1894. CONGRESSIONAL RECORD-SENATE. 2829

SENATE. of December 21, 1893, a report from the Commissioner of Indian Affairs, containing copies of papers bearing upon the Sioux MONDAY, March 12, 1894. mixed-blood question; which, with the accompanying papers, was, on motion of Mr. KYLE, raferred to the Committee on In­ Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. dian Affairs, and ordered to be printed. The Journal of the proceedings of Friday last was read and ap­ proved. SENATOR FROM LOffiSIANA. MESSAGE FROM THE HOUSE. Mr. CAFFERY presented the credentials of Newton C. Blanch· A message from the House of Representatives, by Mr. T. 0. ard, appointed by the governor of Louisiana a Senator from that TOWLES, its Chief Clerk, announced that the House insisted State to fill, until the next meeting of the Legislature thereof, upon its amendment to the concurrent resolution of the Sen­ the vacancy caused by the resignation of Edward D. White in ate to print 6,000 copies of all papers and messages sent to Con­ the term ending March 3, 1897. gress by the President since January 1, 1893, relating to Ha­ The credentials were read, as follows: waiian affairs; agreed to the conference asked for by the Senate UNITED STATES OF AMERICA, State of Louisiana. on the disagreeing votes of the two Houses thereon, and had To Hon. ADLAI E. STEVENSON, appointed Mr. RICHARDSON of Tennessee, Mr. McKAIG, and President of the Senate of the Unitul States: Sm: This is to certify that on the 7th day of March, 18;!4, as governor of Mr. BRODERICK managers at the conference on the part of the this State, I appointed the Hon. Newton C. Blanchard Senator in the Con­ House. gress of the United States, to take etrect March 12, 1894, to fill the vacancy The messao-e also announced that the House had agreed tothe caused by the resignation of the Hon. Edward D. White, in the following words, to wit: · amendment ~f the Senate to the bill (H. R. 4571) to make service I, Murphy J. Foster. governor of the State of Louisiana., by virtue of the connections with water mains and sewera in the District of Co­ authority in me vested by law, and in behalf of the State of Louisiana, re­ lumbia, and for other purposes. posing confidence in the integrity and ability of the Hon. Newton C. Blanchard, do hereby appoint him representative in the Senate of the Con­ The message further announced that the House had passed gress or the United States, to fill the vacancy caused by the resignation of the following bill and joint resolution: · the Ron. Edward D. White, and do authorize and empower him to discharge A bill (S. 432) to provide an American register for the steamer · the duties thereof according to law. In witness whereof, I have hereunto af!lxed my signature and caused the El Callao; and seal of the State of Louisiana to be attached, at the city of Baton Rouge. this A joint resolution {S. R. 51} to provide for the printing of the 7th day of March, 189!, and o!the Independence of the United States the 117t.h. report of the joint committee of Congress and proceedings at the MURPHY J. FOSTER, Governor of Louisiana. centennial celebration of the laying of the corner stone of the By the governor: Capitol. [SEAL.) T. S. ADAM, Secretary of State. The messao-e also announced that the House had passed the following bWs; in which it requested the concurrence of the The PRESIDENT pro tempore. The credentials will ba placed Senate: on the files of the Senate. A bill {H. R. 684) for the relief of the heirs of the late" Mrs. Mr. CAFFERY. Mr. Blanbhard is present, and I ask that the Catherine P. Culver; oath be administered to him. A bill (H. R. 1133) to remove the charge of desertion st:tnding The PRESIDENT pro tempore. The appointee to-the Senate ao-ainst John W. Wacker; will please approach the Chair, in order to take the oath of o A bill (H. R. 3636}for the relief ofOliverP. Coshow and others; office. A bill (H. R. 5750) to improve the methods of accounting in Mr. Blanchard was escorted to the Vice-President's desk by the Treasury DepJ.rtment, and for other purposes; and Mr. CAFFERY, and the oath prescribed by law having been ad­ A bill (H. R. 5178) tosupply a deficiency in the grant of public ministered to him, he took his seat in the Senate. lands to the State of Mississippi for the use of the State Uni­ Mr. MANDERSON. The oath having been administered to versity. the Senator from Louisiana, I think it well to call the attention ENROLLED BILLS SIGNED. of the Senate to· the peculiar language of the credentials that have been filed. I submit to both Senators from Louisiana the The message further announced that the Speaker of the House propriety of supplementing the credentials by those that would had signed the following enrolled bills and joint resolution; and be in different and better form. The language is that Mr. they were thereupon signed by the President p1·o tempore: BLANCHARD is appointed a representative in the Senate of the A bill (S. 1217) to continue in force an act approved March 2, Unit-ed States-certainly a very novel departure from the usual 1885, and entitled "An act to protect the fish in the Pot-omac form, and I think a precedent that hardly ought to be permitted. River in the District of Columbia, a.nd to provide a spawning The office provided for by the Constitution of the United Sts.tes ground for shad and herring in the said Potomac River;" is Senator of the. United States, not a representative in the A bill (S.1460) to amend an act entitled "An act to estab­ Senate. lish the Smithsonian Institution for the increase and diffusion Mr. DOLPH. I observe in the credentials that, besides the of knowledge among men, being Title LXXIII of the Revised appointment, the governor authorizes the appointee to perform Statutes; certain duties. I suppose when the appointment is made that A bill (H. R. 9) to transfer the Morris Island life-saving station follows; that the law authorizes the performance of those duties. near Charlest-on, S.C., to Sullivans Island; A bill (H. R. 5258) granting a pension to Hannah Lyons; COMMITTEE SERVICE. A bill (H. R. 5485) to amend "An act authorizing the construc­ Mr. BERRY was, on his own motion, excused from fui·ther tion of a bridge across the East River between the city of New, service upon the Committee on Claims. York and Long Island," approved March 3, 1887; Mr. SMITH wa,s, on his own motion, excused from further A bill {H. R. 5646} making appropriations to supply further service upon the Committee on Indian Affairs. urgent deficiencies in the appropriations for the fiscal year end­ Mr. PASCO was, on his own motion, excused from further ing June 30, 1894: and for prior years, and for otl\er purposes; service upon the Committee on Public Buildings and Grounds. and Mr. FAULKNER. I was requested by my collea~rue [Mr. A joint resolution (S. R. 53) providing for the appointment of CAMDEN] to ask the Senate to relieve him from further service a commissioner to the Antwerp International Exposition. upon the Committee on Railroads. EXECUTIVE COMMUNICATIONS. ThePRESIDENTprotempore. The junior Sena-tor from West Virginia, through his colleague, asks to be relieved from fur­ The PRESIDENT pro tempore laid before the Senate a com­ ther service upon the Committee on Railroads. Is there objec­ munication from the SAcr-etary of the Treasury, transmitting, tion? The Chair hears none, and the junior Senator from West in response to a resolution of the 1st instant, a statement show­ Virginia is relieved from fu!·ther service on that commiteee. ing the amount of bounty on sugar paid during the fiscal years PETITIONS AND MEMORIALS. 18~2, 1893, and during the current fisQal year to March 1, 1894, and the names of members of firms and corporations who have The PRESIDENT pro tempore presented petitions of Ten­ received bounty on cane, beet, and sorghum sugar; which, with nessee Council, No. 95, Royal Arcanum, of Memphis, Tenn.; of the accompanying papers, was referred to the Committee on sundry citizens of Memphis, Tenn.; of Johnson Lodge, No. 21, Finance, and ordered to be printed. Ancient Order of United Workmen, of Memphis, Tenn.; of A.

He also laid before the Senate a communication f1·om the Sec­ F. Davis1 Past Grand Master of Tennessee, and Supreme Repre­ retary of the Treasury, transmitting, in response to a resolu­ sentative of Supreme Lodge, on behalf of 350,000members of the tion of the 5th instant, a statement relative to the Chickasaw Ancient Order of United Workmen and over 500 members of trust funds; which, on .motion of Mr-. PLATT, was referred to that organization in the city of Memphis, Tenn., praying that the Committee on Indian Affairs, and ordered to be printed. fraternal society and college journals be admitted to the mails He also laid before the Senate a communicatio)l from the Sec­ as second-class matter; which were referred to the Committee · l 'e t.ary of ~he Interior, transmitting: in response to a resolution on Post-Offices and Post-Roads. 2830 CONGRESSIONAL RECORD-SENATE. MARCH 12,

Mr. BUTLER presented the petition of Alexander R. O'Don-1 the Constitution of the United States be so amended as to rec· nell, president of Charleston (S.C.) Branch, No~ 454, National ognize the Deity; which were referred to the Committee on tha Association of Letter Cat>riers .of th~ United States, praying for I Judiciary. the passage of HoUBe bill No. 5294, to regulate the mode of re- He also presented petitions of Protected Home Circle, No. 59, moval of letter carriers; whieh was referred to the Committee of Pittsburg; of Tent No. 2, Knights of the Maceabees, of Erie; on Post-Offices and Post-Roads. of C. H. Nick and 87 other citizens of Erie; of John Forbes, jr., Mr. DAVIS presented a petition of Northwest Branch, No.10, and 67 other citizens of Pittsburg; of A. M. Carlin and 73 other Lithographers' InternationalPt"'Dtective and Insurance Associa- citizens of Braldock; of J. C. Stewart and 100 other citizens of tion of the United States and C3.nada, of St. Paul, Minn., pray- Pittsburg·, and of Edgar Thomson Council, No. 412, Royal Ar­ ing that the duty on lithographic plates be increased from 25 canum, of Braddock, all in the State of Pennsylvania, praying per cent to 50 per cent ad va.loeem, and that the methed .of col- that fraternal -college and society journals be admitted to the lecting the duty be changed from ad valorem to specific; which mails as second-class matter; which were referred to the Com- was referred to the Committ-ee on Finance. mittee on Post-Offices and Post-Roads. He also presented the pe-tition of H. T. Strebe and 180 other :M:r. GALLINGER presented the petition of Charles Sloan and citizens of St. P aul, Minn., praying that fraternal c llege and 74 other citizens of Dover, N. H., praying that fraternal society society journals be admitted to the mails as second-class mat- and colle,c:re jour~s b e admitted to the mails as second"classmat­ tel~; which was relerred to the Committee on Post-Offices and ter; which was referred to the Committee on Post-Offices and Post-Roads. Po3t-Roads. Mr. VILAS presented the petition of Paul Peterson and sun- Mr. WILSON p resented memorials of D. Rust, physician, and dry othm~ citizens of Menomonie, Wis., praying that fraternal L. A. Morley, druggist, of Whiting, Iowa, and of it:i citizens of society and journals be admitted to the mails as second-class Victor, Iowa, remonstrating ag:Unst an increase of the tax on matter; which was re1erred to the Committee on Post-Offices and distilled spirits; which were referred to the Committee on Fi- Post-Roads. nance. He also presented a memorial of sundry employes of the Fuller Mr. HOAR presented a petition of sundry citizens <>f the & Johnson M::tnufacturing Company, or Madison, Wis., reman- State of Massachusetts, praying for the enactment of legislation strating against the p _tSsage of the clause o.f the Wilson tariff suppressing the lottery traffic; which_was referred to the Com­ bill reh,ting to agricultural implement"; which was referred to mittee on the Judiciary. the Committee on Finance. He also presented a petition-of Al1'3ton Lodge, No. 151, An- He also p11esented memorials of sundry citizens of Green Bay, cient Ord-er of UnLted "'Workmen, of Bosto~ Mass., praying that Waukesha, L:t Crosse, Kenosha, and Milwaukee, all in tne State fraternal society and college journals be admitted to the mails of Wisconsin, remonstrating against an increasE' of the tax on as seeond-class matter; which was referred to the Committee on distilled -spirits; which we_re referred to the Committee on Fi- Post--offices and Post-Roads. nance. Mr.ALLEN presented petitions of Prof. William E. Jillson Mr. PERKINS prasented -p 3titions of sundry .citizens of Sac- and sundry other citizens o1 Crete~ .of Hall of Clearwater Lodge, ramerrto, College Park, San Francisco, Mills College, and No.187, Ancient Order of United Workmen, .of Clearwater. and ' Geo:·getown, all in the State of California, -praying that.fr.a.ter- of Lodge No. -35, Ancient Order United Workmen, o! Gibbon, nal •college and society journals be admitted to the mails as all in the State of Nebraska, praying that fraternal society and second-class matter: which were referred to the Committee on college journals be admitted to the mails as second-class mat­ Post-Office and Post-Roads. ter; which were referred to the Committee on Post-Offices and He also presen.ted a petition .of sundry citizens of Berkeley, Post-Roads. · Cal., pt·aying that the preamble to theConstitution-oithe United Mr. CULLOM presented petitions of Columbia Camp, No.

States be so amended as -to :reeognize !the :Deity; which was re- 1836, Mod. ern Wo.odmen of America., of Benson1 Ill., and of sun· WI ed to the Committee on the Judic-iary. dry citizens of Illinois, praying that fraternal society and col- Mr. M .JMLLLAN presented petitions of Edwa-rd F. Folsom lege journals be admitted to the mails as second-class matter; and 146 o.the.r citizens of "11ount Clemens; of George W. Peck which were referred to the Committee on Post-OfficesandPost­ and ~other citizens of Manistique; of F. C. Gun and 2-1 {)ther Roads. citizens of L::tkeville; of .J. W. Ha-wkins and :98 other citizens oi Mr. HAWLEY presented the memorial of H. A. Lehnemann Dotroit.: of John A. Weckerly and 2-! other citizens of Flint; of and 79 other members of Cigar Maker's U:pion, No. 42, of Hart­ .. Howard Howes and 85 other citizens of Davison· of William S. ford Conn., and a memorial of 23 other trades unions of Hart­ Irish and z8,other citizens of Ptewamo; of Alphonse Moreau and ford Conn., remonstrating against an increase of the internal- 59 other citizens of Pequamig~ of Frederick E. Finster and 68 revenue tax on cigars; which were referred to the Committee on other citizens of Por.t Huron; of Olin Peng-ra ~d 4:~ other citi- Finance4 zens of Sewewaing; of Richard Davenport and 32 other citize-ns He also pr-esented the petition -Of Clinton E. Wetherell a:ud 12 of Six Lakes; oi Charles Simm'Ons ana 1~ other citizens of other citizens of Newington, Conn., praying that fraternal so­ Gain-es; of Tent No. 563, Knights o1 the Maccabees, oi Lakeville; ciety and college journals bs admitted to the mails as second­

of Lodge No. 1601 Ancient Ol'der of United Workmen!of Ma-nis- class matter; which was referred to the Committee on Post­ tiqne; of T-ent No. 163, Knights or the Maccabees, of M-ount Offices and Post-Roads. Clemens; of Gen. Custer Council, No. 517, National Union, of He also presented petitions ofJohn W.Rockwell and 133other Detroit· of Tent No. 32, Knights of the Maccabee;:j, of Davison; citizens of Ridgefield, and of Grange No. 35, Patrons of Hus­ of Tent No. 532, Knights .of tha Maccabees, of Pewamo; of Coun- b::tndry, of North Have-n, all in the State of Connecticut, praying cil No. 29, Royal Arcanum, of St. Louis; of Tent No. 820, fo r the enactment of legislation to enable the States to enforce Knights of the Maccabees, of Puhski, and of Ayres Tent, No. St:1te laws regulating the sale of substitutes for dairy products; 23 .i, Knights of the Maccabees, of Six Lakes, all in the State <>f which were referred to the Committee on Interstate Commerce. Michigan. pr ying that fraternal college and society journals be Mr. STOCKBRIDGE pt~esented a petition of Electrical Work­ admitted to the mails .as second-class matter~ which were re- ers' Union :No. 17, -of Detroit, Mich., praying for the Govern­ ferl'ed to the Committee on Post-Offices and Post-Roads. mental control of the telegraph service; which was referred to Mr. QUAY presented a petition of Assemblv No. 9783, Knights the Committee on Post-Offices and Post-Roads. of L:~.bor, of A rnot, Pa., praying for the passage of the so-called He also pre sented a petiti<>n of Sisson Tent, No. 252, Knights Bland seigniorage bill; which w s ordered to lie on the table. of the Maccabees, of Lilley, and petitions of sundry citizens of H_e -also presented a petition -Of tbe Pennsylvania State Dairy- Allegan, Bronson, Otsego, and Lansing, all in the State of Mich­ men's Association, praying for a continuance of the appropria- igan, praying that fraternal society and college jour-nals be ad­ tions for a _g-rioulturdl experiment stations throughout the co.un- mitted to the mails as second-class matter; which were referred try; which was referred to the Committee on Appropriations. to the Committee on Post-Offices and Post-R-aads. He also presented a petition of sundry members of the faculty Mr. COKE presented a petition of Typographical Union No. of the University of Pennsylvania, Philadelphia, Pa., praying 138, of Austin, Tex., praying for th-e Governmental control of for the enactment of legislation suppressing the lottery traffic; the telegraph service; which was referred to the Committee on wbich :was referred to t.he Committee on the Judiciary. Post-Offices and Post-Roads. He also presented a memorial of Encampment No. 1., Union Mr. FRYE presentad -the pet~tion of William M. White and Veteran Legion, of Pittsburg., Pa., remonstrating against any 14 other citizens of Oxford County, Me., praying for the enact­ change in the law governing the Natio:rr1l Homes for Disabled .ment of legislation to en ble the St3.tes to -enforce State laws Volunteer Soldiers; which was referred to the Committee on regulating the sale of subst-itutes for dairy prodllCt~ which was Milit3.ry Affairs. referred to the Committee on Interstate Commerce. He also :presented petLtions of Rev. J. I. L. Resler and 639 Mr. MILLS presented memorials of .sundry citizens of San An- other-citizensrO.f Altoona, Pa., and of M. E. Kessler and 15other tonio, Efuerman, and Bridgeport, all in the State -<>f Texas., re­ citioons oJ Port Providenee, P.a.J pr~ying that the pr-eamble to monstrating against -the imposition .oi au income -tax, and also .·

1894. OONGRESSIONAL RECORD-SENATE. 2831 aO'ainst an increase of the tax on diBtilled spirits; which were The PRESIDENT pro te?npore. What suggestion has the Sen­ referred to the Committee on Finance. ator from Oregon to make in reference to the paper':' Mr. PLATT presented the petitionof H. A. Newtonandother Mr. DOLPH. I ask that it be referred to the Committee on members of the faculty of Yale University, New Haven, Conn., Public Lands. praying for the enactment of legislation suppressing the lottery The PRESIDENT pro temp01·e. It will be so referred. traffic; which was referred to the Committee on the Judiciary. Mr. COCKRELL. In connection with the letter presented by He also presented petitions of sundry citizens of North Haven, the Senator from Oregon I feel that it is a matter of justice and Conn., and of sundry citizens of the State of -Connecticut, pray­ right to the good people not only of Missouri, but of the whole ing for the enactment of legislation to enable the States to en­ United States, that I should also present some specimen letters. force State laws regulating the sale of substitutesfordairyprod­ I hold in my hand a circular letter sent out by Mr. Harvey ucts~ which were referred to the Committee on Interstate Com­ Spalding, and I ask to have it inserted in the RECORD in con­ merce. nection with the letter read by the Senator from Oregon. I COLLECTIONS ON ALLEGED CLAIMS. will read the letter. It is as follows: Mr. DOLPH. I have received a communication from a con­ Postmasters' readjusted salary claim No. 11347!. Amount, $00. stituent of mine, Mr. Cha-rles L. Glenn, inclosing a letter re­ Sm: The amount of unpaid sa.la.ry iu this case is l'ecorded in the Post­ Office Department. A clerk, who has heretofore exercis~d great power, has ceived from Harvey Spalding & Sons, of this city. I think about prevented payment by holding fast in his hands the r ecord. so tha~ the evi­ a year ago I presented to the Senate a similar letter and called dence of the debt necessary to payment could neither be presented to Con­ gress or the court. This has made great extra. costs necessary to enforce the attention of the Senate and of the country to it. I a.sk that payment. Half of the amount necessary (in addition to my own means) the letter be read. has already been:furnL"!hed. ll the other haU be promptly advanced on the The PRESIDENT pm tempore. If there be no objection, the fees I can soon finish the whole business successfully and collect all the Secretary will read the letter. claims in my hands. Such collections must be made through the Court of Claims. The advance sum asked of you is n. very small contribution , The Secretary read as follows: towards the costs and will be credited on the fee. Kindly send me 1$2 with· . out further request. WASHINGTON, D. C., Feb1•uary 7, 1894. Very respecttully, DEAR Sm: By reason of the forfeiture of the Northern Pacific grant from HARVEY SP A.LDING. Wallula. to Portland you are entitled to a repayment of $1.25 per acre of the W A.SHINGTON, D. C., A.ugu1t 21, 1893. $2.f:O per acre paid by you on your preemption or commuted homestead en­ try within thn.t grant. Under the provisions of the act of June 16, 1880,. you I have here a similar letter, headed "Diabolical attempt to have a complete legal right to the return of this money, which we can en­ cheat the postmasters," in which he kindly asks for $4: from an­ force for you by suit in the Court of Claims if you will send us power of at­ torney authorizing us to bring the suit. Previous attempts of other attor­ other postmaster; and I have still another letter from a widow neys to make tbese collections have failed because they have been confined in which he asks for $5. I am not sure but that I have a letter to the Commissioner of the Land Office a.nd the Secretary of the Interior, who, acting upon the regular Department policy of paying out as little as to another postmaster, which I can not at this moment lay my possible have refused to make the repayments although directed so to do by hands upon, in which he asks for $5. So it ranges all the way up law. But the Court of Claims is an express~y different kind of tribunal1 in­ from $2 to $5, addressed to thousands of postmasters throughout stituted by Congress for the purpose of passmg upon acts and constructiOns o.f the Departments where private rights are concerned, and we h ave no the country, when the whole matter has been finally and ever­ doubt whatever that the money can be collected by suit in that court. Our lastingly adjusted and decided by the Senate in three different fee will be 25 par cent or the amount recovered, and we Will pay all the ex­ reports and by the Supreme Court of the United States . . penses leaving you 75per cent net. Kindly send us power ot: attorney, leav­ The PRESIDENT Does the Senator from Mis· ina out the description of the land if you do not have it at hand, and we will pro tempore. put vour claim in course of collection. We already have most or the claims souri desire that each of tlie letters he has referred to shall go in hand, but have been delayed in finding your correct address. into the RECORD? . Very respectfUlly, I ·, HARVEY SPALDING & SONS. Mr. COCKRELL. want to have them referred to the Com­ CHARLES L. GL"ENN, Esq. mittee on Post-Offices and Post-Roads. Here is another one which I happen upon now, in which h e asks for $3. He varies M1·. DOLPH. Mr. President, I take this opportunity, know­ the amounts in the different letters. Here is another one for $4.. ing of no other, to attempt to warn my constituents and the con­ In this letter I do not see exactly the amount he asks for, but stituents of other Senators against the grossest fraud of the kind he says there are 20,000 victims; that is, 20,000 claimants to whom I think I ever knew. As I said, about a year ago I called the he is sending these requests for two, three, four, and five dol­ attention of the Senate to a similar letter sent to one of my con­ lars. Here is one in which he asks a fee of 25 cents to be advanced. ~ stituents. I ask that these letters may be referred to the Committee on In the first place, there is no person who has paid the double Post-Offices and Post-Roads, that the committee may give some minimum rate for land within the limits of forfeited land grants consideration to the matter and put a stop to it. • who has any legal olaim against the Government on account of 'f'he PRESIDENT pro tempore. Does the Senator desire that it under the statutes of the United States; andthat statement is all the letters he has referred to shall go into the RECORD? w~. - Mr. COCKRELL. They are all substantially the same. . One In the next place, the Secretary of the Interior has no power will oo· sufficient as a sample. to refund the dollar and a qu':l.rter an acre of overpay~ent; and The PRESIDENT pl'O tempo1·e. If there be no objection, the that statement is false. various communications will be referred to the Committee on In the third place, no one has ever brought any suit in the Post-Offices and Post-Roads. Court of Claims to recover the dollar and a quarter an acre overpaid for a preemption or homest~ad cla~ , a~d no suit cou_ld HOUSE BILLS REFERRED. be sustained, and no lawyer would thmk of bnngmg such a smt. The following bills were severally read twice by their titles, At the last session of the last Congress I reported from the and referred as indicated below: to Committee on Public Lands a bill refund to preemption and The bill (H. R. 684) for the relief of the heirs of tlie late Mrs. homestead entrymen a dollar and a quarter an acre for land Catherine P. Culver-to the Committee on Claims. where they had paid $2.50 an acre for forfeited railroad lands. The bill (H. R. 1133) to remove the charge of desertion stand­ The bill was called up in the Senate and it was passed by a bare ing against John W. Wacker-to the Committee on Military majority, every Senator on the other side of the Chamber vot­ Affairs. ing against. it, and it failed in the other House. At the present The bill (H. R. 5750) to improve the methods of accoUllting in session a similar bill has been reported from the com:mi ttee and the Treasury Department, and for other purposes-to the Com­ is now on the Calendar, but a very large number of Senators mittee on Organization, .Ponduct, and Expenditures of the Ex­ on the other side of this Chamber do not believe that there is ecutive Departments. equity in the proposition, not to say anything ab_out a legal ob­ The following bills w.ere severally read twice by their titles, ligation on the part of the Government to pay th1s money. and referred to the Committee on Public Lands: This is an attempt by a firm of lawyers in this city to get con­ A bill (H. R. 3636) for the relief of Oliver P. Coshow and others; trol of these claims, so that if Congress finally passes an act to refund a dollar and a quarter an acre they can obtain 25 per cent and of the amount refunded from every man who receives there­ A bill (H. R. 5778) to supply a deficiency in the grant of public fund. It is a gt•oss fraud and a swindle. . There is probably a lands to the State of Mississippi, for the use of the State Uni­ law applicable to the District of Columbia to punish these law­ versity. yers, because ii they should obtain any money on such a letter BILLS INTRODUCED. it would be obtaining money under false pretenses. If there is Mr. COKE introduced a bill (8. 1755) to authorize condemna­ no law to punish such crimes, there should be a law enacted. I tion of land for railroad purposes in the Indian Territory; 1vhich hope th ~ prosecuting. attorney of this District will give atten­ was read twice by its title, and, with the accompanying paper, tion to the matter and ascertain who these men are, and see that referred to the Committee on Indian Affairs. they are punished for their attempt to swindle the people of Mr. BUTLER (for Mr. McPHERSON) introduced a bill (S.l'i56) Oregon and of other States. to amend the Articles for the Government of the Navy; whioh 2832 CONGRESSIONAL RECORD-SENATE. MARon 12,

was read twice by its title, and referred to the Committee on by lumps, so there is not now more tnan 23! feet at low water; and in my judgment it would be to the interest of the commerce of Norfolk, and par­ Naval Affairs. ticularly to the interest of the United States Government, that these lumps Mr. QUAY introduced a bill (S.1757) to provide for the sale should be removed, and the channel dredged to the depth of 28 or 30 feet at of the old custom-house building in the city of Erie, Pa.; which low water, so that the large ships now in existence and under course of con­ struction can come up to the navy-yard at any stage of the tide. was read twice by its title, and, with the accompanying paper, Very respectfully, referred to the Committee on Public Buildings and Grounds. 0. E. EDWARDS, Mr. DOLPH introduced a bill (S.l758) for the relief of the Pre8ident Virginia Pilots' .Association. sufferers by the capture and destruction of t-he Hawaiian whal­ This is a matter of so much importance that I feel justified in ing vessel Harvest; which wa-s read twice by its title, and re­ thus calling the attention of the Senate to the subject prior to ferred to the Committee on Foreign Relations. the action of the Committee on Commerce upon the bill. When Mr. DOLPH. I received with the bill a petition setting forth the cruiser New York was recently ordered for repairs to the all the facts relating to this vessel, but it is signed by citizens Norfolk navy-yard it was discovered that she could not get there or subjects of Hawaii and under the rt;les of the Senate I can on account of the lack of depth in the channel. The cruiser not present it. I will, however, if it is not ag-ainst the rules, ask Texas, which is now approaching completion in the navy-yard, it that the petition go to the Committee on Foreign Relations to was also discovered, would not go to sea unless tugged through be considered in connection with the bill. the narrow and shallow channel with liability to strike a snag or The PRESIDENT pro tempore. As the Chair understands the to being dragged through the mud, in which event she might rules, the Senate can take no order in respect to such a petition. have to go back to the yard for repairs before ever going to sea. The Senator of course can make any use of it he pleases, but the I also wish to submit estimates made under the direction of Senate cJ.n take no order in respect to it. the Chamber of Commerce of Norfolk as to the cost of this Mr. DOLPH introduced a bill (S.1759) to amend an act en­ channel. titled" An act to authorize the Oregon and Washington Bridge Cost of deep 28-foot channelf?·om Hampton Roads to United Stat8s navy-yard, Company to con'3truct and maintain a bridge across the Colum­ Norfolk, Va. bia River, between the State of Oregon and the State of Wash­ ington, and to establish it as a post-road; " which was read twice Length by its title, and referred to the Committee on Commerce. ot bar 300-foot 400-foot 500-toot less than channel. channel. channel. Mr. MARTIN (by request) introduced a bill (S.1761) to pro­ 28 feet. vide for the sale of lands among the several Indian tribes in the • Quapaw Agency, for the creation of the county of Cayuga, and Feet. YardI. Yards. Yard&. for other purposes; which was read twice by its title, and re­ Sewa.lls Point Bar ••••.. ------.----... . 16,800 747,000 996,000 1,245,000 ferred to the Committee on Indian Affairs. Lamberts Point, Fort Norfolk Bar.. . 7,200 320,000 427,000 534,000 Mr. PEFFER. I introduce a bill and ask that it be read by Mouth of Southam Branch .••••...... 1,800 80,000 107,000 134c,OOO title. Igivenoticethat I shallavailmyself of the first favorable TotaL ...... •.•.••...•••.....•.••.•••••.. 1,147,000 1,530,000 1,913,000 and appropriate opportunity to offer it as a substitute for the Cost at 20 cents per yard, including House tariff bill when it is reported. contingencies .....••...•..•...... •••.••••.• 1229,000 1306,000 ~.ooo The bill (S.1762) to amend the customs laws and to provide ad­ ditional revenue for the support of Government, and for other purposes, was read the first time by its title. Ohannel15o feet wide ana 28 feet deep. The PRESIDENT pro tempore. Does the Senator from Kan­ sas desire to have the bill re·:td the second time? Feet. Yards. At- Cost. Mr. PEFFER. I desire to have it read the second time by title and then print.ed. Let it lie on the table. I propose to offer Cts. it as a substitute for the House tariff bill. Sewalls Point Bar------­ 16, 800 373, 500 20 $74,7()() The bill was read the second time by title, and ordered to lie La.mberts Point and Fort Norfolk --·---- 7,200 160,000 20 32, 000 Mouth of Southern Branch .••.••.••.•. ___ _ 1,800 40,000 20 8, 000 on the table. ------IMPROVEMENT OF NORFOLK HARBOR. Total ______..••.. ____ ••...•.. --·- ___ _ 25,800 573,500 ------114,7()() Mr. DANIEL introduced a bill (8.1760) to providefordeepen­ inO' the channel from Hampton Roads to the navy-yard, near I shall not now deta,in the Senate further, but I believe there N;riolk, Va., and making an appropriation therefor; which was will be found in this collocation of simple facts justification of read twice by its title. this bill, whatever may be the policy of Congress as to enterinkg Mr. DANIEL. I desire to submit a few remarks in introduc­ upon new expenditures at this time. The value of the Norfol ing the bill, whi9h is one of so much impo-rtance to the Navy and navy-yard is seriously impaired by the insufficiency of the chan­ to the commerce of the country. nel for the great ships which are now being constructed. It is Let me first call attention toaletter from Rear Admiral George of the utmost consequence to the Navy of the United States that Brown, commandant of the Norfolk navy-yard, which reads as it should be speedily put in condition for use. At some future follows: and more seasonable time I may take occasion to amplify this UNITED STATES NAVY-YARD, subject, if need be. But I believe the statement of the case in Borfolli;, Va., January 24, 18..Q4, t d I h 11 ill · th "t I th DEARSrn:Iammrece1ptofyourletterofthe22dinsta.nt,askmgmyvlews !tsargumen; an. ope a w recognize enecessi yo e of the desirability of the channel and harbor of .Norfolk being improved by I Improvement desired. . . . securing such a. depth of water 1n them as will be required to enable our l The PRESIDENT pro tempore. The bill Will be referred, With naval ships to reach this yard under all co?-ditions of tide. I woul~ say that the accompanying papers, to the Committee on Commerce. "desirability" does not fully express the Importance of the questiOn. , We have at present under construction the New York, Massachusetts, Iu- AMENDMENTS TO APPROPRIATION BILLS. diana, Oregon, Iowa, Brooklyn, Columb.ia, ~d :Minneapolis, all of which, . • when completed and equipued for serVIc~, will draw so much water as to Mr. BUTLER subiDitted an amendment mtended to be pro- make it impracticable tor them. to enter thlB ha.rbor and reach this yard. To posed by him to the consular and diplomatic appropriation bill• the mind of the na.v:.>.l oiD.cer this fact 1s a most serious one, for, in the event . d b · d d · h h · ' of an¥ of the above-named vessels reaching Hampton Roads and requiring which was ordere to e printe , an , w1t t e accompanying repaii-s or docking, they could not enter the harbor without being lightened papers, referred to the Committee on Foreign Relations. and towed by several powerf~l tugs and dragged over the ma.nysh

• 1894. CONGRESSIONAL RECORD-SENATE. 2833

The amendment was read and ordered to lie on the table and to the Senator from Kansas and the' Senator from Pennsylvania to be printed, as follows: that as the resolution crea tes a charge· on the contingent fund of the Senate, in the.opinion of the present occupant of the chair Amendment intended to be proposed by Mr. GALLINGER to the bill (H. R. 4864) to reduce taxation, to provide revenue for the Government, and for it can not be considered by the Senate for any purpose until it other purposes. has been r 0ferred to the Committee to Audit and Control the SEO. -. That this act shall become operative, so far p.s it concerns importa­ tions from the Dominion of Canada, only by a proclamation of the Pl·esiden t Contingent Expenses of the Senate. of the United States. The said proclamation shall be issued under the fol­ Mr. HOAR (to Mr. PEFFER). Modify the r esolution now. lowing conditions: Mr. GORMAN. I do not underst:md the Chair to rule that When it is duly certified to the President of the United States that the Governmentt of the Dominion of Canada has declared a desire to enter into no other motion is in order under the rule except to refer the such commercial arrangements with the United States as will result in a resolution to the Committee to Audit and Control the Contin­ material reduction of the duties now existing against the admission into gent E xpenses of the Senate. Canada of the products and manufactures of the United States. he shall ap­ The PRESIDENT In the opinion of the Chair, point three commissioners, to meet those who may be designated to repre­ pro tempore. sent the government of Canada, to consider the most desirable manner in the Senat 3 can notconsider the resolution for any purpose what­ which to accomplish a larger exchange of the products and manufactures of ever. 'l'he law r equires the reference of such resolutions to the the two countries. It the result of the-deliberations ot the joint commission shall be an agreement and a report, satisfactory to the Secretary of the Committee on Contingent Expenses. Treasury, that by a material reduction of the duties. or by the putting upon Mr. HOAR. I rise to a parliamentary inquiry. the free list of the Canadian tariff a list of manufactures and products of the The PRESIDENT pro tempo;e. The Senator from Massachu­ United States which, in his opinion, will afford an equal advantage to the United States as the operation of this bill will afford to Canada, and the setts will state his parliamentary inquiry. Secretary of the Treasury shall so report to the President, the President, on Mr. HOAR. H as not the Senator from Kansas the right to being notified by the Canadian government that these recommendations modify his resolution by striking out so much of it as provides will be presented to the parliament of Canada. for enactment, shall then issue his p1·oclamation making this act operative as regards the Dominion for the incurring of e xpenses, so that the Senate can adopt the of Canada immediately upon the enactment into law by the Canadian par­ r esolution without its being referred to the committee? The liament of the recommendations of said joint commission. expense can be provided for separately. It shall be the further duty of thecommissionersrepresentingthiscountry to ascertain upon what terms entire freedom of commercial intercourse be· The PRESIDENT pro tempore. The Senator from Kansas has tween the United States and the Dominion of Canada can be secured, and a right to modify·his resolution. He can put it in any form he said commissioners shall report to the President, who shall lay said report chooses. before Congress. Mr. PEFFER. I have risen for that purpose, Mr. President. MESSAGE FROM THE HOUSE. The PRESIDENT p?'O tempore. The Senator from Kansas is A message from the House of Representatives, by Mr. T. 0. recog nized. TOWLES, its Chief Clerk, announced that the House had passed Mr. PEFFER. I desire to modify the resolution so as to elim­ the bill (H. R. 5481) making appropriations to provide for the inate from it all matter relating to expenses or t he incurring of expenses of the government of the District of Columbia for the expenses by the action of t.he committee, so that the Committee fiscal year ending June 30,1895, and for other purposes; in which to Audit and Control the Contingent Expenses of the Senate it requested the concurrence of·the Senate. will have nothing to do with it, at least not now. Mr. QUAY.· Then I move to lay the resolution so modified on ENROLLED BILL SIGNED. the hble. The message also announced that the Spea.ker of the House The PRESIDENT pro tempore. The Senator from Pennsyl­ had signed the enrolled bill (H. R. 4571) to make service coimec­ vania moves that the r esolution so modifi ed be laid on the tions with water mains and sewers in the District of Columbia, table. The Secretary will report the resolution as modified. and for other purposes; and it was thereupon signed by the Mr. PE!.i'FER. What I wish to do is to strike from the reso­ President p1·o tempore. lution all ma.tterwhich requires the expenditure of money, leav­ ing the powers of the committee and its duties otherwise intact,

ALLEGED TRANSACTIONS IN SUGAR STOCK. and if I mav be heard for a few moments I should like to submit I • The PRESIDENT pro tempore. The Chair laya before the a remark or two. Senate a resolution submitted by the Senato:r from Kansas [Mr. Mr. QUAY. My motion is not debatable. PEFFER], coming over from a former day. · The PRESIDENT pro tempon. The resolution will be modi­ Mr. QUAY. After the resolution has been read, I propose to fied and reported as modified before it can be further considered. move to lay it on the table. · Mr. QUAY. I understand the motion is not deba.table. The PRESIDENT pro tempore. The resolution will be read. Mr. HOAR. I rlsetoa parliamentryinquiry. AftertheSena· The Secretary read the resolution submitted by Mr. PEFFER tor from Kansas has m odified his resolution is he not, under the on the 9th instant, as follows: ordinary cour i:esies of the Senate, entitled to the floor if he claims Whereas it is charged in many of the most fnfiuential and widely circu­ it, before the motion to lay on the table can be put? lated newspapers of the country, and from them copied in the rural press, The P .RESIDENT p ro tempore. The Chair can hardly recog­ that some one or more members of this body were actively participating in nize that as a parliamenta-ry question, but he thinks under the recent transactions on the New York Stock Exchange relating to the pur­ chasing and selling of shares of stock in an organization known as the sugar ordinary courtesies of the Senate the Senator proposing a reso­ trust; and lution h as usually been and ought to be recognized as a matter Whereas it is alleged in said newspapers and is being so copied in the rural of courtesy. press, that the said members of this body, in their own personal interest and for their own selfish purposes, made use of knowledge and information Mr. PEFFER. Mr. President-- procured by and through thelr o.mcial relations as Senators, to infiuence Mr. QUAY. I understand the Senator from Kansas desires to prices of shares in the sugar trust on the stock exchange in the transactions make a sta tement. aforesaid; and . . Whereas it is alleged further, in the manner before mentioned, and is be­ The PRESIDENT pro tempore. The Senator from Pennsyl­ ing so circulated among the people, that the said Senators did, by re'ason of vania will please pause until the Secretary can read the resolu­ the transactions above referred to and their connection therewith, acquire tion as modified. large gains and profits; and Whereas the gravity of these charges and allegations is sufficient tore­ The SECRETARY. Strike out all of said resolution after the quire that they be fully, impartially, and promptly investiga.ted to the end word "practicable" in the sixth line thereof; so that the resolu­ that the truth concerning them may be ascertained and made known and tion as modified will read: the honor and dignity of the Senate preserved: Therefore be it Resolved, That a select committee of five members of the Senate be ap­ Resolved, 'l'hat a select committee of five members of the Senate be ap­ point-ed by the President of the Senate, whose duty it shall be to proceed pointed by the President of the Senate, whose duty it shall b ~ to proceed Without unnecessary delay to make a thorough investigation of said cbarge3 without unnecessary delay to make a thorough investigation of said charges and all of them, and report the testimony and evidence with their conclusions and all of them, and report the testimony and evidence with their conclu­ thereon at as early a day as practicable. sions thereon at as early a day a.s practicable. The said committee or any subcommittee thereof shall have power to send for persons and papers, to administer oaths, and perform all other duties usually intrusted to committees of like character, and to employ a clerk, a The PRESIDENT pro tempore. The Senator from Kansas is messenger, and stenographer. recognized by the Chair. The meetings of said committee shall be held in ona of the committee Mr.· QUAY. Now, I withdraw the motion to lay on the ta.ble rooms of the Capitol Building or in some other suitable room in a building to belonging to the Government, to be set apart temporarily for this purpose if-necessary enable the Senator from Kansas to proceed. and properly supplied with furniture, stationery, and other conveniences by The PRESIDENT pro tempore. The motion or the Senator the Sergeant-n.t~Arms: Provided, Thatincase the committee shall be of opin­ from .Pennsylvania has not been entertained because the reso­ ion that it would be conducive to a more complete and satisfactory examina­ tion of any relevant or material matter connected with the transact-ions out lution has not been in a condition where the Chair thought it of which the investigation has grown, that the full committea or a subcom­ was proper to. be entertained. mittee thereof should visit the city of New York. such visit m3.y be made. Mr. P EFFER. Mr. Presi le:1 t, it was not my expect'l.tion to The necessary expenses of said committee shall be paid out of the contin- gent fund of the Senate on the usual vouchers. take up any of the time of th·) Seuate this morning, for I did not apprehend that either m y ami<>.bl e friend from Penn!?ylvanianor Mr. PEFFER. Mr. President-·- any other m ember of th is boJy would feel called upon to oppose Mr. QUAY. Now, I move to lay the resolution on the-table. the adoption of ·a resolution which upon its face and under the The PRESIDENT p1·o tempore. The Chair desire~ to s~ggest circumstances is so evidently and obvio·.1sly appropriate. - XXVI-178 -·

• 2834 CONGRESSIONAL RECORD-SENATE. MARcH 12,

During the last few weeks the gossip of the newspapers, the Hence, while I know nothing of the truth of the charges, and gossipof the street, the gossip in this building, and, if I am not while I have no belief on the subject, ex.cept that ugly charges out of order, the gossip in this Chamber has been to the effect are being made, I ask that the resolution may be adopted and that improper influences from New York have been operating that the committee may be sp(jedily appointed and put to work. here to secure or to preven-t certain lines of legislation, and the Mr. GORMAN. Mr. President, we have, it seems, fallen into gossip became so intense and spread so widely that finally charges the fashion within a short time past of introducing into the began to be made, not only against the body itself but against mem­ Senate and having read at the desk or repeated substantially bers, mentioning them by name, of such a specific character, so vir­ by members of the body many of the scandalous articles that ulent in their nature, and if true fastening upon this body such a appear in the public press reflecting upon members of this body. dishonorable course of conduct, that I confess I felt humiliated. I It seems, sir, as if there were an organized attempt, well organ­ felt pained and wounded to think that anything should occur, ized and encouraged in quarte1·a in which there should be no en­ either here or elsewhere, which would in any manner justify such couragement to such attempts, to belittle and degrade the Senate charges against this body or against any particular member of the of the United States. I am sorry t:'o say that on some occasions Senat-e. 1 waited and hesitated for several days, wondering what it has had its effect in forcing this body to undue and hasty ac- would be done about it, but having no doubt of what ought to tion, if not imprudent action. · be done. Finally I went so far as to begin the preparation of a Now, when a great measure is pending beiore this body, one resolution similar to this one, when it occurred to me that, just which the party to which I belong is pledged to pass in some entering upon the fourth year of my term of service as a mem­ form, there seems to be on the part of a portion of the public b~ of this great body for which I have profound respect, it press a determination to force immediate action upon the bill might be inappropriate~ it might be regarded as an intrusion by charging misconduct upon the partof membera ofthisbody. upon the esta.blished rules and the courtesies of this Chamber, I am amazed that any member of the Senate of the United and I threw the paper away; but after waiting one more day I States should feel that it was his duty to bring these statements came to the conclusion that it was the duty of some member of to the attention of this body in the form of a resolution for an this body to cill attention to the matter in this public way, in investigation. I have always believed that men in public sta­ order that an examination might be had and ·the truth be made tion who are actuated by honest motives and with a single pur­ known. pose to discharge their public duty to the people could afford to Mr. President, last spri.pg a year ago, I think, charges were pass by such statements as have recently appeared in the public made but in one newspaper to begin with, if I remember cor­ press affecting members of this body. r ectly, and that in this city, against one member of this body Whatever may be the motive of the mover of this resolution, who had lately come to us and had been sworn into office. That I think the better judgment of the country will be that he who Sen:ttor was charged by a particular paper with having embez­ is conscious of his own inte!;I'ity and has a proper appreciation zled bank funds once in his life, and a resolution for investiga­ of this body would know that such resolution is out of place and tion was offered here and a great deal of righteous indignation ought never to have been introduced. was manifested upon this floor in relation to ·it. I do not now Mr. President, within the p~t year we have seen charges in recall just how the subject was disposed of, but I do know that the public press and heard them made upon this .floor against the charge was discussed by Senators a number of days, perhaps honorable Senators who were opposing what was known as the running over a period of ten days or two weeks, and it was repeal of the Sherman law. Those Senators were then denounced noised about the country through the newspaper reports. as representing States whose interests compelled them to vote The Senate owes it not only to itself but to the country at large against that bill, and they were charged with personal interest that this subject should be investigated honestly and fully, no in the matter then pending. For one, sir, I recognized then matter whether any of u.s suffer, and no matter who the man is that we were entering upon an era when strong outside influ­ that suffers. There is a discussion going on among the common ences would be brought to bear to encourage charges which people of the country, or as I heard itexpressed recently among were infamous and which the whole country knew to ba untrue, the groundlings, the farmers, the working people generally. and the Senators who were charged at that time with miscon­ They are organized; they have their little assemblies here, there, duct, or of being influenced by personal interests, stand before and everywhere. They meet often behind closed doors and they their fellows here· and before the country perfectly vindicated. discuss these subjects. The newspapers report specific charges Now, sir, while we are charged with the great duty of reform­ against certain members of the body. No official contradiction ing the tariff, a duty to which we are pledged, and the fulfillment is made from this place such as the people will understand, no of which may strike, as the other side of the Chamber may con­ testimony given, nothing by which they may determine for them­ tend, if radical changes are made in the revenue laws, at great selves whether the charges are true or false. They go back to business interests, there is every incentive to the men who are their meetings satisfied that the charges are true. to be affected to create the impression thn.t there is corruption I am confident that, so far as my constituents are concerned, and bad conduct upon the part of Senators who are to deal with were I not to rise in this body and protest against the charges that question. an-d to ask that they be investigated, my people would demand The tpublic press in nearly every State in the Union are anx­ of me upon my return, "Why did you not perform your duty, ious for speedy action, and before the bill had even reached the knowing that those charges were made against the Senate?" portals of this Chambor we were called upon to pass it. We have And the constituents of all the Senators who are listening to· been denounced for delaying consideration, though considera­ me feel just as mine do. tion was absolutely necessary, and when the bill did reach the Mr. President, I am not always friendly to the metropolitan consideration of the Committee on Finance these idle, out­ newspaper press, but I know, and so do you, fellow Senators, rageous charges and intimations against honorable members of those papers are among the great powers for doing good as well that committee have been made. as for doing harm. It may be true that in some respects they Mr. President, if the Senate of the United States is to stop in are edi.ted in the business department, and that the business the discharge of its great duty to the country to investigate manager dictates much of the editorhl matter, but there is not these idle. outrageous, and infamous charges, legislation will not one among our strong newspapers that has not during the last be proceeded with, and we upon this side of the Chamber shall three months had at some time or. other a relief fund for the not be able to discharge a duty which we have promised to the poor that it itself organized. country. The New York Times a number of years ago began a series I denounce the outrageous misrepresentations which have of excursions for the little people, taking them out on Sundays been made of Senators. I trust that this case will bring the and other days among the green trees and the grass and other Senate of the United States back to its old-time method of ac­ thingsthatgeowin the country, so that the children could have a tion. We submitted to it in the case to which I referred; but little fresh air; and out of that has grownagreatpowerin the New it ought to bathe last in our time. Let Senators on both sides York press-the Sun, the World. the Times, the Tribune, the of the Chamber, without regard to party, vindicate this body by Herald, and the rest. Only yest-erday I was reading some matter resenting the attempt to bring in here such a matter as is in­ in the Trib:me concerning the Tribune's fund. The World haB cluded in the resolution of the Senator from Kansas. If the a bread lou fund, and so it goes all over the country. Now, Senator from Kansas or any other Senator on this floor believes when a. charge of this kind is made, even if it were true that our that his vindication is necessary, let him ask for an investign.­ press has gone as far as is sometimes charged in this Chamber tion later on; but to take up these sweeping charges as to Sena­ as to become venal, when charges are made publicly, spread tors against whom there has been heretofore not a breath of scan­ broadcast, and the average man and the average woman believe dal, who have done nothing but discharge a public duty as they un­ that there must be something in them, there must be some fire derstand it, is, in my judgment, an outrage. where there is so much smoke, I insist that we owe it to our­ Mr. President, I desire while I am on the floor to say one selves first, and to the people we represent second, and to the other thing for myself. The tariff bill is here; the responsi­ whole world at large third, to investigate this matter, and to in­ bility for its passage and the form in which it shall pass belong.:~ vestiga:te it thoroughly. to thts side of the Chamber; it has been dealt with honestly and

~I 18~4. -CONGRESSIONAL RECORD-SENATE. 2835 fair1y· and no charges in the public press, no intimation coming NOT VOTING-25. from ~ny quarter, no matter how .b.ig:h or ~ow low, of s_pee~~g it Blanchard, Hale, McPherson, Vest, Brice, Higgins, Morgan, Washb'U,rn, through, of passing it without cons1deratwn, ?f pass.mg 1t J~St Cameron, Hill, Murphy, White, as it came here from the House of Representatives, w1ll ever m­ Chandler, Jones, Ark. Sherman, Wilson. fiuence my action in this matter. We .shall delio~rate over it Colquitt, Jones, Nev. Shoup, Dixon, Lodge, Squire, fairly. as we have always oone on-questwns of such rmportance; Gordon, McLaurin, Vance, we shall consider it in a spirit of proad Americanism, as I hope, and we shall amend it where it is neces93,ry it should be amended, So the motion to lay on the table wa£ agreed to. for the bill, as I understand it, as it reached us would not pro­ Mr. GEORGE. Mr. President, I ask the indulgence of the duce revenue enough to support the Government.. rr:he bill must Senate to say that my vote in opposition to laying the resolution be put in such shape that we shall nothavea defi01t m the Treas­ of the Selll.1t ::> r from Kansas on the table is not to be construed ury. The Senate Committee on Finance is engaged in per!ect­ as indicating any belief or suspicion even on my part that any ing that bill and I have no doubt tb.at when the comm1ttee Senator has been guilty of the chal·ges referred to in the reso­ which has charge of it brings it forth it will be in a more perfect lution. I voted for the investigation for this reason: Very re­ shape than it was when it came to ill! from the House of Repre­ cently the press has been full of charges of improper motives sentatives. and improper conduct on the part of Senators. I thought fair, Mr. President, to our friendil on this side of the Chamber, full investigation would show the groundlessness of these charges havinO' the resnonsibility, having in mind the thorough pro­ and in that way tend possibly to suppress such insinuations in tecti :::- ~ to the Tre:lSury of the United States and the care of the the future. · int-erests of t he consumers of the country! I will say that we PRESIDENTIAL APPROVAL. can not afford to be uiverted by pretended friends or foes from the b.ir consideration of the bill. Whether these attacks ema­ A message from the President of the United States, by Mr. 0. nate from the men who think their interests are in jeopardy, or L. PRUDEN, one af his secretaries, announced that the President whether they come from another class who would like to see a bill had, on the lOth instant, approved and signed the act (S.l306) to passed which did not raise revenue enough to support the Gov­ establish a port of delivery at Bonne-rs Ferry, Idaho. ernment so that it might deal in mora Government bonds. or HOUSE BILL REFERRED. whether the athcks come only from the imagination of gentle­ The bill (H. R. 5481) making appropriations to pro-vide for the men who control newspapers-no matter from what quarter, ?O expenses of the government of the District of Columbia for the matter what is the motive, I appeal to this body to assert 1ts fiscal year ending June 30, 1895, and for other purpo3es; was read own dignity, to go on with the consideration of this public twice by its title, and referred to the Committee on Appropria­ measure and if there is a Senator on this floor or any man of resrectability anywhere who will make a charge against any tions. SenJ.tor connectec;l with this bill, charging him with even indis­ COINAGE OF SILVER BULLION. cret!on, we shall take up any such individual cases when this Mr. HARRIS (Mr. PASCO in the chair). Mr. President, a gre .. t publi~ duty is discharged, and not J:>efor.e. number of Senators have spoken to me this morning, indicating Mr. Prestdent, I move that the resolution he on the hble. that .the time fixed for disposing of the House bill in reference M1·. MILLS. I call for the yeas and nays upon that motion. to the coinage of the sei~niorage would probably be short for the The PRESIDING OFFICER (Mr. PAsco in the chair). The discussion, and therefore requested me, at the completion of the Senator from Muryland moves that the resolution be laid on the routine morning business, to ask unanimous consent of the Sen­ table, on which the Senator from Texas calls for the yeas and ate that the bill be taken up. Itha.s the right of way at2 o'clock, nays. but I will ask, in deference to the request of those Senators, that --. 'l'he yeas and nays were ordered, and the Secretary proceeded. the bill be hken up at this time and proceeded with. to call the roll. Mr. COCKRELL and others. That is right. Mr. BUTLER (when his name was called). I have a general ThePRESIDINGOFFICER. Isthereobjection to the request pair with the Senator from Pennsylvania [Mr. CAMERON]. If of the Senator from Tennessee? The Chair hears none. The he were here I should vote '' yea," but not knowing how he would Chair lays before the Sena.t9 the unfinished business: the title vote- of which will be stated. Mr. QUAY. I have no doubt that if my colleague [Mr. CAM­ The SECRETARY. A bill (H. R. 4956) directing the coinage of ER0!-1] were present he would vote" yea.." the silver bullion held in the Treasury, and for other purpnses. Mr. BUTLER. Then I vote'' ye:t.''- - The PRESIDING OFFICER. The Senate resumes the con­ Mr. LODGE (when his name was. called). I am paired with sidern.tion of the bill; and the Chair recognizes the Senator from the senior Senator from New York [Mr. HILL], whom I do not Wisconsin [Mr. VILAS] as entitled to the floor. see present. As I do not know how he would vote, I withhold · Mr. VILAS. Mr. President, lam sure it will be agreed by all my vote. If he were present I should vote" nay." who were in the Senate on Friday last that the protraction of Mr. GEORGE (when Mr. McLAURIN'S n ame was called.) My the discussion while I held the floor was not by myself. The colle:tgue [Mr. McLAURIN] is absent, paired with the Senator points taken up were rather the suggestions of others than my. from Rhode Island [Mr. DIXON]. own. While I shall object under no circumstances to any Sena­ Mr. McMILLAN lwhen his name was called). I have a.gene­ tor's interruption if he wishes, for I will not refuse that courtesy ral nair with the Senator from North Carolina [Mr. VANCE]; but fairly asked, I shall be ab!e to dispose more quickly of the ob­ upon this question I think he would vote just as I do. So I take servations I wish to make upon this bill by proceeding without the liberty of voting. I vote '' yea." too much interruption. Mr. SHOUP (when his name was called) .. I am paired with Mr. President, I set out to consider thereasonswhicharepro­ the senior Senator from California [Mr. WnrTE], and therefore fessed in support of this measure, and I had opportunity only to withhold my vote. _ . . speak of one. That one, indeed, is, if I read correctly the re­ Mr. VEST (when his name was called). I am paired w1th the port of the committee in the House of Representatives, the only­ Senator from Mi nnesota [Mr. WASHBURN]. If he were present, reason urged there, or substantially the only reason, namely, that I should vote " nay." the needs of the Treasury require this as a measure of relief. The roll call was concluded. I think I fully answered on Friday that suggestion of a rea-son. Mr. WILSON. I am paired with the Senator from Georgia It was not only shown that the Treasury does not need the relief, [Mr. COLQUITT]. Not knowing bow he would vote, I withhold that the Se~retary of the Treasury does not ask for or want this my Y"Ot e. If he were present, I should vote "nay." measure and stands opposed to it, but it was also fairly shown The result was announced-yeas 33, nays 27; as follows: that it could n ot operate relief to the Treasury. So I feltmyself YEAS-33. justified in saying of this professed reason that it is rather a pre­ Allison, Gallinger, M~~lillan, Ransom, text than the motive for the enactment of the bill. Blackburn, Gib on, Manderson, Smith, There is another suggestion proffered , carrying much the Butler, Gor man, Mart in, Stockbridge, Calfery, Gray, :Mitchell, Wis. Teller, same aspect, that this is a bill to coin the seigniorage. It will Camden, Harris, Morrill, Vilas, coin what is called the seigniorage, but that is but a small part Carey, Hawley, P almer, Wolcott. of its purpose ol' scope. What this bill seeks is to put into the Cockrell, Hunton, Pasco, CUllom, Irby, Proctor, paper circulation of the country sot:ne $200,000,000 more of silver Faulkner, Lindsay, Quay, certifi cates. _ NAYS-27. On the floor oi the Senate the distinguished Senator from Ne· vada [Mr. STEWART] suggested that it was a desirable thing to Aldrich, Davis, Kyle, ·Power, Allen, Dolph, ' Mills, Pngb, retire the Sherman notes: by which I mean that class of the Bate, Dubois, Mitchell, Oregon Roa h, gre3nbacks provided for in the act of 1890, because, he s.1id, they B erry, FryE>, Peffel', Stewart, operated like an endless chain of demand upon the Treasury for Call, George, Perldns, 'l'urpie, Coke, Hansbrough, Pettigrew, Voorhees. gold, and thereby lle would relieve so far the Treasury. But Darnel, Hoar, Platt, that reason extends to all the ~reenbacks as well as those pro-

..... 2836 CONGRESSIONAL RECORD-SENATE. ~fAROH 12,

nded for in the act of 1890. I agree that the thing is desirable Mr. VILAS. The national-bank notes are not issued by the in itself under proper provisions for currency, but what is now Government. proposed in their place would be far worse than the greenbacks Mr. STEWART. The permission of the Governmei1t was we have; the substitution of silver certificates for these notes given to issue them; that is all. of the Government, with the whole faith and credit of the Gov­ Mr. VILAS. The greenbacks will constitute but 40 per cent ernment, to pay a dollar in value of the gold dollar behind them. and the silver certificates 60 per cent. They will have changed That I object to. places. The Government notes will be two-fifths and the silver So it is with the suggestion that this bill will increase the cir­ certificates three.:fifths of the Government issues, whereas at culation, which I have not yet heard in support of it on the floor present the Government notes are three-fifths and the silver of the Senate, but has been elsewhere made in common speech. certificates but two-fifths. And if the total circulation remains There is really no need for increase of circulation, but if it were substantially the same in volume, the silver certificates will con­ desirable-and I do not care to object-it is not desirable to do stitute one-third of the entire circulation instead of one-fifth, as it in the manner now proposed. at the present time. Mr. President, these various professions and suggestions are Now, sir, I desire to call attention next to the fact that the not the reasons which inspired the scheme to enact this legisla­ silver certificates are an inferior species of paper currency, and tion. These are the proffered gifts of the Geeeks, and they to the consequences which must ensue from the inferiority of conceal the enginery in gl'emio by which destruction is to be one class of the paper currency issued by the Government for wrought to the financial interests of the country instead of its use with othe1· circulating media. Gold will pay any debt, pub­ welfare promoted. lic or private, in this country-or any other country-according Mr. President, let us deal directly with it. The incentive for to the value of the 25 .8 grains of standard gold in our dollar. the enactment of this bill will be gathered better by considering In this country the notes issued by the Government, redeemable who presents it and what is its true object. In that we shall find or demandable in coin but practically in gold, will pay any debt the reasons which underlie the promotiQn of its enactment, and public or private; and, besides, the greenback contains the in that we shall find the objections to its passage. What to the promise of the United Sts.tes to pay a dollar which, altl;10ugh by friends of this measure is promise, to me is menace: and I be­ law payable in coin, and therefore either in gold or silver coin, lieve there are many who incline to favor this bill because it seems yet by the faith of the Government solemnly pledged in acts of a harmless measure, or at least of but little harm, who can legislation and long-continued practice is as secure of being a hardly accept the responsibility of supporting it when its nature dollar worth 25.8 grains of standard gold as the faith of the Gov­ and, I think, certain effects are conside1·ed. ernment is secure of being kept. As I have already said, this is a bill to add some two hundred How is it with the silver certificate? The silver certificate is millions of silver certificates to the currency of the country. I not a legal tender. It will pay no debt between citizens of this do not oppose it because it is to coin the seigniorage; nor because country. It will pay honestly, against the will of the citizen, no it is to transform the silver bars in the Treasury into silver dol­ debt of the Government to the citizen; but it is receivable by lars; nor because it increases the circulation; nor because the the Government for cust-oms, taxes and all public dues. The sil­ Sherman notes may be retired. Each and every one of these ver certificate does not therefore meet, by the very terms of objects might be in a proper way accomplished, with possible the law which provides for both, the same office which the green­ result of certainly little evil and from some of them much good. back meets in this country, nor will it compare with g old for the Bnt, sir, let us see what will be our condition when the end is reason that the value of that depends upon no acts of Congr ess re:tched which this bill proposes to accomplish. I think it will or of Parliament, but is fixed by the trade of the world. be thus seen,-what I do not believe will be disa>owed by many, The Senator from Colorado [Mr. TELLER], whose learning that the efficient reason which pushes this bill is that it is a step, upon this financial subject is certainly exceeded by none, dis­ probably efficaci\Jus, to bring about the substitution of the silver puted the othe1· day in our discussion the proposition that the standard in the country; if not completely effective of that end, silver certificate is inferior money. He asked this question of atle::tStdangerously promotive of it. Andforthatreason I think me, and I promised to answer it: we ought to stand against it. State to the Senate and to the country in what respect it is inferior in per­ Let me suppose the proposals of this bill accomplished. What forming money functions to a gold dollar or a gold certificate. change shall we have, then, in the circulation issued by the Gov­ Mr. President, I have answered it alre:.tdy. By the law of this ernment? What have we now? Of greenbacks of the old issue, land a gold dollar will discharge any debt, and by its value in $346,681,016; of the greenbacks issued under the Sherman a.ct, the trade of the world it will do that anywhere in the world, not $153,00J ,184; making a total of greenbacks now issued, $499,6S2,- alone by force of law as in our country, but wherever men in com­ 200; and of silver certificates on the 1st of March, $338,061,504; mercial pursuits desire gold. It possesses the value here and a total of $837,743,704 of paper currency issue:i by the Govern­ everywhere only of 25.8 grains of standard gold. The greenback ment, without reckoning gold certificates or currency. is a gold dollar in so far as i t is a promise to pay a dollar, for, as I Mr. WOLCOTT. The Senator does not include the national­ have already observed, the faith of this Government is behind bank notes, I understand. every greenback to pay upon demand the equivalent of a gold Mr. VILAS . .I spoke of currency issued by the Government. dollar for every dollar promised to be paid therein. The national-bank notes are issued by the banks. Disregarding Mr. TELLER. Will the Senator from Wisconsin allow me to the gold certificates, which form no part of this consideration, interrupt him? because the gold certificate stands e'quivalent to gold, and the The PRESIDING OFFICER (Mr. PAsco in the chair). Does cur rency certificates, which are merely another form of the the Senator from Wisconsin yield to the Senator from Colo­ greenbacks, 60 per cent of the Government circulation is now rado? gr_enbacks and 40 per cent silver certificates; or taking the en­ Mr. VILAS. With great pleasure. tire circulation of the country as it stood on the 1st of March, Mr. TELLER. The Senator has spoken of the value of the ·sixteen hundred and ninety millions, and the silver certificates greenback and of the gold dollar. I wish to ask the Senator if at the present time constitute one-fifth of the money of all kinds it is not a fact, which he will now admit, that in London, Liver­ in circulation. pool, Paris, Berlin, or wherever he chooses to go, a silver certifi­ What will be the condition when the proposal of the bill is cate has exactly the same value in the purchase of anything, I a~complished? It provides for certificates in place of the seign­ do not care what it is, that a greenback or a gold dollar has? iorage, $55,156,681, and for certificates in substitution of the ~Ir. VILAS. I am unable to answer with certainty the ques­ Sherm:m greenOO.cks; ii the substitution be complete, $153,001,- tion of the Senator from Colorado. 184; or a total of $208,157,865 to be added to the present three hun­ Mr. TELLER. May I answer it? dred and thirty-eight millions. Mr. VILAS. It may be true that up to the present time, and Mr. MITCHELL of Orecron. The amount is reduced by can­ with only the present amount outstanding, and with the prom­ celina- an equal amount of Treasury notes issued under the She­ ise of this Government to receive silver certiti cates for all pub­ man~ct? lic dues, the credit of the silver certific:Lte has been sufficiently Mr. VILAS. I am about to ca.ll attention to that. I am giv­ upheld even in London to make it accepted there as it is here: ing you what will be the condition when the silver certificates but that does not alter the question. are substituted for the coin in the Treasury or issued upon all the Mr. TELLER. I should like to asktheSenatoranotherques­ coin and the bars in the Treasury which wera purchased by force tion, as he is speaking now of inferior money. of the Sherman act. There will then be outstanding $546,219,369 Mr. VILAS. Certainly. in silver certificates, and there will be outstanding $346,681,016 Mr. TELLER. Does its inferiority consist in anything except of greenbacks under tba old issue, a. tot::tl of 8:892,900,385. In the fact that it is not legal tender for all purposes, and practi­ other words, at that time, of the currency issued by the Govern­ cally has not the silver certificate been as efficient in the dis­ ment disregarding the gold certificates and currency certifi­ charge of money functions as the greenback? I speak of this cates-- country now. The Senator knows about this ~untry. Mr. STEWART. And the n;~..tional-bank notes. Mr. VILAS. I have no hesitation in answering the 5enator ·,

1894. CONGRESSIONAL RECO.RD-SENATE. 2837 in the negative. The silver certificate is inferior to the gold Mr. GEORGE. Will the Senator from Wisconsin allow me to dollar in this, that the gold dollar is good the world over-­ ask him a question? Mr. TELLER. Does the Senator mean to say he can dis­ Mr. VILAS. With pleasure~ charge an English debt with American gold dollars? U he does, Mr. GEORGE. If Congress pass a law making the silver cer­ I challenge that statement. tificate a legal t:mder for the payment of debts would it not then Mr. VILAS. Oh, with ease, not because the American gold be as good money as any? In other words, is it not a fact that dollar is a legal tender, but-- the only inferiority of th/ silver certificate, as compared with Mr. TELLER. The Senator can not do it. gold, is the omission of Congress to give it the le~al-tender qual­ Mr. VILAS. But because the gold dollarr carries its own value ity? with it, irrespective of its mint certificate. Mr. VILAS. To enact a law to make the silver certificate Mr. TELLER. If the Senator will allow me-and he can look a legal tender would give it one quality among the citizens of it up at his leisure-! will say to him that American gold money this country which it does not now possess, and would, there­ is n"ot the equivalent of the sovereign in England, and he can fore, so far tend to relieve the difference in value~ the infe­ not discharge a debt with it there without paying the difference riority of the silver certificate to other forms of Government between the American coin and the English coin, because the issue. But there would still remain this difference, which no one is a legal tender and the other is not. statute of Congress can wipe away, that the silver certificate Mr. VILAS. , We • understand perfectly well that in every is redeemable in a silver dollar only, and the gold cartificate country on the earth-! think in every country-foreign coins or greenback is redeemable in a gold dollar; and the value are treated as bullion by law, but gold bullion is just as valuable of the silver certificate as approaching or equaling gold depends as gold coins. Gold bullion is just as good in England as sov­ only upon the confidence with which the promise of the Govern­ ereigns. ment, or the declared policy of the Government, will be accepted Mr. TELLER. You can not pay a debt with it. by the people of this country and of the world. Mr. VILAS. Not against the will of the creditor; but, practi­ Mr. TELLER. Will the Senator allow me to interrupt him cally, by the avidity of men the world over to get it, gold takes again? care of itself and needs no enactment of law to force it upon any Mr. VILAS. Certainly. creditor. Mr. TELLER. The Senator has stated that gold possesses Mr. TELLER. If the Senator will allow me to illustrate it to some special value and merit and that it circulates everywhere. him: American eagles, for instance, occupy exactly the same po­ If I may be allowed before asking the question, so that the Sena­ sition in England that silver certificates do in this country. tor may see my point, I will state that itcirculates where it does· The creditor is not obliged to take them. The difference is that in the way he mentions because the law gives it that power. I in this country the creditor always takes the silver certificates, want to attract his attention for a moment to a great portion of and in Great Britain he always refuses to take the American the world where it does not circulate under such a provision of eagle until the difference between it and English money is paid Jaw. Take India, for instance. Is gold a legal tender in India? him. Is it a legal tender in China and in many of the South American l\1r. VILAS. The difference between bullion and paper is a countries? I ask t·he Senator particularly if he does not know difference as to which we need enter upon no elaborate discus­ that no taxes can be paid in India in gold? With itsgreat.amount sion. The bullion is worth always what it will sell fo:t• in the of taxes no man can pay his taxes there in gold. Is not that a markets of the world, whether minted or unminted. It ms.ybe, fact? to qualify that, that asilver dollar will be t aken for more in Eng­ Mr. VILAS. I find whenever our friends on the othersideare land than it would for its worth as silver, because it can be trans­ unable to resist the absolute conviction which conditions here shipped here easily and passed, under the policy of our Govern­ bring upon them they invite us to the other side of the world to ment, for a dollar; but the silver certificate, let me recall to the discuss alleged facts about which we have not that sufficiency attention of the Senator from Colorado, does not promise to pay of evidence to enable us to be certain. a dollar at all. The silver certificate merely certifies that a Mr. TELLER. Oh, Mr. President, does the Senator mean to silver dollar has been deposited in the Treasury, or that anum­ say that he does not know that is a fact as I stated itr If so, he ber of them have been, and promises only to return the number ought not to be discussing this question on this floor. of silver dollars deposited to the holder of the certificate. Mr. VILAS. Well, Mr. President! whether it be the fact as Mr. WOLCOTT. Will it interupt the Senator if I ask him a· fully as the Senator has stated it or not- question? Mr. TELLER. Will the Senator deny it? . Mr. VILAS. Not at all. Mr. VILAS. I am not going to deny what I have not at hand Mr. WOLCOTT. I do not mean to interrupt him often. the means of sustaining the denial of, but! venture to say to the Mr'. VILAS. I always take great pleasure in hearing the Senator, and I think he will not deny it, that gold with or with­ Senator from Colorado. out the law possesses the sameacceptabilityinindiathat it does Mr. WOLCOTT. Does not the Senator know perfectly well in England. · that a silver dollar with the stamp of the United States upon it Mr. TELLER. I do deny it. A man can not pay a debt in is exchangeable in England for 100 cents, less the exchange, to India with gold, and has not been able to do so since 1835. Of exactly the same extent that a gold dollar is exchangeable and course he may go and sell it, but of that· two hundred and sev­ that twenty silver dollars are exchangeable in London for the enty odd millions he can not take his gold and demand silver same amount of money. that a gold eagle is exchangeable? Does for it. not the Senator know that it costs no more to ship between New Mr. VILAS. The Senator appeals to a condition which arises York and Liverpool a million silver dollars than it costs to ship out of tlie peculiar belief entertained by the Hindoos and the a million dollars in gold? The comparison which my colleague other people of India. They have from traditionary times used invited of the Senator from Wisconsin was a comparison be­ silver money, and silver money is known to have by reason of tween the greenback and the silver certificate, and those of us their peculiar ideas an acceptance there that few other countries who are much interested in the discussion have not yet heard the accord it. He is appealing to the peculiar shte of opinion that Senator answer where in in this country, except that the silver prevails there. I think, however, the Senator recognizes that cei'tificate is not a legal tender between private individuals, the it will not be long before the law of India and the conditions silver certificate is an inferior money to the greenback. there will be such as to conform to civilized countries on the rest Mr. VILAS. How much is necessary? I did not state that of the globe. it was so inferior as not to circulate. J pointed ·out the differ­ Mr. TELLER. I dislike to interrupt the Senator, but I dis­ ence, that the law makes one piece of paper better than the like to have him make history in the way he is making it, be­ other because it makes it legal tender for all debts, public and cause it is not correct. India has been a gold-using country in private, where3.S the Government itself can not, unless we shall its time. Twice at least in modern times since the British took enact some such legislation, force upon its citizens a silver cer­ possession of India gold has been legal-tender money there, but tificate. it is not now. Mr. TELLER. Can it force a gold certificate, either? Mr. VILAS. It soon will be, will it not? Mr. VILAS. No. Mr. TELLER. When the Senator assumes there is some­ Mr. TELLER. What is the difference between it and a gold thing intrinsic in gold that makes it go everywhere he over­ certificate, then? looks the fact that it only goes where the law gives it the char­ Mr. VILAS. For the reason that the gold certifica te is re­ acter, and that it is not owing to its intrinsic value. deemable in what posEesses its own intrinsic value, while the Mr. VILAS. It can not be possible that the Senator from silver certificate is redeemable in what possesses the value as-· Colorado means to dispute that there is no country in the world signed to it only t y reason of trust in the faith of this Govern­ in relations of trade and commerce with the world of civiliza­ ment to execute the promise to maintain parity between the tion in which gold is not accepted practic::1lly with the same coinage of the two dollars. But it is not the same difference readiness with which it is accepted throughout the civilized lVbich exists between the silver certificate and the greenback. world. CONGRESSIONAL RECORD-SENATE. MARon 12, 2838 -- Mr. TELLER. I do mean to assert it, Mr. President. As a tion of the SenPvtor was, substantially, that these dollars a,re idle matter of practical fact, it is not so accepted amongst the people money. That I disputed. Now, if he admits that the silver of India at all, neither is it in China. Of course, I do not mean certificate is in circulation and performing full money duty, as to say that there are not brokers who are always ready to buy he must admit, then he must admit that he was mistaken and gold, as people are ready to buy wheat. not I. Mr. VILAS. As I remarked, -when my distinguished, and my Mr. VILAS. So far from it, the silver certificate becomes very learned friend in all these financial topics, sought to go off nothing more than the promise of the Government to pay a sil­ to India, we immediately begin to :find our debate losing all its ver dollar, except that the Government holds the silver dol'lar :fixity of foundation in the different impressions which prevail there with which to pay it as an additional guarantee of the in regard to the facts, and we ean not establish to mutual ac­ faith of its promise. The dollar in the Treasury is utterly idle ceptance the truth as to many of these points in countries be­ otherwise, and valueless even for that. yond our reach. We have to deal with the world with which Mr. TELLER. We are not discussing the theoretical ques­ we come in contact, the people of the United States and the peo­ tion whether the silver certificate is eaual in all respects to the ple of civilized Europe with whom we are in constant intercourse silver dollar, but whether it is practicafly doing the same money in the way of trade and travel. duty. That is what I attracted attention to. That is whera the Now, let me call the attention of the Senator from Colorado to Senator and his class of advocates are always sticking in the another thing to which he invited me the other day; and it bark and asserting that the silver certificate is not good money. seems that I must have his assen.t at once to the proposition that When put to the book, every one of them has to admit that it what he said is not supported by the law. Speaking of a remark performs every function in this country that the gold dollar per­ I made as to 1;he complete burial for a long time to come of the forms. silver dollars in the Treasury, the Senator said that I was insist­ Mr. VILAS. If the Senatorfrom Colorado thinks I have been ing that the silver dollar is dead money in the Treasury-a term obliged ·to admit that the silver certificate performs every func­ I did not use, as he himself said, but he claimed that what I tion of money that a gold dollar performs-- urged was practically with that meaning. That is not quite Mr. TELLER. Does the Senator deny it? correct, but he said this in r eg ard to it: Mr. VILAS. I am helpless and hopeless in my efforts to point I say they are live dollars bec::mse their representatives are in circulation. out to him the difference-a difference which is so plain that I think nobody else can dispute it. - I want to point out so that the Senator from Colorado will ad­ Mr. TELLER. I admit the difference in law. 1 am trying to mit it, that the si:ver certificates are not as ~ood as silver dol­ get the Senator to say whether there is any practical difference. lars. They are representatives of silvar dollars, but the trouble That is what I am trying to get at. is their representation is not plenary. They are not the pleni­ Mr. VILAS. That will perhaps lead me to show the practi­ potentiariesof thesilverdollarsin the Treasury. The silver dol­ cal difference, 2nd I will mark it to the Senator in a few mo­ lar is a legal tender. It will discharge any debt. It will per­ ments. I was seeking first to prove, what he has at last ad­ .. form within this country all the office of the gold dollar so long mitted, that there is a difference determined by law between as our laws maintain acceptance and the promise of the United the silver certificate and the other classes of money in this States remains behind it. The silver dollar will lose its value country. only when we have strained the credit of the United States to a Mr. TELLER. What other classes? point beyond its capacity to endure the tension. Therefore, the Mr. VILAS. Gold, green b n.cks, and silver-and between them, silver dollar is better than the silver certificate. The silver a difference by which the citizen of the United States is discrimi­ certificate is inferior to the silver dollar, an inferior currency, nated against by our laws in favor of men in trade and commerce foJ' the reason it does not carry all the power of the principal in other parts of the world, for the merchant in New York or in its representation. elsewhere in this country can pay his debts, wherever else con­ Mr. WOLCOTT. I ask for enlightenment, is a gold certifi­ tracted in the civilized world, in whatever quarter he may have cate weg,ker than the gold, less than the gold? It passes for the penetrated with his enterprising quest, only in gold; but when same in London. You can take a 20-dollar gold certificate-­ he comes to be paid by a foreign debtor he m ay be paid in sil­ Mr. VILAS. The gold certificate .is inferior to gold for the ver dollars that will only be received here by force of the law, same reason. and depend for their value upon the strength of the credit of .Mr. WOLCOTT. Wherein does it lack? You say it is not the country. Our merchant must discharge in what is worth plenipotentiary. It has the same powers the world over that an 25.8 grains of gold every dollar of his indebtedness abroad. eagle would have. Mr. TELLER. Can he not use silver elsewhere? · Mr. VILAS. No. Mr. VILAS. No; he may do it perhaps in those countries Mr. WOLCOTT. Why not? which are sufficiently near to us and between which and our­ Mr. VILAS. Because in order to get the eagle for it you selves the avenues of communication m~e sufficiently easy to make have got to send it to the United States. the dollac come back hera at once; but he can not do it wherever Mr. WOLCOTT. You do not have to get an eagle for it. the silver dollar loses or fails to carry with it that degree of You can exchange it into English sovereigns the world over. trust which depends upon the .faith and strength of the credit of You can exchange it for an eagle at our Treasury here. the Government of the United States. Mr. VILAS. Let me illustrate to the Senator from Colorado. Mr. ALLEN. I should like to ask the Senator from Wiscon­ Suppose he owed me a large sum of money and came to me with sin a question. gold certifi cates and I was churlish enough to answer, ''I will Mr. VILAS. Certainly. . not accept them; you must bring me gold or legal tender." Sup­ Mr. ALLEN. Is not every form of our money readily ac­ pose we were where he could not obtain without the loss of time cepted in England and other civilized countries at its value and at expense, gold or greenbacks for his ce1·tificates, would he here? not re cogniz e~ especially if time was of the essence of the pay­ Mr. VILAS. We have already had that question asked by ment, the difference between gold certificates and gold dollars? the Senator from Colorado. I think it is not true in the full Now, sir, we are putting among the people of this country sil­ extent which the Senator puts the question. It is true that in ver certificates which are not legal tender, and which will not countries, as I have just r emarked, which are so convenient to pay debts to an unwilling creditor, and we are telling the peo­ us that transshipment is almost without expense or with no par­ ple of this country who are carrying these silver certificates to ticular difference of expense between the currency and the gold, the extent of over $330,000,000, "You have something which you it will be accepted, in small transactions especially; not in large can get a silver dollar for." How? In the forests of Maine, ones. would it be worth much to the man who wanted the silver dol­ Mr. ALLEN. One more question, if the Senator will permit lar to be told, "You can send to the assistant treasurer at New me. I understand the Senator from Wisconsin to contend all York?" He could not discharge a debt. So far as the people the way through that the distinction between our different kinds are concerned generally, silver certificates are practically an of money is due entirely either to affirmative legislation or to irredeemable currency, dependent for all value on their accept­ failure to legislate properly. Would it not be perfectly proper ance in trade. in the mind of the Senator from Wisconsin to so remedy the law :Mark you, Mr. . 11:-esident, I am not saying that this inferiority that all forms of our money shall be put upon an equality? of the silver c ertificate is yet so marked as to have cast it out, Mr. VILAS. I should be very glad, indeed, to see our laws but I am sa.ying that the law draws an unmistakabie difterence so changed that all forms of money would be put upon an equal­ between these two classes of currency, and that silver certifi­ ity, but it would not consist in deluging this country with prom­ cates ar~ precisely what all paper currency is which is not ac­ ises to pay and then making them legal tender; that would be companied with the obligation to accept it as legal tender in the simply to put all on a level with the m ost worthless form of cur­ payment of debts enforced by law. rency a country can inflict upon its people. Mr. T ~ LLER. The Senator will allow me to suggest to him Now, I did not say that the difference between our forms of that he is not t ouching a~ all the issue between us. The asser- currency depends entirely upon the law. It depends in part

.. . 1894. CONGRESSIONAL RECORD-~ENATE . 2839

upon it; but what I was saying to the Sena.torfromColoradoand year 3'1.8 per cent of the customs receipts at New York were. in the Senate was that by our law there is a.. distinct inferiority silver certificates. . of silver certificates declared, and they do not possess even so I have ~ditional figures he~ which I obtain-ed from the far as law could attempt to give it them the qualities which gold Treasurer of the United States. In October last the silver cer­ and gold-bearing paper possess. tificates p3.id at New York were 31 per cent of the whole re­ Silver certificates ar e simply a form of paper currency,-as we ceipts; in November 45.8 per cent; in December 51 per cent; in have seen. They have the advantages, generally speaking, January 59 per cent, and in February 56.2 per cent. which paper currency possesses; and paper currency is more ac­ Mr. TELLER. What is the latest? ceptable to the people than gold or silver, as a rule, when the Mr. VILAS. February is the latest I have. I have it here by Government credit is subject to no doubt or distrust. Paper is months and by ten-day periods, and I have here also the daily preferred and i& more useful for the reasons that it does not slips for the month of Februaryfrom theTreasurerofthe United fi!uffer loss by abrasion, is more easily handled or carried, and States, in which it appears thatononedayduring the last month less liable to loss by robbery even than gold and silver coins. 80 per cent of the receipts from customs was paid in silver cer­ But with t he advantages silver certificates mustsustainalsothe tificates. disadvantages of paper currency, which a ffect it unfavorably Mr. PLATT. That is, in a single day? when unfavorable conditions exist. Such currency depends upon Mr. VILAS. Ina.singleday. Theaverageduringthemonth the d e g~'ee of trust reposed in the maker of it, as well as upon was 56.2._ Is it not perfectly obvious from these facts-the ex­ the nature of its redemption, and suffers instantly when fear or perience and observation of any one of us to be proven by look­ doubt arises against it. ing into his pocketbook, if he has any paper money in it, to be Mr. President, this leads me to the next step in the argument. proven by going to any bank, disclosed by the returns of the of­ The most important, perhaps, of those laws which can not but ficers of the United States in the customs receipts-that. this be acknowledged and recognized wherever men have given study sura-law of finance is in operation to-day and silver certificates, to history or science is that two sorts of currency, the one in­ inferior currency in the eye of the law, are inferior also in the ferior or doubted, can not circulate together with freedom and estimation of the country? public benefit. _ Mr. PEFFER. Will the Senator allow me to ask him a ques­ The inferior drives the superior currency out of circulation to tion at this point? the extent in which its inferiority is marked and declared; and Mr. VILAS. With pleasure. this follows as well of a distrusted currency. Now, Mr. President, I wish to call the attention of the Sena­ .Mr. PEFFER. I desire to ask the Senator from W1Sconsin t.or from Colorado as well as the Senate to some facts which whether in view of the facts he has been stating it is his inten­ tion to argue th:1t eithm~ the Government or any individual per­ show th ~t the operation of this Iaw h as already begun by dis­ criminations now taking- place between silver certificates alid son, fi1·m, or corpora tion is losing anything, or has been losing the rest of the money of this country. Gresham's law, as it is anything, by reason of the excessive use oi silver certificates? called, is no more to be withstood than a law of nature. We Mr. VILAS. Not by reason alone of the excessive use of silver sometimes misunderstand the conditions which affect it and certificates, but by reason of the legislation in the interests of are disappointed in expectations; as the chemist who sets out silver altogether perhaps a thousand million dollars of loss has to m ake a certain precipitate may have misunderstood the chemi­ been inflicted upon the people of this country. Mr. PEFFER. Then will the Senator be kind enough to give .. cals he has put together, whereby his proposed experiment fails; but the operation of the law can not be escaped when the condi­ the Senate the benefit of his opinion as to how that loss has oc- tions exist. curred, how we may trace it, where it appears? - It is obvious : sir, the conditions now exist, to some extent, well Mr. VILAS. I can not turn aside from the course of discus­ marked. The operation of that law has, as Isaid,alreadybegun sion which I have laid out, especially in view of the indulgence upon our currency. L 3t any Senator or anybody within t he which the Sen:;tte has shown me, for the purpose of going into sound of my voice- t ake out his pocketbook and s.ee what is in another effort to demonstrate the effects of the panic last year it. Silver certifica tes! Yes, silver certificates almost invaria­ in volume or in cost. bly. It is a rare thing now if you have received your mon-ey in Mr. PEFFER. I beg- the pardon of the Senator; I was not in ordinary business intercourse to have anything but silver cer­ when the Senator began his discourse, so that something may tificates. Go to the bank with a check. In what will you be have passed that I did not h ear. pa.id unless you make some special request? In silver certifi­ Mr. VILAS. Now, Mr. President, let us think a moment. I cates. The lighter substance rises to the top. The more val­ have thus pointed out the effect upon our customs receipts~ and uable will not mix with inferior currency. The less valu:ible is the effect upon the use of money while silver certificates con­ tossed off first; and already the inferiority of silver certificates, stitute but one-fifth of the circulation and but two-fifths of the their subjection to this natural law of finance, is discovered by Government issues. What will be the consequence when they the fact that they are first disposed of by every person whore­ constitute one-third of all the circulation of the country, and ceives them. In all the business of the country they are the when the greenbacks and gold-bearing paper of the country first to be paid out, the last to be put in vaults for keeping, are reduced in volume to occupy the place of but two-fifths I draw attention to some figures which I think the distin­ while silver certificates hold the place of three-fifths? It seems guiEhed Senator from Colorado will recognize as tending to perfectly evident what consequences must follow. · prove this pr oposition. I refer to the receipts from customs. Let us observe, first, that it can not but result in producing the Examine the receipts from customs at the port of New York. evils of contraction. I am not going to enlarge upon that at After the Administration of President Cleveland began in 1885 length. It will be said perhaps that this evil is. not so great; and the measures which were taken by him and his-distinguished that contraction will not be very extensive; that we can be.ar and lamented Secretary of theTreasury, Mr. Manning, were rec­ more than we now sustain. ognized in the country and had their effect, business confidence Mr. President, I am per{ectly well aware that no law operates was so resto1·ed throughout the land that the other rule, of prefer­ with its full force until the conditions become fully favorable. ence for paper, prevailed and silver certificates were regarded as Water will freeze at 32 degrees Fahrenheit, but it will take a. good p:tper money and passed everywhere. They were no longer great while for- a pailfull to congeal if the temperature descends thrown off for their inferiority. no lower; whereas, if you let that temperature run down to 30 Mr. TELLER. Had they been before? degrees below zero your pail of water will very soon he a pail of Mr. VILAS. Yes; once they had been. I shall call attention ice. So it is with the operation of the law oJ Gresham upon cur­ to that by and by. From the year 1885 down to last year, I rency. At this time we see contra-ction already begun and the caU the attention of the Senate to the fact-- inferior currency thrown out to common use and inconstant cir­ Mr . TELLER. What is the Senator reading from? culation, while the better is more or less retired. Intensify Mr. VILAS. I am reading from the statement of the Treas­ these conditions by the addition of $200,000,008 more to the sil­ urer of the United States-his table No.l9 of the monthly re- ver certific3.tes, and the operation of that law will be more dras­ ceipts of customs at New York. - tic and the contraction more severe. From that year, 1835, down to the close of the year 1892, the The g-old-bearing paper and the gold circulation will sink high-est percentage of silver certificates in the customs receipts deeper into the recesses of the financial institutions of the coun­ of New York at any time was during the month of May, 181:)1, try, the money chests of the rich will close with a tighter grasp when 26.8 per cent of the receipts were paid in silver certifi­ over them, and the people will havet as they always have, the cates. In only one instance before during that time was so much poorer currency delivered out to their use. The difference be­ as 20 per cent paid. The general average of payments was not tween the two will beeome so marked that the evil effects of con­ o-ver 10 per cent during the years 1885 to 1893. In 1893 with the traction can not but be much more seriously felt th~ at the pres­ trouble in our curren~y came a resort again to the use of the ent time, although even now we do not find the gold currency in poorer currency. Distrust and apprehension showed their ef­ free circulation. fe"t• and silver certificates began to be paid in. In Mayo! last Mr. TELLER. I wish to ask the Senator if he is citing the 2840 CONGRESSIONAL RECORD-SENATE. MARCH 12,

fact that silver certificates are now being received for imJ?ort proposition that I m1de a few moments ago, that 'the effect or dues as an evidence that the people distrust them as money r this legislation is to cut off the gold supply of the Gove.rn ment. Mr. VILAS. Yes1 sir; the increasing percentage of such use. Mr. President, what is it that makes a currency acceptable Mr. TELLER. Th~m 1 would ask the Senator to turn his at­ which is not of itself intrinsic, like gold and silver, but paper tention to the authority he read a moment ago, where he will as the representative of coin? It is confidence. Distrust casts find that 95 per cent of the Government revenues were paid in it up at once. Now, there are singular illustrations in this table -gold cer tificates. Does th:1t argue that the people were afraid ·of the effect of distrust upon currency. When the Bland-Alli­ of gold certificates? son bill was enacted it provided for silver certificates. It pro· Mr. VILAS. No, sir. I shall call attention to that in a mo· vided only for a moderate amount of coinage, but there was very ment. general apprehension among- the people of this country as to the Mr. TELLER. I will not anticipate what the Senator pro- effect- which that legislation would produce in our finances. It poses to say. _ was received by a large portion of the world with a distrust and Mr. VILAS. I am going to discuss that table fully in all those a doubt which were premature. aspects. It shows the confidence and ease, as everybody knows Our silver friends have always thought that it was fa!se, and was the fact, during the prosperous times of this country. When they have cried out upon that falsity of belief as if it were one the Government credit is entirely unchallenged, gold certifi· of tl;Le arguments in favor of silver legislation. It was simply cates are freely in circulation. Now, silver certifi cates are h eld premature. People failed to allo,w the lapse of sufficient time yet by banks. They are counted as part of the banks' reserve, for the operation of the cauaes which were set on foot. It was and it was intended by that provision in the law of 1882 to m:tke believed by many that the law of Gresham would instantly pro­ them more acceptable to bankers. Yet with that privilege in duce its effects, but it had to ba taken into consideration that their favor I find in the statement of December 19, 1893, which for the full measure of its operation, first, there must be a vol­ is the .last one that has been t::tbulated, that in the national b::tnks ume of the inferior currency sufficient to displace the better alone, out of $414,000,000 held by the banks as reserve, but $34,- and meet the need of supply in volume, and, second, that it must 776, 253 were in silver certificates-about 8 per cent. possess mobility in use. Mr. STEWART. I should like to inquire if the Senator ob­ It required only the silver certificates to furnish the latter qual­ ser-ves whether there is any concerted effort on the part of banks ity of mobility, and it required time to obtain the first qualifica­ to des troy the silver certificates for the purpose of monopolizing tion of sufficiency in volume. It has now attained to a volume the issues of money of the country? If he can give us that in­ not sufficient to work all its evils, no doubt, but as I have just formation I shall be much obliged to him. pointed out, sufficient to mark their beginning and to indicate Mr. VILAS. I suppose that if I were to undertake it I could with that scientific certainty which political economy instructs. make every particular hair of the head of the Senator from Ne­ us in that the day approaches with growing force., and the vada stand upon end as I should point out the fearful combina­ Umger the condition is maintained the more extreme the con­ tion and confederacy of national banks. sequence will become. Mr. STEWART. Tell the whole truth and it will make the Let me show how singularly the sentiment of distrust has op­ hair of the country stand upon end. They feel the pressure erated in the payment of customs duties at the port of New-York. now. This table begins with June, 1878, and at that time gold sti11 • Mr. VILAS. _The distinguished Senator from Nevada sees furnished 65t per cent; but within four months after the passage conspiracy in everything. of the Bland bill, in June, when the early distrust of silver there­ Mr. STEWART. I certainly see it in this case. upon was rife, yet, altlwugh silver certificates were a small part Mr. VILAS. He can not deal with the questions which are of our circulation, very fen comparatively being issued, they presented without viewing them as the child looks into the dark­ paid 32.6 per cent of the customs dues. The next month, with ness of the night. increasing confidence, the use of silver certificates diminished, Mr. STEWART. You have made it dark for every house- and so diminished until in the month of January, 1879, it was 20per hold. . cent; in February it fell to 6 per cent; in March. to 2 per cent; Mr. VILAS. Mr. P1·esident, there is another consequence and during the summer of 1879, such was the good feeling in the which must ensue from the increase of the silver certificates, country upon the successful restoration of specie payments on which I wish briefly to point out, that is of far more serious the lst of January of that year that the percentage during some import than anything I have yet mentioned, and I thin~ it months did not exceed-6 or about 6 per cent. must be recognized as inevitable. If we add the volume of sil­ Mr. PLATT. What were the other payments? ver certificates proposed to what we now have we shall practi­ Mr. VILAS. The rest of the payments were mainly in gold cally cut off all the gold supply to the Government. I wish Sen­ until the-1st of January, 1879. ators on both sides of the Chamber to note that. Already the Now, observe another fact to illustrate this same rule. On marked influence of the silver legislation and of this great vol­ the 1st of January, 1879, greenbacks were distrusted. Why? ume of silver certificates is manifest in this direction, and there Mr. TELLER. How was that':' is no mora interesting table, ii viewed intelligently and fairly Mr. VILAS. Because resumption was an experiment at that in connection with this discussion, than this table of the receipts time. . of customs at New York. Mr. TELLER. It had taken place. It wili be i·emembered by all that during the war our customs Mr. VILAS. It began on the 1st of January. were.payable only in gold; and therefore, although we issued a Mr. TELLER. Mr. President-- large volume of paper money-nothing, even in that time of dis· Mr. VILAS. Let me state my proposition. tress, comparable to the insanity which seems to prevail nowa­ Mr. TELLER. I want to correct it. days-and although the Government was enormously in debt, Mr. VILAS. But it does not need any correction, and when yet with the firm hand that was held upon our financial policy the Senator hears it he will not undertake to correct it. the constant supply of gold was unfailing to the Treasury of the On the 1st of January, 1879, the experiment of resumption United Shtea; the customs receipts kept the Treasury strong to began. Preparation had been made for it. There was much p::ty every promise which was to be discharged in gold. In Hs63, apprehension throughout the country whether it could be main­ I believe it was, gold certificates were admitted to pay customs tained, and, therefore, whoever distrusted the Government notes as well as gold. There we stood until 1878 , and then was taken availed himself of the advantage of using them as gold by pay­ that first step in the financial legislation of this country which ing them in discharge of customs. It was the operation of the has introduced to us so many woes by the passage of the Bland­ samelaw.of distrLtst which sent that class of currency to the cus­ Allison bill. My distinguished friend from Nevada thinks it oc­ tom-house. Beginning on the 1stofJanuary, 1879, the customs re­ curred five years before. ceipts in greenbacks were 69.5 par cent. The next month they Mr. STEWART. I do. ran up to .90.9 per cent. Mr. VILAS. Yes, I know he thinks that. Mr. PLATT. Greenbacks? Mr. STEWART. -But here I want to ask a question. Does · Mr. VILAS. Greenbacks. The next month they went up to tha Senator think that crippling the greenback and requiring 96 per cent. The next month they stood at 95 per cent; and the ps,yment of customs dues in gold was a good thing? from that time on, after three or four months of successful re­ Mr. VILAS. Now, Mr President-- sumption and from jncreased public satisfaction with the con­ Mr. STEW ART. Docs he think it was a good thing? That ditions, the use of greenbacks for the paymel!t of customs dues can be answered, yes or no. fell off until in December, 1879, it was only 9.5 per cent. Mr. VILAS. Some time when I have a good opportunity I Mr. TELLER. Will the Senator allow me to again correct shall sit ddwn with the Senator from Nevada and we will have his hist-ory? . a ful! discuss Lon of that question and the silver question also. The PRESIDING OFFICER. Does the Senator from Wis­ ~fr . .__ TEWART. Tbe Senator will then give me the infor- consin vield? mat!Ju? · Mr. VILAS With pleasure. Mr. VILAS. No doubt; but at preseut I wish to pursue this Mr. TELLER.- I wgnt to ask the Senato1• if he is not aware 1894. CONGRESSIONAL RECORD-SEN ATE. '2841

of the fact, which everybody ought to understand, that at least authorized until just before that time, except to a small amount, three months before the 1st of January, 1879, there was not a sin- and they are not by law now payable for public dues in that re­ gie particle of premium on gold in this country? 'l'he public spect. mind had become so thoroughly satisfied that resumption would Mr. VILAS. What? Greenbacks? be a success, that there was no premium on gold for some time Mr. TELLER. No; they are not. before resumption took effect. There was never any question Mr. VILAS. That is true. of distrust anywhere after the 1st of January in the whole year Mr. TELLER. B ut when Secretary Sherman said he would of which the Senator speaks. There was only $11,500,000 of take them, they were turned in, and, of course, after the 1st of greenbacks taken to the Treasury for gold, and the Treasury J anuary they could be used for what they never could have been then h ad more than $140,000,000 of gold on hand. before; but that had nothing to do with the fact that it was be- Mr. VILAS. Mr. President, there is no doubt at all about lieved that the Government of the United States would notre­ the fact that before the day for resumption arrived the confi- deem those greenbacks in gold, because the Government met dence in the greenbacks increased; but I think the premium did every presentation with the gold to pay them, and everybody not entirely disappear so early as the Senator puts it. knew that the Government had the gold with which to redeem Mr. TELLER. Absolutely. them. Mr. VlLAS. I think the Senator is mistaken in supposing Mr. MILLS. And the reason of the premium was that the that confidence was universal and complete. importer had to buy gold to pay customs dues. Mr. TELLER. Oh, no. Mr. TELLER. That is it exactly, and what created the pre- Mr. VILAS. There was always the feeling of distrust and mium on gold in this country in the first place was that we de­ doubt until the fact became perfectly established, and nothing nied to the greenbacks one of the important functions of money, could prove that more satisfactorily than this very table which that they could be paid for public dues. I am discussing. Let me ask the Senator what accounted for Mr. MILLS. I think that the greenbacks had no such power this sudden use of greenbacks? What ·produced it except the prior to the 1st of December, 1878. fact that they were for the first time available as gold, and Mr. TELLER. Before the 1st of January, at any rate. doubt was felt of its continuance? What sent $12,000,000 to Mr. VILAS. Will the Senator be good enough to tell me why the Treasury for redemption? Distrust. What sent those he thinks on the 1st of January, 1879, there was the sudden pay­ gree:J.backs to the customs? A certain measure of distrust. m ont of 69! per cent of the dues in greenb:wks, and in the next Mr. TELLER. The Senator asks me what sent those green- two months 96 per cent of all the customs dues? backs to the Treasury? The Senator asserts that a certain con- Mr. TELLER. I will tell the Senator why I think so if he dition sent them there, which I say it is notorious did not exist. desires. I think for the first time the people then learned that It is for the Senator to show what sent them there. I am not they could use that money for that particular purpose. It was assenting to. it. He states that the greenbacks went there be- a convenient money to use; it was money in circulation; there cause of the fear that the Government of the United States could was not a great deal of gold at that time outside of the Treasury, not redeem. I say no such condition existed. and, therefore, the people took it to the subtreasury in New The moment resumption was an accomplished fact, the mo- York to pay their import duties; but if the Senator contends ment that Secretary Sherman said he would take greenbacks that such action was caused by distrust, he can not have been for import duties, that moment the premium on gold fell, as familiar with the condition of affairs at that time as some of that moment the greenback became for all practical purposes a the rest of us were. gold paper; everybody knew it, and nobody disputed it at that Mr. HOAR. The greenbacks were used not only for that time, though it had been disputed years before-nobody dis- transaction, but for all the other transactions of life. puted as late as three months before J anuary, 1879, the ability Mr. TELLER. Certa.inly; they were used for everything. of the Government to maint9.in resumption. If it had been dis- Mr. VILAS. Whatever may be the Senator's view upon this puted there would have been more than eleven and a half mil- question, or whs.tever may be mine, is not so material to the lion dollars of redemption running through twelve months. point to which I was carrying this argumep.t, and, therefore, I Mr. VILAS. Mr. President, I simply think that what the do not care to stop to wrestle over and dispute as to the history Senator asserts is not as notorious as he thinks. He is mistaken of the time. It is perfectly obvious from this statement, how­ about it. It was not the fact that the confidence was complete to ever, that the payment of greenbacks instead of gold for customs the degree which he indicates. A certain distrust prevailed, a dues was equivalent to presenting the grcenb:1cks for redemption distrust which wore away during that year when it came to be at the Treasury. It resulted from the h ::lders of the greenbacks seen that the experiment of resumption was successful. preferring to use them instead of the gold. It may be that one Mr. PLATT. May I ask the Senator a question? reason for it was that at that time the flow of gold to this country Mr. VILAS. Certainly. had not become sufficiently great to furnish an easy abundance of , Mr. PLATT. I ask the attention of the Senator from Colo- the metal for use, but it is remarkable that as soon a-s the experi­ rado to the question I am about to propose. When was it that ment of resumption was demonstrated to be a success the use of the Secretary of the Treasury announced that he would receive greenbacks fell off and the use of gold was resumed. Why? I greenbacks for customs dues? They were not legally payable think it perfectly obvious. As I remarkeu before-it has been for customs; but when did he make that announcement? remarked by every intelligent observer who has been in connec- Mr. VILAS. To begin on tbe 1st of January, 1879. tion with the Treasury of the United Sts.tes-the people always Mr. TELLER. He did not. The Secretary of the Treasury prefer to use paper when confidence in the paper is perfect. The in his report for 1879-of course a Senator can not always have coin is better lying in vaults than it is in circulation, and the these reports at his desk, though I know the statement I am paper is thought more convenient money when perfectly safe. about to make is true-reported to Congress that, in view of the Just observe how, with the restoration of confidence during the approaching resumption of specie payments, he had seen fit to course of the year 1879, people abandoned the payment of customs authorize the taking of greenbacks for public dues. I can get duesin greenbacks and used gold instead. the report if the Senator disputes my statement, but I assert In January 6.1 per cent of gold and 3. 9 per cent of gold certifi­ here, and I am willing to stand on it, and challenge the Senator cates, 10 per cent altogether of the customs duties. were paid in to dispute it, and I mean to show it from the records of the coun- gold, and 69-§- per cent in Government notes. Iri March only try-- seven-tenths of 1 per cent were paid in gold and gold certifi cates, Mr. PLATT. Does the Senator mean prior to resumption? and 96.4 per cent in greenbacks. Then gradually this distrust Mr. TELLER. Prior to resumption. From that moment there disappeared, the use of greenbacks diminished, and the use of was no longer any premium on gold. gold increased. So in December 66.9 per cent were paid in gold Then, if the Senator will allow me, as he has challenged my coin and but 91 per cent in greenbacks. From that time on the statement, during 1877 and 1878 there was a great controversy as greenbacks diminished, until the average during some years to whether we should be able to resume specie payments on the afterwards was hardly 5 per cent. amount of gold we could collect. I remember hearing it dis- Mr. HOAR. Do I underst..'tnd the Senator that during all that cussed in this body. I do not believe that we took of greenbacks i time the Government accepted either gold or greenbacks? during the year t878 mora than 5 or 6 per cent at the time the Mr. VILAS. Yes. distrust was rife. . Mr. HOAR. Then, does the Senator say that the Government, Mt·. PLATT. Then, during the first year after resumption a being willing to receive either gold or greenbacks at the alec­ large number of greenbacks were paid in for customs, which tion of the payer, the fact that the payer distrusted the green­ amounted to a practical presentation of them at the Treasury backs made him pay gold instead of greenbacks? for redemption; so that, instead of $11,000,000 being presented Mr. VILAS. Precisely the contrary. for redemption, practically $11:000,000 and all the greenb:;LOks Mr. HOAR. I thought that was what the Senator said. paid for customs were presented for redemption. Mr. VILAS. The Semttor is mistaken. We have had a con- Mr. VILAS. Nearly all the customs dues. siderable discussion here on that point. Mr. TELLER. Their payment for customs dues had not been Mr. HOAR. I understood the Senator to say that during the ·- 2842 CONGRESSIONAL RECORD-SENATE. MARCH 12,

latter part of 1878, when the Secretary of :the Tre.'lBury adver­ silver received in. l892? He has referred to the lack of gold. tised that he would accept greenbacks for customs dues, there Will""he give us the amoum of silver received? came large paym ents in greenbacks prior to the resumption of Mr. VILAS. The amount of silver certificates during 1892, I specie payments, that then it gradually fell off during the year , should s::ty, averaged about 12 per cent. and in the latter part of the ye.ar the proportion of gold paid in Mr. TELLER. What was the amount of gold? was much greater. - Mr. VILAS- The year began with 66.2 per cent of gold and Mr. VILAS. That was in 1879, because of the increased con­ gold certificates. It ran down until but 4 per cent was paid, fluence in the greenbacks and in th-e success of resumption. and all during last yea.r a very small percentage of gold was re­ Mr. HOAR . Then the Senator sa id a person hav]ng to pay, ceived until the time of gold importations in the fall. Since liking the'gree]lbacks better and all the time having his choice, then the diminished usa of gold has aga~ n appeared until in paid out more of the greenbacks because he had more confi­ February of this year the entire amount of gold and gold cer tift­ dence in gold. cates received was but 1. "/ per cent. Some days-! have the Mr. VILAS. I am sorry the Senator misunderstood me. I daily slips at hand-not a _dollar of gold was paid into the cus­ shall endeavor to make my point clear to the Senator from :Mas­ toms office at New York; wbile as high as 80 per cent was paid sach uset ts. I make this g eneral proposition that, ordinarily, in silver certificates. when entire confi dence pl·evails, the history of our Treasury Mr. President, I am now calling atttention to the condition of shows that the people prefer the use of paper to coin. our fi scal affairs as it is with silver certificates bearing t he pro­ Mr. H OAR . To pay it or to receive i t ? That is my point. portion only of one-fifth of our circulation. Let me ask my Mr. VlLAS. To k eep it for their current use, and they will friends what they think will be the condition. when silver cer­ get rid of the coin r J. th er than the paper, for the coin is an in­ tifi cates shall. by the passage of the pending bill, bear the rela­ convenient form of money for traffic and for use. They then put tion of one-t hir d of our entire circulation, and when of the Gov­ the coin in the T reasury of the United States, take out certifi­ ernment issues, instead of being two-fifths they become three­ cates for it, pay it in for customs dues, and use the paper in cur­ fifths; when instead of $338,000,000 we h ave over $54:6,000,000 of rent circulation; but the moment distrust begins they discharge silver certificates? If now we receive less than 8 per cent of themselves of the paper, and coin begins to be put away in the customs in gold, can anyt.hing then be hoped for in gold? strong box; a nd these t ables illustrate how, with distrust pre­ The da.nger to a country in trying to carry a currency of an vailing, greenbacks were paid; and confidence being restored, inferior kind does not continue in accordance with the propor­ the use of gree nbacks to pay duties diminished and the use of tionate increase of such currency. When you reach the point gold was resumed. · of saturation, so to speak, any addition may produce a greater Mr. President, to go back to the period and to bring this table effect of injury than th,e p1·oportionate increase of inferior cur­ to the purposes for which I called it-- rency. A similar la w obtains in r espect to that which obtains Mr. TELLER. May I interrupt the Senator? in regs.rd to the price of goods. It is the excess of supply which Mr. VILAS. Certainly. marks and fixes the price, and lowers it much beyond what the Mr. TELLER. I was under the -impression that wh-en the quantity of excess would proportionately indicate. So with the Secretary of the Trea.sury declared he would receive greenbacks question of money. The excess in volume will affect its accept­ for public d ues, he declared he would receive them at once. It ability more thSJ,.n the increase itself would seem towarrantpro­ appears that he declared he would receive them on the 1st of por tionately. January, 187 9, but he made the declaration before. In his report V'le h ave reached with silver certificates the point of satura·

of December, 1 S78~ just before resumption1 he says: tion. J have shown alre:1.dy that our silver certificates are be­ A satisfa ctory arrangement has been made by which all drafts on the banks ing thrown up as inferior currency. Put $200,0JO,OOO more on held by the Treasury are to be paid at the clearing-house; and all drafts on top of what we now h ave and what must be the result? Can it the Treasury held by them are to be paid to the clearing-house a.t the office of the assistan t tre::tsurer, in Unit~d States notes; and after the 1st of be disputed that the gold supplies of the Treasury of the United January Un ited St a tes notes are to be received by them as coin. This will States will be utterly cut off'? Who will pay gold to the Treas­ greatly lessen the risk and labor ot collections both to the Treasury and the ury of the United States when a currency inferior in everyway, banks. aleeady tossed off for inferiority, shall be so abundant? I was under the impression that he received the greenbacks Mr. President. there is no other source of supply of gold for at once, but it seems he did no~ but received them on the 1st of the Treasu1·y. The Secretary h as but lately resorted to the act of January, 1879. The declaration was made, however., .as I said, 1875 and by issuing 5 percent bonds and claiming a price for them and the premium on gold ceased. ~ which makes t he interest only 3 per cent, he ha.s succeeded Mr. VILAS. Then the fact which I stated remains, and the by s trong appeals-and I say it openly-to the patriotism of the , iull force of the argument derivable from that fact remains also. moneyed men of New York and other parts of the conntl'y, in Mr. TE-LLER. I think the fact that on the 1st of January 60- obt::iining gold for present necessities, without injury, but with - odd per cent of greenbacks came in to pay customs duties is es­ advantage to the public. But, sir, the experiment can not be tablished; but I doubt the inference the Senator draws. r epeated. It might as well be plainly and openly declared. He Mr. VILAS. I can hardly expect that I will ever reach the can not go again under the act of 1875 and b orrow gold in New point where the Senator and I shall draw the same inference York, unless he pays all the interest which the act of 1815 au­ from facts -touching the sUver question. We shall on almost thorizes and probably more. It will be impossible for him to everything else beside. _ again ,borrow gold without paying high rates of premium for Sie, I wish t

I period. Almost the whole net loss of gold sustained during this time was, only to remark a.gain in conclusion, thatwhat.seemstocommend therefore, due to the redemption of notes. It reduced the gross holdings by this bill to somB who are pressing it with such eagerness, is to $59,000,000 and the reserve by $29,000,()!)0. me the best proof of its perils. The inspiration of the proposed Thus, beginning in 1892, when the portents of the coming statute does not come from men known to be conservatives in re­ panic were visible only to the instructed financier and most spect to the finances of this country, but springs from those most thoughtful men, tbe gold began to go from the Treasury, and insistent upon free silver .coinage and the adoption of the silver in seven months $81,000,000 disappeared. Let me ask Senators standard. what they think will be seen when they declare to the world, It is the ''friends of silvm.·" who most hotly urge the passage by the enactment of this proposed law, that they have cut off of this bill. It means in their .expectation, as it means in my the supply of gold from the Treasury, and left no resource from fears, a dangerous step toward silver monometallism; it means, which to obtain it, while $500,000,000 of currency depends for if that succeed, to attempt to strike down the value of debts its acceptability upon the power of $106,000,000 of gold to re­ by despoiling creditors, to strike down pensions ()ne·half, to deem itr strike down the credit of the Government, to throw us aO"ain But that does not measure the full duty charged upon the gold into financial convulsions, the distress and ruin we already see reserve; that is not all the risk which the Secretary of tbe around us not being yet sufficient to deter us from a repetition Treasury must encounter. He is charged not only with there­ of such reckless and dangerous experiments. deemability of the greenbacks, including the Sherman notea, In a few days, sir, I hope to see the. Senate perform an act of but he is charged with maintenance of the parity of our circular long-delayed justice to the people of this country, an act of jus­ tion, and _:we all know that this means the Treasury must keep tice for which I have yearned for years, the turning back of all of the circulation which is not gold or gold-bearing paper, up that species of legislation which lays burdens upon the many for to the level in value and acceptability of gold, dollar for dollar. the benefit of the few; but let me say to our friends, if there _ What is the quantity of circulation which he has thus to main­ be any who entertain the impression that there is justice in a tain at that standard? I turn to the last Treasury statement, measure which will rob creditors under the forms of law, that a.nd find there were in circulation, aside from gold and gold cer­ justice is not the justice of Democracy. It is the justice of an­ tificates, on the 1st of March, $l,122,909,04:0. Are we to expect archy. The commune of Paris, in the bloody revolution, may him to mainhin the eleven hundred and twenty-two millions of have done some deeds of justice, but it overturned society and paper and silver circulation at a parity with gold with one­ deluged humanity with horror. Let us be just on both hands, eleventh that amount only for a reserve, at the same time ad­ honest with debts, honest with our fellow-countrymen, and vertising to the world that there is no supply beyond? above all with the faith and credit of the Government, which Sir, can any be so blind as not to see this bill will put a great ought to be the dea.rest object on earth next to Hs integrity and .and increasing strain upon the public credit and add vastly to the preservation of all its principles of liberty. the perils which now beset the Treasury? That alone ought to defeat it, because there is no exigency for its passage, no needed [Mr. ALLISON addressed the Senate. See Appendix.] benefit to be given by it. If, even, we shall by good fortune es­ cape the worst it menaces, what demands such an exposure of M~. ~OLCOTT .. Mr. President, it would personally be very the country's welfa!"e? gratifymg to me 1f some arrangement could have been made Mr. President, I suppose there may be some men who believe whereby the amendments which the Senator from Iowa [Mr. there is a sort of justice in a return to the silver standard in this ALLISON] has suggested might have been presented to the Sen­ country, with ail that it implies in the destructicn of debts and ate for consideration. I have not charge of the bill; I have not the breach of the obligation of good faith, in order that they shared in the responsibility of the charge of the bill. I should who are debtors may pay their debts, as it is said, with 50 have been glad to have seen those amendment-s discussed and cents on the dollar. I do not see how men can contend for that voted on; and yet, Mr. President, it is likewise true that the principle, but this legislation can be accevtable to none who are friends of this measure, if there be a majority in favor of it, not willing to face that responsibility. That is the abhorrent nave a right to see it pass. It is true that every attempt to se­ condition with which it threatens us. It means to take awav cure unanimous consent that amendments should be offered and the strength of the Government to maintain the parity of our the vote taken within a certain specified time have failed of currency; it means th" peril of falling to the standard in value unanimous agreement; and failing in that agreement, it is, in my opini-on, infinitely better that the bill should be voted upon ior the dollar of America of 41~t grains of minted silver in place of 25.8 gra.ins of gold. as it stands. But, sir, I have heard it said that the operation of this law I can bear witness, Mr. President, that every step concerning will be slow; that the Secretary of thB Treasury can defer it; the passage of this bill was taken with order and with delibera­ that he need not hasten to issue the silver certificates. As Ire­ tion. The Senator from WestVirginia[Mr. FAULKNER], in the marked the other day, that depends on whether he obeys the chair, paused. and answered inquiries as to the parliament:lry law in the spirit of its enactment or obstructs obedience to it in situation, giving opportunity at every step in the progress of a spirit of regard for his country. Shall we enact laws which this measure tQ the stage which it has now reached for those depend for the preservation of the welfare of the country on opposed to it to have presented their objections, and there were their disobedience or upon an obstruction of tb.eir -execution in numbers of Senators on the floor of the Senate opposed to the the spirit in which that execution is decreed? Mr. President, passage of th.e hill, as it appears now, who sat .mutely still and we are entering upon evil days when we adopt that principle in made no protest against the announcements which were made. our legislation. · There is another reason why it may be well that this bill Mr. TELLER. I should like to ask the Senator if he has should stand at the stage which it has now reached, &nd that is heard any of the advocates of the passage of this bill make such that we may have an illustration of the truth that- candor and a suggestion as he has stated, that we are to depend upon the sincerity and frankness are as important in matters of public Secretary not to enforce the law? legislation as they are in matters of private conduct. Mr. VILAS. No, sir; not on the floor of the Senate, but in When this bill came over from the House of Representatives, conversation I have heard it suggested over and over again, in those having it in charge presented it to this body under the the way I indicate, that it lies with the Secretary to protract for ide~ and the belief that it would be duly sent to the proper com­ a long time the coinage directed to be effected ''as fast as pos­ mittee, deliberated upon, and, if approved., returned here for sible." passage. There was no concealment of the fact that the ene­ Mr. TELLER. By the friends of the bill? mies of silver and the enemies of this bill intended to use it as Mr. VlLAS. By Senators who have said they would vote for a buffer, as an obstacle, as a football, as an impediment to pre­ the bill; and I desire to urge upon them that they are taking a vent the consideration in this Chamber of the .great tariff bill, firebrand in their hands to deal with the dearest interests of which has been recently J•eferre.d to the Finance Committee. It / their country. is no secret that there was practically an understanding that this But let me answer also a further word. Events affecting bill should be kept before the Senate, that it might oppose and financial conditions are alwa:vs anticipated. When it shall be resist any attempt to r each a consideration of the tariff bill. declared to the people of this cguntry and the world that the When the Senator from Ohio Mr. [SHERMAN], who it seems Government has entered upon such a policy as this, that it will was perhaps not wedded to such a eou!·se, saw fit to move its issue such an amount of inferior curr.ency, eut off its supply of reference to the Finance Committee, when the objections now gold, and strip itself defenseless before the voracity of the money­ raised by the Senator from Iowa and the objections raised by changer, then it will not be neees3ary to wait until the silver other Senators could have been made, the Senator from Ohio certificates shall all be printed and issued to the country before rooeived -only 7 votes in support of his motion, 4 of which ca-me its e ffects will be in la1·ge measure realized. ~ from the other side of the Chamber- and the Senators on this Sit·, I have already taken more time by far in this discussion side, now so extremely anxious that this bill should be modified than I intended, and I again appeal to the consideration of the and amended, that its grammar shO'.tld be a ccurate and its pu.r~ Senate that it has not been due entirely to myself. I desire po.se undonbted1 that it should be so framed as to pass the scru- 2844 CONGRESSIONAL -REOOR.D-SENATE. MARoH 12,

tiny of scholars and of courts, voted against sending it to the made a thousand times in debate, but I never heard it mado un­ committee, whose duty it would have' been to put it into shape. til now by any man who was a gentleman in his behavior. In view of these facts, I do not think it possibly a mistake that Mr. WOLCOTT. I thought the Senator had done it so often this bill shalf ~tand as it is, to serve as an example and as a that he would have failed to make so simple an interruption as warning. he has, and put words into my mouth which I never s ~tid, and The bill itself has no particular value to those who adhere to put an interpretation on my language which I never intended. the doctrine of bimetallism. The bill is crude, is roughly drawn, Mr. President, passing to the second section of the bill, it pro­ is extremely ungrammatical, is very clouded, is open to scores vides: of objections-objections which I believe I can show would all be After the coinage provided for in the first section of this act, the r emainder brushed away if a judicial decision were called for or if a Secre­ of the silver bullion purchased in pursuance of said act of July 14, 1890, shall be coined into legal-tender standard silver dollars as fast as possible, and tary of the Treasury were called upon to pass upon the bill. the coin shall be held in the Treasury for the redemption of the Treo.sury The bill is not what it should be; but, Mr. President, it serves notes issued in the purchase of said bullion. That as fast as the bullion one purpose, and only one so far as the friends of silver are con­ shall be coined for the redemption of said notes, the notes shall not be re­ cerned, and that is, it coins into money a great mass of bullion issued, but shall be canceled and destroyed in amOtmts equal to the coin held at any time in the Treasury, derived from the coinage herein provid~d now in our Treasury. We have heard for years from the other for, and silver certificates shall be issued on such coin in the manner now side of the water talk frop1 France and from England and from provided by law. Germany that the great mass of bullion now in the Treasury of This bill may bear the construction that as to Treasury notes the United States was a menace to bimetallism in Europe, be­ redeemed in silver those Treasury notes shall be canceled and eause the United States might dump it upon the world. The silver certificates issued in lieu thereof. It may not bea r that coinage of the silver proposed by this bill prevents that. It is construction; but it occurs to me, Mr. President, that even if the I ~ood money: it is better money than most, for it has back of it bill means the other, if it means that all Treasury notes of the the credit of the Government and the silver bullion; it is money United States returned under the Sherman act shall be can­ which it is better for the people of this country should be issued celed and silver certificates issued in their place, that issue is than that we should borrow money and pay interest upon it. It one which the enemies of silver and the opponents of the pend­ is a better policy that we should take that which belongs to ing bill might well welcome. us in the Treasury, make it into money, and pay it out to meet There has been constant complaint that silver was bearing too our deficit, than that we should borrow money, with or without much of the burden of our currency. If, then, you can lift $150,- authority of law, and bind the people of the United States to pay 000,000 of Treasury notes, which your insufficient supply of g old interest upon the sum so borrowed; and, although it is a thank­ has had to stand sponsor for, and make silver alone its backer, less task for us to deliver to an unwilling Administration $55,- is the country not the gainer? Are your Treasury notes not 000,000 to meet a needed deficit, it is, in my opinion, infinitely then rendered more valuable? Is not your gold monometallism better that it take its money in this way, than that the Sec~e­ made more stable? Is not your supply of money redeemable in tary of the Treasury shall continue to issue more bonds to meet gold, backed by a greater proportionate security? debts which he will soon be called upon to pay. There is talk about the inferiority of the silver certificate. The bill itself, as I say, is crude and imperfect, and yet, Mr. It has no inferiority in fact. The whole world over the silver President, in friendly hands it is not difficult to construe. It certificate is exchangeable for as many sovereigns, or as much makes a vast difference whether you look at a measure of this gold, or as much gold exchange as a gold dollar, or a Treasury kind with the idea that you wish to defeat it, or with the under­ note, or a gold certificate. It may be that if it shall be suffi­ standing and idea that you wish to comprehend it. ciently attacked in this Chamber and elsewhere by its enemies, The Senator from Iowa said he would state without fear of it may be finally discredited. The bankers of the country were contradiction that the first section of the bill authorizes the issue able to create a panic respecting the Sherman law, and it is pos­ of $110,000,000 as seigniorage. In my humble opinion the sec­ sible that Senators and others may createadistrustof om· silver tion means nothing of the kind, and can not be construed or cortificate; but up to this time such distrust has never existed. tortured into such a meaning. It says: It is as strong to-day, as valuable to-day in the markets of the The sum of $55,156,681, and such coin or the silver certificates issued thereon world as the gold dollar, or the gold certificate, or the Treasury shall be used in the payment of public expenditures, and the Secretary of note. It is not an inferior money, it is superior money; and, the Treasury may, in his discretion, if the needs of the Treasury demand it, Mr. President, if, as I say, the support of gold is withdrawn issue silver certificates in excess of such coinage: Provided, That said ex­ cess shall not exceed the amount of the seigniorage as herein authorized to from it, wherein is the objection? I ask any Senator wha t is the be coined. objection? We have not gold enough to meet our Treasury notes and our gold certificates; and where 1s the objection to The clear and palpable meaning of the words "in excess" is having $150,000,000 of silver certificates receivable for custom "in anticipation of; in excess of the coinage; in advance of." dues which are backed by silver, and not by the gold? Nor does it require a forced construction of the word" exceed" It occurs to me that the objection which has been made as to to find that meaning. It is derived from "ex" and "cedo," "to this clause of the bill is an objection founded in opposition to the go out; to go before; to go beyond; to transcend." The antici­ measure, and not founded upon any well-grounded apprehension pation may authorize the issue; but the proviso that the coinage of danger to the public interests. shall be limited to the amount of $55,000,000, in my opinion, is There is still another and stronger reason, Mr. President, why as clear_a limitation upon the authority of the Secretary of the this measure should stand at thest:lge which it has now reached, Treasury as to the amount of the seigniorage as the English lan­ and that is, that it shall make way for other legislation, that it gurge could afford. While we might change the words "in ex­ shall not stand in the road of the tariff legislation for which the cess,, to "in advance of" or "in anticipation of," the words country waits. If there is one question more than another which stand clearly defined, and limit the powers of the Secretary of needs speedy action it is our tariff legislation, and it is impossi­ the Treasury. ble for me to unde ~·stand how· any patriotic citizen can desire, Mr. HOAR. Will the Senator allow me to ask him a question? in view of the prasent awful financial situation, that the discus­ Mr. WOLCOTT. With pleasure. sion upon the tariffshouldlasta daylongerthanisabsolutely nec­ Mr. HOAR. Suppose in the fourteenth line where it now essary. We were told at the time of the bankers' panic and reads, "issue silver certificates in excess of such coinage," the when Cong-ress was first called together at the last session that word" not" should be inserted, so that it would read, "issue the Sherman law was the cause of the panic and of our troubles. siher certificates not in excess of such coinage," would it make When it was found that a majority, answering the dema nds of any difference in the Senator's opinion in the meaning of the the Administration, was ready to repeal the law, Senators upon bill? this floor and elsewhere, casting an anchor to windward, b agan Mr. WOLCOTT. Oh, yes. to claim that it was the threatened tariff legislation which pro­ Mr. HOAR. I understand the Senator's argument to be that duced the hard times. They hlk of it now as if threatened it would not. tariff legislation was what had brought on the impoverishment Mr. WOLCOTT. Then, the Senator misunderstands my ar­ which exists throughout our country. gument entirely. Mr. President, one would imagine, from hearing the talk, that Mr. HOAR. If I understand the Senator, the whole bill means the McKinley law had been repealed. Senatorsforgetthatthese in anticipation of such coinage, but not to be in excess of it. So hard times exist and the McKinlev law exists with them. We thatthe word "not" inserted in that line would make the bill a re not proceeding under free trade; we are proceeding under mean exactly what the Senator says it means now. the McKinley law; and yet Senators claim that the threatened Mr. WOLCOTT. If we should put in" anticipation of butnot legislation makes the hard times. If that be so, l'low infinitely in excess of," it would be clear. I am not responsible for the better it is that that threat be either proved to be baseless or else failure of the Senator from Massachusetts to comprehend this the real condition be disclosed to the American people. bill. I hope he does not consider that I am responsible for his Since last spring we have seen five hundred and ninety-eig·ht failure to comprehend its meaning. banks close; we have seen eight hundred large manufactories Mr. HOAR. Well, Mr. President, that ancient joke .has been close their doors; we h ave seen fifteen thousand mercantile 1894. CONGRESSIONAL RECORD-_HOUSE. 2845

·houses go int.o bankruptcy; we have seen the Norther n Pac.ific, The SPEAKER pro tempore. Is there objection to the present the Reading, the Erie, the Union Pacific, and sixty-seven other consideration of thi& b-ill? railr o:id systems, comprising nearly 20 per cent of the railroad Mr. STALLINGS objected, but subsequently withdrew his mileage of the count_ry, pass into the hands of the Federal court~, objection. on lear~ing that the bill had been consi9-ered at aFri-- which are now runmng them. You can not tell me that that 1s day evemng sesswn. - caused by threatened tariff legislation. If it is, let us have the The bill was_ ordered to be engrossed and read a third time, tariff legislation and see what is left, if anything. Our pres3nt and being engrossed, it was accordingly read the third. time, troubles do not come, Mr. President, from tariff legislation. and passed. The issue is blinded, the people are befooled, and we are entitled 1 Mr. RANDALL moved to reconsider the vote by which the to h ave it settled as to whether or not it is the monetary policy bill was passed, and also moved that the motion to reconsider be of the count ry or t ariff legislation threatened, or to come, or at laid on the table. present existing, which produces the awful condition in which The latter motion was agreed to. We now are...... ENROLLED BILL SIGNED. The people of our sectwn are m a large maJOrity protectiOn- M p . . ists. Of late months th ere are many of them who all their lives r. EARSON' from the. Committee on Enrolled B1lls, r.e- h ad been protectionists who have come to the opinion that if we ported that .they.ha~ exammed and foun~ truly enrolle~ a bill followGreatBritaininfinancialpolicyweshouldlikewise join her of the.followmg title, whe~ the Sp e~ker s1gned.the sa~ e . as to our economic methods , but the majority of our people still ~ blll (H. R . 45!1) to ~a.k~ servwe con.nectwns w1th water cling to the belief that American labor and American manufac- roams and sewers m the DistriCt of Columbia, and for other pur- tories should be protected. The McKinley law has brought us no poses. especial benefi t. Our condition under the proposed legislation MESSAGE FROM THE SENATE. will be even worse. We are interested only in lead and in wool. A message from the Senate, by Mr. PLATT, one of its clerks, We are cat down somewhat on lead in the proposed tariff bill, announced that the Senate had. passed bills of the following ti­ and the d uty on wool is swept away. But we are accustomed to tles; in which the concurrence of the House was requested: adverse legislation. Our people believe, however, that it is A bill (S.192) for the relief of Joseph W. Carmack; time we had a chance to ascertain what it is that causes the A bill (S.187) for tbe relief of Frederick Gramm; trouble. They believe that the tariff legislation should be got A bill (S.191) for the relief of George A. Orr; out of the way in order that it may be demonstrated to the world A bill (S.194) for the relief of Napoleon B. Giddings; that the action of this Government in demonetizing silver and A bill (S.l93) for the relief of JohnS. Neet, jr.; failing- to enact a law for its free and unlimited coinage and in A bill (S.195) for the relief of Ezra S. Havens; joining the countries of the Old World simply means, inevitably A bill (S. 634) granting a right of way across the Scarboro Rill means, t he degradation of labor, the impoverishment of the tiller military reservation to the Ilwaco Railway and Navigation Com­ of the soil, the ruin of the de btor, and the retarding of progress pany; and of civilization throughout our country. A bill (S.189) for the relief of John M. Davis; Mr. MILLS. I move that the Senate adjourn. A bill (S. 443) to provide for the sale of new tickets by the The motion was agreed to· and (at 5 o'clock and 24 minutes p. street railway companies of the District of Columbia; m. ) the Senate adjourned until to-morrow, Tuesday, March 13, A bill (S.131) making appropriation to pay the damages re-: 1894, at 12 o'clock m. sulting to the persons who went upon the Crow Creek and Win­ nebago Indian Reservation in the State of South Dakota, between the 17th day of February and the 27th day of April, 1885; A bill (S. 891) authorizing the.Commissioners of the District HOUSE OF REPRESENTATIVES. of Columbia to accept payment without interest of certain spe­ MONDAY, Jl{arch 12, 1894. cial assessments, and for other purposes; A bill (S. 354) relating to acknowledgments of · instruments T h e House met at 12 o'clock m. affecting real estate within the District of Columbia; -T he Clerk, Han. JAMES KERR, called the House to order and A bill (S. 1190) granting an increase of pension to David S. directed the reauing of the following letter from the Speaker: Corser; ·- . SPEAKE R ' S ROOM, HOUSE OF REPRESENTATIVES, A bill (S. 223) for the relief of Isham T. Owen, of Missouri; Washington, D. 0., M arch 12, 1894. A bill (S. 326) for the relief of C. B. Bryan & Co.; Sm: I her eby n ame the Ron. A. M:. DOCKERY, a Representative from the State of Missouri, to perform the duties o! the Chair for this day. A bill (S. 58) for the relief of William Clift; CHARLES F. CRISP, Speaker. A bill (S. 403) for the relief of William H. Atkins, formerly Hon. JAME S KERR. commissary sergeant, United States Army; Clerk House of R epr esentatives, Washington, IJ. 0. A bill (S. 474) for the relief of Wells C. McCool; Mr. DOCKERY a.ccordingly took the chair as Speaker protem­ / A bill (S. 506) granting an honorable discharge to William pore. Pierce; · . Prayer was offered by Rev. J. J. DOLLIVER, of Dodge City, A bill (S. 910) for the relief of Eunice Tripler, widow of Charles Iowa. S. Tripler; _ The Journal of the proceedings of Saturday was read and ap- A bill (S. 470) for the reliefof George H. Jewett, of Arlington, proved. - Washington County, Nebr.; · · .. . _ MANUFACTURE OF POSTAGE STAMPS. A bill (S. 467) for the relief of Brig. Gen. John R. Brooke, The SPEAKER pro tempo're laid before the House a letter from United States Army; . the Secretary of the Treasury, transmitting, pl,Jrsuant to House A bill (S. 469) for the relief of Adolph von Haake; . resolution, information relative to the proposal of the Bureau of A bill (S.142) to remove the charge of desertion from William Printing and Engraving to manufacture postage stamps, also as to H. H. Cook; and . what additional appropriation will be made necessary for build­ A bill (S.144) to correct the military record of John W. Tay- ings, machinery, etc., incident to the execution of such proposal; lor. : - which was referred to the Committee on Appropriations and or­ ORDER OF BUSINESS. dered to be printed. Mr. HEARD. Mr. Spe::tker, this being District day, I ask for INDIAN SCHOOL, CHEROKEE, N. C. the regular order. · - - · · ·- The SPEAKER pro tempore also laid before the House a letter The SPEAKER pro tempore. The regular order is demanded. from the Acting Secretaryof the Treasury, transmitting acom­ The Clerk will read clause 2 of Rule XXVI. municationfrom the Secretary of the Interior submitting an esti­ The Clerk read aa follows: mate of an appropriation for Indian school a.t Cherokee, N. 2. The second and fourth Mondays in e.a0h month shall, when claimed· by the Committee on the District of Columbi.a, be set apart. !or the considera­ C.; which was referred to the Committee on Indian Affairs and tion o! such business as may be presented by said committee. ordered to be printed. _ Mr. HEARD. Mr. Speaker, there are several bills relating MRS. ELIZA B. PEffiCE. to the District upon the Calendar, and I desire to call them up Mr. RANDALL. Mr. Speaker, I ask unanimous consent for and have them considered in the order in which they stand the present consideration of the bill which I send to the desk there. being a bill (H. R. 3858) to pension Mrs. Eliza B. Peirce, wido~ METROPOLITAN RAILROAD COMPANY. of Charles Peirce of New Bedford, Mass. The bill was read, as follows: _ Th~ first bill upqn the <;Jalendar . was a bill t H. R. 6171) to au­ thorize the Metropolitan Railroad Company to change its mo-: Be i t e-nacted, etc., Tha t the Secretary of the Interior be. and he 1s hereby au~horized and ~i re.cted to place upon the pension rolls, subject to the ,Pro: tive power for the propulsion of the cars of said companv. visiOns and lim1tat10ns or tbe pension laws, the name o! Eliza B Pe1rce The bill was read, as follows: Widow or Charles P e ir ce, late or the ship Edward, Mexican war, and allow B e it enactea, etc., That the Metropolitan Railroad Company, incorporate

2846 CONGRESSIONAL RECORD-HOUSE. MARon 12,

J be and the same is hereby, authorized, empowered, and required to equip ~nd operate tbe lines of their cars upon and along all the streets and ave­ reference to what I have already said, I will yield; otherwise I 'nues of the cities of Washington and Georgetown, within the District of hope he will not undertake to anticipate what I may say, for I Columbia, where the lines of their road or any part thereof are now laid shall try to cover the whole case. and operated, and a.s hereinafter provided with an underground system Illinois~ ·tor propulsion of such cars: Prvoided, That the change to an under­ Mr. HOPKINS of The gentleman was stating that ground system shall be completed within one year after the date of the different parties had been heard before this committee. I approval of this act on the streets, avenues, and at the places following, wanted to ask him whether the government was represented to wit: Beginning at Four-and-a-half street and P street southwest.~ run­ ning thence north on Four-avd-a-half street to Missouri avenue; thence west on its claim of $147,000. . on Missouri avenue to Sixth street; thence north on Sixth street to B street; Mr. RICHARDSON of Tennessee. I have just stated dis­ thence west on B street to Ninth street; thence north on Ninth street to tinctly that this LrOvernment was heard through its attorneys, Florida avenue; thence northwesterly on Florida avenue to Tenth street. ·That within two years thereafter the change to an underground system shall that the District Commissioners were heard in person and by lle completed upon all the residue of the lines of said company, including an attorney and they represented that very claim. extension thereof on East Capitol street from Ninth street east to Thirteenth Mz:. HOPKIN~ of Illinois. Is there anything in this bill that street e~st, around both sides of Lincoln Square. SEc. 2. That the said company is hereby authorized and empowered to is­ prov1des for paymg the government tha.t sum of $147,000? sue its bonds, secured by o. mortgage on its franchises and other property, Mr. RICHARDSON of Tennessee. If the gentleman will be to such amount as may be necessary to pay the cost of the work to be done patient a few moments I will endeavor to cover that point, but and of the materials required ana the expenses incident to the change to be I want to take up these matters in some order. made as provided in this act, but not in excess of such cost. SEc. 3. That nothing in this act shall be so construed as to invalidate o After giving these hearings, Mr. Speaker, and considering in anywise affect the suit nowpending in any court of the District of Columr tbe whole matter as presented to us, we reached the conclusion bia. against the said company for the forfeiture of its charter for nCJnper-· set I formance of its duty in respect of paving the spaces between its tracks and as forth in this substitute. say the company was limited two feet beyond its exterior rails and the nonpayment of the costs thereof, to three kinds of motive power. The first was the underground but. the said proceedings may be prosecuted to final judgment a.s though ca,ble. It was ma-de to appe:.tr by the proof taken before the this act had not been passed; and this act shall not be taken or held to be a committee that it was absolutely impossible for this road to use waiver of any existing right or ~ause of forfeiture asserted in the said pro­ ceeding: That if in said proceeding it shall be adjudged that the charter of the underground cable, because of the great number of curves said company be forfeited, then such judgment may, and shall be, fully ca.n­ in its lines. Its line extends, as gentlemen are aware, from the celed a.nd vacated by the payment by said company to the District or Col um­ bia of the sum of $147,507.05 within ninety days from the rendition of said westernmost bounda.ry of Georgetown eastward to Lincoln Park judgment, and thereupon the said company shall be vested with all the cor­ on East Capitol street, running thr<>ugh F street in the heart porate rights, powers, and subject to all the duties and obligations con­ of the city, and running through the principal portion of the ferred or imposed upon it by its originaJ. charter and the amendments two cities of Washington and Georgetown. This line, HI am thereof. not mistaken, has about seventy or eighty sudden curves or The following amendments recommended by the committee crooks, counting the double tracks; and enuineers experienced were read: in the construction <>f the cable system test~fied that they could Page ~~ line 21, after the word '' street," insert the words '' and not make a success of that system upon this line. provided further." As I have said, the company is limited under the act of Congress Page 3, line 11, after the word "proceeding," insert " and pro- to the three systems. The cable system is impracticable because vided further." . of the number of curves on this road, and, as I have just re­ The SPEAKER ?Jto rempore. The question is on the amend­ marked, engineers experienced in the construction of the cable ments recommended by the committee. system refuse to put it on this line and guarantee its success Mr. SAYERS. One moment, Mr. Speaker. We do not want commercially. The other two systems are the underground con­ this bill raili'oaded through. duit and the storage-battery system- Mr. HEARD. It is not going to be. The gentleman need Now, within thirteen days after the passage of the act of Con­ have no such fear. I yield now to the gentleman from Tennessee gress requiring this road to change its motive power, it did un­ (Mr. RICH~RDSONl, who reported the bill. . dertake to change to the storage-battery system. The company Mr. RICHARDSON of Tennessee. Mr. Speaker-·-. went to work, and by the testimony of its officers it is shown Mr. HOPKINS of illinois. Before the gentleman proceBds that it expended in the effort to use the storage battery, making with his statement I would like to ask him whether this bill re­ a sincere effort to comply with the act of Congress, $384,713. lates to the same railroadcompa.ny that is now in litigation in Mr. BYNUM. Was that amount expended upon those two the supreme court of the District of Columbia? cars that ran up and down the line? Me. RICHARDSON of Tennessee. Yes, sir. Mr. RICHARDSON of Tennessee. Now, does the gentleman Mr. HOPKINS of Illinois. Is this bill presented for the pur­ state that only two storage-battery cars were ever put on this pose of relieving that company from the charges that are made line? - and prosecuted in that litigation? Mr. BYNUM. I state that I never saw but two there. Mr. RICHARDSON of Tennessee. It is not. Mr. RICHARDSON of Tennessee. Does the gentleman state Mr. HOPKINS of Illinois. Does it have any relation to that that there were never more than two storacre-battery cars on litigation? this line? "' Mr. RICHARDSON of Tennessee. I will try to make that Mr. BYNUM. They ran two cars, I believe, up and down that plain in the course of my statement. line, and they ran probably once a week during the time they Mr. HOPKINS of Illinois. What I want to get at is whether were operating. · - this railroad company, having forfeited their rights under their Mr. RICHARDSON of Tennessee. Does the gentleman state charter,- are now attempting to avoid the legitimate conse­ that only two storage-battery cars were run on that line? quences of their own acts by coming to Congress to get a new Mr. BYNUM. I will say this frankly t<> the gentleman: I charter. have been traveling on this line all the time, and I never saw Mr. RICHARDSON of Tennessee. The present bill has for but two cars on the line; if the company ever ran more than that its object the extension of the time within which the Metropol­ number I have no knowledge of it. itan Railroad Company of this District can change its motive Mr. RICHARDSON of Tennessee. I will state the amount power. By certain acts of Congress to which the gentleman that th~ testimony shows was e1.:pended by this road in the effort from Illinois has referred this company was required within a to use the storage battery. Statements were regularly taken given time to change its motive power. By those acts the com­ before the committee upon this question. First the company pany was limited to the use of three kinds of power. First, it spent for a large building on P street-an engine, boiler, and might use the underground cable, moved by steam power; sec­ dynamo house-$61,160. In order to run but one car they had ond, the storage electric battery; third, the underground wire to ip.cur about the same expense that they would have had to operated by electricity. incur if they had run one thousand cars, except for the addi­ Mr. Speaker, the Committee on. the District of Columbia have tional cost of the increased number of cars. For engine and given very earnest attention to this bilL We have given to it boiler, aggregating 600-horse power, they spent $29,831; for ap­ more hearings in full committee than to any measure that has paratus for generating electricity, $15,9:1:8; for large brick build­ been before our committee during this Congress. We have ing on Four-and-a-ha)£ street southwest, for machinery and car heard the District Commissioners and their attorneys; we have depot, $118,856; for batteries and accumulators-- heard the attorneys for the United States; we have heard the . Mr. BYNUM. They have all that plant yet? railroad company through its president and its attorney, and Mr. RICHARDSON of Tenneasee. Yes, sir; and it is per­ have also heard the public at large, and after the fullest and fectly useless, most of it, when they abandon the storage-battery most careful consideration we have reached a unanimous con­ svstem. For batteries and accumulators, $30,445; motor, $33,050; clusion. which appears in this substitute. for cars constructed to try the storage batteries, $45,423; for ex­ l\fr. HOPKINS of Illinois. Now, will the gentleman allow perts, drawings, materials, and appliances, about $50,000; mak­ me-- ing $384,713. The proof shows that the,y expended this money, Mr. RICHARDSON of Tennessee. I hope the gentleman will and the proof further shows that about $100,000 of this sum is not interrupt me, as it may throw me off the line of statement absolutely lost to this company because of this effort to use the which I wish to pursue. If the gentleman has any inquiry wi tb storage battery. 1894.. - CONGRESSIONAL RECORD-HOUSE. 2847

.Mt·. Spea.ker, it may be said that this money was fooli-shly ex­ tion under this system, and gives them two years longer on the pended. With the light of the present, experts may now con­ main line, from Georgetown oq.t East Capitol street, the line I clude that it !Was foolishly expended. Three ye-ars ago the have described. street railroad companies of this country did not know as much Mr. COOMBS. Does that make three vears altogether? about this storage-battery system as they do to-day, and that Mr. RICHARDSON of Tennessee. Three years altogether. company show that they were honest, 'however foolish they maY. Mr. Speaker, with reference to the objections t.o the bill the have been in the efforts to utilize the storage battery by reason committee had no desire to screen this railroad from ·the se­ of the fact that they expended $384,{)00 in the effort. verest duty that might be imposed upon it, or that has been im­ I only mention that to show you that this company, as the posed u,pon it by Congress. We do feel, however-and we were committee believe, were honestly endeavoring to utilize the un-animous in the conclusion-that they had made an honest ef­ storage battery and to comply with the acts of Congress. Now, fort to use the storage battery. We believe that they can not they did not run many cn.rs, as my friend from Indiana [Mr. BY­ use the cable, and we hope they c::tn use the underground con­ NUMi says, but it>'!US necessary to make this expenditure, enor­ duit. wous as it is, in order to test the question. Now, shall they have that time extended to them? We were Suur.ose they had not made these expenditures. The charge met by the statements by the attorneys on the p art of the Dis­ miO'bftheu be very properly made that they only put two stor­ trict and by the Commissioners of the District that there were ag~ battery cars upon the line of the track, and that they made pend ing two suits, two writs of CJlW wananto again t this r ailroad no effort and expended no money; but here they went to work company. and constructed these buildings, peculiarly uesi.gned and in­ One of them sought to forfeit the charter of the road be­ tended for the storage-battery system, and made the other ex­ cause it had not changed its motor, as required by act of Con­ penditm·es mentioned, and now they find, after having expended gress. If the Congress of the United States passes this bill and this v~:-1.st sum, that these expenditures and much of the work extends the time for it to change its motor, it will be a waiver done were useless and can not be utilized. The proof shows, as of the proceedings in the first suit for forfeiture. The first one, as I have already stated, that the net loss to the railroad company I have said, seeks to iorieit the charter solely upon the gr.ound on this account will be about $100,000. that this company has not complied with a former act .of Con­ The committee had no prejudice in this matter,and we thought gress requiring it to change its motive power. The committee that was a sufficient experiment in the direction of the use of believe itwasimpossible tochange itsmotivepowerand thought the storage battery. I believe we are warranted in the conclu­ it wa-s necessary to make th~ further extension. If the com­ sion that it is a failure at present. I do not know of any place mittee had believed. it was possible for the company to have suc­ in the United States where it is baing run successfully. Of ' cessfully used the storage battery, or if it han baen shown that eourse, as I say, they could not tell three years ago, when they the storage battery was being successfully used anywhere else in

began this ·expenditure1 whether they would succeed or not, and the United Sta.tes, the committee would not ha.ve waived, or the story as it is told by the officers of the company and its agents, recommended the waiving of the right to forfeit the charter .of in their efforts to make it a success, is very interesting. - that 'COmpany in that proceeding. I have not the power to tell it as they do. Buttheywerelured Mr. LIVINGSTON. Hmv does the passage of this act affect on ewh time, sometimes for a month, and frequently longer, by the debt of $147,000 of that roa.d to the District of Columbia? the as3ur:mce that the successful invention or contrivance was Mr. RICHARDSON of Tennessee. I am coming to that. just ahead of them. They would adopt this, others failing them, Mr. HEPBURN. You say it is impossible for them to use the and go to work with the sincere effort to succeed, honestly be­ cable system. Do you not simply mean that it would be mDre lieving and hoping that they were just about to reach the much­ expensive, and that they would have to h ave more points of in­ coveted en.d. But after these expenditures and rna.ny fruitless itial power? Is not that all you mean? efforts, to ma1 ~e the £tory short, and I do not want to take much Mr. RICHARDSON .of Tennessee. I mean this: That they time, they gave it up and came to Congress with the :statement could not get a competent cable engineer or contractor for the that they can not use the storage b1ttery. construction of a. cable system of roads who w.ould agree to put Now I say, if it was being used anywhere else successfully, we down 'SUCh a road and insure its success commercially. might complain that this company have not made a proper ef­ Ml'. HEPBURN. Now, taking the illustr tion we have on f.ort. But t1:illt is not the fact, as I understand it. With these the avenue line. There the cable changes direction some ten facts before ns and the limitations upon the rO'ad, first, that they or twelve times on the track. On th'B other road it is claimed could not use the cable; second, with this expenditure of $384,- that the direction would h ave to change twenty or more times. 000 in the effort to use a storage b:tttery, and with the conclu­ Mr. RICHARDSON of Tennessee. Thirty-seven times on the sion forced upon them that it can not be done, there is nothing . single track, or seventy odd times on the double line. left for them but to use the underground conduit. Mr. H'EPBURN. Could you not~ by having a greater numbec There being nothing left for them but to try the underground of power-houses and shorter cables, have as many chang-es in oeonduit, they have offered this bill to Congress, asking for an that road as you have on the Peonsylvanh avenue road between extension of time for one year, within which to put this exper­ po~er-houses? Is it not simply a question of loss, rather than iment into force. They want, if they possibly ca.n, to equip impossibility? their entire lines so us to run them with the conduit system. :Mr. RICHARDSON of Tennessee. Of course, Mr. Speaker, I Now t.his, Mr. Speaker, is more or less of an experiment. take it if you had a thousand curves if you can change the Mr. TUCKER. Do you make any limitations? machinery at each point, you can operate a cable upon that many Mr. RICHARDSON of Tennessee. Within one y~arfrom the curves; but the point is, that that ca.n nut be done and make a passs,ge of this act on the Ninth street line. commercial su-ccess of the road. There was no difference of Mr. ROBBINS. Is that a crooked line? opinion among all who testified upon that point before the .com­ Mr. RICHARDSON of Tennessee. That is a comparatively mittee. They said that it was impracticable, from a commer­ straight line. cial standpoint, to use a cable upon that line, and the. company Mr. LIVINGSTON. Will the gentleman explain what he were as willing to use that as any other power. means oy the underground conduit system? Mr. Speaker, let me recur again to the two grounds of for· Mr. RICHARDSON of Tennessee. As nearly as I can. I am feiture, for I would like gentlemen to understand them.. · not an expert, but I will say that it means ·an underground trol­ The first ground of forfeiture for which (/UO warranto proceed­ ley, not the overhead trolley. The system that they have in ings h ave 'begun was that the company had not changed its mo· contemplation is run by electricity from a conduit below the tive power as required by act of Congress. Now, the committee r.oad. believed that the compap.y had made an honest effort when it If any of the members present have been out on the U street expended $384,000 in an effort to make that change, and that it line~ which extends hom the boundary and Seventh in the di­ was impracticable for them to make it. The conduit system rection of the Zoological Gardens, .they have traveled .over a having been discovered, they now ask for a reasonable extension short line of road operated by the underground conduit system. of time within which they may try that system, and the com­ The company do not want to be confined to any particular pat­ mittee think they ought to have it. The passage of this bill ent of the underground conduit. There is more than one, as I gives them a reasona.ble time within which to make the effort am informed. But this bill leaves them open to adopt any one to put this new system into operation. That will necessarily of the underground conduit systems. - vacate the proceedings of forfeiture on the first ground men­ The committee believe that the company ought to have the tioned. p.ddttional time. We do not believe they can use the cable. Mr. STALLINGS. How much will the city lose? We know they can not use the storage battery successfully, and Mr. RICHARDSON of Tennessee. The citydoesnotloseany­ it leaves them nothing but the underground conduit, inasmuch thing by that. as Congress absolutely prohibits the use of the overhead trolley. Mr. STALLINGS. What becomes of the suit? They must resort to this system of underground conduit. This Mr. RICHARDSON of Tennessee. The first-Buit is a suit for biU gives them one year to g'Bt the Ninth street line into opera- forfeiture of the charter because the company had not ll}hanged ' '

2848 CONGRESSIONAL RECORD-HOUSE. MARCH 12, its motor. I had not intended togo into that feature of the case, Mr. HEARD. If the gentleman will permit a siiggestion but as the gentleman has spoken of it, I will ask what would be there were ten pleas to the merits and two to the statute of lim­ the result if the charter was forfeited under that suit? You itations. The court below passed adversely on the pleas to the would simnlv have the forfeiture of thtj charter. The line of statute of limitations, but the Supreme Court reversed the lower ro.1d would be there. The franchise, however, would have been court and sustained those pleas. forfeited. Somebodywouldhavetorun the road; and I take itif Mr. RICHARDSON of Tennessee. That is exactly the state· the Government put it up for sale, the S9.me men n ow owning it ment I make. There were eig-ht or ten pleas going to the mer­ it might buy it; that is , the stockholders might buy it, or some its of the controversy, and two pleas to the statute of limita­ other men would buy it, and it would be run for the public con­ tions. The court below gave judgment against the company for venience. The Government can not make anything, and the $147,000, but on appeal to the Supreme Court, that judgment was Districtof Columbia c:1n not make anything bythe forfeiture of reversed, the pleas to the statute of limitations were sustained, the charter; but if we believe that they made a sincere and honest and the suit was dismissed. · effert to make a change and they failed for no fault of their own, Mr. HOPKINS of Illinois. It was dismissed purely upon the they are not responsible; and the committee ·do not think they statutor·y plea? ought to lose the charter on the first ground; that is, the failure M1·. RICHARDSON of Tennessee. Wholly upon thA.t ground. to change the motor. ~fr:HOPKINS of Illinois. And the decision did not touch Now, as to the second ground, and that is the one in which the merits of the case? there is monev involved to the District of Columbia. Mr RICHARDSON of Tennessee. The Supreme Court did The second forfeiture suit was brought by the attorney for the not go into the merits at all. As we all know~ it is not unusual, Government for the purpose of forfeiting the chart3r of this whei·e the plea of the statute of limitations is interposed and company because of its failure to pay acert.ain judgment of $147,- sust:.tined, for the court to refuse tolookbeyondthat. Now, Mr. 000, which had been rendered by the District courts in 188!. Speaker, I did not desire to go into the merits of the pleadings That judgment was based upon charges made by the Districtfor in that case, or into the merits of that controversy. I hardly paving along the tracks of this railroad by the District govern­ think it necessary to do so, because this bill does not interfere ment in 1871, 1872, 1873, 1874, and 1875. Those improvements with the pending lawsuit to forfeit the charter of this company were ma.de by the old form of District government known as the because of its failure to pay that judgment. It will be seen that Board of Public Works. At that time the Metropolitan Rail­ this bill does not in any manner inter!erewith that pending liti­ road. was using the streets of this city only from Seventeenth gation. After the Supreme Court had found in favor of the skeet to the Capitol grounds. They had a charter which per­ Metropolitan Railroad Company upon the plea of the statute of mitted them to use other streets, but up to that time they limitations, the matter rested until1890. had not touched those streets; they simply had their line from On the 3d of March of that year, if I am not mistaken as to the Sevent3enth street to the Capitol. The old Board of Public date, when an appropriation bill was pending in this House, an Works tore up the tracks from Seven teen th street to the Capitol, amendment was added to it to require the company to pay that and in the oth~r streets which this company had a right to use, canceled judgment of $147,000 under penalty of forfeHing its and laid down wooden pavement. It is insisted by the company charter within eigh t3en months. The railroad company did not that in tearing up those tracks much damage was done to their pay the money. 'l'heyfelt and have always felt that they had road. They had their tracks b3tween the double line and 2feet meritodous defenses to the judgment for the amount that was on the out.side of the rail well paved with blue cobblestone, as the claimed by the District. I repeat, that I am not going to argue law at that time required, and which was the most successful the merits of that lawsuit, because I do not think it is necessary pavement that had been used up to that time in the District. to do that here~ but the company said in substance, "We had The District government, I say, tore up that old pavement complied with the law in paving our tracks; our tracks were in batween the rails and out to the sides of the streets, and laid perfect order; we had the cobblestone pavement as the law re­ down first the wooden pavement. For that paving this judg­ quired; but the board of public works, undertaking to do a ment was afterwards rendered against the railroad company. vast amount of paving in this city, came and tore up our good The judgment was rendered in 1884, nearly ten years after the pavement and subst~tuted the old wooden pavement. last lick of work had been done. When the work was done the And, Mr. Speaker, the board of public-works did that not old board of public works assessed for it, as the law then re­ only on the line of the existing road from Seventeenth street quired, one-third against the abutting o~ners along the line of to t.he Capito1, but also upon East Capitol, Connecticut avenue, the street where the work was done, that is, one-sixth on each and other streets where the company had a right to lay its side, making a third in all, and two-thirds ag~inst the District tracks, but where, as yet, it had no existing line. The District of Columbia. In 1880, or about that time, when the present government said to the company: "When you do occupy those form of government was instituted here,- the District Commis­ stt·eets it will be of service to you for us to have done this sioners undertook to charge this railroad company for that work:" but, as a matter of fact, in two or three years the work work of taking up the cobblestones and putting down the which the District government had substituted for the good wooden pavements, and they not only sought to charge the com­ pavement which the company had put down was worn out and pany for the work along its existing line from Seventeenth street torn up and discarded, so that the company derived no benefit to the Capitol, but also for the work done in the other streets, from this so-called improved pavement laid by the District gov­ where the company had a right in the future to construct its ernment, and sought to be charged against the company by the road, but where, up to that time, it had not constructed any proceedings to which I have referred. In view of these facts line. When that suit was brought, it was first tried iri the Dis­ the company felt that they had a meritorious defense-- trict c mrt and a judgment was rendered in favor of the District Mr. KYLE. I wish to ask the gentleman a question for in­ for a hundred and forty-seven thousand dollars. That was ap­ formation. . Secti~n 3 of this bill provides as follows: pealed, :1nd the case was finally decided in the Supreme Court That nothing in this act shall be so construed .as to invalidate or in any­ of th~ United States, which reversed the deci.sion of the lower wise affect the suit now pending 1n any court or the District o! Columbia court and discha.rged the railroad company. · against the said company !or the forfeiture of its charter for nonperforru- ' ance of its duty in respect or paving the spaces between its tracks and 2 Mr. BYNUM. On what ground was· that reversal made by feet beyond its exterior rails and the nonpayment of the cost thereof, but the the Supreme Court? said proceedings may be prosecuted to final judgment as though this act Mr. RICHARDSON of Tennessee. I am going to tell the had not been passed; and this act shall not be t aken or held to be a waiver ground. The gentlem::m does not think that I am going to sup- of any existing right or cause of forfeiture asserted in the said proceeding. pr3ss that, does he? · That provides for retaining the pending litigation in statu quo. Mr. BYNUM. Well, the gdntleman need not be cross about But at the conclusion of that section there is a proviso which it. virtually limits the amount of the judgment that may be ren­ Mr. RICHARDSON of Tennessee. The gentleman need not dered by the court against this r~..tilroad company. Now, my interrupt me to anticipate my argument. I prefer to proceed in question is this: If you seek to permit this suit to go on for final my own way. judgment, why not allow the court to go forward and determine M1·. BYNUM. Well, Mr. Speaker-- the amount that is to be paid, and not determine it here in Con­ Mr. RICHARDSON of Tennessee. I decline to yield further, gress? as I intend to tell it all. The suit was tried in the courts below, Mr. RICHARDSON of Tennessee. The gentleman's inquiry as I h 3.ve sa.id, and was appealed to the Supreme Court of the would be entirely pertinent if the pending suit was to recover United States, and that court reversed the decision of the lower theamountoranyunascertainedamount; butitisnot. Howev~r, I courts. There were pleas to the statute of limitations and eight am coming to the pending suit, and the gentleman's question or ten pleas to the merits of the question. The Supreme Court simply anticipates me. I have come to the point where I am dis­ of the United States found in favor of the company on the pleas cussing the effect of the penning litigation. The act of 1890 re4 to the statute of limitations and did not consider the pleas going quired the payment by this railroad company of this sum, $147 ,· to the merits of the cont1·oversy, because it was not necessary to 000, within eighteen months. The company did not pay it, as I do so. have st::t.tec1, because they f~lt that they had a meritorious de• ·. 1894. CONGRESSIONAL RECORD-HOUSE. 2849 fense. Like other persons who are sued, they relied upon the the hands of Congress, asking only to ba treated as a citizen statute of limitations in addition to theirmeritorous pleas. The would be treated under the law. We believe the company has suit went off on the statute of limitations, but the company felt honestly endeavored to change its motive power, though it has that if the claim was·to be pressed they were entitled to have failed to do so. We think the additional time for that purpose another investigation upon the merits of the case. oughttobe given in asafeand prudentbill,protectingtherights Mr. KYLE. Is there a judgment for that amount? of all parties. We regard this as such a bill, and do not see Mr. RICHARDSON of Tennessee. A judgment was rendered that the government can suffer by its passage. by the District courts. Mr. STOCKDALE. What right has Congress by a bill of this Mr. KYLE. Then why is it necessary to reserve in this bill kind to interfere with litigation in the courts? the right to go forward and prosecute the suit? Mr. RICHARDSON of Tennessee. I repeat again, this bill Mr. RICHARDSON of Tennessee. I am trying to explain does not propose any such interference. That is the exa{}t point that. There is no existing judgment for this amount. There in this bill. We simply say, "We decline to interfere. We is a legislative decree for it, but the judgment which was ren­ provide that this act shall not operate as an interference." We dered in the District court was reversed by the Supreme Court undertake to negative in advance any implication which might of the United States, and there is to-day no judgment on any arise. docket of any court in this country against this company for that Mr. SAYERS. If I understand properly the facts connected claim. . with this case, the lower courts gave judgment against the rail­ Mr. KYLE. Then, if there is no judgment, there is simply a road company for about $147,000. The case was taken to the suit pending, and by this bill you attempt to limit the court as Supreme Court of the United States, whichheld.that the statute to the amount of the JUdgment-it may render. of limitations barred the action. Two courts affirmed the-judg­ Mr. RICHARDSON of Tennessee. The gentleman should un­ ment against the railroad company; but the Supreme Court of derstand that there is a suit pending, but it is a forfeiture suit, the United States reversed it simply upon the plea of the statute a suit toforfeitthechart.ero.f t4ecompany-notasuit for money. of limitations. Now, I underst::Lnd from the character of this Now, as I was saying, in 1890 the Congress of the United States bill that this company is asking important and valuable privi­ provided that this railroad company should for.feit its charter leges. Is it not? unless it paid that old judgment within eighteen months. Mr . RICHARDSON of Tennessee. It is simply asking an ex­ It did not pay it; and forfeiture suit has been brought by the tension of the time during which it may cha.nge its motive power. officers of the Government against this company, requiring it to It is not asking any extension of its franchises. show cause why its charter shall not ba forfeited for failure to Mr. SAYERS. Do you not think it would be just to the gov­ pay that old judgment. That is the suit now pending. I say to ernment il Congress should require that this road, before becom­ the gentleman from Illinois and other gentlemen that this bill ing enti tied to any privileges or benefits under this bill shall first does not interfere with that litigation. It simply provides that pav up that $147 ,000? if you have grounds of forfeiture, you may forfeit the chart-er Mr. RICHARDSON of Tennesse'.3. Unquestionably, if it owes it. and franchise of this road; but it goes a step farther and pro­ Mr. SAYERS. Two courts have sustained that judgment. vides that if you do that, the road may then pay thewhole amount Mr. RICHARDSON of Tennessee. But the highest court in of that judgment, $147,700. the land overruled it. A MEMBER. And not forfeit the charter. Mr. SAYERS. Simply upon the plea of the statute of limi­ Mr. RICHARDSON of Tennessee. Not forfeit the charter; t!:Ltions. in other words, the company would be reinstated. Otherwise, if Mr. RICHARDSON of Tennessee. Now you want to go into the charter were forfeited, the Government would have to take the merits of the controversy. possession of the road, and would, of course, want to sell it out Mr. SAYERS. Oh, no. to somebody. The District Committee thought that about the Mr. RICHARDSON of Tennessee. You want to try the law­ best thing to do would be to let the stockholders keep the road suit here. and pay the amount that is in dispute, $147,700. Mr. COBB of Alabama. If the gentleman from Tennessee Mr. COOMBS. But, as I understand, under this bill the char­ [Mr. RICHARDSONl will allow me a moment, I wish to say to the ter of the company could not be forfeit-ed, because we give it gentleman from Texas [Mr. SAYERS] that, in my view, there positively three years of additional life. never was a valid judgment rendered against this company; the Mr. RICHARDSON of Tennessee. Not at all. That suit may judgment was rendered under the direction of the court con­ be brought to trial in thirty days; it may be reached at any t rolling the case; it was never rendered by a jury. time; I beg g·entlemen to notice there is no interference with Mr. SAYERS. Upon what point did the Supreme Court of that litigation at all. The third section of this bill expressly the United States reverse the judgment of the court below? res-arves all rights that the District may have and all rights that Mr. RICHARDSON of Tennessee. Upon the plea of the stat­ the railroad company may have, leaving the court to ascertain ute of limitations. the rights of the parties under this forfeiture proceeding. If ML'. SAYERS. Now the gentleman from Tennessee concedes the court should decide that the charter of the company ought that the Supreme Court of the United States reversed the judg­ to be forfeited because of its failure to pay this judgment, then ment simply upon the plea of the statute of limitations. its charter will be forfeited. If on the other hand the court de­ · Mr. COBB of Alabama. That is true. cide that the charter ought not to be forfefted, then the suit will Mr. SAYERS. So far as Congress knows, here are two judg­ be dismissed; and that is an end of the matter. This bill pre­ ments against the road for the payment of $147,000 upon the mer­ serves all the rights of the Government in every respect, just its of the case. Now, when this company comes here and asks as il no new measure of legislation were passed. What more r elief, why should it not ba required to do what is right and can we do? honest? Mr. COOMBS. Does this bill give the company the right to Mr. COBB of Alabama. I have told you that, as I believe, use any additional streets as a part of their lines? Does it ex­ · this judgment can be shown to be an invalid judgment. tend tbeir right in that respect? Mr. SAYERS. The Supreme Court did not say so. Mr. RICHARDSON of Tennessee. Substantially it does not. Mr. RICHARDSON of Tennessee. Now, will the gentleman It permits the line to run around Lincoln Park, where it has not give me his attention-- run heretofore, but there is no extension of the line otherwise. Mr. WALKER. I rise to a question of privilege. I do not want to occupy more time. I have endeavored to go The SPEAKERp1·o tempO're (Mr. DOCKERY). The gentleman •' over the matter as best I could, though very hurriedly. The from Massachusetts [Mr. WALKER] rises to a question of order. .- , only question for us to decide is whether time shall be given Mr. WALKER. No, sir, I rise to a question of privilege. It this company within which to change its motive power accord­ is the right of members of this House to hear the debate that is ing to the r equirements of Congress. We do not interfere with going on. Now it is the habit of gentlemen who are within 5 or 6 pending litigation. We let the parties go on and conduct that feetofeachotherto carry on, under the form of debate, a private to its issue, whatever it may be. We simply provide that when conversation which the body of the House can not hear. I protest it is concluded, if the judgment is against the company and de­ against that practice now, as I shall do hereafter and forever. clares a forfeitu:e, that then the company may discharge the If gentlemen would address the Chair in adistinct tone of voice, judgment by paymg the amount of the claim of the government, the House might understand what they are talking about. in round numbers $147,000. We thought this fair to the govern­ Mr. SAYERS. The gentleman from Tennessee [Mr. RICH­ ment and fair to the company. ARDSON] and myself have not as much strength of voice as has There was a disposition in the committee (and I may as well the gentleman from Massachusetts. refer to it) to make a compromise on all these litigated matters; Mr. WALKER. We can not hear you at all when you turn but the District Commissioners preferred not to do so. They your backs to us and to the Chair. preferred that there should be no compromise; and for this rea­ Mr. SAYERS. Mr. Speaker, I wish to make a statement in son the committee has recommended none. connection with this bill. I do not state this as a fact, because The railroad company has shown a disposition to put itself in I do not know it to be a fact; but I state what I have heard- XXVI-179 2850 CONGRESSIONAL RECORD-HOUSE. MARCH 12, that it is the opinion of the counsel representing the Govern­ say _any more. The District Committee have all the proof that ment in the case pending be ore the Supreme Court that the could be produced before them-- Government is going to lose its case and that the company will Mr. SAYERS. I desire to state-- walk off with $1-!7,0UO. Now my idea is that when the company Mr. RICHARDSON of Tennessee. I will yield to the gentle­ comes into this House asking importantfranchisesfrom Congress, man in a moment. My conclusion is that upon the merits of the it ought to be required to do that which is equitable. I have controversy the railroad.company oug tnot to have been taxed never heard that the plea of the statute of limitations was an the $147,000, and I will give my re:t~mns. I have given them, honest plea between citizen and citizen against the payment of but I will repeat them in answer to my friend from Texas [Mr. an honest debt. · SAYERS]. Mr. RICHARDSON of Tennessee. The gentlem'1n's conclu­ Mr. SAYERS. I understand, Mr. Speaker, that the railroad sions would be correct if his premises were all right; there is company has already proposed to pay more than $30,000 upon no question about that. But the judgment was reversed in the this matter. Supreme Court of the United States, and it was reversed on the Mr. COBB of Alabama. That is a mistake. plea of the shtute of limitations-- Mr. RICHARDSON of Tennessee. That is not the case. Mr. HOLMAN. And on no other ground? Mr. SAYERS. That is the information I have. Mr. R [CHARDSON of Tennessee. The meritorious pleas Mr. RICHARDSON of Tennessee. That is misinformation. were not acted on by the Supreme Court. Mr. SAYERS. And I wish to say to the House-- Mr. TAYLOR of Indiana. But they were by the lower courts. Mr. RICHARDSON of Tennessee. Do not argue on that con­ Mr. RICHARDSON of Tennessee. · They were. Butthecon­ clusion, for that is not true. clusion may be that the lower court was as far wrong on the Mr. SAYERS. If the House passes this bill without taking meritorious pleas as on the plea of the statute of limitations, care of tlie interests of the Government in the matter of what is upon which the judgment of th!:tt court was reversed. due the Government from this comoany, the District govern- Mr. TAYLOR of Indiana. Whose conclusion is that? ment will not get a cent of it. - 1-.ir. RICHARD30N of Tennessee. It is my conclusion, and Mr. MEREDITH. There is not a cent due. it is a fair one. The Suoreme Court of the United States re­ . Mr. R ICHARDSON of Tennessee. The question is, who is versed the judgment as wrong on the only plea which it tried. looking after the interests of the Government. All the fifteen Gentlemen should not sit here and conclude that the inferior members of the committee are doing their best. We may make court was right on the pleas upon which it was not reversed an error, but we are doing the very best we know how to take simply because the Supreme Court did not act upon them! care of the interests of the Government, with all the proofs be­ Mr. T AYLOR of Indiana. I do not like the plea of the stat­ fore us. I wish I could have the attention of the gentleman from ute of limitations when interposed against the payment of an Texas [Mr. SAYERS], who has just asked a question. This way honest debt. of asking a question and then running off to the cloakroom, it Mr. RICHARDSON of Tennessee. No, I do not. No one does. seems to me, is hardly fair to a gentleman who is doing his best But in addition to the plea of the statute of limitations there to be understood and to honestly state the facts as they exist were .meritorious ple;~.s; and I have no doubt from the investiga­ after careful and painstaking- investigation. tion I have made that the court ought to have found in favor of The gentleman says his information is that this road has of­ the railroad compan.y upon the meritorious pleas. I say that fered $30,000 to the Government, and that here by this bill the from such investigatiOn as I h ave been able to make. Government does not get anything. If that was a correct state­ Mr. SAYERS. Will the gentleman allow me another ques­ ment it would put the committee in a queer situation; but for- tion? tunq,tely for us, as we think, that is not the case. , Mr. RICHARDSON of Tennessee. Yes, sir. What are the facts? This matter has been before the commit­ · Mr. SAYERS. I understand the gentleman to state that the tee now for three or four months. As I stated in the outset, we judgment of the Supreme Court reversing the action of the have heard it time and time again in the full committee. When court below was as much upon the merits of the case as upon the matter was before us, with a great many complications on the statute of limitations. both sides, claims and counterclaims, the attorney of the United Mr. RICHARDSON of Tennessee. Oh, no; I did notsay.that. States [Mr. Birney], the attorney of the District of Columbia. Mr. SAYERS. I so understood. [Mr. Thomas], the District Commissioners themselves, and the Mr. RICHARDSON of Tennessee. I said that the Supreme railroad company by its counsel and its president, all before us Court reversed the judgment of the inferior court because it we said, ';Why can you not compromise this matter? Why can was wrong on the plea of the statute. The court below had im­ there not be some settlement by which the District of Columbia. properly and wrongfully overruled the plea of the statute of will get a substantial contribution to its exchequer from the limit3ttions, as the Supreme Court of the United States decided. railroad company, and the railroad company get an extension of Mr. SAYERS. Of course-- time within which to change its motive power to the end that M:r. RICHARDSON of Tennessee. The Supreme Court said the company may go forward in its service of the great public?" "Ycu were wrong on that." Now, I say that if the inferior The SPEAKER pro tempm·e. The time of the gentleman from court was wrong on the plea of the statute of limitations, I con­ Tennessee [Mr. RICHARDSON] has expired. clude that it is quite reasonable to suppose that they were Mr. RICHARDSON of Tennessee. I would like to have five wrong in the finding upon the merits. or ten minutes more. :Mr. SAYERS. So the gentleman holds-- Mr. COOMBS. I ask that the gentleman have fifteen min­ Mr. RICHARDSON of Tennessee. If the court erred in one utes. We wa.nt to ask him some questions. instance, why not conclude that it erred in all? I do not say it The SPEAKER pro tempore. Unanimous consent is asked is absolutely certain that that is so; but with no information be­ that the gentleman's time be extended fifteen minutes. Is there fore you, why not conclude that if they were mistaken in one objection? instance, they might be mistaken in others. I do not say they There was no objection. were. Mr. RICHARDSON of Tennessee. What I was saying, Mr. Mr. SAYERS. Upon that hypothesis, if a trial court is over­ Speaker, is that we are looking to the public good. We want ruled by the Supreme Court in one case, then it is wrong in its this road to go on, and we want it to accommodate the gublic. decision in every other case it may try. Now, I say, while this was pending in committee, we said, 'Why Mr. RICHARDSON of Tennessee. Not at all. That would not come forward and pay something into the treasury of the not be the principle; but the lower court is trying two pleas. District of Columbia, and go forward with this extension of time One of them goes to the merits, and one of them goes to the within which to cha.nge the motive power of the road and con­ statute of limitations, and the court is not wise enough to de­ venience the public?" While thatwaspendingitwassu~gested cide either correctly-- by some member of the committee that $39,720, I believe, might Mr. HOPKINS of Illinois. Will the gentleman allow me be paid. It may be asked why that sum was mentioned. There right there-- was a reason for it. It was not simply a leap in the dark. It. Mr. RICHARDSON of Tennessee. In a moment. Let me was based upon this idea, which I will explain. get through with my conclusion. The case goes to the Supreme 1 have stated to you that the $147,000 grows out of charges Court and the Supreme Court says, ''We cannot trythiscaseon against this road for work done in paving its lines by the District the question of the merits, because we find that the lower court of Columbia from 1871 to 1875. They not only paved along the was wrong in its decision on the plea of the statute of limita­ line from Seventeenth street to the Capitol where the road was tions, and we dismiss the suit because the inferior court was running its cars, but they did it upon the other streets, where wrong in that respect." Now, I say it is not farfetched, it is the road had a charter which it had never made use of, where it not a violent presumption to conclude that if that court was in had not built its line, but where it had the right to build a line error on one of thepleu.s it may have been in error on the other. in the future. Mr. TAYLOR of Indiana. May have been. The railroad company said,'' You ought not to charge us with Mr. RICHARDSON of Tennessee Yes, certainly; I do not that, and the most you can charge us with would be the paving .-

1894~ ·coNGRESSIONAL RECORD-HOUSE. 2851 on the line of our ro~d between Seventeenth street and the does not in fact give the comp:my the right to contest the case, Capitol." Somebody sa.id, "How much does that amount to." and then, if they lose, to a.voil forfeiture simply by payment? And the reply was that it amounted to $39,720, if I remember Mr. RICHARDSON of Tennessee. There is a provision which the sum correctly. Then we said, '·Why don't you pay that?" gives them the right to pay the $147,000 if the judgment of for­ They said '' We do not think we owe that, but if it settles this feiture is made by the court. There w·1s another proposition of controversy, if it ends it, if it gets rid of t hese forfeiture suits, compromis:J by the road, which shows its disposition to do what­ we will compromise it by paying that. The District Committee ever was re:]uired by the committee and recommended to Con­ thought that was a fair settlement. Afterward the sum was in· g ress. The proposition was m:1de to reopen this question (and creased to $50,000. I am not telling committee secrets-- I wish the gentleman from Texas was here to give me his atten· Mr. COOPER of Indiana. In that connection I wish to have tion). this go in the RECORD. When this sum of $3\:),000 was spoken Mr. SAYERS. I am he1·e. of-I do not know if it assumed the shape of a proposition to Mr. R[CHARDSON of Tennessee. There was a proposition compromise at that time-the representative of the Govern· made, which the District Commissioners would not agree to, ment waB present and he said that the comp:tny bad very fre· and that was to reopen this question, to confer jurisdiction upon quently made that offer to him, but that he had insisted upO.'l the court of appeals of this District to take this matter up and having this $50,000. I supposed that was the only difference decide it upon its m erits, the company to file a written proposi- between the Government an<;]. the company. Representatives of tion waiving the statute of limihtion. · this company and the District were both present. Mr. HEARD. Here is the proposition. Mt·. TAYLOR of Indiana. And the representative of the Dis· Mr. RICHARDSON of Tennessee. I will not take the time trict, as I understand, said the company had frequently m::tde to rea:l it. · I think I have fairly shted it. They have agreed that proposition. to reopen this whole question. They agreed that Congress Mr. COOPER of Indiana. That the company had frequently might send it to the court of appeals if they desired to do it. m~d e the proposition to pay $39,000; but that he insisted on They said you may try it from top to b:)ttom upon all the pleas $50,000, and the expression was that they had been "sitting up filed by the railroad, and the statute of limitation will be waived with him all night" to get him down to $39,250. Supposing that by t he railroad. But the Commissioners said they preferred to was the only di.lference between the Government and the com­ go on with the litigation as it is. pany, the did'erence between$39,000and$50,000, and that$50,000 Mr. SAYERS. The gentleman has addressed himself to was the outside claim that the Government suppo ~ ed they could me-- get, and they showlng a willingness and a disposition to do that, Mr. RICHARDSON of Tennessee. I have, because the gen- I know I myse1f, as a member of the committee, suggested that tleman has been speaking on this matter. - if it were agreeable to the Commissioners of the District, it would Mr. SAYERS. I will ask the gentleman whether or not the be well to bring the matter to a settlement at the sum named by opinion has been expr·essed by the attorney representing the the representative of the Government, and to have a settlement Government that the Government will not win this case in the upon the basis of $50,000. The Commissioners, however, for Supreme Court, and that the clause upon an appropriation bill reasons satisfactory to them, which I will not criticise, decided forfeiting the charter of this roa.d unless $147,000 was paid is a. that they would take the $147,000 or nothing, and refused to be­ nullity? come a party to that settlement on the basis suggested. Mr. CULBERSON. That is what we decided last year in the Mr. COBB of Alabama. But the gentleman ought to state in Judiciary Committee. _ that connection that no proposition ever came from the company Mr. SAYERS. What benefit, then, is this clause to the Gov­ until it was first suggested by the committee. ernment? li the committee desire to do anything for the Gov­ !\·fr. COOPER. of Indiana. [ understand that is the fact. ernment in this matter, let them put an amendment on the bill Mr. TAYLOR of Indiana. I understand the attorney of the stating that no right or privilege shall accrue to the company District said that the company had been to bim frequently-­ nnder the bill until $147,000 shall b3 paid into the Treasury. Mr. COBB of Alabama. After the committee had suggested Mr. RICHARDSO~ of Tennessee. You have already got a. that the company buy its peace. legislative decree in 1890 requiring this sum to be paid. The Mr. RICHARDSON of Tennessee. The matter has been be­ quo warranto proceeding has been instituted to forfeit the charter fore the committee for thr ee months. for failing to pay it and that -question is in the courts of the Mr. COOPER of Indiana. I do not want to take any further District of Columbia. The lower-court has decided that that time. I simply want to state that the $50~000 proposition came law is unconstitutional, that Congress can not require the road from the Government and not from the committee or the rail­ to pay that $147,000- road company, and in our efforts to bring about a settlement, it Mr. KYLE. Will the gentleman permit me to ask him a was done upon the basis suggested by the representative of the question? Government. Mr. RICHARDSON of Tennessee (continuing). What would Mr. STALL1NGS. I understc"tnd you to say that the corpora­ be the result? tion offered to pay $39,000. Does this bill provide they shall pay Mr. SAYERS. What benefit will then accrue to the Govern­ that, or does it provide that they shall just go ahead? men t by the clause? Mr. RICHARDSON of Tennessee. Nothing. And we have Mr. RICHARDSON of Tennessee. The suit pending claims taken the ground that it is best to compromise. We thought $147,000, or rather the effort is made to forfeit the charter be­ that best; and I think so. cause the company have not paid $1 47,000. Now, I say we pro­ Mr. KYLE. I will ask the gentleman from Tennessee. is not posed, or it was proposed in the committee, that the company the effect this: This r a.ilroad comes in here and says to Con­ pay $50,000, not simply the $39,000, to end all the questions in­ gress, you give us these privileg-es we ask, and in case you give volved. them to us, and you are successful in the litigation that you now Mr. TAYLOR of Indiana. But th1s bill says nothing about have pending in the court, we will do what we ought to have that. done years ago, and would have done if the statute of limitation Mr. RICHARDSON of T ennessee. The railroad company was not pleaded. agreed to that, and the Committee on the District of Columbia Mr. RICHARDSON of Tennessee. The gentleman starts out was willing that that should ba done, but the District Commis· with the assumption that they owe this $147,000, which the court sioners thought that was not a wise settlement, and they said decides they ought not to pay. · they would prefer that the litigation would go on as it is now, Mr. KYLE. I understOod from your argument that they owe unaffected by this bilL We said that being true that we would dis­ nothing inside of the statute of limitation. miss the proposition for settlement, the $)0,000, or the $39,000, or Mr. RICHARDSON of Tennessee. Not at all; I do not know any other sum, and that we would put into the bill the provision how the Supreme Court would have decided upon the merits of that this litigation may go on to the end of its tril'tlin the courts the pleas. There has been no decision on the pleas. Their preserving all the rights of the company and the rights of th~ pleas go to the merits of the controversy. Now, they are will­ District of Columbia and of the Government in the matter. ing for this committee to confer jurisdiction upon the court of Mr. STALLINGS. And if the District loses the Government appeals of this District to try the whole case. will not get anything? Mr. KYLE. The decision of the lower court was against the Mr. RICHARDSON of Tennessee. They will not get any- company. thing if they lose. - Mr. RICHARDSON oi Tennessee. But that was reversed by Mr. BYNUM. I understand the gentleman to say that this the court above; and was the only plea upon which the Supreme bill preserves all the rights of the Government. I desiretoask Court decided. him if the provision in the bill does not stipulate that this suit Mr. KYLE (continuing). And it was reversed on the statute of forfeiture shall be prosecuted, and in case the Government of limitation. wins the suit, the company can avoid the forfeiture by paying Mr. RICHARDSON of Tennessee. And they propose towa.i.1'& the judgment which the Government claims; and therefore if it that plea. 2852 CONGRESSIONAL RECORD-HOUSE. MARoH 12,

Mr. KYLE. Then it resolves Itself down to the statement the The SPEAKER pro tempore. The time of the gentlemen from gentleman has made, that this company says," if you will grant Tennessee has expired. us this privilege we will do what we ought to have done years Mr. COX. I was cut off by my friend and colleague. ago." M;·. McMILLIN. I beg the gentleman's pardon for interrupt- Mr. RICHARDSON of Tennessee. Do what? ing him. . Mr. KYLE. Pay this money._ Mr. COX. I wanted to ask my colleague one more question. Mr. RICHARDSON of Tennessee. Do you undertake to say Mr. RICHARDSON of Tennessee. But my time has expired. that they owe the $147 ,000? · The SPEAKER pro tempore. The time of the gentleman has Mr. KYLE. They say we are willing, if you get a judgment, expired. that you make the money out of the company. Mr. McMILLIN. It was not my purpose to cut off my col· Mr. RICHARDSON of Tennessee. Do you assert that the teague, and I ask unanimous consent that the time of my col· company owes this $147,000? jle8.gue [Mr. RICHARDSON] be extended until he can answer a Mr. KYLE. I do not know. question. Mr. RICHARDSON of Tennessee. But that is what you are There was no objection. saying. Now, what are the facts-- Mr. COX. In regard to that lawsuit, the whole point is hinged Mr. KYLE. They simply agree to abide by the decision of upon this proposition, is it not-that if the government of the the court if we give them this privilege. District of Columbia is successful .in that lawsuit and obtains a Mr. RICHARDSON of Tennessee. They have never had a judgment for the forfeiture of the charter, then the company can trial going to the merits, and the gentleman can not assume satisfy the judgment by the payment of the amount of money that. and retain its charter? Is not that all there is in it? Mr. REED. Has not a corporation a right to plead the stat. Mr. CULBERSON. That is not in it at all. utes of limitation? Mr. COX. That is the whole proposition as I understand- Mr. RICHARDSON of Tennessee. The Supreme Court held that if the District is successful then the railroad companj can that they have. pay the amount of money and preserve their charter. Mr. REED. If they have the right, why should they be at· Mr. RICHARDSON of Tennessee. That is right. tacked for it? Mr. COX. Or, if they fail to pay the money, they forfeit the Mr. COX. . I desire to ask my colleague a question. charter? Mr. HOPK£NS of Illinois. I desire to ask the gentleman a Mr. RICHARDSON of Tennessee. That is all. I have come auestion. to the c.:mclusion-- ~ The SPEAKER pro tempore. To whom does the gentleman Mr. COX. But if the Dlstrict of Columbia is successful this from Tennessee yield? railroad company can preserve its charter by the payment of the Mr. RICHARDSON of Temiessee. I yield to my colleague.• money. If the railroad company pay their money they can keep Mr. COX. As I understand the proposition mado by the rail· their charter-- road in regard to· the lawsuit, it is this: If you go on with the Mr. RICHARDSON of Tennessee. Of course. case and the courts decide . the case against the railroad and Mr. COX. But if the railroad company is successful that is Judgment is rendered for the amount of money that you have the end of the matter. stated, that this r oa,d has the right to pay that amount of money Mr. RICHARDSON of Tennessee. This _matter has been and preserve its charter. pending for a long time, and Congress ought to settle it, and let Mr. RICHARDSON of Tennessee. That is all. this road go forward, and let the people have the benefit of this Mr. COX (continuing). And if the suit is d~cided against the great public convenience. The newspapers of the city h ave railroad, that is a forfeiture-- taken a very intelligent view of this bill as reported by the com- Mr. RICHARDSON of Tennessee. Of the charter. mitt..eee. I hold in my hand an editorial from the Post, review- Mr. COX. Until it pays the money. ing very carefully and intelligently the report which the com- Mr. RICHARDSON of Tennessee. That is right. mittee have bad the honor to submit. I will print the editorial Mr. COX. If it is decided that it is a forfeiture of the charter as a part of my remarks: of the railroad-- [Washington Post., MarcQ. 10, 1894.] Mr. RICHARDSON of Tennessee. The District gets not a THE METROPOLITAN RAILRoAD BILL. cent and 1t goes out of court without a cent. The bill reported to the House yesterday by Mr. RICHARDSON, of the Dis- - Mr. HOPKINS of Illinois. They could sell the charter for trictCommittee, authorizing the Metropolitan RaUroad Company to change lf a million dollars. its motive power, is calculated and intended to solve a muc)l-vexed ques­ ha tion satisfactorily and equitably to all interests concerned. Mr. RICHARDSON of Tennessee. But Congress has never It "authorizes, empowers, and requires" the company to construct Within sold a charter yet. one year from the passage of the act an underground system tor the pro- 'll 11 all t k h' pulsion of its cars on the north and south, or wha:t is better known as the Mr. M CMILLIN · W I my co eague OW me 0 as Im a Ninth street line, and within two years thereafter to place a similar sys- question? ' tam on the east and west lines of the road, the- proposed legislation being Mr. RICHARDSON of Tennessee. Certainly. simply an extension of time for the performance of the duty to that end im- Mr. McMILLIN. Is it admitted by the railroa,d that there is P~;e~~~~~v~~t~~;cc{~mmittee that the company, under the original per- s~mething due to the District? missive act of 1889, instituted measures for a change of motive power, and Mr. RICHARDSON of Tennessee. Not a cent. for several years prosecuted an honest el'rort to adt>pt the storage electric r. McMILLIN. They think they owe nothing. battery system. Its experiments in this dire~tion were carried on at a large M expense, involving an outlay of nearly aliOO,OOO, but without successful re­ Mr. RICHARDSON of Tennessee. They do not admit that sults. No storage batteries were obtainable that would furnish su!ll.cient they owe a dollar; on the other hand, they say they were dam- power or be made effective in practical economic operation. For obvious reasons that have been frequently stated and are well understood a cable aged by the work d one b Y t h e government · system is virtually impracticable on 'the Metropolitan road because of the Mr. McMILLIN. Was not the work done by the government enormous cost it would entail both in construction and operation owing to and paid for by the government? the peculiar conditions, curves, and windings of its various lines. £CHARD SON of Tennessee. My colleague has J. us t come A suit is now pending against the company for a forfeiture or its franchise, ...Mr. R under the joint resolution of July 22, 1892, which granted a year's extension in and has not heard me. They had their track in perfect or- of time within which to change its motive power, but inasmuch as the com­ der, absolutely complete, under the acts of Congress. It was pany has acted in the best of faith heretofore in endeavoring to make thts: ith cobblestones from Seventeenth street the Capitol. change, its request for a further extension with a view to the adoption ot Paved W to methods which it is believed are thoroughly practicable can not, under the It did not need any additional work;_but when the old District circumstances, be considered unreasonable. The committee, therefore, be­ board of public works had charge, during those days that are lieve that a grant of such extension would be in full accordance with equity charged to have been days of extravagance, during 1871, 1872, ;~~a~~etg~~~ft ~!ei~~tc:~:~ ~~o~~~el:~~a;c;;zft~~~e~~e ff1~TI'f~~t~e~~~ri1- 1873, and 1874, they took up and substituted for the cobblestone vantage of the community at large to have this road brought to the highest pavement a wooden pavement which was abandoned in two or ~~~~~of efficiency, and will relieve its stockholders of all alarm and uneasi· three years as worthless. It was discarded. It was an expense The objection that the road is confronted with another suit looking to for­ that was not necessary to be incm·red; and yet it is charged feiture through its failure to pay a certain claim of the District of Columbia against.. this railroad, not only from Seventeenth street to the on account of paving, with the circumstances of which the public is familiar, · 1 b 1' h ·1 ad h · d d L'{ provided for in the pending bill, which preserves fully all rights to the C aplto~, ub upon Ines that t e ra1 ro ad not occup1e _an parties litigant, with the proviso that in case judgment of forfeiture is reo- did not occupy for years afterwards. Yet they put down this dered in favor of the Government against the railroad the latter may avoid old wooden pavement and it is now taxed against this railroad. the forfeiture of its franchise by paying the amo~nt of the demand within 'd t t 't · t th d b h 1 'd d ninety days from the date of judgment. The b oar d d1 no ax 1 agams e roa , ut t e aw provi e All things considered, the Post is or the opinion that this is a meritorious that two.thirds should be assessed ag-ainst the District and one- bill, based on the principles of equity- and sound r.ublic policy. It grants third against the owners of abutting property. It was not taxed nothing more to the railroad than it is fairly entitled to ask, affords it t.he by the old board of public works,· but ten years afterwards, when opportunity of introducing a great impl'ovement on its lines; protects all interests carefully, and leaves the claim of the District uninterfered with, the new administration of affairs commenced in the District, except~ to provide ror its final satisfaction in case of adverse judgment, they went back and made this assessment against the road. and waivmg no existing right or cause of forfeiture. Mr. COX. I would like to ask my colleag-ue another ques- Now, Mr. Speaker, the committee have done the bestthey could tion. to settle this matter equitably for the railroad, fairly for the ., 1894. CONGRESSIONAL -RECORD-HOUSE. 2853

great public who are to be convenienced by the road, and also controlled discretion as to material, or a~ to any other question attending the exercise of this power. Here was the general control of the subject fairly for the District of Columbia. · vested in the municipal corporation, and afterwards a private corporation Mr. ABBOTT. Mr. Speaker, I desire to correct my colleague was authorized to occupy a part of the public streets and the obligation im- and friend the gentleman from Teennesseeinhis statement that ft0fseru~E~~e~~~~~~e~~~f~~c~;~~~~J. ~~c~~il~~ ~~Jf~~a~~nb~!~0fote;~~~ this is a unanimous report from the Committee on the District of to be vested in this private corporation. Naturally a collision would arise Columbia. Unfortunately I have not been able to attend theses­ between this corporation, this private body, and the public authorities of sions of that committee for several days past and I did not concur the town upon this identical question, and the power must be lodged some­ where of determining of what material a street pavement should be com­ with the report that was made, nor has my opinion in regard to posed. ·this matter been given to the committee as a committee. Mr. RICHARDSON of Tennessee. I would not do my friend By the way, I failed to state a moment ago that when this case an injustice, and I wish to say that I was not informed until this was tried in the District court an appeal was taken to the supreme moment of his position. I had supposed that he concurred with court of the District, and I will now read from the opinion of the other members of the committee in this report, although he that court on the appeal. The court said: The main point relied upon in this case by the defense. in argument 1s, was not present when the vote was taken. that the obligation of the companieB was to construct these pavements only Mr. ABBOTT. I am very sure there was no intention to do upon notice a-nd demand that they should do so, and that they were not in me any wrong. Now, I want to call the attention of the House default until that time, and that the District of Columbia authorities had no right to do that work and charge the cost to the defendant unless they had _to certain facts. In 1864: a charter wae granted to the Metro­ first been in default and failed to discharge their duty. politan Railroad Company giving certain franchises, which are Now that will depend somewhat also upon the construction of the charters not necessary to be enumerated. Subsequent to that time, and of the two companies. Repeating the language of section 5: ,; That nothing in this act shall prevent the Government at any time, at their after the building of the road from Seventeenth street to the option, from altedng the grade or otherwise improving Pennsylvania avenue Capitol, the board of public works of this city, which had con­ and such other avenues and streets as may be occupied by said roads, or trol of all the streets, alleys, and high ways of the District, passed the cities of Washington and Georgetown, from so altering or improving such streets and avenues as may be under their respective authority and an ordinance requiring the grading of the streets and requiring control; and in suctrevent it shall be the duty of said company to change that in the grading and paving certain materials should be used their said railroad so as to conform to such altered ~ade and pavements." .- for pavements. Among otherstreetsthathad tobegraded were We see that it prescribes, not that it shall be the1r duty on demand and those upon which this railroad company was then constructed. notice, but upon the happening of an event, and that event simply was the The board of public works also prescribed that a different kind alteration of the street by the corporate authorit.tes or by the United States. of material from that then in use should be used in paving It must be borne in mind that there were two cases decided the streets between the tracks and for 2 feet outside of the heee, one against this Metropolitan Railroad Company and the tracks. The railroad company objected to this change of the other against this Wash~ngton and Georgetown Railroad Com­ material to be used in pavmg the streets. Of-course it had no pany. The court saJ.S {quoting the law): r.ight to object to the raising or lowering of its tracks according That nothing in this act shall prevent the Government at any time, at to the grade established by the board of public works, but it ob­ their option, from altering the grade or otherwise improving &a.id streets jected to the material required to be used. or avenues. They took exception to being required to take up the cobble­ That case was tried below and appealed to the supreme court stones and substitute a wooden pavement, and they reserved o! the District. There the matter was fully considered upon all that point, and the case went before the courts. In the course the pleas presented on behalf of the District o! Columbia and of time the question did go before the courts of the District of the defendant-the two cases, one against the Metropolitan Columbia, and the courts held that under the specific terms of Company and the other against the Washington and George· the charter the board of public works had the right to require town Company having been consolidated. r.rhe court held in the street railroad companies of the city not only to conform to that case, in as plain terms as can be found in the English lan­ the grade prescrib'3d by the board, but also to use the materi.P.ls guage, that the board of public works had the right to pre­ which the board required them to use. The railroad company scribe the grade of the streets and to prescribe the material declined to do this work, and the city went on under its own of­ t"Qat should be used in paving .the streets and to require the ficers and paved the streets. railroad companies in t}le city of Washington to conform to the Mr. HEARD. Do I undershnd the gentleman to say that this grade and also to employ a certain material in paving the railroad company declined to put down that pavement between streets. But-the board of public works went on themselves the rails? · and did this work and charged it up against the railroad com­ Mr. ABBOTT. They declined, except ·in so far as the road pany, the materials used and the cost of doing the work and a from Seventeenth street to the Capitol was concerned. suit was subsequently brought to recover for the cost of labor Mr. HEARD. I underst!:tnd the facts to be, Mr. Speaker, that and material. the board of public works not only did not call on the raiiroad Mr. HEARD. Will the gentleman let me interrupt him company to do this work the second time-the time of which there, for I do not wish him to fall into error. the gentleman spe::tks-but that they assumed the right to ~do it Mr. ABBOTT. I do not. themselves, and did it; and did nQt attempt to tax the cost of Mr. HEARD. I know that my friend desires to state the that work against the railroad company at that time; but did matter correctly, but he is in error. He says that·the Gove~n­ tax it against the abutting property-owners and the District, as ment proceed-= d to do this work and t:tXed it up against the rail­ the law then provided. road company. Now that is an error. At that time the law -' Mr. ABBOTT. I was coming to that. authorized them to assess the cost of this work, two-thirds Mr. HEARD. Well, I interrupted the gentleman only be­ against the District and the remaining third against the abut­ cause I wished him to be correct in his statement. ting propert.vowners, and the assessment was made in that way Mr. ABBOTT. I think my statement was correct, as I will by the board of public works. When this paving was done show the gentleman. I stated that the railroad compr.ny de­ it was charged against the abutting property owners and against clined to do the work, and I made that statement because they the District, and it was not until 1878 when the form of govern­ permitted the city authorities to proceed to do the work; they ment was changed that that assessment was remitted to those of entered no protest against the city authorities doing the work, the property owners who had not yet paid it; and .in 1879 an and I regard that as tantamount to a declination to do it them­ act was passed giving a rebate to those who had paid the assess­ selves. When that case was brought before the District court ment, Congre3s thus giving back to the property owners the the defendant plead to the merits; and among other things which money which had been assessed against them by the board of .- the defendant plead was that this company had been charged public works for doing this work, and which had not.been as­ for the paving of certain streets upon which the line of its road sessed against the railroad company. h ad not been co?strueted and for _which, therefore, the company Mr. ABBOTT. The gentleman will remember there were was not respons1ble. certificates of indebtedness issued against that railroad company All these questions were considered by the court below; the which were put upon the market and sold. case was tried by a jury and a verdict of one hundred and forty­ Mr. HEARD. Only to the amount of about$7,000. seven thous:1nd :fi.vehundred and some odd dollars was rendered Mr. ABBOTT. I do not know the amount. against the company, which it is to be presumed was the amount Mr. HEARD. Those certificates of indebtedness were issued that was shown to have been expended by the District govern­ against some abutting property which the company owned, and ment in doing this work for the benefit of the company. they amounted to only seven thousand odd dollars. Those cer­ Mr. COBB of Alabama. The pleas of the defendant below tificates were issued against them not as a railroad company but were ruled out by the court on demurrer, and hence those par­ as owners of abutting property. ticular defenses were not before the jury. Mr. ABBOTT. Be that as it may; it is not material to the Mr. ABBOTT. I do not quite concur with the gentleman on decision of this case. that proposition. I will read a few clauses from the opinion . . Mr. HEARD. I think it is very material. . The court says: Mr. ABBOTT. At any rate, after this assessment was made It is to us inconceivable that .;;uch corp:.>rations should be allowed an un- against this railroad company this suit was instituted in the dis-

-...... I·

2854 CONGRESSIONAL RECORD-HOUSE. MARCH 12,

trict court of this District, and upon the verdict of a jury judg­ reach. I call attention to a portion of the decision of the Su­ ment was rendered for something over $147,000. An appeal was premeCaurt, which quotes a notice which was serve·d upan the taken to the supreme court of the District, which court passed District authorities by the Metropolitan Railroad Company, read­ upon the question and rendered a very elaborate opinion, which ing as follows: I have before me, discussing the merits of the several pleas-and Your board having recently ordered the paving of certain streets through which Congress had given this company p ermission to lay rails whereon to points made in that case. run street cars, we would respectfully ask the privilege to lay down sleepers T hat court decided just what I have stated, that the board of and cross·ties as the paving progresses, thereby pre::;erving the streets and public works had the right to presoribe the grades of the street avenues from being cut up at a future day in the execution of this work. and the material with which the street should be paved; that It is the intention of this company to extend the Metropolitan Railroad westward'from its present terminus to Georgetown, and ea~tward to Union­ t,he District was not under any obligation to inform the com­ town, and also lay tracks on Ninth street, from Pennsylvania avenue to the panywhen this work was done; that the board of public works Boundary, and in Four-and-a-ha.lf street, from the city ha.ll to the Arsenal could preceed to pave the streets at the cost of the railroad com­ gate, as soon as the property-holders along these lines subscribe to additional pany for l'abor and material. stock, which it is hoped will be done shortly. The 'Company are willing- Those are the facts. Upon such an appeal the supreme court Now, mark this language- The company are willing, with the J)t'rmission of the board, to go on at of the District of Columbia-affirmed the judgment of the court once and lay the timbers for these lines, fully preparing them for the rails, to below. From the judgment of the supreme court of the District be put in at some future time. To keep a well-laid pavement in good order an appeal was taken to the Supreme Courtof the United States. it is desirable to avoid all excavations, pa.rticularly in the center of the street. This consideration doubtless influenced your board in the wise precaution There the merits of the case were not touched. It was not then of ordering all water, gas, and service pipes to be laid prior to the paving. and there decided that the railroad company was not indebted The necessity is more apparent, where railroad privileges have been granted, to the Districtof Columbia or to the Government of the United to have the timbers laid as the paving progresses, which will not only be a benefit to the city, but add to the comfort or those re-::iding upon or passing States. It was simply decided that the bar of the statute of lim­ over the street. We are willing to anticipate the putting down of the sleep­ itations had become operative and had settled the litigation be­ ers and cross·ties of our contemplated extensions, provided the paving be tween the District and the railroad company. To this extent done-by your own contractor without charge against us- the decision of the Supreme Court of the United States went­ The company put in that saving clause- no further. and should be pleased if the suggestion herein submitted should meet the We have before us the judgment,of the District court upon the favor of your board. verdict of a jury; we have the decisio:rt of the supreme court of Now,in answertothegentlemanfrom Tennessee[Mr. RICHARD­ the Di.atrict of Columbia affirming the judgment of the court be­ SON] I say this company knew this pavement was to be put down low as to the merits of this case, finding this company indebted on those streets, and asked the privilege of p !.ltting down its to the District, or to the Government of the United States, in cross-ties and timbers in advance, so th::Lt it might be able to get the sum of $14 7 ,000. The Congress_ of the United States in 1890 the benefit of the pavements when it should want to lay down its undertook, in an appropriation bill, to forfelt the charter of this tracks. The Supreme Court and the court below both say th~t · railroad company in the event that the cpmpany failed to pay when the company thus asked the privilege of putting,down its the amount of this judgment. Now, as a lawyer, I would not timbers in advance, so that they might use the streets whenever contend that Congress may by such an act forfeit the charter. it should be desired to build the road, there was an implied Con o-ress, where the right to repeal a charter has been reserved, promise that the company would pay the Government for the may"'repeal it; but it can not in the proper.sense of the word for­ labor and the material used in paving those streets. That con­ feit a charter. To forfeit a charter the matter must be taken to stitutes a part of the ground of the judgment; and there is noth­ the courts of the country, which will take action of that kind ing whatever in the suggestion that certain work was done on when a corporation has violated the terms of its charter to such streets for which they were charged before their tracks were an extent as to justify a forfeiture of its franchises. laid. The work was done at the request of the company, and As forfeiture of a charter is an act which must be done the courts so held. through the courts, I say that the principal point which is in­ Mr. ROBBINS. I wish to ask the gentleman whether he volved in the suit now pending before the court of appeals of thinks this company has made an honest effc-rt to comply with the District of Columbia is destroyed by vtrtue of the measure the terms of its contract? which we now propose to pass. It is admitted by the committee Mr. ABBOTT. Well, sir, I decline to pass judgment upon a that the first ground on which the attorneys of the District now matter of that kind. seek the forfeiture of this charter would be obviated or annulled Mr. ROBBINS. You have heard the evidence. as it were by legislative action in the event of the passage of Mr. ABBOTT. I h ave heard most of the evidence. this bill. I believe as a matter of law the court of appeals would Mr. ROBBINS. Well, what do you think about that ques· not forfeit the charter if you strike out the first ground upon tion? which the forfeiture is sought. Hence I am opposed· to this bill Mr. ABBOTT. I think the company has made an honest ef­ in its present form. . fort to run these storage-battery oars. But beyond that I know I want it understood that I am not here for the purpose of ob­ nothing. structing this company in its efforts to change its motive power. Mr. ROBBINS. Then w~y should they not h?-ve additional I do not seek to prevent the use of any mode of transit which time? may conduce to the public convenience. But I desire that the Mr. ABBOTT. It was only over a part of the road that they rights of the Government should be protected against the rail­ made the trial. They made no effort to make changes on the road company that has received several times the favor of Con­ other parts of the line. gress in extensions of its charter. I might be willing that the Mr. RICHARDSON of Tennessee. But the storage-battery time within which the motive power may be changed should be cars would run on one part of the line as well as another, the extended. But as the company has neglected to take advantage tracks oeing the same. of the benefits which Congress on several occasions has extended Mr. ABBOTT. Of course; but the company did not experi­ to th~se roads, I do not see any reason why Congress should now ment in reapect to motive power except with the storage-bat­ interfere with pending litigation, the object of which is to forfeit tery cars on one part of the line of the road. the charter of this company and if necessary place the road in I anticipate that some stress will be laid on the fact that the other hands. Supreme Court of the United States held the judgment of the Mr. COOPER of Indiana. Before the gentleman takes his lower courts void because of the bar of the statute of limita­ seat I would like to ask him to give us the benefit of any sug­ tions. Now, every one knows that when a court holds that the gestions that he may be able to make. What plan would he pro­ statute of limitations has become operative against a claim that pose to the House if we do not agree to the terms of this bill? does not affect at all the merits of the claim. That statute af­ What does he think we ought to do in order to furnish the peo­ fects only the remedy, not the merits of the suit. Hence the ple with an improved method of travel? fact that the Supreme Court of the United States held that the Mr. ABBOTT. In reply to my friend from Indiana, I will say statute of limitations had barred this claim does not affect in that, believing this Government has an equitable claim against any wise the justice of the claim against the railroad company. this company for $147,000, I hold that any additional rights or I am aware that we can not go into the courts of the country privileges necessary for the operation of this railway should not again by a new suit and revive this claim; I doubt, after the de­ be granted, except on the condition of the payment of that cision of the Supreme Court of the United States, whether Con­ money. gress could confer power upon the court of appeals to take juris­ Mr. RICHARDSON of Tennessee. Would my colleague on diction, even in such a case as this, becausu the case, so far as a. the committee [Mr. ABB~TT] insist that the company ought to legal debt is concerned, is wiped out of existence by virtue of that pay for that portion of the streets paved by the old board of pub­ decision. But we all know in what estimation men in Oul' various lic works where the Metropolitan Railroad Company had - no parts of the country are held when they plead the statute of lines and where they did not have any for years afterward? limitations against just claims. They are scarcely looked upon Mr. ABBOTT. I will answer my friend in this way, and I as honorable men. And this railroad company must be placed d~ire Tt':le special attention of gentlemen whom my voice may in the same category with those persons who reeeive indulgence I )

1894. CONGRESSIONAL RECORD-HOUSE. ,. 2855

from their creditors and afterward take advantage of it to. plead corporation is to receive a benefit, butthequesijon goes further, the bar of the statute as a defense against an honelit debt. an~ addresses itsvlf to us as to whether we are will ng by legis· Mr. RICHARDSON of Tennessee. Will the gentleman yield lat1ve power to take property from those who h ave an interest fo1· an interruption? in the corporation, poor men and others who have put their Mr. ABBOTT. Yes, sir. earnings there. Not only that, but every citizen oi this District Mr. RICHARDSON of Tennessee. The gentleman ought not and every stranger within its gates, every man who has to use - to convey an impression that indulgence was granted to t~is this means of transportation, is interested in what this Congress company at their request. There was no pretense of any cla1m shall do touching the control of the road now in existence. It against them until long after the right of action had been was admitted before the committee, by the attorneys represent­ barred. They did not beg for indulgence in order that the time ing the United States and the District-, and admitted by the Dis­ prescribed in the statute might run to their advantage. The trict Commissioners who were before us, that they did not desi re claim was not mentioned to them until long after it was barred a forfeiture of this charter. The question was put directly to by sts.tute. them, "Do you want this charter forfeited? Do you want the 0 Mr. ABBOTT. I understand that; but it will be disclosed by privileges of this company destroyed? Are you seeking to have the record in this case that there was an impression among-the a new company formed, · or this line of transportation wholly lawyers of this District that the st3.tute of limitations would discontinued?" not run against the District; that the District government was To all these inquiries they answered in the negative. and when possessed of such sovereignty, so to speak, that the statute of the que~ion was finally put, "What do you want?" they said in limitations would not run against it. effect, "We want to use the power of Congress to coerce money Mr. CULBERSON. And the supreme court of the District of from this corporation." Columbia so held in that case. When this Metropolitan Railway Company wa.s chartered Mr. ABBOTT. And the supreme court of the District of Co­ there was a provision put into the charter of incorporation to lumbia so held in this case. So, therefore, it was not the fault this effect. They were required: of the officers who represented the Districtand the Government To keep said tracks- of the United States. They were laboring under an erroneous . That is, the tracks of their road- impression, as it appears since to have been, that there could and for a space of 2 feet beyond the outer rails thereof, and also the space have been no bar to a just claim on the part of the District between the tracks. at all times well paved and in good order, without ex­ against those to whom it had furnished labor and material. L:t­ pense to the United States or to the city of Washington. boring under that impression, it being not only t.he opinion of What is the meaning of that clause in the charter? That thev the bar of this city, but of the courts of this city, the suits were were required at all times and under all drcumsts.nces to pave not brought, and I was informed personally, and I believe it was the streets along which their road was constructed? Not that, so stated in the committee-! was informed by one of the attor­ but to keep them pa.ved. If there were no pavements in exist­ neys that s'uch was the general understanding at the time of the ence, it was the duty of the road to construct them. If there institution of this suit. were pavements in existence at the time the ·track was laid, it Now, Mr. Speaker, I believe I have said all on this subject that was their duty to keep them well paved, and when they did that ! ·desire to say. I do not believe that under the circumstances the duty thus imposed upon them was fully met. of this case, and under the facts of this case, that this company Now, I call yom' attention to that, and I ask members to re­ ought to be granted this charter. member it, because it will be of service as I proceed in this argu­ Now, I am very much in doubt as to what will be the effect of ment. Without doubt from any source, without question by any­ this legislation if it should pass, upon the -cases now pending in one, the railroad company when it constructed its track did the courts of this District. If this bill passes will it not be such pave the street. along which the track was -constructed. They a recog-nition by the legislative department of the Government, first constructed a line from Seventeenth street to the east of notwithstanding the· reservation contained in the third section, the Capitol1 and by universal admission from the attorneys and will it not be such a recognition of the charter rights of this from the Commissioners, from everybody, the track was well company as would be regarded necessarily as a waiver of the paved and well constructed, and it was constructed of such ma­ right of forfeiture? I do not believe that it is within the-power terial which after developments and circumstances have demon­ of Congress to pass such additional legislation as is proposed to strated was the correct material to u.3e for that purpose. be passed by this bill. In other words, they did comply faithfully and literally with ­ Now, we say to this company, "If the court of appeals of this the command that had been put upon them by the clause in the District decides against you, your chartered rights shall be ex­ charter which I have read. At that time the District govern­ tended by your paying so much money, but in case the court of ment was different from what it is to day. appeals of the District decides in your favor in those forfeiture About the year 1871 the Congress of the United States saw proceedings, then your charter is complete and you go on !iS be­ proper to change the District government and to give to the fore." District a Territorial form of government. A governor was Mr. COGSWELL. And pay nothing. provided for and a Legislature was given to the District, and to Mr. ABBOTT. So in either event, under the ~ provisions of this Territorial ~overnment was given all the power with refer- this bill, the charter is to be continued. ence to the control of municipal affairs. • Now, the main provision in this bill, taken in connection with The act also provided for a board of public works, and certain the pl~oviso in the third section, seems to me to contain two con­ powers were given to th t board. The following power was con­ tradictory propositions, one which says to the company, "Your ferred upon the board of public works: charter is not forfeited," and the other, "You may be charwred The board of public works shall have entire control, and make all regula­ provided you are forfeited, by paying money,, but you are not char­ tions which it may deem necessary, for keeping in repair the streets, alleys, and sewers of the city and all other works which may be intrusted to their tered if you do not pay the money." ·So it leaves it in that in­ charge by the Legislative Assembly or the Congress. definite position, which! do not believe would be regarded with any sort of favor by the court. And as we legislate upon this This boa1'd had no legislative authority. It was an agency of grant of right to this company, to give it the chance to change the Legislature of the District and nothing more. Itcould·only its motive power, that in itself, in my judgment, would be re­ act as it was authorized by legislative enactment. garded as a waiver of the "''ight of forfeiture. Now, this District Legislature passed an act in these words: The sum of$4,000,000 is hereby appropriated until the expiration of the first I am inclined to that opinion, although I have not investigated fisca.l quarter after the adjournment of the next regular session ot the i..egis­ it very carefully. lative Assembly for the improvement and repairs of the streets, alleys, ave­ Mr. COBB of Alabama. Mr. Speaker, I hope I may have the nues, and roads in the District of Columbia., and for the construction and re­ pair of sewers, bridges, and other public works therein, to be used and ex­ attention of those gentlemen who take an interest in the pend­ pended according to the provisions of the act of Congress of the United States, ing matter, because I propose to show that the Metropolitan entitled "An act to provide for the government of the District or uolumbia., Street Railway Companyof this city, neitheratlaw nor inequity, approved February 21, 1871," and as fully as may be practicable and consistent owes one cent of money to the District of Columbia. with the public interests, etc. · I agree entirely with the proposition that has been advanced That is the only act of the Legislative Assembly of the Dis­ here, that if this company was indebted to the District, all the trict of Columbia under which this board of public works had power that could be used, either in the courts or in Congress, to authority to interfere with the track of this railroad company. cause them to pay it ought to be resorted to. ·Now, I ask you to construe that act in connection with the act So that my position before the House is not one of pleading for of Congress which had put a duty upon this company: and had l!lercy for the railroad, but simply to so present this case to the also conferred upon them certain powers. Here was the power House that gentlemen can see the true merits and decide wnat to construct a railroad. Here was the correspondin~ duty to the courts of the District refused to permit the jury to decide, pave and to keep paved the streets. That was the act of Con­ whether or not an indebtedness existed. gress. Under that act this work had beeti done. Whether the We ought not, Mr. Speaker, to look wholly on one side of this power was in the Legislative Assembly of the District to legislate proposition. The question here is not sot..ly whether a soulless so as to deprive. this corporation of the right to act in the mat- .

,I .... 2856• CONGRESSIONAL RECORD-HOUSE. MARon 12,

ter of paving is a question th~t I naed not raise; but I do s~y Now, gentlemen, let. us pause right there a little upon the that under the act passed by this Assembly the board of public equity side of the question, leaving out of sight the legal propo· works had no authority to interfere with the track that was al­ sition. Let us pause here and see how the equities stand with ready constructed. reference to this improvement made. The road had constructed It was a general power to improve streets. To improve them a substantial pavement. It was taken up and a worthless struc­ how? To improve them with reference to existing law and ex­ ture put down by the Government. The road had to take that isting conditions. And there the authority stopped. And that up shortly thereafter, and to relay its original stone pavemen.ts gen.eral enactment could not in anywise whatever interfere at a cost of thousands of dollars. If this agency of the Govern­ with the authority which had already been given to this rail­ ment committed an error, the Government is responsible, in road company to improve and lay down its tracks. The author­ equity at least, and this road should not ba again required to ity given to the railroad company by Congress and the author­ pay for that which it had twice successfully done itself, and also ity given to the board of public works by act of the assembly for that which was utterly and entirely worthless. How does it can both stand. look? Now, what vvas done? The co:mtry knows what was done. Mr. COOMBS. Will the gentleman allow me to ask him a Gentlemen will remember that this was under the so-called question? Shepherd r~gime. This board of public works went all over Mr. COBB of Alabama. Certainly. the city improving and leveling and filling ~nd doing what in Mr. COOMBS. I will ask the gentleman if the private prop­ their sweet will seemed to them to be just and proper. They erty owners were not compelled to pay those assessments? went to work to change the pavement which this railroad com­ Mr. COBB of Alabama. Yes, sir; they were. pany had put down undertheauthol.'ityfrom the actofCongress. Mr. COOMBS. But the railroad company successfully evaded They gave to this company no notice that it was required to paying them. change its track. There is abundant proof in the record to Mr. COBB of Alabama. Yes, or rather did not pay. It is not show that they denied to the company the right to interfere in correct to say evaded payment. ·any manner whatever. Mr. COOMBS. Now, we are asked to give to a railro:1d com­ Now, suppose it to be true that this company might, under pany,a large corporation, rights which we do not give to the the authority conferred on the board of public works, have owners of private property, because they are not sufficiently · been compelled to change its track. Suppose the act of the Leg­ strong and powerful to successfully evade the payment of those islature of the Distri-ct of Columbia had reference to this rail­ assessments. road track? Then the duty was plainly upon this board of pub­ Mr. COBB of Alabama. But the railroad paid more than lic works to notify the company to make the cha11ge, before they would have had to pay if the wooden structure had been a they could legally charge them with a dollar of e xpenditure. success. This they did not do. It is not pretended that they did it. Mr. COOMBS. Did not the owners of private property suffer They went on and made the change themselves, expended the in the same manner, and the railroad company,. by reason of its money themselves, and under the idea, as abundantly shown in ability to evade the payment, has let the matter run on until it the record, that the railroad was not to be responsible for one has become an old debt? dollar of the money expended. Howisthatshown? It is shown, Mr. COBB of Alabama. That is not it at all. Mr. Speaker, in the first place, that yvhen the work was done the board of the gentleman seems to have formed his conclusions and refuses public works assessed the damages against the abutting prop­ to open his mind to any conviction whatever. erty owners, one-third to those owners, and two-thirds to the Mr. COOMBS. No. District, making no claim whatever against this corporation ex- Mr. COBB of Alabama. I have asserted as plainly as I could,· ·cept to charge it as the abutting owner of certain property which and I have shown it, I think, and will succeed most perfectly if I it held. It is shown in the further fact that eight years passed am allowed to go on in my argument, that not a dollar was due away before the claim was set up by the District against this from this company. It was a solemn contract, a charter con­ company that they were justly due the amount expended for tract, that this city should not interfere with their work at all. making the change of pavement. The street was paved by them under authority conferred by Mr. HEARD. Will my friend permit me, right in that con- Congress and in obedience to a duty imposed upon them by Con­ nection? · gress. Mr. COBB of Alabama. Yes, sir. Mr. BLACK of Georgia. W~ll the gentleman permit me to Mr. HEARD. In the mean time the act of 1878 had remitted ask him a question? the assessment. Mr. COBB of Alabama. Certainly. Mr. COBB of Alabama. I understand that. Mr. BLACK of Georgia. Why were not all of these facts Mr. TERRY. Did the Commissioners pave between the rails? plead? Mr. COBB of Alabama. They did. Mr. COBB of Alabama. I will come to that. The gentleman Mr. TERRY. Whatkindof pavementhad been there before? has not asked me a question in the line of my argument. Mr. COBB of Alabama. Cobblestone pavement; just the same Mr. TERRY. I would like to ask the gentleman this: Do I as there is now. understand the gen.tleman from Alabama to contend that if the · Mr. TERRY: What kind of pavement did the Commissioners railroad had laid a particular class of pavement and the officers putthere? · - of the government decided that the District ought to have a Mr. COBB of Alabama. I will come to that; but before com­ different class of pavement, that the railroad could continue the ing to that I am treating of the legal question. In 1878 the Con­ kind of pavement they had originally put down? gress of the United States passed a law recognizing the validity Mr. COBB o£ Alabarp.a. Unquestionably. of these assessments and ordering them to be paid. The act Mr. TERRY. I do not agree to that. provided that there might be certain robates, upon proof. There Mr.. COBB of Alabama. I need not go that far. What are was not a word in the act with reference to the charge against the charter rights of this railroad? They constitute a contract this corporation; but a recognition of the legality of the action that may not be interfered with. Now, what was the charter of the board of public works in making the assessment against right here? It wastokeepapavement such as they might select, the owners of abutting property. That, I believe, was an af­ provided it met the terms of the act. That is the law. What firmative act of Congress, which in its operation excluded the must be the result of a contrary construction? Why, the road railroad from any charge. might have complied with the act as they understood it, and Now, to come to the question of the gentleman from Arkansas. as any man of sense would understand it, by putting down a What did this board of public works do? They took up this secure, firm pavement, safe through all the way, and before pavement, which all the proof shows would have lasted almost the last str6ke has been made by the company in complet­ mdefinitely, consisting of cobblestones and bluestones in char­ ing the work, the -District might say "take that up and put acter such as we h~vethere to-day, and put down a pavement of down another." What were those charter rights? "At all wood and a mixture of tar and cinders, or something of that sort. times to keep the road well paved and in good order." Now, They put that down themselves, without notice to tho company, will gentlemen contend that the power is in the District to without req.uire~ants made upon tne company, and upon the change, at 1ts own pleasure, any tracks that were well paved, idea, as is abundantly shown, that the company was not to be in good order, according to this power conferred by Congress? liable. - Now, what was the result of that experiment? It lasted, Mr. TERRY. I apprehend right there, if the gentleman will as you have been told, but a short time. In a very short time it permit, that if the District had the right to change the pave­ became apparent that even common humanity, humanity to.the ment so as to bind the property-owners it would have the right stock that was pulling those cars, acsolutely required that this to change it so as to bind the corporations. pavement should be :;tbandoned. Holes were soon worn in the Me. COBB of Alabama. There is where the gentleman falls wooden structure, and it was abandoned within a short time into error. The property:owners might be assessed under the thereafter. And then? The company itself Wa.B required to take law. There is no charter contract in their favor, as in the case up this wooden pavement at its own expense and to relay a of the company. But the company itself might have been, and - pavement of stone. It did it. indeed was, assessed as a property-owner of abutting property.

-- 1894. CONGRESSIONAL RECORD-HOUSE. 2857

Mr. TERRY. But they have that under the law of the land. rers or not. It did do it in regard to some of those pleas; but I Mr. COBB of Alabama. Of course; and if there was not this repeat, that is immaterial. This is true and can not be denied, charterrightconferred upon the road they, too, would have been that upon all the issues upon which the roads could have es­ subject to the will and the control of this District government; caped the judgment the court instructed the jarydirectly against but the property-owners who were charged with a part of this the company. For instance, the court instructed the jury that work were not protected by any contra.ct that they had made by it made no difference what was the cost of this work, that the virtue of the authority of Congress. board of public worksmightthemEelves dete-rmine that question Now, I said a moment ago, Mr. Speaker, that it was never and that the railroad compa.ny had no right in court or else­ contemplated by this board of public works that this road should where to say one word against the cost of the work. ever pay one dollar of this money; anp. it has been ev:ide~?ed in the Gentlemen speak of this court and its decision. I am talking way I have stated. Why, gentlemen talk about this rauroad pre­ to lawyers. This was assumpsit, based upon the idea that the venting action until the statute of limitations barred it. District of Columbia had done work for which this railroad The whole record shows that no effort was made to do any­ company should reasonably be called upon to pay. What is the· thing ag-ainst this railroad company until long after the bar of rule in assumpsit? Who ever heard, in a case of that sort, that the shtute was complete. It was pot until the act of 1878 was the question was not submitted to the jury as to the reasonable­ passed that they conceived the idea: of taking action againstth.e ness of the cost of the work done? Tho road stood there and company. Now, that act of 1878 Itself. excluded the road, If plead, and to that plea there was a demurrer sustained. The de­ there ever was any liability upon it, from being compelled to fendant in the court balow plead that this track had been laid meet that liability. But let us go a little further. It is said without any advertising, without any invitation for bids, and there is a judgment in the courts for $147,000, and that that that the price was far in excess of the amount for which the is evidence of indebtedness. If you will look at the record work could have been done. in that case you will see clearly that it was utterly impos­ To that plea a demurrer was sustained, and it was withdrawn sible for the jury to have done anything else than to render from the jury. And yet gentlemen say that there is $147,000 the verdict. The court itself controlled the verdict. Thiscom­ reasonably due from this company! You will find that it was pany put in several pleas, ·eight or ten, and almost every one the case all along througk this trial, that the court took the of them was excluded from consideration upon demurrer sus­ matter in its own hands and ruled, from first to last, that the ts.ined. company was absolutely at the mercy of the board of public Mr. CULBERSON. The opinion of the court seems to show works. There is where you get your $147,000. that issue was joined on all the pleas except those to the statute Mr. BLACK of Georgia. I wish to ask the gentlemanaques­ of limitations. tion for information. It seems to me he is attacking the judg­ Mr. COBB of Alabama. That is not the record that I have. ment of the court. I make my assertion upon the authority of a brief filed in the Mr. COBB of Alabama. Why, I say it is a nullity, utterly supreme court, in which it is stated that demurrers were sus­ worthless. I am attacking it before this House and before these tamed in many of these plea..c;. Here is one: "The demurrer lawyers. was sustained, and an exception was taken to the ruling of the Mr. BLACK of Georgia. Do you say that it is a nullity? court." ' Mr. COBB of Alab::tma. Yes, it is a nullity now. It had some Mr. CULBERSON. This opinion says: "The issue of fact legal effect at the time it was rendered, but I say it is a judg­ was joined on ten pleas and on the two pleas set up to the stat­ ment that never ought to,have been rendered, and I am putting ute of limitations.'' before this House the law and the facts to show that if the law Mr. COBB of Alabama. There were two eases there. had been properly charged to the jury the judgment never Mr. CULBERSON. No; I have here the opinion of Judge would have been rendered. Bradley-. Mr. MADDOX. I want to ask the g entleman a question, for Mr. COBB of Alabama. I know; but there were two cases in­ there is something in this matter that puzzles me. This c3Se, as volved, the case of the Washington and Georgetown Company I understand, has been appealed to the Supreme Court of the and also the case of the Metropolitan Railroad Company, and I United States, and that court has decided that the claim is apprehend that you are reading with reference to the case of the barred by. the statute of limitations? Washington and Georgetown Railroad Company. However, I Mr. COBB of Alabam~. Yes, sir. do not care anything about that. Mr. MADDOX. Does not that end the case? Mr. ABBOTT. Does not the gentleman know that the Wash­ ·Mr. COBB of Alabama. Of course it does. tngton and Georgetown Company's case was not appealed to the Mr. MADDOX. Then why are you biking so much about Supreme Court? this judgment? Mr. COBB of Alabama. It was not appealed to the Supreme Mr. COBB of Alabama. Because gentlemen here who are in­ Court of the United Sta.tes, but it was appealed to the supreme terested in the payment of this money by this company say that court of the District, and the record which the gentleman from that judgment is an evidence of a debt not legal now, but an Texas has is the record of ~he court of appeals of the District, equitable debt; and that inasmuch as the District government and covers both cases. can not llO into the courts and enforce the judgment, Congress Mr. ABBOTT. The supreme court of the District decided ought to come in with its coercive power-- both cases in the same decision. Mr. RICHAH.DSON of Tennessee. To "squeeze" them, as it Mr. COBB of Alabama. I understand that. has been stated. Mr. ABBOTT. But I say that the Washington and -George­ Mr. COBB of Alabama. Yes, squeeze them. town Company did not appeal to the Supreme Court of the United Mr. MADDOX. What is the suit that is referred to in the bill States. that you at·e proposing to pass? ·Mr. HEARD. The gentleman from Texas is wrong in that. Mr. COBB of Alabama. The suit that is pending for there­ '£he Washington and Georgetown Company did appeal and pre­ covery of this $147,000. : .... sented the same plea to ·the statute of limitations that was pre­ Mr. MADDOX. Not the claim that was decided by the Su­ sented by the Metropolitan Company, and they g·ot the benefit preme Court of the United States? of the same decision. A little further on, the mandate of the Mr. COBB of Alabama. Yes. Supreme Court required the return to the Washington and Mr. MADDOX. Do you recognize that claim in thisactafter Georgetown Company of three hundred and odd dollars, which the question· has been decided by the highest court? had been paid out as costs, and the president of that company Mr. COBB of Alabama. Only to the extent of permitting the came here and asked Congress to appropriate that money to re­ Di'ltrict to make it good if they can in the courts. imburse them for costs, and· it was on account of that demand Mr. STALLINGS. I wish to ask my colleague a question that the gentleman from Georgia, Mr. Clements, became indig­ along the line of his argument. As I understand, the court has nant and had that provision put upon the appropriation bill re­ held that the statute of limita.tions bars this claim? quiring them to pay the whole amount of the judgment or else Mr. COB,B of Alabama. It has so held. forfeit their charter. And if the gentleman were as familiar Mr. STALLINGS. What court? with the history of this matter as I am, he would know that, as Mr. COBB of Alabama. The Supreme Court ~of the United was stated before the committee, the Washington and George­ States. town Comp:tny paid that money only when they had other im­ Mr. STALLINGS. And there is not an appeal beyond that. portant legislation pending in the Senate, and they wished to Mr. COBB of Alabama. There is not. make fair weather in Congress ~n order to get further benefit. Mr. STALLINGS. Now, why is itthattheDistrict of Colum­ Mr. ABBOTT. Well, l do not know those facts, but I think bia does not accept the $50,000 which I understand this company that this company, which also desires to get the benefit of further has proposed to pay.. by way of compromise? legislation, ought to go and do likewise. Mr. COBB of Alabama. I thought you were going to ask me. Mr. COBB of Alabama. Mr. Speaker, it is not material a question along the line of my argument. [Laugnter.] I hare whether the trial court of the District Eustained those demur- said nothing about a compromise for $50,000.

-., 2858 CONGRESSIONAL .RECORD-HOUSE. MARcH 12,

·Mr. STALLINGS. Well, that is the-line 4 you ought to bear- a . new company? Do you want this company to stop operations?" guing in. [Laughter.] . The reply was," Oh, no; we do not-want them to stop-their oper­ Mr. COBB of Alabama. I ·will get there presently if you will ations." "Then," said I, "if you do not want a new company let me. to be formed, what good will this procee;iing do you? Why The proceedings in the trial court in the District of Columbia should you inconvenience the traveling public by undertaking was as I have stated, and this was six or eight years after the to take these franchises away from one company and give them work was done: and all along during that period the District to another." Everybody has admitted that so far as this first government h :1dno idea, solar as the record discloses, of charg­ action is concerned, it ought not to prevail. ing this road fo.r the work; but after the passage of the act of Mr. COX. Will the gentleman please state again what was 187-8, conceiving the idea that they had a case, they brought a the ground upon which the q;.to wa-rranto was asked in the first suit in assumpsit against the company..for the payment of this case~ money. Mr. COBB of Alabama. It was on account of the failure of In this suit judgment was rendered, and, as I have said, an ap- the company to change its motive power within the time re­ . peal was taken to the 'Supreme court, and the Supreme Court of quired by the act of Congress. I will not go over that matter, the United States, seeing that the bar of the statute of limita­ but it llas been shown that this company made faithful effort to \ tions was complete, passed only upon that question and reversed bring about that change and has failed, because of the impracti­ the decision of the court below and directed that court to dis­ cability of using the motive power which it sought to substitute miss the suit. for horse power. The company has not teen guilty of any neg­ That di.sposed of that judgmerrt"fi.nally and foreve1~. Now, be­ lect or laches in that respect. Now, as to the bn.sis .of the sec­ cause they can not recover in the courts they come to· Congress ond suit. The Appropriations Committee of this a:ouse put on and endeavor to induce this House so to legislate that this com­ an appropriation bill a little clause providing that this company pany will be crippled and destroyed unless it pay.s this $147,000, should within a certain time pay to this District$147 ,000, or their whether it is due or not. franchises should be forfeited. Now, the attorney representing Mr. COX. That is unless it reverses the decision of -the 'Su­ the United States·bases his second action of quo warranto upon preme Court of the United States. • that act of Congress, undertaking to require the payment of Mr. COBB of Alabama. Unles·it r-e-verses the-decision of the $1-!7,000. Supreme Court of the United States. Mr. BLACK of Georgia. Was that amendment put in the Now, when this matter was befO'l"e the committee, as has been bill after the matter had been referred to some committee and statedbymycolleagueonthecommittee[Mr.RICHARD.SON]~every­ inveBtigated, or was it offered on the floor of the House? body was heard. The attorney representing the United States Mr. COBB of Alabama. It wa.s not offered on the floor of the was _there; the attorney representing the District was there; House. It was tacked upon the bill by the Appropriations Com­ the Commissione1Ts were in vited to come, and they did come. mittee and brought in here in that way. There was a patient hearing all around. And during the..hear­ Mr. STALLINGS. The amendment was voted on in the ing when we had all these facts before us and more than I have de­ House. tailed, a suggestion was made for· a compromise. I myself said Mr. COBB of Alabama. The·whole bill went through; nobody to one of the attorneys of the road, "Why not buy your peace? knew anything about it. It is better for you to pay something and be done with this con­ Mr. STAI.JLINGS. But it was an act of Congress, regularly tinual harassmen-t tha;n ha.ve it go on any ful'ther. Here is a passed. suit pending against you in court; why not-wip_e it OQt of exist· Mr. COBB of Alabama. It was passed by Congress. But ence by a just and reasonable compromise." after that, a bill was introduced here to repeal that I?art of this That was the beginning of interviews between the a;ttorneys a-ppropriation bill. That bill was referred to the Jud10iary Com­ representina·the road and the attorneys representing the Dis­ mittee of the House, and by a unanimous opinion, which I have trict; and finally the l'epresentatives of the roau said, "Yes, before me-an opinion ably written by the gentleman from Ken­ we will agree to pay every dollar which it cost to lay down the tucky [Mr. GOODNIGHT]-the committee decided that that clause pavement along the line of the road which was then in operation, on the appropriation bill was wholly unconstitutional and void. amounting to nearly $40,000. That is all ior which we could in But, notwithstanding this, the Distr-ict is pressing against this any event be made liable; and we will pay it." I .had suggested railroad compJ.ny the suit for forfeiture on account of a failure paying $50,000. The attorney representing the District caug4t to pay that money under that provision put upon an appropria- at that suggestion and said, "Yes, pay $50,000." And he was tion bill. , willing, as I understand, to take $50,000. The representatives Mr. COX. The claim which the Supreme Court of the United of the company were then asked, " Will you pay that much?" States had decided against? 'They replied, " 'Yes; we do not believe that we owe a dollar in Mr. COBB of Alabama. Yes, sir; precisely the same. Now law or in equity, but in order to rid ourselves of this litigation the railroad- company said, ''Although we do not believe this and put an end to it we will pay $30,000." We thought the litigation can be successful, yet r a ther than be harassed by it, thing was ended so far as we were concerned; we were congrat- · we will buy our peace by paying the District $50,000." This ulating ourselves that a happy solution of the whole matter had proposition, as I h nve said, was declined by the District Com­ been reached. But when we referred the question to the Com­ missioners. That is the whole case. · missioners they wrote back a communication (which by the bye This company has tried, as l believe, to do what was fair, equit­ / they put in the public prints before it ever reached the com­ able, and just all the way through. mittee) stating they were not wiHing to agree to that compro­ Mr. BLACK of Georgia. How did that question .get before mise. the Judiciary CommitteeiJ Mr. STALLINGS. Has not Congress the right to make them Mr. COBB of Alabama. Upon a bill which was introduced to willing? repeal that clause of the appropriation act. Mr. COBB of Alabama. Well, the committee did notfeel dis­ Mr. BLACK of Georgia. What became of that bill? posed to attempt to force anything upon the District Commis­ Mr. COBB of Alabama. It was navel' acted on in the House; sioners. But we did say to them, "Now, inasmuch as you will it fell because it was not reached. But he ·e is the opinion of not accept this proposition made by the committee to both parties the Judiciary Committee declaring that provision of the appro­ and will not agree to settle this whole matter in the manner sug­ priation act to be utterly unconstitutional and void. gested, the next proposition we will put before you is to let you Mr. COX. It-necessarily must be. litigate the matter in court to see whether you can succeed in Mr. COBB of Alabama. Now I have but one more suggestion recovering this money." Now, what is that litiga tion? After to submit: that is with reference to the amount chargeable the decision of this case by the Supreme Court of the United against this company, if they are responsible for anything. Mark "I St:1tes, the assistant of the Attorney-General, acting under in­ you, that of this sum of $147,000, a little more than $39,000 is structions from the Attorney-General, brought two suits of quo charged Iorwork done in takiug up and relaying the pavement on warranto to forfeit the charter of this company. One suit is streets along which the road was then constructed; the balance, founded upon the idea that this company had failed to change its mnch the larger part, is charged for work done along streets motive power within the time limited by the act of Congress. where the road had never been constructed at all. The other suit proceeds upon the ground that the charter of the Mr. COX. Will the gentleman pardon me a question. Alnog company ought to be forfeited because the company had failed those streets for which that charge is made, the company, I sup­ to p'ly the $1-17,000 after it had been required to pay it by a little pose, had -the right to lay their tracks? clause put upon an appropriation bill in this House. Mr. COBB of Alabama. I will come to that matter and will Mr. COX. Will you explaiu that matter to us? try to explain it. . Mr. COBB of Alabama. I will. So far as the first action is When the board of public works proposed to pave these streets concerned, as I have -slid already, neither the District Commis­ they themselves, as the record shows, procured the ra-ilroad com­ sioners nor the atto:neys themselves believe that the action pany to make to them a proposition to lay down their track as ought to be pressed. I said to these gentlemen, "Do you want. this pa;vement progressed. Thereupon the railroad company

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1894. CONGRESSIONAL RECORD-HOUSE.

Hddressed a communication to the board of public works saying, Mr. WALKER. Mr. Chairman, the r<>ason for offering th6 "We \-Vill la.y down our track as you ma.ke the pavement, pro­ amenament to section 3 is,. that the House is unable to determine vi.ded "-mark tha t-" provided we are not to ba charged with what may be included in the word.s used in the bilL The amende the construction of the p:wement." men t simply makes ii. t inclusi:ve; that is to say, to include all that' Mr. HEARD. W.ill the gentleman allow me to make a cor­ may be pending in suits against the company, and is clear in its rection? The company did not propose to lay down its tracks, meaning. It certainly can do the bill no damage, and will make but to lay down the cross-ties, so that when they did have to use it include all the matters at issue. the road they would not have to incur the expense of excavat- With reference to the amendment by in.serting the word '' elec­ inD". • tric'' in line 11 of section 1, I wish to call attention of the House Mr. COBB of Alabama. That difference is not materiaL to its very great importance. Gentlemen understand what I mean; that as the pavement was Mr. Speaker., the cities of this country have a perfect network laid. down, the company would prepare the way to !tty down their of trolley wires ov-er their streets. It is coneaded on all hands tracks when they should need the road. that no other thing could be conceived of that woul.d be permit­ .Mr. HEARD. That-is right. ted in streets so dangerous to life and property as the:::;e over­ Mr. COBB of Alabama. That is what I meant to say. head trolley wires. There is an effort now being made, and which Now, there was a contract accepted by the board of public has been made irom the date when the first trolley wire was works that if the company would do that they were not to be strung, to get these trolley wires out of the public streets and charged with any work done in laying the track between the underground. rails and for 2 feet on either side outside of the rails. Yet the The difficulty is notamechanical one.. The difficulty is purely court that tried this case charged the jury that the District because the great trusts, the General Electric Company and government had the right to look to the railroadcompanyfor pay­ the Westinghouse Electric Manufacturing Company, which are ment for work done under the circumstances I have detailed. two trusts when they can carry out their purpwes any better by Now, to go back to the charter. Here is the contract; here is being two than by being separate and individual, and which are the authority given to the road; here is the duty imposed.; and one great trust-when they can carry .out their purposes any better what is it? Do you suppose tbat if this company when it came by being one trust and combined with the overhead trolley to construct its tracks s11oul«. have found a pavement already street-railroad companies, are determined that no underground thera, it would have had to pay for the work already done? electric trolley system shall be put in anywhere if they can pos­ There was no .such thing in contemplation. They were not re­ sibly prevent it, and shall not be allowed to work successfully if quired to make a pavement except upon the -streets unpaved. put in. Now, they were not ready to use these streets atall. The time Mr. HAINES. Will the gentleman permit a question.? had not come under the act of Congress when they were required Mr. WALKER. No, sir; not at this pomt. A little later I to use these streets for their railroad. And without reference to will. There is running to-day in the city of Chicago an under­ the fact that the ro~d was afterwards to use the streets: this ground electric trolley £ystem that was put in over two yeat·s board oi public works went on to do the paving, and a proposi­ ago on the very worst piece of road that exists in the United tion came from the company that, in order to prev-ent the break­ States, an.d it is running successfully to-day, and has so run for ing of the p:wement when it had been laid down, they would two yea·rs. Now, what-do you suppose the company running preps.1·e for putting down their tracks along the route as the that piece of road have had to contend with? There have been work of Da\ring progressed. agents-presumably, and we have a right to believe, in the in­ And yet the court charged the jury that the company were as terest of these two great trusts and trolley roads combined-that much responsible for paying for that work as they were respon­ have resorted to every m-eans, farir and foul, to destroy the sue· sible for paying for the work between the tracks of the road cessful working of that piece .of road. After that piece -of ro:1d along the streets where the ro:td was already constructed. Is began to operate, the dynamo had pieces of metal thrown int<> that right? Is that legal? , it that destroyed the armature in order to prevent the running And do not forget that this oth-er pavement put down by th-e of that road. board of public works along the stt:eets not occupied by the com­ That was not sufficient. After that dynamo was repaired, pany, was utterly worthless to the company or to anybody else, then spikes were driven into the slot at various times, spike an.d that when the com~any came to occupy those streets they after spike, in order to break the trolley connection, so that • put down the only pavement that was worth anything, cnbble­ that piece of road should not run. Th-ey furthermore put bars stones and Belgian blocks. of iron in that slot in order 1io break up the running of that road . .Mr. COX. They paid for that themselves. Every means was resorted to that could be devised to hinder its Mr. COBB of Alabama. They paid for that themselves. Why, operation-the foulest and most dishonorable means that the afterwards, in 1878, the Congress of the United States recog­ basest of men could be hired to perpetrate upon that road: and nized the fact that that was the only pavement that was proper yet it is running successfully to-day, and has so run for the two to put along these railroad tracks, because it prescribed in terms years, excepting from malicious mischief. that all railroads in the District of Columbia should pave their tracks with cobblestones and Belgian blocks Mr. HAINES. Will the gentleman now permit a question? The SPEAKER p ro tempore. The time., of. the gentleman from Mr. WALKER. Yes. Alabama [Mr. COBB J has expired. Mr. HAINES. Do you purport to say that the General Elec­ Mr. STALLINGS. I ask unanimous con.sent that the time of tric Company or the Westinghouse Company sanction such ac­ my colleague be extended for ten minutes. tion as you have just stated? Do you claim it is those companies The SPEAKER pro tempore recognized Mr. WALKER. that have be-an doing these things? [Continued standing.] Mr. WALKER. . I will yield my time back to the gentleman Mr. WALKER. Will you sit down, if you have got through after I have finished what I wi.sh to say. I only want to occupy with your question? a few minutes. I have an amendment which I wish to offer to Mr. HAINES. Yes. the bill. Mr. WALKER. I say there is a moral certainty that the ag­ The SPEAKERprotempore. The gentleman from Massachu­ gregate interests I mentioned have been doing it, for there is setts [Mr. W ALKER]will allow the Chair to state the parliamen­ no other interests in this country that would have the slightest tary situation. This bill (H. R. 61'11) is reported as a substitut-e motive for doing it; and when I am shut up to just one power, for the bill {H. R. 2878). It is therefore before th-e House as a one combined interest, or one individual that can by any con­ substitute. Only one amendment can be offered to a substitute. struction be supposed to have any motive to do a thing, I be­ After conversation with the gentleman who has the bill in charge, lieve it is by the promptings of that agency that a thing is done: the Chair will suggest that if there ba no objection, the substi­ That is all I have to say on that point. I am not here to prove ­ tute can be treated as an original bill. Is there objection? it. I do not say I could prove it. I said I was morally certain There was no objection. of it. Furthermore, even when there was a committee investi­ Mr. WALKER. I move an amendment to the bill which I gating this system, standing by this dynamo, there was a quan­ .send to the Clerk's desk to be read. tity of nails emptied into it from the roof of the house in which The SPEAKER pro tempore~ The gentleman from Massachu­ it was running to again destroy it. Furthermore, I ·hold in my setts offers the following amendment1 which the Clerk will re­ hand' the opinion of Prof. John P. Barrett, for twenty-five years pOlt. chief electrician of the city of Chicago and the chief electrician The Clerk read as follows: of the Worlds Fair at Chicago, approving of this method in the Insert in line 11, o! section 1, between the word "underground " and the most thorough manner. He is a man who has had more expe­ word "system " the word " electric;" so that it will read: ' rience with underground electrical roads and is above any other "Underground electric system." In section 3 striktt out the last sev~n words in line 5, ail the words in line man in this country in his judgment upon such work. 6, .and the first three words in line 7. and insert between the word "in " and Furthermore, that~ystem of r(}ad is running, a piece of it over the word "respect," in llne5, the word "any;" so that it will read: "Nonperformance of its duty in any respect; butthesaid proceedings ma-y three single-track miles in this very city, and is running suc­ be prosecuted to final judgment," etc. cessfully. By that method these wires can not be reached and

.. - 2860 CONGRESSIONAL RECORD-HOUSE. MARCH 12,

can be put in of such size that it will run through water. Noth­ incurred by this line. Further, they are incomparably more ing has been able to stop it. dangerous to human life in this city than this system would be. Mr. HEARD. It has been running over a year in this city. A car can be stopped byithis system almost instantly; and you "Mr. WALKER. It has been running over a year in this city. know of the many, many deaths that have been caused here from In the city of Chicago that road was a foot deep in water for the want of power to quickly stop these cable cars, and I am not days. It was laid in the winter over two years ago right on the willing for my part that there should be further instances of that top of the frost, yet it is running now. kind in the city of Washington. · Now I ask, Mr. Speaker, that this House, with its great power Mr. RICHARDSON of Tennessee. I hope the gentleiJ;!andoes and influence, shall protect the people of this country from the not argue} even by implication, that this bill permits the use of further domination of these great combines. Where are these the overhead trolley. men now that have stood about me in this Hall on both sides Mr. WALKER. Notatall. condemning trusts? Will they come to the rescue in this prac­ Mr. RICHARDSON of Tennessee. Does n...ot the gentleman tical matter? You adopt this amendment that I have proposed think that when the bill confines this company to the under­ to line 11 of section 1 of this bill, compelling it to put in an ground system that that is a sufficie!lt restriction, and that it is underground electric system, and this road will then feel that it not necessary to go forward and specify what particular under­ has Congress behind it to protect it and justify it in putting this ground system should be used. in. It can be put in cheaper than any other system where the Mr. WALKER. I am clearly of the opinion that it should be lines are-compelled to run in the centers of cities, not out on an underground electric system, but I am not speaking for any dirt roads, but anywhere on paved streets in cities. particular underground electric system. Let them put in some Mr. HEARD. I understand the gentleman's amendment re­ underground electric system. fers to line 11, and it is to insert ~fter the word "underground" Mr. RICHARDSON of Tennessee. Congress has never gone to the word " electric." that extent in any former legislation; but it seemed that it would Mr. WALKER. Yes, sir. be a fair enough restriction to say that they shall be confined to Mr. HEARD. Then it will read "underground electric sys­ an underground system of propulsion. tem.'' Mr. WALKER. I do beg the House to look·carefully at what Mr. WALKER. Yes, sir. . the honorable gentleman from Tennessee has said and what I Mr. HEARD. Now, if myfriend will bear with me one minute have said; and I have not intimated that this company should be I will state here why we did not put that word in. The purpose confined to any particular underground electric system. 'rhere of the company is to use the electric system. The engineer of are several underground electric systems. There is the Buda­ the Buda-Pesth system has been here. Pesth system. Mr. WALKER. This is not the Buda-Pesth system at all. Mr. RICHARDSON of Tennessee. But you would confine Mr. HEARD. They have investigated the Love system and them to electrical force underground? the Buda-Pesth system. But these people intend to have an Mr. WALKER. That I would certainly do by all means; be­ underftround system. I will state why we did not put in the cause of its safety and because of its economy and because it has word 'electric." On theNinth street line, where this is sought been proved to be practical beyond peradventure. to be introduced right now, the engineers all say that line is Now, let me say in conclusion, and I want to repeat it again, straight enough to use a cable if necessary, and they propose to that we owe it to the people of this country who have been de­ construct a conduit on that line so that in case there should be ceivedfor five years in being told that there was no underground a failure of the _electric system they can use the cable on that trolley systBm that could be used. They have been told of this line. Therefore we do not say ''electric," but simply say ''an Buda-Pesth system, and they have been told they must adopt underground system of propulsion," so that they may use the this system or nothing. It is clearly understood that the Buda­ conduit in that way in case the electric system should prove a Pesth system never has been approved of by the electrical en­ failure, as I do not believe it will. In case it should, they might gineers of Europe or of this country. Let me say that this still use the conduit for a cable on the Ninth street line. It great combine-! know something about what I am talking would not be practicable on the other part of the line, for the about; I am not 'talking at random-thatthis great combined in­ reasons I have given. '!'hat is the only reason why the word terest, with its immense wealth of millions and millions, has in ''electric" was left out. its pay every electrical engineer of this country, retained in its Mr. WALKER. Mr. Speaker, the adoption of my amendment own cases, who is of sufficient repuhtion to have his head at all would not prevent the road from putting in the conduit as they above the common level of electrical engineers; and you can not propose; but let me say in answer to the gentleman that this un­ get an opini.on out of any one of tnem. Because they are not derground trolley system has passed the period of doubtful ex­ honest men? Not at all. periment. But because, as you lawyers say, because all these engineers Mr. HEARD. I hope that is true. have in their pockets a retainer from this great combination, Mr. WALKER. Not in the extent of its use, because these so that there are words whispered in the ears of every com­ · great dominant unprincipled combines have pursued this system mittee; there are interested men talking to every committee. with themalignityof the infernal regions. Why? Theywould If they go to a city, men turn up ''accidentally," and they have put it'in themselves had they not these millions invested in p.ave this suggestion tq make and the other suggestion to make. this overhead trolley system that is hindering the free use of fire And therefore I want this great inquest for the people, this department apparatus to extinguish fires in every street in large great jury, to sit upon the cause of the people and defend the cities; that is hindering the supplying of life-saving apparatus people from th~s monstrous devil-fish that holds all of the elec­ to run up on buildings to save human life; that is charging the trical business, all electrical experiments, in its grasp, so that if electric rails in the city so thoroughly with electricity that they a ;m1.n invents anything in electricity to-day he is taken and are destroying iron water pipes and starting fires and causing mil­ crushed at once, or he can surrender his property to this great lions of dollars of dam!tge by fires; that is causing the deaths of trust, and for less than its normal commercial value. scores and scores of people by the wires being broken and peo­ I now yield such time as the gentleman from Alabama [Mr. ple coming in contact with them and by being touc_hed by the COBB] desires, and then whatever there maybe remaining to the men who are repairing them and men traveling under them. Chair. Yet b2cauee of the money that they have invested in these trol­ Mr. COBB of Alabama. Mr. Speaker, I have but a moment, ley syst.en::s they are fighting this to the death. But it has been and I simply want to add a word, in conclusion, to what I have thoroughly tried under circumstances so exceptional, so diffi­ said, by calling the attention of the House briefly to tb.Q situa­ cult to overcome, and has run so successfully and so continuously tion that now confronts us, and to the interest which the people over comparatively short but ·very difficult lines-more difficult of this District have in the passage of this pending bill. If this than hundreds of miles would be of ordinary roads-that the bill is passed, the railroad companywill know exactly what they question is settled beyond the stage of experiment. will have to do. They can command the money by which this Now, let me speak as to the point that the gentleman has change of motive power can be effected. If this bill is not made, why I want this amendment put in. I want this Congress passed, and the condition of affairs now existing is permitted to to put tills in the bill so that the committees that are appointed remain, then we go on for an indefinite period with the horse by all city governments may have an object lesson, so that the power movement of to-day. So that, if we are interested in citizens of other cities may know by our works and by our acts rapid transit along these lines of roads, we ought to make as that they need be no further imposed upon and no longer abused speedy a settlement as possible of this matter. Everybody is by this cruel, this heartless, this remorseless combination of in­ interested in that . terests that has no regard for human life or the comforts of the .Now, refuse to pass this bill. This litigation in the cour tcon­ citizens. Again, these ca.ble lines are but a very coarse, crude, tinues. An appeal ~oes to the Supreme Court, and three or four and compat'atively ancient system as compared with this far years elapse before 1t is known whether this road is to be inter­ better, cheEtper, and safer device, and the cables require a greater fered with or not. Pass this bill, and you will get more substan­ expense in putting them in and running them than ought to be tial benefits for this District, even if you have to yield some

,·

. .. 1894. CONGRESSIONAL RECORD-HOUSE. 2861

money ;hich you consider to be absolutely due. I say it is bet­ is, that this street railway company does really owe a.nd ought ter to relinquish some of our rights rather than allow the for­ to pay the District of Columbia the sum of about $140,000. It feiture to be had. Therefore, in view of all the circumstances, appears that two courts have come to that conclusion. It ap­ in view of the situation as it confronts us, this bill ought to be­ pears that the Congress of the United States formerly came to come a law. My opinion is that a full measure of justice would that conclusion and attempted to forfeit the charter of this com­ be meted out to all if this bill were passed as originally intro­ pany because of its failure to pay that amount. Now, having duced in this House. I do not bAlieve this company owes a dol­ attempted that in one way and having failed, it behooves us, it lar of money to t:p.e District legally or equitably. Therefore, you seems to me, in view of all the facts, to see if there is not some ought to pass the bill, in my opinion, as it originally came into other" way of accomplishing the same result, and it happens that this House, or force the District to accept the compromiSe which there is provided in the charter of this company itself a method, was proposed by the committee and accepted by the company. because in section 6 it is provided that,. Congress shall have the Mr. W lLLIAMS of Mississippi. I yield ten minutes of my right to alter, amend, or repeal this charter." time to the gentlem1.n from New York [Mr. HAINES]. Me. Speaker, the sore spot in all self-governing countries with Mr. HAINES. Mr. Speaker, being somewhat interested in universal suffrage is municipal government, and one of the the street railway business, of which the trolley system has be­ greatest problems presented in the direction of right municipal come an important factor, I have listened with considerable sur­ government is the problem of the right management of natural prise, not to say amazement, to the remarks of th~ gentleman monopolies, things in which competition is impossible and com­ !"rom Massachusetts [Mr. WALKER]. I must cons1der that he binatwn absolutely unavoidable. The lines of opinion as to the is or has been directly interested in this great monopoly of management of these natural monopolies run all the gamut from which he spaa.ks. Being the builder of several trolley systems, complete public ownership down to the method of untrammeled I know something practically about this business; and I say that private control and operation. There is a middle line, however, the trolley system which has been inaugurated in this country and the proper one, and it seems to me that this great city of h as been one of the grandest achievements known to the elec­ Washington, under our control as a legislative body, the capital trical world; and I further state that there h as at no time been city of the greatest republic, the capital city of the greatest em­ brought to my knowledge a successful underground system. pire that the world has ever seen, with the possible exception ·I remember, Mr. Spen,ker, in my younger days, of making ex­ of the mother country and the old Roman Empire, ought to fur­ periments, ot going from one section of the country to theother nish for the contemplation of the world a model city govern­ to see some new improved system about to be or which had been ment, a model of municipal operations, and with that in view it inaugurated that promised to be of benefit in the construction seems to me that we ought to welcome every opportunity of put­ and opercttion of rail ways. All were said to be successful; and ting into operation wherever we can in the city of Washington the they were tried as the starage-battery system has been from proper form of municipal management of natural monopolies. ye:1r to year, and they wereclaimed to have meritand that they As I said a moment ago, the truth about their management would supersede in e!ficiency and in cheapness any other system lies in the middle way between the two extremes. It lies in the in this countr y. I want to say, Mr. Speaker, that the successful direction which the cicy of New Orleans, the city of Baltimore, underground system that has been lauded to such an extent is and the city of New York have opened the way to, in the dil·ec­ unknown. And I would like my friend from Massachusetts, who tion of making these natural monopolies pay toward the cost of makes all these bitter st:1tements about the grinding monopoly governing the city a yearly amount based upon a percentage of known as the Thompson-Houston Company, to tell us something their gross receipts, and of closely controlling them in the in­ more of i t, for its stock has been rising and falling on the stock terest of the people. I say we ought to welcome the opportu­ market of New York until it has gradU9J.ly gone down, down, nity whenever it is 'presented of getting ourselves out from un­ down, until the compwy is beli'3ved to be almost on the verge der the old system and into the new system; and such an oppor­ of b:mkruptcy. Possibly he may have been bitten by a little of tunity is presented here. We have the right and the power stock as friends of mine were. I chg,nce to know several people under this charter to repeal the charter itself, and we have from M:lSS!tchusetts who have had similar experiences in that good cause for its repeal because this comP.any comes into this line. court not having done equity and not with clean hands. In the largest cities there can possibly ba a better system than We have sufficient cause, I say, in the fact that they properly the trolley~ but for the smaller cities of this country, any gen­ owe to the District of Columbia $147,000, which they have not tleman ont.he floor of this House will agree with me that it is paid, and I think that h aving exhausted one method of malring welcomed as a most desirable and advant!l.geous system. It has them pay that debt-because it was barred by the shtute-we b2en considered one of the chief factors in the prospority and ought to try another. And, by the way, let me say that what is up building of every community in which it has been introduced. agreed here in this bill by this company, that they will abide the Mr. WALKER. Will the gentleman permit me amoment? judgment of a void act of national legislation, is an agreement to Mr. HAINES. I yield to the gentleman. nothing under the sun, because there is no lawyer who believes Mr. WALKER. As the gentleman has been very free to state that there is any constitutionality about a legislative forfeiture, that I h 1.ve probably been bitten in that stock, I will say to him no lawyer who does not believe that to make a forfeiture valid that I have never owned a dollar or that stock in my life~ nor of it must be judicial in its character. Therefore-! say this agree­ any stock. I have owned what I have owned, and what I did not ment amounts to nothing, and this company stands here pro­ own I did not. [Laughter.] posing to do absolutely nothing, and demanding at the same · Mr. HAINES. Now, Mr. Speaker, whether this company is time from the public new franchises of a highly important and so gigantic a monopoly as it has been described or not, I wish to valuable character. Elsewhere, Mr. Speaker, it is getting to be say that I h ave no interest in it directly or indirectly. I have the habit not to give away for nothing a public franchise. That never used its system in any railroad that I have built, nor have is getting to be the system everywhere, and it ought to be the sys­ I had any interest in it. There have been several other trolley tem here. companies, and I have no special love for this so-called monop­ In 1S86, in the city of New Orleans, from the sale of one pub­ oly or for its system, but I do not believe that the time has come lic franchise for lJo period of twenty-five years, enough money was when we should enact a law that will compel the adoption of obtained to lJ1ake up one-eighth of the entire expenditures of the some experimental system that has not been approved by men city for the year. In Baltimore, since 1859, the city collects '. who are familiar with the application of electricity, and which from the street railroad companies 9 per cent of their gross has not been demonstrated to be a satisfactory solution of the earnings, and they are prosperous. In the city of New York problem of street-railway propulsion. when it was first proposed to tax the street railroads there was Furthermore, I do not think we ought to undertake here to a great howl about" confiscation" and "violation of chartered condemn the trt>lley system that has been so beneficial to all the rights " and everything of that sort, until finally it was decided smaller cities where it has been introduced. l venture to say that there that no municipal franchise should be given out for the if gentlemen upon the floor of this House will consult the people future except to the highest bidder in the market, each bid of any community where that system has been introduced, they being based on the percentage of the gross receipts. As a con­ would find a most earnest protest against its removal. I am not sequ ence as high as 40 per cent of the gross proceeds have been here to ad vocate either the trolley system, or the underground bid in the city of New York for franehises, but little more valu­ s.vstem, or any particular system; but I do not feel inclined to sit able than those which the National Government gives away hera silent and hear adverse criticism uttered against companies every year. Now I repeat, these railroad people in this case which apart from the question of their being monopolies (as hav~ put themselves in default. they .IJOSsibly may be) have conferred such immense benefits Mr. RICHARDSON of Tennessee. I will ask the gentleman upon the people of different sections of this entire land. whether he does not think it would be better, if the system which Mr. WILLIAMS of Mississippi. Mr. Speaker, notwithstand­ he advocates is to be adopted, that it should be a general one, ing the very able though somewhat labored argument of the applying to all the street railroad lines? gentleman from Alabama [Mr. COBB], it seems to me that one Mr. WILLIAMS of Mississippi. I am coming to that. !a~t stands out in the discussion of the question before us; that Mr. RICHARDSON of Tennessee. It ought not to apply to 2862 CONGRESSIONAL RECORD-HOUSE. MARon 12,

one line alone. But there is already pending before Congress a the company. I admit that is·a contingency very remote; but proposition which deals generally with publi? f~nchises, pro­ .why provide in this bill that as to a part of the penalty of this -vtdinO' that Congress may apply the same prm01ple to all the judgment, if rendered, the company shall not be subject to it? street railways of the city and require them to contribute to Such a provision as the gentleman from New York on my right the public Treasury in proportion to their earnings. When [Mr. WARNER] suggests offers a reward not to compromise mean­ that bill comes up will be a better time, I suggest to my friend, while. It is a bad precedent, as such legislation always is; be­ to press his point. cause, ins.tead of making men or corporations pay their honest Mr. WILLIAMS of Mississippi. The gentleman from Ten­ debts, it offers a reward for litigation, in the shape of a remis­ nessee misapprehends me, because I have hot yet gotten to the sion of the interest which may accrue during the litigation. It exact point, but I am paving the way to it. In other words, I offers a premium on litigation. am attempting to lead up to the fact that this proposed legisla­ Mr. COBB of Alabama. The gentleman does not seem to be tion in the pending bill will be an additional obstruction and aware of the fact that the pending legislation is in the court of obstacle in the way of reform, and that every time you give a appeals, not in a trial court. great corporation in the city of Washington a valuable fran­ Mr. WILLIAMS of Mississippi. I understand that; but you chise for nothing, you arm it with the power to resist reforma­ ~entlemen h ave named a certain amount. · Why do you not say tion, through the press and otherwise. Now, I say that these 'with interest and costs?" The gentleman says that this case people h ave gone beyond the line of right conduct toward the is in the court of appeals. As I understand, it has been tried in District, have put themselves in default, and that it would be the courts below and lost. nothing but just and right to exercise the power which we have Mr. COBB of Alabama. And now there is an appeal. But to repeal their charter. And just in the degree that it becomes the gentleman will remember that the ground upon which the possible justly and properly to repeal{)ther charters we ought quo wa1·ranto proceeding is based is that the company has failed gladly to avail ourselves of the opportunity-to do so. to pay the $147,000. Now, if the court of appeals should sustain So far from fighting to prevent it, we ought to look forward this proceeding, it would in effect say that the company must to giving the benefit of the doubt, if there be any, to the people pay the $147,000. instead of to them; we ought to take advantage of the oppor­ Mr. WILLIAMS of Mississippi. With interest from the time . tunity to repeal these charters which have been given under the the indebtedness arose. old r 2 gime~ Mr. COBB of Alabama. Put that in, if you please. I say that this company has put itself in a position for us to Mr. WILLIAMS of Mississippi. And with costs. And possi­ take such action, because upon the merits of this case, as I un­ bly the court might decide that there was a forfeiture of the ilerstand-and there I differ with the gentleman from Alabama charter. And that is the main thing I am after. [Mr. COBB]-two courts, the district court and the supreme Mr. COOPER of Florida. The gentleman is laboring under a court of the District, and after them the Congress of the United misapprehension with regard to the provision for the payment States, have decided that this company was in default. There of $147,000. It simply follows the language of the act of Con­ is one way of bringing them to their accountability; that is, to gress, in which there is no provision for interest. We have left repeal their charter and then to pass a general law like the one the matter just as Congress fixed it. of which the gentleman from Tennessee speaks, providing that Mr. WILLIAMS of Mississippi. The gentleman is talking hereafter all public franchises in the city of Washington shall about the act of Congress; I am talking about the possible judg­ be given to whatever company may bid the highest percentage ment of the court upon the act of Congress. If the courtshould of the gross proceeds in payment for the franchise. decide that $147,000 was due from that company to the District The gentleman from Tennessee said this morning that" Con­ at the time of the passage of the act of Congress, it mi~ht go gress has never yet sold a franchise." I hope the gentleman further and decide that the interest which had accrued since, at will pardon me for saying that in making that statement he pl'O­ a r easonable and lawful rate, should also be paid. It might go nounced one of the hardest and ugliest commentaries against stil1 further and declare that under the quo warranto proceeding the management of municipal affairs in Congress that has ever the charter of the company had been forfeited. At any rate, if been pronounced. It is high time that the Congress of the the language of this bill is not in tended to provide something United States should begin selling public franchises and not con­ else than exactly what may be just and right as a consequence tinue giving them away. And as a preparation for that course of the judgment rendered by the court, why should you go on of legislation I believe that this legislation-this particular bill­ and make this addition to the other provisions of th bill, which ought to be defeated. are plain enough? Why not simply provide that the company But gentlemen say that the people in the mes.nwhile will be shall abide by the judgment of the court, whatever it may be? "without facilities for r~:>.pid t ransit" along this line. It is well Now, having det9.ined th'e House longer than I expected, enouO'h to keep in remembrance at all times, for it is worthy of owing to these interruptions, I desire to yield the residue of my all r.;'membrance, that you should never sacrifice the permanent time to the gentleman from New York [Mr. CooMBs]; and if he interests of the people for the sake of a temporary ad vantage. does not consume it all, I desire to yield the rest to the gentle­ In New York they said that if any such hw as is now in ex­ man from Missouri [Mr. HEARD]. istence were p!l.Ssed, everything would come to an end; that "the Mr. COOMBS. Mr. Speaker, I am glad that for once in my skies would fall;" that nobody could carry on business of this de­ life I have the privilege of speaking ina sort of official capacity scription. Bnt business is now carried on there at good profit in relation to street rail ways. I think there has been no greater to these companies, which have bid in some instances as high as abuse in connection withmunicipal government than that which 40 per cent for their franchises-nearly one-half of the gross has occurred through charters given to these railways. They proceeds. This shows what an enormous profit there is in these have their roadbeds all prepared, and all that they have to do is to branches of business. Rome was not built in a day. Rapid transit lay their tracks and provide their power. They grow with the will come to the city of Washington after a while. growth of every community, and the community does not par- Now, before closing I want to call attention to one clause -ticipate financially in their prosperity. I could point to in­ of this bill which, even if the entire bill be. not voted down, stances in cities with which I am familiar, in which street rail­ ought to be stricken out; and if it be inorder I will move now to ways have watered their stock and are now payi:Gg immense strike it out. I refer tothe last clause of the bill, which says: dividends upon stock watered to twenty times the original Provided ft~?·ther, That if in said proceeding it shall be adjudged that the amount. · charter of said company be forfeited then such judgment may and shall be fully canceled and vacated by the payment by said company to the District I take particular pride in the government of this city. I think of Columbia of ._!.he sum of $14.7,000. there is no better ·governed city in the world than Washington, Now this company comes into this legislative court and says and it is because Congress, a common council of 356 men, takes that it agrees to abide by a judgment, and then this last clause cognizance of its affairs. I want to see the city of Washington of the bill t a.lres out of the operation of the judgment a part of take its stand as a model in establishing the principle that the the penalties which the company might otherwise incur. To street railways must contribute to the support of the city and continue reading the clause: to the lowering of its taxes. . That if in said proceeding it shall be adjudged that the chart.e!-' of said We are told that these roads are great conveniences. It is company be forfeited then such judgment may, and shall be, fully canceled true that they are; but they are great sources of profit as well. and vacated by the. payment by said company to the District of Columbia of Men do not go into these enterprises for the purpose of providing the sum of $147.507.05 within ninety days from the rendition of said judg­ ment, and thereupon the said company shall be vested with all the corporate conveniences for citizens, but for their own individual interests; rights, powers. and subject to all the duties and obligations conferred or im­ for the making of money. And it is said that already railroad posed upon it by its original charter and the amendments thereof. syndicates have their eyes upon the city of Washington and that Perhaps the judgment of the court mig-ht go farther, and in it is proposed to buy in all these lines, consolida~ them, and addition to imposing on this company the payment o! this sum, issue bonds and stock upon the consolidation. If that is to be might assess interast, costs, and various other things; might, done, I want the city of Washington to receive the benefit of it, upon judicial grounds, outside of the act of Congress itself (which and not foreign capitalists or private individuals. I admit to be unconstitu~iow.l and void), forfeit the charter of I concur in all the remarks of the gentleman who has just ~1894. CONGRESSIONAL RECORD-HOUSE. 2863

taken his sen.t fMr. WILLIAMS of Mississippi]. I believe the line extended from Seventeenth street to the Capitol, and it is time has come, with the great growth of our cities, when there affirmatively stated in the pleadings in the record which we should be a change in this particular and when the transportation have heard discussed to-day that the railro:td company had of the people should contribute also to the support of the city. paved according to the provisions of its charter, and kept that I propose to offer an amendment, Mr. Chairman, by which this pavement in repair. The bo:.trd of public works, under the au­ company shall be obliged, before receiving any of the benefits of thority which it then held! took possession of and paved those the concession which it is proposed to make, to pay the sum streets entirely, and how did they assess the cost? They as­ whjch two courts h ave decided that it owes to this city. , sessed it as the laws then directed and required, not against the · .M.r. MEREDITH. And which the Supreme Court has de- railroad company, but one-third against the abutting property­ cided that it didJJ.ot owe. holders-one-sixth one ach side-and two-thirds against the Dls- Mr. COOMBS. TheSupremeCourthasdecidednothingupon trict. the question~ except that by lapse of time the st9.tute of limita- It was not contended by Mr. Shepherd's board or the Terri- tions had operated. torial government that this railroad company was liable for that I know a city (the name I will not mention) in which a rail- work. There was no attempt made by that government which road company refused to pay its taxes for years and finally aft3r did this work to tax the railroad company, for it had no aut.hority the taxes of the city had been constantly increasing, the railroad to; but it assessed this tax, one-third against the abutting prop­ company receiving the benefit of the great growth of the city, erty-holders-one-sixth on each side-and two-thirds against the the.t company made a compromisa with the city upon the .basis District. Then what? In 1878 the Congress changed the form of of about one-quarter of its real indebtedness. TheyltyofWash- government; and in the a.ctof 1878. extinguishing the Territorial ington must make no compromises with those who hold its form and establishing here the Commissioners form of govern­ charters. ment which now exists, remitted the assessments against the The ca~e now under discussion here has been tried in the courts, abutting proparty-owners who had not paid, but affirm ~ l the_ upon proper evidence, and the decision has been against the validity of the assessment. In 1879, by a supplemental act of Con­ company. We are proposing to try it again before a committee grass, it was enacted that, the taxes having b ~ en remitted against without sworn evidence, and to try it again in this way before those whohadnotpaid, therefore thoseabuttingproperty-owners Cono-ress. Private individuals have been obliged to pay these who had paid should have their money paid back; and the act of asfle;sments for streetim·provements. Therailroadcompany,on 1879 gave to the property-owners who had paid under that tax­ account of the hold which it has upon the people, has been able ation their money back in the form of rebate certificates. There­ to resist the payment of these assessments. We must not re- fore it was by act of Congress of 1878 and 1879 that the taxes lease it from that obligation. It is not proper that we. should which had been assessed by the board of public control, right­ do so. This company should pay in the same way that private fully and according to law, were remitted to the property-own­ individuals have been obliged to pay. ers against whom they had been assessed and the whole burden We know that in the old times in this city there was a great put upon the Districtof Columbia. deal of disorder. The assessments for taxes were very large, That was years after.the work had been done, some of it, and and the private property holder had to pay such taxes or lose it was not until two years afterward, in 1880, that the succeeding his property. . form of government sought to make a claim against, the railroad Now, at this late day this railroad company, which has been companyforthatwhich had been done by their predecessors, the able to resist these assessments, comes before us and asks us to Territorial government, which had no right to tax the railro :~. d release it. I say it would be improper to do so. We are not company and had not asserted any such right; but had, in pur­ called upon to do so. The company has a valuable franchise; suance of law, assessed the cost against the District and the prop­ and it will be more valuableasthecitygrows. Iclaimweshould erty owners, which assessment, as before stated, Congres3, by not release one iota of the hold we have upon this company. I acts passed_ in 1878 and 1879, remitted, putting the burden upon offer the amendment which I send to the desk. the District. Those are the facts of the case. Mr. HOPKINS of Illinois. Is that offered for information, or Now, Mr. Speaker, that is the only point connected with that is it to be pending? original controversy that I intend n ::nv to discuss. The SPEAKER pro tempore. It is offered in order. Mr. STALLINGS. I desire to offer an amandment to the sub- . Mr. HOPKINS of Illinois. Has general debate closed? stitute of the gentleman from New York. The SPEAKER p1·o tempore. It has not. This bill is in the The SPEAKER pro tempore. The gentleman from Missouri House. [Mr. HEARD] has the floor. Mr. HOPKINS of Illinois. Can these proposed amendments Mr. HEARD. It is not my purpose to move the previous be offered until general debate is closed? question and cut off amendments, but I propose to close general The SPEAKER pro tempore. They can. debate so that gentlemen may offer amendments and proceed The proposed substitute of Mr. COOMBS was read, as follows: under the five-minute rule. Strike out sectjon 3 and insert in lieu thereof the following: Mr. STALLINGS. Will the gentleman yield to me for that SEC. 3. Provided no right or privilege shall accrue into said company under purpose? this act until sald company shall have paid into the Treasury of the United Mr. HEARD. Yes. States, for the benefit or the District of Columbia, the sum of $147,501.05. The SPEAKER pro tempore. Does the gentleman from Mis- Mr. COOMBS. This .is simply a substitute for the third sec- souri [Mr. HEARDj yield to the gentleman from Alabama [Mr. tion. Mr. Chairman, my remarks have been sufficient to explain STALLINGS]? this amendment, and I yield ten minutes to the gentleman from Mr. HEARD. Mr. Speaker, I yield to the gentlell!an from Missouri [Mr. HEARD], chairman of the District Committee. Alabama for the purpose of offering his amendment, if he in- Mr. HEARD. Mr. Speaker, I shall occupy very little time in sists upon offering it now. I yield for that purpose only. this discussion, and at the conclusion of what I have to say I Mr. STALLINGS. All I ask is time to offer this amendment shall ask the House to close general debate and proceed with to the substitute. the discussion under the five-minute rule. Mr. HEARD. The gentleman shall have it. Mr. Speaker, after the very full explanations that have been Mr. HEPBURN. Mr. Speaker, I desire recognition··to dis- made by my colleagues on· the committee, which can not have cuss this bilL failed to impress themselves upon the members of the House, I Mr. HEARD. · I am not through yet. , feel it necessary now to touch only one point involved in the The SPEAKER pro tempore. The Chair will recognize the original elements of discussion. That is called to my attention gentleman. The Chair will state to the gentleman from Mis­ by inquiries put 'to my friend from Alabama [Mr. COBB], whose souri [Mr. HEARDj that possibly he is laboring under a misap­ attention I now crave. That r elated to the question whether or prehension as to the parliamentary situation. This bill is in the not this cost of street improvement was not assessed against the House, and under the rule each gentleman who is recognized is abutting property-owners, and if so, it should not also have been entitled to one hour for debate, and the bill is open at any time taxed in part against the railroad company. to amendment to the extent to which amendments are in order. Mr. Speaker, I ask the attention of the House to this point. There have already been offered an amendment, an amendment The doing of this work began more than twenty ago. It began to the amendment, and a substitute. It is now in order to offe-r in 1871, and was completed in 1875. At that time there was here an amendment to the substitute. - in this District a different form of government from that which Mr. HEARD. I yield for the purpose of allowing the amend­ we now have, a Territorial form of government, and the street- ment of the gentleman from Alabama [Mr ..STALLINGS] to ba improvement work was managed by a board of public works. offered. Now, back in 1871, the Territorial Legislature votedan appro- Mr. STALLINGS. I offer the amendment which I send to p:iation of $_4,000,000 to the board of public wc;rks, with Mr. the Clerk's desk, as an amendment to the substitute of the gen­ SneJ?-herd at Its head, for the purposes of street Improvements, tleman from New York'[Ms. CooMBs]. and It was under that legislation that this pavement was laid, . The SPEAKER p1·o ternpote. The gentleman from Missouri -as has been stated here. At that time this r~road company's [Mr. HEARD] having yielded to the gentleman iro..m Alabama '2864 CONGRESSIONAL RECORD-HOUSE. MARcH 12,

[Mr. STALLINGS] for that pur-pose, the Clerk will report the a provision for an underground electric system, and it was only amendment which the gentleman from Alabama [Mr. STALir for the reason that I have already given that the change was INGSl offers to the substitute of the gentleman from New York made. U there is no objection, I would like to move that all [Mr. C001\1BS]. general debate close and that we proceed with the consideration The Clerk read as follows: of the bill under the five-minute rule. Does my friend from Iowa SEC. 3. That this act shall not take effect unless the said railroad company think he will need more than that? shall within sixty days from its passage pay to the District of Columbia the Mr. HEPBURN. That is very unfair. sum ot $50,000, which sum shall be accepted by the District in tull payment and discharge ot the claim of said District against said company for work Mr. HEARD. I beg the gentleman's pardon; I ask the gen­ done, and material furnished by the District in paving certain streets and tleman not to make that assertion. I want him to realize that avenues in the city ot Washington along the line or said railroad at various times during the years 1871, 181'"2, 1873, 1874, and 1875, and in tun payment and I did not intend to try to take advantage, but stated that unless satisfaction ot the judgment that was rendered against the company by the some gentleman desired more time, I would make that motion; supreme court of the District or Columbia at the suit of said District there­ but I will not make it if he wishes more time. for in cause numbered 22458 on the doclcet of said court, on May 1, 1884. Mr. HEPBURN. I do. Mr. HEARD. Mr. Speaker, I shall now devote a minute to the Mr. HEARD. Then I reserve the balance of my time until proposition conta~ned in the amendment offered by the gentle­ the gentleman concludes his remarks. man from Massachusetts [Mr. WALKERj. His proposition is to Mr. HEPBURN. Mr. Speaker-- insert the word "electric" in line 11, after the word "under­ The SPEAKER p1·o tempore. The Chair had agreed to recog­ ground." I desire to repeat that it was the voluntary action of nize the gentleman from Iowa [Mr. LACEY] to state a proposi­ the committee in striking out the word" electric," upon a state­ tion, and the Chair will then recognize the gentleman from Iowa ment made before the committee by the engineers who were ex­ [Mr. HEPBURN]. plaining the feasibility of the underground electric system. Mr. LACEY. I only wish to detain the House a moment. I These engineers insisted that said system is feasible, and I be­ desire at the proper time to offer the following amendment, lieve it is. I am with my friend from Massachusetts [Mr. which I ask the Clerk to read for the information of the House. WALKER] on that, but this gentleman, one of the best and-most The SPEAKER p1·o tempore. The amendment is not in order reputable engineers in the country, said it was practicable to so at this time. construct the conduit which they design to use for this under­ Mr. LACEY. I ask to have it read in my time. ground electric system that in case or- failure of the electric The Clerk read as follows: system, and it should be necessary to convert the route into a Add at the end of section 3: cable road, it might be done at a loss probably of only about ".And provided furthe1',however, That in order to obtain the benefit of the foregoing proviso to this section the said railroad company shall, within ten $67,000 on the Ninth street line, and that the Ninth street line days after the passage of this act, withdraw and waive all pleas or the stat­ was straight enough to be operated by cable if desired. ute of limitation in said causes now pending." Mr. WALKER. Will the gentleman allow me one word? Mr. LACEY. By way of explanation of this amendment, Mr. Mr. HEARD. Certainly. Speaker, I desire to say that it is claimed that Congress has Mr. WALKER. I certainly hope you. will allow that word been, or the District has been, seeking to enforce a technical "electric" to go back into the bill at the point I have indicated. forfeiture of the rights of this company, and the last section Mr. HEARD. Let me say to my friend that so far as the com­ of the bill provides a waiver of its right of forfeiture upon pany is concered, so far I have no doubt as the committee are the payment by the company of all such demands as may ulti­ concerned, there would not ba a murmur of objection if the mately be recovered against the company. Now, it seems to me House deems it necessary to have that word put in. We p1·efer nothing more than right, if Congress waives this technical to have it as it is, so that in case there should be a failure in this claim to forfeiture that, on the other hand, the corporation ought electric system, which we do not believe there will be, it will to waive its technical defense of the statute of limitations; so not require an additional act of Congress in order to authorize that each side then may waive the technical rights and this case the use of the cable. may be tried. .- Mr. WALKER. Will you allow me one minute? Mr. KYLE. They have had a jury trial and the decision was Mr. HEARD. Yes. · · against them. · - Mr. WALKER. Yield one minute to me before you sit down? Mr. LA.CEY. It has been held that the statute of limitation!:! Mr. HEARD. Yes; I will be glad. I only want to say that is a good plea; and if theywaivethatdefense, Congress can waive the committee believe in the efficacv of the underground elec­ the right to the forfeiture. tric system. They believe it is practicable. They believe that Mr. RICHARDSON of Tennessee. If my friend will allow me its practicability has been demonstrated. just a moment. There is no plea of the statute of limitations I want to refer to what my friend said about the Buda-Pesth pending, or offered by the company, in any shape, in the pend­ system. He says that it has not beeR demonstrated to be a suc­ ing litigation, and therefore the amendment of the g entleman cess. That is an error. On the contrary, the evidence shows, would not be at all applicable. There is no question of limita­ Mr. Speaker, that in the city of Buda-Pesth, for the last five or tion being made on the part of the company in a ·pending suit. six years, all t.he street railroads have been operated by this If the gentleman thinks it is best to put it in there it may be Buda-Pesth underground electric system. They have extended done. it from year to year, and now have from 25 to 30 miles of that Mr. LACEY. My understanding was that the case had been kind of road. That system is in operation to-day. Therefore, I reversed by the Supreme Court on the question of the .statute of insist that it is a practical method, as I believe also is the Love limitations. system, that we have in use in this city; but the only reason Mr. HEARD. That.is the old suit. why this committee thought best to make this provision was Mr. RICHARDSON of Tennessee. That case was terminated that in case the electric system should fail, the rail way company years ago; and the present litigation is simply on a writ of quo could apply a cable without coming to Congress for further au­ warranto to have the charter of the company forfeited. There thority. Now, I yield for one moment to the gentleman from is no plea of the statute of limitations pending. Massachusetts, but I do not want to surrender the floor. Mr. HEPBURN. Mr. Speaker, this company was chartered Mr. WALKER. Let me say again to the gentleman and to thirty years ago. In their charter was this provision: the House that this is a tremendous issue. These two e-reat That the said oompany shall place first-class cars on said railway, with corporations own stock in nearly all the other corporations in all the modern improvements for the convenience and comfort ot passen­ this country. They would rather give this corporation a half gers, shall run their cars, etc. a million dollars, and give them the check for it to-morrow, if This company was also_required to pave its ·tracks and a por­ they would not put in this system, because they do not want. this tion of the streets occu-pied by them. They have treated the system advertised to the country. Now, I ask of the committee various provisions of this charter, and the Congress that en­ to let this go in, and let this street rail way come to Congress acted them, with constant and persistent contempt. Five years againiftheyneed to. Wewillallexcusethem. Butforthesake ago they were required to change their motive power. They of the country at large, for the purpose of defending the country have treated that provision with contempt. A little later they against this great octopus, let this go in. were required to make payment of an ascertained indebtedness. Mr. HEARD. I see the noint the gentleman makes. I have They have treated that requirement with contempt. They have only this to say. The company wants an underground electric utterly ignored Congress from the day they obtained charter system. Now, the committee wants it, and desires to invite the rights; and they always, apparently, have a committee en rap­ use of the best system available. If it- is the judgment of this port with them. House that that amendment shall be adopted, for myself, I shall I want to call attention to this fact, that every effort that has enter no protest, and the company would be glad to accept the been made to secure a betterment of railroad facilities in this city bill wi\h that modification, if it is the judgment of Congress to has been the attempt of some other of the committees of this put it in. _ House than the Committee on the District of Columbia. We Mr. WALKER. Then let them have it. have seen to-day these gentlemen (and I speak of them with Mr. HEARD. The bill originally came to the committee with perfect respect, for I have the utmost confidence in them) ae .,.

,· 1894. CONGRESSIONAL RECORD-HOUSE. 2865 advocates of this corporation, devoting themselves to that line of for that purpose has ever been before the Committee on the Dis- argument that their attorneys would have made had they been trict until this biil. · permitted to come before the House, a~d without that complete · Mr.HEPBURN. Well,Iamsorryfor.. that. Ithinkthecom­ candor that seems to me we have the r1ght to expect. For ex­ mittee must have noticed tbe:flagrantconductof this company in ample, they tell us that this company had expended nearly $400,- ignoring the requirements of the law and in their failure to sup­ 000 in efforts to comply with the requirements of Congress. I ply such facilities for travel as the people of this city required have secured a detailed statement of that expenditure. and had a right to expect. Let me call your attention to it, Mr. Speaker, and it will ap­ Mr. COBB of"Alabama.. Did the gentleman noUce it? pear that that suggestion of this large sum of money expended Mr. HEPBURN. Certainly. was not entirely ingenuous. Large brick building on P street, Mr. COBB of Alabama. Then, why did you not introduce a Georgetown, for engine, boiler, and dynamo house, $61,000; en­ bill? . • gine and boiler, aggregating 600 horse-power, $29,000; apparatus Mr. HEPBURN. Because I was not a member of the com­ for generating electricity, $16,000; large brick building on Four· mittea and was not charged with that duty. I had no control and-a-half street, southwest, for machinery and car depot, $118,; over, the interests of this District. There are gentlemen who ooo· cars constructed to carry storage batteries, which I learn are intrusted with that duty and who have -imposed upon them we;e fifteen in number, $45,000; experts, drawings, materials, that responsibility. and apparatus, $50,000; batteries, accumulators, etc., $30,000; Mr. COBB of Alabama. The committee are not charged with motors, $33,000. the duty of introducing bills into the House, but only with the Mr. HEARD. Will the gentleman parmit me a moment? duty of considering bills that are introduced. Mr. HEPBURN. Certainly. Mr. HEPBURN. Mr. Chairman, this is a bill which has Mr. HEARD. I would just simply say that it is not pretended been brought in here by this committee, is it not? That shows by t.he co~pany, nor by anybody, th:=tt they have ~us~ained a loss that they have at least the power to introduce bills when they of the ent1re amount of that e.x:pend1ture. They IDSlst that they see fit. would lose $100,000, and that the balance of the material ob­ Mr. COBB of Alabama. Not as a committee. The members tained by the exp~nditure could be utilized in the operation of of the committee as members of the House may do so, as the the road. . gentleman from Iowa may, but they can not do it as a com­ Mr. HEPBURN. That is what I want to understand. I did mittee. not understand that from any statements that were made by gen­ Mr. HEPBURN. Well, I am not disposed to quarrel with tlemen. the committee at all. In my humble judgment, Mr. Speaker, it Mr. RICHARDSON of Tennessee. Mr. Sp~aker-- is the duty of this Congress to take from this company their Mr. HEPBURN. I think it but fair to say that every mem­ charter, to annul it, and let them come here as suitor;;, disposed ber here had the impression, from the statem~nt made, that this to do what is right and equitable towards the people. of this Dis­ $400,0CO was a loss ineurred by this railroad company in its ef­ trict. Look at some of the excuses that are given for the fail­ forts to comply with the requirements of Congress. ure of this company to put in such motors as another com­ Mr. RICHARDSON of Tennessee. Mr. Speaker-- pany, situated practically in the same way, was able to put in. Mr. HEPBURN. I yield to the gentleman from Tennessee. Gentlemen here who are the apologists for this company say Mt·. RICHARDSON of Tennessee. The gentleman starts out that they, the company, could not have done that without incur• by stating that there has been a want of candor in furnishing ring e.x:tra.ordinary expense. They admit that it was feasible the information to the House. Now, the very facts that the gen­ but that probably it would have required the division of theit tleman is reading-- motive power into three segments and the establishment of twa Mr. HEPBURN. No. I did not say that. I said I thought or three power houses, costing parhaps not greatly more than the gentleman was not ingenuous in stating all the facts-- one, for they would be the same power and the same mileage of Mr. RICHARDSON of Tennessee. The gentleman in the be­ cable though divided; yet the gentleman from Missouri [Mr. ginning used the word "candor," but there is not much differ­ HEARD] in explaining why the word "electric" was stricke~A ence between the meaning of that word and the word" ingenu- from the bill, took away the wholeforceof his statement by tell­ ous." · ing us that they had not inserted the word "electric :l in the bilJ Mr. HEPBURN. Well, I did not use either word in any dis­ because the company might fail in that, and then what? Why, respectful sense, or intend to. that then they might have to resort to the cable system, show­ Mr. RICHARDSON of Tennessee. I understand that; but the ing that in their minds the cable system is still a thing contem­ gentleman ought, in justice, to say that I furnishsd him the plated, showing that in the minds of the committee it is still a itemized statement of expenditures that he is now reading. · thing possible and practical. Mr. HEPBURN. That is true. Mr. RICHARDSON of Tennessee. Let me say to the gentle­ Mr. RICHARDSON of Tennessee. There was no intention to man that so much of the reservation as relates to the right to suppress any of the facts. Furthermore, the gentleman is mis­ use a c:tble applies simply to the Ninth street line, which, as the taken when he says that the fact which the gentleman from gentleman knows, is a very inferior part of the line of this road, Missouri [Mr. HEARD] has communicated wasnot~ommunicated running at right angles to the main line. The Ninth street li_ne by me. I stated (though the gentleman from Iowa may not have is almost straight, and it is on that line and not on the main heard me) that the testimony of the officers of this company line that the possible use of the cable was contemplated. showed that nearly $100,000 of the $38!,000 they had expended Mr. HEPBURN. I thank the gentleman for that suggestion. would be an absolute loss. Will he tell me then, why, where the cable is feasible, they did Mr. HEPBURN. I did not hear that. not comply with the direction of Congress as far as tpey could, Mr. RICHARDSON of Tennessee. I did not insist or say that and put in the cable on that straight and entirely independent the whole $38-±,0JO would be lost, but that nearly$100,000 of what line? they bad expended in their efforts to use the storage battery Mr. RICHARDSON of Tennessee. I tell the gentleman the. would be lost. fact they have exp::mded $384,000 trying to make the storage Mr. HEPBURN. The statements, as I understood, were made battery practical, both on that line and on the main line. They as I repeated them, and the statement has been ·made in the h ::LVe spent that money in an honest effort to· use the storage newspapers over andover again that$400,000has been expended battery, and at the end of three years they have found that they by this company, and always made as though it were a totalloss could not use it. If they had found that they could use it, they to the company and as though they were making these great would have put it on both those lines. sacrifices in order to comply with the provisions of the law. I Mr. HEPBURN. The gentleman speaks of their efforts be­ think that perhaps if the committee had pursued their investiga­ ing continued for three years. My recollection is that the act tionsfurtlferthey would have found that not the one eighth part requiring this change was passed in March, 1889, or earlier than of that sum was lost to the company, that they have the property that; so that about five years have pa~sed, and they have been now. or that they had its use during the months and years of the in default on one of their lines for four years and on the other continuance of their experiments. for three. Now, Mr. Chairman, all of the efforts, so far as I have ob­ :M:r. RICHARDSON of Tennessee. I have not got the dates served, that have been 1~esorted to to compel the railroad com­ in my mind, but if I am not mistaken the provision in the appro­ pany to comply with the original requirements of their charter, priation bill was passed on the 3d of March; 1890, four years ago. namely, to keep up with the improvements and to furnish first­ Mr. HEPBURN. I was surprised to hear one · gentleman class facilities to their patrons, have been made by other com­ make the statement that he could prove to this House that this mittees than the Committee on the District of Columbia. They corporation was neither legally nor equitably indebted to the have been made, as I now remember, principally in the form of District, and I could not help t.hinking that he had not read the provisions added to appropriation bills. organic act creating the corporation, bec::~.use there, in express Mr. COBB of Alab:1ma. For the simple reason that nothing terms, is the reservation on the part oi the authorities of this Y..XVI-180 2866 . CONGRESSIONAL RECORD-HOUSE. MARcH 12,

. cityto establish such grades and such character of pavement as to my opinion, and I will give it up. The trouble is, he has from time to time tb.ey shall determine, and whenever the au­ started out wrong. thorities determined that a given pavement should be laid it be­ At any rate the gentleman is relying upon a technical inter­ came the duty of this corporation to conform to that require­ pretation of this law. And this bill, t he re::mlt of' that kind of ment. interpretation, justifies perhaps the peculiar technical argument ~ir. COBB of Alabama. DoeJ the gentleman say that the or­ that the gentleman has employed from beginning to end. I as­ ganic act creating this corporation provides that they shall use sign considerable weight to the mere fact that this railroad re­ any kind of pavement that the District government shall pre­ fused to liti2"ate the real proposition involved, namely, that of scribe? their indebtedness. They contented themselves with relying Mr. HEPBURN. It gives the District government the right upon the plea of the statute of limitations. . to prescribe the character of p avement. Mr. COBB of Alabama. The gentleman is mistaken again. Mr. COBB of Alabama. That is where I take issue with the Mr. HEPBURN. Very well; let the gentleman state how. gentleman. I say it does not do any such thing. Mr. COBB of Alabama. This company filed ten special pleas; Mr. HEPBURN Lreading). ''That the said corporation hereby and they were all ruled out by the court below either upon de­ created shall be bound to keep the said tracks, and for the space murrer or by special instructions given to the jury; so that the of 2 feet beyond the outer rail thereof, and also the space be­ company in that court did not have the benefit of any one of tween the tracks, at all times well paved and in good order, those special pleas. without expense to the United St:ltes or to the city of Washing­ Mr. HEPBURN. Is there any controversy about the propo­ ton. That nothing in this act shall p revent the Government at sition that the city had performed work and furnished material any time, at their option, from altering the grades or otherwise to the amount of $147,000, which the city authorities alleged improving all avenues and streets occupied by said roads; or should have been -paid by this corporation? the city of Washington from so altering or improving such Mr. COBB of Alabama. There was. It was not controverted streets an(\ avenues and the sewerage thereof as may be under that the city had done such work; but this company proposed to their. respective authority and control; and in such event it go to the jury on the proposition that the work thus done by the shall be the duty of said company to change their said railroad city government was not worth the half of $147 ,000; and the so as to conform to such grade and pavement.'; court ruled that the company could not even go into proof on Mr. COBB of Alabama. It is clearly competent for the Dis­ that fact. trict Government, under that organic act, to cause the road to Mr. HEPBURN. Mr. Speaker, I believe as I have before said change its grade. at their will, or to change the track whenever that this bill ought not to be passed, and that the proceedings they saw proper-that is, to put it from the middle to the side now pending in court ought to be permitted to go on, and that or back again; but there is nothing in all this controversy that this charter ought to be taken from this corporation. Here is touches that point at all. Whenever the company were required a franchise worth from half a million to a million dollars that to make a change in the grade they did it, and did it at their has been given to this corpor:1tion. The. company h as shown own expense. But that is quite a different matter from chang­ no symptom of willingness to make adequate and proper return; ing the pavement when it has been laid down under the pro­ it has been intent upon securing the utmost farthing and doing visions of the law, without changing the grade or without any nothing by way of compensation. Now, IthinkthatiftheHouse requirement to change the location of the road. · · will refuse to pass this bill and allow the matter to rest where Mr. HEPBURN. Will the gentleman assert that as to a road it is-allow this action to go on and permit the revocation of which is now paved with cobblestones there is no authority on this chart er to occur, these gentlemen will be in a better frame the p art of the Commissioners to require the company to put of mind to enable the public to secure justice at their hands. down asphaltum pavement? Mr. RICHARDSON of Tennessee. Mr. Speaker,! believe it is Mr. COBB of Alabama. I say they have no authority at all agreed that we may now proceed to read this bill by sections gran ted in this act. under the five-minute rule. I ask that it be done. Mr. HEPBURN. In my judgment, Mr. Speaker, it is unques­ The SPEAKER p1'0 tempore {Mr. DOCKERY}. The gentleman tionable that the character of the pavement is to be determined from Tennessee asks unanimous consent that general debate be in every instance by the city authorities of Washington; that considered as closed and that the bill be now considered under they have absolute authority in this respect. the five-minute rule as in Committee of the Whole. Is there Mr. COBB of Alabama. You will admit that the question is objection? The Chair hears none. simply one of construing the language of the act? Mr. HOPKINS of Illinois. I desire to offer an amendment to Mr. HEPBURN. I think that the fourth and fifth sections of be inserted after the word "square" at t,he end of section l. the act embrace language which unquestionably gives this au­ The SPEAKER pro tempon. As the Chair understands, the thority, without resorting to a ·construction of the general pow- effect of the agreement that the bill be considered under the five· ers of the city authorities. . minute rule-- · Mr. COBB of Alabama. But it does not say so in terms; it is Mr. RICHARDSON of Tennessee. Each paragraph as reached only a matter of construction. The only authority given to the is open to amendment. District in terms is where the grade is to be changed or the lo­ The SPEAKERpro tempore. That is the understanding of the cation of a track is to be changed. That is all. There is no Chair. · authority given in the act which would justify the Distr ict gov­ The pending amendment is that offered by the gentleman ernment in compelling this company to change the pavement at from Massachusetts [Mr. WALKER]. will. That is the point I make. Mr. RICHARDSON of Tennessee. Let us dispose of that Mr. HEPBURN. The latter clause of the fifth section is im­ amendment first. portant in its bearing on this question: The SPEAKER 1n·o tempo?·e. The Chair will recognize the And in such event it shall be the duty of such company to change their gentleman from Illinois [Mr. HOPKINS] for his amendment after said railroad so as to conform to such grade and pavement. that of the gentleman from Massachusetts is disposed of, llnless Such pavement as the city shall determine and such grade as the gentleman from Illinois offers his proposition as an amend• the city shall determine the company is obliged to conform to. ment to the amendment. Mr. COBB of Alabama. Certainly; whenever the city govern­ Mr. HOPKINS of Illinois. No, sir. ment decides that the grade must be changed the company must Mr. LOCKWOOD. Mr. Chairman, I desire to say a few words conform to it, and whenever the city government decides that upon the amendment of the gentleman from Massao.husetts. It the location of the track must be changed, the company must proposes to insert in line 11, after the word "underground" the conform. But that has no bearing on the question whether the word '' electric." My purpose in addressing the House is to say - company may be required to tear up an existing track when the that it is generally recognized throughout the cmmtry that elec­ grade is not to be change_g. nor the location of the track to be tric power is to be, if it is not now, the great propelling power on moved. our street railroads. The overhead trolley system, as h as been Mr. HEPBURN. Well, I will give the gentleman another discovered within the last year, has a very injurious effect upon portion of the section: the pipes, sewers, and water mains laid in the streets of our That nothing in this act shall prevent the Government at any time, at great cities. Now, it is of very great importanctyat the present their option. from altering the grade or otherwise improving all avenues time that if there is an underground syiitem whiconnect with the grant of this fr:anchise a direction on not an absolute succe::;s, but a friend of mine, who is just as re­ our part that this company shall use the electric system for the liable as any man can be, tells me that he was out on the U purpose of demonstrating before the country its utility and its street line, where the Love system, to which the gentleman re­ benefit to the people. fers, is used, within the past ten days, and that the car stopped Now I understand very well, Mr. Speaker, from the sugges- in the middle of the street, and that it was a.1most impossible tions ~ade by the gentleman from Massachusetts [Mr. WALKER], to move it a peg; that they had to get the passengers out, and, and as conceded by the chairmanofthiscommittee [Mr. HEARD] after considerable effort, succeeded in having the car moved. I that all othersystemsofrailroad which are now operating either do ~ot know why that was, but that W:=ts the posi~ive fact, as I the overhead line, the trolley system, or those who are operat- am mformed. ! -make no att9sCk upon It. I hope It can be made ing the cable system, do not want any lines operated under any successful, and it is possibl9 it will be made successful, and if it other system, and for that purpose I say to this House that it is can be, this Metropolitan Company will make it so. That is all of the most essential necessity in my j_udgment that they b3 re- I have to say. quired in this bill to test whatever underground system may be Mr. LOUKWOOD. I do not see where your objection comes to them the most desirable and beneficial, in order that the in, when you propose on your own statement that the mafilline whole country may have the benefit of it. It is very easy for shall use the underground trolley. you all to_understand th~t tb.e men inte~·es~ed in the other rail- ~r. H.TCH_ARDSON of Tennessee. I~ simpl:y g~ves them the roads which use the cable system, behevmg that the under- optwn. I will tell the gentleman why, if he will rndulge mefor ground trolley system, either the one in operation here, Ol' the a moment. T-here is doubt about the success of the electric Buda-Pe.sth system, might be successful, would rather construct conduit system as a motor. It you confine them to that alone, at their own expense, and without any expense to this corpora- and it fails to succeed, then at the expiration of the time they tion whatsoever, a cable system, thereby complying with the will have to come to Congress again for a further extension. act as it is here, than to have this underground trolley system Mr. LOCKWOOD. Then they will come for the overhead put in. trolley. I understand also, from the chairman of the committe~, that Mr. RICHARDSON of Tennessee. Not at all. They do not this corporation did not object; that in the original bill as it ask for it, an:i they do not want that bugbear raised here. No was submitted to the committee they had the word "electric." man representing them and nobody on the District Committee If that is the case, there certainly can be no wrong to thi.s com- expects or intends to ask for the ·trolley as far as I know. pany, there can be no wrong done to the people of Washington, ThaSPEAKERprotempO'I·e. TheClerkwillreporttheamend­ there ean be no injury done to anyone, to confine them t() t~e ment offered by the gentleman from Massachusetts [Mr. WAL- ele::!tric system, and to compel them under the benefits of th1s KER.] _ franchise to put in an underground electric system, which may The Clerk read as follows: prove to the country its feasibility ~nd its de,sirability. On.pa.ge 1, line 11, after the word" underground," insert the word- "elec~ [Here the hammer fell. J tric," so that it will read "underground electric system for propulsion," Mr. RICHARDSON" of Tennessee. Mr. Speaker, in reply to etc. the argument of the gentlemanfrom New York [Mr. LOCKWOOD] Mr. WALKER: Mr. Speaker, here is this same " -General and by way of objection to thi.s amendment, I wish. to say that it Electric Westinghouse trolley street-tramway combine," this would seem to me hardly fair for Congress to require this road hydra-headed monster on this floor. Gentlemen say thfs un­ to make an experiment, as he says-- derg"round electric system is not a success because its lines are Mr. LOCKWOOD. I do not say it is an experiment. This short. No, and it never will be in having long-lineswhile th-ese system has already been in use for more thana year in thi.s city. great corporations can either kill the men who are in it or kill The point that I made upon that was that they should adopt such it anywhere. Why is it not a success in having long lines? It system of underground electrical power as to them may seem has been running in Chicago for two years. It was put in in the best. wiriter on top of the frost in the worst 2 miles of road in Chic3.go, Mr. RICHARDSON of Tennessee. I do not yield to the gen- with turns and angles, conceded in that city to be the worstline tleman for a speech. I want to say it is not fair, it seems to me, of horse railroad that there was in it, and it has been running to limit this company simply to the use of electricity. Now, Mr. without a stop and without a breakfortwowinters and summers. Speaker, that would be very well ii they were experimenting It has been running in this city morethanayear. Yet they-say it with the money of some othercorporation, or with the money of is an untried experiment. It is not put in g-enerally allover the the Government,butwhen these gentlemencome to put into ex- countrybecausethere is in the street-railway charters by nearly ecu tio.n a line of travelfor the benefit and convenience of the pub- every one of the cities all over this country a provision that when­ lie, and for their own gain, they ought to be allowed to do so ever any system of underground electric trolley is disco\ered the upon the best practical terms that can be found that will com- railway companies shaH take down their overhead wires and put ply with the act of Congress, and it seems tome they should not them underground, which willcostthe street railway companies be limited merely to electricity. If the amendment which the millions to do. That i:S why underground lines are few: The gentleman offers applied alone to the main line from George- combine em afford to come into this city and put in the cable sys­ town to East Capitol street, I imagine there would be no sort of tern five times over rather than have this road put this under- objection upon the part of anyone. ground trolla y sy.stem in, rathPr than have to take down their trol- Mr. HAINES. Will the. gentleman permit a. question? lays in every large city in this country. I am pleading here for Mr. RiCHARDSON of Tennessee. No, sir. The reason why human life, for the hundreds that will be killed by thi.s overhead there would be no objection to that is, because it was demon- trolley every future year; as in the past the committee say this strated beyond peradventure that they can not use a cable on company were willing that this word ' 1 electric" should go in, that long line because of the number of curves in it; but on but why did the committee take it out? the Ninth street line, which is a small proportion of the Metro- Mr. RICHARDSON of Tennessee. Does the gentleman mean politan line, running north and south, while the main line runs the overhead trolley? east and west-on the Ninth street line, it being comparatively Mr. WALKER.. I say they have taken out the word'; alec­ straight, they can use a cable. If you put this amendment in tric," leaving it open, so that this railroad company can get a it will force them. to use the electric system on the Ninth street cable system put in for nothing- by the combine rather than to line, as well as on the main or F street line. put in this underground trolley system that hundreds of men in Mr. LOCKWOOD. What objection is there to that? this country know-will work; and which is objected to by these Mr. RICHARDSON of Tennessee. If you limit it to the main great companies because they know they will have to be put to line, the east and west line, I think there would be no serious millions of expense all over this country to put in the under­ objection to forcing them to use electricity, but on the Ninth ground trolley in every other city if this system comes in to the street line it may be, and they think is, practicable to use the cente_r of the city-of Washington. Can not this House see what cabla. and for that reason-- there is a.t stake? This great combine, reaching all over the Mr.' HOLMAN. But we want them to use the electric under- country, has millions of trolley wire that will be worth nothing ground trdUey. if this road works. Why? Do you know there is nothing so Mr. LOCKWOOD. If they can use it upon the main line, destructive to investments in this country as inventions, not what objection is there to using- it on the other? It does not even fire? cost more than half as much. :l\iore mil.J,ions are lost by inventions than by fire, in throwing Mr. RICHARDSON of Tennessee. It does not cost nearly property out of use which is made worthless by improvements as much, but notwithstanding the positive assertion of my friend and better machines. And this invention, which has been run­ from New York [Mr. LOOKWOOD], the proof does not show that ning successiully in this city, and running successfully in Chi­ this conduit is an absolute success. cago, under adverse circumstances such as no other road ever . • \

2868 CONGRESSIONAL RECORD-HOUSE. MARon 12;

encountered, can not be used, simply because these other com­ The Clerk read as follows: panies are determined it shall not be used under any circum­ Strike out the following: stances whatever. And I do beg of you, gentlemen of this House, "And provided further, That if in said proceeding it shall be adjudaed tha.t of the charter of said company be forfeited, then such judgment may a'itd shall in the interests of the people this country-! tell this Con­ be fully canceled and vacated by the payment by said company to the Dis­ gress that if you do not come to the defense of the people, you tri9t of Col~mJ.?ia of the sum of $147,501.05 within ninety days from the ren­ will hear from them in your district. I tell you when they find dicwn of sa1d JUdgment; and thereupon the said company shall be vested out that this Congress would not come to their defense against with all the corporate rights, powers, and subject to all the duties and obli­ gations conferred or imposed upon it by its original charter and the amend­ this monstrous combirie, you will hear from them, and I want to ments thereof." say that the gentleman from New York [Mr. HAINES], who has The SPEAKER pro ternpore. This amendment is read for in­ spoken on this subject, is interested in these trolley systems formation. more than any other man on this :floor. Mr. RICHARDSON of Tennessee. ~t is already pending in Mr. HAINES. Mr. Speaker, I will acknowledge that I am another shape, offered by the gentleman from New York LMr. probably more interested in the trolrny system than any gentle­ COOMBS]. man on this floor; but I have no interest in thatgreatmonoply, The SPEAKER p·ro te·mpoTe. Does the gentleman move that · that gigantic institution of fraud that oppresses the people, ac­ th~ House adjourn? - cording to the statements of the gentleman from Massachusetts Mr. RICHARDSON of Tennessee. I do. [Mr. WALKER]. He appears to me to be grosslyextravagantin The SPEAKER pro tempo1'e. Pending that motion, the Chair his utterances in this respect. will submit some personal requests of members. Mr. WALKER. There are comparatively few trolley systems in this country that they do not own a part of. LEAVE OF ABSENCE. Mr. HAINES. The gentleman is radically wrong. I was By unanimous consent, leav~ of absence was granted as follows: going to say something that perhaps I ought not to say, but I To Mr. ELLIS of Kentucky, indefinitely, on account of sick- will say this-that the gentleman is outrag-eously mistaken. I ness in his family. . state that this institution has never had any connection with any -To Mr. CoMPTON, for two days, on account of important busi· system with which I was or am connected. I will state now for ness. the first time that which I evaded in my first remarks, and I did To Mr. McRAE, indefinitely, on account of important busi­ not want to go to that extent-that the underground system! as ness. constructed in Chicago and in the city of Washington, is a fail­ To Mr. McNAGNY, for ten days, on account of illness. ure. That system has never been a perfect success in any part The motion of Mr. RICHARDSON of Tennessee was then of the United States. With its present machinery and appara­ agreed to. tus it can not possibly prove a success, and if the gentleman does J:\nd accordingly (at 5 o'clock and 5 minutes p. m.), the House ·not know it, I charge that the companies controlling those roads adJourned. · do know it. I have made experiments with the trolley system, with the storage-b3.ttery system, and with the cable system, in almost all PUBLIC BILLS ANn-RESOLUTIONS. parts of the United States; and I ought to know something of Under clause 3 of Rule XXII, bills and resolutions of the fol­ the business, having been president of about twenty such roads. lowing titles were introduced, and severally referred asfollows: I certainly ought to know something about the street railroad By Mr. DOOLITTLE: A bill (H. R. 6232) providing for the business in this country. The gentleman from Massachusetts distribution among the heirs of the Puyallup Indians the com­ evidently entertains a bitter hatred, for some reason unknown mon lands of said Indians, and for other purposes-to the Com­ to me, against this Massachusetts corporation, which, as I said mittee on Indian Affairs. before, I believe to be on the verge of bankruptcy, principally, By Mr. HAINER o! Nebraska: A bill (H. R. 6233) to transfer I believe, because they have tried to help the smaller institu­ the Bureau of the United States Geological Survev and the United tions in the country sections in the building up of their plants States Commission of Fish and Fisheries to the Department of and in obtaining electric street railroads. I say it is impossible Agriculture-to the Committee on Agriculture. for the small cities to successfully conduct an underground sys­ By Mr. HAUGEN: A bill {H. R.6234) for the establishmentof tem of electric trolley. It is without question, next to the cable a fog signal at Superior Pierhead Light Station, Superior, plan, the most extravagant, the least known, and the most un­ Wis.-to the Committee on Interstate and Foreign Commerce. reliable system that can possibly be introduced. The under­ By Mr. RANDALL: A joint resolution(H. Res.137) providing ground electric system is in fact an absolute failure. that all entries under the homestead, preemption, and timber· Will the gentleman, if he understands the operations of street culture or desert-land law made between May 26, 1890, and the railways, tell :ine how the Vanderbilts were deceived when they date of approval of this resolution, etc., are hereby valhlated-to were told for years that the storage battery was a success, and the Committee on the Public Lands. they experimented with it upon the Fourth Avenue line in New By Mr.SWEET: A joint resolution (H. Res.l38) directing York City, and spent hundreds of thousands of dollars upon a payment of the unexpended balance of an appropriation made system that had been proclaimed by different street-railway syn­ for the payment of the expenses of the constitutional convention dicates to be a success? Has that system been a success? No! of the State of Idaho-to the Committee on Appropriations. And now you propose to tell one who has spent his entire life in tne street-railroad business that this institution is-to be favored in this District by making this experiment! which I claim to­ PRIVATE BILLS, ETC. day is not a success. It is absolutely an experiment, and should Under clause 1 of Rule XXII, private bills of the following not be imposed upon this corporation, a corporation which I have titles were presented and referred as follows: no love for. It is the monopoly of monopolies, · and an institu­ By Mr. BROOKSHIRE: A bill (H. R. 6235) to correct the mili· tion which is, according to statements made to me to-day by tary record of George W. Winters, sr.-to the Committee on Representatives upon the :floor of this House, and statements Military "Affairs. which I am convinced are true, it is of all fraudulent corpora­ By Mr. CAMPBELL: A bill (H. R. 6236) for the relief of the tions, the greatest, most selfish, and most grasping. It seeks heirs of Henry Herrman-to the Committee on Claims. not only to rob the citizens of Washington, but, through gov­ By Mr. DOOLITTLE: A bill (H. R. 6237) to remove the charge ernmental legislation, the taxpayers of the United States. To of desertion standing against H. R. Calkins, late private in Cali­ grant to it more favorable legislation would be criminal. It fornia Column during the late war-to the Committee on Military should be placed upon the same level with other similar corpo­ Affairs. · rations, and the present bill favoring this monopoly should not By Mr. ELLIS of Kentucky: A bill (H. R. 6238) for the relief p9.Bs this House. of D. L. Adair-to the Committee on Pensions. Mr. RICHARDSON of Tennessee. It is now adjourning time~ By Mr. ENLOE: A bill (H. R. 6239) for the relief of the estate the amendments have all been submitted and will be pending. of Augustus B. Pharr, late of McNairy County, Tenn.-to the If we adjourn now, they will come up for action on the next Dis­ Committee on War Claims. trict day, I presume; and that being so, inasmuch as the attend­ By Mr. FUNSTON: A bill (H. R. 6240) to increase the pension ance is sparse and there would be no· quorum on a vote, I shall of Asa Tacket-to the Committee on Invalid Pensions. move that the House adjourn. I understand my friend from By Mr. LACEY: A bill (H. R. 6241 ) granting a pension to Dr. Mississippi desires to offer an amendment for information. Of Samuel R. Mitchell, contract surgeon in the war of the rebel­ course, it can not be pending, for I believe all are offered that lion-to the Committee on Invalid Pensio.ns. can be; but the gentleman may offer·it for publication and for By Mr. PAYNE: A bill (H. R. 6242) granting a pension to Mrs. the information of the House. I yield so that it may be read for Ann Colegrove-to the Committee on Pensions. information. By Mr. RICHARDS: A bill (H. R. 6243) to remove the charge Th 9 SPEAKER 2J ,·o tempo1·e. The Clerk will r eport the amend­ of desertion from the military record of Peter R. Eddy-to the ment offered by the gentleman !rom Mississippi, for information Committee on Military Affairs. only. Also, a. bill (H. R. 6244) to remove the charge of desertion from 1894. CONGRESSIONAL RECORD-HOUSE. 2869 the military record of Jacob Eckert-to the Committee on Mili­ ical and pecuniary condition of Mahala and Elizabeth Jones, tary Affairs. daughters of .Tames Jones, a soldier of the war of the Revolution­ By .Mr. RUSSELL of Connecticut: A bill (H. R. 6245) grant­ to the Committee on Pensions. ing an honorable discharge to L. F. Norton-to the Committee Also, affidavit of John Davis, concerning- the physical disabil­ on Military Affairs. ity of Mahala and Elizabeth Jones, daughters of James Jones, a Also, a bill (H. R. 6246) for the rel~ef of C. W. Denison-to the Revolutionary soldier-to the Committee on Pensions. Committee on War Claims. By Mr. HEARD: Petition for an amendment to the Constitu­ By Mr. BOWER of North Carolina: A bill (H. R. 6247) for the tion of the United States-to the Committee on t-he Judiciarv. relief of Abram C. Bryan-to the Committee on Military Af­ By Mr. HER~IANN: Five numerouslysignedpetitionE~of chi­ fairs. zeus of the State of Oregon for the passage of the Manderson­ By Mr. MILLIKEN: A bill (H. R. 6248) granting a pension to Hainerbill-tothe Committee on the Post-Office and Post-Roads. George H. Rand-to the Committee on Invalid Pensions. By Mr. KIEFER: Petition of Court Stillwater, No. 1035, signed by W. C. Masterman, H. H. Gillen, and others, in favor of the Manderson-Hainerbill-tothe Committee on the Post-Office PETITIONS, ETC. and Post-Roads. Under clause 1 of Rule XXII, the following petitions and papers _ By Mr. LACEY: Petition of Dr. Samuel R. Mitchell asking were laid on the Clerk's desk and referred as follows: for a pension-to the Committee on Invalid Pensions. By Mr. ADAMS of Pennsylvania: Petition of Dahlgren Gar­ By Mr. LAPHAM: Memorial of citizens of Rhode Island and rison, Army and Navy Union, relating to the retirement of en­ Massachusetts, for the construction of a breakwater at Beacon­ listed men-to the Committee on Military Affairs. net Point, Rhode Island-to the Committee on Rivers and Har- Also, resolutions of the Philadelphia Board of Trade, relating bors. - to duty on sugar-to the Committee on Ways and Means. By Mr. LYNCH: Petition of Perry Foster arid 9 others, citi­ By [r. ALDRICH: Petition of Stars and Stripes Council, No. zens of Lincoln County, Wis., asking for the passage of the Man­ 659, of the National Union, and of Fred K. Monell and 30 other derson-Hainer bill-to the Committee on the Post-Office and residents o.f Chicago, in favor of the passage of the Manderson­ Post-Roads. Haiuer bill-to the Committee on the Post-Office and Post­ By Mr. PAYNE: Resolution of the New York State Legisla­ Roads. ture,for the passage of bill guaranteeing to mail-carriers a hear­ By Mr. AVERY: Petition of Perry Hannah, Thomas T. Bates, ing before dismissal-to the Committee on the Post-Office and James G. Johnson, and 150 other citizens of Traverse City, ask­ P ost-Roads. ing for the p ass~ge of the Manderson-Hainer bill-to the Com­ By Mr. PATTERSON: Petition of citizens of Memphis, •.renn., mittee on the Post-Office and Post-Roads. in the interest of frat.ernal society and college journals-to the By Mr. BARTHOLDT: Petition of George Kaufman and 36 Committee on the Post-Office and Post Roads. other citizens of St. Louis, Mo., praying for the pa-ssage of the By Mr. PEARSON: Petition of Hamline Methodist Episcopal Manderson-Hainer bill, H. R. 4897-to the Committee on the Church, of the Methodist Protestant Church, and of the Third Post-Office and Post-Roads. Presbyterian Church, of Steubenville, Ohio, representing a con­ By Mr. BROOKSHIRE: Paperstoaccomp:myHouse bill6217, gregation of over 515 citizens, praying that the preamble of the to pension Isaac N. Eilis-to the Committee on Pensions.- Constitution be so amended as to recognize the Deity-to the By Mr. BURROWS: Petition of Electrical Workers' Union of Committee on the Judiciary. Detroit, T. S. Shuttleworth, president; W. C. Shuart, secretary; Also, petition of Finley Methodist Episcopal Church, repre­ favoring Government ownership and control of the telegraph senting 200 citizens, together with a petition from Mrs. M. K. system-to the Committee on the Post-Office and Post-Roads. White and 10 others, of Steubenville, Ohio, and the Woman's By Mr. COGSWELL: Petition of Frederick H. Williams and Christian Temperance Union, representing 25ladies of said city, others of Bradford, Mass., for the passage of the Manderson­ praying that the preamble of the Constitution of the United Hainer bill-to the Committee on the Post-Office and Post­ States be so amended as to recognize the Deity-to the Commit­ Roads. tee on the Judiciary. B.v Mr. COUSINS: Petition of members of Marshall Council, By Mr. PENCE: Petition of W. F. McDowell, chancellor, in No. 588, National Union,and 100othercitizensof Marshalltown, behalf of the trustees and faculty of .the University of Denver, Iowa, favoring the passage of the Manderson-Hainer bill, H. R. Colo., in the interest of fraternal society and college journals-to 4897-to the Committee on the Post-Office and Post-Roads. the Committee on the Post-Office and Post-RDads. By Mr. CURTIS of Kansas: Petition of citizens of Delavan, . By Mr. PERKINS: Petition of 44 citizens of Sac County, Kans., in the interest of fraternal society and college journals­ Iowa, with reference to the protection of dairy products-to the to the Committee on the Post-Office and Post-Roads. Committee on ·Agriculture. Also, petition of Rev. L. Blakesly, Rev. Peter McVicker and By Mr. RAY: Petition of farmers of Delaware COttnty, N.Y., others, with one from E. J. Carthage and others of Topeka, together with resolutions of Genegantsbet Grange, No. 555, of Kans., praying for the passage of the Abbott bill for the preven­ Chenango, N.Y., for a law against the sale, etc., of bogus but­ tion of lottery gambling, etc.-to the Committee on the Post­ ter-to the Committee on Agriculture. Office and Post-Roads. By Mr. RICHARDS: Petition of citizens of Canal Dover, By Mr. DOOLITTLE: Petition of Defiance Lodge, Ancient Or­ Ohio, for the establishment of a Government telegraph and det· of United Workmen, of Tacoma; Harmony Lodge, No.3, An­ telephone service-to the Committee on the Post-Office and cient Order of United Workmen, of Vancouver; Bellingham Post-Roads. Council, No.1421 , Royal Arcanum, of New Whatcom, together By Mr. WILLIAM A. STONE: Resolution of Encampment with another petition of the residents of South Bend, Wash., No. 1, Union Veteran Legion, Pittsburg, against putting sol­ praying for the passage of the Manderson-Hainer bill-to the diers' homes in charge of the War Department-to the Commit­ Committee on the Post-Office aJJd Post-Roads. tee on Appropriations. Also, resolutionsof Fairhaven Chamber of Commerce, together By Mr. STONE of Kentucky: Petition for the relief of Spen­ with a petition of the American Association of Masters and Pilots cer Greene-to the Committee on Accounts. of Steam Vessels, No.16, PugetSound Harhor,favoringproposed By Mr. TERRY: Papers to accompany House bill6228 for the pilot chart of North Pacific Ocean-to the Committee on Inter- relief of Adaline J. Props-tD the Committee on Pensions. . state and Foreign Commerce. Also, peti~ion of citizens of Detroit, Mich., to create the of­ By Mr. EVERETT: Petition of clerks in United States post­ fice of foreman of presswork in the United States Government office, JR.maica Plain, Mass., in support of House bill 56-to the Printing Office-to the Committee on Printing.· Committee on the Po2t-Office and Post-Roads. By Mr. UPDEGRAFF: Petition of John G. Hempel and 55 Also, protest of Doliber Goodale Company, of Boston, against other citizens of Clayton County, Iowa, in favor of Senate bill legislation to forbid transmission of medical advertisements by 1376 subjecting imitation dairy products shipped into a State to mail-to the Committee on the Post-Office and Post-Roads. the laws of such State-to the Committee on Agriculture. By Mr. FITHIAN: Petition and resolutions by Calhoun Camp, ­ By Mr. WADSWORTH: Petitionofcitizens of NiagaraFalls, No. 1722, Modern Workmen of America, in favor of the passage itt favor of the passage of the Manderson-Hainer bill, H. R. of the Manderson-Hainer bill-to the Committee on the Post­ 4897-to the Committee on the Post-Office and Post-Roads! Office and Post-Roads. By Mr. WHEELER of Alabama: Petition of George M. By Mr. HAINER of Nebraska: Petition of Richard Wilson White, of Limestone County, ·Ala., praying that his claim be n.nd many other citizens of Cincinnati, Ohio; Frank E. Peck and referred to the Court of Claims-to the Committee on War others, of Shelton; William H. Backabery and others, of Lan­ Claims. ham, and F. Ash pole and others, of Stockham, all of Nebraska, By Mr. WHITING: Petition of John W. Elliot and 29 others, prn.ying for the passage of the Manderson-Hainer bill-to the of Adair; of F. P. Bagley and 44 others, of Metamora; of E. J. Committee on the Post-Office and Post-Roads. Salisbury and 150 others, of Mount Clemens; of W. H. Johnston By Mr. HATCH: Affidavit of John Davis, concerning the phys- and 41 others, of Hadley; of J. A. Vannest and 16 others, of 2870 CONGRESSIONAL RECORD-SENATE. ".1\l.ARCH 13,

Brown City; of E. A. Johnson and S6 others, of Bad _Axe; of PETITIONS AND MEMORIALS. William Strono· and lG others, of Yale; of C. A. Lampkm and61 Mr. TELLER presented a petition of the Ninth General As­ others of C;:wboro; of E. W. Mahon and 39 _othe~s, of Charles· sembly o1 the State of Colorado, praying for the enactment of ton; of Andrew Harrington and 24 others, of Attica; of W. W. legislation ceding to that State the lands and buildings known Johnson and 10;) others, of Port Huron; of M. Boynton and 64 as Fort Lyon, in Bent County, Colo., for the benefit of all old others, of Port Huron; of Frand Mercer and W. H. Miller, and soldiers, sailors, and their tamilies; which was referred to the 137 others, of Forester; of George Patterson and 28 others, of Committee on Military Affairs. Sigel; of A. D. Joyce and 22 others, of Warren; ofT. Bancroft He also presented petitions of 270 citizens of Weld; of sundry and 48 others, of Pigeon; of J. S. Patiner and 64 others, of S~­ citizens of Denver and Platner, all in the State of Colorado; of bewaina: of Walter Wilcox and 41 others, of Lambs; of Ohn sundrycitizens or McCune,Kans.,and of sundry citizens of Hop­ . Pengra"'and 56 others, of Sebewaing; of Fra.ncisMcElroy andl05 kinton, Iowa, praying that the preamble to the Constitution of others, of L:1peer; and two more from Frederick E .. Fi~ster and the United States be so amended as to recognize the Deity; Samuel Haigh and 84: others, of Port Huron, all of Michigan, and which were referred to the Committee on the Judiciary. in favor of the p 3. ss:1ge of the House bill 4897, known as the Man­ Mr. HOAR presented a petition of sundry citizens of Massa­ derson-Hainer bill-to the Committee on the Post-Office and Post- chusetts, praying for the enactment of legislation to enable the Itoads. . States to enforce f:ltate laws regulating th~ sale of substitutes By :Mr. WRIGHT of Pennsylvania: Petition of citizens of for dairy pl'Oducts; which was referred to the Committee on In­ Wells, Pa., in favor of the Manderson-Hainer bill-to the Com­ t&rstate Commerce. mittee on the Post-Office and Post-Roads. He also presented the petition of F. M. Howes and 87 other citizens of West Gardner, Mass., praying that fraternal society and college journals be admitted to the mails as second-class matter; which was referred to the Committee on Post-Offices and SENATE. Post-Roads. . TUESDAY, ll.Iarch 13, 1894. Mr. WASHBURN presented a petition of Sinnott Alliance, No. 890, of Marshall County, Minn., praying for the imposition Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. of an income tax; which was referred to the Committee on The Journal of yesterday's proceedings was read and approved. Finance. MESSAGE FROM THE HOUSE. He also presented a memorial of 83 citizens of Fulda, Minn., remonstrating against any change in the duty on flax straw; :. A message from the House of Representatives, by Mr. T. 0. which was referred to the Committee on Finance. TOWLES its Chief Clerk, announced that the House had passed He also presented petitions of Camp No. 445, Modern Wood­ a bill (:H. R. 3858) to pension Mrs. Eliz~ B. ~ e ir~e, widow of men of America, of Minneapolis; of Loage No. 67, Ancient Or­ Charles Peirce, of New Bedford, Mass.; m which 1t requested der of United Workmen, of Sleepy Eye, and of sundry citizens the concurrence of the Senate. of Sleepy Eye and Minneapolis, all in the State of Minnesota, - ENROLLED BILLS SIGNED. praying that fraternal college and society journals be admitted to the mails as second-class. matter; which ware referred to the ' The message also announced that the Speaker of th~ House Committee on Post-Offices and Post-Roads. had sianed the followina enrolled bill and joint resolutwn; and Mr. HALE presented the petition of William M. White and they .;ere thereupon signed by the President pro t~mpore: sundry other citizens of Dixfield and Carthage, in the Stata of A bill (S. 432) to provide an American register for the steamer Maine, praying for the enactment of legislation to enable the El Callao; and . . . States to enforce State laws regulating the sale of substitutes A joint resolution (S. R. 51) to pronde for the prm~mg of the for dairy products; which was referred to the Committee on In­ report of the joint committee of Congress and proceedmgs at the terstate Commerce. centennial celebration of the laying of the corner stone of the He also presented the petition of Rev. William E. Gaskin and Capitol. sundry other citizens of Maine, praying for the enactment of COMMITTEE SERVICE. legislation suppressing the lottery traffic; which was referred to Mr. BATE. I ask permission of the Senate to be relieved the Committee on the Judiciary. from the chairmanship of the Committee on the Mississippi Mr. LODGE presented the petition of Charles L. Edwards and River and its Tributaries, retaining, however, my membership 3 other members of the faculty of the Universit.v of Texas, A us­ on the committee. tin, Tex., praying for the removal of all duties upon philo­ The PRESIDENT pro tempore. The Senator from Tennessee sophic and scientific appa,ratus,-whose chief use is for instruction asks leave of the Senate that he be excused from further service or research; which was referred to the Committee on Finance. as chairman of the Committee on the Improvement of the Mis­ He also presented petitions of J. F. Talbot and 15 other citi­ sissippi River and its Tribut::l.ries. Is there objection? The zens of Cambridaeport; of W. F. Sproul and 28 other citizens of Chair hears none. The Senator is excused from the chairman­ Massachusetts, a;dof R. H. King and 37 other citizens of Spring­ ship and remains a member of the committee. field, all members of Lodge No. 138, Ancient Order of United Mr. PEFFER was, on his own ·motion, excused from further Workmen, in the State of Massachusetts, praying that fraternal service upon the Committee on the Improvement of the Missis­ college and society journals be admitted to the m~ils as second­ sippi River and its Tributaries. class matter; which were referred to the Committee on Post· Mr. MARTIN was, on his own motion, excused from further Offices and Post-Roads. service upon the Select Committee to Investigate the Geologic2.l H e also presented petitions of J. A. Kline and 23 other citizens Survey. of Earemont, Mass., and of Francis M. Bentwell and 7 other Mr. GORMAN. I move that the vacancies on the several Sen­ citiz~ns or Groton, Mass., praying for the enactment of legisla­ ate committees be filled by the assignments designated on the tion to enable the States to enforce State laws regulating the sale of substitutes for dairy products; which were referred to paper which I send to the Chair. the Committee on Interstate Commerce. The PR ~SIDENT pro te·m,po1·e. The Secretary will read the Mr. QUAY presented sundl'y petitions of citizens of Meadville, assignments proposed. - Pa., praying that fraternal society and college journals be ad­ The Secrektl'J read as follows: · mitted to the mails as second-class matter; which were referred Mr. BATE, Military Aff~i.rs, chairman. to the Committee on Post-Offices and Post-Roads. Mr. BERRY, Commerce. Mr. BLA.NCHARD;Improvement of the Mississippi River and its Tributa· Mr. GALLINGER presented the p etition of L. H. Parker and ries, chairman: Epidemic Diseases, Indian Affairs, Railroads, Public Build· 16 other citizens of Benton, N.H., praying for the enactment ings and Grounds. of leO'islation to enable the States to enforce St:1te laws regulat­ Mr. CAMDEN, to Audit and Control Contingent Expenses of the ~enate, chairman; Organization, Conduct, and Expenditures of the Executive De· ing the sale of substitutes for dairy products; which was re­ ferred to the Committee on Interstate Commerce. P~~~Jg~s of Arkansas, to Audit and Control Contingent Expenses of the Mr. PEFFER presented a petition of sundry- cit.izens of I_Wn­ s~;.t~CLAURIN, to Investigate the Geological Survey, chairman; Civil ton, Wash., praying forth~ ~nactment of leg1slat10n to reh~ve Servi~ and Retrenchment, Cla.ims, Indian Depredations, Improvement of the :financial distress preva1lmg throughout the country; wh1ch the Mississippi River and its Tributaries. was referred to the Committee on Finance. Mr. PASCO, Military Affairs. Mr. PEFFER. Pensions. He also presented the petition of E. J . Cartlidge and sundry Mr. SMITH, Interstate Commerce. other citizens of Topeka, Kans., praying for the enactment of Mr. MARTIN, Railroads. chairman. legislation to suppress the lottery traffic; which was referred to Mr. CAFFERY, Pacific Railroads. the Committee on the Judiciary. The PRESIDENT p1·o tempore. Will the Senate agree to the He also p resented the petition ofT.~. O'Brien and sundry o~her assignments just read? The Chair hears no objection, and the citizens of Leavenworth, Kans., praymg that fraternal somety assignments are agreed to. and college journals be admitted to the mails as second-clas~