2470 CONGRESSIONAL RECORD-SENATE. · MARCH 5, sale of beer be prohibited at certain milita1·y posts-to the Com SENATE. mittee on M'Jlitary Affairs. Also, petition of citizens of Baldwinsville, N. Y., asking that THURSDAY, Ma1·ch 5, 1896. the sale of beer and intoxicating liquors be prohibited on Ellis Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. Island to immigrants-to the Committee on Immigration and The Secretary proceeded to read the Journal of yesterday's pro Naturalization. ceedings, when, on motion of Mr. NELSON, and by unanimous con By Mr. POWERS: Petit!-on of A. D. Br~dford, of Jericho, \!'t. , sent, the further reading was dispensed with. praying for favorable actiOn on House bill No. 4566, amending EXECUTIVE COMMUNICATION. the postal laws-to the Committee on the Post-Office and Post The VICE-PRESIDENT laid before the Senate a communica Roads. tion from the Secretary of the Interior, transmitting a report of By Mr. REYBURN: Petitio~ of Washin~~on Cam~, ~o. 405, the disbursements for the fiscal year ending June 30, 1896, made Pfttriotic Order Sons of Amenca; also petitions of Cincinnatus in the States and Territories under the provisions of "An act to Council No.116, and Greble Council, No.1, Daughters of Liberty; apply a portion of the proceeds of the public lands. to the more also petition of Columbia Lodge, .No. 94, and Schuylkill Falls complete endowment and support of the colleges for the benefit L odge, No.. 108, Aroe~ican Protestant .t\ssociation, in.favo_r of the of agriculture and the mechanic arts, established under the pro Stone immigration bill-to the Committee on Imnngration and visions of an act of Congre s approved July 2, 1862," approved Naturalization. August 30, 1890, as required by section 5 of that act; which, with By Mr. ROYSE: Petition of_L. H. I!_eyerle, of ~oshen, Ind., the accompanying Teport, was 1·eferred to the Committee on Edu urging the passage of House bill No. 4566, amending the postal cation and Labor, and ordered to be printed. laws-to the Committee on the Post-Office and Post-Roads. PETITIONS AND MEMORIALS. By Mr. SCRANTON: Petition of Fred. A. Wagner, of Scranton, 1\Ir. ffiBY presented !J. petition signed by sundry citizens of P a., for favorable action on House bill No.· 4566, to amend the Fairview, Cripple Creek, Fountain Inn, Walkersville, and High postal laws relating to second-class matter-to the Committee on Point, all in the State of South Carolina, praying for the adoption the Post-Office and Post-Roads. of the proposed religious amendment to the Constitution of the By Mr. SORG: Petition of Ohio Council, No. 9, Daughters of United States; whieh was· referred to the Committee on the Liberty, of Dayton, Ohio, in ~avor of the :passa~e of the Stone ~m Judiciary. migration bill-to the Comnnttee on Immigration and N atnrahza Mr. FAULKNER presented the petition of George W. Phillips tion. and 14 other citizens of Wick, W.Va.; the petition of W. B. Evers By :Mr. CHARLES W. STONE: -Petition of Washington Camp, and 4 other citizens of Martinsburg, W.Va.; the petition of John No. 607 Patriotic Order Sons of Americ,-a, of Mount Jewett, Mc H. Crawford and 70 other citizens of Greenbrier, W.Va., and the KeanC~unty, Pa.; also petition of Hopewell Council, No. 73, Jun petition of C. H. Taylor and 33 other citizens of West Virginia, ior Order of United American Mechanics, of Hopewell, N.J., in praying for the adoption of the proposed r eligious amendment to favor of the passage of the Stone immigration bill-to the Com the Constitution of the United States; which were referred to the mittee on Immigration and Naturalization. Committee on the Judiciary. Also memorial of E. Cowan's Sons, of Warren, Pa., in favor of 1\lr. PALMER presented the petition of J. S. Davis and sundry the pa~age of House bill No. 4566, to ame~d the postal laws re other citizens of Laharpe, ill., and the petition of Sarah J. Lynn lating to second-class matter-to the Committee on the Post-Office and sundry other citizens of illinois, praying Congress to ubmit and Post-Roads. to the States a revised preamble to the Constitution; which were By Mr. WILLIAM A. STONE: Petition of Washington referred to the Committee on the Judiciary. Camp, No. 497,_ Patriotic. Order Sons of ~~rica; also peti 1\ir. WALTHALL presented the petition of W. D. Caulfield, tion of Vine Cliff Council, No. 83, and petition of Waverly editor and proprietor of the Valley Record, Gloster, Miss., pray Council, No. 159, Daughters of Liberty, indorsing the Stone im ing for the passage of House bill No. 4566, to amend the postal migration bill-to the Committee on Immigration and Natural laws relating to second-class mail matter; which was referred to ization. the Committee on Post-Offices and Post-Roads. By 1\lr. TAYLER: Memorial and resolutions of faculty and stu Mr. BATE presented a petition of sundry citizens of Nashville, dents of Mount Union College, Alliance, Ohio, praying for the Tenn., praying for the passage of the so-called Stone immigration establishment of a permanent court of arbitration-to the Com bill; which was referred to the Committee on Immigration. mittee on Foreign Affairs. 1\ir. VILAS presented the memorials of H. H. Johnson and 123 By Mr. TRACEY: Papers to ·accompany House bill No. 5812, other citizens of Milton; of E. M. Crandall and 113 other citizens relating to the pension of Ephraim Chalfant-to the Committee on of Milton; of James Murray and 193 other citizens of Berlin; of Invalid P ensions. . George Eldridge and 67 other citizens of Clear Lake; of J. W. Also, papers to accompany _House bill N ?· 4938, ~or the relief of Hancock and 157 other citizens of Ellsworth; ofT. H. Frank and Mary Wilkins-to the Committee on Invalid PensiOns. 110 other citizens of Oconto County; of Annie Fox and 238 other By Mr. WADSWORTH: PetitionofG.OliverFl·ick,ofYoungs citizens of Flintville; of Mary T. Lawrence and 84 other citizens town, N.Y., for favorable action on House bill No. 4566-to the of Brown County; of H. F. Post and 95 other citizens of-Sawyer Committee on the Post-Office and Post-Roads. County; of 0. F. Cole a:nd38other citizens of Pound; of Rev. H. T. By Mr. WALKER of Virginia: Petition of Yardley S. Brown, Dirksen and 38 other citizens of Pound; of C. K. Ackley and 221 of Hamilton Va., praying for favorable action on House bill No. othe1· citizens of Westport; of Charles Smith and 94 other citizens 4566 to ame~d the postal laws relating to second-class matter-to of Vernon Cotmty; of G. W. Sutherland and 150 other citizens of the Committee on the Post-Office and Post-Roads. Vernon County; of I. B. Firman and 46 other citizens of Wood County; of A. F. Nunges and 50 other citizens of Madison; of M. J. By Mr. WALKER of Massachusetts: Petition of Common Barthold and 20 other citizens of Rock County; of R. P. Nelson wealth Council, Order United American Mechanics, of Worcester, and 29 other citizens of Crawford County; of D. T. Bourdeau and Mass. urging the passage of the Stone immigration bill-to the 37 other citizens of Brown County; of R. B. Griggs and 88 other Com:dtittee on Immigration and Naturalization. citizens of Baraboo; of R. L. Bohn and 73 other citizens of Lime By Mr. WANGER: Petitions of George Harrison, of Hulme Ridge; of I. Sanborn and 33 other citizens of Monroe County; of ville, Pa.; also petition of Jesse 0. Tho~as, of Bristol, P~._; also Ed. R. Franklin, jr., and 58 other citizens of Shawana County, petition of J. R. Haldeman, of Harleysville, Pa.; also petition of and of C. C. Gittings and 55 other citizens of Racine, all in the Alfred Paschall, of Doylestown, Pa.;_ also petition of A. E .. Dam State of Wisconsin, remonstrating against the adoption of the bly's estate, of Skippack, Pa., praymg for favora?Ie action on proposed religious amendment to the Constitution of the United House bill No. 4566, to amend the postal laws relating to second States; which were referred to the Committee on the Judiciary. class matter-to the Committee on the Post-Office and Post Mr. FRYE presented a petition of the executive committee of Roads. the American Patriotic League, praying for the adoption of the Also resolution of Washington Camp, No. 600, Patl'iotic Order proposed amendment to the Constitution of the United. State pro Sons of America, of Tylersport, Pa., with a membership of 52, hibiting the appropriation of mon~y for the use of se~~rmn schools; indorsing the Stone immi~rati
1896. CONGRESSIONAL RECORD-SENATE. 2471 1
ment to the Constitution of the United States; which was referred Mr. GALLINGER presented sundry papers to accompany the to the Committee on the Judiciary. bill {S. 2384) far the relief of David 0. Burleigh heretofore intro- Mr. SHERMAN presented a petition of sundry citizens of Ohio, duced by him; which were refeued to the Committee on Military praying for the adoption of the proposed religiops amendment to Affairs. ' the Constitution of. the United States; which was referred to the Mr. QUAY presented a petition of the council of the Historical Committee on the Judiciary. Society of Peni:lsylvania, praying for the preservation and publi- M:r. LODGE presented a petition of the Young People's Society cation of the records of the Continental Congress; which was · o:f Christian Endeavor of the Shawmut Congregational Church, referred to the Committee on the Library. of Boston, Mass.; a petition Of 47 citizens ofMiddlefield, Mass.,and He also presented a memoria.! of Washington Campt No. 345, a petition of 32 citizens of Westhampton, Mass., praying for the Patriotic Order Sons of America, of Philadelphiat Pa., reman adoption of the proposed religious amendment to the Constitution strating against the appropriation of moneys for sectarian insti of the United States; which were referred to the Committee on the tutiuns; which was referred to the Committee on Appropriations. Judiciary. He also presented a petition of the Board of Trade of Philadel- Mr.NELSONpresentedthepetitionof E. A. Wemer and38other phia, Pa.~ praying for the enrollment and organization of Naval citizens of Gotha, and the petition of N. E. Bates and 48 other citi- Reserve forces; which was referred to the Committee. on Naval zens of Winnebago City, Minn., praying for the adoption of the Affairs. proposed religious amendment to the Constitution of the United He also presented a petition of the Pennsylvania State Grange, States; which were referred to the Committee on the Judiciary. Patrons of Husbandry, praying for the protection of American Mr. SEWELL presented petitions of Peter Cooper Council, No. agricultureand&hippinginthe foreign trade; which was referred 196, Junior Order United American Mechanics, of Newark; of to the Committee on Commerce. Hope Council, No. 3, Junior Order United American Mechanics, of He also presented petitions of 93 citizens of Clearfield County, Bridgeton; of Livingston Council, No. 125, Junior Order United of 90 citizens of Bethlehem, of 20 citizens of Juniata County, ol American Mechanics, of Atlantic City; of Peerless Connell, No. 125 citizens of West Middlesex, of 125 citizens of Mercer Countv, 218, Junior Order United American Mechanics, of High Bridge; of 42 citizens of Willett, of 81 citizens of Moosic, of the members Of of Colonel Vredenburgh Council, No. 210, Junior Order United the Reformed Presbyterian Church of Darlington, of 23 citizens American Mechanics, of Turkey; of AnthonyWayneCouncil,No. of Ems.worth, of 145citizensof Knoxtof41 citizens.ofScl.tsburg, of 159,Junior0rderUnitedAmericanMechanics,ofNewark;ofClin- 30citizens of West Lenox, of 43 citizens of Youngstown, of 89 ton Council, No.18, Junior Order United American Mechanics, of citizens of New Park, of 103 citizens of Hoboken, of 105 citizens Jersey City; of GoldenRod Council, No.136, Junior Order United of McDonald, of 80 citizens of New Alexandria,. of 26 citizens of American Mechanics, &f Rocky Hill; of Elberon Council, No. 85, Tarentum, of 51 citizens of Blairsville, of 54 citizens of Indiana Junior Order United American Mechanics, of Oakhurst; of Sunset County~ of 69 citizens of Butler~ of 116 citizens of Mercer County,
Council, No. 34, Junior Order United American Mechanics, of of 92 citizens of New Brighton 1 of 33 citizens of Pottsville, of 29 Chatham; of Boonton Council, N o.188, Junior Order United Amer- citizens of Taylor, of 281 citizens of York., and of 81IDdry citizens ican Mechanics, of Boonton; of Metuchen Council, No. 59, Junior of Lattimer Mines, all in the State of Pennsylvania, praying for Order United American Mechanics, of Metuchen; of Valley Forge the adoption of the proposed religions amendment to the Consti Council, No. 2, J rmior Order United American Mechanics, of J e1·- tution of the United States; which were referred to the Committee sey City; of Trenton CormcH, No. 80, Junior Order United Amer- on the Judiciary. ican Mechanics, of Trenton; of William Parker Council, No. 185, He also presented a. petition of sundry citizens of Milnesville, JuniorOrderUnitedAmericanMechanics,ofPaterson; of Charter Pa.; a petition of sundry citizens of Lattimer Mines, Pa. ~ and a Council, No. 106, Junior Order United American Mechanics, of petition of Washington Camp, No. 33~ Patriotic Order Sons of
Jacksons Mill; of Bayside Council, No. 107, Junior Order United America1 of West Point, Pa.~ praying for the adoption of the p:ro American Mechanics, of Belford; of Onward Council, No. 98, J un- posed amendment to the Constitution of the United States, prohib ior Order United American Mechanics, of Red Bank; of Olive iting the appropriation of moneys for sectarian purposes; which Branch Council, No. 21, Junior Order United American Mechanics, were referred to the Committee on Appropriations. of Paulsboro; of Success Council, No. 171, Junior Order United Mr. GRAY presented a petition of the Woman's Christian Tern American Mechanics, of Millburn; of North Star Council, No. 222, perance Union of Greenwood, Del., praying for the enactment of JuniorOrderUnitedAmericanMechanics,ofPeapack; of Neptune a Sunday-rest law fox the District of Columbia; which was re Council, No. 217, Junior Order United American Mechanics, of fened to the Committee on the District of Columbia. North Long Branch; of Howell Council, No. 65, Junior Order Mr. GORMAN presented the petition of Sarah T. Miller and UnitedAmericanMechanics,ofFarmingdale;ofHenryClayCoun.; sundry other citizens of Sandy Spring, Md., praying for the en cil, No. 95, Junior Order United American Mechanics, of Newark; actment of improved Territorial divo1·ce laws, and for the enact of Sherman Council, No. 61, Junior Order United American Me- ment of legislation raising the age of consent from 16 to 18 years chanics, of Roselle; of George H. Adams Council, No. 36, Junior in the District of Columbia; which was referred t.o the Committoo OrderUnitedAmericanMechanics,ofNewark; ofArlingtonCoun- on the District of Columbia. · cil, No. 214, Junior Order United American Mechanics, of Arling- He also presented the petition of Joseph Shirley and sundry ton; of Jersey Blue Council, No. 22, Junior Order United Ameri- other citizens of Baltimore, Md., praying for the passage- of the can Mechanics, of Clayton; of Frame Council, No. 204, Junior so-called Stone immigration bill; which was referred to the Com Order United American Mechanics,. of Mi1lville, and of Walter mittee on Immigration. Burdge and 12 other citizens of North Long Branch, all in the He also presented the memorials of A. G. Thomas and sundry State of New Jersey, praying for the passage of the so-called other citizem of Sandy Spring; of Rev. Alfred Smith and J. W. Stone immigration bill; which wru:e referred to the Committee Balderston, of Oxford; of Jonathan K. Taylor and sundry other on Immigration. citizens of Baltimore; of James Carey Thomas and sundry other He also presented the petition of Rev. Albert Reid and 24 other citizens of Baltimore; of Thomas S. Stone1 of Aquasco; of George citizens of Bridgeton; the petition of Rev. J. L. Surtees, pastor, A. Davis, of Westminster; of Alexander Chaplain and sundry and59membersoftheKaighnAvenueMethodistEpiscopa1Church, other citizens of Easton; of Henry Wingate and sundry other of Camden; the petition of J.D. Flock and 58 other citizens of citizens of Chaptico; of W. W. Brittingham and sundry other Hackettstown; the petition of Rev. Joseph H. Bradley and 98 other citizens of Snow Hill; of Edwin H. Brown and P. B. Hopper, of citizens of Tuckertown, and the petition of Charles White and 50 Centerville, and of the school board of Baltimore County, all in other citizens of Cramer Hill, all in the State of New J"ersey, pray- the State of Maryland, remonstrating against the enactment of ing for the adoption of the proposed religious amendment to the legislation providingm:ilitary training in the public schools of the Constitution of the United States; which were referred to the Com- , country; which were referred to the Committee on Education and mittee on the Judiciary. Lab6r. Mr. WARREN presented a memorial of sundry miners and Mr. PLATT. I present a petition of the Woman's Christian mine owners of Fremont County,. Wyo., remonstrating against Tempel'ance Union of the District of Columbia, praying for the the enactment of legislation providing for the payment of assess- establishment of an international court of arbitration between the ment work on quartz lode claims; which was referred to the Com- United States and Great Britain. I do not know that the Senate mittee on Mines and 1\fining. can act in the way of appointing a commission, but the snbject- Mr. HARRIS presented a petition of the Baptist, Lutheran, matter of arbitration and the settlement of international diffi Methodist Episcopal Church South, and Presbyterian churches of culties by arbitration has my earnest approval. I move that the Morristown, Tenn., praying for the enactment of a Sunday-rest petition be referred to the. Committee on Foreign Relations. law for the District of Columbia; which was referred to the Com- The motion was agreed to. mittee on the District of Columbia. Mr. GEARpresented a petiti.onotthe-facu.ltyof AmityCollege, He also presented a petition of sundry citizens of Alaka, Tenn., College Springs, Iowa, and the petition of N. GL Evans and 55 and a petition of 111 citizens of Pioneer, Tenn., praying for the other citizens of Atkins, Iowa~ praying for the adoption of the adoption of the proposed religious amendment to the Constitution proposed religious amendment to the Constitution of the United of the United States; which were referred to the Committee on States; which were referred to the Committee on the Judiciary. the Judiciary. Mr. TELLER presented a pe-tition¢ 8lllldTy citizens of Hanna:p, 2472 CONGRESSIONAL RECORD-SENATE. MARCH 5,
Colo., praying for the adoption of the proposed religious amend Mr. HALE. The committee report favorably upon this resolu ment to the Constitution of the United States; which was referred tion as it was sent to the commtttee, but an examination of the to the Committee on the Judiciary. · printing act of January 12, 1895, leads me to believe that in this REPORTS OF COMMITTEES. and any case of the kind no action on the part of the Senate or House is needed. It is there provided that in the case of eulogies Mr. COCKRELL, from the Committee on Military Affairs, to upon any member of either body there shall be a certain number whom was referred the joint resolution (S. R. 2) providing for the printed, with the form and style given, the distribution provided adjustment of certain claims of the United States against the State for, and all. I believe that there is no necessity for this reso of Tennessee and certain claims of the State of Tennessee against lution. I think all that is needed is that the subject-matter of the United States, reported adversely thereon, and the joint reso- the eulogies shall be furnished to the Public Printer and that he lution was postponed indefinitely. , will then print the volume as the law directs. So I do not wish He also, from the same committee, to whom the subject wa,., this to be taken as a precedent indicating that the committee need referred, submitted a report, accompanied by a joint resolution to intervene. (S. R. 91) providing for the adjustment of certain claims of the Mr. PASCO. With reference to this matter, I would state that United States against the State of Tennessee and certain claims of the fact that no resolution of the sort had been passed was urged the State of Tennessee against the United States; which was read as a reason why the volume was not published. I called it to the twice by its title. attention of the Senator from Georgia [Mr. GORDON] yesterday He also, from the same committee, to whom was referred the morning, and upon my suggestion he offered the resolution. Upon bill (8.814) for the relief of John W. Gummo, I'eported it without inquiry at the document room we were told that the volume had amendment, and submitted a report thereon. never been issued, simply for the reason that such a resolution as Mr. MANTLE, from the Committee on Education and Labor, is now pending had not been passed. It may be well that those to whom was referred the bill (S. 2047) extending the time within having the djrection of the matter should understand that such which the University of Utah shall occupy lands here!A>fore granted a resolution is not necessary, if the Senator from Maine is correct. to it, reported it without amendment, and submitted a report Mr. HALE. I made· the explanation in ordet· that the Senators thereon. · from Georgia, who desired to have the eulogies printed and dis Mr. MARTIN, from the Committee on Claims, to whom was tributed, may understand how the matter rests at the present referred the bill (S. 2148) for the relief of Richmond College, lo moment. cated at Richmond, Ya., reported it with an amendment, and sub The concurrent resolution was agreed to. mitted a report thereon. Mr. GALLINGER, from the Committee on Pensions, to whom EIGHTH SPECIAL REPORT OF THE COMMISSIONER OF LABOR. was referred the bill (S. 2187) to pensio~ Thomas F. Leahy, re ported it without amendment, and subnntted a report thereon. Mr. HALE, from the Committee on Printing, to whom was re- Mr. WARREN, from the Committee on Military Affairs, to ferred the following concurrent resolution of the House of Repre whom was referred the bill (8.1011) for the relief of Capt. James sentatives, reported it without amendment; and it was considered Regan, United States Army, reported it with amendments, and by unanimous consent, and agreed to: submitted a report thereon. Resolved by the House of Representatives (the Senate e<>nCU1'1'ing the1·ein). That there be printed and bound in cloth 8.000 additional copies of the Eighth He also from the same committee, to whom was referred the Special Report of the Commissioner of Labor, relating to the housing of the bill (H. R.'83) for the relief of John C. Cutter, late first lle~ten!lnt working people· 1,000 copies for the use of the Senate, 2,000copies for the use Thirty-sixth Massachusetts Volunteer Infantry, reported It With of the House of Representatives, and 5,000 copies for distribution by the De· out amendment, and submitted a report thereon. pariment of Labor. Mr. HAWLEY. I am directed by the Committee on Military BILLS INTRODUCED, Affairs to whom was referred the bill (S. 2367) to complete the Mr. PRITCHARD (by request) introduced a bill (S. 2392) for military record of Dennis Whidly, tq ask to be dischar~ed from the relief of J. U. Orr; which was read twice by its title, andre its further consideration, as it relates to the record of a sailor, and ferred to the Committee on Claims. that it be referred to the Committee on Naval Affairs. He also (by request) introduced a bill (S. 2393) for the relief of The report was agreed to. · William E. Bond; which was read twice by its title, and referred Mr. HAWLEY, from the Committee on Military Affairs, to to the Committee on Cla,ims. whom was referred the bill (H. R. 1816) for the rel:ief of Michael Mr. McBRIDE introduced a bill (S. 2394) to provide for the con Ryan, reported it without amendment, and submitted a report struction of a public building at Salem, Oreg.; which was read thereon . twice by its title, -and referred to the Committee on Public Build .Mr. WILSON, from the Committee on Public Lands, to whom ings and Grounds. was referred the bill (S. 2032) to grant right of way over the pub He also introduced a bill (S. 2395) to provide for the examina lic domain for pipe lines, reported it with amendments. tion and classification of certain lands in the States of Oregon and Mr. CAFFERY from the Committee on Commerce, to whom Washington; which was read twice by its title, and referred to was referred the j~int resolution (~. R. 83) dh:ec~g and auth?r the Committee on Public ,Lands. izing the Secretary of War to appomt a commiSsion to ~etermme He also introduced a bill (S. 2396) to increase the pension of the cost of securing for the United States the channelm Atchaf Patrick O'Neal; which was read twice by its title, and with the alaya Bay, Louisiana, reported it with amendments. accompanying paper, refened to the Committee on Pensions. Mr. HALE,fromtheCommitteeon NavalAffairs, towhom "!as Mr. QUAYintroduced a bill (S.2397) to amend ~ection 2743 ~f referred the amendment submitted by Mr. DANIEL on the 1th the Revised Statutes of the Umted States, concernmg the exami ultimo, intended to be proposed to the d~ficiency approp!iation nation of drugs; which was read twice by its title, and referred bill, reported it favorably, and mo~ed that It be ref~rr~d, With ~he to the Committee on Finance. accompanying papers, to the Committee on Appropnat10ns; which He also introduced a bill (S. 2398) to refer the claims of Arm was agreed to. strong and others to the Court of Clai?Us; which :was -read twice SECOND SPECIAL REPORT OF COMMISSIONER OF LABOR. by its title, and referred t<:> the Committe~ on Clarms. . Mr. HALE, from the Committee on Pri~ting, to whom was He also introduced a bill (S. 2399) to mcrea.se the pensiOn of referred the following concurrent resolution of ~he. House of Ann Catherine Hull; which was read twice by its title, and, with Representatives, reported it without amendment; and It was con the accompanying paper, referred to the Committee on Pensions. sidered by unanimous consent, and agreed to: Mr. BAKER introduced a bill (S. 2400) for the relief of James Resolved by the House of Representatives (the Senate concur~'ing), That the.re W. Morgan; which was read twice by its ~itle, and, ~th the ac be printed 5 000 additional copies in cloth binding, of the Secon~ Special companying papers, referred to the Committee on Claims. Report of the Commiss.ioner of Labor, being a report of the Comt;ruttee on Mr. THURSTON introduced a bill (S. 2401) granting a pension Interstate and Foreign Commerce of the House of Representa~ves, sub to Mrs. Hattie E. Redfield, of Omaha, Nebr.; which was read twice mitted July 20,1892,1000 copies for the use of the !?enate, 2_,000_cop~es for the use of the House of Representatives, and 2,000 copies for distributiOn by_ the by its title, and, with the accompanying papers, referred to the Department of Labor; and the Commissioner. of ~abor is hereby authoriZed Committee on Pensions. to revise said report to include the labor legislatiOn subsequent to the year . 1891, and to annotate the report with reference to decisions of courts under He also introduced a bill (S. 2402) to authorize the sale of a part the laws comprehended therein. of the Fort Niobrara Military Reservation, in the State of Nebraska; EULOGIES ON THE LATE SENATOR COLQUITT. which was read twice by its title, and, with the accompanying papers, referred to the Committee on ~ilitary Affairs. . Mr. HALE. I am directed by the Committee on .Printing, to Mr. GALLINGER introduced a bill (S. 2403) for the rehef of whom was referred the concurrent resolution submitted yester George J. Barnes; which was read twice by it~ title, and_, :with day by the Senator from Georgia [Mr. GORDON], to report it the accompanying paper, referred to the Comnnttee on M1htary without.amendment. I ask for its immediate consideration. Affairs. · . The Senate, by unanimous consent, proceeded to consider the He also introduced a bill (S. 2404) defining and regulating proof concurrent resolution; which was read, as follows: in certain pension cases; which was read twice by its title, and Resolved by the Senate (the House of.RepJ·esentatives concur~·ing),_ That the eulogies delivered in Congress upon the Hon. Alfred Holt Colqmtt, late a referred to the Committee on Pensions. Senator from the State of 2474 CONGRESSIONAL RECORD-SENATE. as he can at -any time, object to every one of the printing resolu AMENDMENT TO INDIAN APPROPRJ.ATION BILL. tions that we report and 8end them to the Calendar, I shall be Mr. BAKER submitted an amendment intended to be proposed well content. So I do not want the Senatorl ·who, as I have said by him to the Indian appropriation bill; which was refe-rred to the before when he and I have- had perhaps some little controversy, Committee on Indian Affall:s, and ordered to be printed. is at bottom a good-natured ma.n and does not want to be over suEpicious, to feel that I am watching for him. I am not. MEMORIAL OF THE NATIONAL WOOL GROWERS' ASSOCIATION. When this morning he submitted a request to make som.e re Mr. SHERMAN submitted thefollowingconcurrentresolution; marks I called his attention, I thought in a kindly way, to the which was referred to the Committee- on Printing: fact that it was an innov-ation of the rule; but I said to him that Resolved by the Sena,te (the Honse of Representatives concurring), That there I would not object; that if he felt that he wanted to go on I was be printed 5.000additionalcopies of Senate Document No. 17 of the fix t ser sion Smith, Corps of Engineers, to submit a pla~ and estimate fm: the Army of the Republic, at Leavenworth, Kans., was considered further improvement of Conneaut Harbor, m the State of Ohio. as in Committee of the Whole. The message also announced that the House had passed the fol The bill was reported from the Committee on Naval Affairs lowing bills and joint resolution; in which it requested the con with an amendment, to add to the bill the following provi-so: currence of the Senate: P rovided, That the condemned cannon herein mentioned are available for A bill (H. R. 3448) authorizing the county of Navajo, Territory the purposes stated, and can, in the opinion of the Secretary of the Navy, be of Arizona, to issue bonds for the construction of a court-house spared without detriment to the pubhc interests: .And providedf'lwtl~£:~·, That the Government shall not incur any expense in handling or transporting and jail at the county seat thereof; said cannon. A bill (H. R. 4804) to amend subdivision 10 of section 2238 and to repeal subdivision 12 of section 2238 of the Revised Statutes of The amendment was agreed to. the United States; and · Mr. GEAR. I wish to offer an amendment that two condemned A joint resolution (H. Res. 17) for the erection of a statue of cannon be also donat-ed to Mathies Post, Grand Army of the Re Francis E. Spinner at the Treasury Department building in Wash public, at Burlington, Iowa. ington. I wish to say in connection vvith this amendment that General . ENROLLED BILLS SIGNED. Mathies, of my State, was a German, and he was the first man to The message further announced that the Speaker of the House offer his services to the Government during the civil war. He had signed the following enrolled bills and joint resolutions; and lies buried in a cemetery in mytown, where there is a monument · they were thereupon signed by the Vice-President: erected to his memory. I do not know where there is a Grand A bill (H. R.1691) to authorizethe St.LouisandOklahomaCity Army post that should have higher consideration at the hands of Railroad Company to construct and operate a railway through the Senate in this matter than Mathies Post. I therefore offer the the Indian and .Oklahoma Territories, and for other purposes; amendment which I send to the desk. A bill (H. R. 3982) granting condemned cannon, etc., Lincoln l\1r. BAKER. What is the amendment? to Mr. GEAR. That two condemned cannon be also donated to Post Grand Army of the Republic, Hope Valley, R. I.; Woman's Mathies Post, at Burlington, Iowa. Reli~ Corps, Taylorville, Til., and. town of Newton, N.J.; A bill (H. R. 4779) relating to the anchorage and movements of ]')lr. BAKER. I have no objection. vessels in St. Marys RiveT; The VICE-PRESIDENT. The amendment will be stated. A joint resolution (8. R. 54) authorizing the National Dredging The SECRETARY. At the end of the original bill, before the Company to proceed with the work of dredging the channel of amendment just adopted, it is proposed to insert: Mobile Harbor, under the direction of the Secretary of War; and And that two condemned cannon be also donated to Mathies Post, Grand A joint resolution (H. Res.108) directing the Secretary of War Army of the Republic, at Burlington, Iowa. to submit estimates for work upon Newtown Creek, New York. · The amendment was agreed to. IMPRISONMENT OF EUGENE V. DEBS. The bill was reported to the Senate as amended, and the amend ments we1·e concurred in. The next business on the Calendar was the resolution introduced The bill was ordered to be engrossed for a third reading, read by Mr. CALL January 23, 1896, and reported February 4, 1896, by the third time, and passed. Mr. HILL, from the Committee on the Judiciary, with an amend- ment. · The title was amended so as to read: ".A bill authorizing and directing the Secretary of the Navy to donate condemned cannon The VICE-PRESIDENT. The resolution originally submitted to Custer P ost, Grand Army of the R epublic, at Leavenworth, by the Senator from Flmida will be read. Kans., and 1\I.athies Post, Grand Army of the Republic, at Bur The SECRETARY read the resolution submitted by Mr. CALL lington, Iowa." January 23, 1896, as follows: JULIA. A.. HUMPHRIES. Resolved, That a special committee of seven Senators shall be appointed, who shall be charged with the duty of inquiring into the imprisonment of Eugene The bill (S. 518) for the relief of Julia A. Humphries was con V. Debs for an alleged contempt of court, who shall repo~ to the Senate and recommend such legislation as may be necessary for the JUSt enforcement of sidered as in Committee of the Whole. the law and the protection of citizens from arbitrary and oppressive exercise The bill was reported from the Committee on Claims with of judicial power. an amendment, in line 6, after the words" sum of," to strike out Mr. GORMAN. Let that go over. '' 10,000" and insert '' 5,215 "; so as to make the bill read: Mr. CALL. There is no difficulty about the resolution with the Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, amendment reported by the Senator from New York [Mr. HILL] authoriz-ed and directed to pay to Mrs. Julia. A. Jllumphries, out of any money in the Treasury of the United States not othei'wiso a.J)"propriated the sum of from the Committee on the Judiciary, which covers the resolution $5,215 as a full indemnification for proper_ty taken by the United States..t\..rm.y I introduced for an inquiry into the Debs case as to his arrest and for hospital purposes at Frede1·icksburg, "'Va., and for damages suffered at imprisonment under the order o! th~ COlll"t. The amendment is the hands of the Union forces, and for services rendered as hospital nurse satisfactory to me, and I hope 1t will be adopted and that the during the war of 1861. resolution as amended may pass. The amendment was ag1·eed to. Mr. GORMAN. I ask that it go over without prejudice. The bill was reported to the Senate as amended, and the amend The VICE-PRESIDENT. It will go over under the rule. ment was concurred in. Mr. HILL. I will state to the Senator from Maryland that the The bill was o1·dered to be engrossed for a third reading, and Committee on the Judiciary had those two resolutions before read the third time. · them. One was to investigate the particular matter relating to Mr. CHANDLER. Before the bill is passed, I s~ould like to the Debs case, the other was a general resolution to investigate have an explanation. I do not like the sound of the words '' for the whole subject of contempts and to report by bill or otherwise. damag-es suffered at the hands of the Union forces." It has not That is the resolution which it is now proposed to pass, and it is been customary in the few bills which have passed to use that L:'l.n desirable that it should be passed, so that the committee may pro guage. ceed. The subcommittee in that case has already been appointed Mr. TELLER. I will say to the Senator that this is not for and is awaiting action on this resolution. The Senator from damages in the ordina;ry sense. Florida does not press his resolution. Mr. COCKRELL. Let those words be stricken out. Mr. CALL. No. 1\fr. CHANDLER. There have been some bills passed for pay Mr. HILL. However, if the Senator from Maryland desires the ing money to colleges and literary institutions, which, on the de resolution to go over, it may do so. minimis principle, no one cares anything about; but I do not re 1\Ir. GORMAN. On the statement of the Senator from New member the passage of a bill heretofore recognizing that principle. York, I withdraw my objection. !fr. TELLER. If the Senator from New Hampshire would The VICE-PRESIDENT. The amendment reported by the wait a little while, and let me make a statement of the case Senator from New York will be stated. .Mr. CHANDLER. I did not want the Senator to answer my The SECRETARY. It is proposed to amend the original resolu point until he knew what it was. · tion by substituting the following: :Mr. TELLER. This does not fall within the rule stated at all. R esolved, That the Judiciary Committee is hereby directed to investigate It is not for damages; it is for supplies taken and used by the the law upon the whole subject of contempts of court as enforced by the Army. Federal courts, a.nd. report to the Senate whether any additional legislation is necessary for the protection of the rights of citizens; and, if so, to report Mr. CHANDLER. It reads "damages" in the bill. such legislation. Mr. TELLER. The damage was to a house which the Govern The VICE-PRESIDENT. The question is on the amendment ment used for a hospitaL The bill is to pay for Tental and dam reported by the committee. age to the house. We have disallowed all the other items and The amendment was agreed to. they have been cut out of the bill. That is the rea-son the bill is The resolution as amended was agreed to. ame.nded, reducing the amount from $10,000 to $5,215. :Mr. CHANDLER. Damage done by military occupation? DONATION OF CONDEMNED CANNON TO CUSTER POST, ETC. Mr. TELLER. The damage was done by the Government The bill (S. 1846) authorizing -and directing the Secretary of taking possession of the claimant's store and using her groceries the Navy to donate condemned cannon to Custer Post, Grand and provisi-ons for the _o\.t"IDy; and the bill is for rental and repairs l) 2476 CONGRESSIONAL RECORD-SENATE. MARCH 5, - of the store which were required after the Government left it. The PRESIDING OFFICER. The Chair has decided that the The bill is strictly in accordance with the practice of the Senat~ motion was carried. and of the Committee on Claims for the last twenty years. ART COMMISSION. Mr. CHANDLER. If the Senator will have the words read Mr. HANSBROUGH. I desire to ask the Senator from Oregon "'Nhich I have criticised I should be obliged. if he will not yield until I can ask unanimous consent for the con The VICE-PRESIDENT. The Secretary will read as requested. sideration of a bill,which I think will lead to no debate whatever? The Secretary read as follows: Mr. MITCHELL of Oregon. I yield to the Senator from North As a f-ull indemnification for property taken by the United States Army Dakota, provided his bill does not lead to any debate. for hospital purposes at Fredericksburg, Va., and for damages suffered at the hands of the Union forces, and for services rendered as hospital nurse Mr. HANSBROUGH. I do not think it will. I ask unanimous dnrin§l the war of 1861. consent for the present consideration of the bill (8.1922) creating an art commission of the United States, and for other pm·poses. Mr. CHANDLER. "Damages suffered at the hands of the There being no objection, the Senate, as in Committee of the Union forces" sounds to me very much like paying for war dam Whole, proceeded to consider the bill. · ages. Mr. HANSBROUGH. This bill has been read twice. and as I Mr. TELLER. If the Senator desires to have those words have an important amendment which is practically a substitute stricken out, very well. There was a claim made for damages in for the entire first section, I will ask that the substitute be read. the proper sense, but we disallowed that for fear that intention The PRESIDING OFFICER. The amendment proposed by might be conveyed. Nothing is allowed except for such things as the Senator from North Dakota will be stated. the Government took and used and for damage to the building The SECRETARY. It is proposed to strike out all of section 1 by Government occupation. and insert in lieu thereof- Mr. CHANDLER. I suppose the amount is correct, and will That there be, and hereby ic;, constituted and created a body which shall not be objected to, but that clause is certainly objectionable. b~ ~own and designated as the Art Commission of the United States, to Mr. TELLER. I move to strike out the word" damages," if consiSt of_ five persons, other than artists or sculptors. who shall be citizens the Senator objects to that word. of the Umted States and eminently distinguished in literature and the fine arts. Selections for membership m said commission shall be made in the The PRESIDING OFFICER. The amendment will be stated. following manner, to wit: One member to be named by the President of the The SECRETARY. In line 9, after the name "Virginia," it is United States for a term of six years; two by the Senate, one for a term of proposed to strike out" and for damages suffered at the hands of two years and one for a term of four years; and two by the House of Repre sentatives, one for a term of two and one for a term of four years; and after the Union forces." the expiration of the terms above_prescribed the term of office of each com Mr. TELLER. The report will show that no allowance is made missioner shall be for six years. The said commission shall be invested with for damages. the duties and privileges hereinafter mentioned. The amendment was agreed to. The PRESIDING OFFICER. The question is on the amend The bill was reported to the Senate as amended, and the amend ment. m ents were concurred in. Mr. BUTLER. I desire to ask the Senator what is the neces- The bill was ordered to be engrossed for a third reading, read sity for this proposed law, and how it will operate? . the third time, and passed. Mr. HANSBROUGH. I think it must be evidenttoeverySen· ator here, certainly to every Senator who has served on the Com ADDITIONAL MEN .FOR THE NAVY. mittee on the Library, that some such legislation as this is abso Mr. CHANDLER. I should like to ask the Senator from Mary lutely necessary. For my part, I thillk I should prefer not to be a. land, who has given notice of a motion to reconsider the vote by member of the Committee on the Library if I am to be constantly which the Senate passed the bill (S.1404) authorizing the Secre beset almost day and night by people who are interested in the tary of theNavy to enlist additional men for service in the United Government's purchase of works of art. · States Navy, and for other purposes, when it is his intention to The purpose of the bill, as explained in section 1, is to establish have that motion taken up and considered by the Senate? an art commission, the duties of which are set forth in section 2 of Mr. GORMAN. At any time after to-day. I desire to submit the bill. some remarks upon the subject. The action of this commission will not be final. The commission Mr. CHANDLER. Is it the intention of the Senator to bring is simply advisory, and is to report to the two Houses.of Congress, up the motion at an early day? so .that we shall have the benefit of their expert judgment in the Mr. GORMAN. Yes;.at an early day. purchase and management of works of art in this Capitol and in the new Library- building. SENATOR FROM DELAWARE. I stated, when I asked the Senator from Oregon to yield for the 1\Ir. MITCHELL of Oregon. I ask the Senate to proceed to consideration of this bill, that I would not ask its consideration if the consideration of the privileged question touching the right to it led to debate. I think I fully explained to the Senator from a seat of Mr. Henry A. Du Pont, of Delaware. · North Carolina fMr. BUTLER] the other day the purpose of this The PRESIDING OFFICER (Mr. PLATT in the chair). The bill, and supposea that he had become reconciled to it. I hope the Senator from Oregon asks that the Senate now proe-eed to the explanation I have now made will be satisfactory. consideration of the resolution named by him, which will be read. Mr. ALLEN. Let the bill be read in full, Mr. President. The Secretary read as follows: Mr. BUTLER. I ask that the bill be read at length. The PRESIDING OFFICER. Does the Senator from Nebraska. Resolved, That Henry A . DuPont is entitled to a seat in the Senate from desire to have the bill read as originally reported, or as it will the State of Delaware for the full term commencing March 4o, 1895. stand when amended? The PRESIDING OFFICER. Is there objection to the present Mr. ALLEN. As it will stand when amended. consideration of the resolution? The Chair hears none, and it is ~Ir. HANSBROUGH. Let us proceed to perfect the bill by before the Senate. amendment, and then we may have it read in full. Mr. MITCHELL of Oregon. If the bill is going to lead to a long ADJOURNMENT TO MONDAY. discussion, I must interpose. Mr. GORMAN. I move that when the Senate adjourn to-day 1\!r. HANSBROUGH. I will withdmw the bill if it leads to it be to meet on Monday next. discussion. . Mr. MITCHELL of Oregon. I hope that motion will not be The PRESIDING OFFICER. TheSenatorfromNebraskaasks carried. · for the I'eading of the bill as it will read if amended as now pro- The PRESIDING· OFFICER. The Senator from Maryland po~ed. - moves that when the Senate adjourn to-day it be to meet on Mon Mr. HANSBROUGH. Let us proceed to have the bill amended day next. [Putting the question.] In the opinion of the Chair, fu·st, and then it can be read as amended. . the ayes have it. The PRESIDING OFFICER. That depends on whether the Mr. HANSBROUGH. A few days ago I gave notice that to Senator from Nebraska withdraws his request. · morrow at 2 o'clock I should ask the consideration of a certain Mr. ALLEN. I withdraw the request. Let the amendments measure on the Calendar. If it is the desire of the Senate to ad first be acted upon, and then let the bill be read as amended. journ until Monday, I have no objection, and will ask that the The PRESIDING OFFICER. That course will be pursued. special order go over until Monday next. The question is on the amendment submitted by the Senator from Mr. GORMAN. That is right. North Dakota [Mr. HANSBROUGH], which has been read. The PRESIDING OFFICER. That will be the effect of the The amendment was agreed to. adjournment, the Chair thinks. Mr. HANSBROUGH. In line 6 of section 2. after the word The Chair has not yet declared the motion to adjourn until •• art," I move to insert '' and valuable historical records and man- Monday carried. The Chair thinks the motion is carried. In the uscripts." · opinion of the Chair, the effect of the adjournment to Monday The amendment was agreed to. would be to make the matter referred to by the Senator from Mr. HANSBROUGH. In line 11 of the same section, before · North Dakota the special order for Monday next. the word" report," I move to strikeout the words" and complete,'• Mr. NELSON. Has the Chair decided as to whether or not the and insert after the word '' report " the words '' of their findinga. · motion to adjourn over was carried? The amendment was agreed to. \ ) 1896. CONGRESSIONAL -RECORD-SENATE. 2477 Mr. HANSBROUGH. In the same section, line 12, 1 -move to FRANK J. BURROWS. strike out the 1·emainder of the section, and insert" Senate and House of Representatives." Mr. QlJAY. I shall be very greatly obliged to the Senator from The PRESIDING OFFICER. The amendment will be stated. Oregon f.Mr. MITCHELL], if he will yield to me to secure the pas The SECRETARY. In line 12, after the words "to the," it is pro sage of a bill. If it evokes one word of discussion I will with posed to strike out the remainder of the section, as follows: draw it. Mr. MITCHELL of Oregon. The Senator from Pennsylvania President of the United States, a copy of the report to be submitted simul made the req-uest of me prior to that of the Senator from North taneously with the report to the PreSldent of the United States to the Joint Dakota fMr. HANsBROUGH]. He assures me that the bill is very · Committee on the Library of th~ two Houses of Congress. brief ana that it will lead to no debate. If it leads to discussion I And insert: shall be unable to yield. -·· • Senate and Honse of Representatives. Mr. QUAY. If it creates any debate I will withdraw the The amendment was agreed to. request. It is the bill (S. 1183) for the relief of Frank J. BuiTows. Mr. HANSBROUGH. At the end of section 3, after the word A similar bill once passed the Senate. "commission," in line 6, I move to insert" while the same is in There being no objection, the Senate, as in Committee of the session." Whole, proceeded-to consider the bill. It authorizes the Postmas The amendment was agreed to. ter-General to cause the account of Frank; J. Burrows, late post Mr. HANSBROUGH. I move to strike out section 4, as fol master at Williamsport, Pa., to be credited with the sum of $4,022 lows: on account of loss incurred by robbery of that post-office. SEC. 4. That all vacancies occurring in said commission shall be filled by The bill was reported to the Senate without amendment, ordered appointment, as provided in section 1 of this act. to be engrossed for a third reading, read the third time, and passed. The amendment was agreed to. SENATOR FROM DELAWARE. Mr. HANSBROUGH. Now, if the Senator from Nebraska de sires to have the bill read, it is perfected as the committee desire Mr. ;MITCHELL of Oregon. I ask the Senate to proceed to the to have it laid before the Senate. consideration of the resolution in relation to the Senator from Del The PRESIDING OF:F'ICER. Does the Senator from Nebraska aware. desire to have the bill read as amended? The Senate resumed the consideration of the resolution reported Mr. ALLEN and Mr. FAULKNER. Let it be read. by Mr. MITCHELL of Oregon from the Committee on Privileges The PRESIDING OFFICER. The bill will be read as it has and Elections·Febrnary 18, 1896, as follows: been amended. Resolved, That Hem·y A. Du Pont is entitled to a seat in the Senate from the The Secretary read as follows: State of Delaware for the full term commencing March 4, 1895. Be it enacted, etc., That there be, and hereby is, constituted and created a Mr. MITCHELL of Oregon. Mr. President, yesterday, before body which shall be known and designated as the Art Commission of the yielding the floor, I had attempted to demonstrate, so far as! could, United States, to consist of five persons other than artists or sculptors, who shall be citizens of the United States and eminently distinguished in litera first, that under certain express provisions of the constitution of ture and the fine arts. Selections for membership in said commission shall the State of Delaware each and every citizen of that State is pro be m ade in the following manner, to wit: One member to be named by the hibited from exercising simultaneously in that State the offices of President of the United States for a term of six years; two by the Senate, one for a term of two years and one for a term of four years; and two by the governor and State senator. I had further attempted to demon House of Representatives, one for a term of two and one for a term of four strate, and I think I did, certainly to my own satisfaction, that in years, and after the expiration of the terms above prescribed the term of virtue of various other provisions of the constitution of the State office of each commissioner shall be f or six years. The said commission shall be invested with the duties and privileges hereinafter mentioned. of Delaware there is an inferential inhibition placed upon each SEC. 2. That it shall be the duty of said commission to convene semian and every citizen of the State of Delaware from exercising at the nually in the city of Washington for the purpose of examining the art col same time the two offices of executive and legislator, on the plain lections in the Capitol and the Congressional Library buildings, and also to inquire into the condition and make inspection of the Congressional Library ground, as it seems to me, as these several provisions of the con proper, and to examine all works of art and valuable historical records and stitution would seem to indicate, that those two offices and the manuscripts offered for sale or as a donation to the United States for use in functions of those two offices 1 respectively, are incompatible, and the Capitol or Congressiona.l Library buildings. Upon completion of such therefore can not be exercised at the same time by the same person. examination, inquiry, and inspection as aforesaid, it shall be the further duty of the said commission to make annually a full report of their findings, with I had then proceeded further to demonstrate, so far as I could such recommendations as the commission may deem proper, to the Senate before the adjournment of the Senate, that the question whether and Honse of Representatives. ' or not the governor of the State of Delaware had a right to enter SEC. 3. That it shall be the duty of the Librarian of Congress to designate suitable rooms in the Library building as a permanent meeting place for the the joint assembly of the members of the general assembly of the said commission and their successors. The Librarian shall also assign a page State of Delaware and vote for United. States Senator is one that and a messenger to do duty in connection with the work and to be under the the Senate of the United States can inquire into, as claimed by the control of the commission while the s:tme is in session. majority of the committee. I attempted to show, so far as I Mr. :MORRILL. I should like to inquire what the compensation could, that that is a question that is not within the excl-usive juris will be. diction of the Delaware senate; that while in the first instance Mr. HANSBROUGH. No compensation whatever is to be al the Delaware senate has the right, and not only the right, but lowed to the members of the commission. It is supposed that there is impressed upon that body by law a duty to pass upon that there are in this country gentlemen who have pride enough in art question, yet the decision of the Delaware senate upon such ques to pass in an advisory way upon these matters without compensa tion, whatever it might be or may have been, if ever there was a tion. decision-and I say there never was any-is one that is not binding Mr. MORRILL. I should think it very objectionable perma on the Senate of the United States; but on the contrary it is a nently to set apart a room in the Library building for the commis question that remains open, a ·question which the Senate of the sion to meet only once or twice a year, when they might just as United States has the right to determine for itself under the grant well meet at a hotel or in some committee room of the Capitol of power given it by that clause of the Constitution of the United temporarily, or anywhere else. States which declares that each House of Congress shall be the Mr. HANSBROUGH. I suppose as· they will meet but, say, judge of the electionB, returns, and qualifications of its own twice a year, and there being but five of them, a room can be set Members. aside for their temporary use for a short time at least. Probably I then proceeded, before adjournment yesterday, to take up and the commission would not be in session more than a few days at review and answer, so far as I was able, the contentions of the a time, and as the works of art upon which they would have to minority of the committee, as presented in the views submitted pass would probably be displayed in the new Library building, it by them and attached to and made a part of the report of the will be necessary for them to be there more or less. I do not think Committee on Privileges and Elections, and in doing that I had there will be any inconvenience in that. advanced so far before yielding the floor as to approach a consid Mr. ALLEN. I think the bill ought to go over and be considered eration of the three cases cited by the distinguished Senator from some time when it can be debated. Indiana fMr. TuRPIE] in his views, and on which, I understand, The PRESIDING OFFICER. The Senator from Nebraska [Mr. he and those who agree with him rely in the attempt to satisfy ALLEN] objects to the further conside1·ation of the bill. the Senate of the United States that it is utterly without power Mr. GEORGE. Let the bill be printed. to inquire into the question as to whether or not the governor of Mr. HANSBROUGH. I desire to have the bill printed as the State of Delaware had on the 9th day of May, 1895, while exer amended. cising every function of the executive of the State, a right to The PRESIDING OFFICER. The bill will be printed as leave his gubernatorial chair and go back into the chair of the amended. speaker of the senate, enter the joint assembly of the members of Mr. HANSBROUGH. I shall not make further efforts to pass the legislature of the State of Delaware met for the purpose of the bill at this time, but I desire to say that unless we have some electing a United States Senator, there be count.ed as one of those legislation of this kind I shall postively object in future to the members, a,nd there ~nd then cast his vote, and that, too, Mr. Presi purchase of any paintings or statuary whatever for use in this dent, the casting vote, by which the election of a Senator should be building or other buildings upon the say so of anybody. determilled. ) 2478 CONGR~IONAL RECORD-SENATE. MARCH 5, I shall now proceed, Mr. Pr-esident~ to -call further attention to State three yearrB next preceding the meeting of rthe l-egislature the cases cited in the views of the minority. _ . &ter hiB election.; and The only qaestion involved in that portion of the -report of the Fourth. The last year of such term he m.ust have been an inhab- committee in the cases of Clarke and McGinniss vs. Sanders and itant of the county in which he shall be chosen. Powers, cited in the views of the minority, relates to the title of The power, therefore, of the Delaware senate to judge of every persons admitted to seats in the legislative body on certificates of one of these facts~ constituting. each of them, constitutior.ud election and before tn.e very riglrt of such -persons has been a-djudi- qualifications, subject to the exceptions and limitations I have cated. The committee and the Senate in those cases very properly stated, is, it is conceded (n-ot pe:t·haps by the present occupant of held that such certificates carried with them, not only a prirna the chair [Mr. PLATT in the chair], judging from .some remarks fade, but an ·absohtte title, good for all pm_"Poses, until the house he made yesterday) exclusive in the State senate, and the deter itself had adjudicated upon the question. There was no consti- ruination of that body is binding as to the finding of such facts on tutional question involved as to whether any seat was or was not the Senate of the United States. open to occupation; no constitutional q~testion a..s to the right of Mr. GEORGE. Both as to the law and th.e facts? a person to exercise the office of legislator after the happening of Mr. .MITCHELL af Oregon. I stated specificaJly that it is a certain contingency, admitted by all to have occu:rred, and when binding only as to the jacts. no question ef fact is involved in a case where the Constitution Mr. GEORGE. No right to judge of the law? . declares that thB happening of such event shall operate ipso faeto, Mr. MITCHELL of Oregon. As to the finding of fucts the either to create a vacancy, temporary or otherwise, in the office of judgment of the State senate is conclusive and bm.ding on the legislator, or to absolutely disqualify such person from continuing Senate of the United States, but not as to the construction either to exercise the office of legislator for and dmi:ng the period that of the fundamental law or of a statute. That is my position. he exercises the functions of anothe-r offi.ce. There is, however, no exclusive power to judge as to any other A car'Elful reading of the last two pages of the views of the qualification, much less, a fortiori, may it be said, can such sen-ate minority develops the fact that the minority proceed upon the be the exclusive judge of any constitutional disqualification, s.till theory that in considering this case and in d-etermining the ,ques- much less can the senate be permitt-ed to determine exclusizely tion as to the power of the United Sw.tes Senate to inqure in.to any disputed question arising under the fundamental law of tne the right of the governor of the State of Delaware to vote in the State as to w.hether or not a certain seat in the senate is or is not joint assembly of members of the legislature for a United States subject to occupcdion, eith.m· per-manently or temporarily. T.he Senator, we are to close our eyes to everything Telating to th-e acces- oath which the constitution prescribes shall be taken by a sena sion of Speaker Watson to the exercise of the office of governor; tor before he enters upon his duties as such is not one of the eon- , that we are to be oblivious to all those provisions of the Delaware stitutional qurotlifications for such office. It is but a part of the constitution u-pon this subject, and we are asked to believe that, necessary machiner·y through and by which a p.eTson who has by no matter what may happen to a member of the Delaware legis- the senate been adjudged qualified to occupy a seat in the .senate lature subsequent to his admission ·to a seat, provided his right to is inducted into su.eh seat. Therefore, the question as to whether a seat has once been passed upon-whether he has become goy- this has been illegally or co:nstitutionally done is not one whieh ernor of the State, President of the United States, or been hanged the State senate can exclusively determine, or which would be by judicial process, all being in each qase a matter of public binding either here or in a conrl of justice. In such a case record, .notorious and conceded by all-the Senate of the United neither the United .States Senate nor any couTt would be precluded Stat-es must, in judging of the rig.ht of a cL'timant to a seat in this the right or power of inquiring into that questi-on and determ.in body, assume that, unless a record of the Delawa;re senate is pro- ing it for itself, respectively. duced showing that that body has passed upon the question and So, also, is it true when a question arises under the Delaware determined the seat vacant, he is still and must forever remain, constitution notinvolving"S.consideration as to the constitutional at least until the expiration of the term for which he was elected, quali:fi.catiuns of a person to a seat in the senate of that State, a member of that body. That is the claim of the minority of tl:re but ·on the contrary involving the entirely different question, aa committee. is the case we are now considering-that is, as to whether a person In this connection it is well to keep distincllyin view the differ- whose qualificati-ons to a seat have been adjudicated by the sen ence between wbat constitutes a constitutional or statutory qual- ate, .and the person so found to possess the requisite qualifications i:fi.cation of a person entitled to a seat in a legislative body, .and has been legally inducted into office., has either permanently or upon which certainly., in so far as ~l questions of fact a:re eon- tempo-ra1·ily, by any act of his resigned such office, either by a cerned, such body-I now speak of 'the Delaware senate-IS to be direct resignation or by an implied resignation, or a resignation the exclusive judge, and which judgment is binding on the Senate in law, which often occurs, by accepting an office, the duties and of the United States in the manner and to the extent I have stated, functions of which are incompatible with the office of senator and that which, after his qualliications have been adjudicaiied and then that is 1wt a question which the Delaware senate ean ex he has been admitted to a seat, operates to oust a Senator abso- elusively determine, but it must be determined by the United lntely, or to suspend his 1·ight, either absolutely or tempo~_y, States Senate, or any judicial court or o.ther tribunal before to exercise such office. As to the former, as J: have state.d-that 18, which the question may properly arise. as to the quali:fi.cations to a seat-of these., the Delaware semrte is Even had the Delaware senate attempted to decide the question, the exclusive judge; as to the others, such senate is not the exclu- and it never did, and although it had, as a matter of fact, either sive judge. And whenever aquestion involving~thls latter,grow- expr-essly or constructively, decided the same, and it never did .ing out either of the aet of the member himself, the act of God, either, such decision would not and cauld not be binding on the or the operation in a certain contingency of a constitutiona1 pro- Senate of the United States. It would not be a judooom.ent as to vision, is involved in the consideration here, .as to the right of a the constituaonal qualifications of Watson to ·a srot in the Senate. member to a seat in this body, then whether the Delawru.·e senate The question would not have been astowhetherWatson possessed has or has not adjudicated the question matters not. In either the four necessary qualifications to a seat in the senate, but the event the Senate of the United States has tb.e right to inquire question would have been had Watson, although possessed of all into a:nd adjudicate it for itself: And I here asse~ t~ proposi- the four qualifications, and although legally and constitutionally tion a..s the correct rule, growmg out of the constitutional pro- inducted into office, 01' abdicated or resigned his right, either per vision em-powering a State senate t~ ju~ge of the qual:i.fi:cative no · Sl on W a ever In seem to imply a negatwe of all others. stating to the 1896. CONGRESS! ON AL REOORD__!!_BENATE. 2479 doubtful construction-! would ha-ve no hesitation whatev.er in ther~bythe · &mai;orfr.om .Mississipp-i and those who contend with holding to the view that on the accession {)f the speaker of tbe him makes hiscase. Now, which is right? If lam right ineithel." senate of the State of Delaware to the exercise of the office of of my constructions, then Mr. DuPont is entitled to liis seat. If governor of that State, not only the office of speaker of the senate the Senator from Mississippi (Mr. GEORGE] and the Senator from held by him, but also the office of senator held by him became Delaware [Mr. GRAY] and the Sena;tarfrom.Indiana [Mr. TuRPIE] ipso facto absolutely vacant. and the Senators w.ho 511p-port them are right, of course then we Mr. GEORGE. Under the common law? are wrong, and Mr. DuPont should not be admitted. Mr. MITCHELL of Oregon. That undoubtedly is the result But it makes no difference which of the two constructions we of the common-law rule. That, in my opinion as one of the mem suggest is adopted. In either event Governor Watson had no bers of the committee and as one Senator, is the true and proper right m be in the joint assembly or to cast a vote for United States construction also of the DelauJare constitution. Senator. 1\lr. FAULKNER. Mr. President-- .MT. GRAY. In other words, if the Senator from Oregon will Mr. MITCHELL of Oregon. Allow me. But while that is allow me, the Senator thinks he carries a double-barreled gun, true, while that is my deliberate opinion and judgment, I fra~hly and whether he brings down the game with the right-hand ba;rrel confess that there is some room for doubt upon that question, or the left-hand barrel makes no difference. going to this extent, however, only, as to whether the office do.es Mr. MITCHELL of Oregon. No, not a particle; call it double become absolutely 1:-Ucant, or whether ~nly the right_ to exercise barreled if you like. I accept this characterization of my posi the functions of speaker of the senate and of senator tS su.speryled tion. and held in abeyance duri-1-lg the contin'tta3We in tll.e g'libernatorial 1\Ir. THuRSTON. BotlJ. barrels are loaded. office of the person who was speake1· of the senate an-d wh{) SllC Mr. MITCHELL of Oregon. Yes, that is the fact. ceeded to tha.t office. Mr. GRAY. For bear. I think, therefore, that that clause of the constitution and the. Mr. MITCHELL of Oregon. Now, Mr. President, if I may be two clauses which I have defined as the express proviSiaas of allowed after this digression, to which I do not object, I will pro the constitution, and all the clauses taken together, are subject to ceed with my argument. two constructions, and only two, the one being either tha:t the THE JOINT .ASSEMBLY H..A.D ' 0 POWE R TO ADJUDICATE UPON THE QU.ALJ. offices of senator and speaker of the senate become absolutely FICA.TIONS QF THE GOVERNOR TO ..A. SEAT IN THE Sl'..A.T.E SEN...A.TE, DID NOT vacant on the.accession of the speaker to the exercise of the office .A.TT:EMPT TO DOS~ BUT PROTESTED AGATh-sT IDS RIGHT. of governor; the other, if that be not the proper construction, that It will scarcely be contended by anyone., and I believe is not by the right to exercise the ~unctions either of s.p~aker of the senat~ or of senator is, by the plam and express pxoVISl.ons of the constltu the minority of the committee, that the joint assembly for the tion and inferentially by various other pro-visions of the constitu purpose of eleating a Senator had any power to judge of the right tion, absolutely held in abeyance and suspended for and during of the governor to a seat in the State senate. No power whatevel." resided in that body to judge of his qualifications; and hence his the time that this pe?~son continues in the o.tflce of gO'Ve;,nwr. But I hold further that there is no room whatever ro:r the con presence there, voting and presiding, could not possibly have conferred any rights, even had there been acquiescence on the struction, as cla.nn:ed by the minority of the committee, to · ~he effect that when the speaker of the senate succeeds to the exerCJSe of the part of the joint assemb-ly. .As I have already shown, how~ver, office of governor he not onlyrema.ins senator and speaker"'f the sen there was no acquiescence, but, on the contrary, a vigorous pro test from fifteen members of the assembly~ Even though Watson ate, butthathehasaright, whileremaininginthe o~eof gOVB!fior and exercising the office of governor, at the same time to continue had been sena-tor and speaker of the senate on May 9, 1895, de jure to exercise the office of speaker of the senate and of senatm. and de facto, he would not from these circumstances have had Now,! think the Senator from Mississippi understands my posi any pxefe1·ence right over that of any othe~ member of the joint tion and the position of the committee. a sembJ.y to preside over that body. Even m such a case he would Mr. GEORGE. I do not. Will the Senat{)r allow me just a simply have had the right to be present :as a senator to participate word? The state of vacating an o.ffi:ee which leaves the office in the proceedings, without any .authority whatever. in virtue of without an incumbent and the state of suspending the duties of any law, or in virtue of his position as speaker of the senate, to an office are fundamentally different in law. One leaves the office preside over such joint assembly, except by the consent of his vacant so that it may be filled, and the other leaves an incumbent associates. there who can not do anything. I want to know, being funda Mr. GRAY. And the cust<>m of that body. mentally different, whether the committee or the Senator has Mr. MITCHELL of Oregon. Yes. This consent was not given, arrived at a conclusion as to which is the true meaning of the as I have said, out vigorously prot.ested against. -constitution of Delaware. THE DELAWARE SENATE NEVER .A.DJUDICA..TED A.S TO THE RIGHT OF GOV Mr. MITCHELL of Oregon. I have endeavored, so far as I have ERNOR WATSON TO EXERCISE THE OFFICl'l OF SE.I..'l'..A.TOR WHILE EXERCIS the capacity, I frankly confess, to define preci.sely, fullJ:. fra~y, ING THE OFFICE OF GOVERNOR. and fairly, without any mental or other evaswn or eqmv?cation, Having demonstrated, as I believe, quite conclusively that it precisely my own opinion and judgment a.c;:; to the constructiOn that is wholly immaterial, so far as the question here is concerned, should be placed on the constitution of the State of Delaware; and whether the Delaware senate did or did not, either actually or I have undertaken, also, in the same frank manner to define the conEtructively, adjudicate upon the question as to the right of position of the committee. Governor W.atson to a .seat in the Delaware senate and the joint Mr. GEORGE. It is eitheTvacation or suspension. It can not assembly while exercising the office of governor, I shall now pro be both. ceed to show tha.t the co-ntention of the minority that it did so Mr. MITCHELL of Oregon. I say it is one or the other. adjudicate has no foundation wha;tever in fact. And in deter Mr. GEORGE. Oh, yes; all right. mining this matter of fact, the first questi-on presented is: How l\Ir. MITCHELL of Oregon. And, so far as this case is con shall it be determined-whether by the journal entries of the cerned, it does not make one particle of difference which it is, be senate supported by other evidence, or by ex parte afiidavits tend cause in either event Mr. Watson, while governor of the State of ing to contradict the jom·nal entries? Delaware, had no more right to enter the joint assembly and cast a I insist, as do the majority of the committee, tha-t it must be vote for United States Senator than had the SenatorfromMissis determined by the record-that is, by the journal entries. And sippi, or the President of the United States. So what is t~e_us~ while ex parte affidavits in corroboration and support of such {)f getting up a controversy between the Senator from ~HssisSippl journal entries may be properly received, ex pa1·te affidavits con and myself over a matter that is absolutely immat.erial and which tradicting such jo-urnal entries are absolutely inadmissible here, does not affect thi~ case a particle, no matter which way it is de as they would be in any judicial court. -cided? I do not care which way you decide it. I do not care It is by this latter process that the minority and others who op whether you say that the seat becomes absolutely vacant, -or pose the seating of Mr~ DuPont seek to .convince this Senate that whether the right to exercise the office of senator and speaker of the Delaware senate adjudicated inferentially or constructively the senate is merely suspended for and during the time that he upon the right of Governor Watson to exercise the office of sena exercises the office of governor. In either event he had no right tor while exercising the office of governor. And in support of there. this J}roposition they present and file certain ex parte :affidavits. Mr. GEORGE. But they can not both be true, and Ishouldlike Before proceeding, however, to the qu.estion involved in this leg.al for the committee to decide which it is. The position of the com contention, I undertake to say that, conceaing the right of the op mittee seems to me about this: Heads 1 win.; tails you lose. position to offer ex parte affidavits tending to eontradiet the record Mr. MITCHELL of Oregon. Not at aU, Mr. President. The of journal entries, which right a.s a ma;tt:er of law I emphaticaJ.ly Senator from. Mississippi can mak-e .n.D capital before so in.telligent deny, and giving to these affidavits all the credence and effect of a body as the Sen-ate of the United States by any such suggestion or competent testimony, taken in connection with the other testimony argument. I say, and the Senator admits., that the constitution of in the ease, they fall far short of demonstrating that the Delaware the State of Delaware is open to construction. I contend that it senate did at any time adjudicate the questi~:m, either actually o:r is open to two constructions, and only two, either one of whi-ch constl·uctively, as to the right of Governor W a-tsun to exercise the makes my case. That is all there is of it. 'The construction placed functions of senator on May 9, 1895. \ 2480 CONGRESSIONAL RECORD-SENATE. MARcH 5, 'l.'liE WELL SETTLED RULE OF LAW REQUIRES THAT THE QUESTION AS TO In Berry vs. Railroad Company (41 Md., 446,463, 465) Judge WHETHER THERE WAS OR WAS NOT .AN ADJUDICATION BY THE DELA Alvey, delivering the opinion of the court, said: WARE SENATE, SHALL BE DETE&MINED BY THE SENATE JOURNAL ENTRIES, .AND THESE CAN NOT BE CONTRADICTED BY ex parte .A.FFIDAVITS. The question has repeatedly arisen, in several of the State courts of the highest authority, and in all cases, with but few exceptions, it has been held It is a well-settled rule, established, supported, and sustained that neither the printed statute book nor the ordinary authentication of the by more than 120 adjudicated cases in the courts of last resort in statute after its passage would preclude the inquiry into the fact whether morethan20 States of the American Union, as also bytheSupreme the statute, as J?Ublished, had in truth passed the legislature; and, as evidence Court of the United States, that when a State constitution pre ~P;ul 0~h~h~o~~';!~g: ~f~~~t1~ft~s0~lft~~h legislative journals are conclusive again.st either a printed statute branch of the legislature. published by authority or a duly enrolled act, but simply whether This provision requires the yea.s and nays to be recorded in the they are conclusive as against ex parte affidavits by which such journals on the passage of every new act of incorporation. journal entries are sought to be contradicted. If the rule of the I do not think that the principle for which I am contending will courts is as I state, and which I propose to sustain by numerous be denied by any lawyer on the other side. I pass, therefore, to a authorities, then a fortiori may it be said the rule for which I am consideration of the disputed question of fact involved in this here contending can not be otherwise than correct. case. In support of the doctrine that when a State constitution pre The Delaware senate did not, either actually or constructively, scribes such formalities in the enactment of laws as a record of judge of the qualifications of Governor Watson to a seat in the the yea-s and nays on the legislative journals, such legislative senate at any time subsequent to his becoming governor of the journals are conclusive as against a duly enrolled act, I, without State. stopping to read, attract the attention of the Senate to the follow It is conceded by those opposing the seating of Mr. Du Pont ing list of American authorities, State and Federal, which on that whatever occurred in the Delaware senate subsequent to the careful examination will be found to sustain this doctrine : date when William T. Watson entered upon the exercise of the Alabmna.-28 Ala., 466; 4.3 id., 721; 48 id., ll5; 54 id., 599; 57 id., 49; 58 id., 546; office of governor, upon which it is claimed the senate adjudicated 60 id., 361; 77 id., 597; 77 id., 608; 78 id., 411; 78 id., 517; 82 id., 562. the right of Governor Watson to exercise the functions of a sen 4rkansas.-f9 Ark., 25<_); 27 id., 26?: 28ld., 31J; 31}d., 70~~ 32 ig_., 491?: 33 !d., 17; 85Id., 237; 40 Id.. 200; 41 Hi., 471; 44Id., 536; 48 ld., 3t0j 49Ia., 32iJj 511d., 559. ator, took pla.ce on May 9, 1895, the day on which Mr. Du Pont California.-8 Sn.wyer, 238: 54 Cal., lll; 69 id., 479; 80 id., 211. claims to have been elected. It is not claimed, moreover, that ColOI·ado.-5 Colo., 515; ll id., 489. there was on that day any formal or express adjudication of such ~rida.-20 Fla., 407; 24 id., 293. fllinois.-14 lll., 297; 17 id., 151; 19 id., 283; 19 id., 3.9A; 25 id., 181; 35 id., 121; 38 right, but simply an infe?·ential, a constructive adjudication, id., 174j 4.3 ift., 77;, 44 id., 91;, 45 id., 11~; 62 id., 2Q?; 63 id., 15~; 68 i4·· 160; 70 id9.' arising out of the presence of the governor in the senate and 166; 70 Id., 659; 74ld., 361; 77 ld., li; 81 ld., 288; 93 1d., l!Jl;_ 98 ld., 156; 120 Id., 332; acquiescence by the senate. Such being the claim, it becomes of 122 id., 420; 94 u.s., 260: 102 V· s., 683; ~03 U: s., 6_97; 106 u. f?., 66~. . Kansas.-12 Kans., 384; 1a 1d., 194; 171d., 62; 2!1d., 700; 26 1d., 724; 28 1d., 243; the first importance to ascertain precisely what occurred on that 35 id., 545; 41 id., 200. date. Maryland.-41 Md., 446; 42 id., 203; 48 id., 292: . . • What did Governor Watson do on that day in connection with Michigan.-.2 Gibbs, 28?; 1 Doug~ass, 351; 2 ~d., 19l; 13 "¥Ich., 481; ~6 1d., ~: 22 id., 104; ~7 ld., 520; ?5 ld., 9!i 99 ld.., 610; 6! ld., 385; 72 ld., 446; 79 ld., 59; (9 the Senate and the joint assembly, and what did the Delaware sen id., 595; 80 1d., 598; 83 ld., 13; l:S4Id.1.. 408. ate and the joint assembly do? It is conceded by those favoring the Minnesota.-2 Minn., :Jro; 24 id., 'tS; 31 id., 472; 38 id., 143; 45 id., 451. seating of Mr. DuPont, and I concede, that on May 9, 1895, a few Missoul·i.-60'Mo., 33; 71 id., 266, Nebraska.--4 Nebr., 503; 9 id., 125; 9 id., 462; 17 id., 389; 18 id., 236; 20 id., 96; moments only before 12o'clockmeridianon that day, he, Governor n id., 647; 24 ~d., f!86· . ,.,~ . . . ~ Watson, who from April9, 1895, when he entered upon the exer Ohio.-5 Ohio, 858; 3 Ohio S~te;.fJa; 20 1d., 1; M1d., 348; 45 Id., 254. cise of the office of governor, had not exercised or attempted Oregon.-11 Oreg., 67, 71; 14 1d., ~· . . SouthCarolina.-2 S.C.,150; 1lld.,262; 12Id.,200; 13Id.,46. to exercise any of the functions or duties of either State senator Tennessee.-3 Lea,332;., 4 id.,608; 6 id.,549; B6 Tenn., 732; 87 id., 163. or speaker of the senate, entered the senate chamber, and, the UnitedStates.-94 U.;:;.,260; 103id.,683; 103id.,697; 105id.f667. speaker pro tempore of the senate leaving the chair for such pur Virginia.-79 Va.,269. West Virginia.-5 W. Va.,85. pose, resumed such chair, all the business for that day and in Wisconsin.-20 Wis.,501; 45 id.,543; 64 id.,323. fact for the entire session having been concluded; that he took no lVyoming -1 Wyo.,85; 1 id.,96. part in any of the legislative functions of the senate; that on The constitution of Michigan contained the following clause: taking the speaker's chair he immediately made this announce ment: No public act shall take effect or be in force until the expiration of ninety days from the end of the session at. which the same is passed, unless the leg The hour of 12 having arrived, the Senate will proceed to take part in the islature shaH otherwise direct, by a two-thirds vote of the members elected joint assembly. to each house. That he then proceeded with the members of the senate to the In People vs. Mahany (13 Mich., 481, 492) Mr. Justice Cooley, hall of the house of representatives, where the members of the delivering the opinion of the court, said: two houses met in joint assembly to vote for a United States Sena As the court are bound judicially to take notice of what the law is we have no doubt it is our right, as well as our duty, to take notice not oi;iy of the tor. In this joint assemblyGovernorWatsonassumed to ac.t and printed statute books, but also of the journals of the two houses, to enable did act as chairman. Twenty-eight ballots were taken for United us to determine whether all the constitutional requisites to the validity of a States Senator. Immediately after the last ballot was announced, statute have been complied with. '.rhe printed statute is not even prima facie Senator Alrichs, on behalf of himself and the 14 other members of valid, when other records, of which the court must equally take notice, show that some constitutional formality is wanting. the joint assembly who had voted for Mr. DuPont, presented in said joint assembly the protest to which I have already called at The constitution of California contained the following provision: tention, and which I ask to again insert in my speech for conven No bill shall become a law without the concurrence of a majority of the ience at this point. It is as follows: members elected to each house. After the last ballot had been taken in said final joint assembly and before In the Railroad Tax Case (8 Sawyer, 238, 293) Judge Sawyer, the two houses separated I, on behalf of myself and the 14 other senatora voting with the concurrence of 1\Ir. Justice Field, said: for the said Henry A. DuPont, arose and presented the following challenge, protest, anci demand: On March 4, the house considered the senate amendment, and, upon a call "I very respectfully challenge the correctness of the announcement of thiR of the yeas and nays, as required by the constitution, thirty-nine members >ote and ·divers preceding votes, and do now most respectfully insist and voted for the amendment, and thi'l'tJJ-two against it, there being four paired demand that Henry A. DuPont be now declared elected S~nator for the unex and not voting; thus the votes, in favor of the amendment, were two less pired term of six years commencing on the fourth day of March, A. D. 1895, than a majority of members elected to the house, and the bill failed. * * * rnasmuch as it is now respectfully insisted that this joint assembly consists All this appears upon the journal. * * * The bill therefore, was never of twenty-nine members, the honorable gentleman now undertaking to pre constitutionally passed, and never became a law. Under the decisions of the side and participate therein being governor of the State, and not now a courts, upon constitutional provisions in all respects similar to that in the senator." present constitution of California, it is settled that the court, to inform itself, After the presentation of the forel?oing challenge, protest, and demand, will look to the journals of the legislature. and without taking any further ballot, the joint assembly finally separated In with a declaration from William T. Watson that no person had been elect~ Spangler vs. Jacoby (14 ill., 297, 300) the court said: Senator in Congress for said term. The act in question was signed by the speakers of the two houses, and it SAMUEL ALRICHS. received the assent of the executive. Prima facie, therefore, it became a law. But the journal of the house of representatives fails wholly to show that it These are the facts, as verified by the journal entries and affi was ever put upon its final passage in that house; in other words, it does not davits filed on behalf of Mr. DuPont and in support thereof. appear that it passed with the concurrence of a majority of the members Those opposing the seating of Mr. DuPont have presented the elect of that body. The act did not become a law in/ursuance of the pro visions of the constitution, and it is therefore null an void. The judgment affidavits of Robert J. Hanby, a State senator; William T. Rec is reversed. ords, speaker pro tempore of the Delaware senate; Charles A. 1896. CONGRESSIONAL RECORD-SENATE. 2481 Hastings, clerk of the senate·; John B. Pennington and Edward 1st day of January, A. D. 1895, until the day of its adjournment without day D. Hearne, citizens of Dover, Del.; Cyrus Cort, chaplain of the on the 1st day of May, A. D.1895- senate, and Henry T. Watson, governor of the State. That is a misprint. It should be the 9th of May, 1895- The purpose of these ex parte affidavits, contradictory as they excepting a period covering about a week occurrin~ during the lifetime of Governor Marvil, and excepting about one day durmg the period following all are of the senate journal entries, and therefore not proper to the taking the oath of office as governor br William T. Watson; that after be considered, is to prove that Governor Watson, after resuming the said William T. Watson took the oath o office ae governor at the time of the seat of speaker of the senate on May 9, 1895, exercised certain the death of the then Governor Joshua Marvil, he never took pa:~:t in the leg islative functions of the senate; that he never joined the senators in the diS legislative functions, the senate consenting thereto, and that thus charge of their duties except on the last day of the session, as hereinbefore his right to act was constructively adjudicated by the senate. set forth; that during the session of the legislature of Delawarehconvened at To these several affidavits I wish to call particular attention. Dover on the 1st day of January, A. D.1895, and lasting until t e 9th day of First, I call attention to the affidavits presented on behalf of Mr. May, A. D. 1895, it was well known to Governor William T. Watson that this deponent had, with others, throughout the said session of the legislature, Du Pont. These are affidavits of certain senators and others voted for George V. Massey for United States Senator. who were present on that day, and who in their affidavits state That, then, is why he went and talked to him, to see whether what they understand to have occurred on that day. The first to he was going to continue to vote for Massey. If he were going which I will call attention is the affidavit of State Senator John to continue to vote for Massey, then, inferentially from what the M. C. Moore. After stating that he is a senator, etc., and that he governor said, he would not go into the joint assembly; but if he was present there on that day-! do not desire to encumber the were not going to continue to vote for Massey, but was going to record by reading the whole affidavit-he says : vote for Henry A. Du Pont, in that case he would do it for the That when the senate convened in the said final legislative session at 11 purpose of defeating Mr. Du Pont and an election. I read further o'clock a.. m., on the said 9th day of May, A. D. 1895- from this affidavit of Senator Moore: It convened on that day at 11 o'clock a. m.- And your deponent was led to believe by the acts and words of Governor William T. Records, speaker pro tempore, occuvied the speaker's chair and William T. Watson, and does believe, that be, Governor Watson, would not presided over the sesSion, received and put motiOns, and voted on bills; that have undertaken to participate in the election of an United States Senator on the said W illiam T. Reoords, speaker pro tempore, continued to occupy the the last day of the session as above set forth if he had not assured himself speaker's chair until neartlte hour of 12 o'clock, noon, and until the senate was that this deponent would not continue voting for the said George V. :Massey, just about to proceed to the hall of the house of representatives to take part and that the said deponent was led to believe by the acts and words of Gov in the joint assemblyjor the purpose of electing a United States Senator; ernor William T. Watson, and does believe, that he, the said Governor Wat that while the said William T. Records, speaker pro tempore, occupied the son, undertook to participate in the election of an United States Senator on speaker's chair as aforesaid\ being from the beginning of the session at 11 the said last day of the session of 1895, to wit, on the 9th day of May, 1895, in o'clock until within a few mmutes before 12 o'clock, noon, Governor William order to prevent the election of Henry A. DuPont as United States Senator T. Watson did not receive and Y,Ut motions, and did not vote on bills then from the State of Delaware. pending before the senate, and did not in any manner participate in the legis lative functions of a senator ; that on the day of the said last session of the I now call attention to the affidavit of Senator George F. Pierce, senate of Delaware, while William T. Records, speaker pro tempore, occupied filed in the case and a part of it. The affidavit is in the third per thespeaker'schair,nearthehourofnoonon that day, being, so far as I can remember, about fifteen minutes of 12 o'clock, Governor William T. Watson son, and not the first person. After stating that he is a senator came into the senate chamber and occupied a chair beside me at my desk. elect from Sussex County, that he took his seat, etc., he says: Now, according to this affidavit he came into the senate cham That he was present in the senate at its final session, which convened at 11 a. m. on Thursday, May 9, 1895, and after a session of one hour, ended at noon ber 15 minutes or about that 'Of 12 o'clock; he· did not then resume on said day, when the senate, without motion, proceeded to the hall of the the speaker's chair, but he came and occupied a seat beside Sena house of representatives and took part in the joint assembly then convened nor Moore, who makes this affidavit: for the election of a United States Senator; that during said hour-from 11 until 12 o'clock-the senate was presided over by William T. Records, its The conversation which occurred between us was as follows: Governor speaker. Watson said to me, "Mr. Moore, I want to talk with you. I believe you will tell me just as it is. Is Mr. Massey out of this thing? The senator says that from 11 until12 o'clock the State senate Mr. Massey was one of the candidates for United States Sena of Delaware was presided over by Records, the speaker pm tem tor. pore. Consequently it was not presided over from 11 until 12 I said to him in reply, "Governor, be is; we are not going to cast another o'clock by the governor of the State, as contended. ballot for Mr. Massey_nor no other man who has been balloted for except That about ten minutes before the hour of noon William T. Watson, gov H enry A. DuPont. He will be elected on the first ballot in the joint ses ernor of the State of Delaware, being in the chamber, came and took a seat sion." To which Governor Watson replied to me, "If that be the case, I alongside of this deponent, and said to him: "I am goingintotbe joint assem shall take my seat." bly and vote for a Senator." This deponent said: ·'You are going to do what?" He answered: "I am going to preside over the jointassemblr, to-day In other words, if this senator tells the truth under oath, th5 and vote for a United States Senator." This deponent then said: ' Do you question that was to determine the governor of the State as to think that is right?" Governor Watson answered: "No, I do not; but my whether or not he would resume his seat as senator and as speaker party has overruled me." This dej>onent answered: "'.rben I suppose there IS nothing I can say now that would change your mind?" to which Watson of the senate and enter the joint assembly was whether or not a replied: "No; my mind is fully made up." certain man who had been voted for for Senator was in or out of the race. So, then, Mr. President, according to this affidavit, which cor roborates the affidavit of Senator Moore, the governor of the State Against this- came into the senate and took a seat beside this affiant at about 10 ! now continue the reading of the affidavit of Senator Moore minutes to 12 o'clock, and that the speaker pro te:mpm·e, Records, r remonstrated, and said to him, "Governor, I hope you will not do it. I think too much of you as a man for you to .do it." That was the last of our occupied the chair from 11 to about 12 o'clock, when the governor conversation. He made no reply to my remonstrance. He arose and went took the chair. I will read further, however, from the affidavit: over to the desk of George Fisher Pierce, a senator, and one of my colleagues Throughout the hour- from Sussex County, where I saw him take a seat near Senator Pierce. That is, the hour from 11 to 12 o'clock- It was only fifteen minutes before noon, it will be observed, William T. Records presided as speaker, put all motions, and performed when he came into the senate chamber,accordingtothis affidavit, all the duties belonging to the office. Just as the hour of 12 arrived and the and took a seat beside Senator Moore. Then this conversation senate were about to proceed to the hall of the house of representatives to occurred. He did not then take the chair as speaker, but went over take part in the joint assembly, William T. Records left the speaker's chair, William T. Watson took it, and all he did, to the best of this deponent's recol and took a seat beside Senator Pierce, one of Senator Moore's col lection, as speaker, was to announce that, "The hour of 12 having arrived, leagues. I read further from Mr. Moore's affidavit: the senate will proceed to take part in the joint assembly." That deponent remembers that William T. Records, speaker pro tempore, Senator Pierce further states in his affidavit: just about the hour of 12 o'clock noon- On the day following, between the hours of 11 and 12, in the town of Milford. " Just about the hour of 12 o'clock noon"- where we both reside, I met Governor Watson at the Central Hotel. Several on the said 9th day of May, A. D. 1895, left the speaker's chair. persons were present; among them I recollect Napoleon Gray, though I can not remember who the others were. They were sitting in a room generally He did not leave it at 11 o'clock, nor half past 11, nor fifteen min used by commercial travelers for exposing their samples. While the party utes of 12, nor ten minutes of 12, nor five minutes of 12, but "just was sitting there, William T . Watson took a paper out of his pocket, and without saying anything handed it to me. I read it and handed it back to about the hour of 12 o'clock noon." him without sayin~ anythl:;;:g. The paper, as I recollect it, to the btlst ot my · Whereupon Governor William T. Watson proceeded to occupy the said knowledge and belief, read about as follows: "We, the undersigned, pledge speaker's chair. ourselvestovotefor John EdwardAddicks, fi.rst,last,and all thetime." I think there was a line or two more, but I can not recollect what it was. This According to this affidavit, then, it was about the hour of noon, paper was signed by Newell Ball, Charles Moore, John Robbins, and Robert and not until then, that Mr. Records, the speaker pro tempore, J. Hanb:y._ The first three were members of the house of representatives, left the chair, and the governor of the State came in and took the and Mr. Hanby was a member of the senate. chair of speaker of the senate. I read further from the affidavit I next call attention to the affidavit of Senator Samuel Alrichs, of Mr. Moore: a member of the Delaware senate, who, after stating that he is a And this deponent remembers that after the said Governor William T. member of the senate, says: Watson took his seat as aforesaid be took part in no legislative functions of That he was present at the final legislative session of the senate, held be· the senate other than what related to proceeding to the hall of the house of tween the hours of 11 o'clock a.m. and 12 o'clock noon on the 9th day of May, representatives,~~by the senate, for the purpose of attending the joint assem A. D.1895; that this deponent was present throughout the entire session; that bly to elect a united States Senator; that Governor Watson announced, he presented, as chairman of the committee on judiciary, a number of bills "The hour of 12 having arrived, the senate will proceed to take part in during that session, and that he voted on all bills and motions that were be the joint assembly;" that the said deponent attended the session of the legis fore the senate; that William T. Records was the speaker in the chair when lature of Delaware froni the day on which it was convened, to wit, on the the motions were put by this deponent on the bills aforesaid; that William '1'• .X.XVIII-156 \ ) 2482 CONGRESSIONAL RECORD-SENATE. ~ MARCH 5,· Watson entered the chamber shortly before the hour of noon, but did not the 9th day of May, 1895. His affidavit is brief, and I shall read take the chair until just after the legislative business was ended- the whole of it. It is as follows: ! call especial attention to this statement. This affidavit states that the governor did not take the chair until after the Zegislati1:e STATE OF DELAwARE, Kent County, ss: business of the senate was ended, which is precisely the same thing Be it remembered that on this 28th day of January, A. D.l896, personally came before me, William E. Rigg~>, jr., a notary vablic of the State of Dela.- - stated by Senators Moore and Pierce. I read further from this ware, resident in Kent County, William T. Watson, who, being by me duly affidavit- sworn according to law, did depose and say that he was elected speaker of the senate on the lstday of January,A. D.l895,and on the 9th day of April of and just as the senate was about to proceed to the hall of the house of rep the same year, after the death of Joshua Marvil the duly elected and quali resentatives to take part in the joint assembly: for the election of a United fied governor of the State of Delaware, assum;l the exercise of the office of States Senator i that this deponent has no recollection that the said William governor; that on the 9th day of May, A. D.l895, between the how·s of 11 and T. Watson pres1ded, or undertook to preside, over the senate during said ses 1.2 o'clock m., this affiant entered the senate chamber, whereupon William T. sion that morning, or that he put any motions, voted on any bills or other Records, speaker pro tempore, vacated the chair and he, this affiant, took motions whatever as senator or speaker until just as the senate was about to the same and presided over the senate until the hour for the two houses proceed to the hall of the house of representatives to take part in the joint to assemble in joint meeting arrived, and then announced the same assembly, when he took the chair, and made the announcement that the hour and proceeded at the head of the senators into the hall of the house of repre had come for that purpose, and proceeded at the head of the senate to the sentatives, where he presided over the joint assembly from the beginnin~ to hall of the house of representatives. the end thereof and voted upon all questions which arose durin~ the sesswn, no objection having been made to his so presiding or voting until at or about I now call attention to another affidavit as bearing upon this the time the last ballot was taken, when Se:nator .AZ1•ichs 1·ead a written pro question, because it is claimed on the part of the minority-and test against his right to so vote and p·reside; that while he presided over the sen ate on that day in its chamber he voted upon one bill at least, and announced that claim I am endeavoring to answer-that in virtue of what its passage by the senate; thathereceivedandput motions made by senators took place in the Delawa1·e senate between the hours of 11 and 12 and was addressed as speaker of that body, and that no objection from any o'clock on l\Iay 19, 1895, the senate of Delaware adjudicated con quarter was made to his acting as ;presiding office1· of the senate and other if wise participating in the proceedings thereof while in session during the structively, not actually, upon the right of the governor of the hour aforesaid. State of Delaware to exercise the functions of a State senator, WILLIAM T. WATSON. a claim which I deny, and which I am endeavoring to refute by Sworn to and subscribed before me the day and year aforesaid. the testimony to which I am now attracting the attention of the [SEAL.] WILLIAM E. RIGGS, Jn..\ Senate. - Notar~J Puolic. Edgar T. Hastings was clerk of the house of representatives of Mr. President, there is nothing in that affidavit from beginning the State of Delaware, and he makes an affidavit on the 14th of to end which contradicts any one of the affidavits which I have January, 1896, which is a part of the record in this case, in which heretofore read as to the time on that day when Speaker Watson, he says: or Governor Watson, or whatever he may properly be called, took I am the clerk of the house of representatives of the State of Delaware, the chair as speaker of the senate. The affidavits which I have having been elected thereto at its organization on the 1st day of January, heretofore read say that he took the chair about the hour of noon, A. D.l895. As clerk of the house, I recorded the proceedings of the legislative and after an the legislation had ended. Wh"t does Governor Wat sessions of that body, and also th.e joint assembly of the two houses of the legislature of the State of Delaware, as convened for the election of a United son say? He says- States Senator from the State of Delaware. Both the house of representa That on the 9th day of May, A.D.l895, between the hours of 11 and H o'clool' tives and the senate held their last legislative session between the hours of m., this affiant e:ntered the senate chamber. 11 a. m. and 12 noon on Thursday, the 9th daY of MaY· A. D.l895. From the time of the death of Governor:Marvil, William·T. Watson, there "Between the hours of 11 and 12 o'clock m." Just when be tofore speaker of the senate, took no part in its meetings, and did not preside tween those two hours the governor does not state. Did he enter in said body at any_ time t~t I was therein, nor did h~ ~ake any part in the at fifty-five minutes to 12 N..ow I call attention to-this: ; -m_{ffiy, bu.t.isfl:Uly eontradieted by the -record of jou:rnal entries" Some~metJetween:the/wur.sQf11o'clo-dka.m.vf"thatilayurul~.e'.olmiknoo.-n, · wilich gives the yea :and nay ':ote on ev~ry ·m:e of the -six b~ ;and~e~e sena.~was .m sessioniniU;;uwn:chambet:at~ndingtotheregu- . passed the ·senate -on that date, m not a smgle mstance of whl~h 1ar legislative. ~nctions 1mp.osetl upon It by the constitution of ~ State of doos the name -of Governor Watson Speaker Wat-son -ar .Senator Delaware, William T. Wa.tson, speaker of the senate, and at that time exer· w~n:-- T W t . hi1 .' ch th ',., .,..,..t. cising -the office of ~overnor, entered the sen:rle chamber :ana :resumed the . :I.L:l.lC.Wll -· . a son appear! w · :e m ea ~ase e s~e.r pro speaker's chair, which was thereupon-vaca-ted by William 'T~ Records., who tempore,"' and not Records, 1-s recorded as votmg, the latter sname, ihad peen elected .speaker pro tempore .of the sena;te during the.absence of ":speaker pJ•o teJnpore/' being called and recorded as the person W~m~.Wats~n.speaker .. Nowordofpretest-wasbeardfromanys~ator laSt voting andnotbemg' recorded in the alphabetice.al call of the ·questionrng the nght of William T. W a.tson to resume the spea.k~r"S chair and - . ' . 'to exercise his functions as a senator. William T. Watson continued to pre- roll, winch would have placed his name between those of Senator :side as speaker o~ the sena~ uutil12_o'clock-noon _of May 9, 1~9:J, when ~e de- Mo~e :and Senaror Pi~ce. -cla.red that the time had m·twed for the reeouvemng ofthe JOint.meetingoi The final round-up of the testimony in -opposition to the .seating ~wo hotin~cs, edtcto. . .::~ .b t ...... :~,., d thi" ·tn . t...._~ th t :of Mr. Du Pont is by Cyru_s Cort, chaplain of the senate. He, like ..o.e -con ue · -preSlu.e-; u . "'uen oes . 8 WI _ ess 8 iiournment of .,_PL. e sa·nate at -1_ 90 o~cli'V>k. _ That reco,-rd as .Senator ~poll becoming President of the United States might have some the final ad... :WJ. u _LQ vv "' w.eight with ±he Senate in considering the seating of Mr. Dn Pont. He .shows tha;t during this tim-e th~e were .six roll calls on the pas- -seemed inilignant, a;;nd 'blurted out in -an an.,arymanner, "What's that got to f bills .o-iL. .and a s of senat"'~ bemg entered -on the -do with it1 If you would read ca little yon m .ight know 'SIDiletlrin:g."' I ·sage 0 · · ' 'w-e y-eas · n :Y . u.o.<> replied au.iet1:y that .'his '1'6-ms.:rlr was a ¥e-ry foolish -one, th.at I did not know .record, and in not a single instance does the name -of either that he had ever been -credited with superior wisdom or lea;rnmg, .and that .S_peaker Watson or Willia.m 'T. W.atson a_ppea-r; but, on the eon- neith:erof our opinions wasworth-verymuehinthemll.tter. He then quickly :ttary, in every -on-e Qf them is the spea1ter pt•o tenvpore room·.ded. .a.nd excitedly drew .fi·om .his J>06ke-t.a felded piece of writing_pa-per .and said now ·ca]l attention to theaffidavit of Senator William T. Rec- "'Read this." Ito.okthepaperan:dz-esdthewritingthrongh. Itwasanagre.e I men.tbatw-esn.R:obertJ. .Hanby,Nt~wallBall, CharlesMoore,and.fclmRobhlns, .ords, speaker pro tempore -of -the :senate, :filed in -0pposition to the -me-mbers -of the Delaware i~gislature, signed with their names .and to the ef seating of Mr. Dn Pont. He, in this .affi-d-avit, after stating that fectthattheywonld voteforJ.Edw.ardAddiriksforU:n:itedStatesSenatorand he was a sena-to1· from Sussex County and ha.d been elected SnAaker that they would not vot~ for ani:~:r:e else, even though no Senato.r should be ~~ e-lected. Asl passed the paper U'&ek to the,goV€XD.Ol' oo·sa.id, '' W.at~;/dn't1/{YU pro te:mpo:re of the senate April '9, A. D.1S95, says that- ha;ve«ctro-as.I-did 'tJ/1Uler .mwhciA·cu1nsta;nces?'" I evaded hi-s question by say- Between too hours of 11 an-d .12 o'<:lock on the .morning of the 9thdaycl ing .....Are the signatures g-ennine?" -and b:e r~plied., "Of-eourse they a;r.e; l.ook May, A. D. 1895., William T. Watson-entered the senll;:te-ch-a.mber, the·sena.te .aga.in.,•• rand he passed the pa,per to .me for the second time. I ;read it being then in session, and took the chair as speak.er·af the senate; that he-oon- , through again and examined the signatures, re:rruu·king that I was not tinned to preside over the sena-te m:ttil 12 o'clock meridian; that while he - .familiar with.theantog:ra:P-?sof thestnnen, but that -the n:anres were in iliffer -continned to so preside he voted in the affirmative upon .at least one co-rpora- ent handwritings.. Be.said that hewasnot-familia.r·w:ith theautograjilis.af the ti bill and de_, __ d t-..-;t- ._..._ 'd bill h d d th te 1't .ha · men, but that he was mtre:the .na.nms w~re.g-e:nnine.. The govenw1·a1Bo thing that took place on that day, the journal entries of every clearness and power the distinctions to be observed between the motion that was put, of every bill that was passed, of every vote several departments of the Government, and pointed out with that was taken. There were several yea-and-nay votes, and that great ability the necessity of maintaining just constitutional record discloses the damaging fact that Mr. Watson's name was restraints and just divisions of political power in order that not mentioned once in any l'Oll call on any motion made; not men liberty, the first purpose of a free people, should be preserved. In tioned as speaker, not mentioned as having done anything. It that great speech he used the following language: does not appear that he was there; and, so far as the record is con The first object of a free people is the preservation of their liberty; and cerned, he never was there. On the contrary, the record shows liberty is only to be preserved by maintaining constitutional restraints and that the person who presided that day, and all of that day, was just divisions of political power. Nothing is more deceptive or more dan gerous than the pretense of a desire to simplify ~overnment. The simplest Mr. Records, the speaker pro tempore of the senate, and not Mr. goverments are despotisms; the next simplest, limited monarchies; but all Governor Watson or Mr. Speaker Watson. republics, all governments of law, must impose numerous limitations and So whatever view is taken of this case, Mr. President, whether qualifications of authority and givc many positive and many qualified rights. In other words, they must be subject to rule and regulation. '£his is the very we stand by the record alone-ar.,...J that is where we ought to essence of free political institutions. stand-or whether we consider the affidavits only in support of The spirit of liberty is, indeed a bold and fearless spirit; but it is also a the record, and they can properly be considered, or whether we sharp-s1ghted spirit; it is a cautious, sagacious, discruninating, far-seeing intelligence; it 1s jealous of encroachment, jealous of power, jealous of man. go a step further, and break down all rules of Jaw, and consider It demands checks; it seeks for guards; it insists on securities; it intrenches the affidavits filed in opposition to the claim of Mr. Du Pont itself behind strong defenses, and fortifies itself with all possible care against which tend to contradict the record-whether we do the one thing the assaults of ambition and passion. It does not trust the amiable weak nesses of human.n~ture, and therefore it will not permit power to. o':erstep or do the other, in any view and in every view, we can come to its prescribed lumts, though benevolence, good mtent, and patnotlc pur but one conclusion, and that is, that the governor of the State did pose come along with it. Neither does it satisfy itself with flashy and not enter the senate chamber until about the hour of noon, and temporary resistance to illegal authority. Far otherwise. :rt .s~eks for then. after all le{Jislative business had been transacted; and that, duration and permanence. It looks before and after; and, buildmg on the experience of a~es that are past, it labors diligently for the benefit of aBes therefore, in the very nature of thin~s, there could not possibly to come. This 1s the nature of constitutional liberty, and this is oul' ub have been any constructive adjudication by the Delaware senate erty, if we will.rightly ~ndersta.nd and preserve it. Every .free gov~rn• mentis necessarily complicated, because all governments establish r estramts, of his right to exercise the office of senator while exercising the as well on the power of government itself as on that of individuals. If we office of governor. I leave that branch of the case, Mr. Presi will abolish the distinction of branches and have but one branch; if we will dent, and come for a few moments to a consideration of the great abolish jury trials and leave all to the judge; if we will then ordain that the legislator himself shall be that judge, and if we will place the executive American doctrine of the complete independence of the several power in the same hands, we may readily simplify government. We may departments of Government-Federal and State-which should easily bring it to the simplest of all forms-a pure despotism. But a separa not be lost sight of in the consideration of this case. tion of departm,ents, so fal' as practicable, and the preservation of clem·lines of division between them, is the fundamental idea in the creatimt of all our THE UNION OF EXECUTIVE AJ'\'D LEGISLATIVE FUNCTIONS IS ABSOLUTISM OR constitutions; and doubtless the continuance of regy,lated libe1·ty degnds on DESPOTISM ON THE ONE HAND, AND SL.A. VERY ON THE OTHER, WHETHER maintaining these boundaries. (Works of Daniel Webster, volume IV, page UNITED IN ONE MAN OR THE MANY. 122.) Dr. Lieber, in his work on Civil Liberty and Self-Government, And still further Mr. Webster proceeded- says: Mr. President, the contest for ages has been to rescue liberty from the grasp A principle and guaranty of liberty, so acknowledged and common with of executive power. Whoever has en~aged in her sacred cause, from the the Anglican people that few think of its magnitude, yet of really organic days of the downfall of those great an<>tocracies which had stood between and fundamental importance, is the division of government into the three the king and the people to the time of our own independ1:moo, has struggled distinct functions, or rather the keeping of these functions clearly apart. for the accomplishment of that single object. On the long list of the cham It isha,s has been mentioned, one of the greatest political blessings of Eng pions of human freedom there is not one name dimmed by the reproach of land t at from a very early period her courts of justice were not occupied advocating the extension of executive authority ; on the contraryd the uni with "administrative business," for instance, the collection of taxes, and form and steady purpose of all such champions has been to limit an restrain that her Parliament became the exclusive legislature, while the Parliaments it. To this end the spirit of liberty, growing more and more enlightened and of France united a judicial, legislative, and administrative character. The more and more vigorous from age to age, has b zen battering for centuries union of these functions is absolutism or despotism on the one hand and against the solid butments of the feudal system. To this end all that could slavery on the other, no matter in whom they are united, whether in one be gained from the imprudence, snat.ched from the weakness, or wrung from despot or in many, or in the multitude, as in Athens after the timl\ of Cleon the the necessities of crowned heads, has been carefully ~athered up, secured, tanner. The En~lish political philosophers have ~ointed out long ago the and hoarded, as the rich treasures, the very jewels of liberty. necessity of keepmg the three powers separate in a. 'constitutional" govern To this end popular and representative right has kept up its warfare against ment. Those, however, who have no other definition of liberty than that it prerogative with various success; sometimes writing the history of a whole is equality, disca!'d this !'llvision, except, ~ndeed, so far as~ the mere conven age in blood.J sometimes witnessing the martyrdom of Sidneys and Russells, ience of transacting busmess would requtre (pages 154:,.155). often bafflea and repulsed, but still gaining on the whole, and holding what The court of errors and appeals of the State of Delaware, in the it ~ained with a grasp which nothing but the complete extinction of its own bemg could compel it to relinquish. At length the great conquest over exec case of Rice vs. Foster (4 Harrington, 485-487)t drew with clear utive power in the leading western states of Europe has been accomplished. ness and distinctness the line of separation between the three The feudal system, like other stupendous fabrics of past ages, is known branches of the government established by the constitution of the only by the rubbish which it has left behind it. Crowned heads have been State of Delaware, among other thingst in their opinion, saying: compelled to submit to the restraints of law, and the people, with that intelligence and that spirit which make their voice resistless, have been If we consider the peculiar situation of the United States, and go to the able to say. to prerogative: "Thus far shalt thou come, and no farther." I sources of that diversity of sentiment which pervades its inhabitants, we need hardly say, sir, that into the full enjoyment of all which Europe has shall find great danger to fear that the same causes shall terminate here in reached only through such slow and painful steps we sprang at once by the the same fatal effects which they produced in those republics. •.ro guard Declaration of Independence and by the establishment of free representa against these dangers and the evil tendencies of a democracy, our republican tive governments; governments bon·owing more or less from the models of Government was mstituted by the consent of the people. The characteristic other free States, but strengthened, secured, improved in their symmetry which distinguishes it from the miscalled republics of ancient and modern and deepened in their foundation by those great m en of our own country times is that none of the powers of sovereignty are exercised by the people, whose names will be as familiar to future times as if they were written on but all of them by separate, coordinate branches of government in whom the arch of the sky. those powers are vested by the constitution. These .coordinate branches are Through all this history of the contest for liberty executive power has intended to operate as balances, checks, and restramts, not only upon each been regarded as a lion which must be caged. So far from being the object other, but u:pon the people themselves; to guard them against their own rash of enlightened popular trust, so far from being considered the natural pro ness,I,>recipltancy, and misguided zeal, and to protect the minority against tector of popular right, it has been dreaded, uniformly always dreaded, as the inJustice of the majority. * * * the great source of its danger. The legislative, executive, and judicial powers compose the soverei~ And now, sir, who L" he, so ignorant of the history of liberty, at home and power of a State. The people of the State of Delaware had vested the legis abroad; who is he, yet dwelling in his contemplations among the princi:(lles lative power in a general assembly, consisting of a senate and house of repre and dogmas of the Middle Ages; who is he, from whose bosom all original sentatives; the supreme executive powers of tho State in a governor, and the infusion of American spirit has become so entirely evaporated and exhaled judicial power in the several co1;1rts mentio?Ied ~ the sixth. arti~le. The that he shall put into the mouth of the President of the United States the sovereign power. therefore, of this State resides With the legiSlative, e:x;ec doctrine that the defense of liberty naturally 1'eSlt-lts to executive power and utive, and judicial departments. Having thus transferred the sovere1g11 is its peculiar duty? Who is he that, generous and confiding toward power power, the people can not resume or exercise any portion of it. To do so where it is most dan~erous, and jealous only of those who can restrain it_: would be an infraction of the constitution and a dissolution of the govern who is he that, reversmg the order of the state and upheaving the base, woula ment. Nor can they interfere with the exercise of any part of the sovereign poise the pyramid of the political system upon its apex? Who is he that, power, except by petition, remonstrance, or address. '£hey have the power overlooking with contempt the guardianship of the representatives of the to change or alter the constitution; but this can be done only in the mode people, and with equal contempt the higher guardianship of the people them prescribed by the instrument itself. The attempt to do so.in any oth~r m~de selves: who is he that declares to us, through the President's lips, that the IS revolutionary. And although the people have the power,m confornnty With security for freedom rests in executive authority? Who is he that belies the its provisions toalterthe constitution, under no circumstances can they, so long blood and libels the fame of his own ancestors by declaring that they, with as the Constitution of the United States remains the p~ramount law of the solemnity of form and force of manner, have invoked the executive power to land establish a democra.cy, or anx other than a republican form of ~overn come to the protection of liberty? Who is he that thus charges them with ment. It is equally clear, that nelther the legislative, executive, nor JUdicial the insanity or the recklessness of putting the lamb beneath the lion's paw? -department, separately, nor all combined, can devolve on the people the exer No, sir. No, sir. Onrsecurity is in our watchfulnessofexecutivepower. It cise of anypartof the sovereign powerwithwhicheachisinvested. The as was the constitution of this department which was infinitely the most diffl sumption of a power to do so would be usnrpation. The department arro cnlt part in the great work of creating our present Government. To give to gating it would elevate itself above the constitution, overturn the foundation the executive department such power as should make it useful and yet not on which its own foundation rests, demolish the whole frame and texture of such as should render it dangerous; to make it efficient, independent, and our republican form of govern!Uent, and prostr~~:te ev~rything .to the W 1896. CONGRESSIONAlL, RECORD-SENATE. '2485 the power, too, of that very popularity, shall not hereafterprove an over The rnie, therefore, of Montesquieu, as construed by Mr. Madi match for allother,branchef!Of the Government. (Works of Daniel Webster, volume IV, pages li13, 134, 135.) son and as agreed to by the distinguished lawyers who have filed their J:>rie!s in this c!'~Se in opposition to the seating of Mr. Du Montesquieu, in his Spirit of Laws, volume 1, page 152, says: Pont, IS directly applicable to the case now under consideration. But not only so. If .the theory of the minority of the commit 'Yben the legislative and _executive powers are united in the same person tee be correct, then mstances may occur, a situation may be or m the same body of magistrates there can be no liberty: because appre hensions may arise lest the same monarch or senate should enact tyrannical brought about by the very vote and influence of the governor laws, to execute them in a tyrannical manner. · if permitted to exercise the offices of senator and governor at th~ ~ga.in:, there is no lil>;erty if the ju~c:iary P?Wer be not separated from the same time, wherein the governor may virtually exercise the whole l~gislative and ex~cut1ve. Were 1t JOmed with; the legislative, the life and liberty of the subJect would be exposed to arbitrary centrol, for the ~udge P?Wer, not only of exe~utive and legislative, but also of theJudi would be then the legislator. Were 1t joined to the executive power, the JUdge etal departments. This may occur ·under the provisions of the might behave with violence and oppression. Delaware constitution, if the governor is permitted to exercise the There would be an end of everything were the same man or the same body whether. of the nobles or of the people, to exercise those three powers-that o~ce of senator, by ~is _giving th~ casting vote that will enable ~~~~:UJJ~J'lli!fs~t of executing the public resolutions, and of trying the hu;n as governor to diSmiss all the Judges of the State-judges ap pomte~ by a predecessor-and thereby place the judiciary of the Sta~e m the hands and under the control of judges of his own In determining the question at issue in this case it is quite im choice. material what construction is placed on the language of Montes CONCLUSION. quieu when in his "Spirit of Laws" discu~sing the English consti- In conclusion, Mr. President, and begging pardon for having tution he declares: . tresp~sse~ so long upon the pati~nce of the Senate~ I confidently When the legislative and executive powers are united in the same person sublll!t this case .to .the calm, deliberate judgment of the Senate, or in_ the same b?dY of magistrates, there can be no liberty, because appre: trustm~ a~d believm~, as ~ do, that the judgment rendered will hens10ns may ar1se lest the same monarch or senate enact tyrannical laws t.o ful~y vmdiCa~e the mtegnty of that great American doctrine execute them in a tyrannical manner. . which recogmzes the complete independence of the different de Whether the construction placed upon this grand epigram~atic par~ments of the governments of the several States, and of the sentence of this illustrious writer by Mr. Madison in the Federal Un~ted St3:tes as well; and the preservation and perpetuity of ist, who in giving it construction paid its gn~ at author the high which, a~amst all undue e~croachments of executive power, are compliment of stating that the British constitution was to Mon so essential to the preservation and perpetuity of political and in tesquieu what Homer has been to the didactic writers of epic dividual liberty in ~his country. If, unfortunately, the day should poetry, is correct or not, does not weaken its application to the ever come when m an unguarded moment the Senate of the case under consideration. Unit-ed States should give its sanction to a relaxation of there Mr. Madison held that Montesquieu, by the use of the language straint~ wh~ch hol.d in proper ~u bjection the executive prerogative, quoted, meant this, and only this: That where the whole power of and w~ICh m the ?lte~est of liberty and good government disunite one department is exercised by the same hands which possess the execu_tiv~ and legiSlative powers, and give its consent to a unity of whole of another department, the fundamental principles of a exerCise m the same person of the respective functions of two or free government are subverted. Conceding this to be the mean more of what are now and ever should be the independent depart ing of the great auth01·, is it not true that the executive of the ments of national and State governments, then from that date will State of Delaware exercises the whole power of the executive de comp1ence the decadence of political and individual liberty in this partment? No one, of course, will question this. And is it not country. also true that by virtue of various provisions of the Delaware The strife for the extension of executive power on the one hand constitution the whole controlling power of legislation is, or at and for the curtailment of constitutional limitations and re: least may. be, under. a varieo/ of circnms~nces held, controlled, s~aints upon the power of the people and the people's representa and exerClsed by a smgle leg1slator? If thiS can be so, even in a tives on the other, has been a contest longer in duration than that single instance, then the rule of Montesquieu, even as construed of any war of either ancient or modern times. It has been the by Madison, applies, and a fortiori, is it not so when, as in the contest of ~ges, extending into all nations, and spreading through case. under the Delaware c~mstitution, there ~ay be not :nerely out all C~nstendom. It has been ~he contest of liberty against one ms~all:ce, but nume1·ous mstances, where thiS whole legislative prerogative; of the struggle for legislative independence against power IS m the hands, and under the control, and suhject to the the grasping tendencies and unwarTanted encroachments of ex will of a single me:mlJer of the legislatm·e? To show this is so ~.cu~ve power; .a contest which at ~es, as we have been told, has it is only necessary to cite one or two cases-and there are·many: wntte_n the hiStoryof.a whole age m blood," destroying with its For instance, the governor of the State may be impeached by the consummg fires the brightest and best hopes of myriads of the house of representatives. He must be tried before the senate. hosts ?f freedom,. and ~eckjng upon its devastating floods the It requires a two-thirds vote to convict. That one vote of the worthiest and loftiest aspirations of the friends of individual and governor, sitting as a senator and judge in his own case, mav pre- political liberty. vent the two-thirds vote necessary to convict. " To hold ~hat the governor of a State can exercise simultaneously So, too, by the one vote of the governor as senator, as we have the functions of executive .and legislator is, unfortunately, to seen, jm·isdiction may be conferred on the governor to remove all ·af!ay the Senate of the Umted States on the wrong side of this the judge~ of ~he State. Surely, Mr. Pr~sident, t!J.e language of mighty contest. Such a decision would, in my judgment, be a de Montesqmeu JUSt quoted, however considered, whether as indi ~arture from one ~f the great fundamental principles of repub cated by Mr. Madison or otherwise, and also this further declara lican and democratic government, an unwarranted concession to tion of his, are directly applicable to the case under consideration. the ever-grasping claims of executive power over the rights of the Montesquieu says further: masses of the people and ~he people's representatives, and a dan gerous stab at the very VItals of the great doctrine upon which Were th~ power of judging joined wit:J:l the legislative, the life and liberty our Government and the governments of the several States rest of the subJect ~ould be expos~d ~o. arbitrary control, !or the judge would that of the complete independence of their legislative executive then be the legiSlator. Were It JOined to the executive power, the judge might behave with all the violence of an oppressor. and judicial departmenU!. ' ' MESSAGE FROM THE HOUSE. But no more apt illustration can be cited for the purpose of showing that, if the theory of the minodty be correct, the whole During t.he delivery of the speech of Mr. MITCHELL of Oregon power not only of the executive, but of the legislatU?·e, is, or 'fltay a message f~·om t~e House of Representatives, by Mr. W. J. BROW:NING, Its Chief Clerk, anno~nced that the Honse insisted be frequently, under the Delaware constitution, exercised by the upon Its amendment to the concmTent resolution of the Senate in ~me hands, than the one presented by the very case under con sideration. Governor Watson, it will be conceded, on the 9th regard to the insurrection in Cuba; agreed to the conference asked day of May, 1895, exercised the whole power of the executive for by the Senate on the disagreeing votes of the two Houses office ..He leaves that office, enters the senate chamber, resumes thereon, and had appointed :Mr. HITT, Mr. ADAMS, and Mr. Mc CREARY of Kentucky managers at the conference on the part of the chair of the speakership, goes into the joint assembly met for the House. ~he purpose of electing a United States Senator, and there, hold tng the. balance of control, with the will of a despot, he exercises WAR IN CUBA.. tyranmcally and a~s?lutely the whole power of the legislature of Mr. SHERMAN. I submit a report of the committee of con the S~ate and the JO~nt assembly of the members of that legisla ference on the disagreeing votes of the two Houses on the amend ture, m whom rests the sole jurisdiction of the election of a ments of the House of Representatives to the concurrent resolu United States Senator. tion of the Senate in respect to Cuba. Had he remained away, refrained from any attempt to exercise The report was read, as follows: the office of senator, as it was his duty to do, there would have CONFERENCE REPORT. been but 29 members of the legislature in joint assembly, and Mr. The committee of conference on the disagreeing votes of the two Houses on tp.e amendments of the House of Representatives to the concurrent resolu Du Pont, having received 15 votes of the 29, waa duly elected. tiOn of the Senate (Con. Res. 19, part 5), having met, after full and free con- ·, 2486 CONGRESSIONAL RECORD-SENATE. MARCH 5, . ference have agreed to recommend and do recommend to their respective The PRESIDING OFFICER. The Chair will call the atten Houses as follows: That the Senate recede from its disagreement to the amendments of the tion of the Senator from Ohio to the fact that one measure has House, and agree to the same. already been made the special order for 2 o·clock on Monday. JOHN SHERMAN, Mr. SHERMAN. This is a pri-vileged question. At any rate, JOHN T. MORGAN, H. C. LODGE, it can be called up even pending a special order. Manage1·s on the part of the Senate. :Mr. HALE (to Mr. SHERMAN). Announce that you will call ROBERT R. HITT, it up at that time. JAMES B. McCREARY, Mr. SHERMAN. I will call up the report at that time as a ROBERT ADAMS, Jn., Managers on the part of the House. privileged question, no matter what is pending. The PRESIDING OFFICER. T:P.e Senator from Ohio gives The PRESIDING OFFICER (Mr. PASco in the chair). The notice that he will call up the report of the committee of confer question is on concurring in the report. ence at 2 o'clock on Monday. Mr. HALE. I suppose the Senator from Ohio will not insist Mr. MITCHELL of Oregon. In connection with this matter, I upon disposing of the report at this hour with so thin a Senate. give notice that I shall ask the Senate to proceed to the consid Mr. SHERMAN. I have no doubt that Senators are about the eration of the Du Pont case immediately at the conclusion of the Chamber. It is important that the report shall be acted upon as routine morning business on Monday. speedily as possible. It is entirely within the po1Ver of the Senate Mr. SHERMAN. I have no objection to that, but at 2 o'clock and House as to when it shall be taken up, but I think it had bet on Monday I shall call up the conference report. It is a privi ter be acted upon t-his afternoon. Senators are about and can soon leged matter. be called in. However, I do not wish to press a vote if the Sen Mr. CHANDLER. Mr. President- ator from Maine desires to make any remarks upon the subject. Mr. HAWLEY. I should like to say a word. Mr. HALE. I presume the Senator from Ohio does not. There The PRESIDING OFFICER. The Senator from New. Hamp are some Senators who have not been heard upon this matter at shire first addressed the Chair and has been Tecogni.zed. all and who desire to submit some views to the Senate. They had Mr. CHANDLER. I yield to the Senator from Connecticut. no opportunity to do so when the resolution was originally passed. :Mr. HAWLEY. I am glad that the Senator from Ohio has con With the assistance of all of us, I may say, who were opposed to sented to this delay. I would not carry it over until Monday but the resolution, an agreement was entered into on Thursday night that we have agreed to adjourn, I understand, until Monday. He to take the vote at 4 o'clock the next day. Overnight the-Com says the committee have given this subject very careful consider mittee on Foreign Relations changed its ground and reported sub ation. That is precisely what the rest of us have not been able to stantially a new provision, which nobody had expected, and which do in the press of business he1·e, and it is several days since any I may state if it had been expected no unanimous agreement would body glanced at the resolutions. I am very glad indeed that the have been entered into to close the debate. So, when the resolu Senator from Ohio has agreed to let the report go over. I voted tion came up, as the Senator will remember (I am stating this for the Senate resolution, but I reserve the right to do as I may accurately), on Friday last, there were but few hours left and see fit in regard to this matter. they were nearly all taken up by the committee. The rest of the Mr. CHANDLER. Mr. President, if I had known that this time had been preempted by one or two Senators, so that several report was to be made to-day I should have opposed the adjom'll Senators-! myself was one-who desired to make some state ment over until Monday, to which I very cheerfully assented. I ments and submit some remarks were cut off. can understand that the request of the Senator from Maine under I have not supposed for a moment that the resolution would be the circumstances is a reasonable one. If any considerab1e num attempted to be pushed through to-night; I think I am justified ber of Senators wish, or any Senator, indeed, wishes, a little delay in using the words crowded through. It is hardly twenty min on a proposition so important as this, the request should be acceded utes since the announcement was made here that the House had to. I regret that the Senator from Maine did not speak on this agreed to the conference, and that in the minds of Senators put it question when it was before the Senate on a former occasion. I entirely out of the idea or contemplation of its being forced thought the Senator refrained fi·om speaking on account of a dis through to-night. I did not suppose it. I know one Senator who position to see so important a subject speedily disposed of for the wanted to be here and vote consulted with me. I told him what common interest not only of Cuba, but of the United States. the situation was; that the House had only just agreed, not to the I myself refrained from speaking, although I was not satisfied repol't, but had just announced its agreement to the conference, with the resolutions. They were not strong enough, in my judg and that undoubtedly nothing would be done to-night. ment. I am deliberately in favor of action by the United States For one, Mr. President, if any reasonable opposition will carry for the recognition and maintenance of the independence of Cuba. the resolution over until there is an opportunity tO be heard, I am If I could have my way, and have such action by Congress and not prepared now to agree that it shall be taken np and disposed the President of the United States as to my mind is required by the of at this late hour. I am not ready myself to submit some re interests of humanity and the enlightened interests of the United marks that I desire to submit upon this most important subject. States, I would see this country t·ecognize and maintain, at the risk I do riot deem it an essential thing nor in the mterest of good of war with Spam, the independence of the Island of Cuba. legislation that it should be crowded through to-night. I appeal France did that in our Revolution, and it is an undying glory to the Senator from Ohio whether he himself believes that with a in the crown of honor of that nation that she helped us attain our bona fide purpose hera of having an opportunity, if it is thought independence. I think that when the independence of Cuba is advisable, to submit some remarks it should be attempted to be achieved, as I hope and believe it will be at no very distant day, forced through to-night. we shall attach that island to us by undying gratitude growing Mr. SHERMAN. Mr. President, I have no desire at all to force out of the fact that we .did declare and maintain at the risk of this matter upon the attention of the Senate. If the Senator from war with Spain or any othe1· nation the independence of the Maine is inclined to debate this matter further, I will very cheer island. fully acquiesce. I may properly allude to the very large vote by Mr. PLATT. What does the Senator from New Hampshire which the resolutions were passed. There was but little differ mean by attaching the island tons; that we shall annex it to the ence between the House resolution and the Senate resolution, and United States? after a careful examination the conferees agreed that we mgiht :Mr. CHANDLER. I do not think my words could be mistaken. take the statement of facts as presented by the Honse of Repre I said, attach with sentiments of gratitude to the United States sentatives, and we agreed to that unanimously. from the independent Cubans for our timely and helpful action If the Senator says he desires to speak on the subject and the in her hour of need. report ought to go over, I have no objection toit.s going over, only Mr. CALL. Mr. Pl·esident; I hope the senate will reconsider the I think that upon a matter of this kind, owing to the nature of the vote by which it agreed to an adjournment over until Monday and controversy and the fact that it has been before the Senate the that the Cuban resolution will be taken up for consider ation to whole of this week and has been debated more or less, it should be mmTow instead of Monday. It seems to me that if we have justi disposed of at once. Still, if the Senator desires to speak, I will fication, as I think we have, to interfere and prevent the wholesale not cut him off, and therefore I am willing to let it go over and be murder and destruction of a whole people, men, women, and chil made the special order, say, at 2 o'clock on Monday, if that will dren, we ought not t.o delay giving am-ple time for everyone to suit. express his opinions and to attempt to influence others to his view. Mr. HALE. I have no objection to that course. That will That we should adjourn over until Monday, leaving this matter in give ample opportunity. its present condition undetermined, I think is not becoming to the Mr. SHERMAN. That would probably cover more time than Senate or to the importance of the question. is needed. · I wish to say for myself that the resolution is not strong enough. Mr. HALE. No; the Senate has adjourned over. I wish to see it passed in the form of a law that will ba incum Mr. SHERMAN. The Senate has adjourned over. Let the bent upon all the executive officers of the United States. I be conference report be made a special order for Monday at 2 lieve that there is justification and that the interests of Spa.in her o'clock. self as well as of the civilized world demand that the bloody and ( 1896. CONGRESSIONAL RECORD-SENATE. 2487 destructive war on human life, on property, upon free institutions, one hour to the consideration of unobjected cases on the Calendar. shall be determined and put an end to by the action of the peo Is there objection? ple of the United States. The1·e is no question about that ac Mr. TURPIE. Before the unfinished business is l~id aside, I tion. wish to be recognized, that I may take the floor on Monday. There is no doubt that the people of the United States, by a vast The PRESIDING OFFICER. The Chair presumes there will majority, are shocked at the condition of things in the adjacent be no objection. The Senator from Indiana is so recognized, and Island of Cuba, and that it is far ahead of the action proposed by the he gives way to the consideration of the proposition made by the Senate and the House. I should be very glad if there were an op Senator from Maine. portunity without delay to consider the conference report, allow Mr. CALL. I move to reconsider the vote by which the Senate ing time to all Senators to express their own judgment upon the agreed to adjourn over until Monday. question. Mr. SHERMAN. I should like to have the statementof the Mr. HAWLEY. Is debate in order? If so, I should like to say Senator from Indiana [Mr. TURPIE] repeated. I cunld not· hear afewwords. · him. The PRESIDillG OFFICER. The question before the Senate The PRESIDmG OFFICER. The Senator from Indiana has is the resolution reported from the Committee on Privileges a.nd taken the floor upon the pending question and yields temoor Elections on which the Senator from Oregon [Mr. MITCHELL] has addressed the Senate. arily to the Senator from Maine for the consideration of-the Mr. HAWLEY. As germane to this matter, I wish to say just Calendar. a word. Mr. SHERMAN. I hope the Senator from Indiana will under The PRESIDmG OFFICER. The Senator from Connecticut stand that at 2 o'clock on Monday I propose to call up the resolu will proceed. tion in respect to Cuba. I hope he will not desire to interfere Mr. HAWLEY. I sympathize in general and very warmly with that notice. · with the popular view of this whole question. I think that the Mr. CALL. I have just been informed that quite a number of conduct of the war against the insurgents is abhorrent to the Senators have made engagements in view of the adjournment over common sense of humanity of the world. I think that the gov for to-morrow, and I will not, therefore, press my motion tore ernment of Spain over Cuba,. in which we can not help being consider. interested, has been such as to provoke and deserve the very . The PRESIDmG OFFICER. The motion of the Senator from severest criticism. Florida is withdrawn. The Chair now submits to the Senate the But there are some other considerations that make me stop proposition of the Senator from Maine that, the regular business and think occasionally before voting upon this and similar mat having been informa.Ily laid aside, the Senate shall proceed for ters. one hour to the considm-ation of unobjected cases on the Calendar. We are giving offense to a power that is not the most considerable Is there objection? The Chair hears none. perhaps, but we have been giving offense-and some of it offense Mr. SHERMAN. After conference with the Senator from that we might rightly have given; I do not take it-back-to many Indiana--· ' countries of Europe until we have involved ourselves in an un The PRESIDING OFFICER. The Senator from Indiana has friendly criticism. I do not wish to prophesy; prophets are with taken the floor for Monday. out honor in their own country; but it is within the limits of Mr. SHER~!AN. It is arranged that after the ordinary routine possibility that we shall find ourselves involved in a war not with morning business on Monday I shall call up the conference re- one nation, but with more than one. That is very possible. I d(} pm't made a few moments ago, and that after that he will take not dwell upon it any longer. I have no sympathy with _the peo the floor. That is understood between. liS, and I hope the arrange ple who when war is spoken of say it will never come. It comes ment will be accepted by the Senate. when you do not expect it. I have no respect for the judgment of The PRESIDING OFFICER. The notice·given by the Senator those men who, when the defense of the country is spoke-n of, talk from Ohio will be recorded. It is so ordered. The Senate now about the enormous physical power of this nation and the five or proceeds for one hour to the consideration of unobjected case.s on ten millions of freemen soldiers who are ready to come to its de the Calendar, commencing at the point reached this morning. fense. What can they do without coast defenses? Will an army DO~ATION OF CONDEMNED CANNON; march down to the sandy beach of New Jersey and offer them selves as food for the enemy's cannon? They would be worth The bill (H. R. 3265) donating one condemned cannon and four nothing else, and they would not stop a bullet as well as a mule. pyramids of condemned cannon balls to Stone River Post, No. 74, I take it for granted that those gentlemen who are so ready to Grand Army of the Republic, Sedan, Kans., was considered as in talk loudly and vigorously and eloquently and in many respects Committee of the Wh-ole. justly, and give offense so readily, will vote for the most liberal The bill was reported to the Senate without amendment, ordered appropriations for coast defenses and for a very large increase of to a third reading, read the third time, and passed. the Navy and a reasonable increase of the Army. I suppose they On motion of Mr. CULLOM, the title was amended so as to will. If not, I hope they will never have occasion to regret it. read: ''A bill donating one condemned cannon and four pyramids But they may have serious occasion to regret both their speeches of condemned cannon balls to Stone River Post,. No. 74, Grand and their refusal to so vote. Army of the Republic, Sedan, Kans., and for other purposes." . HOUSE BILLS REFERRED, ESTATE OF MICHAEL KNIGHT. The bill (H. R. 344.8) authorizing the county of Navajo, Terri The bill (S. 1464) for the relief of the estate of Michael Knight tory of Arizona, to issue bonds for the construction of a court-· was considered as in Committee of the Whole. It proposes to house and jail at the county seat thereof was read twice by its pay to George Walker, administrator: of the estate of Michael title, and referred to the Committee on Territories. .Knight,.$7,714,in satisfaction of his claim against the United States The bill (H. R. 4804) to amend subdivision 10 of section 2238 allowed by the United States Court of Claims. · and to repeal subdivision 12 of section 2238 of the Revised Stat The bill was reported to the Senate without amendment, ordered utes of the United States was read twice by its title, and referred to be engrossed for a thlrd reading, read the third time, and passed. to the Committee on Public Lands. The joint resolution (H. Res. 17) for the erection of a statue of WILLIAM WOLFE. Francis E. Spinner at the Treasury Department building in Wash The bill (S. 74) for the relief of William Wolfe, of Shelbina, ington was read twice by its title, and referred to the Committee Shelby County, Mo., was considered as in Committee of the Whole. on Public Buildings and Grounds. It directs the Secretary of War to cause to be investigated by the Quartermaster-General of the United States Army the circum ORDER OF BUSINESS. stances, character, and extent of the claim of William Wolfe-, of Mr. HALE. If Senators desire to give an J10ur to unobjected Shelbina, Shelby County, Mo., for the loss of the schooner Anna cases on the Calendar, I will make a proposition that the Senate Sophia, belonging to him, and for freight, while on a voyage from , shall proceed for one hour to consider unobjected cases on the Cal New Orleans, La., to Indianola, Tex., and proposes to pay the . endar under the five-minute rule. amount, if any, so found,. and awarded, to be due him from the The PRESIDillG OFFICER. And that the bliSiness before the United States,. not to exceed $9,262.29. Senate be informally laid aside. The bill was reported to theSenatewithout amendment,.ordered Mr. BERRY. Beginning with the Calendar where we left to he engrossed for a third reading,. read the third time, and passed. off. Mr. HALE. Yes; temporarily laying aside the unfinished busi ANNA M. COLMAN. ness and beginning with the Calendar where we left off, taking up · The bill (S. 93) to permit Anna M. Colman,. a widow, to prose · the business in its- order. cute a claim was. considered as in Committee of the Whole. It The PRESIDING OFFICER (at 3 o'clock and2Q. minutes p. m). proposes to refer to the Court of Claims the claim of Anna M. The Senator from Maine asks that the pending business be infor CoL"'llan., widow and sole legatee of Charles D. Colman, deceased, mally and temporarily laid aside, and that the Senate proceed for against the United States on accollllt of the seizure by the United 2488 CONGRESSIONAL RECORD-SENATE. 1 MARCH 5,~ States of certain moneys and securities in St. Louis, Mo., about CHRISTOPHER ELLIS. February, 1865, held by the bailee as a special deposit theretofore The bill (S. 895) for the relief of Christopher Ellis was consid made by Charles D. Colman. ered as in Committee of the Whole. It proposes to remove the The bill was reported to the Senate without amendment, ordered charge of desertion and grant an honorable discharge in the case to be engrossed for a third reading, read the third time, and passed. of Christopher Ellis, who was a machinist in the United States POTOMAC STEAMBOAT COMPANY. Navy, and who is charged with having deserted from the United States steamer Nipsic February 7, 1872. The bill (S. 1085) for the relief of the Potomac Steamboat Com The bill was reported to the Senatewi.thout amendment, ordered pany was considered as in Committee of the Whole. It proposes to be engrossed for a third reading, read the third time, and passed. to pay to the Potomac Steamboat Company $5,090, the amount paid by the Potomac Steamboat Company under a decree of the DONATION OF CONDEMNED CANNON. circuit court of the United States for the eastern district of Vir The bill (H. R. 1712) granting to the First Regiment Nortp ginia, affirmed by the Supreme Court of the United States, to the Carolina State Guard two condemned cannon was considered as Baker Salvage Company, for services rendered to the steamer in Committee of the Whole. Excelsior, belonging to the Potomac Steamboat Company, when The bill was reported to the Senate without amendment, ordered she was sunk by the United States steam tug Fo'rtune in Hampton to a third reading, read the third time, and passed. Roads, Virginia, on the 4th day of December, 1882. The bill was reported to the Senate without amendment, ordered ESTATE OF JOHN ROACH, DECEASED. to be engrossed for a third reading, read the third time, and The bill (S. 1180) to pay the heirs of the late John Roach, de passed. ceased, $48,858.03, for labor and material furnished for the gun CALVIN GUNN. boat Dolphin, was considered as in Committee of the Whole. The bill was reported from the Committee on Claims with The bill (S. 92) for the relief of Calvin Gunn was considered as .amendments. · in Committee of the Whole. It proposes to pay Calvin Gunn, of The first amendment was, after line 7, to strike out all down to St. Louis, Mo., $700, in full compensation for the amount due him and including the word "three," the first word in line 9, and to as informer, and ordered to be paid to him by the United States insert "$28,160.25'.'; so as to read: . district court for the eastern district of Missouri, in the year Be it enacted by the Senate and House of Representatives of the United States 1868. of America in Congress assembled, That to carry out the provisions of the act The bill was reported to the Senate without amendment, ordered making appropriations for the naval service for the fiscal year ending June to be engrossed for a third reading, read the third time, and.passed. 30, 1884 (22 Statutes, page 477).tn!o pay to the legal representatives of John Roach, deceased, the sum of ~.160.25 for labor and material furnished by DR. S. A. BROWN. the said John Roach in completing the dispatch boat Dolphin, under the advice and assistance of the naval advisory board mentioned in said act. The bill (S.1573) for the relief of Dr. S. A. Brown was consid ered as in Committee of the Whole. It proposes to pay $485.47 The amendment was agreed to. to S. A. Brown, of Sioux Falls, S. Dak., for services as passed The next amendment was, at the end of the bill, in line 13, after assistant surgeon, United States Navy, during the years 1876, the word'' act," to insert ''which amount is hereby appropriated 1877, and 1878, the account having been allowed by the Treasury out of any moneys in the Treasury not otherwise appropriated." Department. The amendment was agreed to. 'l'he bill was reported to the Senate without amendment, ordered The bill was reported to the Senate as amended, and the amend to be engrossed for a third reading, read the third time, and passed. ments were concurred in. The bill was ordered to be engrossed for a third reading, read the FANNY B. RANDOLPH AND DORA L. STARK. third time, and passed. The title was amended so as to read: "A bill for the r elief of The bill (S. 690) for the relief of Fanny B. Randolph and Dora the legal representatives of John Roach, deceased." L. Stark was considered as in Committee of the Whole. It pro poses to pay to Fanny B. Randolph, or her legal representative, E. R. SHIPLEY. $8,280, and to Dora L. Stark, or her legal representative, $8,280, The bill (S. 67) for the relief of E. R. Shipley was considered as making in all $16,560, the same being in full for, and the receipt in Committee of the Whole. It proposes to appropriate 8460 for of the same to be taken and accepted in full and final discharge . the payment in full to E. R. Shipley for moneys paid, by direction of, their claim examined, investigated, and reported favorably by of Post-Officeinspector Edgerton, to parties h:tving money in reg the Court of Claims of the United States, under the provisions of istered packages stolen from the post-office in Springfield, Mo., on the act of March 3, 1883, entitled ''An act to afford assistance the 23d day of June, 1884. and relief to Congress and the Executive Departments in the The bill was reported to the Senate without amendment, ordered investigation of claims and demands against the Government," to be engrossed for a third reading, read the third time, and passed. and the act of March 3, 1887, entitled "An act to provide for the bringing of suits against the Government of the United MOSES PENDE.RGRASS. States." The bill (S. 66) for the relief of Moses P endergrass, of Missouri, The bill was reported to the Senate without amendment, ordered was considered as in Committee of the Whole. It proposes to set to be engrossed fora thil·d reading,1·ead the third time, and passed. tle and audit the accounts and claim of Moses Pendergr.1ss, as TOWBOAT ASSOCIATION OF NEW ORLEANS, LA. contractor in carrying the mails in the Sta,te of Missouri. from July 1, 1887, to May 6, 1888, upon the basis and amount of $317 The bill (S. 862) for the relief of the receivers of the Towboat per annum as his bid for such service, under the advertisement of Association of New Orleans, La., was considered as in Committee September 15, 1886, and of the orders of the Post-Offic::J Depart of the Whole. It proposes to authorize the Court of C1aims of the ment increasing the service thereon, and to pay him for such United States to adjudicate the claims of the receivers of the Tow service an amount not exceeding 8379.56, in full satisfaction boat Association of New Orleans, La., for the value of 50,000 bar therefor. rels of coal, more or less, and for the value of other Rtores and The bill was reported to the Senate without amendment, ordered supplies seized and taken possession of in the year 1862 -by order to be engrossed for a third reading, read the third time, and of Maj. Gen. Benjamin F. Butler, commanding the United States passed. Army at New Orleans, and wholly used and consumed by the mili HELMUTH F. SCECKE.L. tary and naval forces of the United States. The bill was reported to the Senate without amendment, ordered The bill (8. 347) to remove the charge of desertion and grant an to be engrossed for a third reading, read the third time, and passed. honorable discharge to Helmuth F. Sreckel was considered as in Committee of the Whole. It proposes to remove the charge of RECEIVERS OF INTERSTATE CORPORATIONS. desertion now standing against the record of Helmuth F. Sreckel, The bill (S. 331) providing that no person shall be eligible as late private Company C, Sixteenth Regiment Connecticut Volun assignee or receiver of a bankrupt corporation engaged in inter teers, and to grant him an honorable discharge. state commerce who shall have been a director, officer, or employee The bill was reported to the Senate without amendment, ordered of such corporation at any time during the three years next pre to be engrossed for a third reading, read the. third time, and ceding such banlrruptcy, was next in order on the Calendar. passed. The PRESIDING OFFICER.- The bill was reported adversely SIDNEY W. MOSS. and goes over under Rule IX. Mr. COCKRE.LL. Let it be passed over. It is an adverse re The bill (S. 533) for the relief of Sidney W. Moss, of Oregon port. City, Oreg., was considered as in Committee of the Whole. It The PRESIDING OFFICER. The bill will go over under proposes to pay $7:ooo to Sidney W. Moss, of Oregon City, Oreg., Rule IX, if there is no objection. It is so ordered. in full compensation for lots Nos. 2, 3, 6,_and 7! in block No.6, I ! 1896. CONGRESSIONAL RECORD-SENATE. 2489 in what was known as Pacific City, in Lewis County, then Terri made and to be made therein by the United States, which shall tory of Oregon, now State of Washington, taken by the Govern· hereafter be stated and certified t-o the Treasury Department for ment for military purposes, and included in Cape Hancock :Military payment, was announced as next in order. Reservation, Pacific County, State of Washington. Mr. BERRY. Let that bill go over, Mr. President. The bill was reported to the Senate without amendment, ordered The PRESIDING OFFICER. Under Rule IX? to be engrossed for a third reading, read the third time, and yassed. Mr. BERRY. No; let it be passed over without prejudice. ISSUE OF BONDS OF NEW :MEXICO. The PRESIDING OFFICER. The bill will go over without prejudice, at the request of the Senator from Arkansas. Mr. BRICE. I ask unanimous consent to make a statement, which will take but a minute, to which I call the attention of the EDWARD N. FISH AND OTHERS. Senator from New York fMr. HILL]. The bill (S. 290) to carry into effect the findings of the Court of Yesterday, when the bill (H. R. 4052) app1·oving certain acts of Claims in the cases of Edward N. Fish and others for supplies fur the legislative assembly of the Territory of New :Mexico, author nished the Indian service was considered as in Committee of the izing the issue of certain bonds of said Territory, was under con Whole. sideration, the Senator from New York made the following state It proposes to pay the amounts found due by the Court of ment: Claims, as hereinafter set forth, for supplies furnished the 11:,. Mr. HILL. Mr. CATRON, the Delegate from the Territory, was before the dian service in 1873 and 1874, and reported to Congress by Senate committee, and said it was a very proper and just measure and that it ought Miscellaneous Document No. 165, Fifty-first Congress, first ses to be passed. sion, to wit: I desire to say that, as I understand the facts, Mr. CATRON, the To Edward N. Fish & Co., $1,800. Delegate from New :Mexico, was before the committee. He heard To Edward N. Fish & Co., assignees of W. B. Hugus, $2,400.20. the entire argument in favor of the amendment, but stated that To Bowers & Richards, assignees of James M. Burney, $3,534.76. he was present before the committee for the purpose of advocat To Sutro & Co., assignees of William B. Hooper & Co., 53,479.32. ing the bill which passed the House of Representatives, and had The payments to the assignees in each case being at the request no controversy whatever as to the amendment. of the original claimants as found by the Court of Claims. I state that in justice to the Delegate, so that he may not be The bill wasreported totheSenatewithout amendment, ordered misstated here, as though he had favored the amendment before to be engrossed for a third reading, read the third time, and passed. the committee, which he did not undertake to state. Mr. CALL subsequently said: Mr. President, I observe that a bill Mr. HILL ~ I think the statement of the Senator from Ohio is passed a few minutes since making an appropriation of certain substantially correct. My recollection now is that Mr. CATRON sums of money upon the findings of the Court of Claims. I should spoke of the original bill, and stated that it was proba.bly a just like to have an explanation of the bill if there is any Senator pres bill, but did not express any opinion upon the amendments pro ent who understands it. For myself, I do not like to have a bill posed. of that kind relating to the Court of Claims passed without any H. W. SHIPLEY. explanation. It is putting the Treasury practically into the hands of three judges. The bill (S. 532) for the relief of H. W. Shipley was considered The PRESIDING OFFICER. The Senator from Connecticut as in Committee of the Whole. It proposes to pay $2,487.38, in full [Mr. PLATT], who reported the bHl, was in the Chamber at the compensation for work done and material furnished by H. W. Ship time it was passed. He has gone out temporarily. ley in excess of that required of him by his agreement with the Mr. CALL. I shall not ask that the vote by which the bill was Indian Bureau in the construction of a gristmill arid sawmill at passed be reconsidered, but I desire to say that I do not think this the Nez Perce Indian Agency, in the Territory of Idaho. is a proper method of legislation. The bill was reported to the Senate mthout amendment, ordered to be engrossed for a third reading, read the third time, and passed. WEIGHTS AND MEASURES IN THE l>ISTRICT. LIGHT-HOUSE AND FOG SIGNAL, POINT ARGUELLO, CALIFORNIA. The bill (S. 990) to amend section 9 of an act entitled "An act to provide for the appointment of a sealer and assistant sealer of The bill (S. 1820) for the establishment of a light-house and fog weights and measures in the District of Columbia, and for other signal at or near Point Arguello, California, was considered as in purposes," was considered as in Committee of the Whole. Committee of the Whole. It proposes to establish at or near Point The bill was reported from the Committee on the District of Arguello, about 12 miles northwest of Point Conception, Cali Columbia with amendments. fornia, a light-house and fog signal, at a cost not to exceed The first amendment was, after the word ''defective," at the end $35,000. of line 23, to insert: The bill was reported the Senate without amendment, ordered to The Commissioners of the District of Columbia sha.ll prescribe the amount to be engrossed for a third reading, read the third time, and passed. of tolerance to be allowed by the sealer of weights and measures, and aJl weights, measures, and balances that do not conform to the standards for ART COMMISSION. weights and measures in this act provided for within the limit of tolerance The bill (S. 1922) creating an art commission of the United so allowed may be seized by the sealer of weights and measures, and when ·so State.3, and for other purposes, was announced as next in order. ~~~~J~~t~ ~~~~~Ibis bJm.~~· and a record of the same shall be duly The PRESIDING OFFICE:(t. The Chair understands that bill The amendment was agreed to. , was to-day under consideration and was passed over. It will be The next amendment was, in line 32, after the words " section passed over now without prejudice. or," to strike out" to pay" and insert" the use of any weights: KATE WINTER. measures, scales, or other instruments described in this section. before the payment of"; in line 36, after the word "failing," The bill (S. 789) for the relief of Kate Winter was considered to insert '' or using" ; in line 38, after the word '' recovered,:' as in Committee of the Whole. It proposes to repeal the provi to strike out "in any court of competent jurisdiction" and sions of the act of Congress entitled ''An act supplementary to an insert "in the police court of the District of Columbia"; and act entitled 'An act to authorize the construction of the Baltimore in line 39, before the word "court," to insert "said"; so as to and Potomac Railroad in the District of Columbia,'" approved read: January 19, 1891, so far as the same authorized the acquisition by Failure to comply with the provisions of this section. or the use of any the railroad of land for the business of the company in square weights, measures, scales. or other instruments described in this section, be No. 73~, in the city of Washington and District of Columbia. fore the payment of tbe fees fixed by the said Commissioners for examinations, The bill was reported to the Senate without amendment, ordered shall render the person so failing or u sing liable to a fine of not more than $20 and costs of prosecution for each offense, to be recovered in the police court of to be engrossed for a third reading, read the th_ird time, and passed. the District of Columbia; and the said court may make a further sentence SUPREME COUNCIL OF THE THffiTY-THIRD DEGREE OF- SCOTTISH that the offender be imJ?risoned in the District Jail for any period not ex RITE MASONRY. ceeding six months, until the payment of such fine and costs. The amendment wa..c:; agreed to. The bill (H. R. 2300) to incorporate the Supreme Corlncil of the The bill was reported to the Senate as amended, and the amend Thirty-third Degree of Scottish Rite Masonry for the Southern ments were concurred in. Jurisdiction of the United States was considered as in Committee The bill was ordered to be engrossed for a third reading, read of the Whole. the third time, and passed. · The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. PIER-HEAD LIGHT AT MILWAUKEE, WIS. The bill (S. 738) authorizing the establishment of a pier-head ACCOUNTS WITH PUBLIC-LAND STATES. light at or near South Milwaukee, in the State of Wisconsin, was The bill (S. 474) fixing times when, regulating the manner in considered as in Committee of the Whole. It directs the Secre which, and declaring the character of the accounts between the tary of the Treasury to establish a pier-head light at or near South United States and the several public-land States relative to the Milwaukee, in the State of Wisconsin, at a cost not to exceed net proceeds of the sales and other disposition of the public lands $5,000. \ \ ' 2490 CONGRESSIONAL RECORD-SENATE. MARCH 5, The bill was reported to the Senate without amendment, ordered So as to make the section read: to be engrossed for a third reading, read the third time, and passed. That all that portion of the State of Montana bounded and described as fol· lows: Beginning at a point on the national boundary line where the same INDIAN CmZENS. would be intersected by the range line bet,veen ranges 14 and 15 west of the Montana principal meridian when projected (this line being the present The bill (S. 265) extendm."g relief to Indian citizens, and for boundary between the Helena and Missoula land districts); thence south on other purposes, was announced as next in order. S'lid range line between ranges 14: and 15 west to the southeast corner of town Mr. COCKRELL. The Senator who reported that bill is not ship 22"north, range 15 west; thence weston township line between townships 21 and 22 north to the southwe t corner of township 22 north, range 23 west· present. Let it be passed over without losing its place. thence north on rane-e line between ranges 23 and 24, west to the sixth stand~ The PRESIDING OFFICER. The bill will be passed over with ard parallel north; fuence west on said standard parallel to the southwest out prejudice. corner of township 25 north range 26 west; thence north on range line be tween ranges 26 and 27 west to northeast corner of township 26 north, range Mr. CALL. I think the hour has expired which the Senator ZT west; thence west on township line between townships 26 and ZT north to from Maine fMr. HALE] asked should be devoted to the consider the northeast corner of township 26 north, range 30 west; thence north on ation of the Calendar and I move that the Senate adjourn. range line between ranges 29 and 30 west to northeast corner of township ZT north, range 30 west; thence west on township line between townships ZT and The PRESIDING OFFICER. The recollection of the Chair is 28 north to the northwest corner of township 27 north, range 31 west: thence that it was twenty minutes past 3 o'clock when the agreement north on range line between ranges 31 and 32 west to the seventh standard was made, and that it was to last for one hour. ~ parallel north; thence west along the seventh standard parallel north to the Mr. CALL. Very well; I will not insist on the motion. I think, western boundary of the State; thence north on said boundary line to the northwest corner of the State on the national boundary line on the forty however, there ought to be more Senators present when bills are ninth parallel, north latitude; and thence easton said national boundary fuie being passed. to the place of beginning, be, and the same is hereby; constituted a new land district, to be called Flathead land district of the State of Montana, and the WELLS C. M'COOL. land office for said district shall be located at the town of Kalispell. The bill (S. 792) for the relief of Wells C. McCool was consid The amendment was agreed to. ered as in Committee of the Whole. The bill was reported to the Senate as amended, and the amend- The bill was rep01·ted from the Committee on Military Affairs ment was concurred in. · with an amendment, in section 1, line 10, after the date" 1863," to Mr. HILL. Mr. President, is it not a little unwise to take up insert ''less any amount 8aid McCool may have received for these hills without the authors of the bills or the chairmen of the pay or allowances for such period"; so as to make the section committees being present to explain them? read: The PRESIDING OFFICER. The committee amendment has That there be, and hereby is, appropriated, out of any money in the Treas been adopted, the Chair will state. ury of the United States not otherwise appropriated, the sum of $542.50 the :M:r. HILL. There might possibly be other amendments if the amount of the pay and allowances of Wells C. McCool as first lieutenant of Oom pany I, Twenty-ninth Iowa Volunteer Infantry, from December 1, A. D. 1862, author of the bill or the chairman of the committee reporting it to April30, 1863, less any amount said l't1cCool may have received for pay or were here. a.llowances for such period, to be paid by the proper officers of the United Mr. PLATT. It occurs to me that this is a good time to ad- States to the said Wells C. McCool. his hffil's, executors, administrators, or as signees: Provided, That the same be accepted as in full of all claims against .journ. the United States for the military services of said Wells C. McCool down to The PRESIDING OFFICER. The agreement was that the the date of the passage of this act. consideration of unobjected cases on the Calendar should continue The amendment was agreed to. for one hour, the Chair will state. Does the Senator from New The bill was reported to the Senate as amended, and the amend York object? ment was concurred in. Mr. HILL. I do not object. I only make the suggestion, and The bill was ordered to be engrossed for a. third reading, read leave it to the good sense of the Senate. the third time, and passed. Mr. COCKRELL. I suppose there is no danger in this bill es tablishing a land office. LICENSING OF BILLIARD TABLES. 1\fr. HILL. Possibly not. The bill (S.1232) to license billiard tables, and for other pur Mr. PLATT. I should like to make an inquiry in regard to the poses, was announced as next in order. pending bill. It proposes to establish a new land office. I should Mr. PLATT. That bill had better be passed over, Mr. Presi like to inquire of the Senator from Colorado [Mr. TELLER], who dent. has been Secretary of the Interior, how many new offices have to The PRESIDING OFFICER. The bill will be passed over with- be created when a new land office is established? out prejudice. Mr. TELLER. Only two, a register and a receiver. Mr. PLATT. Are they provided for in this bill? ADDITIONAL LAND OFFICE IN MONTANA. Mr. COCKRELL. No; they follow under the general law. The bill (S. 1743) to establish an additional land office in the Mr. TELLER. If the office is created, the general law author State of Montana was considered as in Committee of the Whole. izes the appointment of those officers. The bill was reported from the Committee on Public Lands with Mr. PLATT. How long do they hold? an amendment, in section 1, to strike out all after the word " fol Mr. TELLER. They are appointed for four years, unless a lows," as follows: change of Administration occurs, and then they are sometimes Commencing on the forty-ninth parallel of latitude at a point where the sooner removed. same is intersected by tll.e summit of the main range of the Rocky Mountains; Mr. PLATT. So that if we should get the Administration we thence in a southerly direction, following the summit of said mountains, to a point where the same meets and is intersected by the eastern boundar.f. line should get the officers? of Missoula County; thence south along said boundary line to latitude 41° 35'; Mr. TELLER. The officers can be removed after the 4th of thence west along said line of latitude to meridian ll4° 35' west; thence north next March. [Laughter.] . along said meridi4n to the sixth standard parallel; thence west and along said The bill was ordered to be engrossed for a third reading, read parallel to meridian 115° west; thence north alon~ said meridian to the forty eighth parallel of latitude; thence west alan~ said parallel to a point where the thi;rd time, and passed. the same is intersected by the summit of the divide or watershed between the Kootenai and Clarks Fork of the Columbia River, the same being known as RESERVOffi SITES. the Cabinet range of mountains; thence in a northwesterly di-rection, follow of ing the summit of said divide or watershed to the eastern boundary line of The bill (S. 264) providing for the location and purchase pub the State of Idaho; thence north along said Idaho line to the forty-ninth par lic lands for reservoir sites was announced as next in order. a.llel of latitude; thence east along said parallel to the place of beginning. Mr. COCKRELL. The Senator who introduced and reported And insert: that bill is absent, and it is quite an important bill. Let it be Beginning at a point on the national boundary line where the same would passed over without losing its place on the Calendar. be intersected by the range line between ranges 14 and 15 west of the Mon The PRESIDING OFFICER. The bill will be passed over tana principal meridian when projected (this line being the present boundary without prejudice, on the suggestion of the· Senator from between the Helena and Missoulaland districts); thence south on said range line between ranges 14 and 15 west to the southeast corner of township 22 Missouri. north, range 15 west; thence west on township line between townships 21 and ASSIGNEES OF ADDISON C. FLETCHER. 22 north to the southwest corner of township 22 north, range 23 west; thence north on range line between ranges 23 and 24 west to the sixth standard The bill (S.1380) for the relief of Hyland C. Kirk and others, parallel north; thence west on said standard parallel to the southwest corner assignees of Addison C. Fletcher, was considered as in Committee of township 25 north, range 26 west; thence north on range line between of the Whole. ranges 26 and Z7 west to northeast corner of township 26 north, range 27 west; thence west on township line between townships 26 and 27 north to the north The Committee on Patents reported an amendment, to strike east corner of township 26 north, range 30 west; thence north on range line out all after the enacting clause of the bill and in lieu thereof to between ranges 29 and 30 west to northeast corner of township Z7 north, insert: range 30 west; thence west on township line between townships 27 and 28north to the northwest corner of township 27 north, range 31 west; thence north That the claim of Ryland C. Kirk, of Phelps N.Y., and others, assignees of on range line between ranges 31 and 32 west to the seventh standard parallel letters patent No. 101604, dated April5, 1870 (antedated October 5, 1869), for north; thence west along the seventh standard parallel north to the western an improvement in adhesive postal and revenue stamps, issued to Addison C. boundary of the State; thence north on said boundary line to the northwest Fletcher, and assigned to said Hyland C. Kirk and others, for compensation by corner of the State on the national boundary line on the forty-ninth parallel1 for the use of said letters patent and the invention therein described the north latitude; &n.d thence east on said national .boundary line to the place or United States Government in the collection of revenue on distilled spirits beginninz. and malt liquors duTin" the years 1868, 1869, 1870, 1871, and 1872, be, and is / 1896. CONGRESSIONAL RECORD-HOUSE. 2491 hereby, referred to the Court of Claims, and said court is hereby vested with EXAMINER IN CHIEF, PA. TENT OFFICE, power and jurisdiction, notwithstanding the statute of limitations, to hear, determine, and adjudicate the validity of said letters patent, the title of the Arthur P. Greeley, of Concord, N. H., to be an examiner in assignees, respectively, to the same, and the amount of compensation, if any, which should in justice and equity be made to said claimants or any of them, chief in ~he Patent Office. respectively, for th"8 use of such invention by the United States a.s aforesaid, PROMOTIONS IN THE NAVY. and to rende1• final judgment therefor. That upon the trial of the questions a.rising, said court shall receive as competent evidence the testimony in the Lieut. Commander George A. Bicknell, to be a commander. case of Fletcher against United States, and the case of Solomon against United Lieut. Nathan E. Niles, to be a lieutenant-commander. States, heretofore pending and decid,-d in said Court of Claims and of record therein, together with such other evidence as may be presented upon said Lieut. (Junior Grade) John A. Dougherty, to be a lieutenant. hearing. And from the judgment of said court either party may appeal to Ensign Theodore C. Fenton, to be a lieutenant (junior gJ.'ade). the Supreme Court of the United States in the manner and within the time P. A. Engineer Stacy Potts, to be a chief engineer. provided by statute for appeals from judgments rendered by said court. Asst. Engineer Charles H. Hayes, to be a passed assistant en- Mr. HILL. Is not that rather remarkable legislation? Is there gineer. .,.. anybody here to explain it? The bill prescribes in a case before P. A. Engineer Henry T. Cleaver, to be a chief engineer. the Court of Claims exactly what evidence shall be received, etc., Asst. Engineer Horace W. Jones, to be a passed assistant en- which is something unusual, it strikes me. gineer. · Mr. PLATT. There is nothing very remarkable about it, Mr. P. A. Engineer John R. Edwards, to be a chief engineer. President. The committee have tried to do the best they could Asst. Engineer Josiah S. McKean, to be a passed assistant en for some of the Senator's constituents, and if he does not desh·e to gineer. have his constituents taken care of I am son·y he did not make his Commodore Thomas 0. Selfridge, to be a reai·-admi1·al. application before the committee, to be heard there. I believe, Medical Inspector Thomas N ..Penrose, to be a medical dh·ector. however, the bill was introduced by the Senator's colleague [Mr. MURPHY]. PROMOTIONS IN THE A.RMY, rrhis is a bill which has passed the Senate sev-eral times, and I CavalNJ a1"?n. think the parties are entitled to have the case decided in the Court of Claims. First Lieut. James Bradford Erwin, Fourth Cavalry, to be cap The reason of the provision that the evidence taken in tain. certain cases might be used was to prevent the necessity of Se~nd Lieut. Guy Henry Preston, Ninth Cavalrv, to be first going all over with the taking of the testhnony again upon the lieutenant. • exact point which will be before the Court of Claims. The parties Pay ,Department. desire that the case might be adjudicated upon the evidence in Lieut. Col. James Price Canby, deputy paymaster-general, to those records, but the committee changed that so as simply to be assistant paymaster-general. make the testimony taken competent evidence there; of course, Maj. Frank Morrell Coxe, paymaster, to be deputy paymaster it is for the court to give it such weight as it chooses, it general. being left open on both sides-the United States and the parties Jnfantry arm. plaintiff-to the production of such other evidence as they may Second Lieut. William Alexander Campbell, Ninth Infantry, to present. be first lieutenant. Mr. CALL. Other evidence is not excluded. POSTMASTER. The PRESIDING OFFICER. The question is on the amend ment reported by the committee. GeorgeS. Wilson, to be postmaster at Malvern, in the county The amendment was agreed to. of Mills and State of Iowa. The bill was reported to the Senate as amended, and the amend ment was concurred in. The bill was ordered to be engrossed for a third reading, read the third time, and passed. HOUSE OF REPRESE.NTATIVES. INV'ESTIGA.TION BY COMMITTEE ON INDIAN A.FFA.IRS. The resolution submitted by Mr. PETTIGREW January 8, 1896, THURSDAY, Ma1·ch 5, 1896. authorizing the Committee on Indian Affairs to continue investi gations during the recess of Congress and to visit the several In The House met at 12 o'clock m. Prayer by the Chaplain, Rev. dian reservations, etc., was announced as the next business in HENRY M. COUDEN. order on the Calendar. The Journal of the proceedings of yesterday was read and ap Mr. COCKRELL. Let that be passed over. proved. The PRESIDING OFFICER. The resolution will be passed CUBA.. over without prejudice. Mr. ffiTT. :Mr. Speaker, a message came from the Senate yes JENNIE M. HUNT. terday that the Senate had disagreed to the House amendment to The bill (S. 674) for the relief of Jennie M. Hunt was announced the concurrent resolutions of the Senate in regard to Cuba, and as the next business in order on the Calendar. asking the House to agree to a conference. I move that the House Jlfir. COCKRELL. I object to the consideration of that bill. insist on its amendment, and agree to the request of the Senate The PRESIDING OFFICER. The bill will go over under for a conference. Rule IX. · The SPEAKER. The gentleman from Tilinois asks unanimous SOUTHWESTERN PRESBYTERIAN UNIVERSITY. consent that the Honse insist on its amendment to the Senate con The bill (S. 1648) for the relief of Stewart College (now the current resolution in reference to Cuba and agree.to the confer Southwestem Presbyterian University), located at Clarksville, ence asked by the Senate. Is there objection? The Chair hears Tenn., was announced as the next business in order on the none. Calendar. IMPROVEMENT OF CONNEAUT HARBOR, OHIO. Mr. CHANDLER. I ask to have that bill go over. There is a The SPEAKER laid before the House, with amendments of the thin Senate present, and I do not like the wording of the bill. Senate, the joint resolution (H. Res. 98) directing the Secretary of EXECUTIVE SESSION. War to cause Lieut. Col. Jared A. Smith, Corps of Engineers, to Mr. COCKRELL. I move that the Senate proceed to the con submit a plan and estimate for the further hnprovement of Con sideration of executive business. neaut Harbor. in the State of Ohio. The PRESIDING OFFICER. The order of the Senate has Mr.NORTHWAY. ImovethattheHouseconcurin theamend been executed, and the Senator from Missouri [Mr. COCKRELL] ments of the Senate. They are merely verbal · moves that the Senate proceed to the consideration of executive The amendments of the Senate were read and concurred in. business. CHICKAMAUGA. AND CHA.TTA.NOOGA. NA.TIONA.L PA.RK. The motion was agreed to; and the Senate proceeded to the con- . sideration of executive business. After :five minutes spent in ex Mr. GROSVENOR. I ask unanimous consent for the considera ecutive session the doors were reopened, and (at 4 o'clock and 25 tion of the bill (H. R. 175) authorizing the Secretary of War to minutes p.m.) the Senate adjourned until Monday, March 9, 1896, make certain uses of the Chickamauga and Chattanooga National at 12 o'clock meridian. . Park, and for other purposes. The bill was read, as follows: CONFIRMATIONS. Be it enacted, etc., That in order to obtain practical benefits of great value Executive nominations confirmed by the .Senate March 5, 1896. to the country from the establishment of the Chickamauga and Chattanooga National Park, the {lark and its approaches are hereby declared to be ana . CONSUL. tional field for military maneuvers for the Regular Army of the United States and the National Guard of the States. · Samuel Comfort, of New York, to be consul of the United States SEc. 2. That the Secretary of· War is hereby authorized, within the limits at Bombay, India. of appropriations which may from time to time be available for -such purpose,