1901. . OONGRESSIONAL RECORD-SENATE. 1243
New Jersey-Posts Nos. 13, 52. · Association of New York City, favoring anti-polygamy amend New York-Posts Nos. 3, 16, 35, 40, 66, 82, 92, 95, 102, 152, 179, ment to the Constitution-to the Committee on the Judiciary, 216, 232, 242, 256, 259, 273, 275, 277, 285, 308, 338, 355, 370, 560, 655, By Mr. STARK: Papers to accompany House bill No. 9700, 666. . granting an increase of pension to James V. Morrill, of Belvidere, Ohio-Posts Nos. 367, 468. Nebr.-to the Committee on Invalid Pensions. Oklahoma-Posts Nos. 2, 3, 30, 44, 51, 54, By Mr. THOMAS of North Carolina: Resolutions of the Cham Oregon-Post No. 15. ber of Commerce of New Berne, N. C., favoring the establishment Pennsylvania-Post No. 222. of a national forest reserve in the mountains of Virginia, North South Dakota-Posts Nos 22, 38. Carolina, South Carolina, Georgia, and Tennessee-to the Com Tennessee-Posts Nos. 65, 72. mittee on Agriculture. Texas-Post No. 23. By Mr. YOUNG: Petition of Amelia Engel, of Philadelphia, Vermont-Posts Nos. 3, 10, 22, 29, 33, 66, 94, 110, 115. Pa., to accompany House bill granting her a pension-to the Com Washington and Ala,9ka-Posts Nos. 23, 54, 73. mittee on Invalid Pensions. West Virginia-Posts Nos. 9, 45. Wisconsin-Posts Nos. 6, 10, 36, 41, 54, 63, 66, 71, 92, 118, 125, 130, 136. 159, 219, 237, 268, 274. By Mr. BURKETT: Resolutions of the National Wholesale SENATE. Druggists' Association, oppm~ing the free distribution of medicinal remedies-to the Committee on Agriculture. MONDAY, January 21, 1901. Also, petition of E. P. Geer and other citizens of Weeping Water, Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. Nebr., in favor of an amendment to the Constitution against The Secretary proceeded to read the Journal of the proceedings polygamy-to the Committee on the Judiciary. of Saturday last, when, on request of Mr. HALE, and by unanimous By Mr. ESCH: Resolutions of the National Wholesale Drug consent, the further reading was dispensed with. gists' Association, opposing the free distribution of medicinal The PRESIDENT pro tempore. Without objection, the Jour remedies-to the Committee on .Agriculture. nal will stand approved. Also, resolutions of the Wisconsin Teachers' Association, favor ing the reorganization of the Bureau of Education on broader ELECTORAL VOTES OF VERMONT, NEVADA, AND NORTH DAKOTA. lines-tu the Committee on Education. The PRESIDENT pro tempore laid before the Senate three com By Mr. GRAHAM: Petition of Douglas Methodist Episcopal munications from the Secretary of State, transmitting certified Church, Washington, D. C. , favoring anti-polygamy amendment copies of the final ascertaiiiment of the electors for President and to the Constitution-to the Committee on the Judiciary. Vice-President appointed in the States of Vermont, Nevada, and By Mr. GROUT: Testimony to accompany House bill granting North Dakota, at the election held therein on the 6th day of No a pension to John Washburn-to the Committee on Invalid Pen vember, 1900; which, with the accompanying papers, wel'e ordered sions. to lie on the table. By Mr. HENRY of Connecticut: Resolutions of the Hartford MESSAGE FROM THE HOUSE, Board of Trade, relating to the Potomac Memorial Bridge-to the A message from the House of Representatives, by Mr. W. J. Committee on Public Buildings and Grounds. · BROWNING, its Chief Clerk, announced that the House had passed By Mr. HOWELL: Petitionofcitizensof Jamesburg, N. J., urg the bill (S. 5258) to allow the commutation of ·homestead entries ing the restriction of the liquor traffic with natives of Africa-to in certain cases. the Committee on Interstate and Foreign Commerce. The message also announced that the House had passed the fol By Mr. JOY: Petition of Branch 343, National Association of lowing bills; in which it requested J;he concurrence of the-Senate: Letter Carriers, of St. Louis, Mo. , in relation to House bill No. A bill (H. R. 4728) providing for leaves of absence to certain 10315, being a claim of letter carriers for extra services performed- employees of the Government; to the Committee on Claims. · A bill (H. R. 4910) to establish a lobster hatchery in the State Also, petition of J. C. Cantley and 12 other internal-revenue of Maine; • gaugers, storekeepers, etc. , of the State of Missouri, asking for an A bill (H. R. 8814) to provide for the entry of lands formerly in increase of pay-to the Committee on Appropriations. the Lower Brule Indian Reservation, S. Dak.; Also, petition of St. Louis Chapter of the American Institute of A bill (H. R. 9595) to authorize the purchase of a steam launch Architects, for the creation of a commission to consider improve for use in the customs-collection district of Galveston, Tex.; ments in the District of Columbia-to the Committee on the Dis A bill (H. R. 10226) for the protection of cities and towns in the trict of Columbia. Indian Territory, and for other purposes; Also, resolutions of the Central Trades and Labor Union of St. A bill (H. R. 11598) for the relief of Frank B. Case; Louis, Mo., and vicinity, for the retention of stamp tax on checks, A bill (H. R. 11785) to provide for the construction of a bridge drafts, etc.-to the Committee on Ways and Means. by the Fargo, Duluth and Northwestern Railroad Company Also, petition of tobacco firms of St. Louis, Mo., urging the across the Red River of the North at Fargo, N. Dak.; passage of House bill No. 12459, for a customs warehouse at St. A bill (H. R. 11786} to declare a branch of the Mississippi River, Louis.-to the Committee on Public Buildings and Grounds. opposite the city of La ·Crosse, Wis., and known as West Chan By Mr. LACEY: Resolutions of the Presbyterian Assembly of nel, to be unnavigable, and that the said city be relieved of neces Brooklyn, Iowa, for the ratification of the treaty between civilized sity of maintaining a draw or pontoon bridge over said West nations relative to alcoholic trade in Africa-to the Committee on Channel; Foreign Affairs. A bill (H. R. 12548) to authorize th~e construction of a bridge Also, resolutions of the Iowa Academy of Science, Des Moines, across the Mississippi River at or near Grays Point, Missouri; and lowa, for a national park on the Leech Lake Indian Reservation, A bill (H. R. 13437) provid.ing for the construction of a bridge at the head of the Mississippi River-to the Committee on Indian across the Yalobusha River, in Grenada County, State of Missis Affairs. sippi. By Mr. LATIMER: .Resolutions of the League of American The message further requested the Senate to return to the Municipalities, favoring an appropriation in behalf of the South House the bill of the Senate (S. 2245) directing the issue of a ern States and West Indian Exposition at Charleston, S. C.-to duplicate of a lost check drawn by William H. Comegys, major the Committee on Appropriations. and paymaster, United States Army, in favor of GeorgeP. White. By Mr. MIERS of Indiana: Petition of citizens of Daviess ENROLLED BILLS SIGNED. County, Ind., in favor of the passage of House bill granting an The message also announced that the Speaker of the House had increase of pension to James Brown-to the Committee on Inva signed the following enrolled bills; and they were thereupon lid Pensions. signed by the President pro tempore: By Mr. MORRELL: Paper to accompany House bill granting A bill CB. R. 10498) to create a new division in the western an honorable discharge to Francis Remmlien-to the Committee judicial district of the State of Missouri; . on Military Affairs. A bill (H. R. 11008) authorizing the Solicitor of the Treasury to Also, papers to accompany Honse bill c::>rrecting the military quitclaim and release certain title and interest of the United record of Thomas McReynolds-to the Committee on Military States to Mrs. Lutie M. Nowlin; Affairs. A bill (S. 91) granting a pension to J. J. Groff; Also, papers to accompany House bill a.mending the military A bill (S. 292) granting an increase of pension to Martha G. D. record of John Halpin-to the Committee on Naval Affairs. Lyster; · By Mr. RICHARDSON of Alabama: Papers to accompany A bill (S. 349) granting an increase of pension to James H. House bill for the relief of Sallie C. Smith, administratrix of the Coventon; · estate of Gabriel C. Smith, deceased-to the Committee on War A bill (S. 667) granting a pension to B. H. Randall; Claims. A bill (S. 1400) granting a pension to William Lyman Chit By M.r. SHERMAN: Petition of the Young Women's Christian tenden; 1244 CONGRESSIONAL RECORD-SENATE. J .ANU.A.RY 21,
A bill (S. 1413) granting a pension to Erie E. Farmer; Mr. FAIRBANKS presented the petition of W.W. Carey and A bill (S. 2166) granting an increase of pension to Charles A. D. 30 other citizens of Spencerville, Ind., and the petition of Rev. J. Wiswell; A. Brosy and 61 other citizens of Auburn, Ind., praying for the A bill (S. 2-100) granting an increase of pension to Edith Lock adoption of an amendment to the Constitution to prohibit polyg wood Sturdy; amy; which were referred to the Committee on the Judiciary. A bill (S. 3457) granting an increase of pension to Laura Ann Mr. PROCTOR presented the petition of E. E. Wood and 135 Smith; other citizens of Springfield, Vt., praying for the passage of the A bill
Resolved by the people of the city of Warrensburg, in the county of Johnson ufacture and sale of oleomargarine; which were referred to the and State of Missouri, in mass meeting assembled, That we are opposed to the extension of the liquor traffic into any of the foregoing territories, and espe Committee on Agriculture and Forestry. cially the Philipoine Islands, where it was until recently unknown; that we Mr. PLATT of Connecticut presented the petition of Samuel L. declare it to be the plain duty of the United States Government, in view of Pierce and sundry other citizens of South Britain, Conn., praying said relation, to protect the inhabitants of said islands, who, while pagans and semicivilized, are moml and sober, from the ruinous, desolating, and soul for the enactment of the so-called Grout bill, to regulate the man blighting consequences of this one of the greatest of human curses. ufacture and sale of oleomargarine; which was referred to the Be it further resolved, That the President and the Congress of the 1Jnited Committee on Agriculture and Forestry. States are earnestly petitioned to exert and employ all means and authority of their respective departments of our great Government in the enactment He alsu presented a petition of sundry citizens of Waterbury, and enforcement of such laws as wi11 exclude and prohibit the importation Conn., praying that an appropriation be made providing for an and sale of intoxicating liquors in said territories. adequate and permanent supply of living water for irrigation pur Be i t also f urther ,-esolved, That these resolutions be subscribed to by the poses for the Pima and Papago Indians in Arizona; which was re chairman of this convention, that he be authorized and directed to transmit copies of t he same, one to the Hon. DAVID A. DE ARMOND, Rep1·esentative in ferred to the Committee on Indian Affairs. Congress, one to each of the United Stat~s Senators, the Hons. F. M. COCK· He also presented a petition of the Young People's Union of the RELL and GEORGE G. V EST, and one to His Excellency the Hon. William Mc Baptist Church of Norwich, Conn., praying for the enactment of Kinley, President of the Unit ed States. George H. Howe makes oath and says that he was the chairman of and legislation to prohibit the sale of intoxicating liquors to native preeided at the mass meeting held by the citizens of Warrensburg, in John· races in Africa; which was referred to the Committee on Foreign son County, Mo., at the Methodist Episcopal Church, on Sunday, November Relations. 25, 1900, and that the above and foregoing resolutions were unanimously adopted at and by said convention. Mr. TILLMAN. I present a petition of sundry citizens of GEORGE H. HOWE. Camden, S. C., praying for the improvement of the Santee and Subscribed and sworn to before me this 12th day of January, A .. D. 1901. Wateree rivers in that State. I ask that the petition be printed [SEAL.] MAUDE C. HENDRIX, in the RECORD and a!so as a document, and that it be referred to Notm·y Public, Johnson County, Mo. the Committee on Commerce. My commission expires March 29, 1903. There being no objection, the petition was referred to the Com Mr. McCOMAS presented a petition of sundry citizens of Bour mittee on Commerce, and ordered to be printed, and to be printed bon, l\fd., praying for thEI enactment of legislation to prohibit the in the RECORD, as follows: sale of intoxicating liquors to native races in Africa; which was THE COlnl.ERCI.A.L IMPORTANCE OF THE WATEREE AND SANTEE RIVXRS, referred to the Committee on.Foreign Relations. SOUTH CAROLINA. The Wateree River itself is about 67 miles in len~th, from Camden to its Mr. ALLISON presented a petition of the Davenport Business mouth, where it joins the Santee. This latter river IS about 184miles long to Men's Association, of Davenport, Iowa, praying for the repeal of its mouth, where it is connected with Winyah Bay by the United States Canal, thus giving Camden direct communication by water with the ocean. the present bankruptcy law; which was referred to the Committee The improvement of the Santee and Wateree rivers for steamboat navi on the Judiciary. .gation would not only furnish trabsportatiun facilities for a larg~ number of He also presented the petition of H. 0. Pratt and 33 other citi the people of South Carolina living along its banks who are out of the easy reach of railroad , but also give the towns on the river which have the rail zens of Manchester, Iowa, and the petition of E. E. Farwell and roads .a great relief from their excessive frei&"ht rates. It is no easy matter 46 other citizens of Iowa, praying for the adoption of an amend to estimate the cultivated acres of land and tne number of people which the ment to the Constitution to prohibit polygamy; which were re- Utiited States works asked for would be of marked advantage to, from a monetary point of view, but any Senator or Representative in Congress from ferred to the Committee on the Judiciary. · this State will understand as well as anyone the great advantage to follow He also presented the petition of 0. Collins and 75 other citizens, the improvement of these streams. of C. S. Wells and 23 other citizens of Palo Alto County, of C. W. Now, for example, we will take Camden, a citv of some 5,000 inhabitants, J ordy and 34 other citizens of Oneida, and of George S. Stratton having four railroads and a river, with the latter not in use because of its being obstructed by sand shoals and snags, which it is in the range of the and 47 other citizens, all in the State of Iowa, praying for the en United States to remove without extraordinary cost. actment of the so-called Grout bill, to regulate the manufacture The total value of the commerce at Camden yearly amounts to about and sale of oleomargarine; which were referred to the Committee $2,000,000. In this amount is represented about 20,000 bales cotton, 5,000 tons cotton seed, 15,000 bushels rough rice, 3,000 tons hay, 5,000 tons fertilizer, and on Agri~nlture and Forestry. 20,000 tons of naval stores, general merchandise, etc. He also presented the memorial of W. M. McFadden and 84 Now, it is perfectly evident that all of the foregoing, which is transported to and from Camden, must, of necessity, travel by rail since there is no steam other citizens of West Liberty, Iowa, and the memorial of A. boat traffic permissible. This is a hardship on the people, because the rail· Sloane and 20 other citize11s of Iowa, remon3trating against the roads can combine and make freight rates which the people can not break passage of the so-called parcels-post bill: which were referred to without thE' aid of the river, and they can not get this without the assistance of the United States Government. the Committee on Post-Offices and Post-Roads. Take the aggregate as being S280.000 paid now on freight yearly. By con He also presented the petition of Z. F. Titus and 15 other citi trast, take this same amount of freight in the past, when the condition of the zens of Ottumwa~ Iowa, and the petition of C. A. Hagherg and 675 Wateree River allowed a small steamer to make occasional trips to Camden, other citizens of Ottumwa, Iowa, praying for-the enactment of as being $180,000. By subtra.cting one from the other, it is shown that $1UO 000 may be saved yearly to the people by river navigation, on freight rates alone. legislation to limit the hours of daily labor of workmen and me Everyone understands the firm and unmerciful grip railroads have upon our chanics, and also to protect free labor from prison competition; people, when placed in their power, as to freight rates. which were referred to the Committee on Education and Labor. A prominent business man of Camden complained to one of the railroad managers that his freight rate was too high and asked for a reduction. He Mr. FOSTER presented a petition of Local Lodge No. 104, replied that he could not give it because he was in a combination of railroads Brotherhood of Boiler :Makers and Iron Ship Builders, of Seattle, which had resolved not to reduce rates. His own inclination. however was Wash., praying for the enactment of legislation to regulate the to _give the Cam~en gentleman the relief he asked for, and, continuing, the railroad man said: '·Just let a steamboat come up your river and blow a hours of daily labor of workmen and mechanics, and to protect whistle at Camden, then I guarantee that there will be no further delay freelaborfromprisoncompetition; which was referred to the Com about the reduction of freight rates that you desire." mittee on Education and Labor. Itis beyond all question of doubt that the Wateree and Santee rivers are of great importance to the State, in so much that they drain vast areas of Mr. SPOONER presented a petition of the Teachers' Associa country and are capable of being developed into streams of great commercial tion of Wisconsin, praying for the enactment of legislation pro importance. viding for the reorganization of the Bureau of Education; which . 'The commerce on the Santee River is reported by the United States en gineers to amount yearly to about $2,500,000. With low-water navigation was referred to the Committee on Education and Labor. and regular river traffic these figures will probably be increased. He also presented a memorial of the State Federation of Labor On the Wateree River alone, exclusive of Camden, for the year 1899, there of Milwaukee, Wis., remonstrating against the passage of the so is reported, from the same source, to have been about ~i~. ooo worth of com merce, consisting, for the most part, of timber rafts, with no steamboat trade. called ship-subsidy bill; which was ordered to lie on the table. If the river was opened for low-water navigation from Camden to the He alao presented a petition of the congregation of the Metho Government ca!lal at Winyah Bay, "'.ith steamers plying between these dist Episcopal Church of Palmyra, Wis., praying for the enact places, of. necessity there would be carried over these streams a large portion ment of legislation to prohibit the traffic in intoxicating liquors :if the inward and outward freights, because the railroads could not afford to bring heavy groceries from New York to Camden, even at a reduced rate, as in the PhiHppine Islands; which was referred to the Committee cheaply as they could come by rnyde stea'mship to Winyah Bay, thence by on the Philippines. river steamer to Camden. This same rule would hold good in much of the outward freight. He also presented the petition of Carl Anderson, keeper, and 13 What is needed is a survey of the river from Camden to the mouth of the other members of the life-saving crew of Sturgeon Bay Canal sta Sant~e with the view of forming a project for the improvement of these tion, Wisconsin, and the petition of William Nequette, keeper, streams so that they may be navigated by steamboats of about 6 feet draft at dead low water, and no doubt such a survey would produce a report and and 36 other members of the life-saving crew of Sheboygan sta map which would prove the necessity for the work asked for through Con tion, Wisconsin, praying for the enactment of legislation to pro gress, and that the depth deeired would be within reach of acquiring by a mote the efficiency of the Life-Saving Service and to encourage reasonable outlay of money. the saving of life from shipwreck; which were referred to the C.H. Yates, cashier Bank of Camden; W. M. Shannon, attorney at law; F. M. Zemp, druggist; E. V. Zemp, cashier Farmers and Committee on Commerce. Merchants' Bank; C. L. Winkler, attorney at law; A. D. Ter He also presented petitions of A. H. Bennett and 39 other citi med, merchant; Tbos. J. Kirkland, attorney at law; Springs & Shannon, merchants and bankers; G. Herman Baum, attorney zens of Richland County, of M. M. Lyden and 64 other citizens of at law; M. Baum & Co., merchants; Zemp Bros., merchants; Cashton, of D. B. Holt and 87 other citizens of Lowell, and of Hirsch Bros. & Co., merchants; David Wolfe, merchant; Cam John McCrearty and 107 other students of the Dairy School of the den Cotton Mills; P. T. Villepegue, merchant; H. G. Carrison, president Bank of Camden; E. Miller Boykin, president De Kalb University of Wisconsin, all in the State of Wisconsin, praying Cotton Mill; E. V. Zemp, secretary Camden Loan and Trust for the enactment of the so-called Grout bill, to regulate the man- Company. 1246 CONGRESSIONA·L RECORD-SENATE. JANUARY 21,
Mr. SHOUP presented a memorial of the legislature of the State BILLS INTRODUCED. of Idaho, remonstrating against the enactment of legislation per Mr. PRITCHARD introduced a bill (S. 5652) granting an in mitting the leasing of the public domain; which was refen·ed to crease of pension to Alpheus W. S~pson; which was read twice the Committee on Public Lands. by its title and referred to the Committee on Pensions. Mr. FRYE presented the petition of S.S. Hersey and 22 other Mr. PLATT of New York introduced a bill (S. 5653) for the re citizens of Auburn, Me., praying for the repeal of the revenue lief of J. G. R. Reiners, administrator of the estate of Amos D. stamp tax on bank checks; which was referred to the Committee Le Fevre; which was read twice by its title and referred to the on Finance. Committee on Claims. He also presented a petition of the select and common councils Mr. WOLCOTT introduced the following bills; which were read of Philadelphia, Pa., praying for the passage of the so-called ship severally by their titles, and referred to the Committee on Pen subsidy bill; which was ordered to lie on the table. sions: He also presented a petition of the Board of Trade and Trans A bill (S. 5654) granting a pension to Orla E. Adams; portation of New York City, praying that an appropriation be A bill (S. 5655) granting a pension to Samuel T. Wells (with made for the completion of the breakwater at Point Judith, R. I.; accompanying papers); which was referred to the Committee on Commerce. A biH (S. 5656) granting a pension to T. D. Britton; REPORTS OF COMMITTEES. A bill (S. 5657) granting an increase of pension to Jesse W. Bice; Mr. WARREN, from the Committee on Military Affairs, to A bill (S. 5658) granting an increase of pension to Matthew B. whom was referred the bill (S. 2170) to remove the charge of de Noel· sertion standing against the record of Thomas Blackburn, reported A bill (S. 5659) granting an increase of pension to Carlos P. Cole; it with an amendment, and submitted a report thereon. A bill (S. 5660) granting an increase of pension to Henry H. Mr. BAKER, from the Committee on Indian Affairs, to whom Geiger; was referred the bill (H. R. 8966) for the relief of certain Indians A bill (S. 5661) granting a pension to India Stewart (with ac in the Indian Territory who desire to sell their lands and improve companying papers); ments and emigrate elsewhere, reported it without amendment, A bill (S. 5662) granting an increase of pension to William S. and submitted a report thereon. Camp; ; He also from the Committee on Pensions, to whom was referred A bill (S. 5663) granting an increase of pension to Thomas E. the bill (H. R. 5978) granting an increase of pension to Amos Van Ragland (with an accompanying paper); Nausdle, reported it without amendment, and submitted a report A bill (S. 5664) granting an increase of pension to Charles thereon. Carlisle; Mr. GALLINGER, from the Committee on Pensions, to whom A bill (S. 5665) granting an increase of pension to Jeremiah were referred the following bills, reported them severally without Winters; and amendment, and submitted reports thereon: A bill (S. 5666) granting a pension to John D. Thomas. A bill (H. R. 2395) granting an increase of pension to Matthew Mr. WOLCOTT introduced a bill (S. 5667) to restore to the ac McDonald; tive list of the Navy the name of James G. Field, assistant sm· A bill (H. R. 8594) granting a pension to Matilda Rapp; geon, United States Navy, retired; which was read twice by its A bill (H. R. 9570) granting an increase of pension to Henry F. title,. and referred to the Committee on Naval Affairs. Rice; Mr. McENERY introduced a bill (S. 5668) for the relief of A bill (H. R. 10761) granting an increase of pension to Oliver James M. Schilling; which was read twice by its title, and referred H. Cram; to the Committee on Claims. A bill (S. 5622) granting an increase of pension to Georgina M. Mr. TOWNE introduced a bill (S. 5669) granting an increase of Mack; and· pension to John Gray; which was read twice by its title, and re A bill (H. R. 6902) granting a pension to Lydia A. Tryon. ferred to the Committee on Pensions. Mr. GALLINGER, from the Committee on Pensions, to whom Mr. LINDSAY introduced a bill (S. 5670) to authorize the pur were referred the following bills, reported them severally with chase of a marble bust of Henry Clay; which was read twice by amendments, and submitted reports thereon: its title, and referred to the Committee on the Library. A bill (S. 5450) granting an increase of pension to Rachel J.B. Mr. MORGAN introduced a bill (S. 5671) to organize the Na Williams; and tional Observatory of the United States; which was read twice by A bill (S. 5428) granting an increase of pension to Charles R. its title, and referred to the Committee on Naval Affairs. Cole. Mr. JONES of Arkansas introduced a bill (S. 5672) granting an Mr. QUARLES, from the Committee on Pensions, to whom was increase of pension to Annie A. Neary; which was read twice by referred the bill (H. R. 9106) granting a pension to Nancy Mar its title, and, with the accompanying paper, referred to the Com shall, reported it without amendment, and submitted a report mittee on Pensions. thereon. Mr. R.A. WLINS introduced a bill (S. 5673) granting a pension Mr. HAWLEY,fromtheCommitteeonMilitary Affairs, towhom to Henriette Salomon; which was read twice by its title, and, with was referred the bill (H. R. 8474) to remove the charge of deser the accompanying papers, referred to the Committee on Pensions. tion from the military record of Gustavus Adolphus Thompson, Mr. SPOONER (by request) introduced a bill (S. 5674) to pro reported it without amendment, and submitted a report thereon. vide for the purchase of square 862 in the District of Columbia Mr. PLATT of Connecticut. I am directed by the Committee for a hall of records; which was read twice by its title, and re on the Judiciary to report favorably an amendment to the legis ferred to the Committee on Public Buildings and Grounds, Mr. GALLINGER introduced a bill (S. 5675) granting an in· lative, executive, and judicial appropriation bill, and I ask its refer crease of pension to Mary C. Holmes; which was read twice by ence to the Committee on Appropriations. its title, and referred to the Committee on Pensions. Mr. VEST. What is the amendment reported by the committee? Mr. BAKER introduced the following bills; which were sev Mr. PLATT of Connecticut. The amendment is short, and can erally read twice by their titles, and referred to the Committee on be read by the Secretary. Pensions: The Secretary read as follows: A bill (S. 5676) granting an increase of pension to Gustav Amendment intended to be proposed by Mr. HOAR to the bill (H. R. 12291) making appropriations for the legislative, executive, and judicial expenses Schwartz; of the Government for the fiscal year ending June 00, 1902, and for other A bill (S. 5677) granting a pension to Annis M. Dixon (with purposes, viz: On page-, line-, insert the following: an accompanying paper); and That each of the United States circuit courts of appeals shall be entitled A bill (S. 5678) granting an increase of pension to John M. to retain and have expended, under the direction of the Attorney-General, for law books for its use a sumnotexceeding~,000 in any fiscal year from any Phifer. surplus which the clerk of said court is or may be required by law to pay into Mr. McCOMAS introduced a bill (S. 5679) for the relief of the the Treasury of the United States. estate of William B. Todd, deceased; which was read twice by its The PRESIDENT pro tempore. The amendment will be re title, and, with the accompanying paper, referred to the Com ferred to the Committee on Appropriations. mittee on Claims. Mr. PLATT of Connecticut, from the Committee on the Ju Mr. CAFFERY introduced a joint resolution (8. R. 151) au diciary, to whom was referred the bill (S. 4550) providing for an thorizing proper officers of the Treasury Department to examine additional circuit judge in the Second judicial circuit, reported it and certify claims in favor of certain counties in Arizona; which without amendment. was read twice by its title, and referred to the Committee on GERMAN ORPHAN ASYLUM .A.SSOCIA.TION. Claims. Mr. GALLINGER. From the Committee on the District of Co .AMENDMENTS TO .APPROPRIATION BILLS. lumbia I report two additional amendments to the bill (S. 5244) Mr. PRITCHARD submitted an amendment proposing to ap io reincorporate and preserve all the corporate franchises and prop propriate $3,000 for maintenance of improvement of Beaufort erty rights of the de facto corporation known as the German Harbor, N. C., in accordance with the recommendation of the Orphan Asylum Association of the District of Columbia. I move Chief of Engineers, intended to be proposed by him to the river that the bill with the amendments be reprinted, and harbor appropriation bill; which was referred to the Com· The motion was agreed to. mittee on Commerce, and ordered to be printed. 1901. CONGRESSIONAL RECORD-SEN.ATE. 1247
He also submitted an amendment anthorizing the Secretary of date of final segregation of· any tract as provided for in such act War to divert a sufficient sum out of the appropriation of $25,000 in which to cause the same to be irrigated and reclaimed, etc., in heretofore made for improving Pamlico and Tar rivers, North tended to be proposed by him to the sundry civil appropriation Carolina, for the IDurpose of dredging and improving Indian Island bill; which was referred to the Committee on Public Lands, and Slough, intended to be proposed by him to the river and harbor ordered to be printed. appropriation bill; which was referred to the Committee on Com Mr. GALLINGER submitted an amendment proposing to ap merce, and ordered to be printed. propriate $800,000forimproving the harbor at Portsmouth, N. H., He also submitted an amendment proposing to increase the ap mtended to be proposed by him to the river and harbor appropri propriation for improving Cape Fear River, North Carolina, above ation bill; which was refer1·ed to theCommitteeonCommerce,and Wilmington, from $10,000 to $250,000, with a view to obtaining a ordered to be printed. channel from Wilmington to Fayetteville, N. C., of a minimum ~Ir. NELSON submitted an amendment proposing to change the depth of 8 feet, intended to be proposed by him to the river and United States consulate at Copenhagen, Denmark, from Class VI to harbor appropriation bill; which was referred to the Committee Class V, and providing for an allowance of Sl ,000 for clerk hire at on Commerce, and ordered to be printed. each of the United States consulates at Copenhagen, Denmark, He also submitted an amendment providing for a preliminary and Amsterdam, Holland, intended to be proposed by him to the survey of Perquimans River, Shallowbag Bay, Carrot Island diplomatic and consular appropriation bill; which was referred to Slough, North Carolina, and Point Harbor, North Carolina, with the Committee on Commerce, and ordered to be printed. a view to the improvement of the same, intended to be proposed He also submitted an amendment re1ating to the permanent im by him to the river and harbor bill; which wa£ referred to the provement of the Mississippi River between the Falls of St. An Committee on Commerce, and ordered to ba printed. thony, in Minnesota, and the Gulf of Mexico, and of the Missouri Mr. PETTUS submitted an amendment proposing to appropri River between Fort Benton, Mont., and the mouth of said river, ate $300,000 for continuing the improvement of the Tennessee intended to be proposed by him to the river and harbor appropria River at Colbert Shoals, Alabama, intended to be proposed by tion bill; which was referred to the Committee on Commerce, and him to the river and harbor appropriation bill; which was re ordered to be printed. ferred to the Committee on Commerce. and ordered to be printed. Mr. McCOMAS submitted the following amendments intended Mr. TURLEY submitted an amendment proposing to appr°'" to be proposed by him to the river and harbor appropriation bill; priate $20,000 for continuing the improvement of Big Hatchie which were referred to the Committee on Commerce, and ordered River, Tennessee, from its mouth to Rialto, intended to be pro to be printed: posed by him to the river and harbor appropriation bill; which An amendment proposing to increase the appropriation for im was referred to the Committee on Commerce, and ordered to be proving Rock Hall Harbor, Maryland, from $5,000 to $10,000; printed. An amendment proposing to increase the appropriation for im Mr. MARTIN submitted the following amendments, intended proving.Queenstown Harbor, Maryland, from $5,000 to $15,000; to be proposed by him to the river and harbor appropriation bill; An amendment proposing to increase the appropriation fur im which were referred to the Committee on Commerce, and ordered proving Claiborne Harbor, :Maryland, from$5,000 to $20,000; to be printed: An amendment proposing to increase the appropriation for the An amendment proposing to appropriate $28,870 for improving improvement of Cambridge Harbor, Maryland, from $5,_000 to Pagan River, Virginia; $8,100; An amendment proposing to appropriate $5,203. 96 for improv An amendment proposing to increase the appropriation for im ing Chesconnessex Creek, Virginia; proving Breton Bay, Maryland, from 55,000 to $10,000; An amendment proposing to appropriate $25,000 for the im An amendment proposing to increase the appropriation for im provement of the Appomattox River at Petersburg, Va.; proving Elk River, Maryland, from $10,000 to $19,000; An amendment proposing to appropriate 8100,000 for extending An amendment proposing to increase the appropriation for im the improvement of the James River, Virginia, to the head of navi proving Warwick River, Maryland, from 52,000 to $4,000; gation at the docks; An amendment proposing to increase the appropriation for im An amendment proposing to appropriate $20,000 for additional proving Pocomoke River, Maryland, from $3,000 to $4:,500; improvements in the harbor of Norfolk, Va.; and An amendment proposing to appropriate 820,000 for improving An amendment proposing to increase the approp!iation for im the Susquehanna River in the vicinity of Havre de Grace, Md.; proving the harbor at Cape Charles, Va., from $10,000 to $20,000. An amendment proposing to appropriate 82,500 for improving Mr. CULBERSON submitted an amendment proposing to strike the La Trappe River, Maryland; out the provision for the appointment of a board of engineers to An amendment proposing to appropriate 86,798 for improving make an examination and survey of the water route from the mouth the Wicomico River, Maryland; of the jetties at the city of Galveston, Tex., through the ship chan An amendment proposing to appropriate $13,200 for improving nel, and up Buffalo Bayou to the city of Houston, Tex., intended the Wetipquin (Tyaskin) River, Maryland; to be proposed by him to the river and harbor appropriation bill; An amendment proposing to appropriate 810, 000 for the improve which was referred to the Committee on Commerce, and ordered ment of Broad Creek River, Maryland; to be printed. . An amendment proposing to appropriate $50,000 for improving He also submitted an amendment proposing to increase tbe ag Patapsco River, Baltimore Harbor, Maryland; gregate amount of contracts that may be entered into for the im An amendment proposing to appropriate $5,000 for a survey of provement of Galveston ship channel and Buffalo Bayou, Texas, Baltimore Channel, Baltimore, .Md., with a view to increasing its from SB00,000 to $700,000, intended to be proposed by him to the depth and width; and river and harbor appropriation bill; which was referred to the An amendment proposing to appropriate $200,000 for widening Committee on Commerce, and ordered to be printed. and deepening the channel at Curtis Bay, Baltimore, Md. Mr. WARREN submitted an amendment proposing to appro Mr. SEWELL submitted an amendment providing that $25,000 priate $50,000 for the construction along Piney Creek, Wyoming, of the amount appropriated for improving Raritan Bay, New Jer of three reservoirs for the purpose of holding back the flood waters sey, may be expended in dredging between the mouth of Raritan of said stream, and also proposing to appropriate $50,000 for the River to tail of Great Beds, and also providing for a preliminary purpose of constructing a reservoir to hold back the flood waters survey of Raritan Bay, with a view to obtaining a channel 22 feet of Grey Bull River, Wyoming, intended to be proposed by him to deep and 400 feet wide from South Amboy to tail of Great Beds, the river and harbor appropriation bill; which was referred to the intended to be proposed by him to the river and harbor appropri Committee on Commerce, and ordered to be printed. ation bill; which was referred to the Committee on Commerce, He also submitted an amendment providing for the construction and ordered to be printed. of reservoirs at the head waters of the .Missouri River; for the con Mr. STEWART submitted an amendment proposing to appro struction along Piney Creek, Wyoming, of three reservoirs for the priate $100,000 for deepening and rendering the channel navigable purpose of holding back the flood waters of that stream, etc., and between Eldorado Canyon and Rioville, Nev., intended to be pro for the construction along Grey Bun River, Wyoming, of a reser posed by him to the river and harbor appropriation bill; which voir for the purpose of holding back the flood waters of that stream, was referred to the Committee on Commerce, and ordered to be etc., intended to be proposed by him to the river and harbor appro printed. priation bill; which was referred to the Committee on Irrigation Mr. BUTLER submitted an amendment proposing to appropri and Reclamation of Arid Lands, and ordered to be printed. ate $1,320,000 for improving Cape Fear River, North Carolina, be He also submitted an amendment providing that a State shall tween Wilmington and Fayetteville, with a view to obtaining a have ten years in which to irrigate and reclaim arid land taken channel of a minimum depth of 8 feet between those points, in from the public domain, intended to be proposed by him to the tended to be proposed by him 'to the river and harbor appropria sundry .civil appropriation bill; which was referred to the Com tion bill; which was referred to the Committee on Commerce, and mittee on Appropriations, and ordered to be printed. ordered to be printed. He also submitted an amendment providing that any State tak He also submitted an amendment authorizing the appointment ing advantage of the provisions of section 4 of the sundry civil of a board of engineers to consist of not less than three and not appropriation act of August 18, 1894, shall have ten years from more than five, to be taken from either the active or retired list of 1248 CONGRESSIONAL REOORD-SENATE. JANUARY 21, engineers in the service of the United States, to consider the entire pleases. Does the Senator from Washington rise to morning subject of a waterway ot not less than 16 feet depth from Nor business? folk Barbor, in the State of Virginia, to Beaufort Inlet, in the Mr. TURNER. I yield to the Senator from Arkansas, if I may State of North Carolina, etc., intended to be proposed by him to retain the right to offer a resolution. the ri~er and harbor appropriation bill; which was refened to the The PRESIDENT pro tempore. The Chair prefers to conclude Committee on Commerce, and ordered to be printed. morning business. :Mr. CHILTON submitted an amendment providing for the wid Mr. BERRY. The Senator from.Washington desires to make ening and deepening of Galveston Channel from a. point opposite some remarks on his resolution. That is the reason why he agrees Twentieth street to a point opposite Thirty-fifth street to a depth to yield to me. of 30 feet and a width of 1,200 feet, including the present channel, The PRESIDENT pro tempore. Then the Chair will recognize continuing improvement, etc. 1 intended to be proposed by him to the Senator from Arkansas. the river and harbor appropriation bill; which was referred to the ALBUQUERQUE GRANT, Committee on Commerce, and ordered to be printed. Mr. BERRY. The bill (H. R. 5048) to confirm in trust to the He also su bmittE~d an amendmea t providing for the appointment city of Albuquerque, in the Territory of New Me:s.ico, the town of by the Secretary of War of a board of engineers to make an exam Albuquerque Grant, and for other purposes, was read the other ination and prepare plans and estimates for a breakwater along morning and the Senator from South Dakota [Mr. PETTIGREW] the Gulf front of Galveston for the protection of the port of Gal objected to its consideraton. He has withdrawn his objection and veston from excessive storms, intended to be proposed by him to I ask that the bilJ be now passed. It has been read and there was the river and harbor appropriation bill; which was referred to no objection to it except that made by the Senator from South the Committee on Commerce, and ordered to be printed. Dakota, which has been withdrawn. He also submitted an amendment proposing to increase the ap The PRESIDENT pro tempore. The Senator from Arkansas propriation for the improvement of the Brazos River, Texas, from asks unanimous consent for the present consideration of the bill $30,000 to $325,000, of which amount Sl 75,000 is to he expended for indicated by him. It has been read in full. repairs of jetties rendered necessary by the hurricane and $150,000 There being no objection, the Senate, as in Committee of the for the completion of the projected improvements at the mouth of Whole, proceeded to consider the bill. the Brazos River, intended to be proposed by him to the ri\er and The bill was reported to the Senate without amendment, ordered harbor appropriation bill; which was referred to the Committee to a third reading,~rad th third time, and passed. on Commerce, and ordered to be printed. 1\Ir. BERRY. I am v ry much obliged to the Senator from PROMOTION" OF COM1IERCE ·A.ND INCREASE OF TRADE. Washington. Mr. VEST submitted an amendment intended to be proposed by R. E. BROWN. him to the bill (S. 727) to promote the commerce and increasethe Mr. TURNER sub itted the following resolution; which was foreign trade of the United States, and to provide auxiliary read: Be it resolved by the Senate, That the Secretary of State be directed to cruisers, transports, and seamen for Government use when neces transmit to the Senate, if it be not incompatible with the public interest, sary; which was ordered to lie on the table, and to be printed. information of what st{}pS have been taken by the Department of State to protect and preserve, in the present conditiou of 'PUbli~ affairs in 8outh PROPOSED REDUCTIO~ OF REVE~UE. Africn., the r ights of R. E. Brown, a citizen of the United States of Ame::ica, in the matter of his claim against the South African Republic, together with Mr. MARTIN submitted an amendment intended to be proposed copies of all correspondence and papers relating thereto. by him to the bill (H. R. 12394) to amend an act entitled "An act to provide ways and means to meet war expenditures, and for Mr. TURNER. Mr. President, the facts relating to the c-aim other purposes," approved June 13, 1 98, and to reduce taxation of Mr. Brown are of ufficient public interest and sufficient mag thereunder; which was referred to the Committee on Finance: and nitude, I think: to justify me in asking the Senate to listen to an ... ordered to be printed. explanation of them this morning, which will occupy a few min Mr. COCKRELL submitted an amendment intended to be pro ute. posed by him to the bill (H. R. 12394) to amend an act entitled Jr. PLATT of Connecticut. If the Senator will allow me, I "An act to provide ways and means to meet war expenditures, and think the resolution should be a request ot the President rather for other purposes," approved _June 13, 1898, and to reduce taxa than of the Secretary of State. We do not take the judgment of tion thereunder; which was referred to the Committee on Finance, tb.e Secretary of State as to whether a thing is incompatible with and ordered to beprinted. the public interest or not. l\lr. TURNER. What would the Senator suggest in lieu of OSAGE RIVER, MISSOURI, IMPROVEMENT. that? Mr. VEST submitted the following concurrent resolution; which Mr. PLATT of Connecticut. That the President be requested. was considered by unanimous consent, and agreed to: Mr. TURNER. I will ask that the resolution be amended in Resolved b1t the Senate (the House of Representatives concurring), That the that pal'ticular. Secretary of ·war be directed to transmit to the Senate an additional estimate The PRESIDENT pro tempore. It will be modified accord of the amount necessary to be appropriated for the completion of the work ingly. upon the lock and dam at Brenneckes Shoals, on the Osage River, in the State of Missouri. Mr. TURNER. Mr. President, the facts I am about to relate to the Senate are of a stirring and almost dramatic interest, and BAYOU PLAQUEMINE, LOUISIANA, IMPROVEMENT. yet they are a part of the recent authentic history of the South Mr. CAFFERY submitted the following concurrent resolution; African Republic and had much to do with bringing about the which was considered by unanimous consent, and agreed to: state of feeling between the foreigners and the natives in that Resolved by the Senate (the House of Representatives concun·ing), That the country which has resulted in the O\erthrow of the Republfr. Secretary of War be directed to furmsh the Senate .and House of Rep_re~n ta l\lr. R. E. Brown, a young American mining engineer, living and tives with a supplementary report as to the necessity of an appropriation of $60,000 for completing the improvement of Bayou Plaquemine, Loui iana. operating in the Cceur d'Alene district, in the State of Idaho, about eight years ago, at the invitation of English capitalist:i. left BALTD!ORE HARBOR illPROVE:llENT. this country to go to the South .African Republic for the purpose Mr. McCOM.AS submitted the following concurrent resolution; of assisting in the development of the go!d mines of that country. which was considered by unanimous consent, and agreed to: It was about th:i.t time that Hammond, Clements, and other Resolved by the Senate (the House of Representatives concm"'l'ing), That the A.merican engineers went there, and it is not too much to say that Secretary of War be directed to transmit to the Senate an estimate of the cost the genius and the energy of those young Americans more than of deepening the channel of Curtis Bay, Baltimo!·e Harbor, in Maryland, to 30 feet, and widening the channel to 250 feet; and also an estimate of the cost anything else made that country a great gold producer and its of increasing the depth of the main ship channel of the Patapsco River and mines the most valuable of any in the \Torld. Baltimore Harbor to 35 feet, and the width thereof to 1,000 feet. At that time most of the mines were held by English compnnies MARY G. ISBELL. or Germans. The laws were very simple, but in some respect; ap Mr. COCKRELL. I move that the Committee on Pensions be pear to have been drawn in the interest of the wealthy syndicates. discharged from the further consideration of the bill (S. 498) grant Upon the discovery of new mines the President of the Republic by ing a pension to :MaryG. Isbell, widow of David S. Isbell, and that proclamation opened them to mining locations, fixing a day and it be indefinitely postponed, the claimant having died. hour at which they would be opened to such location. There::ifter The motion was agreed to. persons desiring to stake out mines had to go to the office of the responsible clerk of the district in which the mines were located ORDER OF BUSL'\fESS. to make application for licenses to locate the mines, and thereiilter J\Ir. ALLISON. Is morning business disposed of? they were authorized, either jn person or uy deputy, to go on the The PRESIDEJ.~T pro tempore. The morning business is not ground and make mining locations. concluded. Is there further morning business? Under this system most of the valuable mines of the country Mr. TURNER rose. had been absorbed, as I said, by English and German syndicates. Mr. BERRY. If there is no further morning business, I should The mode in which they operated to absorb the mines wtts to p!ace like to make a short statement. their men upon the newly opened ground and at the earlies t; pos· The PRESIDENT pro tempore. One moment, if the Senator sible moment apply for licenses to locate the mines, and then by 1901. CONGRESSIONAL RECORD-SENATE. 1249
•means of couriers with swift horseB, or by signals from mountain again bring the matter before the court. Now, how can this happen, for the law says a Volksraad resolution is law. and if I have published it, everyone to mountain where that was possible, to convey information to must respect it as law. What is now your view on the subject? their men and cause the mines to be located before their rivals CHIEF JUSTICE .. I do not know anythin~ of the particulars of the case, and could get on the ground. of what has taken place on the ground, mth regard to the lottery or subse quently. I can in no event speak a.bout that, for if the case should come on Mr. Brown had not been in the country very long before he there is but one course open to the court, and that it is to enforce the law. learned of this antiquated system, and he determined on the next PRESIDENT. Yes., I know, and therefore I speak to you about iti not upon opening of mines to apply to their location some of the snap and the facts. for possibly my information may not be quite correct, out on the resolution of the Volksraad. What has happened at the lottery,and how the go of American methods. people ca.me up there in numbers and rushed each other. proves that I could In June, 1895, President Kruger by proclamation opened the not do otherwise than withdraw the proclamation, or murder and man mines on the Witfontein farm, district of Potchefstroom, the re slaughter would have occurred in the land. But never mind that for the sponsible clerk for which resided at Doornkop, in that district. present. What I wish to speak to you about is that the court must respect the Volksraad resolution. I hear you stated in the Hess case that you had Mr. Brown determined that he would acquire some of these mines, changeu y 1.mr opinion expressed in the case of Doms, and that the court is at least, and as large a number of them as possible. Witfontein not bound by a resolution of the Volksraad. How can this be? The law was only 30 miles from Doornkop. The mines were known to be clearly says that all laws and resolutions published by me are of force, and can not be questioned; only the people can in the followiI!.g year petition very valuable, because they had been prospected on each side and against these, and then the Volksraad can decide whether it will alter the it was found that valuable gold-bearing reefs ran through them resolution. You must now tell me that you also think that this is so, and from end to end. strengthen the bond of brotherhood, so that no conflict may arise, otherwise the members and the people will rise against the court, and I will be in a Accordingly he purchased heliographic instruments and em difficult position. The country may get into great difficult.rebellion may be ployed expert heliographic operators, and without the knowledge ~~oned, and you must set my mind at ease. Now, ten me what you do of his rivals established heliographic communication between CEIIEFJU TICF.. IdidnotsayintbeHesscase thataresolutionofthe Vollrs Doornkop and Witfontein. Then he placed his men upon the raad can not under any circumstances have the force of law. This entirely ground, and on the 19th day of July, 1893, the earliest period at depends on the circumstances. I said that I had altered the opinion expressed which he was permitted to do so, he appeared at the office of the by me in the McCork:indale case in certain respects. Everything p1·oceeds responsible clerk and sought licenses to locate l ,200 mines npon from the people. The court must inquire whether a given law be, indeed, law, and whether a law or a resolution is in conformity with the Grondwet. this ground. PRESIDEXT. Oh, no. Now, you speak too indistinctly. How can you say However, on the day before the opening of the mines his rivals so? The Volksraad is the highest authority, a.nd everyone must respect the had found out about the heliographic communication, but they resolutions and laws of theVolksraad aspublishedandsubmittherE
Then they proceeded to say: I ask unanimous consent that the resolution may now be put on We can do no more at present, for, although the plaintiff is entitled to its passage. compensation against the State by reason of the unlawful conduct of an offi- The PRESIDENT pro tempore. Is there objection to the pres· cial acting upon instruction of the Government, the onus of showing, with ent consideration of the resolution? The Chair hears none. more or less definiteness and nearly as possible, the amount of the damages Mr. SPOONER. Has the resolution been amended? lies on him, and the evidence which he has submitted on this point is too vague and uncertain to enable us to base any satisfactory calcnlat1on thereon. The PRESIDENT pro tempore. The Senator from Washing· In the event of the court bein~ called upon to fix the damages later on, fur- ton [Mr. TURNER] has modified the resolution, and the question ther and more satisfactory evidence with respect thereto will, after notice now is on agreeing to the resolution as modified. served upon the Government, have to be laid before us. For the present there must be judgment in favor of the plaintiff with cost. The responsible The resolution as modified was agreed to. clerk at Doornkop is ordered to issue to the plaintiff, upon due payment of THE MILITARY ESTABLISHMENT. the necessary amount, a prospecting _license for 1,200 claims on the eastern and proclaimed portion of the farm Witfontein. On motion of Mr. HAWLEY, it was Upon tlie rendition of this judgment the President and the Volks· Ordered, That S. 4300 be reprinted as amended by the House and Senate, raad were so very much incensed that, upon a mere resolution of with amendments by the Senate numbered. the Volks1aad, the President removed these judges and appointed JOHNSON v. D. MIDDLETON. others in their place, although the constitution of the H.epublic On motion of Mr. CARTER, it was declared the independence of the judiciary and fixed the tenure of Ordered, That the papers relating to the bill s. 5470, Fifty-fifth Congress, judges for life. . third session, case of Johnson V. D. Middleton, may be withdrawn from the I now come to the last chapter of this history. The authorities files of the Senate, there being no adverse report thereon. declined to obey the mandate of the court, but issued to l\1r. NARRATIVES OF EXPLORATIONS IN ALASKA. Brown instead a license for one month; not renewable, expressly Mr. CARTER. I submit the concurrent resolution which I declaring that it was not renewable, to go upon these lands and send to the desk, and ask for its reference to the Committee on locate these mines-a license which was utterly and absolutely Printing. of no value to him. _Thereupon he applied to the court in pur- The concurrent resolution was read, as follows: suance of the directions of this decree, upon notice to the Govern· Resolved by the Senate (the House of R e'T!resentatives concurr-ing), That ment, to fix the amount of his damages by reason of the depriva· there be printed and bound 5 000 copies additional t.o the usual number of the tion of these claims, which, it was susceptible of proof, would compilation of Narratives of Explorations in Ala.ska, reported from the Sen- ate Committee on Military Affairs April 18, 1900, of which 2,000 copies shall be amount to the sum he claimed, of about $1,850,000. These claims for the use of the Senate, 2,000 copies for the use of the House of Representa.- are now worth five or six million dollars. tives, and 1,000 copies for the use of the War Department. But the personnel of the court having been changed in the mean· Mr. PETTIGREW. I think the resolution ought to beamended time for the purpose of defeating justice in his case, he was dis- by increasing the number from 5,000 to 10,000. I hope the Senator missed out of court with costs, and invited to commence a new will accept that. suit for the establishment of his rights, which would have opened The PRESIDENT pro tempore. Does the Senator from Mon- up the trial of all these questions de novo before a court packed tana accept the amendment? for the purpose of defeating his claim. He wisely, I think, de- Mr. CARTER. I will accept the amendment and modify the termined not to adopt that proceeding, but to apply to his Govern- resolution in that way. I desire, however, that the proportions as ment to intervene for the purpose of securing justice to him under to distribution be preserved. and in accordance with the terms of the decree of the highest Mr. PETTIGREW. Let the proportions be preserved as to court of that land, which had been made in his-favor. That he distribution. was entitled to this intervention seems to me very clear, because Mr. CARTER. I will modify the resolution by making the his rights had been established by the decree of the court. The number for the Senate 4,000, the number for the Honse of Repre· executive and the legislative departments of the Government had sentatives 5,000, and the number for the use of the War Depart intervened unlawfully to prevent his securing his rights, and had ·ment 1.000. packed a court against him, so that it would have been impossible The ·PRESIDENT pro tempore. The concurrent resolution for any further applic tion before the court to have had any effi- will be so modified; and as modified will be referred to the Com· ciency. mittee on Printing. .Mr. President, this being the fact, he was entitled to have these PROMOTION OF TRADE A.ND INCREASE OF COMMERCE. claims pressed by the Government of the United States against On motion of Mr. FRYE, it was the South African Republic. In a letter from Mr. Forsyth, Secretary of State, February 12, Orde:red, That 500 copies of Senate Report No. 473, on the bill known as 1839, the duty of the Government in such cases as this is laid the shipping bi~, be printed for the use of the Senate. down as follows: HOUSE BILLS REFERRED. The propos~tion that those who resort t~ f9r~ign ~ountrie.s a.re b~und to The following bills were severally read twice by their titles snbmit to their laws, as expounded by the Jndimal tribunals, IS not disputed. and referred to the Committee on Indian Affairs: The exception to this rule, however, is that when palpable injustice-that is A bill (H. R. 8814) to provide for the entry of lands formerly in to say, such as would be obvious to the whole world-is committed by that authority toward a. foreigner for alleged infraction of municipal law, of the Lower Brule Indian Reservation, S. Dak.; and treaties, or the law of nations, the government of the country whereof the A bill (H. R. 10226) for the protection of cities and towns in foreigner is a citizen or subject has a. clear right to hold the country whose the Indian Territory, and for other purposes. authorities have been guilty of the wrong accountable therefor. The following bills were severally read twice by their titles, · Mr. Secretary Cass, in a letter to Mr. Dimitry, dated May 3, 1860, and referred to the Committee on Naval Affairs: stated the right as follows: A bill (H. R. 4728) providing for leaves of absence to certain It is quite true that, under ordinary circumstances, when citizens of the I employees of the Government; and pnited States go to a forE?ign country they _go with an in;iplied und_ersta.!!d- A bill (H. R. 11598) for the relief of Frank B. Case. mg that they '!-re t9 obey its laws and submit themse~ves m good faith to its The following bills were severally read. twice by their titles and established tribunals. * * * The case, however, IS very much changed . . ' when no impartial tribunals can be said to exist in a foreign country, or referred to the Comnnttee on Commerce: when th~:s; have been arbitrarilyco.ntr~lled by_ t_he government to th~ injury 1 A bill (H. R. 9595) to authorize the purchase of a steam launch of our citizens. ~.also, the case. IS widely di1Ierent when the foreign IJ0.v- for use in the customs collection district of Galveston Tex · ernment becomes itself a va.rty to llllportant contracts and then not only ra11s . _ . . ' · • . to fulfill t hem, but capriciously annuls them, to the great loss of those who A bill (H. R. 1178<>) to provide for the construct10n of a bridge have inyested t~eir. time and labor and capital from a. reliance upon its own by the Fargo, Duluth and Northwestern Railroad Company across good faith and Justice. the Red River of the North at Fargo, N. Dak.; I might read many other extracts from letters of our diplomatic A bill (H. R. 11786) to declare a branch of the Mississippi River officers establishing the same proposition, but I shall not take up opposite the city of La Crosse, Wis., and known as West Channel, the time of the Senate in doing so. to be unnavigable, and that the said city be relieved of necessity .Mr. Prnsident, I do not know what action the Secretary of State of maintaining a draw or pontoon bridge over said West Channel; took in reference to the South African Republic while that was in and existence, but, unfortunately, it is no longer in existence; it has A bill (H. R. 13437) providing for the construction of a bridge been overthrown by the Kingdom of Great Britain, and the lands across the Yalobusha River, in Grenada County, State of Missis· of the Republic have been annexed to the Empire of Great Britain. sippi. Great Britain having succeeded to the sovereignties of the terri- The bill (H. R. 4910) to establish a lobster hatchery in the State tory, upon well-known principles of international law likewise of .Maine was read twice by its title, and referred to the Commit succeeds to the obligations. of the Government of the territories tee on Fisheries, which have been overthrown; and the object of this resolution is DUPLICATE OF LOST CHECK. to ask the President to inform the Senate what steps have been The PRESIDENT pro tempore laid before the Senate the fol· taken and what steps are being taken to press upon Great Britain, lowing resolution from the Honse of Representatives; whi~h was who is now the sovereign of this territory, the meritorious claims, read: established and adjudicated by the hjghest court of that country, Resolved, That the Senate be reg.nested to return to the House the bill of of this American citizen. the Senate 21Ua1 entitled "An act directing the issue of a. duplicate of a lost 1901. CONGRESSIONAL , RECORD-SENATE. 1251 check drawn by William H. Comegys, major and paymaster. United States As I have just said, I made the statement upon what I consid Army, in favor of George P. White." · ered to be the highest possible authority, which I will not name, The PRESIDENT pro tempore. The Senate heretofore agreed and I simply desire to express regret that I inadvertently attr~buted to the amendments sent over by the House of Representatives to a matter to General Otis which he disclaims. the bill. If there be no objection, the vote by which the amend Mr. COCKRELL. Does he tell who did issue them? ments were agreed to will be reconsidered and the bill returned Mr. GALLINGER. He does not. to the House of Representatives, in accordance with its request. The Chair hears no objection, and that order is made. LEGISLATIVE, EXECUTIVE, -AND JUDICIAL APPROPRIATION BILL. ' MISSISSIPPI RIVER BRIDGE. Mr. ALLISON. I move that the Senate proceed to the consid The bill (H. R. 12548) to authorize the construction of a bridge eration of the lf'gislative, executive, andjudicialappropriation bill. across the Mississippi River at or near Grays Point, Missouri, was The motion was agreed to; and the Senate, as in Committee of read twice by its title. the Whole, proceeded tothe consideration of the bill (H. R. 12291) Mr. 1\IASON. I ask unanimous consent for the immediate con making appropriations for the legislative, executive, and judicial sideration of the bill, the title of which has just been read. The expenses of the Government for the fiscal year ending June 30, bill is an exact copy of a bill which has been acted upon by the 1902, and for other purposes, which had been reported from the Committee on Commerce and reported favorably to the Senate. Committee on Appropriations With amendments. The PRESIDENT pro tempore. The Senator from Illinois asks Mr. ALLISON. I ask unanimous consentthattheformalread unanimous consent for the present consideration of a bill which ing of the bill may be dispensed with, that it may be read for has just come from the House of Representatives. Is there objec amendment, and that the committee amendments may be first tion? considered. There being no objection, the Senate, as in Committee of the The PRESIDENT pro tempore. The Senator from Iowa asks Whole, proceeded to consider the bill. nnanimous consent that the formal reading of the bill be dispensed The ·bill was repor ed to the Senate without amendment, ordered with, that it be read for amendment, and that the committ~e to a third reading, read the third time, and passed. amendments shall first receive consideration. Is there objection? The Chair hears none, and it is so ordered. The reading will be PRESIDENTIAL APPROVALS. proceeded with. . _ A message from the President of the United States, by Mr. 0. L. The Secretary proceeded to read the bill. The first amendment PRUDEN, one of his secretaries, announced that the President had, of the Committee on Appropriations was, under the subhead ''Office on the 19th instant. approved and signed the following acts: of the Vice-President,:> on page 2, line 6, to increase the appropri An act (S. 2884) for the relief of Edward Everett Hayden, an ation for the salary of the telegraph operator from 1,200 toSl,400; ensign on the retired list of the Navy; and · and in line 8, to increase the total appropriation for the office of An act (S. 5231) relating to the accounts of United States mar the Vice-President from $5,460 to $5,660. shals and clerks of the district courts of the Territory of Utah. The amendment was agreed to. MESSAGE FROM THE HOUSE. The reading was continued to line 8 on page 6. A message from tp.e House of Representatives, by Mr. W. J. Mr. ALLISON. On page 6, line 8, after the word "room," I BROWNING, its Chief Clerk, announced that the House disagrees move to insert on behalf of the committee: To be selected by the Official Reporters, in lieu of messenger provided for to the amendments of the Senate to the amendment of the House by Senate resolution of December 7, 1900. to the bill (S. 4300) to increase the efficiency of the military estab lishment of the United States, agrees to the conference asked for So as to read: by the Senate on the disagreeing votes of the two Houses thereon, Messenger to Official Reporters' room, to be selected by the Official Report and had appointed Mr. HULL, Mr. BROWNLOW, and Mr. HAY man ers, etc. - agers at the conference on the part of the House. The amendment was agreed to. EXECUTIVE SESSION. The-next amendment of the Committee on Appropriations was, under the subhead" Office of Sergeant-at-Arms and Doorkeeper," Mr. FORAKER. I move that the Senate proceed to the con on page 6, line 9, to increase the appropriation for the salary of sideration of executive business. messenger in charge of storeroem from 81,200 to $1,440; in line The motion was agreed to; and the Senate proceeded to the con 19, to increase the number of laborers at $840 each from 3 to 4; sideration of executive business. After two hours and twenty in line 21, to increase the number of laborers at $720 each from five minutes spent in executive session the doors were reopened. 49 to 53; and on page 7, line 1, to increase the total appropriation MESSAGE FROM THE HOUSE. for the maintenance of the office of Sergeant-at-Arms and Door A message from the House of Representatives, by Mr. W. J. keeper from $146,104 to $150,064. BROWNING, its Chief Clerk, announc~ that the House had passed Mr. ALLISON. In line 1, on page 7, I ask that the total be the following bills: changed so as to make the amount 8151,504. A bill (8. 122) to amend the act entitled "An act to amend the The amendment to the amendment was agreed to. criminal laws of the District of Columbia," approved July 8, 1898; The amendment as amended was agreed to. A bill (S. 1996) revoking and annulling the subdivision of Pen The next amendment of the Committee on Appropriations was, cote Heights in the District of Columbia; and under the subhead" Under Architect of the Capitol," on page 8, A bill (S. 4816) to provide for the closing of part of an alley in line 4, before the word" conductors," to strike out" five" and in square 169, in the city of Washington, D. C., and for the sale sert ·~seven;" in line 6, after the word "dollars," to insert "ma thereof to the Young Men's Christian Association in the city of chinist and electrician, $1,000;" and in line 10, before the word Washington. "hundred," to strike out" twenty-two thousand five" and insert ENROLLED BILL SIGNED. "twenty-five thousand nine;" so as to make the clause read: Under Architect of the Capitol: For chief engineer, $2,160; 4 assistant engi The message also announced that the Speaker' of the House had neers, at $1.440 each; 1 conductors of elevators, at $1,200 each; machinist and signed the enrolled bill (H. R. 4633) granting a pension to John assistant conductor of elevators, 1,000; machinist and electrician, $1,000; 3 Calvin Lane, and it was thereupon signed by the President pro firemen, at $1,095 each; 6 laborers, at $720 each; in all, $25,925. tempo re. The amendment was agreed to. PERSONAL EXPLANATION-LIQUOR LICENSES IN MANILA, The next amendment was, under the subhead" Capitol police," Mr. ALLISON. Mr. President- on page 10, line 10, to increase the number of privates from 25 to Mr. GALLINGER. -'I ask the Senator from Iowa to yield to 31, and in line 15, to increase the total appropriation for the Capi- - me for just one moment. tol police from 869,400 to $75,160. · Mr. ALLISON. Certainly. _ The amendment was agreed to. Mr. GALLINGER. Mr. President, during the morning hour Mr. ALLISON. On page 15, line 12, in the appropriations for I meant to call the attention of the Senate to a telegram that I re the "Office of the Clerk of the House of Representatives," after the ceived yesterday from General Otis. In the debate on tl;ie Army words" bill clerk," I move to strike out the words" under resolu bill on Frida.y last, I believe I made the statement upon what I tion of February 2, 1900." This is a House matter, and the considered to be good authority that licenses in Manila were issued amendment is made at the request of the House. by an officer of the Army whose residence was in California. I The amendment was agreed to. meant General Otis. General Otis telegraphs me as follows: The reading of the bill was resumed. [Telegram.] Mr. ALLISON. In line 15, on page 15, on behalf of the com Los ANGELES, C.A.L., January 19, 1901. mittee, before the word" laborers," I move to strike out "seven" Hon. J. H. GALLINGER~ and insert "ten," so as to read: United States Senate, Washington, D. C. Ten laborers, at S720 each. Am constrained to remind you that I am not the man. I never granted or had power to grant a single liquor license in Manila. Only connection I ever The amendment was agreed to. had with a like matter was to act officially twenty years ago in enforcing The reading of the bill was resumed. . Government restrictions against importation of liquor and firearms into Alaska. Mr. ALLISON. I move to amend, in line 23, on page 16, by HARRISON .GRAY OTIS. striking out '' $137, 110 " and inserting '' $139,270," so as to correct 1252 CONGRESSIONAL RECORD-SEN.ATE. JANUARY 21,
the total of the appropriation for the office of the Doorkeeper of each; 8 clerks, at $900 each; 2 clerks, at $800 each; 7 clerks, at 720 each· 1 the House in accordance with the amendment just made. clerk, $600; 1 messenger boy, $360. Arrears, special service: Three clerks, 'at 'rhe amendment was agreed to. $1,200 each; 1 porter, $720; 1 messenger boy, $3ti0; in all, $55,680. The reading of the bill was resumed. The next amendment of The amendment was agreed to. the Committee on Appropriatfons was, under the subhead" House The ne t amendment was, on page 27, after line 2, to insert: of Representatives," on page 17, after Jine 16, to insert: To en le the Library of Congress to be open for reference use from 2 un til 10 o' ock p. m. on Sundays, 10,000, or so much tber of as may be neces To continue the employment of the special messenger, authorized in the sa:ry f . the extra services of employees and additional employees under the resolution adopted by the House of Re:presantatives December 18, 1900, to L1br ian. serve in the room a.<::signed the minority side of the House, at the rate of $1,200 per annum, from March 4, 1901, to June 30, 1002, inclusive, 1,593.33. . GALLINGER. Mr. President, in reference to this pro The amendment was agreed to. p ed amendment of the committee, to open the Library of C'on The next amendment was under the subhead "Office of the gr ss on Sunday, I simply want to express my' dissent from it as Public Printer," on page 21, line 11, to increase the appropriation I believe it unwise and unnecessary. ' for the salary of the chief clerk from $2,500 to $2,7:50; and in line I do not believe the Library of · Congress ought to be opened on 13, to increase the total appropriation for the office of the Public Sunday. The Capitol is not opened on Sunday; the Treasury De Printer from $15,200 to $15,450. partment and the other Departments of the Government are not The amendment was agreed to. opened on Sunday. This is essentially a national library and I The next amendment was, under the subhead '-'Library of Con can not for the life of me understand why it should be ope~ed on gress," on page 21, line 22, to increase the appropriation for the Sunday. salary of the Librarians secretary from 81,500 to $1,800; in line We yielded to the importunities of the people of the District of 23, to increase the appropriation for the salary of one clerk from Columb~a to op.en the Library in the evening, and it seems to me, 900 to $1,000; and in line 25, to increase the total appropriation as the Llb~ary lB now op~ned for thirteen hours .a day six days in for the general administration of the Library of Congress from the week, It ought to sat1sfy the people who desire to consult the $15,620 to $16,020. books that are there stored. The amendment was agreed to. I have a letter from a very intelligent woman, a resident in this The next amendment was, on page 22, line 18, before the word ci~y, whos~ ~ame I will n_ot men~ion, who enters a protest against "assistants," to strike out "two" and insert "three;" in line 19, thlS proposit10n, from which I will read an extract, which I think before the word" assistants,"to strikeout" five" and insert" six;" is sound sense: in line 20, after the word "each," to insert "three assistants at The proposed amendment to the legislative bill to open the Library of Congr~ s from 2 p. m. to 10 p. m. on Sul!-d~ys is objectionable on many cores, $1,400 each;" in line 21, before the word" assistant," to strike out bu~ chiefly so.because o~ ~he fact that it is the library of Congress, directly ''six" and insert ':eight;" in line 22, after the word '' each," to actmg under its su-perVIS1on, control, and patron~e . It is moreover essen· tially a .referei;ice l,ibrary, ~d not a publi~ li ~rary In the same sense that the strike out " one assistant, $1 ,000," and insert "five assistants, at Carnegie Public Library will be a public lilStitution when completed. $1,000 each;" and on page 23, line 5, before the word "hundred," If the tr"!lstees of the Carneg:ie Library, which is a municipal librarl, see to strike out" fifty-two thousand two'' and insert a sixty-six thou fit. to open it.s doors seven days m the week, that is a matter of persona con· sci~nce and Judgm~nt; . but for .Congress, the highest law-making body in the sand one;" so as to make the clause read: Umted StatE:s, to give its sanction and approval to opening its library on the Catalogue and shelf: For chief of division, S3,000; 3 assistants, at $1,800 each; Sabbath day is a grave departure from those ideals of decorum and ~odliness six assistants. at Sl,500 each; 3 assistants, at 1,400 each; 8 assistants, at $1,200 which have dignified us as a nation hitherto. each; 5 assistants, at $1,000 each; 11 assistants, at $900 each; 2 assistants, at It does appear that thirteen hours a day, from 9 a. m. to 10 p. m six days $800 each; 10 assistants, at $720 ea-0h; 3 as,,'istants, at $600 each; 10 assistants, at in the week, is sufficient Library service, and that the employees ~f this in· $540 each; 4 assistants, at $480 each; 6 messengers, at ~each; in all, $66,180. stitution covering not only the Librarian's force, but also the force of Mr Green s iperinten~ent of the L~brarr ~uilding and grounds, should not be The amendment was agreed to. compehed to do violence to their religious scruples, deprived of their Sab· The next amendment was, on page 23, line 22, to increase the bath, and treated with such markec;l and exceptional harshness by Congress. appropriation for the salary of 1 assistant (reading room for the Many of these men have only this one day to speLd with their wives and little ones. It is a day sacred wit}?. r~ligious precedent and association; it is blind) from $900 to $1,000, and on page 24, line 10, to increase a day the most pronounced materialists advocate for the mental 3Ild physical the total appropriation for reading rooms in the Library of Con rest it a~ords to tired humanity; i~ is a day this country has always held in gress from" 847,340" to" 847,440." veneration, and we should long hesitate to take the fir t steps1 officially by The amendment was agreed to. Congress, toward the meretricious standards of the continental Sunday. The reading of the bill was resumed. Mr: Pr.esident, ~am not narrow in my views concerning matters Mr. ALLISON. On page 25, line 1, I move to strike out the of this kind, but It seems to me that Congress bas dealt with great words" two assistants, at $720 each," and insert'' one assistant, at generosity concerning this Library and that the people of the Dis 8900; one assistant, at $720." trict of Columbia should certainly not find fault With what Con The PRESIDENT pro tempore. The amendment will be stated. gress has done. The SECRETARY. On page 25, line 1, after the word ''dollars," The nation has built the Library; the nation sustains it; and in it is proposed to strike out "two assistants, at 720 each," and in this bill we are appropriating at least $375,000 for its maintenance sert" one assistant, at $900; one assistant, at $720;" so as to make in various forms. While I am quite aware of the fact that a great · the clause read: many libraries throughout the country are open on Sunday, they Manuscript: For chief of division, 1,500; 1 assistant, at~; 1 assistant, at are municipal institutions; but it is somewhat different when we $720; 1 messenger boy,~; in all, $3,300. come to deal with this national Library. The amendment was agreed to. I do not care to be hypercritical in the matter. The clamor has Mr. ALLISON. I also move to change the total of the appro come from citizens of this District that this Library shall be opened priation to correspond with the amendment just made, by strik on Sunday, and yet they have done very little for themselves in ing out, in line 3, on page 25, after the word" all," the words the establishment of libraries. In the little State of New Hamp "three thousand three hundred dollars ' and inserting " three shire we have over 200 town libraries. In the State of Massachu thousand four hundred and eighty dollars." setts there are only two or three towns where a town library does The amendment was agreed to. not exist, but the great city of Washington did not have a library Mr. ALLISON. I ask unanimous consent to go back to page 6, until Congress came to its rescue and provided to pay one-half the line 4, where, after the word "each," I move to strike out" forty expenses of it; and Congress is paying one-half its maintenance. six" and insert ''forty-seven," as the number of messengers in the For that municipal library the nation gave the land and Mr. Car office of the Sergeant-at-Arma and Doorkeeper of the Senate. I negie gave the money to build it. That will be a city library, and supposed that amendment had been made. I am glad Washington is to have it. The people of Washington The amendment was agreed to. will take great pride in it as a city institution. The Congressional The reading of the bill was resumed. The next amendment of Library is a great national library, built and supported by t he na the Committee on Appropriations was, on page 26, line 9, after the tion. We have dealt very generously in its construr.tion, in its word "dollars," to insert ''one assistant for evening service, one equipment, and in its maintenance; and I submit, 1\h. Pre ident, thousand five hundred dollars," and in line 11, before the word that I think we ought to go slow in reference to opening it on the ''hundred," to strike out ''six thousand two " and insert '' seven Sabbath day. thousand seven;' so as to make the clause read: I shall vote against the amendment, and trust that it may not Law library: For custodian, $2,500: two assistants, at $1,400 each; one mes be incorporated in this bill. senger, $000; one assistant, for evening service, 1,500; in all, $7,700. l\fr. ALLISON. This amendmentdid not originate in the Com The amendment was agreed to. mittee on Appropriations, but in an amendment proposed by the The next amendment was, on page 26, line 13, after the word Senator from Michigan [Mr. 1\IoMILL.A.N], the chairman of the "dollars," to insert "chief clerk, 82,000;" in line 14, before the Committee on the District of Columbia. It was referred to the word "clerks," to strike out "four" and insert "three;" and on Committee on the Library, and that committee communicated page 27, line 2, before the word ''hundred," to strike out ''four" with the Librarian of Congress, who wrote to the chairman of the and insert "six;" so as to make the clause read: Committee on the Library a very strong letter recommending the opening of the Library during the hours specified in the amend Copyright office.i...under the direction of the Librarian of Congress: P.eais ter of copyrights, ~.000; chief clerk, ~.000; 3 clerks at $1,800 each; 4 cle:ks, ment. at $1,600 each; 4 clerks, at 1,400 each; 9 clerks, at $1,rol each; 3 clerks, at 1,000 Mr. CHILTON. What are those hours? 1901. CONGRESSIONAL RECORD-SENATE. 1253
Mr. ALLISON. From 2 until 10. The amendment was re The next amendment was, on page 28, line 2, before the word ferred to the Committee on Appropriations. There is a printed "and," to strike out "purchase of periodicals, serials" and insert document respecting it, known as Report No. 1761, made by the ''subscription to miscellaneous current periodicals;" so as to make Library Committee, which accompanies. the amendment. the clause read: The 'senator from New Hampshire states very truthfully that For subscription to misc~llaneous current periodicals and newspapers, the United States provides liberally for the Library in the appro $5,000. priation bill. This appropriation bill, instead of carrying the sum The amendment was agreed to. named by the Senator from New Hampshire, carries an appropria The _next amendment was, on page 28, line 4, to increase the tion for the Library of $550,000. total appropriation for increase of Library of Congress from Mr. GALLINGER. I will say to the Senator from Iowa that 61,300 to $111,300. I simply glanced over it hurriedly. The amendment was agreed to. Mr. ALLISON. If we shall deduct this item of $10,000, which The next amendment was, on page 29, line 2, before the word has been inserted by the committee, after being proposed by the "dollars," to strike out" three hundred and twenty-five" and in· Committee on the Library and introduced by the Senator from sert "four hundred and eighty;" in line 6, before the word "dol Michigan, we will be able to reduce the appropriation to $540,000 lars, ' to strike out "one hundred and eighty~' and insert "two per annum, making a saving of $10,000. hundred and forty;" in line 7, after the word" dollars," to insert The Library cost more than $6,000,000, and the whole sum was "one assistant engineer, Sl,200;" in line 9, b~fore the word "assist expended by the Congress of the United States from taxation paid ant," to strike out"four" and insert "three;" and in line 17, by the people. I can conceive of no better way for the good peo before the word "dollars," to strike out" sixty-seven thousand ple of the United States who happen to be sojourning in Washing nine hundred and sixty-five" and insert "seventy thousand eight ton to spend time than to spend two or three hours or more on a Sun hundred and seventy-five;~' so as to make the clause read: day afternoon in the Libnry, either reading or contemplating what Custody, care, and maintenance of Library building and grounds: For su is to be found there. There is always a time, during the sessions perintendent of the Library building and groundB, $5,000; for clerks, messen · of Congress especially, when there are a very large number of gers, watchmen, engineers, firemen, electricians, elevator conductorg, me chanics, laborers, charwomen, and others, as follows: Chief clerk, $2.UOO; strangers in the city who would be obliged otherwise to remain at clerk, Sl,400; clerk, 1,000; messenger, $840; assistant messenger, $i20; tele their hotels. I think it would be a great service to them to have phone operator, $600; captain of watch, $1,400; lieutenant of watch, SLOOO; 18 an opportunity to spend a portion of the Sabbath day in this way. watchmen: carpenter, S'\!UO; painter, $900; foremen of laborers, $900; 13 labor ers, at "480 each; 2 attendants in ladies' room, at $480 each; 2 check boys, at I am sorry that it shocks the sensibilities of th·e lady correspondent $39..5 each; mistress of charwomen, $425; charwoman, $2(0; 40 charwomen, of the Senator from New Hampshire. There are a great many at $240 each; chief engineer, $1,500; 1 assistant engineer, , 1,200; 3 assistant en clerks in this city, and while they work only seven hours a day gineers, at $1,000 each; electrician, Sl,500; assistantelectrician,$1,000; twoma chinists,'at 5900 each; plumber, $900; two elevator conductors, at 5720 each; during the week days it certainly will do some of them: and per~ !J firemen; 6 skilled laborers, at $720 each; in all, $70,875. haps all of them, who are willing to spend the afternoon in the Li brary as much good as it would to spend the time in any other Mr. ALLISON. In line 3, page 29, after the word "at," I move way that I know of. to strike out "three hundred and twenty-five" and insert "four When the committee found this amendment, coming from the hundred and eighty." chairman of the Committee on the District of Columbia and then The SECRET.A.RY. On page 29, line 3, after the word" at," it is from the chairman of the Library Committee, strongly recom proposed to amend the amendment by striking out "three hun mended by the Librarian a.s a wise measure, the committee adopted dred and twenty-five" and inserting" fom hundred and eighty;" it. If Senato1·s would like to hear what the Librarian says upon so as to read: this subject-it occupies only a closely printed page, giving intelli Two check boys, at $4.80 each. gent reasons whywe should open the Library for this short period The amendment to the amendment was agreed to. during the Sabbath-I should be glad to send it to the desk and Mr. ALLISON. I wish further to modify the amendment by have it read. I think notwithstanding the objections made by changing the total from $71,875 to $71,185. the Senator from New Hampshire that the amendment ought to The amendment to the amendment was agreed to. be adopted. The amendment as amended was agreed to. Mr. GALLINGER. Mr. President, I wa-B fully conversant with The reading of the bill was resumed. The next amendment of the fact that this proposition had received the indorsement of the the Committee on Appropriations wa-B, on page 29, after line 17, to Committee on the Library and of the Librarian of Congress. I insert: was also fully aware of the fact that this amendment is likely to To pay for extra services of employees and additional employees under remain in the bill, so far as the Senate is concerned. I did not the superintendent of the Library building and grounds, on account of keep ing open the Library of Congress on Sundays, ~.000, or so much thereof as flatter myself that it would be rejected by the Senate, but I wanted may be necessary. , to put myself on record as being personally opposed to it by vot ing against it. I do not believe it is wise policy to open the Con The amendment was agreed to. gressional Library on Sunday, notwithstanding it is the popular The next amendment was, on page 30, line 4, to increase the ap · idea at the present time, and I will repeat that if we are to open propriation for furniture, including partitions, screens, shelving, the Library we ought to open our public buildings. and two covered ways across courts, from "$55,000" to "$65,000." Two Sabbaths ago two citizens of New Hampshire tried to get The amendment was agreed to. in to this l:milding. They were to be here only a day or two. They The next amendment was, under the head of "Civil Service were met at the door by an official, who said that the Capitol was Commission," on page 31, line 24, after the word "messenger," to not open on the Sabbath, and I think it is properly closed, But insert "one assistant messenger;" on page 32, line 1, after the word if we are to open the Library on Sunday, I think we ought to open "watchmen," to insert "two firemen, at 8720; one elevator con the.se other buildings, which are equally as valuable by way of ductor, 5'720; two messenger boys, at $360 each;" and in line 5, be instruction as the Library. There will be very few books seriously fore the word "hundred," to strike out "ninety-one thou.sand read on Sunday. There are very few books read seriously in that three" and insert "ninety-four thousand nine;" so as to make the Library on the evenings of the week days. Unless I am misin clause read: formed, the· character of the literature that is read there in the For 3 Commissioners, at $3,500 each; chief examiner, $3,000: secreta.ry, $2,000; 8 clerks of class 4; 10 clerks of class 3; 13 clerks of class 2; 15 clerks of class l; evenings is not calulated to greatly improve the minds of those 3 clerks, at Sl.000 each; 2 clerks, at ~ each; 1 messenger; 1 assistant mes who visit that great Library in the evening. However, I do not senger; 2 laborers; engineer, $840; 2 watchmen; 2 firemen, at $720; 1 elevator wish to delay the consideration of this bill for a moment. I sim conductor, $720; 2 messenger boys, at $360 each; in all, ~4:,94IJ. ply want to have the privilege myself of voting against the amend Mr. ALLISON. I move to amend the amendment by inserting tnent, that is all. after the word" dollars," in line 2, the word" each." The PRESIDENT pro tempore. The question is on agreeing to The amendment to the amendment was agreed to. · the amendment reported by the Committee on Appropriations. The amendment as amended was agreed to. The amendment was agreed to. The next amendment was, under the head " Department of The reading of the bill was resumed. The next amendment of State," on page 32, line 16, to increase the salary of the chief clerk the Committee on Appropriations was, on page 27, line 14,"to in from $2,500 to $3,000. crease the appropriation for purchase of books for the Library The amendment was agreed to. and for freight, commissions, and traveling expenses, etc., from The reading of the bill was continued to the end of line 1, on $50,000 to $100,000. page 33. The amendment was agreed to. Mr. McCOMAS. I should like to ask the chairman whether The next amendment was, on page 27, line 16, after the word that is a change of the existing law. I read from the bill: · "of," to strikeout "lawbooksfortheLibrary" and insert "books For a law clerk, to be selected and appointed by the Secretary of State, to and subscription to periodicals for the law library;" so as to make edit the laws of Uongress and perform such other duties as he may require of the clause read: him, at ~,500 per annum, to be available from March 4, 1901, $3,319.i4. For purchase of books and subscription~- periodicals for the law library, Mr. ALLISON. It makes the provision a little more specific under the direction of the Uhief .Justice, $3,000. than now. There is no requirement that this editing shall be done The amendment was agreed to. by a law clerk.
'- 1254 CONGRESSIONAL RECORD-SENATE. JANUARY 21,
Mr. McCOMAS. That is just what I object to. I desire to The amendment to the amendment was agreed to. move to strike out the words "for a law clerk." I should like to The amendment as amended was agreed to. state the reasons for it. The next amendment was, under the head of'' Treasury Depart l\1r. ALLISON. Does the Senator from Maryland propose to ment," on page 35, line 19, afterthe word" locksmith," to insert strike out "law clerk '! or only the word" law," so that it will "and electrician;" in line 20, before the word" hundred," to strike read "for a clerk?" Is the Senator willing that the word "clerk" out" two" and insert" four;" on page 36, line 14, after the word shaU remain? "charwomen," to insert "For the Butler Building: One fireman," Mr. McCOMAS. I think that possibly might make it worse. and in line 20, before the wo~_d" dollars," to strike out "seventy My point is this: These laws are now very late in being issued as seven thousand nine hundred and sixty" and insert "seventy it is. Years ago it cost $50,000, I believe, paid Little, Brown & Co., eight thousand eight hundred and eighty;" so as to make the clause to have the laws properly margined. I will bring the matter up read: later, if the Senator from Iowa desires. Locksmith and electrician, $1,400; captain of the watch, $1,400. * • * For Mr. ALLISON. It will be in order later, but not now under the Butler Building: One fireman. For the Cox Building, 1709 New York our agreement. avenue: Three watchmen-firemen, at 720 each; and 1 laborer; in all, $178,880. Mr. McCOMAS. I merely wish to reserve the right to move The amendment was agreed to. - the amendment later. The reading of the bill was continued to the end of line 14 on Mr. ALLISON. I will state that the object of this provision is page 37. · to facilitate the publication, and to have the Iaws edited by an Mr. ALLISON. In line 8, page 37, after the word" dollars," I intelligent lawyer, and to have no mistake made about them. move to strike out "four" and insert " two law clerks, at $2,000 In line 24, page 32, after the semicolon, I move, in behalf of the each; three.:• committee, to strike out "seven" and insert "eight." The SECRETARY. In line 8, page 37, after the word "dollars," it The SECRET.ARY. On page 32, line 24, it is proposed to strike is proposed to strike out " four" and insert " two law clerks, at out" seveu" and insert ''eight;~' so as to read: $2,000 each; three," so as to read: Eight chiefs of bureaus and 2 translators, at $2,100 each. Division of customs. * * * Two law clerks, at $2,000 each; three clerks of class 4:. The amendment was agreed to. The amendment was agreed to. The next amendment of the Committee on Appropriations was, Mr. ALLISON. I move, in line 10, page 37, after the word" dol on page 33, line_l, after the word "each," to insert "additonal to lars," to strike out "three " and insert "two." chief of Bureau of Accounts as disbursing clerk, $200;" in line 6, The SECRETARY. In line 10, page 37, strike out" three" and before the word" clerks," tostrike out "twenty-three" and insert insert "two;" so as to read: "twenty-five; " in line 8, after the word" each, "to strike out" chief messenger, $1,000; one messenger :' and insert,; two messengers;" Two clerks of class 3. and in line 15, before the word "dollars," to strike out "forty-five The amendment was agreed to. thousand five hundred and forty-nine" and insert "forty-eight Mr. ALLISON. In line 13, page 37, I move to change the total thousand four hundred and eighty-nine;" so as to make the clause by striking out the word "two" and inserting "eight." read: The SECRETARY. It is proposed to strike out, in line 13, page DEPARTMENT OF STATE. 37, the word ''two" and insert "eight;" so as to read: Seven chiefs of bureaus and2 translators. at $2,100 each; additional to chief In all, $29,890. of Bureau of Accounts as dic;bursing clerk, $200; private secretary to the Sec 'The amendment was agreed to. retarv, ~,250; 10 clerks of class 4:; 4: clerks of class 3; 10 clerks of class 2; 25 clerkS of class 1, 1 of whom is to be a telegraph operator; 5 clerks, at Sl,000 The next amendment was, under the subhead "Division of loans each; 10 clerks, at 900 each; 2 messengers; 2 assistant messengers; packer, and currency," on page 38, line 6, to increase the appropriation $720; and 13 laborers; for temporary typewriters and stenographers, to be for the salary for chief of division from $2,500 to $2,750, and in selected by the Secretary, $2,000; in all, 5148,489.44:. line 24 to increase the total appropriation for the maintenance of Mr. HALE. I see that the committee, in reporting the bill, the division of loans and currency from $69,869 to $70,119. have changed the provision as it came from the House in lines 8 The amendment was agreed to. . and 9. The House provision is for a chief messenger, at $1,000. The next amendment was, on page 39, line 10, to increase the The committee has struck that out and has put in 2 messengers, number of clerks of class 1 in the miscellaneous division from 1 which, of course, is at the old rate. Now, many of us know this to 2, and in line 12, to increase the total appropriation for the old messenger, who has been for years in the State Department. maintenance of the miscellaneous division from $11,720 to He is very attentive and has a very long and faithful service, and $12,920. I should hope very much that he might get the $1,000, unless The amendment was agreed to. there is some good reason why the committee has changed it. 1 The next amendment was, on page 40, to increase the number ask the chairman of the committee, the Senator from Iowa, what of clerks of class 4 in the offices of disbursing clerks from 1to2; induced the Senate committoe to strike out this provision and in line 17, to strike out" 1 clerk of class 3," and in line 19, to change the bill as it came from the House? increase the total appropriation for the maintenance of offices of Mr. COCKRELL. What page is that? disbursing clerks from $13,200 to $13,400. Mr. HALE. Page 33, lines 8 and 9. The amendment was agreed to. Mr. ALLISON. Many of us very well know the messenger who The next amendment was, on page 41, line 19, after the word is intended to be benefited by the provision inserted in the House. "each," to strike out'' 5 temporary clerks, during the fiscal year There are several such messengers in the public service in the city 1902, at $1,600 each, to dispose of accumulated appeals from the of Washington. A messenger is a well-known departmental desig Auditor for the War Department;" in line 24, after the word nation, carrying with it a specific salary. There was not until "accountants," to strike out "to be employed hereafter exclu this provision was inserted by the House any office known as chief sively on work other than that of revising accounts and briefing messenger. If we so provide for such an office in the State Depart opinions," and on page 42, line 5, before the word "thousand," to ment, undoubtedly we will be called on to provide for such offices strike out "sixty-three" and insert "fifty-eight;" so as to make in every other Department. the clause read: Mr. COCKRELL. Andan increase of salaries accordingly. Office of Comptroller of the Treasury: For Comptroller of the Treasury, Mr. ALLISON. Undoubtedly;. and to make a new arrange $5,500; Assistant Comptroller of the '.l'reasury, $4.500; chief clerk, $2.500; chief ment respecting messengers. Therefore we thought it was un law clerk, $2,500; 5 law clerks revising accounts and briefing opinions, 1 at $2,100 and 4: at $3,000 each; private secretary, $1,800; 4 expert accountants, at wise to make this provision exceptional or to provide for it in one $2,000each; 7clerksofclass4:; lclerkofclass3; 2clerksofclass2; typewriter Department now, making it necessary to provide for it in all the copyist, $1,000; 2 messengers; 1 assistant messenger, and 1 laborer; in all, .Departments next winter. I should be very glad to see this meri $58,960. torious messenger promoted in some way, but I do not see how The amendment was agreed to. we can very well consistently provide for it in the manner adopted The next amendment was, on page 42, in the items for office of by the House. Therefore we have recommended that the Senate Comptroller of the Treasury, after line 6, to insert: should strike it out. For 5 temporary clerks, at the rate of $1,600 per annum each, during the Mr. HALE. The Senator is confident that corresponding mes remainder of the fiscal year 1901, to dispose of accumulated appeals from the sengers in other Departments, waiting at the main doors, are paid Auditor for the War Department, $2,622.20, or so much thereof as may be $840 right through? · necessary. Mr. ALLISON. None of them are or ever have been paid, so The amendment was agreed to. far as I know, a higher sum than $840. The next amendment was, on page 44, line 10, to increase the The PRESIDING OFFICER (Mr. GALLINGER in the chair). number of clerks of class 4 in the Office of Auditor for Navy De The question is on agreeing to the amendment proposed by the partment from 1 to 4; in line 12, to reduce-the number of clerks at Committee on Appropriations. S900 each from 5 to 2, and in line 15, to increase the total appro Mr. ALLISON. I wish to modify the amendment, in lines 14 priati on for the maintenance of Office of Audi tor for Navy Depart and 15, page 33, by striking out in the total ''forty-eight thousand men t from $68,080 to $70,780. four hundred and eighty-nine" and inserting" fifty thousand five The amendment was agreed to. hundred and eighty-nine." The next amendment was, on page 45, line 24, to increase the 1901. CONGRESSIONAL RECORD-SENATE. 1255 number of clerks of class 4 in the Office of Auditor for Post-Office The next amendment was, on page 58, line 3, to increase the ap Department from 13 to 18; on page 46, line 8, to increase the num propriation for rent of buildings under the control of the Treasury ber of messengers from 2 to 6; in line 9, to reduce the number of Department from $8,890 to $9,394. male laborers from 25 to 23, and in line 12, to increase the total The amendment was agreed to. appropriation for maintenance of Office of Auditor for Post-Office The next amendment was, on page 62, line 8, after the word Department from '565,500 to $576,540. "dollars," to insert "assistant paying teller, 81,500;" and in line The amendment was agreed to. 19, after the word "all," to strike out "forty-four tho"Q.Sand" and The next amendment was, on page 46, line 24, to increase the insert "forty-five thousand five hundred;" so as to make the clause appropriation for the salary of the Deputy Assistant Treasurer, read: Office of the Treasurer, from $3 ,000 to $3,200; in line 25, to reduce Office of assistant treasurer at Chicago: For assistant treasurer, $5,000; the appropriation for the salary of the assistant cashier from ca.shier, $2,500; vaultclerk, 1,800; paying teller, 1.800; assistantpayingteller, $1,500; assorting teller, 1,500; J'eceiving teller, $1,500; clerk, 1,600; book $3,200 to $3,000; on page 47, line 2, to increase the number of keeper, $1,500; 3 coin, coupon, and currency clerks at $1.500 each; 15 clerks, chiefs of division from 5 to 6; in line 13, to increase the number at l,200each; messenger.$840; stenographer,$720; Janitor,1 $600,and 3 watch of expert countera from 22 to 30; in line 16, to increase the num men, at 720 each; in all, $!5,520. ber of assistant messengers from 6 to 7; in line 17, to increase the The amendment was agreed to. number of pressmen from 4 to 6; in line 19, to increase the num The next amendment was, on page 64, line 18, to increase the ber of separators from 8to14, and in line 22, to increase the total number of "assistant tellers at SI,200 each" in the office of the appropriation for the Office of the Treasurer from $297,500 to assistant treasurer at New York from "8" to "9;" in line 20 to $313,240. increase the number of "assistant tellers at Sl,000 each" from The amendment was agreed to. '' 6" to ''7;" in line 20toincrease the number of'' assistant tellers The next amendment wae, in the items for the office of the Reg at $900 each" from "5 " to "7; " and on page 65, line 8, to increase ister of the Treasury, on page 48, line 15, to increase the number the total appropriation for maintenance of the office of assistant of clerks at $1,000 each from 1 to 3; in line 16, to reduce the num treasurer at New York from "$204, 780" to " $208, 780." ber of clerks at 8900 each from 22 to 20, and in line 18, to increase The amendment was agreed to. the appropriation for the total expenses of the Office of the Regis The reading of the bill was resumed and continued to the end of ter of the Treasury from $65,770 to $65,970. the clause making appropriations for the office of assistant treas The amendment was agreed to. urer at Philadelphia. on page 65, line 25. The reading of the bill was continued to page 50, line 2. Mr. PETTIGREW. We have been in session more than five :Mr. ALLISON. On page 49, line 21, after the word" dollars" hours and a quarter. and I think the bill might go over for to-day. and the semicolon, I move to insert "bookkeeper, $2,100," and in Mr. ALLISON. I ask the Senator to withhold making a motion the same line, after the word ''teller," I move to strike out'' book to adjourn for a moment until we reach the appropriations for keeper; " so as to read: mints and assay offices, on page 67. Boo~eeper, $2,100; teller and assistant bookkeeper, at $2,000 each. Mr. PETTIGREW. Very well. The amendment was agreed to. The reading of the bill was resumed and continued to the ap Mr. ALLISON. on page 50, line 2, I move to strike out ''eight" propriations for mints and assay offices, beginning on line 14, and insert "nine;" so as to read: page 67. Mr. ALLISON. I ask unanimous consent to go back to page 7, In all, $16,920. line 17. After the word '·dollars," in line 17, on behalf of the The amendment was agreed to. committee, I wish to have inserted the amendment which I send The next amendment of the Committee on Appropriations was, to the desk. on page 53, line 7, after the word " dollars," to insert: The PRESIDENT pro tempore. The amendment will be stated. Of which amount not exceeding $500 maybe used for the purchase of refer ence books, maps, and drawing materials necessary for the work of the The SECRETARY. On page 7, line 17, after the word" dollars," office; it is proposed to insert: And the said document room is hereby transferred to and placed under So as to make the clause read: the jurisdiction of the Secretary of the Senate. For payment of the sernces of experts, an~ for other necessary expendi tures connected with the collection of facts relative to the internal and-for Mr. ALLISON. The object of the amendment is to transfer ~!g~ commerce of the United States, $!,000, of which amount not exceeding to the Secretary of the Senate the control of our document room, S5(Xl may be used for the purchase of reference books, maps, and drawing which is now under the control of the Sergeant-at-Arms. The materials necessary for the work of the office. change is agreeable to both of these officers, and the Committee The amendment was agreed to. on Appropriations ask leave to offer the amendment. Probably The next amendment was, on page 53, line 12, to reduce the ap it is in a way legislation, and I ask unanimous consent that the propriation for the salary of the Chief of the Secret Service Divi amendment may be received. sion from ;s4,000 to $3,500; in line 13, to reduce the appropriation The PRESIDENT pro tempore. The amendment will be re for the salary of the chief clerk of the Secret Service Division ceived in the absence of objection. from $2,500 to $2,000, and in line 16, to reduce the total appropri Mr. McCOMAS. I should like to know what is the reason for ation for the maintenance of the Secret Service Division from the proposed tran sf er? S14,020 to 513,020. Mr. ALLISON. It is for the convenience of the employees in The amendment was agreed to. the document room and also for the convenience of the Secretary The next amendment was, on page 53, line 25, to increase the of the Senate and of the Sergeant-at-Arms. appropriation for the salary of the adjuster in the Office of Con The amendment was agreed to. struction of Standard Weights and Measures from$1,500to 1,800; The PRESIDENT pro tempore. The period aftor the word on page 54, line 1, to increase the appropriation for the salary of "dollars," in line 17, on page 7, should be changed to a comma. 1 verifier from $1 ,500 to_.$1,800; and in line 4 to increase the total Mr. ALLISON. That is right. Let the period after the word appropriation for the maintenance of the Office of Construction ''dollars " be changed to a comma. of Standard Weights and Measures from $9,410 to $10,010. The PRESIDENT pro tempore. That change will be made in The amendment was agreed to. the absence of objection. The next amendment was, on page 54, line 18, to increase the Mr. ALLISON. I move that the Senate adjourn. number of clerks of class 2 in the Office of the Director of the The motion was agreed to; and (at 5 o'clock at 25 minutes p. m.) Mint from 1 to 2; in line 19 to reduce the number of clerks of the Senate adjourned until to-morrow, Tuesday, January 22, 1901, class 1from4to3; and in line 23 to increase the total appropria at 12 o'clock meridian. tion for the maintenance of the Office of the Director of the Mint from $29,560 to $29, 760. EXECUTIVE BUSINESS-PRINTING OF EXECUTIVE The amendment was agreed to. JOURNAL. The next amendment was, on page _55, line 15, after the word Resolutions adopted by the Senate in executive session Monday, "production," to insert" and consumption;" so as to make the January 21, 1901: clause read: Resolved, That the entire Executive Journal of the Senate from the 3d day For the collection of statistics relative to the annual production and con of March, 1869, the date to which said proceedings have already been printed sumption of the precious metals in the United States, $3,500. and published by order of the Senate, be printed to the end of the last session The amendment was agreed to. of the Fifty-first Congress, under the direction of the Secretary of the Sen The next amendment was, in the appropriations for contingent ate, with a suitab!e index to each volume, and that 250 copies be printed. expenses of the Treasury Department, including all buildings Resolved, That the injunction of secrecy be removed therefrom. under control of the Treasury in Washington, D. C., on page 57, NOMINATIONS. line 11, before the word" thousand," to strike out" one" and in sert" two;" so as to make the clause read: Executive nominations received by the Senate Janua.1·y 21, 1901. For postage required to prepay matter addressed to Postal Union coun REGISTER OF LAND OFFICE. tries. and for postage for the Treasury Department, $2,500. Franklin Moses, of Alaska, to be register of the land office at. The amendment was agreed to. St. Michael, Alaska, vice Edmund D. Wiggin, resigned. 1256 . CONGRESSiONAL RECORD-HOUSE. JANUARY 21,
PROMOTIONS IN THE NA VY. holders of said company upon Auch terms as to the cancellation and surren· der of the old stook as the said resolution or written consent of the stock First Lieuts. Henry Leonard and Henry W. Carpenter, to be holders shall specifically set forth and provide. The balance of the stock is captains in the United States Marine Corps, from the 23d day of sued under this authority, not allotted, may be sold by the company for the July, 1900, to fill vacancies existing in that grade. purpose of carrying out tbe provisions of this act: Provided further, That the -total amount of the stock of said company herein authorized to be issued shall Second Lieuts. Richard G. McConnell, John W. Wadleigh, not exceed itsa-0tual value. to be ascertained by its board of directors by a capi- William R. Coyle, and Richard S. Hooker, to be first lieutenants talization upon a 4 per cent basis of the average net earnings of the company in the United States Marine Corps. from the 23d day of July, 1900, for. th1:ee years ?ext preced:iJ;ig the issue or issues of said stock, the said cap1- talization by said board of directors to be made under the supervision and to fill vacancies existing in that grade. approval of the supreme court of the District of Columbia upon petition PROMOTIONS IN THE ARMY. therefor by said company under such regulations as the chief justice and the justices thereof shall prescribe. Infant1-y arm,. 8Ec. 4. That where asphalt pavements or trees are injured or destroyed by leakage from gas mains the company owning such mains shall be responsible Lieut. Col. Philip H. Ellis, Eighth Infantry, to be colonel, Jan for such damage or loss, and the Oommissioners of the District of Columbia uary 17, 1901, vice Freeman, Twenty-fourth Infantry, appointed are hereby authorized to recover dama~es therefor by appropriate action in brigadier-general and retired from active service. any court of said District having jurisdiction of the same. SEC. 5. That all acts or part of acts inconsistent with the provisions of this Maj. David J. Craigie, Twenty-fifth Infantry, to be lieutenant act are hereby repealed. colonel, January 17, 1901, vice Ellis, Eighth Infantry, promoted. SEC. 6. That Congress reseryes the power to alter, amend, or repeal this Capt. Daniel H. Brush, Seventeenth Infantry, to be major, Jan act. uary 17, 1901, vice Craigie, Twenty-fifth Infantry, promoted. .Mr. BABCOCK. Mr. Speaker, I yield to the gentleman from First Lieut. Douglas Settle, Tenth Infantry, to be captain, Jan Maryland [Mr. PEARRE] who reported the bill. uary 17, 1901, vice Brush, Seventeenth Infantry, promoted. Mr. PEARRE. l\Ir, Speaker, this bill is simple in its provisions. DISTRICT JUDGE. I do not know that it requires any lengthy explanation. The first Francis J. Wing, of Ohio, to be United States district jndgefor section of the bill, as will be observed, authorizes and requires the the northern district of Ohio, as provided for by act of Congress Washington Gaslight Company to increase its manufacturing and approved December 19, 1900. distributing plant so as tc)' meet the increasing demands of the growing city of Washington. Mr. MOODY of Massachusetts. Will the gentleman permit a question? Why can not the company do that now under author HOUSE OF REPRESENTATIVES. ity of law? Mr. PEARRE. I do not know but what they could do that MONDAY, January 21, 1901. now by authority of law, but under this bill not only is authority granted here, but there is a requirement that it shall be done. In The House met at 12 o'clock m, Prayer by the Chaplain, Rev. other words, Congress by this act will require the company to ex HENRY N. COUDEN, D. D. tend its works to meet the increasing demands of the city. The J gnrnal of Saturday's proceedings was read and approved. Mr. HOPKINS. Will the gentleman allow me a question? POST-OFFICE APPROPRIATION BILL. Mr. PEARRE. Certainly. _ Mr. LOUD, from the Committee on the Post-Office and Post Mr. HOPKINS. Who is to determine that? Is there anything Roads, reported the bill (H. R. 13729) making appropriations for in the bill to indicate that? Suppose the people along a certain the service of the Post-Office Department for the fiscal year end street wanted the gas, ·what provision is there in the bill to com ing June 30, 1902; which was read a first and second time, referred pel the laying of gas mains along such a street? to the Committee of the Whole House on the state of the Union, Mr. PEARRE. In answer to the gentleman, I will state that and, with the accompanying report, ordered to be printed. I apprehend that will be covered by the proviso to the first sec Mr. RICHARDSON of Tennessee. I reserve all points of order tion, on page 2: on the bill. Provided, That the Commissioners of the District of Columbia may require WASHINGTON GASLIGHT COMPANY. said company to lay such mains or conduits in any graded street, highway, a"\"enue, or alley in the District of Columbia not already provided therewith Mr. BABCOCK. Mr. Speaker, I desire to call np for present as may be necessary. conMideration the bill H. R. 13660. Mr. HOPKINS. But is there any authority given to the people The bill was read, as follows: on the street? A bill (H. R.13660) relating to the Washington Gaslight Company, and for Mr. PEARRE. I presume if the people living on a street wanted other purposes. a gas main they could apply to the Commissioners of the District Be it enacted, etc., That the Washington Ga.slight Company be, and it is hereby, authorized and directed from time to time to increase its manufac under the provisions of this section; and the Commissioners of the turing and distributing plant and the capacity thereof as the present and fn. District, if they thought it necessary to meet the public and pri ture needs and growth of the District of Columbia may render necessary; and vate needs, could require the gaslight companies to have provision for such purpose said company, under the supervision and permit of the Com· missioners of the District of Columbia, be, and it is hereby, authorized and made to meet that demand. empowered to construct and maintain such additional reservoirs and other Mr. HOPKINS. In many of the cities of the country the gas works and improvements and to lay such additional mains and conduits in li~ht c,ompanies are prohibHed from extending their mains oh any the streets, roans, avenues, and alleys in the District of Columbia as may be considered necessary by the Commissioners of the District of Columbia, and particular street without authority from the majority of the prop in all cases the approval of the Commissioners must be obtained prior to com erty owners abutting on the street. Is there any provision here mencing work: Prnvided, That the Commissioners of the District of Columbia to protect the people on a street if they do not desire the gas? may require said company to lay such mains or conduits in any graded street. Mr. PEARRE. I presume tha.t matter will be left to the dis highway, avenue, 01· alley in the District of Columbia not already provided therewith as may be necessary. cretion of the Commissioners of the District, in whose discretion SEC. 2. That in order to provide and furnish artificial light to all resi it seems the practice and policy of Congress has been to leave these dents in the District of Columbia at a uniform rate, the Washington Ga.s matters; and it is to be presumed that the Commissioners will look light Company, upon the assent of a majority in value of its stockholders, is hereby authorized to contract for, purchase, own, or hold the whole or any the ground over, consider the applications, petitions, or protests, part of the capital stock of any other illuminating company now doing busi and act as the property represented and public policy would ness in the District of Columbia; or, upon like assent, to contract to purchase, suggest. purchase, or lease the property::, plant, distributing plant rights, effects, and Mr. HOPKINS. Another question. There has been a great franchise of any such other illuminating company 1 anu. so purchasing or leasing, to exercise in said District all the rights, privileges, and franchISes - complaint by the people of Washing ton that the Commissioners of such other company. And in the event of any such purchase of stock, have favored one section of the city to the detriment of another. contract, purchase of property and franchises, or lease, the Washington Gas light Company is hereby authorized to issue and sell so muehadditionalcapi Has the gentleman compared the provisions of this bill with the tal stock, of the par value of 100 per share, upon terms and conditions to be laws existing in many of the cities, where the authority is given prescribed by a majority of the stockholders, as may be necessary to com to the people owning the property abutting on the streets to de plete such purchase of stock, contract. purchase of property, or lease: Pro vided, however. That the existing liabilities of such other company or compa termine that matter for themselves? nies, and the rights of the creditors thereof, shall not be affected thereby: Mr. PEARRE. The assumption of the committee in reporting And provided further, That no action or proceeding towhic.h said other com this bill in regard to that matter is, of course, that the Commis pany may ba a party shall thereby abate, but the same may be continued against such other company unless the court in which. said action may be sioners of the District will deal fairly with the citizens of the pending shall order said Washington Gaslight Company to be substituted as District both in the direction of the extension of the mains and party thereto. the protests against the extension of the mains in certain locali SEC. 3. That in order to enable the Washington Gaslight Company to com· ties. Outside of that there is no provision. ply with the foregoing provisions and requirements of this act, and to pro vide such additional capital as the increase of its business herein provided The eecond section of this bill, Mr. Speaker, authorizes the for may require, and to change the par value of the present shares of its Washington Gaslight Company to purchase or lease or contract capital stock without increasing the same beyond the limitation of its actual for the purchase of any gas plant or illuminating plant in the value. the Washington Gaslight Company, 1lJ>On the written consent of a majority of the owners of record of the capital stock of said company, or District of Columbia upon the assent of a majority of its stock by a resolution of a majority of the owners of such capital stock repre hoiders-that is, the stockholders of the Washington Gaslight sented at a special meeting called and held as prescribed by law, is hereby Company-and the assent of a majority of the stockholders (prop authoriz~d to issue stock of the par value of $100 per share, at such times and in such amounts as in the judgment of the board of directors may be neces· erly determined) of the purchased company. sary: Provided, That the new stock so issued shall be allotted to the stock· Mr. MOODY of Massachusetts. Will the gentleman permit me I
1901. CONGRESSIONAL RECORD-HOUSE. '1257
to ask him a question there? How many illuminating companies gnage, if this turns out to be a prosperous conctrn, there is abso-- are there in Washington? lutely no limit to the capitalization. Why should not the capi- Mr. PEARRE. The policy of Congress has been this: There talization be based upon the value of the plant, ascertained in the is one gaslight illuminatinj? company in Washington proper and usual way by fair computation and inventory? one in Georgetown, as it was formerly called, but now a part of Mr. PEARRE. I thought I yielded to the gentleman for a the city of Washington. question . . The territory of Washington City proper has long since been Mr. WM. ALDEN SMITH. I am going to ask my question. turned over to the Washington Gaslight Company. The terri- Why should not the capitalization of this company be what the tory of the old limits of Georgetown has been turned over to the property is actually worth, thus furnishing a proper basis for Georgetown company. The Washington Gaslight Company is regulating the price of gas to its consumers in the District of Ca the holder of a large majority of the stock in the Georgetown lumbia? This provision strikes me as most unwise. I can not company, and one of the purposes of this section is to authorize see a single-feature in it that ought to be approved. If passed, it the consolidation of both companies. I may add here that the will enable the company to exact a price for gas which will be price of gas in Georgetown now, under the operation of the based upon a fictitious cost of production and burdensome to con Georgetown company, is, or will be after July 1, 1901,$1.25. The sumers. legal rate for gas in Washington is $1, or will be, as required by l\fr. PEARRE. It appeare•1 to the committee that there was the act of 1896, after the 1st day of July, 1901. So, after the con- no better or more accurate method of determining the actual solidation is consummated, the Georgetown people wiU have the value of a stock than to base the authorized issua.nce of it upon a benelit of procuring gas at 81per1,000 cubic feet, the same as the basis of 4 per cent of its earnings. people of Washlngton. Therefore the bill provides that-- Mr. MOODY of Massachnsetts. I care nothing about the con- The total amount of the stock of said company herein authorized to be solidation of.the gas companies, but will this permit the purchase issued shall not exceed its actual value- by the gaslight company of the electric-light companies? That is provided in the bill- Mr. PEAR RE. I may add that there are two electl'ic-light com- shall not exceed its actual value, to be ascertained by its board of directors panies in Washington. One is the Potomac Light and Power Com- by a capitalization upon a 4 per cent basis of the average net earnings of the pany and the other is the United States Electric Company. These company. two companies are the only two other illuminating companies It is first required that the amount of stock shall not exceed its outside of the two I have mentioned. This bill will authorize the actual value, and this is to be ascertained not upon a basis of 6 consolidation with other illuminating companies outside of the per cent or 8 or 10 per cent of the average net earnings, but 4 per gas company. cent of the average net earnings. A 4 per cent stock, Mr. Speaker, Mr. MOODY of Massachusetts. If I understand, the Commia- is considered a par stock. Therefore, when you capitalize this sioners of the District of Columbia opposed the bill in its present through its board of directors on a basis of 4 per cent of the aver form. . i age net earnings of the company, you are capitalizing it as a par Mr. PEARRE. If the gentleman will read the report and the stock paying 4 per cent. I do not know of any more accurate or letter of the Commissioners, he will see that the Commissioners any better method of ascertaining the value. do not oppose the bill in its present form. There are certain sug- Mr. WM. ALDEN SMITH. Why not capitalize on the actual gestions-- value of the plant-the cost of the plant? Mr. MOODY of Massachusetts. Let me call the gentleman's Mr. PEARRE. If the gentleman will examine the bill he will attention to the letter of the Commissioners, in which it is said: find a subsequent clause which says: The advisability of permitting a consolidation of the gas companies and The said capits.lization by said board of directors io be made under the su- the electric-lighting companies is one which the Commissioners are not pre- per~ionandapprovalof the supreme court of the Distri('.tof Columbia upon pared at this time to recommend, al though they approve the consolidation of petition ~hei:efor by said com p::my ~der such regulations as the chief justice the gas companies. and the Justices thereof shall prescribe. Mr. PEARRE. The Commissioners say they are not prepared ~r. WM. ALDEN S_MITH. Would not the court be bound by to recommend. That is a different proposition, as I understand it, this statutory declaration? from the gentleman s statement that they are opposed to it, or do Mr: PEARRE. The co1:rt would be bound by the statuto~y dec- not approve of this consolidation. laration;_ ~nd the act provides that t°!J.e courts shall see to it that l\lr. MOODY of Massachusetts. My statement was based upon the prov1stons of the statute are earned out. . . that, and is no greater or less than the statement I have read. Mr. WM. ~J?EN SMITH. If the court b~s no legal discretio~, Mr. PEARRE. The gentleman will observe that the first bill of what avail .will be the appeal to the c~urt. ~f your ~tatute d1- introduced was House bill 13390. That bill was submitted to rects the basis of value, of what use. will be the findmg of the the Commissioners for their report, and the Commissioners' letter court? They would, of Cort is ba.Eed on that bill. An effort was made . Mr. ~El\RRE. There IS no necessity for gwmg the c.o~t any by the committee to conform to the suggestions made in the letter dis~ret~on ~ t~at ma~er, beca:use the method of. ascerta~nmg_ t~e of the Commissioners, not by amendments, but by the introduc- capitahzat1on 1s fixed m the bi~, and the committee believes 1t is tion of a new bill, which was done in House bill 13660. Is that properly and accurately and fairly fixed. . the bill which the gentleman from 1\Iassachusetts has? Mr. WM. ALDEN SMITH. Then why not strike that out? It Mr. MOODY of Massachusetts. I have the bill which is before does not fool anybody_. . the House. Mr: PEARRE. It is no~ d~s1gned to fool anybody. The pur- Mr. PEARRE. All the recommendations of the Commissioners pose is to see t~t the pubhc IS not fool~d. . . . have been fully covered by the new bill, but it does include this Mr:. ~OOD"Y .of Massachusetts. I wish to I~q!11re whether this permission to consolidate with other illuminating companies, upon provis10n also IS not opposed by the ComIDissioners? Do they which the wisdom of the How e must pass. not say: Mr. MOODY of Massachusetts. I would like to a.gk the gentle- The general law authorizes gas companies to issue stock and bonds under man one more question. In this consolidation, if I understand the supervision of the supreme court of the District of Columbia. It is believed that this method is sufficient for the J?urpose, and better safeguards the effect of this section, the parties may agree upon any price the issue of the stock than the method prescribed in the proposed act. they see fit to make for the stock of the gaslight company, and Mr. PE.ARRE. I have just read the provision which covers have the right to issue new stock up to the amount of the pur- that point. If the gentleman will refer to the closing part of sec- chase price without any supervision. tion 3, be will find these words: Mr. PEARRE. That is finally limited, as the gentleman will The said capitalization by said board of directors to be made under the observe in the third section of the bill, by the provision that" the supervision and approval of the supreme court of the District of Columbia, total amount of the stock of said companyhereinauthorized to be upon petition therefor by said comJJany, under such regulations as the chief issued shall not exceed its actual value, to be ascertained by its justice and the justices thereof shall prescribe. board of directors by a capitalization upon a 4 per cent basis of Mr. MOODY of Massachusetts. That is all right; but is there the average net earnings of the company for three years next pre anrprovision of existing law which allows the company to make ceding the issue or issues of said stock," etc. a capitalization? The difficulty in this bill is that the supervision Mr. MOODY of Massachusetts. The value as ascertained by of the court is constrained by a new provision of law. , the diTectors? Mr. WM. ALDEN SMITH. That is the point. Mr. WM. ALDEN SMITH. Will the gentleman permit a ques Mr. MOODY of Massachusetts. And I would like to ~k another tion? question. What is the present capitalization of the Washington Mr. PEAR.RE. Certainly. Gaslight Company- - Mr. WM. ALDEN SMITH. I would like to ask the gentleman Mr. PEARRK . Two million six hundred thousand dollars. from Maryland if this is not a most unusual clause contained in Mr. -MOODY of Massachusetts. What could it be under this section 3, the proviso following line 7, wherein the basis of the provision? issuance of stock by the corporation is made to be th(l net earn Mr. PEARRE. I presume about eight millions. ings of the company on a 4 per cent basis? Why, Mr. Speaker, Mr. l'r!OODY of Massachusetts. Then here is a bill which an· there is not a single safeguard in that language. Under that lan- thorizes the increase of the capital stock of this company from J258 CONGRESSIONAL RECORD-HOUSE. JANUARY 21,
$2,600,000 to $8,000,000, and this House is giving it no attention. Mr. PEARRE. Yes, sir. Mr. GROUT. Mr. Speaker, I was out when this matter came Mr. G.A.INES. Whose opinion is that? up. I understand we are engaged in general debate? Mr. PEARRE. It is the opinion of gentlemen who have made Mr. PEARRE. Yes, sir. a close investigation of the subject. Mr. GROUT. I would like to hear a statement from a gentle Mr. GAINES. Will the gentleman name any one of them? man in charge of the bill as to its object-just a brief statement. Mr. PEARRE (continuing). And the committee, on an inves The SPEAKER. The House will come to order. The Chair tigation for itself, concluded that that would be rather an advan has never yet suggested to this House that the cloakrooms are the tage than otherwise to the people of the District. proper place for conversation, but must do so now; for the per Mr. GAINES. . But can the gentleman name any person of au sistent determination to converse makes it impossible for the House thority who has made an investigation and who reports in favor to do business intelligently. .Again the Chair appeals to members of such a consolidation? to maintain such order as is essential to intelligent action. Mr. PEARRE. I do not know that I can give the name of such Mr. PEARRE. I wfll say to the gentleman from Vermont that parties, except the District Commissioners, who approve of gas I have already made a statement with regard to the scope and pur consolidation. · pose of the bill. Mr. GAINES. Did any such person appear before the Commit Mr. GROUT. I was not here. tee on the District of Columbia and make such a recommendation? Mr. PEARRE. If the gentleman so desires, I will repeat it, with Mr. PE.ARRE. To whom does the gentleman refer? the induJgence of the House. Mr. GAINES. I refer to those gentlemen who have made an The purpose of the bill is to authorize the consolidation of the "investigation of the subject "-gentlemen who are" authority" Washington Gaslight Company with the Georgetown Gaslight upon the subject. - Company. That is the first purpose of the bill. It also author Mr. PEARRE. The committee had this matter under advise izes the consolidation of the Washington Gaslight Company with ment and heard people interested in the bill. There was no dis any other illuminating company in the District of Columbia. senting voice as far a-s the committee heard. On the contrary, it Mr. GROUT. That would inclnde- was believed to be a wise provision of the law. Mr. PEARRE. The gentleman will allow me to finish my state Mr. GAINES. Have any outsiders who know anything about ment. That would include electric-lighting companies as well as the matter been before the committee? gas companies, and there are two such companies in the District. Mr. PEARRE. I repeat, I have heard no claims from anybody Mr. DALZELL. Allow me at this point to inquire whether outside in opposition to the passage of the bill providing for this either of these electric-lighting companies has been heard on this consolidation. bill by the committee? Mr. GAINES. Has anybody advocated it? Mr. PEARRE. I do not know. Neither party has been heard Mr. GROSVENOR. Will the gentleman allow me a question? upon the bill as far as I am aware. I do .not know that there was Mr. PE.ARRE. Certainly. any desire expressed on the part of either to be heard. At least, so Mr. GROSVENOR. I desire to ask the gentleman from Mary far as I know, no notice was given to the committee of such a desire. land for information as to the meaning of the provision I find in Mr. DALZELL. Let me ask the gentleman how long this bill the bill in the following language. I want to see if I understand has been pending before the committee? precisely what it means, as it seems to be somewhat anomalous in Mr. PEARRE. Since January 8. a bill of this character and might lead to some confusion unless it Mr. BABCOCK. I should say it has been before the committee was thoroughly explained. What does this language mean: for some two or three weeks. That the Washington Gaslight Company be, a.nd it is hereby, authorized Mr. MOODY of Massachusetts. It was introduced apparently and directed- on the 17th of January. to do so and so? Now, that is assuming the control of this Mr. HENRY C. SMITH. And reported on the 19th. corporation by Congress and issuing to it a mandatory order to Mr. PEARRE. I will state that the bill was introduced on the do what? To increase its manufacturing and distributing plant 8th day of January, I find. in the capital city, bringing it up to the presumably future Mr. GROUT. Mr. Speaker- growth of the District of Columbia. Mr. GAINES. Now, why do you wish to consolidate these com Now, I think, in the first place, the gentleman will allow me to panies? say, that it is usually enough for a corporation, without the con Mr. PE.ARRE. I understand the gentleman from Vermont sent or order of any legislative body, to go ahead and increase its [Mr. GROUT] wishes to be heard, and I have yielded to him. plant to meet the requirements of the service without asking per Mr. GROUT. When the gentleman is through I would like mission of any one. to have a few minutes. But here is a mandatory provision directing the corporation to Mr. PE.ARRE. Very well. I yield to the gentleman from make provision for present necessities and for all future time. Tennessee. It implies two things to my mind: First, that up to this time it Mr. GAINES. Why is it desired to consolidate these com has not complied with the proper discharge of its duty, and sec panies? ond, that it is in this way to be annointed for all future contin Mr. PE.ARRE. I have gone through that to some extent al geD:cies in this District. With what grace can Congress in any ready, and will state again that it is believed it would be for the other year, up to the dim future, undertake to put up any com best interests of the public to permit this thing to be done. petition with this gas company when it has itself compelled the The consolidation of the gas companies is approved by the Com gas company to make this provision for all future time? It looks missioners. It is a matter which rests in the ripe wisdom and to me as though this was an attempt (innocently on the part of justice of the Honse of Representatives; and the Committee on the committee) to put a barrier against any future legislation and the District of Columbia, which has considered the matter, would against any possible competition in all the future. be glad to hear if there are any objections to such consolidation. Mr. STEELE. Including the electric lighting companies? We have brought the bill in here believing it to be for the best in Mr. GROSVENOR. Including everything. terests of the public service. Mr. PE.ARRE. In reply to the gentleman from Ohio, I will say It seems to be ge.nerally conceded that it is not a bad thing for that some discussion arose in the committee with regard to the the public interests to authorize the consolidation of gas com word " direct," and a suggestion was made that the word be panies and to provide for the manufacture and distribution of stricken out. The members of the committee, and, as far as I this service in a given municipality under the control of one com know, anybody else, did not object to the elision of the word pany. It has worked well heretofore in other places, and we saw " direct" until the suggestion was made that the power should no reason why it should not work well here. It is preferred to be retained by Congress over this compahy, so as to compel them have the management of one company to control a business of to meet the growing needs of the District as.. those needs presented this kind; it can be done cheaper, the people get the benefit of themselves, and that if the word "authorized" be used alone cheaper rates, and there is economy, of course, in the manageµient. they would be enabled to do it simply in their.own discretion and Mr. GAINES. Does the gentleman think it better to shut off in their own time, but that the introduction of the word "direct" all competition than to allow these gas and electric light com would compel them to do it, or enable Congress to impose such panies to compete with each other for supplying the public with penalty as would be proper. As far as the word " direct" is con illuminating material? cerned, if it is offensive to the gentleman I believe the committee Mr. PEARRE. I have endeavored to answer the gentleman's would not object to its elision. question. It is the opinion of many gentlemen who have made a Mr. DALZELL. Will the gentleman allow me? close investigation of the subject that a monopoly of the gas man The SPEAKER. Does the gentleman from Maryland yield to ufacture in a given territory is not injurious to the public inter the gentleman from Pennsylvania? ests, but, on the contrary, is an advantage to the public by securing Mr. PEARRE. I do. better rates. The consolidation of the gas companies is approved Mr. DALZELL. I want to make this suggestion: It appears by the District Commissioners. that this bill was introduced on the 17th of January. Mr. GAINES. But thjs provides for the consolidation of the Mr. PEARRE. Introduced on the 8th. ele.ctric and the g~s companies as well, Mr. DALZELL. And reported on the 19th. It appears that 1901. CONGRESSIONAL RECORD-HOUSE. 1259 the only parties who were heard on the bill were the Washington the capital stock of which is $150,000. A large majority of it is Gaslight Company. Now, it does not seem tome that a bill which owned and held by the Washington Gaslight Company. That grants such very extraordinary powers as this bill seems to grant practicallyeliminatestheGeorgetownGaslightCompv,ny. Again, should be passed by this House without an opportunity upon the Mr. Speaker, it is only proper that the committee sbould say that part of all people who are interested to have a hearing, and I those interested in the passage of this bill appeared before the suggest to the gentleman now, in the interest of his bill, that it committee and gave information to the effect that where there go over until these people can be heard. was consolidation with the other illuminating companies they be- Mr. PEARRE. Mr. Speaker, I think I apprehend what the lieved from experience the public is benefited much more by the gentleman is getting at. I understood this morning, or rather consoiidation of the illuminating companies than the companies the committee understood this morning, a very few minutes be- themselves; that cheaper gas and cheaper electricity and better fore the House met, that there were some gentlemen connected gas and better electricity would be the final result of such consoli· with the electric illuminating companies who wanted to say some- dation, and therefore they suggested the power given in this bill. thing upon this bill. It was then ascertained that, as far as the There is no consolidation with the illuminating companies; that gentlemen were concerned who were interested in the passage of is, with the electric-light companies. But if the gentleman thinks the bill, they would make no objection to the elision from the bill that there is a danger lurking under that provision, I believe I of the word" conduit," which, I believe, was the suggestion that may say-and I believe I voice the sentiments of the committee on was made. I do not know whether that suggestion was made to that subject-that if the House does not concur in the suggestion the gentleman from Pennsylvania or not. which I have made we can remove that objection Ly eliminating Mr. DALZELL. No; I do not know anything about that at all. that feature of the bill, and thereby authorizing solely the con Mr. HOPKINS. Will the gentleman yield? solidation of the Georgetown Gaslight Company and the Wash The SPEAKER. Does the gentleman from Maryland yield to ington Gaslight Company, which are the only gaslight companies the gentleman from Illinois? in the District. The gentleman will see by looking over the sec- Mr. PEARRE. I do. ond section that that can be done by striking out the words '' illu- Mr. HOPKINS. I notice that in section 2 of the bill there is a minating company" and the word ''conduits" where they occur. provision that the Washington Gaslight Company can buy a Mr. ROBINSON of Indiana. Mr. Speaker, I ask the gentleman majority of the stock of any other illuminating company. I to allow me to interrupt him. would like to ask the gentleman what provision there is in the Mr. PEARRE. Certainly. bill to protect the minority stockholders in the various companies Mr. ROBINSON of Indiana. It has been rumored that the ma- of which the Washington Gaslight Company might buy the jority stock of the illuminating companies, including the electric majority of the stock? · light companies, is all controlled by the same corporation and Mr. PEARRE. I do not know that there is any provision in individuals. this particular bill. Mr. PEARRE. The committee has no such information, Mr. Mr. HOPKINS. Is there any protection to the minurity stock- Speaker; on the contrary, the information of the committee is con· holders in these various companies if the Washington Gaslight firn~d to what I have already stated-that the majority of the stock Company gets control of the majority of the stock of any one of of the Georgetown Gaslight Company is owned and controlled the companies? · by the Washington Gaslight Company, and therefore the desire Mr. PEARRE. None that I know of outside of the provisions for this consolidation. Outside of that we have noinformation. of general law. Mr. MOODY of Massachusetts. Mr. Speaker-- Mr. HOPKINS. Does not the gentleman think that before this The SPEAKER. Does the gentleman from Maryland yield to bill becomes a law ample provision should be made in it to pro- the gentleman? tect the minority stockholders in the companies that are liable to Mr. ROBINSON of Indiana. Jlir. Speaker, I was asking the be absorbed by the Washington Gaslight Company? gentleman a question. Mr. PEARRE. I think that some question of this kind arises The SPEAKER. Thegentlemanfromlndianahadnotaddressed on every bill of this character which comes up. It arose in_relation the Chair. to the consolidation of the electric railway companies, in the bill Mr. ROBINSON of Indiana. I beg the Speaker's pardon. The upon which the gentleman voted at the last session of Congress. Speaker's attention was diverted. I do not remember that there was any provision there giving any The SPEAKER. Then the gentleman should hold the floor un special protection or throwing any special safeguard around the til the Chair's attention is called. Does the gentleman yield to the minority stockholders, and that bill passed without objection. gentleman from Indiana? Mr. HULL. Mr. Speaker, will the gentleman from Maryland l\Ir. PEARRE. I do. [Mr. PEARRE] yield until I can ask unanimous consent to put the l\fr. ROBINSON of Indiana. I ask the gentleman if it is not a Army reorganization bill into conference? fact that the majority stock of aU these companies is owned and held Mr. PEARRE. I yield to the gentleman for that purpose. by the same individuals andcorporations. Will the gentleman say . ARMY REORGANIZATION BILL. that that is not the fact? . Mr. HULL. Mr. Speaker, I ask unanimous consent that the h Mr. PEARRE. Th:e gentleman will .not. B~t the gentleman report of the Committee on Military Affairs with regard to the . ~ sta~ed the committee has no s~ch mformation; and no such bill for the better organization of the Army may be taken up, and I m~imation has reached the committee. Fu. rthermore, the com that the bill may be sent to conference and the report of thA com- nuttee. ~as ~ad the a~surance that there has been ~bsolutely no mittee adopted. - p~oposition ;rof!l one side or the other, from ~he.gaslight~o~pany The SPEAKER. The gentleman from Iowa asks unanimous or the el.ectr.ic-l!ght company, nor any n~go~iations leadm0 up to consent that the Army reorganization bill be taken up, and that a
Mr. PEARRE. The Washington Gaslight Company has not of this bill has not yet become apparent tq the gentlemen who now the right, which I assume the gentleman knows. ha.ve been discus ing it- Mr. NEWLANDS. I do not know. Mr. GROSVENOR. That seems to be suggestive in a bill of the Mr. PEARRE. Do you not? importance of this being introduced on Friday and sought to be Mr. NEWL.AN DS. Does this bill give the Washington Gas passed on Monday. light Company that power? Mr. PEARRE. The gentlemen is in error about that. The bill .Mr. PE.ARRE. It has been formerly stated in this discussion was introduced on the 8th day of January. that this doe· give it such a power, but that if the House does not Mr. GROSVENOR. I have the bill before me, which says it concur in the suggestion that it may be well to consolidate all the 'was introduced January 17. illuminating companies in the interest of the consumer, then, so Mr. PEARRE. As a matter of fact it was introduced on the far as the committee is concerned, the committee will not insist 8th day of January, but there were changes, and instead of amend upon such consolidation of the electric illuminating companies, ing the bill it was introduced as a new bill-House bill 13300-in and in such event will so amend the bill as to remove the power the effort of the committee to have a perfect bill. The gentleman contained in the bill of laying conduits. knows that when these matters are brought before the committee Mr. NEWLANDS. Let me ask another question. Does this they are not artistically drawn. bill, outside of the provisions for consolidation, give power to lay Mr. GH.OSVENOR. Thisisveryartisticallydrawn: (Laughter.] electric conduira? Mr. PEARRE. If I had thought so I should have suspected the Mr. PEARRE. It specifically gives the power to lay electric gentleman from Ohio bad a hand in it, because when it comes to conduits. artistic work in legislation there is no one whom I would put be· Mr. NEWLANDS. Ouraide of the provisions for consolidation? fore the gentleman from Ohio. [Laughter.] Mr. PEARRE. Outside of the provisions for consolidation. Now, I have said about all I care to ayon this bi11 at this time. Mr. NEWLANDS. Are you willing to allow that provision to There is another amendment in line 12, page 4, to strike out the be stricken out? words "issue or issues of said stock' and insert the words "year Mr. PEARRE. I have just said that all the provisions relatbg nineteen hundred and one." The purpose of these two amend· to consolidation with electric illuminating companies and the lay men ts I have juat read is to limit this capitalization authorized by rng of conduits the committee is willing should be stricken out. the closing words of the section to one occasion. In other words, I believe the committee would agree to such amendments of the the bill as amended would prevent capitalization of the stock ex bill. cept on one occasien. The bill as first introduced-it was intro Mr. OLMSTED. Mr. Speaker- duced a eecond time-would have permitted fre ~ uent increases The SPEAKER. Does the gentleman from Maryland yield to in capitalization-increases every three years. By the present bill the gentleman from Pennsylvania? the company is limited to one capitalization based upon 4 per cent Mr. PEARRE. I do. of the average net earnings for the three years prior to 1901. That Mr. OLMSTED. I thinkiunderstood the gentleman to say that is a limit to one increase. the object of the consolidation of the gas companies was to pro Now, I believe the gentleman from Tennessee desired to ask me duce greater economy, which would result to the benefit of the a question. consumer. l\Ir. GAINES. The gentleman stated a few moments ago that Mr. PEARRE. I say that many men believe that such consoli Georgetown was furnished with gas by a monopoly. Did he mean dation will result in cheaper gas, which, of course, would be for to say there was only one company that has the legal right to make the benefit of the consumer. I am not authorized to say that the gas over there? committee commits itself absolutely to that theory. Mr. PEAR RE. That is the existing fact-one company in Wash Mr. OLMSTED. I want to know whether this bill fa for the ington and one in Georgetown. benefit of the consumer or for the benefit'of the gas company. l\!r. GAINES. Can not Congress authorize another company Mr. PEARRE. As I say, there are many bright intellects who t-0 furnish gas there? think that consolidation results in cheaper gas, which, of course, Mr. PEARRE. I have no question of the power of Congress to would be for the benefit of the consumer, and there are many men do so. who believe that consolidation docs not work for the advantage Mr. GAINES. In the event that the company which now fur. . of the consumer. nishes gas in the city of Washington should charge exorbitant Mr. OLMSTED. I want to ask the gentleman if it would not prices, could not Congress authorize, if it has not already done so, be wise to draft a section making a reduction in the pri~e of gas the Georgetown "monopoly ' of which the gentleman speaks, to in this bill? furnish gas to the city of Washington, and in this way compete Mr. PEARRE. If the gentleman will permit me, the price of with this monopoly? gas prior to 1874 was $1.50. In 1896 a bill was passed which re Mr. PEARRE. The gentleman certainly does not desire infor· duced the price of gas in W a.shington City to $1.25, finally to $1.10, mation on that point from me. He knows as well as I do that with a provision which required that after the 1st day of July, Congress has such power. 1901, gas should be furnished in Washington at St per thousand M.r. GAINES. The gentleman stated a while ago that George cubic feet. The same provision was contained in the bill in regard to~n was furnished with gas by a monopoly, and did not explain to the Georgetown Ga.slight Company, reducing them from about this. $2 to 1.25, to take effect after the 1st day of July, 1901. So that Mr. PEARRE. I say so now; and I say the same of the city of afterJulyl, 1901, if this consolidation takes place, both Washington Washington. and Georgetown will get gas for $1 per thousand cubic feet. l\Ir. GAINES. And can not those two companies now compete, In regard to the question of monopoly, which the gentleman while if they consolidate there would be no competition? and others have suggested, I will say that there is a monopoly in Mr. PEARRE. Beyond question those two companies can com Washington and Georgetown to-day, authorized by Congress. pete; and, of course, if Congre s chose to do so it could charter ad· l\Ir. OLMSTED. Had not we better make the benefit to the ditional companies. commmer visible and specific by reducing the rate, by the bill, to Mr. GAINES. But if these companies are consolidated.there 90 cents a thousand cubic feet? will be no competition? Mr. PEARRE. We might make it 25 cents, if in the wisdom of Mr. PEARRE. None. But there is nocompetition now. The Congress it appears to be the best thing. Our committee did not Georgetown company is controlled by the Washington company; consider this feature. No one in the District suggested. Our com but each is limited to a prescribed price by the act of 1896. mittee, however, saw no reason at this time, with this provision in l\Ir. GAINES. But as the matter now stands the two compa the act of 1896 to take effect in 1901, to reduceitbelowSl per thou nies can compete? sand cubic feet. They saw no urgent necessity of reducing it at Mr. PEARRE. Certainly. this time in this bill So far as the monopoly is concerned, it has I now yield for a question to the gentleman from Michigan [Mr. e:idsted since 1 74 in Washington City and in Georgetown, by the WM. ALDEN SMITH). action of Congress. Mr. Wl\I. ALDEN SMITH. As I understand, according to the Mr. GAINES. :Mr. Speaker- proposed amendment, the maximum capitalization of this com The SPEAKER. Does the gentleman from Maryland yield to pany will be on the basis of their earnings for three years preced the gentleman from Tennessee? ing 1901? Mr. PEARRE. When I have finished the remarks that I am Mr. PEARRE. Yes, under the amendmentwhlch the commit about to make. In addition to the committee amendment em tee will propose. bodied in the report of the committee, there are other amendments Mr. WM. ALDEN SMITH. Now, that is fixed as the basis of which the committee designed to offer before the bill is put upon capitalization and the issuance of stock. I suppose the gentleman its final passage. The most important amendment is contained in from Maryland regards that as a limitation. Yet it is wholly section 3, on page 4, after the word" company," in line 8. An within the power of Congress to extend that limitation from time amendment will be proposed to strike out the word" herein," and to time. in line 9, page 4, after the word "issue,"insertthewords" by this Mr. PEARRE. Of course, the power of Congress is lirilited only section." The committee believes t~at the most dangerous feature by the 9onstitution and by the will of the body. 1901. .CONGRESSIONAL RECORD-HOUSE. 1261
Mr. WM . .ALDEN SMITH. The point to which I wish to di companies are allowed to string wires and place poles along the rect the gentleman's attention is this: That the proposed basis of streets without the consent of the property owners abutting on capitalization is a false basis, not a proper one upon which to base the street. But if you consolidate the electric lighting companies this consolidation. and the gas companies under the operation of this bill, you have Mr. PEARRE. The committee bas heard the gentleman's the power to do the very thing that I am objecting to, and for views on that point; and so far as I understand the views of the that reason, and for th& other reasons I have suggested, it seems committee, they do not comport with the gentleman's opinion in to me that my original suggestion should be followed. that respect. We look upon a 4 per cent stock as a par stock; and I think the bill is fatally defective in these several respects and in our view a capitalization based upon 4 per cent of the net earn ought not to meet with the approval of this House. ings is an accurate, true, faithful representation of the real value Mr. BABCOCK. No overhead wires can be strung in the city of the property. of Washington under existing law. Mr. WM. ALDEN SMITH. But the value of the property will Mr. PEARRE. The gentleman is aware, of course, that there increase with the growth of the company and its business. are many amendments pending. :Mr. PE.ARRE. The gentleman's objection would have been l\lr. BABCOCK. I have stated already it would be entirely pertinent und.er the bill as originally prepared, but it is obviated satisfactory to the Committee on the District of Columbia and to by the limitation of the increase of the capitalization to this one the gas company to eliminate that part of the bill so far as the time-namely, in 1901. purchase of any electric lighting plant is concerned. That is not There will necessarily be, of course, one or two slight amend a matter of importance in connection with the bill. ments. On page 3, for instance, in line 22, the word "times" Now, Mr. Speaker, I do not understand that there was an in must be changed to read "time." terest that desired to be heard which was not heard in connection The SPEAKER. Does the gentleman from Maryland [Mr. with the consideration of this matter. PEARRE] surrender the floor? Mr. NEWLANDS. I would like to ask the gentleman if he is Mr. PEARRE. Mr. Speaker, in view of the numerous sugges willing also to strike out the provision giving to the Washington tions which have been made, some of which the committee think Gas Light Company the power to lay electric conduits? pertinent and wise and as to which the committee is very glad to Mr. BABCOCK. Certainly. We are willing to strike out every have had the benefit of the wisdom of members of the House, it thing relating to the purchase of the electric-light companies. has been suggested that it m ay be well to ask the House to lay Mr. NEWLANDS. The gentleman from Maryland so stated, aside this bill temporarily until such amendments as appear proper as I understood him. and wise to the committee may be made. Mr. GROSVENOR. Will not the gentleman make a motion to l\Ir. PEARRE. I said so. recommit the bill, aud in that way put it in such position that its Mr. BABCOCK. That is correct, and I have myself prepared opponents may be heard? I think that is what should be done. amendments to provide for just what the gentleman from Nevada The SPEAKER. Is there objection to laying the bill aside in has suggested. formally? Mr. HEPBURN. I would like to ask the gentleman a question. Mr. HOPKINS. I object. I wish to say to the gentleman in Mr. BABCOCK. Certainly. charge of the bill that if it is to be laid aside I think it ought to Mr. HEPBURN. I understood the gentleman to say that he be recommitted to the Committee on the District of Columbia, so knew of no persons who objected to the provisions of this bill. that any parties interested may have an opportunity to be heard Mr. BABCOCK. I said that no persons asked to be beard before before the committee. But if the bill remains here on the Calen the committee upon it. dar the committee will have no more jurisdiction over the matte,r Mr. HEPBURN. I would ask the gentleman if he does not than a.ny other members of the House except when they take charge know that on every occasion, when the company has come to Con of it on the floor. I think, in view of the developments this morn gress asking the additional grants which this bill provides, the ing, that this bill should be put in such form as that those parties people of the District, when they knew of such a purpose, have interested ·may have a hearing before the committee, whether for asked to be heard and have objected and have insisted upon hear or agajnst it, if they so desire. ings over and over again. I ask the gentleman if he· does not The SPEAKER. The Chair would suggest that the motion to believe that there have been no fair opportunities for them to be recommit is entirely within the control of the gent~eman from heard in connection with this matter in this city; and if he does not Maryland who is now occupying the floor. know it to be a fact that there would have been protests before the Mr. PEARRE. I yield to the gentleman from WJ..sconsin for a committee against any grant of such power and new rights to suggestion. the corporation, such as this bill proposes to grant to them, if op M.r. BABCOCK. 1tfr. Speaker, a word in reference to the pend portunity had been given? ing proposition, before any action is taken by the House. I do Mr. BABCOCK. Mr. Speaker, l will take it for granted that not celieve that there has ever been presented to the House a bill the gentleman has submitted what he intends as a question, but which has been so thoroughly misunderstood as this. it is entirely misleading :lnd does not give a correct understand Now, so far as the electric lighting is concerned and the pur ing of the existing conditions. This bill, I mll state to the gen chase of its plant is involved, the gas company cares nothing tleman, has been published day after day, and time and time whatever about it, and is willing to strike that out of the bill and again, in every newspaper in the District of Columbia. The bill leave the entire matter to rest exclusively upon the consolidation was introduced on the 8th day of January, and there has not been of the gas companies. That is the only opposition, I understand, any demand on the part of the citizens of the District to be beard that there is to the bill. in opposition to its provisions. It was not the intention of the Several MEMBERS. Oh, no. Committee on the District of Columbia to object to any hearings Mr. BABCOCK (continuing). That provision the company that might be asked in connection with this matter. No requests proposes to strike out, and there is no opposition to that on the have come to them for any such hearings; and the only opposition, part of those persons who are interested in passing this bill, as I as far as I have been able to understand it, has been on the ground understand it. that we should eliminate the electric Ughtingcompanies from this Mr. HOPKINS. I think the gentleman from Wisconsin is consolidation, and that provision of the bill, as I have already entirely in error when he says that this is the only objection. Now, suggested, we propose to strike out by amendment. one of the great objections that I see to the proposition is the Now, I want to say another thing to the gentleman from Iowa, liability under the bill to overcapitalization. In my judgment the that the statement that anybody ever came before the committee bill is defective in that respect. in opposition to the proposition of this company is not true; that A second proposition or ground of opposition is that there is no I, as chairman of the District Committee, introduced the bill re protection, as far as I have been able to discover, to the minority ducing the price of gas from $1.25 to $1 per thou...~d. We car stockholders in any of the companies proposed to be consolidated ried that proposition through the House. The price has been under the terms of the bill. $1.10 for the past five years, and will be $1 a thousand after Again, there is a third objection, that no adequate protection is the 1st day of July. Has the gentleman from Iowa [Mr. HEP given to the property owners along the line of the streets where BURNl contributed in that direction to the people of the District the proposed improvements may be established from time to time of Columbia, whom he is so anxious to serve now? under the provisions of the bill. Mr. HEPBURN. Well, I do not know just what the gentle Mr. B.ABCOOK. They are protected by existing law. man's question is or what the gentleman means. Mr. HOPKINS. Not at all. _ Mr. BABCOCK. I mean that the Committee on the District of Mr. BABCOCK. That is entirely in the hands of the Commis Columbia have, on one occasion, against strenuous opposition, sioners of the District, has always been in their power, and there reduced the charge for gas to the people of Washington, of their could be no possible objection on that Ecore. own motion, from 81.25 to $1 per thousand, and I want to say Mr. HOPKINS. That power, of course, should be lodged some further that by the action of the Committee on the District of where, to protect these people along the lines of the streets where Columbia the price of electricity was reduced from 15 cents per this consolidated company would extend its operations. thousand watt-hours to10 cents, and thepriceof the electric lights In the State of Illinois, for instance, there is not a city where on the streets from $93.25 per annum to $72 per annum. That is I 1262 CONGRESSIONAL RECORD-HOUSE. JANUARY 21, . the record of this committee as regards lighting-in the city of Mr. BABCOCK. Mr. Speaker- Washington. The SPEAKER. The time of the gentleman from Wisconsin Mr. HEPBURN. Will the gentleman yield to me for a moment? has expired. The Chair recognizes the gentleman from Tennessee Mr. BABCOCK. Certainly. [Mr. SIMS]. Mr. HEPBURN. Mr. Speaker, I want to remind the gentleman Mr. BABCOCK. Will the gentleman yield to me to make a that this House has, upon two occasions, passed bills reducing the motion? price of gas to 75 cents a thousand. I recollect the fact that once Mr. SIMS. Yes; temporarily. -before the gentleman's committee, or before one of thecommit~es Mr. BABCOCK. Mr. Speaker- of Conaress there was an investigation where there was proof m The SPEAKER. Does the gentleman from Tennessee yield to troduc~d showing that gas in this city could be produced at 50 the gentleman from Wisconsin? . . cents a thousand; that by some means or other-- Mr. SIMS. I wish to state my views on this matter. Mr. BABCOCK. I do not think the gentleman intends to mis Mr. BABCOCK. Mr. Speaker, as I said before, I desire to make represent. a motion. Mr. HEPBURN. No; I do not. The SPEAKER. Does the gentleman yield for a motion? Mr. BABCOCK. But nothing of the kind has ever been sho~n Mr. BABCOCK. I ask the gentleman to yield me two or three before any committee of which I have been a member. I can give minutes. the gentleman the exact figures. Mr. SIMS. Certainly. Mr. HEPBURN, I can produce the reports. . Mr. BABCOCK. I will say, Mr. Speaker, in view of the fact Mr. BABCOCK. Well, then, it was before my servic~. . that there seems to be a general misunderstanding that I have not Mr. HEPBURN. I can produce the reports wherem 1t was been able to remove, and the serious questions of the gentleman shown that that was so. Probably it was not since the gentleman from Iowa and their length, I will consent and ask that the bill be has been chairman, because this controversy is a very old on~. recommitted. The people are under the impression that everything that there is The SPEAKER. Does the gentleman from Tennessee yield the of value represented by this.company has.been cr~ated out of ~h.e :floor for the purpose of the gentleman from Wisconsin making earnings of the company, with the exception of $50,000, the origi that motion? nal capital of the company. Mr. SIMS. Why, certainly. That ends the matter. I am op Every betterment that has been made, every jmprovement has posed to the bill in its present shape. either been made out of the earnings of the company or out of the The SPEAKER. The gentleman from Wisconsin moves to re· proceeds of the bonds of the company. This five. or ~ix million commit the bill to the Committee on the District of Columbia- dollars, whatever it may be, represents the co?tributions of t~e Mr. GROUT. Mr. Speaker- people of this District, forced from them by this company, and 1t The SPEAKER. For what purpose doea the gentleman rise? seems to me that I recollect that on all occasions w~en there has Mr. GROUT. To offer an amendment. been a proposition to give to the company new and mcreased ad Mr. BABCOCK. I make the point of order that the amendment vantages the people of the District have been heard. I know of is too late. many occasions when gentlemen have come to me and come to Mr. GROUT. My amendment is to recommit with instructions. other members representing their grievances, and I have under The SPEAKER. The gentleman has the right to offer an stood they have gone before committees trying to be heard and amendment. being heard, and I have not a particle o~ do~1bt. that if there was Mr. GROUT. I move to recommit to the Committee on the an opportunity given the people of this DIStrict they would be District of Columbia with instructions to report the bill back with heard upon this matter. this amendment: But what chance have they had? The record shows that on the 17th of this month this bill was introduced. That was last Thurs PrO'IJidedfurther, That on and after July l, 1902, the Waghinl?ton Gaslight Company shall furnish gas to the peoIJle of the District of Columbia for ~ day. On the 19th of the month it was reported .. That ~as last cents per 1 000 cubic feet, on and after July 1, 1900, for 80 cents per 1,000 cub10 Saturday. The bill was l!l'id upon our desks this mo~·mng, and feet, and o~ and after July 1, 1904, for 75 cents per 1,000 cubic feet. that is the first information anyone has had about 1t. Under I move that the committee be instructed to report back the bill these circumstances, I submit, is it asking too much to ask that with that provisfon. the bill may be recommitted to the COJ?mittee and that th~re may Mr. BABCOCK. Mr. Speaker, this bill does not deal with the be an opportunity for further. hearmg? I may be mistaken. price of gas in the city of Washington, and the amendment is not Possibly no man cares ~b~ut thIS matte~ at. all: The people of germane to the bill. this District may be willing that a capitalization of $8,000,000 Mr. DALZELL. It is. should be had. . Mr. GROUT. Mr.Speaker, wecaninstructthecommitteewhen Mr. MOODY of Massachusetts. Will the gentleman permit they are before the House to go out and bring in any sort of an me to call his attention to the fact that the Commissioners object amendment to the bill-to make the bill all over. The moment· to this scheme of stock watering, for that is what it is. the committee, Mr. Speaker, comes before the House they are Mr. BABCOCK. I should like to have the gentleman produce under the control of the House. that objection. Mr. GROSVENOR. Will the gentleman allow me a word? Mr. MOODY of Massachusetts. I will. It is printed in your. Mr. GROUT. Certainly. own report. Mr. GROSVENOR. ',J.'his bill is seeking a franchise, and that Mr. BABCOCK. Has the gentleman from Iowa finished his is a condition of the franchise. That is all. question? The SPEAKE.R. The Chair has not read the bill through, and Mr. HEPBURN. If you will permit me just a moment, und~r the confusion of this morning made it almost impossible to hear it. all these circumstances, is it unfair to ask that you take the bill Still the Chair sees that this is for the purpose of giving a fran back to the committee for another week? cp~ to this company, and here is a proviso: Mr. BABCOCK. Mr. Speaker, in answer to the gentl~man, I will say that the original bill was introd~ced J~~uary 8 mste~d ~'if.hat the Commissioners of the District of Columbia may require said com pany to lay such mains or cond~its in any graded s~reet, highw~y, avenue, or of January 17, and if he will name one smgle.c1~zen of. the DIS alley in the District of Columbia not already provided therewith as may be trict of Columbia who wants to be heard on this bill I will ask to necessary. have it recommitted. ' Mr. DALZELL. With the gentleman's consent, I will say that It seems to be a general bill regulating the gas business and this gas company, and the Chair is of t~e opini~n that the point of or within fifteen minutes a very prominent citizen-- der is not well taken, and that the mstructions of the gentleman The SPEAKER. Does the gentleman from Wisconsin yield to from Vermont are in order. the gentleman from Pennsylvania? Mr. BABCOCK. I hope that will be voted down. I ask for the Mr. BABCOCK. I do. previous question. Mr. DALZELL. I say withinfifteen minutes a very prominent The question was taken; and the previous question was ordered citizen of the District of Columbia-- on the motion and amendment. Mr. BABCOCK. Name him. The SPEAKER. The question is on the amendment offered by Mr. DALZELL (continuing). Has called me out and.said that the gentleman from Vermont to the motion to recommit. all he wanted was an opportunity to be heard, and that he had had no opportunity to be heard. . The question was taken; an~ the am~ndment was _agreed to. Mr. GROUT. Will the gentleman allow a question? The SPEAKER. The question now is ·on the motion to recom Mr. SIMS. I rise to a parliamentary inquiry. Has the time mit as amended. of the gentleman from Maryland expired? The question was taken; and the motion to recommit as amended The SPEAKER. The time of the gentleman has not expired. was agreed to. The gentleman has half a minute remaining. Three minutes PROVIDEN"CE HOSPITAL. were consumed in putting the Army reorganization bill into con Mr. BABCOCK. Mr. Speaker, I ask present consideration of ference. the bill H. R. 13279. 1901. CONGRESSIONAL RECORD-. HOUSE. 1263
The Clerk read as follows: to represent the interests of the child when the case is heard,-to furnish the court such_information and assistance as the judge may require, and to take A bill (H. R. 13279) to enable the directors of Providence Hospital to increase charge of any child before and after trial as may be directed by the court. the accommodations of that institution. SEC. 4. That all cases involving the commitment of children as public de- Be it enacted, etc., That the directors of Providence Hospital are hereby pendents. or the trial of children under 17 years of a.ge for any violation of law authorized -to erect additional buildings and make such improvements for m any police or criminal court, and all cases involving offenses against the per hospital :purposes as they may deem proper on square 7&1. city of Wash- son of such children shall be held and determined by such court at suitable ington, DIStrict of Columbia, now owned and occupied by that mstitution, times and places to be desiguated therefor by it, se-parate and apart from the and for such purposes may mortgage or otherwise encumber said square to trial of otlier cases. raise money for the buildings and improvements hereby authorized, and the SEC. 5. That all acts and portions of acts inconsistent with the provisions limitation of value of real estate owned by Providence Hospital contained in mentioned above are hereby repealed, and the terms of the provisions in the the act approved April 8, 1864:, is hereby removed. above sections shall become law on and after the date of approval Mr. BABCOCK. Mr. Speaker, I yield to the gentleman from With the following amendments recommended by the com· Maryland rl\Ir. MUDD]. mittee: Mr. MU.OD. Mr. Speaker, the object of this bill is to permit Page 1, line 14, after the word" age," insert the following: "charged with the directors of Providence Hospital to borrow money to make an or convicted of a petty crime or misdemeanor punishable by a fine or im- .d f th . - d f prisonment." addition to their bulld ings to prov1 e or e mcreasmg nee s o Page 2, strike out all of section 4. the patients of that hospital. The reason for asking this is that Number section 5 as "section4-." in the act incorporating the hospital there was a limitation upon The SPEAKER. The question is on agreeing to the committee the holding of real estate, that act providing that the hospital amendments. should not hold real estate exceeding $150,000. It is found that The question was taken; and the amendments were agreed to. providing for these new buildings will require them to hold prop- Mr. FITZGERALD of New York. Mr. Speaker, I would like erty aggregating, I apprehend, about $250,000 or $300,000, or per- to ask the chairman of the committee a question. haps more in value. It is feared that in the present status of the The SPEAKER. Does the gentleman from Wisconsin yield to law as applicable to that institution they might not be able to the gentleman from New York? borrow the money, as money lenders might be afraid of a possible Mr. BABCOCK. I do. cloud on the title because of this limitation upon their capacity to Mr. FITZGERALD of New York. This bill provides for the acquire and hold. Under an act of 1866, being the act of that placing of children in homes by contract. I weuld like to inquire year making provisions for civil expenses of the Government, whether it provides that children of a certain religious faith shall $30,000 was appropriated fo aid in the construction of one of the be placed in homes and educated by families of that faith? buildings of this institution. Mr. PEARRE. No; therti is no provision in the bill that such That act provided that in case .the property should ever be sold children shall be placed in homes of the same religious faith. or diverted from the uses for which the institution was incorpo- There is a bill of that sort pending now before the Committee on rated, there should be a lien upon the proceeds of said property in the District of Columbia. This simply amends the act of 1892, favor of the Government to be satisfied in advance of all other which was an act incorporating the Board of Children's Guar claims. I have -prepared an amendment to preserve that, and dians, and the purpose of this bill is to increase the age from 16 with that amendment I think there will be no objection to the to 17 of children who shall come under the provisions of the au bill. I have sent the amendment to the Clerk's desk. thority of this board, and to increase the jurisdiction of the courts The SPEAKER. The Clerk will report the amendment offered in committing to the care of the Board of Children's Guardians by the gentleman from Maryland. children of certain classes, which are enumerated. Mr. MUDD. It is a committee amendment. l\Ir. FITZGERALD of New York. This provision I speak The Clerk read as follows: about has been enacted into law in several States and is found to Amend by adcling as follows: work satisfactorily. If the gentleman says a measure of that kind "Provided, 'l'ba.t nothing in this act shall be so construed as to divest or is now being considered by his committee, I have no disposition ~J'ci:O?tK;1~~~!a~la3:o~ ~~ i~~ &~~~~~tc~rth!°u~fe~as~~;f: E:~ to amend this; but if not, I think the gentleman ought to accept the same shall be sold or diverted to other uses that may have been created an amendment which would compel that to be done. by act of Congress approved July 28, 1866, entitled 'An act ma.king appro- Mr BABCOCK. That matter referred to by the gentleman J>ria.tions for sundry mvil expenses of the Government for the year ending • · June 30, 1867, and for other purposes,• or by any other act making appropria.- from New York is being considered in another bill now before tions for said hospital." the committee. The SPEAKER. The question is on agreeing to the amend- The SPEAKER. The question is on ordering the bill to be en- ment. grossed. "' The question was taken; and the amendment was agreed to. The bill was ordered to be engrossed and read a third time; and The bill was ordered to be engrossed and read a third time; and being read the third time, was passed. being read the third time, it was passed. On motion of Mr. PEARRE, a motion to reconsider the fa.st vote On motion of Mr. MUDD, a motion to reconsider the last vote was laid on the table. was laid on the table. ADVANCES FROM THE TREASURY OF THE UNITED STATES. STREET RAILROAD TRACKS, DISTRICT OF COLUMBIA. Mr. BABCOCK. Mr. Speaker, I ask for the present considera- Mr. BABCOCK. Mr. Speaker, I move that the bill s. 3205, tion of Ho~e bill 13371,-to authorize advances from the Treasury an act for the relocation of certain tracks of street railways in of. th~ Umted Sta~es for the support of the government of the the District of Columbia, be re-referred to the Committee on the DIBtrict of Columbia. . District of Columbia. ~Clerk read the bill, as follows: The SPEAKER. The gentleman from Wisconsin moves that . eiten~cted,etc., Thathereaftert~eSeci:etaryoftheTreas~ry~author- . . - . . ed and directed to advance to the disbursmg officer of the DIBtrict of Co· Senate bill 3205 be recommitted to the Committee on the District umbia, in the manner now prescribed by law, out of any moneys in the of Columbia. Treasury of the United States not otherwise appropriated, such sums as may The motion was agreed to. v be neces~ry from time to time to meet the g_eneral e:;pen.c;es of said District, and to reunburse the Treasury for the portion of said advances payable by POWERS OF COURTS OF THE DISTRICT OF COLUMBIA. the District of Columbia out of the taxes and revenues collected for the sup- . port of the government thereof: Pro-i,ided, That nothing contained herein, Mr. BABCOCK. Mr. Speaker, I ask for the present cons1dera- nor in the act of June 6, 1900, entitled "An act to regulate the collection of tion of House bill 13067 to enlarge the powers of the courts of the tax_es in the District of Columbia," shall be so construed a~ to require the · · f 1 b" · ' · 1 · d li t hild d Umted States to bear any part of the cost of street extensions, and all ad- D1str1ct o Co um ia lil cases m VO vmg e nquen C ren, an vances heretofore or hereafter made for this purpose by the Secretary of the for other purposes. Treasury shall be repaid in full from the revenues of the District of Colum- The Clerk read the bill as follows: bia, except in cases where the terms of. the appropriati
The Clerk read as follows: of providing that unless the benefits assessed upon the abutting On page 1 strike out lines 3 and 4 and down to and including the word landowners shall amount to 50 per cent of the whole cost then "{)olumbia ' in line 5 and insert the following: "That until and including the extension shall not be had, the street shali not be opened. I June 30, 1902, the Secretary of the Treasury is authorized and directed to ad apprehend there will be no objection to such a provision upon the vance on the requisition of the Commission~rs of the District of Columbia 1 score of constitutionality. But inasmuch as we have made mada. • a radical departure in the method of paying those expenses, it seems The amendment was agreed to. ~o me that the District government should not be obliged to pay Mr. MUDD. I would like to .ask the chairman of the commit mterest npon the advances made by the Government of the United tee whether he does not think that the language " street exten States to meet this unforeseen and unexpected condition, and to sions," in line 5 of page 2, may be too broad. Might it not be tide over the time until the Government shall receive from the construed to cover the cost of improvements as well? If the abutting landowners this one-half of the cost. chairman of the committee is satisfied on that point, I have no I do not apprehend that there can be much objection to this. desire to offer an amendment. For my own part, I do not think it looks quite well to see the Mr. BABCOCJK. There is no question about that, for the sim United States playing the part of money lender to the District for ple reason that the Committee on Appropriations reports specific profit under these circumstances. The Tevenues of the National appropriations for every dollar spent. Government are abundant for all purposes. The revenues of the Mr. MUDD. the gentleman thinks that would not involve Ann District of Columbia, on the other hand~ are somewhat cram~ed, the cost of improvements? and inadequate to meet the running expenses of the District, and Mr. BABCOCK. No. it looks like a somewhat harsh policy for the Government to re The Clerk read the following amendment, offered by Mr. JE~ quire the District to pay interest even at a low rate under the KThTS: conditions in which the Distr]ct is placed because of these expen After the word " Columbia," in line 8, pa.ge 2, insert: sive street extensions forced upon it by the National Government. "Provided, That all advances made under this act and under the said act of June 6, 1900, not reimbursed to the Treasury of the United 8tates on or It is like a guardian lending money to his ward and charging before June 30, 1902, shall be reimbursed to the Treasury of the United interest for the money to pay expenses that should come out -0f States out of the revenues of the District of Columbia, beginning July l, the trust fund. 1902, in four equal annual installments, at the rate of 2 per cent per annum." I do not think the Committee on the District of Columbia have Mr. MUDD. I desire to move an amendment to the amendment much objection to this proposition, and I do not believe the Honse, of the committee. I move to strike out the words " with interest if it fail'ly considers the matter, will object to it, either. at 2 per cent peT annum." I ask the chairman of the committee Mr. SIMS. The gentleman from Maryland says that he does whether there is any objection to that amendment? not think the committee has much objection to it. I would ask Mr. BABCOCK. So far as I am personally concerned, I have him if it is not a fact that I myself insisted upon 3 per cent-- no objection; but there was an agreement between the committee Mr. MUDD. I do not wish to be misunderstood. in my state and seyeral members of the House that there would be no objec ment, Mr. Speaker, nor do I wish to put any gentleman in a false tion to th~ passage of the bill if this amendment now submitted attitude with reference to the matter. I have been merely stating on behalf of the committee should be adopted. The proposition my own impressions upon it. I am unable to say exactly what of the gentleman from Maryland [Mr. MUDD] is to strikeout cer position the gentleman took in connection with the matt.er. tain words of this amendment, and under the circumstances I Mr. JENKINS. Now, Mr. Speaker, I wish to say to my friend can not agree to that. from Maryland and to the members of the House that the Com Mr. MUDD. Just one word. I have no disposition to antag mittee on the District of Columbia is in honor bound to oppose onize the committee, nor do I desire to be heard at any great the amendment which the gentleman from Maryland insists upon length on my amendment to the amendment, but I think my offering in connection with this pToposition. amendment ought to prevail. · When the question was originally before the committee I voted My amendment, if adopted, would simply relieve the gonrn in favor of the amendment, and personally I am of the belief this ment of the District of Columbia from the payment of interest at moming that the bill shonld be reported without interest. But 2 per cent per annum. This may appear to be a small matter, this bill, Mr. Speaker, depends largely upon the action of the but in my judgment it is important in principle. Years ago, if I Committee on Appropriations, and I was influenced in my T"ote am not mistaken, the cost of street extensions, including the cost of and in my judgment, the morning the District Committee coru id condemnation proceedings and the amount of daniages awarded, ered it, by the information that the Committee on Appropriations was bome conjointly by the District of Columbia and the United favored the appropriation of the money without interest. 'States Government. In my opinion that is the proper policy and But, Mr. Speaker, after the bill was reported to the House the the only policy that is in accordance with the provisions of the Appropriations Committee called the attention of the District organic act of 1878. Committee to the fact that that committee was opposed to the bill as Now, the Committee on the DistrictofColumbiathonghtitwell reported, and after a conference between the members of the Ap within the hst year or two to require the District government to propriations Committee and District of Columbia Committee the pay one-half of the cost of condemnations for street extensions amendment, as introduced by my.self this morning and now pend and to place the other 50 per cent of the cost upon the abutting ing, was agreed upon by the committee and it was sent to the desk owners-the owners benefited by the opening of the street. And as a committee amendment, after having agi·eed with the Commit this proposition, I am frank to say, seems tome not altogether in tee on Appropriations that we would offer the amendment and equitable. To that plan the District government, on its own ac stand by it. The Committee on the District of Columbia this count as a municipality, can have, in my judgment, no serious morning can not violate that agi·eement" and SUPJlOrt the amend objection, inasmuch .as no additional cost over that of years ago, ment of the gentleman from Maryland. before this change of policy was adopted, is placed upon that gov Mr. MUDD. Will the gentleman yield to me for a question? ernment. Mr. JENKINS. Certainly. But, Mr. Speake~, it has been found that while the District gov Mr. MUDD. There is no question of misunderstanding here, ernment has paid ant the total cost of these condemnation pro Mr. Speaker. I certainly knew nothing whateYer of any such ceedings, including compensation for the lands taken, yet when agreement as that suggest.ad by the gentleman. I understood, of the proceedings are through the Government has to wait a con course, that the bill as originally drawn was obnoxious to tha siderable time-it may be-several years-before it recoups that 50 Subcommittee on Appropriations, but I did not understand that per cent expenditure by getting back the 50 per cent assessed as there had been anything in the shape of an agreement with refer benefits upon the abutting land owners. All the bills for street ence to the amendment which has been suggested. I am endeav extensions passed at the last session of Congress-and there were oring to express the views of my own committee and not those many of them-involved an expenditure of about $2,000,000, I be of some other committee. lieve, and through this departure from the former policy an addi Mr. JENKINR This was the unanimous action of the com tional and unexpected exp€nditure -of a million -dollars, to be paid mittee, instructing that the amendment be offeTed and, if possi out of the revenues of the District of Columbia, which has brought ble, adopted. about a deficit in those revenues. Mr. .MUDD. I knew nothing whatever of that. The question as to the oonstitutionality of assessing an arbi Mr. HOPKINS. Mr. Speaker, it has been stated within a day trary percentage upon the abutting owners went to the courts of or two that the cause of this deficit of a million dollars in the the District, and the court of appeals in a recent decision has cle revenues of the District grows ont of the fact that no tax has been clared that that provision, found in almost all of our stre.et-ex collected on personal property here. I am not ad vised as to tension acts, was unconstitutional. As a result, the condition whether that statement is correc.t or not, and I wonld like to ask confronting the District government to-day is that while it has a statement-Of the facts as to whether they do collect such tax on had to pay the cost of the lands fo1· all these street extensions, it personal property, such as is collected in the States of the Union will possibly have to wait many years before it can get back that on similar property. 50 per cent intended to be imposed upon the abutting land owners. Mr. JENKINS. Mr. Speaker, I may say, in response to the Since that decision, which is now pending on appeal before the gentleman from Illinois, that whatever I may say in answer to his Supreme Court of the United States, we have adopted the policy question is only based on information generally obtained, and not 1901. CONGRESSION .!L RECORD-HOUSE. 1265
from an investigation of the subject. As I understand it, they do matter was brought up it was claimed that the law did not regu attempt to collect a personal-property tax here as is elsewhere late it, and now it is practically an open and understood fact that collected throughout the country, but there is no question but persons in authority-and by that I do not mean the assessors or that a large part of the personal property in the District of Colum collectors of taxes-that some of the Commissioners of the District bia seems to escape this taxation by some means. I do not think, and many of tha most influential citizens of the District do not be however, that the deficit is caused by that alone, and, as a matter lieve in the collection of taxes on personal property in this Dis of fact, we are not advised in detail as to the cause of this deficit. trict. They want to make the District a sort of harbor of refuge Mr. HOPKINS. Can the gentleman point out the causes, if for men who have large holdings of personal proper,ty, and who any exist, for not collecting a proper tax on pe1·sonal property in will escape the payment of taxes at home by coming here and the District? building magnificent residences and making this a residence city. Mr. JENKINS. No; I can not. It must be that the officers I want to say that I think that ought to ba remedied by Congress, have bad the same difficulty here as in other places. and that property of all kinds should be taxed here as elsewhere. Mr. HOPKINS. Are these the officers who recommend that I do not know whether there need be any legislation in order to the money be advanced to the District under the provisions of this regulate it or not. bill? The District Commissioners, in February, 1900, prepared a bill Mr. JENKINS. No. The officers making the assessment and to be introduced in Congress providing for a system of as ess the tax collector are the perrnns to whom the gentleman refers. ment and collection of taxes on real and personal property and But this report is from the Commissioners of the District. the regulating of licenses. Shortly after that there was a change, Mr. HOPKINS. Then I ask the gentleman a further question, as I ha"Ve been told, in the personnel of the Board of Commission · because I have not served on the District Committee and have not ers, and the bill was never introduced. It was pubUshed in the been able to inform myself on these facts, as the gentleman has papers, but was never introduced. Without considering that bill been enabled to do. But I wish to ask who appoints the officers particularly as to details, I discovered this the other day and in or persons who make the assessment and are supposed to collect troduced the measure. I think Congress ought to take that mat the tax on personal property? ter up and regulate it; but it is a matter of great importance which Mr. JENKINS. 'fhey are appointed by the Commissioners of can not be done on the spur of the moment. I do not think it the District of Columbia. ought to be done with reference to this particular bill; that is, to Mr. HOPKINS. And the Commissioners are the ones who come defeat this bill, as I have been told that this is a measure of great here asking for this $2,000,000 to be advanced by the Geneni.l importance, and with the amendment limiting the borrowing of Government? this money to one year and providing for the repayment of it from Mr. JENKINS. Yes; they recommend it very strongly. the revenues of the Dish·ict, it seems to me as a proper bill which Mr. HOPKINS. Then, if the Commissioners had done their should pass. duty and appointed able and efficient assessors of property this But I am heartily in sympathy with the objections and sugges deficit would not have existed? tions made by the gentleman from Illinois fMr. HOPKINS] that Mr. JENKINS. Yes, it would, just the same, I think. personal property in the District of Columbia should bear its pro Mr. HOPKINS. That is what I want to know. portionate tax, and I really believe the fault is not so much in the Mr. BABCOCK. It is not on account of the noncollection of officers who have charge of the assessment and collection of taxes taxes, but it is for the reason that Congress has not appropriated as it is in the officers who control the policy of the District of the money that there is a deficit. In the first place, we do not ex Columbia. pect that there will be any deficit in the end, and there is none Mr. SIMS. I wish to ask my colleague one question on tills. cessity to make any permanent loan. Revenues due the District, It has been stated that there is a sentiment here among the rich amounting to about a million dollars, are held up by the courts at and influential people in opposition to levying and collecting taxes the present time, and are pending in the Supreme Court of the on personal property, as an inducement to get rich men who want . United States. This was brought about by the street-opening to escape taxes at home to move here and thereby escape taxation. cases. Mr. COWHERD. I think that is true. That is one of the rea Mr. HOPKINS. Mr. Speaker, in view of what the gentleman sons for the present system. from Wisconsin [.Mr. JENKINS] has said about the failure of duty Mr. KING. I want to ask my friend how long this deficit bas of those whose business it is to assess the personal property of the been growing? District, I would like to know if any action has been taken, or if Mr. JENKINS. Oh, for a long time. . any action is contemplated, on the part of the Committee on the Mr. KING. If there has been a deficit, which now amounts to District of Columbia to provide some method by which the per $2,000,000, why have not the officials of this municipality, antici sonal property of the District shall be taxed the same as the real pating this deficit, increased the levy of taxes so as to provide property of the District? against it? Mr. JENKINS. I will say to the gentleman from Illinois that Mr. JENKINS. Well, if the gentleman will read the report of my judgment is, and I so expressed myself to the officers of the the committee, I think he will find they have very carefully District recently, that the law is ample; but personal property answered that question. escapes its just proportion of the taxes here, as it does every l\!r. KING. What steps have they taken? where, because it is so extremely difficult to find it. A man will l\fr. JENKINS. I can not answer for the Commissioners. go to church and bow his head and worship God when the minis They are not here. ter prays and go before the board and commit perjury to get rid Mr. KING. What steps have the Commissioners taken in order of paying his taxes. Men are so averse to paying taxes. Ruman to pay back this amount which they are now borrowing? nature here is the same as elsewhere. Mr. JENKINS. That question is answered in the report. The Mr. HOPKINS. Are there any instances where the Commis facts are carefully set forth in the report. sioners have prosecuted such a man for perjury? Mr. McCLEARY. There is a surplus of the ordinary revenues Mr. JENKINS. I am not famlliar with that; but we discover that will cover that. everywhere that people will try to escape taxation, just as they Mr. SHAFROTH. If the gentleman will permit me, I notice try to escape death, and they are more successful in the one case that this bill proposes to lend 62,000.000 out of the National Treas than in the other. [Laughter.] ury funds to the District of Columbia. Is there any means pro Mr. COWHERD. Will the gentleman yield to me? vided in the bill for increasing the revenues of the District so as Mr. JENKINS. I will yield to any gentleman who desires to to repay that loan? ask a question in good faith. Mr. JENKINS. There will be no question about the means of Mr. COWHERD. With the gentleman's permis ion, I should its being paid. After the collection of the taxes there will be no like to make a statement on that, because, as the information has deficit. This is to anticipate any deficit and provide against any come to me, I do not think the gentleman has done entire justice such contingency. to some officers of the law. As I understand it from my investi Mr. SHAFROTH. It is very difficult to get any money back to gation of this matter, there is practically a very small collection the United States when it has once been appropriated. It seems of taxes on personal property in the District of Columbia. The to me provision ought to be made in the bill for the repayment. sum of $188,000 is all that is paid in in such taxes. Of that amount Mr. JENKINS. I just want to say to my colleague and the all but 50,000 comes from the asse ~sment upon insurance compa House, in reference to this question of taxing personal property, nies and other corporations incorporated by act of Congress, and that there is no one on the Committee on the District of Columbia which companies paythe percent on theirreceipts as provided by more in favor of personal property paying a just proportion of tax Congress. Practically $50,000 is all that is collected upon all the than I am, and if any gentlemen in the offices of the Commis ordinary personal property in the District of Columbia, including sioners are shutting their eyes to a failure of the assessor to do his all classes of credits, mercantile stocks, and all other kinds of per duty I am not familiar with it. I have talked with several gen sonal property. tlemen interested in the matter, and I find it is just as difficult Now, when this matter was first brought up on the floor of the to collect taxes on personal property here as elsewhere. I am House some years ago the statement was made that it was a mis in favor of it myself. The Commissioners and the gentle~en take and that personal property was taxed. The next time the representing the District in this matter have done their duty as
XXXIV-80 1266 CONGRESSIONAL RECORD-HOUSE. J .ANU.ARY 21, best they can. We have been assured by those gentlemen, speak In said publication of said notice each several piece of property shall be described ma separate paragraph. ing for the District, that they have tried their very best to collect The cost of publication of the notice herein provided for shall be added to taxes on personal property. There are a number of gentlemen in the amount of said assessment and collected in the same manner that said the District that favor the proposition that personal property shall assessment is collected. not pay any tax whatever. I am not one of them. I have always SEC. 2. That all laws or parts of laws inconsistent herewith are hereby re· opposed and do not know of any attempt pending on the part of pealerl. . the District government to pass any such legislation. I know it Mr. JENKINS. I ask for a vote on the bill, Mr. Speaker. will not receive favor in the committee. The bill was ordered to be engrossed for a third reading; and Now, Mr. Speaker, I will ask for a vote. being engrossed, it was accordingly read the third time, and passed. Mr. MONDELL. If the gentleman will allow me a moment. On motion of Mr. JENKINS, a motion to reconsider the vote The gentleman says that the government of the District has made by which the bill was passed was laid on the table. an effort to collect a tax on personal property. Why is it that the SUBDIVISION OF PE~COTE HEIGHTS, DISTRICT OF COLUMBIA. District government finds it impossible to collect taxes on personal Mr. BABCOCK. Mr. Speaker, I ask consideration of Senate property? bill 1996. Mr. BABCOCK. It is invariably the case, I fear, that it is not collected anywhere in the country. The universal experience is The bill was read, as follows: A bill (S. 1996) revoking and annulling the subdivision of Pencote Heights, that it is very difficult to collect taxes on personal property, and in the Di trict of Columbia. gentlemen from almost every State in the Union have spoken be Be it enacted, etc., That the subdivision of Pencote Heights, in the District fore the subcommittee and all expressed themselves the same on of Columbia, be. and the same is hereby, revoked and annulled. this point. It is extremely difficult to do it. Mr. BABCOCK. I ask for a vote, Mr. Speaker. .Mr. MONDELL. Do you say that personal property is not The bill was ordered to a third reading; and it was accordingly assessed? read the third time, and passed. Mr.• TENKINS. That question is not involved in this bill. l\1r. MONDELL. I am simply asking for information on the CRIMINAL LAWS OF THE DISTRICT OF COLUMBIA. subject. Mr. BABCOCK. Mr. Speaker, I ask for the present considera l\1r. JENKINS. Mr. Speaker, I will ask for a vote on the tion of the bill (S. 122) to amtmd the act entitled ''An act to amend amendment of the gentleman from Maryland. the criminal laws of the District of Columbia," approved July 8, The SPEAKER. The question is on agreeing to the amend- 1898. ment offered by the gentleman from Maryland. The Clerk read the bill, as follows: Mr. McCLEARY. Mr. Speaker, I ask consent for a moment. Be it enacted, etc., That section 1 of an act entitled "An act to amend the The SPEAKER. Does the gentleman yield? eriminal laws of the District of Columbia," approved July 8, 1898, be, and the Mr. JENKINS. I do... same is hereby, amended so that the same shall read: ' That every person charged with an offense triable in the police court of Mr. McCLEARY. As I understand it, Mr. Speaker, this defi the District of Columbia may give security for his appearance for trial or ciency is not due to a deficiency in the revenues as compared with for further bearing either by givingl>ond to the satisfaction of the court or by the expenditures. The ordinary revenues of the District are more depositing money as collateral security in such amount as the court, the as sistant attorney for the United States, the special assistant attorney for the than sufficient to pay the ordinary expenses of the District. The District of Columbia, or the lieutenant or acting lieutenant of police of the pre deficiency arises from a change in policy, under which the income cinct in which the person is detained may determine with the clerk of the police of the District was not sufficient for the time being. It is merely court, or the lieutenant or acting lieutenant of police, or the station keeper of the police precinct within which such person may be apprehended. And a temporary deficiency. whenever any sum of money shaU be deposited as collateral security as hereby The SPEAKER. The question is on agreeing to theamendment provided it"'hall remain, in contemplation of law, the property of the person offered by the gentleman from Maryland to the amendment offered depositing it until duly forfeited by the court; and when forfeited it shall be, in contemplation of law, the property of the United States of America or by the gentleman from Wisconsin on behalf of the committee. of the District of Columbia, according as the charge against the :r;>erson l\1r. BABCOCK. Which is a committee amendment, Mr. depositing it is instituted on hehalf of the said United States or the said Dis Speaker. trict; and every person receiving any sum of money deposited as hereby pro vided shall be deemed in law the agent of the person depositing the same or The SPEAKER. The Cierk will report the amendment to the of the said United States or the said District, as the case may be, for all pur amendment again for the information of the House. poses of properly preserving and accounting for such money. The Clerk read as follows: "And all fines payable and paid under judgment of the said police court shall, upon their payment, immediately become, in contemplation of law, the Strike out "with interest at the rate of 2 per centum per annum." property of the said United States or the said District, according to the The question was taken, and the amendment to the amendment charge upon which such fine may be adjudged; and the person receiving any such fine shall be deemed in law the agent of the said United States or the was rejected. said District as aforesaid, as the case may be; and any person, being an agent The SPEAKER. The question is now on the amendment offered as herein before contemplated and defined, who shall wrongfully convert to by the committee, through the gentleman from Wisconsin. bis own use any money received by him as hereinbefore provided shall be The question was taken, and the amendment was agreed to. deemed gunty of embezzlement, and n~on conviction thereof be pUnished by a fine not exceeding S5.000 or by imprISonment not exceeding five years, or The bill as amended was ordered to be engrossed for a third both: Prot'ided, That nothing herein contained shall affect the ultimate reading; and being engrossed, it was accordingly read the third rights under existing law of the Washington Humane Society, or the police time, and passed. man's fund (by whatever name the same may be called or known), or the firemen's relief fund, of the District of Columbia. in or to any fines or for On motion of Mr. JENKINS, a motion to reconsider the vote by feitures paid and collected in the said police court." which the bill was passed was laid on the table. The bill was ordered to be read a third time, was read the third WATER-MA.IN TAXES IN THE DISTRICT OF COLUMBIA. time, and passed. Mr. BABCOCK. Mr. Speaker, I ask present consideration of Mr. BABCOCK. Mr. Speaker, of the two Senate bills, the one the bill H. R. 13706. just passed and the preceding one, I move to reconsider and to lay The Clerk read as follows: that motion on the table. A bill (H. R. 13706) regulating assessments for water mains in the District of The SPEAKER. The gentleman from Wisconsin moves ~o Columbia. reconsider the votes by which the last bill was passed and the one Be it enacted, etc., That hereafter, whenever a. water main or mains shall by which the preceding one was passed, and lay those motions on be laid in the District of Columbia, the water-main a.ssessmen tor tax therefor authorized by law shall be asse:.sed within thirty days after such water main the table. Is there objection? [After a pause.] The Chair hears or mains shall have been laid, and the owner or owners affected by this assess none. ment or tax: shall be notified that the same bas been assessed, by a notice Mr. BABCOCK. Mr. Speaker, I now enter a motion to recon which shall be served upo~ the owner of_ th~ lot or parcel. of land .to be as sessed if he or she be a resident of the D1str1ct of Columbia and his or her sider the vote by which House bill 13660 was recommitted with residence known. If the owner be a nonresident, or his or her residence un instructions to the Committee on the District of Columbia, and I known the notice shall be served on his or her agent or tenant. The service will call that motion up lat~·. of such notice where the owner or his or her agent or tenant resides in the The SPEAKER. The Chair desires to call the attention of the District of Columbia shall be either personal or by leavin~ the same with some person of suitable age at the residence or place of business of such gentleman from Wisconsin to Rule XVIII, clause 2, in respect to a owner, agent, or tenant; a!l~ return of ~ucll service, stating the. m_anner motion to reconsider a bill sent to a committee; but inasmuch as thereof, shall be made in wr1tmg and filed m the office of the Commiss1oners there is no ruling demanded of the Chair at this time, the Chair of the District of Columbia. If there be no agent or tenant known to ~id Commissioners, no_ti<'.e of such will look into it further in case the point of order should be made. assessment shall be given by "the officer des1gnated by the _CommlSSloners to perform that duty under authority vested in th~m by an. act enti~le<1: "An CLOSING OF AN ALLEY IN WASHINGTON, D. C. act to authorize the reassessment of water-mam taxes m the District of Columbia, and for other purposes," approved July&, 1898, by advertisement Mr. BABCOCK. Mr. Speaker, I ask for the present considera once a week for two successive weeks in some newspaper pul?lished in said tion of the bill (H. R. 11648) to provide for the closing of part of District. Water-main assessments or taxes shall be payable lil three equal an alley in square 169, in the city of Washington, D. C., and for installments, the first of which shall be payable without interest withln thITty days from the date of such service or oft.he last publication of said notice, as the sale thereof to the Young Men's Christian Association of the the case may be; the second within one year, and the third within two years city of Washington. from the date of such service or of the last publication of said notice; and in The Clerk read the title to the bill. terest at the rate of 6 per cent.um per annum shall be charged on all amounts which shall remain unpaid at the expiration of thirty days from the date of Mr. BABCOCK. Mr. Speaker, since this bill was placed on the such service or of the last publication of said notice. House Calendar the Senate has passed a bill the eEact duplicate 1901. I. OONGRESSION .A.L RECORD-HOUSE. 1267
of~d I ask that the Clerk read the bill S. 4816, and that it be cept in the clearing of land of trees or brush, under a penalty of $.5 for every such bird killed, caught, exposed for sale, or had in his or her possession, substituted for the House bill. either dead or alive, and for each nest destroyed, and in default thereof to be The SPEAKER. The gentleman from Wisconsin asks unani imprisoned in the workhouse for a period not exceeding thirty days: Pl'o mous consent for the substitution of Senate bill, it being identi vided, That this section shall not apply lio birds or eggs collected for scientific purposes under permits issued by the superintendent of police of the District cally the same, and the Clerk will read the Senate bill. of Columbia in accordance with such instructions as the Secretary of the The Clerk read as follows: Smithsonian Institution may prescribe, such permits to be in force for one Be4t enacted, etc., Th.at the Commissioners of the District of Columbia. are year from date of issue and nontransferable. hereby authorized and directed. on the petition of the Young Men's Christian "That no person shall trap, net, or ensnare any waterfowl or other wild Association of the city of Washington, the owner of all the property abut bird (except the English sparrow), or have in his or her possession any trap, ting on that vart or portion of a.n alley 30 feet wide in square No. 169, in the snare, net, or illuminating device for the purpose of killing or capturing any city of Washmgton, D. C., and running east and west through said square for such bird, under a penalty of $5 for each waterfowl or other wild bird (except a distance of 89.83 feet, to declare said part or portion of said alley to be closed, the English sparrow) killed or captured, and in default thereof to be impris and to convey the title thereof to the said Young Men'sChristianAssociation oned in the workhouse not exceeding thirty days." of the city of Washington by deed in fee simple in the name of the United States (the said Commissioners being hereby vested with J?Ower and author Mr. JENKINS. Mr. Speaker, I desire to offer an amendment ity so to do) upon payment to said Commissioners by said association of a recommended by the committee. price/er square foot in current money of the United States equal to the as The Clerk read as follows: sesse valuation per square foot of sublot No. 59 in said square No. 169, according to themostrecentassessmentofsaidlast-mentionedlot, which said Insert, in line 7, page 3, after the words "English rabbit," thEt words" Bel· deed of conveyance, upon its execution and delivery and the pavment of such gianhare." purchase price aforesaid, shall operate to divest the United States of their The amendment was agreed to. title in the land so conveyed and vest the same in the said Young Men's Chris tian Association of the city of Washington. And it is further enacted that Mr. JENKINS. Now, l\Ir. Speaker, I desire to submit an said Commissioners, upon receipt of the purchase money, shall cover same amendment on my own responsibility. into the Treasury of the United States. The SPEAKER. The gentleman from Wisconsin offers the The bill was ordered to be read a third time; and it was read the following amendment~ which the Clerk will report. third time, and passed. The Clerk read as follows: On motion of Mr. BABCOCK, a motion to reconsider the last Insert at the end of the bill the following: "Provided, That this act.shall not apply to birds or animals heretofore vote was laid on the table. stuffed or to birds and animals heretofore killed in open season and subse The SPEAKER. Without objection, House bill 11648 will lie quently stuffed." on the table. Mr. JENKINS. I desire to say that that amendment is offered There was no objection. at the request of a. large number of residents of Washington who PROTECTION OF BffiDS, ETC., DISTRICT OF COLIDfBIA. feared if the bill became a law without the amendment it might Mr. BABCOCK. Mr. Speaker, I ask for the present considera make them amenable to it for keeping or having in their posses tion of the bill (H. R. 11881) to amend an act entitled "An act for sion stuffed animals. the protection of birds, preservation of game, and for the preven The amendment was agreed to. tion of its sale during certain closed seasons in the District of The bill was ordered to be engrossed and read a third time; and Columbia." being read the third time, it was passed. The Clerk read the bill, as follows: On motion of Mr. JENKINS, a motion to reconsider the last vote Be it enacted, etc .. That sections 1 and 3 of an act entitled "An act for the was laid on the table. protection of birds, :rreservation of game, and for the prevention of its sale DEWEY HOTEL COMPANY. during certain closed seasons in the District of Columbia," approved March 3, 1899, be, and they are hereby, amended to read as follows: Mr. BABCOCK. I ask the present consideration of the bill "That no person shall kill, expose for sale, or have in his or her possession, (H: R. ~3039) auth
Mr. HEPBURN. That is all I wanted to know. vestment of the said fund, and that all vouchers must be certified by the Attorney-General before any money is drawn from the Treasury, and the Mr. BABCOCK. We certainly would not have reported the money only taken from the Treasury by such vouchers as the work pro bill if we had thought it would have any such effect. gresses: that the said endowment fund be invested in safe security in land The question being taken, the amendments reported by the com or the first mortgage on land or iu lands by the trustees of the national memorial home, with the approval of the Attorney-General of the United mittee were agreed to. States and that the disbnrsrng officers of the Treasury are authorized and The bill as amended was ordered to be engrossed and read the directed to pay the money upon the presentation of such vouchers so ap third time; and it was accordingly read the third time, and passed. proved and certified as may be drawn by the af'sociation known as 'fhe Home for the Aged and Intirm Colored People of the United States. • ADDITIONAL FORCE AT WORKHOUSE A.ND .ALMSHOUSE. Mr. WHITE. I ask that the report of the committee be read. l\Ir. BABCOCK. I desire to call up the bill (H. R. 30607) to It is unanimous. provide additional force at the workhouse and the almshouse, The SPEAKER. The first question is on seconding the motion District of Columbia. This bill is on the Union (..,"'alendar. I ask to suspend the rules. unanimous consent that it may be considered in the House as in Mr. CANNON. Is this a motion to suspend the rules and pass Committee of the Whole. the bill, or to consider it? The SPEAKER. Is there objection? The SPEAKER. To pass the biH under a suspension of the Mr. MOODY of Massachusetts. Let the bill be read. rules. The bill was read, as follows: Mr. RICHARDSON of Tennessee. I demand a second. Be it enacted, etc., That the force at t~e workhouse and almshouse, District Mr. GROS VEN OR. ·Will not the gentleman consent that a sec of Columbia, be increased as foll?ws: Six overseers, at ?OCJper a:nnum, and 5 watchmen, at $365 per annum, said watchmen to be furmshed with board, at ond be considered as ordered? an estimated cost of $150 per annum. The SPEAKER. Unanimous consent is asked that a second be There being no objection, the House proceeded to consider the considered as ordered. ls there objection? The Chair hear none. bill which was ordered to be engrossed and read a third time; The gentleman from North Carolina [Mr. WHITE] asks that the and it was accordingly read the third tim' e, and passed. report be read. It will be read in his time. Mr. BABCOCK. Mr. Speaker, that is all the business that the Mr. GROSVENOR. The amendment ought to be read, perhaps, committee desires to submit to-day. The Clerk read the report, as follows: HOME FOR A.GED A.ND INFIRM COLORED PEOPLE. The Committee on Military A:ffairs, to wli.om was referred the bill (H.. R. 10305) to provide a home for aged and in.firm colored people, report the same j Mr. WHITE. By direction of the Committee on Military Af back to the House with the recommendation that it do pass. fairs. I move to suspend the rules and pass with an amendment A bill for a similar purpose was reported favorably in the third se~sion of the Fifty-fifth Congress by Mr. Griffin, from the Committee on Military Bouse bill 10305. Affairs, which sets forth fully the object of the legislation asked, and in part The bill was read, as follows: is as follows: A bill (H. R. 10305) to provide a home for aged and infirm colored people. "The Committee on Military Affairs, to whom was 'referred the bill (8. 2821) to provide a home for aged and infirm colored people, ha.Ying bad the Be it enacted\ etc., That the sum of $100,000, out of all moneys. arrears of pay, same under consideration, submit the following report tllereon: and bounty which are due t~e estates.of deceased colored soldi~rs.whoserved "This measure passed the Senate on the 14th day of Jnne, 1898. The Sen in the late civil war, and which were m the hands of the CommISsioner of the ate Committee on Education and Labor m.i.de a report thereon, which in Freedmen's Bureau and have been repaid into the Treasury, and for which part is as follows: no claim or claims have been or shall hereafter be made, fl.led, or presented "•By this bill it is proposed, for the purpose of establishing a national prior to the 1st day of January.1901, on and after which date all such claims memorial home for aged and infirm colored people, to make use of a sum of not so filed and presented shall, and are hereby declared to be, e:ffectually, money now lying in the Treasury of the United States which is due the absolutely, and forever barred, be, aJ?-d is hereby, appropr~ated, out OJ'. any estates of deceased colored soldiers. This sum is that remaining from the such money in the Treasury of th~. Umted Sta~s not otherwISe appropi:iated, moneys certified to be due to colored soldiers and which has not been paid for the purpose of erecting a national memorial home for aged and infirm out because of the lack of properly certified claims against it. The law gov colored people and to aid in maintaining t.he. inmate~ of .the same, th~ build erning the proper a.djudication of these claims requires that the heirs of the ing or buildings for said home to be erected m the Dtstrict of Columbia upon deceased soldier must prove their lawful marriage relation by record evi the lands owned by the as ociation known as The Home for Aged and Infirm dence, and that to be certified to by a notary public or clerk of the court in Colored Persons, a corporatio.n d~ly incorporat,ed unde~ and by virtue of the the several States. No marriai?e record of slaves was, however, kept, and in incorporation laws of the Disb'lct of Columbia: Provuud, That no money a great many instances the requisite J?roof can not b0 made, and the money shall be paid to said association under the provisions of this act until the claimed can not in consequence be paid out to individual claimants. What Attorney-General of the United States shall have reported to the Secretary the snm unproven and unclaimed will finally amount to it is at present im· of the Treasur1, after proper investigation, that such association IS legally po sible to tell, but according to the report of the Second Auditor of the incorporated for the accomplishment of the purposes specified in this act, nor Treasury to the Secr-etary of the Treasury, July?:'/, 1894, there at that time nntil the deed for said property shall have been approved by such Attorney remained unclaimed $!?31,018.84. Owing to the impossibility of making the General nor until the association shall have given good and sufficient bond, required proof, it is probable that by far the ~reater part of this amount will to be approved by ~ch Attorney-General, COD;ditioned upon the f~ithf~l dis never be paid out to heirs of deceased colored soldiers. charge of their duties m the proper exI!enditure .of ~he above-men?o_ned "'It is this money that will never be paid out in the manner originally de. fnnd: .And provided furt.her, That no claim or obligation upon the Umted signed that it is proposed to appropriate for the establishment of a national States for any appropriation of money ~or the supp?rt or endowment 9f said memorial home for aged and infl.rin colored people. The mone:r clearly be· institution shall ever be asserted agamst the Umted Stat.es; nor will the longs to the colored people, and numerous requests have been maile that it United States recognize any obligation growing out of this act other than be used for the benefit of their race. One of these requests is indic.ated in the the duty of supervision SJ>t;cifically prrivate sub SEC. 2. That the plans and specificatio~ for the buildings to be er,ected for scription they have acquired a tract of land sufficient to erect a smtab le build said home shall be submitted and be subJect to theapyroval of the Secretary ing, and now ask Congress to transfer to them a portion of the unclaimed of War· and the Secretary of the Treasury is authorized and directed to pay money in the United S.tates Treasury, which equitably belongs to the colored the moliey hereby appropriated to the association known as The Rome for people, to assist them in their very laudable work. Aged and Infirm Colored Persons in the manner provided for and upon the "·It does not appear to the committee that there can be just or reasonable fulfillment of tl!etermsof this act: And provided further, That theAttorney ground for obje"tion to the use of the money appropriated in the bill for the General shall have certified that the organization and constitution of the as purpose indicated when proper safeguards for its expenditure and for the sociation a:fford reasonable security that the money hereby appropriated will protection of the United States Treasury are provided.• be fully wisely and economically expended for the purpose set forth, and that "Your committee approve and adopt the foregoing portion of the report no mor~ than the amount certified by the Attorney-General to be reasonable of the Senate committee. The corporate name adopted by the as ociation is shall ha>e been expended for the wo_rk and ma~rials pr_ovided,_employed, '.The Home for Aged and Infirm Colored Persons.' While the sum proposed and used in snchpart of the construction and erection of sa1d building as may, to be appropriated for the erection of the home is limited to 100,000, yet the in each case be certified to by said Attorney-General; and that the associa measure also provides that the remainder of the fund is to be inve ted as an tion shall m~e annual reports of all its receipts and expenditures to the Sec endowment fund for the maintenance of the home, except as to so much as r etary of the Treasury, to be by him commnnicated to Congress, and the Sec may be held to pay off the claims against such fund presented before Jan nary retary shall have and exercise viciitorial powers over said association. 1, moo. All claims not presented by such date are to be barred. SEC. 3. That all other moneys being a part of or belonging to sucli arrears "Your committee, in order to establish proper safeguards with reference of pay and bounty, and prize money and other allowances that are due the to the use and investment of these funds. submit numerous amendments, estates of deceased colored soldiers who served in the late civil war be, which are herewith reported, and recommend that when so amended the bill and are hereby, appropriated, out of any money in the Treasury of the United do pass." States not ~therwis~ appropriated, to be !-nvested as an endowment fund. for the national memorial home for aged and infirm colored persons of the Umted Mr. WHITE. Mr. Speaker, the report of the Committee on States with the exception of so much money as may be held to pay off all or Military Affairs, which has just been read, e~plains the entire any chums that may be proven against such fun~. whic!J. shall be determined by the law governing the settlement of those claims which shall be presented matter connected with the bill I have called up. As is generally before January L 1901, all claims which shall be presented after that date understood, funds have accumulated from bounty and pay due being hereuy barred: Pro't'ided, That all the States in these United States to colored soldiers who served in the late war, which funds re shall have the ri~ht to organize one or more similar associations, and that such of the memoers of said similar associations as this present association main in the Treasury unpaid up to the present day, as uo heirs shall from time to time determine may become members of the association have been found, From the fact that during the days of slavery known as The Home for Aged and Infirm Colored Persons of the United no records were kept and no record made of the marriages of States by complying with the requirements of the association; and that any such similar association now existing, or that may be formed hereafter, shall slaves, it is in most cases impossible to trace the ownership of this have the right to place in the institution or on the grounds of the institution money. Most of the soldiers who should have been benefited by any memorial of deceased colored soldiers or representative colored men, or tbis fund were slaves, no records were kept of their marriages, of such other representative men as the association shall determine to have been benefactors of the colored people, providing that all such memorialB are and therefore where then~ were children left there is no means at in harmony with such institutions, by and with the consent of the trustees the present time of pro-ving their legitimacy and enabling them of the national memorial home for aged and infirm colored persons of the to avail themselves of this fund. United States, and provided that the 8ecretary of War, Secretary of the Treasury. and the Attorne:r-General of the United States shall constitute a This money has remained in the Treasury for some thirty years, board which shall have and exercise supervision over the expending and in- with practically none of it drawn out at an. The last report shows 1901. CONGRESSIONAL RECORD-HOUSE. 1269
that it amounts to about $2.'30,000, and it remains there without Mr. GROSVENOR. No part of it has ever been appropriated. the possibility of its distribution. Mr. CANNON. No part of it has ever been appropriated? A great Government like this could not use this fund with pro Mr. GROSVENOR. No;itisafundthathasaccumulatedlittle priety or say that it should escheat to the United States when it by little, and after a while ceased to accumulate by lapse of time, has ample resources of its own and when it is well known that there being no ascertainment of any more money to come in. The most of these people who should be the beneficiaries of it are outgo has ceased also by reason of lapse of time. but there is a greatly in need of the relief which its distribution would give to provision that at a certain time all claimants to that money shall ~~ - be barred. I think the bill is very carefully and safely drawn. But, Mr. Speaker, it does not properly belong to the United Mr. CANNON. The gentleman is quite sure, from his exami States in any sense of the word. It is simply a kind of trust fund nation of the bill, that there has been no appropriation of this in the custody of the United States and under its control; and amount-- therefore I trust the House will pass the bill which I have called up. Mr. GROSVENOR. None whatever. I now yield to the gentleman from Ohio [Mr. GROSVENOR]. Mr. CANNON. Said to be unclaimed, for the benefit of the The SPEAKER. Does the gentleman yield the remainder of Regular Army Soldiers' Home or any other purpose? his time? Mr. GROSVENOR. None whatever. If any such thing had Mr. WHITE. I will reserve. the remainder of the time, Mr. happened, then the bill would carry nothing. Speaker, and if necessary I will yield to the gentleman from Ohio, Mr. CANNON. You would have to indemnify the other fund. if there shall be any opposition manifested to the bill. Mr. GROSVENOR. There has never been any appropriation. The SPEAKER. Does the gentleman from Tennessee [Mr. The Government has thus far held it as a trust fund. RICHARDSON] desire to be heard? Mr. RICHARDSON of Tennessee. I should like to ask the gen Mr. RICHARDSON of Tennessee. I do not desire to be heard tleman, without interfering with the gentleman from Illinois, in myself, but I believe the gentleman from Illinois wishes to be what manner this credit has been kept in the Treasury Depart heard, and I yield to him such time a<3 he may desire. ment? Mr. CANN ON. I merely wish to ask a question or two in refer Mr. GROSVENOR. I can not state that. ence to the bill to see if I understand its provisions. I see it pro l\1r. RICHARDSON of Tennessee. Has it been paid in, and vides-I have not read it before-for the organization of branch kept in the general fund of the Tr_easury? homes in the various States. I wish to ask the gentleman from Mr. GROSVENOR. No. Ohio [Mr. GROSVENOR] or the gentleman from North Carolina Mr. RICHARDSON of Tennessee. Or putinaspecial account? fMr. WmTE] whether it is contemplated, at the expense of the Mr. GROSVENOR. As I understand it, it is a special fund, a Federal Treasury, to found a home for aged and infirm colored trust fund which has accumulated in the Treasury. people in the United States, and not only at the expense of the Mr. RICHARDSON of Tennessee. Then the gentleman, as I Treasury, but that it shall maintain the home thereafter? understand it, states that it is in some special account and not in Mr. GROSVENOR. That, Mr. Speaker, is a very pertinent the general fund. · . question and gave some trouble to the committee in the considera .M.r. GROSVENOR. It is not in the general fund, as I under tion of the bill. I have given to it careful consideration, and stand it. think I can answer the gentleman fully. Mr. RICHARDSON of Tennessee. The report does no~ show In the first place! this bill does not contemplate the organiza that fact, and it would make a great deal of difference whether tion of any as ociation outside of the District of Columbia, except we are appropriating money out of the general fund or whether for the purpose of making the authority for them to erect at their this is in a separate account. own expense monuments in commemoration of the colored soldiers Mr. GROSVENOR. It is a separate account and the report who fellin the war on the ground now occupied by the associa shows it. tion here. Beyond that, the other homes are not provided for at This sum is that remaining from the .money certified to be due to colored all. soldiers, and which has not been paid oul; because of the lack of properly cer In the first place, there is no provision for levying a cent of tax tified claims against it. or making any demand upon the Government for any purpose, and I think there can be no doubt about the safeguards to the bill. in order to make assurance doubly sure I drafted a provision, which I took hold of it, not at the suggestion of the promoters of it- would come in at the end of the first section of the bill, providing Mr. MAHON rose. that no claim can ever be asserted against the Government by The SPEAKER. Does the gentleman from Ohio yield to the reason of the enactment of this law over and above the amount gentleman from Pennsylvania? of money actually on hand. Mr. GROSVENOR. I do. I would be glad to ask unanimous consent that this amendment, Mr. MAHON. Why put in this proviso at all? Why should which, I believe, has been read already in connection with the this Congress interfere about putting up homes for aged colored bill, be again read. or white persons in the States? The States are thoroughly The SPEAKER. Without objection, it will be read in the time equipped. My State takes care of aU these people, and your St3.te of the gentleman from North Carolina. does. I am perfectly satisfied that this money ought to go to erect Mr. CANNON. That is not in the bill that is proposed to be a home for aged and infirm people in the District of Columbia and offered. God knows they need it badly enough, and they need every' dol Mr. GROSVENOR. It is offered as a part of the motion to sus lar. I do not feel like dragging in the United States Government pend the rules and pass the bill with the amendment. It would and the Attorney-General into the matter of building homes in come in, probably, after the first section. I ask that it be again the States. Why should they be bothered with that sort of thing? read. l\Ir. GROSVENOR. There is nothing of that kind here.
The SPEAKER. Without objection, it will be again read. Mr. MAHON. It provides that the States shall have the frrht0 There was no objection. to organize. Each State has that right anyway, if it wants to The Clerk read as folJows: build a home for infirm people. And part of this money is to go And provided further. That no claim or obligation upon the United States out for that. for any appropriation of money for the support or endowment of said insti Mr. GROSVENOR. Not a dollar of it. tution shall ever be asserted against the United States; nor will the United l\Ir. States recognize any obligation growing out of thic; ad other than the duties MAHON. Why do you provide for it? Explain it to me. of supervision specifically provided for herein; and the corporation aforesaid Mr. GROSVENOR. Yes; I will. These outside organizations is hereby authorized tu receive donations ana gifts of endowment ·from be may send monumenti:i to be erected here in the grounds of this nevolent and charitable purposes and other sources. building; that is all. Every dollar of it is to be expended here. Mr. GROSVENOR. So it will be seen that without some fur Mr. CANNON. Right on that point- ther legislation, at least, there can be no possible claim asserted Mr. GROSVENOR. Will the gentleman allow me to finish my against the Government on this account. statement? This is a fund in the hands of the Treasurer of the United States Mr. CANNON. It is right along the line of that question. which can not be used for any other purpose. It is not taking Mr. GROSVENOR. The provision for the Attorney-General's money which is available for any other purpose at the present interference is to see to it that title to the property is secured. It time, or will be in the future, except by some act of legislation. is already owned by the association. He is also to see to it that Now, it is proposed to take this money which has actually ac the specifications, contracts, etc., for the building are in proper cumulated and apply it to the purpose contemplated by the bill. form. _ Yon will observe that the bill, while it represents a probably cer Mr. CANNON. Will the aged and infirm people in Illinois, tain amount, does not appropriate any money that does not actu who are cared for the same as the white people in IDinois, be ally belong to that fund, a fund which the Government of the eligible to this home in the District of Columbia? United States is holding, as it were, in trust, and to which it has Mr. GROSVENOR. If they came here to live I suppose they no title. would be. · Mr. CANNON. May I ask the gentleman whether or no this Mr. CANNON. But suppose they do not live here? specific fund that is appropriated here has not heretofore been ap Mr. GROSVENOR. Then I think they would not be; but I propriated for the aid of the National Soldiers' Home? wish to say to the gentleman from lliinois that in my opinion it 1270 CONGRESSIONAL RECORD-HOUSE. JANUARY 21, would be money saved, and that it would be a good investment Iin the States, sofa.r as that is concerned, and the parties to wl;),om for the Government, even though upon its terms an equal amount I it belonged, as well as the District of Columbfa. of money was taken out of the Treasury. I Mr. CANNON. That same equity would also apply to the un- This bill will provide homes, as the gentleman says-what is claimed money to the credit of white soldiers, and there are five actually needed-for the wants of people who become charges in- times-I expect ten times-as much unclaimed money to the directly upon the Treasury of the United States in the District of credit of white soldiers as there is of the colored soldiers, and a Columbia. bill can equally well come in to found a home for infirm people Mr. CANNON. Would the gentleman be willing, if it is not so of the United States, the white people as well as the colored peo gnarded, and I do not see that it is, to put a provision in this bill ple, at the expense of the Federal Treasury. The whole thing is a. making the beneficiaries citizens of the District a.lone. make-believe. Mr. GROSVENOR. Limiting it to them? Mr. GROSVENOR. Now, if the gentleman will allow me, I Mr. CANNON. Limiting it to them. want to make this suggestion in connection with his remarks: Mr. GROSVENOR. I think that is a fair reading of it. The burden or scope of this provision here is to take in all of the Mr. CANNON. I fail to get at it, and I have read it through. colored people from all the States, and it would make it absolutely There is in existence now an association known as the Home for worthless. It would be such a small amount of money for so great Aged and Infirm Colored People, incorporated, duly incorporated an enterprise that you might as well throw it away. Therefore, under and by virtue of the incorporation laws of the District of I favor an amendment to limit it. Columbia. Now I think we can incorporate-- Mr. CANNON. I would be glad if such a modification could Mr. WHITE. I can state to the gentleman that to the home be made, and, if it is made, I shall make no further objection. contemplated the aged and infirm colored people who setik admis- The SPEAKER. The time of the gentleman from Illinois has sion may properly be admitted from any pa.rt of the United States. expired. · - · Mr. HULL. That ought to be right. Mr. GROSVENOR. Mr. Speaker, !offer an amendment, which Mr. GROSVENOR. This simply employs the money that way. I send to the Clerk's desk. Mr. WHITE. It contemplates a home for aged and infirm col- The SPEAKER. An amendment can not be offered except by ored people. unanimous consent. Mr. CANNON. Then I take it the gentleman would not sub- Mr. GROSVENOR. I ask unanimous consent for the amend- mit to a limitation on his bill limiting it to citizens of the District ment to go to the end of the bill. of Columbia? The SPEAKER. The gentleman from Ohio asks unanimous Mr. GROSVENOR. I think that would be a proper provision. consent to modify the motion of the gentleman from North Caro Mr. CANNON. Now, the gentleman from North Carolina lina [.Mr. WHITE],so as to admit at the end of the bill the amend sta.tes that it would apply to the whole country. I can say in a ment which the Clerk will report. few minutes why I think that limitation ought to be placed on The Clerk read as follows: there. Provided, That no person shall be admitted to the benefits of said home Mr. GROSVENOR. The gentleman can have twenty_minutes who is not.at the date of the application a bona fide resident of the District if he wants it. of Columbia. Mr. CANNON. I want the attention of the gentleman from I The SPEAKER. Is there objection? North Carolina and the attention of th.e gentleman from Ohio. I Mr. GAINES. Mr. Speaker, I would like to ask a question. I think fairly that this Congress has the authority to appropriate do not know that I shall object. Will the gentleman from illinois money from the general Treasury-- tell me where this money. comes from, in what condition it is, and The SPEAKER. The Chair understood the gentleman from whether it is a public fund or a trust fund? Tennessee vielded of his time to the gentleman from Illinois. Mr. CANNON. Certain bounty and pay was due the soldiers Mr. RICHARDSON of Tennessee. I said I was willing to do it. in the Army. The soldiers are dead, their descendants are dead, How much time does the gentleman want? or the descendants of those who are entitled to claim it are dead, The SPEAKER. The Chair calls attention to that now, as the and it will never be paid. This is an effort to take the equivalent gentleman from North Carolina has but three minutes remaining. of that amount, so far as the colored soldiers are concerned, and The gentleman had made a statement, and the Chair wanted it ~a~e a home in the District of Columbia for aged, infirm, and distinctly understood. md1gent colored people. Mr. CANNON. Five minutes is sufficient. Mr. GAINES. Is it conclusively proven that the heirs of the This Congress is the common council for the District of Colum- deceased soldiers can not be ascertained? bia. It is perfectly legitimate that in the exercise of our power Mr. CANNON. There is nothing conclusive on this earth, but and function we should care for the people of the District of Col um- it is practically certain. bia; nobody else can care for them. Thus far we are right. My The SPEAKE~. Is there objection to the request of the gen- opinion is, we ought to give no grants from the Treasury for the tleman from Ohio? relief of poor pMplein the United States. In the State of Illinois, Mr. RICHARDSON of Tennessee. Before refusing consent, and, I apprehend, in every other State, we care for white and col- Mr. Speaker, and I do not know that I shall, I want to say a word. ored people alike, who are indigent, infirm, and poor, from grants It strikes me that the amendment offered by the gentleman from from the State or the county treasury. Now, any effort to take Ohio does not meet the objection made by the gentleman from money from the Federal Treasury and care for people of the Illinois. On page 4, section o, of the bill you will find it says: respective States, who are infu·m or poor, at the expense of the Provided, That all the States in these United States shall have the right to Federal Treasury, ought not to be entered upon, because it is organize one or more similar associations, and that such of the members of wholly foreign from our whole plan of government and is a per- said similar associations as this present association shall from time to time determine may become members of the a. ociation known a.s The Home for version of the money of the National Treasury to improper pur- Aged and Infirm Colored Persons of the United State by complying with the poses. I shall not antagonize this bill so far as it founds a home requirement" of the as ociation; and that any such similar association now for aged, indigent, or infirm colored people in the District of existing, or that may be formed hereafter, shall have the right, etc. Columbia, to apply to citizens of the District of Columbia alone; Mr. GROSVENOR. The gentleman does not read far enough. but when it goes beyond that we enter upon a line of expenditure That authorizes them to place memorials in the grounds. Thev that is wholly foreign from our function, and ought not to, and have no further right beyond that. - would not, receive the approval of our -respective constituen- Mr. RICHARDSON of Tennessee. In three other places it cies. - makes further provision for the colored people of the United States. Mr. MADDOX. Mr. Speaker-- .Mr. GROSVENOR. Only to place memorials and monuments. Mr. GROSVENOR. Will the gentleman in his time-- That is all. This institution had a charter and has a large and The SPEAKER. Does the gentleman yield to the gentleman valuable piece of real estate. It now proposes to take this money, from Georgia? $100,000 to be expended by the Attorney-General to build a build- Mr. CANNON. Certainly. ing, and the balance to be used as an endowment fund for the Mr. MADDOX. I want to ask the gentleman this question: support of the concern. The other provision is that the memorial As I understand, this fund is placed in the Treasury to the credit association of colored people in the various States may erect at of the colored people. Then it belongs to the people here and all their own expense memorials testifying to the gallantry, etc., of over the States? tbe soldiers. Mr. CANNON. It is appropriated on tpe theory that it belongs The SPEAKER. The question is, Is there objection to themodi- to nobody living, and, therefore, without injustice to the living or fication of the motion of the gentleman from Georgia by accept the representatives of the dead, that there is an equity in devoting ing the amendment offered by the gentleman from Ohio? it to this specific purpose. I would much prefer to let it remain Mr. WHEELER. I object, Mr. Speaker. in the Treasury through all time as uncalled for, and step up and Mr. RICHARDSON of Tennegsee. Now, Mr. Speaker, how appropriate the hundred or two hundred thousand dollars dil:ect, much time have I remaining? because that is what it amounts to. The SPEAKER. The gentleman has thirteen minutes remain- Mr. MADDOX. What I want to suggest is that the equity was ing. 1901. . CONGRESSIONAL RECORD-HOUSE. 1271
Mr. RICHARDSON of Tennessee. I only want to say that NAYS-59. with the general object and purpose of this bill I have some sym Adamson, Cochran, Mo. King, Richardson, Ala. pathy. It strikes me that an improper reference was ma.de of the Atwater, Cooney, Kitchin, Richardson, Tenn. Bell, Cowherd, Kleberg, Rucker, bill in the first place-to the Committee on Military Affairs. It Brantley, Davis, Lanham, Shackleford, seems to me that it should have gone to the Committee on the Breazeale, De Armond, Latimer, Sims, District of Columbia, or some other committee. I can not see how Brewer, De Gra:ffenreid, Lewis, Smith, Ky. Broussard, Dougherty, Little, Stallings, the Committee on Military Affairs has jurisdiction, but I will not Brundidge, Elliott, Lloyd, Sutherland, make any point of that now. It seems to me that the bill has not Burke, Tex. Finley, Loud, Talbert, been sufficiently considered and proper safeguards placed around Burleson .. Gordon, McLain, Tate, Cannon, Green, Pa. Maddox, Turner, it. I now yield to the gentleman from Illinois [Mr. CANNON]. Carmack, Grilli th. Moon, Underwood, ' Mr. CANNON. Mr. Speaker, I want to ask the gentleman from Clark, Henry, Tex. Quarles, Williams, Miss. Ohio rMr. GROSVEXOR], as it is within his power, to withdraw Clayton, Ala. Howard, Reeder Zenor. the bill and seek recognition of the Chair and pass the bill with Clayton, N. Y. Jones, Va. Rhea, Ky. the limitations to which the gentleman from Kentucky objected. ANSWERED "PRESENT"-7. Mr. GROSVENOR. · I have no objection to that; but I want it Allen, Ky. Fowler, N orton,S. C. Wheelel'.. understood that the bill has been defeated by the objection of the Boreing, Meyer, La. Phillips, gentleman from Kentucky. NOT VOTING-153. Mr. WHEELER rose. Acheson, Denny, McClellan, Showalter, Mr. CANNON. If the gentleman will withdraw the bill, as he Alexander, Dinsmore, McCulloch, Siblech, has a right to do- Allen, Miss. Doyene,r, McDermott, Slay en, Babcock, Driggs, McDowell, Small, Mr. GROSVENOR. I am afraid if I do that I can not get the Bailey, Kans. Emerson, Marsh, Smith, Iowa bill up again. · Bailey, Tex. Faris, May, Smith,H. C. Mr. WHEELER. Mr. Speaker~ I am not opposed to the bill. I Baker, Fitzgerald, Mass. Meekison, Smith, Samuel W. Ball. Fitzgerald, N. Y. Mercer, Spalding, objected to it as a friend of the colored people throughout the Barber, Fitzpatrick, Mesick, Sparkman, United States. I am unwilling to take the money belonging to Barney, Fox, Metcalf, Sperry, the co.ored people and give it to a coterie of people in the District Bartboldt, Gamble, Morrell, Spight, Bartlett, Gardner, N. J. Muller, Sprague, of Columbia. The bill is wrong in principle and ought never to Bellamy, Gat,e, Naphen, Stark, become a law. If it is going to become a law I want to be just Benton, Gil rt, Neville, Stewart, N. J. before I am generous. Bingham, Gillet, N. Y. Noonan, Stewart, N. Y. Boutelle, Me. Gillett, Mass. Norton, Ohio Stewart, Wis. Mr. GROSVENOR. If the gentleman will allow, the proper Bradley, Glynn, O'Grady, Stokes, way to reach your proposition is to take a vote on the amendment. Brick, Grif.gs, Parker, N. J. Sulloway, Mr. WHEELER. No; lhavetheclubinmyhands,andas long Bull, Hal, Payne, Sulzer, Burleigh, Hamilton, Pearson, Swanson, as I have it I am going to hold it. · Burnett, Hemenway, Pierce, Tenn. Tawney, Mr. CANNON. Now, then, as I have a moment of time, as Bm·ton, Henry, Miss. Polk, Taylor,Ala. I understand, if this bill passes, it creates a home for in.firm Calderhead, Hoffecker, Powers, Terry, colored people, and the gentleman from Kentucky will not con Cam~bell, Jenkins, Pugh, Thayer, Cate ings, Kerr.Ohio Ransdell, Tompkins, sent to an amendment to confine it to the citizens of the District Chanler, Ketcham, Rhea, Va. Tongue, of Columbia. He insists upon the amendment being kept out be Connell, Lane, Ridgely, Underhill, cause he favors the relief at the Federal Treasury of all the indi Coo~r, Tex. Lassiter, Riordan, Vandiver, C;:>r. s, Lentz, Rixey, Wanger, gent colored citizens in the United States. Cox, Lester, Robertson, La. Waters, Mr. WHEELER. The gentleman from Illinois entirely misun Crump, Levy, Robinson, Nebr. Watson, derstands me. "The gentleman from Kentucky" said that the bill Cummings, Linney, Ruppert, Weeks, Cusack, Littauer, Russell, Wilson, Idaho was wrong in principle, but that if it was to pass the House it Cushman, Livingston, Ryan,N. Y. Wilson, S. C. should be a just measure, extending its generosity to all the col Dahle, Lorimer, Ryan, Pa. Wri~ht, ored people throughout the country, since you are using a fund Davenport, S. W. Lovering, Scudder, Zieg er. Davey, McAleer, Shattuc, belonging to them. Davidson, McCall, Shelden, Mr. CANNON. Oh, well, the truth of the matter is that it does Dayton, McCleary, Sherman, not belong to anybody. Mr. WHEELER. Then leave it where it is. So (two-thirds voting in favor thereof) the motion to suspend Mr. GROSVENOR. I will withdraw the amendment, and ask the rules and pass the bill was agreed to. a vote on the passage of the bill. The following pairs were announced: The SPEAKER. The question is on the motion to suspend the Until further notice: rules and pass the bill with the amendment reported by the Clerk Mr. TAWNEY with Mr. BAILEY of Texas. when the bill was read. Mr. LA.NE with Mr. GRIGGS. 1\Ir. GROSVENOR. On that motion I ask the yeas and nays. Mr. PUGH with Mr. ALLEN of Kentucky. The yeas and nays were ordered. Mr. BAILEY of Kansas with Mr. MCALEER. The question was taken; and there were-yeas 135, nays 59, an Mr. STEW A.RT of Wisconsin with Mr.NORTON of South Carolina. swered "present" 7, not voting 153; as follows: Mr. PHILLIPS with Mr. McDOWELL. Mr. MARSH with Mr. NEVILLE. YEAS-135. · Mr. DovENER with Mr. NA.PREN. Adams, Fletcher, Kerr, Md. Reeves, Mr. PACKER with Mr. POLK. Aldrich, Fordney, Kluttz, Robb, Mr. WRIGHT with Mr. IIALL. Allen, Me. Foss, Knox, Roberts, Bankhead, Foster, Lacey, Robinson, Ind. Mr. BOREING with·Mr. GILBERT. Barham, Freer, Lamb, Rodenberg, Mr. FARIS of Indiana with Mr. SULZER. • Berry, Gaines, Landis, Salmon, Mr. DAYTON with Mr. MEYER of Louisiana: Bishop Gardner, Mich. Lawrence, Sbafroth, Boutell, Ill. Gaston, Littlefield, Shaw, Mr. FOWLER with Mr. BARTLETT. Bowersock, Gibson, Long, Sheppard, Mr. KETCHAM with Mr. MULLER. Brenner, Gill, Loudenslager, Smith, ill. Mr. CRUMP with Mr. Cmr:rirnms. Bromwell, Graff, Lybrand, Smith, Wm.Alden Brosius, Graham, McRae, Snodgrass, Mr. ACHESON with Mr. WILSON of South Carolina. Brown, Greene, Mass. Mahon, Southard, Mr. LIN~"'EY with Mr. BELLAMY. Brownlow, Grosvenor, Mann, Steele, Mr. BURTON with Mr. BALL. Burke, S. Dak. Grout, Miers, Ind. Stephens, Tex. Burkett, Grow, Miller, Stevens, Minn. Mr. TOMPKINS with Mr. DINSMORE. Butler Haugen, Minor Tayler, Ohio Mr. MERCER with Mr. RHEA. of Virginia. Caldwell, Hawley, Mond~ll. Thomas, Iowa Mr. GAMBLE with Mr. CAMPBELL. Capron, Hay, :Moody, Mass. Thomas, N. C. Cochrane, N. Y. Heatwole, Moody,Oreg. Thropp, Mr. WATSON with Mr. NOONAN. Conner, Hedge, Morgan, Van Voorhis, Mr. STEWART of New Jersey with Mr. LASSITER. Cooper, Wis. Henry, Conn. Morris, Vreeland, Mr. RAY of New York with Mr. TERRY. Cousins, Hepburn, Mudu, Wachter, Mr. RUSSELL with Mr. McCLELLAN. Cromer, Hill, Needham, Wadsworth, Crowley, Hitt, Newlands, Warner, Mr. METCALF with Mr. WHEELER. Crumpacker, Hopkins, Olmsted, Weaver, Mr. FREER with Mr. PIERCE of Tennessee, Curtis, Howell, Otey, War.mouth, Dalzell, Hull, Otjen, White, Mr. SHERMAN with Mr. DRIGGS. Davenport, S. A. Jack, Overstreet, Williams, J. R. For this day: Dick, Jett, Packer, Pa. Williams, W.E. Mr. BURLEIGH with Mr. SCUDDER, Driscoll, Johnston, Pearce, Mo. Wilson, N. Y. Mr. SHOWALTER with Mr. SPIGHT .. Eddy, Jones, Wash. Pearre, Woods, Esch, Joy, Prince Young. Mr. BULL with Mr. CHANLER. Fleming, Kahn, Ray,N.Y. Mr. HAMILTON with Mr. McDERMOTT. 1272 CONGRESSIONAL RECORD-HOUSE. JANUARY 21,
Mr. JENKINS with Mr. STANLEY W; DAVENPORT, ment has therefore urged the adoption of a bill providing for the Mr. BARTHOLDT with Mr. GLYNN. adjudication of the claims by a separat;e judicial tribunal. In the Mr. DAHLE with Mr. SPARKMAN. first instance it was suggested that a suit might be brought in the Mr. McCLEARY with Mr. RYAN of Pennsylvania. circuit courts of the United States, but objection was made and Mr. ALEXANDER with Mr. ALLEN of Mississippi. we amended the bill by providing that parties having an alleged Mr. SULLOWAY with Mr. FITZGERALD of Massachusetts. claim may go into the Court of Claims and present their proofs to Mr. EMERSON with Mr. ROBINSON of Nebraska. that tribunal. Mr. 0 GRADY with Mr. STARK. There, of course, no final judgm9nt is pronounced. We make Mr. KERR of Ohio with Mr. RYAN of New York. applicable to the consideration of the case all the provisions of Mr. PARKER of New Jersey with Mr. THAYER. law applicable to that court. That court makes a finding of facts Mr. WEEKS with Mr. RIORDAN. on the evidence presented, which finding is reported to Congress, Mr. LORIMER with Mr. MAY. and then the Congress of the United States may, if it sees proper, Mr. COCHRANE of New York with Mr. SLAYDEN. and recognizes the justice of the claim, pay it by making the Mr. GARDNER of New Jersey with Mr. FITZGERALD of New necessary appropriation, the same as they now do in cases where York. our citizens are the plaintiffs in that court. Mr. LITTAUER with Mr. RUPPERT. The bill simply provides that these parties may go in to the Court Mr. MORRELL with Mr. DA VEY. of Claims and present the proof of their claim instead of going to Mr. DAVIDSON with Mr. DENNY. the State Departmentandtakingtheproofs there by affidavit, using Mr. HEMENWAY with Mr.13TOKES. a mode which is very embarrassing to that Department, com Mr. CusIDIAN with Mr. HENRY of Mississippi. pelling them to assume obligations and duties that they ought Mr. HENRY C. SMITH with Mr. Fox. not to be compelled to assume and spend time in doing a great .Mr. SAMUEL w. SMITH with Mr. CUSACK. deal that they ought not to be compelled to do in connection with Mr. MESICK with Mr. ROBERTSON of Louisiana. the consideration of such matters. Mr. BABCOCK with Mr. BARBER. But I desire to yield five minutes to the gentleman from Illinois Mr. CORLISS with ~Ir. Cox. [Mr. HITT], who introduced the bill and who knows better than Mr. BINGHAM with Mr. RIXEY. I do the views of the Department in reference to it. I may say, Mr. SHELDEN with Mr. LEVY. however, that this bill meets the hearty approval, not only of the Mr. BRICK with Mr. BURNETT. State Department, but of the Attorney-General, and it is a proposi Mr. CALDERHEAD with Mr. CATCHINGS. tion, I may add, which will save money to the Treasury of the Mr. PAYNE with Mr. RANSDELL. United States and facilitate the consideration of matters of this Mr. POWERS with Mr. LIVINGSTON. kind. Mr. SHATTUC with Mr. NORTON of Ohio. Mr. GAINES. I would like to ask the gentleman a question, Mr. SPALDING with Mr. SWANSON. with his consent. Mr. SPRAGUE with Mr. UNDERHILL. Mr. RA.Y of New York. Certainly. Mr. TONGUE with Mr. ZIEGLER. Mr. GAINES. This bill does not come from the J ndiciary Com· Mr. WANGER. Mr. Speaker,Ianswered"present"underthe mittee, does it? impression that my pair with an absent member was still continu Mr. RAY of New York. Yes; it is from that committee. ing. I find that the pair has been transferred, and ask leave to vote. Mr. GAINES. How does the committee stand upon it? The SPEAKER. The gentleman has that right under the rule. Mr. RAY of New York. Well, Mr. DE ARMOND of Missouri Mr. W ANGER'S name was called and recorded as above. and one or two other gentlemen objected to the passage of the bill Mr. RAY of New York. Mr. Speaker, I notice that I am an on the ground that we ought not to let any foreigners into our nounced as being paired with the gentleman from Arkansas [Mr. courts, but we provide, I will say, by amendment to the bill, that TERRY]. My pair extended only to tho 16th of this month; but the provisions of this act shall apply only to the citizens or subjects I notice that the gentleman from Arkansas has not returned, and of those foreign states or countries according similar privileges I will withdraw my vote and ask to be marked "present." or rights to the citizens of this country. It is simply a reciprocal The SPEAKER. That will be done. provision where the same privileges are accorded to us. On this question the yeas are 136, the nays are 59, answering Mr. GAINES. Is there a minority report? "present" 6. The motion having received a two-thirds majority, Mr. RAY of New York. Yes; I have stated that there was a the Chair declares the same carried and the bill passed. division in the COII!mittee. And further, I may add Mr. Chair· Mr. WHITE. I move to reconsider-- man, we provide that no such suit shall be brought after the ex The SPE.AKER. That is not necessary under a two-thirds vote. piration of one year from the accruing of such claim or cause of CLAIM OF FOREIGN CITIZENS OR SUBJECTS. action; and that it shall be a defense to such suit to show that the plaintiff has made his domicile in the United States for more than J l!ilr. RAY of New York. Mr. Speaker, I move to suspend the a year, continuously, prior to the accruing of such claim o? cause rules and pass the bill (H. R. 5069) relating to claims against the of action. United States for indemnity by subjects or citizens of a foreign Mr. HITT. Mr. Speaker, this bill was suggested and in part state as amended by the committee. prepared by the Secretary of State under the last Administration, The SPEAKER. The bill will be read. Mr. Olney, but it was only carrying out the propositions of Mr. The bill was read, as follows: Evarts long ago and of Mr. Bayard after him. Be it enacted, etc., That any subject or citizen of a.foreign sta.te claiming of the Unitf\d States, under a treaty or upon theprinciplesofinterna.tionalla.w, Claims by foreigners in this country for injury to person and indemnity for injury to per on or property may bring suit upon such claim property will necessarily arise from time to time, and there is no in the Court of Claims. ::;ucb sections and provisions of chapter 359 of the provision in our system for redress by ordinary judicial procedure. acts of 1 7 as are applicable to the Court of Claims shall apply to and govern the initiation of such suits and ail subsequent proceedings therein: Provided, No court is open to them. Therefore they go through their own That the provisions
The interests of nations are so great and the losses or advantages not the gentleman think the American people can safely trust' that we may sustain in our general relations with foreign coun American courts in cases of claims by aliens, especially when ap tries are such that w~ must consider every question so presented. peal is given from the court of first instance? Hence, when the British ambassador or the French ambassador Mr. RAY of New York. I thought that myself, but there was or any other presents a case, the State Department must consider a strong opposition in the committee, on your own side, to giving it. They must investigate it. It is costly, it is uncertain, the foreigners the right to sue in our courts and have final judgment scene is generally distant, there are no proper instruments of in rendered in a court in their favor. Therefore we yielded to the vestigation, such as the wisdom of mankind has determined to be objection and provided that these matters shall {{Oto the Court of the best, namely. a judicial inquiry, and this House is the final Claims, where the evidence can betaken in ajudicial way, to have resort when the State Department, having collected such infor the facts ascertained and reported to Congress. and then the Con mation as it can, sends the proof or the general facts here, with gress of the United States can vote the money or refuse it, as it the recommendation that we act. deems best. It is a safe way of getting at such matters for the They find out the facts as they can, but they have no judicial Government, and gets at the truth of the matter far better than means of inquiring with accuracy, such as every lawyer is familiar it can now be done-gets the truth in a judicial way, in one of with. They do the best they can, and the Committee on Foreign its own courts, instead of haphazard, piecemeal, or by affidavits, Affairs bas, I know, for more than fifteen years, been burdened and in a way where fraud is practiced or may be practiced. and perplexed almost every year with a large number of these Mr. CANNON. May I ask the gentleman? There are certain claims. In spite of every effort to have only justice done and to claims under the late treaty with Spain for which the United adjudge what is fair, I myself know that in many cases we have State is liable, as I recollect it, amounting probably as claimed to· been constrained to pay to survivors or to injured people, more many multiplied millions of dollars going to various citizens. than they ever dreamed of possessing in this world. It was nec Mr. RAY of New York. We provided for those in another bill. essary to act to prevent or allay irritations between nations, and They are not within the provisions of thia bill. avoid continuing or awakening grave questions that would or Mr. UANNON. ;, Of any subject or citizen, claimant of the might prejudice our interests. United States, under the treaty"-is not that broad enough to Now, this method that we ask to have adopted here for foreign cover everything? ers among us, and that so many Secretaries of State have asked Mr. RAY of New York. Suppose it is broad enough and com for, is to-day extended to our citizens by almost all the great prehensive enough to cover everything, is there any objection to powers and most of the smaller powers of the world. There is a letting a claim be adjudicated in the Court of Claims and come to tribunal now open to any American citizen who wishes to make Congress? application, for injury to himself or his property by that Govern Mr. CANNON. If it is broad enough to cover a hundred mil4 ment, in Prussia, in Hanover, in Bavaria, in Switzerland, in the lion.dollars in claims, I would say there is objection to passing it Netherlands, in the Hanseatic Provinces, in the free city of Ham in forty minutes' debate under a motion to suspend the rules. burg, in France, in Spain, in Belgium, in England! in Italy, and Mr. RAY of New York. The whole matter was up here, and many more which I will not recite. it is provided for in another bill, in which this Honse voted and In the decision of Judge Knott on a case involving this subject instructed the Committee on Claims to report a bill sending these matter he says that almost all the powers of the world have granted matters to the Court of Claims. that which we alone deny-a court open to a foreigner to show l\Ir. CANNON. Has that been done? his claim for injury. Mr. RAY of New York. I understand they have reported such We can deny the right to go into a court, but we can not deny a measure covering Spanish war claims. them the chance or the opportunity for redress, for they get it by Mr. HAUGEN. I would say that the bill is before the com this roundabout method, this uncertain, unsatisfactory diplomatic mittee, but bas not been acted upon. These were instructions and to us very expensive route, and in the end it comes here after that we do not think can be done. all, for Congress has to vote the money. Mr. DALZELL. The Court of Claims bas no time. . Mr. WILLIAMS of Mississippi rose. Mr. SHAFROTH. I would like to ask the gentleman a ques- Mr. IDTT. I hope the gentleman will let me finish. I have but tion. five minutes. We here propose that these claims shall be investi Mr. RAY of New York. I do not want to use all my time. gated by a court in the method you are all familiar with, which, The SPEAKER. The gentleman from Tennessee is recognized. yon know, is the best way yet found to get at facts, as determined Mr. RICHARDSON of Tennessee. Mr. Speaker, this bill was by the experience of mankind. Then the cam will have to come reported by the Judiciary Committee. As I was informed, some here to have the recommendation of the court paid by Congress. membersoftheminorityhavesubmitted theviewsoftheminority. In addition to that there is provision for an appeal. Now, I now yield to the gentleman from Missouri fMr. DE ARMOND] we have sometimes to dispose of these claims, the amounts of twenty minutes, or allow him to control the twenty minutes. which run up into the millions, by sending them to special com Mr. DE ARMOND. Mr. Speaker, some of the members of the missions, which ar13 very costly and very troublesome, and from Judiciary Committee could not concur in the conclusions of the the findings of which there is no appeal. Why, at this moment majority, and think that the pending measure ought not to pass. there is a bill pending, which was presented to me to-day, to re It is a very radical and far-reaching me!lsure. It is a measure to pay money and redress wrongs committed by us upon the Govern give to citizens and subjects of other countries rights and privi ment of Mexico, brought about by findings on fraudulent claims, leges in our courts whlch our own citizens do not enjoy, and owing to these uncertain methods of ascertaining the justice of which these foreigners have not had in all the history of this claims, amounting to many hundreds of thousands of dollan1, country, to this hour. the notorious Weil and La A.bra claims. I am aware that an occasional demand is made by a foreign sov Now, here is proposed a simple method of redress, by which no ereignty in behalf of some citizen or citizens of that country for wrong will be done to anybody, so far as wrong can be prevented indemnity on account of alleged injury to person or property in by the best methods that men have yet devised to arrive at justice. this country, and I have no doubt that occasionally the State De It does not allow anyone to go into the Court of Claims except the partment is put to inconvenience and troub1e in dealing with the subject or citizen of a government that opens its courts to our matter. When that is stated all is said that has been said or citizens. It limits the presentation of a claim to two years, and can be said in support of this bill. guards against abuse in every possible way. It is found upon consideration of these individual cases that rHere the hammer fell.] .... _ most of them arise with respect to laborers brought from foreign Mr. RAY of New York. Mr. Speaker, I reserve the balance of countries under the contract-labor system, and brought neces my time. sarily into conflict with the interests of our own laborers here, The SPEAKER. The gentleman from Tennessee [Mr. RICH citizens and subjects of our own country. As is instanced in the ARDSON] is recognized. views of the minority, which I shall ask to have append~d to my Mr. WILLIAMS of Mississippi. Before the gentleman sits remarks and made part of them, under this bill you can have down, I would like to ask the chairman a question. In most of the brothers born in a foreign country come to this country at the cases quoted by the gentleman from Illinois, where American same time. One of them may renounce allegiance to the foreign citizens are given judicial redress in foreign countries, there is sovereignty and become a citizen and subject, by IJaturalization, final adjudication made by the court. Why not have it so in this of the United States, and the other retain his foreign allegiance. case? What is the use of confining the courts to a mere finding You could have the two, in person or in property, suffer to the of facts and bringing that finding back here? same extent, under the same circmnstances, by the same agencies, .Mr. RAY of New York. Because that is the jurisdiction we at the same time, and this bill would authorize the one to main have confeITed on the Court of Claims, and it keeps it all the time tain a suit against the United States in the Court of Claims-the in the power of Congress to review. After the evidence is taken one who remains a foreigner; and the other, who, by naturaliza and report made to the House with the findings of the court, then tion, had become a citiZen of this country, would be remediless. Congress has it in its power to review the matter, and if it thinks That shows the scope and effect of this proposed legislation. the claim ought not to be paid it may refuse payment. Then there is a reciprocity feature in it which, to my mind, is Mr. WILLIAMS of Mississippi. In response to that, does very objectionable. The citizen or subject of any country which 1274 CONGRESSIONAL RECORD-HOUSE. JANU.A:RY 21,
allows one of our citizens or subjects the right in courts of that w.e believe that it is n~ither .neces:;ary nor desirable to give to foreigners, country to maintain a suit for damages can here maintain a suit hol!lmg themselves subJect to foreign governments, the right to sue the Umted States whenever, and for almost whatever, they ma.y please. If this against our Government, if this bill becomes a law. That is bill become a. law the citizen or subject of a. forei&n nation, whether domi simply an invitation to any and all the nations, great and small, to ciled in the United States or living a.broad, may brmg suit against our Gov exchange with us the opportunity for engaging in suits against ernment whenever he considers that a right of recovery has accrued to him, the respecti\e sovereignties. :·under a. treaty or ~cc~rding t<:> the pr~c~ples of international law," provid ~~ only that he claim mdemmty "for InJUry to person or property." "The These cases are not to be tried by a jury. The jury system, so l~Jury may occur anywhere or by any means whatsoever-the right to sue ie near and dear to our people, so ingrained into, so ingrafted upon given-and not the laws of our own country, not even a treaty exclusively, but so vague a thin$' as the "principles of international la.w" shall determine our institutions, is to be dispensed with in these particular cases. the rights of the alien against this sove1·eign Republic. It makes no difference where the- cause of action accrues. It It is true that the committee recommend that the right to sue the United makes no difference how distant from the city of Washington, States, not given to a citizen or subject of a. foreign country in more than a where the Court of Claims sits, the alleged injury may be suffered. hundre~ !'ears of our n?-tional life, shall J:>e give"? under this proposed act only to the citizens and subJects of such foretgn nations a.A shall accord to our citi Here in the city of Washington, the matter being investigated in zens the like right of action against their governments. That is, whenever the the Court of Claims, at the institution of a foreign citizen, wit weakest and most degraded government upon the earth shall provide that nesses may be brought from afar or depositions may be taken in Ame~ican citizens ma.y_ sue it, then a.ny of its citize~s or ~ubjects shall have the right to sue the Umted States. The amendment is a.n mv1tation to grant distant parts of the nation or world. Prosecutions against the and exchange the right to sue, with no consideration of how much we may Government of the United States may be maintained successfully give or how little we may get in a given case. Are we so eager to enable those here, far from the scene of the transactions which give rise to who owe allegiance to any other government, no matter how mean, to sue the United States, that we blandly invite all the 'vorld to swap with us the them, while, maybe, where these transactions are well known, opportunity to obtain judgments? The people of Haiti or those of Santo Do among the people of the vicinage, no action could be sustained, mingo ca.n sue us freely, if only they will kindly consent to give our people because of lack of merit in the claim. the opportunity to get worthless judgments against the worthless govern ments with which they are cursed. The invitation of the act, as the commit It is a general invitation to the jobbers and speculators in claims, tee would have it, is universal in its reach-not a nation in the world is left the horde and army of claim attorneys or claim agents, to rake out of this scheme of reciprocity in suing a.nd being sued. and scrape the scruff and scum of foreign population in this coun The principal argument in support of the measure is that foreigners know nothing about our internal affairs and can not comprehend our valued insti try (not here for the purpose of becoming a part of our citizen tution of local self-government by means of the State organizations, and a.re ship, to which they would be no credit if they should join it, but dissatisfied when told that the authorities of whose action, or failure to act, in commercial and industrial warfare with our own citizens)-to they complain are operating under Stare laws and not under Federal laws. rake and scrape through them and get speculative suits to bring It ought to be enough to say, in answer to this suggestion, that we are too well satisfied with our own institutions to think of changing them in any against the United States. In my judgment, the result of the manner whatever for the easier or better understanding of the subjects or enactment of such a measure into law would be to multiply representatives of any foreign "king, prince, or potentate." twenty-fold the number of claims against the Government and It is further urged that when the subjects of some foreign State happen to be hanged by decree of the court presided over by "Judge Lynch," and in· swell to huge proportions the amount demanded in the aggregate. demnity is demanded for the lives sacrificed, it is difficult for the State De If any case arises (and cases may arise from time to time) partment to adjust the matter satisfactorily a.nd upon a reasonable basis. when it shall seem to Congress that the best method of procedure It was said that it would be so much better to permit the claimant to sue the United States a.nd have the decision of a jury to determine whether anything is by trial in court, it will be a simple matter to pass a special should be given as indemnity, and if so, how much. But the committee pro law for a special case. Such a law will be sufficient for that pose to a.mend the bill so a.s to dispense with the jury a.nd take, instead of its case, and the case being disposed of. the law itself will pass out of verdict, thejudgment of the Court of Claims. If this bill shall become a law, the citizen or subject of any foreign State existence, to be followed by another law like it if there be another which shall give our people the right to bring suit against it will possess rights occasion for one. and remedies against the United States not possessed by a.ny citizen of this The mere circumstance that gentlemen in the State Department Republic, whether native or forei~n born. For instance, two brothers born a.broad, the subjects of some foreign nation, one of whom ha.d been natural would like to be rid of this business, the mere circumstance that ized and through naturalization had become a.n American citizen a.nd subject, in the namby-pamby negotiations that frequently take place be might suffer equally, at the same time and by the same means, and the one tween the representatives of one government and the representa who continues to recognize Queen Victoria or the Sultan of Turkey as his tives of another, in the exchange of civilities, in the refinements of sovereign might sue the United States and obtain a. redress of his grievances, while the unfortunate brother who ha.d ca.st off allegiance to the same sover politeness (so refined that the politeness is refined out), there eign and become a citizen of the United Sta.tea would be remediless. Surely may be difficulties and complications; but none of these things, legislation which will give to aliens rights a.nd privileges denied our own citi nor all of these things combined, afford a sufficient reason for the zens can not be wholesome legislation. Whenever a case shall a.rise for the proper settlement of which an adjudi enactment of this law. cation in court shall be deemed necessary or desirable, it may be~provided for Our traditions and our course of more than one hundred years by a special act, to begin and end with the exigency which shall call it into all iend against it. We have managed to get along, and to get beft1~ submitted that an alien ought not to have any rights in this country along without any very great hardship, on this score. Some such which are denied to our own citizens. Most of the troubles with the like of cases arose at New Orleans when some Italians were lynched, and which this bill is meant to deal have a.risen in the cases of contract la.borers, some arose over some violence of the same kind in the far West. brought to our shores in violation of law a.nd of the rights of our American citizen laborers, native and forei~. Most of these contract laborers have no They may arise anywhere. If an American citizen be lynched, notion of becoming American citizens, and many would not be desirable addi this bill provides no redress, however heinous the offense may be. tions to our citizenship. Instead of according to them rights a.nd privileges But when a worthless scoundrel who has outraged public decency not given to the American citizen, would it not be wiser a.nd better to deal with their cases as they may a.rise, dealing with each in the light of its own and violated the law to the extent that aroused public sentiment facts and surroundings? rushes him on to speedy punishment, outside and over the law, Then, is there not something of national humilation in subjecting our Gov then under this law there would be means provided for coercing ernment to being sued at the whim and will of every Tom, Dick, and Harry the United States, the powerful sovereignty of this great nation, in the world, outside American citizenship, of course? And who can foresee how many suits would be brought, or to what extent promoters of litigation into meeting in court, without a jury, the speculative representa might prosper, or how officers might find a new field for increase, or how the tives of "the departed," and of exacting from the Government expenses of the judicial establishment might grow? two or five or ten thousand dollari:; for a creature who probably So long as we continue to give to the citizens and subjects of foreign nations, when domiciled in this country or temporarily sojourning here, the same never was worth five cents dead or alive. [Laughter.] general protection of our laws which our own people enjoy we can well a.fforn Most of the cases for which this bill is designed to provide arise to wait for special cases arising now and then to sug~est the proper special in the several States of the Union. In every State, I think, the treatment for each. according to its own nature a.nd circumstances. DAVID A. DE ARMOND. citizen and the alien are equally within the protection of the State W. L. TERRY. law. Then why discriminate by Federal legislation against the D. H. SMITH. · citizen and in favor of the alien? About the only answer made is S. W. T. LANHAM. that foreigners do not comprehend our system of government. Mr. RAY of New. York. I yield to the gentleman from Penn State lines and State jurisdiction have no parallel in their lands. sylvania [Mr. ADAMsl. What of argument or of persuasion can there be in the suggestion Mr. AD.A.MS. :Mr. Speaker, I think the gentleman from Missouri that this bill ought to be passed because State jurisdiction in [Mr. DE ARMOND] is needlessly alarmed over the provisions of this local affairs is novel and not altogether satisfactory to the for bill and over the bestowal of rights on foreigners to sue in the eigners? Federal courts, which right, he claims, is not enjoyed by the citizens I submit that what is proposed would be dangerous legislation, of our own country. While our Government should be jealous in and that no necessity exists for it. Harm rather than good would preserving the rights of the citizens within its borders, it has also come out of it. The promised good is delusive and rests upon the function to protect the lives and property of its citizens resid- false premises. The evil to be apprehended, it seems to me, is ap ing temporarily or permanently in foreign countries. Congress parent, and the objections well founded. I ask to append as a by this act will not forego its supervision of this matter. By part of my rem_arks the views of the minority. giving jurisdiction to the Court of Claims they simply authorize VIEWS OF THE MINORITY. that court to report upon the facts and justice of the case, and its The undersig'Iled members of the Committee on the Judiciary, to which was judgment will be subject to the revision of Congress. But the referred the bill (H. R. 5069) entitled "A bill relating to claims against the great advantage of this procedure will be the saving of time to United States by subjects or citizens of a. foreign State," are not able to the Department of Stata in the consideration of such minor mat a~ee with the majority in reporting the bill with a favorable recommenda tion, a.nd deem the matter of enough importance to warrant them in sub ters, and of the time of Congress in undertaking to investigate mitting a brief statement of the views of the minority. many questions of such small character, but of equal justice, to 1901. GONGRESSION .AL RECORD-HOUSE. 1275 the detriment and delay of legislation on public matters of great pressing necesSity for the passage of this bill. This bill is hedged importance. with the security that this privilege is only to be extended to the The position of the United States in this regard is somewhat citizens of those countries which grant the same privileges to us; anomalous. We have contracted treaties with other powers guar and if we wish to maintain our standing among nations we should anteeing the citizens thereof residing in our country .protection conform to international law, and not remajn without its pale on for their persons and property. We hold these powers strictly so essential a question as the enforcement of the obligations we responsible for the obligations thus incurred, and are now pressing have voluntarily incurred in the form of that most solemn com Turkey for indemnity for property destroyed, and will hold China pact-a treaty between two sovereign states. to a strict accountability for the massacre of our citizens and the Mr. Spea)rer, I have endeavored to set forth some of the reasons destruction of their property. which make the passage of some measure to meet these require But, Mr. Speaker, when foreign countries demand the same ments absolutely imperative. privileges and indemnity for their citizens residing in the United Mr. DE ARMOND. I yield five minutes to thegentlemanfrom States our General Government is obliged tu reply that, owing to Pennsylvania fMr. MAHON]. the constitutional form of our Government, it has no control over Mr. MAHON. Mr. Speaker, I think this is the most remarkable the police regulations or courts of the several States composing bill ever brought into this House. I caution the House against the Union, and that it is powerless to refer these citizens to the passing the bill without due consideration. Many men on this Federal courts to seek redress or to grant them indemnity. The floor know all about the courts of foreign countlies and their Government has pressed upon Congress from time to time the methods of procedure. They have no courts like those we have in anomalous position which the Government occupies owing to this this country. inability to fulfill its treaty obligations voluntarily imposed upon Mr. Speaker, why should we leave the well-beaten paths of one . itself and the higher claim of international law which stands para hundred or more years? Why should we disregard all the experi mount among civilized nations. ence and all the precedents of the past? We have our great State In 1891 President Harrison, in his annual message to Congress, Department. Almost every Government on earth has its repre referring to the lynching of Italians at New Orleans, said: sentatives here. Let these troubles between the people of foreign Some suggestions growing out of this unhappy incident are worthy of countries and our Government be adjudicated bymen who repre the attention of Congress. It would, I believe, be entirely competent for sent the respective governments, and then let them be brought to Congress to make offenses against the treaty rights of foreigners do::niciled Congress for final settlement. in the United States cognizable in the Federal courts. Pass thai bill and you will need, not one. Court of Claims, but a President McKinley, in his annual message in December, 1899, dozen. Speaking from my experience since I have been a member said: of this House, I desire to say that there are enough schemes con I renew the urgent recommendations I ma.de last year that the Congress cocted by lawyers of this city to crowd the dockets of our courts appropriately confer upon the Federal courts jurisdiction in this class of in if we had a court in almost every public building of the city. ternational cases where the ultimate responsibility of the Federal Govern ment may be involved, and I invite action upon the bills to accomplish this Why should we pass this bill? Why should we give a subject which were introduced in the Senate and House. It is incumbent upon us to of Turkey the right to go into the Court of Claims and bring suit? remedy the statutory omission which has led and may again lead to such un If he has a claim against this Government, he has his representa toward results. I have pointed out the necessit}" and the precedent for leg islation of this character. Its enactment is a SlID!lle measure of previsory tive here, who can get a fair hearing before the State Department, justice toward the nations with which we, as a. sovereign equal, make treaties and by that Department his claim can be presented to Con requiring reciprocal observance. gress The Government of the United States enforces liability against I do not propose to go into questions of details. This bill, even foreign authorities for denials of justice involving culpability of if passed, will be impracticable. -You can not try such a case be local authorities, irrespective of the fact whether these denials fore the Court of Claims under this bill as it is drawn. It would are by national, state, municipal, or local tribunals or authori take a much longer and more elaborate measure to provide for ties. Yet, while we assert this liability in accordance with inter hearing cases of this kind coming from a foreign country. This national law, we refuse to recognize it ourselves. That this posi bill is not properly drawn to accomplish its purpose, even if that· tion is untenable has already been decided by the arbitrators to purpose were desirable. I submit that a bill of this kind should whom was referred the Oberlander case between the United certainly not be passed under a suspension of the rules. It ought States and Mexico. The facts of the case were clearly in our to be thoroughly discussed and looked into in every aspect of the favor, but the arbitrators decided against us, largely on the case. I hope this motion t-0 suspend the rules and pass the bill ground of our refusal to recognize the liability which, mutatis will not be adopted. mutandis, we uniformly asserted. Mr. DE ARMOND. I yield the remainder of my time to the President Cleveland in 1886, replying to the claim presented by gentleman from Mississippi [Mr. WILLIAMS]. the legation of China, refused to accept diplomatic intervention, The SPEAKER. The gentleman has ten minutes remaining. although he admitted that scandalous occurrences had taken place. Mr. WILLIAMS of Mississippi. I oppose this bill because I He declared that the United States Government was not under think it does not go far enough. I think that it is only right and obligations to pay an indemnity for the losses caused by these just that the Government should give an opportunity to every crimes, thus disregarding the claim of the Chinese legation. body to obtain redress, whether it is to a citiz-en or anyone else, in Owing to this position the arbitrators decided against the United our courts, for injury or indemnity urged by the person making States, for the reason I have already stated. The present position the claim. Common just1ce demands that. Any self-respecting of our Government is a very unsatisfactory one. Claims for re government ought to do that. dress presented by foreign nations are considered by the State I do not think, therefore, the argument made by the gentleman Department. If decided favorably, Congress is asked to appro from Missouri [Mr. DE ARMOND] is altogether sound. I do think priate such an amount as indemnity as will be satisfactory to the he was exactly right, however, in saying that foreigners ought country concerned, and this is purely ex gratia, and not in accord not to be given rights in our courts which are denied to our own ance with our treaty obligations or in recognition of the force of citizens. But I think the conclusion to be drawn is that our own international law. The present state of our laws on this subject citizens ought also and at the same time be given such rights and and the international attitude of this Government in this respect that there should be no provision of law denying them that is a subject of criticism and reproach by publicists of all coun privilege. tries, including those of the United States. Everybody, whether he be an alien or a citizen of the United The granting of the right to foreigners to plead in our courts is States, should have the right, under certain conditions: to appear· not a new one. Already the district and circuit courts of the before some court and make his claim, upon proof, according to United States have jurisdiction of civil causes brought by aliens the facts and according to the rules prescribed by our methods of where the amount involved exceeds a certain sum. If such solici judicial procedure. And, Mr. Speaker, if I shall have the oppor tude be shown in the case of alien rights in cases of civil and tunity to do so, I shall offer an amendment, when the bill is read pecuniary import, how much greater should be t~e public duty if it be read by sections and is subject to amendment-making it to take cognizance of matters affecting the life and rights of aliens read that "any subject or citizen of a foreign state or of the under the settled practice of international law in cases of such United States claiming of the trnited States under treaty or upon great wrongdoing as mob murder or wanton destruction of prop the principles of international law or for any other valid reason erty when experience has shown that local justice is too often for injury to personal property may bring suit upon such claim helpless to punish the offenders. in any circuit court of the United States." In other words, I .Mr. Speaker, this neglect of reciprocal· power to redress the would extend the privileges of this bill to our own citizens as well grievances of the citizens of foreign countries has been pressed as to those of foreign countries, and would place jurisdiction in by them upon our Government for some time. The rights of all our regular circuit courts. nations .acquired by international law are simply the cession of Another criticism made by the gentleman from Missouri is also such rjghts granted by civilized countries for the general good of entirely sound~ viz, that the jury system would not apply to a all. Those who can not conform to this concurrence of equity, claim if tried in the Court of Claims; and for that reason, and or the form of whose government is such that they are estopped because I believe jury trial to be a wise provision, I would like from granting to others what they themselves ciemand, makes the to see the bill amended by restoring the language originally 1276 CONGRESSIONAL RECORD-HOUSE. JANUARY 21, contained in it, and which has been stricken out by the committee, I have never known a case brought bef<;>re Congress where any which provides that these c1aims shall be tried- Congressman not a member of the Committee on Claims or of the In any circuit court of the United States. Sections 5 to 11, inclusive, of Committee on War Claims could say upon his honor that he knew chapter 359, of the acts of 1 7, shall apply to and govern the initiation of such "the truth, the whole truth, and nothing but the truth" about suits and all subsequent proceedings therein. the claim. I am satisfied tbat the propositions which I have ad I would like to see the bill retain that provision which was vocated would result in economy to the Government because these stricken out in committee, and apply not only to foreigners suing claims go on until the evidenceagainstthemislost,'and wefinally for indemnity, or injury to person or property, but also to the pay more than we would have to pay if they had been finally ad citizens of the United States who have similar grounds of com .judicated when the memory of the case was fresh. plaint against the Government, and who will thus have a means of The bill which I wish to s_ee vas~ W?ul~ read as follows, except asserting their rights before a competent tribunal. that I would change the per10d of limitation from two to six years: I would like to see the bill passed, Mr. Speaker, with the amend A bill relating to claims against the United States for indemnity by subjects ments I have suggested, giving, as I have said, to our own citizens or citizens of a foreign. state. equal rights with those extended to foreigners, and giving to both Be it enacted by the Senate and House of Representatives of the United Stat,,,s of them a status in the courts of the United States whenever they of America in Congress assembled, That any subject or citizen of a foreign believe they have been injured by the Government and seek a state or of t~e p-nited f?tates cl~iming of the United States, under a trnaty or ~pon the prmc1ples of rnternatlonal law, or for any reason, indemnity for in proper mode of redress within a proper time. I for one, Mr. JUry to person or property may bring suit upon such claim in any circuit Speaker, am perfectly willing to trust the courts of the United court of the United States. Sections 5to11, inclusive, of chapter 359 of the States as they are at present organized to do justice in all cases acts of 1887 shall apply to and govern the initiation of said suit and all subse quent prooe~~gs therein.: Provided, That tpe provisions of this act shall ap where the United States is a party in interest, or where the Gov ply only~ citizens or s~l?Jects of those f9re1gu states according like rights ernment is a defendant, in such suits as are contemplated by the and pnvileges to the Cit1zens of the Umted States: A nd provided further pending bill. I should be rather more afraid, from an abstract That no such suit shall be brought after the expiration of two years trom th~ standpoint, that such courts would do injustice to the foreigner accruing of such claim or cause of action. or to the citizen rather than to the Government. The SPEAKER. ThEI gentleman from New York [Mr. RAY] I like also the provision which was originally in the bill con bas three minutes remaining. templating the right of trial by jury. I think that provision should Mr. RAY of New York. Mr. Speaker, the gentleman from be maintained, and that the amendment proposing to strike it out Pennsylvania. [Mr. MAHONJ opposes t~is bill. because, he says, should be rejected. A court with this right to try cases by a. jury there :1!e a large i:nmber of attorneys m the c1ty of Washington would be a much stronger court than the Court of Claims could who will cook up JObs and load down the Court of C1aims. His possibly be. If we remove the inequality between our own citi acquaintance runs with a different class of attorneys in the city zens and the citizens of a foreign government and protect the of Washington from those I associate with. right of trial by jury, then, in my judgment, we would be doing Mr. MAHON. They are painted with the sarue brush. a good thing by passing the bill. Mr. RAY of New York. Those with whom I am acquainted Mr. LANHAM. WiJI the gentleman from Mississippi allow are not of that character, and I do not believe that his acquaint me to ask him a question? ances would have the ability to cook up enough claims against Mr. WILLIAMS of Mississippi Certainly. this Government to swamp the Court of Claims. Mr. LANHAM. Inasmuch as we yielded to the gentleman from Now, Mr. Speaker, I quite agree with the gentleman from Mis Mississippi under the impression that he was opposed to the bill, sissippi [Mr. WILLIAMS] in the proposition that every self and in view of the fact that the amendment be has suggested can respecting government ought to provide a mode of redress for not be incorporated upon the bill under the pending motion, I wrongs committed which give aright of action to a citizen of a for would like to ask if he will vote against the bill in the absence of eign country, and I have but little respect for that man who would that amendment? _ deny to any human being the right to be heard' in a court of jus Mr. WILLIA.MS of Mississippi. I will not vote for the bill tice because he happened to be the subject of some foreign gov unless the amendment is adopted giving to our own citizens ernment. equally the rights which we accord to the citizens or subjects of If any citizen of the United States goes across the water and is foreign governments. But let me say to the gentleman further, wronged or has a jnst claim against the government there, and that I favor a bill to give to the citizens of a. foreign government that government gives him recognition in its courts. then I can the right of trial in our circuit courts, and also to give to our own not see why a. decent respect for law and order and the opinions citizens equal rights before these courts. If that is not accepted, of mankind should not call upon this great Government to permit I am not in favor of the bill, because, as I said in the opening of the citizens of that country to come into our Court of Claims, my remarks, the bill does not go far enough. prove the facts, and have a finding of facts submitted to the law 1 do not know where the gentleman got the impression that I makers of this great nation, and have those lawmakers say whether was oppo ed to the bill for the same reasons which prompt him to the claim is just and well founded or not, and whether it shall oppose it, because in the very beginning of the debate, if the be paid. gentleman will remember, I asked some questions of the chairman The gentleman from Mississipi [Mr. WILLIAMS] says the bill which indicated that I did not think it went far enough, and does not go far enough. We can extend this privilege of going opposed it on that ground solely. into the Court of Claims to our own citizens at any time. We Mr. LANHAM. I got it from the fact that the gentleman's have frequently done it. judgment is always so exceedingly accurate, and I judge by the Mr. HENRY of Mississippi. Why not do it now? questions propounded by him to the gentleman from New York Mr. RAY of New York. A bill can be brought in here at any that he conld not possibly have favored the bill time allowing any citizen of this country to bring suit in the Mr. WILLIAMS of Mississippi. I thank the gentleman from Court of Claims at any time, when that policy is deemed j ustifia Texas. I think the gentleman from Mississippi is accurate and ble and best. But that question should not be brought in here at bis judgment equally sound here; but I will not make myself a this time. The question is, Will we provide that citizens of foreign jury on my own case. countries according like privileges to our citizens may bring suit, I think one of the moat shameful things, and an indication of prove the facts in open court, where witnesses may be examined the slipshod manner in which the Government is caITied on to-day, and cross-examined, and have the facts found and presented to is the fact that the United States Government, great, strong, and Congress for its determination? Or shall we continue the present powerful as it is, forces every obscure and humble citizen to knock practice, and have these matters tried on affidavits in the Depart at the doors of Congress for months, years, even decades, in order ment of State? By such a course fraud may be, and often is, per to get permission to enter into a court which has no final juris petrated. It is not satisfactory, and often defeats justice. In my diction-permission to enter a court which has no right extended judgment, sound business principles demand the passage of this .... to it under the law, except the right to make a. finding of fact and bill. If we would have the respect of other governments, we report that finding to the legislative body, instead of the right to should be willing to treat their citizens as fairly as they treat make final adjudication of the claim presented-to do the very ours. right as between citizen and sovereign. The SPEAKER. Debate on this bill is closed. The question is Not only foreigners, but citizens of the United States, should on suspending the rules and passing the bill. have the right to go into a court, not merely for the purpose of The question being taken, on a division, demanded by Mr. H1TT, having that court make a finding of fact, as proposed here, but there were-ayes 37, noes 82. for the purpose of having that court find a verdict and a judgment Accordingly, two·thirds not voting in favor thereof, the motion which shall stand as between the Government and the citizen or to suspend the rules and pass the bill was rejected. the Government and the foreigner. I think, furthermore, that there ought to be a statute of limita SOLDIERS' HOME, TENNESSEE. tions for and against the Government, and Congress ought to quit 'Mr. BROWNLOW. Mr. Speaker, by authority of the Com this piddling justice of the peace business, the hearing of evi Branch Soldiers' Home at or near Johnson ·City, Washington where there is no home for 700 miles in one direction and 1,200 County, Tenn., and to suspend the rules and pass the bilL miles in another. Fully one·third of the entire United States is Mr. HOPKINS. Mr. Speaker, I demand a second. without a single soldiers' home, the farthest east being at Leaven The SPEAKER. The bill will fast be reported. worth. and in the west being at Los Angeles, Cal., and no inter The bill was read. as follows: mediate soldiers' home between. Besides that, the climatic con Be it enacted, etc., That the Board of Managers of the Home for Disabled ditions in that country are such that it would make the most ideal Volunteer Soldiers are he1·eby authorized and directed to locate a branch of place for a national soldiers~ home, by reason of the fact we know the Home at Johnson City, Washington County, Tenn., or within a radius of that soldiers in their declining years of life are apt to be attacked 5 miles thereof. The same shall not be located on a tract of land less than 300 acres in extent. by puJmonary diseases, and to take them to that climate would SEC. 2. That said Branch Home shall be located and the ground purchased tend materially to restore thefr health. That is as meritorious a (unless the same be donated) by said Board of Managers within three months, measure, if not more so, than the one the gentleman presented. or as soon thereafter as practicable, from the approval of this act. SEC. 3. That within six months, or at soon thereafter as practicable, from But, Mr. Speaker, I do not care to oppose this bill. I propose to the approval of this act., ~he said ~oa!d of Man.ag~rs shall commence the erec vote for it, but it seems to me the committee should have brought tion or purchase of a suitable building or buildmgs on the ground so pur in a. Western measure on which we could have voted to-day. chased for the use of said Branch Home. That said building or bnijding shall be completed at as early a day as possible. Mr. UNDERWOOD. I yield five minutes to the gentleman SEC. 4. That the sum of $"25(),CX.O is hereby appropriated for the purposes from Tennessee. hereinbefore mentioned and the improvement of the grounds of said Branch Mr. GAINES. Mr. Speaker, the gentleman from Iowa fMr. Home. . d il h d . HULL] says this measure provides for a Home for the old Union SEO. 5. That all honorably dischar~ed soldiers an sa ors w o serve m the war of the rebellion and the Sparush-American war, and the provisional soldier. That is true. But it goes still further. It takes earn of army and thevolnnteersoldiers and SB;ilors of the war ~f 1812 and of the Mex the old Mexican soldier, and you know nearly all of them came ican war who are disabled by age, disease, or otherwise, and by reason of from the South. It proposes to care for the soldiers that are dis such disii.bility are incapable of earning a living, shall be admitted into the Home for Disabled Volunteer Soldiers. abled by wounds received in the Spanish war, as well as those fighting or that may hereafter fight in the Philippine Islands and The SPEAKER. Is a second demanded? become disabled. The 14 Southern States furnished for the Union Mr. UNDER WOOD. I demand a second. Army 215,5!6 soldiers; for the Spanish war, 54,516; for our pro Mr. HULL. I ask unanimous consent that a second be consid visional army, 9,689; and I gave this measure my hearty support. ered as ordered. It is proposed to erect this Home in the county of Washington, Mr. BROWNLOW. I ask unanimous consent that a second be in the mountains of East Tennessee, a most beautiful and healthy considered as ordered. country, and contiguous and accessible tothe entire South. This The SPEAKER. Unanimous consent is asked that a second be county was the home of John Sevier, eleven years governor of Ten considered as ordered. Is there objection? nessee, twice a member of Congress, and who fought the battle of There was no objection. Kings Mountain. Here Andrew Jackson was first admitted to the The SPEAKER. The Chair recognizes the gentleman from bar, where he afterwards presided as judge. In this county many Tennessee [Mr. BROWNLOW] and the gentleman from Alabama of Tennessee's greatest and best men were born, reared, became [Mr. UNDERWOOD] for and against the bill. illnsb'ions in State and national matters, while from this neigh Mr. BROWNLOW. I yield to the chairman of the Committee borhood went 1~800 riflemen and aided in crushing Furgeson at on Military Affairs (Mr. HULL]. Kings Mountain and made our independence possible. The SPEAKER. The gen~leman from Tennessee yields to the May this structure be not only a Home for the veteran but gentleman from Iowa [Mr- HULL], chairman of the committee on adorn this community, reminding the youth of these illustrious Military Affairs. men and their patriotic and chivalrous deeds. A brave Mexican Mr. HULL. Mr. Speaker, a very few words will be all that I soldier, a brave Confederat~ soldier, the senior Senator from Ten desire to say on the bill. The Committee on Military Affairs, I nessee [Mr. BATE], reported this measure to the Senate and gave - think unanimously, reported in favor of establishing a Branch it his cordial support. It was introduced in this House by my Soldiers'Home in East Tennessee. The Senate, after consideration colleague, Mr. BROWNLOW, much to his credit. and to those who of the House bill, passed a similar measure and sent it to us, and shall support it. We may differ, Mr. Speaker, as I do with him, this is simply talring up the Senate bill in lieu of the House bill. on fundamental political questions, but in this, devoid as it is of There are no National Homes established in the South proper. politics, I gladly join hands with him and the friends of this There is a National Home at Hampton, in Virginia, put there more measure in urging this House to pass it, believing, as I do, that on account of the climate than because of its being in the heart of it is entirely meritorious. . a soldier constituency. There were over 300,000 Union soldiers Mr. UNDERWOOD. I yield five minutes to the gentleman in Tennessee, Kentucky, and North Carolina that are virtually from Indiana (Mr. MIERS]. deprived of benefit of Soldiers' Homes. Mr. MIERS of Indiana. Mr. Speaker, it seems to me that the When the Board of Managers were here recently in session, I gentleman from Colorado makes no argument against this bill. took occasion to talk with them in regard to this matter and, after He makes an argument that ought to favor it, and that would they had investigated the case, they recommended to me that it eventually give another Home, and would be in favor of the remedy would be a good thing for the Government to establish this Home which he seeks. in East Tennessee, so as to give the ex-Union sold1ersof the South Mr. SHAFROTH. I said to the House that I expected to vote the opportunity to be cared for in this Home on the same terms for the bill. that their comrades of the North have been taken care of for _ Mr. MIERS of Indiana. It seems to me it is an opportunity some years. The report of the board was that the demand for that does not very often come to this House. We have not only admission was suffic1ent to justify the Government in the estab been passing special pension bills, but establishing Homes all over lishment of another Home; that the locations of the Homes already the'-West and the North; and these men of the South have not established are in the central part of the Republic, in the heart only been helping to make a quorum, but they have been helping of the soldier constituency amply provided for, and that this to establish these Homes all over the country, not only by their would provide for the soldier of the South who served in the acquiescence but by their votes. Now, this House has an oppor Union Army during the civil war. I do not desire to take any tunity to deal fairly with all sections of the country and establish more time. These are in brief, the reasons that led to this report, this Home in the South. and the reasons that we think led the Board of Managers of the Now, you have an opportunity of doing the same thing for the Homes to indorse it with their request to us to pass it if possible. same class of men-the old Union soldiers-and establishing it a I reserve the balance of my time. little farther South, where the people of that section of the coun The SPEAKER. The gentleman from Iowa reserves the bal try can get the benefit not only of this kind of legislation as far as ance of his time. taxation is concerned, but a fair and honest recognition of a por Mr. UNDERWOOD. I yield five minutes to the gentleman tion of this country that is to-day as Joyal to the country and the from Colorado [Mr. SHAFROTH]. best interest of the old soldier as any section of the country. It Mr. SHAFROTH. Mr. Speaker, I have listened to the gentle seems to me it is not only a matter of justice to the old soldier man from Iowa, and although there is no doubt but what this who lives down there, but it is a matter of justice to recognize the may be a proper place for the establishment of a soldiers' home, right of these gentlemen who have so loyally stood by the old sol a number of other bills were before the Committee on Military diers all over the land, and for one I am heartily in favor of this Affajrs-I think three bills. One was for the establishment of a measm·e. home in Hot Springs, S. Dak.; another was to establish a branch soldiers' home at Denver, Colo. And I must eay, as between the I have the report on this bill, which shows that 14 Southern merits of the three measures, the one to establish a home in Colo States furnished 54,000 soldiers for the late Spanish war, which.. rado is deserving of receiving the first attention. shows her loyalty. A portion of the report is as follows: Mr. Speaker. I want to say that this home that is proposed to be According to the soldier population, it may be well to invite the attention of tOO House to the number of officers and men who served in the Union established at Denver, Colo. , and which has received the favorable Army during the war of the rebellion, and in the Spanish-American war, consideration of the Committee on Military Affairs, is a home and those now serving in the provisional army in the Philippine Islands. 1278 CONGRESSIONAL RECORD--HOUSE. JANUARY 21, These volunteer officers and men are from 14: Southern States, in the propor [Mr. MIERS] what he meant by saying that these people were tion indicated in the following table: loyal to the old soldier? War of Pro Mr. MIERS of fndiana. If I said loyal to the old soldier, I States. the Spanish visional did not mean it; I meant loyal to the nation and the old flag. rebellion. war. army. Mr. OTEY. I understood the gentleman to say that it was in a section of country where the people were loyal to the old soldier. Alabama.------·---·---·------· 2, 576 4:,~ 571 Mr. MIERS of Indiana. If I said so, I did not mean that; I Arkansas------·------·------8,289 2, 936 321 Florida ------...... ------· ------·· ---- 1,290 1,350 75 meant to the nation and the old flag. I thank the gentleman, and 4,383 1,515 will make the correction. 7 5, 614: 1, 799 Mr. CANNON. I want to say that this bill ca1Ties an appro l~3~~==:::::::::::::::::::::::::::::::::::::: ----- f~- 2,916 82 2,611 430 priation of 8250,000. Now, to build a Home like that, which will 3, 161 86 accommodate 3,000 people-and I apprehend this Home will be of ~~r~~~~~~===·::::::::::::::::::: :::::::::::: ~: m 3,966 784 that size-it will cost, in my judgment, judging from what other South Carolina··--···--· •...... • ··------·---- ___ _ 2,618 !?50 Homes have cost, from twelve hundred to fifteen hundred thou Tennessee . -----·--·-----•...... ------· ------31, 092 6,266 1,364 6, 756 1,428 sand dollars. 5,223 525 Mr. HULL. I now yield two minutes to the gentleman from i~if~;~~=:::::::::::: -~; 2,694 450 :::::: :::::::: :::::::: -----.-- :------Kentucky fMr. BoREL"\'G]. Total...... ••••• -----·.-----· •••..• ----·-·· 215, 54.6 5i, 516 9, 689 Mr. BOERING. Mr. 8peaker, this country to-day is what the warriors of the generations of the past have made it. There are In addition to the above number of soldiers fnrnic;hed from the Southern only five States in this Union that furnished more soldiers to the States during the war of the rebellion (all of whom were white men), there Union Army in the civil war than did the State of Kentucky, and were recruited and mustered into the service of the United States, within she furnished her quota, I think, to the other side as well. We the limit of what was known as the "Confederate States," 96,033 colored all stand together to-day, supporting one flag and one country. soldiers that are not included in the above table, making a ~rand total of en listment from the Southern States in the war of the rebellion of both white Eastern Kentucky and eastern Timnessee in the civil war was and, colored soldiers 311,579 officers and· men. Had these soldiers gone with considered an island of loyalty in a sea of secession, ·and I mean the so-called Confederacy there may be doubt in the minds of those who have no disrespect to anybody by this remark. Suppose it does cost studied the situation as to what had been the success of the Southern Con federacy. These soldiers enlisted at that period of the war of the rebellion something to build a Home for those who have fought our bat ,, when the outlook for the Union cause was the most gloomy, and their going tles. This section of Tennessee and Kentucky not only furnished into the Union Army at that time was believed by the ablest men of that day soldiers to the Federal Army in time of the civil war, but it has and timo to have saved the nation. The total number of enli tments during the war of the rebellion from all furnished its quota of soldiers in every war, and if we have wars the States in the Union aggregated 2,324,516 officers and men, while, as above enough we shall fill it up to the full capacity indicated by the stated, 311.579 came from the Southern States and were practically and sub distinguished gentleman from Illinois [Mr. CANNONl. stantially one-fourth of the bona fide enlistments of the entire war. In the Northern States men were recruited for ninety days' and six months' service I am heartily in favor of the establishment of this Home, and of and reenlisted as many as two and three times, and were counted each time locating it in the healthy climate of east Tennessee. in the aggregation of enlistments, while the soldiers from the South almost Mr. HULL. I yield to the gentleman from Alabama [Mr. all enlisted for one and three years or during the war. Thus it will be seen that their proportion to the whole of the eulistments RICHARDSON]. was really much larger than appears by the actual total of enlistments at Mr. RICHARDSON of Alabama. Mr. Speaker, I am grateful hand. They went into the CJnion Army with the expectation of fighting their to the distinguished chairman of the Military Committee fMr. way back to their homes, and they ~ew that they could not go back to their homes until the war was fought to a. finish, and it was immaterial to them HULL] for the courtesy extended me. As an ex-Confederate solCtier, whether it was for one or five years that they must serve. as the war must I am glad to have this opportunity of bearing testimony, in this close before their mission was ended. They had but one object in view. and public manner, of my high regard, esteem, and respect for the that was the preservation of the Union. Federal soldiers. It is true that the district in Alabama that I This country is now one in name, one in fact-no North no have the honor to represent lies but a short distance from where · South-and every citizen of this great Republic is loyal to the old this Home is to be established, and not only speaking for myself, but flag. I trust this bill will pass. for all classes of my people, I say without hesitancy that we wel Mr. HULL. I now yield three minutes to the gentleman from come the establishment of Homes in the South for disabled Federal Illinois [Mr. CANNO~]. . soldiers. Since the close of our great civil war I have been a sin Mr. CANNON. Mr. Speaker, as the debate on both sides seems cere and earnest advocate of fair, just, and liberal pensions, as to be in favor of the passage of this bill, I feel it is my duty to say well as National Homes for the disabled Union soldiers. It gives to the House what the facts are touching this service in just about me pleasure to support a bill of this kind appropriating $250,000, two minutes. It looks tome as if this bill would pass, but I want and even if you should make the amount 8350,000, I would cheer to say that the only possible argument in favor of its passage is fully do likewise. one of climate down in East Tennessee. There are many Sol I believe, J\fr. Speaker, that this is the way-yea, the best way diers Homes already. There is quite enough room in these Homes to reconcile whatever troubles or heartburnings there ·may have for all the soldiers who are entitled to relief under the law, and been in the South, and especially in the locality where it "is pro that includes the soldiers hereafter to.come from the Spanish and posed to establish this Home. There has never been any trouble, the Philippine wars. Mr. Speaker, between the Federal sold~er and the Confederate. In the examination of the Board of Managers of Soldfors' Homes The history of the world has never presented a parallel to the before the Committee on Appropriations touching the appropria welding of the lives and friendships that has taken place in the tions for this service, in December last, this question was asked: last thirty years between Federal and Confederate soldiers. The effect of these friendly associations between brave men who had The CRAmlLA.N. In your judgment, do yon think there is sn.fficient room, with such small additions at the Federal Homes as may be made from time to met each other on bloody fields of battle is bearing fruit as our time for hospital room or where cooking will be done under one roof, to care numbers daily are passing away. When his Excellency the for the oldiers who are are entitled to be cared for under the general law? President of the United States (Mr. McKinley) made his tour, The PRESIDENT OF THE BOARD. I think there is. some two years since, through the South and said the time would Now, then, in the South is the Home at Fortress Monroe. The soon come when the Government would take care of the graves farthest west is a Home at Santa Monica, and in the center of the of the Confederate soldiers, this sentiment was greeted and wel country at Leavenworth, and so on. That there is ample room comed by millions of brave and true men in the South. We knew for all the soldiers entitled to the benefits of the Home and who that the President was sincere. He spoke it not only as President, desire it, in my judgment, is apparent. Now, having stated that but as a brave soldier. I sincerely believe, Mr. Speaker, that the in justice to the House, I have nothing further to add. location of this Home in East Tennessee and steps of this kind, Mr. UNDERWOOD. I now yield to the gentleman from Vir which are being inaugurated and approved, will yet lead to the ginia (Mr. OTEYl. . consummation of the desire which exists in the conservative mind Mr. OTEY. I only want to ask a question. I would like to ask of the North and the South to see a Home built which will admit the gentleman in charge of the bill if there are any other Homes in both Federal and Confederate disabled soldiers. Such a Home, the State of Tennessee? of course, should be under the rule and government of the Fed Mr. HULL. There is a Confederate Soldiers' Home in the State eral Homes law. of Tennessee. I would welcome that time. One of the first bills, Mr. Speaker, Mr. GAINES. And every Republican in the legislature voted introduced by me in this House was to establish a Home of that for it. kind in the vicinity of the beautiful city of Huntsville, Ala., the Mr. OTEY. Are there any other Homes in the State of Tennes- mostattra.ctivesectionof the Tennessee Valley. Such a measure, see-I mean Federal Homes? Mr. Speaker, will do more to allay the passions and prejudices pro Mr. HULL. There is no Federal Home. duced by the war than anything else that we can do. The soldiers Mr. OTEY. What appropriation does this bill carry? of the Grand Army of the Republic-the Confederate soldier, Re Mr. HULL. An additional appropriation of $250,UOO, but it publicans and Democrats, among our people all speak out for will be larger than that if the Home is established. such a Home. I am glad that this Home proposed by the bill under Mr. OTEY. I would like to ask the gentleman from Indiana consideration will be established in that beautiful and historic 1901. OONGRESSION A'.L RECORD-HOUSE. 1279 section of East Tennessee. And for myself, let me say, as an ex connection with it. There were many applicants for the appoint Confederate soldier, treasuring the memories, as I reverently do, ment, but the Secretary of WaD and, I think it only proper for me that are dear to my heart in connection with that wonderful to say, the President of the United States sought for a man worthy struggle, honoring the brave men who fought on the othe~ side, of the place, in whom they could have absolute confidence. it gives _me an amount of pleasure that I can not express .m ~he , They consulted Provost Harrison, of the University o~ ~ennsyl few minutes allowed me to-day to cast my vote for thIS bill. van1a, and he recommended Professor Brom baugh. This 1s a clear [Loud and long applause.] case of the office seeking the man and of high public duty discharged The question being taken, the ~otion tsioner _of educa munication from the Secretary of War. He did not seek this posi tion m entioned in secti?~ 36 of the act entitled "An !!-Ct temporarily to pro vide revenues and a civil government for Porto Rico, and for other pur tion, hut was requested to go and take charge of this work upon poses," approved April µ, 1900, ~hall be $1, The SPEAKER. The title of the bill will be read. Also: The Clerk read as follows: Resolved, That the Secretary: be directed to return to the Housa of Rep A bill (H. R. 428) to amend the law establishing a port of delivery at Des re entatives, in com11liance with its request. the bill (S. 2"....45) directing the Moines, Iowa. issue of a duplicate of a lost check, drawn by William B. Comegys, major and paymaster. United States Army, in fayo1· of Geor~e P. White. The SPEAKER. The bill will be read. Also: The Clerk read the bill as amended, as follows: Resolved, That it is with deep regret and profound sorrow that the Senate Be it enacted, etc., That section 2 of an act entitled "An act establiEhing a hears the announcement of the death of Hon. JOHN Il~RY GEAR, late a port of delivery at Des Moines. Iowa," approved April 7, 1 92, be, and is here by, cenator from the State of Iowa. amended by striking out, after the word 'port," in said section, the words Resol1:ed, That the enate extends to his family and to the people of the "whose salary shall be the usual fees and commissions;" so as to read as fol State of Iowa sincere condolence in their bereavement. lows: Resolved, That, as a ma.rk of respect to the memory of the deceased, the "SEC. 2. That there shall be appointed a surveyor of customs, to reside at busine af the Senate be now suspended to enable bis associates to pay fit said port." ting tribute to his high character and distinguished service . · Resolved, Tbat the Secretary transmit to the family of the deceased and The SPEAKER. Is there objection to the request of the gen to the governor of the State of Iowa a copy of these resolutions, with the tleman from Iowa for the immediate consideration of the bill? action of the Senate thereon. 1\Ir. RICHARDSON of Tennessee. 1\Ir. Speaker, reserving the Re olved, That the Secretary communicate these resolutions to the House I if of Representatives. right to object, would like to ask the gentleman from Iowa Re. olved, That, as an additional mark of respect, at the conclusion of these this bill is reported by the Committee on Ways and Mean ? exercises the Senate do adjourn. l\fr. HULL. I will say to the gentleman that this bill has been reported twice on previons occasions in different Congresses by ENROLLED BILLS SIGNED. the Committee on Ways and Means. The SPEAKER. announced his signature to enrolled bills of the .Mr. RICHARDSON of Tennessee. Has it been reported in this following titles: Congress? S. \Jl. An act granting a pension to J. J. Groff; .Mr. HULL. Yes; this is the report that I am now presenting S. 299 • An act granting an increase of pension to Martha G. D • to the House and asking consent for its passage. - Lyster; Mr. DALZELL. It was unanimously reported from the com S. 349. An act granting an increase of pension to James H. ·mittee. Coventon· .Mr. HULL. When this bill was originally passed, the Commit S. 667. An act granting a pension to B. H. Randall; tee on Ways and Means amended it to provide for the usual fees S. 1400. An act granting a pension to William Lyman Chitten and allowances or commissions in such cases. The committee den· thought, ot course, that the surveyor of the port would receive the s.' 1413. An act granting a pension to Erie E. Farmer; salary provided by Jaw, but the Comptroller holds that by putting S. 2166. An act granting an increase of pension to Charles A. D. in the words "usual fees and commissions ' it cuts off the salary Wiswell; altogether. S. 2400. An act granting an increase of pension to Edith Lock Tha.t, Mr. Speaker, is the only place in the United States where wood Sturdy; the salary of the surveyor of the port is cut to this extent, or S. 3457. An act granting an increase of pension to Laura Ann where he is deprived of thic:; small compensation of $250 a year. I Smith; hope, therefore, there will be no objection to the consideration or S. 4054. An ad granting an increase of pension to Elizabeth W. the passage of the bill. Eldridge; Mr. GAINES. Wbere is this? S. 4441. An act granting an increase of pension to Gertrude B. Mr. HULL. At Des Moines, Iowa. Wilkinson; Mr. GAI1';~. I never yet heard of anybody being deprived of S. 4574. An act granting an increase of pension to Mary Emily anything out there. Wilcox; The SPEAKER. Is there objection to the request of the gen S. 4575. An act granting an increase of pension to Thomas tleman from Iowa that the bill be considered? Claiborne; There was no objection. S. 5093. An act granting an increase of pension to Charlotte The bill was considered, was ordered to be engrossed and read W. Drew. a third time; and being engrossed, it was accordingly read the SENATE RESOLUTIONS REFERRED. third time, and passed. Under clause 2 of Rule XXIV, the following Senate resolutions On motion of Mr. HULL, a motion to reconsider the last vote were taken from the Speaker's table and referred to their appro was laid on the table. priate committees as indicated below: MESSAGE FRO:M THE SENATE. Senate concmrent resolution 93: Resolved by the Senate (the House of Representatives concurring), That Con A message from the Senate, by Mr. PLATT, one of its clerks, gre swill observe the 4:th day of February next, being the one hundredth announced that the Senate had passed without amendment bills of anniversary of the day when John Marshall became the Chief Justice of the Supreme Court of the United States, by exercises to be held in honor or his the following titles: memory: and for that purpose a joint committee be appointed by the Presi H. R. 125~. An act to authorize the construction of a bridge dent of the Senate and the Speaker of the House of Repre entatives, respec across the Mississippi River at or near Grays Point, Missouri; and tively to arrange said exercises and the time and place therefor, to be par H. R. 5018. An act to confirm in trust to the city of Albuquerque, ticipated in by the President, the Supreme Court, the Congress, and such officers of this Government and foreign governments, such members of the in the Territory of New Mexico, the town of Albuquerque Grant, judiciary and of the bar, and such distinguished citizens as may be invited and for other purposes. thereto by such committee- The message also announced that the Senate had passed the fol to the Committee on Rules. lowing resolutions; in which the concurrence of the House was Senate concurrent resolution 96: requested: Resolved by th.e Senate (the House of Representatives concurrinfJ}, That the Senate concurrent resolution 93. Secretary of War be directed to transmit to the Senate an estimate of the Resolced by the Senate (the House of Representatives concurring), That Con cost of deepenin~ the channel of Curtis Bay, Baltimore Barbor, in Maryland, gre. will observe the 4:th day of February next, being tlle one hundredth to EO feet and widening the channel to 250 feet; and also an estimate of the anniversary of the day when John Marshall became the Chief Justice of the cost of increasing the depth of the main ship channel of the Patapsco River Supreme Court of the United States, by exercises to be held in honor of his and Baltimore Harbor to 3.5 feet and the width thereof to 1,000 feet- memory; and for that purpose a joint committee be appointed by the Pre i dent of the Senate and the Speaker of the Honse, respectively, to arrange to the Committee on Rivers and Harbors. said exercises and the time and place therefor, to be participated in by the Senate concurrent resolution 95: President, the Supreme Court, the Congress, and such officers of this Gov Resolt:ed by the Senate (the House o.f Repre entatives concu1Ting), Tbat the ernment and foreign governments, such members of the judiciary and of the Secretary of War be directed to furnish the enate and Honse of 'Ilepre ent bar, and such distinguished citizens as may be invited thereto by such com atives with a supplementary report as to the necessity of an approprhtion mittee. of $60,000 for completing the improvement of Bayou Plaquemine, I....onisiana- Sona.te concurrent resolution 9!. Resolved by the Senate (the House of Representatives concurring), That the to the Committee on Rivers and Harbors. Secretary of War be directed to transmit to the Senate an additional estimate ENROLLED BILL SIGNED. of the amount necessary to be appropriated for the completion of the work ufon the lock and dam at Brenneckes Shoals, on the Osage River, in the State Mr. BAKER, from the Committee on Enrolled Bills, reported o Misson.ri. that they had examined and found truly enrolled bill of the fol Senate concurrent resolution 95. lowing title; when the Speaker signed the same: Resolved lnJ the Senate (the House of Representatives concurring), That the H. R. 4633. An act granting a pension to John Calvin Lane. Secretary of War be directed to furnish the Senate and House of Representa tives with a supplementary report as to the necessity of an appropriation of EXTENSIO.N" OF MINlliG LAWS TO SALINE LANDS. $60,000 for completing the improvement of Bayon Plaquemine, Louisiana. Senate concurrent resolution 00. Mr. NEWLANDS. Mr. Speaker, I ask unanimous consent for Resolved by the Senate (the House of Representatit:es concurring), That the the present consideration of the bill (S. 3313) extending the min Secretary of War be directed to transmit to the Senate an estimate of the ing laws to saline lands. CO!'lt of deepening the channel of Curtis Bay, Baltimore Harbor, in Maryland, The SPEAKER. The gentlemanfromNevada asks unanimous to 30 feet and widenina the channel to 25D feet; and also an estimate of the cost of increasing the aepth of the main ship channel of ihe Patapsco River consent for the present con..~ideration of a bill which is on the and Baltimore Harbor to 35 feet and the width thereof to 1,000 feet. Speaker's table, and which the Clerk will report. 1901. CONGRESSIONAL RECORD- HOUSE. 1281 . The bill was read, as follows: mates of deficiency appropriations for the year ending June 30, Be it enacted, etc., That possession and title to salt de:posits and saline lands 1901-to the Committee on Appropriations, and ordered to be on the public domain may be acquired under the provisions of the sixth chap printed. ter of the Revised Statutes of the United States relating to mines and min A letter from the Secretary of the Treasury, transmitting a 1ist eral deposit1'. of judgments rendered by the Court of Claims and a recommen The SPEAKER. Is there objection to the present considera dation for legislation in relation to prize money-to the Committee tion of this bill? on Appropriations, and ordered to be printed. Mr. McRAE. Mr. Speaker, I shall object to the consideration of this bill unless it can be agreed in advance that I shall he recognized both to debate and amend it. REPORTS OF COMMITTEES ON PUBLIC BILLS AND It is an important matter that ought to receive the careful con RESOLUTIONS. sideration of the House. I have no objection to the consideration Under clause 2 of Rule Xill, Mr. LOUD, from the Committee of the bill if my request is granted, but I think the bill ought to on the Post-Office and Post-Roads, to which was referred the bill of go over nntil to-morrow, because it will take more time than gen the House (H. R.13729 ) making appropriations for the services of tlemen may be willing to devote to it to-night. the Post-Office Department for the fiscal. year ending June 30, Mr. NEWLANDS. How much time does the gentleman want? 1902, reported the same. accompanied by a report (No. 2-U 1); which Mr. McRAE. I will get through just as soon as I can, but it said bill and report were referred to the Committee of the Whole will take at least half an hoar, and maybe more. I want to be House on the state of the Union. recognized in my own right, both to debate and amend the bill, because it is an important matter, involving large interests, and it REPORTS OF OOM..\UTTEES ON PRIVATE BILLS AND ought not to be disposed of without careful con ideration. RESOLUTIONS. Mr. NEWLANDS. I have no objection to that, Mr. Speaker. Under clause 2 of Rule XIII, private bills and resolutions of the Mr. LACEY. Is the motion of the gentleman from Nevada a. followin~titles were severally reported from committees, deliv motion to suspend the rules and pass the bill? ered to the Clerk, and referred to the Committee of the Whole The SPEAKER. No. The gentleman from Nevada asks unani House, as follows: mous consent for the present consideration of the bill. Is there l\lr. HENRY of Mississippi, from the Committee on War objection? Claims, to which was referred the bill (H. R. 11363) , reported in Mr. McRAE. I object, unless that can be agreed to. lieu thereof a resolution (H. Res. 376) for the relief of legal rep Mr. NEWLANDS. I say I have no objection to that. resentative of Cyrus Gault, deceased, late of Baltimore, Md., The SPEAKER. The gentleman from Nevada has stated that accompanied by a report (No. 2410); which said bill and report he bad no objection to that. were referred to the Private Calendar. Mr. McRAE. I am to be recognized in my own right, and Mr. GRAFF, from the Committee on Claims, to which was have the right to move amendments during that time. referred the bill of the Houge (H. R. 3696) for the relief of Mary Mr. DALZELL. For half an hour? R. Frost, reported the same with amendment, accompanied by Mr. McRAE. Yes. a report (No. 2413); which said bill and report were referred to Mr. DALZELL. Oh, Mr. Speaker, I move that the House do th3 Private Calendar. now adjourn. Mr. RICHARDSON of Tennessee. Is it understood that this will come up in the morning? PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS The SPEAKER. Unanimous consent has not been given for its INTRODUCED. consideration. If that were given, of course it would be unfinished Under clause 3 of Rule XXII, bills, resolutions, and memorials business in the morning. of the following titles were introduced and severally referred as J.Ir. McRAE. With the understanclingthatlca..n berecognized follows: to debate the bill and offer amendments to it, I say I have no ob By Mr. LOUD, from theCommitteeon the Post-Office and Post jection to its consideration now. Roads: A bill (H. R. 13729) making appropriations for the serv The SPEAKER. The gentleman who is in charge of the bill ice of the Post-Office Department for the fiscal year ending J nne has consented to that. 30. 1902-to the Union Calendar. Mr. McRAE. Well, I say, with that understanding, I make no By Mr. STEPHENS of Texas (by request): A bill (H. R. 13730) objection. to supplement existing laws relating to the possession of lands in The SPEAKER. Does the gentleman from Pennsylvania [Mr. the Indian Territory, and so forth- to the Committee on Indian DALZELL] withhold his motion? Affairs. Mr. DALZELL. I withhold my motion. By Mr. CUMMINGS: A bill (H. R. 13731) t-0 provide an Amer The SPEAKER. Is there objection to the present considera ican register for the steamer Ente-rprise-to the Committee on the tion of the bill? Merchant Marine and Fisheries. There was no objection. By Mr. WILSON of Arizona: A bill (H. R. 13732) to authorize The SPEAKER. The gentleman from Pennsylvania. [Mr. DAL the Bradshaw Mountain Railroad Company to construct a railroad ZELL] moves that the House do now adjourn. Pending that mo through forest reserve and public lands of the United State3 in tion, the Chair will submit some personal requests of members. Yavapai County, Ariz., to Crowned King and other mining camps LEAVE TO WITHDRAW P .A.PERS. in said county-to the Committee on the Public Lands. . By unanimous consent, on motion of Mr. HULL, leave was By Mr. JENKINS: A bill (H. R. 13733) for lighting suburban granted to withd.mw from the files of the House, without leaving streets by the electric railway companies whose lines occupy said copies, the papers in the case of J. V. D. Middleton, Fifty-fifth streets in the District of Columbia-to the Committee on the Dis Congress, there being no adverse report thereon. trict of Columbia. By unanimous consent, leave of absence was granted to Mr. By Mr. OTEY: A bill (H. R. 13741) to pnnishfraudsonkeepers TAYLOR of Alabama, indefinitely, on account of sickness. of hotels and inns in the District of Columbia-to the Committee The motion of Mr. DALZELL was agreed to. on the District of Columbia. By Mr. BABCOCK: A bill (H. R.13752) to regulate the collec Accordingly (at 5 o'clock and 5 minutes p. m.) the House ad tion of taxes in the District of Columbia-to the Committee on the journed. District of Columbia. By Mr. KING: A bill (H. R.13767) granting land for cemetery EXECUTIVE COMMUNICATIONS. purposes-to the Committee on the Public Land8. By Mr. HULL: A resolution (H. Res. 377) for consideration of Under clause 2 of Rule XXIV, the following executive commu the report on S. 4300-to the Committee on Rules . . nications were taken from the Speakers table and referred as fol- By Mr. ROBINSON of Nebraska: A resolution of the senate of lows: · the State of Nebraska favoring the Senate bill to establish a school A letter from the Secretary of War, transmitting, with a letter of mines in each State-to the Committee on the Public Lands. from the Chief of Engineers, final report on the Outer Bar, at By l\Ir. WILSON of Idaho: A memorial of thelegislatureofldaho Brunswick, Ga.-to the Committee on Rivers and Harbors, and protesting against legislation permitting the leasing of the public ordered to be printed. domain-to the Committee on the Public Lands. A letter from the Secretary of the Treasury, relating to the cost of a telephone service t-0 the United States light-house at Table Bluff, Cal.-to the Committee on Appropriations, and ordered to PRIVATE BILLS AND RESOLUTIONS INTRODUCED. be printed. Under clause 1 of Rule XXII, private bills and resolutions of A letter from the Secretary of the Treasury, transmiting addi the following titles were introduced and severally referred as tional documents relating to estimates for the Territory of Ha follows: w~ii-to the Committee on Appropriations, and ordered to be By Mr. DAVIS: A bill (H. R. 13734) granting an increase of pnnted. pension to William J . Dodson-to the Committee on Invalid Pen A letter from the Secretary of the Treasury, transmitting esti- sions. XXXIV-81 1282 CONGRESSIONAL RECORD-HOUSE. JANUARY 21, By Mr. GROSVENOR: A bill (H. R. 13735) for the relief of cial Club of Sturgis, S. Dak., for the improvement of Galveston William Shepperd-to the Committee on Claims. Harbor-to the Committee on Rivers and Harbors. Also, a bill ( H. R. 13736) granting an increase of pension to Seth Also, resolution of the Commercial Club of Sturgis, S. Dak., urg Weldy-to the Committee on Invalid Pensions. ing the passage of the so-called Cullom bill, entitled "An act to By Mr. HEPBURN: A bill (H. R. 13737) granting a pension to regulate commerce "-to the Committee on Interstate and Foreign Albert Russell-to the Committee on Pensions. Commerce. Also, a bill (H. R. 13738) granting a pension to Wesley J. Also, resolutions of the Commercial Club of Sturgis, S. Dak., fa Banks-to the Committee on Invalid Pensions. voring an appropriation to make preliminary surveys for reser By Mr. HITT: A bill (H. R. 13739) to authorize Dr. Eugene rnir sites in Western States; also, for a further appropriation for Wasdin,Marine-HospitalService,and Dr. H. D. Geddings,Marine experimental artesian wells in the arid States-to the Committee Hospital Service, to accept testimonials from the Government of on the Pnblic Lands. Italy-to the Committee on Foreign Affairs. By Mr. COCHRANE of New York: Petition of Troy Branch of By Mr. LESTER: A bill (H. R. 13740) granting a pension to National Indian AsRociation, in favor of making provision for an Jane Day-to the Committee on Invalid Pensions. adequate and permanent supply of water for the Pima and Papago By Mr. OTEY: A bill (H. R.13742) forthereliefofR.C. Stokes Indians-to the Committee on Indian Affairs. to t:i..e Committee on Claims. By Mr. CONNELL: Petition of C.H. Cool and 24 others, urg By Mr. ROBINSON of Nebraska: A bill (H. R. 13743) for the ing the passage of a measure providing a permanent supply of live relief of Joseph N. Campbell and Stephen Blacksmith-to the water for irrigation purposes for the Pima and Papago Indians Committee on Indian Affairs. in Arizona-to the Committee on Indian Affairs. By Mr. RUSSELL: A bill (B. R.13744) granting an increase of By Mr. COOPER of Wisconsin: Petition of the Church of the pension to Abbie T. Daniels-to the Committee on Invalid Pensions. Good Shepherd, of Racine, Wis., for the protection of native races By Mr. SALMON: A bill (H. R. 13745) for the relief of John in our islands against intoxicants and opium-to the Committee Treftz-to the Committee on Military Affairs. on Alcoholic Liquor Tra.ffic. By Mr. SPALDING: A bill (H. R. 13746) authorizing the res A.lso, petition of the Board of Trade of Porto Rico, to divide the toration of the name of Thomas H. Carpenter, late captain, island into two customs distrjcts-to the Committee on Insular Seventeenth United States Infantry, to the rolls of the Army, and Affairs. providing that he be placed on the list of retired officers in the By Mr. CORLISS: Petitions of A. J. Hershey and others and J. grade he would have attained had he remained in the service-to M. Thompson and others, of Detroit, Mich., in favor of an amend the Committee on Military Affairs. ment to the Constitution against polygamy-to the Committee on By Mr. STEWART of New York: A bill (H. R.13747) granting the Judiciary. an increase of pension to David Schram-to the Committee on By Mr. DE ARMOND: Papers to accompany House bill increas Invalid Pensions. ing the pension of Mathew C. White-to the Committee on Pensions. By Mr. VAN VOORHIS: A bill (H. R. 13748) granting an in By Mr. ESCH: Resolutions of the Wisconsin Federation of La crease of pension to Solomon D. Sturtz-to the Committee on In bor, in opposition to Senate bill No. 727, known as the ship-subsidy valid Pensions. bill-to the Committee on the Merchant Marine and Fisheries. Also, a bill (H. R. 13749) granting an increase of pension to Also, resolutions of the Chamber of Commerce of Milwaukee, George W. Brill-to the Committee on Invalid Pensions. Wis., favoring a forest reserve and national park at Leech Lake, By Mr. WADSWORTH: A bill (H. R. 13750) granting a pen Cass Lake, and Winnibigoshish Lake Indian Reservation-to the sion to Olive Howard-to the Committee on Pensions. Committee on the Public Lands. By Mr. WEYMOUTH: A bill (H. R. 13751) to remove the charge By Mr. GILLETT of Massachusetts: Petitions of Indian asso of desertion now standing against the record of Patrick Hanigan, ciations of Springfield and Amherst, Mass., favoring provision alias John Congren-to the Committee on Naval Affairs. for an adequate and permanent supply of water for the Pima and By Mr. COCHRAN of Missouri: A bill (H. R. 13753) granting a Papago Indians-to the Committee on Indian Affairs. pension to Joseph Denney-to the Committee on Invalid Pensions. By Mr. GRAHAM: Petition of the Indianapolis Monetary Con Also, a bill (H. R.13754) granting a pension to Elizabeth Stoner vention, favoring the adoption of a system by which the exchange to the Committee on Invalid Pensions, ability of the metallic currencies at the Treasury, at the will of Also, a bill (H. R. 13755) granting a pension to Mrs. M. J. Ran the holder, may be maintained-to the Committee on Banking dall, of Mound City, Mo.-to the Committee on Invalid Pensions. and Currency. Also, a bill (H. R. 13756) granting a pension to Charles Maxon, Also, petition of H.K. Mulford Company, Philadelphia, in sup of Waldron, Mo.-to the Committee on Invalid Pensions. port of Senate bill No. 2283, amending the war-revenue reduction Also, a bill (H. R. 13757) granting a pension to Mary A. bill-to the Committee on Ways and Means. Stewart-to the Committee on Invalid Pensions. By Mr. HITT: Petition of 0. B. Bidwell, of Freeport, Ill., for Also, a bill (H. R. 13758) granting a pension to Elizabeth A. the prohibition of intoxicating liquors to native races in the Phil Beaver-to the Committee on Invalid Pensions. ippine Islands, Alaska, etc.-to the Committee on Alcoholic Liq Also, a bill (H. R.13759) granting a pension to Thomas J, Stock uor Traffic. ton-to the Committee on Invalid Pensions. By Mr. JOHNSTON: Petition of Laving, Humphreys & Co. Also, a bill (H. R. 13760) to remove the charge of desertion and others, of Hinton, W. Va., to accompany House bill No. 5295, standing against James Stephenson, alias Stevenson-to the Com for the repeal of the bankruptcy act of 1898-to the Committee on mittee on Military Affairs. the Judiciary. · Also, a bill (H. R. 13761) granting a pension to Mary F. By Mr. KING: Petition of the Independent Order of Odd Fel Parcher-to the Committee on Invalid Pensions. lows and Knights of Pythias, of Salt Lake City, Utah, asking that Also, a bill (H. R. 13762) granting a pension to George F. a certain portion of the ground near Fort Douglas Military Res Mire-to the Committee on Invalid Pensions. ervation be set apart for cemetery use for said orders-to the Also, a bill (H. R. 13763) for the relief of Thomas Clark-to the Committee on the Public Lands. Committee on War Claims. By Mr. KLEBERG: Petition of the keeper and surfmen of Also, a bill (H. R. 13764) to correct the military record of W. H. Saluria life-saving station, asking for fucrease of salary as keepers Self-to the Committee on Military Affairs. in the United States Life-Saving Service-to the Committee on Also, a bill (H. R.13765) granting a pension to Christina Don Interstate and Foreign Commerce. ley-to the Committee on Invalid Pensions. By Mr. NEEDHAM: Petition of Mary E. Hyatt, and papers, to Also, a bill (H. R. 13766) for the relief of the heirs of Eliza accompany House bill No. 13333 for extension of patent-to the Breckenridge-to the Committee on Claims. Committee on Patents. Also, petition of citizens of the Seventh Congressional district of California, favoring anti-polygamy amendment to the Constitu PETITIONS, ETC. tion-to the Committee on the Judiciary. Under clause 1 of Rule XXII, the following petitions and papers By Mr. NORTON of South Carolina: Petition of W. L. Downey were laid on the Clerk·s desk and referred as follows: and 7 other letter carriers of Charleston, S. C., praying for the By Mr. BERRY: Petition.of theinterual-revenuegaugers, store passage of House bill No. 10315, relating to certain claims of letter keepers, etc., of the Sixth revenue district of Kentucky, for suffi carriers for pay for extra services-to the Committee on Claims. cient appropriation to provide for their vacation without loss of By Mr. O'rJEN: Petition of the Milwaukee Chamber of Com pay-to the Committee on Appropriations. merce, in favor of a forest reserve and national park-to the Com By Mr. BOWERSOCK: Resolutions of the Commercial Club of mittee on Indian Affairs. Topeka, Kans., against dividing the water of the Arkansas River Also, petition of the Wisconsin Teachers' Association, relating in Colorado-to the Committee on the Public Lands. to reorganizing the Educational Department-to the Committee Also, resolutions of the Good Roads Association of Kansas, on Education. favoring an appropriation for public highways-to the Committee Also, petition of Casimer Gouski and others, relating to the erec on Agriculture. tion of a monument to Count Casimer Pulaski-to the Committee By Mr. BURKE of South Dakota: Resolution of the Commer- on the Library, 1901., OONGRESSION AL- RECORD=SEN ATE., 1283 By Mr. ROBINSON of Indiana: Petition of Rev. J. D. Brosy A bill (H. R. 12039) authorizing the Dewey Hotel Company to and 70 other citizens of Auburn, Ind., favoring anti-poligamy construct and maintain an electric and steam conduit on Stanton amendment to the Constitution-to the Committee on the Judi- alley; ci~ . A bill {H. R. 13067) to enlarge the powers of the courts of the ~yMr.ROBINSONofNebraska: PapertoaccompanyHo?seb1ll District of Columbia in cases involving delinquent children, and for the relief of Joseph M. Campbell and Stephen Blacksmith-to for other purposes; the Committee on Indian Affairs. ' A bill (H. R. 13279) to enable the directors of Providence Hos Also, petition of officers and members of the Presbytery of Nio pital to increase the accommodations of that institution; brara, Nebr., in favor of an amendment to the Constitution against A bill (H. R.13371) to authorize advances from the Treas~ry_of polygamy-to the Committee on the Judiciary. the United States for the support of the government of the D1Str1ct By Mr. RUPPERT: Petition of the Merchants' Association of of Columbia; New York, urging a sufficient appropriation to maintain a.nd ex A bill (H. R.13607) to provide additional force at the workhouse .tend the postal tubular system in the city of New York-to the and the almshouse, District of Columbia; and Committee on the Post-Office and Post-Roads. A bill (H. R. 13706) regulating assessments for water mains in Also, resolutions of the National Wholesale Druggists' Associa the District of Colnm bia. tion, opposing the free distribution of medicinal remedies-to the ENROLLED BILLS SIGNED, Committee on Agriculture. By Mr. RUSSELL: Petition of Norwich, Conn., Indian Associa The message also announced that the Speaker of the House had tion, relative to an adequat.eand permanentsupplyoflivingwater signed the following enrolled bills; and they were thereupon for irrigation purposes for the Pima and Papago Indians-to the signed by the President pro tempore: Committee on Indian Affairs. A bill (H. R. 5048) to confirm in trust to the city of Albuquerque, Also, papers to accompany House bill granting an increase of in the Territory of New Mexico, the town of Albuquerque grant, pension to Abbie T. Daniels-to the Committee on Invalid Pen and for other purposes; and sions. A bill (H. R. 12548) to authorize the construction of a bridge By Mr. RYAN of New York: Petition of Merchants' Association across the Mississippi River at or near Grays Point, Missouri of New York, favoring continuance of postal tubular system-to PETITCONS AND MEMORIALS. the Committee on the Post-Office and Post-Roads. The PRESIDENT pro tempore presented a petition of sundry Also, resolutions of the National Wholesale Druggists' Associa citizens of Dunbar, Pa., praying for the enactment of legislation tion, opposing the free distribution of medicinal remedies-to the to prohibit the sale of intoxicating liquors to native races in Committee on Agriculture. Africa; which was referred to the Committee on Foreign Rela By Mr. VAN VOORHIS: Paper to accompany House bill grant tions. ing an increase of pension to Solomon D. Sturtz-to the Commit· Mr. KEAN presented a petition of sundry citizens of Camden, tee on Invalid Pensions. N. J., praying for the enactment ~f legislation reimbursing them Also, paper to accompany House bill granting an increase of for overtime made as letter carriers; which was ordered to lie on pension to George W. Brill-to tha Committee on Invalid Pen on the table. sions. He also presented a petition of sundry citizens of Barnegat, N. J., By Mr. YOUNG: Letters of George W. Wagner & Co. and and a petition of the Woman's Christian Temperance Union of John F. Graff, of Philadelphia, Pa., favoring such legislation as Cranbury Station, N. J., praying for the enactment of legislation will strengthen onr maritime position-to the Committee EJn the to prohibit the sale of intoxicating liquor to native races in Africa; Merchant Marine and Fisheries. which were referred to the Committee on Foreign Relations. Also, petition of H. B. Colesworthy, of Hornellsville, N. Y., fa· He also presented petitions of sundry citizens of Warren County; .voring the bill for the 1·eclassification of the Railway Mail Serv of H. M. Loveland, of Cohansey; of the New Jersey Dairy Union, ice-to the Committee on the Post-Office and Post-Roads. and of the New Jersey State board of agriculture, all in the State Also, resolutions of Naval Command, No. 1, Spanish-American of New Jersey, praying for the enactment of the so-called Grout War Veterans, in opposition to the passage of the Army bill as bill, to regulate the manufacture and sale of oleomargarine; which now pending-to the Committee on Military Affairs. were referred to the Committee on Agriculture and Forestry. Also, petition of H.K. Mulford Company, Philadelphia, Pa., in He also presented petitions of sundry citizens of Orange, South favor of Senate bill No. 2283, amending the war-revenue reduction Boundbrook, and Newark, and of the Woman's Home and For bill-to the Committee on Ways and Means. eign Missionary Society of the First Presbyterian Church of New ark, all in the State of New Jersey, praying for the adoption of an amendment to the Constitution to prohibit polygamy; which were SENATE. referred to the Committee on the Judiciary. l\Ir. TELLER presented a petition of sundry citizens of Colo TUESDAY, January 22, 1901. rado, praying for the adoption of an amendment to the Consti Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. tution to prohibit polygamy; which was referred to the Commit The Secretary proceeded to read the Journal of yesterday's pro tee on the Judiciary. ceedings, when, on request of Mr. GALLINGER, and by unanimous l!iir. ALLEN presented a petition of sundry citizens of Aurora, consent, the further reading was dispensed with. Nebr., praying for the enactment of the so-called Grout bill, to The PRESIDENT pro tempore. Without objection, the J our regulate the manufacture and sale of oleomargarine; which was nal will stand approved. referred to the Committee on Agriculture and Forestry. VISITORS TO .ANNAPOLIS. Mr. SCOTT presented a petition of sundry citizenfl of West Virginia, praying for the ena-ctm~nt of legislation to provide a The PRESIDENT pro tempore appointed Mr. PENROSE and Mr. national memorial home for aged and infirm colored peop!e; MARTIN members of the Board of Visitors on the part of the Sen which was referred to the Committee on Education and Labor. ate to attend the next annual examination of cadets at the Naval Mr. FOSTER presented memorials of sundry citizens of Wood Academy at Annapolis, Md., under the requirements of the act land and Kalama, all in the State of Washington, remonstrating of February 14, 1879. against the adoption of certain amendments to the so-called ship MESSAGE FROM THE HOUSE. . subsidy bill; which were ordered to lie on the table. A message from the House of Representatives, by Mr. W. J. Mr. PLATT of New York presented a petition of the NewYork BROWNING, its Chief Clerk, announced that the House had passed Board of Trade and Transportation, praying for the construction the bill (S. 3252) to establish a Branch Soldiers' Home at or near of an easterly breakwater at Point Judith, Rhode Island; which Johnson City, Washington County, Tenn. was referred to the Committee on Commerce. The message also announced that the House had passed the fol He also presented a petition of sundry citizens of New York, lowing bills; in which it requested the concurrence of the Senate: praying for the enactment of the so-called Grout bill, to regulate A bill (H. R. 428) to amend the law establishing a port of de the manufacture and sale of oleomargarine; which was referred livery at Des Moines, Iowa; to the Committee on Agriculture and Forestry. A bill (H. R. 10305) to provide a home for aged and infirm col Mr. McCOMAS present~d the petition of John Q. Everson, ored people; 'Mark W. Watson, and sundry other citizens of Allegheny County, A bill (H. R. 11881) to amend an act entitled "An act for the Pa., praying that their claims be referred to the Court of Claims; protection of birds, preservation of game, and for the prevention which was referred to the Committee on Claims. of its sale during certain closed seasons in tke District of Co Mr. THURSTON. I present a petition of the legislature of the lumbia;" Stat.a of Nebraska, praying for the enactment of legislation pro A bill (H. R. 12396) to amend an act entitled "An act tempo viding for the establishment of a school of mines in every State rarily to provide revenue and a civil government for Porto Rico, where such a school does not exist. I ask that the petition be and for other purposes," approved April 12, 1900, and to increase printed in the RECORD and refen·ed to the Committee on Mines and the salary of the commissioner of education provided for by Mining. said act; There being no objection, the petition was referred to the