boast and cumstances which would constitute this a:r;t exception even to the pride that the private, the poorest man is not excluded from the rule proposed by the Senator from Nebraska [Mr. ALLEN], if it highest offices and the greatest responsibilities. We are a people were a correct rule, which I do not think it is. who, in contradistinction to monarchy, to royalty, to hereditary The husband, General Spencer, for whose service the pension is estates, to riches, rank, and power, desire to see their representa to be granted to his widow, lived for some years in a condition of tives chosen by ourselves from the people placed in positions where feebleness and inability to perform any work for himself, and they will stand equal with any others in any other Government was dependent upon his wife, I understand, and not upon the and under any other circumstances. This is democracy, and this Treasury of the United States. By her exertion he was for years alone. . supported and sustained iri time of sickness, and I understand I do not agree with the Senator from Arkansas [Mr. BERRYJ. from some personal knowledge of herself and her affairs that he The poor man who comes her~ and r~nders faithful service to hiS derived from her labor and her efforts that support which was due . country has a right to have his children educated; he has a right to him from the Treasury of the United States. In consideration to have them appear decently and in good shape to the rest of 1896. CONGRESSIONAL RECORD-SENATE. 1~29 . the people of the country; and he has a right to have compensa tional price. But the pension of a widow is upon a wholly differ tion sufficient to make provision for his family. It is to the dis ent principle. It is given to her for her support, because her hus grace of ourselves and our conntry that the descendants of Thomas band lost his life in time of war. The man she married was an Jefferson, the great light of the people, and of Madison, and of officer; it may be true that he had more intelligence than the many of our other public men, who have giv.en their services to private soldier, yet I do not believe in the theory that she, too, must the country, were left in the most absolute poverty. It is to our be placed upon a higher plane and given an additional amount di~grace that our inefficient means of industrial education leave because of the higher intelligence of her husband. in a condition of destitution the children of many of the men who As I said in the beginning, I well know that nothing I can say have rendered most important service in the cause of freedom and here would tend to defeat any pension bill, however unjust or of the people, and who might have acquired fortunes and given absurd it may be; but when I sit by, day by day, and see these comfort to their family. · distinctions made; when I see one colonel's widow given $30, an No, the argument is a wrong one. The public service rendered other $50, another $75, and all equally meritorious, while the pri by faithful-public servants, either in the Army or in civil life, vate soldier's widow receives from eight to twelve and a half ought to be adequately rewarded, and the families of such men dollars, I believe it is unjust, and I believe I would not be true to ought to be proVlded with reasonable comforts. To say that be myself if I did not express my objection to such legislation. cause you can not do this for all the widows of this country-! As I said a while ago, the Senator from New Hampshire [Mr. W.sh you could-is no argument why you should not do it so far GALLINGER] who reported the bill gave several reasons why this as you can. To say that yon can not do this for all the widows in widow should receive $75, when others receive only $50. The the country because their husbands have rendered meritorious reason to which I most objected is the one given by him that she service, but yet not the same kind of service as others, is no is the widow of a United States Senator. That is no reason, no· argument. cause, sentimentally or other~ise, why this dist:nction should be The question is, does the established and necessary order of made. - things require superior ability and guidance? Does it require that Mr. CALL. Mr. President, the Senator from Arkansas [Mr. when the people charge one of their fellow-citizens with extraor BERRY] resorts to the old practice of knocking down a man of dinary and important duties he shall not be surrounded with the straw instead of the real point of objection to his argument. The circumstances to enable him to perform those duties, and that reason why Southern men, Confederate men, whose sympathies when to the exclusion of gain to himself he has passed through were against the war of the Union, have not been compicuous in life in the people's service his family shall have no provision made fixing the rates of compensation to be paid to Union soldier-s is an for them, even in the shape of the small sum of money which he obvious one. Recognizing the right and the duty of Senators, would have earned ina few months? I do not agree with the ar without reference to their past, to do that which seems to them gument. best for the country, the question then arises, is it wise q,nd proper Mr. BERRY. M.r. President, I wish to say a few words in re that we, with our prejudices and animosities, after the war shall sponse to those uttered by the Senator from Florida r:Mr. CALL]. say what would be the proper compensation for those people to · His first statement was that he thought that those who served in whom we were antagonistic? the Union Army, or at least were in sympathy with that Army, The sentiment of the Northern people would revolt at it, and it ought to determine the amount of pensions that should be granted would then have been unwise, as it is now unwise for us to en here, thereby infening, I suppose, that no one who did not serve deavor to oppose that public sentiment which has a right under in that Army, although he is a Senator or a Member of the House the circumstances to fix the compensation of their own people. of Representatives, has any right to express any opinion about it, If we had triumphed in our cause we should have resented oppo but is simply bound to let those who were in sympathy with the sition on the part of the N orth3rn people to such compensation as Union cause determine it. we thought fit to prescribe to the men who had accomplished I think a great many Senators here from the South have been success for us. silent from time to time because of the very idea expressed by the This contention about the private soldier has nothing to do with Senator from Florida, that any attempt upon our part to regu the question. We are all private soldiers. The danger to the late the amotmt of the pensions would be resented and perhaps private soldier and to the people of this country is not from giving misunderstood. But we are here as the representatives of our adequate rewards to Senators and public servants and officers; it people. If we are not equal in all respects to every other Senator, is in the great public policies which build up a class of people so with a perfect right and the duty incumbent upon us to vote for enormously rich that they alone can hold the places of power and such bills as we think are proper and just, and against such as public trust. The friend of the people, the real democrat, is he we think are hurtful, then we ought not to be permitted to have who provides for the poor man's coming into places of power and seats upon this floor. If we are unequal, if we have no right to for his adequate support. express an opinion upon any matter that may become public leg Those who seek to reduce the public servant, the poor man who islation, then we never ought to have come here. As I feel, our has risen to position by the voice of other poor men, to sueh pov States at least have equal rights in this Union, and if we are per erty that he can not perform those public services, who discrimi mitted to represent them upon this floor we are equal with every nate against him and his family in the ordinary walks of life, are other man in every respect so far as the right to vote and to ex not the friends of the people, are not the defenders of republican press an opinion upon any public measure is concerned. institutions, however much they may think they are. The true Now, the second proposition of the Senator from Florida is that policy of popular government is that the representatives of the there ought to be a civil list, and that the widows and children of people, they whom the people select, shall be removed from the Senators or men who have served the public ought to be on the influences of wealth and power, and made independent to exercise pension roll, or, to use his language, ought to be provided for by proper judgment for the people, responsible to them, and respon the Government. Mr. President, I protest against any such idea sible for public policies which are in their interest, and not in the or any such proposition. The Senator says that we spend our lives interest of concentrated power and wealth and herditary influence. in serving the public. The truth is, and everybody knows it, that Mr. President, that is the true democracy, and the only possi there is not a man here who did not want to be here, and he would ble democracy. I do not say that officers are more intelligent than not be he1·e unless he sought the place and thought-the compensa the private soldiers; I have never made that affirmation. I say tion and the honor were equal to the service he might render. that the private soldier when he selects a leader selects a man Because men who seek these positions, when they are sought for of the greatest intelligence. I say the officers selected by the by hundreds of their countrymen, are so fortunate as to secure people are more intelligent than the average of the private sol them, is no reason why the balance of the people of the country diers. I say that the public man in this body is more intelligent should contribute of their means tosupportthewives and children than the average of the people; he has had greater opportunity of those who have been in public life. presumably, from his having the confidence of the poor people of I say that our Government, if I have understood its object and the country who, in most cases, elevate him to power. That very purposes, is founded upon different principles. I have been fact is evidence that they consider that he is above and beyond taught to believe that this is a Republic in which each man is the general average. equal before the law. I have been taught to believe that if you I am not in favor of that kind of democracy which sentences build up a privileged class, a class of officeholders,-whose wives the man chosen by the people to exercise important public func and daughters shall be foisted upon the Government, to be sup tions to poverty and his family to want. I have said nothing ported by the balance of the people of this nation, then we will about favoring a pension for a civilian or a civil list. I am not in no longer be a Republic where equality exists. favor of a pemion to the civil-service employees. What has the I wish to say another word or two. The Senator from Florida fact that a man seeks a particular place, that he wants the honor says it is perfectly proper that this distinction shall be made in the and the emoluments of a public office, to do with a public nolicy matter of pensions because the officers of the Army had more in which shall provide a reasonable compensation and an inducement telligence than the privates. That might be a reason why in time topnblic men to qualify themselves for public service? That has of war we should pay the officer a greater salary than the private, nothing more to do with the proposition of the Senator from .Ax beeause the situation might be such that it would be impossible kansas than it has with the North or South Pole. to secure the best talent of the country unless you did pay an addi- Thepropositionis, what is the bestpublicpolicy? Is it one which ... 1930 CONGRESSIONAL RECORD-SENATE. FEBRUARY 19, shall offer inducement to the poor people of this country, to the different lines, it is true, to the cause of their country at the call boys and the women who wish to qualify themselves for important of the country. Why, Mr. President, if I believed that doctrine public places, or is it one that offers them no inducement to hon I would expatriate myself in twenty-four hours. !would go over Ol'able ambition? What is the best public policy? Is it to say to Great Britain, where Queen Victoria rules supreme over the you shall take, as the penalty of this elevation by the choice of British Empire, and]. do not know but that I should go to Russia, your people, of this seeking for place, poverty and social inferi where the Emperor IS the Government. · ority for yourself and family-that this shall be your reward for Mr. CALL. If the Senator believed that, he would go to England faithful public service? Is that the kind of Government which or to Russia, as he says; and I ask him whether he ought not to the argument of the Senator from Arkansas demands? It is to take but a dollar and a half a day for his service here, and is he punish merit, it is to punish honorable ambition, it is to punish not bound to decline every dollar that the Government pays him faithful public service, to punish devotion to the people and to over a dollar and a half a day? • true Democracy. It is to exclude the body of the people, who are Mr. ALLEN. I am perfectly willing to enter into a contract poor, who are privates, from holding office. To that kind of policy with the Senator from Florida to take the same pay he takes. I am opposed; and if Senators on the other side and the people of [Laughter.] · theNorth see fit to a ward to their genera.Is and the officers of their Mr. CALL. Oh, well, I would not take thC\;t. You are safe in Army pensions, and to make diffe1·ences between them and the making that proposition. mass of the soldiers. I have not one word to say in objection to it. Mr. ALLEN. And I think I can earn as much here or elsewhere As to the proposition that every private soldier should have a as can the Senator from Florida. pension, yes, and every widow, and be put in luxury for meri Mr. President, the sentiment expressed by the Senator from torious service of the 500 1·eferred to out of the 1,000 who, as the Florida is un-American. We are not only to have this distinction Senator from Nebraska says, fought the battles of the country, I exist in military life, but it is to exist in private life, in the life of agree to it. I would like both them· and the Confederate soldiers the citizen. The Senator would go further and would convert and their widows all to have a general's pension, if you can so this country into an aristocracy-- manage it; but how can you do it? You can not give a gTeat Mr. CALL. Oh, no. That is what your policy would do by pension to every widow. You can not find out now who were excluding all poor men and all privates from holding office and the 500 who fought and the 500 who did not. The people who confining the offices to the rich. labor, and out of whose labor pensions are paid, can not bear Mr. ALLEN. With a ruling class of people, where a few men, such great increase of their burdens. The Senator from Nebraska through the-influences of wealth or rank, would control the des can not ascertain the fact as to who were the meritorious 500 tinies of a great nation, while the great masses of our people would who bore the brunt of battle. He himself says that there were simply be their serfs, contl·ibuting by their labor and their taxes 500 men out of every 1,000 who were not in the thick of battle, but to the strengthening and upbuilding of that class. I am abso some of them in other duty, and some stragglers and in no duty. lutely surprised and completely amazed at the attitude of the Mr. ALLEN. No; I did not say so, Mr. President. Senator from Florida. :M:r. CALL. Did you not say that some were stragglers? That Mr. C_J\.LL. Mr. President, the Senator will allow me to say- 500 bore the brunt of the action? Mt. ALLEN. Let me go on. Mr. ALLEN. No; I did not say so. Mr. CALL. Very well; go on. Mr. CALL. I will take that back, then. I think those were the Mr. ALLEN. Not only that, but the Senator would build up a words used by the Senator, though he did not mean that, and I civil list in this country-- do not mean to impute to him any reflections on eitheT officers or Mr. CALL. I did not say so and I am not in favor of any such soldiers, for I have a high respect for him and for his opinions proposition. and for the Senator from Arkansas. I am discussing the reason Mr. ALLEN. So that we should have the widows and children ableness of these arguments and the public policy they advocate of men in public life pensioned for their lives, like the widows and in this respect. daughters of brigadier-generals, until, in the course of a few years, Mr. ALLEN. No; I know what I say generally. I said out of we should have upon the civil pension list of this country a mil a regiment of 1,000 men that experience had proved that neveT to lion people. Why, Mr. President, is that Flodda Democracy? exceed mOTe than one-half of them came in fighting contact with Mr. CALL. I am astonished at the Senator. He is here advo the enemy, that the other 500 were on detail duty or on the sick cating a policy which demands that a million soldiers and their list, and some of them were straggling and at other places rather widows shaH be put upon the pension list in comfort and luxury, than in fighting contact with the enemy. with brigadiers' pensions, an impossible thing, and he turns around :Mr. CALL. Then you do not want stragglers to be pensioned? and asks me about putting a million pensioners on the civil list. l\Ir. ALLEN. I never in the world would pension a straggler, I have never said that I was in favor of a civil pension list, if I had my way. and I am opposed to it; but the Senator ha-s said, and he is ar :Mr. CALL. It is impossible to carry out the idea of the Senator guing here, that every soldier and every soldier's widow, more from Nebraska to pension the widows of every private soldier, so than a million in aU, shall be put away up above the present rate. that they will be in abundant comfort; but it is possible to pension If that were possible I might agree with him, but he turns around those of whom we have ascertained records of distinguished and and charges upon me just what he is in favor of and has been extraordinary service. And in this there is no distinction between urging here, which is impossible, and which he would not do if he officer and private or officers' widows and privates' widows; wher had the power, and charges on me propositions which. I have never ever they rendered the same service the same pensions should be stated and to which I am entirely opposed. awarded; but the question is, is the officer's service the same, are Mr. ALLEN. No, Mr. President; I am not unwarrantably ac the duties the same as the private's, are the responsibilities the cusing the Senator from Florida. I say that I drew distinc:tly same? Is the service of a faithful public servant or officer on the from the language the Senator used the conclusion that he wanted same or a larger scale than that of the private citizen or soldier? to see pensioned the widow and the children of a man because he Mr. ALLEN. Mr. President, I will make answer to the Sena happened to have been in the Senate or the House of Representa tor from Florida. Take the widows, for instance, of two equally tives, thus discriminating in their favor as against the widow and meritorious men, of equal intellectual capacity, of equal capacity the children of the poor men in this country who are working for in p1'ivate life, women who are equal in their social life from girl a livelihood. hood to womanhood, who are equal in the literary and the other Mr. CALL. The Senator should always stick to the point. The acquirements that go to make up perfect womanhood-! want to Senator from Arkansas attacked the allowance of a year's salary ask the Senator from Florida if, when their husbands die, he to the widow of a Senator; i defended it and said it was right. would give to one of them $50 a month and to the other $8 a That is nothing like a civil pension list. I again repeat, as I have month because of the distinction that existed between their hus constantly done, that I am opposed topensioningSenator'swidows bands during their service? or any civil employees' widows. I want to emphasize the statement. I can not agree with the Mr. ALLEN. What was the Senator doing when he was talk Senator from Florida, and I am certainly surpTised to see the dis ing about distinguished m.en serving their country in this Cham tinguished Senator from Florida join the plutocrats in this ber? Chamber. Mr. CALL. I was arguing the point of reasonable compensa Mr. CALL. Oh, no. ' tion foT valuable public services. Mr. ALLEN. If any man has been constant, in ·season and out Mr. ALLEN. The Sel).ator was arguing the point that there of season, during this Congress and dlll'ingthe Fifty-third Congress was some distinction between those men and the men whom they in preaching the cause of reform and the cause of the common represented. man, that man has been the senior Senator from Florida. And Mr. CALL. The only distinction is that one renders public now all this preaching of hisistogofor naught at this time, and he service and the other does not. That is all that I said, and all wantstoimpressupontheSenateand upon the countrythatt.here is that is involved in the argument. some kind of distinction existing between men in this country-! Mr. ALLEN. One renders service, so the Senator from Florida do not know how, and he has not explained how-and between the says, and the other does not; but the other is perfectly willing to meritorious widows of the men who consecrated themselves, in do so. 1896. CONGRESSIONAL RECORD-SENATE. 1931 Mr. CALL. I am willing to admit that. Mr. CALL. I must correct the Senator. I say we are told there Mr. ALLEN. I have not the slightest doubt that we eanfind in was a difference in their service, because the private soldier of the the State of Florida 10,000 of its citizens who would be perfectly army said so; and not because one was a colonel and the other willing to represent that great State in this Chamber. was not. Mr. CALL. And the same is true of Nebraska, too. Mr. ALLEN. He never said so, and no reasonable man upon Mr. ALLEN. Yes; and Nebraska, too. I know that. [Laugh the face of this earth ever said so honestly. - ter.] And there are 10,000 citizens, with no disparagement to my :Mr. CALL. How, then, did the man get to be an officer? honorable friend from Florida, who would represent that State Mr. ALLEN. By hook and by crook; by political influences equally as well. · many times. Mr. CALL. Possibly better. Mr. CALL. Did President Lincoln appoint men to be officers Mr. ALLEN. Now, what? Because we are so fortunate, per by hook and by crook, or because of merit? haps, or unfortunate, as to be members of this body-and it is a Mr. ALLEN. No; President Lincoln didnot have anything to question yet whether it is a fortune or a misfortune to be in this do with the appointment of many of them. Chamber-are our widows and children t-o be put upon a civil 1\Ir. CALL. I supposed he had. list, and become a civil aristocracy in this country, as against the Mr. ALLEN. Most of them were appointed by the governors widows and children of the great masses of the people who have of the States. built up this magnificent and splendid Republic? Mr. CALL. Then your governors were very bad men. That Mr. CALL. Of course not. is your proposition. Mr. ALLEN. No; of course not. It does not soundrightwhen Mr. ALLEN. No, Mr. President; no worse than the governor put in proper language, does it? of the State of Florida at the same time. · M.r. CALL. You do not put it in proper language. Mr. CALL. I have nothing to say about that. Mr. ALLEN. Mr. President, what I stated a while ago Ire Mr. ALLEN. I want to say to the Senator from Florida that peat at this moment. The distinction that Senators would make he can not get away from the proposition he has laid down here, is between the widows and the children of brigadier-generals and that the fact that there was a distinction in the rank of these men the great masses of the unknown soldiers, the humble men who was conclusive and indubitable proof of a distinction in their in performed services to this country in the late war, and who will tellectual capacity. perform those services in the great war to come with Great Brit Mr. CALL. I said nothing of that sort. ain on the Monroe doctrine, because it seems to be imminent now; Mr. ALLEN. Did not the Senator say that there was a distinc and I am surp1'ised again at the Senator from Florida, and not tion in the intellectual capacity of the officers and men? only surprised, but I am absolutely amazed to think that the Sen Mr. CALL. I deny the statement entu·ely. I have never sai~ ator from Florida would rise in his place in the Senate of the and do not believe, that because you call one man ''colonel" and United States and saythatalieutenanthada brighter, a stronger, another man ''Tom" that there is a distinction between those and a better intellect than a private soldier. men; but if a great ma~s of men say that a man who is called Mr. President, thera were hundreds and perhaps thousands of colonel is called so because of his distinguished valor and his su officers who could not write their own names until some private perior ability, I believe those men. That is what I said. soldier taught them how to do it; and yet the Senator rises in his Mr. ALLEN. I will say to the Senator from Florida that a few place and declares to the world that the officer has a superior in years ago I took a trip down into the section of country where the tellect to the man who wore the blue or the man who wore the Senator lives-- gray. Mr. CALL. That has nothing to do with this matter. Mr. CALL. Mr. President, nothing of that sort has been said. Mr. ALLEN. Yes; it has something to do with it. If the Northern Army was, as the Senator has said, officered by While driving over the mountains, as I remember, of an adjoin men who could not write their names, it was an extraordinary ing State I would say to the dl·i ver: ''Who lives over there in that condition of things. I am sure he does not mean this. nice mansion?" '' Colonel Moore." ''Who lives over here at that Mr. ALLEN. I said some of them. place?" '' Colonel Smith." ''Who lives over here at this other Mr. CALL. We were notspealringofsome. If you werespeak place?" "Colonel Jones." I said to him: "All these men must fug of some, then you were not arguing the case; but we were have been in the army during the war." "Oh, no," he replied, speaking of the mass; and I said the soldiers themselves chose one "not one of them; they inherit their titles down here as colonel." of tbeil· comradeg, a private, to be their leader; and if the Senator. And, Mr. President, in two days' drive in a country that had been assails their intelligence by saying that they chose the most ig settled for over two hundl·ed years I could not find a man below norant among them, it is he that is assailing the private Union the rank of major. [Laughter.] All the private soldiers seemed soldier and not I. to have mysteriously dropped through the earth or disappeared in Mr. President, what the Senator has said about a civil list I some form. . deny. I said nothing about a civil list; but I said that to the Mr. CALL. It is no harm for a man to be called major or widow of the public servant who sat here a,nd labored here and colonel if he has a right to the title. did service here and died, Congress gave a year's salary, and it Mr. ALLEN. I suppose it is a little sign of we<1kness, however, did right, because his people had chosen him, he had accepted, and if he is not entitled to it, and sometimes it is a sign of weakness bad faithfully rendered service to the public, and dying left in if he insists on it when he is entitled to it. most cases a family without adequate support. So I say about Now, the Senator wants to supplement this military aristocracy ths officers of the Union Army who were privates and became by a civil aristocracy-- officers at the request of their comrades or with theu· consent. I Mr. CALL. Oh, no; I am opposed to any aristocracy, and hava take it for granted that when the patriotic and able and great not said anything of the kind. President of the United States, Abraham Lincoln, who was the Mr. ALLEN. The first thing you know this country will be author of all appointments in the Army, appointed an officer, he turned over to the keeping of a few men, and the great masses of did it either because of his proved record of superior intelligence, our patriotic citizens will become agricultural serfs to the ruling capacity, and bravery, or because the public sentiment and judg power. ment of the private soldiers had selected their fellow-soldier for Mr. CALL. Will the Senator allow me to inteiTupt him? this more responsible position. And if the Senator says that The VICE-PRESIDENT. Does the Senator from Nebraska President Lincoln and that Grant and Sherman selected for yield to the Senator from Florida? leadership men who were neither capable nor brave, it is he, and Mr. ALLEN. Certainly. not I, who assails the Union private soldier. _ Mr. CALL. I protest against the Senator turning around to Mr. ALLEN. Mr. President, the Senator from Nebraska has me and accusing me of such conclusions and opinions, when the not made any statement of the kind. I regret exceedingly to see Senator is proposing that every man shall be so poor that none my friend from Florida beating about the bush now and under but plutocrats and rich men can hold public office. The Senator taking to get out of the uncomfortable position in which he has is the man who is advocating a plutocracy and not I .. placed himself. Mr. ALLEN. No, 1\-Ir. P1·esident. Mr. CALL. Oh, no; you are the one who is bushed. rLaughter.] 1\ir. GALLINGER. If the Senator will permit me- Mr. ALLEN. I said that there were hundl·edsand thousands M.r. ALLEN. In a moment I will yield to the distinguished perhaps I should not go any further than that-of these men who Senator from New Hampshire. were even taught to write their own names by private soldiers, Mr. GALLINGER. You are very kind; thank you. and I will say that that existed North and South, too, because it Mr. ALLEN. I do not want a plutocracy in this country. I is conect. should like to get the plutocracy out of t:Qe Senate; I should like Mr. CALL. No; not in the South. to get it out of the House of Representatives; I should like to get Mr. ALLEN. And yet we are told openly in the Senate of the it out of the White House; I should like to get it out of the Su United States that by force of the fact that one man was an offi preme Court; and I should like to get the people enthroned in this cer and the other was a private soldier, therefore there was a Government, in every branch of it. distinction between their intellects and their moral courage. Mr. CALL. By making them so poor that they can not afford it? 1932 CONGRESSIONAL RECORD-SENATE. ·. _FEBRUARY 19, Mr. ALLEN. I want to tell the distinguished· Senator from his time to the people's service to say to him, if you serve the pub Florida that now that the Populists have succeeded in destroying lic you must content yourself with poverty and discomfort to the Democratic party-- yourself and family? I am opposed to all pensions for Senators Mr. HARRIS. Since when? and their :families and for all civil employees, but the question of Mr. ALLEN. In this Chamber; like the locusts, we are migrat a reasonable compensation for services is certainly different. ing to the Republican party, and we propose to destroy them, Mr. ALLEN. Oh, no, Mr. President. If I could not make too [laughter], and the result will be in 1900 that the people will enough money out of the salary of my position in the Senate to come into the inheritance of their own. support my family I would go back to my profession, where I can Mr. CHANDLER. Why does the Senator put it off to 1900: let double it. I can make money there. me ask? Mr. CALL. The Senator can not get out of it in that way. He Mr. ALLEN. I put it off to 1900 because the scalawags who :fixes the salary, and upon his principle he would make it but $1.50 have revolutionized this Government have fastened their fangs so a day. deeply in every department for the last thirty years that it will Mr. ALLEN. No; I would not agree to that. I should want at take six or seven years to uproot them and throw them out, and least $2 a day. No, Mr. President, if the salary is not large enough I do not anticipate-- . for the Senator from Florida-- Mr. HARRIS. To what scalawags does the Senator refer? Mr. CALL. The Senator from Florida has said nothing about Mr. ALLEN. There are some things in this life that are so it; nothing about its being too small or too large. sacred that they ought not to be told; and I decline to answer my Mr. ALLEN. Or any other Senator; and he thinks that this distinguished friend from Tennessee. fLaughter.] Government should pension his widow and his children when he Mr. HARRIS. I supposed you would. [Laughter.] isgone- :M.r. ALLEN. Let me make one more remark regarding the Mr. CALL. The Senator from Florida said nothing about that. argument of the Senator from Florida, and then I shall be done. Mr. ALLEN. Let him shake the dust of the capital from .his The Senator seems to think because a few men get into public life feet, and go back into the fruitful fields of Florida, and earn ten or and a great many of the people think that they get here wrong fifteen thousand dollars a year practicing law. fully~that, therefore, instantaneously there springs up something Mr. UALL. Let meagaininterrupttheSenator from Nebra.ska. that is sacred about their persons and about the persons of their The Senator reiterates here that because I may be a poov -~tl I wives and children that does not apply to the persons of the wives have no right to be in the Senate. What sort of a propositY&.li:'is and children of the common masses. that? I said before that according to his argument, although I Mr. CALL. Oh, no. I neither said nor think anything of the do not believe the Senator really believes it, we would have a kind. Governm~ntin which none but the wealthy, therich people, would Mr. ALLEN. The Senator says we give our great ability to the hold office. public service. The Senator talks to me as if I did not think the salary is suffi Mr. CALL. No, I did not say that. cient. I have said nothing about whether it is sufficient or in Mr. ALLEN. Therefore our wives and children should be sufficient. He is the one who has spoken of that matter. rewarded. Mr. ALLEN. I have said nothing about the poverty of the Mr. CALL. I hope the Senator will not misrepresent me. I Senator from Florida. ask him if he thinks it is right to state that I said things which I Mr. CALL. Oh, yes; the Senator did. Not meaning me, but did not say? I never said anything about any great ability. No any poor man who might be a Senator. such word and no such idea will be found in my observations. I Mr. ALLEN. I am infinitely poorer than the Senator from said the people had sent us here, and we had accepted the posi Florida. The Senator had the distinguished honor, I understand, tion, to perform certain duties, certain labor, which we did per to enjoy some of the emoluments of official position-- form, and that a reasonable compensation for a proper method of Mr. CALL. Very few. life, enough to enable a person to live in decent comfort, and not Mr. ALLEN. Very few and very little. I have been aground in hovels and in extreme poverty, was a reasonable consideration. ling from childhood up. I had nobody to help me; not even to Mr. ALLEN. I have heard the Senator from Florida insinu learn the ·alphabet of my native language. I had no one to help ate, if not assert, on more occasions than one, that it was some me to rise. The only possessions I had were a disposition and what questionable whether the people sent all these Senators here good health; and I am willing to take my chances in this world or not. with .any man, I care not who he may be, and I do not want my Mr. CALL. I did; but what has that to do with the argument? wife and my children to be pensioned if I happen to fail. Mr. ALLEN. I think I have heard him intimate that probably Mr. CALL. I do not want my wife and children, or the Sena those powerful corporations had reached out their tentacles like a tor's, to be pensioned, but I want my wife and children, and his, great octopus and occasionally put a man into the Senate. to have the $5,000 that has been allowed Senators in case of death Mr. CALL. No doubt about that. and insufficient means of living. l should be very sorry if they Mr. ALLEN. No doubt about that. Then, that destroys the were left in poverty. argument that the people sent us all here. But the Senator from Nebraska is not different from the great Mr. CALL. The people sent some of us. The Senator must majority of Senators in this Chamber. They were all poor. If confine himself to facts. Sometimes the people send Senators here, they have anything they have made it. They grew up from the and I suppose they have sent about nine out of ten, if not all. I ground, as he did, as I did, and as all our people do. He can not have sa.id that corporations have too much influence in elections, claim any merit because of that fact over other Senators here. and that they ought to be restrained. And I say so now, and shall We were all privates, and have all been chosen by the people, and so vote on all occasions. are content to be of the people and take our chances in life. Mr. ALLEN. I agree with you. Mr. ALLEN. I think I am through with the Senator from Mr. CALL. But I have not said that the Senate of the United Florida, and I yield to the Senator from New Hampshire [Mr. G .A.L States was constituted of men sent here by the corporations. LINGERl. What I said was that the influence of corporations was a public Mr. GALLINGER. The Senator from Nebraska will not get evil that needed legislation, and I say it again, to restrain it, and into any discussion with me to-day. The Senator and the Senate that the poor people of the country should have the· right to come will bear me out that I have taken very little of the time of the here and be represented, and when they come they, with their Senate. I wish to have a vote on the pending bill, but before a families, should not be placed in circumstances of extreme pov vote is taken I desire simply to read two sentences from the peti erty as a penalty for their honorable ambition and their public tion of Mrs. Spencer in asking for a pension. She says: service. I asked him- Mr. ALL.EN. Why do not Senators and other high officials, if That is, her husband- they are undergoing the stress of poverty, turn their attention to the fruitful fields of money making in commerce and the law? why, like other men, he did not have a. pension. Mr. CALL. They have a right to come here. This man was pensionable. He might have drawn thousands Mr. ALLEN. Certainly you have a right to come, but you have of dollars if he had applied for a pension, as most other men did, a right to take the consequences when you come. You can not but he did not do it. separate the office and the consequences which flow to the indi- He answered what he had done for his country had been done with all his heart, and he would do it over again and never ask for a money reward. He vidual or his family from its occupancy. · was cast in a heroic mold, and I felt the nobility of his thought too much to Mr. CALL. I ask the Senator if he thinks it proper to make press the matter fm·ther. As he became more ill I changed my thought and extreme poverty and Q.eing discriminated against, as compared said that for his child's sake he should apply for a pension, and he promised with the average of the people, the penalty and consequence of he would when he was better. But he died. His widow and his young son are left penniless, and the world is hard for a woman, and an ill woman, to accepting public service? Does the Senator advocate that? make a way to support herself and educate her child. Is that the treatment he would give to the people who had se- · It is in this position I come to you. lected one of themselves to perform public duties which required That is, to Congress. tim to devote all his time to the people's service? Does he think I ask of the country for which my husband fou~ht and suffered the pen· that would encourage the poor man, the private soldier, to devote sion of $75 a month. This much I a.sk, for with str1ct economy I can with i* 1896. CONG·RESSIONAL RECORD-SENATE. 1933 educate my son and support us both until I, in some measure, regain my The bill was reported to the Senate as amended, and the am.end· strength. I would not have more, for nothing but poverty... absolute poverty, could make me a pensioner even of the Government. I ao not ask less, for ment was concurred in. with less I do not believe my purpose could be accomplished. The bill was ordered to be engrossed for a third reading, read On former occasions I have combated the position so ably sus the third time, and passed. tained by the Senator from Nebraska [Mr. ALLEN]. I do not SARAH A. BULL. agree with him in any of his propositions, but I have no disposi The bill (S. 2014) granting an increase of pension to Sarah A. tion to detain the Senate now, and I am sure that I shall not do Bull was considered as in Committee of the Whole. so on the discussion of any pension bill during the present Con The bill was reported from the Committee on Pensions with an gress. I trust that a vote may now be had on the amendment. amendment, in line 8, before the word "dollars," to strike out The VICE-PRESIDENT. The question is on agreeing to the "thirty" and insert" twenty-five"; so as to make the bill read: amendment submitted by the Senator from New Hampshire [Mr. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the limitations GALLINGER]. and provisions of the :Qension laws, the name of Sarah A. Bull widow of Hi Mr. GALLINGER. On that I ask for a division. ram C. Bull, late a maJor and paymaster of volunteers in the United States There were on a divi!:don-ayes 22;noes 7; no quorum voting. Army, and_grant her a pension at the rate of $25 per month, in lieu of the Mr. PASCO. I suggest, as the vote has t:hown the absence of a penswn of $8 per month which she is now receiving. quorum, that the rule requires a roll call. The amendment was agreed to. The VICE-PRESIDENT. The roll will be called. The bill was reported to the Senate as amended, and the amend The Secretary called the roll, and the following Senators an- ment was concun·ed in. swered to their names: · The bill was ordered to be engrossed for a third reading, read Allen, Gallinger, McMillan, Squire, the third time, and passed. Allison, Gear, Mantle, T eller, Bacon, George, Mitchell, Oreg. Tillman, JOHN B. MEIGS. Bate, Gorman, Nelson, Turpie, The bill (S. 823) granting an increase of pension to John B. Berry, Gray, Palmer, Vest, Meigs was considered as in Committee of the Whole. It pro Blanchard, Hansbrough, Pasco, Vilas, Call, Harris, Peffer, Walthall, poses to place on the pension roll the name of John B. Meigs at er, . Hawley, Perkins, Warren, the rate of 812 a month, in lieu of the pension he is now receiving. 11, Hill, Platt, Wilson. The bill was reported to the Senate without amendment, ordered Hoar, Proctor, Kyle, Sewell, to be engrossed for a third reading, read the third time, and passed. Frye, Lindsay, Shoup, MRS. SARAH B. LEET. Mr. TURPIE. My colleague (Mr. VoORHEES] is detained at The bifl (S. 1682) granting an increase of pension to Mrs. Sarah his room by indiS110sition. B. Leet was considered as in Committee of the Whole. The VICE-PRESIDENT. Forty-five Senators have answered The bill was reported from the Committee on Pensions with an to their names. A quorum is present. The question is on agree amendment, in line 8, before the word "dollars," to strike out ing to the amendment submitted by the Senator from NewHamp- "thirty" and insert "twenty-five," and in line 9, before the word shire r.:~·RG ALLINGER]. "dollars," to strike out" thirty" and insert "twenty-five"; so as Mr. RIS. I wish to ask the Senator from New Hampshire to make the bill read: a single question. At what rate did the Committee on Pensions Be it enacted, etc., That the Secretary of the Interior be, and he is hereby; fix authorized and directed to place on the pension roll, subject to the provisions the pension in this case? and limitations of the pension laws, the name of Mrs. Sarah B. Leet, widow Mr. GALLINGER. The bill as introduced provided for a pen of the late Bvt. Lieut. Col. George K. Leet, United States Army, at the rate sion of $50, and the committee voted to grant her $50. of $2i) per month, which rate of $25 per month shall be in lieu of the pension Mr. HARRIS. And the Senator from New Hampshire proposes she is now receiving. to increase the pension to $75? The amendment was agreed. to. Mr. GALLINGER. I have moved to increase the amount to 875. The bill was reported to the Senate as amended, and the amend Mr. HARRIS. I ask for the yeas and nays on the amendment. ment was concurred in. Mr. MITCHELL of Oregon. I wish to state that I have knowl- The bill was ordered to be engrossed for a third reading, read edge that the lady who would be the beneficiary of this bill' is at the third time, and passed. present in absolute want, wholly. dependent, and has not a thing EMMA BROUGH GERARD. in the world. I hope a pension of ~5 will be granted to her. The bill (S. 1414) granting a pension to Emma Brough Gerard Mr. PASCO. I suggest that the bill be recommitted to the was announced as the next pension bill in order. Committee on Pensions, so that the additional facts which have ltfr. GALLINGER. The senior. Senator from Ohio [Mr. SHER been brought out in debate maybe considered byit,andifthecom MAN J desires to be heard on the bill, and I ask that it may be tem mittee sees fit to report the bill at the increased amount, it can do porarily laid aside, as he may come into the Chamber within a. so. I make that motion. moment. If he does not, I ask that the bill may go over without Mr. GALLINGER. I have no objection to the bill being re prejudice. committed. The VICE-PRESIDENT. It will be so ordered. The VICE-PRESIDENT. The question is on agreeing to the MRS. HYPOLITE HUARD. motion to recommit the bill to the Committee on Pensions. The bill (S. 1790) granting a pension to Mrs. Hypolite Huard, The motion was agreed to. of New Orleans, La., widow of Hypolite Huard, deceased, was Mr. GRAY. Iaskthe Senator from New Hampshire [Mr. GAL considered as in Committee of the Whole. LINGERl if the pension cases have been disposed of? The bill was reported from the Committee on Pensions with Mr. GALLINGER. There are several other cases, but it will amendments, in line 4, after the word "roll," to strike out "sub not take much time to finish them. ject to the provisions and limitations of the pension laws"; and in !Ir. COCKRELL. There are three or four other cases. Let us line 9, after the word "her,"tostrikeout" thesamerateper month finish them. as is paid to soldiers who served sixty days in the war with Mexico, Mr. GRAY. I move that the Senate proceed to the considemtion or en route thereto, and that this payment begin from the date of of executive business. the filing of the application for pension in the Pension Bureau," Mr. VILAS. Let us finish the execution of the order. I ask the and insert" $12 per month"; so as to make the bill read: Senator from Delaware to withdraw his motion. Be it enacted, etc., That the Secretary. of the Interior be, and he is hereby, Mr. GRAY. I will withdraw the motion. I understood the authorized and directed to place on the pension roll the name of Mrs. Hypo Senator from New Hampshire to say that the'fe were no further lite Huard, of New Orleans, La., widow of Hypolite Huard, private Captain cases. Mauberret's Battalion Louisiana Volunteer Light Artillery, Mexican war Mr. GALLINGER. No; I said there were a few more cases. service, and pay to her $12 per month. Mr. VILAS. There are a fewmore cases. Let us dispose of The amendments were agreed to. them. The bill was re.ported to the Senate as amended, and the amend Mr. GRAY. I withdraw the motion, Mr. President. ments were concurred in. The VICE-PRESIDENT. The motion is withdrawn, and the The bill was ordered to be engrossed for a third reading, read the next pension case on the Calendar will be stated. third time, and passed. JOSEPH PORTER. :MRS. CORNELIA I. SKILES. The bill (S. 1945) granting a pension to Joseph Porter was con The bill (S. 916) granting an increase of pension. to Mrs. Corne sidered as in Committee of the Whole. lia I. Skiles was considered as in Committee of the Whole. The bill was reported from the Committee on Pensions with an The bill was reported from the Committee on Pensions with an amendment, in line 6, after the word "rate," to strike out "pro amendment, in line 8, before the word "dollars," to strike out vided for total blindness" and insert '' of thirty dollars per "thirty" and insert "twenty-five"; so as to make the bill read: month"; so as to make the bill read: Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the provisions authorized and directed to place on the pension roll the neme of Joseph and limitations of the pension laws, the name of Mrs. Cornelia. I. Skiles, widow Porter, late a private in Company K, Eighth New York Heavy Artillery, at of John W. Skiles, late major of the Eighty-eighth Regiment of Ohio Vol-.n the rate of $30 per month, in lieu of the pension he now receives. teers, at the rate of $25 per month in lieu of the pension now received. The amendment was agreed to. The amendment was agt·eed to. '1934 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 19, The bill was reported to the Senate as amended, and the amend CONSUL. ment was concurred in. Peter Victor Deuster, of Wisconsin, to be consul of the United The bill was ordered to be engrossed for a third reading, read the States at Crefeld, Germany. third time, and passed. POSTMASTERS. MRS. KATE EZEKIEL. Knudt Schyan, to be postmaster at Flandreau, in the county of The bill (S. 918) granting an increase of pension to Mrs. Kate Moody and State of South Dakota. Ezekiel was considered as in Committee of the Whole. James W. French, to be postmaster at Harlan, in the county of The bill was reported from the Committee on Pensions with an Shelby and State of Iowa. amendment, in line 8, before the word "dollars," to strike out J. Wheelock Marsh, to be postmaster at Forest Grove, in the "thirty" and insert "twenty"; so as to make the bill read: county of Washington and State of Oregon. Be it enacted, etc., Tha.t the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the provi sions and limitations of the pension laws, the name of Kate Ezekiel, widow of HOUSE OF REPRESENTATIVES. rDavid I. Ezekiel, late lieutenant of the Tenth Virginia Volunteers, a.t the rate , of $20 per month in lieu of the pension now received by her. WEDNESDAY, February 19, 1896. , The amendment was agreed to. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. The bill was reported to the Senate as amended, and the amend HENRY M. COUDEN. ment was concurred in. The J omnal of the proceedings of yesterday was read and ap The bill was ordered to be engrossed for a third reading, read the proved. third time, and passed. JOHN S. EVANS. LENA D. SMITH. 1fr. PERKINS. I ask unanimous consent for the present con The bill (S.1342) ~ranting pension to Lena D. Smith was con sideration of the bill (H. R. 1601) to amend the military record of sidered as in Comrmttee of the Whole. John S. Evans. The bill was reported from the Committee on Pensions with an The bill was read, as follows: amendment, in line 7, before the word" dollars," strike out Be it enacted, etc., That the Secretary of War be, and is hereby, aut • tO and directed to restore to the muster rolls of Company E, Twenty-senm "sixty" and insert" fifty"; so as to make the bill read: Ohio Volunteer Infantry, the name of JohnS. Evans. and to grant him ~ Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, honorable discharge from the service: Provided, That the passage of this act authorized and directed to place upon . the pension roll the name af Lena D. shall not serve to entitle him to any pay, bounty, or allowances. Smith, widow of Green Clay Smith, late colonel Fourth Kentucky Cavalry Mr. DOCKERY. I hope we shall have a brief explanation of and brigadier-general United States Volunteers, and to pay to her a pension the bill . . of $50 per month from and after the date of the passage of this act. Mr. PERKINS. This man whose military record the bill pro I The amendment was agreed to. poses to coiTect was a good soldier. He was arrested in connection The bill was reported to the Senate as amended, and the amend with a dance which the junior officers of the regiment gave. Col. ment was concurred in. Michael Churchill, of Jamesville, Ohio, has sent here a very strong The bill was ordered to be engrossed for a thii·d reading, read letter in favor of granting the relief asked. It is found that this the third time, and passed. man was not immediately responsible in connection with the dis turbance which occurred. The citizens of the town where he now MRS. ANN M. MADDEN. lives have unanimously asked this relief in a long petition which The bill (S. 568) granting a pension to Mrs. Ann M. Madden has been sent here. The man's record as a citizen from the time was considered as in Committee of the Whole. he left the service up to the present time has been good. There is The bill was reported from the Committee on Pensions with no reason why the disability which he incuned should not be amendments, in line 5, after the name "Madden," to strike out removed. ''widow" and insert ''dependent mother"; and in line 7 after the Mr. DOCKERY. It is understood that this bill carries no pay. word "Volunteers," to strike out "subject to the limitations of Mr. PERKINS. No pay-nothing of the kind. The favorable the general pension laws" and insert,; attherateof SSpermonth "; report of the committee, submitted by the gentleman from Ten so as to make the bill read: nessee LMr. WASHINGTON], is unanimous. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, :Afr. MILES. Is this the bill which the gentleman from Ten directed to place upon the pension roll the name of Ann M. Madden, depend nessee [Air. McMILLIN] 8:5ked time yesterday to consider? ent mother of Harry 0. Madden, late a member of Company F, Second Regi Mr. PERKINS. No, Sll'. ment of Massachusetts Volunteers, at the rate of $8 per month. Mr. LOUD. What is the present status of this soldier? Is he The amendments were agreed to. a deserter? The bill was reported to the Senate as amended, and the amend Mr. PERKINS. Under the charge which was made against ments were concurred in. him he was court-martialed. The bill was ordered to be engrossed for a thii·d reading, read Mr. LOUD. He is not a deserter? the third time, and pa-ssed. Mr. PERKINS. No. There being no objection, the House proceeded to the consid MRS. ADALINE V. BASSETT. eration of the bill, which was ordered to be engrossed and read a Mr. GORMAN. I ask the Senate to consider the resolution third time; and it was accordingly read the third time, and paBsed. proposing to give a sum equal to one year's salary to the widow On motion of Mr. PERKINS, a motion to reconsider the last of the late Isaac Bassett. vote was laid on the table. The resolution was considered by unanimous consent and SUITS TO VACATE PATENTS UPON PUBLIC LANDS. agreed to, as follows: Mr. LACEY. I call for the regular order. · Resolved, That the Secretary of the Senate be, and he hereby is, authorized The House, as the regular order, resumed the consideration of and directed to pay to Adaline V. Bassett, widow of Isaac Bassett, deceased, 1a.te assistant doorkeeper of the Senate, a sum equal to one year's salary, at the bill (H. R. 5474) to provide the extension of time within 'the rate allowed by law to said assistant doorkeeper, out of the "miscella- which suits may be brought to vacate and annul patents upon 1neous items" of the contingent fund of the Senate; said payment to be con public lands, and fcT other purposes. ,&dei·ed as in lieu of all funeral expenses or other allowances. 1\fr. LACEY. I ask my colleague [:Mr. HEPBURN] to with EXECUTIVE SESSION. draw his amendment now pending until we can dispose of the amendments reported by the committee. Mr. GRAY. I move that the Senate proceed to the considera Mr. HEPBURN. For the purpose suggested, I withdraw my .tion of executive business. amendment for the present. · · The motion was agreed to; and t.he Senate proceeded to the con Mr. LACEY. Now I desire to call for a vote on the committee sideration of executive business. After eight minutes spent in amendment to insert before the words "special grant" the words .executive session the doors were reopened, and (at 5 o'clock and "railroad, Mexican, Spanish, or other." So far as I am concerned, 10 minutes p.m.) the Senate adjourned until to-morrow, Thursday, I think this amendment ought to be voted down, though I do not ,/February 20, 18!36: at 12 o'clock meridian. feel at liberty·to withdraw it. The amendments which other gen tlemen desire to offer can come up later. Mr. LOUD. I wish to submit as a substitute for the amend CONFIRMATIONS. ment of the committee an amendment which I think will cover \Executive nominations confirmed by the Senate Fel:Jruary 19, 1896. the whole proposition. AUDITOR FOR THE NAVY DEPARTMENT. Mr. LACEY. Let it be rea.d. Mr. LOUD. I will read it myself: William H. Pugh, of Ohio, to be Auditor for the Navy Depart In line 5 strike out the words "special grant" and insert in lieu thoreof ment. "railroador *agon-roa.dgrants." 1896. CONGRESSIONAL RECORD-- HOUSE. 1935 Mr. LACEY. · I am not at liberty to accept that on behalf of companies. But little has been said and nothing done for the set the committee, but I think it ought to pass; and I call for a vote. tlers who claim under the public-land laws of the United States. The amendment of the committee and aiso the proposed substi The interests of these two classes of settlers often conflict. For tute of Mr. LouD were read. instance, A buys from the railroad company, which has an erro Mr. DOLLIVER. We would like to have a statement of the neous certificate or patent, as the case may be; B applies to enter effect of this amendment. the land under the homestead law, and alleges that the land did Mr. LACEY. The effect will be simply this: The language of not pass to the railroad company and is of right a part of the the original bill is "special grant." The substitute of the gentle public domain. man from California proposes to strike out those words and to in Now, this bill will confirm the land to the purchaser from the sert the words "railroad or wagon-road grant," covering the two company and defeat the settler who has undertaken to claim under cla-sses of grants in the adjustment of which the Department is the public-land laws. There are many such settlers, but they have now engaged. few friends here. That is the class I wish to protect first of all. There is no question of adjustment as to the grants to individ They have stood in the breach and contested every inch of ground uals; but the amendment proposed by the committee is broad with the corporations from the time the grants were made, and enou~h to open up the entire question as to Mexican grants, the yet they are now to be denied the right to take the land be Sparush grants, and other special land grants mentioned in the cause the road has sold it to some speculator. I deny that this is bill. Now, if the substitute of the gentleman from California right or just t-o claimants under ourpubliclaws. The proposition fMr. LoUD] shall be adopted, it would eliminate everything from would confirm and fully protect the railroads. But no effort has the bill in relation to the Spanish, Mexican, and other special been made to aid or protect that class of homeless citizens whom grants, and would leave them untouched, and confine the scope of it is our dutyto protect, and whohavespenttlieirtime and money the bill to the railroad and wagon-road grants. to vindicate the law. I hope this bill will not pass until some · Mr. McRAE. Mr. Speaker, I am very much surprised that the provision is made to protect bona fide settlers as was done by the chairman of the Committee on the Public Lands, who reported this act of 1887, and when their rights conflict with the rights of pur bill with the committee amendment as printed, now recommends its chasers from railroads to give to them a preference. abandonment. With that amendment out and nothing substituted, In your efforts to give quiet and repose to speculative purchasers there is nothing whatever in the bill that would be of much value do not destroy the legal and the equitable rights of those honest to the Department or the settlers. settlers who have been contesting and expecting to finally acquire Mr. LACEY. I donotthinkmycolleague heard the proposition homes on these lands. correctly. Something is substituted for the amendment of the Mr. Speaker, I have already said I do not believe there should committee. But all the Spanish and Mexican grants are eliminated be any statute of limitations against the Government which will from the bill, and we insert in lieu thereof the railroad and wagon prevent the unearthing and exposure of frauds. I am not afraid road grants. So that the whole matter is substituted except as to that the settlers of the country who have patents will be troubled theSpanishand Mexican grants, upon which, as thegentlemanre by lawsuits. In the history of the Government, prior to 1891, I members, we were not fully agreed in committee, and yet it was believe only 25 suits have been rec.ommended by the Land Depart a question, in view of the fact that there was no special opposition ment against agricultural patents. There is no danger of any to it, that we did not care to call to the attention of the House honest settlers being troubled with lawsuits on the part of the excepting in the shape that has been presented in the bill. Government. What the Department wants, &nd what it ought to Mr. McRAE. Mr. Speaker, the hearings before the Commit have, is the right to correct ~my errors in these lists if they con tee on Public Lands showed that some of the most outrageous tain mistakes and to purge them of all frauds; and let us not, frauds that were alleged to have been perpetrated were in con because some of these lists were signed by that great and good nection with these very grants to which the gentleman has re man, Thomas A. Hendricks, say that we will not examine any of ferred. I have in mind a single Mexican grant made, if made at them. I was a little bit amused at my friend from Iowa [Mr. all, when the Mexican law did not permit the granting of more HEPBURN] yesterday, when he talked so eloquently about the than 11 leagues of land to any one individual, and yet it has been lamented Thomas A. Hendricks. During the lifetime of that so surveyed and manipulated by the officers of the Government illustrious man I do not suppose that my friend from Iowa was that it now includes 14 leagues of land; and we are informed that ever heard to say a kind word concerning him, but when he is there are people in that vicinity who desire to enter these public dead, and the gentleman from Iowa is speaking for a class of per lands as homesteads and they want the Government to at least sons who hold as purchasers under great railroad corporations, he purge the grant of fraud. If the amendment of the gentleman would shelter them · behind that grand and glorious name. I from Iowa [Mr. HEPBURN] is adopted, then all patents and cer revere the memory of Hendricks. The first Presidential vote that tifications are confirmed, and we will be deprived of all right to in I ever ca,st in my life was a ticket upon which his name appeared vestigate as to the validity of the original grant, the survey of it, as a candidate for Vice-President of the United St.ates. No purer or any fraud or mistake connected with its confirmation. I think and no better man ever lived within the borders of the United that all of these grants, railroad, wagon-road, Mexican, Spanish, States. I wanted to see him President. and special, should be put upon an equal footing and adjusted upon Mr. HEPBURN. Will the gentleman permit an interruption? the same basis. There should be no special exceptions in favor of Mr. McRAE. Certainly. any of them. J.lr!r. HEPBURN. Youseem to quarrel with me because I speak The gentleman who spoke on yesterday questioned some state well of Mr. Hendricks after his death. ments of mine which were made in the discussion of the bill on a Mr. McRAE. No; I do not quarrel with you for speaking well previous occasion. The information I gave to the House was, in of him even now. substance, such information as came to the committee in the Mr. HEPBURN. It is the post-mortem virtues of Democracy hearings on the bill; information that came from the Department that I usually applaud. [Laughter.] which is supposed to know something of the early practice in Mr. McRAE. It is the rmproper use that you make of his good making lists for raih·oads; information which I believe to be true, name and the outrageous purposes for which you would use it notwithstanding the denial of the gentleman. But, Mr. Speaker, perhaps unintentionally-to· which I object. I challenge your if I am in error in stating that many of these lists were made right to use the good name of Thomas A. Hendricks, because he under the impression that they should not be treated as patents, was once Commissioner of the General Land Office, to cover the and if the gentleman is correct in stating that they were always mistakes or the frauds or the misconstructions, if you please, of treated as patents, then all the certificates behind which the gen these railroad certifications by which corporations and syndicates tleman undertakes now to shelter the Tailroads are the more out have secured millions of acres of land that they are not entitled to. rageous, because he admits that there are many mistakes. I made I deny that the statute of limitations which was passed in 1891 no charge of actual fraud against the Department. I prefer to has been of any benefit to anyone. It passed without considera believe and would exonerate, as far as possible, the gentleman who tion. No one, so fru: as the record shows, knew of any such pur made up the list. I know that the Commissioner, whoever he was, pose. It was put in by a conference committee, and nobody except could not personally examine the tract books to find mistakes, and the conferees had any idea that there was any such provision in that he signed the lists prepared for him. I adopted what ap the bill. It did not belong there, and I think we should lose no peal·ed to me to be a reasonable excuse for these errors. Now, if that time in repealing it to enable the Department and the courts to is not true and these men knew that these lists were to have the purge these raih·oad grants of fraud. When the 3d of March force of patents, then the thousands of errors which are in many comes, if Congress does not act by repealing the whole statute of cases admitted, and in all cases in favor of the grantees, drive us limitations or extending the time, you will find all these errors and to the conclusion that they were procured by corrupt methods frauds confirmed, and it will be done in the name of settlers. For either on the part of the railroad companies or the Government. ten years, upon this floor, I have tried in my humble way tore Now, Mr. Speaker, there is a class of settlers, and they have been claim some of the lands granted to railroad companies, and every entirely overlooked in the consideration of this bill, that is, those time we have made an effort we have been met by just such elo who claim under the public-land laws, whose rights should be pro quent vehemence as the gentleman from Iowl\, [Mr. HEPBURN] tected in some way. This bill does protect, and it seems that its can furnish, insisting that it will disturb the titles of some inno main object and purpose is to protect, purchasers from railroad cent purchasers. In every step that has been taken we have tri~ 1936 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 19, to protect purchasers and settlers, and yet with every step the Mr. BOWERS. Mr. Speaker, this bill was under consideration railroads, in the name of their purchasers, have grown bolder and by the Committee on Public Lands for over three weeks, occupy more determined until finally they procured a statute of limita ing the time of every meeting of that committee. It came in there tions, and with only one-fourth of the grants examined a propo through a message of the President of the United States calling sition is made to stop the investigations, and the cry comes for attention of Congress to the fact that the time would expire on repose to them and their purchasers. the 3d of March when the United States, by its own action, was Mr. LACEY was recognized, and yielded five minutes to Mr. .debarred from commencing action against patentees where pat LOUD. ents had been obtained through mistake, error, or through fraud. Mr. LOUD. Mr. Speaker, the gentleman from Arkansas [Mr. During the whole of that time the members of the committee were McRAE] has expended a great deal of force, aimed presumably occupied in satisfying themselves that the title of every bona fide at Spamsh and Mexican grants, but still his shaft has ultimately purchaser should be protected. There are three sections in the landed in the railroad camp. His remarks were directed pre bill, and in each section that is provided for. Before the com sumably at the subt~titute amendment offered by myself, which mittee appeared the law officer of the Department, Mr. Hall, and simply eliminates from this bill the Spanish and Mexican grants his proposition was simply that the time be extended to commence and leaves intact the railroad and wagon grants. Now, let me suits against railroad patents. That is all. At the last meeting, say to the gentleman and to this House that there is not a Spanish when this bill was reported, the words "to include Spanish and or Mexican grant in this country which is not musty with the Mexican grants of lands," at the last moment, was included. I age of more than fifty years. There are no claims for Government will come to that in a minute. I want to say to the members of lands pending upon any of these Spanish grants. We have been the House, if they will give me their attention a moment, that if troubled in my State for a great many years, and we think the they will look at the bill they will find that the bona fide pur time has arrived, after more than half a century, when the bona chaser, whoever he may be, is protected, no matter if the railroad fide settlers who have settled upon or who have purchased from grant was made in error, or if it was made under fraud, still the these men who received Mexican grants should be protected in bona fide purchaser under that notice is protected; and the bill the title which they to-day have. For argument's sake I would provides always that the recourse of the United States shall be admit that every acre of the Mexican grants was stolen, but they against the patentee and not the purchaser. have been recognized for fifty years, and I hope the good sense of - Section 1 provides that- this House will now confirm the titles in these lands. Nopa.tent to any lands held by a bona. fide purchaser shall be vacated or Mr. LACEY. I yield five minutes to my colleague [Mr. HEP annulled, but the right and title in such purchaser is hereby confirmed. BURN]. In section 3 it is provided that- Mr. HEPBURN. Mr. Speaker, two days ago the gentleman No suit or action shall be brought to cancel or annul any~a tent or certifica from ..A.rkansas [Mr. McRAE] made a statement to the House that tion for said lands until such claim is investigated by the Department. the certifications under which these lands were held were in the early days not regarded by the authorities as anything more than We have provided all through the bill for protecting the rights mere notice to the world that the railway companies claimed of bona fide purchasers. Now, a word as to this amendment. As these lands. The gentleman made that statement in face of the has been truly said, most of these Spanish grants are from forty to fifty years old, and there has been fraud in the granting of some fact that before the first one now in controversy was issued that of those patents; there is no question about that. But in the course a statute of the United States required the officers of the Govern of thirty, forty, or fifty years those lands have been settled, and ment to issue these certificates and the law gave to them all of whether the grants were fraudulent or not, this bill provides that the effects of patents. They are patents; and the gentleman every bona fide purchaser of those lands shall be confirmed in his ought to know it. For years he was chairman of the Committee possessions, and it is a very grave question, Mr. Speaker, whether on Public Lands and he must be familiar with the land system we should reopen those cases. The Department has manifested and the legislation; yet he made that statement here in the pres no disposition to open up that field of inquiry. In fact, I may say ence of this House. that the representatives of the Interior Department have stated I say that these lands are held under muniments of title as sol that in th.eir opinion this bill protects every bona fide purchaser, emn as any that can be given by the Government of the United and that the Department has no disposition to open up these cases States, and the statement of the gentleman, lacking every feature except to investigate the various land grants made to railroads and of verity, was possibly made for the purpose of throwing some wagon roads. cloud or shu upon this class of cases. The gentleman says that The reason they ask for this extension is that the amount of he wants to unearth fraud. No man is proposing to throw a bar money they have had for making surveys and determining these rier in the way of such an inquiry. If he had read the amend matters has been insufficient, while the general business of the ment against which he declaims he would have seen that in that Department has not afforded them time to investigate these cases. there was a provision whereby the Government can inquire into For that reason they want a little more time to make the proper every case where a title had been secured through fraud or mis surveys and to prepare themselves fully in regard to these railroad take. No one wants to throw an impediment in the way of such and wagon-road grants. I can assure every member of the House an inquiry. The gentleman was misleading when he said that that every lawyer on the committee (and I believe they are all the purpose of this bill was to secure inquiry in such matters. I lawyers but myself), toO'ether with the lawyers of the Interior make the statement to him now, and I challenge him to contra Department, have agreed that this bill does provide for protecting dict it, that in all the investigations that have been made that every bona fide purchaser of lands, whether the original patent have resulted in demands for reconveyance under the act of 1887 was issued in fraud or error or not. not one single instance can he find where fraud is alleged. In Mr. LACEY. Mr. Speaker, I move the previous question on every instance the Department has simply urged that there was the committee amendment and the substitute offered by the gen at a time an improper construction given to the statutes; that tleman from California [Mr. LouD]. they now give another construction; and they want these suits The previous question was ordered. to be brought to enforce a new cons~ruction that they now, after Mr. McRAE. Mr. Speaker, I ask unanimous consent to have more than twenty years, give to the statute. .. the amendment rflp01·ted. Wherever there has been a demand for reconveyance that de The SPEAKER. The Clerk will report the committee amend mand is for the reconveyance of lands that were patented under ment and also the substitute proposed by the gentleman from the rulings of the Department as they then existed and as they California. were continued, not alone under the administration of Mr. Hen The Clerk read first the committee amendment, as follows: dricks, but under the administration of gentlemen who have for many years, more than twenty years, administered the office of orp~t't~;: Hnes 4 and 5, after the word "a," insert "railroad, Mexica.."'l, Spanish, the Commissioner of the General Land Office and of the Interior Department. There was no variation in them for more than The proposed substitute was then read; as follow~: twenty years, and I want to state again to the House that the con Strike out in line 5, page 1, the words "special grant" and insert in lieu troversies are not 'vith reference to fraud, that the controversies thereof the words "railroad or wagon-road grant." are not with reference to mistakes, but they are controversies The question being taken, the substitute was agreed to by a vote growing out of changed ruliugs and new constructions that have of-ayes 73, noes 36. been given by the Department in cases of this kind. That is the The amendment as amended was then agreed to. only subject of inquiry that the Department proposes to make, The SPEAKER. The question now is on the second amend .and they have not yet brought a suit or attempted to bring a suit ment of the committee. which made claim for reconveyance except in cases where this was The amendment was adopted. the only difficulty. Now, lately they have changed this ruling The SPEAKER. The question is upon the substitute proposed and changed their construction, and they want to bring suit be by the gentleman from Arkansas. cause of new light that they claim to have had, and thus cloud and Mr. LACEY. Mr. Speaker, there are some other amendments disturb titles held by settlers for almost a generation. that members desire to offer to the bill. Mr. LACEY. I now yield five minutes to my colleague on the Mr. HEPBURN. Mr. Speaker, I desire to offer an amendment committee [Mr. BOWERS]. which I send to the desk. . (~ 1896. CONGRESS! ON .AL RECORD-HOUSE. '1937 The amendment was read, as follows: Mr. LACEY. Certainly. Not only do I concede that, but we Add to the first section the following language: have expressly provided in the bill that they shall be protected. "Provided, That all lands patented or certified to any State, corporation, or Mr. TAWNEY. Now, when we know, as we do, that the Individual, under the rulings or constructions of law of the Commissioner of the General Land Office or the Secretary of the Interior, at the time of the greater part of the lands granted to the railroad companies have Issuance of said patents or certificates, and when no fraud has been com· passed into the possession of bona fide purchasers, ought we not mitted by the agent of the State or corporation or by the individual, shall be to take notice of that fact and protect them? excepted from the operation of the provisions of this act as to extension of time and bringing of suits, and of the act approved March 3,1887, entitled Mr. LACEY. Certainly. 'An act to provide for the adjustment of land grants made by Congress to Mr. TAWNEY. But ought we not to protect them against aid in the construction of railroads, and for the forfeiture of unearned lands. suits being brought by the Government to disturb their title? and for other purposes.' " Mr. LACEY. I advise my friend to read the bill; he will find Mr. LACEY. Mr. Speaker, I move as a substitute for that that such purchasers are protected by it. proposed amendment the amendment which was read in my time Mr. TAWNEY. Not against suits. yesterday. Mr. LACEY. Let me ask the gentleman this question: Why The amendment__of Mr. LACEY was read, as follows: should we give protection against suits and confirm the title in the Add at the end of section 1: "Provided, That no suit shall be brought or remainder of the lands which the railroad company has not con· maintained, nor shall recovery be had, for lands or the value thereof that veyed and which ought never to have been patented to it? were certified or p"atented in lieu of other lands covered by a grant which were lost or relinquished by the grantee in consequence of the failure of the Mr. TAWNEY. I am not in favor of that proposition. I have Government or its officers to withdraw the same from sale or entry." here a substitute for the amendment offered by the gentleman's Mr. LACEY. Now, Mr. Speaker, a word of explanation. My colleague, and in my amendment it is provided expressly that the colleague [Mr. HEPBURN] on yesterday explained that in Nebraska provisions of this act shall not apply to lands that are sold by a and in some other localities "lieu lands" had been patented in railroad company in good faith. This would leave the act appli place of lands that the railroad companies had lost by reason of cable to all lands that are still held by the railroad company and mistake in the Department in allowing settlement upon those which were granted by the General Government to the State for lands. The amendment that I offer confirms the title to those the benefit of the railroad company. lands that have been thus patented to railroad companies where Mr. LACEY. The last part of section 1 provides expressly they have lost other lands by reason of mistake committed in the that- Department. That will cover the point upon which my colleague No patent to any lands held by a bona fide _purchaser shall be vacated or based his argument yesterday. annulled, but the right and title of such purchaser is hereby confirmed. Mr. TAWNEY. May I ask the gentleman a question? Now, in order to protect settlers still further, so that they might Mr. LACEY. Yes, sir. not even be required to go into court and make defense, the option . Mr. TAWNEY. Your proposed substitute and the amendment has been given to them under sections 2 and 3 to simply file their of the gentleman from Iowa [Mr. HEPBURN] relate solely to ''lieu statement with the Secretary of the Interior (if they want to avoid lands." litigation), setting forth the fact that they are bona fide settlers; Mr. LACEY. Certainly. and then it is provided in express terms that no suit shall be Mr. TAWNEY. Now; the act of 1887 applies to lands that are brought in relation to those lands until the matter is first inves known as '' in place" lands as well as to '' lieu lands." tigated in the Department; and if, after adjudication there, it is Mr. LACEY. Certainly. held that they are not bona fide settlers, that adjudication is not Mr. TAWNEY. Then why should we except lieu lands and conclusive against them, but they can still make their further de. still let the ''place" and '' indemnity" lands sold to bona fide pur fense in the courts. chasers remain under the provisions of the act of 1887? The committee has been very tender in behalf of these bona fide Mr. LACEY. We do nothing of the kind. The bill in express settlers and has endeavored to protect them, not only in the courts terms already protects the bona fide purchasers of all kinds of but out of the courts, and has provided means by which they may lands, "lieu lands," "place lands," or any other kind of lands. avoid going into the courts at all. Mr. TAWNEY: It protects them at the end of a lawsuit. Mr. Speaker, I move the previous question on the amendment Mr. LACEY. Not at all. and the substitute. · Mr. TAWNEY. It does not protect the bona fide purchaser so Mr. HEPBURN. I hope my colleague will not do that. I want as to prevent a suit being brought by the Government against him to correct a misstatement which he has fallen into. and thus disturbing his title and the title to a great deal of land Mr. LACEY. How much time does my colleague want? in the States where these suits are brought. Mr. HEPBURN. Five minutes. Mr. LACEY. That may be. But so it is always with any per Mr. LACEY. Very well; I withdraw the demand for the pre son. A suit may be brought to attack the title of anybody. But vious question and yield to the gentleman five minutes. when we frame a bill which perfects the title of these men, which Mr. HEPBURN. Mr. Speaker, the gentleman assures us that says their title shall be confirmed, and is confirmed, and that if these suits will not be brought. Now, I know personally of an in suit be brought it shall be the duty of the court to at once confirm stance where, in the southem district of Iowa, the district attorney the title, nothing more, certainly, can be done. has been instructed to bring suit to recover some 25,000 acres of But let me call the attention of the House and of my friend who land. In order to bring any one of these suits, he says that it will wants light on this subject to the proposed amendment of my col be necessary for him to make parties to the suit all of the inhabit league, providing that when a patent has been issued, unless it ants of the town of Hastings, in Mill County, Iowa. There will be has been issued by reason of fraud, that the title never can be nearly 1,000 defendants in that suit alone. They can not recover assailed, although the railway company still remains in possession. without going through that process. It is true that no judgments It is true that by reason of some mistake tracts of land here and will be rendered against any one of those persons by this fact, be· there have been certified or patented to railway companies that cause they are bona fide holders; but they must appear in court ought never to have received them, and the bill as we have pre and affirmatively show that fact. And my colleague ignores that pared it will enable the Government to reclaim or recover those condition of things entit:ely. lands within the next five years. But if the amendment proposed My colleague is in error again in another statement. The prop tively show to the Secretary, in order to prevent action, that he If a period of ten years is suffic.ient to acquire title in other cases, is a. bona fide holder. He will be put to that expense, and it will why should not fifteen, twenty, or twenty-five years be su:ffici~nt oost the people of my district tens of thousands of dollars to make for these pioneer farmers to secure absolute titles to their lands? this showing, and what I say of that district may be truthfully Why should they be held in continued dread that they may be said of ev~ry district in the State of Iowa, in Nebraska, Missouri, called into court to defend their titles? Kansas, and in many parts of the State of lllinois. They have earned their homes by the patient toil and struggles Every Representative, :Mr. Speaker, is interested, it seems to me, of years and should be given the absolute assurance that their in behalf of his people in preventing this kind of litigation. If titles will be confirmed without further delay. we adopt my amendment there will be no danger of that, and all Mr. TAWNEY. I should like to ask the gentleman from Iowa. the purposes the bill seeks to accomplish will still remain unim if he has any objection to incorporating in this bill a provision that paired. will throw upon the Government the burden of proving in the first Mr. HOPKINS. Will the gentleman in charge of this bill yield instance whether or not the sale from the railroad company to the for a question? purchaser was made in good faith, instead of putting the burden :Mr. LACEY. Certainly. of proof of that fact, as the law of l887 does, upon the purchaser Mr. HOPKINS. Will the gentleman from Iowa state in a word in the first instance? The Government now proceeds upon the what objection there is to the adoption of the substitute offered assumption that he is not a purchaser in good faith, and throws by his colleague from Iowa? the burden of proof of ascertaining that fact upon the purchaser. Mr. LACEY. It is very simple and only this: If the amend I will ask the gentleman if he has any objection to a. provision ment be adopted we may as well kill the bill. There would not imposing upon the Government the burden of ascertaining as a. be enough left to swear by, although there might be enough to condition precedent to its right to bring suit whether or not the swear at. rLaughter.l settler is a bona fide purchaser? That will be a substantial pro Mr. HEPBURN. Will not every case of fraud be still open to tection to the actual, bona fide purchaser. investigation under the bill? Mr. LACEY. Why, certainly I have an objection to that. The Mr. LACEY. I was trying to answer my friend from lllinois. law is very simple now, and if a bona fide purchaser is brought The amendment amounts to this: That no patent shall b~ here into court, he, above all persons in the world, knows his own in after canceled or annulled in behalf of the United States by suit nocence, and if he can not prove it-if he is afraid to go into court except in cases wherA actual fraud is shown. and prove it-it certainly is of a very doubtful-character. Now, Now, hundreds of thousands of a-cres of these lands, by reason to have the presumption of innocence apply to all these cases of departmental mistakes in construction of the law, have been would practically handicap the Government to the extent that it patented to the railroad and wagon companies that never should could never rectify any of these errors in patents. have been patented to them. If the land has been sold we con :Mr. TAWNEY. The gentleman did not understand my ques firm the title of the purcha.sers from the companies. But if it has tion. not been sold there is no reason why the company should retain it. That is the only differenc.e between my colleague and. myself. Mr. LACEY. I understand it fully. You want to shift the His proposition that we shall only go behind the patents in case burden of proof. of actual fraud would nullify this bill and also the act of 1887, Mr. TAWNEY. Only in cases where the land is certified erro which requires that all these railrqad grants should be reexamined neously; not where it is certified through fraud or misrepresen and readjusted in the light of the decisions of the Supreme Court. tation. Only where the error has been committed by the officers Mr. HOPKINS. Now,justafurtherquestion. Ifiunderstand of the Government, and because of that error the land has passed you colTectly, if the amendment of your colleague is adopt.ed it into the possession of an actual, bona fide purchaser. will confirm in the railroad and wagon-road companies all lands Mr. .LACEY. This bill absolutely confu"IDs the title to all that that they hold patents to that have been issued bymistakes in the kind of land, and the assumption that the Government will bring Department? suits where it knows it will fail, where the officers of the Govern Mr. LACEY. Certainly; everyacreofthem. Now, that ought ment know the act of Congress has confirmed the title, is an not to be done, either. assumption of something that I do not think we shall ever be :Mr.HOPKINS. And that will take away all chance of upsetting faced with in the future. I do not think the suggestion ought to these titles or again acquiring title to that property. be put into this bill. Mr. LACEY. We should not pass this bill after putting that Mr. Speaker, I move the previous question upon the amendment sort of an amendment in it which will confirm all these mi&takes, and the substitute. because the number of fraudulent patents is not very great. I The SP.E.A.KER. Does the gentleman move the previous ques- yield five minutes to the gentleman from ~ebraska [Mr. AN-. tion upon the bill? · DREWS]. Mr. LACEY. There will be perhaps one other item of the bill Mr. .ANDREWS. Mr. Speaker, the pending amendment affects to consider before the previous question is moved upon the bill. the title to about 201,000 acres of lieu lands in the State of Ne I move it upon the amendment and the substitute. braska. If there should be any disturbance of the titles held upon Mr. TAWNEY. If the previous question is ordered upon the those lands the whole matter could be carried back to affect in amendment and the substitute, and if the substitute offered by the juriously an equal amount of land in another portion of the State, gentleman is voted down, will it be in order then to offer another and thus involve the interests of settlers on over 400,000 acres of substitute for the amendment offered by the gentleman from Iowa? land in the State of·Nebra.ska. About 201,000 acres of land were The SPEAKER. It will. accepted by a certain grantee, in lieu of other lands to which that The previous question was ordered. grantee was entitled in the South Platte country. The lands ac The SPEAKER. The previous question is ordered upon the cepted in theNorth Platte country, in the State of Nebraska, were, amendment offered by the gentleman from Iowa [Mr. HEPBURN] in some instances, less .valuable than those in the South Platte and the amendment offered by the chairman of the Committee on country. Nevertheless, the grantee accepted these lieu lands Public Lands. rather than disturb the settlers who had filed homestead and other Mr. TAWNEY. That is the substitute. entries upon South Platte lands properly included in the grant to The SPEAKER. It is an amendment to the amendment. The which I have referred. question is on agreeing to the amendment to the amendment of Mr. LACEY. May I ask the gentleman a question right there? fered by the chairman of the Committ-ee on Public Lands. Mr. ANDREWS. Certainly. The amendment was agreed to. Mr. LACEY. I should like to ask him whether he deems it The SPEAKER. The question is on agreeing to the .amend- important for the interests of this.large number of settlers in the ment as amended. great tract of public lands in his district that this bill should go The amendment as amended was agreed to. through, confirming these titles so as to protect them? The SPEAKER. Is there any other amendment? Mr. .ANDREWS. I do, Mr. Speaker, and I earnestly hope that Mr. ANDREWS. I offer the amendment which I send to the the amendment proposed by the chairman of the committee will Clerk's desk. prevail. We have had an exp_erience in Nebra:ska on a Q.Uestion like this, and I urge that no nnstake be made m protecting our Mr. LACEY. Has the amendment been agreed to? people from another experience so unsatisfactory to the settlers in The SPEAKER. The amendment has been adopted as amended. the State of Nebraska. With this amendment, and another slight The effect of it is the adoption of the amendment of the chairman amendment that may be proposed later on, I earnestly hope that of the Committee on Public Lands. The question now is on the the bill may become a law. But, with the permission of the amendment to the original proposition offered by the gentleman House, I desire to call attention to another important fact bear from Nebraska. ing upon this question. Mr. ANDREWS. Mr. Speaker, this pertains to section 2. I The grant under consideration covers a period of about twenty misunderstood the section. I am not offering an amendment to five years. Farmers have purchased lands under it and have in section 1. My amendment relates to section 2. vested the labor of almost a quarter of a. century in the building The SPE.AKER. Is the proposition of the gentleman from~ of their homes. · kansas a substitute for the first section? r·-'llllllll 1896. CONGRESSIONAL RECORD-HOUSE. 1939 Mr. LACEY. No, sir; it is a substitute for the entire bill, so . NOT VOTING-132. that it will come up later on. · Aitk~ D&niels, Kem, "Sa.yers, The Clerk read as follows: Aldnch, Denny, Kirkpatrick, Settle. Anderson, Dolliver, .Leisenring~ Shafroth, Amend by striking out all between the word "be," in line 9, and the word Apsley, Dovener, Lewis, Shannon, •and," in line 12 of section 2, and insertin lieu thereof "more than the mini- Arnold, Pa. Ellett,Va. IJnney, Shaw, .mum Govern:m.ent price thereof." Baker, Md. Faris, Long, Smith, ill. Bankhead, Fitzg"era.-ld, Lo:rim.er, Mr. ANDREWS. Mr. Speaker, a moment's reflection will show Beach, Foote, Low, ~~hard that the terms of the bill would involve an inconsistency in some BeBelknnCoa-p, Foss. McCleary, Minn. Southwiclc. . G . , >lo. Fowler, McCllure, Spalding, cases. For instance, $1.25 was the mimmum overnment pnce Bell, Tex. Gardner, McEwan, .Spencer, for certain lands which have been sold for less than that amount Bingham, Gillet,N.Y. Maddox, Stable, Griswold, Meiklejohn, per acre. If the terms of the bill should go into effect, the maxi- ratnBr, Hainer,Nebr. Miles, ~~~c.w. mum price in such cases would be 25 cents or 50 cents, while B~~~w!h, Hanly, Miller,Kans. Strong, the minimum price would be $1.25. It would be very difficult to Buck, Harmer, MillMillik.~ren, W. V .a. Tarsney, · harmonize the provisions of the bill in practice if the wording ~~fchiugs, Heiner, Pa. ;-,1 Tate, Henry, Ind. Miner,~. Y. Tracewell, should remain as it now stands. The amendment I have offered Clardy. Hermann, Mondell, Tracey, would, as a rule, require the grantee to pay to the Government Clark, Iowa Hicks, Money, Turner,Va. the price at which he could have purchased the land from the Gov- Clarke, .Ala. Hill, Morse, · Wadsworth, Hitt, Mozley, Walker, Masa. ernment in the open market. ~~g, Howard. N ewlands. Walker,Va. Some of it may have been sold for more than the Government Cook, Wis. Howe, Parker, Walsh, price, some of it for less. This amendment would leave the Cooper,Fla. Howell, Price, Wanger, amount below the Government nrice, be determined and ad- CoCooJ?Sr, Wis. Huliek, Raney, Washington, .t' to rliss, Ruling, Reyburn, Watson;-Ind. judicated by the court. In my judgment, this plan would be far Cowen, Hunter, Robertson,La. Watson, Ohio more reasonable than the one proposed by the terms of the bill. Crowley, Hutcheson, Royse, Wellington, Hyde, Rusk, Wheeler The SPEAKER pTO tempore (1\Ir. P .A. YNE). The question is on · CnCurtim~iKngs,s, ans. Jenkins, Russell, Conn. Wilson, Ohio the amendment of the gentleman from Nebraska. Dalzell, ' Johnson, Ind. Russell, Ga. Woodard, The amendment was agreed to. Danford, Jones, Sauerhering, Woodman. Mr. LACEY. Now, Mr. Speaker, I move the previous question upon the bill and the substitute <>ffered by the gentleman from 8-o the substitute was rejected. Arkansas. Pending the announcement of the result, the following proceed· The previous question was ordere.d. ings took place: The SPEAKER pro tempore. The question is on the substitute 1\Ir. TALBERT. Mr. Speaker, my colleague, Mr. STRAIT, is offered by the gentleman from Arkansas. . confined to his room l;>y sickness, and I ask that he be excused for The question was taken; and the Speaker pro tempore announced the day. that the noes seemed to have it. There was no objection, and it was so ordered. Mr. McRAE. Division, Mr. Speaker. 1\Ir. 1\IERCER. Mr. Speaker, my colleagu-es, Mr. HAmER and The House divided; and there were-ayes 42, noes 63. Mr. 1\IEIKLEJOHN, are absent, but paired. If present, they would Mr. McRAE. The yeas and nays. vote '' no." The yeas and nays were ordered. 1\Ir. BANKHEAD. Mr. Speaker, being paired with the gentle The question was taken; and there were-yeas 72, nays 151, not man from Maine [Mr. MILLIKEN], I withdraw my vote. voting 132; follows: Mr. KIEFER. Mr. Speaker, my colleague, Mr. McCLEARY, is as absent, sick, and I ask that he be excused. Were he present, he YEAS-72. w Mr. BARTHOLDT. Will this section prevent the appointment his confinement dressed in prison garb; so we make this provision. of a paymaster's clerk. I wish to say, in addition, this is made necessary for the same re&o Mr. HULL. It has nothing to do with the positio~ of paymas son that they are confined in different posts on account of. turn· ter's clerk? ing over the military prison to the Department of Justice, so that Mr. BARTHOLDT. Will it prevent the appointment of such a we have no national military prison now. · clerk to be paymaster? Mr. STEELE. As a mattm· of information, I want to inquire Mr; HULL. Yes; it will prevent any civilian from being ap if prisoners in our army posts are dressed in striped clothes? pointed paymaster. · Mr. HULL. I do not know how they are dressed. But the in . Mr. BARTHOLDT. Paymaster's clerks are not civilians. formation we have is that they are turned out in their prison :Mr. HULL. Oh, yes; they are civilian employees. garb. Mr. BARTHOLDT. They are subject to martial law. Mr. STEELE. The inquiry I was making was for the pm·pose Mr. HULL. They are civilians. They are not in army life. of knowing whether they wel'e dressed in striped clothes. Mr. BARTHOLDT. The duties of a paymaster are not military Mr.: HULL. I do not know what they are dressed in. The in their character at all. The very best paymaster would be a gentleman will probably know better than I. bank teller; and when you confine the appointment of paymas Mr. STEELE. I think that the prison garb is the uniform of a. t-ers to the Army to officers of the line, then you take those men soldier. . away from their regular duty, the regular military service, for Mr. HULL. Just what they use I do not know. The Secre which the country has paid enormous sums to educate these men. tary of War recommends it. Mr. HULL. That simply comes back to a question of judg Mr. STEELE. I am in favor of the proposition. . ment. Mr. HULL. The Secretary informs us that these men are sim Mr. BARTHOLDT. I know of two or three cases of gentlemen ply turned adrift, and have no other dress than the prison garb. who are now serving as paymasters' clerks, and who have served What that is I do not know. in that capacity for thirty years, some of them, waiting for the Mr. BARTHOLDT. It is the uniform of the service of a com chance to be appoint-ed paymaste1·s of the Anny. They have mon soldier, worn very much. handled millions of dollars without bonds. Mr. HULL. I am simply submitting the language; and we Mr. HULL. That question will come up in a few minutes, if I think that the soldiers so discharged should be given a suit of civ can have an opportunity to go forward. I was giving an explana ilian's clothes. tion of the new legislation. There is no doubt about it being sub Mr. STEELE. I think so, too. ject to a point of order, so that my friend from Missouri can kill Mr. HULL. Now, to go ba.ck to page 9, after the word" fare," it if he wants to. I want to call attention to the item giving com in line 11, the committee have stricken out the words " and trans· mutation of quarters to officers on duty with troops. Under the fers"; so that under this amendment, if adopted, the Government present law if on duty without troops where there is no commu would pay the entire transportation of officers going from one part tation of quarters, a captain gets three rooms at $12 a month of the conntry to another on orders of the Department except par each, a major gets four rooms at $12 a month each, and so on, ac lor-car and sleeping-carfare. Those they have to pay themselves, cording to rank. The law as.it now stands provides that in case but they claim that they are frequently subjected to annoyance in an officer is in active service with troops and quarters are found being compelled to pay 50 cents for a transfer. The estimate was inadequate he can not have commutation of quarters. · that this item might perhaps amount to $100 a year, and the com The Secretary of War, through Major DaVis, states that it mittee thought it desirable to insert it here, but of course it is would not probably amount to more than $500 a year if this pro new legislation. vision should be adopted. But, Mr. Chairman, I want to be en Mr. RAY. Do I understand the gentleman to say that if an of tirely frank with the committee and state that the general in ficer of the Army is ordered from Washington to San Francisco, charge of the department of the Government furnishing quarters traveling of course by rail, he must pay his own sleeping-car fare? has stated to me that if this new provision became law it would Mr. HULL. Yes; he pays his own sleeping-carfare and parlor be open to great abuse and would probably cost the Government car fare, but he is allowed 4 cents a mile for it. $20,000 a year, instead of $500 . . Now, the younger officers on Mr. RAY. Then he would simply have 4 cents a mile allowed duty with troops, being generally unmarried men, are consoli him on which to travel from here to San Francisco? d~d together in what they call a bachelor's hall. They do not Mr. HULL. Oh, no. He would get his transportation from the have the number of rooms that the law really gives them, if they Department, the actual railroad fare from here to San Francisco, are not on duty with troops. If the officers a.re dissatisfied with and 4 cents a mile in addition. · their quartm·s; under such a provision as proposed the officers ~fr. KIEFER. The Government furnishes the transportation? could condemn a large number of the quarters in order that offi Mr.HULL. Yes,sir. cers might get $12 a room per month, and they would go out and Mr. KIEFER. And the Government pays him 4 cents a mile in rent rooms, paying the rsnt from money received as commutation addition to that for other outlays? of quarters. I want to make this statement, because it came too Mr. HULL. The Government furnishes transportation by the late for me to put it in the report. officer paying for his. ticket and charging it on his expense Mr. STEELE. You can knock it out on a point of order. account. Mr. HULL. I understand. On page 10, line 24, and on page ·Mr. DINGLEY. Four cents a mile on a long railroad journey 11, lines 1 and 2, there is a provision: would amount to $20 a day. For toilet articles, barbers', laundry, and tailors' material for use of general Mr. HULL. Yes; for a long distance it would be high, but for prisoners confined at military posts without pay or allowance. a short distance it would not amount to much. That gives them the right to expend money for these items. Mr. DINGLEY. It is a pretty large allowance on a long jour Under the old law our prisoners were confined at the military ney. prison at Fort Leavenworth. That was turned over to the De Mr. STEELE. But not on a .short one. If the officer traveled partment of Justice, and these prisoners are now confined at posts. 40 miles the allowance would amount to $1.60, while he might There is no law that authorizes them to have any toilet articles, have to pay a hotel bill of $6 a day. any soap,or barbm·'s supplies whatever. This is simply to meet the Mr. HULL. That is so. The officers generally take their fami changed conditions since the military prison was turned over to lies with them on these journeys, and a man who does that is gen the Department of Justice. erally subjected to large expense. Mr. DINGLEY. Is there any new legislation on page 9? I see Then, on pages 9 and 10, there is a proviso: there are several "provided furthers." And provided further, That advance mileage may be paid for all distances over 2,000 miles, under such regulations as the Secretary of War may pro Mr. HULL. Not at all. That is the old law. vide. On page 15, lines 7 to 9, there is a new provision: For a donation of $5 to each dishonorably discharged prisoner upon his It was formerly the practice, under a ruling of the Treasury, release from confinement_, under court-martial sentence involving dishonor- to advance this money, and the Inspector-General tells us that able discharge. ' never was a cent lost by that practice, but now if an officer is They are now turned out without any transportation whatever, ordered from here to California he has to pay all of his expenses and we have followed in this the recommendation of the War himself and then come back on the Government, and in many Department, and in addition to that, we have followed the hu instances the officers are compelled to borrow money to do it. mane law of all the States, I think, of this Union. Now, this provision simply authorizes the officer, under such On page 20, lines 20 to 23 inclusive, we provide; rules and regulations as the Secretary of War may prescribe, to For a suit of citizen's outer clothing, to cost not exceeding $10, to be issued draw in advance money sufficient to meet the cost of making the upon release from confinement of each prisoner who has been confined journey. That is all there is in it, and every member of this unde-r a court-martial sentence involving dishonorable discharge. Committee of the Whole is as competent to judge of its propriety As the law stands to-day every prisoner discharged from the as weare. service of the United States is tnrned out in prison clothes, with Mr. DINGLEY. Will that interfere with the system of adjudi out any allowance whatever, and we believe it is an inhuman cating the accounts in the Treasury Department? All amounts ity in the General Government to turn the prisoner out from must now be drawn from the Treasury up.der the law that wM 1896. CONGRESSIONAL RECORD-HOUSE. 1943 enacted by the last Congress, which provides special safeguards ferent States and from the Regular Army. There is a very large for the Treasury. Now, this varies that system of accounting, demand now for this publication from all parts of the country. does it not? In the language of General :Morgan, this is something that is Mr. HULL. I doubt, Mr. Chairman, that it would vary the wanted North, South, East, and West. The only question in the system of accounting. The law fixes the amount that an officer mind of the committee was whether 3,000 copies would meet the de is entitled to receive, and this is regarded as a desirable reform. mand from the National Guard, the military schools, and the Reg General Breckinridge, in his statement to the committee, among ular Army. Anything which will teach a better method of cook other things, said: ing in our Army is, it seems to me, a very good provision. But it GeneralBRECKINRIDGE. There is another matter I wish to call your atten is new legislation. tion to. We travel a good deal in my department, and there is a matter there The provision on page 16, lines 5 to 9, inclusive, is not new legis which I thlnk can help us without increasing expense, and that is if you will lation, but it appropriates $30,000 in excess o1; the estimates. If authorize an advance of mileage. We had 1t for a long time and there has gentlemen will turn to page 5 of the committee report they will never been anv loss. Mr. Kent will read the proposed amendment. Mr. KENT. rnsert, after the word "railroad" after the last "and," "Pro find the statement of General Batchelder, Quartermaster-General vided ju1·ther, That advance mileage may be paid, under such regulations as of the Army, showing that upon the appropriation of SSO,OOO for the Secretary of War may prescribe, for all distances exceeding 2,000 miles." this item last year there has been a deficiency amounting to $49,900. GeneralBRECKINRIDGE. The officers have to borrow money andpay inter est on it whenever they go out under orders of the Government. It does not The Secretary of War cut down the estimates from $130,000 to affect me, because I have a bank account. It has never caused any loss, and $100,000, but in conversation with me he stated (and he agreed· to I do not believe it will. The mere idea is to fix it so that the Government for send a letter to that effect, which I have not yet received) that he carrying on its own business shall stand its own expense. Mr. KENT. Under the old practice the Treasury advanced rmleage, and believed the amount estimated by General Batchelder of $130,000 permitted it to be paid for all dic;tances exceeding 2,000 miles and m spe<'ial was the very least that ought to be appropriated by Congress. As cases distances exceeding 1,000 miles. That was the case until the second there is a deficiency of $49,900 under the law of last year, it makes Comptroller called a halt by referring to the statutes, which provide that no advance of public money shall be made on any account whatever. He con practically the $130,000 in this bill; eo there is no increase in fact. strued that as cutting off the authority of the Secretary of War. When an Mr. :l\IcMILLIN. Will the gentleman again state the page of officer gets orders to travel distances over 2,000 miles he must make the ad the bill to which he refers? vance himself sufficient to cover the mileage. Mr. HULL. Page 16, lines 5 to 9. The provision to which I , It is simply an advance of the amount of money which the law am now referring is not subject to any point of order. I simply provides that he shall have for that purpose. want to call attention to the fact that it is an increase over the Mr. CONNOLLY. No otherofficerofthe Government is allowed estimates. to draw in advance in that way. · On page 23, in lines 18 and 19, the committee have inserted new Mr. DINGLEY. I was about to say that this changes the whole legislation providingammunitionforburialsattheNationalHomes system of adjudicating the accounts of the Government. Of course for Disabled Volunteer Soldiers. To-day there is no authority of no vouchers accompany this proposed advance of money. Has the law for the issuance by the Government of a single grain of pow gentleman consulted the Treasury officials about this? der for the firing of a salute over the grave of an old volunteer Mr. HULL. No. I have stated all the information we have when his remains are caiTied from the Soldiers' Home to their last about it. All that we have received comes from the War Depart resting place. The committee believe that as a simple mark of ment. respect to these veterans the Government should make provision Mr. DINGLEY. I think the Treasury officers ought to be con for this expense and not allow the surviving comrades of an old sulted as to how it would affect the settlement of the accounts. soldier to provide by subscription for furnishing this powder to Mr. STEELE. It will not make any change at all. An officer fire a salute over his grave. The salute is now always fired,, but is ordered to-day from here to San Francisco. As a general rule i ~is done at the expense of the inmates of the Home. Of com·se this officers live up to their pay. Now, instead of going to an in provision is subject to a point of order. dividual and borrowing the money, often at a high rat-e, this per On page 24, in lines 8 to 13, we provide for firing a morning and mits the paymaster or the quartermaster~ or whoever has charge evening gun at theNational Homes for Disabled Soldiers. There of the funds, to advance the officer the necessary amount with is now no law for this. General Flagler in his statement before the which to make the journey. When he has completed the trip he committee said that on account of the cheaper methods of manu is required to make up his vouchers, whieh show tha.tthe Govern facturing the powder to fire these morning and evening guns no ment owed him this amount, but that it has been paid in advance. increase in the appropriation would be necessary. The best grade That is all there is in it. of powder is not used for these purposes. Mr. KIEFER. It is simply an advance. . .Mr. Chairman, I wish to say fmther that in the formation of Mr. HULL. For many years this was the rule under the same this bill the committee gave the highest amount asked for by the law that now exists, but some Treasury official held that these Ordnance Department of the Government. If we had not be advances could not be made under the law, and so, for nine or lieved thattheprovision would be subject to a point of order, and ten years -past, they have not been made. if we had not been held back by the condition of the Treasury, Mr. RAY. Perhaps the chairman of the Committee on Military the committee would have been in favor of a larger appropriation Affairs can give me a little infonna.tion that I desire. As I under for the additional manufacture of small arms. This Gove:tnment, stand it, the pay and allowances of an officer in the Army who is with its million of men ready to enter the military servic~ when an unmarried man are precisely the same as the pay and allow ever the necessity may arise, is absolutely \vithout the means of ances of a married man. arming them for the defense of the Government. There is no :Mr. HULL. Exactly the same. other Government of the magnitude or power of ours that has not Mr. RAY. And when they travel from one point to another a reserve of arms that can be used in case of war. are officers who are married allowed anything for the transporta We have increased the appropriation over last year for the man tion of their families? ufactrn.·e of the smokeless powder, and, according to the evidence Mr. HULL. They are not. The Government does not take submitted before the committee by General Flagler, with this into consideration the family of the officer at all. It is the officer increase of $25,000 we shall not accumulate more than 815,000 only that the Government deals with. worth of powder each year. We ought to accumulate a stock of Mr. RAY. So that the married officer is compelled to bear this powder that would give us an available supply in the event of expense out of his pay? hostilities. We have not now such supply. But the increased Mr. HULL. Yes, sir. appropriation of $25,000 will gradually increase our reserve in this Mr. RAY. Then the law is rather a discouragement to officers respect. of the Army to enter into matrimonial alliances. Some gentlemen may say we ought not to increase our stock of Ml'. DINGLEY. The case is not different with these officers this powder because it will deteriorate. The evidence before the from what it is with all other Government officers. committee was that the powder will be as good fifty years from Mr. HULL. There are supposed to be compensating advan now as it is to-day. tages to a man with a family which will induce officers to enter Now, Mr. Chairman, !believe I have explained the bill in proba into the marriage relation. bly more minute detail than was necessary, and I yield the floor :Mr. STEELE. And they do have families. to anyone who desires it. Mr. HULL. Yes, and some of them quite large families. .M:r. BARTHOLDT rose. On page 11, line 13, we have inserted another provision of new :Mr. HULL. Does the gentleman \vish to ask me a question? legislation. Mr. BARTHOLDT. Yes, sir. Mr. DINGLEY. Has the gentleman stated all the new legis Mr. HULL. Then I retain the floor in order to answer the lation on page 9? gentleman's question. Mr. HULL. There is one other matter; we have left out the Mr. BARTHOLDT. I wish to ask the gentleman whether in .· words'' and transfer." his statement of new legislation embra~ed in this bill he ha. As I was about so say, on page 11, in line 13, we provide for the included the provision on page 5, in lines 24 and 25? publication of 3,000 cookbooks. Of this book the last Congress Mr. HULL. I have already stated that it was new legislation authorized the publication of 1,500 copies. The edition was at and I called attention to the fact that it is sllbject to a point of once exhausted by demands from the National Guards of the dif- order. . 194;{ CONGRESSIONAL -RECORD --H-OUSE. ·~ FEBRUARY 19; Mr. KIEFER. To what page do you now refer? The subcommittee in charge of the bill, and, the whole committee, Mr. HULL. To page 5, as to the Pay Department-the proviso were exceedingly careful in framing the bill, and, as stated by the at the bottom of the page. · chairman of the committee, were unanimous in reporting the bill Mr. BARTHOLDT. I desire to reserve the right to make the to the House. - · point of order upon that provision. I am not personally aware of any legislation vicious in ·ita Mr. HULL. All points of order have been reserved. character in this bill that increases appropriations or that is Mr. McCLELLAN. Mr. Chairman, after the very full and legislation per se. If there had been any, I should certainly have satisfactory explanation of the gentleman from Iowa, the chair opposed it in the committee. There were some little matters man of the Committee on Military Affairs, I do not deem it neces that the committee found, after careful and thorough investi sary to consunie the time of the committee by adding anything. gation, should be changed from existing law, and those little But on behalf of the minority of the committee I wish to say only chan~es are made in the bill. When they are reached in reading this, that we indorse everything in the bill and every statement the b1ll by sections, if a point of order will lie against them, the made by the chairman of the committee, and add that the bill is gentleman from Tennessee [Mr. McMILLIN] can have them unanimously reported by the Committee on. Military Affairs. It stricken out, unless we can explain them satisfactorily to"the was ordered to be reported favorably by every member of the House. I do not believe my friend, when he hears this bill read committee, and the report was voted for by all of the members, by sections and explained, will find any legislation in it that he the majority and the minority alike. will seriously object to. Mr. HULL. Now, Mr. Chairman, if no other gentleman de-1 Mr. DINGLEY. Mr. Chairman, a single remark. I agree en Bires to occupy the floor, I ask unanimous consent that the bill be' tirely with the gentleman from Tennessee that jt is not wise as a read by sections for debate and amendment under the five-minute, rule to attempt legislation upon appropriation bills, no matter rule; of course with the understanding that anyone can have his whether it is done under the guise of reducing appropriations or time extended who wishes to occupy the floor during the five for any other purpose. We all know that the old rule that an minute debate for a longer time on any provision. amendment providing for legislation in an appropriation bill to Mr. Mc.MILLIN. Mr. Chairman, I wish to call attention to the reduce appropriations might be held to be in order was subject to fact that an unusual amount of general legislation is carried in great abuses under which very important changGs of law were this bill. It has been explained in a very careful and systematic proposed, under the guise of reducing the appropriation. I think way, each different item in detail, by the chairman of the com that it is appropriate that on appropriation bills we should not mittee. attempt to legislate unless there is incidentally some matter in ~ I struggled, when we were debating the rules, to get the right which the whole House unanimously agrees there ought to be for the appropriationcommitteestochangethe law so as to reduce something done. Of course where the whole House agrees, in the expenditures on an appropriation bill. But it could not be done. matter of administration especially, that some particular item of There was no spirit, it seems, to have that rule in force which had legislation is desirable, then it will go in without objection and worked so advantageously for so many years and un:der which the there can be no evils arise from that. main economies that have been effected in this Government have But it is true that ordinarily legislation attempted upon a gen been forced. eral appropriation bill is hasty legislation, or, if not hasty legis Now, I am not going to take up the time of the committee in lation, is such legislation as would have bean much better if anything like an extensive commentary on the provisions of the considered by the appropriate committee and brought in in a bill. I only wish to say-- separate bill. As to these incidental matters of legislation relating Mr. DINGLEY. Will the gentleman pardon me for a sugges- to administration, if any particular one seems to every member of tion? , the House to be desirable and wise, then no objection will be raised Mr. McMILLIN. Certainly. and it will go through, as a matter of course. If there are any Mr. DINGLEY. Are there any amendments proposing new which seem to individual members of the House to be unwise, legislation on this bill that would come under that provision of then they will go out on a point of order, and must be brought the old rule? There is no provision to reduce expenditures which into this House from the appropriate committee in a separate bill. would have brought it under the old rule. Mr. STEELE. Mr. Chairman, the statements made by the gen Mr. McMILLIN. No, sir; that is just the very point that I am tleman from Tennessee for the benefit of the chairman of the com complaining of. You can increase expenditures, it seems, on a gen mittee are about such statements as are made on every appropria eral appropriation bill, but you have no right to diminish them. tion bill that· comes into this House, and notwithstanding such Mr. DINGLEY. Oh, no; you can not increase· expenditures by statements there has never been an appropriation bill brought adding new legislation. The new legislation is subject to the point into the House which has not had in it let,rislation of the character of order, of course, if it be new legislation. indicated in this bill, and I venture the assertion that there never Mr. McMILLIN. And while I have great confidence in my has been an appropriation bill brought into the House in which good friend from Iowa [Mr. HULL l ,·who has spoken of the bill, the changes of existing law have- been so minutely described by and also my friend from New York fMr. McCLELLAN], who has the chairman of the committee as they have been by the chairman spoken in favor of it, I think it wou d be decidedly better if we of this committee, giving every gentleman in the House an oppor were~ pursue that old policy in reference to appropriation bills; tunity of striking them out if desired. They meet the very point or else, if we were to pursue the new policy, let us hew to the line made by the gentleman from Maine, that if there is a single man and let legislation come on legislative bills and appropriations on who has an objection to any one of these items, it has been the appropriation bills. - · · brought to his notice, so that he can strike it out if he desires to As I understand the gentleman from Iowa, he has indicated that do so. the officers of the Army say that on this question, of the commu Mr. HULL. Now, Mr. Chairman, I will ask that we proceed tation of quarters, the expenditure will probably involve an in under the five-minute rule. crease of $20,000. The CHAIRMAN. The Clerk will read the bill. Mr. HULL. He did not say that it would be an increase, but The Clerk read as follows: that it might be liable to that. Be it enactcd etc., That the following sums be, and they are hereby, appro Mr. McMILLIN. ·And the gentleman said further that the priated, OUt OI1 any monez in the Treasury not Otherwise appropriated, for testimony of the General of the Army was that it would be sub the support of the Army .or the year ending June 30,1897: ject to grave abuses. FOR PAY OF OFFfCERS OF THE LINE. Mr. HULL. No, I did not say that the General of the Army For pay of officers of the line, $2,768,000. said that. · · Mr. PICKLER. I offer the amendment which I send to the Mr. McMILLIN. Then I misunderstood the gentleman. May Clerk's desk. I ask what official made that statement? The amendment was read, as follows: Mr. HULL. I said the general in charge of the disbursements Amend by adding after line 9, page 1, the following: said it was liable to abuses. The General of the Army, I wish to " P1·ovided, That such officers shall not hereafter be detailed as Indian say, has never made any statement at all upon the subject. agents." Mr. McMILLIN. Then I misunderstood what the gentleman Mr. HULL. I raise the point of order on that amendment that said. But the officer having the matter in charge has indicated it is new legislation. that it would invo1ve an increase of expenditures of 820,000, as well The CHAIRMAN. Does thegentlemanfrom South Dakota de as be liable to great abuses. sire to be heard on the point of order? I wish only to call the attention of the committee to the fact Mr. PICKLER. It is very doubtful whether it is new legisla and suggest how much better it would be if we could have our tion or not. Under the existing law the President may detail appropriation bills simply what their names indicate, and not army officers. legislative measures. Mr. STEELE. And this says he may not. [Daughter.] · Mr. WASmNGTON. Mr. Chairman, I hope my friend and The CHAIRMAN. The Chair will s"Q.stajn tbe point of order. colleague from Tennessee [Mr. McMILLIN] will not frighten the Mr. PICKLER. I should say that that provision is put in the House by any such declarations, of an immense amount of new appropriation bill from year to year. That is the reason why I legislation involved in the pending bill, as he seems to indicate. say it is questionable whether it is existing law or not. 1896. CONGRESSIONAL RECORD-HOUSE. 1945 Mr. HULL. Mr. Chairman, if the law fails . by not being put in the highest terms of the efficiency of army officers as lil.dian in the appropriation bill, the gentleman from South Dakota will agents; but what.he.objeoted to was the employment, because it have gained his point. · was not military employment. l'he CHAIRMAN. The Chair sustains the point of order. Mr. PICKLER. And that is the best reason in the world, I Mr. PICKLER. I offer another amendment. think. There are some army officers who make good agents, of The Clerk read as follows: course. · Amend by adding after line 9, page 1, the following: The CHAIRMAN. The time of the gentleman has expired. "Provided, That such officers shall not hereafter be detailed as Indian Mr. PICKLER. But in nine cases out of ten the civilian makes agents unless nominated to such place by the President and confirmed by a better agent than the army officer. &he Senate." Mr. HULL. Conceding every word that the gentleman from Mr. HULL. I reserve the point of order on that. South Dakota has said is true, that is only a reason why he should Mr. PICKLER. I hope the gentleman will accept that amend bring in a bill and change the law. I raise the point of order t:)ent. against the amendment that it changes existing law. Mr. HULL. Well, I shall not. The CHAIRMAN. The Chair sustains the point of order. Mr. SAYERS. I want to suggest to the gentleman that if an The Clerk read as follows: officer of the Army should be nominated by the President and con FOR PAY OF ENLISTED MEN. firmed by the Senate to any other office he would not only lose For pay proper of enlisted men of a.ll grades, $4,205,000: Provided, That his salary, but his place also. hereafter no pay shall be retained. Mr. PICKLER. That is something for the army officer to look Mr. BOWERS. I desire to offer an amendment at this point. after. I want to say, Mr. Chairman, if the gentleman from Iowa The Clerk read as follows: reserves his point of order, that this manner of the detailing of Add to line 4, page 2, the following: army officers for the performance of civil duties is contrary to "And provided further, That no part of said sums for pay of officers or en the genius of our republican institutions. listed men shall be paid to officers or enlisted men employed in guarding or Mr. BOWERS. Contrary to the interests of a great many con policing forest reservations or national parks." tractors. That is what is the matter. [Laughter.] Mr. BOWERS. :Mr. Chairman- Mr. PICKLER. The detailing of these army officers to civil Mr. HULL. I shall have to reserve the point of order on that. positions is not upheld by any report that has ever been made in Mr. BOWERS. I want to talk on the point of order. the investigation of the Indian question, and it is only upheld by The CHAIRMAN. The gentleman reserves his point of order. an officer here and there having friends in Congress, and who de Mr. BOWERS. I only want to bring the attention of the sires to remain in that place. Now, as a general thing army offi Honse t) one fact. Last summer I visited the Sequoia Forest cers do not wish this detail. Their hearts are not in the Indian Reservation, in Tulare County, Cal. I traveled to that reserva work. They are army officers. They are concerned in the busi tion two days over a mountain road built by the miners at their ness of the Army, and so far as I am concerned, Mr. Chairman, I own expense. I met armed United States troops upon that road, am in favor of keeping them in the line of army work. I am for which they had taken possession of to search wagons to see that the Army; for sustaining the Army. I am in favor of army offi men did not bring into that reservation guns or fishing ta.ckle cers having the widest possible use in the line of their military unless they had a permit from the officer of the United States duty, but I am opposed to their being detailed to the civil service Army. of the Government. Mr. ALLEN of Utah. Where was the officer? Mr. BOWERS. Will the gentleman allow me? Mr. BOWERS. The officer was on the reservation, at the head Mr. PICKLER. No; the gentleman can never talk sanely on quarters of the company. I found on the night of the third day, this question. [Laughter.] He is always daft on this line. The when I arrived at Mineral King, 8,000 or 9,000 feet above the sea, reports are all against these army officers being detailed for this above the timber line, with the exception of a few scrub fir trees, service. They are detailed. They are more interested in the real there was a little valley below-- work of an army officer than in this civil work. They are simply Mr. ALLEN of Utah. May I ask the gentleman a question? detailed to these positions, remain for a time at the agency, and Mr. BOWERS. Yes, sir. then are detailed somewhere else. The consequence is that they Mr. ALLEN of Utah. Concerning those permits, is there any do not become interested in the Indian service. They are not in regulation whlch enables people to obtain permits? Is the officer terested in the promotion of the education of the Indians. They stationed where the public can get access to him? . are not interested in the development of the Indians like the civil Mr. BOWERS. He was stationed then at Mineral King, three ian. The civilian is always appointed by the party in power, and days' travel from the inhabited country. One can go into that res is therefore responsible to his party, responsible to the Indian Com ervation only for about ninety days in the year. The snow falls missioner and to the Secretary of the Interior; and it so univer there from 25 to 30 feet in the winter. Some four or five bodies sally happens that there is scarcely an exception-I speak of it from of soldiers under charge of a sergeant were stationed in different knowledge, as I have seven agencies in my State-that the civilian parts of this park to guard it and see that people did not catch fish gives better satisfaction than an army officer as an agent. or kill deer without a permit. No citizen is allowed to go into Mr. STEELE. Has the gentleman ever seen any official report that reservation to kill deer, but I assert here that the The Clerk read as follows: to allow any other member to offer. a suggestion, is" it not to the For pay of Hospital Corps, $206t280: Provided, That thel'e sha.ll be no appoint decided disadvantage of every other member in not being alloweQ. ments of hospital stewards unt1l the number of hospital stewards shall be to offer anything in the shape of an amendment or suggestion;· reduced below 100, and thereafter the numbel' of such officers shall pe fixed and does not it give the members of the committee a decided ad at 100. vantage in the framing of such measures? Mr. BOWERS. I rise to a parliamentary inquiry. Mr. GROSVENOR. Well, I have been trying to show just The CHAIRMAN. The gentleman will state it. that, and to show the committee that such was my opinion. If :M:r. BOWERS. Weunderstand that these words, on which the I have not been able to do so, and make myself understood, I will point of order was made with reference to retaining pay, remain yield to the gentleman from South Dakota. [Laughter.] m the bill. Mr. PICKLER. I want to ask further if it is not absolutely The CHAIRMAN. Certainly. No point of order was made out of order, and if it should not be prohibited to the committee, against them. to bring in such matters at all? Mr. HOPKINS. I reserve the point of order on the new legis Mr. GROSVENOR. In my judgment t is a violation of the lation in the paragraph just read. rules of the House-a plain, open violation of the rules-and I Mr. GROSVENOR. Mr. Chairman, I move to strike out the last doubt whether or not a point of order on the bill, when it first word. came into the House, would not have been sustained on the ground I think I must have been very unfortunate in the statement I that it was a plain, palpable violation of the rules of the Honse, attempted to make a few moments ago when so astute a member and as such admitted by the committee itself. as the gentleman from Maine [Mr. DmGLEY] utterly misunder Mr. PARKER. Mr. Chairman, I have only one thing to say. stands what I was trying to get at. [Laughter.] Of course on the objection of anybody these small changes will The gentleman from Tennessee [Mr. McMILLIN] had inveighed be ruled out; but when the War Department comes to the com in a general way against an amendment or amendments carry mittee and say, as they did in Mr. PARKER. Only when there is discussion of proposed Mr. HULL. Mr. Chairman, I want to call attention to the fact amendments; but if our amendments or those of anyone else are that the proviso here is new legislation. It is put in at the request objected to and ruled out, it is all right. of the Paymaster-General for the purpose of simplification of the Mr. HOPKINS. I reserved a point of order against the new books. legislation here, but I should like to have the chairman of the Mr. DOCKERY. Mr. Chairman, I desire to submit a single committee explain ·why this legislation is proposed. observation. Some criticism has been made in connection with The CHAIRMAN. Will the gentleman state his point of order? the fact that legislation is carried by this bill. I can speak disin Mr. HOPKIN5. It is new legislation. terestedly, except, perhaps, as to one paragraph. Now. Mr. Chair Mr. HULL. I understand you reserve the point, but you do not man, I want to say this in reply to that criticism: In my judg-· make it. If you insist upon it I do not want to say a word. ment it is exceedingly important for committees having in charge Mr. HOPKINS. No, I reserve it. appropriation bills now and then to report wise administrative Mr. HULL. The proviso commencing on line 6 and ending in legislation, inasmuch as this is usually the only way in which you line 10, on page 2, is new legislation. It reduces the number of can enact such legislation into law. hospital stewards to 100. It was done at the suggestion of the Now, then, so far as I am concerned, I am disposed upon all of Surgeon-General of the Army, who has charge of the hospital these merely administrative questions to follow the judgment of stewards. He states that on account of the consolidation of posts the committee having the matter in charge, especially a committee they will not need to exceed 100 hospital stewards, and that they reporting a bill which has both the legislative authority and the were now making no additional appointments. The law now authority to appropriate. I am not prepared to say that all these authorizes 112hospital stewards; and the Surgeon-General further administrative provisos found in this bill are wise. There is no stated that after the further consolidation of posts which is going question that points of order will lie under our rules, but before on the number could in a few years be reduced below 100, but they are interposed I suggest to the members of the committee that at this time no injury could come to the service by limiting that we ought to be very sure we are right, because for more than the number to 100. twenty years some of the best and wisest administrative provisions Mr. PICKLER. Now,Iwanttosay-- that have gone into our statutes have gone there on appropriation Mr. HOPKINS. Will the gentleman allow me right there? bills. It may, perhaps, be said in answer that some of the worst Under existing law if these posts are consolidated they are not have also gone on appropriation bills. That may be true; but as required to appoint any more hospital stewards than they have a rule, so far as this body is concerned, provisions that have thus posts. been enacted into law have first been carefully considered by a Mr. HULL. They can appoint 112 hospital stewards whether committee of this House. Now, then, this bill being in charge of they have 112 posts or not. a gentleman who is noted for his conservatism, I trust that unless Mr. HOPKINS. I understand that. But suppose they only the exigency seems to be sufficient members will refrain from rais- had 60 posts; they would require but 60 hospital stewards. Now, ing points of order. • they are not required by law to keep the full quota of 112 in the Mr. PICKLER. Will the gentleman permit me to ask him a service, are they? question before he takes his seat? Mr. STEELE. Yes, sir. Mr. DOCKERY. Certainly. Mr. HULL. That is a point I would not want to determine. Mr. PICKLER. Suppose it is conceded that it is a proper thing They have 112, but do not want any more than 100. The idea of for these committees to report legislation? the committee was that they should make no more appointments Mr. DOCKERY. I said mere administrative legislation. until the number was reduced to 100. Mr. PICKLER. Well, confine it as you like. Now, what does Mr. HOPKINS. If the suggestion of the gentleman from In the gentleman say when these measures are reported as to the diana be correct, that under existing law they are compelled to rights of members who are not on the committee to offer germane pay 112 hospital stewards, I should be in favor of this amendment; amendments to the amendments proposed? but if my construction of the law be correct, if we are only com Mr. DOCKERY. I say this, that unless a point of order is pelled to appoint the number of stewards that we h':lve posts in the interposed, any legislation upon the bill will be subject to amend· country, then I see no rea-son for this new legislation. Now, it ment, provided the amendment is germane to the proposition in may be that under existing conditions we do not need the num the bill. ber that are limited by the law; but it seems to.me that it would Mr. PICKLER. I do not think anybody has complained about be better to leave that point so that if at any time in the future we this committee reporting new legislation on the bill, but what does increase this arm of the Government service and increase the num- excite complaint is the fact that although these amendments . ber of posts in the country we will not be compelled to come to Con changing existing law are reported by committees bringing in bills, gress to get permission by new legislation to appoint these hospital the practice is almost universal for the gentleman in charge of a stewards. Now, myunderstandingis this: That under the law at bill to make a point of order against any amendment that may be the present time we are not compelled to appoint anymore of these offered by a member on the floor, so as to confine us entirely to the members of the service than we have posts, and I thinkitismuch consideration of the report of the committee. better for the service to leave the law as it is than to limit it as is Mr. HULL. Mr. Chairman, I will say in defense of the com proposed in this amendment of the bill; and therefore I raise the mittee that about everything new we have recommended in this point of order. bill is purely administrative. We have not tried to change exist The CHAIRMAN. The point of order is sustained. ing laws except in two cases-one with reference to the paymasters The Clerk read as follows: and the other relating to the payment of officers on duty with And said clerks and messengers shall be employed and apportioned to the troops for commutation quarters. The provision in regard to several headquarters, stations, and inspection districts by the Secretary of hospital stewards is clearly administrative; the provision in re War. gard to pay for clothing and rations is purely administrative. Mr. HULL. Mr. Chairman, I want to call attention to a change That is the character of all the changes that we have recommended; in the existing law. and I want to say to my friend from South Dakota that if he had In lines 4 and 5 the words " and inspection districts" are in something that he thought the committee ought to have reported serted. It is done to cover the case of New York, where the in in this bill it would have been very little trouble for him to have spection district is in the city and the headquarters of the army appeared before the committee and stated it, but we did not have is at Governors Island. the pleasure of seeing him there. I want to say further that to Mr. DOCKERY. No one has made a point of order. suddenly spring new legislation in regard to the Army upon the Mr. HULL. I know; but some gentlemen say they want to Committee of the Whole without its having received any considera know where the new legislation is. tion whatever by a committee of the House, or by the War De· The Clerk read as follows: partment, and to ask the Committee on Military Affairs to con Pay Department: For pay of offioors in the Pay Department, as now author sent to it is not fair. Ized and provided by law, $i4,000. For additional pay to such officers for length of service, to be paid with Mr. PICKLER. Mr. Chairman, I am not complaining of this their current monthly pay ~,200. committee to-day any more than I complain of other committees. In all, $96,200: Provided, That hereafter all appointments made in the Pay It is futile for the gentleman to say that if I had anything to sug Department of the Army shall be made by selectiOn from the line of the Army. gest I ought to have gone before his committee. I have too much Mr. BARTHOLDT. I raise the point of order against this last to do to run around suggesting every little.amendment that occurs paragraph. to me on any subject. But here to-day I have suggested an amend Mr. HULL. It is new legislation, and it would have to go out ment providing that army officers shall not. be detailed as Indian on a point of order. agents, and I would like to have a vote upon it. The proposition The CHAIRMAN. The point of order is sustained. is germane; it is in order; it is one that requires no elaborate con The Clerk read as follows: sideration by a committee, and I would like to have a vote upon it. And by the way, Mr. Chairman, I am opposed to our rule as RETIRED ENLISTED MEN. it stands. I think it is a bad rule. I very much prefer the one For pay of the enlisted men of the Army on the retired list, $386,287.25: Pro vided, Tliat hereafter a monthly allowance of $9.50 be granted in lieu of the which prevailed in the last House. I hold that it is just as suit r.llowaa.ce for subsistence a.nd clothing. able to legislate on an appropriation bill as upon any other bill. 1896. CONGRESSIONAL RECORD-HOUSE. 1949 and that if general legislation on appropriation bills were prohib especially to hear the e~oquence of our friends which is always ited only during the last fifteen days of a session of Congress there enjoyed by the House. I am sure if the gentleman will examine would be no "danger whatever in it. The only danger there is in carefully into the new legislation embraced in this bill, he will be legislating upon appropriation bills is in the expiring hours of a convinced of the truth of what has been stated, that it is almost session of Congress, but up to within two weeks of the end of a entirely administrative, and all of it is in the interest of economy session, when we are considering these appropriation bills and and retrenchment. I know the gentleman is an economist. have plenty of time, I think it would be entirely proper to ena-ct The CHAIRMAN. Debate on the pending amendment is ex·· legislation in that way. hausted. Mr. STEELE. Mr. Chairman, I call for the regular order. Mr. PICKLER. I withdraw the pro forma amendment. Mr. PICKLE;&. I have the floor, Mr. Chairman. The Clerk read as follows: Mr. STEELE. What amendment is the gentleman speaking to? For commutation of quarters to commissioned officers on.duty, without Mr. PICKLER. I do not yield the floor. I am speaking in my troops, at stations where there are no public quarters, $210,725.48: Provided, own time to this amendment. That hereafter, in oase the public quarters at any station are so full as to prevent the assignment of quarters in kind to a commissioned officer there Mr. STEELE. I call the gentleman to order. stationed on duty with troops, commutation of quarters at the usual rates Mr. PICKLER. I am speaking to the paragraph. shall be paid to him as is now authorized by law to officers on duty without Mr. STEELE. I make the point that there is no matter before troops; the question of inadequacy of quarters in each case to be determined the committee. by the Secretary of War. Mr. PICKLER. I am speaking to the paragraph. Mr. HOPKINS. Reserving a point of order on this provision, Mr. STEELE. What paragraph? I would like to have from the chairman of the committee an ex· Mr. PICKLER. The last one that was read. [Laughter.] planation of this new legislation. Mr. STEELE. The gentleman has made no motion on which Mr. CANNON. Why not have a ruling on the point of order? to found a speech. Mr. HOPKINS. It may be that we shall all acquiesce in the Mr. PICKLER. I do not need to make a motion. The gentle provision. man ought to know that I do not have to make a motion. Mr. CANNON. No, sir. Mr. STEELE. Mr. Chairman, I ask for a ruling upon the point Mr. HULL. I am ready to let the Chair rule. of order. If the gentleman is speaking to any question before the The CHAIRMAN. Is the point of order insisted upon? committee, I should like to know it. Mr. HOPKINS. Not by me. Mr. PICKLER, I hope, Mr. Chairman, that I shall be pro- Mr. CANNON. I make the point of order. tected in my right'3. fLaughter.] Mr. CONNOLLY. I also make the point of order, because I The CHAIRMAN. No amendment has been offered. believe that this provision, in addition to being new legislation, Mr. PICKLER. I am speaking on the last paragraph read. is mischievous legislation. Mr. STEELE. But the gentleman has made no motion·. The CHAIRl\1.AN. The point of order is sustained. Mr. PICKLER. Oh, well, if the gentleman is so technical, I move to strike out the last word, and now I want five minutes The Clerk read as follows: from this time. [Laughter.] For mileage to officers when traveling on duty without troops, when author ized by law, not to exceed SUO,OOO, to be lillotted by the Secretary of War to Mr. STEELE. The gentleman can not have it. the War Department and to the several military departments; and not more Mr. PICKLER. Yes, I can. than three-fifths of said amount shall be expended during the first half of the Mr. WASHINGTON. :rvir. Chairman, I rise to a parliament.-1.ry fiscal year, and not more than one-half of the remainder during each of the remaining quarters: P1·ovided, That hereafter the maximum sum to be al inquiry. lowed and paid to any officer of the Army shall be 4 cents per mile, distance 'fhe CHAIRMAN. The gentleman will state it. to be computed over the shortest usually traveled routf>s, and in addition Mr. WASHINGTON. How many times can a gentleman be theret-o the cost of the transportation actually paid by the officer over said route or routes, exclusive of parlor-car or sleeping-car fare: .And provided fur recognized to speak on the same subject? the,-, That when an officer so traveling shall travel in whole or in part on Mr. PICKLER. This is a new amendment, Mr. Chairman. any railroad on which the troops and supplies of the United States are enti Mr. HULL. Mr. Chairman, I move that the gentleman from tled to be transported free of charge, or over any of the bond-aided Pacific South Dakota have unlimited time. railroads, he shall be allowed for himself only 4 cents per mile as a sub sistence fund for every mile necessarily traveled over any such railroad: And Mr. PICKLER. I do not yield to the gentleman. I have the p1·ovided furthe,·, That the transportation furnished by the Quartermas floor. There are occasions in this House when a member can re ter's Department to officers traveling without troops shall be limited to tain the floor even against a man in charge of an appropriation transportation in kind, not irrcludil.lg sleeping or parlor car accommodations. over free roads, over bond-aided Pacific railroads, and by conveyance belon~ bill, and I claim that right now. [Laughter.] ing to said Department, and the Secretary of War shall so apportion this Now, Mr. Chairman, as I was saying, the rule as it at present sum as to prevent a deficiency therein: .And providedfurther, That advance prevails makes it almost impossible for us to secure desirable legis mileage may be paid for all distances over 2,000 miles, under such regulations lation. It is all well enough for the gentleman from Iowa to say as the Secretary of War may provide, to me, "Bring in your little bill providing that a military officer Mr. HULL. I desire to call attention to the fact that in line 11 shall not be detailed as an Indian agent"; but whattloes that sug of the paragraph just read we have left out the words "and gestion amount to? What I complain of is that we are too much transfer." If these words be not inserted the Government will narrowed down. I believe there would be no danger arising from pay the expense of transferring these officers from one place to legislation on appropriation bills if the prohibition against such another. legislation were confined, for instance, to the last two weeks of 1\ir. HOPKINS. Why is that change made? the session. But under the rule as it is at present we are abso Mr. HULL. It is a small affair; and the change was made at lutely deprived of the opportunity to legislate on many important the instance of the Inspector-General of the Army. These officers Bubjects connected with these appropriation bills. are now compelled to bear that expense themselves. Some gentlemen here seem to think that we are directing our Mr. HOPKINS. But the allowance of 4 cents a mile is more attacks against this committee especially. We are not doing so. than they ar_e compelled to pay for transportation, is it not? The point I am trying to make is this: That when the committee Mr. HULL. I believe so. Mr. Chairman, I wish to call atten in charge of one of these bills has reported a particular provision, tion to further new legislation in this paragraph. I refer to the and in the Committee of the Whole a germane amendment to provision beginning at the bottom of page 9: that provision is offered, the chairman of the committee reporting .And p1·ovided further, That advance mileage may be J>aid for all distances the bill should not get up and arbitrarily make a point of order over 2,000 miles, under regulations as the Secretary of War may provide. against any such amendment, denying to the friends of the prop osition an opportunity to be heard. That is what I complain of. This is new legislation. Mr. WASHINGTON. Mr. Chairman, I am satisfied that the Mr. DINGLEY. It is new legislation, and I am afraid legisla Committee on Military Affairs have not the slightest desire to cur tion that is not healthful. I wish to reserve a point of order for tail in any way the prerogatives of our friend from South Dakota a few moments until we can understand this matter further. fMr. PICKLER]. It seems to me that the discussion in which he As will be recollected, the law provides absolutely that no ad· lias just indulged might have been more appropriate when the vance of public money shall be made to any other person than a rules were under consideration. That was the proper time to disbursing officer, who is a bonded officer. I have never known discuss the propriety of the rule which now prohibits him or any any such legislation as this, proposing that the Government ad other member from offering an amendment in the shape of gen vance moneyto a person not a disbursingofficer-notunderbond. erallegislation upon an appropriation bill. It is not the fault of I am a little afraid of this kind of legislation. the Committee on Military Affairs that we have such a rule. Mr. HULL. Very well, then, make a point of order upon it. Mr. PICKLER. I am not blaming that committee. Mr. DINGLEY. But if it is proper legislation I do not want Mr. WASHINGTON. Furthermore, it seems to me, as a very to raise a point of order. quiet observer, that the chairman of the committee has not cut off Mr. HULL. We believed that it would relieve a very worthy any of the rights of the gentleman from South Dakota by pressing class of officers of the burden of having to borrow money to pay his point of order. The gentleman from South Dakota has been expenses of this kind when they are transferred from one place heard repeatedly; and the chairman withheld his point of order to another. . - 1950 CONGRESSIONAL RECORD-HOUSE. . FEBRUARY 191 l'fi. DINGLEY. But under existing law no officials·anyotvhere is well understood. It is as well defined as anything else in the have money advanced to them except disbursing officers, who, as bill. I have said, are under bond. Mr. WASHINGTON. I object to the word being stricken out. Mr. HULL. The officers of the Inspector-General's Depart Mr. STEWART of New Jersey. I withdraw the suggestion. ment are placed at a great disadvantage in the absence of such a Mr. HULL. With reference to the paragraph just read by the provision as this. Clerk, beginning with line 14, the provision in line 20 for a suit Mr. DINGLEY. This is a departure, however,from the uniform of citizeru' outer clothing at a cost not exceeding 10 for each policy of the Government. prisoner under a court-martial sentence, is new legislation. 1\Ir. HULL. If an inspector, for instance, is sent from Wash The CHAIRMAN. The Clerk will proceed with the reading of ington to California to inspect a post, he has got to advance the the bill. money to take him there. The statement. of the Inspector-Gen The Clerk read as follows: eral was that they are in many cases poor men~ and have to bor For firin.g the morning and evening gun at military posts prescribed by row this money at high interest. Gen~ral Orders No. 70, Headquarters of the AI·my, dated July 231 1867, and at Mr. STEELE. In order to save time I will make the point of National Homes Disabled Volunteer Soldiers, including material for car order on the paragraph that it is new legislation. tridges, bags, etc., $20,000. The CHAIRMAN. The Chai.r sustains the point of order. Mr. HULL. That provision for the firing of the morning and The Clerk read as follows: evening guns at the National Homes for Disabled Volunteer Sol diers is new legislation. SUBSISTENCE DEPARTMENT. The Clerk read as follows: Subsistence of the Army-Purchase of subsistence supplies: For issue, as rations to troops, civil employees, when entitled thereto, hospital matrons, Manufacture, repairing, procuring, and issuing arms at the national armo general prisoners a.t posts, prisoners of war (including Indians held by the ries, $400,000: Provided, That this appropriation shall be applicable to the Army as prisoners, but for who~ subsistence appropriation is not otherwise manufacture of the magazine arm recommended for trial by the Board re made), estimated for the fiscal year on the basis of 9,74.8,230 rations; for sales cently in session, and approved by the Secretary of War. to officers and enlisted m en of the Army; for authorized issues of candles; for t oilet articles, barbers', laundry, and tailors' materials, for use of general Mr. HULL. I desire to offer an amendment to this part of the prisoners confined at military posts without pay or allowances, and recruits bill, after the word "Wru·/' line 21. at recruiting stationA, to be issued under regulations as prescribed by the This is an amendment that was left out in the preparation of Secretary of War; of matches for lighting public fires and lights at posts and stations and in the field; of flour used for paste in target practice; of salt and the bill. It is simply the same provision that has been enacted the vinegar for public animaL<>; of issues to Indians visitins- military posts, and last two Congresses and is recommended by the Chief of the Ord . to Indians employed with the Ann¥, without pay, as gmdes and scouts. For nance Bureau. payments: For meals for recrnitmg parties and recruits; for hot coffee, canned beef, and baked beans for troops traveling, when it is impracticable The Clerk read as follows: to cook their rations; for scales, weights, measures, utensils tools, stationery~ Pl·ovidedfurth e:~·, That not more than $00,000of the money appropriat ed for 3,000 cookbooks, blank books and forms, printing, advertising1 , commercial the Ordnance De:partment in all its branches shall be applied to the payment newspapers, use of telenhones, office furniture; for temporary buildings, of civilian clerks m said Department . cellars~ and other means· of protecting subsistence supplies (when not pro vided oy the Quartermaster's Department); for extra pay to enlisted men The amendment was agreed to. employed on extra duty in the Subsistence Department for periods of not The Clerk resumed and completed the reading of the bill. less than ten days, at rates fixed by law; for compensation of civilians em l\lr. HULL. Mr. Chairman, I move that the committee rise ployed in the Subsistence Department, not exceeding $100,000; and for other necessary expenses incident to the purchase, care, preservation, issue, sale, and report the bill back to the House with the amendments, and and accounting for subsistence supplies for the Army. For the payment of recommend that as amended it do pass. the regulat ion allowances for commutation in lieu of rations; to enlisted men :M:r. :MERCER. I wish to ask the gentleman from Iowa, the on fnrlough, to ordnance sergeants on duty at ungarrisoned posts, to enlisted men stationed at places where rations in kind can not be economically issued, chairman of the committee, if by that he means to conclude all to enlisted men traveling on detached duty when it is impracticable to carry action on this bill? rations of any kind, to enlisted men selected to contest for places or prizes Mr. HULL. That would conclude all action on the bill. in department and army rifle competitions while traveling to and froi!l_J>laces of contest; to be expended under the dh·ection of the Secretary of War; in Mr. MERCER. I have an amendment which I desire to offer, all, $1,650,000. on page 24. l\1r. HULL. We have passed page 24. The bill is finished. :Mr. HULL. In line 24 on page 10, commencing with the word Mr. :MERCER. I ask unanimous consent of the House to offer "for," down to and including the second line on page 11, pro the amendment. viding for the issue of toilet articles and so on for the use of pris Mr. HULL. Will the gentleman submit his amendment for oners, is new legislation. information? I should prefer to hear it before I consent to return l\Ir. PAYNE. How have these been provided for before? to that page. Mr. HULL. They were heretofore confined in the military Mr. :MERCER. I was busily engaged in writing the amend prison. But the military prison has been turned over to the De ment and did not know that we had got so far along with the bill. partment of Justice. This is necessary to provide for such ca-ses. My proposetl amendment is this: And then, on page 11, line 13, there is the insertion of 3,000 cook On page 4, line21, after the word "War," add: books, which I explained before. This is new legislation. "P1·ovided further, That so much of the above sum as may be n ecessary The CHAIRMAN. The Clerk will proceed with the reading of shall be expended by the Secretary of War for the purchase of cadet rifles to the bill. be supplied to boards of education or other proper authorities in cities where military instruction has been introduced in the public schools, on condition The Clerk read as follows: that such boards of education or other proper authorities shall furnish a good Clothing, and camp and garrison equipage: For cloth, woolens, materials, and sufficient bond., to be approved by the Secretary of War, for the care, a.nd for the manufacture of clothing for the Army, for issue and for sale at custody, and safe return of such cadet rifles." cost price accordlng to the Army Regulations; for altering and fitting cloth ing, and washing and clea~g whe~ I;~ecessary; f9r equipage_ and .f?r ex Mr. H1JLL. Mr. Chairman, as that would involve a large ex penses of pacld.ng and handling a.nd similar necessaries; for a smt of mtizens' penditure that the committee could not pass upon in the House outer clothing, to cost not exceeding $10, to be issued upon release from con without having a great deal more information, I shall have to finement to each l>risoner who has been confined under a court-martial sen· tence involving dishonorable discharge,$1,050,000. object to returning to that page, and insist upon my motion that the committee rise. The gentleman can have that proposition Mr. HULL. There is new legislation in this provision-that submitted in the Senate. relating to citizens' clothing for prisoners. Mr. :MERCER. Asking the indulgence of the committee, I Mr. STEWART of New Jersey. Before the gentleman proceeds have a proposition milder in form. I have a double-barreled shot will he allow me to make a suggestion to him? On page 18 of the gun here, Mr. Chairman. I have two amendments, and I desire bill, in line 6, the f0llowing paragraph occurs: to submit the second one to the gentleman's generosity. It is as Provided, That such compensation shall be computed upon the basis of the follows: tariff or lower special rates for like transportation performed for the public On page :U, line 21, after the word "war," add: at large, etc. "P1·ovidedjurther, That the Secretary of War shall distribute the discarded rifles, or so many thereof as may be necessary, among he boards of education I suggest to him that he strike out the word" tariff" where it or other proper authorities in cities where military instruction has been in· appears in this provision and insert ''charges." The use of the troduced on condition that an application therefor be made by such boards word tariff in this connection is a misuse of a well-understood of education or other lbroper authorities accompanied by a good and sufficient term. ~~ t~o t~ {fg;~;:!eJt ~~e~~I~~[.ff War for the care, custody, a.nd re· Mr. HULL. We have alreadypassed that provision of the bill. I do not know that there is any special objection to it. If the Mr. HULL. Mr. Chairman, I prefer to have the gentleman go gentleman asks unanimous coruent to go back, I shall not object, to the Senate with that. I shall have to insist on the motion that and let him take the sense of the committee on striking it out. the committee rise. It is late, and the Committee on Appropria Mr. STEWART of New Jersey. I ask unanimous consent that tions have a conference report which they wish to present. the word "tariff" be stricken out and "eharges" substituted. The CHAIRl\IAN. Objection being made to returning to this Mr. HULL. I do not consent to the amendment, Mr. Chair part of the bill, the Chair holds that the amendment is offered too man, but I have no objection to going. back. That word has stood late, and the question is on the motion of the gentleman from in the appropriation bills for a great many years, and jts meaning Iowa, that the committee rise. 1896. - CONGRESSIONAL. RECORD-HOUSE. 1951 The question was taken; and the Chairman announced that the On amendment numbered 26, the sum of $3,500 is appro~iated, instead of ayes seemed to have it. Ei.~~ ~~~~~~-by the Senate, for continuing the wor of the Puyallup Mr. MERCER. Division. On amendment numbered 31: Strikes out the provision proposed by the Mr. HULL. I hope the gentleman will notinsist on a division. Senate, directing the Auditor for the Interior De:eartment to state the account or·A. Wilson Norris, late pension agent at Philadelphia. Mr. MERCER. I withdraw my request. On amendment numbered 33, the Rum of $400,instead of $600, as proposed The motion was agreed to. by the House, and of $200, as proposed by the Senate, is appropriated for The committee accordingly rose; and the Speaker having re additional salary of the clerk in charge of accounts in the Department of Justice. - sumed the chair, Mr. DoLLIVER, Chairman of the Committee of J. G. CANNON, the Whole House on the state of the Union, reported that that com S. A. NORTHWAY, mittee, having had under consideration the bill (H. R. 5359) mak JOSEPH D. SAYERS, ing appropriations for t}le support of the Army for the fiscal year Managers on the part of the House. ending June-30, 1897, had directed him to report the same to the Mr. CANNON. Mr. Speaker, the reportbrieflystatestheresult House with sundry amendments, and with the recommendation of the conference. It is proper for me to add that, substantially, that as amended the bill do pass. the House conferees recommend a report that carries the Senate The amendments recommended by the committee were agreed to. amendments. I stated whe!l the Senate amendments were under The bill as amended was ordered to be engrossed and read a consideration before the House I apprehended that most, if not third time; and it was accordingly read the third time, and passed. all, of them a bounded in estimate. We found that to be the fact On motion of Mr. HULL, a motion to reconsider the last vote when we met the Senate conferees. In other words, we found was laid on the table. that after the urgent deficiency bill had been considered in the House and had passed the House the Executive Departments for URGE.!.~ DEFICIENCY APPROPRIATION BILL. warded additional estimates for the service of the current year Mr. CANNON. Mr. Speaker, I present a conference report. and deficiencies for past years that increased the bill as indicated. The SPEAKER. '!'he gentleman from lllinois, chairman of the As the money was either due or necessary to carry on the Govern Committee on Appropriations, presents a conference report, which ment, the House conferees recommend that the House accede in the Clerk will report to the House. the main to the Senate amendments, with the exceptions we have The Clerk read as follows: indicated in the report. I want at this time to protest that it seems to me that it is the duty of those who submit estimates The committee of conference on the disagreeing votes of the two Houses on certain amendments of the Senate to the bill (H. R. ~l) making appropria connected with the Administration to obey the law and submit tions to supply urgent deficiencies in the appropriations for the fiscal year them as the law requires them to submit them, in ample time, so ending June 30,1896, and for other purposes, having met, after full and free that they may receive consideration before the body that prepares conference have agreed to recommend and do recommend to their respec tive Houses as follows: general appropriation bills. . That the Senate recede from its amendments numbered 5, 6, 15, 20, and 31. Mr. SAYERS. 1\fr. Speaker, just a few words. I desire very That the House recede from its disagreement to the amendment'> of the briefly to call the attention of the House to the fact that in this Senate numbered 9, 11, 12, 13, 14, 18, 19,21,22,24,25,27,28, 29, 30,~,35,36, 3'7,38,39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, and 62, and agree bill there are carried many items whkh, properly speaking, are to the same. not deficiencies. Three items aggregate 8830,000, and neither one That the Senate recede from its disagreement to the amendment of the of them can be considered as a deficiency. I, however, fully con House to the amendment of the Senate numbered 4, and agree to the same. That the House recede from its disagreement to the amendment of the cur in the report which has just been read and in what has been Senate numbered 16, and agree to the same with an amendment as follows: said by the gentleman from Illinois. They are very proper and In lieu of the matter inserted by said amendment insert the following: very necessary appropriations; but at the same time they are not "To open Jupiter Inlet, in Florida, for the passage of boats and small ves sels, to be expended under the direction of the Chief of Engineers, $500." deficiencies. For instance, an appropriation of $300,000 for print,. And the Senate agree to the same. ing the Agricultural Report for 1894 is an unusual appropriation. That the House recede from its disagreement to the amendment of the In the last session of the last Congress an appropriation of Senate numbered 17, and agree to the same with an amendment as follows: $300,000 was made for printing the Agricnltn.ral Report for 1894; In lieu of the sum proposed in said amendment insert "$25,000 "; and the Senate agree to the same. and there was no estimate to that Congress fo~ printing the report That the House recede from its disagreement to the amendment of the of 1895. This is the first time, with the exception of one other in Senate numbered 23 and agree to the same with an amendment as follows: stance some years ago, where a Congress had failed to make any In lieu of the sum proposed in said amendment insert "$9,000" ; and the Senate agree to the same. appropriation at all for the purpose, where we will have two ap That the House recede from its disagreement to the amendment of the propriations for printing two Agricultural Reports at the same Senate numbered 26, and ~ee to the same with an amendment as follows: session of Congress. The 1·eason for this appropriation is that it In lieu of the sum proposed m said amendment insert "$3,500"; and the Sen ate agree to the same. will enable the Public Printer to get out the Agricultural Report That the House recede from its disagreement to the amendment of the for 1895 about the month of June instead of in October or N ovem Senate numbered 33, and agree to the same with an amendment as follows: ber. I therefore concur in it, although it is not properly a de In lieu of the sum propo ed in the amended paragraph insert '' $400 ''; and the Senate agree to the same. ficiency appropriation. There is ·another appropriation-for Brooklyn dockyard, $50,- ~:~:g~¥~AY 000-which is not a deficiency. It is an appropriation to enable JOSEPH D. SAYERS. Managers on the part of the House. the Secretary of the Navy to amend a contract which has already been entered into and which if executed would not require an EUGENE HALE, W. B. ALLISON, additional appropriation. I have recognized the importance of F. M. COCKRELL, this appropriation and have agreed to it, and think that the House Managers on the part of the Senate. a1so ought to agree to it. For the Library of Congress building we have an appropria The SPEAKER. The Clerk will· report the statement of the tion of $480,000. The officer in charge of the construction of this House conferees. building says that not one penny of this money will be expended The Clerk read as follows: during the present fiscal year, and that the appropriation made · The managers on the part of the House of the conference on the disagree by the last Congress will not be entirely expended before July 1 ing votes of the two Houses on the amendments of the Senate to the urgent next; but either this appropriation should be made or authority deficiency appropriation bill (H. R. 4321) submit the following written state should be given to him to contract in order that the building may ment in explanation of the effect of the action agreed upon and recommended be entirely completed and turned over to Congress in February next. in the accompanying conference report: The bill as finally agreed upon aF-_:p!'opriates $6,305,436.52, being $1,884,003.91 If this appropriation should be delayed until the passage of the more than as it passed the House; PJU,OOO of which sum, however, was added sundry civil bill, upon which it would regularly appear, then the by the House when the bill was last under consideration, for the publication building would not be completed until some time in the coming of the Agricultural Report for 1895. All of the amendments are agreed to without change, except the following: spring or summer. On amendment numbered 5, ~.000 is appropriated, as proposed by the I have called the attention of the House to these particular items, House, instead of $25,000, as proposed by the Senate), to complete the survey in order that no one might think that this very large urgent de of the international boundary between the United ::;tates and Mexico. On amendment numbered 6, the appropriation of $10,000 proposed by the ficiency bill is a result of any dereliction on the part of last Con Senate for the publication of the report of Dr. E. A. Mearns on the natural gress to make the necessary appropriations. My judgment is, as history of the region covered by the boundary survey between the United I have heretofore stated, that there will upon the whole be smaller States and Mexico is stricken out. On amendment numbered 15, the appropriation of $7,000 proposed by the appropriations for deficiencies at this session of Congress than for Senate for completing the improvement of roads owned by the United States many years past. There are other appropriations in the bill which -.t Antietam is stricken out. are not deficiencies, but I will not delay the House further by ' On amendment numbered 17, the sum of $2-5,000 instead of $30 000, as pro posed by the Senate, is given for the purchase of horses for caval.ry and ar reference to them. tillery for the Army. Mr. ALLEN of Utah. May I ask the gentleman a question? ' On amendment numbered 20: Strikes qut the appropriation of $4,000 pro Mr. CANNON. I will yield to the gentleman in a moment. I ;posed by the Senate for coaling shed at the naval station at Key West, Fla. desire to say that the gentleman from Texas and myself do not On ~endment numbered 23, the sum of $9,000 is appropriated, instead of $10.~,. as proposed by the Senate, fur work a.t the Capitol and general re disagree about it being necessary for the public service at thil pairs thereof. time to make these appropriations. • 1952 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 19, Mr. SAYERS. Not at all. We are in entire harmony as to of conference, the managers on the part of the House as well as their necessity. those on the part of the Senate, that there was equity in his claim. Mr. CANNON. That is all I desire to say about that, except as Therefore we recommend concurrence substantially in the Senate to the Agricultural Report. The sundry civil appropriation bill for proVision, and the provision as recommended by the committee of. the current year for the first time carries the appropriation for conference leaves the report of the director-general in the hands the Agricultural Report-the publication thereof, of 1894. That of the Joint Committee on Printing. was made necessary by the passage of the Richardson printing act. Now, let me go one step further. The president of the national Prior to that time every appropriation of that kind was by joint commission has not yet made any report. We looked into that resolution reported from the Committee on Printing. Butforthe just far enough to ascertain that there is a great mass of undi· change of that law it would not be necessary to have it come upon gested material, covering, particularly, I presume, the action of .the sundry civil bill. The report for 1894 has been published. Now the board of awards, material which has :Q.Ot been edited, although this item comes upon this deficiency bill because of the Richard there was nearly $2,000 advanced for editing it; and we recom· son printing act which provides for the publication-a fixed law mend the payment of that. The women's commission (if that is of the Agricultural and other departmental reports. If that law the correct name of it), headed by Mrs. Palmer, has not yet made had not passed, why then, following the usual course, this appro a report, but we understand in a general way that there is priation ought to have been made, and would have been made, by sufficient appropriation to that board to enable it to make a a separate joint resolution covering one item. report. Mr. RICHARDSON. Mr. Speaker- Now, my own belief is, from such representations as have been Mr. SAYERS. Just one moment. Mr. Speaker, I think either made to me, that the report of the director-general, covering the the gentleman from lllinois misunderetood what I said or that he matters that it does, is in very good shape. We do not authorize has not retained in his recollection the appropriations made here any publication of the report. We only provide for reimburse tofore for the publication of the Agricultural Report. The fact ment of the director-general by this appropriation, and leave his that I desired to impress upon the House was thi<:~: That until, I report in the possession of the Joint Committee on Printing of the believe, the first session of the Fifty-first Congress, there never House and the Senate, expecting and hoping that later all the mate have been two appropriations, either by joint resolution or upon rial will come into possession of that joint committee, upon which appropriation bills, for the publication of Agricultural Reports at are found as members the gentleman from Iowa, Mr. PERKINS, the any one session of Congress, and two appropriations were then gentleman from Tennessee, Mr. RICHARDSON, and one other mem made only because at the last session of the Fiftieth Congress ber of the House, and Senator HALE in the Senate. Knowing there was a failure to make any appropriation at all for the pur these to be industrious gentlemen and quite competent, we hope pose. There was, as I have said, an appropriation for the publi and expect that such steps will be taken as will lead to the full cation of the Agricultm·al Report at the last session of the last examination of the report of the director-general and a full in Congress, and it was carried, as stated by the gentleman from quiry as to the material that exists elsewhere, and will finally lead lllinois, upon the sundry civil bill. · to an intelligent editing of a report, doing justice to everybody, Now, the Public Printer comes to Congress and says: "If you care being taken that there shall be no duplications in the report, will give the appropriation for 1895 at this time, instead of waiting having regard also to the number of volumes that ought to be for the sundry civil bill, I shall be able to give you the Agricul published and what the report ought to contain. tural Report for 1895 in June, instead of in October or November Mr. SAYERS. Will my friend allowmeamomentrightthere? next." I wish to supplement what he has said, possiblybyrestatingwhat Mr. CANNON. There is, as I understand it, substantially no he has already said, by remarking that the only thing that has disagreement between the gentleman from Texas and myself? been done by the committee of conference in this matter has been Mr. SAYERS. None at all. to provide for repaying the director-general moneys that he has Mr. CANNON. I will state again that the Agricultural Report absolutely expended and for receiving his work and transmitting for 1894 was printed by virtue of an item in the sundry civil bill it to the Joint Committee on Printing, leaving that committee to instead of, as theretofore, byauthorityof a joint resolution reported make such adjustment between the different parties as· to th~ from the Committee on Printing. Now, the report of 1895 dwells preparation of the final report and for its publication as in their in this deficiency bill instead of dwelling in a separate joint reso wisdom may seem proper. lution. Mr. CANNON. And the gentleman might add, expecting that Mr. RICHARDSON. Inasmuch as the gentleman has referred that committee later on, after they have looked into the matter, to the printing bill, I wish he would state to the House that there will originate and submit for the consideration of the House and is no increase in the amount of the appropriation by reason of the the Senate such recommendations with reference to legislation change. and appropriation as they may deem proper. . Mr.CANNON. Noneatall. Mr. ALLEN of Utah ;rose . Mr. RICHARDSON. And that the amount is identically the Mr. CANNON. I yield to the gentleman from Utah five or ten same in this bill as it would be in the other. minutes, or any reasonable time he may desire. Mr. CANNON. Certainly. It is fixed by law. Mr. ALLEN of Utah. Mr. Speaker, I do not wish to detain the Mr. ALLEN of Utah. Mr. Speaker, when this bill came from House any great length of time, and I have not the temerity to the Senate, I asked the chairman of the committee about item No. suppose that what I shall say will make any difference as to the 11. I wish to inquire now whether the committee of conference adoption or rejection of this report. 1 do not mean to cast any inquired into facts relating to that matter, as to whether there reflection upon either the director-general of the Columbian Ex port had been made in due form, by due authority, and according position or upon the committee that has reported in favor of this tO law. My information is that it has not been so made, and I appropriation. But I do submit, after the labored explanations ask the chairman of the conference committee now whether that if I may use the expression-of my eminent friend, I can not see particular item was inquired into by his committee? that there is any reason for permitting this appropriation to be . Mr. CANNON. In answer to the gentleman I have to state made at this time. that upon inquiry we found that the money that was appropri The subject has not been before this body or any of its standing ated for the national commission, and was intended in part to committees. It has not been before any committee of the House, cover the making of the report, had been used in paying the ex so that it could be fully investigated, and from the explanation pense of bringing the commission together, which cost some we have it is evident that here is a report upon an exposition held thing over $20,000, and that, so far as the report was concerned, under the authority of the United States which js not authorita no money was left to pay for it. There was no means of calling tive. It has not stamped upon it the authority of anybody. Yet the commission together again, because there was no money to pay if this appropriation be made and this report gets into the hands the members for coming together. We found that the director of the Printing Committee it becomes authoritative; it will be general eighteen months ago, with this condition of things exist printed and put forth as embodying theviewsof that commission ing and the law making it his duty to make a report, went to work when it does not contain their views, so far as we know, but sim and spent a year and a half upon it, calling to his assistance such ply the views of the director-general of the commission. As I am aid as was necessary. informed-! have not been able to see the report-it is not ev"en Counting his own pay at $5,000 a yea.r, the eighteen months signed. It has not been put forth bytheauthority of the commis made $7,500, which is paid him by this appropriation, and the com sion, yet under these circumstances we are asked to appropriate mittee ascertained that the balance, to make the $18,000, was actu money to its author. · I submit that this matter ought to be fully ally paid out for clerical assistance. This report of the director investigated, and before we make an appropriation of more than general had not been delivered to anybody, because there was no $18,000 to pay for this work we ought to be in a position to know bOdy to deliverit to. Thecommitteeon the part of the Senate, and what it is and by whose authority it has been made. the House committee also, examined into the matter far enough to Mr. CANNON. Now, Mr. Speaker, a word in reply. The be satisfied that the director-general had honestly and intelligently gentleman is mistaken when he speaks of this matter not having made this expenditure,-and he desired to make some disposition been before any committee of this Honse. It was before the of the report and to be reimbursed. It seemed to the committee Committee on Appropriations when the Senate amenQ.ments W&'8 • 1896. CONGRESSIONAL RECORD-HOUSE. 1953 referred. It was considered in the House by unanimous consent HOUSE BILLS WITH SENATE AMENDMENTS REFERRED. when we acted on the question of nonconcurrence. It wa.s Under clause 2 of Rule XXIV, the following bills with Senate considered as fully as was practicable in the committee of con amendments were taken from the Speaker's table and referred by ference, the result of whose deliberations has been given to the the Speaker as follows: House. A bill (H. R. 3527) making appropriations for the payment of The gentleman speaks of my "labot:ed exp~anati~n." Well,_sir, invalid and other pensions of the United States for the fiscal year' I have at times worked harder than m making this explanation. ending June 30, 1897, and for other purposes-to the Committee on The gentleman says that this report of the director-general was not Appropriations. made to the national commission, and that it is without authority. A bill (H. R. 4043) making appropriations for the support of the I admit that it was not made to the national commission; and I Military Academy for the fiscal year ending June 30, 1897-to the think I have progressed far enough to be certain that there never Committee on Military Affairs. will be a report made by the director-general or anybody else to the national commission. That commission is functus officio, unless LEAVE OF ABSENCE. Congress should breathe the breath of life int-o it and eall its mem By unanimous consent, leave of absence was granted as follows: bers from various points throughout the length and breadth of To Mr. TRACEY, for eight days. the land-! will not say as the prophet, by breathing upon them, To Mr. ARNOLD of Pennsylvania, for one week, on account of called the dry bones together in the valley. But after all, while sickness. that required the spirit of the Lord, Congress can not call the na To Mr. PRICE, for ten days, on account of important business. tional commission together without an expenditure of$20,000, and To Mr. BISHOP, for one week, on account of important business. I believe I know that an expenditure of $20,000 for that purpose would be thrown away. A. H. M'LAWS. The exposition hasbeenheld. Itwasamagnificentsuc~s. It Mr. TURNER of Georgia. Mr. Speaker, I ask unanimous con has passed into history. The report should be made. The duector sent for the present consideration of the bill (H. R. 5083) granting general has made this expe_nditure, and we believe h_a~ wisely made an increase of pension to A. H. McLaws. it; and he ought to be rermbursed. By the proviSIOn now sub The SPEAKER. The bill will be read. mitted we lodge this report with the Joint Committee on Printing, The bill was read, as follows: as I have already explained, that that committee may take it, Be it enacted, etc., That the Secretary of the Interior be, and is hereby, au examine it, go into the whole question of preparing these reports thorized ann directed to increase the pension of A.. H. McLaws, of Dublin, Ga., for publication, for the proper editing of the same. That com late second lieutenant in Captain Dill's Company (B), First Georgia Regiment, mittee, after an examination which is in their line and which I Mexican war, to $50 per month. have no doubt they will take the time to make, will report to this House, I believe, such apt provision as will give us a reliable report Mr. TURNER of Georgia. The Committee on Pensions recom of that exposition and an economical one. mend an amendment striking out "fifty" and inserting in lieu Mr. ALLEN of Utah. May I ask the gentleman one question? thereof "twenty." Mr. CANNON. I yield with pleasure. The SPEAKER. Is there objection to the present consideration of the bill? Mr. ALLEN of Utah. As I understand, the gentleman's posi Mr. PICKLER. Has this bill been reported by the Committee tion is that the Committee on Printing of this House can properly on Pensions? edit this report of the Columbian Exposition? Mr. TURNER of Georgia. Yes; unanimously reported by the Mr. CANNON. Inmy judgmentthejointCommitteeon Print committee. ing, with this report of the director-general and with such other There being no objection, the bill was considered, the amend information as it may be able to obtain, can devise a scheme that ment recommended by the committee was agreed to, and the bill will bring about a proper report, can tell us how much it will cost as amended ordered to be engrossed and read a third time; and and how large it ought to be. being engrossed, it was accordingly read the third time, and Mr. WILLIAM A. STONE. Is it understood that this confer passed. ence report proposes an appropriation for the printing of this re- On motion of Mr. TURNER of Geor~a, a motion to reconsider the last vote was laid on the table. port? h'IS · t• · 1 to · Mr. CANNON. Oh, no; t appropr1a 10n 1s mere y rerm- And then~ on motion of Mr. CANNON (at 4 o'clock and 56 min burse the director-general $18,000. utes p. m), the House adjourned. Mr. WILLIAM A. STONE. Then, as I understand, this is a matter about which there is nothing in dispute-as to which there is no issue here. Mr. RICHARDSON. I would like to ask the gentleman from EXECUTIVE COMMUNICATIONS, ETC. lllinois, with his long experience and great abitity in these mat Under clause 2 of Rule XXIV, the following executive commu ters, if he would venture to offer a word of suggestion or advice nications were taken from the Speaker's table and referred as to the Joint Committee on Printing as to how far they might go follows: in their recommendations on this subject? A letter from the Secretary of the Treasury, transmitting the Mr. SAYERS. The committee would probably resent the giv draft of a bill for the protection of the salmon fisheries of Alaska, ing of such advice by anyone. The gentleman from illinois with recommendations relating thereto-to the Committee on the should beware. [Laughter.] Territories, and ordered to be printed. Mr. RICHARDSON. No; they would not resent it when it is A letter from the president of the Metropolitan Railroad Com . called for, and I ask the gentleman for his suggestion. pany, transmitting a statement of the receipts and disbursements Mr. CANNON. The gentleman from Tennessee has long been for the year ended June 30, 1895-to the Committee on the Dis a member of the Joint Committee on Printing, and the House is trict of Columbia, and ordered to be printed. well aware of his ability and recognizes him as a practical man of great industry, and I have also before me the gentleman from Iowa fMr. PERKINS], who is the chairman of that committee, REPORTS OF CO:M:l\!ITTEES ON PUBLIC BILLS AND whose 1ife has been largely spent in publishing and kindred pur RESOLUTIONS. suits, and in whose intelligence and industry we all have full con Under clause 2 of Rule Xlll, bills and resolutions were severally fidence, and with these gentlemen I am satisfied that the investi reported from committees, delivered to the Clerk, and referred to gation will be in proper and safe hands, and am willing therE~ to the several Calendars therein named, as follows: leave it. Mr. RICHARDSON, from the Committee on the Distl·ict of Mr. STEELE. Before the gentleman from illinois takes his Columbia, to which was referred the bill of the House (H.R. 3281) seat I hope he will give us the name of the prophet that called to authorize reassessments for improvements and general taxes in the " dry bones" together. [Laughter.] the District of Columbia, and for other pm·poses, reported the same Mr. CANNON. Well, I will have that part of my remarks with amendment, accompanied by a report (No. 430); which said edited by my eminent theological friend from Indiana. [Re bill and report were referred to the House Calendar. newed laughter.] Mr. THOMAS, from the Committee on Expenditures in theNavy Mr. PICKLER. Iwouldliketo ask the gentleman from illinois Department, to which was referred the bill of the House (H. R. with reference to the small item for deputy surveyors in the bill 4179) to amend section 3719 of the Revised Statutes, reported the did that remain in with the conference committee? same without amendment, accompanied by a report (No. 431); Mr. CANNON. I think it remained in the bill. which said bill and reportwere referred to the House Calendar. I now ask a vQte on the adoption of the conference report. Mr. FENTON,fromtheCommitteeonMilitary Affairs, towhich The conference report was agreed to. was referred the bill of the House (H. R. 4575) to amend chapter On motion of Mr. CANNON, a motion to reconsider the last 67, volume 23, of the Statutes at Large of the United States, re- vote wa.s laid on the table. ported the same without amendment, accompanied by a 1epon XXVIII-123 • 1954 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 19, (No. 440); which said bill and report were referred to the Com and assembly 'Of the State of NewJersey,relativetothe passage of mittee of the Whole House on the state of the Union. a bill by- Congress to establish a military and national park upon Mr. DALZELL, from the Committee on Ways and Means, to the Palisades of the Hudson-to the Committee on :Military Affairs. which was referred the bill of the House (H. R. 1972) in aid of the ~Y Mr. _GROSVENOR: Resolution of ~h-e ge_neral assembly of exposition to be held under the auspices of the Baltimot·e Centen Ohio, asking Congress to take steps to relieve the suffering of the nial Association, and for other purposes, reported the same with Armenians-to the Committee on Foreign Affairs. amendment, accompanied by a report (No. 441); which said bill and report were referred to the Committee of the Whole House on the state of the Union. CHANGE OF REFERENCE. Mr. SHERMAN, from the Committee on Interstate and Foreign Commerce, to which was referred the bill of the Senate (S. 176) Under clause 2 of Rule XXII, committees were discharged from to provide for the construction of a memorial bridge across the the consideration of the following bills, which were referred aa Potomac River, reported the same with amendment, accompanied follows: by a report '(No. 445); which said bill and report were referred to The bill (H. R.1514) for the relief of Richmond College,looated the Committee of the Whole House on the state of the Union. at Richmond, Va.-Committee on Claims discharged, and refetTed Mr. GILLETT of Massachusetts, from the Committee on the to the Committee on War Claims. Judiciary, to which was referred a House document {No. 90), r~r The bill (H. R. 5932) for the relief of Mrs. Sarah H. Wood ported in lieu thereof the bill (H. R. 6345) to establish a criminal Committee on Claims discharged, and referred to the Committee jurisdiction over places ceded to the United States for certain pur on War Claims. poses, accompanied by a report (No. 446) ; which said bill and r~r The bill (H. R. 4953) to grant a pension to John Thurston, of port were referred to the House Calendar. Island Pond, Vt.-Uommittee on Invalid Pensions discharged, and Mr. CURTIS of Iowa, from the Committee on th-e District of referred to the Committee on P ensions. Columbia, to which was referred the bill of the House (H. R. 3462) Papers to accompanY. House bill No. 4380, in relation to the pen to regulate the business of storage in the District of Columbia, sion of Margaret Hawthorn-Committee on Invalid Pensions reported the same with amendment, accompanied by a report discharged, and referred to the Committee on Pensions. (No. 447); which said bill and t·eport were referred to the House Affidavit to accompany House bill No. 5349, In re John Calendar. Lavigne-Committee on Invalid Pensions discharged, and referred to the Committee on MHitary Affairs. Petition to accompany House bill No. 5148, praying for the REPORTS OF COMMITTEES ON PRIVATE BILLS. passage of the bill to increase the pension of David Matlock Committee on Invalid Pensions discharged, and referred to the Under clause 2 of Rule XIII, private bills and resolutions were Committee on Pensions. severally reported from committees, delivered to the Clerk, and Papers to accompany House bill No. 5451, granting a pension to referred to the Committee of the Whole House, as follows: James C. Bricklay-Committee on Invalid Pensions discharged, By Mr. CUMMINGS, from the Committee on Naval Affairs: The and referred to the Committee on Military Affairs. bill (H. R. 2331) for the relief of Pay Inspector John H. Stevenson. Resolution of the Merchants and Manufacturers' Association of (Report No. 432.) Milwaukee, Wis., favoring the passage of a bankruptcy law By Mr. CROWTHER, from the Committ€e on Invalid Pensions: Committee on Banking and Currency discharged, and refened to The bill (H. R. 2844) granting a pension to Martha MeNeil. (Re the Committee on the Judiciary. port No. 433.) · Resolution of the Paint~ Oil, and Varnish Club, for the passage By Mr. ERDMAN, from the Committee on Invalid Pensions: of a general bankruptcy bill-Committee on Banking and Cur The bill (H. R. 1734) to increase the pension of Ann Catherine rency discharged, and referred to the Committee on the Judiciary. Hull. (Report No. 434.) Resolutions adopted by the Paint, Oil, and Varnish Club of By Mr. LAYTON, n·om the Committee on Invalid Pensions: The New York, N.Y., in.favor of the passage of a bankruptcy law bill (H. R. 1261) for the relief of John Kehl and to restore him to Committee on Banking and Currency discharged, and referred to his former rating. (Report No. 435.) the Committee on the Judiciary. By Mr. WOOD, from the Committee on Invalid Pensions: The The bill (H. R. 5425) to grant a pension to Charlotte 0. Van bill (H. R. 3937) grantingapension toMiriam V. K enney, widow Cleve, widow of Gen. Horatio P. Van Cleve-Committee on Mili of Samuel W. Kenney. (Report No. 436.) tary Affairs discharged, and referred to the Committee on Pen By Mr. POOLE, from the Committee on Invalid Pensions: The sions. bill (H. R. 75) granting a pension to Mary F. Davenport . (R~r Resolution of Manufacturers' Club of Philadelphia, Pa., pray port No. 437.) ing for appropriations for protection of seacoast towns-Commit By Mr. SULLOWAY, from the Committee on Invalid Pensions: tee on Military Affairs discharged, and refen·ed to the Committee The bill (H. R. 1299) to pension Harriet Woodbury, of Windsor, on Appropriations. Vt. (Report No. 438.) By Mr. OTJEN, from the Committee on War Claims: The bill (H. R. 6210) for the relief of the heirs of Asa Chilson, deceased. PRIVATE BILLS, ETC. (Report No. 439.) Under clause 1 of Rule XXII, private bills of the follovring By Mr. COFFIN, f1·om the Committee on Pensions: The bill titles were presented and referred as follows: (H. R. 4913) granting a pension to Mrs. Mary E. Wyse, widow of By Mr. ALDRICH: A bill (H. R. 6310) for the relief of Benja Lieut. Col. F. 0. Wyse. (Report No. 443.) min Evans-to the Committee on Naval Affairs. By Mr. :McCLELLAN, from the Committee on Invalid Pensions: By Mr. A VERY: A bill (H. R. 6311) for the relief of Elindsley . The bill (H. R. 4383) granting a pension to Gen. William H. Morris. W. Murray-to the Committee on Military Affairs. (Report No. 444.) Also a bill (H. R. 6312) to grant a pension to Mrs. Eliza Whit • ney-to the Committee on Invalid Pensions. PUBLIC BILLS, MEMORIALS, AND RESOLUTIONS. By :Mr. BROWN: A bill (H. R. 6313) for relief of Frank John son,ofWhiteCounty, Tenn.-totheCommitteeonl\Hlitary Affairs. Under clause 3 of Rule XXII, bills, resolutions, and memorials By Mr. BERRY: A bill (H.R. 6314) for the relief of Henry of the following titles were introduced and severally referred as Cook, of Covington, Ky.-to the Committee on Invalid Pensions. follows: . By Mr. COX: A bill (H. R. 6315) for relief of Clarence W. By Mr. HALL: A bill (H. R. 6307) -to amend section 4 of the act Turner and Pleasant Porter-to the Committee on Claims. approved March 2, 1895, being an act amendatory of an act with Also, a bill (H. R. 6316) for the relief of John D. Reed, admin reference to the postal service-to the Committee on the Post istrator of J. P. C. Reed, deceased-to the Committee on War Office and Post-Roads. Claims. By Mr. HARTMAN: A bill (H.R.6308) to amend an a.ct enti By Mr. DANFORD: A bill (H. R. 6317) for the relief of 1\Iar tled ''An act making appropriations for sundry civil expenses of garet Davis-to the Committee on Invalid Pensions. the Government for the fiscal year ending June 30, 1896, and for By l\Ir. FARIS: A bill (H. R. 6318) for the relief of the heirs of other purposes," approved March 2, 1895-to the Committee on David B. Sanders, deceased-to the Committee on War Claims. Public Buildings and Grounds. By Mr. GILLETT of Massachusetts: A bill (H. R. 6319) grant By Mr. FLYNN: A bill (H. R. 6309) to provide further secu ing increase of pension to Alfred P. Buss-to the Committee on rity to persons and property in the Indian Territory, and for other Invalid Pensions. purposes-to the Committee on Indian Affairs. By Mr. HEMENWAY: A bill (H. R. 6320) granting a pension .By Mr. BARRETT: A joint resolution (H. Res.124) relating to to John M. Killian-to the Committee on Pensions. printing additional copies of the Official Records of theNavy dur By Mr. HITT: A bill (H. R. 6321) granting an increase of pe-n mg the war of the rebellion-to the Committee on Printing. sion to Cynthia J. Capron-to the Committee on Invalid Pensions. By 1\Ir. STEWART of New Jersey; A memorial of the senate By Mr. HOOKER; A bill (H. R. 6322) granting a pension to • 1896, CONGRESSIONAL RECORD-HOUSE. 1955 Maria Ha11 1 dependent daughter of Asa Hall-to the Conimittee By Mr. ARNOLD of Pennsylvania: Petition of 328 citizens of on Pensions. Clearfield County; also, petition of 312 citizens of Center County; By Mr. RULING: A bill (H. R. 6323) for the relief of Gauley also, petition of 177 citizens of Clarion County and 64 citizens of Bridge Baptist Church, of Fayette County, W. Va.~to the Com Elk County, State of Pennsylvania, for the passage of the Stone mittee on War Claims. immigration bill-to the Committee on Immigration and Natu Also, a bill (H. R. G324) for the relief of the trustees of St. Ma1·k's ralization. Protestant Episcopal Church at Coalsmouth, Kanawha County, Also, petition of 125 citizens of Osceola Mills, Pa., praying for W. Va.-to the Committee on War Claims. . constitutionalamendmentprohibiting appropriationsforsectarian By·Mr. JOY: A bill (H. R. 6325) for the relief of Eliza Dicker purposes-to the Committee on the Judiciary. hoff, widow of Louis Dickerhoff, deceased, of Company A, Cape By Mr. ALDRICH: Papers to accompany House bill No. 6301, Girardeau (Mo.) Home Guards-to the Committee on Pensions. for the relief of Benjamin Evans-to the Committee on Naval By Mr. LEWIS: A bill (H. R. 6326) to increase the pension of Affairs. Berry C. Craddock-to the Committee on Invalid Pensions. By Mr. BARRETT: Petition of Henry B. Williams and others, Also, a bill (H. R. 6327) granting a pension to Mrs. N. A. D. of Newton, Mass., for the pa-ssage of House bill No. 2626, for the Biggers-to the Committee on Invalid Pensions. protection of agricultural staples by an export bounty-to the By Mr. BRODERICK: A bill (H. R. 6328) granting a pension to Committee on Ways and Means. Joseph R. Martin-to the Committee on Invalid Pensions. Also, resolutions of the Massachusetts Horticultural Society, in Also, a bill (H. R. 6329) granting a pension to Charles H. Oar relation to the distribution of seeds-to tha Committee on Agri low-to the Committee on Invalid Pensions. culture. By Mr. LEWIS: A bill (H. R. 6330) to remove charge of deser By Mr. BARTHOLDT: Petition of the St. Louis Paint, Oil, and tion against W. B. Summers-to the Committee on Military Affairs. Drug Club, in favor of the passage of House bill No. 2779-to the By. Mr. Jl.1cCALL of Tennessee: A bill (H. R. 6331) for relief of Committee on Interstate and Foreign Commerce. Alfred A. Brooks-to the Committee on Invalid Pensions. By Mr. BLACK of New York: Petition of General Logan Post, By Mr. MEREDITH: A bill (H. R. 6332) for the relief of the Grand Army of the Republic, of Chatham, N.Y., asking for pas personal representative of William C. Stribling-to the Committee sage of pension bill for veterans of more than ninety days' service on War Claims. to the Committee on Invalid Pensions. By Mr. MILNES: A bill (H. R. 6333) for the relief of Jonathan Also, petition of Henry H. Darling, Bro. & Co. and other job T. Knapp-to the Committee on Military Affairs. bers of Troy, N.Y., against proposed duty on tea-to the Com By Mr. MOODY: A bill (H. R. 6334) granting a pension to mittee on Ways and Means. George William Hodgdon-to the Committee on Invalid Pensions. By Mr. BROSIUS: Resolutions of mass meeting at Lancaster, By Mr. PENDLETON: A bill (H. R. 6335) to pay the adminis Pa., asking that the age of consent be raised in the District of Co trator of the estate of Bluford West, deceased, for the Bluford lumbia; also, for a Territorial divorce law-to the Committee on West Saline, in Cherokee Nation-to the Committee on Indian the Judiciary. Affairs. Also, resolutions of a mass meeting at Lancaster, for industrial By Mr. RAY: A bill (H. R. 6336) granting a pension to Lucy arbitration and the Phillips labor bill-to the Committee on D. Heady, widow of Henry Heady, late Company F, Eighty-ninth Labor. .... New York Volunteers-to the Committee on Invalid Pensions. Also, resolution of mass meeting at Lancaster, in favor of a By Mr. SMITH of Michigan: A bill (H. R. 6337) for the relief of Sunday-rest law and a compulsory education law in the District M. H. McCoy-to the Committee on Claims. of Columbia-to the Committee on the District of Columbia. Also, a bill (H. R. 6338) granting a pension toR. Randall-to Also, protest of citizens of Adamstown, Pa., against the sec the Committee on Invalid Pensions. tarian appropriations of the Indian appTopriation bill, together Also, a bill (H. R. 6339) granting a pension to Thomas J. Keyes with a petition urging the passage of proposed amendment to the to the Committee on Invalid Pensions. Constitution of the United States-to the Committee on the Ju Also, a bill (H. R. 6340) for the relief of Richa1·d Bruner-to diciary. the Committee on Invalid Pensions. Also, petition of citizens of Lititz, Pa., in favor of amending By Mr. CHARLES W. STONE: A bill (H. R. 6341) for there the preamble to the Constitution of the United States-to the lief of J. W. Searles-to the Committee on Claims. Committee on the Judiciary. By Mr. SULZER: A bill (H. R, 6342) for the relief of William By Mr. BROWN: Petition of various churches of Decherd, Thorpe, trustee-to the Committee on Claims. Tenn., for the relief of book agents of the Methodist Episcopal By Mr. TAFT (by request): A bill (H. R. 6343) to appoint Samuel Church South-to the Committee on \Var Claims. Bickerstaff to the United States Navy as chief engineer, and to Also, papers to accompany House bill relating to the ca-se of place his name on the retired list-to the Committee on Naval Frank Johnson, White County, Tenn.-to the Committee on Mili Affairs. tary Affairs. By Mr. WOOMER: A bill (H. R. 6344) for the relief of Michael By Mr. COOK of Wisconsin: Petition of N. Simons & Co., of J. Fitzgerald-to the Committee on War Claims. Neenah, Wis., and W. F. Abrahams, of Mobile, Ala., together By 1\-Ir. ALLEN of Mississippi: A bill (H. R. 6346) for the relief with memorials containing the names of 478 citizens of the city of :M:rs. Sarah M. Ozborn-to the Committee on Invalid Pensions. of Mobile, Ala., the cities of Neenah and Menasha, and the towns By Mr. GROW: A bill (H. R 6347) granting a pension to Maria of Clayton, Winchester,Winneconne,andVinland, Wis.,including E. Baker-to the Committee on Invalid Pensions. merchants, manufa-cturers, cheese makers, farmers, and trades men, favoring the passage of House bill No. 3010, regulating and PETITIONS, ETC. controlling the manufacture and sale of filled cheese-to the Com mittee on Ways and Means. Under clause 1 of Rule XXII, the following petitions and papers By :M:r. COOPER of Texas: Petition of 111 citizens of Walker were laid on the Clerk's desk and referred as follows: qounty, Tex., for the enact~ent of a 1aw granting a uniform pen By Mr. ACHESON: Petition of 0. A. Phillips and 82 other cit siOn of S12 a month to Me:ncan war veterans-to the Committee izens of Venetia, Washington County, Pa.; also, petition of W. on Pensions. H. McMillan and 24 other citizens of the fourth precinct of Mif Also, resolution passed by the board of regents of the Univer ilin Township, Allegheny County, Pa.; also, petition of Frank sity of Texas, asking national aid to State universities-t-O the Beck and 57 otheT citizens of Boston, Allegheny County, Pa.; also, Committee on the Public Lands. petition of Benjamin F. Mcintyre and 55 other citizens of Alle By :M:r. COX: Papers to accompany House bill for the relief of gheny County, Pa., praying for the passage of the Stone immi John D. Reed, administrator-to the Committee on War Claims. gration bill-to the Committee on Immigration and Naturaliza By Mr. CRUMP: Petition of Thomas Cranage and 66 vessel tion. owners of Bay City, llfich., against~the building of a bridge across Also, petition of Henry C. Newton and 41 other citizens of Al the Detroit River at Detroit, Mich.-to the Committee on Rivers legheny County, Pa., praying for the passage of a bill granting a and Harbors. • pension of S8 peT month to every man who served not less than By Mr. EDDY: Petition of ex-soldiers and ex-sailors of the Union ninety days in the Army or Navy of the United States during the Army residing at Alexandria, Minn., asking for a general pension war of the rebellion, and who was honorably discharged and a law-to the Committee on Invalid Pensions. pension of not less than 812 per month to widows of such as have Also,. resolu~ions adopted by the c~tizens of Campbell, :Minn., died-to the Committee on Invalid Pensions. protesting against the outrages committed upon the AI·menians Also, protest of the National Woman's Christian Temperance to the Co:rmnittee on Foreign Affairs. Union, against the passage of any measure providing for military By Mr. ELLIS: :M:emOTial of the city council of Baker City instruction in the public schools-to the Committee on Education. Or~g., asking that the Nicara~ua Canal be constructed by th~ Also, petition of W. K. Allen and 83 other citizens of Fayette Umted States-to the Comm1tt-ee on Interstate and Foreign City, Fayette County, Pa., praying for the free navigation of the Commerce. Monongahela Rivm-to the Committee on Rivers and Harbors. Also, remonstrance from W. H. Klinefelt and 17 others of Bakel 1956 CONGRESSIONAL RECORD-SENATE. FEBRUARY 20, City, Oreg., against appropriating any money for sectarian pur By Mr. SNOVER: Protest of Armstrong & Graves and othsr8, poses-to the Committee on Appropriations. of Port Huron, Mich., against import tax on tea-to the Commit By Mr. GRAFF: Petition of citizens of Peoria, lli.;against tee on Ways and Means. sectarian appropriations-to the Committee on the Judidary. By Mr. TRELOAR: Petition of Union soldiers and sailors of By Mr. HALL: Petitions of Lewis Hall, C. W. Zirkle, and others, the late wa:r residing at Cuba, Mo., favoring the passage of the of A valon and vicinity, Missouli, favoring the passage of the Stone service-pension bill-to the Committee on Invalid Pensions. immigration bill-to the Committee on Immigration and N aturali By Mr. WARNER: Paper in support of House bill No. 6247, zation. granting a pension to Miss Jennie E. Moore-to the Committee on By Mr. HARMER: Petition of John T. G. Duncan, Daniel Invalid Pensions. Humphries, and 114 other citizens of the Fifth Congressional dis By Mr. WILLIAMS: Petitions.of various churches of Kosciusko, trict of Pennsylvania, in favor of "An act for the inspe_ction of Miss., for the relief of book agents of the Methodist Episcopal immigrants by United States consuls, for the restriction of immi Church South-to the Committee on War Claims. grants who are unfit socially, morally, and physically to become Also, petition of citizens of Scott County, Miss., for the im citizens of this country "-to the Committee on Immigration and provement of the Mississippi River and tributaries-to the Com Naturalization. mittee on Rivers and Harbors. By Mr. HENDERSON: Paper from the department commander, By Mr. WOOMER: Petition of D. R. Frank and 129 other citi Grand Army of the Republic of Nebraska; also, from the Society zens of Richland, Lebanon County, Pa., in favor of the Stone im of the Army of the Tennessee, urging favorable action on the bill migration bill-to the Committee on Immigration and N aturali to establish a national military park at Vicksburg, Miss.-to the zation. Committee on Military Affairs. Also, petition of J. Berg Esenwein, principal, and 8 professors By Mr. HILBORN: Memorial of a mass meeting called by the and teachers of Albright Collegiate Institute, of Myerstown, Pa.; Ministerial Union of Alameda, Cal., asking the United States and also of Mrs. W. L. Block, president, and 24: members of the Government to cooperate with other Christian powers in .afford Woman's Christian Temperance Union of Myerstown, Pa., in ing protection to suffering Armenians-to the Committee on favor of a Sunday-rest law for the District of Columbia-to the Foreign Affairs. Committee on the District of Columbia. By Mr. HYDE: Memorial of the Vancouver Commercial Club, favoring the improvement of Columbia River-to the Committee on Rivers and Harbors. By Mr. KIEFER: Resolutions of the Chamber of Commerce of SEN.ATE. Stillwater, Minn., in favor of the improvement of the St. Croix Lake and River-to the Committee on Rivers and Harbors. THURSDAY, February 20, 1896. By Mr. LEONARD: Petition of citizens of Liberty Township, Tioga County, Pa., praying for legislation restricting immigra Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. tion-to the Committee on Immigration and Naturalization. The Secretary proceeded to read the Journal of yesterday's pro By Mr. LEWIS: Paper to accompany House bill No. 6326, for ceedings, when, on motion of :Mr. CALL, and by tmanimous con• an increase of pension to Berry C. Craddock-to the Committee on sent, the further reading was dispensed with. Invalid Pensions. Also, papers to accompany House bill No. 6327, for a pension THE FINANCIAL CONDITION. to Mrs. N. A. D. Biggers-to the Committee on Invalid Pensions. The VICE-PRESIDENT laid before the Senate a communica By Mr. LOUDENSLAGER:. Petition of S: S. Weav_m:, Samu~l tion from the Secretary of the Treasury, transmitting, in response Gibson, and others, of the Umon Army dunng the civil war, m to a resolution of the 10th instant, certain information as to the favor of the passage of the bill granting a pension of $8 per month amount of coin and currency and forms of notes and money of to every man who served not less than ninety days in the Army the United States in existence on January1, 1896, and the amount or Navy, and was honorably discharged, and a pension of $12 per held as reserves by national and State banks, private banks and month to the widows of those who have died-to the Committee bankers, loan and trust companies, and other financial institutions on Invalid Pensions. and concerns, etc., together with statements showing the amount By Mr. McCALL of Massachusetts: Resolutions of the Massa of paper and coin in existence in the United States, and the amount chusetts Horticultural Society opposing the free distribution of outside of the Treasury from 1800 to 1894:, both inclusive; which, seeds by the Department of Agriculture-to the Committee on with the accompanying statements, was, on motion of Mr. PEF Agriculture. FER, ordered to lie on the table, and to be printed. Also, resolutions of the trustees of public reservations of Mas sachusetts, relative to the preservation of the Palisades of the PETITIONS AND MEMORIALS . • Hudson-to the Committee on the Public Lands. By Mr. McCORMICK: Petition of citizens of Jamaica, N.Y., The VICE-PRESIDENT presented a petition of the legislature on the Armenian question-to the Committee on Fpreign Affairs. of the State of Utah, praying that a portion of Arizona lying north of the Colorado River be annexed to the State of Utah; which By :Mr. MEREDI::r'H: Pap~r~ to acco~p3:ny House bill, for. the relief of representatives of William C. Stnblmg-to the Committee was, with the accompanying paper, referred to the Committee on on War Claims. Territories, and oi·dered to be printed in the RECORD, as follows: By Mr. MORSE: Petition of R. A. Tittle and 26 other citizens STATE OF UTAH, OFFICE OF THE SECRETARY OF STATE, of Moorefield, W. Va.; also, petitions of Thomas H. Rabe and 42 Salt Lake City, Februa1·y 15, 18S6. others, of Canton, Ohio, and W. B. Wheeler and 5 others, of Co To the President of the Senate: . I have the honor to transmit herewith, to be laid before the Senate, a certi lumbus, Ohio, praying for the recognition of God in the Consti fied copy of the memorial of the legislature of the State of Utah, praying that tution of the United States-to the Committee on the Judiciary. a portion of Arizona lying north of the Colorado River be annexed t.o the By Mr. PATTERSON: Petition of various church denomina State of Utah. I am .sir, · Very respectfully,1 JAMES T. HAl\!MOND tions of Memphis, Tenn., for the relief of the book agents of the Secreta1·y of State. Methodist Episcopal Church South-to the Committee on War Claims. By Mr. PRINCE: Petition of George G. Willey and 24 others; Joint memorial to the Congress of the United States. Your memorialists, the governor and the legislature of the St&te of U tah also, petition of D. G. Ricketts and 69 others, all of Rock Island would respectfully represent to your honorable body that those portions of' and Mercer counties, TIL, asking for certain improvements on the Coconino and Mohave counties, of Arizona Territory, lying north of the Col Upper Mississippi River-to the Committee on Rivers and Harbors. orado River should properly belong to Utah for these reasons: By Mr. QUIGG: Paper to a-ccompany House bill No. 120, relat First. The Colorado River forms an impassable barrier between said por tions of Coconino and Mohave counties and the main bodies of said counties ing to medals to National Guard regiments in 1863-to the Com and Arizona. mittee on Military Affairs. Second. The residents of said portions of Arizona herewith attach a peti -By Mr. ROBINSON of Pennsylvania: Preamble and resolutions tion asking for said annexation to Utah, because all their interests are in common with the people of Utah, being cut off from commtmication with adopted by Rockdale Council, No. 803, Junior Order United Amer the citizens and courts of Arizona, except by a far circuitous route through ican Mechanics, praying for the passage of such legislation as will a wild and rough country occupied by the Navajo and Apache Ind.id.ns; that · recognize the belligerent rights of the Cuban insurgents, signed they live within 4 miles of Utah and desire her protection, as they receive inadequate protection from Arizona. by officers and members of the council and over 500 citizens of Till rd. That the taxpayers of said lands who are residents of Utah also here Rockdale, Delaware County, and vicinity-to the Committee on with attach a petition asking for said annexation for the reason that said lands Foreign Affairs. are sparsely settled and are unprofitable for irrigatjon and suitaLle only for grazing :purposes. That the herds and flocks thereon are owned in Utah; By Mr. SMITH of Michigan: Resolutions unanimously a1opted that, owmg to t.he wildness of said lands, it has become a place of r efuge for at a meeting of the Michigan Association of Union ex-Prisoners of desperate and lawless men; that Arizona affords the stock owners no protec War, held January 23,1896, praying for the passage of House bill tion, and that the defense of their property and prosecution of sa~ i lawless citizens has devolved upon Utah, t o the detriment of those countie<> adjoin No. 306, introduced by Hon. E. J. HAINER, granting pensions to ing said Territory, and that thew-should have the benefit arising from the soldiers and sailors COIJ.fined in so-called Confederate prisons-to 8 the Committee on Invalid Pensions. iio~ o~e&~~~~~~rM~~v~ co~n\~:~~g:th e~f'th~Igo~~:aj~ti~~~~~~