870 CONGRESSIONAL RECORD-SENATE. JANUARY 21, others, citizens of Poughkeepsie, N.Y., asking for the passage of the By Mr. GROUT: Of 495 ·citizens; and of 692 citizens of the second Senate bills 52 and 53-to the Committee on Indian Affairs. district of Vermont. By Mr. KLEINER: Petition of the Indiana. State Grange; of the By Mr. HAYDEN: Of 248 citizens of the fifth district of 1Ia.3Sachu­ Indiana Tile and Drainage Association; of the Indiana State Board of setts. Agriculture;. and of the Indiana Horticultural Society~ in favor of By Mr. KETCHAM: Of 48 citizens of the sixteenth district of New establishing agricultural experiment-stations-to the Committee on York. Agriculture. By Mr. LANDES: Of 206 citizens of the sixteenth district of Dli­ By Mr. MARTIN: Petition of the American Shipping and Industrial nois. League, in favor of the Dingley bill, and for other purposes-to the By Mr. LITTLE: Petition of Mrs. HenriettaL. Monroe, president, Select Committee on Ship-building and Ship-owning Interests. and other officers of the Ohio Women's Christian Temperance Union, By 1\Ir. MOFFA.TT: Petition of R. B. Reynolds and 35 others, of for the passage of the Blair bill. Inland, Benzie County, Michigan, in favor of the passage of House bill By Mr. PINDAR: Of citizens of the twenty-fourth district of New 2933-to the Committee on Agriculture. York. By Mr. MORRILL: Petition of Grand Army of the Republic, Post By 1\fr. SAWYER: Of 94 citizens of the thirty-first district of New Soldier of Kansas, asking for the passage of the Edmunds-Tucker Mor­ York. mon bill-to the Committee on Judiciary. By Mr. MORROW: Memorial by telegraph from thepresident ofthe Chamber of Commerce of San Francisco, Cal., in favor of appropria­ tions for coast defenses and increased naval force-to the Committee on SENATE. Appropriations. FRIDAY, January 21, 1887. By Mr. NORWOOD: Petition for the continuance of collector at Brunswick, Ga.-to the Committee on Ways and Means. Prnyer by the Chaplain, Rev. J. G. BUTLER, D. D. By Mr. OSBORNE: Resolution of the New York Board of Trade and The J ou.rnal of yesterday's proceedinga was read and approved. Transportation, favoring the passage of the interstate-commerce bill­ ROBERT ST.RACH.A.N. to the Committee on Commerce. Also, resolutions of the Western Pennsylvania Agricultural Associ­ The PRESIDENT pro tempore laid before the Senate the amendment ation, favoring the passage of the Miller bill relative to pleuro-pneu­ of the House of Representatives to the bill (S. 574) for the relief of Rob­ monia-to the Committee on .Agriculture. ert Strachan; which was referred to the Committee on the District of Also, resolutions of the KnightsofLaborofWashington, D. C., favor­ Columbia. ing the passage of the bill (H. R. 7217) providing for the organization of BATTLE SWORD OF CAPT. S. C. REID. the Territory of Oklf}homa-to the Committee on Territories. The PRESIDENT pro tempore laid before the Senate the following Also, resolutions of the New England Ship-owners' Association, favor­ message from the President of the United States; which was read, and, ing the passage of the Dingley pilot bill-to the Select Committee on with the accompanying papers, ordered to lie on the table, and be American Ship-building and Ship-owners Interests. printed: By .Mr. PERKINS: Petition and papers in support of the pension To the' senate and. H011.se of Representatives: claim of James Spring, of Winfield, Kans.-to the Committee on In­ I herewith transmit a. communication addressed to me by Mr. Samuel C. Reid, vaHd Pensions. who offers to the United States the battle sword (now in my custody) of his father, Cnpt. Samuel Chester Reid, who commanded the United States private­ By Mr. PINDAR: Petition of George A. Trumbull Post, No. 157, armed brig General Armstrong, at the battle of Faya.l, in September, 1814. Grand Army of the Republic, of Experience, N. Y., asking for the pas­ I respectfully recommend that appropriate action be taken by Congress for the sage of the Edmunds-Tncker bill-to the Committee on the Judiciary. acceptance of this gift. GROVER CLEVELAND. Also, resolutions of the New York Board of Trade and Transporta­ EXECUTIVE M.L~SION, tion Company, relative to the· interstate-commerce bill-to the Com­ Washington, January 20, 1887. mittee on Commerce. By Mr. RIGGS: Letter from Col. W. H. Fulkerson, of Jerseyville, STATE DEPARTMENT CONTINGENT FUND. Til., in favor of the Miller pleuro-pneumonia bill-to the Committee The PRESIDENT pro tempore laid before the Senate the following on Agriculture. message from the President of the United States; which was read, and, By Mr. STEELE: Petition of Sylvester Johnson, president Indiana with the accompanying papers, referred to the Committee on Appro­ Horticultural Society; of Milton Trusler, master of the Indiana State priations, and ordered to be printed: Grange; ofT. E. Chandler, president of the Indiana Tile and Drain­ To the Senate of the Un ited States: age Association; and of W. B. Seward, president Indiana State Agri­ I have the honor to transmit to the Senate herewit-h a. report of the Secretary of State in answer to the resolution of the Senate of the 11th instant, requesting cultur:U Association, asking for the passage of the bill establishing ex­ "estimates for the contingent fw1d of each bureau" iu the Department of State. perimental farms in the several States-to the same committee. GROVER CLEVELAND. :By Mr. W. J. STONE, of Missouri: Petition of S. T. Ryan and others, EXECUTIVE MANSION, citizens of Missouri, in favor of the experiment-station bill, and for Washington, January 20, 1887. other purposes-to the same committee. CLAIMS AGAINST REPUBLIC OF HAYTI. Mr. TAULBEE: Petition of Nimrod Mcintosh, late private Com­ By The PRESIDENT pro tempore laid before the Senate the following pany D, Sixth Regiment Kentucky Cavalry, and second lieutenant message from the Pl'esident of the United States; which was read: Company K, Fourteenth Regiment Kentuc1..~ Cavalry, for the removal of the charge of desertion standing against him-to the Committee on To the Senate : I transmit herewith a. report of the Secretary of State in answer to the resolu­ Military Affairs. tion of the Senate of D ecember 8, 18 6, relative to the claims of .Antonio Pelle~ By .l'tlr. VAN EATON: Papers relating to the claim ofMrs. Elizabeth tier and A. H. Lazare against the Republic of Hayti. Mackin, to accompany Honse bill 6113-to the Committee on War GROVER CLEVELAND. EXE CUTIVE 1\IANSION, Claims. Washington, Janua1-y 20, 1887. By Mr. WAIT: PetitioliofHngh H. Osgood, of Norwich, Conn., for the repeal of certain internal taxes-to the Committee on Ways and The PRESIDENT pro tempore. The Chair calls the attention of Means. the Senator from Vermont [Mr. EDMUNDS]. The Chair is in doubt By Mr. WILSON: Petition of the town council of West Grafton, W. whether it is necessary to order accompanying documents to be printed. Va., for an appropriation for a national cemetery at Grafton, W.Va.- Mr. EDMUNDS. Probably they had better not be printed at first, to the Committee on Military Affairs. · and the Committee on Foreign Relations can examine them and see whether they need be printed. The PRESIDENT pro tempore. The message will be printed, and, The following petitions, praying for -the enactment of a bill provid­ with the accompanying papers, referred to the Committee on Foreign ing temporary aid for common schools, to be disbursed on the basis of Relations. illiteracy, were severally referred to the Committee on Education: EXECUTIVE COMMUNICATIONS. By Mr. BUNNELL: Of 222 citizens of the fifteenth district of Penn­ The PRESIDENT pro tempore. The Chair lays before the Senate a sylvania. communication from the Secretary of State, transmitting copies of a By Mr. BURROWS: Of 297 citizens of the fourth district of Mich­ memorial of several historical societies, and making statement relative igan. to the purchase of a digest and catalogue of documents in Europe rela. By Mr. J. 1\L CAMPBELL: Of citizens of Somerset, Pa. t ingtotheea.rlyhistoryofthe United States, prepared by B. F. Stevens. By Mr. CURTIN: Of 323 citizens of the twentieth district of Penn­ Mr. HOAR. I move that all the papers be printed and referred to sylvania. the Committee on the Library. They are very brief. . By Mr. EVERHART: Of 127 citizens of West Grove, and 40 citizens The PRESIDENT pro tempore. Does the Senator desiro iho lotter of Spring City, Chester County, and 14 citizens of Delaware County, of the Secretary of State read? Pennsylvania. Mr. HOAR. It is not necessary. By :hir. FARQUHAR: Of 218 citizens of the thirty-second district Mr. EDMUNDS. It ought to be read. of New York. Mr. HOAR. Yes; that is the ordinary courtesy. 1887. CONGRESSIONAL RECORD-SENATE. 871

The PRESIDENT pro tempore. The letter need not be read. It bacco dealers pay only $240 a year. The petition is sent to me with will be printed with the accompanying papers, in the usual way. the following letter: The PRESIDENT pro tempore laid before the Senate a communica-­ LOUISVILLE, KY., January 19, 1887. tion from the Secretary of the Treasury, transmitting a report frpm the 1\IY DEAR SENATOR: At the request of a large number of our mer<:han.ts, I writ.e and inclose a bill reducing the wholesale and retail dealers' spec1al hc~uses on United States Treasury relative to an appropriation of $50,000 for oleomargarine, and request th:a.t you introduce the same and ask for 1ts refer­ printing and separating silver certificates and legal-tender notes, and ence to your Finance Committee. preparing them for issue; which, with the accompanying papers, was These exorbitant special taxes have completely ruined the Sou~hern trade of our commission merchants in thls commodjty, and consequently JS< a great loss referred to the Committee on Appropriations, and ordered to be printed. to the business interest of our city. The law works in the interest of the large The PRESIDENT pr:o tempore. The Chair lays before the Senate a manufactories of Chicago. communication from the Secretary of the Interior, transmitting, in I also send you a memorial to the same ~ffeet, signed by our officials.a:nd m~r­ chants. It is needless for me to add anythmg fu1·ther, as you are so fam1har wtth reply to a resolution of January 19, 1887, the report of Capt. Moses the whole subject. Harris, Firs~ Cavalry, acting superin tendent of theYellowstone National Park; which, if there be no objection, will, with the accompanying Very respectfull!, GEORGE T. WOOD. Hon. JAMES B. BECK, papers: be referred to the Committee on Public Lands, and ordered to Washington, D. C. be printed. Mr. MANDERSON. Should not the document be referred to the Accompanying the petition is a carefully prepared bill to cany out Committee on Territot:ies, relating as it does to the YelJowstone Na­ the purposes of the petition. I move the reference of all these papers tional Park? I make that suggestion in the absence of the chairman to the Committee on Finance. of the committee. The motion was agreed to. The PRESIDENT pro tempore. If there be no objection, it will be Mr. BECK. I present three similar petitions, one signed by n. S. referred to the Committee on Territories. Frazer and 21 other citizens of Covington, Ky., another signed by a Mr. ALLISON. That is q. communication from the superintendent number of citizens of Paducah, Ky., and another by citizens of New­ of the park? port, Ky., all to the same effect. I move that they be refened to the The PRESIDENT pro tempore. It is. Committee on Finance. Mr. ALLISON. That was called for by the Senator from Missouri The motion was agreed to. [Mr. VEST] day before yesterday, and I think with a view of present­ Mr. FRYE. I present the petition of John M. Spear and a large ing it to the Committee on Appropriations, with some idea. of changing number of other citizens of Eastport, Me., petitioning for retaliatory the method of governing the park. legislation against Canada in the fishery matter, and also for an in­ Mr. MANDERSON. I have no objection to that reference. crease of duty upon fresh and salt fish. It is accompanied by a letter The PRESIDENT pro tempore. If there be no objection, the com­ to me urging upon me diligence in this matter. I do not think that munication will be referred to the Committee on Appropriations. Canada will make any complaint that I have not been diligent in the The PRESIDENT P!O tempore laid before the Senate a communica­ matter of the fisheries, so far as I am concerned; and I simply would tion from the Attorney-General, transmitting a statement as to the like my constituents to understand that, so far as imposing a duty upon rents paid for rooms and building for the use of the United States fish is concerned, it is not, under the Constitution, in the power of the courts, with a view of increasing the appropriation therefor; which, United States Senate to originate a bill imposing such duty. With the accompanying papers, W::J.S referred to the Committee on Ap- The PRESIDENT p1·o tempore. The petition will lie upon the table. propriations, and ordered to be printed. . Mr. BROWN. I present a memorial from the mayor and aldermen He also laid before the Senate a communication from the Secretary of and a large number of merchants and business men of Brunswick, Ga., the Treasury, transmitting a letter from the Secretary of War, submit­ strongly protesting against the report of the Committee on Ways and ting an estimate of appropriation of $10,000 for improving the water­ Means in the House of Representatives, recommending the consolida­ power of the Rock Island arsenal; which, with the accompanying papers, tion of the ports of Georgia into one collection district. I mo-ve that was referred to the Committee on Appropriations, and ordered to be the memorial be referred to the Committee on Commerce. printed. . The motion w.as agreed to. PETITIONS AND 1\IlniORIALS. Ur. RIDDLEBERGER presented the petition of Captain John Cow­ The PRESIDENT pro te-mpore presented a petition of citizens of den in relation to the non-compliance of Captain James B. Ea.ds with New Lisbon, Ohio, and a petition of citizens of Ohio generally, pray­ the provisions of the so-caJ.led Ea-ds jetty act; w,hich was 1·efened to the ing for a repeal of the internal-revenue taxes; which were referred to Committee on Commerce. the Committee on Finance. . M:r. HAnE presented the petition of George W. White and other Mr. CAMERON presented a petition of the Board of Trade of Phila­ citizens of Maine, praying for the rebuilding of the breakwater at the delphia, Pa., praying for the passage of the so-called Miller bill for the northerly entrance of Owl's Head Harbor, Me.; which was referred to suppression of pleuro-pneumonia; which was referred to the Commit­ the Committee on Commerce. tee on Agriculture and Forestry. Mr. INGALLS presented the petition ofT. 1L Woodward and 24 He also presented a petition of druggiSts of Pittsburgh, Pa., praying other citizens of Elk Falls, Kans., praying for a reduction of the special for a recJ.uction of the internal-revenue taxes; which was referred to taxes, and for the repeal of the obnoxious and prohibitory features of the Committee on Finance. the oleomargarine bill; which was referred to the Committee on Agri­ · Mr. PALMER presented a petition of the Detroit (Michigan) White culture and Forestry. Lead Works, praying for the repeal of the .internal-revenue taxes; Mr. HAMPTON. Ihavejn.<>treceived two memorials from theCbam­ w hlch was referred to the Committee on Finance. berofCommerce of Charleston, South Carolina, in reference to the Char­ He also presented the petition of Lewis Johnson and 31 other citizens lestonjetties, which the Senate took action upon the other day. I move of Grayling, b-fich., praying for a reduction of the special taxes and the reference of the memorials to the Committee on Commerce. for the repeal of '' the prohibitory and monopolistic features'' of the The motion was agreed to. oleomargarine bill; which was referred to the Committee on Agricult­ Mr. BUTLER. Ihavealsoreceivedsimilarpetitionsfrom the Cham­ ure and Forestry. ber of Commerce of Charleston. I move their reference to the Commit­ He also presented the memorial of D. Follmer and 31 other citizens tee on Commerce. . of Michigan,. remonstrating against the extension of the patent to The motion was agreed to . David L. Garner for a spring-tooth harrow; which was referred to the Mr. EVARTS presented the petition of F. A. Linsley and 26 other Committee on Patents. citizens of the city of New York, praying for a reduction of the special ?tfr. PAL~IER. I present also a petition of 2,500 women of Detroit, ta.xes and repeal of "the obnoxious, prohibitory, and monopolistic feat­ Mich., praying for the enactment of statutes providing for the adequate ures ''of the oleomargarine act; which was referred to the Committee on punishment of crimes against women and girls, and I ask that it be re­ Agriculture and Forestry. ferred to the Commi~e on the Judiciarv. He also presented a petition of William W. Wright, a petition of I will state that the names signed to the petition include a large num­ Francis Keirns, and a petition of William J. Carlisle, praying for the en­ ber of the most respectable women in Michigan, women known in all adrnent of a law extending the time for filing claims for pension arrears; good works, and I hope that the petition will not receive the treatment which were referred to the Committee on Pensions. that many petitions do. I hope it will be acted upon. Mr. VEST presented the petition of Woodward, Faxson & Co., The PRESIDENT pro tempot·e. The petition will be referred to the wholesale druggists of Kansas City, Mo., .praying for a reduction of in­ Committee on the Judiciary. ternal taxes; which was referred to the Committee on Finance. Mr. HAWLEY presented the petition of Hugh H. Osgood, of Nor­ Mr. SEWELL presented a petition of the Burlington County Agri­ wich, Conn., praying for the repeal of internal taxes; which was referred cultural Society, of New Jersey, prayingforthepassageoftheagricult­ to the Committee on Finance. ural experiment-station bill; which was ordered to lie on the table. Mr. BECK. Mr. President, I present a petition of leading officials of He also presented resolutions adopted by the Vessel-Owners and Jefferson County, Kentucky, and 135 merchants, bankers, and citizens Captains' Association, favoring the passage of the bill abolishing com­ of Louisvilltt, praying for the reduction of the special taxes on oleo­ pulsory pilotage; which were referred to the Committee on Commerce. margarine, and asking that the same may be equalized so that wholesale Mr. COCKRELL presented the petition of H. A. Crawford, J. M. dealers in oleomargarine shall not pay $480 a year while wholesale to- Thompson, George A. Baker, and other citizens of Saint Louis, Mo., 872 CONGRESSIONAL RECORD-SENATE, JANUARY 21, praying for the repeal of internal-revenue taxes; which was referred to tected, and permitted, not by quiet acquiescence of the Distric'li commissioners, which your petitioners suggest would be t~rrible enough, but by the aggressiv~ the Committee on Finance. authority and protection of said commissioners, a. case is presented shocking in Mr. PLUMB presented a petition of citizens of Marion, Kans., pray­ the extreme; and when it is further added that all the hcenses are granted by ing for the passage of the bill (H. R. 1096) for the amendment of the the commissioners, aud many of them in direct violation of law, as we believe, and against reports and protests of the police, and of the residents, a case is present pension laws; which was referred to the Committee on Pen­ presented, as it seems to your petitioners, demanding, in the interests of hu­ sions. manity and common decency, a most thorough and careful investigation. CO:ll:\llTTEE ON PRIVILEGES A~D ELECTIOXS. And when it is further considered that large numbers of the houses of pros­ titution, and known to the commissioners to be such, have during the past year Ur. HOAR. I move that the Chair be authorized to fill the vacancy been permitted to deposit $100 with the District commissioners, or with the on the Committee on Privileges and Elections occasioned by the death proper officer by their direction, and then permitted to sell all kinds of liquor without ever obtaining licenses, because it was claimed to be essential to the of Senator LOGAN. - successful prosecution of their most nefarious and degrading business, this adds The PRESIDENT p ro tempore. The Senator from Massachusetts but another link to the chain of evils of which this community may justly com­ moves that the Chair be authorized to fill the YaC:l.IJ.cy on the Commit- ­ plain. Recently a member of the police force was directed to gather up the outstanding receipts for the above mentioned deposits, and the commissioners, tee on Privile2:es and Elections. in direct violation of law, as your petitioners believe, have granted liquor li· The motion~was agreed to; and the President pro tempore appointed censes to many of said houses of prostitution and vice. Jt'Ir. SPOO~ER to :fill the vacancy. But your petitioners, to be more explicit in their charges of direct violation of law, respectfully submit: DISTRICT LIQl:OR LICESSES. First. That fi>e restaurants or liquor saloons have been licensed on B street, between First and Second streets, southeast, without a majority of either the Mr. COLQUITT. Mr. President, I hold in my hand a petition to bonafide residents or owners of property, as required by law, and in direct vio­ lation of the act of August 23, 1871, section 10, and notwithstanding the ad verse this body signed by the officers and the executive committee of the report of both the lieuten&nt and major of police. Said licenses were grant-ed to Women's Christian Temperance Union, representing hundreds of the James Foy, No. 105; George Paine, No. 135; Sarah J. Schaefer, No. 139; E. V. Christian women of this District. · Rice, No. 145, and Eugene M. Chilina,No.147 Bstreet southeast., au on the same block, and the same offense and violation of law has been committed in other I assume no responsibility for the startling facts embraced in this cases, concerning which your petitioners will furnish evidence whenever your petition, while I do answer for the pure motives and the high character honorable body may desire it. of those who lay it before this body. • Second. By the same act, sections 3 and 15, it is provided that these drinking· houses shall not be open on Sundays, or after 12 o'clock midnight, or before • The petition is bold and aggressive. It challenges the investigation o'clock a. m. This law is violated in numerous cases every Sunday, and the of the facts, and for this very reason it has a claim upon our atten­ persons so violating it and their places of business are known, yet the licenses tion. It is a plea by mothers and wives who honor this city by all of these known offenders have not been revoked. Third. The act of October 10, 1886, section 6, provides that before issuing a li­ benevolent acts and by the most exalted virtues. It is an appeal by cense, the commissioners shall be fully satisfied of the good moral character of dependent womanhood to this body of ''grave and reverend seigniors '' the person applying, yet they have issued liquor licenses to bawdy houses, known for protection against such an excess of vice and lawlessness in this to the commissioners to be such, and so reported to them by the police, among which will be found the following notorious houses of prostitution located a.s capital of our Union as should not only alarm but humiliate us. follows: Numbers 313 Thirteen-and-a-half street northwest 309 Thirteen-and-a­ 'Ve can never disregard the voice of woman when it is uttered in be­ half street northwest, corner Fifteenth and D streets northwest, 1313 D street half of social purity and of public virtue. This petition brings such northwest, and your petitioners respectfully submit that they will supply the names of these and many others whenever your honorable body or a committee an impeachment against this city and this District as to lead one to be­ desire. lieve we are but little better, in a condition of immorality, than that Fourth. The same laws provide that but one bar shall be allowed under one state which denotes the lowest of existence. and the same license. Yet this has been repeatedly violated with the full knowl· edge of the commissioners, who, being fully advised of the fact by the pollee, It has caused these petitioners no little struggle to venture before this have failed to revoke the licenses in such cases, or to do any other thing to pre­ body. They know how hard is the lot of the reformer; they know how vent or punish such violations of this provision of the law, conspicuous cases of they expose themselves to the flings of the heartless and the supercil­ which are the race-course, Scheutzen Park, and George Holmes's saloon, where two or more bars in each place are conducted under one license. ious. The well-meaning and the benevolent they well know are often Fifth. By the police and commissioners' regulations it is provided that no Ji. put on the defensive when their only effort is to snatch others from censes shall be issued for the sale of liquors within 400feet of any public school. ttestruction. But this provision ha.s been violated in the case of the High School, on 0 street, the Wallach, Peabody, and other schools, a specific reference to each of which We have ample power in this District; our responsibility is well will be furni5hed whenever desired. known, and how we use it or how we refllse to use it will attest our Sixth. Your petitioners further charge that the commissioners have violated fidelity to the tmst committed to us. If the facts, the dreadful facts, the license law in granting licenses to men charged with crime, and dating said licenses back so as to defeat and prevent conviction under the law; a conspicu· which are brought to light by this petition shall be proved to be well ous case of which was that of Jerry Keef, corner of Third and Q streets north· founded, I can not see why we should not intervene to redress these west, who was arrested for selling liquor without a license, whereupon the com­ grievances. I can not see how we can excuse ourselves· to our own missioners gave him a license dated back to cover the period of his offense, and that, too, without requiring the consent of a. majority of the residents and prop­ consciences, to the people of this country, or to the world, if we evade erty owners, as required by law. Many other cases exist that will be furmshed our dutv. whenever desired. I ask wthat the petition be read in the hearing of this body, and let it Seventh. Your petitioners further charge that house and premises No. 1422 Pennsylvania avenue is owned by one of the District commissioners, and is go, as a matter of course, upon the record. The petition is supplemented rented to one W. W. Gould and used by and for the gambling schemes of the by a resolution of a preachers' meeting in this city, representing twenty Louisiana State Lottery, M. A. Dauphin, agent; that the use of the said build· pastors of churches here, and I ask that that may also be read. ing for said gambling purposes is well know to said commissioner and is per· mitted by him. The PRESIDENT pro tempore. The Senator from Georgia asks the Eighth. Your petitioners further submit that the District commissioners, be· unanimous consent of the Senate that the petition referred to by him fore entering upon the discharge of their duties as such, are required to give be read. If there be no objection it· will be read at length. bond in the sum of $50,000, and your petitioners charge that Frank Hume, the president of the Liquor Dealers' Association of the District, is the bondsman of Mr. RIDDLEBERGER. I ask the Senator to allow me to let the one of said commissioners, and there is reason to believe largely controls the petition which I hold in my hand, coming from a number of citizens granting of liquor licenses. of Virginia, accompany his, as it touches the same subject-matter in Wherefore, your petitioners most respectfully pray that the United States Senate direct a. thorough investigation of the facts charged herein, regarding the District of Columbia. The petition I present need not be read, but the administration of the District government, and provide for the proper en­ the Senator's name is mentioned in it, and the bill is mentioned in it. forcement of law and the protection of the homes of the District. Just let this accompany his petition, and read only the one he has sent And your petitioners will ever pray. MRs. SARAH D. LA FETRA, to the desk. President. The PRESIDENT pro tempore. The Chair will receive the petition Miss LIZZIE C. KESSLER, if there be no objection. The petition presented by the Senator from Corresponding Secretary. Georgia [Mr. CoLQUITT] will be read. 1\IETHODIST PREACHERS' MEETING, FOUNDRY CHURCH, The Chief Clerk read as follows: January 17,1887. W ASH I X GTO::;, D. C., Janua1·y, 1887. Inasmuch as we have heard from a committee of the Women's Christian To the Senate of the Ul~ ited States: Temperance Union an explanation of the statement of charges against the ad­ ministration of the District government, and their petition to the Senate of the The Women's Christian Temperance Union, of the District of Columbia., re· United Stat.es for an investigation of these charges: spectfully represent to your honorable body that their said organization, com­ Resolved, That we agree with. the !J.l.dies of the Women's Christian Temper· posing a large membership of Christian women, feel constrained, in the interest ance Union in this petition for a thorough investigation. of their homes and the best interests of all the p eople of this District, tore­ W?.I. H. OHAPl\IAN, President. spectfully and sorrowfully submit the following facts: That the board of commissioners of the District of Columbia, disregarding The PRESIDENTp1·otempore. The petition and accompanying paper the purity, the safety, and the moral interests and rights of the people, and in direct violation of law, as we believe, are, and have been for months past, per­ will be reterred to the Committee on the District of Columbia. The mitting and protecting gambling halls, pool rooms, and drinking establish­ petition presented by the Senator from Virginia [Ur. RIDDLEBERGER], ments, as well as dens of prostitution, immorality, and vice, in carrying on their of citizens of Virginia, in favor of conferring upon citizens of the Dis­ vicious and p ernicious business in all sections of the city. Your petitioners re-­ spectfully represent that in their free and unlimited distribution of grog-shop, trict the right to determine by ballot the question of granting liquor saloon, and liquor licenses they have increased the number of said places to an licenses, will also be referred to the Committee on the District of Co· unprecedented extent, being more than one hundred in excess of any other lumbia. period in the history of the District, and h ave foisted upon the people a. liquor establislunent to about every one hundred and forty persons, and if there be Mr. HAWLEY. The statement in the petition whic.h has been pre­ added to this alarming list the great number of known bawdy houses, pool sented by the Senator from Georgia is a tremendous in~ictment. It rooms, gambling houses, and other dens of vice, there is an array of facts ap­ is a shocking revelation. I submit to him whether there ought not to palling to coctemplate; and when to this is added the further charge, resting upon facts within the knowledge of your petitioners, that many of these dens of be instructions to the District Committee or to SOll\e special committee wretchedness and vice ha>e liquor licenses. • and all of them are known, pro- to make an immediate and severe investigation. ·-- ---~

1887. I, CONGRESSIONAL RECORD-SENATE. 873

Mr. COLQUITT. I did not feel that it was incumbent upon me to to say now that · t was my intention to determine the sense of the make any suggestions to the committee. I had no doubt that they Senate upon the question whether in legislating for the District of would be in full sympathy with any movement with a. view to sup­ Columbia we would adopt the-high license system or the system of press these heinous offenses, and that they themselves would suggest prohibition. measures for their suppression. It is with confidence, therefore, that I believe in prohibition. I know with what difficulty-prohibitory I commit the petition to the Committee on the District of Columbia.. laws are enforced, but this is the capital of the nation. The power of 1\Ir. INGALLS. 1\'lr. President, the allegations that are presented legislation for the District of Columbia in all matters is committed to in the petition which has been read touching the condition of affairs Congress, and if anywhere in the United States prohibition can be en­ in this District concerning the sale of distilled and fermented liquors, forced it is here, where the whole power of Government can be invoked concern a question that has long engaged the attention of the Commit­ in aid of the enforcement of such a law. tee on the District of Columbia. I think it is here that the honest, vigorous, thorough attempt to pre­ There is no doubt that there ~s a very great violation not only of law vent the sale of'intoxicating liquors should be made. If, with all the but of moral and social order in connection with the transactions to power of the Government back of such a law, it should fail, that would which the petition refers. In my judgment licenses have been granted seem to be a determination of the question whether prohibitory legis­ in violation of the statutory provision of Congress upon the subject. lation can be enforced. If it should succeed, it would seem to demon­ But in order that the Senate and the country may understand that strate the fact that, with proper authority and with proper effort, the the District Committee has neither been oblivious nor neglectful of observance of prohibitory laws ca.n be enforced, and the sale ofintoxi­ these matters, I feel it to be my duty now to call the attention of this cating liquors, which does more than any other one thing to harm and body to the fact that on the 4th day of February, 1886, I introduced a. hinder and retard the prosperity and growth of this country, can be bill regulating the sale of distilled and fermented liquors in the Dis­ suppressed. trict of Columbia, which was referred to the committee of which I am REPORTS OF CO.llMITTE.ES. chairman. On the 19th of that month the bill was reported by me Mr. BOWEN, from the Committee on Indian Affa-irs, to whom the with an amendment, and subsequently, during the last session of Con­ subject was referred, reported a bill (S. 3184) granting the Utah Mid­ gress, was passed by the Senate; and if the other branch of Congress land Railway Company the rightofwaythrough the Uncompahgre and had been as diligent as the Senate has been, one great cause of com­ Uintah reservations, in the Territory of Utah, and for other purposes; plaint which has been set forth in the petition that has been read would which was read twice by its title. have been removed. He also, from the same committee, to whom was referred the bill (S. In order that the Senate and the country may understand exactly 3094) granting the Utah Midland Railway Company the right of way what has been done by this body for the purpose of correcting those evils through the Uncompahgre and Uintah reservations, in the Territory of whose existence we all admit and all deplore, I ask that the Chief Clerk Utah, and for other purposes, moved its indefinite postponement; which may read again the bill that passed this body, and which is now pend­ was agreed to. ing before the District Committee of the House of Representatives. Ur. CULLOM:, from the Committee on Territories, to whom was re­ The PRESIDENT pro tempore. If there be no objection the bill re­ ferred the bill (H. R. 2812) to approve an act of the thirteenth Legis­ ferred to will be read. lative Assembly of Arizona, entitled "An act to establish, maintain, The Chief Clerk read as follows~ and provide for the government of an insane asylum," approved March A. bill (S. 1380) regulating the sale of distilled and fermented liquors in the 9, 1885, reported adversely thereon, and the bill was postponed indefi­ District of Columbia. nitely. Be it enacted, &:c., That from and after the pasSage of this aet, all persons who shall obtain from the assessor of the District of Columbia. licenses as dealers in Mr. SPOONER, from the Committee on the District of Columbia, to distilled and fermented liquors, wines, and cordials in said District, under ex­ whom was referred the bill (H. R. 8893) directing the commissioners of isting laws, shall pay annually for such license the sum of $300: Provided, That such license shall not authorize any person to sell such liquors, wines, or cor­ the District of Columbia to execute a deed of quitclaim and release to a dials in less quantity than one pint, nor to be drunk upon the premises where certain alley in Washington to Cornelia P. Randolph and others, re­ sold. ported it without amendment. SEc. 2. That proprietors of bar-rooms who shall obtain licenses in the said District shall pay $'>00 annually for such license. Every place where distilled, WILLLDI ERVIN. malt, or fermented liquors, wines, or cordials are sold to be drunk on the prem­ ises, or in quantities less than one pint, shall be regarded as a. bar-room; and the Mr. SPOONER. I am instructed by the Committee on Claims, to possession of malt, distilled, fermented, or any intoxicating liquors, with the whom was referred the amendment of the Honse of Representatives to means and appliances for carrying on the business of disposing of the same to the bill (S. 542) for the relief of William Ervin, to report it back, be drunk where sold, shall constitute the premises a bar-room within the mean­ ing of th.is act. And it shall be the duty of the proprietor of every such place to with a recommendation that the Senate do not concur in the amend­ deposit with· the collector the amount of his license-fee with his application for ment made to the bill by the Honse of Representatives. I move that license, and also present to the commissioners the written permission of a ma­ the Senate non-concur in the amendment. jority of the persons owning real estate and a. majority of the residents keeping house on the side of the square where it is desired to locate such business, and The motion was agreed to. on the side of the square fronting opposite to the same; and such license shall not Mr. SPOONER. I now move that the Senate insist on its disagree­ be issued until approved by the commissioners. And no liquors shall be sold ex­ ment to the amendment of the House of Representatives, and ask for cept in compliance with the provisions of this act, nor to minors, nor intoxicated persons nor habitual drunkards, nor on Sunday; and every bar or other place a conference on the disagreeing votes of the two Houses thereon. where hquors1 are usually sold shall be kept closed on Sunday during the day The motion was agreed to. and night, and all such places shall be kept closed each and every day between By unanimous consent the President pro tempore was authorized to 12 o'clock midnight and 4 o'clock in the morning. SEC. 3. That auy person engaged in the business specified in this aet without appoint the conferees on the part of the Senate, and Mr. SPOONER, Mr. first having obtained a. licen e under its provisions shall be liable to a. fine of DOLPH, and Mr. JONES, of Arkansas, were appointed. not more than ~. in addition to the amount of license required. SEc. 4. That· any person having obtained a. license under the provisions of BILLS INTRODUCED. this aet who shall violate any of such provisions shall be liable for any such vio­ Mr. RIDDLEBERGER (by request) introduced a bill (S. 3185) ro lation t-o a fine not exceeding 5200, and in addition thereto his license may be revoked by the commissioners in their discretion; and all fines and penalties abolish the useless and extravagant Misssissippi River Commission; incurred under this act shall be collected upon information duly filed in the po­ which was read twice by its title, and referred io the Committee on lice court in the manner prescribed for similar offenses, and shall be applied the Improvement of the Mississippi River. . to the use of the Dis~rict. He also (by request) introduced a. bill (S. 3186) to restore naviga- ­ Mr. PLATT. That bill is in the nature of what is known as a high tion to the harbor of Vicksburg, Miss., at private expense unless suc­ license law. It has many provisions-- cessful; which was read twice by its title, and referred tothe Commit­ The PRESIDENT pro tempo're. The Chair reminds the Senator from tee on Commerce. ConLecticut that there is nothing before the Senate. The discussion He also (by request) introduced a bill (S. 3187) for the relief of goes on by general consent. Henry C. De Ahna; which was read twice by its title, and, with the Mr. PLATT. Yet the Senator from Kansas was permitted to address accompanying papers, referred to the Committee on Claims. the Senate, and I desire to make a single observation. Mr. GEORGE introduced a bill (S. 3188) to authorize the Georgia Mr. INGALLS. lam sure there can be no objection, in view of what Pacific Railway Company of Alabama and Mississippi to construct has been said, that the Senator from Connecticut should be heard. bridges across the Sunflower, Yazoo, and Tombigbee Rivers, in the The PRESIDENT pro tempore. The Chair hears no objection. State of Mississippi; which was read twice by its title, and referred to Mr. PLATT. I wish to make a single observation in reference to the Committee on Commerce. the passage of the bill in the Senate. Mr. INGALLS introduced a bill (S. 3189) granting a pension to Mary It is, as I have said, a high license law. It contains many valuable E. Brown; which was read twice by its title, and referred to the Com­ provisions and restrictions, and in that respect it is infinitely better mittee on Pensions. than the present law and the practices which have prevailed in the Mr. CULLOM introduced a bill (S. 3190) granting a pension to Rob­ District of Columbia with regard to the licensing of the sale of intoxi­ ert H. Sturgess; which was read twice by its title, and, with the ac­ cating liquors. companying papers, referred to the Committee on Pensions. I had intended when that bill was pending in the Senate to have Mr. DOLPH introduced a bill (S. 3191) to amend an act entitled asked a vote of the Senate upon an amendmentwhich I have prepared "An act to amend the statutes in relation to immediate transportation and which I desire to submit in the nature of a prohibitory law for the of dutiable goods, and for other purposes," approv~d June 10, 1880; District of Columbia; but, at the time when the bill was· considered which was read twice by its title, and referred to the Committee on and passed, I was unavoidably absent on aecountof my health. I desire Commerce. ..

874 CONGRESSIONAL RECORD--SENATE. JANUARY 21~

.AlUENDl\fENTS TO BILLS. eign Relations that to-morrow, immediately after the completion of the Mr. MITCHELL, of Oregon, submitted an amendment intended to strict morning business, or as soon thereafter as I can get the floor, I be proposed by him to the consular and diplomatic appropriation bill, shall ask the Senate to consider the bill respecting the protection of and an amendment intended to be proposed by him to the river and American fishermen that was reported from the Committee on Foreign harbor bill; which were referred to the Committee on Commerce, and Relations a day or two since. ordered to be printed. · M:r. INGALLS. Does the Senator mean to-morrow or 1\Ionday? FISHERIES REPORT. 1\Ir. EDMUNDS. I mean to-morrow. Mr. FRYE submitted the following concurrent resolution; which was FLORIDA L~ FORFEITURE. referred to the Committee on Printing: · Mr. CA.LL. I now ask the Senate to proceed to the consideration of Resolt~ed by f;he Senate (the House of Representatives eoncm•ring), That there be the resolution submitted by me. . . printed for the use of the two Houses of Congress 6,000 additional copies of the The PRESIDENT pro tempore. The question before the Senate is report of the Senate Committee on Foreign Relations, touching our fisheries, numbered 1683; on~third thereof for the use of the Senate and two-thirds for the joint resolution (S. R. 98) relative to the forfeiture of certain lands the use of the House. granted to the State of Florida to aid in the construction of a line of WARM SPRINGS INDIAN RESERVATION, OREGON. road from Fernandina to Tampa Day, Florida, which was introduced by the Senator from Florida. Mr. MITCHELL, of Oregon, submitted the following resolution; Mr. CALL. The resolution which I desire the Senate to take action which was considered ·by unanimous consent, and agreed to: upon is a resolution instructin~ the Attorney-General of the United Resolved, That the Secreb\ry of the Interior be, a:nd he is hereby, directed to States to bring such proceedings as may be proper, by injunction or advise the Senate at his earliest pradicable convenience whether four town­ ships, or any other quantity, of the public lands in Wasco County, State of Ore­ otherwise, to prevent the sale of lands. under the grant of May 17, gon, has within the past year been withdrawn from settlement and attached to 1856, to the State of Florida. · the Warm Springs Indian reservation; and if so, upon what authority and for what purpose has this been done. _ In my former address to the Senate, of which this is the continuation, I established very clearly from the journals of the Legislature of Florida CORRESPONDE:SCE WITH MEXICO. of 1858 that the State of Florida refused to give any rights or interest Mr. BROWN submitted the following resolution; which was con­ in this grant to the railroad company which is now claiming the right to sidered by unanimous consent, and agreed to: sell and dispose of it; that is, the Florida Navigation and Railway Com­ Resolved, That the President of the UnitedSt-ates is hereby requested, if not, pany and its assignors. The journal shows that the vote sustaining the in his opinion, incompatible with the public interest, to communicate, at his report of the attorney-general declaring that the Florida Railroad earliest convenience, copies of all correspondence between the Government of the United Sta.te8 of America and the Government of Mexico in reference to the Company had no right to the land was a unanimous one in the house, seizure and snle-by the Mexican authorities of the American schooner Rebecca, with the exception of one vote to the contrary. in the port of Tampico, or other port in Mexico ; and that he also communicate Here is the law which was passed at that time incorporating another to the Senate all correspondence between the Secretary of State and Hon. Henry R. Jackson, la.te minister to Mexico, in reference to the resignation of Minister company with which this hasnoprivity and no connection, and giving Jackson, together with all correspondence addressed by :Minister Jackson to the to that Qther company the 1:5ene.fits of the internal-improvement act of President on the subject of his resignation. Florida of 1855 and 1856. So there is no question that here is a grant MESSAGE FROM THE HOUSE. stated by the General Land Office to amount to more than 1,000,000 A message from the House of Representatives, by Mr. CLARK, its acres of land, reserved from entry ruid settlement in favor of this com­ Clerk, announced that theHousehad passed the bill (S.1813) to amend pany, and of which sales have been made and are being made dispos­ the law relating to patents, trade-marks, and copyright. sessing citizens of the United States who have by law a right to enter The message also announced that the House had concurred in the and homestead these lands, and who ina great many cases have settled report of the committee of conference on the disagreeing votes of the upon and improved them. They are in many instances poor and their two Houses on the bill (S. 229) to provide for the erection of a public families are entirely dependent on their labor and on the little tracts building at Wilmington, N. C. of land which they have improved. The question is, what will the The message further announced that the House had concurred in the Senate do to protect their clear and unquestionable right and title as report of the-committee of conference on the disagreeing votes of the against a corporation without right of title? _ Here is a reservation of 1,000,000 acres and more, according to the two Houses on the ~ill (S. 1532) to regulate commerce. statement of the amount of this grant by the General Land Office, the MISSOURI BIV.ER COJUMISSION REPORT. residue of which amounts to over a. million acres by estimation, dis­ 1\Ir. MANDERSON. I am directed by the Committee on Printing, posed of against the laws of the State declaring that this company was to whom was referred a resolution to print 200 extra copies of the Ap­ not the beneficiary, and without any legislation whatever on the part pendix A B to the report of the Missouri Rh·er Commission, House of the State in their favor giving to this railroad company any right or Executive Document No. 28, Forty-ninth Congress, second session, for interest in these lands. the use of the commission, to report it with a substitute, for which I That is a remarkable fact, that without any legislation whatever on the ask present consideration. part of the State by its Legisbture, any person, either a corporate body By unanimous consent the Senate proceeded to consider the follow­ or a private citizen, should have appeared in the General Land Office and ing resolution, submitted on the 13th instant: stated that he or it has located a line of road and obtained a reservation of Resolved, That 200 extra copies of the Appendix A B to the report of the Mis­ the lands of the United States, which bylaw have been dedicated to the souri River Commission, House Executive Document No. 28, Forty-ninth Con­ settlement and occupation and ownership of the people who may culti.. gress, second session, be printed for the use of the commission. vate them. That is the case I am presenting to the Senate. I think it The amendment reported by the Committee on Printing was to strike is one which is sufficient to attract the attention of Senators. I think out all after the word "resolved," and insert: their sworn duty requires them to give some consideration to snch a That 200 additional copies of the report of the Missouri River Commission, large disposition of the public lands without any authority wha.tjever. with the appendices A and B, House Executive Document No. 28, Forty-ninth I have made out a case in which there is no doubt. I have exhibited to Congress, second session, be printed for the use of the commission. you the journal of the Legislature of Florida, denying to this railroad The amendment was agreed to. company-the Florida R.a.ilroad Company, which is the Atlantic, West The resolution as amended was agreed to. India and Gulf Transit Company by change of name, and is now the REPORT OF ACADEMY OF SCIEXCES. Florida Railway and Navigation Company, that company having con­ Mr. HAWLEY. I report from the Committee on Printing the joint solidated the lines of several companies of which the Florida Railroad resolution (S. R. 94) ordering the printing of the annual report of the Company was one-anyrighttothisgrant. I have read to you, and have National Academy of Sciences, with the accompanying memoirs. This it here, the journal published by authority of the Legislature of Florida, is the usual annual joint resolution, and I ask that it be considered of 1858, containing the message of the governor, stating the fact that immediately. the time had expired when that company could have the benefit of this An appropriation act last year made a new requirement that the cost grant; stating the fact that another company had been organized., rec­ should be reported also, and also the previous appropriations under the ommending to the ~oislature to allow to this other company the bene­ same head. The formal report is with the papers. These volumes of fit of this grant, the bill introduced into the Legislature and its reference the repor~ of the National Academy of Sciences will cost about $8,000. to the attorney-general for his opinion whether the Florida Railroad The previous appropriations amount to $133,000. Company have any right to the benefits of the internal-improvement The PRESIDENT pro tempore. The Senator from Connecticut asks act on this part of the line, the final passage of the bill by a unanimous unanimous consent to proceed to the consideration of the joint resolu­ vote, and I have it here in my hand in the public acts of the State. tion at this time. That is very conclusive proof on that subject. This is the act: By unanimous consent the Senate, as in Committee of t.he Whole, An act to incorporate a compa ny to construct a railrond from a p oint on the Florida Railroad, in East Florida, to Tampa Bay, under the style of the Florida. proceeded to consider the joint resolution. Peninsular Railroad Company. The joint resolution was reported to the Senate without amendment, ordered to be engrossed for a third reading, read the third time, and Here are all the acts and all the laws continuous in time for your ex­ passed. amination, so that there can be no pretense of a claim that the State has ever conferred any right under this grant to this railroad company, FISHING RIGHTS OF THE UNITED STATES. or its predecessor, or any other existing corporation. If this is denied, M:r. EDMUNDS. I give notice on behalfofthe Committee on For- here are the laws to disprove such denial. 1887. CONGRESSIONAL RECORD-SENATE. 875

The Florida Railroad Company was a different company. This is ent Florida Railway and Na.vigation Company, which is the successor, the Florida Peninsular P~ilroad Company. The Florida Railroad Com­ having consolidated the line with that of the Atlantic, Gulf and West pany was incorporated in 1854, 1855, and 1856 by original act and India Tra.nsit Company and of the Florida Railroad, has a ~ight to amendments. In 1858 this new company and this controversy arose in this grant under that provision of the act. the house in the Legislature of 1858, whether or not they had a right I propose to show that the Florida Railroad Company, as I have to this grant as a part of the benefits of the internal-improvement act. ah'eady show-n by the action of the Legislature of 1858, was not one In this a.ct, in its fifth section, it is said: of those companies. That act provides what companies under that That the trustees of the internal-improvement fund shall, immediately upon act are entitled to -the benefits of it; but it also says that they shall receiving notice from the company- accept the benefits of the act within six months; and when the ques­ That is, the Florida Peninsular Railroad Company- tion eame up in the Legislature of 1858, upon the message of the gov­ ernor, 1\I. S. Perry, which stated that they had not accepted the benefits of their acceptance of the provisions of the act entitled "An act to provide for and encourage a. liberal system of internal-improvement"- of the act, that they had not complied with its provisions two years after it had passed, and that the time had expired, the Legislature, have the benefit of this grant. That was the only law which gave any unanimously almost, acting upon the opinion of the attorney-general, rjght to this company. The company expired. The act limits it as to incorporated another company, and gave them exclusively the benefits the time in which it should perform the obligation of building a rail­ of the act; but nothing is said about that in this application of the road, and it expired without their doing it. The company that had the Florida Railroad. Company and its successors to Secretary Schurz and his benefit of that act, therefore, never had any real and permanent exist­ successors. Nothing could be said about it, for it certainly disproved ence and never located their road, ne¥er completed their road, and are their statement that a map of location under authority of law had. to-day a defunct and unknown corporation. been filed in the office of the Secretary of Interior in 1860, because :Mr. President, in 1856 this grant was made upon condition that 3r such a map or location of their line under the internal-improvement railroad should be built in ten years. In 1866 it expired, and the road act was forbidden by the act of the Legislature of 1858, granting the was not built. It was not even located under the internal-improve­ exclusive benefits of the internal-improvement act to the Florida Pen­ ment act; it was not commenced. In 1868 the Legislature of the State insular Railroad Company. of Florida passed a resolution by which it will be seen that they did They were required by the internal-improvement act to accept in not even claim. the · gmnt of 1856. I call attention to this resolution writing filed in the office of the secretary of state within six months. to show in what manner our public domain has been attempted to be They were required to grade 20 miles of their road within two years, disposed of in this case by the General Land Office. This is a resolu­ and the governor of the State, as I have read from his message, form­ tion of the Legislature of 1868-' 69. ally announced to the Legislature that they had done neither; that Whereas by reason of the conflict of arms which prevailed in this State be­ under their original charter they had a right to build the road, but not tween the years of 1861 and 1865 it became impracticable to proceed wi$ the construction of the roads comprehended in the system of internal improvement to have the benefit of the internal-improvement act; that they were . adopted by this State, wh~reby the grant of lands made by the Un.ited States in not one of the companies recognized under that act for the line from aid thereor, so far as applicable to the unconstructed portwn of sa1d system, ex­ Waldo to Tampa, and the Legislature so decided, and chartered another pired by the operation of the limitation contained in the fourth section of the act of Congress making said grant; and company to build that line of road, and gave that other company the Whereas t.his State is now desirous of promoting the completion of the said benefits of this grant and of all the other grants of the internal-im­ systeil1. or so much of the unfinished part as leads from Amelia. Island to Tampa provement fund. Ea.y: Therefore, Be u t·esolved, That our Senators and Representatives in Congress be requested It is perhaps well for_us to know a little about what this internal­ to urge the early passage of an act reviving- the grant contained in the act of improvement act and internal-improvement fund of Florida was, and Congress entitled "An act granting public lands in alternate sections to the what was meant by it. The act expired long ago.. Twelve years before States of Florida and Alabama, to aid in the construction of certain railroad~ in said States,'' approved May 17, 1856, and that the operatio:t ?f said act be e?<-­ this reservation was made the act had become obsolete in all its essen­ tended to a term of-years from the passage of an act rev1vmg the aforesaid tial parts ; all · ts benefits had been disposed of, .and the land which_ - grant· but nothing herein contained shall be construed as a request to grant any it contained, for it was a land fund, had been decreed to be sold by the lands' to companies heretofore chartered by any State of the Unjon or by any act of Congress. United States court to pay the debts of _this very Florida Railroad Company that is seeking now to obtain this grant-debts which have That was tbe declaration of the Legjslature of 1868 acknowledging never been repaid to the State. that this grant had expired by the terms of the act and the failure to Even the school fund, and all the funds of the State connected with perform any of the conditions Contained in it as to this line of road that road, were lost in that transaction, and yet they have reappeared from Waldo to Tampa, and asking Congress to revive it upon the con­ in the Interior Department after a lapse of over twenty years to claim dition that this company and other companies standing in the like that they were for this part of the line entitled to this grant from position, chartered before 1860, should not have the benefit of it. What which they were expressly excluded-to claim seven hundred thousand do you think of that? acres of the land of the United States on whi~h hundreds of people Mr. Pr~ident, here is, first, an entire absence of all authority; and, have made their homes. in the second place, an express declaration by the Legislature of the The internal-improvement act of Florida conveys all the swamp and State in 1868, nearly twelve years before this reservation was made in overflowed lands of the State, which are estimated to amount to some­ the General Land Office, that this company now claiming it should not thing like 20,000,000 a.cr~. Out of 33,000,000 acres of area of the have the benefit of it, and asking its revival on that condition. We State of Florida, 20,000,000 are estimated to be swamp and overflowed, are that far from having any legislative authority from the State to according to the practical selection and application of the swamp land this company for any interest in this grant. act, although in fact much thegreaterpartis high and dry. The State But let us look a little, and see how it is that such an extraordinary conveyed the whole of these lands and also all other gra.nm of land transaction could ha.ve occurred. The internal-improvement act of made by the Federal Government for internal improvements to the State Florida, it is claimed, in its twenty-first section, authorized the Flor­ of Florida to certain trustees, the officers of the State government be­ ida Railroad Companytoreceivethe benefit of this grant. That is the ing e:c officio the trustees of the fund. The trustees were to sell the ground upon which t.he application is made, and which is assumed in­ lands and apply the proceeds of the sale to the payment of interest on the opinion of the different Secretaries, not having investigated the the bonds guaranteed on certain lines of railroad. proposition, OI' claiming to have done so, but assuming that it wa~ so. I will proceed with my remarks though there are few Senators here. In the application of the railroad company they say: I think when we are here to perform public duties Senators ought to By the twenty-first section of the Florida. internal-improvement oot it was perform them, and give their attention to thepublic·business. Weare provided "that, should the·United States Government grant lands to the St-ate now examining a question of the disposition of a million acres of the of Florida. for the purpose of aiding in the construction of the lines of railroad in­ dicated (the line from Amelia Island to Tampa being one), said lines of railroad area of the public domain of the United States in the State of Florida, shall be entitled to all the benefits and advantages arising from said grant that and I am showing conclusively that it is the property of the United the State of Florida would be entitled to by the construction of said lines of States, that it has never been disposed of, but that a reservation has railway," and proceeded to require and authorize the governor, should such an act be passed by the United States Government, "to direct said railroad com­ been made at the General Land Office, and that large quantities of it prmies to select said land. and to take such other action as may be necessary to have been allowed to be sold by private individuals upon an assumed fully secure the grant of lands to said railroad companies," subject to all the state of facts which the public records disclose to be utterly untrue. conditions and restrictions of the act of Congress. I have been proving that this claim is nothing more or less than a It will be borne in mind by such Senators as feel any interest in pro­ bold attempt to deprive thousands of citizens of their homes and their tecting the public property of the United States and the citizens of the property given to them by the laws of the United States upon a false United States, and who think it a part of their duty and their func­ statement, which the po blic records of the State conclusively deny and tion here to give attention when a grea.tquestion concerning thousands disprove. I therefore have a right to demand of Senators that they of the people of the country and the Treasury of the United States sha.ll give their attention to this subject and perform the duties of their and its public domain is under consideration-such Senators as con­ office. ceive that to be a part of their public duty, and who will give some The internal-improvement act of Florida, under the twenty-first sec­ considera.tion to this very important question to the peopJe of Florida tion, ofwhich thiscompanyclaimstohavearightiuthisgrantasthe bene­ an,d to the public domain-that they claim under the twenty-first sec-· ficiary bf the State, was an act by which all the public lands in the State tion of the internal-im:pl'Ovement act, which I have read, that the pres- of Florida, given by the United States to the State for internal improve· 876 CONGRESSIONAL RECORD-SENATE.· JANUARY · 21, mentsor as swamp and overflowed lands, were conveyed to certain trus­ that being one of them. So, in order to have this line from Amelia tees who were required to guarantee, by indorsement, interest on the Island to Cedar Key seized and sold by the trustees, the company bonds of certain railroad companies constructing certain specific lines of claimed that it was completed and that they-had no further line to railroad in the State. The trust required t.hem to sell these lands and construct. apply the proceeds of sale to the payment ofinterest upon this guarantee. The Pensacola and Georgia road was also seized and sold, and has TheStateacquiredstockin the railroad companies thus designated when­ never been extended a yard beyond Chattahoochee, and has no priv­ ever they paid this interest. The State became a director in the board ity or connection with the Pensacola and Atlantic Railroad Company. of directors in each of these companies, and other securities were given Therefore, Mr. President, by the action of this very company that is for its protection for this investment by the trustees of the proceeds of now selling this land, by the actiQn of its predecessor, the Florida.Rail­ the sale of these lands. road Company, with whom it is in privity, and through whom it must This grant of 1856 was made subsequent to the passage of this in­ claim, if it claims anything, these roa-ds were sold, the internal-im­ ternal-improvement act, which was in 1855-'56, whereas the grant of provement fund and all its lands were seized by the circuit court for Congress was ma-de on the 17th of May, 1856. The act of the Legis­ the bonds of the companies, and the land which had been conveyed to lature was passed in January,1856, or December,1855, but it contained these trustees was directed to be sold and the proceeds applied on the this provision, that if the United States Government should make a interest of the bonds divested of the trust. So the trust itself has ex­ grant of laud in aid of the construction of these lines of road the com­ pired. There is no trust now. The State has given away the trust panies authorized under the internal-improvement a.ct should havethe lands which constituted this fund, and were subject to this trust in the benefit thereof. The Florida Railroad Company accepted the benefits internal-improvement act specifically, to a half dozen different railroad of this act from Amelia Island to Cedar Keys. We are considering the companies, the acts incorporating which I will put in my remarks, and grant of the land for the railroad from Waldo to Tampa. From Amelia has given the benefits of this land to these other Corporations to build Island to Cedar Keys is a part of the line from Amelia Island to Tampa. other roads in the same direction and to the same terminal points ih The companies were authorized to construct parts of these lines. So, quantities of 10,000 and 15,000 and 23,600 acres, and the companies as I have said, when the controversy originated whether or not it was will receive the lands specifically divested of the trust. . competent .for the Legislature to incorporate another company and give So now, Mr. President, practically there is no act, and never was, to it the benefits of the grant from Waldo to Tampa Bay, it was de­ granting the benefits of this grant to this railroad company or its prede­ cided by the State and by the Legislature that it was competent, that cessor; but, on the contrary, there is an act relinquishing the grant and theFlorida Railroad Company had no right in the line from Waldo to asking Congress to renew it, and there are acts of incorporation of Tampa, and a new company, as I have said, was created. other companies on the same geographical line, acts of the Legislature The act further provided that the companies who had the benefits disposing absolutely of the land which constituted the internal-im­ of that act, who accepted its provisions, should grade 20 miles of road provement fund and which was contained in this internal-improvement within two years after having :fi.l~d their written acceptance within six act which directed that it be sold for the benefit of the difterent bonds months of the passage of the act. I will put these sections of the law of these different companies authorized under the acts of 1868 and in my remarks. . 1869 under charters pre-existing. So, then, there is not a shadow of a They were required :first to accept the benefits of that act withinsix pretense of a right of this company to any interest whatever under months from December, 1855, or January, 1856; they were required the grant of May, 1856. to grade 20 miles within.two years; they were required to complete Then what is there? We have here a certificate of the governor of their line within eight years from the passage of the act or forfeit all the the State, and that, I suppose, is what misled the Secretary of the In­ benefits of the act. It has never been claimed that any of these things terior. We have :first the application of the officials of this road in were done. Hence there was never any location under that grant 1881, under the twenty-first section ofthatact under which, in 1858, made in 1856 ; and in 1868 the Legislature of the State, by a joint reso­ as I have shown, the governor, the attorney-general, and the Legisla­ lution, acknowledged and recognized the fact that the State had no ture all decided that this company had no right, and incorporated an­ claim upon the land, and requested Congress to revive the grant and other company to build the road; yet, in 1881, nearly a third of a cen­ extend it upon the condition that this road and its predecessor and all tury atlerwards, they appear in the General Land Office and actually the other roads in the like case should not have the benefit of it. claim under that twenty-first section. Everybody was dead, or had There was never any legislation of the State at all upon the subject forgotten almost what occurred; and the old records being difficult to of this grant from that day until the time of Mr. Schurz's order over­ obtain, they actually claimed, under the twenty-first ~ection of that riding and reversing the wise and intelligent order of Mr. Chandler act, what the whole action of the State authorities had denied, what refusing to recognize this grant and its location. There was never any they never claimed after that time, and when the State had chartered legislation of the State on the subject until they chartered in 1881 the another company to build the road. In 1882 a letter of the governor Pensacola and Atlantic Railroad,, to be built from Chattahoochie to of Florida was presented to the Secretary of the Interior by the presi­ Pensacola, which is a part of the line; that is, the geographical line dent of the Florida Railroad Company, through a gentleman who is now mentioned in the internal-improvement act. In that act, after giving dead, and therefore I make no mention of him, in these words: that road, not the benefits of the internal-improvement act, but 23,600 EXECUTIVE OFFICE, Tallahassee, Fla., July 11,1881. acres to the mile of the swamp and overflowed lands, they say, we The SECRETARY OF THE INTERIOR, also give whatever right or interest the State may have in the grant of Washington., D. 0.: May 17, 1856-that iS, the Pensacola and Atlantic Company in West SIR: I have the honor to certify that the railroad from Waldo to Ocala, in the State of Florida, being a pa.rtof the line of railroad from Amelia. Island, on the Florida, not this FloridaNavigation and Railway Company from Waldo Atlantic, to the waters of Tampa. Bay, specified in the act of Congress approved to Tampa, but in West Florida, so far as the land lies in West Florida, l\1ay 17, 1856. and entitled "An act granting public lands in alternate sections to a different section of the country-we give them whatever rights or in­ the States of Florida. and .Alabama, to aid lll the construction of certain rail­ roads in said States," has been completed, and is in actual operation, and that terest we may have. The State had never made any claim of interest said railroad from Waldo to Ocala is of a. continuous length of 44.88 miles. under that grant, or of location or anything else in aJ.l the years from I have the honor to be, very respectfully, 1866 to 1881. [sEAL.) W. D. BLOXHAM, Governor of Florkkt. The Pensacola and Georgia Railroad Company was a company fully .Attest: entitled to the benefits of this act and recognized under it. That was JNO. L. CRAWFORD, Sec-retary of Stale. the road from J a.cksonville to Pensacola, in another and different direc­ That letter in relation to a geographical line is correct. It is on tion. This is the road from Amelia Island to Tampa Bay, running that geographical line. It is a part of the line mentioned in the act south. The State of Florida, as we all know, runs along the Atlantic of Congress. All that is so; but the governor does not say, although coast and the coast of the Gulf of Mexico, and commencing at the Saint it would appear to be inferred, that the road is constructed under the John's River one line of road went west, and the other line of road south internal-improvement act of the State of 1858. He does not say that and southwest. . this grant was ever given to it by that twenty-first section, though it So, then, in the first place this State never claimed, even if this be might be inferred that such was the ca.se. It is true the certificate is a claim, this grant till twelve years after its expiration, and then only somewhat ambiguous. It referred to the geographical line. It was gave such rights astheymighthave to land in West Florida, not South. also a part of the line conwmplated by the act of Congress of 1856. The State never took any action on this subject except the passage of It was a part also of the line of the old Florida Peninsular Railroad as a the internal-improvement act, passed b~fore the grant was made by geographical fact, and it is a part of the line of the Tropical Railroad, Congress, in which they provided iu case it should be made that it and it is part of half a dozen others, but in the sense of its being a should be a part of it, and the Pensacola and Atlantic road from Jack­ railroad corporation which the State made the beneficiary of the grant sonville to. Pensacola, having been organized under the internal-im­ of 1856 there is not the least truth in the assertion; -not that I mean provement a.ct, accepted its benefits, and, with other companies, graded to say that the governor of the State intended any misrepresentation, its line and constructed some 170 miles of it from Quincy to Jackson­ but I state the fact as shown by the twenty-first section of the act of ville, on the Saint John's River, and when the war occurred suspended the Legislature of Florida establishing a system of internal improve­ its proceedings. · When the war terminated the Florida Railroad Com­ ments under it and all this correspondence and all these opinions of the pany, in the action of its president and its officials, claimed to be a com­ Secretary of the Interior. · The right of this company to be the bene­ pleted road, because the act provided that when a road was completed ficiary of this act was declared to have ceased and determined by the it might be seized and sold, some other conditions being required, but goveiJlor, and by the Legislature, and by the attorney-general in 1858, 1887. CONGRESSIONAL RECORD-SENATE. 877 two years after the time expired in which they could avail themselvtS striking out the word "joint," leaving it a Senate resolution, and ask of the benefit ofit to give them any right whatever. Their claim was the reference of the first section to the Committee on Public Lands. denied and never was asserted, and no location was ever made. There The PRESIDINGOFFICER(Mr. ALDRICH in the chair). The prop­ was a survey made under the original charter, they being authorized osition of the Senator from Florida will be read. to go there, but there never was a survey and never a location under The SECRETARY. It is proposed to strike out section 1 of the joint the internal-improvement act, and conld not be for the reason that the resolution, so that it will then read: State authorities declared by the almost unanimous vote of the house That the Attorney-General of the United States be instructed to bring suit, and asufficientmajorityin the senatetha.tthey had no right, and gave through the district attorneys of the U ni~d States, for an injunction agai~st the Florida Navigation and Railway Corporation, or their agents, attemptmg to the right to another company. And yet this certificate was made ~he sell, or selling, or ad\"ertising for sale the lands of the United States embraced basis of this reservation ! in the grant made to the State of Florida under the act entitled "An act grant­ I do not know that it is necessary for me to detain the Senate any in<>' public lands in alternate sections to the States of Florida. and Alabama to aid in the construction oi certain railroads in said States," approved May 17, longer. I will say, however, that I am not unfriendly to corporations 1856 hile bills for the forfeiture of the same shall be pending before Congress, or to aiding railroad companies. I think there is a better way to do it whi~h have been or shall be recommended by the committees of either House than by giving them lands; but if that be decided to be the way, I am of Congress to be forfeited. not in the way of it under proper limitations, but I am opp~ to giv­ ADJOURN:llENT TO MONDAY. ing the homes of the people who have entered upon the public lands to Mr. INGALLS. With the consent of the Senator from Florida, I corporations which have no claim whatever to them. move that when the Senate adjourn to-day it be to meet on Monday I desire this matter settled and the title vested somewhere, in some­ next. · body, in order that these people may obtain some recognition of their The PRESIDING OFFICER. The question is on the motion of the rights to their homes. The proper way to do it is to give them the land Senator from Kansas that when the Senate adjourn to-day it be to meet as the homestead laws give it to them, or allow them to purchase it. on Monday next. · I have no doubt it will be better for the railroad companies that the The motion was agreed to~ country should be settled than that the company shonld hold this large amount of land. FLORIDA LA.ND FORFEITURE. But, Mr. President, this railroad company, the snccessorofthe Flor­ The PRESIDING OFFICER. The Senate resumes the consideration ida Railroad Company, has over 300 miles of road built with the ben­ of the resolution of the Senator from Florida. The question is on the efits of the internal-improvement act out of the gift of the swamp and amendment of the Senator from Florida to the pending resolution to overflowed lands without this Waldo and Tampa road. We find from strike out the first section. the laws of Florida that there was exchanged in 1857 a large amount The amendment was agreed to. of the school fund, the bonds of the State of Florida in which the The PRESIDING OFFICER. The question is on the adoption of school fund was interested, for the bonds of this railroad company. We the second section. find that there were hundreds of thousands of acres of the public land Mr. MORGAN. I move the reference of t.hat to the Committee on given to it of the State lands. We find that there were several hun­ Public Lands. dred thousand dollars of the money proceeds of the sale of land given The PRESIDING OFFICER. The Senator from Alabama moves to the road to aid in its construction. We find that there were 4, 000,000 that the resolution be re erred to the Committee on Public Lands. acres of the State land, amounting to $1,000,000 in value, sold for the Mr. CALL. I hope that will not be done. There is pressing necessity benefit of this company. These facts are all in this record-sold for if any action be taken at all that it be at once; and it was at the sug­ the benefit of this company and for its debts; and yet the very men gestion of the chairman of the Committee on Public Lands that I pro­ who created those debts, tlie very men who owned the stock of the posed to put the second section on its passage without the other. This company for which they have never paid, became the purchasers of land is about to be sold and these people turned out of their homes. this property, and thisvast fund, dedicated to education, to the edu­ When I produce the records here and show beyond any possibility of cation of the children of the State, was lost and the property bas re­ doubt tha.t there never was any grant made to this railroad company mained in their hands as theirpropertysubjectto their ownership; and by the State of Florida, when I show that the grant was to the State while these consolidated roads cost about six or seven million dollars, of Florida, when I show that it was denied to the company by the State, they have bonded them in one form and another, according to there­ why allow it to advertise and sell quantities of this land containing the port of the receiver filed in the circuit court, the record of which I have homes of these people and involve tbem in litigation and alarm them here in my band, for $18,000,000; and they have 300 miles of completed and break them np? toad subject to this bonded debt, and all this money paid for its con­ Mr. MORGAN. I ask the Senator from Florida if he has not a bill struction, and whether they pnid anything or not I do not know, but pending now before the Renate for the forfeiture of this grant? certainly this property was constructed out of the public money, out Mr. CALL. Yes, sir; I have a bill referred to your committee. of the swamp and overflowed lands donated by the United States to Mr. MORGAN. I ask the chairman of the Committee on Public the State, and they have 300 miles of road; and why now should yon Lands if that is the bill that has been submitted to the Commissioner make a new grant in the Interior Department and give to them that of the General Land Office, the one that the Senator says is now -pend­ which the State refused to give them? inp; before the committee? Mr. President, I ask the consideration of the Senate upon this snb­ Mr. PLUMB. What is the question? iect. I think if there is anything that shonld require Senators upon Mr. MORGAN. The Senator from Florida says there is a bill now their oaths to perform their duty it is a question of this kind, and I pending before the Committee on Public Lands for the forfeiture of think these chairs should not be vacant when the public iliterest de­ this land grant. Is that the same bill which has been referred to the mands of Senators here that they should give their attention to public Commissioner of the General Land Office? business. Mr. PLUMB. As far as I know, it is the same bill. Here is an alienation of public lands of the United States given with­ Mr. MOR~AN. Has any answer come from the Commissioner? out consideration, without authority of law, without even the pretense Mr. PLUMB. Here is an answer which has c.ome back. of a right or of any action by the State, under the pretense that the Mr. MORGAN. I ask to have it read. twenty-first section of the internal-improvement act gave them a right Mr. PLUMB. I have it here. which thirty years ago, in 1858, all the constituted authorities of the The PRESIDING OFFICER. The paper called for by the Senator State denied, the attorney-general, the governor, the Legis1atnre, and from Alabama will be read. vested the right in another company which never consl:irncted the road, The Secretary read as follows : or a line or a mile or a yard of it, and which has expired years and DEPARTMENT OF THE n"TERIOR, GENERAL LAND OFFICE, years ago, the Legislature itself coming to Congress and acknowledging Wa8hington, D. 0., March 31, 1886. the fact and askin~ for the revival of the grant upon the condition that Sm: I am in receipt by Departmental reference of the 24th instant, requesting this road, now selling the homesteads and property of these people, an early report of my views on Senate bill871, of a letter from Hon. P. B. PLU111B, of the 18th instant. transmitting said bill for further report thereon, additional to should not have the advantages of the grant. I think if that is not a report of the 16th instant. case in which the Senators who are elected here to perform a sworn The bill, by its title, purports to be ''A bill for the forfeiture of the land granted duty should give their attention, none can be found. to the State of FloriPa. for the construction of certain lines of railroad in that; State." Mr. President, I ask now that this resolution may be amended. I The grants affected by the bill are presumed to be those made by the act of am informed that there have been cases here in which, upon the direc­ May 17 1856 (11 Stat.,15). tion of the Senate, the Attorney-General has instituted suits to protect The fu;t section declares in terms an absolute forfeiture of all lands granted by said act, none of the roads provided for having been constructed as entire the public property of the United States. I am informed that the roads within the time specified in the act. A proviso to this section allows in­ Committee on Public Lands will not object to so much of this resolu­ demnity selections to be made from the forfeited lands in lieu of lands earned tion a8 directs the Attorney-General to institute the proper proceedings by construction before the expiration of said time, and which could not, before that period be found along the completed portions of the road. to prevent the sale of the lands in this grant, and tha~ they will be con­ The prov~o suggests a doubt as to the extent of the forfeiture declared in the tent if I will refer to them the first section of the reso1ution with the enacting clause, since it would not be consistent to suppose that Congress in­ papers, asking for the forfeiture of this grant, and ask for the passage tended to declare the forfeiture of lands within granted limits a.long portions of road constructed prior to the expiration of the grant and a.t the same time to a.llow of the second part of it, instructing the Attorney-General to institute indemnity elsewhere for lands excepted ont of the grant. proceedings. I will therefore move to amend the joint resolution by The more serious objection to the first section is that it increases the original 878 CONGRESSIONAL RECORD-SENA'flE. JANUARY 21, grant by providing indemnity to a greater extent than allowed by the original The PRESIDING OFFICER. The hour of 2 o'clock havingarrived,­ act. 1. By the terms of the original act indemnity is allowed only for lands sold or it is the duty of the Chair to lay before the Senate the unfinished to which pre-emption 1ights attached prior to definite location. Indemnity is business, being the bill (S. 372) to establish agricultural experiment­ not allowed for lands reserved at date of grant or otherwise granted, or where stations in connection with the colleges established i:a the several States, from the intervention of lakes and rivers or otherwise there was no land in place or less than full t-echnical sections within the specified odd sections granted. under the provisions of an act approved July 2, 1862, and of the acts Under the proviso to the first section of the proposed act it would be claimed, supplementary thereto. and perhaps justly, that indemnity to the full amount of the nominal quantity of lands supposed to be embraced in the specified number of sections should be :Mr. CALL. I hope we shall be allowed to finish the subject which allowed. This would be giving indemnity for lands included in private land has been under consideration. It will not take a great while now. I grants or claims, for swamp lands previously granted to the State, for lands ask unanimous consent. granted for other railroads, and for lands that did not exist. It is especially provided in the granting act "that any.and all lands heretofore reserved to the 1\:Ir. MORGAN. I can not consent. I want the matter to go tothe United States by any act of Congress, or in any other manner by competent Committee on Public Lands. If the Senator will consent to refer it authority, for the purpose of aiding in any object of internal improvement or to the committee, we can have a report here on Monday. for any other purpose whatever, be, and t-he same are hereby •. reserved to t-he United States from the operation of this act except as to right ofwa.y." The PRESIDING OFFICER. Objection being made, the resoln.­ The proposed act makes a new and additional grant of indemnity lands in tion goes over until Monday. place of reserved lands which were thus expressly excepted " from the opera­ lllf. CAI..L. I am anxious to have this matter disposed of. I move tion" of the original grant. The amount of land in odd-numbered sections on the line of the Florida Rail­ that the bill in charge of the Senator from :Mississippi [Mr. GEORGE] road between Fernandino and Waldo, which was not granted to the State by be informally laid aside. the act of 1856 by reason of prior and contemporary grants and reservations, Mr. MORGAN. That motion is not in orde:r. and otherwise, for which indemnitywa.~ not given, is estimatedataboutl50,000 acres. The proposed act, therefore, makes a new grant to that amount for so Mr. CALL. I move to proceed with the consideration of the joint much of that road. Probably an equal amount is in the same manner made the resolution which has been pending. I ask that unanimous consent be subject of an additional grant by this bill for that portion of the Pensacola and given. Georgia road that was constructed within the time prescribed for the comple­ tion of the whole line. The PRESIDING OFFICER. The pending bill is Senate bill S. 372. 2. The indemnity provided by the bill is to be taken from lands along the Mr. CALL. I ask unanimous eonsent that that may be the order of portions of road unconstructed at date of the expiration of the grants, where, business for 2 o'clock on Monday. if indemnity bad been allowed for vrior grants, re ervations, &c., there wonld be no right unde:r the original act to supply such deficiencies arising along the Ur. . MORGAN. I ob,iect. constructed portions of the r oad. For example, whatever indemnity right might The PRESIDING OFFICER. Objection is made. have existed along the branch line of the Florida. Railroad to Cedar Keys must Mr. CALL. I move to proceed with the consideration of the joint have been satisfied on that line, if a.t all, and could not be taken under the orig­ inal act along-the Tampa Bay portion of the line, but the proposed bill allows resolution, which I have a right to do, I believe, notwithstanding the this to be done. objection. The inconsi'ltency of increasing a grant that is proposed to be forfeited is ap­ The PRESIDING OFFICER. The Senator from Florida moves that parent. U there is r eason for decla ring a forfeiture of the grant for failure of construction, there would seem to be no reason for enlarging the amount to be the Senate proceed to the consideration of the joint resolution (S. R. retained beyond the amount heretofore granted for the eonst.ruded portions of 98) relative to the forfeiture of certain lands granted to the State of the roads. Florida to aid in the construction of a line of road from Fernandina to The second section of the bill opens forfeited lands to private cash entry and to homestead entry with<>ut ·residence. It is provided that a person entering Tampa Bay, Florida.. said land under the homestead laws, or purchasing the ame for cash. shall make :P,[r. GEORGE. I should like to know whether the effect of that oath that be intends the land for a-ctt1al· settlement and improvement, and that motion won.ld be to displace the unii.nished business. if he fails to enter upon and improve the samo in twelve months from the time of making said entry the land shall be subject to forfeiture, and the money paid The PRESIDING OFFICER. It displaces the unfinished business for the same shall bo returned to the entryman. if adopted. A person can easily make oath as to his intention without danger of incurring Mr. GEORGE. I am very willing to yteld-­ the penalties of perjury. Besides, it is to be observed that he is not required to swea.r to an intention to use the land for his own settlement and improvement. Mr. EDMUNDS. Debate is not in order. Again, nothing in the nature of residence is required. He has merely to "enter The PRESIDING OFFICER. Debate is not in order on this motion. upon and improve the same" in twelve months. A visit to the land is "enter­ The question is on the motion of the Senator from Florida fM.r. CALL]. ing upon it," and the slightest act is an" improvement." U he steps upon the land once and digs a bole in the ground, or cuts a bush, he has complied with The question being put, it was declared that the noes appeared to the law, and receives title to the land upon payment of homestead fees and com­ prevail. missions, or, as the case may be, the minimum price of the land. If he fails to Mr. CALL. I ask for a division. ma.ke even that ostensible "entry and improvement" within twelve months and his entry should be O()ntested or set aside he gets back the money he has :Mr. INGALLS. Perhaps I did not understand the request of the paid. So he runs no risk of loss of money or of prosecution. Senator from Florida. The bill, to the extent of the application of the second section. overthrows the The PRESIDING OFFICER. The Senator from Florida moved to principle of the homestead laws by allowing homestead entries to be made in the manner thus provided and gives away the lands without conditions of in­ displace the pending bill, which is the unfinished business, by the res­ habitancy and permanent Improvement.1 olution which has been under discussion before 2 o'clock. The third section amends the general homestead laws by linliting the period Ur. INGALLS. For the purpose of enabling him to continue his of residence and improvement;to three years instead of five years, as now pro­ vided, thus increasing the liability of fraudulent entries and facilitating the ac­ remarks? quisition of lands for speculative purposes, and in large quantities by corpo:r&­ Mr. CALL. No; I desire to have the resolution disposed of. tions and associations. Mr. INGALLS. Has the Senator from Florida :finished the observa­ The fourth section further modifies the general homestead laws, waives the couditions upon which the entries were made, and eliminates the requirement tions he desired to submit? of residence upon lands heretofore entered under those laws by a.llowing the l\1r. CALL. I have not. I am ready to go further. purchase of the land at l.25 per acre, whether the parties making the entries 1\Ir. INGALLS. That will control me. If he desires to continue his have resided on the land or not. The evils which have followed the act of June 15,1880, are well known to the remarks I 'shall vote ro take up his resolution. Senate commit tee. 1 inclose herewith a copy of a letter from Senator PLUMB upon The PRESIDING OFFICER. Debate is not in order on this motion. this subje.ct, which was referred by you to this office some time since. The Mr. 1\fORGAN. I will state that I have the floor now on this prop­ pending bill magnifies the enls complained of in Senator PLUMB's letter. It would amount to a legislative condonement of illegal and fraudulent entries osition. The Senator from Florida had yielded the floor and I have en masse, and utterly destroy all the limitations and safeguards of the home­ the fi.oor on the resolution. stead laws. l\1r. CALL. I ask unanimous consent-- 'l'he fifth section gives purchasers from the railroad companies tiUe to the lands so purchased by them, and provides for the institution of suits at the ex­ l\1r. INGALLS. Sufficient debate ought to be had to enable ns to peri.se of the United States for the recovery, for their benefit, of the purchase­ understand what we are called upon to vote for. money paid with interest and damages, the United States to retain $1.25 per The PRESIDING OFFICER. The Senator from Florida. now asks acre out of the amount so recovered. This section makes the United States responsible to purchasers from railroa d unanimous consent that he may be allowed. to discuss the pending prop­ companies in violation of the principles of law which require vendees to look osition. to their vendors for indemnification for failure of title. 1\-fr. INGALLS. I understand the Senator from .Alabama. has the Purchasers from r ailroad companies are not innocent purchasers. They pur­ chase with notice of the liability of failure of title, and have neither legal nor floor. equitable claim against the United States. If they are actual settlers on the land lli. MORGAN. If there is to be further discussion of this matter, they are protected, as such, by general laws, in event of an enforcement of the I claim. the floor. forfeiture of the grants. To go further than this is, in my opinion, to go beyond the requirements of justice to individuals and beyond the bounds of fidelity to The PRESIDING OFFICER. The Senator from Alabama objects. public interests. Mr. CALL. I did not ask unanimous consent to proceed with my The s!.x!.h section is based upon the same erroneous principle, and is open to remarks. I asked unanimous consent to be heard on this motion. the same objections as the fifth section, and is equally unnecessary for any good purpose. U town-sites have been established upon lands to which the railroad The PRESIDING OFFICER. Does the Senator from Alabama ob­ title fails, the inhabitants can make town-site entries under the public town-site ject to the request now made by the Senator from Florida? laws, and neither speculative purchasers from the railroad companies nor any Mr. MORGAN. It is against the rnle. I make the question of other persons can take their lands or municipal improvements from them. n is my opinion that Senate bill 871, being faulty in the several respects order. mentioned, should not, in its present form, receive favorable consideration, but The PRESIDING OFFICER. Objection being made, theChairmust that a forfeiture of the grants mentioned in the bill ought to be declared, and I insist that debate is not in order. The question now is on the motion respectfully suggest that a simple declaration of such forfeiture is all that is necessary to that end. · of the Senator from Florida to proceed to the consideration of the joint Senator PLUMB's Jetter and accompanying papers herewith returned. resolution named by him, on which he has asked for a division. Very respectfully, Mr. CALL. I withdraw the motion. WM. A. J. SPARKS, Oommissioner. Hon. L. Q. C. LAMAR, The PRESIDING OFFICER. The motion is withdrawn, and the Bee~·etary of the Interio1·. unfinished business, being_the bill (S. 372) to establish agricnltnral ex- 1887. _CONGRESSIONAL RECORD-HOUSE. 879

perimentstation.s in connection with the colleges established in the sev­ pers, was referred to the Committee on Naval Affairs, and ordered to eral States under the provisions of an act approved July 2, 1882, and be printed: of the acts supplementary th~eto, is before the Senate. To the Stnate and House of R~resentatir:es: I herewith transmit a communication addressed to me by 1tlr. Samuel 0. ADJOURNMENT TO MONDAY. R eid, who offers to the United States the battle sword (now in my custody} of his fa.ther, Capt. Samuel Chester Reid, who commanded the United Sta.tes pri· ~fr. ING.A.L):.S. I mo-ve to reconsider the vote by which the Senate vate-a.rmed brig General .Armstrong, at the battle of Fayal, in September, 1814. agreed that when it adjourned to-day it should be to meet on :Monday I respectfully recommend that appropriate action be taken by Congress for the next, on which motion I ask for the yeas· and nays. acceptance of this gift. :Mr. EDl\1UNDS. So do I, Mr. President. GROVER CLEVELAND. ExECUTIVE MANSION, Mr. INGALLS. I .make this motion at the request of the Senator Washingtcn, January 20,1887. from Vermont. The PRESIDING OFFICER. The Senator from Kansas moves to BOOKS, ETC., FOR LffiRARY OF STATE DEPAnTMENT. reconsider the vote by which the Senate determinea_ that when it shall The SPEAKER also laid before the House a letter from the Secre­ adjourn to-day it be to meet on Monday next. Is the call for the yeas tary of the Treasury, transmitting a copy of a. communication from the and nays seconded? Secretary of State, submitting an additional estimate of appropriations The yeas and nays were ordered; and being taken, resulted-yeas for the purchase of books and manuscripts fada, Sawyer, of parting and refining of bullion, &c. ; which was referred to the Com­ NAYS-28. mittee on Coinage, Weights, and 1\Ieasures, and ordered to be printed. Aldrich, George, Jones of Arkansas, Sabin, NATIONAL BOARD OF HEALTH. Berry, Gorman, Mitchell of Pa., Saulsbury, Brown, Gray , Palmer, Sewell, The SPEAKER also laid before the House a letter from the Secre­ Butler, Hampton, Platt, Spooner, tary of the Treasury, transmitting copy of a communication from the Cameron, Harris, "Pugh, Vest, Eustis, Hawley, Ransom, Walthall, secretary of the National Board of Health, and inclosing estimates of ' Evarts, Ingalls, Riddleberger, Whitthorne, deficiencies in appro:priations for the salaries and expenses of the board for the fiscal year ending June 30, 1887; which was referred to the ABSENT-26. Committee on Appropriations, and ordered to be printed. Beck, Dawes, McMillan, Stanford, Blackburn, Fair, McPherson, Vance, BOUNDARY BETWEEN UNITED STATES AND MEXICO. Bowen, Gibson, Mahone, • VanWyck, The SPEAKER also laid before the House a communication from Camden, Hale, Manderson, Voorhees, Cockrell, Harrison. Maxey, Wilson of Md. the Secretary of the Treasury, transmitting copy of a communication Colquitt, Jones of Florida, Miller, from the Secretary of State in regard to the destruction of the monu­ Cullom, Kenna., Sherman, ment marking the western initial point in the boundary between the So the motion to reconsider. was rejected. United. States and Mexico; which was referred · to the Committee o.n .Appropriations, and ordered to be printed. WETliORE & BROTHER. HARBOR .AT VAN BUREN, ARK. Mr. MORGAN. I move t-hat the Senate proceed to the consideration of executive business. The SPEAKER also laid before the House a letter from the Secretary Mr. COCKRELL. I hope the Senator will withdraw that motion of War, in response to a resolution of the House calling for information until I can ask to have a case which has been on the Calendar recom­ concerning the changes which have recently occurred in the harbor at mitted to a committee. Van Buren, Ark., affecting navigation and facilities fur commerce; Mr. MORGAN. I withdraw the motion for the moment. which was referred to the Committee on Rivers and Harbors, and or­ ?t1r. COCKRELL. I move that Order of Business 2"23, being the bill dered to be printed. (S. 211) for thereliefofWetmore & Brother, of Saint Louis, Mo., be re­ PLUM POINT AND LAKE PROVIDENCE REACHES, MISSISSIPPI RIVER. committed to the Committee on Claims, together with the accompany­ The SPEAKER also laid before the Honse a letter transmitting a ing report. communica~on from the Mississippi River COmmission, with a report The PRESIDING OFFICER. The Senator from Missouri moves to and accompanying maps, showing the bank lines of. the Plum Point recommit to the Committee on Claims the bill named by him. and Lake Providence Reaches; which was referred to the Committee The motion was agreed to. on Rivers and Harbors, and ordered to be printed. EXECUTIVE SESSION. IMPROVEMENT OF FOX AND WISCONSIN RIVERS. Mr. :MORGAN. I renew my motion for an executive session. The SPEAKER a1so laid before the House a letter from the Attorney­ The PRESIDING OFFICER. The Senator from .Aia.bama. moves General in further response to the House resolution calling for a report that the Senate proceed to the consideration of executive business. of the amount due the several commissioners to ascertain flowage dam­ T he motion was agreed to; and the Senate proceeded to the consid­ ages caused by the improvement oftheFoxand WISCOnsin Rivers; which eration of executive business. After three hours and nine minutes was referred to the Committee on Rivers and Harbors, and ordered to spent in executive session, the doors were reopened. be printed. INTERSTATE COl\IMERCE. MESSAGE FRO~ THE HOUSE. The SPEAKER. The vote upon agreeing to the report of the con­ A message from the House of Representatives, by Mr. CLARK, its ference committee-on the interstate-commerce bill is to be taken this Clerk, announced that the House had agreed to the report of the com­ morning in accordance with the agreement entered into yesterday. mittee of conference on the disagreeing votes of the two Honses on the Mr. BUTTERWORTH. I understand that it is not in order to move amendments of the House to the bill (S. 54) to provide for the allot­ to recommit the_bill. I desire to ask this question of the Speaker, ment of lands in severalty to Indians on the various reservations, and whether it would be in order by unanimous consent to take a separate to extend the protection of the laws of the United States and the Ter­ vote upon the fourth section which relates to the long and short haul? ritories over the Indians, and for other purposes. The SPEAKER. Of course the vote can be in any way by nnani­ llr. INGALLS. I move that the Senate adjourn. mons consent. The motion was agreed to; and (at 5 o'clock and 25 minutes p.m.) Mr. CRISP. I object. the Senate adjourned until Monday, January 24, at 12 o'clock m. Mr. WEAVER, of Iowa. I ask unanimous consent to take a separate vote upon the commission featme, and the Federal court clause. :M:r. CRISP. I object. lli. W .ARNER, of Ohio. You had better swallow it whole. HOUSE OF REPRESENTATIVES. Mr. CRISP. I call for the regular order. M~. STEELE. I rise to a parliamentary inquiry. FRIDAY, January 21, 1887. The SPEAKER. The gentleman will state it, The House met at 12 o'clock m. Prayer by the Chaplain, Rev. W. ]')fr. STEELE. I would ask whether a vote in the negative, which H. Mn.BURN, D. D. would send this bill back to the committee of conference, would be con­ The Journal of yesterday's proceedings was read and approved. sidered as a vote Roaainst the bill? The SPEAKER. The Chair will state that if the House refuses to BATTLE SWORD OF CAPT. SAMUEL C. REID. agree to the report of the conference committee the regular order of pro­ The S~EAKER laid before the House tlie following m"essage from ceeding would be to ask a further conference with the Senate, which, the Pres1dent of the United States; which, with the accompanying pa- as a matter of course, is always granted.