' } .·
1890. CONGRESSIONAL RECORD-SENATE. 2223
mittee on Labor discharged, and referred to the Committee on Com Floris, Iowa, for service-}lension bill-t-0 the Committee on Invalid merce. Pensions. A bill (H. R 285) providing payment for paving the alley adjoining Also, petition of Richland (Iowa) Monthly Meeting of Friends, against the United States Government building in Des Moines, Iowa-Com increased expenditure for Navy and coast defonses- to the Committee mittee on Public Buildings and Grounds discharged, and referred to on Naval Aftairs. the Committee on Claims. By Mr. MILLIKJ·:N: Petition of Mrs. Annie E. Tallman, for a pen sion-to the Committee on Invalid Pensions. By Mr. MONTGO~IERY: Petition of Capt. E. H. "Whittinghille, for PETITIONS, ETC. pension-to the Committee on Invalid Pensions. Under clause 1 of Rule XXII, the following petitions and papers B.r Mr. MOREY: :Memorial of Cresar's Creek Monthly Meeting of were delivered the Clerk and referred as follows: Friends, Ohio, for peaceful methods of settling national disputes and By Mr. ANDREW: Papers to accompany H. R. 6156, granting a controversies-to the Committee on Military Affairs. \ I pension to John D. Creighton-to the Committee on Invalid Pensions. By Mr. MORROW: Memorial from Oakland Union of Carpenters and By Mr. BOOTHUA.N: Resolutionsof Bond Post, No.24, Grand Army Joiners of Oakland, Cal.-to the Committee on Labor. of the Republic, Department of Ohio, in favor of the per diem rated By l\Ir. NIEDRI~GHAUS: Petition to accompany H. R. 6i80, to service-pension bill-to the Committee on Invalid Pensions. refund license fees to officers of steam-vessel<;-to the Committee on By Mr. BROWNE, of Virginia: Resolution of the council of the Merchant Marine aud Fisheries. cit,y of Fredericksburgb, Va., for road to national cemetery-to the By Mr. OSBORN"E: Hesolutionsof National Encampment Union Yet Committee on Military Affairs. eran Legion, favoring the selection of General A. L. Pearson as one of By ltlr. CARUTH: Petition to accompany a bill for the relief of the board of managers of National Soldiers1 Home-to the Committee Thomas Crawford, of Louisville, Ky.-to the Committee on Pensions. on Military Affairs. By .Mr. CHIP~fAN: Petition of school district No. 7 of the township By :Mr. POST: Petition of Jacob Hoffman and 20 others, employes of Dearborn, Michigan, for certain land for school purposes-to the Com and employers, engaged in the manufacture of cigars in Peoria, Ill., for mittee on the Public Lands. the retention of the tax on cigars and the internal-revenue system By Mr. DE LANO: Petition from Cyrus B. Martin and 76 others, citi which protects brands and trade-marks-to the Committee on Ways and zens of the town of Norwich, N. Y., asking the speedy passage of Honse Means. bill 584, the ~::tme being in the interest of the American silk industry Also, papers in the case of F. H. Ferris-to the Committee on Mili to the Committee on Wavs and .Means. tary Affairs. By Mr. ELLIS: Proof~ and \Onchers to l>e filed with H. R. 7951, for Also, resolution of Peoria (Ill.) Typographical Union, No. 29, for the the relief of Campbell H. Johnson-to the Committee on Invalid Pen p~ge of Senate bill No. 232-to the Committee on Printing. sions. By Mr. SMIT.IT, of Arizona: Remonstrance from citizens of Arizona By ?\fr. FLICK: Concurrent resolution of the senate and house of against the passage of a land court bill to settle Spanish Ol" Mexican representative ~ of the State of Iowa, urging such legislation by Con land grants in Arizona-to the Committee on Private Land Claims. gress us will require all railroad cars used in interstate commerce to be By Mr. STRUBLE: Resolutions of Wallor Post, No. 223, Grand equjpped with uniform safe automatic couplers and power automatic Army of the Republic, Milford, Iowa, urging the pas.5age of the serv brakes-to the Committee on Commerce. ice-pension bill-to the Committee on Invalid Pensions. By Mr. FUN'STO:N: Resolutions of a mass meeting of old soldiers at Also, resolutions from Sidney Fuller Post, No. 458, Grand Army of Garnett, Kans., March 7, 1890-totheCommitteeon Invalid Pensions. tbe Republic, Oto, Iowa, for same purpose-to the Committee on In By Mr. GIB ON: Petition of citizens of Caroline and Dorchester valid Pensions.
Couuties1 for survey of "Linchester River," Maryland-to the Com Also, resolutions from McDowell Post, No. 391, Grand Army of the mittee on Rivers and Harbors. Republic, Early, Iowa, for same purpose-to the Committee on Invalid By Mr. GHEENHALGE: Petition of Nancy E. Hardy, for relief-to Pensions. the Committee on Invalid Pensions. By Ur. GROSVENOH.: Petition of E. P. Brooks and a great num ber of ex-soldiers of Meigs County, Ohio, favoring a service pension- to the Committee on Invalid Pensions. . SENATE. By Mr. GHOUT: Memorial of T. S. Peck and others, in farnr of a FRIDAY, March 14, 1890. pension for George H. Brown-to the Committee on Invalid Pensions. Also, testimony relating to the bill granting a pension to Mary Mor Prayer by the Chaplain, Rev. J. G. BuTI~ER, D. D. gan Edson-to the Committee on Invalid Pensions. The J omnal of yesterday's proceedings was read and approved. By-Mr. HAYNES: Petition and memru'ial of F. W. Alrnrd and 168 EXECUTIVE COill....'lJNICATIONS. others, citizens of Sandusky. Ohio, praying for the erection of a monu The PRESIDENT pro tempo1·e laid before the Senate a communica ment at Put-in Bn.y, Ohio, to commemorate Oliver Hazard Perry and tion from the Secreta.ry of the Interior, stating, in response to a reso others who participated in the naval battle of Lake Erie on the 10th lution of March 10, 1890, t.hat the questions relating t-0 the withhold day of September, 1813-to the Committee on the Library. ing of patents for lands within the limits of the grant to the Union Also, petition and memorial of G. E. d. John and 70 others, of Port Pacific Railroad Company which are free from all claims and were not Clinton, Ohio, for thesame purpose-to the Committee on the Librnry. reser,ed at the date of the definite location of the company's road, are By Mr. HENDERSON, of Iowa: Hesolntion of the Twenty-third Gen still under consideration in the Interior Department, and for want of eral Assembly of Iowa, favoring legislation in the construction of such time the inquiry in regard thereto has not yet been completed; and railroad couplings as will protect the lives and limbs of railroad em that, as the report of the Commissioner of the General Land Office is ployes-to the Committee on Commerce. part of the record in the matter under consideration and is subject to Also, petition of Amos Crow, for increase of pension-to the Com be affirmed or reversed by the action of the Secretary, it should not at mittee on Invalid Pensions. present be promulgated. . Also, resolutions passed by J. M. Holbrook Post, No. 342, Gra.ud Army The communication was read. of the Republic, Department of Iowa, Delhi, Dela.ware County, Iowa 1 The PRESIDENT pro tempore. The resolution to which this com urging the passage of the service-pension bill-to the Committee on In munication is a response was offered by the junior Senato1· from Kan valid Pensions. sas [Ur. PLUMB], and it will lie upon the table until he shall come in. By Mr. HERMANN: Petition of citizens of The Dalles, Oregon, to The PRESIDENT pro tempore laid before the Senate a communica sell Fort Dalles military reservation-to the Committee on Military tion from the Secretary of the Interior, transmitting, in response to a Affairs. re.solution of Uarch 31 1890, a report from the Commissioner of In Also, petition of citizens of Oregon, asking for the forfeiture of the dian Affairs relative to persons who b:we been added to the member Northern Pacific Railroad land grant between Wallnla and Portland, ship of the Sac and Fox Indians; which was read. Oregon-to the Committee on the Public Lands. The PHESIDENT pro tempore. The re:;olution to which this com By Ur. HITT: Petition of John Bain and 38 others, citizens of Ro munication is a response was also offered by the junior Senator from chelle, Ill., for con \'erting Pipestone re5ervation into a national park Kansas [Ur. PLDIB], and, in the absence of suggestion, will lie upon and locating an Indian industrial school therein-to the Committee the table without further order until he shall come in. on Indian Affairs. By 1\Ir. KELLEY: Petition of J. D. Smith and 46 others, soldiers of HOUSE BILLS REFERRED. Woodson County, Kansa,s, asking for the passage of a service-pension The following bills received yesterday from the House of Represent bill-to the Committee on Invalid Pensions. atives were severally read twice by their titles, and referred to the Also, petition of Otter Creek Lodge, F. M. B. A., asking for free Committee on Indian Affairs: coinage of silver, a liberal system of pension, for abolition of national A bill (H. R. 347) to grant the right.of way to the Galena, Guthrie banking system, for a la.w providing for election of United States Sen and Western Railway Company through the Indian Territory, ancl for ators by a direct vote of the people, for a reduction of tariff on articles other purposes; of necessity-to the Committee on Coinage, Weights, and Measures. A bill (H. R. 7509) granting to the Palouse and Spokane Railway a By Mr. LACEY: Petition of Grand Army of the Republic post, right of way through the Nez Perce Indian reservation in Idaho; and . ' 2224 CONGRESSIONAL -RECORD-SENATE. MARCH 14,
A bill (H. R. 7754) granting right of way to Little Falls, l'ifille Lacs ADJOURNl\IENT TO ]IQ:YDAY. and Lake Superior Railroad across Mille Lacs Indian reservation. The bill (H. R. 1590) to ratify an act entitled "An aet to provide Mr. VEST. I move that when the Senate adjourn to-clay, it be to for a wagon-road between l\Iount Idaho, in Idaho County, and Little meet on Monday next. Salmon Meadows, in 'Vashington County, in Idaho Territory" was The motion was agreed to. read twice by itq title, and l'eferred to tbe Committee on Territorie8. RATE OF Dl"TEREST O.N TAX ARREA.RAGES. The bill (H. H. 3940) to amencl an act entitled ''An act to extend the Mr. Mcl\IlLLAN. I am directed by the Committee on the District fees of certain officers over the Territories of New Mexico and Arizona. '' of Columbia, to whom was referred the bill (H. R. 5179) fixing the rate was read twice by its title, and referred to tbe Committee on the Judi of interest to be charged on arrearages of general and special taxes now ciary. due the District of Columbia if paid within a time specified, to report PETITIO~S A 'D :i\IE~IORIALS. it with an amendment, and I ask unanimous consent for its iqi.mediat;e. The PRESIDENT pro tempore presented the memorial of C.H. Bnbb, consideration. ofDewart, Pa., remonstmting against an increase of the present rate By unanimous consent, the Senate, as in Committee of the Whole, of duty on tfo plate; which was referred to the Committee on Finance. proceeded \o consider the bill. It provides that the rate of interest to He also presented the petition of Elvir::i. Hoaglin, of Lake, in the be collected of any pe1-son owing arrea~ages of general taxes prior to July 1, 1888 or assessments forsperialimprovements, including the lay State of l\lichigan, widow of Jefferson Hoaglin, late of Company L, 1 First Regiment, Ohio Heavy Artillery, praying to be allowed ::i. widow's ing of water mains, now due to and the liens for which are held by the pension; which was referred to the Committee on Pensions. District of Columbia, shall be 6 per cent. per annum, in lieu of the rate Mr. SAWYER presented a resolution adopted by members of Po and penalties now fixed by law and of all accrued costs. · mona Grange, of Rock"Connty, Wisconsin, remonstrating against the The amendment of the Committee on the District of Columbia was, demonetization of sih·er and favoring its free coinage; which was re in line 11, to strike ont "April~ ' and insert "June;" so as to make the ferred to the Committee on Finance. proviso read: Provided, That thi! provision shall only apply to taxes and assessments paid Mr. PADDOCK presented a petition of the Farmers' Alliance, of on or before the 30th day of June, 1890. Bennett, Fillmore County, Nebraska, praying that efforts be made by the Government to secure the removal of unreasonable restrictions 'J'he amendment was agreed to. upon our export trade in meats; which was referred to the Committee The bill was reported to the Senate as amended, and the amendment on Finance. was concurred in. lli. SHERMAN presented a petition of S. W. Brown and 49 other The amendment was ordered to be engrossed and the bill to be read a third time. legal voters in the county of Holmes, Mississippi, praying for the pas sage of a national law secaring a free ballot and an honest count in all The bill was read the third time, and passed. electjons of Representatives in Congress, and tbat, in addition, such laws DISTRICT TAX SALES. mn.y be passed by Con,\!re.ss as it may 11ave power to enact for the en Mr. VANCE. I am directed by the Committee on the District of forcement of the fifteenth amendment to the Constitution; which was Columbia, to whom was referred the bill (H. R. 5825) prescribing the referred to the Committee on Privileges and Elections. times for sales and for notices of sales of property in the District of He also presented a memorial of Hazlett Post, No. 81, Department Columbia for overdue taxes, to report it without amendment, and to of Ohio, Grand Army of the Republic, remonstrating against the pas ask for its immediate consideration. sage of the dependent-pension bill and praying for the passage of the By unanimous consent, the Senate, as in Committee of the Whole, service-pension bill; which was referred to the Committee ou Pensions. proceeded to consider the bill. He also presented a petition of J. Tevis Post, No. 560, Department It proposes to require the commissioners of the District of Columbia of Ohio, Grand Army of the Republic, praying for the passage of the to prepare a list of all taxes on real property in the District, subject to service-pension bill; which was referred to the Committee on Pensions. taxation, on which taxes are levied and in arrears on the 1st of July, .Mr. STEWART presented forty-nine petitions signed by 1,849 mem · 1889, and each and every year thereafter (including all taxes due to the bers of the Farmers' Alliance and citizens of Nebraska, praying for late corporations of Washington City, Georgetown, the levy court of the free coinage of silver; which were referred to the Committee on the county of Washington, and the District of Columbia). The com Finance. missioners are to publish the same with a notice of sale in a pamphlet Mr. BLAIR presented the petition of A. W. Hawkins and 66 otbers, of which not less tban 3,000 copies shall be printed for distribution to citizens of Athens, Ga., praying for the passage of the edµcational bill; fax-payers applying therefor. which was ordered to lie on the table. On the first Tuesday in .April, 1890, and the third Tuesday in March He also presented a petition of 62 citizens of the United States, pray of each year thereafter, thecommissionersaretogivenoticewhichshall ing for the passage of a. national Sunday-reat law; which was referred contain the name of each and every person in which each piece of to the Committee on Education and Labor. property is assessed, together with the amount of assessment upon each ~Ir. MOODY presented a petition 34 citizens of Andover, S. Dak., piece, by advertising twice a week for three successive weeks in the and a petition of 21 citizens of the same place, praying for the free regular issue of two or more daily newspapers published in the Dis coinage of silver; which were referred to the Committee on Finance. trict, that the pamphlet has been printed and that a copy thereof will REPORTS OF CO.'.\DIITTEES. be delivered to any fax-payer applyint? therefor at the office of the com missioners, and that if the taxes due, together with the penalties and Mr. MANDERSON, from the Committee on Uilitary Affairs, to whom costs that :nay have accrued thereon, shall not be paid prior to the day was referred the bill (S. 2455) making appropriation for the improve fixed for sale the property will be sold, under the direction of the com ment of the military reservation known as Fort 'Valla Walla, in the missioners, at public auction, at the office of the collector of ta.xes, com State of Washington, reported it without amendment, and submitted mencing three weeks after the first publication of the notice and con a report thereon. tinuing on each following day, Sunday and legal holidays excepted, l\lr.SPOONER,from the Committee on Public Buildings and Grounds, until all the delinquent property is sold. whom was referred the bill (S. 2714) for the erection of a public build to l\fr. SHERUAN. I will ask if that is a House bill? ing at the city of Aurora, Ill., reported it with a.n amendment. The PRESIDENT It is a House bill. Mr. VEST, from the Committee on Commerce, to whom were re pro tempore. ferred the following bills, reported them severally without amendment: Mr. SHERMAN. Then it is all right. I noticed that the other Honse A bill (H. R. 505) for the construction of a railroad and wagon bridge bad passed such a bill. The bill was reported to the Senate without amendment, ordered to across the :Mississippi River at South St. Panl: :Minn.; a third res.ding, read the third time, and passed. A bill (H. R. 507) granting the counties of Hennepin and Dakota, Minnesota, the right to build two bridges across the Minnesota River; CHRIST CHURCH PROPERTY IN WASHINGTON. and :rt1r. VANCE. A Senate bill quit-claiming the title of the Govern A bill (H. R. 5667) to amend an act to authorize the construction of ment to certain property in this city was passed by this body, sent to a bridge across Trail Creek, in the city of Michigan City, Ind. the other House, and wa.s there slightly amended in the matter of des l\fr. WASHBURN, from the Committee on Commerce, to whom was ignating more particularly the property, I am instructed by the Com referred the bill (S. 2730) to authorize the construction ofa bridge across mittee on the District of Columbia to report it favorably and recommend the St. Louis River at the most accessible point between the States of the adoption of the House amendment and to ask for its immediate Minnesota and Wisconsin, reported it with amendments. consideration. Mr. FRYE, from the Committee on Commerce, to whom was referred The PRESIDENT pro temporc. The title of the bill will be stated. the bill (S. 2842) to establish wind-signal display stations at Thunder The CHIEF CLERK. A bill (S. 296) vesting in the vestry of Christ :Bay and l'iliddle Islands, Lake Huron, reported it with amendments. Church, Washington Parish, District of Columbia, aJI of the right, title, He also, from the same committee, reported a bill (S. 3122) to amend and interest of the United States of America in and to square south of section 4426 of the Revised Statutes of the United States, ''Regulation square 1092 in the city of Washington, District aforesaid. of steam-vessels;" which was read twice by its title. The PRESIDENT pro tempore. The am~ndments of the House ot Mr. VEST, from the Committee on Commerce, to whom was referred Reoresentatives will be stated. the bill (H. R. 3876) authorizing t:he construction of a bridge across the The CHIEF CLERK. In line 7, after the word ''Parish,'' insert ''other· Red River of the North, reported it with amendments. wise called the vestry of Washington Parish." ' . J ,...... : - ..... ' .t -· 1890. CONGRESSIONAL RECORD-SENATE. .- 2225
Amend the title by adding, after the word "aforesaid," "this beip.g hibit the importation and immigration of foreigners and aliens under an act to remove a cloud upon the title of said lot." contract or agreement to perform labor in the United States, its Terri The PRESIDENT pro tempore. Theqnestionison concurring in the tories, and the District of Columbia; which was read twice by its title, amendments made by the House of Representatives. and referred to the Committee on Immigration. The amendments were concurred in. He also introduced a bill (S. 3124) granting a pension to Catherine AN.ACOSTIA AND POTOMAC RIVER RAlLROAD. S. Lawrence; which was read twice by its title, and referred to the Committee on Pensions. Mr. FAULKNER. The bill (S. 1083) to amend the act giving the Mr. CHANDLER introduced a bill (S. 3125) for the relief of A. N. approval and sanction of Congress to the route and termini of the .An Kimball, and sureties on his official bond as receiver of public moneys; acostia and Potomac River Railroad, in the District of Columbia, was passed by the Senate and subsequently by the Honse of Representa which was read twice by its title, and referred to the Committee on Claims. · tives with an amendment. I am instructed by the Committee on the Mr. ALLISON introduced a. bill (S. 3126) to construct a public build District of Columbia. to report back the amendment and move the con ing at Oskaloosa, Iowa, and for other purposes; which was read twice currence of the Senate therein. by its title, and referred to the Committee on Public Buildings and The PRESIDENT pro tempore. The amendment of the House of Grounds. . Representatives will be stated. Mr. MANDERSON introduced a bill (S. 3127) amending an act en The CHIEF CLERK. In line 14, after the word " street," insert: titled ''An act to con. 12226 CONGRESSIONAL RECORD-SENATE. \MARCH 14, The PRESIDENT pro tempore. The question is on concurring in The Senator says the action of Congress is indicated by the passage the amendment made to the bill by the Hoose of Representatives. of this bill. This bill passed through the Senate without any attention Mr. VEST. Mr. President. my objection t;o the bill, and I state it being called to this clause in it which permits this compauy to violate very frankly, is to that provision in it which gives to this company the the general provision that was incorporated in the general District ap right to construct additional overhead electric wires in the District of propriation bill as it was passed during the last year. Then the ques Columbia. Senators will remember (at least those who were members tion was debated in the Senate. The provision prohibiting the erection of the last Congress) that the question of overhead electric wires was of overhead electric wires was resisted strenuously by the Senator from discusstd in granting the original charter of this company, and a reso Tennessee, and after a discussion lasting through the best part of two or lution "as passed by the Senate, after debate, instructing the Commit three days the District of Columbia Committee was instructed to report tee on the District of Columbia. to report legislation forbidding the con a resolution against this sort of thing. Now it is proposed by this same struction of overhead electric wires in this District. It is unnecessary corporation, which then rushed the work through, put up its posts upon to repe~.t the arguments pro and con bad in that discussion. New York avenue, and erected overhead wires, in the very first amend Whi!e that matter was pending in the Senate the District appropria ment that is proposed to its charter, to violate the general provision of tion hill was reported with a. provision prohibiting the construction of law. overhe:,d electric wires in the District after, I think, the 15th of last I assume the responsibility of oversight or ignorance, or whatever it September. That was the settled raJe and law of.the District in the may be, in permitting this bill to go through the Senate as it is, but it general enactment, as I understand it. The company proceeded with does not change my opinion; and on that aliSumption of responsibility a haste which was remarkable to construct its overhead wires along I reiterate my opposition to the whole system of overhead electric wires New York avenue, to erect its poles and put up the wires there, and in this District. managed t;o finish the work before the limitation of time fixed in the Mr. HALE. The Senator will remember, in the line in which he is general appropriation Jaw arrived. speaking, that after the contest to which he has alluded the best that Now, I take my part of responsibility fo.rnothavingobjected tothis Congress could do to preserve any rights, either in law or equity, that pro,·ision when the bill was passed through the Senate. I did not know these electric companies bad ever, in their discretion, condescended to tbe1 e was any such provision in the bill until my attention was caJled allow them, was to provide that, instead ofremoving their wires entirely, to it after it had passed the House of Representatives and come back they should be placed under ground whenever the commissioners deemed to us with this amendment. I am informed, for I claim to be no ex that that was safe. 'fhe upshot of that is, as the Senator says, that we pert in such matters myi::elf, that under parliamentary rules the body should have no electric wires overhead. The best that Congress would of the bill as it passed the Senate can not now be reached unless it vouchsafe to these companies was that they might be permitted to put should be by an amendment to the amendment which nullifiestbepro them under ground. vis10n in the main body of the bill to which I have referred-either .Mr. VEST. That is so. that or that the bill itself mast be rejected. Mr. HALE. The provision is found on page 804 of the statutes of ·. I have no other interest in this matter than that of any other Senator. last year. If the Senate now, in the teeth of the general enactment which was :Mr. VEST. I wish the Senator would read it. solemnly passed through both Houses of Congress, prohibiting over Mr. HALE. This is the provision giving that permission: head electric wires in this District, choose to violate that rule and to That the commissfonerR of the District of Columbia may hereafter, under give this company the right to put up these overhead electric wires upon such reasonable conditions as they may prescribe, authorize the overhead wires of any telegraph, telephone, or electric-light company to be laid under any North Capitol street, one of the handsomest avenues in the city, of street, alley, highwtt.yt footway, or sidewalk in the. District, whenever, in their course I can stand it if the rest of the Senate have no objection. That judgment, the public mterest may require the exercise of such authority, such is the whole case. privileges as may be granted hereunder to be revocable at the will of Congress without compensation, and this authority to continue only until the termina Mr. HARRIS. Mr. President, I do not understand the Senat.or from tion of ihe Fifty-first Congress. Missouri as objecting to the House amendment. His objection goes to Mr. VEST. That is my understanding of the condition of the legis the bill as it passed the Senate and as it passed the House of Repre lation now. I do not propose to go into the general subject of the fut sentatives. ure or the business of the future in the construction of overhead electric I have once or twice before stated upon this floor, and I will now re wires. The reviews of the country have been full of that discussion state, that there is not an electrical expert in .America who will not as by Mr. Westinghouse and Mr. Edison; experts have given their opin sure the Senator from Missouri, and every other Senator, that an elE>ctric ion, and some have said that 500 volts of electricityshotintoahuman current with an energy of 500 volts or less never endangers animal lifo; being do not endanger life. I simply say for myself that I want no that is not hurtful to man or brnte; nnd that a current with an ener~y such experiment on my body or that of any friend. We know that in of 500 volts is more than equal to propelling any line of street cars the city of New York this discussion bas resulted in the prohibition of within the limits of the District of Columbia. overhead electric wires and the officers of the companies holding that But, notwithstanding the objection of the Senator from Missouri, the monopoly there have refused to put their wires under ground. Such executive authority of this District, composed of three commissioners, is the consensus of opinion in the municipalities of the country to-day, wbofe duty it is to look well and carefully to the public interests within as I understand, and if electricians have changed their opinion it has this District, recommended the passage of this bill as it is. A com not changed the opinion of the American people in regard to this matter. mittee of nine Senators, especially appointed to look after District in No man driving his vehicle along the route of one of the roads that terests and District affairs, with absolute unanimity reported this bill. these electric wil'es are over wants to be exposed to the accident of the The Boa.rd of Trade of the city of Washingwn have recomme~ded its wire being detached and killing the anjmal be is driving, and perhaps pas ·age in its present form. A large number of persons outside have himself or a member of bis family, and I say now, as I said in a former re~mmended it. The Senat~ by its vote has recommended it. The debate, that one human life ought to be more to the Congress of the other House by its vote hasrer.ommended it. The whole world, so far United States than all the expenditure of money or consideration of as it has been consulted, seems to be decidedly in favor of it, except the convenience on the part of any corporation. We know what has been Senator from Mis..QQnri. the result elsewhere, and when an accident happens here we shall be I leave the Senate to decide between the Senator from Missouri and told that it will not happen again. That is no remedy to the man who, the District commissioners, the Senate Committee on the District of or whose family, has been killed, no matter what his position in life may Columbia, the action of the two Houses of Congress. I ask that the be. however humble. House amendment be concurred in, which will end this controversy for I propose to offer this amendment al; the end of the amendment of thepr~nt. the House of Representatives: Mr. VEST. Mr. President, the Senator from Tennessee [Mr. HAR Prodded, That no overhead wirea shall be used within the limits of this city. RISJ speaks of the action of the two Houses of Congress. The action of the two Houses of Congress was to the effect that no overhead elec The PRESIDENT p1·0 tempore. The Senator will send the amend tric wires should be pat up in this District after the 15th of September ment in writing to the desk. HARRIS. And upon that amendment raise the question of last. Mr. I Mr. HARRIS. The Senator will allow me to say that when he comes order that it is oat of order because it does not propose to mlldify the to scrutinize the legislation I think he will find that he states it very terms of the House amendment, but it is proposed as a modification of r much too strongly, but I do not care to go into that, and I do not in the body of the bilL tend to do so. Bat when I spoke of the action of the two Houses I The PRESIDENT pro tempure. The proposed amendment will be spoke of their action upon this bill, and the Senator from Missouri will read. remember that when this bill was under consideration in the Senate The CHIEF CLERK. The amendment is to add to the proposed new he and I dt'bated this electric feature here and then. section of the House of Representatives the following: 1\fr. VEST. Mr. President, I have no recollection of ever having Provided, That no overhead wires shsll i>e used within the limits of this city. noticed this provision in this bill until the bill came back from the The PRESIDENT pro tempore. The Senator from l\Iissouri proposes House of Representatives, and I immediately entered my dissent to it that the Senate agree to the amendment of the House with the amend as soon as I made that discovery. If anything was said in debate be ment read. tween the Senator from 'fennessee and myself, it WM not upon that Mr. SHERMAN. Mr. President, another answer that has been made feature of this bill at all, for I solemnly aver that I knew nothing about to the Senator from Missouri-- it, I have no recollection of it, and my attention was not called to it, The PRESIDENT pro tempore. The Senator from Tennessee, the or I should most unquestionably have objected at the time. Chair understands, raises a point of order. . ' '. . . ~- .. ,,- , ... / 1890. CONGRESSIONAL RECORD-SENATE. 2229 Mr. PADDOCK. Mr. President, referring to the description or the cial cities as Philadelphia, New York, Boston, and others that I might characterization of this enterprise given by the Senator from Vermont mention. But that there should be a bettering of present conditions [Mr. EDMUNDS] I desire to say, so far as I am concerned, that I know and an increase of railroads there can be no question; and I suggest, as nothing whatever of the enterprise, have no interest in it, and know I did the other day, that the proper method for their construct ion is nobody interested or connected with it directly or indirectly. I gave not that persons who may be interested in outside real estate, having my testimony as to the experience in Omaha respecting the system a speculative interest in property outside, should be permitted to dic there, because I felt it my duty to do so in defense of the system itself, tate a line of road by which their real estate shall be brought into mar and a year's experience ought to be pretty satisfactory evidence as to ket, but that there should be some demand either from a suburban or the fact whether it is a safe system or not. There has been no accident a city population along the proposed route to the commissione.s or to in that city and the roads there pass through streets where more busi· Congress praying that such road might be constructed, and the incep. ness is done than m any street in this town, and that of itself, I think, tion of the railroad should come from that demand for it. ought to be very fair evidence that it is a safe and secure system. When the demand is made, I submit that the District authorities Mr. HARRIS. I dislike very much to detain the Senate a moment and the proper committees of the two Houses of Congress should con longer, but I want to state two or three facts. sider the advisability of the road, and, if it is well that it should be I know that quite a number of deaths have occurred from electric constructed, then it seerus to me that these valuable franchises-for we shocks in this country, but in respect to every one of them that I have know from the profits made by the street-railway companies that these had the ability to run down and ascertain how they occurred, they re franchises are very valuable-should be granted to those who are ready sulted from the arc-light wire. The arc light can not be produced to pay for them, and there should be some method devised, and I hope and maintained with an energy less than from 1, 500 to 2, 500 volts, and in that it may be by the committees of Congress on the District, by which respect to every one of them that I have had the means of investigat these charters shall be given to those who are ready t6 pay the most ing, there is not one single death of a human being traceable to a rail money into the public Treasury for them. As it is now, these ritJ;hts io 1' road wire, because where the road is ordmarily smooth and level four the use of the streets are obtained to the immense profit·of a few indi : or five hundred volts give a power quite equal to propelling a train of viduals, and while it is true that they are for the public convenience street-cars. so far as the running of the cars and their use are concerned, there is no The road under consideration has used the maximum of 400 volts. profit to the general public, which is taxed to maintain the streets over It has been "in operation for now about a year and a half. It carried which the cars are propelled. over 500, 000 passengers in the :first year of its operation, and not a sin Now, so far as this road is concerned, I know bu,t littfe of its pro gle accident to man or brute has occurred by the operations of that roa ..: -.... \ 2230 OONGRESSIONAL RECORD-.SENATE. MARCII 14, ment in that cit.v that, after these three or four miles were constructed, the one used by the Eckington and Soldiers' Home Railway Company, in which the conduct-0rs are supported by poles situated in the middle of the street, is the the people were clamorous for the change of the horse-car systems of most sat,isfactory where there is sufficient width of carriage way for its employ that city to the electric-tramway system, and the result of it is that to ment. . day there are over 40 miles of of overhead electric kam ways in the city (4 ) The commissioners believe that the electrical system employed by this railway, the electro-motive force of which can never exceed 50U volts , is as safe of Omaha, as suggested by my colleague, and they are rapidly replac as any motive system ever employed by any railway. The Eckiugton Railway jng the horse cars. has never had a.ny accident whatever resulting from it employment of electric Mr. PADDOCK. I will say to my colleague that the horse-carroads motive power, and the commissioners believe this to be a.IS<• true of all other electric railways now in operation throughout the United States. in our system will be almost entirely replaced by the electric motors Tbe Eclr.ington Railway has been so admirably constructed and equipped, during the present season. its operation bas been so satisfactory to the public, a.nd its success has beeu c;o Mr. MANDERSON. Ihavenoquestionofthat. Ih~venoquestion mn<.' ll greater than its most sanguine friend!'! could have anticipated that the commissioners say without hesitation that the extensions provided for in this that that change will very speedily be made. I think that any one bill are generally in the public interest. They doubt, however, the advisa.bility who will investigate this subject will be satisfied that there is not the of authorizing the use of overhead wires on the First street branch within the element of dan~er in it that is dreaded. If there was I for one would city limits. as they consider that street too narro'Y for this purpose. This ob jection will be removed if, as the commissioners suggest, North Oapitol street be heartily in favor of t,his proposed amendment. should be substituted for First street in the company's charter, the former being .Mr. EDMUNDS. Are your streets level? con,.iderably wider than the latter. · 1\lr. MANDERSON. In the business part of the city there are level The corre~pondence with the president oflhe Eckington and Soldiers' Home Railway Company relative to this subject is herewith appended. streets, but back of it there are quite steep hills, and these electric cars Very respectfully, climb the bills with great ease. J. W. DOUGLASS, Pres-ident. Mr. EDMUNDS. But it takes more power to do that. Hon. J. J. INGALLS, Mr. l\IANDERSON. With the amount of electricity mentioned, Chairman Committee on District of Columbia, United States Senate. the maximum of 500 volts. there is no trouble about running up any DISTRICT OF COLUMBIA, hill that you find in the cities on the Missouri River, and the bluffs are 0FFIOE OF THE ENGI: I I .. 1890. CONGRESSIONAL RECORD-SENATE. 2231 ience to wagon and carriage traffic, L>ut a great convenience to that portion of overhead electric wire. The animal was kiJled, the buggy overturned, the people of the city who do not keep their own carriages, enabling them to Tea.ch the beautiful grounds of the Soldiers' Home quickly and cheaply. and the mayor knocked senseless out of it. Upon this point the committee submits the letter of the Rev. John J. Keane, The Senat.ors from Nebraska say that this system has operated well rector of the Catholic University, and the letter of the Wasllington Board of in Omaha. If testimony of that sort is to be adduced, I say that it T.rade, recommending the passage of the bill: has not operated well in Kansas City, l\Io., where I live• . The money THE CATHOLIC UNIVERSITY OF AMERICA, JVashinaton, D. C., December 11, 1889. was subscribed there to construct an electric road, the cars were put RESPECTED DEAR Sm: Permit me, in the name of the trustdiate y around Scott Circle. last-I can not see how he can vote for putting up these overhead Now, I do not propose to thrash over olci straw in regard to the d::m wires simply because they only traverse three blocks of the city and ger of so many volts of eleetricity to animal life. All that has been then a country road that runs out to Eckington and the Catholic Uni· discussed by the most eminent electricians in the world, and if Sena versity. tors will refer to the article in the North American Review, I think, Human life is just as dear upon that road as in any three blocks in for last month, or certainly the month before, by l't1r. Westinghouse. of the city or anywhere else; and the Senator supplements his statement Pittsburgh, who iii as eminent an electrician as Edison, they will find a b.Y saying that there will be a large amount of travel by the citizens of statementhy Mr. Westingbousethat:WOvoltsofelectricity from one bat Washin_gton making theirwaytothesuburbsduringthewarm months, tery or another is dangerous to human life, and Mr. Westrnghou e tates a1..1 argument directly re-enforcing my position in thiscase, Lhat where what every man of common sense, whether an expert or a layman, there is the more travel there is the more danger, and, therefore, the knows to be the truth, that no Procrustean rule can he laid down as to necessity for more caution on the part of Congress. the result of so many volts of electricity to any b nman being or 1n any I will not further detain the Senate, bot I ask for the yeas andnays animal, because it depends upon the nervous organization. which differs on the amendment of the Senator from Vermont.. in different animals and in the various members of the human family, as The PH.ESIDENT pro tmnpore. Is the Senate ready for the question? much so as the color of the eye or the hair or any part of the human body. The Sena.tor from Missouri asks that upon this question the yeas and What would kill some men would be simply a pleasing titillation to nays may be entered on the Journal. others. Think of a delicate woman riding in a vehicle along the course The yeas and nay~ were ordered. of this Eck'ington rail way and 300 vol ts ot electricity striking her; think The PRESIDENT pro tempore. The proposed amendment to the of it striking a. child; think of it striking an old person whose vitality amendment will be read. is diminished, and the effect would be very different from that pro l\Ir. HARRIS. I understood the Senator from Missouri [Mr. VEST] duced by it striking one who was a young, robust, and entirely heal thy to accept the amendment of the Senator from Vermont [Mr. EDMUNDS] man, and, as Mr. Westinghouse, in that article, in answer to Mr. Edi in lieu of bis. son, discussing the question of m·erbead electric wire::; in the city of 'l'he PRESIDENT pro tempore. That is correct. New York for any purpose, says, it is absolutely impossible to lay down The SECRETARY. It is proposed at the end of the amendment of a rule, and the question for a legislator is whether any human life is tile House of Representatives to add the following: in danger. That is the question, because the lives of the old and the That the authority of said company by this act or any other act conferred to feeble ought to be peculiarly under the protection of the legislation of erect or use overhead wires in it-> operations within the city of Washington Congress and of eYery other legislative body. shall absolutely cease and determine on tlle first day of July, A. D.189J. I prefer to take the opimon of Mr. Westinghouse and actual experi Mr. PLATT. As the yeas and nays have been ordered, I shall vote ment. Why, sir, when this debate was up before the incident was against this amendment, and I want, in a word or two, t.o give the rea given herea.n _, . ' ' ,. 2232 CONGRESSIONAL RECORD-SENATE. MAE.en 14, gards this amendment it seems to me that my vote for it would be con moval of a dangerous obstruction to the entrance of the ha'"rbor at Mil strued into the expression of a belief that there was such a danger from waukee, Wis.; and it was thereupon signed by the President pro tem these overhead wires that they ought not to be permitted, and that is pore. the ground on which I shall vote against the amendment. EXECUTIVE COM!\IUNICATIONS. The PRESIDENT pro tempore. The hour of 2 o'clock having ar The PR.ESIDENT pro tempore laid before the Se.nate a letter from rived, the Chair Jays before the Senate the unfinished business, w.hich the Secretary of the Treasury, transmitting a communication from the is the bill (S. 185) toaid in the establishment and temporary support of Secretary of State, asking for an additi9nal appropriation of $35,000 to common schools. meet the expenses of the International Marine Conference held in Wash l\Ir. HARRIS. I ask the Senator from New Hampshire to allow the ington; which was referred to the Committee on Appropriations, and unfinished business to be informally iaid aside in order that we may ordered to be printed. finish this question. If it leads to any extended debate I shall not He also laid befure the Senate a letter from the Secretary of the Treas trespass upon the Senate, but if we are ready to take the vote I shall ury, transmittin~ a communication from the Sixth Auditor of the Treas '\ be glad to have the bill disposed of. ury, calling attention to the inadeq oate accommodations providerl for l\Ir. BLAIR.. The Senator from Colorado [M:r. TELLER] was about the use of his office; which was referred to the Committee on Appro to take the floor on the school bill. priations, and ordered to be printed. :Mr. HARRIS. If the railroad bill leads to any further debate I HOUSE BILL REFERRED. shall not press myrequest. Mr. BLAIR. Very well. The bill (H. R. 5067) for the relief of Archibald Hunley was read The PRESIDENT pro tempore. The roll-call will be proceeded with. twice by its title, and referred to the Committee on Military Affairs. The Secretary pr0ceeded to call the roll. INTRODUCTION OF CO~TAGIOUS DISEASES. Mr. EVART$ (when his name was called). "J am paired with the The PRESIDENT pro tempore laid before the Senate the amendments Senator from Alabama [Mr. MORGAN], and therefore withhold my of the House of R.epresentatives to the bill (S.140) to prevent the in vote. troduction of contagious diseases from one State to another, and for the Mr. FAULKNER. (when his name was called). I am paired with punishment of certain offenses; which were referred to the Committee the Senator from Pennsylvania [Mr. QUAY]. · on Epidemic Diseas€s. Mr. MITCHELL (when his name was called). I am paired with the senior Senator from West Virginia [Mr. KENN A]. I should vote ''yea.'' URGENT DEFICIENCY APPROPRIATION BILL. if he were here. Mr. HALE. I report, from the Committee on AppropTiat\ons, with Mr. STOCKBRIDGE (when his name was called). I am paired with amendments, the bill (H. R. 7496) to provide for certain of the most urgent deficiencies in the appropriations for the service of the Govern the Senator from North Carolina [Mr. RANSOM J1 and therefore withhold my vote. ment for the fiscal year ending June 30,.1890, and for other purposes. The roll-call was concluded. I give notice that on Monday next I shall ask the Senate to take up Mr. PLAIT. I am paired generally with the Senator from Virginia the bill and consider it until it is passed. fMr. BARBOUR]. As he is not in the Chamber, I will not vote upon The PRESIDENT pro tempore. Meanwhile tvb· will be placed this amendment. If he were here, I should vote ''nay." on the Calendar. · Mr. CULLOM (after having voted in the affirmative). I voted a .A.ID TO COMMON SCHOOLS. moment ago, but I notice the Senator from Delaware [Mr. GRAY], with The Senate, as in Committee of the Whole, resumed the considera whom I have a general pair, is not present, and I therefore withdraw tion of the bill (S. 185) to aid in the establishment and temporary sup my vote. port of common schools. Mr. FARWELL. !inquire if the Senator fromFlorida [Mr. PASco] Mr. TELLE.R. Mr. President, the educational bil1, commonly called has voted? the Blair bill, has been before the Senate in some form at every session The PRESIDENT pro tempore. He is not recorded. of Congress during the last ten years, or if at not every session at least Mr. FARWELL. Then I withhold my vote. in every Congress during that time. More than ten years ago a bill The result was announced-yeas 371 nays 13; as follows: passed this body, but failed in the other House, with similar purposes YEAS-37. and similar aims with the present bill. I have from time to time dig... Aldrich, Coke, Ham pt.on, Reagan, cussed the measure. I have committed myself as thoroughly as I Allen, Dawes, Hawl"y, Squire, coald to its principle, both as a member of this body and as a mem· Allison, Dixon, Hearst, Teller, ber of the 6xecutive branch of the Government. Bate, Dolph, Ri.ggins, Vest, Berry, Edmunds, JJiscock, Wo.ltha.ll, I admit that in the ten years which have intervened since we first Blackbum, Eustis, McPherson, Washburn, commenced this d_iscussion. there have been great changes, and there Blair, Frye, MorriU, "Wilson of Iowa. is, perhaps, necessity for som" change in the pending bill. The relation Casey. George, Payne, Chandler, Gorman, Pettigrew, of the colored people in the South to the white people of that section Cockrell, Ha.le, Pierce, of the country is somewhat different to-day from what it was ten NAYS-13. yeara ago. I had intended to content myself with a silent vote in Blodgett, Jonesof Arkansas, Sawyer, Wilson of Md. favor of the bill, but the very remarkable character of the discussion in Call, McMillan, Sherman, the last few days has induced me to express my opinion upon the bill Harris, Manderson, Spooner, Ingalls, Pad.dock, Stewart, and upon some questions connected with this debate. Mr. President, we all admitted in the days of reconstruction that ABSENT-32. there was a great problem to be solved. It was not my fortune at that Barbour, Davis, Kenna, Quay, time to be engaged in the legislative department of the Government. ::~. ~:;!"v~u. :~~~;~· ~.b1:1c1. I bad the voice only of an American citizen. I want to say now, for Butler, Faulkner, Morgan, Stockbridge, fear I may forget it, that I was one of those who advocated the exten Cameron, Gibson, Pasco, Tur pie, Colquitt, Gray, Platt, Vance, sion of suffrage to the colored people, and that I have no apologies to Cullom, Hoar, Plumb, Voorhees, make; noram Iwillin~ to admit, on the contrary I deny, that it was a Daniel, JonesofNevada, Pugh, Wolcott. mistakeor a blunder. You can not maintain the integrity of any coun So the amendment of 1r1r. EDMUNDS was agreed to. tr,1 and insure prosperity to all classes unless all classes stand on one The PRESIDENT pro ternpore. The question recurs on agreeing to political plane. That is elementary; and he who does not admit it has the amendment of the House of Representatives as amended. yet much to learn. The amendment as amended was concurred in. We knew that those men were unfitted for the exercise in the highest Mr. EDMUNDS subsequently said: I enter a motion to reconsider and best manner of the rights of A mtrican citizens. We knew also that the vote of the Senate by whicP. it agreed to the Home amendment side by side with them would go to the ballot box men of our own color, to the bill (S. 157) to amend the charter of the Eckington and Soldiers' no better fitted by education, by aspiration, to exercise the right of citi Home Railway Company, with an amendment. zenship than they; but they were "to the manner born." They came MESSAGE FROM THE HOUSE. here not by their will, but by ours. If they were ignorant and debased it was the ignorance that we bad kept them in. If it bad been a crime .A message from the Honse of Representatives, by Mr. McPHERSON, for a generation and more to teach them to read, it was our fault, and its Clerk, announced that the House had passed the bill (S.140) to pre not theirs. If there was deep degradation amongst this great ma~s of vent the introduction of contagious diseases from one State t-0 another, men that we were putting into the body-politic, it was not their fault and for the punishment of certain offenses, with amendments in which nor was it ours in the North. It was the fa.alt of circumstances sur it requested the concurrence of the Senate. rounding their condition, as to which I will not now complain of the The message also announced that the Honse had passed the bill (H. people of the South. R. 5067) for the relief ot A.rchibald Hunley; in which it requested the What were we to do with them? Were they to be aliens in the1andof concurrence of the Senate. their birth? Were they to be subjected to all the duties of citizenship ENJ.WLLED BIL.L SIGNED. without any of its rights? If they became the owners of property were The message further announced that the Speaker of the House had they to be taxed? Nobody in this country would have submitted to that signed the enrolled bill (S. 1701) making an appropriation for the re- and agreed that if they became ownen:i of property they should not be ·, . I :.. .. • • I ·. I 1890. CONGRESSIONAL RECORD-SENATE. 2233 taxed. If they were to bear their portion of the burdens of society they vote for a. bill that gives to Mississippi millions where it gives nomi had a right, as have all people who bear those burdens, who are here nally a useless sum to my State? Does any Senator suppose that the to be permanent and actual residents without their will or without beneficences we are offering on the part of the Government is with a de their wish, to p::trticipate in all the advantages. sign to take posseasion of the school fund and of the school system? If So when we were met with that problem I was one who did not wait he does, why has not he or any other Senator on that side moved to ,to see how the people of the South were going to treat the colored race make the bill so certain that that can not be done if that does not ex in that region, whether they were to deny to them or to give to them ist? But does not that erist in this bill? Does not every man know privileges, because with me it has ever been a fundamental principle that one of the objections which have been made against this bill, and that all me~ must stand on a politic:il pla.ne alike if you will have har the only possible objection that has been made in the North, was that mony and a homogeneous condition of affaira. by it we surrendered the absolute control to the people of the South? I admit to the fullest extent the difficuities that surround the ques That is a merit in the bill according to my view. I am in favor of sur tion. I admit to the fullest extent the difflculty of two races inhar rendering the entire use of this money to the South; I am in favor of monious, two races non-homogeneous, living together on terms of per giving them an opportunity to use it as they see fit, and if they almse fect political equality; and I admit that with so much difference be the beneficence of the General Government it will be time enough for tween these two races as there is it will be utteriy impossible for them us then to complain. I shall not complain until that is done. I shall ever to remain together in social equality. not for myself assert that there is any more danger of Mississippi, Ala I do not admit that this problem is so great that it may not be solved, bama, and Georgia perverting the use of the fund than I would if it because if I did I should despair of the l{epublic. If the Southern went to my own State. I do not believe that they can afford to do it people and the negroes can not live together in a state of political equal or that they will do it. · ity and political harmony, there is an end of republican government Mr. President, there is nothing in the bill that indicates hostility on in one-third at least of the area of the United States. our part. There is everything in the bill that indicates generosity on When I say this I am not insensible tothe great foskth::tt the3e peo;>le oar part; there is everything in the bill that indicates sympathy on our in the South have. I sympathize with them. I have thought much part; there is everything in the bill that indicates a desire on our part .. - upon this subject, and I am not prepared to say now t.lmt I have aay to assist these people in solving this problem. key to the solution of this great problem; but realizing ten years a.go If there is any solution of this problem at all, if it is possible for the that this problem was as great as it is now, realizing that the problem negroes of the South and the white men of the South to live on terms was here to be solved in some way, and believing, as the Senator from of political equality, of fair neighborly friendship, it must come by the Mississippi who sits nearest to me [Ur. GEORGE] said the other day that elevation of the colored race. If the South is willing and able to try he did, that education might in somerespects help to solve the problem, that alone, we of the North ought not to complain; but if they lack I have steadily, on all occasions, voted for this and every otber meas either the desire or the ability, it is right and proper, as I have repeat ure that might help the people of that country to solve this question. edly said, that we should come to their aid. l'IIr. President, I do not think this is a. political question. I am I was surprised when I came into this Chamber day before yesterday averse ordinarily to the discussion of political questions. I now speak to hear the Senator from Mississippi who sits nearest to me complain of it as a political question as distinguished in the two great political that he h!ld stood here in the Senate day by day and listened to denun parties. I do not think it is a political question in that sense of the ciations of the Southern people. l\Ir. President, I have .been as carefol term, and yet I ltO' think it is the greatest politicaJ question that has an attendant upon the Senate as any member of this body for the last been presented for our consideration. It seems to me that it is a prob five years, and for more than five years before, when I was a member lem so great that when we approach it we should approach it not in of this body; and while I was not a member, in the time between, I was the temper, I am sorry to say~ in which it has been approached by some so connected with the affairs of the Government that I had every op Senators on the other side of the Chamber, as it seems to me, within portunity to lmow what occurred here; and I say to the Senator that the last two days. be must have drawn slightly upon his imagination-evidently that is I do not believe it is profitable to-day to discuss the questions that suggested-when he says that day by day the Southern people have are past and gone in connection with the war. What profit would it been denounced. be for us to spend a week here in discussing whether slavery was a di I began my public career in this body as a member of a committee of vine institution or whether it was justified by proper economic prin investigation into affairs in Mississippi. It would not please the Sena ciples? If we should attempt it we would find some men here and tor from Mississippi for me to detail what appeared before that commit some men out of here who are in favor probably of that proposition, tee. Subsequently I went with a committee to Louisiana and Sooth •. but we should find the great mass of men against it. What difference Carolina. There were things produced before both committees that does it make? Slavery has passed away. As to who is responsible for it would not be pleasing to the Senators from Mississippi or any other that has nothing to do with the present condition. Who were right in section of that country to be.i.r repeated now. Has the Senator heard 1859 and 1860 previous to the war in the great questions that led up to me in the long time he has known me in this body bring forward these the war is not now to be considered. We have enough to do in ad facts to disgrace his community? dressing oucielves to present difficulties, present troubles. Mr. GEORGE. I have not. . Believing as I did, as I say the Senator from Mississippi did, that Mr. TELLER. Or to charge him? the solution of this question could be, in a measure at least, aided by Mr. GEORGE. I have not. education, I introduced more than ten years ago a bill in this body. Mr. TELLER. Has he heard anybody who has done so from the re More than ten years ago from the seat where the Senator from l\faine ports we made? [Mr. FRYE] now sits, I stated that I was willing to pour out with un Mr. President, I have no more disposition to denounce the people of stinted band the treasure of the United States t-0 the Southern people Mississippi than I have the people of Massachusetts or Colorado. They to be used in solving this question, if it could be so done; and when are my fellow countrymen, and if they are degraded men I degrade my . '• I made that statement I uttered a sentiment that pervaded the entire self when I charge it. My sympathies are strong enouJl:h and broad North. It was not exclusively mine. It was not common to my sec enough to get beyond the State's lines of the State in which I Iive, and tion of the country alone; it was a sentiment that the people of the I am not unlike, in that particular, the great body of the American whole country entertained: "Show us how you can better your con people. If bad men in Mississippi, if ba.d men in South Carolina, if dition there by the use of money, and we, the richest part oft he country, bad men in Georgia, and other sections of the conntry commit crimes will pay it with willingness and gladness if it will do somethin~ to and atrocities, it can be attributed in a great degree to the peculiar wardR bettering your condition." If the colored people are educated and remarkable condition of affairs in that country; and when I con and if the white people are educated, there can be no question that the demn those outrages it is not necessary that. anybody should infer or chances are atleast that they will live together on better terms than if suppose that I am condemning the great mass of men in those States. they are steeped in ignorance. Recently a citizen of Indiana went down into Mississippi. He was I have said here again and again, and it is a fact patent to all, that fearfully outraged. I have no idea myself that the mass of the people ignorance and vice go hand in band, and when you have got a com had anythin~ to do with it. I heard one of the Senators from that munity steepP.d in ignorance you have got a community steeped in State, if not both Senators, say on this floor that it was not defensible, crime. The terms are correlative, and one means the same thing practi and of conl"'3e it was not defensible. When it was suggested that we cally as the other. What a vicious colored man in ignorance would do, wanted the facts before this body, the Senator from Mississippi who an intelligent colored man would scorn to be guilty of; and it is no less sits nearest to me took the floor, and I believe the resolution still lies true of him than it.is of the white man. Education does not simply on the table. What objection could there be to giving the truthful consist in reading and writing and mathematical demonstrations; it is statement of the affair to the people of the United States? Would it the elevation of the moral as well as the intellectual man. not have shown, if the Senator was correct, that but a little portion of When we attempt out of the great amount of money on hand to put the community: and they not the best, had participated in it? The forth this effort and pay some money, we are met by the men who are mistake the Senators from that section of the country make is that opposed to the bill with a charge that we are inimical and hQstile to whenever this question has come op, whenever we stand for decent the best interests of the South. It is that which I want to deny more treatment of every man in this laud, they assum,e that it is an atta-0k than to make an argument upon this bill. upon the whole people of that part of the country. Why should I want to vote for a bill that gives to Alabama $6,000,000 A United States officer was killed in Florida. I should probably where it gives a few thousands to my State? Why should I want to. have to travel all over Florida to find a dozen men who would not co~- • I -'I 2234 CONGRESSIONAL RECORD-SENATE. MARCH 14, demn the act; yet when the question was brought here as to whethe1· tional power that we have to do you a benefit, and we voted it with we would make an inquiry the Senators from Florida., at least one of unstinted hands. You have had from the Chief Executive of this na them, took the floor and in a remarkable speech, remarkable delivered tion more than one message to this body and t he other in your special anywhere, more than remarkable delivered in this Chamber, held that interest with reference to that great river. You have no other interest resolution fur days, and I do not know but that it is still held. that has ever come here that bas not met a ready response on our part. 1\fr. President, every citizen of the United States is entitled to tbe When you said you wanted half a million dollars Jor the Charle ,ton protection either of his State government or of the General Govern- Harbor, a city where rebellion first started, a city of all cities in the ment. If Mississippi outrages a citizen of Ohio or Indiana, Indiana or Union against which there was likely to be prejudice, we gave it with Ohio can not call upon Uississippi to respond, but the United States may. a liberal hand. The people of t he North have ever stood by and re Only in extreme cases, not in a sporadic case, not when, here and there, garded these benefactions extended to you as the proper thing for ns there was an occurrence of tl.le kind that doubtless occurred at Aber- to do. If you came here to-nay in a body and said you wanted $:W,OuO, deen, would anyhod.vpretend that the General Government should in- 000 a year for education, you would get it by the united vote of the • terfere to protect the citizen of one State any more than it should to have repre entatives of the Northern people. protected a citizen of Mi... sis. ippi if a mob had outraged him. But if The reason why you did not get this bill years and yen.rs ago was be the State of Mississippi should by any system, public or private, adopt cause you have been divided yourselves on this que tion and because a policy that would outrage every citizen of Indiana and Ohio who there has been a reluctance on the part of the Northern people to in weut i1 to its borders, then it wou.d be the duty of the General Gov- sist upon giving to you that which some of yon stated you did not need ernment to interfere. Such a state of affairs, I am happy to say, is not and did not want. Some, at least, have allowed their judgment to be chnrged upon any State in the Union. . guided by you on this subject. The impression made by the speeches within two or three days was Mr. President, I never meant to speak upon this question, simply th: t the great Northern sentiment was hostile to the South. There because I could not offer any solution. I do not know what can be ne' er was a greate1· mistake in the world. 'Ye have been proud of the done. I know what you can try. You can try to lilt up and elevate pn sperity that has come since the war to the South. We have been those who have been down-trodden, to put them on a higher intellect prcud of the-energy with which the people there undertook to rein- ual and moral plane; and wht>n you do that you will have onr aid. I st: te their shattered fortunes. \'{e were proud of their courage when do not want for myself drastic laws to compel you to treat them prop they met our men on battle-fields. ·why? Because they are blood of erly; I want you t" do it without. I want you to do it because it is our blood, part and parcel of our country. They are our brethren and right that it should be clone, and I am willing, so far as I am concerned, our fellow-citizens. There is no hostility an.vwhere to you. We are to trust you, to trust the people of that section, if they will but show willing you should work out this problem yourselrns, if you can do it, a disposition on their part to take hold and try to solve this great ques ar:u we stand rea-Oy with oar money, with onr advice, and with our tion; and if we can aid you we are ready and willing so to do. a:sistance, to help you on every possible occa ion; but we do not like We are not im:ensible to your difficulties. We know what they are. .' to have you tell us when we offer you a beneficent measure like this We know the dominant character of our race as depicted here from the that there is lurking back of it a design to destroy your institutions or seat in frnnt of me by the President pro iempore of the Senate. He did to precipitate a condition of affairs that might be precipitated where not say any too much. We know how careless they are of the rights the races are so diverse and antagonistic as there. of other n1en if those rights come in conflict with theirs. We make Mr. President, I have said, and I repeat it here, that if any states- due allowance for that. We have got it, and we pnt the question to man in the South, if anyhody in the South will bring here an inteHi- ourselves and say, "If met face to face with this great question, what gent measure to solve this question he will get my vote for it every would we do?" and the answer in our hearts lil, "We do not know." time, though it should put upon this nation a debt as grnat as we had We do not propose to be bitter or severe upon you if you do not come I· at t he du. e of the war. Money would be no consideration with the up to the full standard that we would set up to in the plane on which people of the Korth. Money would not be counted in the scale. We we Ji,e, where no difficulties come; but we do not want you to charge did not count money when the South undertook to establish a govern- us with hostility, with enmity. when the whole history everywhere in meat of its own; we did not count blood and we did not count treas- detail and in Juli shows that it is not true. Ask us in the spirit of ure, because we believed, as the Southern people now believe, that it brotherhood to meet you in solving this question _and you will find us would be a grea.t mistalrn to allow another government to be estab- there, whether it means our advice, whether it means that we shall carry lished within our border. We believed that the Southern people and in our minds the difficulties that surround you, or whether it means we could live in harmony. We believed that the future good of the that we should pour out the wealth of the country. Show us how we Republic demanded that there should be a unity of this people, that can help you and we are ready to do it, but do not taunt us with de they should be under one flag, with one aspiration, and with the same spising or bating. We barn forgotten the war. We could afford to hopes and with the same rights. forget it. Much as it cost, we could aiforrl to forget it, and we have That ic; the sentiment of the great North; that ia the sentiment of forgotten it; and we simply ask on your part that you too sha.11 for the people who have made this country rich and great. I speak now of get it_ what i\Ir. Lincoln called "the plain people." That is their sentiment Mr. GEORGE. Mr. President, I rise with a good deal of pleasure to everywhere. The plain people, the common people, if yon choo e so acknowledge the good temper ann the ~ood feeling exhibited in the to term them, the poor people, have filled up the South with their mis- speech of the Senator from Colorado [Ur. TELLER]. If all cf us on siouaries and with money. They have built and maintained schools iu both sides of the Chamber in dealing with this question, this great all sections of the South among the colored people. Men who are little problem to which he bas alluded, would bring to its solution, if soln a.ble to give have given w th freedom and with gladness, because they tion is po sible, the temper, the charity, the kindness, the good feel felt that they were taking part in solving this great problem. Do they ing, and the statesmanship exhibited by the Senator from Colorado, I do it with malice? Do they do it in anger? think a good deal of the trouble would be removed. There has never been an exhibition in the history of the conn try of I wanted merely to say that. I thought I ought to say that.. I can equal gt-nerosity. "When the war was over," said the Senator from say that without committing myself to an admission of the correctness So:ith Carolina [ Ir. BUTLER.] yesterday, ''we were willing to accept of several of the positions which the Senator's judgment dictated to anything-execution. expatriation, anything that you aid. 11 So yon him to take. were. When General Grant said, "Take your hor es ; you will need Mr. CULLOU. l\Ir. President- tbem to put in your spriog crops," be voiced the general sentiment of Mr. CALL. I ask the Senator from Illinois if he will allow me to the American Armv and the American people, and ever since we have offer a notice in writing in conformity with the mles? met these people with that sentiment. l\fr. CULLOM. Does the ,'enator desire to have it read? \Ve did give to the colored people the franchise. We gave it to them Mr. Cd.LL. I only wish to submit a i·esolution and this notice. becausewebelievedittobep.ecessaryfortbeirprotection. We believed ThePHESIDINGOFFICEI{ (Mr. DAWE in the chair). Does the it to be necessary for the welfare of the negro and the welfure of the Sena.tor from Illinois yield to the , enator from Florida? I • wbire man a.like, and in my jnd_gment to-day we did not make any Mr. CULLOM·. If it takes no time I ha\e no objection. mistake. What else could we have done? Would it have been del·ent Mr. CALL. It will take no further time than to submit a resolu- for uR to do anything else? It was the inevitable consequence of the tion and a notice, and have them read and ordered to be printed. condition that you your. elves bad broughtuponyonrselves; and I thank The PRESIDING OFFIOEll. Does the Senator from Illinois yield? , God tha.tyou did bring it on; and so ought you; for as much as the war Mr. CULLOM. I yield to allow the notice to be read. . cost in blood and in trea areitwas cheap, and aconsolidatedandaunited PROPOSED CILL"l\7GE OF RULE• people with common aspirations.and common hopes and common inter- est<:; a.re worth a tb1Jusand ti rues all it cost. The PRES IDING OFFICER. The ChiefClerk will read as requested. When que. tions relating to your material interests have come before The Chief Clerk read as follows: this body you have found our votes with you. We have leveed your R~l~iruU~n:1:i~tf~ll~~~:move on to-morrow to amend and modify clause2of great river in the interest, as we ha,ve said, of commerce, but in the in- "All information communicated or remarks made by a Sena.tor when acting terest in fact of the planters who live on its banks. Every dollar that on nominations • ' - I, 1890. CONGRESSIONAL RECORD-SENATE. 2235 Secretary, the Chief Clerk, the Principal Legislative Clerk, the Executive Clerk, usually large, an<'!, in langaage not to be misunderstood, reminds us I• and such officers as the Presiding Officer shall think necessary shall be sworn ''that in the midst of life we are in death.'' to secrecy. The object of this motion for change of xule is to allow the consideration of the Richard W. Townshend, whose death we mourn to-day, was born in ~i~'::.ination of Charles Swayne and Joseph N. St1ipling in open executive ses- Prince George's County, Maryland, April 30, ltl4U, aud died in this city WILKIN.SON CALL. March 9, 1889, being nearly forty-nine years old, having scarcely reached Mr. CALL. I submit a resolution in accordance with the notice, a::id the zenith of his ma~hood. . . I ask that it be read and printed in order that I may bring it up at the In early youth, while yet a boy, an orphai;i boy, he came to thi~ city, next meeting of the Senate Jor consideration. where he attended t~e schools,_ and for a time was a page-boy rn the The PRESIDING OFFICER. Does the Senator from illinois yield? Ilou~e of R~presentatives, of whi_cb_body he subsequently be~'lme, and Mr. CULLOM. I yield for the purpose of allowincr it to be read sim- contmued for many ye_ars, a dlStmgmshed member. While young ply, if it is not a very long resolution. 0 Townshend was?' P'.l'ge m the House, S. S. !~arshali, then an hon?red M CALL I h ll b t' fi d 'th b · 't · t d member from Illm01s and now au honored c1t1zen of that great Com- M r. CULLOM s ;he essa its e wi h av~fl:i;bi pri~ ~ ·d to h ve "t monwealth, became attached to him and advised him to t: O to Illinois, r. · ena or says e wi e sa is e a i which he did i rn-s Th h ta ht h l fi ti d ti LL printed as a. resolution without r~ading. It seems to be a long docu- . . n ~ · , ere e ug sc 00 or a me, an . na Y ment, and I hope be will be content with that. I desire to call up the studied _law m the Judges law office. He wa~ su~sequently licensed House resolutions relating to the death of the late Ur. Townshend. to practice l:l.w, ~vas soon elected cler~ o~ ~he ~1rc~1t. court? after~ards The PRESIDING OFFICER. What is the pleasure of the Senator I elected prosecutmg attorney for the Judicial circmt m which he hved, from Florida in regard to the notice and resolution submitted by him? j and became known as an a hle lawyer and pro~ecator...... 1.u.r."""" CULLOM, . I un d ersta n d th e s enato r f rom Flon 'd a s1mp· 1 y d e- · In ·ttho e days,· dwhen the State was· lessh densely populated,d h bTa Judicial d sires the resolution to be printed and laid on the table. circm compr_ise many n;ore counti~s t an n?wJ an t e a i ity an The PRESIDING OFFICER. Is there objection? valuable services of Mr. 'I~wnshend m protectmg. th~ peac~ and good Mr. CHANDLER. I call for the reading of it. order of the people made him a l?~ver ol strength 10 bis section. The PRESIDING OFFICER. The Secretar will aO"ain read the He ~as always a~ unc?m~romism~ De~?crat, and was ready to_de- t' Y 0 fend hlS party and its prmciple.q and policies on any proper occa.s1on. noTihce.Cb' f Cl k d d to d th t' b 'tt db M CALL He was a man of courage, was honest in what he avowed, a.nd was e 1e er procee e rea e no ice su m1 e y r. . th £ · · d - · h h' 1' · · H h ld Mr. CULLOM. The Senator from New Hampshire I underst:md e~e ore a~g_reSS1\e m ea1 mg wit . is :P~ itica.1 enemies. e e 'thd h. t ii th d" ' ' various pos1t10ns at the hands of his political fnends before he w. as w1 raws 1s reques or e rea mg. 1 d c · · · Mr. MURRILL. There is no permission to print except what has e ecte to ongress. As I have said, he was circrut cl~rk, prosecut1~g b d attorney, and was also long a memberofthe Democratic. tatecommit- e~~/~A.LL. That is a notice merely in accordance with the rule, t~e, and once or more.a dele~ale to the .J?emocra.tic national conven h' h · •t to b t ·u d · ·r I b •t ls tion. He was promrneot m the couoc1ls of hlS party becam;e he "! ic requires 1 . e su _mi e ID wr! rng. su mi a 0 a reso1 u- was recognized as wise and sagacious as a leader. In 1876 his career twn,_ and ~k that it be prmte_d and laid ou the table, to come up for as a member of Coocrress becrau b his election in his distri t in which cons1derat1on at the next meetmg of the Senate. . "' ...... Y . . c ' . The p H.ESIDING OFFICER. The enator fr1Jm Floi'ida bas sent to he ~vas electe~ six successive times, the l~t tune_ m 18ci8. In all this the Chair a resolution-- period ?f service ~e grew more and. more rn public favor, and stron.~er M CULLOM Th th S to. ·n 'thh 0 ld th t ii th as a legIBlatorand m the esteem of his collea~ues and all who knew bun. t r. · i ope e ena r wi wi a or e pres- Mr. President, there ha,·e been few public men so devoted to the in- en~Jr. CALL. It is the resolution referred to in the notice. terests of the people of theirdist~i~ts as was he; nev~r tiring~ always on Mr. FRYE. That jg the resolution the Seuator from Florida desires the ~lert, ernr watchful, ever toilmg, to work for his con t1tuents was to ha.ve urinted and laid on the table? to him. absoli:tel)'.' a lab~r ath of the Honomble Richard W. Townshend, late duties were placed upon him by the body to which he belonu:ed. He a. Hepresentative in that body from the State of Illinois. b f · · d'ffi · h Resolved, That as a mark of sympathy toward the family of the deceased the was a mem er o man_y important committees at 1 ereot times, sue Secretary of the 8enate be directed to transmit to them a copy of these proceed- as the Judiciary and Appropriations, and d nring the last Congress, if ings. not in more than one Congress, was chairman of the Committee on Mr. CUI.LOM. Mr. President, I ask the attention of the Senate .Military Affairs. He took great pride in the latter position, aod was while I submit some remarks appropriate to the occasion suggested by liberal in his consideration of the needs of the Army, and appreciated tho resolutionjast read. We are again· called upon to pay our tribute its important relation to the Government. He was greatly interested of respect to the memory of a decea~d member of Congtess, Richard in the National Military School at West Point, where, as members of Wellington Townshend, a Representative from the State of Illinois. It the Board of Visitors, we met with others but a few years ago to in vesti is :fittiug that the Senate shall pause from it.s ordinary labors and ex- gate its condition and needs. .. · press its appreciation of the life and character ot the deceased. He was greatly interested in and strongly advocated the congreRS o1 Mr. President, the death-roll of the present Congress has been un- the .American States which is now in session in this city a!ld which l \. ; ~ I '. 2236 CONGRESSIONAL RECORD-SENATE. MARCH 14, 'trust and believe will result in binding together socially, commercial1y, tionate and his ways were so pleasant that all who were associated with and politicalfy the people of the United States, the Republic of Mexico, him felt an interest in bis success. and all the states of Central and South .America. He had both boldness and ambit.ion, and these pushed him on, but I can not undertake, on an occasion like this, Mr. President, to make be constantly increased in mental stature, and whenever I met him I even a passing reference to the many measures of public utility with was impressed with the growth in the reach of his mind. which Mr. Townshend was closely identified. Ou the 9th of March last, His industry was so patent that all who have spoken of him have now a few days more than one year ago, his labors, struggles, and conflicts made mentioit of it; and in the great work which the Honse of Repre ended, and he passed forever from sight. His work was done, he fin sentatives performs he bore a more and more conspicuous part. His ished bis course, and he has gone, I trust, where suffering and conflict service upon important committees there shows the estimation in which are no more. he was held, and tbe people whom he served attested their confideace Mr. President, these sad occasions seem to occur o often in Congress in him by giving him what few men have ever had in this country, seven that we are apt to pass over them lightly. The Senate will be called successive elections. upon to pause several times before this session closes to pay tribute to I can well believe that sadness pervaded his district, Mr. President, those who were elected to the present Con_zress and who have passed when the people heard of their great loss and knew that the man who away: Cox, that brilliant learl er of the Democratic side of the House bad so faithfully and ably represented them had been cut down in his and friend to humanity in the broadest sen e, is gone; Kelley, that prime. great advocate of protection to American lahor and industry, has gone; To all appearance one month before his death Mr. Townshend might Newton W. Nutting, of New York, James Laird, of Nebraska, and Ed count upon a most enviable future public life. Ile bad an admiring, ward J. Gay, of Louisiana, have passed away, making six in number unquestioning constituency. He had laid broad and deep the founda thus early in the present Congress who were elected to it and are now tions for wide inBuence in Congress. He was a man of the people and no more. frosted by the people. He bad filled his mind with special knowledge Such occasions are solemn, Mr. President, and to me the more often derived from close study into social, economic, and financial questions they occur the more startling and solemn they seem. Mr. Townshend and had broadened it by wide general reading. was a man of great social qualities. He was fond of his friends and to To the ordinary view, few men had better promise of a far-reaching have them around him. He was kindly and friendly in his nature and political career, crowned with the Republic's higher honors; but no sought to make all his friends. He was a devoted hu ·- : . . }. : ·- . 1890. CONGRESSIONAL RECORD-SENATE. 2227 Mr. HARRIS. I do. more and Ohio Railroad it would be settled from now on more rapidly ' The PRE~IDENTpro tempore. The Chair will hear suggestions upon than any portion of the city bas been. that point. Mr. SHEl{MAN. Yes. Mr. President, the route of this proposed Mr. Bl::IERfrIAN. I have no desire to speak to the point of order. new road is not settled at all, because the great body of it, from .Bound Mr. HALE. What is the point of order'? ary street to the Soldiers' Home, the land has only been opened very The PRESIDENT pro tempore. The Senator from Missouri moves to recently, within a year, and there is not a. house on the line. so that it amend the amendment of the House of Representatives. It will be is not settled. It is eqnalJy true that the ·construction of this railroad read again. by a very enterprising citizen of this city-because it was mainly done The Chief Clerk read the proposed amendment of Mr. VEST. by him-along its present route to the Catholic University has opened The Pl{ESIDE~T pro t€mpore. The Senator from Tennessee raises up to settlementaconsiderableregion of country, and a very largenum tbe point of order that this can not be received, as not being germane ber of buildings are being erected along the line of' the railroad in con to the subject of the amendment made to the bill by the Honse of Rep- sequence of the railroad being constructed there, and no part of the resentatives. city is likely to be more prosperous aud to grow more rapidly than the Mr. HARRIS. It does not modify or change the principle of the section traversed by this line of railroad. Hou"e amendment, but is intended to affect and to change the body of I intend to stand by the protection of life in this city and never to the bill as agreed to in the Senate and as agreed to in the House of Hep- vote for a proposition for a railroad within the heart of the city t!J.at reseutatives. It is intended tor no other purpose and can perform no will not secure to the people absolute security against the po:.sibj!jty of other office or have any other effect than that. danger by electric wires, as to which there is some danger certaH1ly; but r. HALE. I only say that it would be a remarkable thing in the I would not apply this rule to the extension of an existing line throu!!h · tory of the Senate, so far as I know of, if an amendment of that kind a region that is not now populated and where everybody who is inter- ere held not to be in order. ested at all desires it to be constructed. The Pl{E::HDENT pro tempore. The Chair would be inclined to hold It was fully understood when the matter was debated the other day that the amendment, under the practice and custom of the Senate, was and the bill passed the Senate; this very thing was discussed; and I am in order. only surr,rised that, with the usual prompt attendance of the Senator Mr. McPHERSON. Can wehavetbeamendmentof the House again from Missouri and his usual observation of what is going on, he clidnot reported? I notice it, because I think e>erybody else who was here noticed the clis- The PRESIDENT pro tempore. The title of the bill will be stated, tinction made in this bill between the extension of the line throag;h a and the amendment of the Hon<>e will be again reported, together witli new country and that which extended through the older and settled the amendment proposed by the Senator from Missouri. Iportions of the city. The Chief Clerk read the title of the bill, the amendment of the House Mr. FAuLKNER. I want to state to the Senator from Ohio also, in of Representatives, and the amendment therelio proposed by Mr. VEST. the line of his argument, that the bill when it was introd. need and snb- Mr. SHElUiAN. Ur. President, there is another answer to the Sen- mitted to the committee contemplated the road going through another ator from Missouri besides the one made by the Senator from Tennes- street than North Capitol street, but when it was submitted to ~he see, nnd that is that there is no authority in this bill to this railroad commissioners of the District of Columbia they suggested that it would company to have overhead wires except in a region of 1ihe city now be more proper to require the road to go through North Capitol street, practically without inhabitants. As I remember the terms of it when as it was a wide street and the poles could be put up there without it was up before and was thoroughly discussed, the branch that is al- any inconvenience to the public generally. It was through the advice lowed to have the overhead wrres is the branch along North Capitol given and the suggestions made by the commissioners of the District street beyond New York avenue. that this line was changed so as t-0 cover about oue or two squares within Mr. HARRIS. Which is only one or two squares this side of the the.boundary on North Capitol street, which is a very wide street. northern boundary of the city. .M:r. SHERMAN. I know that North Capiliol street is wider than Mr. SHERMAN. I submit to the Senator from Missouri, whether even New York avenue. I think North Capitol street is 130 feet wide, it would be fair to this corporation to enact this legislation. It has, in and there is no difficulty in putting a line of poles in the center of the my judgment, erected the most beautiful specimen of an electric rail- street and having plenty of room on either side. road now in the Un Hied States, as has been stated and I believe correctly- Mr. HA.LE. Mr. President, the Senator from Ohio [Mr. SHER:UAN J the specimen from Seventh street to North Capitol street. They propose is more moderate in his desires as·to extending these electric railroads now to erect a line along North Capitol street and an extension to the throughout the city of Washington than either the projectors of this Soldiers' Home, which will be a great convenience of. a suburban enterprise or some of the Senators who favor it. character to the people of Washington, seeking generally in the holidays If the argument of the Senator from Tennessee [Mr. Ha.Rms] amounts some retreat iike the Soldiers' Horne park. It is only onesquarnfrom to anything, it is that it will be a benefaction to the inhabitants of the present line of this railroad to Boundary street, so that it only goes Washington for these roads to traverse their streets everywhere, and through in the city of Washington one square probably of about six or the experience of Senators in the past ought to teach them that this is I eight hundred feet. Senators must be familiar with the ground and simply an enterprise in the direction of making constant encroachment / must know it. Beyond thatitexte"ndsnpanew roadjnstopened without upon the highways and streets of this city. any houses or hahitations upon it. It is purely a suburban extension These enterprises are not called for in the beginning by the inhab of the present road. Now to require them in this space of six or eight itants of any section either in the populated parts of the city or in the hundred feet to establish a different system or mode of moti>e-power suburbs. A company or an individual purchases available lands out or replacem~nt of the wires would be simply idle and futile. side of the populated parts of the city and seeks to open those lands by Therefore it is that, although I am in Javor of the amendment that getting Congress to charter an electric railroad. The committees o f has been read, which was made to the law last year, not, at present at the two Houses having the subject in charge and the bodies themselves least, to allow any railroads to a considerable extent to come within· are importuneu until at last their consent is given upon the proposition the city of Washington with electric wires, except under ground or in that this is intended to be a suburban road. When this road which is some condition of absolntt> safety, yet I have no question whatever in the subject of debate here now was first chartered it was stated to the voting for the proposition to allow this company to continue its line Senate under the most solemn and repeated asseverations that no at along North Capitol street to the Soldiers' Home. To that there can tempt would ever be made to bring these dangi;rous wires, or wires be no objection. which many people believed to be dangerous, into the populated part Mr. HARRIS. The Senator from Ohio will allow me to refresh bis of the -city; but no sooner bad the company organized and built it.<> memory. This bill provides in explicit terms that ou that branch within road and developed its lines and began to look out than human nature the traveled part of the city, if electric cables or wires are used, they prevailed with them and they sought to penetrate the other portions of shall be put under ground, and the overhead wires provided for are the city, and the Senate may go on and may grant this little encroach on that part of the line running out from North Capitol street, as the ment, may give this inch, anfl it will find in the end the ell will be de Senator bas correctly stated, I forget whether it is one or two squares, mantled. You can not let these companies into a single street where but not exceeding two squares within the boundaries of the city and the population of the City is now thickly settled but that it will be made •I in a pa.rt of the city where there are searcely any buildings on either a precedent for another demand, and if you let them into North Capitol side of North Capitol st eet. street along the line described by the Senator from Ohio, while he is Mr. SHERMAN. The Senator correctly states that this very bill sincere in what he says now that nothing more will be asked for, he provide.s that within the city proper in inhabited places the wires have will find himself confronted within one year from now with a demand to be under ground. But when you go lio the outskirts of the city at that it be extended farther and brought into all the great avenues and the junction of North Capitol street and New York avenue, which we streets of the city that we ought to keep sacred for ourselves and our have all traversed over a. hundred times, and probably I have a thou- children and the future generations that will come her.e to this great sand times, and from that point on to Boundary street and so on to city. Soldiers' Home, there is no considerable number of inhabitants, and The argument, as I have said, of the Senator from Tennessee does every one of them. so far as I know, is in favor of the measure. not blink this. He does not commit himself to the proposition that he Mr. VEST. I should like to ask the Senator from Ohio whe~her it will not come in here afterwards and ask that these roads be extended is not the fach that that portion of the city is being rapidly settled up, Iover all our streets, but he boldly takes the offensive and declares that and whether he did not agree with me the other day in the discussion these roads are not only practical, convenient, and profitable, but in of another measure here that if it were not for the nuisance of the Balti- their operation are to the benefit of the public generally; and if there .• .- . : 2228 CONGRESSIONAL RECORD-SENATE. MARCH 14, is anything to be derived from this argument it is that horse-railways Mr. SHERMAN. That is the name of the avenue going t.o the and cable-railways, and underground rn.ilwavs should give way to elec- cemetery. tric lines placed overhead. - . Mr. EDM~DS. I do not know that the name makes any great Now, Mr. President, whether or not the Senator can demonstrate to difference. .If1t be the present road that goes up to that cemetery, itis his satisfaction that the percentage of death or destruction or injury is a greatpubhc thoroughfare, where perhaps more people go in the course very small under this system, still, as the Senator from .Mis.souri has of a year, up and down from New York avenue to Glenwood Cemetery said, it has been tried in New York, and there have been casualties and to the top of the hill on the side of the Soldiers' Home, than in al most calamities, a~cidents occurring there which have aronsed the pr~ an.r otbe_r thoroughfare out of this city; and if that is the place, it is in and the pubhc, and to-day they are committed against these electric fimtely unproper to put up overhead electric wires, if it be improper to wires overhead; but the companies do not cease their struO'crle thereand put them up in front of this Capitol. hereand they will continue it, and the only wav for the S~~ate to main Now, the bill authorizes that, for its limitation is: tain its ground safely is to hold these parties tO the orie:inal conditions That if ele.ctric wires or cables are used to propel its cars over said streets and keep them in the suburban regions-that is bad enough-and let from New York a.venue and Fifth to Fifteenth street, northwest, the same shall be placed under ground. them take care of themselves there. Mr. PADDOCK. At Omah:i,, Nebr., a remarkab]v flourishin~ and Leaving authority to run it on Lincoln avenue, wherever that may active bus~ness town, w'e have, during the last year and a half, put in go, from end to end or from point to point, as well as on North Capi over 40 miles of the overhead wire system of electric roads. Before the tol street, and all . the way on New York avenue from North Capitol commencement of the construction of our system we had the same street to the Soldiers' Home. I am decidedly opposed to it, Mr. Presi prejudices, the same apprehensions as to the danuers and uncertainties dent, and I shall offer in a minute, with the consent of my friend from ... of electric roads that have been expressed here by the Senator from Mis M~ouri [Mr. VEST], a substitute for his amendment, something to souri [Mr. VEST] and the Senator from Maine [Mr. HALE], but after strike at the root of the whole matter, the order of which I take it a year or more of opemtion of our system there is no citizen of Omaha nobody will question, ' ' who would not be glad to have it on every street in the town. There Now, I want to say a word about North Capitol street, that is repre has been no death, no accident of any kind or nature, that I remember. sented to be a lonely r?ral p~ace. Perhaps it is,. but l;\nybody who will go We were satisfied by the investigations which were made before the to the north end of thIS Capitol and look out of its windows will SP.e that actual work of putting up the wires commenced that there could be no North Capitol street is, in its original design and in its present outlines, Cf:anger, and by the opera~ion of al.l the roads in our extensive system perhaps the noblest avenue that there is in the whole District of Co smce we have become satisfied entirely that the apprehensions at first lumbia. It has failed to become populated by the peoole of this town entertained we!e n:ot well grounded, and we shall be very glad indeed, and by the people of wealth and leisure who come here; as it otherwise so far as that city 1s concerned, to have the entire street-railway sys would have been, because of the nuisance near us of the Baltimore and tem of the town of that character. Ohio lli~i.lroacl, which occupies it for a long distance as part of its yards, Mr. EDMUNDS. Mr. President, perhaps in Omaha there has not yet and which,. of coi;irse, obstructs the p~e of people up and down it, been an occasion or a time when the overhead wires broke and foll down and makes it a nuJ.Sancetoeverybody thatowns property in the vicinity where people wern passing. That is the t:R.st. An overhead wire or and a. nuisance to the Capitol itself. ' If th~t t~ing were got out of the way North Capitol street, from here any highly charged wire, eithe~ for telegraph or motive power, is per 1 fectly safe so long as you keep 1t perfectly insulated and do not touch to the Soldiers Home, would be the grandest avenue in North America it, just as the lightning in the heavens is, and the argument that he or .any_where .else, ~tarting at th.e great north front of this Capitol and cause in Omaha no evil has happened in the space of a year would he an gomg_m a direct hne to t~e highest ground in the neighborhood of argument against all lightning-rods because a particular house without Wa.~hrngton, to that magmficent park in which the Soldiers' Home is a lightning-rod had not been struck within the last year. It does not situated. I do not propose, for one, to vote under any circumstances prove anything at all; but all the human experience that we have had at any time, whether the ground about it be vacan~ or filled up, to in this country a!ld every other shows that these overhead and hiahly put up these confessedly dangerous and deadly and unsightly structures. charged wires, whether for motive power or telegraph purposes o~ for When there are pe?ple eno~gh livin.g alon~tbt1re or capable of living any other purpose, when thPir im;ulation fails, either by fra.cture so al~ng there to make it a public. necessity for the convenience of people that they. fall in places where people and animals are passing, or where gomg to and fro from tblS Capitol to the other end of this great and they fall m houses so that the current is diverted from its safe and pro· magnificent .avenue, as it will be, t~en ~here will be profit enouµ:h in tected chai;inel,_ a sad disaster al ways happens. There is no use of any the transaction for the promoters of a railway line, who are not build body denyrng it, and I do not know tnat anybody does deny it· and i~g for charity or patriotism, bu~ for profit, to put in a railway line, that is the case we have. ' either of cable or underground wires, that will subserve the public in Now, what is the great public necessity for granting these extraor terests and give them profit besides. That is what I think about it. dinary privileges, that we condemned a year ago by a tremendous ma Therefo:e, M~. Presi?e?t, ~ move to am~nd t~e proviso of my friend iority, to this particular corporation? Have we any petitions from the from Missouri by strilnng 1t all out and msertrng this as a part of the body of people residing between here and the Soldiers' Home crying House section: out for an overhead electric railroad? By no means. Senators in favor That the authority of said company by this act or any other act- of it say that nobody lives there. What is it, then? It is a land specu ·wbich will cut them outonNew York avenue, and from he1·e out to lation, and a railroad in connection with it to make lands worth more the boundary- and bring them i~to .market in a ~ity that is not half filled up-nor conferre 1890. CONGRESSIONAL RECORD-HOUSE. 2237 in the wilderness of strange faces and the stirring scenes of such an oc- Mr. HOLMAN. I hope the gentleman from Oregon [Mr. HERMANN] casion, my attention was attracted to him, and though I at the time will state the purpose of this bill. It does not appear from the read- had no idea who he was, I never lost sight of him atter~ard. ing. Fearless and aggressive in the advocacy of the right as he saw it, he The SPEAKER. The Clerk will report the amendments proposed never occupied a doubtful position, but boldly and effectively presented by the Committee on Rivers and Harbors, so that the House may be in his views whenever occasion required. Keenly attentive to the current possession-- of public affairs here and abroad, he was a valuable and conspicuous rep- .Mr. BRECKINRIDGE, of Kentucky. .As Friday is set apart for pri resentative of the pE:ople, and the esteem in which his qualities and vate business and as the session continues only till 5 o'clock, I think endowments were held by his associates in the House is indicated by we bad better have the regular order. the fact that while Hon. SAMUEIJ J. RANDALL was chairman of the Mr. HERMANN. If the gentleman will listen to a brief statement Committee on Appropriations he al ways had Mr. Townshend associated in regard to this matter, I think he will not object. with him upon that most important and responsible committee. A Mr. BLANCHARD. The gentleman from Kentucky will not object ready debater, a hard worker, fumiliar with the whole current of pub- if he understands the proposition. lie affairs, he was trusted and relied upon by his committee in all their Mr. BRECKINRIDGE, of Kentucky. I am willing to withhold my contests upon the floor. He left his impress upo:::i public affairs, a rec- o~jections temporarily-- ord of bis work as a public man which is an hClnor to him, to his State, Mr. HERMANN. This is a matter of pub1ic importance, in which and his constituents, and which is a rich heritage to·his family; but the commerce of the entire Portage Lake is interested; and there isan the distinction which he would himself have prized most, of which be emergency. would himself have felt the proudest., is the sincere love and affection Mr. BRECKINRIDGE, of Kentucky. I will withdraw the objection for him and his memory which warm~ the hearts of those amongst temporarily, if I have that right, in order to hear a statement; but I whom he lived, to whom he was best known, and to whose service he do not wish to waive the right to object. devoted his life. In the long years to come his name and his memory Mr. BLANCHARD. I wish to state to the gentleman from Ken will be remembered and cherished by thou.qands of loving friends and tacky and to the House that this is nothing more nor less than a prop admirers in his far-away prairie home. osition authorizing the Secretary of War t-0 adjust the harbor-lines at Few men have had so deep and firm a hold on the confidence of their Portage Lake. The necessity for this is brought about by reason of the I • constituents as he. Coupled with the qualities which distinguished fact that the copper mills there have been dumping refuse, slag, and him as a public man he had personal qualities which bound him as other things into the harbor; and this bill proposes to authorize the with ''hooks of steel'' to those who knew him best. I often had occa· I Secretary of War to make such rule3 and regulations as \\ill protect sion to notice his courteous and kindly demeanor towards those occu- the interest.~ dependent upon the navigation of that harbor. That is pying the more lowly walks of life, and no man was freer than he from all the bill proposes. It carries no appropriation whatever and is a that characteristic of ignoble men, iservility to place and power and matter demanded by the public necessity. After this statement I trust arrogance towards the bumble and lowly, but, being a thorough man the gentleman from Kentucky will not o~ject. of the people, he sa.w and respected the man, in utter disregard of the Mr. HERMANN. And it might be further remarked that the public trappings of position or the drawbacks of a. humble station. I happen works there are practically suspended by reason of the necessity of this to know how upon an occasion he won the admiration and sincere esteem very much needed improvement. of an old lady traveling a long distance alone, by his constant, delicate, The SPEAKER. Is there objection to the consideration of the bill? and courteous attentions. She never forgot him or his thoughtful kind- Mr. BRECKINRIDGE, of Kentucky. I ask for the regular order. nes.c; to her. and she never will. His accurate knowledge ofwhatMr. Lincoln called "ourplain, com .ALBERT H. EMERY. mon people," his familiarity with their domestic life, with their hopes The SPEAKER. The regular order is called for. The first business and fears, bis intimate knowledge of their struggles and their hard in order is the bill (H. R. 3538) for the relief of Albert H. Emery. This ships, and his deep and sincere sympathy with them in all these won bill was reported from the Committee of the Whole House last Friday for him the place in their love and confidence which be enjoyed with the recommendation that the enacting clause be struck 01,1 t. The through life and which will "keep his memory green" after death. question now is, Will the House concur in that recommendation? To one whose life was thus devoted to the good of his fellow-men in Mr. SPRINGER. Mr. Speaker, under the practice in 1ormer Con every public duty and whose private life and daily walk were marked gresses bills in this position come up after the House has gone into by words of good cheer to the faint-hearted and deeds of unselfishness Committee of the Whole and the committee has made its report of other to all, one who, in a word, devoted himself to the good of his fellow bills. I submit that this bill should come up after the sitting of the men- Committee of the Whole to-day, to be dis"Posed of with such other bills There is no death. What seems so is transition; as may be reported from the Committee of the Whole. This life of mortal breath Is but a suburb of the life elysian The SPEAKER. But the role bas been changed since then. Whose portal we call death. Mr. SPlUNGER. Is there anything new in the new rule on that subject? The PRESIDING OFFICER. The question is on agreeing to the The SPEAKER. The Chair thinks so. resolutions submitted by the Senator from Illinois. The resolutions were agreed to unanimously. Mr. SPRING EH. Because I would like to have it pointed out. The SPEAKER. It says •'after the unfinished business.'' The Mr. CULLOM. I move as a further mark of respect to the memory Chair regards this as unfinished busine...qg. of the deceased that the Senate do now adjourn. I • • The motion was agreed to unanimously; and (at 3 o'clock and 35 Mr. SPRINGER. That is the old rule. That would be the case if the- previous question was ordered. ' minutes p. m.) the Senate adjourned until Monday, March 17, 1890, 12 o'clock meridian. The SPEAKER. The Chair thinks the rules have been so changed at as to alter the statns of unfinished business on Friday, and that such business coming over from the pre<>eding private-bill day must be dis - posed of by the House before the motion that the House resolve itself into the Committee of the Whole Honse can be entertained. The ques HOUSE OF REPRESENTATIVES. tion is on concurring in the recommendation of the committee to strike FRIDAY, March 14, 1890. out the enacting clause. The question was taken; and the Speaker announced that the noes The House met at12 o'clock m. Prayer by the Chaplain, Rev. W. H. seemed to have it. MILBURN, D. D. Several members demanded a division. The .T ournal of yesterday's proceedings was read and approved. The House divided; and there were-ayes 37, noes 77. HARBOR-LINES, PORTAGE LAKE, MICHIGAN. Mr. KILGORE. I make the point of order that no quorum has voted. Mr. HERMANN. On behalf of the Committee on Rivers and Har Mr. DOCKERY and Mr. SPRINGER demanded the yeas and nays. bors I ask unanimous consent for the present consideration of the bill The yeas and nays were ordered. which I send to the desk. The question was taken; and there were-yeas 66, nays 143, not The bill was read, as follows: voting 120; as follows: A. bill (H, R. 734-5) authorizing a.ad directing the Secretary of War to establish YE.AS-&>. new harbor-lines in Portage Lake, Houghton County, Michigan. Abbott, Conger. Hill, McClellan, Be ii enacted by the Senate and House of Representatives of the United States of .Anderson, Kans. Connell, Hopkins, McMillin, Am~rica in Congress assembled, That the Secretary of War is hereby authorized .Ander5on, Miss. Cooper, Ind. Kennedy, McRae, and directed, as speedily as the @ame can be done, to establish new harbor-lines Bankhead, Cowles, Kerr, Iowa Montgomery, in Portage Lake, Houghton CouRty, Michigan. And that on each side of so.id Ba.rwig, Culberson, Tex. Kilgore, Moore, Tex. Portage Lake between the shore and its corresponding harbor-line, established Blount, Cummings, Lane, Morgan, as aforesaid, riparian owners may place and discharge the refuse, debris, tail Brunner, Dockery, Lanham, Norton, ings, or products of stamp mills: Provided, That a depth of water of not less Bullock, Fithian, Laws, O'Donnell, · than 20 feet at said harbor-lines, and of not less than 30 feet between said har Candler. Ga. Forman, J,ester, Ga. Parrett. bo~lines, shall nt all times be maintained and preserved. Chipman, Bare, Martin, Ind. Penington, SJi:o. 2. That all Jaws and parts of laws ·in conflict with this a.ct a.re repealed. Clancy, Henderson, Iowa :Martin, Tex. Perkins, This act shall be in force from its passaK'(l. Cobb, Henderson, N. C. McCla.mmy, Peters. .. 2238 CONGRESSIONAL RECORD-HOUSE. M..AROH· 14, Pickler, Sayers, Stockbridge, 'Valke1., Mo. Mr. LEIILBACH with Mr. DIBBLE, on political questions, until Wed- Pierce. Shively, Taylor, Ill. Wike, Richardson, Snider, Tillman, Williams, Ill nesday.- , Rogers, Springer, •.rurner, Ga. Mr. STEWART, of Vermont, with Mr. WILSON, of West Virginia, un- Rowland, St-ewa.rt, Ga. Turner, N. Y. til Tuesday morning. NAYS-143. Mr. BECKWITH with Mr. GEISSENHAINER, until further notice. Adams, Culbertson, Pa. Lawler, Rockwell, Mr. LAKSING with 1\Ir. MAGNER, for one week Alderson, Cutcbeon, Lee, Rusk, Mr. CARTER with Mr: CLUNIE, on this vote. Allen, Mich. Darlington, Lester, Va. Russell, Mr. BINGHAM with Mr. COMPTON, on this vote. Arnold, De Haven,. Lewis, Scranton, .Atkinson, Pa. De Lano, Lodge, Sherman, Mr. MOREY with Mr. CRA.IK, on this vote. Baker, Dingley, Mansur, Smyser, 1\Ir. SPINOLA. Mr. Speaker, I desire, if poosible, to have my vote Banks, Dolliver, McAdoo, Stephenson, Bayne, Dorsey, McCord, Stewart, TeL recorded. Blanchard, Dunnell, McCormick, Stockdale, The SPEAKER. Was the gentleman paying attention when his Bliss, Ellis, McCreary, Stone, K;y. name was called and failed to hear it? Boatner, Enloe, McKenna, Struble, SPINOLA. was sitting in my seat engaged in conversation at Boothman, Evans, McKinley, Tarsney, Mr. I Boutelle, Farquhar, Moffitt, Taylor, Tenn. tbe moment, and did not hear my name called. Bowden, Fitch, Moore, N. II. Taylor, E. B. The SPEA.KER. The Chair can not entertain a request for unani Breckinridge, Ark. Flick, Morrill, Thomas, mous consent to record the gentleman's vote under the circums1ances. Breckinridge, Ky, Flood, :Morrow, Townsend, Colo. Brewer, Flower, Morse, Townsend, Pa. Mr. SPINOLA. I wanted to vote in the negative if permitted to Brookshire. Funston, Niedringhaus, Tracey, do so. Buchanan, N. J. Gear, Nute, Tucker, The result of the vote was then announced as above recorded. Buchanan, Va.· Gest, Oates, Turpin, Burrows, Grosvenor, O'Neil, Mass. Vande'\""er, '.rhe SPEAKER. The Honse refuses to agree to the recommendation Burton, Grout, O'Neill, Pa. Van Schaick, of the committee and the bill stands recommitted to the Committee of Butterworth, Hall, Osborne, Venable, Caldwell, Hansbrough, Owen, Ind. Wade, the Whole Honse. Candler, Mass. Harm.er, Owens, Ohio Walker, Mass. Mr. SPRINGER. Mr. Speaker, I rise to a question of order. Cannon, Hatch, Payne, Wallace, Mass. The SPEAKER. The gentleman will state it. Carlisle, Hayes, Peel, Wallace, N. Y. Mr. SPRINGER. I desire to call attention to clause 7 of the rule Caruth, Haynes,. Post, \Vashington, Caswell, Henderson, Ill. Pugsley, Watson, to which the Speaker referred a few moments ago. Catchings, Hermann, Quackenbush, Wheeler, Ala. This bill is now recommitted to the Committee of the Whole House Cheadle, Hooker, Raines, Whiting, on the Private Calendar. I wish to ask, first, if that bill in the Com Cheatham, Kelley, Ray, 'Villdnson, Clarke, Ala. Kerr, Pa. Reed, Iowa Willcox, mittee of the Whole Houde will take its place on the Calendar as other Copwell, Ketcham. Reilly, Wise, bills which are committed to that Calendar to-day? Coleman, Kinsey, Reyburn, Yoder. The SPEAKER This bill goes to the Committee of the Whole Craig, Laidlaw, Robertson, House and takes its position on the Calendar M if it had never been NOT VOTING-120. sent back to the Honse. It becomes the first bill on the Calendar, as Allen, Mis.!. Cothran, Knapp, Sawyer, the unfinished business, to be considered when the House 8e,ira.in re .Andrew, Covert, Lacey, Scull, Atkinson, W. Va.. Crain, La Follette, Seney, sumes consideration of the Private Calendar. Barnes, Crisp. Lansing, Simonds, Mr. SPRINGER. I desire, Mr. Speaker, to have this question set Bartine, Dalzell, Lehlbach, Skinner, tled now and before going into Committee of the Whole, because it is Beckwith, Dargan, Lind, Smith, 111. Belden, Davidson, Magner, Smith, W. Va.. a very important question. I was of opinion and think the rule re Belknap, Dibble, Mai~h, Spinola, quires that when a bill is recommitted in this manner it goes back, as Bergen, Dunphy, Mason, Spooner, any other bill which wonld be committed at this time, and takes its Biggs, Edmunds, McCarthy, Stahlnecker, Bingham, Elliott, McComas, Stewart, Vt. place at the foot of the Calendar. I desire to ask the attention of the Blaud, Ewart, Miles, Stivers, Chair to the language of the rule: Brickner, Featherston, Milliken, Stone, Mo. Whenever a. bill is reported from the committ-ee with an adverse recommenda Brosius, Finley, Mills, Stump, tion and such recommendation is disagreed to by the House, the bill shall stand Brower, Forney, Morey, Sweney, recommitted to said committee without further action of the House. Brown, J.B. Fowler, MuV-ihler, Taylor, ;J, D. Browne, T. M. Frank, O'Ferrall, Thowpson, The SPEAKER. Precisely, and resu.mes its former place upon the Browne, Va. Geissenhainer, O'Neall, Ind. Turner, Kans. Buckalew, Gibson, Outbwaite, \Vheeler, :Mich. Calendar. Bunn, Gifford, Paynter, Whitthorne, Mr. SPRINGER. If there is a bill before the House, however, and Bynum, Goodnight, Payson, Wickham, recommitted under the circumstances named, it stands in its order on Campbell, Greenhalge, Perry, Wilber, Carlton, Grimes, Phelan, Wiley, the Calendar as of that day. Carter, Haugen, Price, Williams, Ohio The SPEAKER. But the gentleman must see that this is a different Clark, Wis. Hen.rd, Quinn, Wilson, Ky. Clements, Hemphill, Randall, Mass. Wilson, Mo. case. Clunie, Herbert, .Ra.nda.11, Pa. Wilson, Wash. Mr. SPRINGER. I think not. Compton, Hitt, Rife, Wilson, W. Va.. 1\Ir. F ARQUH.A.R. That is simply a supposition of the gentleman. Comstock, Holman, Rowell, Wright, This case stands on a different footing by the action of the House. Cooper, Ohio Houk, Sanford, Yardley. l\lr. SPRINGER. I am only seeking a correct interpretation of the So th·e motion to strike out the enacting clause of the bill was re rule, which, as I have said, is one of importance. jected. The SPEAKER. This is unfinished business now in the committee. On motion of Mr. SHERMAN, by unanimous consent, the reading of Mr. SPRINGER. But it bas been acted upon once in the commit the names was dispensed with. tee and reported to the Honse, and the action of the committee was ad The following pairs were announced until further notice: verse to the bill. Mr. GIFFORD with Mr. SKINNER. The SPEAKER. But the House has refused to concur in that action Mr. CLARK, of Wisconsin, with Mr. BARWIG. of the committee, and that reverses it., Mr. BELDEN with Mr. DUNPHY. Mr. SPRINGER. Now, if there was in fact a role on that su~ject Mr. WHEELER, of Michigan, with Mr. PERRY. the motion would be necessary, in order to save this bill, to reconsider Mr. FEATHERSTON with Mr. DARGAN. the vote by which the House had stricken out the enacting clause, and M.r. BROWER with Mr. BLAND. after it was reconsidered it woulrl have to be considered in committee. Mr. STIVERS with Mr. WILEY. The SPEAKER. The Chair does not think so. Mr. WILBER with Mr. RANDALL, of Pennsylvania. Mr. SPRINGER. Without any rule it would require a motion to Mr. SA WYER with Mr. McCARTHY. take it back to the committee. The rule would avoid it, and would Mr. YARDLEY with Mr. BUNN. prevent the committee from getting the bill into the House and getting Mr. THOMPSON with Mr. DAVIDSON. action of the Honse upon it. I think the Chair is in error, but I will Mr. SPOONER with Mr. GRIMES. not appeal from the decision of the Chair. Mr. WILSON, of Kentucky, with Mr. PAYNTER. LEA VE OF ABSENCE. Mr. FRANK with Mr. ALLEN, of Mississippi. Mr. RANDALL, of Massachusetts, with Mr. ANDREW. By unanimous consent, leave of absence was granted as follows: To Mr. HOLMAN, for to-day, on account of sick-nes.5 in family. Mr. BROWNE, of Virginia, with Mr. EDMID."'DS. his To Mr. BUNN, on account of sickness. Mr. SCULL with Mr. JASON B. BROWN. Mr. HARllfER with Mr. HOLMAN, on all political questions, for the To Mr. T. M. BROWNE, indefinitely, on account of illness. On motion, to PETERS. rest of this day. Mr. Mr. JOSEPH D. TAYLOR with Mr. STAHLNECKER, for this day. To Mr. TURNER, of Kansas, on aeconnt of sickness. Mr. KNAPP with Mr. MUTCHLER, on all political questions, until To Mr. LIND. CHEROKEE OUTLET. Monday, March 17. Mr. MORSE with Mr. GOODNIGHT, until further notice, saving the Ur. PERKINS. I desire to make a personal statement, which, if right to vote to make a quorum. not a matter of personal privilege, is a matter of importance. In the , . . · 1890. CONGRESSIONAL RECORD-HOUSE. 2239 the Associated Press dispatch of last evening, giving an account of pro man will look at the original Calendar of March 5 last he will see ceedings of Congress, a synopsis is given of the Oklahoma bill, and in which was the first bill. that report it is stated- Mr. CUTCHEON. I make the point of order that it is now too late The Cherokee Outlet is declared open to settlement under the homestead to make that point, because the committee has considered this bill, aw to bona fide settlers, o.nd occupants are given a preference of right. and the question before the committee is, shall this bill be laid aside That dispatch has gone to all sections of the country. I have al with a favorable recommendation? ready two telegrams asking me whether the information is correct. I Mr. SPRINGER. l\Ir. Speaker. I rise to a question of order. The think Mr. SPRINGER also has one. The public are necessarily deceived Speaker helJ in the House that the first business be1ore the Honse was by it, and the result, un1ess it be corrected, will be that this land will the consideration of untinished business coming over from last week. be taken possession of at once by settlers, which will work greatly to .A part of that unfinished business was the bill in regard to General their prejudice as well as to the prejudice of the Cherokeeg. Fremont, and the House should have disposed of that bill before it I de.sire to state that under the provisions of the bill the Cherokee went into the Committee of the Whole. Outlet is not opened to settlement. No provision is made in the bill :Mr. CUTCHEON. But there was no recommendation of the com for the opening of tM Cherokee Outlet to settlement. The statement mitttee in regard to that bill. should have been that thePublicLand Strip, what is known as No Man's l\Ir. SPRINGER. Yes. Land, is declared to be public lands and open to settlement under the Mr. CUTCHEON. No; it was simply read. There was no recom provisions of the bill, and not the Cherokee Outlet. mendation. The Cherokee Outlet is embraced within the boundaries of the pro Mr. Mcl\ULLIN. The bill was not reported to the House. It was posed Territory of Oklahoma, but as yet is not open to settlement. simply read, and after its reading the committee rose. ORDER. OF BUSINESS. The CHAIRMAN. The question is: Shall this bill be laid aside to be reported.to the House with the recommendation that it do pass? l\Ir. LAIDLAW. I move, Mr. Speaker, that the House resol\e itself .Mr. SPINOLA. Question. into Committee of the Whole on the Prifate Calendar. Mr. McMILLIN. This bill is open to discussion, Mr. Chairman, is FINDINGS OF COURT OF CLAIMS. it not? Mr. RICR ARDSON. Before action is taken on that motion I desire The CHAIRMAN. The record will be read, which will show the to inquire of the Chair whether there bas been any ruling by the Chair present status of the bill. on the parliamentary question I submitted on Wednesday in regard to Mr. McMILLIN. The status of the bill was fixed by its recommit _, the findings of the Court oi Claims. tal this morning. The SPEAKER. If the Honse will give attention, the Chair will The CHAIRl\IAN. The Clerk will read the record of the previous make a ruling upon that subject. Upon examination the Chair is un proceedings on this bill. able to find that the provisions of the Bowman act or any rule of the The Clerk read as follows: Bouse requires that the bills in question should be placed first upon The CHAIRMAN. The Chair desires to sta.te to the gentleman from Illinois the Private Calendar. Whether the House ought to make a rule to that he recognized the gentleman from New York [.Mr. LAIDLAW] in charge of the bill to make the motion which he submitted, and did not recognize the gen that effect or not the Chair can express no opinion. It has not made a tleman from Illinois. rule, nor does the law in terms require it. The question being taken on the amendment of the committee as amended, the committee divided, and there were-a.yes 71, noes 30; so the a.mendment as ORDER OF BUSINESS. amended was adopted. The motion of Mr. LAIDLA w was agreed to. The CHAIRMAN. The question is on laying the bill aside t-0 be reported to the House with a favorable recommeadat.ion. The House accordingly resolved itself into Committee of the Whole Mr. SPRINGER. Now I move to strike out the enacting clause of t,he bill on the Private Calendar, Mr. ALLEN, of Michigan, in the chair. l\:lr. BURROWS. That motion ca.n not be ma.de in Committee of the \Vhole. The committee can report the bill back: to the House with the recommendation,... ALBERT H. EMERY. only. The CHAIRMAN. The House is in Committee of the Whole on Mr. SPRINGER. That is the motion I desired to make, that the bill be reported to the House with the recommeudation that the enactiugclause be stricken out. the Private Calendar, and the Clerk will report the first bill. The question being taken on the motion of Mr. SPRINGER, the committee di The Clerk read as follows: vided; and there were-ayes 76, noes 6£. A bill (H. R. 3538) for the relief of Albert II. Emery. Mr. McMILLIN. Mr. Chairman, I rose for the purpose of taking Mr. CUTCHEON. I rise to a parliamentary inquiry. the floor to discuss this hill. ,- The CHAIRMAN. The gentleman will state it. The CHAIRMAN. The gentleman from Tenuessee [Mr. McMILUN] Mr. CUTCHEON. When this bill was last in Committee of the understands that the committee is now dividing upon this question. Whole, as I remember it, the amendment recommended by the Com Mr. .MCMILLIN. I do not so understand. mittee on Claims was amended by striking out "one hundred and The CHAIRMAN. The committee is dividing upon the question of seventy-five" and inserting "one hundred." After that motion was reporting this bill. carried a motion was made to strike out the enacting clause. That has Mr. Mc MILLIN. No, sir; I rose when the gentleman [1\fr. COTCH been rejected by the House, and we now come back to the amendment Eo:N] made hIB motion. The parliamentar.v question was raised as to ot $100,000, which the committee had adopted. Is not that the regu the status of the bill and I rose to discuss the bill. It is here for the lar order? action of the committee. It is here, not under any instructions from Mr. McMILLIN. Mr. Chairman, a point of order. It seems to me the House. Debate upon it has not been limited. that it can not be construed that the House nullified a part of the ac The CHAIRMAN. The condition of the bill at the time the gentle tion of the Committee of the Whole House that was referred to it and man [Ur. McMILLIN] made his inquiry was that the Committee of did not nullify the balance. The report was as a whole to the House. the Whole was dividing, and any motion that he may have made would _, The House failed to adopt the re.commendation of the Committee of the not change that order. The committee is dividing now. Whole. Mr. McM:ILLIN. Does the Chair hold that the bill is not su~ject The CHAIRMAN. The recommendation of the Committee of the to debate after it is referred back to the House? Addressing myself to Whole House was to strike out the enacting clause. that point, Mr. Chairman, it can not be that the House can refuse to as Mr. McMILLIN. Now, the recommendation of the committee was sent to the recommendations of the committee and can send the bill back that the bill be amended by striking out ''one hundred and seventy. here, and yet that after its return to the committee oar bands are tied five," thereby limiting it to a hundred thousand. and we are unable to do anything. The bill comes back here for con Mr. FARQUHAH. That is right. sideration, for deliberation, for such recommendation as the committee Mr. MuMILLIN. The amendment in the committee will stand, I may see fit to make. say, as if there were no action taken upon that by the House, nor can The CHAIRMAN. The rules provide that a bill in the condition of the House take it away by refusing to agree to the action of the co~ 1 · • present one comes ha.ck to the Committee of the Whole from the mittee in striking out the enacting clause. J .uuse without any further action on the part of the House than that .Mr. CUTCHEON. Then, Mr. Chairman, what is ~he effect, ifitstands provided in the rule, but the last action of the committee was in refer in that way upon the amendment made in the Committee of the Whole ence to reporting the bill to the House with a favorable recommenda to strike out the word "seventy-five," and leave the amount at a hun t10n. That motion was voted down, but debate had been closed upon dred thousand dollars? I move that the bill be now laid aside with a the bill by the action of the committee-- favorable recommendation to the House. Mr. McMILLIN. But does the Chair hold that when the House The CHAIRMAN. That is the pending motion. sends a. bill back to the Committee of the Whole for consideration and M.r. BRECKINRIDGE, of Kentucky. I rise to a parliamentary in deliberation no amendment to it is in order, no debate is in order? If quiry. so, why was the bill sent back here at all? What is the use of return The CHAIRMAN. The gentleman will state it. ing it to the Committee of the Whole if the committee has its hands Mr. BRECKIN.l ', .. '. : I - . \ 2240 CONGRESSIONAL RECORD-HOUSE. MARoH 14, The CHAIRMAN. If that question, when put to the committee, is debate under the five-minute rule, and when that is exhausted for report carried, it ends all discussion of the bill. If not, then the bill will be to the House. open to discussion and amendment. I thank my friend from South Carolina (l\Ir. DIBBLE] for calling Mr. McMILLIN. I wish to know if an amendment to the bill will my attention to this clause of Jefferson's Manual: be in order? I1 a. report be recommitted before agreed to in the House, what is passed in The CHAIRMAN. It will not at thjs stage. The question is, Shall committee is of no validity; the whole question is a.go.in before the committee, the bill be reported back to the House with a favorable recommenda and a. new resolution must be age.in moved as if nothing had passed. tion? And if the committee so order, that ends it. If, on the contrary, That is what we sought, and that is the status of this bill when re the committee refuses to make that recommendation, the bill will then committed to the Committee of the Whole. be open for debate or amendment and will be in exactly the position it The CHAIRMAN. The Chair desires to state, if the gentleman from was on Friday last when ordered reported to the House. Georgia will give his attention, that of course where the Jefferson's Mr. CRISP. Mr. Chairman, I rise to a parliamentary inquiry. Manual conflicts with the rules of the House and the joint rules of The CHAIRMAN. The gentleman from Georgia is recognized. the House and Senate the latter prevail. Mr. CRISP. I understood the Chair t-0 say that the question was a Secondly, the Chair desires to state in reply to what has been stated question which was pending before the Committee of the Whole when by the gentleman from Tennessee [Mr. MCMILLIN] that this question it 13.':!t had this bill under consideration. I beg to suggest to the Chair is entirely within the control of the committee. If the committee re· that that is a mistake. This bill was in Committee of the Whole. fuses to adopt the pending motion-that is, to report the bill back favor When it was considered by that committee there was a rub limiting ably to the House with amendment-if they refuse to adopt that, then the debate upon the bill. The Committee of the Whole exhausted its the bill will be open to discussion and amendment; but if, on the con powers as to this bill by reporting it back to the Honse. All action trary, the committee shall report it favorably to the Honse, that ends in the committee goes with that report to the Honse. Then the House, the discussion, be ca use the House was dividing on this question when in the exercise of its power, referred the bill back to the committee, it last sat and was interfered with by the specially privileged motion and it stands in the committee now exactly as it did when it was orig of the gentleman from Illinois [Mr. SPRINGER] to strike out the en inally referred there. The House simply refused to conform to the acting clause. Ifthe committee refuse to layitaside to be reported favor recommendation of the committee and sent the bill backbere fora denovo ably to the Honse_, then it will be open to discussion and amendment; investigation by the committee. That, I suggest, is the parliamentary but if the committee shall lay it aside to be reported to the House, of status of the bill. course that is the end of it in the committee. The CHAIRMAN. The Chair will state-.- Mr. CRISP. Is there any rule of the House under which the Chair Mr. SPRINGER. Will the Chair allow me a remark in regard to the can make any such decision? 1 , parliamentary status-- The CHAIRMAN. The rule is that the bill, on the refusal of the The CHAIRMAN. In one moment. House to strike out the enacting clause, comes back to the Committee Mr. SPRINGER. Wbat I desired was to speak before the Chair made of the Whole Honse, and under the practice resumes its former posi a decision, not aft.erward. tion. That action has been taken. There is no special rule governing The CHAIRMAN. The Chair desires to state the condition of the the Committee of the Whole House in this respect. bill. The motion in Committee of the Whole last Friday was to lay Mr. CRISP. I have read the general rule from Jefferson's Manual. aside the bill, to be reported with a favorable recommendation, pend The CHAIRMAN. The practice of the House has been the other way. ing which the gentleman from Illinois interposed a privileged motion to It is analogous to the case when a quorum does not vote, when: as stated strike out the enacting clause of the bill, which motion was carried. in Jefferson's Manual (page 170), "the m&tter continues exactly in the The Honse this morning refused to concur in that recommendation of state in which it was before the division and mast be resumed at that the Committee of the Whole; the bill therefore comes back to the Com point on any future day." mittee and resumes the exact position it then occupied, and the ques Mr. CRISP. I think it is a mistake that such has been the practice tion is, Shall the bill be laid aside to be reported with a favorable of the House. If not, the Clerk can turn the Chair to such a decision. recommendation? Mr. SPRINGER and Mr. MCMILLIN took the floor. Mr. CRISP. I do not wish to argue against the deliberate judgment The CHAIRMAN. The Chair willrecognize each gentleman in turn. of the Chair, but I trust I may be permitted before a final decision to He now recognizes the gentleman from New Jersey [Mr. MoAnoo], who give an illustration of my position. wishes to ask a question. This is a committee of the Honse; that is all it is; and it may be as Mr. SPRINGER. I have been standing on the floor and thought I I• similated to any other committee of the House. Suppose, Mr. Chair would be recoirnized. man, that a bill is reported to the House from the Committee on Ways Mr. CANNON addres3ed the Chair. and Means and after consideration is recommitted. How does the com The CH.AIRMAN. The gentleman from New Jersey has the floor. mittee consider the bill? According to the position in which it stood Mr. McADOO. I wish to ask the Chair a question. I think there when last in the committee? Not at. all. If the bill is recommitted is some misunderstanding in the minds of the gentleman from Georgia without instruction it is before the committee for all purposes as it [Mr. CRISP] and the gentleman from Tennessee [Mr. l\lcMILLIN]. It was originally. There has been no intimation on the part of the Honse I understand the Chair aright he holds that the motion is not debatable. in recommitting this bill to the Committee of the Whole that the com The CHAIRMAN. The Chair agrees with the gentleman from Geor mittee shall conform to its previous action; on the contrary, the Honse gia that when the bill comes back from the House and is within the says to the committee, ''Your recommendation is not approved; and we control of the committee the motion to report it back to the House' send the bill back to you to make such other recommendation as you favorably is debatable. It is otherwise, however, when the committee shall see proper to make." If the question isnowsimply whether the is dividing. If the committee, on the contrary, does not order it re bill shall be reported back to the Hoose, we render the action of the ported back: then it will be open to discussion and amendment. House in recommitting the bill nugatory; we proceed upon the assump Mr. SPRINGER rose. tion that the recommitment. has been practically coupled with instruc The CHAIRMAN. The Chair recognizes the gentleman from Illinois. tions that the bill be reported back without any change or alteration. Mr. SPRINGER. I hope the Chair will insist on gentlemen taking Mr. MoMILLIN. Not only with such instructions, but with a co their seats. I can hardly hear myself. ercive effect upon the committee; for, according to the ruling of the The CHAIRMAN. The Chair will be compelled to suspend busi Chair, the Committee of the Whole can now do nothing in the way of ness of the committee unless order is preserved on the floor. amending or improving the bill. Mr. SPRINGER. Mr. Chairman, the rules of the House so far as Mr. HOOKER. I submit, Mr. Chairman, that, while this bill will applicable are to control in Committee of the Whole. In a Committee go back to the Committee of the Whole House for consideration, after of the Whole House we have no previous question, but a motion simply the House bas refused to sanction the action of the Committee of the to close debate, which is equivalent and analogous to the motion for Whole in striking out the ena 1890. CONGRESSIONAL RECORD-HOUSE. 2241 sideTed, the question is then divested of the previous question and is opep. to de The bill (S. 1083) to amend the act giving the approval and sanction bate and amendment. of Congress to the route and termini of the Anacostia and Potomac Now, I hold that, this motion to rise and report this bill to the House River Railroad of the District of Columbia. having been reconsidered and the action of the House being to again It also announced that the Senate insisted on its amendments dis recommit the bill to the committee, the bill comes back divested of agreed to by the House to House bills of the following titles, and asked the order closing debate, and it is again upon our Calendar subject to all a conference with the House on the disagreeing votes thereon, and had debate and amendment, as if no previous action had been taken upon appointed Messrs. VEST, DOLPH, and CULLOM as conferees on the part it. Otherwise you could never perfect a bill sent back to ~he commit of the Senate, namely: tee under those circumstances, and our mouths would be closed to de The bill (H. R. 4130) to authorize the construction of a bridge across bate. All we could do under the circumstances, if the opinion of the the Missouri River at the city of Pierre, in South Dakota; and Chair is to prevail, would be to report it back again to the House ad The bill (H. R. 7617) to authorize the Oregon and Washing ton Bridge versely or otherwise. Company to construct and maintain a bridge across the Columbia River Now, suppose we want to amend the bill,, what must we do? We between the State. of Oregon and the State of Washington, and to es must vote against reporting it to the House with favorable recom tablish it as a post-route. mendation. The converse of that is that we report it back to the House It also announced that the Senate had passed, with amendments in with an adverse recommendation; and so it is manifest you compel us which concurrence was requested, the bill (H. R. 5179) to fix the rate to report it one way or the other, just as it stood before the House took of interest to be charged on arrearages of general and special taxes now action on the former report of the committee, namely, to strike out the due to the District of Columbia if paid within a time specified. enacting clause. And, also, that the Senate had passed the bill (H. R. 5825) prescrib Now why not allow the question to be o~n to amendment and de ing the times for sales and for notice of sales of property in the District bate, ~that we may reach a conclusion which will be satisfactory? of Columbia for overdue taxes. Mr. CUTCHEON. When the- House went into Committee of the Whole, I raised the parliamentary inquiry as to the status of the bill. ALBERT H. E~IERY. Mr. OATES. Will the gentleman yield to me for a moment, as I can The Committee of the Whole resumed its session. not secure recognition of the Chair. I wish to state that while I am Mr. CANNON. Mr. Chairman, I want to say, if I und.erstand the in favor of the bil1, I have to vote against it if it be held that what was ru1in~ of the Chair, it is as follows and on the following state of facts: done in committee before was conclusive against amendment or discus- This bill was committed to the Calendar. The committee proceeded to sion, for I am not in favor of the gag rule. · have general debate upon the bill. By and by general debate was Mr. CUTCHEON. I immediately made the motion that the bill be closed. It was then read under the five-minute rule. By and by de laid aside with favorable recommendation as amended, leaving the bate under the five-minute rule was closed. Then the gentleman from amount at $100, 000, and unless the ruling of the Chair is correct, that Michigan obtained the floor and in the absence of all other motions that is the pending motion, then my motion is in order and is the pend- moved that the bill be reported with a favorable recommendation to ing motion, and is the only one that the vote is to be taken upon. the Honse. Upon that motion the gentleman from Illinois [Mr. The CHAIRMAN. The Chair has held that the motion of the gen- SPRI~GER] moved that the enacting clause be stricken out, whichmo tleman from Michigan was the mot.ion really pending when the bill tion took precedence of the motion of the gentleman from Michigan. came back. The committee so recommended, the bill went to the House, and the In order that there may be no misapprehension in regard to the mat- House was asked to vote whether it would concur in the recommenda. ter the Chair will state that the pending question to be put now is, tion, namely, to strike out the enacting clause. Shall the bill as amended be laid aside with fayorable recommenda- The House refused to so concur. Under the rule, this bill came back tion? If the majority so decides, that ends the question ; if they de- to the committee for further consideration, and being back to the com cide otherwise, the bill is open for further amendment and debate. mittee, the House having refused to recognize that recommendation, Mr. BRECKINRIDGE, of Kentucky. I move to amend the motion the committee has to pick up the bill at the exact point of time and ro strike out the words "favorably recommended" and recommend procedure when the motion of the gentleman from Illinois was made, that the bill be recommitted to the Committee on Claims. I suppose namely upon the motion of the gentleman from Michigan (Mr. CuTcH- that motion is in order as an amendment to the pending motion. - EON] t~ report it favorably. The CHAIRMAN. The gentleman will suspend for a moment. The - Now, t.hen, the House or committee may or may not adopt that mo- committee will rise to receive a message from the Senate. tion. It may or may not be antagonized by parliamentary motions; MESSAGE FRO::\I THE SKNATE. but if the committee does not adopt the motion, as the Chair well says, it seems to me that, if the committee votes the motion down, then it is The committee informally rose; and the Speaker having resumed the open to amendment, but not debate, as I u-;:iderstand. In other words, chair, a mes.sage was received from the Senate by l\fr. l\IcCooK, its Sec the only thing that the Honse reversed the committee upon was the retary, announcing the passage of bills of the following titles in which motion to strike out the enacting clause; and the House having refused concurrence was requested, namely: to concur, we pick it up at that exact point for aJtion. A bill (S. 78) to provide for the construction of a public building at · The CHAIRMAN. Debate is proceeding by consent of the Chair. Salem, Oregon; Mr. WALKER, of .Ma-..~husetts. Mr. Chairman-- A bill (S. 166) for the erection of a public building at Virginia City, Mr. DOCKERY. I desire to make a parliamentary inquiry. Are Nev.; • these motions open for debate? A bill (S. 167) for the eredion of a public building at Reno, State of The CHAIRMAN. They are not, under the rule. It is simply a Nevada; matter of courtesy on the part of the Chair. A bill (S. 225) providing for the erection of a public building at the Mr. KERR, of Iowa. I rise to a parliamentary inquiry. city of Hastings, Nebr.; The CHAIRUAN. The gentleman will state it. A bill (S. 301) for the erection of a public building at Stillwater, l\Ir. KERR, of Iowa. Under what rule does the House hold that a Minn.; motion to lay aside a bill can not be debated? I am not familiar with A bill (S. 466) for the erection of a public building for a post-office parliamentary law, and I would like to inquire. and United States land office at the city of The Dalles, Oregon; The CHAIRMAN. There is no rule on the subject. A bill (S. '488) to provide for the erection of a public building for the l\Ir. WALKER, of Massachusetts. l\Ir. Chairman, I desire to say a use and accommodation of the post-office.at Mammoth Hot Springs, in word or two upon this question. It seems to me that the whole ques the Yellowstone National Park; tion is invoked in this: whether the House has the right to recommit A bill (S. 1230) for the erection of a public building in the city of to the Committee of the Whole a report that has been made from the Pawtucket, R. I. ; Committee of the Whole to the House; secondly, the further question A bill (S. 1231) for the erection of a public building in the city of is involved in it whether when the Committee of the Whole makes a Woonsocket, R. I. ; report to the Honse its report is completed and closed on that question A bill (S. i306) for the erection of a public building at Hudson, N. Y.; that it has reported to the House. A bill (S. 1590) to provide for the construction of a public building Now, it seems to me, Mr. Chairman, entirely clear that, when any at the city of Stockton, Cal. ; ancl bill is before the committee, or has been considered by the committee, A bill (S. 2644) for the recognition of F. A. Patterson as a captain of and has been reported to the House, the report of that committee the Third We~t Virginia Cavalry. upon that bill is closed, and that, when a motion is made to recommi~ It also announced the passage of concurrent resolutions authorizing that bill to the committee, it is clearly for the reconsideration of that the printing of 2,500 extra copies of the report of the health officer of bill bv the committee, and it must be reconsidered without any refer the District of Columbia. ence fu the records of the committee upon that bill, precisely the same Also, that the Senate agreed to the amendments of the House to bills as though it was a new bill. of the following titles, namely: Now, I find the action of the House in recommitting the bill to the The bill (S. 296) vesting in the vestry of Christ Church, Washington committee is defeated by the records ot' the committee. Now, it seems Parish,.District of Columbia, all of the right, title, and interest of the to me there is no dodging that conclusion, and, furthermore, I believe United States of America in and to square south of square 1092, in the that all parliamentary law aside from the rules justifies that view of city of Washington, District aforesaid; and the case as well as the rules. XXI-141 . ... •· I ·, 2242 CONGRESSIONAL RECORD-HOUSE. :MARCH 14, :hlr. DOCKERY. .Mr. Chairman, let us have the regular order. Mr. McMILLIN. Mr. Chairman- The CHAIRMAN. The question is, Shall this bill as amended be Mr. OATES. Will the gentleman from Tennessee wait until I get laid aside with a favorable recommendation? through? [Laughter.] Mr. BRECKINRIDGE, of Kentucky. Mr. Chairman, I offered an .Mr. McMILLIN. Certainly. amendment. Mr. OATES. I want t-0 know if the decision of the Chnir is that the The CHAIRUAN. The Chair will state that the motion is out of proceedings had upon this bill heretofore are such that the only ques order because the committee was dividing ll pou the motion at that point. tion now is upon the motion of the gentleman from l\Iichi~an, which 1\Ir. BRECKINRIDGE, of Kentucky. I begthe pardon of the Chair. cuts off all debate. Is that the decision of the Chafr? The motion I made is precisely in the same attitude as the motion The CHAIRMAN. The Chair does not recognize the motion of the made by the gentleman from Illinois [l\ir. SPRINGER], that the enact gentleman from Michigan. The Chair holds that by virtue of parlia· ing clause be stricken out. That was voted upon, and therefore it mentary law and practice this bill, coming from the House in the shape could not be that the committee was dividing. The Chairman held that in which it has come, is sent to the committee for the settlement of that motion was in order, and this motion is made in precisely the one question, to wit, ShalJ the bill be farnrably reported to the House? same way, and as the committee voted on it a similar motion would pending when the motion of the gentleman from Illinois [Mr. SPRING· certainls .be in order under the rule exactly as if that motion had not ER] to strike out the enacting clause was adopted. Now, the commit been carried and the House had disapproved of it, so that an amend tee have entire control of th~t question, and if they desire either to m~nt to the recommendation is clearly in order. I submit that to the amend or to further discuss the bill, they will simply vote down the Chair. motion to report it favorably. Therefore the Chair will put the ques The CHAIRMAN. The Chair did not understand all that the gen tion upon that motion. [Cries of "Regular order!"] tleman from Kentucky said, because of the confusion, but there has Ur. OATES. I am in favor of the bill, but I think it if! unfair to been .no motion entertained by the Chair whate\er this morning. The cut off those who want to discuss it, and therefore I appeal from the only question tlie Chair holds before this committee is, Shall t.his bill decision of the Chair. as amended be laid aside with a favorable recommendation? The CHAIRMAN. The Chair will state that the committee itself Mr. BRECKINRIDGE, of Kentucky. That motion I moved to cut off discussion at its last session by its own action. amend, a~d it is rlearly an amendable motion. It is un amendable Mr. McMILLIN. On the appeal of the gentleman from Alabama motion because it is not a motion to rise only, but a motion to recom [Mr. OATES] I want to be heard long e~ough to have read that por mend, and that recommendation is amendable. tion of the RECORD of last Friday's proceedings which shows that the The CHAIRMAN. The Chair has held that when the motion was Chair is in error in the assumption that at the time the motion of the made and stated the committee was really, as a parliament.ary fact, in gentleman from Illinois was made the committee was dividing. As the act of dividing, .and the motion would not be in order. matter of fact the motion bad merely been made, and the gentleman Mr. BRECKINRIDGE, of Kentucky. When was it dividing? from Illinois -made bis motion before the committee began to divide; Mr. CUTCHEON. I rise to a point of order. and I think it is well for us to act upon this matter advisedly. I ask The CHAIRMAN. The gentleman will state it. the Clerk to read from the RECORD the portion of last Friday's pro Mr. CUTCHEON. Can the Committee of the Whole commit a. bill ceedings which I have marked, which will show that from the time the to the Committee on Claims? motion was made by the gentleman who moved to lay the bill a.side Mr. BRECKINRIDGE, of Kentucky. I do not ask that this com with a favorable recommendation until the committee proceeded to the mittee commit it to the Committee on Claims. I ask that the recom consideration of the Fremont bill there was no division had that would mendation of this commit.tee to the House be that the House recommit cut off the amendment offered this morning l>y the gentleman from it to the Committee on Claims. Kentucky [Mr. BRECKINRIDGE]. Mr. CUTCHEON. That will be competent as an instruction or rec The Clerk read as follows: ommendation. The CHAIRMAN. The question is "On laying the bill nside to be reported to the Mr. BJiECKINRIDGE, of Kentucky. And that has been decided House with a favorable recommendation. Ur. SPRINGER. Now I move to strike out the enacting clause of the bill. to be in order over and over again. lli. BURROWS. That motion can not be made in Committee of the Whole. The Mr. DOCKERY. I hope the Chair will not rule out the amendment committee can report the bill back to the House with the recommendation only. offered by the gentleman from Kentucky. I think that the Chair was Mr. SPRINGER. That is the motion I desire to make. that the bill be reported to the House with the recommendation that the enacting clause be stricken out right in the original ruling; and I think that every reason that made The question being taken on the motion of Mr. SPRINGER, the committee di- the original ruling sound and correct makes it in order now to offer the amendment presented by the gentleman from Kentucky. vi~~ t~:L~~:e1 ~efc:i:~::~. noes 61. Mr. SPINOLA. Oh, no. The CHAIRMAN. In the opinion of the Chair the amendment of l\Ir. SPRINGER. It will require a vote of the committee to tell whether tellers the gentleman from Kentudry would do indirectly what can not be shall be ordered. done directly, which has been uniformly decided by the Honse as not Tellers were ordered. The CHAIIUlAN. The Chair will appoint as tellers the fentleman from New in order, and, as the Chair has stated, the whole matter is entirely in York [Mr. I ... AIDLAW} and the gentleman from Tennessee Mr.Mol\IILLIN]. the hands of the committee. [Cries of" Regular order!"] The committee again divided; and the tellers reported-ayes 80, noes 7ti. Mr. SPRINGER. I rise to a parliamentary inquiry. So the motion to strike out the enacting clause was adopted. The CHAIRMAN. The gentleman will state it. Mr. McMILLIN. Thereupon, as the record shows, the committee Mr. SPRINGER. If this committee should negati\e the pending proceeded to the consideration of the Fremont bill, called up by the motion, would it be in order to move to reduce the amount carried by gentleman from New York [Mr. SPINOLA], and it will be seen that at ., the bill as it stands? . no time was there a division pending before the motion of the gentle The CHAIRMAN. The Chair holds that if the committee refuses to man from New York. Hence, with all due deference, I insist that the report the bill as amended back to the House with a favorable recom Chair is in error in holding that when the motion of the gentleman mendation, any motion or amendment that would otherwise be in order from Illinois was adopted the committee was dividing. will be in order thereafter. The CHAIRMAN. The gentleman from Alabama appeals from the Mr. SPRINGER. Then we will vote down the motion to report it decision of the Chair. The question is, Shall the decision of the Chair back favorably. stand as the judgment of the committee? The CHAIRMAN. That is for the committee to decide, not for the The question having been put, Chair. The CHAIRMAN said: The noes appear to have it. Mr. KERR, of Iowa. Mr. Chairman, I submit that in a case of this Mr. REILLY. I call for a division. kind, where the House has referred the matter back to the Committee of The question was again taken; and there were-~yes 56, noes 46. the Whole, it is not in order for us to have it sent back again without Mr. OATES. I call for tellers. having a word of discussion upon it, and I submit that there is no rule Tellers were ordered; and Mr. OATES and Mr. LAIDL..l w were ap requiring that that course shall be taken. pointed. The CHAIRMAN. The Chair answers the gentleman from Iowa that The committee again divided; and the tellers reported-ayes 70, that is a matter entirely for the committee to settle, :md it is not for the noes 61. Chair to assume to settle it. The Chafr will put the question. So the decision of the Chair was sustaine'1. Mr. OATES. Mr. ChairmRD, what is the decision of the Chair? I The CHAIRMAN. The question now is, Shall this bin be laid have not been able to learn. [Laughter.] aside to be reported to the House with a favorable recommendation? The CHAIRMAN. The Chair will state it again. The decision of Mr. LAIDLAW. Before the vote is taken on that question I would the Chair is that the only question before the committee now is the like the Chair to announce that, if the motion be agreed to, the recom question upon which it was dividing last Friday when the gentlemnn mendation will be only for $100,000. from Illinois [Mr. SPRINGER] interposed his privileged motion. Mr. McMILLIN. Debate is not in order. Mr. OATE '. And the Chair decides that debate is not admissible? The CHAIRMAN. The Chair declines to state anything about that Does that decision cut off debate? mattel'. The CHAIR.MAN. Debate has proceeded by unanimous consent, The question being taken, there were-ayes 48, noes 70. and the Chair is happy to know that almost every member of the com So the motion to lay the bill aside to be reported favorably to the mittee has had something to say on the subject, either in hi'S seat or House was rejected. standing and addressing the Chair. [Laughter.] Mr. LAIDLAW. I demand tellers. -- . ~ : ,,...... ·' , I. 1890. CONGRESSIONAL ~RECORD-HOUSE. 2243 The CHAIRMAN. The Chair will state the status of the bill. It (and I concede that he has rendered valuable service to the country), I is now open for debate and amendment. think Congress ought to meet the question squarely and give him a ,· Mr. LAIDLAW. I demand tellers. pension such as he may be entitled to, if any he should have. This is The CHAIRMAN. In the opinion of the Chair the demand comes nothing more nor less than a proposition to pension him at the rate of tioo late. Sl0,000 or $12,000 a year. I am not certain as to the amount which a Mr. BRECKINRIDGE, of Kentucky. I move to amend the bill by major-general on the retireit-list would be entitled to receive; but I striking out "$100,000" and inserting "$75,000." understand it is about $11,000 a year. Mr. HENDERSON, of Iowa. I move to amend the amendment by Mr. CUTCIIEON. The salary of a major-general serving in the reg striking out "$75,000 11 and inserting "$50,000." ular Army is $7,500 a year; upon the retired-list he would get 75 per The CHAIRMAN. The question is on the amendment to the amend cent. of that amount. ment. Mr. CHEADLE. Five thousand six hundred and twenty-five dolla1·s. Mr. SPRINGER. The gentleman from Iowa, as I understand, makes A .MEMBER. Are there not extra allowances? this motion for the purpose of having the House now finally conclude Mr. CUTCHEON. There are no allowances for quarters, rations, or this· question by aµeeing 1io fix $50,000 as the amount to b~ paid. anything else. Mr. HENDERSON, of Iowa. I want to bring the bill to the amount Mr. PICKLER. What is the age of General Fremont? I am willing to vote for. I will never vote for it unless the amount be Mr. CUTCHEON. Seventy-six years. cut down to $50, 000. Mr. KILGORE. I do not know of any instance where Congress has Mr. SPRINGER. Is that satisfact ory to the friends of the bill? retired an officer with the same rank that he had in the volunteer army. Mr. FARQUHAR. It is not satisfactory to anybody but himself. l\Ir. CUTCHEON. But General Fremont was a major-general in the Mr. McCREARY. At the last session of Congress, when this bill was regular Army. . under consideration, an amendment was adopted fixing $65,000 as the Mr. KILGORE. But it iq not the rule, as I understand H, to ret.ire a.mount to be paid Mr. Emery. I suggest that the gentleman from Iowa officers with the same rank they have held in the regular Army. modify his amenilment so as to name $65,000 instead of $50,000. Mr. CUTCHEON. If the gentleman were conversant with the his Mr. HENDERSON, of Iowa. I have very carefully followed the de tory of this matter he would know that such officel'S have been retired bate on this question for several Congresses. Dui·ing the djscussions with full rank in a number of instances, especially when they have had in previous Congresses a great many questions were asked which were war service. not satisfactorily answered. I am satisfied that $50,000 would be a U:r. KILGORE. But ib is not the rule to place a man back on the liberal compensation in this case; and I do not like to accept the propo roll with the rank of major-general after be has been out of the service sition of the gentleman from Kentucky [Mr. McCREARY]. If my for twenty-five years or any other cousiderable length of time and then amendment be voted down, the sense of the committee can then be retire him with the rank of major-general. I say that is not the rule; tested upon $65, 000, the amount proposed by the gentleman from Ken aml we ought not to establish a precedent of that kind unless the rul~ tucky. [Cries of "Vote ! " " Vote ! "] is made to apply to all alike. General Fremont's services to the coun The question being taken on the amendment of Mr. HE...~DERSON, of try-his greatest services-were rendered as a civilian, and not as a sol Iowa, to the amendment of Mr. BRECKINRIDGE, of Kentucky, it was dier. Ile was liberally rewarded for such services by the Government; agreed to, there being-ayes 83, noes 50. he was honored and promoted by the people, and has been accorded a The amendment as amended was then agreed to. high place in the esteem of lhe people of the nation. Mr. SPRINGER. I move to amend the bill by inserting "which Mr. CUTCHEON. One year ago we retired our old friend, General amount shall be in full of all demands against the Government." Rosecrans, with his full rank of brigadier-general, and I think the gen Mr. BUTTERWORTH. That is already in the bill. tleman participated in that action. General Rosecrans is now drawing Mr. SPRINGER. All right then. his salary, not only as a brigadier-general on the retired·list, but also Mr. MANSUR. I want to amend the amendment of the gentleman his salary as Register of the Treasury in addition. from Illinois. l\Ir. BUTTERWORTH. That is a statement, .Mr. Chairman, that Mr. SPRINGER. I have withdrawn my amendment. ought not to go unchallenged. He is not drawing both salaries and be Mr. MANSUR. I simply want to add the words "This amount is can not do so under the law. given as full payment by the stingiest government on God's green Mr. CUTCHEON. I understood he was. earth to nrivate individuals.'' Mr. BUTTERWORTH. The gentlem:tn's understanding is incorrect. Mr. KERR, of Iowa. I would like to substitute the declaration that He can not draw both salaries under the law. 'r thiq is $50, 000 paid for nothing.'' Mr. CUTCHEON. There is a bill now pending to prernnt the draw l\Ir. LAIDLAW. I demand tellers on the vote last taken. ing of two salaries. Tellers were not ordered. Mr. BRECKINRIDGE, of Kentucky. I should like to inquire of Mr. MANSUR. Mr. Chairman, was the question taken on my the gentleman from Michigan whether we have retired any officer who amendment which I offered as an amendment to that of the ~ent.leman went out of the Army at as high a grade as major-general? from Illinois [Mr. SPRINGER]? - Mr. CUTCHEON. I belieYe there are such instances, but I can not Mr. SPRINGER. I 'withdrew my amendment, as it was stated the recall them at this moment. bill already contained substantially the same provision which I pro Mr. BRECKINRIDGE, of Kentucky. I know there are numbers of posed to insert. officers who hnve been retired with the rank which they held in the Mr. MANSUR. If the gentleman withdraws his amendment I with volunteers, bot I believe there has been no instance where an officer draw mine. oft e regular Army has been retired with the rank of major-general . ·(. The CHAIRMAN. The question is now on laying aside the bill as o the retired-list. Has there been any retired at a higher grade than I .· amended to be reported to the Honse with a favorable recommendation. at of brigadier-general? The motion was agreed to. Mr. CUTCHEON. I believe there has been quite a number of cases JOHN C. FREMONT. where the retirement bas been in the highest grade held in the regu lar Army. The CHA.TRUAN. The Clerk will read the title of the bill l'iir. BRECKINRIDGE, of Kentucky. If the gentleman can remem order. ber any instance where such an officer has been retired as major-gen The Clerk read as follows: eral in the regular Army I should like to have him state it. A bill (H. R. 2849) authorizing tbe President to appoint and retire John C. Fremont as a. major-general in the United St.ates Army. Mr. CUTCHEON. I believe there are a number of instances. Of course where an officer is retired as a major-general there is no ques M.r. SPINOLA. This bill bas already been read through on a former tion of regular Army or volunteers. All retired officers are recognized day, and there appears to be no opposition to it. · I move that it be as a part of the military establishment. laid aside to be reported to the House with a favorable recommendation. Mr. SPINOLA rose. Mr. KILGORE. I make the point of order that this bill is before Mr. KILGORE. I believe I have the floor, and I should like to a.sk the Committee of the Whole for consideration; and the motion just the gentleman from Michigan what would be the pay of General Fre made by the gentleman from New York would cutoff all ::i.mendments mont if he were placed upon the retired-list as brigadier-general? and discussion, and therefore can not be entertained. l\Ir. CUTCHEON. The full pay of brigadier-general is $5, 500 a year, The CHAIRMAN. In the absence of any proposition to amend or and on the retired-list he would get three-quarters of that full pay. debate, the only thing the Chair can do is to state the motion of the As a major-general be would get three-quarters of $7,500 a year. gentleman from New York. Mr. KILGORE. Figure it out for me. Mr. KILGORE. I move to amend by striking out in lines 9 and 12 Mr. CUTCHEOX. I will in a moment. of the bill the word "major" and inserting in lieu thereof the word Mr. KILGORE. The purpose of my amendment is to strike out ''brigadier.'' ''major-general '' and make it read '' brigadier-general.'' As I understand, Mr. Chairman, the purpose of this bill is to restore Mr. SPINOLA. Mr. Chairman, H would be an insult to reduce the General Fremont to the rank of major-general and put him on the re grade in the case of General Fremont from that of major-general to that tired-list with the rank and payofamajor-~eneral retired. Now, Gen of brigadier-general, when we reflect upon the immense renown which eralFremonthasbeenoutof theservicetwenty-fiveyears or more. If he he has conferred upon his country. The services this great ma.n has ren is entitled to a l>ension for valuable services rendered by him heretofore dered can not be adequately described by any speech delivered upon this J {- , I : • • I ,· •\ 2244 CONGRESSIONAL RECORD-HOUSE. MARoH 14, floor. His name stands upon the pages of his country's history almost He was again in Washington in August, 1844; his report put the seal unsurpassed for the value and glory of the acts which he has done and to the fame of the young explorer. which have increased the extent and power and the glory of the Re- In 1845 he was again on his way to the Pacific with his mountain public. In his declining years, in his old age, should we not do every- comrades, to examine in detail the Pacific slope of the continent, which thing we can to smooth his way during the few years that still remain resulted in giving a volume of new science to the world and California to him? Shall I appeal in vain to ~be patriotism of this House in his to the United States. behalf? His achievement.a, military and civil, and services during the war Think of what he has done, Mr. Chairman. He saved to this coun- with Mexico, in the occupation by our naval and milit.a.ry forces, result fry the Pacific Slope without the cost of a drop of blood. And had it ing in its acquisition, were rewarded by the people of California, when it not been for his presence, decision, and skill the red flag of England became an independent and sovereign State, by making him the first ·to-day would have waved over the whole of that vast extent of coan- Senator to represent them in the Congress of the United States. try, and its millions of gold and silver would have been lost to the Mr. :MANSUR. Mr. Chairman, Jessie Benton married John C. Frc- United States besides; it would not have been secured by us without mont. a costly and bloody war.· He gave it to us without price, and because :M:r. SPINOLA. Yes. of his serviceR to the country we should now take care of him. Com- Mr. MANSUR. It was Benton, the great 1.Ii1tsourian, who pointed ing fron Northern California. all the way down to Monterey he tvok the way to the west, and said: "There lies India, there lies the East.'' Mexican fort after Mexican fort until at last the American flag tloated Speaking, theu, as a Missorufan, with Missouri's admiration for Ben- along the whole coast. ton, the only man to this day, whether Republican, Whig, or Democrat, When he met Commodore Sloat the question was settled and the who has served theAmericanpeopleforthirtyyears in theSenateofthe Pacific Slope was in our possession, with its now untold wealth in agri- United States, I hope that this bill may pass. And I would sayto my cultureandcommerce, which, added totheproduct;sofitsmountainsand Democratic friends, passing by the other side for the time being, that valleys, has done much towards making us the great nation we are to- John C. Fremont, when he led his force past the Rocky Mountains, day, which should justify us in conferring upon this intrepid man the when be went to California, when as military governor he ruled there, very highest honors within our gift. We should no~ in his declining when be led the way to the treaties that gave ue all that Mexican re years permit him to suffer, but, on the contrary, should save him from gion, fellow-Democrats, he added to this country nearly one-half its every discomfort and make pleasant his few remaining years. I trust, area. This he did in connection with the Yalor of our American sol tberefore, the amendment will not prevail. Three-fourths of the pay diers, of whom he was one. Thus Fremont's action and conducteventu of $7,500 is not more than we ought to give to him when we consider ally led to our acquisition of half the area of this country that you the great services he has rendered tothe country. gentlemen on the other side are so fond of telling us every day yon I hope, therefore, my friend from Texas will withdraw the amendment saved. and let this bill go through just as it is. Ur. CUTCHEO:Y rose. Mr. STEWART, of Georgia. Do you know this gentleman's pecu- Mr. MANSUH. I hope I will not be interrupted, Mr. Chairman. niary condition? · If that be the case, if he doubled the magnitude of the country, of Mr. SPINOLA. My friend asks me as to his pecuniary condition. which to-day each and every man on this floor I hope and believe is Mr. Chairman, I do not wish to picture before the House and the coun- justly proud, if his actions and management gave us a region that has try the pe.!uniary condition of any citizen. But I will say, God for- more than doubled our power, aR well as the wealth and the glory that l>id that I shall ever be placed in the financial position he occupies I attach to us as a nation among all the other nations Of the earth, then to-day or that any member of this House shall be placed in that condi- this man, who is known in Missouri as the great Pathfinder of the West, tion. Yes, I could describe his condition financially if I chose to do deserves this recognition at the hands of thcAmericanCongres.s as well so, but I do not believe it necessary. as any other man whose na'lle has in recent years been before the Con- Frcmont blazed his way across the continent with no guide but the gress of the United States for similar action. starry banner of bis country as westward the march of empire took its .Mr. Chairman, I am speaking for myself, witbou t consultation with way. The name of General Fremont is identified forever with some any one on this side of the Chamber, but I do not belieYe that a man of the proudest and most grateful passages in Ame1·ican history. His from Missouri could well oppose this bill. I hope n.ot, at least. We ~O, 000 miles of wilderness explorations in the midst of the inclemencies have seen, day in and day out, other men thus retired, this one and the of nature and theferocitiesofjealous and merciless tribes, his powers of other compensated in some m:tnner for gallant services. And when it endurance in a slender form, his intrepid coolne$ in the most appall- comes to the glory of my own State I feel, although I do not believe I ing dangers, bis majestic sway over enlightened and savage men, his can quote exactly the language uttered by the immortal Webster when vast contributions to science, his controlling energy in the extension he rose in his place in the Senate of the United States and, speaking of our empire, his lofty and unsullied ambition, bis magBanimity, bu- for the Commonwealth of Massachusetts, as I hope I am Yoicing to-day m::rnity, genius, sufferings: and heroism, should make all lovers of the tsentiment of Missouri, said: progress, lP.arning, and virtue rejoice when Fremont's services have There stands l\Iassachusetts; she needs no eulogium. been rewarded by the admiration and the gratitude of the nation. [Laughter.] The feet of three men have pressed the Rlopes of the Rocky Mount- That may not be exactly correct. I know I barn got the idea, though \ ains whose names are associated forever with these vast ranges. Hum- possibly my language is not exact. So say I for Missouri. boldt, the Nest-Or of scientific travelers; Audubon, the interpreter of There Missouri stands, and needs no eulogium. And as Webster ·natme; and Fremont, the pathfinder of empire. Each has done much spoke for Massacbnsetts in the olden days, so spoke Benton for Mis to illustrate the natural history of North America and to develop its I sonri, in the same years and in the same place; and each . tatesman was illimitable re.sources. and is the crowning glory of his State to this day. So, as the name of The youngest of all is likely to become as illustrious as either, for fort- Fremont is by the ties of marriage indissolubly linked with that of une has linked his name with a scene in the history of the Republic as Benton and the blood of the great commoner of Missouri is perpetu startling to the world as the announcement of its existence. To him ated in the line of Fremont, I have, as all Missourians have, the double was committed the magnificent taik of opening the golden gates of our incentive to honor both in aiding by my voice and my vote this bil1, Pacific empire. His early association with Nicollet, a.s his assistant for which, if it becomes a law, will give comfort to the closing hours of a. four years in the surrny of the basin of the Upper Mississippi, and his gallant man and his family, whose services have been distinguished in association with that learned man in his field labors and in drawing up cidl as well as in military times. So, I appeal earnestly in behalf of the great map which unfolded to science the vast tract they had ex- a man so eminent all his life as General Fremont was and is; a man plored gave him u thirst for adventure. He now planned the first of whose work aided so largely in securing for us such a magnificent area those distant and perilous expeditions which have given luster to his of territory; one so related to the family of the foremost Missourian of name. any age; I may safely appeal to this side of this Chamber, smely to Having received a. lieatenant·s commission in the Corps ofTopograph- every colleague from my State, in view of all precedents adopted in ical Engineers, he proposed to the Secretary of War to penetrate the these latter years and of the real merit of General Fr6mont, to rally Rocky Mount.a.ins. His plan was approved, and in 1842, with a hand- to the support of this bill. ful of men gathered on the Missourifrontier, he reached and explored Mr. SPINOLA. I yield nowtothegentlemanfrom Ohio [Mr. WILL- the South Pass; he achieved more than his instructions required. His IAMS] for a few minutes. report was printed by the Senate, translated into foreign languages, and Mr. WILLIAMS: of Ohio. Mr. Chairman, I hope the committee the scientific world looked on Fremont as one of its benefactors. Im- will not support the amendment. In my judgment it is a wise pro patient, however, for broader and more hazardous fields, he planned a vision oflaw that provides that the officer grown old in the service of new expedition. His first bad carried him totbesummitoftheRocky his country may be placed on the retired-list with ample provision to Mountains, and in November, 1843, he stood on Fort Vancouver, with render the evening of his life happy and pleasant; and whenever and the calm waters of the Pacific at his feet. On his return he was lost wherever I meet one of those gray-headed veterans, standing by reason to the world nine months traversing 3,500 miles in sight of eternal of age in the twilight of two worlds, I cheerfully render to him the snows, in which he explored and revealed the grand features of Alta reverence that is due to age and valor. California, the Sierra Nevada, the Valley of San Joaquin and Sacra- I also approve of those special acts of Congress that have singled out mento, and established the physic::i.1 geography and natural history on officers who, after serving with credit to themselves and country in the the western part of our continent. camp and :field, return to the duties of civil life, and then in time • j .... . ' -. .4 1890. CONGRESSIONAL RECORD-HOUSE. 2245 of war, when the nation bas need of the brain and brawn of her brav Mr. HOOKER. Were they not in the Army at the time? est sons, again took up the profession of arms and rendered brilliant Mr. CUTCHEON. Not all at the time of retirement, but they had and distinguished services to their country. Therefore, I am in favor all been distinguished generals. of authorizing the President, by a special act of Congress, to appoint and Mr. HOOKER. Were they not in the Army? retire John C. Fremont asa major-general of the United States Army. Mr. CUTCHEON. They were volunteer officers during the war, and, Time will not permit, nor is it necessary in this presence, to recount the as a rule, appointed to the military establishment at the close of the services of General Fremont. They are written on the pages of our war, and they were retired generally from 1866 to 1869-- country's history, brilliant in character and beneficial in results. Mr. HOOKER. They were still in the service at the time? His name will be identified forever with the hist.ory of adding one Mr. CUTCHEON. No, not as generals; they were genera.Ily mus of the brig;htest stars that glitter in our constellation of sovereign tered out at the close of the war as volunteers, and then appointed to States to the American Union. California, with the "sky of Italy and the military establishment in lower grades, and afterwards retired un the soil of Egypt" and a mineral wealth that challenges the admira der a general act, and placed upon the retired-list. [Cries of" Vote!"] tion and wonder of the world, was won and saved to the nation by the But, Mr. Chairman, I do not desire to detain the House from coming bravery, fortitude, and sagacity of John C. Fremont. Yea, I go farther; to a vote upon this bill General Fremont is 76 years of age, and can his history will be forever identified with that vast empire that lies be live but a fow years longer. His services were pre-eminent both in tween the Mississippi ~iver on the east and the Golden Gate on the west. peace aud in war; and it seems to me that a grateful nation can not do Over treeless and waterless plains he led his gallant explorers; up the less than place his name among those of other distinguished men whose rugged mountains, above the line of perpetual snow, he led his brave high services illustrate our history. His service int.he exploration of men and unfurled the stars and stripes higher towards the blue dome the path of empire from the Atlantic to the Pacific would entitle him . of the sky than mortal man had ever waved our country's flag before. t.o this consideration. His later services in securing to our country the .· Foreign nations recognized hi..c; eminent services. The King of Prus results of the Mexican war in the conquest of California would entitle sia, afterwards the Emperor of the German Empire, delegated to the him to this consideration. His services, very great during the war of illustrious Humboldt the duty of presenting Fremont with the ''Grand the rebellion, would abundant.lyentitle him to this consideration; and golden medal destined to those who have labored at scientific progress.'' it seems to me, withouttakingmoretime, theamendment ought not to The Royal Geographical SocietyofEnglandawardedhim the'' Found prevail; but for the few months, or for the few years at most, that Gen ers' medal '' for distinguished services rendered geographical science. eral Fremont will remain among us, we should signify to him the But the recognition of the distinguished services of John C. Fremont thanks of a grateful nation by putting his name on t.he list with those _ is not the heritage of any party. The author of this bill is the able whose names I have just read, who have already been retired. gentleman from New York, the hero ofahandred Democratic battles and Mr. HOOKER. Do I understand the gentleman to state that he is victories and the idol of Tammany Ball [applause on the Democratic to be i·etired with the rank which he held in the Army, and t.hat be side], where be leads the way in rendering homage and justice to the was a major-general in the regular Army? Old Pathfinder of the nation. May not Republicans gladly follow his Mr. CUTCHEON. Yes; he wasamostdistinguishedmajor-general. lead? One of the senior major-generals. The life-work of Fremont is al mClst done; when the weight of seventy Mr. HOOKER. I ask leave to suggest to the House that certainly six years rest upon the head, life has but few duties and no ambitions. it would not want to inflict an indignity upon General Fremont by re Fremont is poor; the nation is rich; and to me it is a grateful duty tiring him at a grade in the Army lower than the actual grade be had to cast my vote in favor of a measure that I regard as one of simple in the regular Army of the United· States. justice to a distinguished citizen of the Republic. .Mr. CUTCHEON. Ile held it from 1861 to 1864. I hope, Mr. Chairman, that the gentleman will withdraw his motion Mr. LANE. Mr. Chairman, the proposition before the House now to strike out the word "major-general" and insert ''brigadier-gen is to retire John C. Fremont with the rank of major-gen~ral of the eral." It isi due to General Fremont, in view of his past services and United States Army. in view of his past history and the services he has rendered to this nation, I wish to be beard briefly on this question. John C. Fremont has that he be placed upon the retired-list in his old age and in his poverty. been in private life now for twenty years or more and it is now pro Mr. CUTCl:IEON. Mr. Chairman, I do not desire to detain the com posed to retire him from the Army, where he has not been for nearly mittee, but I wish ti) call attention for a moment to the question that a quarter of a century, and the Government to pay him a pension or was asked by the gentleman from Texas [Mr. KILGORE] and also by salary at the rate of $5,000 per annum for and during his natural life; the gentleman from Kentucky [Mr. BRECKINRIDGE] in regard to the and I suppose it will then be asked to put his widow on the pension retirement of officers with the full rank held in the Army. I hold in roll at a like sum. Whyshouldthisbedone? I knowiam notwant my hand the Army Register for 1889, and on page 186, where the re ing in admiration for the gallantry of the American soldiery, and if tired-list is found, I find that Daniel E. Sickles was retired as major J obn C. Fremont was now in the Army he might be placed on the re general in April, 1869. The highest rank he ever held in the military tired-list under the general law and draw two-thirds of a full salary, as establishment was colonel of the Forty-second Infantry. Directly fol other officers do. But there is no reason offered to the House why this Jowing his name is that of John C. Robinson, whose highest rank in case should be made exceptional and a special act passed for his benefit. the military establishment wn.s that of colonel of the Forty-third In Sir, there is somebody else to be remembered in this Honse and fantry. He was retired with the rank of major-general May 6, 1869. country besides the generals and the other army officers. There is some The next name is that of Samuel C. Carroll. His highest rank was that body else in this country besides that class of men. There is another of lieutenant-colonel of the Twenty-first Infantry. He was retired cJass, the men who pay the taxes aud bear these burdens, but are very with the rank of major-general on the 9th of June, 1869. seldom mentioned in this Rouse. There is the great mass of tax-pay Then follows the name of Maj. Gen. John Pope, who was retired with ing, tax-ridden people in this country who are expected to pay all this his proper rank. The next is Maj. Gen. Alfred H. Terryi retired with money, and I insist that once in a while their voice ought t.o be heard his proper rank, and General Harney, who was also retired with his in this House, especially when we are asked to put everybody upon proper rank. Next comes the case of Francis Fessenden, whose highest the pension-roll or upon the retired-list. I hold in my hand a paper rank in the regular Army was that of lieutenant-colonel of the Forty which is indorsed by all the farmers' organizations in the West, several :fifth Infantry, and who was transferred in the same rank to the Twenty thousand in number, and I send it to the Clerk's desk to be read as a eighth Infantry, and retired with the rank of brigadier-general Septem part of my remarks, an extract which expresses my views on this ques ber 1, 1866. The next case is that of Eli Long, who was retired with tion. the rank of brigadier-general, his highest full rank in the military estab The Clerk read as follows: lishment being captain. The next name is that of General Richard W. 'Yhile we favor a liberal system of pensions to the soldiers and sailors who Johnson, whose highest rank in the military establishment was major in the line of duty became disabled from earning a livelihood, we a.re unaJt.era. bly opposed to creating or retaining a list of retired office-holders, either civil of the Fourth Cavalry. He was retired with the rank of major-general or military, as pensioners, to be supportedntthe public charge, and that largely on the 12th of Oct.ober, 1867, and with the rank of brigadier-general on by the hard earnings of farmers and laborers who can hardly support them the 3d of March, 1875. The next on the list is Thomas J. Wood, whose selves and families. It is unrepublican and smacks strongly of aristocracy and highestrankwascolonelofthe Second Cavalry. He was retired with the royalty. · rank of major-general on the 9th of June, 1868, and as a brigadier-gen Mr. LANE. This, Mr. Chairmg,n, is a part of a series of resolutions eral by the act of March, 1875; and I might go on with other names a(lopted by the farmers' organizations throughout the West and North contained in that list, but I think this is a sufficient illustration. west, and I fully indorse every word of it. It was sent to me from a Mr. KERR, of Iowa. Were these generals retired by special act? farmers' lodge at Vern, in my district. I am informed that there are a. Mr. CUTCHEON. Some of them were and others under a general great number-of these lodges in Illinois and other Western States, act applicable to all officers of their class, retiring them upon the high amounting now to many thousand voters, and the organization is still est rank held by them in the volunteer service. going on. They have spoken in no uncertain terms on this question, Mr. HOOKER. I desire to ask the chairman of the committee a and they are entitled to some recognition in this country and upon the question if he will permit me. floor of this House. They are expected to pay the burden created by . ' Mr. CUTCHEON. With pleasure. this bill, and for that matter all other bills passed by this House, and Mr. HOOKER. Were all these officers retired with the rank they it is unjust to them tQ burden them with nunecessary hardships and bad in the Army which is proposed by this bill? . deplete the Treasury with unjust legislation. .Al!. they say in the reso Mr. CUT'iHEON. Certainly, upon their full rank. lution, this character of legislation is unrepublican and smacks strongly ,· ,. . ~. ' 2246 CONGRESSIONAL RECORD-HOUSE. MA.ROH 14, of aristocracy and royalty. The farmers this year are unable to pay the But he is an American; he belongs to no particular section of this taxes on their !arms and homes, much less to meet the hardens of placing country; he is a constituent of mine, residing in the Congressional men on the retired-list with princely salaries, to Iivein luxury and ease. district that I represent. He rescued that Paci.fie shore from a foreign This is what is done in the old countries and royalty is the result. jurisdiction; he t-0ok po3Session of it in the name of the United States, I am unable to say just at this moment bow many are on the retired planting the flag which wa\•es there to-day; he has gone to that shore liBt in this country. I did not know the question would come up this to find an asylum and a home in his declining year~. This country afternoon, and therefore I am not prepared to state the ex:act number owe..; him a debt of gratitude, and I undertake tosay there is no hard or the amount p:iid, bnt it amounts to thousands of dollars annually banded son of toil in the length and breadth of this land-no tiller of the and is still increasing. The principle is wrong of retiring these men soil-but cherishes the name of J obn C. Fremont in his heart with grat and putting them on the pension-roll, for it is nothing else. itude and associates it with the greatest glory and renown of this The friends of this measure say that General Fremont was a distin country. guished man. So are the governors of the various States and lieuten John C. Fremont made a history for himself in this country before ant-governors, the judges of our courts, State and national, the generals the war of the rebellion he made a history for himself from 1861 to and colonels in the late war, as well as many distinguished private sol 1865; he has made a history for himself since. There is uot a b1emish diers. The list can be swelled to several thousand who might be placed upon his name. He is a kind, noble, self-reliant American citizen; and on the retired pension-roll, and the same reasons would exist for this now, in the declining years of his life, when he has sought a home u,,pdn as do for placing John C. Fremont on the retired-list and paying him the Pacific shore, it you refuse him for the short remnant of his days $5,000 a year. this small pittance of comfort you allow him to go down to his grave in .Mr. Chairman, this act is an-American, unrepublican, and in lbe poverty, but not in dii;;grace. His name will still live. It is a part of name of the great labor and farm organizations and tax-payers of the the heritage of this country. The nam2, the example, the exploits, and .country I protest against its passage. the history of John C. Fremont will be referred to by coming genera Mr. SWENEY. .Mr. Chairman, if there is one citizen of the United tions, inspiring them to emulate his virtues and bis greatness. States that objects to the retirement of General John C. Fremont l This bill should pa.<;s without an amendment; and General Fremont have yet to hear of it. If there is one citizen of this country who de should be put upon the retired-list as a m~jor-general of the United sires him to be degraded from the highest rank which 1 e held in the States Army, in vindication of ourselves as much as in justice to him. regular Army of this country, then I regret it, and especially, l\Ir. Chair [Applause.] man, should I regret it if this action were taken after Congress bas Mr. ENLOE. Mr. Chairman, I have been very much interested in placed the name of a Fitz-John Porter upon the retired-list atthe high the information which has been given to us about the "debt of grati est rank which he ever held in the regular Army. I am not generally tude" resting upon the American people to General John C. Fremont, in favor of placing people on the pension-list or on the retired-list, but I and I have listent.>d with especial interest to the speech of my friend represent a farming community, tully as much so as that which is rep from Ohio [l\Ir. WILLIAMS] describing the difficulties and the hard resented by my friend from Illinois [Mr. LANE], and I believe that the ships which General Fremont had to encounter and overcome in acquir patriotk people of this country of all classes desire to remember and to ing possession of the great territory which was added to our country reward the services of such patriots as Jolin C. Fremont has proved by the war with Mexico. And I h.ave thought it strange-I have often himself to be. Therefore, sir, I stand here to protest in the name of thought it strange in this House-that when we commence to remem the patriotic citizens of this country and of the soldiers of this coun ber our "debt of gratitude," it generally begins with remembering try against degrading him from the rank which he held in the regu the "debt of gratitude,, to the officer; but I have not heard any man lar Army of the country. here to-day who seems to remen.ber the "debt of gratitude" that is Mr. KERR, of Iowa. Mr. Chairman, I am not one of those who think. due to the soldier, the private soldier who made the victories of that that a man is "degraded" when he is given $4,000 a year. [Laugh war possible. ter.] I think that is an abundant allowance for any man in order to Mr. PICKLER. We are going to give you a chance to vote on that. secure him comfort in his old age. No man in this country has been a Mr. ENLOE. Go back and attend to Oklahoma. I thought yon more thorough admirer and defender than I have ~en of General John had run dry on that. [Laughter.] This is not Oklahoma. C. Fremont. In my youth I read of his travels in the far West from Mr. Chairman, I would like to offer an amendment to this bill, ifit the beginning to the end, and I am one of those who have never been were in order-an amendment providing that the Secretary of the In able to get over the unfortunate conviction that he is one of the great terior place upon the pension-roll the name of every soldier of the Mex est men in our country and has done as much for our institutions and ican war who is to-day on the pension-roll, at the rnte of $12 per month. for our Government as any living man. I do not know but we might spread our gratitude over a wider terri But while I say that, Mr. Chairman, I do not think that we are tory and benefit a much larger class of people, a class of people who doing justice to the great tax-paying community of this country in are equally deserving and whose necessities are as great, if we should allowing any man to have, by way of pension or allowance, more than adopt that proposition as a substitute for this bill. is proposed by the amendment of the gentleman from Texas [Mr. I have been opposed and am opposed to-day to the policy of taking KILGORE]. I was surprised to see gentlemen on the other side of the up any man, I care not what his record may be, what his history may House bring 1orward the great civil services of a man as a reason why be, what the ''debt of gratitude" that the country owes to him may ,,. he should be placed on the pension-roll. It bas never been con be, to taking him up after he has retired from the military service of ceded in this country as any reason for pensioning any man that he had the country and putting him back in the Army for the purpose of sad performed distinguished civil services, and it ought not to be allowed dling him as a pensioner upon the tax-payers. I voted against the to be a reason now. Rosecrans bill. If I had been here, I wonld have voted against the The gentleman from Ohio [Mr. WILLIAMS] spoke of what <>ther gov Grant bill. I will vot;e against this bill to-day; and I will vote again.st ernments in other countries have done for men who have rendered dis every bill of similar character that comes up in Congress so long as I tinguished service to the state. We are not in the business in this am a member, because I am opposed to such measures on principle. country of imitating those nations that are looking out for their lead Mr. OATES. As I understand, the gentleman by that statement ing minds. In this country we have the proud boast that in our legis means to say, not that he is opposed to giving pensions to such persons lation we are looking out for the masses of the people, trying to secure as may deserve them on account of mili_tary service, but that he is op to our men an equal chance in the race of life, and to see to it that no posed to taking a man after he bas retired from the military service great man's children or no great man himself shall be given the privi and putting him back into the Army for the purpose of placing him on lege of having a tax levied upon the people in order that he may be the retired-list. maintained in a superior position to the masses of his fellow-country Mr. ENLOE. That is the proposition I intended to state; I thought men. It is nnrepublican, it is an-American; and for one I thinkitisa. I had made myself clear. I am obliged to the gentleman from Ala • I very great concession on the part of the gentleman from Texas to move abama for calling my attention to the matter. I do not believe in tak that John C. Fremont-and, I repeat, there is no man in this House ing a man after be bas retired from the military service, after he bas who honors General Fremont more than I do-should receive in his old gone into private pursuits and perhaps been unfortunate, and putting age $4, 000 a year. him again into the military service for the express purpose of placing Mr. VANDEVER. .Mr. Chairman, the name of John C. Fremont him on the retired-list and paying him a pension. I have often won has been a household word in this country for half a century. He dered who was going to take care of the unfortunate members of this blazed a pathway across this continent from sea to sea before the Amer Congress after they have retired from active service. There are a great ican flair first floated in sovereianty upon the shores of the Pacific. He many gentlemen here to-day who feel that they are rendering distin has a world-wide reputation. John C. Fremont lias a name that lives guished service to the conn try; they are piling up ''a debt of grati in history and is respected by the people of all civilized nations. He tude." I have no doubt a great many of them will go away from here has made for himself a history which under any other government on poorer than they came. Some of them will probably go away bank this globe would have entitled him to the very highest consideration; rupt. Who is going to have them placE:d upon a retired-list and sad he would ha.ve been covered with decorations; he would have been dle them upon the tax-payers? There is ju.st as much justice and loaded with wealth. That is no reason, however, why we, in our ca right jn the one proposition as in the other. pacity of representatives of the people, should pile honors upon John But I feel, Mr. Chairman, that I am unnecessarily occupying the time C. Fremont or load him with wealth, simply because this recognition of this House. I have observed that we go about this sort of thing might have been extended. to him by some foreign government. with a great deal of consideration, with a great deal of formality and --- I • . ,, . \ . '. 1890. CONGRESSIONAL RECORD-HOUSE. 2247 ceremony with a great deal of care and caution· but we generally wind IMarch, 1871, at ~u ex~ense of £3.200 ($16,000), for a whaling voyage~ the .Arcttc. . ' · . . ' h t · She had a captam, cluef officer, four mates, and a cre\V of twenty-eight men. up with passmg any sort of a propos1t1on th~t comes ere o. pension She arrived on the whaling grounds early in September, 1871, and had a fine anybody at the ex pen e of the tax-payers of this country, especially any prospect of taking whales. The season is short, extending from abont 8eptem one of that class who ought to be able to take care of themselves and ber 1 to the ~idd l e of~ctober, and in 187L.whales were unusually pl_enly. . . . f h"~ ' tr· Our American whaling fleet of some thirty vessels had gone 60 miles farther would be if they had lived frugally, as the tax-payers O t i;:,; coun Y north and were caught in the ice, Four ships were wrecked, and the whole are compelled to live, or starve. ' fleet was imprisoned, with no hope of escape. Mr. SPINOLA. That is what members of Congress ought to do. The s.hip-masters sent a l~tter. address7d to•· any ship-master south of Icy 11 Mr. ENLOE. That is what they ought to do; and if they were not ~~~:d t~:oi:iu:hn; ;:~:s askmg mstaut aid to save them from the danger that trying to be re elected probably more of them would be doing it. The letter closed as follows: [Cries of "Vote ! " "Vote!"] "'Ve realize your p~cul~ar situation as to duty and the !Jright prospects yon . . . have fore. good catch m 011 and bone before the season expires, and now call on [Mr. BANKS withholds his remarks for revision. See Appendix:.] you in the voice ot humanity to abandon your whaling. sacrifice your personal . . . h d t interests as well as that of your owner , and put youselves in condition t-0 re- The CHAIRMAN. The question lS on agreerng to t e amen men ceive on board ourselves and crew for transit to some civilized port, feeling as- offered by the gentleman from Texas. sured that our Government, so jealous of its philanthropy, will make any com- Mr. WILLIAMS of Ohio. I hope the House will vote it down. We pensationfor you.r losses." . ' G 1F1. th · d' •t H r1bt t Themomentthisnewscamethema!' I ' 2248 CONGRESSIONAL RECORD-HOUSE. MARCH 14, State Iron Company; P. Wright&Sons; Baltimore and Ohio Railroad; Schrader Supreme Court, was only 30 per cent. Another principle of taxation & Ellerv; H. W. Oliver,jr.; and Lewis, Uliver & Phillips; C. H. & E . Odell: Drexel, 'Morgan & Co.; A.H. Barney; H. E. Collins & Co., Edgar Thomson would seem to me to be fair, anti that is that taxes ought to be uni Steel Company (Limited); Carnegie Bros. & Co. (Limited); Jo.mes Lee & Co.; form. It appears that the Secretary of the Treasury actually refunded Interstate Improvement Construction Company; James Johnston; Clarke, to other importers an excess of dntypaid in like cases amounting to over Post & Martin, agents for Springfield Iron Company; Post, Martin & Co., agents for the Springfield Iron Company; Springfield Iron Company, of Springfield, $700,000, as his letter to the chairman of the Committee on Claims 111.; Joliet Steel Company; Edge 1'\Ioor Iron Company; E. S. Wheeler & Co.; shows. Now, why should not the same be done in this case? Isaac Jeanes & Co.; Selser & Bro.; S.S. Scattergood & Co.; and N. Hellings & Mr. McMILLIN. Will the gentleman permit a question? Ero., for excessive import duties paid by them, with the same righi of appeal as in other co.ses: Provided, That the adjudication shall be for such sums only Mr. LAIDLAW. Yes, sir. as were paid in excess of the legal duty: .And provided further, That their peti Mr. l\IcMILLIN. Why was it that these claimants did not bring tious in said court shall be filed within six month~ after the passage of this bill. their suit against the Government within the time required by law l\Ir. LAIDLAW. I call for the reading of the .report. and take the necessary steps to resist payment? The rnport was read, as follows: Mr. LAIDLAW. I never suppos~d that the statute of limitations The claimants imported in the years 1879, 1880, 1881, and 1882 steel blooms, upon could be pleaded in such a case by t.he Government. I did not imag which steel blooms the customs officials and the Treasury Department exacted ine that the United States was standing up and pleading the baby and compelled the payment of a duty at the rate of 45 per cent. ad valorem. The claimants objected to this rate of duty, but the collector of customs de act. cided that that was the correct rate, and refused to allow the steel blooms to be Mr. l\icMILLIN. I am not asking about the United States acting ta.ken by or delivered to the owners until that rate, viz, 45 per cent. au va.lorem, the baby. What I ask the gentleman is why these parties did not had been paid. The Treasury Deprirtment sustained the collector of customs in this decision, and the claimants were compelled to pa.ya. duty of 45 per cent. act the man in the transaction of their own business. on the steel blooms ttiat they imported, when the correct and legal duty ,.,..as Mr. LAIDLAW. rot having been one of them, I can not answer only 30 per cent. ad valorem. the gentleman. In 188'~ a suit W&.M brought in the United States circuit court for the southern district of New York by&. F. Downing et a.l. age.inst William H.Robertson, col Mr. McMILLIN. The gentleman can not answer that question. lector of the port of New York, for the return of the excessive rate of duty ex W t-11, before be calls upon the people to pay this amount of money out acted by the collecoor of customs at that port on certain steel blooms imported of the Trea-sury, I suggest, with all due deference, that be ought to by them, namely, a duty of 45 per cent. ad valorem, instead of 30 per cent. · The case was tried and a verdict obtained against the Government for the excessive be able to answer the question. rate of duty exacted, and it was then judicially determined that. the correct rate ~fr. LAIDLAW. Oh, not at all. In perhaps two-thirds of all the of duty on steel blooms wn.s 30 per cent. ad valorem, and not 45 per cent. This claims that come before the committee it is found that some technical case was appealed by the Government to the United States Supreme Court, Oc tober term, 1884, No.853, and on the 19th of January,1885, the appeal of the Gov statutory bar has to be waived, some bar that st.ands between the citi ernment was dismis3ed by the Supreme Court. zen and justice. It is a common thing for the committee to recom The Treasury Department after this, in February, 1885, instructed the collector mend the waiving of a statute of limitation, and there is a multitude of the port to collect, in conformity with this decision, only 30 per cent. ad va lorem, instead of what the collector bad been exacting, namely,45 per cent. . o( short statutory bars which the committee often recommend shall be In the a.ct of March 3, 1883, steel blooms a.re specifically named and a rate of waived. There is hardly a claim that comes before the com'mittee that 4.5 per cent.. is sta.terl as I.berate of dnty, but prior thereto the correct rate of duty some bat is not found which the committee is called upon to waive. • was as the claimants claimed, namely, 30percent.,and as the courts determined, and not at the rate exacted by the collector of customs and enforced by the These men are asking the Government to refund money that has been Treasury Department. illegally exacted from them. There is no question about its having The bill gives the Court of Claim!! jurisdiction of these claims, provided that been illegally exacted, because the court has so determined. They are the petitions are filed within six months and that the adjudication she.II only be for such sums as were pa.id in excess of the legal duty. simply a-sking for their own. ln a letter from the Acting Secretary of the Treasury to the chairman of this Mr. CULBERTSON, of Pennsylvania. Will the gentleman answer committee, dated February 27, 1888, he states that the Treasury Department re me a question? funded to certain importers who had brought suit against the Government the difference between the rate of 45 per cent. and the rate of 30 per cent., in pursu Mr. LAIDLAW. Yes, sir. ance of the decision in the case of Downing vs. Robertson. l\Ir. CULBERTSON, of Pennsylvania. Did not these merchants or The bill now reported by this committ.ee allows the claimants who had not jobbers charge their customers to whom they sold those goods the been refunded the duty illegally exacted from them an opportunity to present t.heir claims for excessive duties paid by them to the Court of Claims. amount of the tax they had paid? Your committee recommend the pas.sage of the accompanying bill, with the Mr. LAIDLAW. Now, as to whether they did or did not, the gentle following amendment: In line 15, after the word "Collins," insert "and Com man must see upon a moment's reflection that I can not answer. But I pany." do not care whether they did or did not; I do not care whether they put Mr. CULBERSON, of Texas. Mr. Chairman, !think this bill ought the stuff in the Potomac or whether they sold it at a profit or sold it not to become law. It provides that thirty-five or thirty·six persons, at a loss. The simple question in the case is, did the Secretary of the or firms, shall have the right· to institute suit or suits in the Court of Treasury and the collector of the port take.money from these men with Claims in their respective interests to recover excesses of duties paid out authority of law? That is the question that we have to face. It by them upon steel blooms about eleven years ago. The allegation is makes no difference whether they sold these goods at a profit or at a loss. that this exces.s of duty was paid in 1879, 1880, 1881, 1882, and 1883. How could they compete with these other importers of the same kind of They claim that the duty upon these products was 30 per cent. and that goods to whom theSecretaryrefundedthis$700,000? Isitnotthegen they were required by the Secretary of the 'I'reasury to pay 45 per cent. tlcman's opinion that taxes ought to be uniform, and that if one man In 1882 the Supreme Court decided this question, and decided ad gets his goods into this country for 30 per cent. duty others should get versely to the ruling of the Treasury Department, and fixed the legal theirs in a.t the same rate? rate at 30 per cent. Now, these people claim that they were required Mr. OATES. Yes, sir. to pay 45 per cent; after sleeping upon their rights for five years, be Mr. LAIDLAW. Well. that is my doctrine. Now, other parties cause there was no bar or limitation until after the expiration of six did go to work to secure their rights, and by a letter from the Sec years, they now cra>e the right to bring snit: each for himself, for each retary of the Treasury to the chairman of the committee it appears >. of these corporations in the Court of Claims to recover these excesses, that he did refund these duties to the amount of $700,000. I will read which, I understand, wili amount to about $1,000,000. a portion of the letter: There is no statement in the papers as to how much it will amount TREA URY PEPAltTMEXT, Feb1·uary 'II, 1888. to whatever. I do not believe it ought to pass for another reason, and Hon. s. ,V, T. LANHAM, etc.: that is, this excess of duty was charged to the consumer who paid it. DEAR Sm: I am in receipt of your letter of the 24th instant, in which you inquire whether any of the duties collected on steel blooms have been refunded They sold these products in the market at a. price covering the 45 per by the Government, and, if so, at what time\..to what amount, and at what ra.te cent. which they paid to the Treasury Department, and they taxed that of duty such repayments were estimated. .Ln reply I have to inform you tha~ in the price at which they sold them to the consumers of this country. refunds amounting in the aggregate to $797,027.25 were made by this Depart ment fron1 February 20, 1885, to l'IIarch 25, 1887, this amount being the difference Therefore, if Congress allows them to bring these suits, thera is no doubt between the rate of 45 per cent. ad valorem and the rate of 30 per cent. ad va that they will recover judgment, because under a decision of the lorem, including h~terest and costs. Supreme Court of the United States in 1882 the law is fixed on that 'l'hese refunds were made in pursunnce of the decision of the United Sto.tes circuit court of New York in the case of Downing vs. Robertson, a copy o( which subject, and you will refund to these gentlemen from 5500,000 to was transmitted to you on the l'ith instant. $1,000,000 in money which the consumers of this product have already paid to them. Mr. CULBERTSON, of Pennsylvania. Those gentlemen were very Now, if there could be any way by which this money could be diverted lucky. They sold the goods and got the money from the customers, and paid back to those unfortunate consumers who bad to pay these and now they have got it from the Treasury again. importers this amount of money in the first instance, I would be will Mr. LAIDLAW. ..J ow, it would see1n as if this House ought to be ing to co-operate with the distinguished gentleman from New York able to do a plain piece of very common justice. It would seem so. [Mr. LAIDLAW] to pass this bill. As it is they get the money twice The :first proposition is that this Government exacted duties illegally and the consumers pay it twice. [Laughter.] from these parties and required them to pay a duty of45 per cent. ad l\Ir. LAIDLAW. l\Ir. Chairman, a simple statement with reference valorem when the proper legal duty was only 30 per cent. That ques to the bill that is under consideration would seem to be all that is nec tion bas been decided by the court. The court decided that they bad essary. This is a question of taxes. Now, I take it to be a very plain no business to charge more than 30 per cent. ad valorem, but they did, proposition that if the citizen pays all the taxes the law requires that in fact, charge 45 and colleet 45 per cent. Other importers, of whom is about all the Government can ask of him. It appears that in this the same exaction. bad been made, had the excess of duty refunded. case 45 per cent. ad valorem was exacted of these claimants, when the Now, to try to ascertain whet.her these importers sold these goods at a legal duty, as determined by the circuit court, and, on appeal, by t:tie profit or at a loss seems to me to be the poorest piece of speculation, 1890. CONGRESSIONAL RECORD-HOUSE. 2249 and to be entirely outside of the real question at issue here. The the Court of Claims under a special act and recover the money. If question is, was the tax illegally imposed and illegally collected, and a ·such a policy should be entered upon, can the gentleman state or approx .moment's reflection will show any one that, as the court decided that imafu the amount that the Government, following out that principle, the proper duty was 3(J per cent. ad valorem, while the amount col would have to pay, whether it would be $10,000,000, or $100,000,000, lected was 45 per cent. ad valorem, the difference between the two is or $200, 000, 000? the property of these claimants and ought to be refunded to them. Mr. LAIDLAW. I would like to ask the gentleman a question in It is not the money of the Government; it never was the money of turn. Suppose that the statutory bar of eighteen months had inter the Government. Suppose the Secretary of the Treasury has another vened before the application to the Treasury, would the gentleman as man'sovercoat, and, wben it is proposed he shall return it, someone says, an honest man be in favor of standing on the statute? 'You are going to furnish the man with an overcoat," when the only Mr. CANNON. Yes. thing asked is that the man shall have his own coat. These claimants .!\Ir. LAIDLAW. You would? are simpJy asking for their own money. Mr. CANNON. I would. l\fr. HILL. Was application made to the Treasury Department to Mr. LAIDLAW. Then the defense would be, not that you did not have this money refunded? owe the man the money, but that his remedy was gone. Mr. KERR, of I~wa. No; it was not. l\Ir. CANNON. What I might do in a matt~r individual to myself Mr. LAIDLAW (to l\fr. KERR, of Iow::i.). Now1 yon do not 1..'llOW is one thing. But when I speak for 60,000,000 of people, when these whether it was or not. importations have been made and the duties paid in fact, if not paid Mr. KERR, of Iowa. I examined this case at the last session, and I here, paid by the manufacturer on the other side, in either event I do know there never was any application. not see the equity of permitting these parties to be relieved from the Mr. LAIDLAW. Wait a moment; I will answer the question of the consequences of their own laches in failing to prosecute their claim un ·- gentleman from Illinois [Mr. Hn~L]. I do not know whether such an der the general provisions of law. application was made or not; and I am very certain the gentleman from Mr. LAIDLAW. Then what would be bad morality for the indi Iowa has not one particle of information on the subject. vidual becomes very respectable where it is practiced in the interests Mr. KERR, of Iowa. The matter was before our committee in the of60,000,000 ofpeople! Now, if I comprehend thegentleman'spropo last Congress. sition I say there is no constituency behind any of us who wants any Mr. LAID LA. W. The committee do not appear to have thought it one to stand here and do an unmanly thing, an unjust thing. This necessary to go into the question raised by the gentleraan from Illinois. idea that the people in the aggregate want some kind of a service from The committee considered simply the question, was this money illegally us that they would not ask individually as honorable men is to me ab taken from the citizen? If it was, it is proper that be should be per solutely absurd; it is something I do not believe in. mitted to go into the Court of Claims, prove the amount that was taken Mr. CANNON. I heartilyindorse, even when the interests of private from him improperly, and get it back, as other importers did. The individuals are involved, statutes of limitation. They are statutes of Treasury Department paid back over $700,000 of these illegally col repose. The law favors the vigilant; and I think such statutes are wise ... lected duties. Can any reason be suggested why one citizen should pay in policy, and I have nothing to urge against any man or any govern duty at the rate of 45 per cent. and another citizen at the rate of 30 per ment which avails itself of the statute. cent.; and, if there should happen to be a little statutory bar in the one Mr. LAIDLAW. Every nisi prius 'lawyer on the floor knows you case and not in the other, should that be insisted upon to the prejudice have to plead the statute of limitations or to insist on it before you can of one party, when equitably they both stand on exactly the same foot avail yourself of it. ing? Mr. KERR, of Iow.1. And that is just what we are doing. Mr. HILL. I am not suggesting anything of that kind; but it struck Mr. LAIDLAW. I did not know whether you knew it or not. me as somewhat singular if so large an amount of money had been [Laughter.] paid back on application at the Treasury Department. Mr. KERR, of Iowa. That is what we are doing. Mr. LAIDLAW. There was a very large quantity of these goods Mr. LAIDLAW. Thatiswha.tthe-positionofthegentlemanamounta imported; there was a sharp controversy as to the rate of duty that to. He is pleading here the statute of limitations in behalfof60, 000, 000 should be imposed: It now turns out that these importers were right of people against the payment of a.just claim which has been fully in their contention as to the rate which should be paid; the court said so; proved to the satisfaction of the committee. Is that the statesmanship and the court having said so, I had supposed that would be the end of we are to have in this House? There is not a man on this floor who the bnsiness; that after a case had been contested in the nisi prius court as an individual would do such thing. If there were one who would and gone to the Supreme Court of the United States for the determina do it, I would not hang my coat up in the same room with him. tion of a single question, and that question has been determined in [Laughter.] favor of the citizen, I supposed that would end the debate on that propo l\fr. CANNON. If the gentleman had imported certain articles from sition. abroad at a 45 per cent. duty and sold them and afterwards learned the · Mr. HILL. If the parties could get their money by going to the duty was not 45 per cent., but only 35 per cent., and the goods had Treasury Department why should they come here? gone into consumption and he allowed the statute of limitations to run Mr. LAIDLAW. Because, I suppose, there was some little statute out before he ma.de any claim for the 10 per ceat. difference of duty, I providing that there should be a protest and appeal within a certain say to the gentleman from New York I would plead the statute oflim It length of time; that otherwise the door would be closed. I suppose itations,jnst as I believe everybody else would. that, as a matter of fact, these parties did not comply with the precise Mr. LAIDLAW. This is the worst piece of logic I ever heard. The terms of that statute, or they would not be here. I suppose the de simple proposition here is that the citizen was compelled to pay excess cision of this case of Downing threw some light upon the subject ive duty, and when that excessive duty was wrongfully exacted from which they might not have had before. But I "do not care how long him it makes no difference what became of the property. If it was they waited. I say that when a tax has been imposed illegally on a sold at great loss or great profit does not matter. What the GoYern citi7.en every dollar of that money belongs, not to the Government, but ment ought to do is to refund the amount of excessive duty. A.re we to the citizen; and we ought to make haste to pay it back, instead of to be told that the Government is going into speculation and is to profit haggling over the manner of doing it. by such matters as this? I hope not. I hope the excessive duty which Mr. BOOTHMAN. Will the gentleman permit a sugge3tion? was charged in this case will be refunded without o~jection and with Mr. LAIDLAW. Certainly. out resorting to the statute of limitations. It should at once be paid Mr. BOOTHMAN. I understand thatmanyofthe claims embraced back to the parties from whom it was unjustly exacted. in this bill accrued while the case referred to was pending in the circuit Now, Mr. Chairman, I hope the committee will give us a. chance to and the Supreme Court; and the delay there was the occasion of the nass just one private bill during this session of Congress. [Cries of ]aches or apparent laches in these cases. ''Vote!" "Vote!"] Mr. LAIDLAW. Very likely. That part of the business never an Mr. KERR, of Iowa.' I wish to oppose the bill and make a few state noyed me. I looked only to see whether money belonging to the citi ment.s of fact in regard to it. zen had gone improperly into the Treasury. I supposed that we were The CHAIRMAN. The gentleman from New York has been recog sent here to do justice occasionally-a little bit of justice once in a great nized. while-to pay an honest claim sometimes; not often, but occasionally. Mr. COVERT. l\fr. Chairman, I challenge any gentleman on this Mr. CANNON. Does the gentleman know of any instance in which floor to examine the report w bich has been made in this case and to Congress in cases like this bas permitted the parties, after they have doubt the justice and propriety of refunding to these parties the ex slept upon their rights, to go into the Court of Claims? cessive duty which was paid by them. The proof is so plain and so Mr. LA.IDLA. W. If I could get away from this debate I have no clear that he who runs can read it, whether he comes from Texas or doubt that in an hour I could find the gentleman fifty such cases. from Illinois. Mr. CANNON. I understand-I do not myself know how the fact Now, this is not any old claim on the part of the peo,ple·who-are in is-that that policy ha.a not been pursued by the Government. I un the habit of coming here to the doors of Congress. They allege, and derstand that if a party sleeps upon his rights and does not make claim prove beyond question, that they did pay on these articles which were for a refund by prosecuting his case under the g;eneral provisions of the imported more than they should have paid under the law and more law his remedy is gone. The policy of the Government has not been than the officers of the Government should have exacted from them. to allow a party eight or ten years after duties have been paid to go to Their claim rests not onJy upon their own statements, but upon the testi- ' ( . \" 2250 CONGRESSIONAL RECORD-HOUSE. MAllOH 14, mony of the officers of the United States having jurisdfotion of the plained to this committee before it adopts the bill presented. The matter. They present also the decision of the highest tribunal of the policy of every government is to have statutes of limitation, statutes of country, a decision of the Supreme Court of the United States in favor repose. Through all the histories of goYernmeots it bas been found to of refunding to them the amount of excessive duty. be a wise policy and results in good. And so it happens tbat when They are met here now by the statement or by the supposition that e>er a p:uty comes before a legislative body aud asks that the bar of the consumer paid the excessive taxation which was exacted from the the existing statute of limitations be removed he is coming simply to parties, and that, therefore. we ought not to refund it to the importer. ask the grace and favor of the legislative department of the Go>ern I do not know what profit the importer may have made; I do not know meut to grant something which he has no right to demand and which how much be got from tho e to whe>m he sold the articles, whether be could not be enforced by the courts. estimated the wrongful tax as part of the price, and I do not believe .Mr. REILLY. An extraordinary privilege. the gentleman from Texas or the gentleman from Illinois knows. I .Mr. COBB. It .is an extraordinary privilege, as su~gested by the do not believe either one of them can substantiate the supposition be gentleman from Pennsylvania, and only to be gran~d on extraordinary makes in that regard. occasions. Now, gentlemen do not deal with this question at all in The statute of limitations has been referred to. Now, every State the light of surrounding circumstances. They avoid it. They say the in the Union has adopted statutes of limitation . It has become nec man paid the money, ergo the Government ought to pay it back. They essary in the ordinary transactions of business to fix some limit within as~mme that this man paid the money and under circumstances which which suits shall be brought. It arises from the necessity of getting render it necessary that the Government should pay it back in order testimony by the presence of witnesses and for other reasons which are to act in good faith. That is a mere assumption. I will repeat what obvious to everybody. In my own State in some inst.ances suit can be I said before, that it is a favor on the part of the Government, but be brou~htatany time within twenty years. It is in order that no wrong fore such favors should be granted, before a case of this sort should may be done, no harm inure to anybody. pass the House, good reasons should be shown why the demand is Now, since the enunciation of the decisionofthe SupremeCourt has made. Where are these reasons? come in reference to this wrongful exaction Qf duty from these parties, The gentleman from New York waives the consirlerntion of the fact why should an effort be made to prevent the refunding of this money presented to him by the gentleman from Texas as to whether or not to those parties from whom it was taken? Should not Congress settle these men did not, as importers of goods, turn immediately around it without hesitation in the way here recommended by the committee? notwithstanding the excessive duty, and l'ecover the amount paid by The highest tribunal ha. - I sold them (and it devolves apon them to show that they have not, or, looked, that for three or four years opportunity was offered to them to if they have sold them, that they sustained a lo ~ s) they collected the correct the error, and they did not. l\fay I not indulge in the presump full amount of the tax from the consumer. That is the presumption. tion b~re that this delay was bad by reason of the fact that they might And therefore if the Government insists on its rights, whose right is thereby gain some advantage of the Government? I do not say that is affected by U? Not theirs, for they have suffered no loss. But the true; but we are indulging in presumptions along here, and these gen Government imposes its bar to keep its citizens-the people-from hav tlemen bold the burden of the proof, and it will not do to shove it off ing to pay for these goods twice. That is the position I take. in this sort of wa.y. Mr. COBB. Mr. Chairman, the gentleman from New York [Mr. Now, Mr. Chairman, I am opposed to this whole proposition. Be LAIDLA w] in c'~irge of this measure narrows the proposition sub fore it is passed I want to offer an amendment which I think ought to mitted to the House. He says that the only question before us now pass in the bill if it be adopted. is whether the Government of the United States did on a certain oc The Clerk read as follows: casion recover from certain importers a sum of money greater than they Add to the bill the following: ought to have paid as import duties, and there he rests the case. Upon "Provided, That no person or firm n,,a.med shall i-ecoYet· judgment for a greater tha.t issue he woald have the judgment of this House to decide. amount than he or they lost on the goods imported by reason of the excessive Now, Afr. Chairman, ns I remarked, that is narrowing the issue be duty collected by the Government." fore us and is not putting it properly before the Honse at all. Mr. COBB. Now, Mr. Chairman, I think this amendment ought to As stated by the gentleman from Texas [Mr. CGLBERSON], several be adopted to this hill before it is passed, as I have urged; but, if it is years elap ed after the decision of tlie Supreme Court of the United not met here and if thi-, House sees proper to let this matter go to the States touching the matter herein involved, during which time these court, let us give the Conrt of Claims the power to say whether or not men had ample opportunity to go to the Court of Claims and settle this money belongs of right to these men. their rights. Why did they not avail themselves of that opportunity? 1\Ir. l\IILLS. 1\fake your amendment so that it will read that these We do not know. And here let me say that these gentlemen, both of men have not reimbursed themselves by adding it to the price of the them, who barn advocated the pendingproposition, when theyareasked goods. certain questions which bear directly upon this point, reply, ''I do not Mr. COBB. Gentlemen around me SUAAest that the amendment does know." not reach the point, and if, while I have the floor, they will suggest .. Now, I wish to say, Mr. Chairman, that these things that they do such amendment as will meet the occasion I will offer it. What I want not know are the •ery things that ought to be known and clearly ex- to do is to confer upon the Court of Claims, not only the power, but the 1890. CONGRESSIONAL RECORD-HOUSE. 2251 duty of ascertaining on these trials whether these importers have re- report that it mentions the return of the duties upon goods imported imbursed themselves for this excessive charge made upon them by the in 1879, 1880, 1881, and 1882. Now it is quite evident from this that Government. That is what I am asking, and I say that ought to be all of these goods, except perhaps one cargo, were imported into this shown here; at least aprimafacie case ought to be made out. country, not only with a knowledge of the law, but also with a knowl- Mr. REILLY. That they should recover judgment for only such edge of the de.cision of the customs officers upon the law, namely, that amount as they lost. 45 per cent. ad valorem would be exacted upon imported steel blooms. l\ir. COBB. What I want is that they shall only be paid the loss on It appears that these parties knew they would have to pay that rate the i;oods that were sold. Ii the Clerk will let me have my amend- of duty, and of course they would not have imported these goods ment again I will amend it. unless they knew that they could reimburse themselves out of the The CHAIRMAN. If the gentleman has concluded his remarks he pockets of the people that bought the good~ after they came here. If can withdraw his amendment and resubmit it. this were the case of the importation of a single cargo, without a knowl- 1\Ir. COBB. Just a moment, Mr. Chairman. Just let me read this edge on the part of the importers of the decision of the customs officers right here. I simply add this to my amendment: ''That be or they upon the law, there might be some force in the position of the gentle have not reimbursed himself or themselves for the excessive duty in man from Ohio [Mr. BOOTHMAN], but that is not the case here. the sale ol the goods." And now with regard to another point. Why is this matter to be sent Mr. SAYERS. That is the verv fact that is controverted. to the Court of Claims? It is simply a question of public policy, a Mr. COBB. The very fact that that is to be controverted, as sug- question whether the Secretary of the Treasury shall be directed to re gested by the gentleman from Texas, is the highest reason that we fund to these parties a certain sum of money which they have paid as should put this amendment in here. Why, this bill ought not to pass duties. Why, then, refer it to the Court of Claims? There is nothing at all. involved except the question of the policy of refunding this money; yet .l\lr. SAYERS. That is right; I agree with yon there. it is proposed to send the matter to the Court of Claims, and it is pro- 1\Ir. COBB. I would not be understood as favoring this measure sim- posed to send it there perhaps with the knowledge of _what the decis ply because I introduce this amendment. I am opposed to it, and I ion will be, or, at all events, with the knowledge that there is no other think it ouj!ht to be voted down in toto; but if the judgment of the question involved than the question of policy. Now, I undertake to House is inclined the other way, then I insist upon the amendment I say that there is no State and no municipality in this country that ever have offered. • Ipursues the policy of refunding taxes under such circumstanc:es. It bas l\ir. BOOTHMAN. Mr. Chairman, it seems to me a plain question never been beard of anywhere. of right that these men who paid money to the Government, that the Mr. BOWDEN. Where they are improperly collected? Government had no right to exact from them, should receive it back. Mr. KERR, of Iowa. Where they are improperly collected and Now, when for a moment we stop to consider the course of legal pro· where the person bas a kllowledge of his legal remedy and fails to avail ceeding, resulting in the decision which required the refunding of these himself of it. These parties had a remedy by appeal. They could have duties to other gentlemen who bad paid them, we can easily see bow taken their cases to the courts and bad them pending, but the fact is jmporters bringing a. cargo of goods into the port of New York would they themselves, at the time they imported these goods, belie>ed that be thrown off their guard by reason of the pending suit. The construe- they were paying the legal duty; otherwise they would have gone into tion of the Treasury Department first was-- the courts. Mr. COBB. But, if the gentleman will allow me, after that suit in Again, Mr. Chairman, I want to call attention to the amount in- the Supreme Conrt the bar had not run. volved here. This is to be a refund of 15 per cent. of the duty paid Mr. BOOTHMAN. But, if the gentleman will take the trouble to upon all the steel blooms imported into this country during four years1 read this report, he will see that these importations took place in 1879, and it involves, directly and indirectly, millions of dollars, and, upon 1880, 1881, and 1882. The decision was not rendered by the Supreme the theory of the bill, that question is to be determined by a court Court of the United States until the year 1885, and pending the pro- rather than by Congress. I do not think we ought to adopt any such ceeding in the court these collections were made that are now com- legislation. · plained of. The limitation upon the right t-0 recover back bad already Mr. BUCHANAN, of New Jersey. Will the gentleman answer a run; so tbatthe citizen who bad brought in his goods totbeportof New question, as he is on the Committee on Claims and undoubtedly fa. York and desired to sell them in market had to do so with the cha.nee miliar with the facts? of recovering back from the Government, and not a. single mll.n ever Mr. KERR, of Iowa. Before I sit down I wish to state that I was a refused to sell them and take his chance of eventually recovering. He member of the Committee on Claims in the last Congress, and that I paid the duties and took bis chance to recover it back. He had deliv- understood it to be the opinion of that committee that this bill should ered the goods; the case was already pending, and was decided in the not be reported favorably. Supreme Court of the United States upon the question as t-0 his right. Mr. BUCHANAN, of New Jersey. Now, I will ask the gentleman Mr. COBB. Did they not know it at that time-before they had whether it is true or not that in any of these cases there was any pro- soJd their goods? test entered or appeal taken. · Mr. BOOTHMAN. Whether they did or not makes no difference Mr. KERR, of Iowa. There was no appeal taken in any of these for the point that the gentleman urges in his amendment. This is a cases. claim for money to be refunded after the statute of limitations has rnn. Mr. BINGHAM. But there was a protest. Is there not the same right in the one case as there is in the other? Mr. BOWDEN. Was there not a protest at the time the duties were For instance, an importer brings steel blooms into New York from paid? England and there pays more duty than be is required by law to pay, Mr. KE~R, of Iowa. I know of no protests; but a protest would but be pays it. Now, then, if he sues for that within a certain time not amount to anything. The parties knew they could have their he ca.n recover that back, and the Government-pays it back, does it remedy by an appeal, and they could have bad every one of these cases not '? And does it stop to ask whether he put a profit on his goods after pending in the courts if they had desired. paying it in selling the goods, and before he sold the goods? It allows This question was submitted to the Committee on Cfaims in the l:lst them to run for eighteen months and never asks such a question. Congress, and I believe a majority of that committee were opposed to Mr. COBB. That is a right that he can demand. The repayment is reporting the bill because they believed such legislation would be in a matter of right. violation of the public policy that bad been pursued by the Govern- Mr. BOOTHMAN. Yes-- ment, and because they saw no good reason for it. If the Jaw was as · Mr. COBB. Here he is asking to recover it from the Government is proposed to-day by some gentlemen, giving no right of appeal and after the bar. no right of trial by jury, there would be much more reason why the Mr. BOOTHMAN. If demanded within five months; but if not de- party should be allowed to come to Congress and seek a remedy here. manded -within eighteen months be does not have that right. But the But in this case there is nothing of that kind, because the party had a point the gentleman urges is more than that. So far as correct prin- legal remedy which he could have resorted to, and I think the point ciple is concerned, it is only a question on the part of the Government has been well made, in view of the fact that these parties continued to whether suits shall be brought within a certain limited time; that it import these articles during four successive years, that they were >ery will not interfere with its revenue operations. It is not intended that probably reimbursed by the consumers for every dollar of duty that they the revenue laws shall be enforced so as to collect money from a cit- paid. izen unjustly and wrongfully, and give an advantage to one competi- Mr. BOWDEN. Mr. Chairman, with the gentleman from Iowa. [Mr. tor which is not given to another, simply because one placed bis goods KERR] I also served upon the Committee on Claims in the last Congress, in a warehouse until suit could be determined and the other paid bis and my recollection of the determination of that committee in respect duty and sold the goods. It is not the policy of the Government to to the pending claims is entirely different from bis. My recollection have a numher of suits pending at the same time, and it is the custom, is that after a full hearing there was a unanimous report ordered by that ·. and it has been for years in all of the Treasury operations, when one test committee in favor of the payment of these claims. case is pending to let that settle the question, and then, when the Mr. LANHAM. In the last Congress? proper time comes, to refund the duty if a refund is required. This is a Mr. BOWDEN. In the last Congress. simple question of honesty, and it seems to me that it ought to be de- Mr. LANHAM. I think my friend is mistaken about that. cided as men would decide such a question between each other in any Mr. BOWDEN. There was a favorable report. personal transaction. :Mr. LANHAM. I do not remember that there was any report upon Mr. KERR, of Iowa. Mr. Chairman, it will be observed from this the bill, but I do remember distinctly that I was opposed to this bill. ,· .. 225.2 CONGRESSIONAL RECORD-HOUSE. MAROH 14, Mr. KERR, of Iowa. .And I. ness and justice of refunding to these claimants any sums of money Mr. BOWDEN. I think I am right about it. tvhich constituted a valid ground of claim against the Government at Mr. LAIDLAW. I will tell gentlemen about this claim in the last the time the suit of Downing was brought for the purpose of testing Congress. This bill was referred to a subcommittee, conshiting of the the question. I do not speak of any claims against which the bar of gentleman from Texas [Mr. LANHAM] and myself. Amongst other bills the statute had begun to run at that time. If my friend will amend that I took up was this one, and I drew a report upon it and got ready his amendment by putting that limit upon the amount which shall be to report the bill by leave of the committee, but I was called home, considered by the Court of Claims I will support his amendment. and I gave the report to Mr. Campbell, of New York, who presen~d Mr. COBB. I did not understand the gentleman's proposition. it to the House, so that it appears on the files as coming from him. The Mr. BROSIUS. If eighteen months constituted the bar of the stat fact is, however, that I drew the report, and it did pass the committee. ute oflimitation, then at the time Downing brought his suit in the Fed Mr. Campbell reported the bill to the House, and it is on the files as eral courts against the Government, the claim as to all the money that coming from him; but I drew tbe report, and it did pass the committee. bad been paid in 1879 and 1880 had already been barred by the statute. Mr. LANHAM. I do not say it was never reported from the com Mr. COBB. ,-~lell, thatpoint I am inclined tocontrovertfrom infor mittee; I simply state that I was opposed to the bill, as was also, I mation given t,o me. I do not, myself, remember what t.he statute is. believe, the gentleman from Iowa. I did not remember the bill hav .Mr. BROSIUS. I am precisely in that situation. I took it for ing been reported. granted that the statement made here by the chairman of the commit Mr. BOWDEN. I suppose the record will disclose what were the tee was accurate. facts. According to my recollection it was a unanimous report. Mr. COBB. l\Iy imprnssion is, as I have suggested, that ti.J.ere are Mr. LANHAM. I do not think so. two statutes, and that the eighteen-month bar does not apply in re Mr. BOWDEN. I am not very familiar with the facts now. I re gard to suits in the courts, but only to appeals from the decision of the member that the matter was very diligently looked into by the com Secretary of the Treasury. mittee in the last Congress; and it was certainly my impression that l\lr. SPRINGER. M:r. Chairman, I desire to call the attention of there had been a unanimous report, the only question being what the committee for a moment to the question raised by the gentleman weight should be given to the protest filed by these importers at the from Iowa, I believe, to the effect that no protest was made at the time they paid the duties; whether, having failed to make applica time these duties were paid. I remember, Mr. Chairman, when this tion for a. refund pending the test suit t-0 decide whether the duty question arose in the practica.l workings of the Treasury Department should be 45 or 30 per cent., that protest should be regarded by Con many years since, ten or twelve years ago. One of my constituents gress as taking the place of an application to the Secretary of the was interested as an importer of steel goods, and he brought to my at Treasury for a refund of the duties improperly paid. My recollection tention the difficulties which confronted him when this decision was is that there was no question in the minds of the committee as to the made. 1 regret that the gentleman who prepared this report did not em propriety of the payment of this claim; and it was merely to correct body this information for the benefit of the committee, because I think the statement of the gentleman from Iowa that I rose. it important we should have all the facts. Mr. KERR, of Iowa. I have no recollection of any such report. This report states that there were two rates of daty suggested in re Mr. BROSIUS. Ur. Chairman, I discover in the report a circum gard to these blooms, 45 per cent. n.d valorem and 30 per cent. ad va. stance which, if it be a fact, seems to me to supply the equity needed lorem. to justify the waiver on the part of the Government of the statute. In That is true as far as it goes, but the Trea ury Department, pendinO' 1882 a suit was brought in the Federal court for the purpose of deter the. time these blooms were being imported, not the Treasury Depar;_ mining the question as to the proper constructioi:i of the law. Parties ment, but one of the appraisers in the city of New York decided these to the number of twenty-five or thirty had at that time a valid claim steel blooms were steel in~ots, and as such they came under that clause against the Government. It seems to me they were justified in ''rest of the tariff laws in force before 1883 which described ingots, blooms, ing upon their oars" until the Federal court had determined that ques etc., at a rate of 2 ~ cents a pound. tion; and this delay, it will be perceived, redounded to the advantage I do not know what that would be ad valorem, but at 2 cents per of the Federal Government. pound ad valorem under the law of 1883 for the year 1888 the per Mr. COBB. Is it not true that that suit was decided in the Federal centum would be 123.04, an absolutely prohibitory rate if applied to court before the bar of the statute took effect agai~t these parties? steel blooms used in the making of steel rails. Mr. BROSIUS. That suit was brought in 1882, and was not deter Wben these were being imported one of my constituents had a cargo mined by the Supreme Court of the United States until January, 1885: of these steel blooms arriving in the city of New York upon which the Mr. COBB. That was not six years. local appraiser assessed 2} cents per pound, and· if this had not been Mr. BROSIUS. But the bar is not six years, as the gentleman will reversed he would have been compelled to ship the cargo back to Eu remember. I am told it is only eighteen months; I have not verified rope. He could import steel rai~ cheaper than they could have been that statement. Now, I want to direct the gentleman's attention to made out of the blooms. the fact I have already suggested, that the delay in this case-- It was a ruinous rate, and after an exhausth-e argument before the Mr. COBB. Are there no.t two statutes, one providing that within Secrntary it was settled by the Secretary waiving the question of the eighteen months au appeal shall be taken from the decision of the Sec legal rate upon the ground that it would be manifestly unjust that im retary of the Treasury and the other providing that, as in all other porters should be subjected tothis enormous rate of duty, which would cases against the United States, there shall be no bar a~ainst going into amount to over $154 a ton on the steel-blooms then imported, when the courts until the expiration of six years? steel rails could have been purchased in England at thirty or forty dol- !tir. BROSIU::3. I very frankly state to the gentleman that I have lars a ton. · not examined the statutes. I take it for granted that the statement This steel bloom upon which the duty was paid is a piece of manu made by the chairman of the committee on the floor was correct. I factured steel from 4 to 5 feet long, and from 6 to 7 inches square, am now only desiring to direct my friend's attention to the fact that which, when heated to a white heat and put in the rolling mills, pro the delay on the oart of these twenty-five or thirty claimants redounded duces steel rails. It is the raw material out of which steel rails are to the advantage of the Government by saving the costs that would have made. Therefore, if 2} cents were exacted they would have had to ship ensued upon twenty-five or thirty suits which would have gone against these blooms back. The bondsmen upon the contracts were in the con the Government. Can the Government justly now, after having saved dition that if they contested the question in the courts the courts might those costs-- have decided that 2! cents per pound was the legal rate, and it would Mr. COBB. Does the Government pay costs? have ruined them all. Mr. BROSIUS. I suppose so. I suppose the Government pa.id the Mr. COBB. They were willing to take the ad v:rntagc whichaccrued costs of the suit brought by Downing. to them by not making a contest in the courts. Mr. COBB. I reckon not. M:r. SPRINGER. They were more willing to submit to the pHyment Mr. BROSIUS. When a judgment is entered against the Govern of 45 per cent. before the question was decided in the court than to take ment-- the chance of having the legal rate of 2} cents per pound, which would Mr. COBB. The Government, I will say to my friend, never pays have ruined every man of them. They were confronted with these costs unless it is expressly provided by statute. conditions: Shall we go to the courts when there is a doubt as to l\Ir. BROSIUS. Well, I apprehend that the Government pays costs what is the legal rate? It was a. closely disputed point. If the court in a case like this, where judgment is entered against it. decided the legal rate was 2} cents they would have been ruined in M.r. BUCHANAN, of New Jersey. Not only that, but it also pays their business. The question with them was whether they should interest on the amount of the refund. pay the 45 per cent. 1t1r. BROSIUS. I can not speak about the interest. The general Mr. COBB. They willfully determined to remain out of court and principle is that the Government pays no interest. not contest because they thought they were getting an advantage. Mr. BUCHANAN, of New Jersey. In these cases the Government Mr. SPRINGER. They thought if they went into the court they does pay interest. I know it. The statute of the United States so might be bankrupted, and for that reason they did not make the con proclaims. test. They did just ll8 the gentleman would have done if he had been Mr. COBB. I ask the gentleman from New Jersey-- a. party to such a contract. Mr. BROSIUS. One moment, and I will yield the floor to my friend. Mr. COBB. I think that I would not come and ask the Congress of -· I rose only to suggest, in view of what I have already stated, the fair- the United States to relieve me. ., . }. . ' 1890. CONGRESSIONAL RECORD-HOUSE. 2253 Mr. SPRINGER. I believe the gentleman is just and I know he is Mr. COBB. The gentleman from Pennsylvania does not understand -.- honest. I believe if he were the judge in the case and persons under my proposition. Whenever a man considers, as a practical question duress, as it were, were compelled to submit to a wron~ful rate of duty affecting his interest, whether be will sue in a court or not and decides .- when the time came and the law was made known by the highest tri ~hat it is his interest to remain out, he has then no foundation of claim bunal of the land, that he would be of opinion that they should have by which he can urge a legislative body, after the bar of a statute of the benefit of the law as it is. limitation has been imposed as in this case and such bar has taken As to these gentlemen being able to recoup themselves on these con effect, to remove the bar. That is all. tracts, I am cognizant of one case where they were not able to recoup :M:r. O'NEILL, of Pennsylvania. There is no evidence here that there and were compelled to suffer loss on their contract. was a statute of limitations running against these people or that the The merchant went on and did the best he could, and after the courts time had expired. · of the United States decided that 30 per cent. ad valorem is the lawful Mt'. KERR, of Iowa. I will call the attention of the gentleman from rate I do not see why these gentlemen should not have the benefit of Pennsylvania to the statute, if he will allow me. what the Supreme Court of the United States decided was lawful as a Mr. O'NEILL, of Pennsylvania. Certainly. rate of duty to be collected upon these blooms. Mr. KERR, of Iowa. The language of the statute is- Now, if the Supreme Court of the United States does not so hold, no The decision of the Secretary on such appeal shall be final and conclusive, wrong is done. This is simply to submit the question, in each indi and such vessels, or merchandise, or costs and charges shall be liable to duty ac cordingly, unless suit shall be brought within ninety days after the decision of vidualcase, tothe Supreme Court, and if that tribunal does not decide in the Secretary of the Treasury on such appeal for any duties that shall have been their favor they are then out of court and must abide the consequences paid before the date of such decision on such vessel, or merchandise, or costs and and pay the costs. But if the court decides that the law only author charges, or within ninety days after the payment of duties paid after the decision of the Secretary. No suit shall be maintained in any court for the recovery of ized the collection of 30 per cent. ad valorem, and they had a good reason any duties alleged to haye been erroneously or illegally exacted until the de for not protesting and subjecting themselves to the hazard of a case not cision of the Secretary of the Treasury shall have been first had on such appeal, yet decided, it will award judgment, and the result will simply be to unless the decision of the Secretary shall be delayed more than ninety days from the date of such appeal,in case of an entry at any port east of the Rocky Mount treat these gentlemen a.a all other persons engaged in this busine~s bave ains, or more than five months in case of an entry west of those mountains. been treated. The appeal has to be made east of the Rocky Mountains in three Mr. KERR, of Iowa. Can you give any reason why they should go months and west of the Rocky ~fountains in five months. ' on importing for four successive years knowing this decision? Mr. O'NEILL, of Pennsylvania. Well, I simply wanted to bring Mr. SPRINGER. A very good reason. They had to carry out their this point before the committee, that these claimants were heard by the contracts. They could not stop their business, for they could not get Secretary of the Treasury, not upon their own appeal, perhaps, but by sufficient of this material in this country to carry on the mills. The the collector sending these cases to the Secretary. mill in my district would have been compelled to st-0p if they relied .As to the questionoftimewhen theyshould bring suit, that was within solely on the home market. their own discretion entirely. A suit was pending, and they, of course, Mr. COBB. But they did not stop. after a decision by the Supreme Court of the United States, imagined Mr. SPRINGER. No. they would be paid back the a.mount overpaid by them. Mr. COBB. Well, was not that because they were making a profit Mr. COBB. Does the gentleman think it was within their discretion on the blooms imported? when there was a statute of limitations staring them in the face? Mr. SPRINGER. I do not know how that may be; but I do know ~4'· O'NEILL, of Pennsylvania.. I am speaking of the question of they were compelled to pay in excess of what the duty really was. bringin~ sui.t. I simply arose, not for the purpose of making an argu They were importing these blooms under a rate of 30 per cent. ad va ment on the case, but to call the attention of the committee to the lorem and they were compelled to pay 45 per cent., and I do not see reading of this report so as to show that these gentlemen were before why we shoQ.ld not mete out to these people the law of this case, and the Secretary of the Treasury, and that he decided against them. treat them as honorable business men should be treated engaged in a Mr. HILL. Before further action is taken I desire to offer an amend lawful proceeding in building up the great highways of this country. ment.. Mr. O'NEILL, of Pennsylvania. Will the gentleman yield to me for M:r. SPRINGER. Sappose we take up the amendments of the com a moment? mittee and let them be voted upon. Mr. SPRINGER. I have :finished my remarks, what I had desired Mr. HILL. Is there an amendment pending? . to say, and will yield to the gentleman from Pennsylvania, simply ex Mr. SPRINGER. Yes, sir. Let the amendment of the committee pr~ing the hope that this bill will pass. be read, .l\Ir. Chairman. ~Ir. O'NEILL, of Pennsy1 vania. I did not want the gentleman from The CHAIRMAN. The amendment reported by the committee will Illinois to yield to me, but simply took the floor to ask his attention be read. to one clause of this report which has apparently been overlooked in The Clerk read as follows: the committee. These cases-the cases of these business men named in this bill-did get before the Secretary of the Treasury. I do not Insert the words" and company" after "H. E. Collins," in the fifteenth liue. know whether there was a formal protest, or a formal appeal, or any The amendment was agreed to. thing of the kind in the language of the law, which perhaps they were The CHAIRMAN. The gentleman from Alabama offers an amend- required in ordinary cases to make. But the case got absolutely before ment to the bill, which the Cierk will read. the Secretary of the Treasury, and he sustained the decic;ion of the col The Clerk read as follows: lect.or of the port. Now, if you will read a few lines of this report you Add to section 1 the following: " Provided, That.no person or firm named shall recover j udgment tor a irreater will find this statement is verified: amount than he or they lost on the goods imported by reason of the excessive The Treasury Department sustained the collector of customs in this decision, duty collected by the Government, and that he or they did not reimburse him and the claimants were compelled to pay a duty of 45 per cent. on the steel self or themselves for the excessive duty in the sale of the goods." blooms they imported, when the correct., legal rate of duty was only 30 percent. ad valorem. Mr. BUCHANAN, ·or New Jersey. I raise the point of order that So the cases got before the Secretary of the Treasury-that is a fact that amendment is void for want of certainty. which can not be denied-and were by him decided. Hence these gen The CHAIRMAN. The Chair overrules the point of order. tlemen, after the Supreme Court had reversed the decision of the Sec The question was taken on the amendment, and the Chairman an- retary of the Treasury, were entitled to come in; and it does seem to nounced that the "ayes" seemed to have it. me to be a hard case, after a decision of the Supreme Court in favor of Mr. SPRINGER. Division. certain suitors involving the same principle, that these men, who have The House divided; and there were-ayes 51, noes 54. paid into the Treasury of the United States money exacted from them, l\Ir. COBB. Tellers. over and above the ad valorem duty of 30 per cent., should be kept Tellers were ordered. out of their money. The CHAIRMAN. The Cbair will appoint the gentleman from .Al Mr. COBB. The gentleman from Illinois [l\Ir. SPRINGER] said that abama [l\Ir. COBB] and the gentleman from NewYork [Mr. LAIDLAW] these parties after the decision of this question by the Secretary of the as tellers. Treasury considered whether or not it was to their interests to go into The House again divided; and the tellers reported-ayes 69, noes 70. the court. They decided that if they went into the courts they might So the amendment was rejected. lose, and therefore it was better to remain out. Now, iQ that state of l\Ir. BUCH.A.NAN, of New Jersey. Mr. Chairman- the case, let me ask the gentleman from Pennsylvania, where is the Mr. HOOKER. I move that the committee do now rise. equity in their favor? l\Ir. SPRINGER. I move that the committee rise and report this bill. Mr. O'NEILL, of Pennsylvania. That does not reach the question l\Ir. LAIDLAW. I move that the committee do now rise. of equity. The question is, Were the cases brought before the Secretary Mr. BUCHANAN, of New Jersey. l\Ir. Chairman, I was recognized of the Treasury, I care not by whom? It is shown that they were there. to offer an amendment. These identical claims for overpayment of duty were before the Secre The CHAIRMAN. The gentleman from New Jersey was recognized tary, and the Secretary decided against these claimants for this amount to offer an amendment. overpaid. I think that covers the question of equity entirely. They The Clerk read as follows: were not in the wrong. They did not put themselves in the wrong or Amend line 'l:l. Immediately after the word " duty " insert" and as to which outside of the law. They simply had to abide by a decision against protests were duly entered." them. Mr. LAIDLAW. I move that the committee do now rise. 's - .·. . -. 2254 CONGRESSIONAL ·RECOR_D-HOUSE. MARCH 14, Mr. BUCHANAN, of New Jersey. :Mr. Chairman, I believe I was as to disease, but comrades testify that he suffered from rheumatism. Claimant alleges that he contracted the disea e in August, 1864; that be never recove1·ed recognized to offer my amendment and to discuss it. from it, but that it became chrome, and eventunlly resulted in total bliudness. The CR.AIRMAN. When this bill is brought up for consideration Claim was rejected by the Pension Department for want of sufficient evidence a~in the gentleman from New Jersey will have the floor. from date of discharge to the year 1884. Tllis is accounted for; reasons as follows: After his discharge he went to Xova lI r. HILL. I ask consent t-0 have an amendment that I have lrnre Scotia where be ruarried anu lived until 1880, when he returned to Michigan. publ1shed in the RECORD for the information of the House. All of the surgeons who had treated him were dead. At that time he was nearly li!iH The CHAIRM:AN. Is thel'e objection to the request of the gentle- blind and >ery dPstitute, and unable to find comra.de.c;1 and in he bec::.me totally blind. For several years he was supported by bis faithful wife, who did . man from Illinois [l\lr. HILL]? washing and other se;ere drudgery until she also is totally b1·ok:en down in Ur. PAYSO~. Regular order. bealtll aud dependent upon charity. Mr. HOOKER. I move that the committee do now rise. The records show that be waember, 188-i, he stated that his eyesight be Ninth Michigan Infa.nt.ry, on the pension-roll, subject to the limitations and pro gan to fail in 1882. visions of the pension laws. '£here seems to be no testimony showing his condition from the time of his discharge to 1880, a period of fifteen years. The report (by Mr. BELKNAP) was read, as follows: The claim that bis present condition of blindness is the result of his army The Committee on Jn valid Pensions, to whom was referred the bill (H. R. 5620) service i!! not insisted upon as a. reason for granting him relief as strongly as granting a. pension to Frank Deming, submit tho following report: his sad and helpleS!I condition. The committee of the House to which this bill Claimant enlisted August 14, 1861, and served until September 15, 1865-four was referred, after detailing his situation, closed their report with these words: years and one day; all of this time in acth·e service, with the exception of one "He served well his country in its dire need; his necessities now appeal for re· thirty-day furlough. lief." Claim is based on totai blindness caused by rheumatism. Hospital records We have hel'eprescnted the caseofasoldierwho did his duty during his army show that he was treated at three different times for intermttt.ent fever a.nd once service and who was discharged from 1865 without any record of having suffered for bronchitis, but the last time he was sent to hospital no record was recorded with rheumatism and without any claim of disability arising from the same; he ., ·, .. 1890. CONGRESSIONAL RECORD-HOUSE. 2255 returned t-0 his place as a citizen, and in peaceful pursuits, with chances certainly being generous and yielding to members who appeal to them the gen not impaired by the circurnstance that he had served his country; be appears to have held his place in the race of life for fifteenyea.rsor more. Then, like many tlemen withdraw almost invariably whatever opposition they ha.veto another, he was subjected to loss of.sight, one of the saddest aftlictioris known urge. to human life. It is not my purpose now, or at any time~ to ndopt obstructive meas ·. Thereupon, and after nineteen years had elapsed since his diilchnrge from the Army a pension is claimed for him upon a very shadowy allegn.tion of the in· ures-to call "no quorum," and all that; but I do purpose to discuss curreri.ce of rheumatism while in the service, coupled with the startl.ing propo these questions and to have the facts known as we go along. sition that this rheumatism resulted, just previous to his application, in blind Mr. Chairman, since the adjournment on Friday night last I hav-e ness. Upon medical examination it appeared that his blindness was caused by amaurosis, which is generally accepted as an a.ff ction of the optic nerve. looked over our work. Forty-seven biUs passed in about two hours. I am sati-sfied that a fair examination of the facts in this case justifies the state Twenty-three of the bills carried specific sums, from $12 to $30 each per ment th.it the bill under consideration can rest only upon the grounds that aid month. Those twenty-three bills carry an average pension of over$:23.50 should be furnished to this ex-soldier because he served in the A.rmy and be per month, or a total of $542 per month; 86,504 per year. The other cause he a long time ther~:i.fter became blind, disabled, and dependent. 'l'he question is whether we are prepared t-0 adopt this principle and establish twenty-four bills did not carry specific sums, but directed the Secretary this precedent. of the Interior t-0 place the beneficiaries on the pension-roll subject to None of us are entitled to credit for extreme tenderness and considemtion If t-0ward those who fought t.heir country's battles; these are sentiments common the provisions and limitations of the pension laws. those twenty to all good citizens; they lead to the most benevolent care on the part of the four bills shall carry an av-erage pension of $8 a month, they would Government and deeds of charity and mercy in private life. The blatant and amount to $192 in the aggregate per month, or $2, 30-1 per year. In noisy self-assertion of those who, from m6tives that may well be suspected, de other words the a~erage for the forty-seven bills would be $15.50 per clare themselves above all others friends of the soldier C:l.U not discredit nor be- little the calm, steady, and affectionate regard of a. grateful nation. . month, ma.king a total annual expenditure of $8,808 per year. An appropriation has just been passed setting a.part $76,000,000 of the p~tblic That was the work of two hours. Forty-seven bills, with which money for distribution as pensions, under laws liberally constructed, with a vlewofmeetingevery meritorious case; more than o. million of dollars was added scarceJy a member of this House was familiar and which were read at w maintain the Pension Bureau, which was charged with the duty of a fair, such a galloping pace from the Clerk's desk that nobody was able to under just, and liberal apportionment of this fund. stand them at the conclusion, were passed in two hours. If this ses Le.,.islation bas been at the present session of Congress perfected considerably increasin... the rate of pension in certain cases. Appropriations have also been sion were to last for six months and this performance should be re made of l';.rge sums for the support of national homes where sick, disabled, or peated each Friday night during that time it would impose an annual needy soldiers are ca.red for; and within a few days a liberal sum has been ap burden of more than $200, 000 upon the tax-payers of the country. Con propdated for the enl:ngement and increased accommodation and convenience tinue it for ten years and the annual burden on account of these pri of these institutions. All this is no more than should be done. vate bills alone will mount into the millions. · But, with all this and with the hundreds of special acts which have been I am about done; but before I conclude I wish to call attention to passed, granting pensions in cases where, for my part, I am .willing to confess two or three of these bills which passed here on Friday night last as il that sympathy rather than judgment has often led to the dIBco"\"'ery of a rela tion between injury or death and military service, I am constrained by a sense lustrating the character of this legislation. I haYe them here. First of public duty to interpose against establishing o. principle and setting a prece comes the war of the Revolution. Lucy Hale was the beneficiary. dent which must result in unregulated, partial, and unjust gift.s of public money Her grandfather, it appears from the report of the committee, served under the pretext of indemnifying those who suffered in their means of sup· port as an incident of military service. for a short time in some capacity in the War for Independence. What GROVER CLEVEL.L"'\D. conspicuous service he rendered, what special service he rendered, ifany, EXECUTIVE 1\IANSIOX, July 5, 1886. has not yet been written in the history of the nation. But this grand· Mr. STON°E, of Missouri. Mr. Chairman, I will occupy only a little daughter is old and poor; and becausesheis old and poor, and for that while, as it is not my purpose or my desire to consume time merely for reason alone, she is granted a pension of $20 a month-because one the sake of doing so. If any gentleman will take the tronble to· morrow hundred years ago her grandfather or great-grandfather, I do not now or now to read the message of' President Cleveland, which I have sent remember which, for some short period of time rendered some Rervice to the Clerk's desk, he will find that a bill pensioning this claimant, in the Army of bis country. Why, sir, I suppose nearly every gentle Francis Deming, passed the first session of the Forty-ninth Congress man on this floor of American birth had a grandfather in the Revolu and was returned to this House, in which it had originated, without tionary war or a great-grandfather. I heard one distinguished member the approval of the President. The reasons for bis action are clearly, of this House say here the other day that he had several grandfathers succinctly, and elaborately stated in the message which I have sent to engaged in that struggle. [Laughter.] the desk. The ex-President has said all I care to on this particular Here is Mary Ann Allen. bill. The claimant's husband, .John Piner, wasavriva.te in Capt. .JarnesDavidson·s I wish to say a few words. not touching this particular bill, but with company of Col. Richard 1\I• .Johnson's regiment, Kentucky Mounted l\Iilitia., reference to this class of legislation. I dislike exceedingly to put my war of 1812, from l\Iay 20, 1813, to November 19, 1813- self in opposition to measures of this kind; for these private bills and a period of sb:: months. He died in 1823. She afterwards married all bills of a local char LCter are measures which members resent inter l\Ir. Allen and remained his wife for many years. But she liked the ference with more than any other; and it is a source of re~et to me to name of Piner best. She is a Piner herself! She is old, the report come into conflict with gentlemen whom I highly regard and with says, and poor. That is the whole case. Now, what service Ur. Piner whom I associate here more or less every day, personally and officially. rendered in the war of 1812 or what disabilities he suffered remain n. But, .Mr. Chairman. I think something ought to be said, plainly said, mystery. deliberately said, about this class of legislation. But because her first husband served a short time in the war and I ca.me here last Friday ni_ght and witnessed the performance of this because now she is old and poor, she must b~ allowed a pension. Ur. House on that occasion. I have been here on other Friday nights dur Chair~an, I know many widows in this country who are old and poor ing this session of Congress and many Friday nights during the years and whose grandfathers, I have no doubt, and fathers, too, perhaps, of my service in this Honse, and what I witnessed here one week ago fought in some of our wars with foreign countries as well as in our do to-night I have seen repeated over and over again. mestic wars. l\Ir. Chairman, it is my deliberate judgment that seven out of every Here is Isaac Enderly, another case. He served in Captain Smith's ten-I believe I understate rather than overstate the fact-that seven company of Tennessee militia. from January 12, 1814, to March 3, a out of every ten of thE:Se private bills passed through this Hou~e and little over a month. He was granted a land bounty and is now and through Congress are not only out.rages, but outrages which amount in ba.s been for many years a pensioner at $8 a month. Well, he comes moral intent, if not in legal effect, to absolute larceny. I spMk now of here to thi~ willing Congress and asks that ills pension be increased to special legislation, which is one of the evil results growing out of the $50a month-- widespread public demoralization engendered by our entire system of Mr. LAWLER. He wants to get the surplus out. pension legislation. It is my purpose at an early day, on the v-ery Mr. STONE, of Missouri. Simply because he is old aml poor and :first opportunity which may be afforded me, to express myself very his vision somewhat impaired, though he is not blind. That is the clearly and distinctly upon the subject of general pension legislation. whole case, and accordingly this old and poor man, because of his age There are some things I am anxious to say in re~ard to that phase of and poverty and one month's service in the Tennessee militia, is given this question, but not now. $50 per month, having already received a land warrant. Wha.t did we do here on last Friday night? About fifty members Here is the case of William Dunn. He was a priYate, so says the re of this House were present; there are about twenty here to-night. port, in Mentor's company of Alabama militia in the Florida war, and About fifty members on that occasion, in two hours, pas.sed forty-seven served from February29, 1836, to l'!Iay, 1836, or just about three months. bills. The thing has been done often. On one ocrasion I believe in A member, whose genial face I see now before me within the walls of the Senate several hundred-my recollection is about three hundred this room, a gentleman whom I esteem, as all of you do, as a man of were passed in one lump without ever being read. Not a gentleman high character, this member of Congress, says the report, has m1.5ured on this floor, outside lJerhaps of one or two members upon the commit the committee that Mr. Dunn is seventy-eight years old, quite feeble, tee reporting these bills, ever saw them or ever saw the report, or heard unable to work, and very poor. That is the whole case as presented of them until they were read from the Clerk's desk. My friend from by the report, and accordingly this old man who served ninety days in I Texas [Ur. KILGORE] and one or two others, myself among them, the Florida. war is pensioned. He was never wounded or disabled and sometimes make a few feeble and ineffectual protests [laughter] and never rendered, so far as we are .advised, any special or conspicuous withdraw them at the solicitation of members. service to his country, but he is old and poor. There are a great many A MEMBER. "Feeble" is prE'tty good. old and poor men in this country. l\Ir. STONE, of Missouri. I repeat it-" feeble., in this sense, that I have one more, Charles A. Platz, who belonged to au Indiana regi- : 2256 CONGRESSIONAL RECORD-HOUSE. :UAROH 14, ment during the war of the rebellion. He served :first in a hundred- ure in the phraseolozy of the law to :fit the applicant in a particular day regiment; then re-enlisted April 12, 1865, after the war was over. case. Now, Mr. Chairman, I say I have not read that message. There [Laughter.] He was never out of the State of Indiana, so far as we is not a gentleman upon this floor, and no gentleman ever occupied a. are advised, in a military capacity. Soon after his enlistment, while seat upon this floor, who has a higher regard for the man who penned encamped at Camp Morton, Indianapolis, he says he was ordered to that message than I have; but I will say to you, l\Ir. Chairman, and I water some horses, and while so engaged was kicked by one of them will say to the gentleman who so eloquently entertained us here to on his left side and seriously injured. That is the man, that is the night that I havea deep and abiding conviction that ifhe hadstooj by service, that is the whole case. After full investigation the claim was I his record upon the great economic questions of the day, upon which rejected at the Department, and now, twenty-five years after the incur- he wa.s right and upon which the country was with him, and not en rence of this alleged injury and almost without a hearing, this Honse deavored to make a special issue on this class of legislation, and if he overrules the Department and grants the pension. had not, as it sometimes appeared he did, gone somewhat outof hiq way Now, 1\fr. Chairman, let it be borne in mind that all, or nearly all, to throw the great weight of his name and official station against some of these clairus, which are brought from year to year by the thousands poor blind man, who to say the least was rather to be pitied than re aud tens of thousands into this House and the other branch of Con- viled, be might have been President of the United States to-day. [Ap gress, are claims which have been im·estigated by the sworn officials of plause.] the Government, employing all the vast machinery provided by law to I think that was a mistake, and while I am willing to follow him aid in investi11:ating them, and which have been denied in the Depart- generally I am not willing toadmit that he made no mi.stakes. No man ment as being without merit. It has got to be the practice now that is wholly perfect, and I protest that we do not copy his mistakes. It the very moment. a claim is rejected in the Department application for may be that it is pleasant for the gentleman, coming from the particu rehearing is filed, which is entirely proper, and, if denied, then the ap- lar locality from which he does, to make remarks which will provoke plicant comes to his member of Congress. It is easier to a put a claim laughter when the claims of soldiers' widows and of men broken down of any kind, war claims, pensions, claims of every kind and character, with disease contracted in defense of their country are being discussed, through Congress than through any Department of the Government. but it is not popular in the section from which I come. 'fhis is the gr~at claim department, easy of access and easy to be used. Mr. STONE. of Missouri. Will my friend allow me right there? Mr. Chairman, I have been looking up, during such moments as I Mr. COOPER, of Indiana. Yes, with pleasure. could spare from other duties during the week past, some of the ca.ses Mr. STONE, of Missouri. The gentleman speaks of the section of that are to come on to-night, and I intend as far as I possibly can do so country from which I come. I come from a State which furnished more during the remainder of this session of Congl'ess, in advance of these men to the Union armies than the State from which you come. I come Friday night meetings, to examine at the Department the papers in the from a district- cases1 and I purpose to state the facts as I find them in order that the Mr. TARSNEY. Yes; by seventy-five thousand. House may not be goYerned exclusively by ex parte reports-perhaps I Mr. STONE, of Missouri. I come from a district which to-day has ought not to use that term; I will say exclusively by the reports of the three thousand pensioners within its borders and about thirty Grand members of the committee. Army posts. Mr. Chairman, that is as much a3 I care now to say. I again call at- Mr. COOPER, of Indiana. Mr. Chairman, I do not desire to cast tention to the fact that this partict1lar bill was not only rejected by the any reflection upon the gentleman's St:l.te, nor upon its loyalty; but if Department, but has been vetoed since by the President of the United he makes the charge that the State which he represents furnished more States. Still it is ever with us. troops in proportion to population than did Indiana, I dispute that l\Jr. COOPER, of Indiana. Mr. Chairman, I regret very much that proposition and demand the proof. l\fr. Chairman, I am not prepared I have not had time, as the gentleman who ha.s just taken his seat bas to give you precisely the number of troops Indiana furnished, but I had, to investigate this question and to prepare myself to speak de- know this, that she has more men upon the pension-rolls to-day in pro liberately and carefully as he has done; and I further .regret that in portion to her population than any other State in this Union. I sup making the speech he has made to-night at some length he has not pose they are there lawfully and justly. devoted himself more particularly to the examination of the special I believe, Mr. Chairman-I know that it has been the fashion of question upon which we are now called to vote. It would have been some to make speeches upon this floor to tickle a particular constituency much pleasanter, for me at least, when I come to cast my vote on the which they represent, regardless of the effect it has upon other portions bill now before this committee, if the remarks which the gentleman had of this Union. Of course it is the duty primarily of the member to made were applied more particularly to that bill. represent his own constituency and to speak for them; but I desire He began his address by having read to the Honse a short veto mes- simply, as between the gentleman, for whom I have the most friendly sage from ex-President Cleveland. I have not had the opportunity to feeling personally, and myself, to have this line distinctly marked, that read that message. I do know this, sir, however, that if any lawyer in the State from which I come it is not popular to speak disparagingly will take the pains, as my friend from Missouri did who has just taken of the men nor of their families who gave, or at least showed a dispo· his seat, to investigate a close question, he can find very much to say sition to give, everything that was dear to them for the honor and pr03- on either side; and whether he speaks favorably or against a given ervation of that ftag. proposition depends altogether on the spirit with which he enters the Now, Mr. Chairman, in deciding these questions, I do not say that investigation; and I run sorry to say that I feel from the general tenor I sballoppose my friend here when he gives us good ground to act upon. of the remarks of the gentleman that the spirit which animates him in It is from the general tone and tenor of his remarks that I dissent. The entering upon this investigation is, and, indeed, he himself declares it gentleman has not argued this case. If he had devoted his time to the to be, antagonistic to this class of legislation. consideration of this particular claim and should have proven that this - 1 The pension In.ws are general iu their application. All laws are so. man was not entitled to a pension, that he did not come within the rule There have been in the neighborhood of half a million cases adjudicated for our guidance here of equity and fair play, I should gladly support under existing law. It would be extraordinary, it would be strange his position; but to make a general attack on this whole class of legis indeed, Mr. Chairman, if in the adjudication of that number of cases, lation and especially to denounce it as he has done, I think is entirely at least half a million of them, in the allowance of that number, the wrong. I have been here for three or four months now, and I have Department has not stumbled now and then upon one which came very seen gentlemen vote appropriations for all characters of public and pri near to the line, one which had many equities, and yet when the line vate enterprise3. I believe the gentleman has calculated the amount was drawn upon it a.nd the rule rigidly applied was found falling just of money that was appropriated in the last Friday evening session at outfilde of the line, when at the same time the heart and conscience of $6,000. the man who had the ca.se in hand told him that in equity the case Why, to-day we saw a compromise made about some old gentleman had merit in it and that in.that particular case a modification of the who had some sort of claim upon the Government for a patent, when law ought to be made. the record shows that he was paid every cent that be had asked years Such is the experience and observation of every man who has in:ves- ago. Propositions were sent back and forth between the friends and tigated this kind of cases. Now, I have no answer to the special case enemies of the bill that they would give him $20, 000 or $25, 000 to get that the gentleman bas spoken of here, because I have not given that rid of him, and it was finally agreed, I believe, that he should have investigation. I have not had opportunity to do so. If the gentleman $65, 000. Now, I have seen this House vote millions of dollars for pub had been kind enough to attend at the meeting last Friday night a.nd lie buildings, for works of material improvement, to gild the outside point out these facts that he has pointed out in a specific case the Com- and make a show of greatness. But none of these, in my judgment, mittee on Pensions would have had opportunity on their side to see reflects our country's greatness half so much as the manifestation of what might be said in behalf of or in vindication of the step they have gratitude to her brave defenders. This money paid out of the public taken in this case, and no doubt some of the criticisms he has made Treasury as a reward for patriotism is an evidence that the people of to-night would have been answered. I have confidence in these gen- this country are willing to reward devotion to and sacrifice in behalf tlemen and in their integrity and ability to ascertain the right in these of the Government. It is not thrown away; it is not lost; but is money cases; and I utterly dispute and deny the proposition made by him given out for a. good purpose. It proves to these men that they were that seven-tenths of these claims if allowed here become acts of petit not mistaken when they thought they were offering their lives for the or grand larceny. I utterly deny that. defense of the best Government that this world has ever seen. It in- Mr. Chairman, these claims as a rule are claims which come very sures the perpetuity of the Government by proving that it is worthy to nearly up to the mark or which fall only short of it because of the fail- live. [Applause.] ' '\ 'I • 1890. CONGRESSIONAL RECORD-HOUSE. 2257 Mr. PETERS. Mr. Chairman, I simply wish t;o say a word in re some time. In 1884 he became totally blind. The physicians that gard t;o general pension legislation as supplementing what bas been so had attended him during the war and since the war were dead. When well said by my friend from Indiana [Mr. COOPER]. In the hisrory be was living outside of the United .~tates of course he was not in the of jurisprudence it was fonnd necessary t;o establish courts of equity immediate vicinity of any of his comrades. The evidence shows, as a because the courts of law were found t;o be inadequate to measure and reason why the Pension Bureau could not grant hisapplication, bisin mete oat justice in many individual cases, and, as a result of the estab ability to prove the continua.nee of bis disability year after year, as the lishment of courts of equity, we have in every county throughout all law required; bot the Committee on Invalid Pensions, having exam this broad laud a court which hears and determines cases which, if tried ined all the evidence and all the circumstances in the case, reasonably strictly according to the law, would not be determinedj ustly. Congress conclude that this is a case where that proof should not be required in is nothing more nor less than a court of equity in these pension cases. this court of equity, and they say 1lo this blind man sitting in the dark The Pension Office is.the court oflaw, the nisi prius court so to speak, ness of the sacrifice which he made for his country, "We will tint the and wherever a case comes before that. nisi prius court in which, ac blackness of that sacrifice by giving you a pension." I say it is right cording t;o the law, justice can not be meted out and the application of and that we should stand by the report of the committee. the applicant is declined or refused because the evidence, or the faets, Mr. TARSNEY. Mr. Chairman, I had supposed that in the discus or the application does not bring the case within the law, then the ap sion of these measures which are special the consideration of the gen plicant has the right t;o appeal to the court of equity, which is the Con eral principles involved in pension legislation throws but very little gress of the United States and which boasts that its doon are open to light. I had supposed these were special cases, depending each upon the humblest applicant, even though he be blind and even though his special facts and to be determined each upon its merits, and that elo~ petition comes from the walls of a poor-house. Let me give an illus quent appeals for or against the principles involved in general pension tration of this. A. stepmother may have been dependent almost entirely le~islatiou should have no weight with those who are to determine these upon a stepson who marched beneath the banner of the Union and particular cases. Therefore, having bad those ideas I am constrained offered up his life as a sacrifice upon the altar of his country, yet by to follow them in the determination of these cases. reason of the universality of the pension law that stepmother can not I find here from the report of this case as it is presented that in the obtain a penaion at the Pension Office. Forty-ninth Congress a bill was in~roduced for the relief of this claim That is right, according t;o the law of the land. It is right, accord ant; that it passed both Houses of Congress; that it went to the Exec ing to the general statutes pa.ssed by the Congress of the United States utive and failed for the reasons pointed out to receive bis approval. providing for granting peiisions; but there is a higher court which says The record then is silent as to whether subsequent action was taken to that stepmother when appeal is made roit: "Althou~h, under the in the matter. It is not disclosed t;o this House to-night that the bill law, yon are not entitled t;o a pension because you were not the actual when returned to the House without the approval of the Executive was mother of that boy, who gave his life for his country and who was your taken up and considered here again or not. It does not appear whether support, yet this court of equity will say that you are entitled toa pen by a failure of a two-thirds majority t;o pass it over the veto of the sion because the mainstay of your lite was taken from you." So, Executive it was defeated or whether the author and the friends of -· almost every Friday evening we have bills broµght before us granting the bill were convinced by the arguments of the Executive that there pensions to a dependent stepmother or a dependent stepfather. That was no merit in the measure and let it die. is simply one class of cases illustrating the operation of this court of These matters do not appear on the record in this case; and it adds equity and the necessity of having such a court to which an applicant nothing t;o the merit of the case for my friend trom Indiana to step out can appeal. side the record and criticise the Executive upon other matters. I re The objection is made by the gentleman from Missouri [Mr. STONE] gr~t exceedingly that that Executive did not have the counsel and that there are only thirty or forty members here ro-night and that advice of my friend from Indiana to guide him ~nd save him from the these few pa8S upon the right of these applicants to receive pensions. errors which the gentleman has pointed out t;o. night. I say that until Mr. Chairman, how often does it occur during our day sessions that it is shown that in this measure the Executive erred that record is con the most important legislation is passed by the voices of not to exceed clusive upon me, unless, as in ordinary cases of right involved in ques .· a dozen of the Representatives of the people upon this floor. Why is tions of this character, new evidence is disclosed. that? It is because the days of oratory and eloquence in the House of No man can feel more sympathy for a person deprived of his sight Representatives are past. It is because the legislation that is now be than I. But al] over this land are countless thousands of men groping ing enacted is framed and molded in the committee-rooms instead of in darkness because the heavy band of Providence has been laid upon upon the floor of the Honse. The days of Clay and Webster have been them and they have been affiicted. But because of these facts I am supplanted by the days of fact, by the days of careful examination; not warranted in putting my band into the Treasury of this nation to ay,more than that, they have been supplanted by the electric wire and by take out money and give to them when it does not belong to me or to the newspaper, so that whatever is done here during the day is flashed them. I would deal not only fairly, but liberally with them when they to all portions of our country and is known there before the sun goes present a case of merit. But sympathy can not guide me in the dis down. charge of an official duty of this kind. We are here the trustees of an The legislation of the country, as I have just said, is now molded express trust, to take care of the people's money and t;o distribute it and framed· in the committee-rooms, and consequently during the day according to the law of the land for the purposes for which this Gov sessions of the Honse hundreds of motions are passsd upon when the ernment wa.s organized, not to d~l it out in charity when there is no voices that are beard in support of them do not exceed a dozen. That legal obligation that calls for such distribution. is because, in so large a body as this, it is impossible for each member This man if he is entitled to anything under the law had a clear to examine in detail every measure that comes before the House. He remedy provided by law. He went to the Pension Office, the duties of must necessarily rely, to a great extent, upon the work that has been which, as we know, are administered with the utmost liberality. He done in the committee-rooms. Therefore, what is true of pension leg went there and filed bis application for penl'lion. It was examined in islation is true t;o a great extent of all other legislation that comes the spirit of liberality which characterizes the office. It was rejected. before this House, and if the objection which the gentleman from Mis What was the issue? No technical failure of proof, no technicality souri [Mr. STONE] makes upon the ground that there are only thirty which deprived him of a legal right. The question on which he failed or forty members present here to-night is valid as against pension legis was the merits of his case. ''Did this disability occur by reason of lation, the same objection can be made to four-fifths of the legislation your service t;o your country? Did this rheumatism occur because of that is passed by the Congress of the United States. your service in the Army? Did it occur while you were so serving? Now, a word in regard to this special bill and then I am done. The Has it continued since?" That was the issue involved; that was the veto message of the President which bas been read wa.s based upon the issue determined by those liberal administrators of the pension laws. ground that there was no evidence showing that this man bad con Upon that issue the verdict was adverse to the claim. Then he comes traeted rheumatism during the war. I do not know whether that evi and appeals t;o a still more liberal tribunal-this House and the other. dence was on file in the Pension Bureau when this case was first ex They pass a bill. It goes to the Executive, whose approval it fails to amined by the .committee, or whether it was on file when the President secure upon its merits. examined the case, or whether it has been since added to the files and The reasons for the withholding of the Executive approval are before bas been considered by the present Committee on Invalid Pensions. I the House. Now, the claim has come back here again after one Con only know that the report says that comrades testify that he suffered gress has passed by, and I say if the Committee on Invalid Pensions from rheumatism during the war. can show me that there is any new evidence in this matter which Here is a man who served four years and over in the service of bis changes its merits, which changes the situation from what it was when country, and the report in the case shows why the Pension Office could this case was passed opon by the Pension Bureau, when it was passed not grant his application. It was not because be was unable to show upon before by Congress and when they refused to pai;~ the bill over that be had suffered from rheumatism during the war, but because he the vet;o of the Executive-if the committee can show me that any new was unable, by reason of the circumstances which surrounded him, to evidence has intervened to prove that the Pension Bureau or the Ex show the continuance of that disability from the date of bis discharge ecutive erred in their judgment I will cheerfully vote for $50 a month, up to the time when he made his application. And there, Mr. Chair ii that is the amount proposed, or $72 a month, ay, for $100; bec.ause man, is another instance where the general law in regard to pensions $100 a month would not compensate for blindness brought on by serv can not mete out justice in many individual cases. ice in the Army. This man, I believe, removed to Nova Scotia andremained therefor But I want these measures scrutinized; I want them to pass upon XXI--142 , , '·' •' .. , 2258 CONGRESSIONAL RECORD-HOUSE. MARCH 14, their merits; so that the distinction shall be maintained here between I That bill is now before the Honse again. The President of the United meritorious and unmeritorious cases; so that all shall not be treated States vetoed it because of reasons which are set forth in the veto, but alike, one ha.vingajnstand meritorious case under the law and another stated that he regretted much that he was compelled to do so, on ac· having no merit but the eloquent pleas thatare made here on this floor count of the mother. That old mother to-day is poor and belpless. If for sympathy ber.am~e the Author of the Universe has afflicted some of it had not been for the service of ber son and his death in consequence His creatures. Let us examine these cases upon their separate merits. of it he would be living now and taking care of her, who is to· day in Where the Pension Committee comes in and reports in favor of the Chicago in a starving condition. · allowance of a pension and the record does not disclose want of merit, I want to say to those trying to find means of obstructin!Z pensions I will vote with the committee every time; but when the record, as in and pension legislation that if I was in their places I would not come this case, unexplain._ d by subsequent or new evidence, exhibits a lack here at these sessions. If I did not believe in the justice and the merit of merit, I can not vote with tne committee, and I will not in this ca!.e. of this legislation I would remain absent and allow the party in power Mr. WADE. Mr. Chairman, my colleague from Missouri reflects to go right along and a ::;ume these responsibilities, because I will say somewhat on the Committee on Invalid Pensions and on individual to my Democratic fliends we made that is~ue for four ye..'lrs, and we members of the House when he charges that we come here to pass went out before the people and we were beaten. I say to-day that the legislation that is equivalent to ''petty larceny." Now, I am here tax-payers of this country, and I know I voice the sentiments of many with two bills on this Calendar to pension two citizens of the State of of them in my own locality, believe that even the stepfathers and step Missouri that the gentleman, in common with myseif~ represents. I mothers and those who took care of those who fought for the Govern bave had passed during the time I have been in Congress other bills ment during the war should be provided for in their old age and that pensioning men in l\fissouri; and against no one of them could the pensions should be granted to them. charge of "petty larceny" lie. Mr. TARSNEY. Will the gentleman yield for a question? One of thes~ men was wounded badly at Springfield. He belonged Mr. LAWLER. Certainly. to a. Missouri militia regiment. There is no provision in the general Mr. TARSNEY. Will the gentleman say that in the locality herep- pension law which will warrant the granting of a pension in his case. resents bis constituents are desirous of having pension bills passed He was wounded in 1864, and he has suffered from the date of the re- whether they are meritorious or otherwise? ception of the wound up to this day, and he has never received a. pen- Mr. LAWLER. I want to say that my people would to-day indorse sion from the Government. His case is undoubtedly meritorious. me to vote a pension to every citizen of this country who served in the The other is al80 a citizen of Missouri, who, in 1862, as one of the Army who is past that age that be is fit for manual labor, I will an bome guard was guiding a company of Missouri troops, and in an en- swer him. [Applause.] gagement with the enemy in which they took part be was wounded. Mr. TARSNEY. I am satisfied. He has been a cripple since 1862, unable to gain a livelihood. This Mr. LA. WLER. And that means that the man who is known to Governmentowes him a. pension and ought to have discharged thedebt have served in the .Army, who is kuown to be blind, who is known to in 1862. have been injured, and who has sacrificed his yonth and health for I am not here, sir, to-night, and never have been, to assist in commit- the Government and for the protection of the Union should be aided ting petty larceny upon this Government, in the interest of any con- in his old age. stituent of mine or anybody else. and I will pledge this Honse and the :Ur. PERKINS. Let me interrupt the gentleman from Illinois to country that when I present a bill to this House and ask the support of ask if the constituency he represents is not entirely willing to take the the House for its enactment into a Jaw it is a meritorious case. judgment of the gentlemen who compose the Committee on Invalid Now, sir, I desire to address myself briefly to the pending bill. ~Iy Pensions to determine whether the claims pending before them, and colleague from Missouri, unfortunately for himself, was too young to on which they report to this House, are meritorious or otherwise? enter the Army during the late war. If he had been old enough be Mr. LAWLER. The committee are known to be honest and con· would have been alongside of me sustaining the old flag. I went into scientious gentlemen who give a rreat deal of their time examining the service in 1861, in April. these cases, and I further wish to say that I would cheerfully, and I I can remember in the State of Ohio, of which I was then a citizen, have cheerfully and willingly, cast my vote on all of these pension that they called meetings to excite enthusiasm and induce men to vol- matters, representing a large constituency, as I do, of over 300, 000 unteer and induce them to defend the old flag. They put on the ros- people; and I am pleased to say that they have indorsed my views, and trum the lea.ding men of the State, and they spoke to the young men sent me back here by a majority of 6,082 votes. [Applause.] and the married men, and told them that if they went out and de- The surplus so much talked of; it is there. I say it were better to put fended the flag of the country, preserved the Union and the Govern- it out in internal improvements in the country or to pay it out for pen ment, the Government would owe them a debt which would be dis- sions and put it in circulation, where it will do more good than to keep charged. Now, sir, this language was repeated on every rostrum in it tied up in the vaults of the Treasury. [Applause.] The money paid the State of Ohio and all over the Union by these people, and it had as to these unfortunates is not boarded up; it is put into active circulation. much binding force, because it was backed by the entire sentiment of In this country there are to-day over a million men unemployed; and, the people, as though the language had been formulated into a law while this surplus can not affect them directly, indirectly it would n.s and bad received the sanction of the Chief Magistrate of the nation. sist these people and put more than a million of unemployed men to And we are here to-night to carry out, as far as we may, those prom- work. But our Republican friends say we must draw the line atsome ises and that provision of law. That man who served four years in the place and our Democratic friends say they are becoming alarmed at Army of the United States in defense of the Union is to-day blind, and the amount of expenditures. I will say that the party which puts I say if there is a bit of virtue in the people of the United States, they that money out in internal improvements is cle erving of the thanks of will now at this time give him a pension and enable him to pass the the country. remainder of his life in comfort and to provide a home to the woman 1\Ir. KILGORE. For national fairs. who has labored until she bas broken.herself down for the support of Mr. LAWLER. I will meet you at Chicago in '92, and I will say this defender of the Union. that the men who will vote to uo that will come back to this House Mr. LAWLER. Mr. Chairman, I have often wondered on nights with increased majorities. [Applause.] like tbis, when members leave their families, their warm, comfortable Mr. KILGORE. I have been unwittingly, I take it, rung into this rooms, and come up here to the Capitol in the rain and try to legislate discussion to-ni~ht. I have been subjected to a lecture in a mild way for soldiers, their widows or dependent..c;, throughout the country, to by one or two gentlemen who have addressed the committee. There :find the night wasted or taken up by filibustering, I may term it, be- fore, I think it is entirely proper that I should consume a. little of the cause it looks a good deal like it, to prevent action upon meritorious time of this committee in this discussion. There have been but few and deserving ca..c:es. I have believed, from watching the aetion of Con- observations, if any, upon the pending question, because it ha.s been a gress here, voting away thousands and tens of thousands of dollars, discussion after the manner of procedure known to gentlemen who par that we would have a right as a Congress to advance to our old and aged ticipated in the war called ''shelling the woods.'' We are engaged in citizens pensions if we believed they were actually in need of the same. ''shelling the woods" this evening, and I want the privilege of indulg- I want to say, sir, that I consider a.11 these matters that come before ing in that luxury a little myself. Congress in this shape are, as a rule, bills that are outlawed at the Now, my friend from Missouri [l\1r. STONE] made a very fine speech. Pension· Office, and the only resort of the applicant is here in order to But he argued bis case after the trial, after the verdict against him, secure relief. and after the motion for new trial bad been overruled and the final I know one case that President Cleveland vetoed, and in a few words judgment entered. As suggested by the gentleman from Indiana [Mr. I will show you i~ merit. There entered the war, when very young, COOPER], if be had been here on last Friday night and bad made tbe a boy who from shocks became partly deranged, received from the eloquent speech which he has made here this evening, I apprehend tl)e striking of a shell while engaged on one of the mosquito gunboa~. action of this House would have been more in conformity with his views The concussion affected bis brain and he went out of the service and and convictions in regard to the bills he has discussed. At any rate, Mr. some years afterwards he was killed in the Caiion of the Colorado in a Chairman, if he is so much opposed to the bills he referred to, if be has snow-slide. The bill came up here in the House and there was enough found so little merit in them, it was within bis power to defeat them. merit in it to say that his old mother, seventy-two years of age, should Now, when I make up my mind in sessions like th!s that a measure have a pension. The bill passed the House and the Senate, and went ought not to pass, I know bow it can be defeated, and proceed to defeat to the President and was vetoed. it. That is the best way to do business. ... •'. ·~ .... · _, / . l 1890. CONGRESSIONAL RECORD-HOUSE. 2259 Mr. STONE, of Missouri. I think my friend ought to permit me a lieve I am in the discharge of my duty according to my own judgment, word. ·' and no man has a right to criticise my motives in that respect. .Mr. KILGORE. Yes, sir; I will permit you to say anything. A As I say, it is the abuse that I have resisted. I have resisted bills man who talks so eloquently can alw.1ys command my attention. which, upon the face of the reports made by the committee, did notap Mr. STO ~ E. of Missouri. I remarked at the out.start of what I said pear to present a meritorious case. I have resisted bills where it oc that I was here on Friday night lastj that I had not previously ever curred to me that the committee had made a mistake or had gone further taken occasion to examine these bills; that they were read rapidly from than any reasonable rule would sanction. And, Mr. Chairman, I have the Clerk's de§k, so rapidly that it was almost impossible for me to un the right to differ with the Committee on Invalid Pensions. If their derstand the merits of the cases. Since then, as a matter of curiosity report upon any case is to be taken as conclusive, it there is no appeal, somewhat, I have, however, looked over them as published in t-he REC if their report is res adjudicata, then the House has no duty to perform ORD, and what I said in regard to these measures is simply to explain except to record the judgment of the Committee on Invalid Pensions. that it is my purpose in future similar measures to examine them so If their report is not conclusive, if a bill is subject to objection, criticism, fa.r as I can in advance in order, at the proper time, to explain my ob and discussion, then the House has a duty to perform, and I, asa mem jections to them, if I have any objections. ber of the House, have my duty to perform, and I trust will be accorded Mr. KILGORE. Now, .Mr. Chairman, he insists "that the ,zentle the right to perform it in my own way. man from Texas" inter_Eosed "a feeble opposition. " [Laughter.] Now, when we talk about these abuses, when we resist claims for "Afeebleopposition." LLaughter.] Mr. Chairman, itmaybefeeble, pension in which there appears to be no merit, some of oar friend8 who but ifit is true "'tis.pity 'tis, 'tis true. n But the gentleman from Mis disagree with us upon thi'1 subject immediately take the floor and talk souri, who was in the Forty-ninth Congress, if he will examine the rec about the war for the Union and the brave soldiers who saved the ord, will find during that Congress the House would pass from eiJ?;hty Union. Then they proceed to lecture us for entertaining the slightest to one hundred and twenty bills on the Friday night sessions. The suspicion that every man who wants a pension was not a brave House was in the habit of doing with precipitation, I may say, with in and faithful soldier. I do not propose to disparage any man who par decent haste what i<: done in the Senate nearly every day. It would ticipated in that war and did his duty. I honor brn.ve men wherever .' pass private pension bills without reading them or the report of the they are found; the country honors them and it ought to do so. But committee. camp-followers, dead-beats, deserters, dishonorably discharged soldiers, Now, I have only chosen, in my limited experience in Congress, to have no claim on the country. If the Union Army had not been made attend these meetings and to insist that business should be conducted up of brave men, true and patriotic men, and had not been led by great in a business-like method. I have insisted that the bills should not soldiers, the Confederate army would have made no reputation. be passed without having been read in the bearing of members of this [Laughter and applause]. If the Confederate army bad not been made House, and that the report of the committee should be read, so that the up of brave soldiers and commanded by brave and skilli'ul generals, t.he House might be advised as to the merits of the question under con Union army would have made no reputation. [Renewed laughter and sideration. I have found a great deal of opposition in my efforts to applause]. hold the House down to the transaction of business after the manner Why, sir, some of the best men in this House owe their presence here of business men; and it is this abase in private and local legislation I to the prowess of the Confederates. I have had occasion sometimes to have heretofore resisted, and which I think it is my duty to continue say, in a joking way, to my friend from Iowa [Mr. HENDERSON] and to resist. I do not come from a country that is affected by pension my friend from Ohio [Mr. BOOTHMAN], when they have been abusing legislation; and if the gentlemen who do come from those sections of the "rebels" of Texas and Arkansas and the Southern States, "Why, country where a great number of pensioners live, and where they pre we did you a favor; you never would have been in Congress if we had ponderate possibly as voters, consulted their own private judgment, I not shot your legs off. ' ' [Laughter.] venture to say they would admit that there are flagrant abuses per Mr. Chairman, this system of private legislation bas become one petrated in this House continually in respect to such legislation. They of the greatest abuses in the legislative history of this country. The say that to me in private conversations repeatedly, but that they can public mind bas become so strongly impressed with the ev.ils which not. resist the evil; it is unpopular with a lar~e class of voters, and atten ~ it. that nearly every State in the Union has placed in its con therefore they must fall in with the crowd and drift along with the stitution a provision prohibiting the State Legislature from engaging tide. in private le~islation. Private legislation is the great evil, the greatest Mr. COOPER, of Indiana. Will the gentleman allow me? evil of C~ngress. Not merely pension legislation; because my war upon Mr. KILGO RE. Oh, yes. private legislation, as gentlemen well know, has no~ heen limited to Mr. COOPER, of Indiana. I will say to my very good friend from pension legislation at all. I have chosen to attack every species of Texas, if he refers to the State from which I have the honor to come, I private and local legislation before this body. hope his remarks at present have no relation to me. And I will ask I say it is the greatest evil that attends the work of CongrPss, and it the gentleman if it is not true that I have repeatedly sat near him is the abuses that I attack, not merely in pension legislation, but in all and with him and with my arms around his shoulders besought him other kinds of private legislation-legislation local i.n its character-if to keep his seat in order that orderly transaction of business at Friday I considered it wrong; and it has made no difference to me whether it night se.c;sions might not be interrupted? affected the North or the South, whether it was urged by a Democrat Mr. KILGORE. That is true. The gentleman has been very affec or a Republican, it met my opposition if my judgment did not sanc tionate to me. [Laughter.] But I want to ask my friend from Indi ti,.m it. ana if be bas not said to me that bill or this bill ought not to pass, Now, the abuses were the things" attacked by Mr. Cleveland in bis but to Jet it go? [Renewed laughter.) vetoes, and if, in undertaking to correct au abuse, he was beaten in the Mr. COOPER, of Indiana. Oh, no ! Oh, no! I beg your pardon. discharge of what be believed to be his duty, I say it was better to be [Renewed laughter.] bro.ten on principle than to succeed as a matter of expediency and at Mr. KILGORE. I have a recollection of some of thefse conversations, the sacrifice of principle. Why, \fr. Speaker. only within the last few but I will raise no question upun that subject. months the whole country resounded with criticism and condemnation Now, Mr. Chairman, it is the abuse of this system that I resist, and of the abuses which had crept into the Pension Office itself under the I can afford to ta.lk about that abuse. You can not, perhaps. You direction of the present Administration. are afraid to do so. It affects your election-Democrats and Repub Democrats and Republicans alike condemned the abuses that were licans alike-and I suppose I would be afraid to talk about it, too, if I found existing in that office. Men who advocate pension legislation were in the same position you are. I am not saying that I am any and men who oppose it alike denounced those abuses, and the result braver than you, bat I am ifl the attitude to talk about it; and the was a public exposition of the wron~s and outrages in that office atid fact that I come from the far Southwest, the fact that I was on the the removal of the Commissioner in charge of it by reason of the abuses losing side in the ''recent unpleasantness," does not in the least affect which he bad committed himself or which he had tolerated in those my sense of duty here, and it ought not to, and I hope it does not, under him. affect the obligation which is upon me to dischar,ge my duty as I un Does anybody here condemn the present Administration for turning derstand it. I am not going over the country apologizing continually out Commissioner Tanner because he had permitted the most flagrant for being born and raised in the South and standing with my own peo irregularities under his eyes every day? Yet you come here and criti ple in the late war. I do not deem it n~essary that I should sur cise me, and denounce Mr. Cleveland, and denounce other gentlemen render my independence and my judgment as a member of this House who oppose abuses in this line, while you tolerate the presenli Admin merely to satisfy the world that I am thoroughly and profoundly recon istration for discharging those who were guilty of similar abuses in the structed. Pension Office itself. Now, as I have said, it is the abuse of the system that I have always Now, Mr. Chairman, in relation to the remark made by my friend chosen to resist. Never since I have been a member of this House have from Chicago [Mr. LAWLER], that everybody who is not able to work ·• I raised my voice against a suitable pension to the man who carried ought to have a pension from the Government, I have only to say that the musket and the knapsack and who bore the brunt of battle during is about where this thing is going to end. LLau~bter.] The gentle the war, if he presented a meritorious case. It is extravagant pen man said that we bad made an issue on this subject of pensions. I sions, it is pensions to wealthy and fashionable people, it is pen:sions never knew, sir, that the Democratic party had made any issue on to people who are in high life and who bold high positions, backed by pensions. Why, more pensions, thousands more, were granted under wealth, influence, and culture, I have r~isted. In doing that I be- :Mr. Cleveland than under any preceding Administration. ; .. • I 2260 CONGRESSIONAL RECORD-HOUSE. M.ARcn 14, I never knew that the _Democra?c party had made any issue wit.h Ione. It seems t~at wbe~ the Pi:esident ~etoe~ the bill passed in a the Republican party agamst pensions. I know that the Democratic former Congress 1t gave nse to a general d15cu&11on on the part of gen party, or members of that party, in this House have resisted the tlemen on both sides of the House with respect t;o pension legislation; abuses which have crept into the Pension Office and into legislation and I find in the RECORD page after page where gentlemen on both upon this subject; and the tendency of those abuses, Mr. Chairman, sides indulged in a. full discussion of general pension legislation-- is to the line drawn by my friend from Chicago, who says that he Mr. KILGORE. In this case? has the indorsement of 300, 000 people of his policy to give pensions to Mr. MORROW. In this case. And after it was all through it appears everybody who can not work; that is the idea. the bill was referred to the committee without a single point having Now, I want to remark that my friend from Kansas [Mr. PETERS] been discussed with respect to the merits of the bill, and it looks now has fallen into an egregious blunder in making the declaration that the as if we were to adjourn to-night without the merits of this particular days of oratory are over. [Laughter]. He ought not to have said it. case being discussed. I presume this is only another illustration of the I was satisfied that they were not over when I heard my friend from view of the scientists about the peculiarity of all affairs traveling in Missouri [Mr. STONE]. circles, the earth itself coming around periodically within the range of Mr. STONE of Missouri. He made that remark before you had aerial pyrotechnics; and so this case, traveling around, has a5ain come spoken. ' within the range of the intellectua{pyrotecbnics of this House with re- Mr. KILGORE. I was satisfied that the days of oratory were not spect to general legislation. I do not propose, myself, to indulge in onr when I beard my other friend from :Missouri, the gentleman from anything of that kind. I am inclined to agree with my friend from Kansas City [Mr. TARSNEY]. I w::i.s convinced that the days of ora- Kansas in his view that oratory has come to an end, that it is not nec tory bad not passed when I beard my eloquent friend from Kansas e~ 10r us to indulge in oratory in order t-0 have this sort of le.gisla- [Mr. PETERS], who spoke in behalf of this bill. If. I had. not been t10n properly pres~nted to the country. . . already convinced, why, sir, when I hP.ard my Republican friend from Now, what 1s thIS case? The President m his message to Congress, Bald Knob [laughter]-when I heard him and the gentleman from July 9, 1886, says: Chicago, then this question was conclusively settled that the days of This claima;nt entered the service in August, 1861, and was discharged Sep oratory are not over, and my friend from Kansas must retract his state- tember 15, 1865. His hospital record shows that during this service be was ment. ~~~d~: for various temporary ailments, among which rheumatism is not in- .A MEMBER. Yon forget the gentleman from Indiana. And that was the point on which the veto message wa.s based: that Mr. KILGORE. Yes; I should have referred to the eloquent speech this ruan's blindness could hardly have arisen from rheumatism, as he of the gentleman from Indiana. But I can not name them all. After did not appear to have been treated for rheumatism while in the service. hearing all the.se speeches, I know that my friend from Kansas will We all have, I presume, confidence in this Committee on Invalid Pen- withdraw his remark. sions. According to the report of that committee this claimant, Frank Now, Mr. Chairman, in relation to this bill itself, I think any gen- Deming, enlisted August 14, 1861, and served until September 15, 1865, tleman in this House can consistently oppose it without being charged four years, one month, and one day, all of this time in Government with resisting proper pensions to the soldiers of the late war who de- service, with the exception of one thirty-day furlough. serve pensions. I think we can consistently oppose a.ny similar measure The committee then goes on to state the nature of the claim: that is supported by no better claim than that presented in this.report. Claim is based on total blindness caused by rheumatism. Hospital record Now, Mr. Chairman, I think this House might go on in the orderly shows that he was treated at three different times for intermit.teJlt fever, and • discharge of its business; and if there are cases that come within the once for bronchitis, buti the last time he was sent to the hospital no record was proper definition of equity, if a man appears to have· an equitable recorded as to disease, but comrades testify that he suffered from rheumatism. case-and it ought to be a. pretty strong case, because the pension laws I am not sufficiently conversant with the character of diseases to say are very liberal and are very liberally construed-I believe it has been whether there is any pathological sequence between intermittent fever held by the Pension Office that a dishonorably discharged soldier may and bronchitis and rheumatism, but I think it is a fact which has been be entitled to a pension-- recognized by physicians that patientssufferin~from intermittent fever Mr. LANE. The gentleman is mistaken-- and bronchitis are liable as a consequence to attacks of rheumatism. Mr. KILGORE. I understand it baa been so held. I know where a party was traveling in a foreign country, when a child Mr. LANE. The gentleman is mistaken in saying the Pension Office was attacked with the bronchitis and was taken to an English physician. is liberal in its construction; it is anything else but liberal. He at onoe stated that the child was also subject to rheumatism, and Mr. KILGORE. IsaythePensionOfficehasheld thatadishonorably gave it as a pathological sequence to throat disease. discharged soldier may be entitled to a pension. The claimant alleges that he contracted the disease in August, 1864; Mr. MORROW. In other words, it has held that the pension does that he never recovered from it, but that it became chronic and eventu- not depend on the discharge, but on the service and disability. ally resulted in total blindness. Claim WM r~jected by the Pension Mr. BRECKINRIDGE, of Kentucky. Assistant Secretary Bossey Department for want of sufficient evidence from date of discharge to distinctly held that the fact of a soldier having been dishonorably dis- the year 1884. charged did not prevent him from obtaining a pension. It presents a fair case. There is, in my judgment, no impropriety Mr. KILGORE. That is exactly as I understand it. I say that the about the discussion of these cases in the House. The session was pro- laws are liberally construed by the Pension Office. vided for that purpose. The gentleman from Texas [Mr. KILGORE] Mr. MORROW. The Assistant Secretary held that the pension de- and other gentlemen are perfectly right in asking for the reading of the pended upon the service and disability: and not the character of the report from the committee in each case, in asking for it to be read and discharge. read in full, and pa.ssing upon it such criticism as they may deem nec- Mr. KILGORE. I understand that; b1Jt suppose a man served in essary, so that the House may pass intelligently in relerence to all the.se the war for three years, rendering gallant service, and then deserted, matte1'S. would he be entitled to a pension? I say that the pension ought t;o I believe, from the report in this case, it will be perfectly proper to depend upon the entire service-the service from the time of enlistment ' grant.a pension to this man, who served faithfully, and who is now to the discharge--!lnd if the soldier deserted he ought not to have a suffering from blindness caused by intermittent fever arising out of pension. But I am speaking of that matter only by way of illustra- services in the Army, and for that reason I am in favor of the passage tion. of the bill. Mr. MORROW. I presume the gentleman understands that the de- Mr. LANE. Mr. Chairman, the gentlemen who have addressed the cision to which he refers was simply the construction of a statute; but committee so far are not members of the_ Committee on Invalid Pen tbe attention of Congress ha.s been called to the matter by the Secre- sions. For myself, as a Bourbon Democrat of the severest type, I wish tary of the Interior, who recommends some legislation in that regard. to enter myprotest againstthestatementmadehere, thatthepracticein Mr. KILGORE. I have mentioned that matter not with the view the Pension Office is most liberal. I have been three years on this Com of criticising the action of the office, but only for the purpo.se of em- mittee on Invalid Pensions, and I have examined somewhere near 800 pijasizing the fact that the pension laws are liberally construed in be- cases referred to me personally as a member of that committee; and half of pensioners, and there is no objection to such liberality. It is in the whole of twenty-five years' practice of law, and nothing else, I the intention of Congress that they should be liberally construed, I take am prepared to say to the House and the country that the practice of it; and therefore Congr.ess itself ought to do very little in this line. the Pension Office is not liberal at all. I have on my desk fifteen cases Mr. MORROW. Mr. Chairman, I think that we can say that on this reported favorably that I assume to say, if those cases were tried before eide of the House there is no question about the effectiveness of the gen- any jury and judge in the country there would be a report in favor of tie man from Texas in his opposition to this class of legislation. Since I the soldier. They are rejected by the Pension Office for the most triv have been in Congress I have observed his conduct here, and I know ial and nonsensical reasons; and it is evident to my mind that the that wbene•er there bas appe;i.red an opportunity to criticise any of men selected to make these examinations in the Pension Office are these pension bills he has resisted them; and I think it was somewhat taken from a class of men who never had any experience in weighing unfair on the part of the gentleman from Missouri [Mr. STONE] to say evidence. lam satisfied of that fact from myexaminationofthesecases. that the resistance of the gentleman from Texas has been" feeble." lam willing to challenge the investigation of any court or jury to hear It has been effective to the extent often of absolutely stopping the those cases and to pass upon them, and I say the decision of that court machinery of Congress in passing upon such measures. and jury would be adverse to the decision of the Pension Office. Now, Mr. Chairman, this particular case is a somewhat remarkable A MEMBER. Cut it short. , ' ~ . .' 1890. CONGRESSIONAL RECORD-HOUSE. 2261 Mr. LANE. No, nothing can be done this evening. I think there I am in favor of general laws, of course, when general laws are ap is $6,000 a year wronged out of some soldiers or their widows by the plicable. If it could be done, all of these cases should be relieved under course of the House to-night. I do not say who is to blame, butsome a general law, and I hope before this session of Congress closes that one is to blame, and whoever is to blame will fake the responsibility out of the Committee on Pensions will be reported a general law re of depriving forty soldiers or their widows of their just allowance. lieving a great mass of these cases. But still the ingenuity of man For the man who wrote that veto I have the highest esteem and re cau not devise a general law that will meet all of such cases. spect for his judgment and manhood, and in mypresence I would not Why, the gentleman from Texas [Mr. KILGORE] says that you have allow any man to challenge his honesty, his purity of purpose, his in all the States constitutional prohibition against special legislation. sense of duty, and willingness to discharge every obligation fairly rest And it is a fact that in all the States that have resorted to such a pro ing upon him. hibition they resort to general legislation to meet special cases, and I But I know, Mr. Ch~rman, that it is the fortune of man to make insist that that is worse than the other practice. When you go to States mistakes. We are but human, and it is human to err, und Grover where there is prohibition against special legislation what is done? Cleveland is no exception to that rule. Why, they pass a general law to meet a single case, and the result of I have on the Calendar now a case with which I am familiar, the facts it is that yon encumber your statute-books with useless laws which are of which I understand, and a case which was vetoed by him. This is a of no purpose whatever after the special case to which they are applied case where there is the testimony of six witnesses, five of whom swear is out of the way. to a certain state of facts, that the soldier~s death was dtte to his army There are therefore two sides to that question as to every other ques service, and a single witness swears that his death was due, not to his tion. You can criticise this on both sides; and yet it is not well to army service, but to intoxication. arrive at a judgment until you have examined the other side of the Mr. Cleveland, in the exercise of the high functions of his office, saw case. It must be apparent to every member that it is utterly impos proper to believe the one man in preference to the testimony of the five. sible for this House to give attention to each one of these cases. They All of them seemed to be equally conversant with the fact.q of the case, must rely upon the committee. The committee make their report un all equally honest and equally intelligent, bnt he in vetoing the bill der oath to this Honse, and they state the fact.'! on which they base relied on the testimony of the one man and seta-::ide the testimony of five. their reports. That report is pmna facie evidence of the truth of the The case is now on the Calendar for consideration. When the cru:;e claim and should be so held until it is impeached. If that position is came back with the veto of the President I went myself and saw him not correct and you have no confidence in your committees you should in regard to it and told him that I had personal knowledge of the man, wipe out the committees and bring all the bills here. that he was from my own district, and that in my judgment be had The committee. in the exercise of its duties, submits a report of the made a mistake. I mention that, l\ir. Chairman, to show that Mr. facts and its conclusions upon them, and I think that report is prima Cleveland sometimes made mistakes himself, although I think in the f acie true until something is brought here rather than the mere ipse main he was right in the majority of cases which he declined to ap dixit of some member without proof to sustain the allegation that the prove. report is erroneous. The case at bar ~s reported by the committee, an~ This particular case before ns presents some point-a of interest. The I think the report is specific and should be satisfactory. It sets out committee acted knowingly upon it. They did not act blindly. There the full CMe, It charges that the man is blind and that his blindness is not a committee of this House that has labored half as hard as this is due to bis army service. What more do you want? Committee on Invalid Pensions, and I think I may say with propriety I think the claim ought to be allowed. that there is no committee of this House which bas dischar~ed its duty The CHAIRMAN. The question is on agreeing to the amendment with any more zeal or care than the Committee on Invalid Pensions. to this bill reported by the committee, whieh tbe Clerk will read. They have studied these cases with extreme ca.re. We ha•e examined The Clerk .read as follows: the testimony carefully in every instance. In this particular case we Strike out the word'! "subject to the limitations and provisions of the pension have the assurance of a member of this House who saw this soldier, who laws" and ~nsert in lieu thereof" at the rate of $40 per month." was there before the committee present with him, who knows his con The amendment was adopted. dition, who was himself an eye-witness of his condition, and therefore The bill as amended was laid aside to be reported to the House with we did not act blindly, but with a full understanding of the case. the recommendation that it do pa.ss. It is not a proper thing, after twenty-five years, in my judgment, when these men have been kept waiting, to go and poise the scales, as HENRY BLOOMFIELD. the President of the United States says, with the utmost precision The next bnsine....c:s on the Private Calendar was the bill (H. R. 5617) about such cases. For myself I would rather, as a Democrat, make granting a pension to Henry Bloomfield. ten errors in tl . , .· - • .I 2262 CONGRESSIONAL RECORD-HOUSE. MARCH 14, was not able to furnish any proof by anybody as to when or how or l\Ir. MORROW. And that is what you were looking for. Now, if where the wound was received. He swore that his lieutenant-colonel that evidence was on file would not he receive a pension from the Pen -was present when the wound was received, but the colonel was dead. sion Bureau, and therefore have had no occasion to come and ask for - . .Afterwards, on May 4, 1881, two years after this original application this relief? I • under oath was :filed, he :filed another affidavit, in which he stated that l\lr. STO'N'E, of Missouri. I know nothing about that. the gunshot wound was not received in battle, but, as stated in there- Mr. MORROW. And is not that the present condition of the case; . port oftbe committeejustread by the Clerk, that it was received while that, because it does not appear that be received this wound in battle cleaning his gun afkr having been relieved from pi(;ketduty. The two and in line of duty, he was not given a pension by the Bureau? statements are contradictory. There is but one single witness whose Mr. STONE, of Missouri Now, Mr. Chairman, I am not prepared testimony is offered in the case, that of Samuel Bloomfield, presumably to say what the position of the Pension Office would have been if cer a relative. tain conditions had existed and certain facts had been made to appear. I could not discover from the somewhat brief examination I was .My statement is this, and I want it to be distinctly unrlerstood, that obliged to make of the papers what the kinship was, if any existed at the only evidence that I could :find in the case touching the incurrence all. That witness, Samuel Bloomfield, simply testified that he'' under of this alleged disability was the testimony of the claimant himself, stood'' that the claimant's wound was occasioned by an accidental dis supported by the statement of Samuel Bloomfield that he had ''under charge of his gun. ''That his understanding was.'' How he was made stood '' that this man had been accidentally shot while cleaning his gun. to understand it, when or from whom he learned it, is not stated. Now, But the soldi~r himself, in his original statement made under oath, said Mr. Chairman, that is the whole c.1Se as it appears in the papers on file that he had received the wound in action in the battle of Petershurgb. in the Pension Department. The case as presented here depends en Two years afterward he filed a supplementary affidavit in which be tirely on the testimony of the claimant himself. stated that the wound was not received in battle, but was accidental; Mr. BELKNAP. I would like to ask the genUeman a question. that be bad been recently relieved from picket duty, and while clean· Mr. STONE,· of Missouri. Certainly. ing his gun it was accidentally discharged, resulting in this injury. Mr. BELKNAP. Did you examine the record evidence? Now, that is the whole testimony in the case, except such inferences as Mr.STONE, ot Missouri. I examined the report of the medical board. may be drawn from the report of the medical board or the record in Mr. BELKNAP. Did you not find that he was in the hospital fora the War Department, that he was in hospital for a wound, and it is gun bot wounrl, and that he was discharged from the service on ac upon those inrerencesthatmy friend (Mr. BELKNAP], who, I suppose, count of that wound? made this report-did the gentleman make the report? Mr. STON'E, of Mis..~ouri. I found that there was a report from the Mr. BELKNAP. I made that report, and I made it upon the evi Adj utant~General or some officer of the War Department who furnishes dence found on file with the claim; and if the gentleman searched the those reports-- records as he claims to have done, he must have found that it is plafoly Mr. BELKNAP. From the Surgeon-General. and clearly shown that the claimant was confined in the hospital and Mr. STONE, of Missouri. The Surgeon-General, I meant to say, and treated for a gunshot wound in the foot and was discharged from the that this man had been in the hospital for a gunshot wound, but that service on account of the same. was all. That he was wounded I have no sort of doubt. Mr. STONE, of Missouri. There ought to be no dispute about the Mr. BELKNAP. · Did not that record state, and did it not do so facts. Let me ask my friend whether this statement is correct accord plainly, that he was discharged from the service on account of this ing to his memory: That the soldier himself testified in his first appli wound? cation that the wound was received in action, and afterwards, in his Mr. STONE, of Missouri I do not remember as to that. I can not later affidavit, stated that it was an accidental injury, not received in say exactly what was stat-ed in that report. I can not see that it is ma battle. Am I correct so far ? terial. Mr. BELKNAP. I am not prepared to dispute the technical point Mr. BELKNAP. But did yon look to see if such was the fact? brought up here-- Mr. STONE, of Missouri. I can not now recollect whether I did or Mr. STONE, of Missouri. I am simply asking for the evidence. not. If I did so, I do not regard it as a material fact and I do not Mr. BELKNAP. But I assure the gentleman that there was no time now say it is. during the siege of Petersburgh when the troops were not in action. It Mr. BELKNAP. What, then, would you regard as a material fact was one continual battle da.y and night. .- in this ca~e? Mr. STONE, of Missouri. I will ask my friend one question further: Mr. STONE, of Missouri. The question to be determined in order Whether there is any testimony of any witness except Samuel Bloom to entitle this claimant to a pension is, :first, to ascertain whether there field corroborating the testimony of the claimant himself and whether was dh:ability at all and the nature of the disability, and, then, to de that testimony of Samuel Bloomfield is not purely be-arsay? termine whether that disability was incurred in the military service and Mr. GROUT. Will the gentleman from Missouri [Mr. STONE] allow in the line of duty. me to ask a question? Mr. BELKNAP. Did you not discover in the papers the report of Mr. STONE, of Missouri. Certainly. the special examiner, who·examined that case, hunted up the evidence, l\fr. GROUT. Have you here the exact language used by the claim anrl made np the claim in that case? Did it not show that it was re ant in his original application, so t~at you are able to state positively j?;arded as a very meritorious one, fully describing the soldier's disabilities whether he said be received this wound ''in action" or during the and that it was ~jected simply on account of the fact that the wound fight at Petersburgh? was not received in line of duty; that the man was not on duty, but Mr. STONE, of Missouri. I have not a. copy of the affidavit here. was cleaning bis gun, and that th~ case was rejected simply because of Mr. GROUT. The exact language might be very important, because the fact that the claimant was not in the line of duty? that siege or battle was an aftair running through many days, as all Ur. STONE, of Missouri. My remembrance of the report of the soldiers who were connected with it will remember. board of medical examiners, as I stated, is that there was evidence of Mr. STONE, of Missouri. While I have not copied either of the the wound to this toe, that there was a cicatrix upon the toe, and that affidavits in the case, I undertake to say that the first affidavit does there was some adhesion to the bone of the toe; but that the wound distinctly state that the wound was received in action, in the battle of itself was sli~ht and the injury was slight. Petersburgh, and uses that language, "in action." l\Ir. BELKNAP. I do not understand that such is the evidence. Mr. GROUT. Uses the language ''in action?" Now, I know this man personally and have known him for the last ten, Mr. STONE, of Missonri. Yes, "in action." I wish that under twelve, or fifteen years. stood, and I will stand by it. I undertake to say, also, that the sec Mr. STONE, of Missouri. I did not yield for a statement. onrl affidavit is as I have stated. Mr. BELKNAP. I know that he walks with a crutch and that he Mr. GROUT. The language could not have been "during the is unable to walk without a crutch. action?'' The CHAIRMAN. The gentleman from Missouri declines to yield. .Mr. STONE, of Missouri. ''In action." Then, in the second affi Mr. STONE, of Missouri. Now, Mr. Chairman, I of course am pass da·vit, when his attention is called to it, he specially corrects that state ing upon this question on the evidence as delivered under oath and on ment. file in the Pension Office, and not upon what may be within the per Mr. SMYSER. May I ask the gentleman a question? sonal knowled~e of the honorable gentleman who interrupted me, and Mr. STONE, of Missouri. Certainly: who, 1 believe, bas not volunteered to make a statement in the way of Mr. SMYSER. If the record discloses the fact that the man was evidence. Now, it bas occurred tome as beiogstrangeand unaccount treated for this wound and the soldier himself, in his first declaration, able that if a man was actually wounded in the line of duty in battle does allege that he received it at one place, but afterwards states that nobody knew it, not even himself. he received it at anotber, would you not say that he had simply made Mr. MORROW. Will the gentleman from Missouri allow me to ask a mistake? him a question? l\lr. STONE, of Mis.sourL There is no question that it was a mis Mr. STONE, of Missouri. Certainly. take. ~fr. MORROW. As I understand the evidence, it is that this man Mr. SMYSER. Would you be prepared to go further, or do you now received this wound in battle and in line of duty. mean to impute perjury to the claimant simply because there is a dic Mr. STO~E. of l\1issonri. There is no evidence of that except the crepancy in his statements? stat.ement of the soldier himsel~ Mr. STONE, of Missouri. I mean to say that this is a claim against ...... •.,•...: ... ' 1890. CONGRESSIONAL RECORD-HOUSE. 2263 the Govemmmt of the United States, prosecuted under the laws of the statement differ from the first as to the circumstances under which the United States, and that there ought to be some sort of conformity to wound was received. the requirements of the law; and I go further and say that it is an un Mr. BRECKINRIDGE, of Kentucky. Is it not probable, from the usual and dangerous practice to allow a claim upon the unsupported gentleman's own knowledge of the way things were done, that if this testimony of the claimant himself, and especially so when he has made man bad received the wound in action his company commander would contradictory statements as to the main facts. have reported him wounded at the time, and there would then have Mr. SMYSER. But do you not base your objection largely upon the been corroborative evidence? He might not have been familiar with ground that the soldier bas made contradictory statements as to how that rule; but when he made his statement under oath that he had the wound was incurred? been wounded in action the absence of his name from the company Mr. STONE, of Missouri. Yes, sir; and as to whenHwas incurr~d. report would be contradictory of bis statement; and therefore if be Mr. SMYSER. Now, when you find the Government itself furnish were intending to decefre he might afterward want to fix up the mat ing record evidence of the injury, are you not then prepared to say that ter so as to make the wound appear as having been received under cir the soldier simply made a mistake in one or other of his declarations, cumstances which would not require, as he would think, that it should as to the time and place when be received the injury? appear in the official report. If he had been wounded, even by acci Mr. STONE, of Missouri. I am prepared to say that he certainly dent, when he was on duty or with bis company, that would have been made a mistake. returned by the proper officer of the company in accounting for the Mr. SMYSER. An innocent mistake. absence of the soldier, if the record was kept in that regiment, as I Mr. STONE, of Missouri. No doubthe madea mistake. There can suppose it was. be no douht about that. Mr. BOOTHMAN. Now, my friend from Kentucky is too old and Mr. HILL. If the gentleman will permit me I will ask him a ques too good a soldier not to know that frequently men were injured in the tion. service, and injured in action, when the company commander was not Mr. STONE, of Missouri. Certainly, sir. near. Mr. HILL. Would it make any difference as to the real merits of Mr. BRECKINRIDGE, of Kentuch."Y. Undoubtedly. the case whether this wound was received in action, as stated in the Mr. BOOTHl\IAN. A case oJ this kind might occur when the com first affidavit, or accidentally by the discharge of the soldier's gun, pany commander was not present. as stated in the second affidavit? Mr. BRECKINRIDGE, of Kentucky. Undoubtedly. But in all Mr. STONE, of Missouri. Oh, I think not. I mean to say that it well disciplined companies or regiments every soldier must be ac makes no difference in my judgment whether he was wounded in battle counted for. There is a morning report. of the orderly sergeant to the or accidentally wounded while in the discharge of bis duty and in the sergeant-major of the regiment, which accounts for every soldieron the line of duty. I think there would be no difference in that respect. roll; the soldier must b3 present for duty, or detailed, or absent sick, Mr. BOJ THMAN. As I understand, my friend from Missouri has or in some way accounted for. Now, this person would be accounted looked at the report of the medical board that examined this claimant. for on that roll if be had been wounded. Mr. STONE, of Missouri. Yes, sir. Mr. BOOTHMAN. Let me put a question to the gentleman. Mr. BOOTHMAN. What disability rating did that board give him? Mr. STONE, of Missouri. I want to ask my friend a question. I think ' :Mr. STONE, of .MissotH"i. Well, I can not recall it, if there was any. I have yielded far enough. Before this debate is closed I want to ask Mr. BOOTHMAN. There was some disability rating, was there not? one question of my friend from Ohio [Mr. BOOTHMAN]. I believe he Mr. STONE, of Missouri. Very likely. I will say to my friend that was wounded in battle? I devoted three or four hours to-day-the only time I have had to give Mr. BOOTHMAN. Yes; I think I have a lively recollection ofthat. to this matter during the week-to the inve tigation of a number of Mr. STONE, of Missouri. I would like to know whether my friend these cases. Bnt as to details of that character, though possibly I ob from Ohio, in applying for a pension, would he able to state whether served them, I did not make any minute, and hence I can not answer he was shot by the enemy or shot by himself. accurately the question of my friend. Mr. BOOTHMAN. Yes, I think I would. Mr. BOOTHMAN. Is not this the situation of the claim, that no Mr. STONE, of Missouri. Well, does it not occur to you that this dispute as to the fact of the man having been wounded arises? man ought to have been able to state in the fir.st place whether he was Mr. STONE, of Missouri. I do not dispute it. shot in battle, as he says he was \leaving the inference to be drawn Mr. BOOTHMAN. And when the claimant himself swears that he that itwas a wound received from the enemy), or whether he inflicted received the wound in action and afterward swears that the wound the wound himself? was received while he was cleaning his gun after he had returned Jrom Mr. BOOTHMAN. I will answer that question by asking another. picket duty, does not this circumstance show that the man intended Does not my friend know that in many of these ca.ses the soldier is not to be honest about the matter, to state the fact as to the occurrence? able to draught his own papers; and I do not understand that the papers He was not obliged to state afterward (was he) that the wound was in this case were draugbted by the claimant. Now, when the soldier received out of action? goes to a claim agent to have bis papers draagbted the attorney in hun Mr. STONE, of Missouri. I will ask the gentleman a question, dreds of instances places in the blank language which the soldier him Yankee fashion. If he were the Commissioner of Pensions and if in self would not put there in describing the injury; in other words, the the discharge of his duty under the law an applicant should come be attorney, having the usual idea that every wound is received in action, fore him with nothing but his own unsupported testimony and state puts it down so. . that he ha-1 received a wound in battle-in the fierce onslaught of bat Mr. STONE, of Missouri I do not know about that, Mr. Chairman, tle-and if two years afterward he should come and make another affi but I know this (of course gentlemen can do as they please)-I know davit saying that he had received the wound at an entirely different that this claim was rejected on account of this insufficient testimony, place and under entirely difli ent circumstances, by reason of an acci after a full investigation by the Pension Deuartment; audit seems to dent-and that is the whole affirmative testimony-would the gentle me to be carrying this policy of private legislation to a great extreme man grant the pension? when we allow a IDe.'.lSure of this sort t-0 be passed through here upon Mr. BOOTHMAN. I will say this in answer to the gentleman's testimony of this character. question: If I were the Commissioner of Pensions, I would grant pen The CHAIRMAN. The y_uestion is, Shall this bill be laid aside to sions upon sufficient evidence as recognized by the rules of law. be reported to the House with a favorable recommendation? Mr. STONE, of Missouri. I have stated a particular case. The question being put, it was decided in the affirmative. Mr. BOOTHMAN. I will meet the case. In tbiR instance there is Mr. MORRILL. I move that the committee rise. but one witness to the incurrence or origin of the wound. The motion was agreed to. Mr. STONE, of Missouri. And that is the claimant. The committee accordingly rose; and Mr. MORROW having resumed l\fr. BOOTHMAN. The Pension Office, under such circumstances, the chair as Speaker pro tempore, Mr. ALLEN, of Michigan, reported can not ~rant a pension, and for that very reason the man comes to that the Committee of the Whole House, having had under considera Congress for relief. tion pension business on the Private Calendar, had directed him to re Now, if I 'vere Commissioner of Pensions and desired to test the truth port back the bill (H. R. 5620) granting a pension to Frank Deming, fulness of this witness, I would let this circumstance bear some weight Company F, Ninth Michigan Infantry, with an amendment, an '· 2264 OONGRESSIONAL RECORD-HOUSE. MARCH 14, Mr. BRECKINRIDGE, of Kentucky. In view of the debate we have ably the following bills; which were severally referred to the Commit had this evening, we had better postpone action until after we have seen tee of the Whole House: that debate in the RECORD. A bill (H. R. 6906) granting a pension to John H. McLaughlin; and Mr. PERKINS. The country will understand they have not per A bill (H. R. 5299) for the relief of Chloe Cooper. mitted a single pension bill to pass to-night~ It will be understood Mr. BELKNAP, from the Committee on Invalid Pensions, reported. that gentlemen have exhausted this entire evening in debate. favorably the following bills; which were severally referred to the Com- Mr. ALLEN, of Michigan. Let the country understand that they mittee of the Whole House: · have dropped out forty pension cases which should have been passed A bill (H. R. 1400) for the relief of Patrick Calhan; and to-night. A bill (S. 1022) granting a pension to the widow of the late Com Mr. BRECKINRIDGE, of Kentucky. I rise to a point of order. mander Samuel H. Baker, United States Navy. The rhetorical and excited statement.a of my friends on the other side Mr. WILSON, of Washington, from the Committee on Indian Af are entirely out of order. The motion to adjourn is not debatable. fairs, reported favorably the bill (H. R. 5964) granting the Spokane Mr. ALLEN, of Michigan. The conn.try will understand who it is Falls and Northern Railway Company the right of way through the has prevented to-night the passage of any pension business. Col ville Indian reservation-to the House Calendar. Then (at 10 o'clock and 30 minutes p. m.) the Speaker pro tempore Mr. PICKLER, from the Committee on the Public Lands, reported declared the House adjourned. favorably the bill (S. 368) to establish two additional land districts in. the State of Nebraska-to the Committee of the Whole House on the MEMORIALS Al.~D RESOLUTIONS OF STATE LEGISLATURES. state of the Union. Mr. TUH.NER, of Georgia, from tbe Committee on Commerce, re Under clause 3 of Rule XXII, the following memorial was delivered ported favorably the bill (H. R. 7993) to amend section 4 of " An act to the Speaker and referred as follows: to authorize the county of Laurens, in the State of Georgia, to con By Mr. .ANDERSON, of Uississippi: A memorial of the Legislature struct a bridge across the Oconee River, at or near Dublin, in said of Mississippi, recommending the passage of a law by Congress com county and State"-to the House Calendar. pelling railroads engaged in interstate commerce to equip their cars Mr.ROBERTSON, from the Committee on Military .Affairs, reported with uniform safety automatic couplers and power automatic brakes with amendment the bill (H. R. 3857) to provide for the disposal of a to the Committee on Commerce. portion of the United States military reservation atBalion Rouge, La. to the Committee of the Whole House on the state of the Union. RESOLUTIONS. Mr. THOMAS, from the Committee on War Claims, reported favor ably the bill (H. R. 3107) for the relief of Col. James Lindsey-to the Under clause 3 of Rule XXli, the following resolution was delivered Committee of the Whole House. . to the Speaker and referred as follows: Mr. RAY, from the Committee on Claims, reported favorably the By Mr. McCORD: bill (S. 1381) for the relief of Jacob I. Cohen and J. Randolph Morde Resol'iJed, That the Committee on Printing be, and they are hereby, author cai-to the Committee of the Whole House. ized a.nd directed to consider a. proposition to furnish to the House of Repre sentatives a consolidated alphabetical index of the reports of committees of the Mr. BROWNE, of Virginia, from the Committee on Commerce, re House a.nd Senate from the beginning of the First Congress, 1; 89, to the close of ported with amendment the bill (H. R. 3871) for the establishment the Fift.ieth Congress, 1889, being the reports for one hundred years, the com of a steam fog-signal at Ludington light-station, Michigan-to the Com mittee to report by bill or otherwise; mittee of the-Whole House on the state of the Union. to the Committee on Printing. Mr. OSBORNE, from the Committee on Military .Affairs, reported favorably the bill (S. 117) for the relief of Edward H. Lieb-to the REPORTS OF COMMITTEES. Committee of the Whole House. Mr. BOOTHMAN, from the Committee on Claims, reported favorably Under clause 2 of Rule XIII, the following reports were filed, and, the bill (S. 888) for the relief of George K. Otis or his legal represent with accompanying bills, ordered to be printed, and reforred as follows: atives-to the Commi~ee of the Whole House. Mr. TAYLOR, of Tennessee, from the Committee on Invalid Pen sions, reported favorably the bill (S. 609) granting a pension to Mrs. Catherine Tittle, widow of Ephraim Tittle-to the Commi~tee of the BILLS AND JOINT RESOLUTIONS. Whole House. U oder clause 3 of Rule XXII, bills and joint resolutions of the fol He also, from the same committee, reported with amendment the lowing titles were delivered to the Speaker, severally read twice, and bill (H. H. 2989) granting a pension to Mrs. Martha E. Jones-to the referred as follows: Committee of the Whole House. . By Mr. BAKER: A bill (H. R. 8193) to amend section 12 of the act Mr. WILSON, of Kentucky, from the Committee on Invalid Pensions, entitled "An act to regulate commerce," approved February 4, 18~ reported favorably the bill (H. R. 4028) granting a pension to Agnes to the Committee on Commerce. Vetter-to the Committee of the Whole House. By Mr. NORTON: A bill (H. R. 8194) to amend section 1 of "An act Mr. WILLCOX, from the Committee on Claims, reported favorably granting pensions to the soldiers and sailors of the Mexican war "-to the bill (H. R. 4473) for the relief of the National New Haven Bank of the Committee on Pensions. the State of-Connecticut-to the Committee of the Whole House. By Mr. HE.ARD: A bill (H. R. 8195) to provide for the coinage of Mr. FLICK, from the Committee-on Invalid Pensions, reported favor both gold and silver and for the issuance of coin certificates to circulate ably the following bills; which were severally referred to the Commit as money, and to provide for the substitution of such certificates for tee of the Whole House: the silver and gold certificates now outstanding-to the Committee on A bill (H. R. 4808) granting a pension to Roxanna Finch; Coinage, Weights, and Measures. A bill (H. R.1456) granting a pension to Ira E. Smith; By Mr. PAYSON: A bill (H. R. 8196) for the erection of a. public A bill (H. R. 1070) granting a pension to Sarah Hamilton; building at Kankakee, Ill.-to the Committee on Public Buildings and A bill (H. R. 4127) granting a pension to Rhoda Williams; Grounds. .. A bill (H. R. 4126) granting a pension to H. G. Church; By M1·. RUSK: A bill (H. R. 8197) to define the route of the Balti A bill (H. R. 4038} granting a pension to James Fitzgerald; more and Ohio Railroad in the District of Columbia, and for other pur A bill (H. R. 6296) granting a peruion to Samantha Williams; poses-to the Committee on the District of Columbia. A bill (H. R.1672) granting a pension to Margaret P. Minteer; By M.r. BRECKINRIDGE, of Kentucky: A bill (H. R.'8198) for the A bill tH. R. 7078) granting a pension to Mary B. Stidger; erection of a public building at Georgetown, Ky.-to the Committee A bill (H. R. 4258) increasing the pension of Francis Gilman; ' on Public Buildings and Grounds. . A bill (S. 907) to re~ tore the name of Mrs. Mary L. Bradford to the By Mr. PIERCE: A bill (H. R. 8199) to authorize a survey of that pension-roll; _ portion of the Mississippi River west and north of Red Fork Lake, in A bill (S. 2137) granting a pension to David C. Bullard; Kentucky and Tennessee-to the Committee on Rivers and Harbors. A bill (S. 578) granting a pension to Mrs. Emma Dill; By Mr. PARRETT: A bill ( H. R. 8200) to erect a public building at A bill (S. 177) granting a pension to Mary Mccowan; Mount Vernon, Ind.-to the Committee on Public Buildings and A bill (S. 650) granting a pension to William H. Cummings; Grounds. A bill (S. 2290) granting a pension to Olina Hanson; _ By Mr. CUTCHEON: A bill (H. R. 8201) to amend the Articles of A bill (S. 2283) to increase the pemion of W. H. H. Bailey, of Brain- War relative to the punishment on conviction by courts-martial-to the tree, Ma.c;s. ; and Committee on Military Affairs. '· A bill (S. 2347) grantingan increase of pension to GeorgeL. Warren. Also, a bill (H. R. 8202) to provide for the examination of certain Mr. FLICK also, from the Committee on lnYalid Pensions, reported officers of the Army and to regulate promotion of officers therein-to with amendment the following bills; which were severally referred to the Committee on Military .Affairs. the Committee of the Whole House: • By Mr. DIBBLE: A bill (H. R. 8203) authorizing the construction A bill (H. R. 4152) granting an increase of pension to Albert Mabb; of a new steam-tender for service in the sixth light-house district-to A bill (H. R. 4359) granting a pension to Elizabeth Ogden; and the Committee on Commerce. A bill (S. 1221) granting a pension to Helen Plunkett. By Mr. PAYNTER: A bill (H. R. 8204) to direct the Secretary of Mr. LAWS, from the Committee on Invalid. Pensions, reported favor- War to appoint a commission to ascertain and report the fact.a concern- ·. 1890. CONGRESSIONAL RECORD-HOUSE. 2265 .- ing the destruction of property at Augusta., Ky.• on September 27, By Mr. TAYLOR, of Tennessee: A bill (H. R. 8233) granting a peJ?. 1862-to the Committee on War Claims. sion to Catherine Vaup:hn-to the Committee on Invalid Pensions. ;. By Mr. BAKER: A bill {H. R. 8205) to a.mend section 22 of the act By Mr. TRACEY: A. bill (H. R. 8234) granting a pension to Cathe to regulate commerce, as approved March 2, 1889-to the Committee rine S. Lawrence-to the Committee on Invalid Pensions. on Commerce. By Mr. O'NEILL, of Pennsylvania: A. bill (H. R. 8237) for the relief By Mr. CUTCHEON: A bill (H. R. 8235) to prevent desertions from of Jared W. Dillman, late of the United States Navy-to the Commit the Army, and for other purposes-to the Committee on Military Af tee on Invalid Pensions. fairs. Also, a bill (H. R. 8238) for the relief of William Wheeler Hubbell By Mr. THOMAS: A bill (H. R. 8236) to amend chapter 331, ap to the Committee on Claims. proved July 20, 1874, entitled "A.n act making additions to the fif teenth section of the act approved July 2, 1864, entitled 'A.n act to aid CHANGE OF REFERENCE. in the construction of a railroad and telegraph line from the Missouri Under clause 2 of Rule XXII the following changes of reference were River to the Pacific Ocean, and to secure to the Government the use of made: -- the same for postal, military, and other purposes,'" approved July 1, A. bill (H. U. 6967) for the relief of sailors and marines in-the United 1862-to the Committee on the Pacific Railroads. States Naval Homes-Committee on Pensions discharged, and referred By Mr. SPINOLA: .A.joint resolution (II. Res. 124) authorizing the to the Committee on Naval Affairs. Secretary of the Treasury to take possession of part of Governor's Isl A. bill (H. R. 7008) granting a pension to Thomas Shannon-Com and for the establishment of an immigration depot-to the Committee mittee on Invalid Pensions discharged, and referred to the Committee on Military Affairs. on Pensions. A bill (S. 647) granting a pension to Catherine Simmonds-Commit PRIVATE BILLS, ETC. tee on Invalid Pensions discharged, and referred to the Committee on Pensions. ~ > Under clause 1 of Rule XX.II, private bills of the following titles A bill (H. R. 7523) granting a pension to Calvin Gunn-Committee .· were delivered to the Clerk and referred as follows: on Invalid Pensions discharged, and referred to the Committee on Pen By Mr. ABBOTT (by request): A bill (H. R. 8206) for the relief of sions. Raby Alderson-to the Committee on Invalid Pensions. A. bill (H. R. 4819) granting increase of pension to Gottfried Gauss By Mr. BINGHAM: A bill (H. R. 8207) for the relief of the legal Committee on Invalid Pensions discharged, and referred to the Com representatives of Charles W. A.dams, deceased-to the Committee on mittee on Pensions. War Claims. A. bill (H. R 7073) to investigate into and remunerate Samuel S. By Mr. BRECKINRIDGE, of Kentucky: A. bill (H. R. 8208) for the Stevenson, a physician of the city of Detroit, county of Wayne and State relief of H. P. Montgomery and Patty W. Garnett, executor and ex of Michigan, for a certain discovery and cure for sporadic pneumonia and ecutrix of Gean Garnett, deceased-to the Committee on Claims. "la grippe" pneumonia-Committee on Invalid Pensions discharged, Also, a bill (H. R. 8209) for the relief of Thomas Kephart-to the and referred t-0 Committee on Claims. Committee on In valid Pensions. A bill (H. R. 4105) for the relief of Jesse H. Strickland-Committee By Mr. CULBERTSON, of Pennsylvania: A bill (H. R. 8210) grant on Invalid Pensions discharged, and referred to the Committee on Mil ing an increase of pension to Maria L. Caraher-to the Committee on itary A.ffairs. Invalid Pensions. Petition to accompany the bill (H. R. 6780) to refund license fees to By Mr. DARLINGTON: A bill (H. R. 8211) granting an increase of officers of steam-vessels-Committee on Merchant Marine and Fisheries pension to Mrs. Rebecca E. Simon-to the Committee on Pensions. discharged, and referred to the Committee on Commerce. By Mr. DIBBLE: A. bill (H. R. 8212) jlranting a pension to John Preacher-to the Committee on Pensions. By Mr. EVANS: A. bill (H. R. 8213) for the relief of .Tames R. Ed PETITIONS, ETC. wards, of Chattanooga, Tenn.-to the Committee on Military Affairs. By Mr. FLOOD: A bill (H. R. 8214) for the relief of Gamabil Ben Under clause 1 of Rule XX.II, the following petitions and papers jamin-to the Committee on Claims. were delivered t-0 the Clerk and referred as follows: Also, a bill (H. R. 8215) granting a pension to Elsie Dykeman, By Mr. ANDERSON, of Mississippi: Petition of William Foy, ad mother of James and Nathan Dykeman-to the Committee on Invalid ministrator of Fiester Foy, deceased, praying for reference of his claim Pensions. to the Court of Claims-to the Committee on War Claims. Also, a bill (H. R. 8216) granting a pension to John Mann-to the By Mr. BOOTH.MAN: Petition of ex-Union soldiers, in favor of a Committee on Invalid Pensions. service pension-to the Committee on Invalid Pensions. Also, a bill (H. R. 8217) granting a pension to Mary E. Smith, wic1ow By Mr. BULLOCK: Resolutions of town council of Waldo, Fla., of George W. Smith-to the Committee on Invalid Pensions. asking an appropriation for improvement of the entrance to Cumber By Mr. GEST: A. bill (H. R. 8218) to granta pension to MargaretE. land Sound-to the Committee on Rivers and Harbors. Hall-to the Committee on Invalid Pensions. Also, resolutions oft-Own council of G.ainesville, Fla., asking an ap By Mr. GROUT: A. bill (H. R. 8219) ~ranting a pension to Emeline propriation for improvement of the entrance to Cumberland Sound M. Butler-to the Committee on Invalid Pensions. to the Committee on Rivers and Harbors. Also, a bill (H. R. 8220) granting a pension to Marion M. Smith By Mr. BURTON: Petition of Alfred A.. Jerome, for an increase of to the Committee on Invalid Pensions. pension-to the Committee on Invalid Pensions. By Mr. HAYES: A bill (H. R. 8:t21) granting a pension to William By Afr. CANNON: Petition of William Hester, Theodore Reynolds, White-to the Committee on Invalid Pensions. and others, of Vermillion Grove, Vermillion County, Illinois, asking By Mr. HEARD: A bill (H. R. 8222) granting a pension to Sarah C. Congress to reject recommendations of the Senate Naval Committee Rutledge-to the Committee on Invalid Pensions. proposing large expenditures for the Navy and coast defenses-to the .By Mr. HOOKER: A. bill CH. R. 8223) for relief of A.. N. Kimball Committee on Naval Affairs. and sureties on his official bond as receiver of public moneys-to the Ily l\Ir. COGSWELL: Resolutions of the Vessel-Owners and Capt Committee on Claims. ains' National Association, for approp· iations for a deep harbor at Galves By Mr. KERH, of Iowa: A. bill (H. R. 8224) granting a pension to ton, Tex.-to the Committee on Rivers and Harbors. Charles' A. very-to the Committee on Invalid Pensions. By Mr. CONGER: Petition of Redfield Post, No. 26, Grand Army of By Mr. KERR, of Pennsylvania: A. bill (H. R. 8225) granting a pen the Republic, at Perry, Iowa, in favor of a service-pension bill-to the sion to Mary Jane Blair-to the Committee on Invalid Pensions. Committee on Invalid Pensions. By Mr. LA. WLER: A. bill (H. R. 8 :~26 ) granting a pension to James Also, petition of Samuel Irwin Post, No. 444! Grand Army of the Re H. Fleming-to the Committee on Invalid Pensions. public, at New Virginia, Iowa, in favor of a service-pension bill-to By Mr. McCOMA.S: A hill (H. R. 8227) granting a pension to A.nu the Committee on Invalid Pensions. Downey-to the Committee on Invalid Pensions. Also, petition of Dorr Post, No. 62, Grand Army of the Republic, at Also, a bill (fl. R. 8228) granting a pension to Eliza Wentz-to the Altoona, Iowa, in favor of a service-pension bill-to the Committee on Committee on Invalid Pensions. Invalid Pensions. By Mr. MOREY: A bill (H. R. 8229) granting a certificate of honor By Mr. DE LANO: Petition of J. D. O'Brian Post, No. 65, Grand able service to George W. Sollers-to the Committee on Military Af Army of the Republic, of Oswego, N. Y., praying for tbe passage of a fairs. service-pension act-to the Committee on Invalid Pensions. By Mr. MORRILL (by request): A. bill (H. R. 8230) to provide for By Mr. DORSEY : Petition of members of the Farmers' Alliance, of the payment of $5,000 to Mrs. Celia C. Short-to the Committe.e on the State of Nebraska, for the defeat of the Windom bill-to the Com Claims. mittee on Coinage, Weights, and Measures. By Mr. RUSSELL: A bill (H. R. 8231) granting a pension to Har Also, petition of H. A.. Ilayward, L. Oswald, and 14 others, citizens of riet P. Farnsworth-to the Committee on Invalid Pensions. the State of Nebraska, for the defeat of the Windom bill-to the Com By Mr. STONE, of Kentucky: A bill (H. R. 8232) for the relief of mittee on Coinage, Weights, and Measures. Robert N. Nation-to the Committee on Military Affairs. A.ls?, petition of Atlanta Post, No. 275, Grand Army of the Republic, . '. I ( 2266 CONGRESSIONAL RECORD-HOUSE. MARCH 15, of Platte Center, Nebr., in reference to increased pensions-to the Com FLOODS IN THE MISSISSIPPI RIVER. mittee on Invalid Pensions. Mr. BRECKINRIDGE, of Arkansas. M:r. Speaker, I offer the fol By Mr. DUNNELL: Petition of John Ludwig and 88 others, citi lowing resolution and ask unanimous consent for its immediate con zens of Minnesota, asking that a pension be granted to E. A. Goodfel sideration. low-to the Committee on Invalid Pensions. The Clerk read as follows: Also, petition asking that the Superintendent of Census be author Resolved by the House of Representatives, That the Secretary of 'Var be, and be ized to collect data relative to the electrical industry-to the Select is hereby, requested to inform the House if sufficient money and facilities are Committee on the Eleventh Census. at the command of the officials in charge to guard the levees and other works and the plant of the Government, so far as the same may be practicable, from By Mr. FARQUHAR: Petition of John S. Patric, for an extension of destruction or injury by the present flood in the M.ississippi River; and, if not, patent-to the Committee on Patents. to report to the House at the earliest possible moment what may be necessary. .By Mr. FITHIAN: ResolutionsofGilaLodge, No.1350, F. l\I. B. A., He is requested also to report if there is reason to apprehend unusual danger to human life, and what steamers can be used by the Department or by the l\lis Jasper County, Illinois, against the ship subsidy bill, and of same sissippi River Commission to rescue those in peril. lodge, against increasing circulation of national banks-to the Commit tee on Banking and Currency. There being no objection, the resolution was considered, and agreed to. By Mr. GEST: Petition and proof upon the pension claim of 1i{artha Il\IPROVIDI.ENT OF THE TENNESSEE RIVER. J. Wells-to the Committee on Invalid Pensions. Also, petition and proofopon the pension claim of Margaret E. Hall l\Ir. HOUK. Mr. Speaker, I ask unanimous consent to have a me to the C-0mmittee on In valid Pensions. morial from the Chamber of Commerce of Knoxville and a river im By Mr. GIFFORD: Memorial by the Legislature of South Dakota, provement convention, composed of defegates from the States of Ten· asking that an appropriation be made to aid in the selection of in nessee, Virginia, Alabama, Georgia, North Carolina, and Kentucky, demnity school lands in South Dakota-to the Committee on the Pub printed in the RECORD. The memorial is in behalf of the improve lic Lands. ment of the Tennessee River and its tributaries. There being no objection, the memorial was ordered to be printed By Mr. GROUT: Petition of M~rion M. Smith, of Reading, Vt., for a widow's pension-to the Committee on Invalid Pensions. in the RECORD, and referred to the Committee on Rivers and Harbors. Also, of Emeline M. Butler, for a widow's pension-to the Commit It is as follows: tee on Invalid Pensions. l\Iemorial to the Congress of the United States in behalf of the improvement By Mr. HAUGEN: Petition of citizens of Wisconsin, asking forthe of the Tennessee River and its tribntaries. To the Senate and House of Representatives of the passage of an appropriation bill to provide for the completion of the United States of America in Oonuress assembled: Sault Ste. Marie Canal and improvements of Hay Lake Channel-to the Your memoria.lists, the undersigned, representing large po!"tions of the States Committee on Rivers and Harbors. of Tennessee, Virginia, Alabama, Georgia, North Ca.rolinR, and Kentucky, by appointment of a general con,·ention held at Knoxville, Tenn., on January l!2, By Mr. HENDERSON, of Iowa: Resolutions of Buford Post, No. 300, l&l9, beg leave to submit to your consideration lhe following resolutions unani Grand Army of the Republic, at Ogden, Boone County, Iowa, urging mously passed by said convention: the passage of the service-pension bill-to the Committee on Invalid RESOLUTIONS OF THE RIVER CONVENTION. Pensions. ""Whereas the Tennessee River, with the tributaries, is third in size and na By Mr. MAISH: Petition of Ida F. Bossler. praying that her name tional importance, and drains an area nearly as Jarge as the New England States, of the richest undeveloped part of the globe, and has rf'ceived less in be placed on the pension-roll-to the Committee on Invalid Pensions. proportion to its claims than any other river now reco~n ized in the Government By Mr. MOREY: Petition of A. A. Fulton and others, of Xenia, plan for the improvement of the rivers and harbors; and the small amount Ohio, asking that the name of Mollie V. Johnson be placed on the pen asked c.'\n, therefore, and ought to be at once expended: "Therefore, we, the representatives of the people who reside in that por sion-roll-to the Committee on Invalid Pensions, tion of the United States drained by the Tennessee River and its tributaries, in Also, petition of Malinda Ellis, of Xenia, Ohio, for a pension-to the convention assembled at Knoxville this day, respectfully petition the American Committee on Invalid Pensions. Congress: ".l. That all navigable rivers be made national highways free from any toll. By Mr. MORRILL: Petition of old soldiers, of Ga.rnett, Kans., in "2. That all obstructions to the navigation of the Tennessee River and its favor of a service pension-to the Committee on Invalid Pensions. tributaries, as high a;i the same can be improved by slack-water navigation, be By Mr. O'NEILL, of Pennsylvania: PetitionofSamuelM. Thatcher, removed therefrom. '· 3. 'l'hat said river, with its tribularie!!, be improved so as to give us at least 4 for restoration to the pension-roll and increase of his pension-to the feet of water all the year round from its mouth to Chattanooga.; at least 3 feet Committee on Invalid Pensions. of water all the year round from Chattanooga to Knoxville, and by slack-water Also, ruemorial of the ex-letter-carriers of Philadelphia, asking that navigation to tlle headwaters of all its tributaries. '' 4. That no bridge be allowed to cross said river, or its tributaries, so as to in the civil-service law may be so amended as to give five years for applica· terfere with the free use of the same as herein before set forth. tion for reinstatement instead of one year, the present period-to the "5. Resolved, That a committee, consisting of eleven at large and one from Select Committee on Reform in the Civil Service. each county and city represented, be appointt>d to prepare and submit to Con gress, now in session, a memorial in our name. setling forth the claims of our By Mr. RUSSELL: •Petition of Harriett P. Farnsworth, asking for a river and its tributaries to their consideration, and petitioning as hereinbefore pension-to the Committee on Invalid Pensionc::. set forth. By Mr. SENEY: Petition of Frank Jones and others, citizens of Up ".Resolved, That our Representatives and Senators be requested to aid us and out memorialists to obtain what we ask. per Sandusky, Ohio, asking for a tax on cigars, and for protection by "Resolve of the Republic, of Sanford, and Colonel Goodrich Post, No. 117, Grand THE TE~ESSEE AND ITS TRIIlUTARl&'3. Army of the Republic, of Odebolt, all of Department of Iowa, urging The Tennessee River is, if not the longest, certainly next to the longest river the passage of the service-pension bill-to the Committee on Invalid in the United States east of the :.\lississippi. The Ohio with the Allegheny, its Pensions. longest tributary, is l,:l:>U miles in lenglh. The Tennessee with the Holston, its longest tributary, is over l,20J miles in length. The Tennessee and its tribu taries water large parts of Kent•1cky. Tennessee, Mississippi, Alabawa, Georgia, North C"rolina, and Virginia, and give to fully half a million of the people of these States their only means of re3ching a profitable market for their products. The principal tributaries of the Upper TennLssee are the Holston antl the HOUSE OF REPRESENTATIVES. Clinch, each of which is a.great river oritself and buth of which run far up into the State of Virginia. The other tributaries that cross the Tennessee line are SA.'l'URDAY, March 15, 1890. the Hiwassee, the Little Tennessee, the French Broad, the Big Pigeon, the Nola chucky, the Watauga, and the Powell, all of which have their rise in the North The House met at 12 o'clock m. Prayer by the Chaplain, Rev. W. Carolina. mountains, except the Powell1 which rises in Virginia. The Emory River, while wholly withm the State of Tennessee, is al~o a trHm MILBURN, H. D.D. tary well worthy of the attention of Congress. I~ cu~s far and deep into the The Journal of the proceedings of yesterday was read and approved. Coal Measures, and by means of ala.ck-waler nav1gat1on can be made to the Tennessee what the 1\Ionongahela is to the Ohio. GOVERNMENT OWNERSHIP OF PACIFIC RAILROAD SECURITIES. The Ulinch flows in a broad, deep current. within ten miles of the great Coal Creek mines, and the Powell passes within five miles of the immense iron and Mr. DALZELL. Mr. Speaker, by instruction of the Committee on coal deposits at Cumberland Gap. The Hiwa.