1898. CONGRESSIONAL REOORD-HOUSE. '4041
NAY&--M. directed to intervene at once to stop the war in Cuba to the end and with the Allen, Cockrell, McLaurin, Rawlins, purpose of securing permanent peace and order there and establishing by Bacon, Daniel, Mallory, Roach, the free action of the people thereof a stable and independent government Bate, Harris, Mantle, Stewart, of their own in the Isiand of Cuba; and the President is hereby authorized Berry, Heitfeld, Martin. Teller, and empowered to use the land and naval forces of the United States to exe Butler, Jones, Ark. Mitchell, Turley, cute the purpose of this resolution. Caffery, Jones, Nev. Money, Turner, lN TBE SENATE OF THE UNITED STATES, Cannon, Kenney, Pasco, T!!t'P.ie, _ .Apn116, 1898. Chilton, Lindsay, Pettigrew, White. Resolved That the joint resolution from the House of Representatives Clay, McEnery, Pettus, (H. Res. 23fn entitled" Joint resolution authorizing and directing the Presi NOT VOTING-12. dent of the 'United St-ates to intervene to stop the war in Cuba, and for the Gorman, Murphy, Thurston, Walthall. purpose of establishing a stable and independent government of the people Hoar, Platt, N.Y. Tillman, Wellington, therein," do pass with the following Mills, Smith, Vest, Wetmore. .A.MEND.MENTS: . So the report was agreed to. Strike out all after the resolving clause and insert: First. That the people of the Island of Cuba are,.and of right ought to be, Mr. ALLISON. I move that the Senate adjourn. free and independent- Mr. ELKINS. I move that the Senate adjourn until the day [Applause]- after to-morrow. and that the Government of the United States hereby recognizes the Repubo Mr. ALLISON. I withdraw the motion for the present. lie of Cuba as the true and lawful government of that island. The VICE-PRESIDENT. The motion is withdrawn. [Applause.] ' Mr. ALLISON. I withdraw it for the reason that a. message Second. That it is the duty of the United States to demand, and the Gov· should be sent to the House before adjournment. ernment of the United States does hereby demand, that the Government Mr. HAWLEY. I raise the question of no quorum. It is nec of Spain at once relinquish its authority and government in the Island of Cuba. and withdraw its land and naval forces from Cuba and Lloban waters. essary to keep a quorum here. Third. That the President of the United States be, and he hereby_is, di The VICE-PRESIDENT. The absence of a quorum is sug rected and empowered to use the entire land and naval forces of the United gested, and the Secretary will call the roll. States, and to Call into the actual service of the United States the militia of the several States, to such extent as may be necessary to carry these resolu The Secretary called the roll, and the following Senators an tions into effect. swered to their names: Fourth. That the United States hereby disclaims any disposition or inten Aldrich, Davis, McMillan, Rawlins. tion to exercise sovereignty, jurisdiction~, or control o>er said island except Allen, Elkins, Mallory, Roach, for the pacification thereof, and asserts 1ts determination, when that is ac Allison, Faulkner, Mantle, Shoup, complished, to leave the government a.nd control of the island to its people. Bacon, Foraker, Martin, Spooner, [Applause.] Baker, Gallinger, Mason, Stewart, Strike out the preamble and insert: Bate, Gear, Mitchell, Teller, "Whereastheabhorrentconditionswhichhaveexistedformorethanthree Berry, Gray, Money, Thurston. years in the Island of Cuba, so near our own borders, have shocked the moral Butler, Hanna. Morgan, Turley, sense of the people of the United States, have been a disgrace to Christian Caffery, Hansbrough, Nelson, Turner, civilization, culminating, as they have, in the destruction of a United States Cannon, Harris, Pasco, Turpie, battle ship, with 266 of 1ts officers and crew, while on a friendly visit in the Carter, Hawley, Penrose, Warren, harbor of Havana, and can not longer be endured, as has been seUorth by Chandler, Heitfeld, Pettigrew, White, the President of the United States in his message to Congress of April 11, Clark, Jones, Ark. Pettus, Wilson, 1898, upon which the action of Congress was invited: TherE'.fore." Clay, Kenney, Platt\ Conn. Wolcott. Amend the title so as to read: Oockrell, McBride, Pritcnard, "Joint resolution for the recognition of the independence of the people and Cullom, McEnery, Proctor, Republic of Cuba, demanding that the Government of Spain relinquish its Daniel, McLamm, Quay, authority and government in the Island of Cuba., and to withdraw its land The VICE-PRESIDENT. Sixty-five Senators ave answered and naval forces from Cuba and Cuban waters, and directing the President of the United Sta.t.es to use the land and naval forces of the United States to to their names. A quorum is present. carry these resOlutions into effect." Mr. PASCO. If the theory is that the House can not act after [Applause.l the adjournment of the Senate, in order to avoid the inconven Mr. DINGLEY. I move that the House concur in the Senate ience of staying here two or three hours longer, why can we not amendments to the joint resolution, with the amendment which simply take a recess? I send to the desk; an
ANSWERED "PRESENT "-2. The SPEAKER. The gentleman from Pennsylvania [Mr. Berry, Boutelle, Me. ARNOLD J objects. NOT VOTING-19. Mr. JOHNSON of Indiana I should like to have the question Barber, Curtis, Iowa Osborne, Vehslage, -put to the House, Mr. Speaker, when the House is qu,iet. I can Bingham, Fenton, Powers, Wadsworth. hardly believe it possible when I desire to express myself in tem Bt·ewer, Hitt, Sauerhering, White, N. 0. perate language upon this subject, that any gentleman will object Brosius, Kitchin, Skinner, Wilber. Cranford, McAleer, Strait, to my having an opportunity to do so. Mr. PEARSON. Regular order! So the motion to concur with an amendment was agreed to. The SPEAKER. The gentleman from North Carolina [Mr. Mr. TALBERT. Mr. Speaker, I desire to ask indefinite leave of PEARSON] calls for the regular order. absence for my colleague rMr. STRAIT]; he is very ill in bed. Mr. BAILEY. A parliamentary inquiry. The SPEAKER. The Clerk will announce the pairs. The SPEAKER. The gentleman will state it. Mr. BERRY. I am paired with the gentleman from lllinois Mr. BAILEY. Is the demand for the regular order equivalent (Mr. HrTT]. I voted, and desire to withdraw my vote, and to vote to an objection to the request of the gentleman from Indiana? ''present." I desire to have the RECORD indicate tha_t I. would The SPEAKER. The Chair thinks if the gentleman will con· have voted in the negative had the gentleman from IllinoiS [Mr. tinue to notice he will gradually learn parliamentary procedure, HITT] been present. The Clerk will proceed with the call. The SPEAKER. The gentleman's vote will be withdrawn and The CLERK. The Committee on Indian Affairs. his statement will appear in the RECORD. . Mr. BAILEY. A parliamentary inquiry. I desire to know if The Clerk announced the following pairs: it is in order for the Speaker, in response to a respectful inquiry Until further notice: of a member of this House, to make such a reply as that? Mr. BRosms with Mr. McALEER. The SPEAKER. Not to a respectful inquiry; no. [Great Mr. WADSWORTH with Mr. OSBORNE, applause on the Republican side.] The House will be in order; Mr. CURTIS of Iowa with Mr. STRAIT and the Clerk will proceed. - Mr. BINGHAM with Mr. KITCHIN, Mr. BAILEY. Mr. Speaker, I desire to ask if the Speaker in- Mr. HrTT with Mr. BERRY. tends to say that the inquiry Mr. POWERS with Mr. BARTLETT, A MEMBER. Regular order! For this day: Mr. BAILEY (continuing). Which I made was not respectful? Mr. WILBER with Mr. CRANFORD. The SPEAKER. The Speaker simply desires to rest his state- Mr. FENTON with Mr. BREWER. ment in the knowledge which the House has as to this fact. Mr. BARBER with Mr. VEHSLAGE. Several MEMBERS. Regular order! Mr. SAUERHERING with Mr. SKINNER. The SPEAKER. The regular order is demanded. Mr. B~A..RTLETT. As announced, I am paired with the gentle Mr. BAILEY. Deliberately I desire to say if the Speaker man from Vennont [Mr. POWERS]. On yesterday, after the pas intended to say- sage of the resolution by the Senate, I saw the gentleman from The SPEAKER. The Clerk will proceed. Vennont, and got his permission to vote as I saw fit upon this Mr. BAILEY. I desire to say- resolution. The SPEAKER. The gentleman is not in order. Mr. BOUTELLE of Maine. Mr. Speaker, I voted "aye," be Mr. BAILEY. I am in order. I denounce that statement of cause I was in favor of the amendment of my colleagile [Mr. the Chair as false. If the Chair intended to make that state. DINGLEY], striking out the recognition of the existence o! the so ment--EA1fllause on the Democratic side.] called Republic of Cuba. As that amendment has prevailed by a The SP R. There is no difficulty about a question of fact majority that is not dependent upon my vote, and as I am strongly before witnesses. The Clerk will proceed. [Cries of "Regular opposed to the remaining resolutio~s, but could not defeat ~em orderl"l by voting with the Democrats, I withdraw my vote. I desrre to The CLERK, The Committee on Indian Affairs. ! be recorded "present." . The SPEAKER. The gentleman withdraws his vote. PRIVILEGED QUESTION. Mr. LAMB. Mr. Speaker, if the gentleman from North Caro Mr. SHERMAN. Before calling up anything from the Com· lina [Mr. KITCHIN] were here, he would vote "no." mittee on Indian Affau·s, I desire to rise to a privileged question. Mr. BAILEY. Mr. Speaker, I request, in view of the impor The SPEAKER. The gentleman will state it. tance of this vote, that it be recapitulated. Mr. SHERMAN. It interests the whole House, so I trust I may The SPEAKER. The Chair will order a recapitulation. have order. :Mr. BARNEY. Mr. Speaker, my colleague [Mr. SAUERHER The SPEAKER. The House will be in order. ING] is necessarily absen~ on account of illness in JUs family. I Mr. SHERMAN. Mr. Speaker, upon Wednesday last, follow· desire to announce that if present,~ would vote m the affirma ing the submission to the House of the report of the Committee tive. on Foreign Affairs on the Cuban resolutions, and while there was Mr. GROSVENOR. My colleague [Mr. FENTON] was suddenly excitement and some confusion upon the floor, Mr. BRUMM of called away on Saturday. He is probably on his way back, If he Pennsylvania, addressing Mr. BARTLETT of Georgia, said- were here, he would vote "aye" upon this resolution. Several MEMBERS. Order! :Mr. SULZER. I desire to say that my colleague [Mr. VEHs The SPEAKER. The Chair has been asking for order for some LAGE] is unavoidably absent. If he were present, he would vote time, and hopes the House will- grant order. ''no." Mr. SHERMAN. Mr. BRUMM of Pennsylvania, addressing Mr. Mr. BAILEY. I desire to say for the gentleman from Wyoming BARTLETT of Georgia, said: rMr. OsBORNE] that he was called to his home last Saturday. If If you say what I state is untrue, you lie. lie were present, he would vote "no." Mr. BRUMM. Mr. Speaker, I ask for order. The SPEAKER. The Clerk will recapitulate. Mr. RICHARDSON. We can not hear what the gentleman The Clerk recapitulated the names of those voting. says. Th~ result of the vote was announced as above recorded. The SPEAKER. The Chair would be very glad to have order, The announcement of the result was received with applause on but he can not compel order when disorder is participated in by a the Republican side. majority of the Honse. Will the House have the kindness to re· On motion of Mr. DINGLEY, a motion to reconsider the last main in order until this question of piivilege is disposed of? vote was laid on the table. Mr. SHERMAN. Mr. Speaker, as this question concerns not ORDER OF BUSINESS. me, b_nt every member of the House, I will begin anew; and inas The SPEAKER. The Clerk will proceed with the call of com much as I am submitting a question which has already been pre mittees. pared, I read from the manuscript, so that there can be no mis Mr. JOHNSON of Indiana. Mr. Speaker, inasmuch as there understanding. has not been any opportunity for debate on the yaiious concrete Upon Wednesday last, following the submission to the House propositions which have been before the House recently on this of the report of the Committee on Foreign Affairs on the Cuban Cuban matter, and inasmuch as the moving of the previous ques resolutions, and while there was excitement and some confusion tion by the gentleman fi·om Maine [Mr. DINGLEY] a few minutes upon the floor, Mr. BRUMM of Pennsylvania, addressing Mr. ago and the action of the House in sustaining it prevented any BARTLETT of Georgia, said: individual expression of opinion on the matter, I ask, as one who If you say what I state is untrue, you lie. believes that war with Spain is entirely unnecessary, and who A personal encounter between these gentlemen immediately antagonizes in toto all the propositions which have been before thereafter was prevented by the interference of other members this House leading to such an event, that I be given time, not to and of the Sergeant-at-Arms. A meeting of a friend of each gen exceed an hour, in which to submit some remarks to the House tleman and a third member, called into conference with them, in support of my opinions. has since been held and the understanding and position of each Mr.- ARNOLD. I object. 6xpla.ined. This discloses the fact that the use of the epithet by '
4044 CONGRESSIONAL RECORD-HOUSE. APRIL 18,
Mr. BRUMM was based upon the suppo_ftion that Mr. BARTLETT Mr. McEWAN. May I inquire if the statement contained in had previously stated that a remark maae by Mr. BRUMM was un this report, to wit: That the consolidation of railroads has here true; that Mr. BARTLETT was not aware that :Mr. BirolDl had tofore resu1ted in cheapening the rates, is made on facts within made such a remark, and was not addressing himself to Mr. his own knowledge? Does he state that as a fact within his own BRumr. With this understanding Mr. BRUMM desires to with knowledge? draw the epithet applied to :Mr. BARTLETT, and each gentleman Mr. SHERMAN. If I state it in the report, I do. desires to apologize to the House for a breach of its ru1es. [Loud Mr. McEWAN. Well, Mr. Speaker, I want to take issue on general applause.] that. I say it has been my observation that the consolidation of Mr. BRmrn ad(lr'essed the Chair. roads, or the putting of several roads under one management, does Several MEMBERS (to Mr. BRUMM). Let it go. not result in the lowering of rates at all, as a geneTal proposition. Mr. BRUMM. Mr. Speaker, at the request of gentlemen around We know as a matter of fact in the history of railroads that con me to let the matter drop where it is, I am perfectly willing. I solidating them, in the past ten years, has resulted jn putting up did .not rise for the purpose of contradicting anything in the state rates. It does away with all elements of competition. One road ment. I was going to repeat what had transpired. But it does tries to get the freight at a lower rate than another. . This is not seem to me, in the interest of ail parties, not myself, that something so when all roads m·e owned or managed by the same company. shou1d be said regarding the newspaper reports of the controversy. When under one management it enables that management to put Mr. COX. Mr. Speaker- up rates. For one, I want to express my opposition to any bill Several MEMBERS (to Mr. BRUMM). Let it drop. that enables roads to consolidate. I do not think it has been Mr. BRUMM. I sunply want to say, of course, I am willing- proven best for the interests of the country heretofore. Several MEMBERS. Let it drop. The question was taken; and on a ilivision (demanded by "hlr. Mr. BRUMM. I will let it drop where it is. TODD) there were-ayes 68, noes 21. The SPEAKER. The Clerk will proceed. The gentleman from Mr. TODD. Mr. Speaker, I suggest the absence of a quorum. New York is recognized, as chairman of the Committee on Indian The SPEAKER. It is apparent to the Chair that there is no Affail's. quorum present; therefore the yeas andnayswill be considered as RAILROAD COMPANIES IN INDIAN TERRITORY. ordered, and the Clerk will call the roll. The doors will be closed Mr. SHERMAN. Mr. Speaker, I present for consideration House and the Sergeant-at-Arms will send for members. bill 8349, granting additional powers to railroad com:panies created Mr. CARMACK. Mr. Speaker, what is this roll call on? by laws of the United States and operating lines m the Indian The SPEAKER. On the passage of the bill. The Clerk will "Tenitory. call the roll. Mr. McEWAN. Mr. Speaker, I rise to ask for order. The question was taken; and there were-yeas 16~, nays 76, an· The SPEAKER. The Chair thinks the best method of obtain swered "present" 15, not voting 102; as follows: ing orde~ is to facili~ate the departure of ~em~rs who have ~o YEAS-163. interest m the pending matters. The Chmr will therefore wa1t Acheson, Davenport, King, Royse, until members retire to the cloak room. [After a pause.] The Adamson, Davey, Kirkpa. trick, Russell, Clerk will now report the bill. Aldrich, Davison, Ky. Knlp, Settle, The Clerk read as follows: Allen, Dayton, Lacey, Shattuc, Arnold, Dinrllley, Landis, Shelden, Be it enacted, etc., That it shall and maY: be lawful for any comJ?8onY cx:ea.ted Babcock, Do :ver, Lawrence, Sherman, by or existing under the laws of the Uruted States and operating a line of Ba.rham, Dorr, Lewis, Ga. Showalter, niilroad, either wholly or partially, in the Indian Territory to enter into con Barrett, Dr' Lewis, Wash. Smith, ill. tracts for the use or lease of the railroad and other property of any railroad Barrows, Edd?.' Linney, Smith, S. W. company whose line may now or hereafter connect with its line upon such Bartholdt, Ellis, Littauer, Smith, Wm. Alden wrms as m.o.y be agreed upon by the respective companies. and to use and Bartlett, Ermentrout, Little, Snover, operate such road or roads i_n ac.cord!'Lnce with the terms of su~h contract.or Belden, Evans, Lorimer, Southwick, lease, but subject to tho obligations rmp9s~d upon the respective compames Belford, Fischer, Loud, Spalding, by- their eha~·ters or by the laws of the UJ?Ited States o:r of the State or Ter Belknap, Foote, Loudenslager, Sperry, ritory in wh1ch such leased road may be Slt~ate. Bell, Gardner, Low, sr:ague, Bennett, Gibson. ~brand, s ele, Mr. TERRY. Mr. Speaker, !would liketohavethe repol't read. Bishop, Gille\,N. Y. cClellan, Stevens, Minn. Booze, Gillet Mass. McDonald, Stewart, N. J. The SPEAKER. The Clerk will read the t·eport. Bradley, Griffin, Maddox, Stone, C. W. The report (by :Mr. SHERMAN) was read, as follows: Brenner1k0hlo Grosvenor, Mahon, Stone, W. A. Broderia , Grow, Mann, Strode, Nebr. The Committee on Indian Affairs, to whom was referred the bill (H. R. Brown, Hager, Marshall, Sturtevant, 834.9 ) granting additional powers to railroad companies created by laws of Brownlow, Ha.Inilton, Mercer Snllowa.y, the United Sta.t.es and operating lines in the Indian Territory, respectfully Brucker, Harmer, Meyer, La. Swanson, re}10rt: Brumm, Hay, Miers, Ind. Tawney, Tho provisions of this bill authoriza railroad companies created by or ex Bull, Heatwole, Minor, Tayler, Ohio isting under the la.w:s of !he Unite_O!$ed upon the respective compani~s by theh: charters., or by the Cannon, Hicks, Parker, N.J. Ward, Jaws of the United l::!tates or any State or Territory applicable thereto, shall Cap~ Hilborn, Payne, Warner, govern in the nse and operation of any such leased roads. It is fu:rther pro Car , Hill, Pearce, Mo. Weaver, tided that the act shall not apply to companies whose lines are parallel or Chickering, Hooker, Pearson, Weymouth, comp<' ting. . Cochrane, N. Y. Ropkins, Perkins, Wheeler, Ala. The authority thus proposed to~ conferred is one that lS almost unj:ver Connolly, Howell, Pitney, Williams, Pa.. sally exercisable throughout the Umted States, under th~ laws of the differ Corliss, Hull, Pu~h, Yost, ent States. The right has already been conferred by spe_cial acts ~f Congress Cousins, Hurley, Qrugg, Young,Pa.. to different railroad companies named in the acts, and 1ts e~tenSlOn to~~ Crump, Johnson, N.Dak. Ray. Young, Va. ]1anies cr eated by an act of Congress would seem to be adVJ!38.ble and JUdi Curtis, Kans. Kerr, Richardson, cious, having in view the better results both as to the serVIce rend~ to Dalzell, Ketcham, Robbins, the public and t he lowering of rates that generally follows the consolidation of o~e or more short lines into a. larger system. . .NAYS-!i6. The committee therefore recommend passage of the bilL Bailey, Davis, Lanham, RobertsonlniA Mr. McEWAN. Mr. Speaker: I would like two or three min Baker, TIL DeArmond, Lentz, Robinson. d. utes to speak on this matter. Ba.ll, De Graffenreid, Lester Shafroth. Mr. SHERMAN. I will yield to the gentleman from New Bankhead, De Vries, McCnlioch, Shuford, Ber~, Dockery McDowell, Slayden, Jersey. Bla.n, Fitzger~d. McEwan, sr:;kman, Mr. SIMPSON. Mr. Speaker, I hope the gentleman fro~ New Bodine, Fitzpatrick, McRae, s k, Botkin, Fleming, Maguire, Stephens, Tex. York in charge of this bill will make some explanation of It. Brewer, Gaines. Maxwell, Strowd, N. C. Mr. TALBERT. Mr.Speaker,aparliamentaryinquiry. !want Brundidge, Greene, Meekison, nllivan, to ask if we are proceeding under unanimous consent? Burke, Griffith, Moon, Sulzer Castle, Handy, Norton, Ohio Sutherland, The SPEAKER. The House is proceeding under a call of the Clar1r, :Mo. Henry, Miss. Ogden, Talbert, committees, and the matter is legitimately before the House. Cla~on, Henry, Tex. Olmsted, To.te, .Mr. SHERMAN. If the gentleman from Kansas had followed Coc an,Mo. Hunter, Otey, Terrl, Uowherd, Jett, Pierce, Tenn. Tod the reading of the report, which is q~te s~ort, but C
NOT VOTING-102. Mr. SHERMAN. I send the amendment to the desk. Adams, Crumpacker, Knox, Powers, The Clerk read as follows: Alexander, Cummings, Latimer, Prince, Provid.eil, That the terms of this bill shall not apply to paralleling lines. Baird, Curtis, Iowa Livingston, Reeves, Baker, Md. Dovener, Lloyd, Rixey, Mr. TODD. I move to amend the amendment by inserting after Barber, Fenton, Love, Sauerhering, " paralleling " the words " and competing." Barlow, Fletcher, Lovering, Sayers, Barney, Foss, McAleer. Shannon, It is the evident purpose of this bill and its main object to legal· Beach, Fowler, N. C. McCall, Skinner, ize railroad consolidation, and a careful examination discloses Benton, Fowler, N.J. McUleary, Smith, Ky. that the bill is more dangerous and far-reaching than appears on Bingham. Fox, McCormick, Southard, Boutell, ill. Grout, Mcintire, Stewart, Wis. the surface. By its provisions any railroad owning any track in Boutelle, Me. Gunn, McMillin, Stokes, the Indian Territory can consolidate with other roads outside, Brantley, Hartman, Mahany, Strait, which includes all the country. Brewster, Hawley, Marsh, Vandiver, Bromwell, Hemenway, Martin, Vehslage, It is not required in the bill that the consolidation shall all be Brosius, Hinrichsen, Mesick, Wa-dsworth, confined to the Indian Territory, but any road that enters the Ter· .Broussard, Bitt 1\filler, W a.lker, Mass. ritory can consolidate with any line that touches its own line at Catchings, Howard, Ala. Mills, Walker, Va. Clardy, Howard, Ga. Mitchell, Wheeler, Ky. any point in the United States. The exact wording of the bill is: Cill.rk, Iowa Howe, . Morris, White,m It shall and may be lawful for any company created by or existing under Clarke, N.H. Jenkins, Newlands, White,N. c. the laws of the United States, and operating a. line of railroad either wholly Ccdding, Jones, Wash. Norton, S. C. Wilber, or partially in the Indian Territory, to enter into contracts for the use or Colson, Joy, Osborne, Wilson, lease of the railroad and other property of any railroad company whose line Connell, Kelley, Otjen, Zenor. may now or hereafter connect with its line upon such terms as may be agreed Cooney, Kitchin, Overstreet, upon by the respective companies, etc Cranford, Knowles, Peters, Under this act, if the New York Central or Pennsylvania or any So the bill was passed. system wish to make a consolidation of the railroads of the conn The following pairs were announced: try, aJl .they need to do is to buy or lay a few miles of track in the On this vote: Indian Territory; or some great line which already has entered the Mr. W A.LKER of Massachusetts with Mr. CUMIDNGS. Territory, like the Santa Fe, could make the consolidation. This Mr. MooDY with McMILLIN. dangerous power given the railroads, combined with the fraudu The result of the vote was announced as above stated. lent methods by which it has been passed, should secure its prompt Mr. SHERMAN. I move to reconsider the vote just taken and repeal or amendment. to lay that motion on the table. Mr. ARNOLD. I object to the amendment of the gentleman Mr. TODD. I move to recommit the bill with instructions to from Michigan [.Mr. ToDD]. I have no objection to the amend insert the following amendment: ment of the gentleman from New York. Pr011ided, That this act shall not apply to parallel or competing lines. Mr. CARMACK. I will ask what objection there can be The SPEAKER. It is too late to make that motion. The bill Mr. SHERMAN. I have stated my request. Let gentlemen object it if they wish. has passed. to Mr. TODD. Then I ask unanimous consent to explain certain The SPEAKER. Is there objection to the request of the gentle things in regard to this bill which are deceptive, by reason of man from New York? which members have voted contrary to what would have been Mr. TALBERT. I make the point of order that in order to their judgment if the facts had been understood. The official amend the bill the vote on its passage must first be reconsidered. report of the committee, which was just read the House, states The SPEAKER. This can only be done by unanimous consent. to Mr. HAY. I object. explicitly: On motion of Mr. SHERMAN, a motion to reconsider the vote . It i-. furt~er jlrovided fin the bill] ~at the act shall no~ apply to compa mes whose lines are parallel or competmg. by which the bill was passed was laid on the table. Mr. TODD. I now ask unanimous consent to offer an amend· Many members being unable to procure copies of the bill, and, ment that the words " and competing" shall be added. assuming that the statement in the committee report was true, The SPEAKER. Objection is made. voted for the bill. I showed a co_py to the chairman of the com Mr. HAY. I withdraw my objection. mittee, and he expressed surprise that it had been omitted. If T.he SPEAKER. 'The Chair will again submit the question to the bill is allowed to pass without this provision, it will be the the House. The gan tleman from New York asks unanimous con· most stupendous outrage ever perpetrate4 upon the people of sent to insert in the bill just passed the amendment which will be this country, as it will lead to indiscriminate pooling and con- read: solidating. - The Clerk read as follows: The SPEAKER. The gentleman asks consent to address the House with regard to the bill jnst passed. Provided, That the terms of this act shall not apply to paralleling lines. Mr. SHERMAN. I do not wish to object, but I think we can Mr. SHATTUC. I object. by unanimous consent get at what the gentleman desires. I be Mr. McMILLIN. Then I hope the gentleman from New York lieve the difficulty which he desires to point out is that the word will not insist on the passage of the bill. ing of the.bill does not prohibit the leasing of parallel lines. Now, Mr. SHERMAN. It has passed. if it may be done by unanimous consent, I ask unanimous consent Mr. McMIJ,LlN. I hope the bill will not leave the Honse in ita that there be added to the bill this proviso: present form. The report states explicitly that the bill contains such a provision, while in fact it does not. Provided, "That this shall not apply to lines which paraJ.lel each other. Mr. SHERMAN. As I understand, my amendment was just Mr. RICHARDSON. I think that amendment ought· to be inserted by unanimous consent. adopted. The SPEAKER. It was not. Objection was made. Mr. McMILLIN. The phraseology ought to be "competing Mr. SHERMAN. I thought my request was allowed. 1 llnes. ' Mr. SHATTUC. I withdraw my objection. Mr. SHERMAN. Parallel and competing lines are the same The SPEAKER. The Chair will put the question again and thing. would like the House to give attention. The gentleman from New Mr. TODD. What is the objection to making the phraseology York asks unanimous consent to add to the bill just passed the "competing and parallel?" The committee report states that it is proviso which the Clerk will read. already in the bill, and upon this untrue statement to the House The Clerk read as follows: it received a favorable vote. Provided, That the terms of this act sh1lil not apply to paralleling lines. Mr. SHERMAN. No, I will not consent to that. I will ask The SPEAKER. The Chair suggests that the request for unan- unanimous consent for inserting the language I have stated. imous consent should be for the reconsideration of the action by Mr. McMILLIN. There is no such thing literally as one road which the bill was passed and of the action by which it was en parallel.ing another. Occasionally roads are substantially parallel, grossed and read a third time. but the question is as to whether the roads are competing. Mr. SHERMAN. Mr. Speaker, if it be permissible to ask Mr. TODD. The matter to which I referred was this; In the unanimous consent, rather than to go through all of that formula, report of the committee there is this statement: I will say to the gentleman who makes objection to the bill in its It is further _provided that the act sbn:ll not apply to companies whose present form that I will myself appear before the Senate commit lines are parallel or competing. . tee and request this proviso to be put in the bill. Now, various members have told me that they voted for the Mr. TODD. But, Mr. Speaker, I think this is the propm·tj..me bill because the report stated that this provision was in it. The to do it, while the matte1· is before the House. chairman of the committee now admits that it is not in the bill. Mr. DOCKERY. This is a question of considerable importance, The SPEAKER. If there is an amendment to be submitted by and I think we had better dispo3e of it now. unanimous consent, the Chair would like to have it submitted in Mr. SHERMAN. I have no possible objection. I am willing proper form-in writing. that gentlemen, if they can get it in shape to meet their views, 4046 . . CONGRESSIONA·L ·RECORD-HOUSE. APRIL 18,
shall do so by unanimous consent. I do not wish to give author Mr. LITTLE. The act of construction has not actually begun, ity to competing railroads to consolidate. That is not my inten but everything is ready for it. tion at all in drawing the bill. If they can put the language in Mr. SIMPSON. Then, in other words, they want to hold the · proper shape to meet that point, I will accept their suggestion. charter until1900 with a view to a possible purchaser? Mr. DOCKERY. Not only parallel lines, but competing lines. Mr. LITTLE. Oh, no; they have no desire to sell the road, Mr. SHERMAN. I would suggest to write after the word They propose in good faith to construct it. "parallel," in the bill, the words "and competing" lines. 1\fr. SIMPSON. But if a purchaser offers a fair sum for the Mr. TODD. That is the amendment which I have already pro charter, no doubt they would accept? posed. Mr. LITTLE. I do not believe it. I think it is not likely. Mr. McMILLIN. That would meet the point, I think. They expect to build the road themselves with their own money, Mr. EVANS. Before the gentleman from New York agrees to and all they ask is this extension of time for a very brief period that, I would ask him if all of the railroads in the Indian Terri to enable them to complete the plans now in view. tory are not practically competing lines? Mr. RIDGELY. You state that this is intended to give a con Mr. SHERMAN. Oh, I think not. nection between the Missouri, Kansas and Texas Railroad and Mr. EVANS. It seems to me that the amendment now sug Fort Smith? gested would nullify the purpose of the bill. Mr. LITTLE. Yes, that is the purpose of the bill and the only The SPEAKER. Is there objection to the request of the gen purpose, except local bUBiness. tleman from New York that the proceedings so far, with refer Mr. RIDGELY. Are the people who manage this enterpt·ise ence to the bill, be vacated? Fort Smith people? There was no objection. Mr. LITTLE. Yes, principally. The SPEAKER. There being no objection, the action by which Mr. RIDGELY. All right. I am for Fort Smith. the bill was passed, by which it was ordered to a third reading Mr. SIMPSON. I should like to ask the gentleman from Arkan and was accordingly read the third time, will be considered as sas (Mr. LITTLE] another question. Is it not a fact that there vacated. are so many rights of way granted through the Indian Territory Now the question is on agreeing to the amendment presented that practically the whole Territory is absorbed and taken up by the gentleman from New York in its present form, which the with these railroad rights of way? Clerk will report. Mr. LITTLE. I will say to the gentleman that there is no The Clerk read as follows: other right of way granted which leads in the direction in which Add aner the word "parallel" the words "and competing;" so as to read this right of way does. from Fort Smith intersecting the Missouri, ''parallel and competing lines.'' Kansas and Texas. It crosses a large tract of country which is The amendment was agreed to. without railroad connection at present. When it comes to lines The bill as amended was ordered to be engrossed and read a running north and south, a large number of tights of way have third time; and it was accordingly read the third time, and passed. been gran ted. On motion of Mr. SHERMAN, a motion to reconsider the last Mr. TALBERT. I will ask the gentleman from Arkansas if vote was laid on the table. there is any guaranty that if this extension of time is granted, no FORT SMITH AND WESTERN RAILROAD COMPANY. further extension will be asked? · Mr. SHERMAN. I now call up for present consideration the Mr. LITTLE. I do not think any further extension will be . bill (H. R. 9477) to amend section 8 of the act of Congress ap necessary. proved March 2, 1896, granting a right of way to the Fort Smith Mr. SIMPSON. Is there any provision in this bill to prevent and Western Coal Railroad Company through the Indian Terri them selling the right of way? · tory, and for other purposes. Mr. LITTLE. There is no provision authorizing it that I re The SPEAKER. The bill will be read. member of. The charter was granted two years ago. They do The bill was read, as follows: not want to sell it. You can not buy it. Be it enacted, etc., That sectionS of the act of Congress approved March2J The bill was ordered to be engrossed and read a third time; and 1898, granting a right of·way to the Fort Smith and Western Coal Railroaa it was accordingly read the third time, and pa-ssed. Company through the Indian Territory, and for other purposes, be, and the same is hereby, amended so as to read as follows: On motion of Mr. SHERMAN, a motion to reconsider the last "SEC. 8. That said railway company shall build and complete its said rail vote was laid on the table. way on or before December 31, 1900, or this ~a:I?-t shall~ forfeited; that said Mr. SHERMAN. That is all which the Indian Committee railway company shall construct and mamtain, contmnally, all road and highway crossings and necessary bridges over said railway whenever said desire to present, Mr. Speaker. roads and highways do now or may hereafter cross said railway's right of NATIONAL REUNION MONUMENT ASSOCIATION. way or may be by the proper authorities laid out across the same." Mr. SHERMAN. I ask for the reading of the report accom Mr. MERCER. Mr. Speaker, I desire to "call up Senate resolu panying the bill. tion 110, a joint resolution authorizing the National Reunion Mon The report (by Mr. LITTLE) was read, as follows: ument .Association to erect a monument in the city of Washington The Committee on Indian Affairs, to whom was referred Honse bill 9477, to the Union soldiers, sailors, and marines of the war of the re having had the same under consideration, return the same to the Honse with bellion. the recommendation that it do pass. . The joint resolution was read, as follows: The charter of this company will expire in March, 1899, and, the company · having expended a considerable sum of money in surveying its route and in Resolved by the Senate and House of Representatives of the United States of the preliminary work looking to the construction of this road, your com Amen:ca ir~ Congress assembled, That the National Reunion Monument As mittee believe that the time for the completion of this road granted by the sociation, an organization chartered and incorporated under the laws of the District of Columbia for the purpose of erecting a monument in the city of bill should be allowed. Washington to the Union soldiers, sailors, and marines of the war of the re The SPEAKER. The question is on the engrossment and third hellion, be, and hereby is, authorized to erect said monument on such Gov reading of the bill. ernment reservation in said city as may de designated by the Secretary of Mr. RIDGELY. What road is this, I would-ask the gentleman? War; the design of said memorial to receive his approval. Mr. SHERMAN. The Fort Smith and Western Coal Railroad 1\Ir. MERCER. Mr. Speaker, I ask unanimous consent that the Company. _ report upon this bill be printed in the RECORD and not read at the But I will refer the gentleman from Kansas to the gentleman desk. It is not necessary that it should be read, I think. from Arkansas [Mr. LITTLE] who made the report, and who can The SPEAKER. The gentleman asks unanimous consent that answer any questions with reference to it. the report be printed in the RECORD, Is there objection? Mr. RIDGELY. Then !would ask the gentleman what road is There was no objection. referred to here, and what is the length of it? The report (by Mr. MERCER) is as follows: Mr. LITTLE. This is a contemplated line rnnning from Fort The Committee on Public Buildings and Grounds, to whom was referred · Smith westward to connect with the Missouri, Kansa-s and Texas Senate joint resolution No.llO, having fully considered the same, report it back with the recommendation that it do pasa. Railroad in the Indian Territory. The resolution simply asks for authority from Congress by the National Mr. RIDGELY. How long is it? Reunion Monument Association to erect on ground belonging to the United Mr. LITTLE. Well, some 75 miles, I should think. States within the limits of the city of Washington a suitable monument to the soldiers, sailors, and marines who served tne nation during the war of 1\fr. RIDGELY. And this is a. proposition to extend the right the rebellion. It asks for no appropriation of money, but simply asks the or charter of the company? authority to erect the monument proposed on a site to be selected by the Mr. LITTLE. Yes; until1900. Secretary of War. The organization is incorporated under section M5 of the Revised Statutesofthe United States,_and was perfectedJnlyl3,1893. A Mr. TALBERT. Is that all the change in the bill? copy of the certificate of incorporation and record of same is hereto attached, Mr. LITTLE. Yes, sir; and it has all of the safeguards usually marked "Exhibit A." embodied in these bills. The organization has been holding preliminar¥ meetings with a. view to active work in carrying out its object ever since Its incorporation, and has Mr. SIMPSON. Has any work been done upon the road? so far progressed as to be ready to enter upon its legitimate work as soon as Mr. LITTLE. Well, they have spent a considerable sum of a location has been secured for the monument. The ol:>ject and purpose of money. the organization has been indorsed by the National Encampment of the Mr. SIMPSON. In construction, or simply laying out the road? Grand Army of the Republic by the National Encampment of the Union Vet eran Le¢on, and by other soid1er organizations. A copy of the resolution of Mr. LITTLE. Well, surveying and plotting. the National Encampment of the Grand Army of the Republic is hereto at Mr. SIMPSON. And no construction has been done? tached, marked "Exhibit B." A copy of the resolution of the Union Veteran 1898. .'CONGRESSIONAL ·RECORD-HOUSE. 4047
Legion is also attached, marked "Exhibit C." The indorsement of the De T~nty-seventh National Encampment indorsed the movement and it was partment of the Potomac is also attached hereto and made a part of this highly commended by Commander in Chief John G. B. Adams in General report, and marked "Exhibit D." Orders, No. 5, March 8, 1894. The organization does not ask of Congress that any particular location The undertaking is a worthy one and appeals strongly to all Union ex shall be selected, but simply petitions that the Secretary of War be given soldiers, sailors, and marines and to all patriotic citizens as an effort to recog authority to select an eligible site for the monument on grounds within the nize in :part the services of the rank and file in preserving the Union. city of Washington belonging to the Government of the United States. The This 1S the only organization of the kind which has the official sanction of committee is firmly of the opinion that the request is a most reasonable one. the Grand Army of the Republic. It was incorporated May 12, 1893. Its Sites have been granted and set apart for monuments to army and naval plan of operations has been ma.p:P,ed out, chairmen of committees have been heroes, generals and admirals, and 1t seems but fitting that the Congress of appointed, and the association will enter upon the collection of funds for the the United States should authorize the designation and setting apart of a purpose above named earl;v in the new year. desirable location for the erection of a monument to the soldiers, sailors, and All posta and comrades m this department are earnestly requested to give marines who served in the Union Army and Navy during the war for the their cordial support to this patriotic enterprise. Union. This is a. project in which the soldiers, sailors, and marines through By command of Thomas S. Hopkins, department c.ommander. out the United States are deeply interested, and awaiting our action in the ARTHUR HENDRICKS, premises before responding to the ca.ll for funds to carry out this grand Assistant Adjutan t-Gene,·aZ. object. Mr. CANNON. Is this a Senate bill? Mr. MERCER. It is a Senate joint resolution. EXHIBIT A. The SPEAKER. It is a Senate joint resolution, which the Clerk Certificate of incorparation of the National Reunion Monument Association. will again report to the House. [Received for record July 13,1893, 10.50a. m.] The joint resolution was again read. To all whom it may concern: · Mr. DOCKERY. I do not desire to object to this, but it is not This is to certify that we whose names are hereunto si~ed, citizens of the United States, a majority of whom are residents of the DlBtrict of Colum in order under this call. I shall not make the point of order on it. bia, are desirous of forming an organization under section 545 of the Revised The joint resolution was ordered to a third reading; and it was Statutes of the United States for.the District of Columbia, as follows: accordingly read the third time, and passed. FirRt. The name of this society shall be The National Reunion Monument .Association. On motion of M.r. MERCER, a motion to reconsider the last vote Second. This association to continue as an incorporate body for twenty was laid on the table. years. Third. Its objects are: (1) The erection on Grand Army place, in the city MINING-TUNNEL RIGHTS. of ·washington, D. C., of a suitable monument to the soldiers, sailors, and marines who served the nation during the war of the l'ebellion; (2) to secure Mr. GROSVENOR. Mr. Speaker, I desire to call up the bill the proper marking of the spots on said Grand Army place where the vari (H. R. 7442) to amend section 2323 of the Revised Statutes of the _ous military and naval organizations held their reunions during the twenty United States, relating to tunnel rights. sixth national encampment of the Grand Army of the Republic. Fourth. The number of directors for the first year shall consist of nine The bill was read, as follows: persons, selected from the incorporators here named. Be it enacted, etc., That only 750 feet on each side of the center line of a JOHN MGELROY. fsEAL.l D. W. HOUGHTON. s~. tunnel site (described in section 2323, Revised Statutes of the United States) A. H. G. RICHARDSON. SEAL. HOWARD M. GILLMAN. SEAL. shall be reserved for tunnel locations: P.1·ovided, That any location ma-de in JOHN C. S. BURGER. [sEAL. GILBERT THOMPSON:. SEAL. a tunnel may take any part of 1,500 linear feet on one side and the remainder A. B. JAMESON. [SEAL. GILBERT M. HUSTED. SEAL. on the other; or the owner of said tunnel site may take a full claim of 1,500 RICHARD HENDERSON. SEAL. E. R. CAMPBELL. SEAL. feet on one side and 1,500 feet on the other side~ if that part of said claims, ex DAN. A. GROSVENOR. ~~EAL.] WILLIAM H. MICHAEL. SEAL. tended beyond 750 feet of the center line in saia tunnel, does not conflict with WM. S. ODELL. SEAL.] M.A. DILLON. SEAL. any prior location. L. P. WILLIAMS. sEAL. MARION T. ANDERSON. SEAL. SEc. 2. That any vein or lode cut in said tunnel shall be staked on the sur· E. S. GODFREY. SEAL WM. H. WEBSTER. SEAL. face and recorded within sixty days from the time the same is cut in the A. VON HAAKE. SEAL. THEODORE F. LANG. SEAL. tunnel, in the manner provided for locations at the surface, as far as practi W. H. LO\VDERMILK. sEAL. D. F. McGOWAN. SEAL. cable, otherwise the same shall be subject to discovery and location outside of E. W. WHITAKER. SEAL GEO. REDWAY. SEAL. the unabaildoned workings of said tunnel claim by any other qualified person. G. W. WILSON. sEAL. A. J. GUNNING. SEAL. SEC. 3. That the owner of said claim shall be entitled to all ore to the apex CYRUS BUSSEY. sEAL. G. W. CLARK. SEAL. of what are called bv miners generally vertical lodes, though such apex may F. C. REVELLS. SEAL. B. F. CHASE. SEAL. not be included in the boundaries as staked on the surface. DISTRIOT OF COLUMBIA, ss: Mr. HUNTER. Is there a report accompanying that bill? Personally appeared before me, E. F. Bingham, chief justice of the su Mr. GROSVENOR. Let the report be read. preme court of the District of Columbia, the persons whose names are sub The SPEAKER. If there be no objection, the report will be scribed to the foregoing certificate, and acknowledged signing the same for the purpose therein named. read. Witness my hand and seal this 12th day of May, A. D. 1893. Mr. HUNTER. An explanation will ba sufficient. [SEAL.] E. F. BINGHAM, Mr. GROSVENOR. I think the report will convey a clearer Chief Justice of the Supreme Court of the District of Columbia. and better idea of it. OFFICE OF RECORDER OF DEEDS, Washington, D. C., August 29, 1899. The report (by Mr. GROSVENOR) was read, as follows· This is to certify that the within is a true and verified copy of a certificate The Committee on Mines and Mining, to whom was referred the bill (H. R. of incorporation, and of the whole of such certificate, as received for record 7442) to amend section 2323 of the Revised Statutes of the United States, sub on the 15th day of July, 1893, 10.50 am. mitted the following report: [sEAL.] GEO. F. SCHAYER, The bill (H. R. 7442) seeks to amend section~ of the Revised Statutes of Deputy Recorder of Deeds. the United States, which read as follows: "Where a-tunnel is run for the development of a vein or lode, or for the discovery of mines, the owners of such tunnel shall have the right of posses· EXHIBIT B. sion of all veins or lodes within 3,000feet from the face of such tunnel on the Copy of 1·esolution unanimously adopted at the Twenty-seventh National En line thereof not _P-reviously known to exist, discovered in such tunnel, to the campment of the Grand Army of the Republic at Indianapolis, Ind., Septemr same extent as 1f discovered from the surface; and locations on the line of ber 7,1893. such tunnel of veins or lodes not appearing on the surface, made by other Resolved. That the national encampment approve the plan of the National parties, after the commencement of the tunnel and while the same is being Reunion Monument Association, of Washington, D. C., for the erection in prosecuted with reasonable diligence. shall be valid." the national capital of a memorial to the rank and file of the Union armies, A discovery from the surface entitles the miner to 1,500 feet in length and Navy, and Marine Corps who fought for the suppression of the rebellion 6C() feet in width, and also the same area when the discovery is made in a from 1861 to 1865. (See page 211, Proceedings National Encampment, Grand tunnel. Tunnels are usually run at right angles to the general course of the Army of the Republic, Indianapolis, Ind., September 7, 1893.) veins. The Supreme Court has held that the tunnel claimant may take his whole claim on either side of the tunnel that he may desire after he cuts the vein, and he is required to give no notice nor to protest a_~.:rainst anyone ap EXHIBIT C. plying for a patent on any ground wi~hin 1,500 feet of the line of the tunnel. Copy of resolution unanimously adopted at the Twelfth National Encampment Yet when he cuts a vein in the tunnel he may take his claim all on one side of the Uni01~ Vete1·an Legion at Columbus, Ohio, September ~2-25, 1897. thou~h it covers ground actually purchased of the Government by others Resolved, That the Twelfth National Encampment of the Union Veteran within the 1,500-foot limit. - Legion heartily approve the plan of the National Reunion Monument Asso The evil that section 1 of this bill seeks to cure is to confine the right of the ciation, of Washington, D. C., for the erection in the national capital on Grand tunnel claimant to 750 feet on each side of the line of the tunnel should the Army Place of a memorial to the rank and file of the Union armies, Navy, extension of the claim beyond 750 feet from the line of the tunnel conflict with and Marine Corps who fought to uphold the nation's honor from 1861 to 1865, the ri~ts of any prior locator. If the tunnel claimant does not conflict with and this encampment commends the patriotic spirit that prompted this asso ~~fh ~J~o~fh~!=Kr ~~~~~ron 1 of this bill, take a full claim on one ciation to render justice to those who on land and sea bore the brunt of As the law now stands, the claimant is entitled to only 1,500 feet of the battle. vein, but not being confined to either side or to any portion on one side and the remainder on the other, and having the right to choose his whole claim EXHIBIT D. on either side or a part on one side and the remainder on the other, renders [General Orders, No.8.] anyone locating a claim within 1,500 feet of the line on either side of the tun nel subject to the will of the tunnel claimant if he cuta the same vein, or in HEADQUARTERS DEPART:MENT OF THE POTO:MAC, effect severs; and there are 3,000 feet in width out of which he can only ex GRAND ARliT OF THE REPUBLIC, tend his lines 1,500 feet. Washington, D. C., December 1, 1897. Section 2 simply requires a tunnel claimant to stake his claim at the sur * • • * * * * face and record the claim within sixty days from the time the vein is cut, v. The department commander takes this occasion to commend to the otherwise it will be deemed that he has abandoned the same should any other favorable consideration of his comrades the organization known as the Na locator discover the same claim outside of the tunnel and locate the same. tional Reunion Monument Association. The~e lands are sold by the Government to the claimants for $5 per acre, and It was formed in 1892, at the time of the assembly of the national encamp the mtereRt of the Government, as well as those of prospectors, requires that ment of our order in this city, its object being "to erect in the national capi there should be no ambiguity about the intention of claimants or a.s to the tal a memorial to the rank and file of the Union armies, Navy, and Marine specific ground desired. Corps who fought for the suppression of the rebellion from 1861 to 1865." Section 3 of the bill gives the claimant all ore from the point touched to the It is the purpose of this association to locate the monument upon the surface, even though the apex of the vein may depart from the side lines. ground known as Grand .A:rmy Place, south of the Executive Mansion. The Mineral veins rarely extend vertically. These veins vary irregularly 4048 CONGRESSIONAL RECORD-HOUSE. APRIL 18, from a vertical position. Tunnel locations are on what miners call blind Mr. SHAFROTH. I did not get your question. Repeat it, lodes, or lodes the top or apex of which is covered up with earth or debris, and the location of the apex can only be estimated until more thoroughly please. developed than is possible before the sixty days for staking and recording. Mr. RIDGELY.. The bill, as I understand it, only applies We append hereto letters from the honorable Secretary of the Interior within the limit of 750 feet where to go beyond that, going to and the honorable Commissioner of the General Land Office, favorably rec ommending this measure. 1,500 feet, would not conflict? We therefore re:port the bill (H. R. Ul2) back to the Honse with the rec Mr. SHAFROTH.. That i$ right. ommendation that 1t do pass. Mr. RIDGELY. He has still the privilege of going 1,500 feet, providing it does not conflict? DEP.ART:IDl.~ OF THE INTERIOR, W
Mr. SULLIVAN. Is it not a fact that in different districts they Mr. KING. I suggest to the gentleman that, instead of using have different rules? the word ''here" on map in stating this matter, he use language Mr. SHAFRO'l'H. Yes; there are several districts in our which will make the statement intelligible when printed. · State- Mr. BELL. Now let me show the point in this matter. The Mr. BELL. They do not now. Secretary of the Interior, the Commissioner of the Land Office, Mr. SHAFROTH. The Gilpin County mines have all been lo- and all parties interested ask that this bill be passed because it cated 75 feet on each side of the vein. simply complies with the construction of the original act and Mr. SULLIVAN. The laws or rules, as I understand, differ in what we thought it ought to be and what we thought it was from different districts. Does this bill attempt to disturb those in any the passage of the act down to 1896. way? Now, all we seek to do is this: When this man starts in here Mr. SHAFROTH. No, it does not; all it attempts to do is to [illustrating from map]- obviate the decision which was rendered by the Supreme Court, A MEMBER. Going in from the tunnel. and which did away w.ith what we supposed were the rights of Mr. BELL. Yes; going in from the tunnel-the law provides the locators of lode mines as against the locators of tunnel sites. that the claimant shall have 1,500 feet on the lodes that he dis It really makes the law as we have always understood it, and as covers. Now, you do not know when yon get out here (illnstrat- . the miners have acted upon it. ing] to locate whether yon are going to take 1,500 feet on this side Mr. SHANNON. Is this a. general law that applies to all the or 1,500 feet on the other; therefore it severs 3,000 feet in width States? instead of 1,500 feet. We always understood that the quantity Mr. SHAFROTH. It is a. general law that applies to all the reserved was 1,500 feet in the aggregate-750 feet on one side and States. • 750 feet on the other. The whole purpose of this bill is to confine I will now yield to the gentleman from Colorado [Mr. BELL]. a locator to 750 feet on each side, making the location definite; Mr. BELL. Mr. Speaker, I drew this bill. I will make a. short otherwise every location of a tunnel amounts to a reservation of statement in regard to it. Congress passed an act saying that any 3,000 by 3,000 feet instead of 1,500 by 3,000 feet as Congress intended. man that located a tunnel for the discovery of blind lodes and Mr. WILLIAMS of Mississippi. Under the present construe developed the tunnel right with reasonable diligence, that is, did tion, as I understand, the tunnel man can hold a club over the a reasonable amount of work on the tunnel site every six months, other man. • should hold all blb.1d veins or lodes cut in the tunnel to the same Mr. BELL. Yes, sir; as it is now, he holds dominion over 3,000 eXtent as if he had discovered them at the surface. by 3,000 feet. The Department of the Government held that the line of the Mr. RIDGELY. Suppose the tunnel man starts in prior to the tunnel was simply the width of excavation, and any man might surface man, not knowing whether he may find any mineral or go on and prospect and explore the surface so he did not get on not, and the surface man afterwards develops a vein of mineral. the line of the tunnel. The line of the tunnel is 3,000 feet in Can the tunnel man change the direction of his tunnel at will? length. One thousand five hundred feet of any vein cut in a tun- Mr. BELL. No; the line of the tunnel must be staked. The nel can be located the same as on veins located at the surface. only question about the matter is whether he shall stake the loca The Supreme Court at an early day held that the location at the tion all on one side or all on the other side, or whether there shall · surface where a locator sunk a aiscovery shaft, if he did not say be a. definite understanding that he shall stake 750 feet on one how much he claimed on one side and how much on the other, side and 750 feet on the other sid~ of the actual excavation. then he should be deemed to take only 750 feet one way and 750 Mr. RIDGELY. It seems to me that the bill is very fair and .feet the other way from the discovery shaft as against any snbse- ought to be passed. qu;~l\~~n~rthe analogy of that, the people generally in mining it ;;~~ELL. It simply makes the law what we for years thought · countries thought that when they prospected with a tunnel and cut a vein therein they would be required to take 750 feet on the Mr. SMITH of Arizona. We always thought that to be the one side and 750 feet on the other side of the tunneL law. Under the present construction it would be impossible to Now, here is the case overruling these understandings. The locate more than one mining claim under a tunnel location. Rico-Aspen case. decided recently by the Supreme Court of the Mr. BELL. Under the old tunnel location? United States. The Jumbo No. 2lode was located and patented Mr. SMITH of Arizona. I mean the tunnel that yon start in before the same was cut in the Group tunnel. The first discov- with. In other words, when you discover minerai, you can, lln erers had one about 800 feet from the line of the tunnel. The der a tunnel location, locat~ only one mining claim, whereas the . tunnel claimants were not in the neighborhood of the Jumbo No. surface man can locate a dozen. · 2 claim when it was discovered at the surface. Mr. BELL. This bill provides that one may stake two claims, Tunnel claimants e.an do a reasonable amount of work eve1-y provided nobody else has taken the ground before he gets it. six months and hold a tunnel. Fifty dollars' worth of work every Mr. SMITH of Arizona. I know such was the old construction six months would probably be held as sufficient. This would ex- of the law before the decision which has been referred to. cavate about5feet, and it would take them thirtyyearstogofrom l\fr. BELL. There is another point in this case. The Supreme end to end of tunnel site. Now, these men had discovered on the Court of the United States also held that if this man [illustrating] surface this Jumbo lode some 800 feet from line of tunnel. When cuts the vein down in the tunnel, he need not mark it out at the loca this tunnel got up to the Jumbo vein, instead of taking 750 feet tion up here [illustrating]; he need not gtve anybody any notice un each side of their tunnel line, they concluded totakethewhole whatever, except to set up a stake at the mouth of the tunnel, or most of the 1,500 feet on one side of the tunnel and takes in telling people that he has a lode away up here somewhere. This everything that the Jumbo No.2 had done. bill provides that he must stake it at the surface, so that a man Now, our local courts have heretofore invariably held to the walking over the ground will know that it is located. contrary. The local courts, which are generally better versed in :Mr. CONNOLLY. Doas not this bill make a. change iii letting mining laws even than the Supreme Court, had held that they the miner take the ore to the surface? were entitled to only 750 feet on each side, but the United States Mr. BELL. The bill so provides, but I think there is really no Supreme Court held that they might take 1,500 feet on either side; change. and it made no difference that the Jumbo claimants had patented Mr. CONNOLLY. That is a change, is it not? and paid for the ground. No protest was ever made. The court Mr. BELL. It is not, properly speaking, a change. It simply said to the tunnel claimant that he might locate his tunnel and makes dBfinite something which otherwise might be indefinite. keep it alive and secur~ an inchoate right to any lode within a The existing law provides that on a surface location, if you have radius of 3,000 feet. the ground, say a parallelogram. 300 feet by 1,500 feet, yon must The claim of the Group tunnel was held to be good, because find the apex here I illustrating], and having the apex of a lode ~ey first located the tunnel and had done a reasonable amount of inside of the boundaries entitles the claimant to all ora to the cen work on it every six months. The Supreme Court holds that the ter oi the earth, though it departs from the vertical so as to go man who comes up here [illustrating] in advance is not required outside of the boundaries in its downward course. By cutting a to prote!:t-not required to say a word; that he may go on and blind lode below the surface we may assume that it has two get his patent from the Government. But if the man locating a apexes, one to that part of the vein above and one to that part tunnel here [illustrating] comes up afterwards and finds a lode in below the tunneL ·this tunnel-twenty years afterwards or at any time-he may Now, the apex gives the ore in the mine located at the surface taketh~ ground away from the other man, by virtue of his having to the center of the earth: but if it crosses the side lines, then a started down here [illUBtrating] on a tnnnel previous to such dis- different condition is presented. If the apex comes down here covery. · and de-parts from the sida lines, the claimant loses all of the claim Mr. TALBERT. Provided the discovery of the mineral was from the place of departure-. made prior to that time? Now, in tunnel locations yon do not find the apex, as it is below Mr. BELL. Yes; if it were mad~:~ prior to the time that he be- the surface of the earth. gan.~ work. The only point is that ~e man starting his tun- I proride in my bill tha.t tbe man must mark his l~1.tion at the nel1s liable to occupy twenty years getting up to the other end. . 1 surface, so that it will be visible to anyQ<>dy, a~d t.h~t he may have
XXXI-254 4050 CONGRESSIONAL RECORD-HOUSE. APRIL 18, all ore from tunnel to surface, though the vein departs from side Mr. GROSVENOR. I withdraw it, if the gentleman wants to lines from tunnel upward. do anything. Mr. KING. After the discovery of the vein? The SPEAKER. The Clerk will proceed with the call of com· Mr. BELL. After the cutting of the vein in the tunnel. mittees. Mr. TALBERT. As the law stands, if I understand it cor The Committee on Invalid Pensions was called. rectly, it provides that a man must do a little work each six months? PENSION TO DESERTED WIFE OR MINOR CHILD OF A SOLDIER. Mr. BELL. That is correct. Mr. RAY of New York. Mr. Speaker, I call up the bill (H. R. Mr. TALBERT. Now, what is meant by a" little" work? 1055) to amend section 4766 of the Revised Statutes of the United Mr. BELL. Well, the law says it shall be a "reasonable States. amount" every six months. The bill was read, as follows: Mr. TALBERT. What is a "reasonable a.mount"? Be it enacted, etc., That section 4766hTitle L vn, of the Revised Statutes of Mr. BELL. Fifty dollars each six months is considered by the United States be, and the same is ereby, amended by adding thereto the following additional proviso, namely: "Provided further, That in case any miners to be a reasonable amount in the meaning of the law. resident pensioner of the United States being insolvent and having desertea Mr. TALBERT. And what is the limit of time? his lawful wife or minor children (the wife being a woman of goon moral Mr. BELL. Well, you can figure for yourself. If you will take character), and a. court of competent jurisdiction in any State havin~ dul,Y adjudged the pensioner guilty of desertion, the Commissioner of PenSions lB a tunnel say 3,000 feet long, it is considered sufficient work if he hereby directed, upon a certified copy of the judgment of said court being puts in $50 each six months, or a hundred dollars' worth of work filed in his office, to cause one-half the pension due and coming due to said each year; and it will take him about thirty years to go from end pensioner to be_paid to the deserted wife, or in case there is no wife, to the to end, if the ground is worth $10 per foot. guardian or legal custodian of the minor children during their minority." Mr. SULLIVAN. As I understand it, there is no limitation of The Committee on Invalid Pensions recommended the following time in the sense of the loss of his 1ights over the mine, provided amendments: he does his work. All he has to do is to do a certain amount of In lines 7 and 8 strike out the words "and having deserted" and insert in work each year which is by the law considered a reasonable lieu thereof the word "deserts." amount, and that continues his title indefinitely. From lines 9, 10, and 11 strike out the following: "and a court of compe tent jurisdiction in any State having duly adjudged the pensioner guilty of Mr. BELL. Referring again to the tunnel, a man will start a desertion." tunnel in the side of a hill with the expectation of being able to From lines 12 and 13 strike out the following: "upon a certified copy of strike paying ore at some distance farther in-say within 500 feet. the judgment of said court being filed in his office" and insert in lieu thereof He may make a strike before going very far. But these tunnels, the following: "upon being sa tisfted by competent evidence of such desertion. •' as a rule, are in mining countries which show no surface indica Mr. RAY of New York. Mr. Speaker, instead of having the tions-in other words, there is no outcrop of the ore. report read, I ask unanimous consent to print it in the RECORD. Mr. KING. If the gentleman will allow an interruption: Sup Then I will make a brief explanation, so that you will all under pose a man commences the construction of a tunnel anticipating stand it. the striking of pay ore at 500 feet from the surface. Some other The SPEAKER. The gentleman asks unanimous consent to person in the meantime, after the work on the tunnel has been print in the RECORD the report of the committee upon the bill pursued for a distance, say, of 1,000 feet from the mouth of the tun now before the House. Is there objection? nel, finds a paying vein and takes possession of it on the surface, There was no objection. in the direction of the line of the tunnel. The man who starts The report (by Mr. KERR) is as follows: the tunnel fails to find a vein at the 500 feet distance, as he antici The Committee on Invalid Pensions, to whom was referred the bill (H. R. pated, but believes that he can strike the vein found by the man 1055) giving to the deserted wife or minor child of a soldier one-half his pen sion in cases of desertion of the wife or child, submit the following report: on the surface at 1,000 farther, and continues the tunnel antici The object of this bill is to so amend section4766, Title LVII, of the Revised pating the striking of that vein below the surface. What other Statutes of the United States as to &ive the deserted wife and minor child or 1·ules, if any, do you apply to the man who made the surface children of a soldier. or the minor child or children, in case there is no wife, one-half ot such soldier's pension. location? As the law now stands a soldier husband drawing a. pension may, without Mr. BELL. If it is a surface claim, the tunnel would not have cause, desert his Wife and child, or his minor children, leaving them in desti any effect upon it. tute and necessitous circumstances while he draws the full pension allowed by the Government. _ Mr. SULLIVAN. You mean that there is no change of exist The duty of a hnsband to support his wife and children is enforced by this ing law? bill to the extent of one-half the pension of a soldier who abandons that duty Mr. BELL. No. The tunnel claim is simply a blind claim by deserting his wife and minor children, or his minor children in case there is If no wife, provided the deserted wife is a woman of flOOd character. The plain that does not appear on the surface. the ore vein appears at est dictates of justice require of the husband the discharge of this duty to t.he the surface, it presents a different question and is dealt with under extent of his ability, and it is also the dnty of tho Government to com_pel him another mining law. to discharge this dnty to the extent of its ability. It must be conceded that A MEMBER. Well, if a man strikes some other kind of vein in it is wise and just to compel a man who willfully deserts his wife and child or children without just cause to surrender at least one-half his pension to the tunnel, he would probably take advantage of it. their support. Mr. BELL. That is generally the case. Your committee is of the opinion that the wife should not be obliged to Mr. KING. Then I understand the gentleman that this bill procure the decision of a court adjudicating the question of desertion before having the benefit of the law, but think that it is sufficient to leave that ques does not change the tunnel law at all? tion to the decision of the Commissioner of Pensions, who will be able to Mr. BELL. Not at all as to taking out ore from where cut speedily ascertain the facts and withhold one-half the pension in the mean to the surface. I require a record and put in this provision as a time. safeguard. fCries of "Regular order!"] Mr. RAY of New York. Mr. Speaker, the whole effect of this The SPEAlrER. The Chair would suggest to gentlemen that bill is to add a provision by way of amendment to the Revised the Honse desires to hear the colloquy now going on and asks gen Statutes giving one-half of the pension of a soldier to his wife or tlemen to be in order. minor children in case the soldier drawing that pension abandons Mr. BELL. The only point here is that it permits the owner to his wife or minor children without just cause. That is all there take the ore to the top or apex of the vein, though it depart from is of it. It says to the Commissioner of Pensions that he is to re the side lines, in its trend upward, the same as downward. I think tain one-half the pension and pay it to the wife or children, as this is but declaratory of the present law, put in as a precaution. the case may be. nnder those circumstances. - Mr. GROSVENOR. I should like to inquire of the gentleman Mr. SULLIVAN. One half to go to the soldier and the other from Colorado, who is speaking in my time, if he does not think half to them? the House is now ready to vote on this? Mr. RAY of New York. Yes. Now he gets the whole of it. :Mr. BELL. I think so. Mr. GROSVENOR. Who is to decide the question of desertion? Mr. GROSVENOR. I ask for a vote, Mr. Speaker. Mr. RAY of New York. On due proof made to the Commis- The bill was ordered to be engrossed and read a third time; and sioner of Pensions. Of course, he can stop payment of one-half !t was accordingly read the third time, and passed. the pension if complaint is made, and then he investigates, and if On motion of Mr. GROSVENOR, a motion to reconsider the last he finds that the soldier has deserted his wife, she being of good vote was laid on the table. character, and minor children, he may then pay one-half to the The Committee on Labor was called. widow or to the children, as the case may be. Ml·. GARDNER. Mr. Speaker, the Committee on Labor are Mr. KING. Will the gentleman allow me to ask him a ques prepared and desire, when reached on this call, to brin~ up the tion? bill known as the eight-hour bill, but considering the thinness of Mr. RAY of New York. Yes. the House and the state of the minds of members I ask that the Mr. KING. Who is to determine whether the man deserts? committee be passed without prejudice. That is, perhaps, a mixed question of law and fact1 and it is a The SPE.AKER. The gentleman asks that the Committee on question which frequently arises in court. Labor may be passed without prejudice. Is there objection? Mr. RAY of New York. It is to be decided by the Commis There was no objection. sioner of Pensions, on proof made before him. If complaint is Mr. GROSVENOR. I should like to make a motion to adjourn. made to the Commissioner by the wife or the minor children, or Mr. RAY of New York. Oh, I hope not. by the guardian in their behalf, that the soldier has, without 1898. CONGRESSIONAL REC-ORD-HOUSE. 4051
cause, deserted the wife and children, and they make proof of the dren, that the Commissioner of Pensions would not pay any pen desertion, and the wife makes proof that she is a woman of good sion to the mother who was not taking care of the children. He character, then the Commissioner may retain and pay one-half would give it to the minor children-- of the pension to the wife or to the minor children. Mr. NORTON of Ohio. But pay it all to the father when he Mr. KING. He is to exercise that quasi-judicial function? had deserted them? Mr. RAY of New York. Certainly. Mr. RAY of New York. Because it is only paid to the mother Mr. FITZPATRICK. Does the bill go far enough to provide to enable her to take care of the children, and it gives it to the chil that if the father should desert the children, if there is no mother, dren equally with the mother; so that if it should appear the that then the children may be considered? mother had deserted her children the Commissioner of Pensions Mr. RAY of New York. Certainly; if there is no wife, then it would not pay it to her, but to the minor children. goes to the minor children, and it goes to the wife for her and the Mr. SHAF.ROTH. In view of the usual affection between minor children in case there are both. mother and children, is it not an almost impossible case that is Mr. FITZPATRICK. Myonlyquestion iswhetherthewording stated? of the bill is sufficient to carry that into effect. Mr. RAY of New York. That is aperfectsafeguard. No good . Mr. RAY of New York. The amendment carries it into effect. mother will desert her minor child. It has been v.ery carefully worded. Mr. UNDERWOOD. I should like to ask the gentleman a ques Mr. WHEELER of Kentucky. I should like to ask the gentle tion. man from New York a question. Mr. RAY of New York. Certainly. · Mr. NORTON of Ohio, I ask the gentleman to yield for a ques Mr. UNDERWOOD. Underthepresentlaw, whenapensioner tion. dies his pension ceases. Mr. RAY of New York. Certainly; but if my colleague on the committee will wait a moment, I will answer the other gentleman Mr. RAY of New York. How is that? Mr. UNDERWOOD. Under the p~esent law, if the pensioner first. Mr. NORTON of Ohio. Very well. . · dies his pension ceases. Then a new pension is granted to the Mr. WHEELER of Kentucky. Where a decree of divorce has widow. Now, I want to know, if, under this law, all the pension been granted by a court of competent jurisdiction, why not make is given to the widow and minor children, whether that will be that conclusive evidence? an extension of the pension after the death of the original pen Mr. RAY of New York. It was written in the bill in the first sioner? instance that the wife or the children must go to the court and Mr. RAY of New York. Oh,certainlynot. It does not extend get a decree of some kind, showing that he had deserted. We the pension. It simply provides that the pension drawn by the concluded that that would be too cumbersome, and take too long soldier, during the time that he draws it, shall go to the wife or and be too expensive. It is perfectly safe to leave it with the minor children, or to both, in case he deserts them. Now, when he Commissionerof Pensions. Now, if thefacthasbeen adjudicated dies, he ceases to draw pension, or to be entitled to it. Then, of by any court that the husband has deserted the wife or children, course, nobody draws the pension. The widow would apply then, then the production of the decree of the court would be conclu and if she got a pension of course it would go to herself and her sive evidence with the Commissioner. In such case there will be children. This bill only applies to the pension of the soldier dur no necessity for further proof. The bill requires proof to the sat ing the time he draws it. isfaction of the Commissioner, and it is presumed that he will .Mr. UNDERWOOD. There isnothingin.thelawto extend the accept the judgment and decree of a court of competent jurisdic original pension? · tion on the question of desertion. The report explains the object Mr. RAY of New York. Not a word. of the bill. · Mr. RIDGELY. Suppose a soldier should desert his wife and Mr. WHEELER of Kentucky. Is that provided for in the bill? children and die without the knowledge of the Commissioner. Mr. RAY of New York. It is provided in the bill that if it is How do you provide that the pension may not go on being paid to proved to the satisfaction of the Commissioner of Pensions that a the widow?. . · soldier has left, deserted his wife and minor children, or a wife Mr. RAY of New York. Well, I supposed the gentleman knew ·or minor children, in case there are not both, he may then sus- that a pension can not be drawn by the soldier unless at the end pend the payment of one-half .of the pension and pay such one of every three months he executes his voucher and affidavits half to the wife or to the· minor children. showing that he is living and entitled to receive it. If he goes : Mr. WHEELER of Kentucky. Unless you have a provision in away and dies, he can not do that; so the pension stops; and then the bill that that shall be res adjudicata, can not the Commis the widow, on proving the death, would apply and get a pension sioner of Pensions open the case and hear testimony on both sides for herself and children. . and determine it? Mr. RIDGELY. I understood that to be the law, but I heard Mr. RHEA of Kentucky. I suppose if he returns to his wife some gentlemen around me asking the question. there would be no longer any reason for them to pay it to both. Mr. RAY of New York. There is no trouble about that. Mr. WHEELER of Kentucky. You did not catch the point of Mr. ROBINSON of Indiana. I would like to ask the gentleman my question. Unless the decree of divorce shall be conclusive, I what would be the effect in case the Commissioner of Pensions say that would not debar the hearihg of testimony to determine did ascertain there was a desertion and he had paid the pension ·the question and to decide whether the wife or the husband was to the wife or husband as the bill provides, and there should be at fault. thereafter a divorce granted to either one of the parties? Mr. RAY of New York. Why neither party should be debarred? Mr. RAY of New York. A divorce granted? · Mr. WHEELERofKentucky. Intheeventofajudicialdecree? Mr. ROBINSON of Indiana. Subsequent to the payment, under Mr. RAY of New York. A judicial decree will be conclusive the provisions of this bill, to the respective parties? ·evidence. Mr. RAY of New York. What the effect of that would be would Mr. WHEELER of Kentucky. That is what I am talking about. depend altogether upon which party obtained the divorce. If the Mr. RAY of New York. If a proper court has decreed that the soldier himself should apply and get a divorce from the wife on soldier has deserted the wife, that will be taken as conclusive evi the ground of infidelity, that would be pretty conclusive proof dence. that she was not a woman of good character, and in that case, of Mr. WHEELER of Kentucky. That ought to be. course, she would not be entitled to any part of the pension, and Mr. RAY of New York. And would be conclusive until it was the children would be if the father deserted them. The bill au set aside. tbor~es the Commissi~ner of PensioDE to investigate the matter, :Mr. TALBERT. I desire to ask the gentleman if the Commis and If he finds that, Without cause, the soldier has deserted the . sioner of Pensions has recommended this legislation? wife, or the wife and children, or the children, that then, if she is Mr. RAY of New York. He approves it, and certainly there is a woman of good character, during the continuance of that deser -not a citizen of the United States of good moral character that tion he may pay one-half of the pension to the wife, or to the wife does not approve it. and children, or to the children if there is no wife. Mr. TALBERT. Is this a unanimous report of the committee? ;Mr. ROBINSON of Indiana. Would it be paid to the wife sub Mr. RAY of New York. Yes, sir. sequent to the divorce of one of the parties in any case? Mr. NORTON of Ohio. There is one suggestion I desire to Mr. RAY of New York. Why, certainly not, under this bill. make to the chairman of the committee. I am heartily in favor Mr. NORTON of Ohio. Mr. Speaker, I desire to offer the fol of the bill, but a thought has struck me of an amendment that I lowing amendment. hope the chairman will agree to. Suppose the mother shall desert The SPEAKER. Does the gentleman from New York yield to the children of the soldier-and a case has come to mind just the gentleman from Ohio for an amendment? now-ought not e bill to be so amended as to give the amount Mr. RAY of New York. No, I do not; the gentleman was to the children in ~at case? present and voted for the bill as it was amended, and the amend · Mr. RAY of New York. Oh, you might provide for every pos ment suggested will only tend to confuse the bill. sible contingency; but it is very clear in case a father deserted a Mr. NORTON of Ohio. I think not. · wife and children, and then the mother deserted the minor chil- Mr. RAY of New York. Let me look at it. 4052 OONGRESSIONAL RECORD-HOUSE. APRIL 18,
Mr. NORTON of Ohio. I will read it. It is to strike out the rliscovery of the Western Continent by Christopher Columbus. Whenever the att-ention o! Spain has been diverted from this colony, the people haTe words " one-half " and insert the word " all." prospered and made rapid advancement; but no sooner has considerable Mr. RAY of New York. Oh, that would never do. progress been made in Clvillzation an-d the accumulation of wealth than the Mr. CONNOLLY. Will the gentleman from New York allow oppressive hand of the mother country has been placed on this people and me a question? oppression of the men and brutal and bestial outrage of the women has fol· lowed, while every form of taxation has been resorted to to rob the people Mr• .RAY of New York. Certainly. of the fruits of their ton and keep them in a condition of abject servitude. .Mr~ CONNOLLY. How would your bill affect a case of this This .oppressed people has struggled for a good government, which has been repeatedly vroiDlSed but never given. A few years ago a Onban rebel· kind: Suppose a husband abandons the wife and she obtains a lion promising success was only subdued by pledges of reform, but no sooner divorce for abandonment. Under your bill would one-half of had the rebels laid down their anns than every promise was broken, every the pension of the husband be paid to the wife after the divorce? assurance disregarded, and every form of outr~e resorted to. Mr. RAY of New York. If the husband deserted the wife and In the struggle for liberty now in progress this people has been subjected to almost every form of barbarity. The men have beOn treacherously m~ left her without means of .support-- dered, the fair women and beautllul girls have been the victims of the lust· Mr. CONNOLLY. And she obtained a decree of divorce. of brutal Spanish soldiers, and finally the old men, the women. and children Mr. RAY of New York. And then she goes to work and gets a have been herded like cattle and then starved. It is stated to-day that Spain I!OW promises to turn these weak people into the barren an-d desolate fields to decree of divorce on the ground of desertion, I think it would. It secure food if they can. If they go now, it is to die in the open woods and would in some States, · swamps, for food is not to be had. Mr. CONNOLLY. Suppose she married somebody else Those whose words are not doubted. and recently from the island, tell us that haggard, starving mothers sit with their starved and dead babies in Mr. RAY of New York. I do not know that I understand the their arms, waiting for liberty or death, while .Spanish fiends gloat over their gentleman clearly. misery. Mere boys, who shout for liberty, are shot by Spanish oldiers. Mr. CONNOLLY. I understand the bill provides in case the This is but a.n incident in Spain's mode of exterminating a people she can not conquer. The United States will permit no interference by any European husband deserts the wife-- power. The time is a.t hand when she herself must interfere, for true Amer Mr. RAY of New York. If the wife should get a divorce from Icanism can tolerate no more of this barbarity. But a. few weeks since a the husband on account of.desertion, and the law of the State per magnificent warship of the American Navy made a friendly visit to the har bor of Havana.. She was taken in charge by a Spanish pilos an officer of mitted an absolute divorce, dissolving the bonds of matrimony, Spain, conducted to a.n anchorage but little used, and placed directly over a for that eause she would no longer be bis wife and therefore submarine mine planted by Spanish officials, and the exact location of which would take no benefit under this bill. must have been known to the Spanish Government. The r-epresentative of the Spanish nation in Washington, while beguil~ Mr. CONNOLLY. Does your bill provide for a case of that our Executive with smiles of :P,retended friendship and promises of immedi kind? n.temeasures to end the hornble condition of affairs in Cuba., was writing Mr. RAY of New York. Certainly, the way it is worded; but and s.ending to Spain letters abusing the loved and respected Chief M.a.gis in trate of this Republic. Caught in the act. he was re!luested to quit our take it New York State, where desertion is not a ground for shores, but while he yet lingered there came the appalling news that "the absolute divorce, but is a ground for separation from bed and Maine is blown up and hundreds of brave and patriotic seamen have been board; then they .are still man and wife, and the wife might get sent to the presence of their M.ak.er without a moment's warning." Spain the liberty that such a decree would give her and still be shal1 be accepted into the service. In case a soldie1· has a physical mentis filed in the Pension Department, or within thirty days thereafter, a certified copy of the same shall be transmitted to the pensioner whose pen· disability, and yet one which enables him to serve. he will con sion is ~ught to be B? withh~ld, SllSpended, n:todified, or canceled, and the tinue to draw his pension. · No'v~ let me illustrate. During the case assigned to ~ ~ exammer of the Pension Department for investi.ga late war a great many men had an arm shot off, or it was ampu tion. Such~ e~aminer shall, a3 soon as practicable thereafter, and having first gwen such pensioner and the person making such Statement at tated, like Gen. Phil Kearny, who, I think, lost an arm in the least twenty days' notice thereof. in writing, proceed to take such evidence as Mexican war; he was still continued in the United States service, may be submitted to him t-ouching the merits or such .case. All such evi· and was a magnific.ent officer and soldier. Now, in a case like that, dence shall be reduced to writing, and shall be by question and answer under oath, in open session, and such pensioner shall be privileged to a-ppear suppose that a man in the late civil war lost an arm or a leg and at sue~ investigation in person and 'Dy attorl:!-ey, and given full and frur op still his services would be valuable in case we have a war, as drill portunity to hear all testimony and face all Witnesses, to cross-examine and master or in charge of a post, he would do the same duty as an to rebut or BUbstantiate any fact.s alleged or disputed. Such investig~tion shall be conducted at the county seat of the county in which the person . able-bodied man; and if he is accepted into the service, he is to affected resides, and the depositions of witnesses residing outside of said draw his pension. county shall be taken as near as may be in aecord:mce with the practice of That is all there is to the bill. It can not benefit but very few the State or Territory in which said witness resides. When said investiga tion shall be concluded by said examiner, a full report thereof, in writing, of the old veterans, but it may benefit many scattered through shall be made by him to the Commissioner of Pensions, who shall determine the land who may obtain a position in the Army in charge of a the case.. post or for the purpose of drilling troops or any other purposes, If said charge is sustained, then said pension shall be withheld, modified, suspended, or canceled, as the Commissione-r of Pensions shall determine; and who may be very valuable to the nation because of their ex but no pension shall be withheld, suspended, modified. or canceled until a perience in war and their acquaintance with the tactics of the full determination of said investigation. The right of appeal shall remain as now allowed by the Pension and Interior Departments. ~l· SULLIVAN. The point of my inquiry was whether the SEO. 3. That all acts or parts of acts inconsistent herewith or repugrumt bill was limit-ed to any particular class or whether it affected all to the provisions of this act are hereby repealed. classes. The explanation of the gentleman makes it clear that it The amendments reported by the committee were read, as is immaterial to what class he belongs, although, of course, the follows: general presumption is that it would not apply to persons draw . Strike out in line 23, page 2, after the word '-'the," at the beginning of said ing pensions on the ground of great physical disabilities. line, the following: "county seat of the county in," and insert in lieu thereof the following: "town or post-office nearest." Mr. RAY of New York. That is true; and there would be only Also~ insert after the word "and," in line 24, page Z, the following: "at exceptional cases. his residence. if he is unable to leave the same, and." Mr. MOODY. I desire to ask the gentleman from New York a Mr. TALBERT. I ask that the report be read. question, based upon a letter of inquiry which I received to-day Mr. RAY of New York. I call for the reading of the report in from a veteran. I wish to know whether there is anything in the my time. I do not wish to occupy the floor. existing law which upon the reenlistment of a. veteran would The report (by Mr. SAMUEL W. SMITH) was read, as follows: either forfeit or suspend his pension? The Committee on Invalid Pensions, to whom was referred the bill (H. R. Mr. RAY of New York. Yes, sir; that would be the effect; 80) pr?viding procedure in certain pension cases, respectfully su bnii:t the n.nd it is the object of this bill to prevent that, in case such a man followmg report: · This measure seeks to prevent a..ny pension from being withheld, suspended, is accepted into the service. modified, or canceled when once the same shall have been adjudicated and Mr. RIDGELY. I think the bill onght to pass. I have a few allowed, except for fraud, clerical error, mistake of !a.ot. or recovery from letters from old veterans bearing upon this question. disability. In the event any effort is made to seek a modification, cancella Mr. RAY of New York. The commander of the Grand Army tion, or snspension of any such pension, some responsible person must first m.alre decla.ra.tionin writing of thecauseswhysuch pension should be so mod· of the Republic for the State of New York was here, and called tiled, canceled, or suspended, and the pensioner shall be allowed an opportu· mv attention to this matter when the bill was introduced. Grand nity to be heard. Afmy men and old veterans all through the country are in favor The procedure for the investigation of any such J.>roposed modification is simple, direet, and just. The machinery of the PenSion Department already of the measure. in force in the division of special exammation t~es charge and prosecutes Mr. FITZPATRICK. Will the bill apply to any-<>ther persons such inv-estigation by directing an officer of the Department alrrody in the than to those drawing pensions? Is it broad enough to cover sol field to proceed to the town nearest the residence of the pensioner, and there, by depositions, reduce to writing all information that be may find both for diers who may hereafter draw pensions? and against the proposition of such proposed modification, cancellation, or Mr. RAY of New York. It will not apply to anyone unless he SllSpension of said pension. This examination is had after due notice to the is receiving a pension before his service in the Army begins. party and witnesses in interest, and may be pursued in :my locality where If any witnesses mar, t:eside.. Such evi'Qence shall then be repot:tOO to the De· Mr. FITZPATRICK. I understood the reading of the bill partment, where 1t 1B eorundered :md passed upon under the dll'ection of the correctly, it applie.s only to those persons who are now drawing Commissioner of Pensions. pensions. No additional officers of the Government are provided for by the bill. No additional expense other than that already provided for the exnense of Mr. RAY of New York. Or to those who may her-eafter draw 'the special examination division is intended, and no pension which 1:iB.s here pensions. It applies to anyone who has been allowed a pension tofore been modified, suspended, or canceled is sought to be restored by this before actually entering into the service. bilL The clear and avowed purpose of the measure is to put at rest all fur ther anxiety and disturbance of mind of pensioners who may- fear that they Mr. FITZPATRICK. That is satisfactory. may be called upon without proper notice and time in which to defend the Mr. CLARDY. Is there anything in the present law that would pensions which have already been granted them. It guarantees to the sur deprive these soldiers of their pension if they joined the Army? vivor of the rebellion, whose a-verage age is now about 60 years and who holds Mr. RAY of New York. Certainly; and that is the reason the a certificate of the Government entitlirig him to a I:~:~n, that security and ~ of mind which should come to hiiri in his dec · · years. bill is presented. No effort is sought to evade the right of the Government to modify, sus· Mr. Speaker, I move the previous question, and call for a vote. pend, or cancel any pension where the same has been obtained through frand Mr. GIBSON. I give notice that if the previous question is or where an honest mistake of fact on which such allowance was based has been made, nor where there shall be a recovery fr6m the disability. But voted down I shall ask to offer an amendment reyea.ling the law where the pensioner has been granted his certificate after a thorough inves which prohibits Confederate soldiers from drawmg pensions. I tigation on the part of the Government, who has required the most careful hope the previous question will be voted down. Now is the proper investigation of all evidence b;y:di1Ierent boards, it is only just and right that the burden of proof should shift to the shoulders of the Government when time to meet that question. it seeks to modify, eaneel, or suspend the finding which she herself has The previous question was ordered, and under the ope1·ation already ent-ered. thereof the bill was ordered to be engrossed and read a third time; It must be remembered that when these claims haye once been allowed and it was accordingly read the third time, and passed. all the papers and every line of testimony is retained in the files of the De pa~ent, and the penSioner~ p.ol~ nothing bu~ his certificate. E-ven The SPEAKER pro t-empore. Without objection, the amend the witnesses who have furnished this eVIdence have m a great majority of ment to the title will be agreed to. cases become scattered, taking up their abode in their old age roth their chil~en, l~g their i~en~ity among .thei!. comrades, or have died. The There was no objection. pens1oner himself has dismissed from his mmd all knowledge of details upon On motion of Mr. RAY of New York, a motion to r-econsider which his claim was o~y based, and in too many instances, by reason of the vote by which the bill was passed was laid on the table. a~e and the very disabilities for which he is pensionedt.has lost his mental VIgor and is no longer able to conduct a second case in aefense of his claim. BUSPENSIO:N OR CANCELING OF PENSIONS, Such \;ing the well-established facts, the Government can not afford to place upon his shoulders the responsibility and burden of defending his right to Ml·.RAYof New York. Inowcall up the bill(H.R.80) provid the claim whenever called upon. ing procclure in certain pension cases. The procedure provided by the bill requiring that such investigation shall be conducted by question and answer and allowing the party affected to be The bill was read, as follows: confronted by his aoonser in the light of day, as in all ordinary tribunals of Be i t enacted, etc., That from and after the passage of this act no pension justice, is fair and honest, and is no more than what the Government should heretofore granted or which may hereafter 'De granted under the pension do in such cases. L'LWB shall be withheld, suspended, modified, or canceled exce:pt for frau Mr. DOCKERY. I should like to hear an explanation. for the whole procedure is followed through the method now ob· Mr. TALBERT. I wish to know in what particular this bill taining in the department of the Bureau known as the special proposes to change the present method of procedure. examination division. If any individual knows that a soldier Mr. RAY of New York. It does not change it to any great has been receiving from the Pension Office a pflnsion to which he extent, but it provides clearly and explicitly that before any pen· was not entitled, or if it shall appear to anyone who brings the sion shall be taken away the pensioner shall have twenty days' charge that this pension has been granted through a mistake of notice to enable him to prepare for the hearing; that if he is un· facta or fraud, he should have the confidence in his own opinion able to leave his home, the parties conducting the proceedings to express himself and support his allegation by proper proof and shall go to his home, otherwise to the nearest post.office; that the not undertake to pl;1ce the responsibility of his charges upon the witnesses who are within reach shall be called; that each party pensioner by anonymous letters or other such practices and take (the Government and the soldier) shall have the right to examine from the soldier the pension he has been drawing without giving and cross-examine; that the evidence shall be reduced to writing him an opportunity of being heard in his own defense. and sent on to the Pension Bureau, where it will be preserved. I repeat, then, that it is only just and right, where the pensioner If the witnesses do not reside where they can be reached other· bas been granted a certificate after a thorough investigation by wise, an officer is to be sent to take their evidence in writing, with the Government, which retains all of the evidence before the dif· the privilege of both parties to examine and cross·examine. ferent boards, that it is but just and proper that the burden of Mr. TALBERT. The bill dispenses with the necessity of the proof shall be put on the shoulders of the Government when, on pensioner coming here to defend his right? allegation by anonymous letters or otherwise, it seeks to modify, Mr. RAY of New York. He is not obliged to come·here; and cancel, or suspend the order already entered. After a charge has there is nothing like an ex parte proceeding. 'l'he bill gives both been filed against the pensioner-after some person who claims to the Government and the soldier a chance to be heard in the pro. have discovered that the pension was improperly granted has had ceeding. the manhood to file the charge before the proper officers of the As the gentleman from Indiana [Mr. OVERSTREET] introduced Bureau, he should also have the manhood to follow up his charges this bill, and may really be said to be ita father, I will yield to by presenting the proof in support of the same. him ten minutes, or longer should he desire more time. In the second place, no person, after a pension has been sus· Mr. OVERSTREET. Mr. Speaker, the purpose of this bill, pended by the Commissioner upon the investigation on satisfac· primarily, is to put at rest that anxiety and suspense which every tory proof, shall have a right to receive the pension under this pensioner now experiences from the fear of having his pension bill. But yon can deprive him of a pension only when it is estab· taken from him without an opportun,ity on his part to be heard. lished by proof that it should be withdrawn from him. In other The difficulty about the present law, or rather the lack of words, it simply puts the pensioner and the Government on a. definite provision of law, is that the Pension Department may at common plane, which obtains in every justice's court throughout any time merely suspend t~e .pension, g!.~g the. pensionez: a n~· the United States, namely, that the pensioner has a ri~ht to be tice that unless he shall, within a fixed limit of trme establish his confronted by his witnesses; he has a right to be heard m contra· continued right to the pension or show why it should not be sua. diction to the charge that he is not entitled to the pension, and pended, it will be canceled. after all the testimony has been heard it leaves the disposition of Mr. DOCKERY. Under the present law he has thirty days. the case, upon the proof, to the Commissioner of Pensions for Mr. OVERSTREET. Yes; thirty days under the present law. competent adjudication and determination. But, Mr. Speaker, the difficulty is that the pensioner having If then it is found that there has been a mistake of fact, or that established his case primarily and got his pension, has dismissed there has been fraud perpetrated, or that there has been a recovery from his mind the details of the testimony on which he relied from the disability, thereupon the Commissioner exercises the originally. His ~tnesses whom he called upon for the ex~m· right to modify, suspend, or cancel the pension. ination in the first mstance are scattered Thousands of old soldiers Mr. TALBERT. I see this bill has a repealing clause. throughout the country who have rendered benefits mutually to Mr. OVERSTREET. Yes; everything I'epugnant to it is re each other in this respect have changed their residences and taken pealed. up their abode with their children living elsewhere, and in many instances these men in old age have lost their identity with their Mr. TALBERT. How does it compare with the present form old corru·ades in arms and it is impossible in many cases to find of procedure? their post-office address, and therefore it is not possible to obtain Mr. OVERSTREET. The difficulty is that there is no proce anew the evidence on which to base the claim for pension under dure fixed by law. the new proceedings inaugurated by the Office. Mr. TALBERT. I am not opposing this bill. This bill merely shifts from the pensioner the burden of proof onto Mr. OVERSTREET. The practice which obtained very disas~ the shoulders of the Government. Primarily he has had to prove trously in the last Administration was that notice was given to his case before all of the different boards of the Pension Office the soldier to show cause, within thirty days, why his pension first the investigation of the Department; second, the examina. should not be dropped, and upon his failure to show cause his tion'of examining surgeons; then he has to pass before the board pension was dropped and the only method of its restoration was of review, the board of final review, and so on, before adjudica. by private act. . tion has been made of his case. Now, having taken the initiative Mr. TALBERT. This gives him a better opportunity? to establish the facts that the pensioner has a right to the claim, Mr. OVERSTREET. This gives him a better opportunity. the Government issues a certificate. Mr. TALBERT. Does it meet with the sanction of the Com missioner of Pensions? Every syllable of proof that has been produced, an~ that is on file is retained by the Pension Bureau, and the pensiOner has Mr. OVERSTREET. He approves it. nothu{O' except his pension certificate. That being so, when sub· Mr. SHANNON. If I am not mistaken, the sharp distinction sequently the Government seeks to modify, change, or annul, in between the present procedure and that provided for in the bill any way, that pension, or perha:ps to can~el it altogeth~r, it ~hould is that the burden of proof is shifted. be upon its shoulders to establish, by J?rimary proof, 1ts ~Ight t~ Mr. OVERSTREET. Exactly so. Under the present practice so modify change, or cancel. And allm the world that this modi· the burden continues on the soldier. Under this bill it is shifted fication of the law does, after the Government has, of its own to the Government. [Applause.] accord forced the pensioner to establish beyond all controversy Mr. RIDGELY. Is there any objection to an amendment be his right to a Jlension, is th~t it .shall take up and ~nitiate the pro. ing made to this bill that would bar the Government from raising, ceedings and must prove Its nght to thus modify, change, or at this late day, the question of disability existing prior to the canceL war or the soldier's enlistment? There is no disposition whatever, Mr. Speaker, to question the Mr. OVERSTREET. Well, I will say to the gentleman from right of the Government to modify or cancel pensions in all cases Kansas that personally I have no objection, but that is so different where there was fraudulent action in obtaining the pension or from the intention of this bill that I think it would be unwise to where a mistake of fact or anything of that sort is shown. It propose such an amendment at this juncture. admits all rights now in force to inquire into those two things Mr. RIDGELY. I should like to ask the committee if they and a:so to suspend a pension when the soldier has recovered have any objection to that amendment-will the committee allow from the disability for which the pension was originally granted. an amendment barring the Government from raising the question It only provides the procedure thro.ugh whic?- the f~cta are to be at this late day of previous disability and requiring the soldier ascertained and the methods by which the eVIdence IS to be taken to prove that he was in perfect health prior to his enlistment? in the investigation by the Government. It is provided that the Mr. RAY of New York. I will say to my good friend that that investigation shall be conducted by question a:nd a;nswer and al· question is already covered by a bill reported from the Committee lowing the person affected to be confronted With hiB accuser and on Invalid Pensions, which will be brought before the House at - hear the testimony. the very first favorable opportunity. Now, if this bill becomes a law, it does not restore to the pen· Mr. RIDGELY. I am glad to hear it. sion rolls any individual whose pension has been suspended. It Mr. RAY of New York. It would be out of place here. That does not add a dollar of expense to the expenses incurred already, is another question. 1898. \ CONGRESSIONAL RECORD-HOUSE. 4055 I Mr. RIDGELY. I should like permission to occupy two min one in the neighborhood of the pensioner wouJd dare to make an utes in stating a case in my district. allegation against a pensioner. He would not dare to make an Mr. RAY of New York. I will yield to the gentleman three affidavit charging him with fraud. My answer to that would be minutes. that any man in a neighborhood who has reason to believe and Mr. RIDGELY. It is both unfair and unjust for the Govern does believe that a soldier is drawing a pension fraudulently ought ment at this late day-nearly thirty-five years since the war to have the moral and physical courage to say so; and if he has closed-to raise the question as to whether a soldier was sound not, then he has no business to speak upon that subject at all. when he entered the service or not. I know a case which I wish But, passing that, which would be sufficient answer for me, I will to state, as it will have a bearing upon the law which we are as say this, that the bill does not contemplate anything of that kind. sured by the chairman of the committee will soon be presented It contemplates this: That before a pension shall be suspended, for our action. A totally disabled old soldier in my State was modified, or canceled some person shall make an allegation in drawing a pension of $24 per month for ihjuries to his hearing re some manner to the Commissioner of Pensions. cei vod in the service, according to the decision of the Department The Commissioner of Pensions will then send a special exam based on testimony gathered years ago. During the last Adminis iner to the neighborhood, who, without notice to the soldier or tration this old soldier was notified that unless he made proof pensioner, will carefuJlylook into the matter, and if he finds there within thirty days that some defect of his hearing, for which he is substantial evidence of fraud or wrongdoing, being an officer was drawing a pension, did not exist in degree before he enlisted of the United States and not living in that neighborhood, but at his pension would be canceled. The investigation took place. some remote point, he will reduce the charges to writing, verify All of the evidence that the soldier was able to present was fur them on information and belief, and perhaps partly on personal nished to the Department, and the pension was continued at that knowledge, and file the statement containing the charges. Then time. . the soldier has twenty days' notice in which to prepare to meet During the present administration that same old soldier re these charges, and the parties then go to trial upon the questions ceh-ed notice: "Unless you prove that your hearing was not in involved, the same as either you or I would go to trial on a crim any degree defective before you went into the service your pen inal charge in a question of fact in any court in Christendom. sion will be cut off at the end of -thirty days." Many of the wit That is certainly fair and just, not only to the soldier, but to tho nesses who had testified have since died, and the soldier was un Government. Now, then, does any other gentleman desire to be able to marshal sufficient evidence to satisfy the Commissioner heard? that his hearing was not in some degree defective at the time of Mr. RIDGELY. I would like to ask the gentleman if he thinks his enlistment. His pension has been cut off by the present admin that twenty days' notice is sufficient? istration, thirty-five years after the man entered the service, be Mr. RAY of New York. It is twenty days'· notice, and it is to cause the Government raised this question and seems to have be sent by mail to the town or post-office nearest which the per found some little evidence. son affected resides. I have read the testimony of the witnesses, and two of them Mr. RIDGELY. And it is twenty days from the time he re said that they remembered the man, and in their judgment his ceives the notice? hearing was somewhat defective, although they testified that they Mr. RAY of New York. Yes; twenty days' notice after receipt did not believe that the man himself was conscious of the fact of the charges. that he was somewhat hard of hearing. Yet this present admin Mr. RIDGELY. And then they examine the witnesses in his istration has cut off that old soldier's pension on the same charge neighborhood. that the last administration permitted it to stand. I say that we Mr. RAY of New York. Yes; and if they have to take evi should pass a law not only to restrain the present Commissioner, dence abroad, they do it as it is done in various States, appoint but all Commissioners of Pensions in the future, from raising any commissioners at those places, and witnesses for both parties are question at this late day to compel a soldier to prove his sound to be examined and cross-examined, and then the evidence is all ness previous to his enlistment, when the Government's medical sent in together. examiners accepted him and declared that he was qualified to Mr. Speaker, if no other gentleman desires to be heard, I move enter the service. the previous question on the bill. I hope the bill that we are assured by the committee will soon The previous question was ordered ; and under the operation be before us will be supported by everyman upon this floor. Let thereof the amendments recommended by the committee were us restore every pension that has been cut off for the above rea agreed to. sons, and forever put a stop to canceling pensions on account of The bill as amended was ordered to be engrossed for a third the physical condition of the soldier prior to or at the time of en reading ; and being engrossed, it was accordingly read the third listment. time, and passed. Mr. RAY of New York. Mr. Speaker, in order that there may On motion of Mr. RAY of New York, a motion to reconsider be no misapprehension whatever as to this bill and the force, ef the vote by which the bill was passed was laid on the table. fect, and propriety of it, I beg the indulgence of the House for a Mr. RAY of New York. That is all we have, Mr. Speaker. few moments while I explain the present law and the proposed law. One gentleman indicated to me that he was afraid it would COMMITTEE ON PATENTS. throw the bars down and the doors wide open, so that no pension Mr. HICKS. Mr. Speaker, I was absent in my committee room could be stopped, even when it had been granted by fraud, and when the Committee on Patents was called, and I ask unanimous that the bill is so framed that no one would dare or care to make consent to 1·ecur to it. an allegation against the validity of any pension. The SPEAKER pro tempore. The gentleman from Pennsylva Now, the present law on this subject is as follows; and it is an nia asks unanimous consent that the call recur to the Committee net approved December 21, 1893, and reads: on Patents, passed during his absence. Provided, That no pension heretofore or that may hereafter be granted to Mr. DOCKERY. What is his request? any a:pplicant therefor under any law of the United States authorizing the grantmg and payment oflensions on application made and adjudicated upon The SPEAKER pro tempore. The gentleman from Pennsylva shall be deemed and bel by all officers of the United States to be a vested nia requests a return in the call to the Committee on Patents. right in the grantee to that extent that payment thereof shall not be withheld passed during his absence. or suspended until, afterduenoticetothe~ranteeofnotless than thirty day~ the Commissioner of Pensions, after hearrng all the evidencel shall decide to Mr. DOCKERY. Mr. Speaker, I have no objection to that, annul, vacate, modify, and set aside the decision upon whicn such pension having an understanding with the gentleman that he will not was granted. Such notice to grantee must contain a full and true statement call up a certain bill. of any charges or alle~ationsupon which such decision granting such pension shall be sought to be m any manner disturbed or modified. The SPEAKER pro tempore. Is there objection? Now, you see, Mr. Speaker and gentlemen of the House, that Mr. McEWAN. I reserve the right to object. this does not provide for the taking down of the evidence in the The SPEAKER pro tempore. The gentleman will have to do· presence of a representative of the Government and of the soldier, termine whether he will object now. and the right of examination and cross-examination of witnesses. Mr. McEWAN. I will not make it upon condition of a bill It does not provide as to the place of examination. So that now not being brought up that has been attempted to be brought up soldiers are oftentimes put to great inconvenience, and the Pen several times and I objected to it. sion Office many times acts upon evidence that is not in writing Mr. HICKS. That is not going to be brought up. Mr. McEWAN. If it is understood that that bill is not to be and which the soldier has no opportunity to explain or to contro presented, I will not object; otherwise I will, certainly. vert. Now, calling attention to the bill itself, one gentleman sug Mr. HICKS. What bill does the gentleman refer to? gests that this language would throw the doorwide open. I read Mr. McEWAN. The one by which two or three hundred men from section 2: would be given undue advantages. Mr. HICKS. I will not inflict that bill on the gentleman to-day. That in every case where an adjudicated pension is sought to be withheld, suspended, modified, or canceled a full statement of all the facts, duly sworn Mr. DOCKERY. Thatisthebill thegentlemanagreedhewould to, shall be filed with the Commissioner of Pensions by the person or officer not call up. of tho United States making such allegation. The SPEAKER pro tempore. Is there objection? Now, my friend who brought my attention to this said that no Mr; McEWAN. Very well; I will not make any objection. 4056 OONGRESSIONAL RECORD- HOUSE. APRIL 18,· - The SPEAKER pro tempore. Is there objection? [Aft-er a CUBA. J>ause]. The Chair hearilnone, and the Clerk will call fhe Com The SPEAKER. The Chair submits to the Honse the followin"' mittee on .Patents.. · a-ction on the part of the Senate of the United States: o "TRADE~M.A.RKS QN BOTTLES, ETC. The Clerk read as follows: .Resolved, That the Senate ~ees to the amendment of the House to the Mr. IDCKS. Mr. Speaker, I desire to call up House bill No. 72, amendments of the Senate to _jgmtresolution (H. Res. 233) authorizing and to provide for the registration of trad~marks on bottles, siphons, directing the President of the United States to intervene to stop the war in butts, hogsheads, barrels, half barrels, casks, half casks, quarter Cuba, and for the ptil'pOse of establishing a stable and independent govern casks, kegs, boxes, tins, and other receptacles and vessels used in ment of the people therein. • commerve with foreign nations, or among the several States, or Mr. DINGLEY. Mr. Speaker, I move that the House insist and with the Indian tribes, or among or in the Territories of the ask for a conference, and upon tha.t I ask the previous question. United States, or with or in the District of Columbia, .and to pre The SPEAKER. The gentleman from Maine moves that the vent the fraudulent use of the same in such commerce. House insist upon its amendment and ask for a committee of cori;, The bill was Tead, as follows: ference, and upon that he moves the previous question. Mr. BAILEY. Ml·. Speaker, a parliamentary inquiry. Be it en.aeted, etc., 'I'hat .any and all persons, firm.s, and corporations en The SPEAKER. The gentleman will state it. gaged in manufacturing, bott.ling, pack:i.ilg, or selling soda water, mi:neral or , aerated waters, port€r, ale, beer, cider, ginger ale, Inil.k, ~small beer Mr. BAILEY. I desire to inquire if a motion to recede from lager beer, weiss beer, white beer, or other beverages, or mediemes, medieai the House amendment and concur in the Senate amendment does preparations, perfumery, compounds, mixtures, or other articles of mer not take precedence over the motion of the gentleman from Maine chandise in bottles, siphons, butts, hogsheads, barrels, half barrels, casks, ba.lf casks, quart€r · casks, kegs, boxes, tins, or other receptacles or vessels, toim;ist? with his, her, its, or their name or names or other marks or devices branded, The SPEAKER. The Chair will examine that matter. stamped, engraved, etched, blo~_.,:,impressed, or otherwise produced upon Mr. BAILEY. I desire, while the Chair is examining it, to call such bottles. siphons, butts, hogsneads, barrels, half barrels, casks, half the Chair's attention to a decision in the ~wenty-ninth Congress, casks, quarter casks, kegs1 boxes, tins, or other receptacles or vessels used by him, her, it, or them m commerce with foreign nations, or nmong the on page 696 of the J onrnal of the first sessiOn. several States, or with the Indian tribes1-.?r among or in the Territories The SPEAKER. Does the gentleman mean the Twenty· ninth of the United Stat€s, or with or in the uistrict of Columbia., may obtain •.. registration of such name or names or other marks or devices so used, as fol Congress or the Twentieth Congress? lows: .Any such person, firm, or corporation may file in the Pat-ent Office of :Mr. BAILEY. In the first session of the Twenty-ninth Con· the United States, to be recorded, a written statement specifying the name, gress this identical question arose. domicile, citizenship, place or places of business, and post-office address of ·' such J)Eirson, firm, or corporation, and giving a description and a facsimile The SPEAKER. The Chair had the Digest of the Twentieth of the name or names, or other marks or devices so used by him, her, it, or Congress, but that decision does not seem to be applicable. .,; tbem1 respectively, and the usual name of the article or articles manufac- Mr.. BAILEY. The.precedent cited in the Tw-enty-ninth Con tll'. eu, bottl'Eld, packed, or sold by such owner in such bottles, siphons, butte, gress 1s the very question-the Senate amended the House bill and :.~.· ogsheads, barrels, half barrels, casks, half casks, quarter caskB, box.es, kegs, tns, or other receptacles or vessels, said statement declaring that such per the Honse amended the Senate amendment. JOn, firm, or COI'lloration is, at the time of such filing, the owner of such The SPEAKER. The Chair was satisfied upon general princi· bottles, siphons, butts, hogsheads, barrels, half barrels, c.asks, half casks, be cr.uarter casks, kegs, boxes, tins, or other receptacles or vessels, and that ples that a motion to recede would in order, but his attention tne same are used in commerce with foreign nations, or among the several however, was called to the Digest, which, it seems, made an incor~ States. or with the Indian tribes, or among or in the Territories of the rect reference; probably was intended to refer to the Twenty United States, or with or in the District of COlumbia, and that such person, ninth Congress instead of the Twentieth, and the precedent is in firm, or corporation has at the time a right to the use of such name or names, or other marks or devices, sought to be registered, and that no other accordance with the general principles. person, firm, or corporation has the right to 'SUCh use, either in the identical Mr. BROMWELL. Mr. Speaker- form or in any such near resemblance thereto as might be calcnlated to de The SPEAKER. Does the gentleman rise to make a motion to ceive; and said statement shall be sworn to by such person, or by a member of such firm, or a:q officer of such corporation before a notary: public or other recede- · officer competent to admiuister oaths, who shall attach his otficial seal to the Mr. BROMWELL. 1\Ir. Speaker, I move that the House recede same: Provided, howevet·, That for each such statement so filed, and at t-he from its disagreement to the Senate amendments and c.oncur time tho same is filed. the person. firm, or corporation filing the same shall pay into the Treasury of the United States the sum of S25 as a fee for such therein, and on that I move the previous question. registration, and shall comply with such regulations as may be prescn"bed The previous question was ordered. by the Commis..<>ioner ai Patents: Provided furlhe:r, That no registration shall The SPEAKER. The question is on the motion of the gentle be allowed under this act except by persons, firms, or corporetions domiciled in tho United States or located in any forei!Pl: country, or tribes which, by man from Ohio to recede and concur. As many as are in favor of treaty, convention, or law, afford 1:1imilar privileges to citizens of the United the question will, when their names are called, say" aye"- ...;tates. Mr. BAILEY. Mr. Speaker, I demand the yeas and nays. SEc. 2. That when an¥ registration has been made as provided in section 1 of this act the CommiSSloner of Patents may issue a certificate in the name The SPEAKER. The Chair supposed the yeas and nays would of the United States of America, tmder the seal ai the Department of the In be asked for. terim·, and signed by said Commissioner, stating and specifying the name. The yeas a:nd nays were ordered. place, or placj:ls of business, and post-office address of the person, firm, or corporation obtaining such registration as ownel\ and giving a description The SPEAKER. As many as are in favor of the proposition of the re~stered name or names~,. or other marks or deVIces, so used on such that the House shall recede and concur with the Senate will, bottles, s1phons, butts, hogsheaas, bauels, half barrels, casks, half casks, when their names are called, say "aye," and those opposed 'no." quarter casks, kegs, boxes, tins, or other receptacles or vessels fully as set The Clerk will call the roll. · forth in said statement filed under section 1 of this act. and such certificate shall state that such name or names, or other marks or devices, have been The question was taken; and there were-yeas 146, nays 172, registered by such owner in accordance with this act, giving the title and answered "present" 3~ not voting 34; as follows: . date hereof. Such certificate of the Commissioner of Patents shall, in any prosecution under this act, be prima facie evidence of registration in accord YEAS-14U. ance with this n.ct and also prima facie evidence that the person, firm, or cor Adamson, Cummings, Lanham, Sayers, poration EO registered as owner is the true owner of the bottles. siphons, Allen, Davey, . Latimer. Settle, butts, hogsheads, barrels, half barrels, casks, half casks, quarter casks, kegs, Bailey, Davis, Lentz, Bbafroth, boxes, tins, or other receptacles or vessels, the name or names, or other marks Baird, De Armond, Lester, Shuford, or devices, on which have been so registered. De Graffenreid, Lewis, Ga. Simpson. ·SEc. 3. That after the name or names, or other marks or devices, which ~ead, De Vries, Lewis, Wash. SimS, appear on any bettles, siphons, butts, hogsheads, barrels, half barrels, casks, Barlow, Dinsmore, Little, Slafden half casks, quarter <'asks, kegs, boxes, tins, or other receptacles or vessels Bartlett, Dockery, Livingston, Sm1th,Ky. have been registered as provided in sec-tion 1 of this act, any person, firm, or Belknap, Dorr, Lloyd, sl;j)~an, corporation who shall use in traffic any such bottles, siphons, butt.-., hogs Bell, Driggs, Lorimer, s . gs, heads, barrels. half barrels, casks, half casks, qnartet' casks, kegs, boxes, tins. Benner,Pn. Elliott., Love, Stark, or other receptacles or vessels, or make the same the subject of commerce Benton, Ermentrout, McClellan, Stephens, TeL with foreign nations, or among the several States, or with the Indian tribes, Bodine, Fitzgerald, McCormick, Stokes, or among o~· in the Territories of the United States~ or with or in the District Botkin, Fitzpatrick, McCulloch, Strowd,N.a of Colombia, shall be guj]ty of ami demeanor, ana upon conviction thereof Bradley, Fleming, :McDowell, Sullivan, shall pay a fine of not more than $300, or be imprisoned not more than four Brantley, Fox., :McMillin, Sulloway, months, or both, at the discretion of the court. . Brenner1i0hio Gaines, McRae. Sulzer SEc. NAYS-172. The SPEAKER. The ayes have it. Aclleson, Davidson, Wis. Johnson, Ind. Mr. BAILEY. I call for a division. Adams, Dayton, Joy, to Aldrich, DinJ:dey, Kerr, &y, The SPEAKER proceeded co~t the House; but before the Alexander, Dolliver, Kirkpatrick, Reeves, count was concluded, · =·Robbins, Arnold1 Dovener, Knox, Mr. BAILEY said: Mr. Speaker~ to save time, I withdraw the fubcoc.s::, Eddy, Kulp, Royse, call for a division and will not ask for the yeas and nays. Baker, ill. Ellis, Lacey, BuSsell, Baker, M.d. Evans, Landis, Shannon, So the motion of .Mr. DINGLEY was agreed to. Barber, Faris, Lawrence, Shattuc, On motion of Mr. DINGLEY, a motion to reconsider the last Barham, Fischer, Littauer, Shelden. vote was laid on the table. Barney, Fletcher, Loud, Sherman. Barrett, Foote, LoudenslageJ; Showalter, The SPEAKER. Members who desire to engage in conversa Ba.nows, Foss, Lovering. Smith, ill tion will retire to the cloakrooms; and the House will come to Bartholdt, Fowler, N. J. Low, Smith,S. W. order. Belden, Gardner, Lybrand, Smith, Wni. Alden Belfor-d, Gibson, McCall, Snover, Mr. BAILEY (after a pause). Mr. Speaker, has :the Chair ap Bennett, Gillet, N. Y. McCleary, Southard, pointed the conferees? Bishop, Gillett, Mass. McEwan, Southwick, The SPEAKER. The Chair has not yet appointed the conferees. Boo2e Graff, Mcintire, Spalding, Bonteh, ill. Griffin, Mahon, Sperry, Mr. BAILEY. Is the Chair waiting nntil they are appointed Boutelle, Me. Grosveno~ Marsh, Sprague, before further business is proceeded with? Brownlow, Grout, Mercer, Steele, The SPEAKER. The House will meanwhile proceed with busi Brumm, Grow, Mesick, Stevens, Minn. ness. Bull, Hager1 Miller, Stewart, N.J. Burleigh, Hmn:ilton, M¥ls. Stewart, Wi& Mr. BAILEY. If there were no reason to the contrary, I was Burton, Harmer, Minor, Ston-e, 0. W. going to demand that the House proceed with other matters; but Butler, Hawley, Mitchell, Stone, W.A. in view of the fact that the Chair was waiting- Cannon~ Heatwole, Moody, Strode, Nebr. Capron, Hemenway, Morris. Sturtevant, The SPEAKER. The appointment of conferees can be made Chickering, Henderson, Mudd, Tawney, and announced at any time; other business may be interrupted for Clark, Iowa Henry, Conn. Northway, Tayler. Ohio the announcement. Clarke, N. H. Henry, Ind. Odell, Thorp, Cochrane,N. Y. He-pburn, Olmsted, Tongue, Mr. BAILEY. What I was trying to arrive at was whether Connell, Hicks, otjen, Upd~graff, there is any good reason why business should be in a state of sus Connollv, Hilborn, Overstreet, Van Voorhis, If so, I willing this condition shall continue. If Corliss,· Hill. Packer, Pa. Walker, Mass. pense. am that Cousins, Hooker, Parker, N.J. Walker, V& there be no reason-- Crump, Hopk:i:ns. Payne, Wanger, The SPEAKER. The Chair has suggested that the business of Crumpacker, Howard, Ala. Pearce, Mo. Ward, the House go on. Curtis, Kans. Howe, Pearson, Dalzell, Howell, Perkins, w·w~J:~~th, · Pa. Mr. BAILEY. Then I will demand the regular order. Danford, Hull, Pitney, Yost, Davenport, J enki.ns, Prince, Yonng,Pa. TRADE-MARKS ON BOTTLES, ETC. ANSWERED "PRESENT"-3. The SPEAKER. The question is on the third reading of the Berry, Brewer, McAleer. bill, the title of which will be read. NOT VOTING--3!. The Clerk read as follows: Beach, Davison, Ky. McDonald, Skinner, A bill (H. B. 72) to provide for the registration of tra{].e-marks on bottles, Bingham, Fenton, Mahany, Strait, siphons, butts, hogsheads, barrels, half barrels, casks, half casks, quarter Bland, Fowler, N. C. Martin, Vehslage~ casks. ke~, boxes, tins, and other receptacles and vessels used in commerce Brewster, Handy, Meelrison, WadsWorth, with formg:n nations, or among the several States, or with the Indian tribes, Broderick, Hitt. MCer, La. Weaver, or among or in the Territories of the United States, or with or in the District Brosius, Hurley, 0 en, White, N.C. of Columbia. and to prevent the fra11dulent use of the same in such com· Codding, Ketcham, Os e, Wilber. , m-erce. Cranford, Kitchin, Powers, Curtis, Iowa Linney, Sau-erhering, Mr. McMILLIN. I ask consent that the bill be reported again. So the motion of Mr. BRoMWELL, that the House recede from its The SPEAKER. Without objection, the bill will be again amendment and concur in the Senate amendment, was rejected. read. Mr. BREWER. Mr. Speaker, I am paired with the gentleman Mr. HICKS. I think if my friend from Tennessee will hear the from Ohio, Mr. FENTON; and therefore I withdrawmyvote. Were report it will satisfy him in regard to this matter. The bill has he present, I should vote "aye." already been read at length. Mr. DOCKERY. My colleague, Mr. BLA11"D, has been ca.lled Mr. McMILLIN~ I only wanted to get some idea of the nature from the Hall on account of illness. If present, he would vote of the bill. ·If the r-eport shows that sufficiently, I am entirely "'aye.'~ willing that it be read instead of having the bill read again. Mr. BAILEY. My colleague, Mr. CRANFORD, is detained at Mr. BAILEY. I thought the question wa-s on the third reading home by sickness in his family. He sent to inquire of me after of the bill. · the former roll call if I thought there would he another one to-day. The SPEAKER. It is. If there be no objection, the Clerk will 1 did not think there would be, and sent him word to that effect. proceed with the reading. Mr. DALZELL. My colleague, Mr. BROSIUS, is detained from Mr. BAffiEY. I simply desire to say that if this matter will the Honse by illness. If present, he would vote "no.'"' occupy much time I would ask the Chair to appoint the conferees, Mr. HENDERSON. My colleague from Iowa, Mr. CURTIS, is in the hope that our conferees might, as soon .as possible, confer absent from the eity on important business. Were he present, he with those of the Senate, and that we may dispose of this matter would vote "no." before both Houses adjourn to-night. Mr. GROSVENOR. My colleague, .Mr. WEAVER, is unexpect The SPEAKER. The Chair desires to say that he expects of edly absent from the House. If present, he would vote "no/' I the House the usna.l courtesy with regard to his appointments. make the same statement in regard to my colleague, Mr. FENToN, It is not his purpose to delay the matter beyon.d what is necessary, who has not yet arrived. and whatever he may do, he again says, will be under the eyes of Mr. SULZER. My ·colleague from New York, Mr. VEHSLAGE, the Honse. 1B unavoidably absent. If present, he would vote "aye." Mr. BAILEY. And everybody on this side is entirely willing Mr. SHERMAN. My colleague, Mr. WADSWORTH, was called for the Chair to take a proper time; but I understood the Chair home on Saturday last on important business. Were he present, to say, in response to my inquiry, that the Chair was 1·eady to he would vote "no.» . name them at any time. Mr. LAMB. ThegentlemanfromNorthCarolina,Mr. KITCHIN, The SPEAKER. The gentleman misunderstood the Chair. who is unavoidably absent, would, if present, vote "aye." Mr. BAILEY. I did. !understood the Chair to say that. The following additional paii·s were announced: Mr. BOUTELLE of Maine. I ask for the regular order, Mr. Mr. KETCHAM with Mr. BLAND, on this question. Speaker, if there is any regular order. Mr. McDoNALD with Mr. MEEKISO~, on this vote. The SPEAKER. The Clerk will proceed with the reading of Mr. HURLEY with Mr. MEYER of Louisiana, on this question. the bill. The result of the vote was announced as above stat.ed. (Loud The bill H. R. 72 was again read. applausel. • Mr. IDCKS. Mr. Speaker, does any gentleman desire to make Mr. DiNGLEY. I now ask for a vote on my motion that the any remarks on this bill? If not, I ask that it be placed upon its House insist on its amendment and ask for a conference. passage. Mr. JOHNSON of Indiana. Mr. Speaker, I rise to a parlia The SPEAKER. The question is upon the engrossment and mentary inquiry. We have voted that we would not recede.. third reading of the bill. Now, if we should vote to insist, what would be the parliamentary Mr. HOPKINS. Before that is done, I think there ought to be status? some explanation: of this bilL The SPEAKER. The effect would be that the House would M.r. OORLISR I ask for th-e reading of the report. insist on its amendment to the am~ndment of the Senate, and Mr. HOPKINS. This is a matter of very great importance to would ask a conference. ~e manufacturing and commercial interests of the country, and. The question was put. -- - 1t ought not to pass this body without being well understood. 4058 CONGRESSIONAL RECORD-HOUSE. APRIL 18, :Mr. HICKS. I hold in my hand the report of the committee, mark a~ P!'ovided in the preceding se~tion, and upon payment of a fee of $25, giving, I think, full and sufficient reasons why this bill should 00. the CoiDinlssioner of Patents shall regiSter the same, nnd a certificate of such re~tra.tion, fully describing such trade-mark, shall be issned in the name of come a law. I can not express myself in better language than I the United States of America, upder the seal of the Department of the Inte· did in my report. I therefore ask for the reading of the report. rior, and signed by the Colllii;l.jssioner of Patents, and a full record thereof be The SPEAKER. The Clerk will read the revort. made and kept in books for that purpose. Copies of any such trade-marks, ~nd of the descriptions accompanying the same, and of the certificate of reg The report (by Mr. HicKs) was read, as follows: lf,ltry, when duly authenticated by the Commissioner or Assistant Conlinis The Committee on Patents, to whom was referred the bill (H. R. 72) to pro sioner of Patents, shall be received in evidence in all com·ts and by all officers vide for the registration of trade-marks on bottles, siphons, casks, etc., and of the United States, and shall be conclusive proof of the adoption and regis. other .-essels used in commerce with foreign nations or among the eeveraJ tration of such trade-marks. States, etc., submit the following report: SEC. 3. That every such t.rade-mark shall be used only under and in accord This bill is an important measure, and the subject-matter thereof was ance with such rules, regulations, and restrictions as may be provided by or carefully considered by the Committee on Patents, first by a subcommittee according to the laws of the State, Territorv, or District adopting and filing and then in general committee, and the voice of the committee wru~ unani the same, and upon go<>.ds, wares~ and merehandise produced, grown, or man· mous in favor of the speedy enactment of the measure into law. Tbis same nfactured therein, and upon pacKages and wrappers containing the same. measure was considered in the Fifty-fourth Congress by the Commlttee on SEc. 4. That every person who, contrary to the provisions of this act or to Inter.;;tate and Foreign Commerce, and that committee said in their report: the l~ws, rules, :r:egulations, and x:~trictions of any State or Territory or the "This measure is intended to protect not only the reliable manufacturers District aforesru.d, affixes the regiStered b·ade-ma.rkof such. State Territory' and merchants against the unlawful use of receptacles well known and estab or District, or causes or procures the same to be affixed, or any colorable lished in the markets as containing reliable goods, but also seeks to espe imitation thereof, calculated to deceive the pub~c1 to anl goods, wares or cially rreserve for the consumer the original article and prevent the substitu merc~andise which are or are intended for sale smpmen , consumption: or tion o cheap and spurious merchandise in ca.sks, boxes, and other receptacles use w1thout and beyond the boundaries of such State, Territory, or District, known to cuntain reliable articles of merchandise in the first instance. or !-0 any package or wrapper containing the same, shall be liable to an "This measure will extend the wise. provisions of the trade-mark to the action on the case for damages for the wrongful use of said trade-mark at casks, bottles, and other receptacles. The importance of its provisions haS the suit of the owner thereof; and the party aggrieved shall also have his been urged for many years by the leading business concerns, bOards of trade, remedy according to the course of equity to enjoin the wrongful use of such and commercial journals of the country. '.rhe Oil, Paint and Drug Reporter, trade-mark used in commerce with foreign nations, or among the several one of the leading trade journals, in the interest of its patrons has urged the States, or with the Indian tribes, as aforesaid, and to recover compensation adoption of such a law, and the necessity for the pa.Ssage of tllls bill seems therefor in any court having jurisdiction over the person truilty of such m·g~nt from the information received in the consideration thereof." wrongful act· and courts of the United States shall have origmal and appel Numerous petitions were presented to your committee, representing late jurisdiction in such ca-ses without regard to the amount in controversy. many industries and manufacturing institutions, all of which urge the ne SEa. 5. That every person who shall knowingly deal in, or sell, or keep, or cessity of the protection granted in the pendinoo bill. It is claimed by these offer for sale, or cause or procure the sale of, any goods, wares, or merchan industries and institutions that there is not in the law, as it now exists, ade dise, in order that the same may become, or after they have become, subjects quate protaction against the dishonest and fraudulent use of labels and trade of foreign or interstate commerce, to whicb, or to the package or wrapper marks. Genuine articles sold by honest dealers, under skillfully designed containing the same, there is fraudulently affixed any public trade-mark, as and selected trade-marks, are so frequently the subject of piracy and dis provided in this act, or any colorable imitation thereof calculated t.o deceive honest dealing that the public are continually imposed upon, as well as re the public, shall be deemed guilty of a. misdemeanor, and on conviction tail dealers, who have difficulty in distinguishmg the good from the bad and thereof shall be punished as provided in section 4 of this act. the real from the imitations. In view of the imJ?ortance of honesty and fair SEc. 6. That every person who fraudulently fills, or causes or procures to dealing in business and trade, and the vrotectlOn of the honest manufac be fraudulently filled, any package, or fraudulently uses~.or causes or pro· turer, who is proud of his "trade-mark" and name, from the fraudulent cures to be used, any wrapper to which is affixed anypubuc trade-mark reg· dea1et· who depends upon his ability to imv.ose his worthless articles tipQn an istered pursuant to the :provisions of this act, or any colorable imitation ~ unsuspecting public by reason of his ability to unlawfully approprjate an thereof Calculated to deceiVe the 'PUblic, With. any goods, waresJ or merchatl· honest trade-mark to further his imposition and fraud, it is, in the judgment dise, with intent to deceive or mislead any vurchaser or user or the same as of your committee, important to our l;Ilannfacturing industries that tliis bill to the~ true character, origin, or source, shall, if said goods, wares, or mer become a law, and they therefore urge its speedy enactment. cha~dise have become or are intended to become subjects of foreign or inter· state commerce or commerce with the Indian tribes, be deemed guilty of a Mr. HICKS. Mr. Speaker, this measure was reported to the misdemeanor, and on conviction thereof shall be punished as provided in section 4 of this act. Fifty-fourth Congress by the Committee on InU;lrstate and For SE<;J. 7.. ~at if any person shall brand, mark, stamp, stencil, label, name, eign Commerce. It was unanimou.~ly reported by t:Qat commit.. or describe any goodS, wares, or merchandise, or any package or wra;p-per tee and passed the House. In this Congress it was J;eferred to the containing the same, which have orrnay become subjects of foreign or inter ~tate commerce, in such manner as may be calculated to deceive or mislead Committee on Patents and unanimously reported from that com any purchaser or user of the same as to the true character of such goods mittee. We believe it to be a meritorious measure. I ask for the wares, or merchandise, or as to the place where they were grown, produced: passage of the bill. or manufactured\ ~r shall cause or procure the same to be done by others· or Mr. ROBBINS. I should like to ask the gentleman in charge if any person for mmself, or as the agent or factor for another, or as a mem- r of. any copartnership, or as a. manag~r, s~perinten~ent, agent, or repre of this bill whether it affects the liquor ~dustryof ~~ecoutrtryin nt:l.tlve Qf any corlJoratiOn, shall ha.ve m hiS possessiOn or under his con· any way? There was a bill recently passed authorizing th~ brand.. ~ol any goods, wares, or merchandise which he knows or has good reason to ing of corks, etc. I see this bill provides for labels and trade believe bear any public trade-mark, or any brand, mark, stamp, stencil, la~ ,name, or description, in contravention of the provisions of this act he marks on bottles. is gllllty1 of a misdemeanor, and upon conviction thereof shall be punished as Mr. IDCKS. I yield sufficient time to my friend, Mr. CORLISS, provided in section 4 of this act. of Michigan, the author of the bill, who can explain fully to my The Committee on Patents recommended the following amend.. colleague the object of the measure. ments: Mr. CORLISS. In answer to the inquiry of the gentleman, I The Committee on Patents, to whom was referred the bill (H. R. 4584) en· will state that the liquor associations desire the passage of this tltled "A bill to create State trade-marks and to protect foreign and inter measure, for the reason that under the prese~t cQndition of affairs state commerce," beg leave to submit the following report, with several amendments, and recommend that said bill do pass. when a cask or bottle is stamped as containing a recognized In Jine 12, page 3, section 4 strike out the words "owner thereof" and in liquor, there is now no protection under national law to prevent sert the words "State, Territory1 or District adopting the same." the substitution of a spurious article. .In line 13, page 3, section 4, strike out the word "his" and insert the letter Many of the States have this law, but if a person manufactures "a" therefor. In lines 16 and 17, pa~e 3, section 4, strike out the words "and to recover liquor or any other substance that is to be sold ip a cask or a bot.. compensation therefor. ' tle, he is not protected against the retailer taking the bottle or In line 10, page 4, section 5, strike out the words" section four of." cask which is supposed to contain good whisky or some oth~r In line 13 page 4 section 6, strike out the words "section four of." standard article, putting in a spurious article, and selling it to In lines 1B and 19, page 5, section 7hstrike out the words "as provided in ~~ttion four of this act," and insert t e words "by a. fine not to exceed the the public under the old label, thereby deceiving customers. sum of $1,000, or imprisonment not to exceed one year, or by both such fine There is a great deal of complaint against this sort of thing, and and imprisonment, in the discretion of the court." there is no doubt that this is a good bill. Mr. HICKS. Mr. Speaker, I move to amend this bill by striking The bill was ordered to be engrossed and read a third time; and out all of section 7 as it now exists and substituting therefor a. it was accordingly read the third time, and passed. penalty clause, which shall read as follows-- On motion of Mr. CORLISS, a motion to reconsider the last vote Mr. ROBBINS. Mr. Speaker, I should like to have order. This was ln.icl on tho table. seems to be a very important bill, changing the whole trade-mark STATE TRADE-MARKS, ETC. laws of the country. . Mr. HICKS. Oh, no. Mr. HICKS. Mr. Speaker, I now ask for the consideration of Mr. ROBBINS. We wanttohearsomethingaboutit, It seems the bill (H. R. 458~) to create State trade-marks and to protect to be a very radical measure. foreign and interstate commerce. Mr. HICKS. My motion is that all of section 7 as read be The bill was read, as follows: stricken out, and that a penalty clause be inserted, to read as Be it enacted etc., '.rhat in order to prevent the false branding or other follows: marking of goods~, wares, or merchandiSe, the product of an:y State or Terri tory of the Unitea States or of the District of Columbia, which are or are in In all convictions under this act the person or persons so convicted shall tended to become articles of foreign or interstate commerce or commerce be deemed ~ guilty of a misdemeanor, and shall be punished by a fine not to with the Ind.Utn tribes. the governor of any such State or Territory and the exceed Sl.OOO,or imprisonment not to exceed one year, or either or both such Commissioners of the District of Columbia lll'e hereby Mthorized and empow fine and imprisonment, at the discretion of the court. ered to adopt a public trade-mark each for his or their respective State, Ter I now move the passage of the bill with the amendment. ritory, or the DIStrict aforesaid, and file a. description and illustration of the Eamc in tho Patent Office of the United States· but no such trade-mark or Mr. DOCKERY. Has there been any general debate? label shall bo entitled to such registration which consists of or simulates the The SPEAKER. The Chair desires to suggest to the gentleman arms, seals, or other insignia of the United States, or of any State or munici from Pennsylvania that the section which he moves to strike out pality, m· of any foreign nation, or which is offensive to public sentiment or morals. has several amendments pending upon it. Action must fu·st be Snc.2. Th:lt upon thereceipt of any description and illustrationof a trade- taken upon the amendments. . 1898. CONGRESSIONAL RECORD-HOUSE. 4059 Mr. HICKS. Of course~ want to get it in the proper parlia The SPEAKER. It will be in order to recommit. mentm·y form. Mr. BARTHOLDT. I make such a motion. The SPEAKER. The question is first on the amendments be The SPEAKER. The gentleman from Missouri moves to re fore the motion to strike out is put. rommit the bill to the committee. Mr. DOCKERY. Mr. Speaker- Mr. DOCKERY. Pending that motion, I suggest to the gentle. Mr. HICKS. I want, of com·se, to get the bill in proper parlia man from Pennsylvania that some accommodation of differences mentary form. be made, so that the bill may be withdrawn. It does not seem to Mr. DOCKERY. This bill seems to-be a very important meas me that this is an opportune time to conside-r the bill. - ure. Mr. HICKS. I will withdraw the bill on the request of my Mr. HICKS. It is, and concerns important interests that in friend from Missouri and in view of the disposition of the House clude all the food producers of the country. not to consider the bill at this time. M1·. DOCKERY. Changing the law in respect to trade-marks~ Mr. BARTHOLDT. I consent to its being withdrawn, Mr. I am not familiar with this question, but it does occur to me that Speaker. the bill can very properly go over until the Honse is in proper con The SPEAKER. The bill is considered a.s withdrawn. dition for its consideration. Under existing sm·roundings a bill ~r: IDCKS. I would like fo~· it, however, Mr. Speaker, tore· of this importance, with a large number of sections, should be tam 1~ place and for the Committee on Patents to retain its place considered by the House. The committee is proposing to strike on the call of committees. out one section, so that it is apparent that the committee itself The SPEAKER. If there be no objection, the gentleman can bas found some objection to its own measure. I do not know any call it up at some other time and his committee retain its place. thing about the bill, but a gentleman on my right states that it There was no objection. changes the law relating to trade-marks so that States may estab Mr. RIDGELY. I would like to say a word upon this bill lish trade-marks; and objection js also made by one or two gentle itself, Mr. Speaker. men that jurisdiction is given to the United States courts without Mr. ARNOLD. It is withdrawn. reference to the amount involved. It is obvious, Mr. Speaker, Mr. RIDGELY. To the committee, not to the House. that it is an important measure, and I do not think it should be Mr. ARNOLD. Regular order! pressed for action until the House is in proper condition to con ORDER OF BUSL'ffiSS. sider it. Mr. RICKS. I will state, in reply to my friend, that this bill Mr. HICKS. I now call up for consideration the bill H. R. is pressed by the food-producing interests of the country. They 8620. have appeared before the committee and urged the enactment ot Mr. GROSVENOR. I move that the House do now adjourn. a measure such as this. The clause that we agree to strike out, The SPEAKER. Pending that, the Chair announces as con· section 7, is stricken out at the request of the wine and liquor ferees on the joint resolution relating to Cuba Mr. ADAMS, Mr. producers of the country, they claiming that it interferes espe HEATWOLE, and Mr. DINSMORE. cially with their interests, and we agreed, rather than have any Mr. BAILEY. A parliamentary inquiry. serious opposition here upon the floor and interfere with interests The SPEAKER. The gentleman from Ohio moves that the that we have no desire nor mtention to antagonize, that we will Honse adjourn. not insist upon the enactment of section 7, but insert a penalty Mr. BAILEY. Is it in order, pending the motion to adjourn, to clause instead thereof. I yield five minutes to the gentleman move to take a recess until 8 o'clock to-night. from New York [Mr. CmcKERING]. The SPEAKER. The Chair thinks not. Mr. CIDCKERING. I thank the gentleman, but do not desire Mr. BAILEY. Then the motion to take a recess can only be to take up the time of the House. The measure meets the re voted on if the motion to adjourn be voted down? quirements of the interests of my people fully. Mr. CANNON. A parliamentary inquiry. Mr. HICKS. The gentleman from New York fMr. CmCKER The SPEAKER. The gentleman will state it. :rnG] represents the dairy interests of New York State. The as Mr. CANNON. Now, on the appointment of this conference sistant secretary of agricultm·e of th'B.t State. the superintendent committee and it.c$ being reported to the Senate, if the Senate of the dairy and food commission of New York, and the repre should assent to the conference and appoint conferees, would not sentatives of the American Produce Exchange, of the city of New the Honse have to be so notified before the conference committee York and also of the State of New Yorlr, all appeared before the could go to work? Would the matter be in conference until both committee and urged the enactment of this _measure.· I believe bodies had assented? that this amendment which has been suggested to the measure The SPEAKER. The Chair thinks not. will not antagonize the food-producing interests and will in no Mr. GROSVENOR. I withdraw the motion. way interfere with the real object of the measure. There should E...'ffiOLLED BILLS SIGNED, be no serious objection to the enactment of the bill into law. The SPEAKER announced his signature to enrolled bills of the Mr. BARTLETT. How does it change the law? following titles: Mr. HICKS. It does not change the present law. S. 310. At act for the relief of Johnson Hays; Mr. DE VRIES. With that section out, there will be nothing S. 504. An act granting an increase of pension to Mrs. Christine that will interfere with the wine and liquor interests of the C. Barnard; . country? S. 603. An act granting a pension to Clarissa E. Hobbs· Mr. HICKS. Nothing. S. 1345. An act granting an increase of pension to Sarah Brumm· Mr. DE VRIES. And the practice of branding for Sauterne, S. 1466. An act granting an increase of pension to Ransom s: Burgundy, etc., will not be prohibited.by any provision of this bill? Angell; Mr. HICKS. No, sir. The gentleman from New York (Mr. S. 1467. An act gran~g a pe~sion to Adolphine Krez; and FISCHER] has examined the measure and agrees to it. He thmks S. 1751. An act granting an mcrease of pension to Moses M. with thjs section 7 stricken out there can be no objection to the Crants. bill. He can speak for himself. LEAVE TO PRINT, Mr. FISCHER. I want to ask the gentleman from Pennsyl vania a question. The question has been asked by friends about Mr. FITZGERALD requested leave to print on the resolution me. It relates to section 5. As I understand that section, it sim reported by the Committee on Foreign Affairs relating to the con· ply intends to prohibit the refilling of bottles and casks that are dition of affairs in Cuba. already marked and labeling them with other brands. The SPEAKER. The Chair desires to call the attention of the :Mr. HICKS. The gentleman correctly interprets that para House tha~ t~e gentle!Jla~ from Massachusetts [Mr. Fl''rZGERA.LD] graph of the bill. asks penmsswn to pnnt m the RECORD his views on the Cuban Mr. FISCHER. And section 7, towhichicalledyourattention, question. is obnoxious to the wine and liquor interests? Mr. SOUTHWICK. I object. Mr. HICKS. Yes, sir; that is your claim. Mr. ARNOLD. Mr. Speaker, I move that the House take a ro- Mr. FISCHER. And your committee has stricken it out, merely cess until8 o'clock, . inserting a penalty in its place? Mr. CANNON. Mr. Speaker, is that debatable? It seems to Mr. HICKS. Yes; I do this to prevent antagonism to the part m~ that the House message ought to get to the Senate in fifteen of the bill I am specially desirous of caring for, as already stated mmutes, and we ought to get a reply befot·e 6 o'clock. Then if by me. we do get that reply the matter will be in conference, and we Mr. DE VRIES. Section 6 also applies only to refilling, Is can take a recess or an adjournment jllBt as the HollSe thinks that not true? proper. Mr. HICKS. Yes, sir; that is correct. Mr. ARNOLD. I will withdraw the motion, Mr. Speaker. The SPEAKER. The question is on the committee amend REPRINT OF H. R. 7130. ments to the section that is proposed to be stricken out. Mr. SHERMAN. Mr. Speaker, I ask unanimollS consent for Mr. BARTHOLDT. Mr. Speaker, will it be in order to move the reprint of House bill7130 and the report thereon. to recommit the bill to the committee? Mr. McMILLIN. What bill is that? ·4060 CONGRESSIONAL .RECORD-HOUSE. APRIL 18, Mr. SHERMAN. It is the so called anti-scalping bill, and is CUBA. liable to be reached pretty soon, and we want a reprint for that reason. A message from the Senate, by Mr. PLATT, one of its clerks an• Mr. FITZGERALD. Before that 1·equest is granted, Mr. nounced that the Senate had insisted upon its disagreeme~t to Speaker, I desire to ask the gentleman from New York (¥:r. SHER· the amendments of the Honse to the amendments of the Senate :MAN] how much notice members will get before that bill is called to the joint resolution (H. Res. 233) authorizing and directing up? It is a very important bill, and I think we ought to have ~he President of the United States to intervene to stop the war some notice. m Cuba, and for the purpose of establishing a stable and inde· Mr. GROSVENOR. If gentlemen are in their seats, they will pendent government of the people therein; had agreed to the con· need no notice. ference asked by the Honse on the disagreeing votes of the two Mr. SHERMAN. It will be reached on the call of committees. Houses thereon, and had appointed Mr. DAVIS, Mr. FORAKER I do not know when that will be. We are on the call of commit and Mr. MoRGAN as the conferees on the part of the Senate. ' . tees now, and that is the reason I want the reprint. After the lapse of some time, . ' The request of Mr. SHERMAN was agreed to. A further message from the Senate, by Mr. PLATT, one of its Mr. PAYNE. Mr. Speaker, I move that the Honse take a Clerks, announced that the Senate further insists upon its no business was to be transacted1 except to receive the message The SPEAKER. The gentleman from Arkansas yields to the from the Senate; and if any message should be received, upon re· gentleman from Ohio. ceipt of the same, the Honse~ by unanimous consent, is to stand Mr. ADAMS. I sti11 hold the floor. adjourned until to-morrow. [Cries of "Oh, no, no! "J I will The S~EAKER. The Chair understands that the gentleman withdraw the suggestion, as there seems to be so much objection from Ohio takes the floor for the purpose of making a motion. to it. Mr. BROMWELL. I move that the Honse recede from its dig. Ml·. PAYNE. I insist upon my motion, Mr. Speaker. agreement to the amendments of the Senate and concur therein, The motion of Mr. PAYNE was agreed to; and accordingly the 4-pplause.] And on that motion I demand the previous qnes• Honse took a recess until8 o'clock. tion. The previous question was ordered. .AFTER RECESS. The SPEAKER. The question is on the motion of tho gentle· The recess having expired, the Honse, at 8 o'clock p. m., re- man from Ohio that the Honse recede and concur. [The question sumed its session. · was pnt.l The noes seem to have it. ORDER OF BUSINESS. MI·. DINSMORE. Let us have the yeas and nays. Mr. SIMPSON. Mr. Speaker, I ask unanimous consent that The yeas and nays were ordered. members may ha-ve five days to print remarks in the RECORD The question was taken; and there were-yeas 145, nays 177, _upon the Cuban resolutions. There has been no opportunity for answered" present" 1, not voting 32; as follows: debate. YEAS-145. The SPEAKER. The gentleman from Kansas [Mr. SDIPSoN] Adamson, Colson, Henry, 'l'ex. Ma-nn, asks unanimous consent that members may have five days to print Allen, Oooney, Hinrichsen, Marshall, remarks in the RECORD on the Cuban question. Cooper, Tex. Howard, Ga. Martin Cowherd, Runter, Maxwell, Mr. JOHNSON of In Stephens, Te:x. Sutherland, Underwood, Williams. Miss. gentleman from Pennsylvania [Mr. .ADAMs] that the House insist Stok~ Talbert, Vandiver, Young, Va.. and ask for a further conference. Strowd, N. C. Tate, Vincent, Zenor. Sullivan, Taylor, Ala. Warner, The motion was agreed to; and the Speaker ap~~ted 88 con· Sulloway, Te:r:r_y, Wheeler, Ky. ferees on the part of the House Mr. ADAMs, Mr. TWOLE, and Sulzer, Todd. White. Til Mr. DINSMORE. .NAYS-177. Mr. ADAMS. I move that the House take a recess nntil11 o'clock. Acheson, Danford, Johnson, Ind. Quigg, Adams, Dav-enport, Kerr, ltay, Mr. MITCHELL. I move to amend that by making it until Aldrich, Davidson, Wis. Ketcha.m1 Reeves, 10.30. .Alexander, Dayton, Kirkpatrick• . Robbins, Mr. JOHNSON of Indiana. Mr. Speaker, ImovethattheHouse .Arpold~ Dingley, Knox., Royse, Bs.O The recess having expired, the House, at 12 o'clock midnight, The SPEAKER, The gentleman from Pennsylvania moves resumed its session. that the House agree to the report of the committee of conference, Mr. PAYNE. Mr. Speaker, I move that the House take are- and on that asks the previous question. cess until half past 12. Mr. BAILEY. A parliamentary inquiry, Mr. Speaker. The motion was agreed to. The SPEAKER. The gentleman will state it. Accordingly (at 12 o'clock and 1 minute a.m.) the House took Mr. ADAMS. I do not yield the floor. a recess until12.30 a. m. Mr. BAILEY. The previous question being ordered now, would The recess having expired, the House, at 12.30 o'clock a.m., re there be twenty minutes on each side allowed for debate? sumed its session. The SPEAKER. The Chair thinks not on this subject. Mr. DINGLEY. Mr. Speaker, I move that the House take a Mr. BAILEY. I am sure I would have no disposition to occupy recess until 1 o'clock. the whole twenty minutes, but I think we would desire as much The motion was agreed to. as three, or perhaps five, minutes on this side. Accordingly (at 12 o'clock and 32 minutes a. m.) the House took Mr. ADAMS. Mr. Speaker [crieR of "Vote!"], I do not wish a recess unti11 o'clock a.m. to be discourteous; but the hour is very late- The recess having expired, the House, at 1 o'clock a.m., resumed Mr. NORTON of Ohio. Let us have the resolution read as it its session. will read when adopted. I would like to have the resolution read, Mr. SThiPSON. Mr. Speaker, I desire unanimous consent that so that we may fully understand it. I believe we do understand I may be allowed to print some remarks in the RECORD on this it, but still I would like to have it read as it will appear when Cuban question. Some time ago I asked unanimous consent for amended. all the members to do so, but there seemed to be some objection The resolution was read, as follows: to that. I have not had opportunity to express my views on this A joint resolution for the recognition of the independence of the people of important subject heretofore. Cuba, demanding that the Government of Spa.ii:i relinquish its autliority I have been trotting back and forward between here and the and goveniment in the Island of Cuba and to withdraw its land and naval forces from Cuba and Cuban waters, and directing the President of the Senate to hear the debate, and I am very much interested in it. United States to use the land and naval forces of the United States to carry I have a few remarks I should like to submit. Therefore, I ask these resolutions into effect. unanimous consent that I may be allowed to print my remarks in Resolved, etc., First. That the people of the Island of Cuba are, and of right the RECORD. ought to be, free and independent. Mr. FOOTE. I ask unanimous consent that the gentleman be [Applause.] allowed to make a speech now. [Laughter.] Second. That it is the duty of the United States to demand, and the Gov The SPEAKER. The gentleman from Kansas asks unanimous ernment of the United States does hereby demanll, that the Government of consent that he may be allowed to print some remarks in the Spain at once relinquish its authority and government in the Island of Cuba RECORD on the Cuban question. and withdraw its land and naval forces from Cuba and Cuban waters. Third. That the President of the United States be and he hereby is, di· Mr. McEWAN. I should like to have a sample of what he is rected and empowered to use the entire land and naval forces of the Umted going to say before I give consent. States, and to call into the actual service of the United States the militia of The SPEAKER. Is there objection to the request of the gen- the several States, to such extent as may be necessary to carry these resoln· tiona into effect. tleman from Kansas? Fourth. That the United States hereby disclaims any disposition or inten· Mr. SOUTHWICK. I object. tiou to exercise sovereignty, jurisdiction. or control over said island except The SPEAKER. Objection is made. for the pacification thereof, and asserts its determination when that is,ao Mr. FITZGERALD. I ask unanimous consent that the gentle- complished to leave the government and control of the island to its people. l:lfan from Kansas be given five minutes in which to express his rcheers and loud applause.] v1ews on the Cuban situation. :Mr. JOHNSON of Indiana. A parliamentary inquiry, Mr. GROSVENOR. I move as an amendment that he be al The SPEAKER. The gentleman will state it. lowed to do so either in the Hall or out on the steps. [Laughter.] Mr. JOHNSON of Indiana. Under the rules there is twenty MESSAGE FROM THE SENATE. minutes given to each side for debate, is there not? The SPEAKER. The Chair thinks not. A message from the Senate, by Mr. PLATT, one of its clerks, Mr. JOHNSON of Indiana. When the previous question is announced that the Senate had agreed to the report of the com moved and there is no previous debate? mittee of conference on the disagreeing votes of the two Houses The SPEAKER. When th~ previous question is ordered on a on the amendments of the House to the amendments of the Sen subject debated. The object of that rule was to prevent a propo. ate to the joint resolution (H. Res. 233) authorizing and directing sition being presented without any debate; but these propositions the President of the United States to intervene to sto:p the war in have had such debate as the House saw fit to give them. Cuba, and for the purpose of establishing a stable and mdependent Mr. JOHNSON of Indiana. When, Mr. Speaker, was there government of the.people therein. any discussion? Mr. COX. Mr. Speaker, I ask to have that read from the Clerk's Mr. BAILEY. I submit that this particular question has not desk. been discussed. The Clerk read as follows: The SPEAKER. That is the rule. For instance, when a mat IN THE SENATE OF THE UNITED STATES, April 18, 1898. ter has been discussed in Committee of the Whole, that is regarded Resol1Jed, That the Senate agree to the report of the committee of confer· as debate, and such has been the rule in all these matters. It was ence on the disagreeing votes of the two Houses on the amendments of the House to the amendments of the Sena.te to the joint resolution (H. Res. 233) an extension of the privilege under a demand for the previous authorizing and directing the President of the United States to intervene to question, and had that intention, and that only. stop the war in Cuba, and for the purpose of establishing a stable and inde Mr. BAILEY. I perfectly agree that if this precise question pendent government of the people therein. had been before the House a,nd had been discussed at any other The Clerk also read the conference report. stage of the proceedings, that then we would not be entitled to Mr. ADAMS. Mr. Speaker, I present the report of the com this debate. For instance, if when the matter was presented a mittee of conference. motion was made to insist, and debate had occurred, and then it The Clerk read as follows: had come back to the House, and, at a different stage of the pro The committee of conference on the disagreein~ votes of the two Houses ceedings, again a motion to recede or concur was made, tho mat on the amendments of the House of Representatives to the joint resolution (IL Res. 23J) for the recognition of the independence of the people and Re. ter having been once debated, it would not be open to debate the v.ublic of Cuba, demanding that the Government of Spain relinqtrlsli its author second time. Ity and government in the Island of Cuba, and to withdraw its land and naval But the question now is upon the report of the conference com forces from Cuba and Cuban waters, and directing the President of the United States to use the land and naval forces of the United States to carry mittee, and that matter neither exactly nor for the purpose of these resolution.s into effect, having met, after full and free conference have this vote generally has been presented to the House. In support agreed to recommend and do recommend to their respective Houses as fol· of that contention it perhaps will happen that many gentl~men lows: . . . . . That the House recede from 1ts amendment numbered 1, m line 1, striking who voted one way on a previous roll call may vote another way out the words "are, and." • on this roll call. Therefore it must be that the question before That the Senate recede from its disagreement to the amendment of the the House now is not a question which has been debated by the House numbered 2, in line 2, to strike out all after the word "independent," to a.nd including the word "Island," in line {; and agree to the same. House dur~\~is legislative day. 'fhat the Senate recede ft•om its disagreement to the amendment of the The SPE R. The Chair has considered the question, and House to the title of the resolution, omitting in line 2 thereof the words "and after consideration it seems very clear to the Chair that the pro republic," and agree to the same. posed debate is not possible under the rules of the House. ROBERT ADAMS, JR., JOEL P. HEATWOLE, Mr. BAILEY. I shall not appeal from the decision of the .Manage1·s on the part of the House of Representatives. Chair or raise any question of that kind. I then ask the gentle C.K.DAVA~ man from Pennsylvania to withhold his demand for the previous J.B.FOR R, question until I shall possibly occupy two or three minutes. Manage1·s on the part of the Senate. [Cries or ''Regular order! "] Mr. ADAMS. Mr. Speaker, I move the House adopt the report Mr. ADAMS. Mr. Speaker, I do not wish to be discourteous of the conferees, and on that I move the previous question. in the slightest way, but if time is granted to the gentleman from 1898. CONGRESSION A:L RECORD-HOUSE. 4063 Texas, there are gentlemen on this side of the House who are Simpson, Stokes, Taylor, Ala. Williams, Miss. SimS, Strowd, N. a Terry, Wilson, urging me to give them time; and owing to the lateness of the Slayden, Sullivan, Todd, Zenor. hour and the great fatigue of those who have participated in this Sparkman, Sulzer, Underwood, :natter. I must insist upon the demand for the previous question. Stark, Sutherland, Vehslage, Mr. BAILEY. I then ask the gentleman from Pennsylvania Stephens, Tex. Tate, Wheeler, Ky. to yield five minutes to this side and five minutes to that side. ANSWERED "PRESENT"-2. [Cries of "Vote!"] Cummings, Moody. The SPEAKER. The gentleman from Pennsylvania asks for the previous question. NOT VOTING--59. Baird, De Armond, McAleer, Stallings, Mr. DOCKERY. Pending that demand for the previous ques Barrett, Dockery, McCall, Strait, tion, I ask unanimous consent that five minutes' debate be allowed Beach, Driggs, McCormick, Sturtevant, on this side to the gentleman from Texas and five minutes on the Benton, Elliott, Mcintire, Swanson. Bingham, Fenton, Mann, Talbert, other side. Bland, Grout, Miller, Tawney, The SPEAKER. But the gentleman from Pennsylvania has re- Bromwell, Hawley, Odell, Vandiver, fused that request. Brosius, Hitt, Osborne, Vincent, Mr. DOCKERY. He has not refused a request for unanimous Catchings, Howard, Ala. Parker, N. ;f, Wadsworth Colson, Joy, Pearson, Wheeler, Ala. consent. I ask unanimous consent. Cowherd, Kerr, Powers, White,N.O. The SPEAKER. The gentleman from Missouri asks unani Cox, Kitchin, Quigg, Wilber, mous consent for five minutes' debate on each side. Cranford, Lester, Sauerhering, Willia.ms, Pa. Curtis, Iowa. Littauer, Skinner, Young, Va.. Mr. LOUDENSLAGER. Regular order! Davison. Ky. Loud, Smit:g, Ky. The SPEAKER. The gentleman from New Jersey demands the regular order. So the previous question was ordered. Mr. JOHNSON of Indiana. Mr. Speaker, this is an unprece The following pairs were announced: dented and indecent proposition. [Cries of "Regular orderl" Until further notice: "Regular order!''] . . . Mr. HicKS with Mr. BANKHEAD. The question was taken; and on a diV1.8IOn (demanded by Mr. Mr. STEWART of New Jersey with Mr. CLAYTON. BAILEY) there were-ayes 176, noes 75. For this day: Mr. BAILEY. I demand the yeas and nays, Mr. Speaker. Mr. BROMWELL with Mr. STALLINGS, The yeas and nays were ordered. Mr. KERR with Mr. TALBERT. The question was taken; and there were-yeas 173, nays 121, For the remainder of this day: answered ''present" 2, not voting 59; as follows: Mr. MILLER with Mr. VANDIVER. Mr. GROUT with Mr. ELLIOTT. YEAS-173. Mr. QUIGG with Mr. CuMMINGS. Acheson, Curti~~ Kans. Hurley, Reeves. Mr. STEWART of New Jersey. Mr. Speaker, I am announced Adams, Dalzeu, Jenkins. Robbins, as being paired with Mr. CLAYTON. I was not paired upon this Aldrich, Danford, Johnson, N. Da.k. Royse~. Alexander, Davenport, Ketcham, Russeu, question, and he has voted. Arnold~ Davidson, Wis. Kil'kpatrick, Shannon, Mr. CUMMINGS. Mr. Speaker, I desire to withdraw my vote. BabcOCK, Dayton. Knox, Shattuc, I am paired with Mr. QUIGG, who has gone home sick, but it does Baker,Md. Din~ ley, Kulp, Shelden, Barber, Dolltver, Lacey, Sherman, not extend to the final vote. Barham, Dorr, Landis, Showalter, Mr. BANKHEAD. Mr. Speaker, my pair was withdrawn, and Barney, Dovener, Lawrence, Smith, ill. I therefore voted. Barrows, Eddy, Linney, Smith, S. W. Ba.rtholdt, Ellis, Lorimer Smith, Wm. Alden Tne result of the vote was then announced as above recorded. Belden, Evans, Louden8lager, Snover, Mr. McMILLIN. Mr. Speaker, a parliamentary inquiry. Belford, Faris, Lovering, Southard, The SPEAKER. The gentleman will state it. Belknap, Fischer, Low, Southwick, Be:cnett, Fletcher, T~ybrnnd, Spaldi'ng, Mr. McMILLIN. Would it be in order at this stage, upon the Berry, Foote, McCleary, Sperry, consideration of the conference report, to move that the House Bishop, Foss, McDonald, Sprague, recede from its amendment to the Senate resolution and concur Booze, Fowler, N. J. McEwan, Steele, Boutell, ru. Gardner, Mahany, Stevens, Minn. in the same? . Boutelle, Me. Gibson, Mahon, Stewart, N. J. The SPEAKER. It would not be in order, because a conference Brewster, Gillet, N.Y. Marsh, Stewart, Wis. report is to be accepted or rejected in its entirety. The question Broderick, Gillett, Mass. Maxwell, Stone, C. W. Brown, Graff, Meekison, Stone, W.A. is on agreeing to the conference report. Brownlow, Griffin, Mercer, Strode, Nebr. Mr. MAHANY, Mr. McMILLIN, and Mr. DOCKERY called BrUIIliil, Grosvenor, Mesick, Sulloway, for the yeas and nays. Bull, Grow, Miers, Ind. Tayler, Ohio Burleigh, Hager, Mills, Thorp, The yeas and nays were ordered. Burton, Hamilton, Minor, Tongue, The question wa.s taken; and there were-yeas 311, nays 6, Butler, Harmer, Mitchell, Upd~aff, answered "present" 1, not voting 38; as follows: Cannon, Heatwole, Morris, Van Voorhis, Ca'{>ron, Hemenway, Mudd, Walker, Mass. YEAS-311. Chickering, Henderson, Northway, Walker, Va. Acheson, Broussard, Danford, Griggs, Clark, Iowa Henry, Conn. Olmsted, Wanger, Adams, Brown, Davenport, Grosvenor, Clarke, N.H. Henry, Ind. Otjen, Ward, Adamson, Brownlow, Davey, Grow, Cochrane, N. Y. Hepburn, Overstreet, Warner, Aldrich Brucker, Davidson, Wis. Gunn, Coddin ' Hicks, Packer, Pa. Weaver, Alexander, Brumm Davis, Hager, Conn elf. Hilborn. Payne, Weymouth, Allen, Brundidge, Dayton, Hamilton, Connolly, Hill, Pearce, Mo. White, ill. Arnoldk, Bull, DeArmond, Handy, Cooper, Wis. Hooker, Perkins, Yost, Babcoc Burke, De Grnffenreid, Harmer, Corliss, Hopkins, Pitney, Young, Pa. Bailey, Burleigh, De Vries, Hartman, Cousins, Howe, Prince, Baird, Burton, Dingley, Hawley, Crump, Howell, Pugh, Baker, ill. Butler, Dinsmore, Hay, Crumpacker, Hull, Ray, Baker,Md. Campbell, Dockery, Heatwole, Ball Cannon, Dolliver, Hemenway, NAYS-121. B~ead, Capron, Dorr, Henderson, Adamson, Clayton, Hinrichsen, McRae, Barber, Carmack, Dovener, Henry, Conn. Allen, Cochran, Mo. Howard, Ga. Maddox, Barham, Castle, Driggs, Henry, Ind. Bailey, Cooney, Hunter, Maguire, Barlow, Chickering, Eddy, Henry, Miss. Baker, ill. Cooper, Tex. Jett, Marshall, Barney, Clardy Ellis, Henry, Tex. Ball, Davey, Johnson, Ind. Martin, Barrows, Clark, iowa Ermentrout, Hepburn, Bankhead, Davis, Jones, Va.. Meyer, La. Bartholdt, Clark, Mo. Evans, Hicks, Barlow, De Graffenreid, Jones, Wash. Moon, Bartlett, Clayton, Faris, Hilborn, - Bartlett, De Vries, Kelley, Newlands Beach, Cochran, Mo. Fischer, Hill, Bell, Dinsmore, King, Norton, Ohio Belden~ Cochrane, N. Y. Fitzgerald, Hinrichsen, Benner, Pa.. Ermentrout, Kleberg, Norton, S. 0. Belforu, Codding, Fitzpatrick, Hooker, Bodine, Fitzgerald, Knowles, Ogden, Belknap, Colson, Fleming, Hopkins, Botkin, Fitzpatrick, Lamb, Otey, Bell, Connell, Fletcher, Howard, Ga. Bradley, Fleming, Lanham, Peters, Benner, Pa. Connolly, Foote, Howe, Brantley, Fowler, N. 0. Latimer, Pierce, Tenn. Bennett, Cooney, Foss Howell, Brenner, Ohio Fox, Lentz, Rhea, Benton, Cooper, Tex. Fowler, N. 0. Hull, Brewer, Gaines, Lewis, Ga. Richardson, Bishop, Cooper, Wis. Fowler, N.J. Hunter, Broussard, Greene, Lewis, Wash. Ridgely, Bodine, Corliss Fox, Hurley, Brucker, Griffith, Little, Rixey, Booze, CousinS, Gaines, Jenkins, Brundidge, Griggs, Livingston, Robb, Botkin Cowherd, Gibson, Jett, Burke, Gunn, Lloyd, RobertsoD.t__ La. Boutell, TIL Cox, Gillet. N.Y. J obnson, N. Dak. Campbell, Handy, Love, Robinson, Ind. Bradley, Crump, Gillett, Mass. Jones, Va. Carmack, Hartman, McClellan. Sayers, Brantley, Crumpacker, Graff, Jones, Wash. Castle, Hay, McCulloch, Settle, Brenner, Ohio Cummings, Greene, Kelley, Clardy, Henry, Miss. McDowell, Sha.froth, Brewste1·, Curtisil Kans. Griffin, Ketcham, {,"lark, Mo. Henry, Tex. McMillin, Shuford, Broderick, Dalze , Griffith, Kiug, ~4064 ·OONGRESSIONA:U RECORD-H-OUSE. APRIL 18, Kirkpatrick, 1\!ann, . Rhea, Stewart, Wis. Society, of Boston, Mass. to occupy and use 160 acres of land, Kleberg, Marsh, Richardson; Stokes, · Ai?- Knowles, Marshall, Ridgely, Stone,C. W. berng part of Fort Stanton, N.Mex., reported the same without Knox, Martin Rixey, Stone, W. A. amendment, accompanied by a report (No. 1109); which said bill Knlp, Maxwell, Robbl Strode, Nebr. and report were referred to the Committee of the Whole House La.ceh, l\Ieakison, Robbms, Strowd, N. C. Lam, Mercer, Robertson La.. Snlliva.n, · on the stat.e of the Union. Landis, Mesick, Robinson, fud. Sulloway, Mr. SOUTHARDt from the Committe~ on Coinage, Weights, L5nham, Meyer, La. Royse. Sulzer. and Measures, to. which was referred the bill of the Senate (8. 3145) Latimer, Miers, Ind. Russe~ Sutherland, Lawrence, Mills, Sayers, Tate, to establish an assay office at Seattle, Wash., reported the same Lentz, Minor, Settle, Tawney, without amendment, accompanied by a l'eport (No. 1110); which Lewis, Ga. Mitchell, Sha.J.'"roth, Tayler, Ohio said bill and report were referred to the Committee of the Whole Lewis, Wash. Moody, S:ha.nnon, Te.ylor, Ala. of Linney, Moon, Shattuc, Terry, House on the state the Union. Littauer, Morris, Shelden, Thorp, Little, Mudd, Sherman, Todd, Livingston, Newlands, Showalter, To~ue. REPORT OF COMMITTEES ON PRIVATE BILLS. Lloyd, Northw(j], Shuford., Un erwood, Under clause 2 of Rule XIIT, Mr. BELKNAP, from the Com Lorimer :Nor ton, hio Simpson, ~d\9raff, Loude~ger, Norton, S.C. Simsd an oorhis, mittee on Military Affairs, to which was referred the bill of the Love, O~n, Sin.r en. Vehslage, House {H. R. 3804} for the relief of James McKenzie, reported the Lovering, 0 ted, Srmth, ill. Walker, MaSs. sa~e ~thamendment, accompanied by a report (No. 1111); which Low, Otey, Smith, Ky. Walker, Va. Jzbrand, Otjen, Smith, S. W. W anaer, sa1d bill and report were referred to the Private Calendar. cClea-ry, Overstreet; Smith, Wm. Aldon War , :McClellan1k: Packer, Pa.. Snover, \Varner, McCormic~, · Parker, N. J~ Southard, Weaver, CHANGE OF REFERENCE. McCulloch, Payne, Southwick, Weymouth, McDonald, Pearce, Mo. Spalding, Wheeler, Ky. Under clause 2 of Rule XXII, the Committee on Claims was McDowell, Pearson, Sparkman, White,lll · discharged from the consideration of the bill (H. R. 5484) for the McEwan, Perkins, Sperry, Williams, Miss. relief of Robert Langston; and the same was referred to the Com Mcintire, Peters, Spra~e, Wilson, ~:-:: . mittee on War Claims. .. _ McMillin, Pierce, Tenn. Stallings, Yost., ~. -. McRae, Pitney, Stark, Young, Pa.. Maddox, Prince, Steele, Yonng, Va. ... ~: ~ire, Pugh, Stephe~ Zenor, PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS any, Ray, Stevens, · The Speaker. INTRODUCED. Mahon, Reaves, Stewart, N. J. Under clause 3 of Rule XXII, bills, Iesolutions, and memorials ,i N.AY~ of the following titles were introduced and severally referred as Boutelle, Me. Gardner, Loud, lztcCall Brewer, J ohnson3 Ind. follows: By Mr. BLAND: A bill {H. R. 9928) for the coinage of so much ANSWERED "PRESENT ''--1. of the silver bullion purchased under the act of July 14, .1890 en Clarke, N. U. titled "An uct directing the purchase of silver bullion and the NOT VOTING-aS. issue of Treasury notes thereon, and for other purposes," as repre Barrett, Elliott, Miller, Talbert, sents the gain or seigniorage of such bullion, and for other pur 'Berry, Fenton, Odell, Vandiver, Bingham, Grout, Osbol'De, 'Vincent, poses-to tb~ Committee on Coinage, Weights, and Measures. Bland, Hitt, Pom~rs, W a.dsworth, .~,Y Mr. HINRICHSEN: ~joint resolution (H. Res. 236) pl'Xr Bromwell, H-ow3rd, Ala. ~uigg. Wheeler .Ala. Vlding for a survey and estimates for a waterway from the con Brosius, Joy, Sa.nerhering, Wlrite, N. c. Catchings, Kerr, Skinner, Wilber, · trolling works of the Chicago Drainage Canal, near Lockport, Cranford, Kitchin, Strait; Williams, Pa. ill., to the mouth of the illinois River-to the Committee on Curtis. Iowa Lester, Sturtevant, Rivers and Harbors. Davison, Ky. McAleer, .Swanson, So the report of the committee of conference was agreed to. Mr. DOCKERY.. My colleagues-, Mr. BLAND and Mr. VAN PRIVATE BILLS AND RESOLUTIONS INTRODUCED. DIVER, are absent .from the House on acco1mt of sickness. Under c1ause 1 of Rule XXII, private bills and resolutions of Mr. MciNTIRE. I voted ''aye" on this proposition. I WaB, the following titles were introduced and severally referred as fol however, paired with Mr• .BRoMWELL. I am informed that if he lows: had been here, he would also have voted " aye." By Mr. BARTHOLDT: A bill (H. R~ 9929) for the benefit of the Mr. CLARKE of New Hampshire. 1 am paired with the gen Interstate Lana Company of Colorado, and Robert L. Lindsay, of tleman from Mississippi, Mr. CATCHINGS. I hav-e voted in the the State of Missouri-to the Committee on Private Land Claims. affirmative, but wish to withdrawmyvote 1,1ndanswer "pxesent." By Mr_. GILLET of New York: A bill (H. R. 9930) to increase Mr. LAMB. If Mr. KrTCHINJof North Carolina, were here., he the peilBlon of Escort C. Wells-to the Committee on Invalid Pen . would vote '"aye." sions . Mr. LATIMER. Mycolleagne,Dr.BTRAIT,isabsentonaccount By Mr. GRIFFITH: A bill (H. R. 99"31) granting an honorable of sickness. If here, he would vote " aye." discharge to Lewis Benedict-to the Oommittee on Military Af Mr. CUMMINGS. My colleague, Mr. Qutoo, is absent on ac fairs. count.of sickness. If here, he would vote" aye." By Mr. HAMILTON: A bill (H. R. 9932) granting a pension to The SPEAKER. On this question the y_eas are 310, the nays 6. Ha1riet Gailhouse-to the Committee on Invalid Pensions. [Loud applause on the fioor and in the galleries.] . By Mr. ~ICHSEN-: A bill (H. R. ~933) to increase the pen On motion of Mr. ADAMS, a motion to reconsider the vote just Sion of Wilham Newnom-to the Committee on Invalid Pensions. taken was l~id on the table. Also, a bill (H. R. 9934) for the 1·elief of William B. Payne-to Mr. ADAMS. I move that the House do now adjourn. the Committee on War Claims. Mr. BAILEY. Would the gentleman from Pennsylvania [Mr. By Mr. HUNTER: A bill {H. R. 9935) to pension Levi C. ADAMS] and the gentleman from Maine [Mr. DINGLEY] be con Mann-to the Committee on Invalid Pensions. tent if, when the House adjourns, it adjourn to meet on Wednes: By Mr. MAGUIRE: A bill (H. R. 9936) to correct the military day next? record of Henry Finnegass-t-o the Committee on Military Affairs. Mr. DINGLEY. I call the attention -of the gentleman from By Mr. ROBERTSON of Louisiana: A bill (H. R. 9937) to con~ Texas to the fact that the Senate is not now in session, and in firm the title of Aimable Bertrand to a certain tract of land in the ordel' that this resolution may be sent there and signed by the parish {)f St. Landry, La.-to the Committee on Private Land Vice.:President, the House should meet to-morrow. Claims. Mr. BAILEY. I did not know that the Senate had adj PETITIONS, ETO. By Mr. MciNTIRE: Petition of citizens of Baltimore, Md., Under clause 1 of Rule XXII, the following petitions and papers Fourth Congressional district, favoring the passage of the anti were laid on the Clet·k's desk and referred as follows: scalping bill-to the Committee on Interstat-e and Foreign Com- By Mr. BABCOCK: Petition of the Woman's Christian Tem merce. . perance Unionand citizens of Delton, Sank County, Wis., for the By Mr. MAHANY (by request): Petition of the American For passage of a bill prohibiting the sale of intoxicating liquors in the estry Association, against House bill No. 8428, in reference to Capitol building and grounds-to the Committee on Public Build Executive order of February 22, 1897-to the Committee on the ings and Grounds. Public Lands. By Mr. BARTHOLDT: Petitionoftheofficersand trustees of the By Mr. NORTON of Ohio: Petition of Charles W. McKee and United Stal;es Brewers' Association, in opposition to the proposed 39 other citizens of Bloomville, Ohio, in favor of the anti-scalping increase of the tax on beer-to the Committee on Ways and bill-to the Committee on Interstate and Foreign Commerce. Means. By Mr. ROBERTSON of Louisiana: Paper to accompany Honse Also, resolutions of the Florists' Club of St. Louis, Mo., in oppo bill No. 9904, relating to the claim of John A. Sigur-to the Com sition to the practice of distributing cut and decorative flowers mittee on War Claims. from Government greenhouses-to the Committee on Agriculture. Also, paper relating to the claim of the widow of Odile Felicite Also, petition of Iron Mountain Lodge, Brotherhood of LocoiD:o Deslonds, to accompa.uy House bill No. 9906-to the Committee tive Firemen, and Cigar :Makers' Union No. 44, all of St. Loms, on War Claims. Mo., favoring the establishment of postal savings banks-to the Also, paper to accompany House bill No. 9905, for the relief of Committee on the Post-Office and Post-Roads. Burlin Starns, of Livingston Parish, La.-to the Committee on By Mr. BARTLETT: Petition of T. D. Tinsley, John C. Eads, Claims. J. T. Moore, and other citizens of Macon, Ga., favoring the pas Also paper to accompany House bill No. 9907, for the relief of sage of the anti-scalping bill-to the Committee on Interstate and Louis Barron-to the Committee on War Claims. Foreign Commerce. By Mr. RUSSELL: Resolutions of the New Haven Chamber of By Mr. CANNON: Petition of citizens of Joliet, lll., favoring Commerce, in favor of a treaty of reciprocity with Canada and tbe passage of the anti-scalping bill-to the Committee on Inter Newfoundland-to the Committee on Ways and Means; state and Foreign Commerce. By Mr. CASTLE: Petition of the Woman's Christian Temper Also, resolutions of the New Haven Chamber of Commerce, in ance Union of Elvinore, C'al., in favor of legislation to protect support of House bill No. 8066, relating to appropriations to aid State anti-cigarette laws by providing that cigarettes imported in in the holding of a. national exposition of American products and original packages on entering any State shall become subject to manufactures in Philadelphi~r-to the Committee on Interstate its laws-to the Committee on the Judiciary. and Foreign Commerce. By Mr. CURTIS of Kansas: Petition of N. Franihonser and 39 By Mr. SHAFROTH: Petition of the West Side Woman's other citizens of Osage City, Kans., favoring the passage of the Christian Temperance Union, of Denver, Colo., favoring the enact anti-scalping bill-to the Committee on Interstate and Foreign ment of legislation to protect State anti-cigarette laws by provid Commerce. ing that cigarettes imported in original packages on entering any By Mr. ERMENTROUT: Resolutions of the Chamber of Com State shall become subject to its laws-to the Committee on the merce of the State of New York, in reference to Senate bill No. Judiciary. 3354, to amend an act entitled "An act to regulate commerce," By Mr. SHERMAN: Petitions of Department Grand Army of approved February 4, 1887, and all acts amendatory thereof-to the Republic, State of Minnesota; St. Paul (Minn.) Chamber of the Committee on Interstate and Foreign Commerce. Commerce; Division 177, Order of Railway Conductors,. Alliance, Also, resolution of the Chamber of Commerce of the State of Ohio; M. R. Walters and 9 others, Veechdale, Ky.; A. S. Morton, New York, in favor of reciprocity with Canada and Newfound M. D.,and29 others, Fishville,Ky.; James L.Dysartand 23 others, land-to the Committee on Ways and Means. Marion, N. C.; E. C. Monteith and 31 others, Bushnell, N. C.; . Also, memorial of the American Forestry Association, against James M. Winston and 14 others, Millport, Ala.; C. C. Duson and Honse bill No. 8428, in reference to Executive order of February 39 others, Crowley, La.; C. J. Thompson and 39 others, Opelousas, 22. 1897-to the Committee on the Public Lands. La.; E. Lamb and 159 others, Gretna., La.; W. C. Black and 237 By Mr. GillSON: Petitions of citizens of Mossycreek, Bnll Run, others, New Orleans, La.; Fred Park, jr., and 9 others, Mossy Lenoir, and Luttrell, Tenn., favoring the passa-ge of the anti creek, Tenn.; W. H. Kenner and 38 others, Huntington, Ind.; scalping bill-to the Committee on Interstate and Foreign Com J. R. Acuff and 29 others, Trenton, Ga.; Judge 0. F. Littlefield merce. and 11 others, Jesup, Ga.; R. 0. Medlock and 2 others, Norcross, By :Mr. GRIFFITH: Petition of John L. Benedict in support of Ga.; M. M. Fadeley and 12 others, Ashburn, Va.; E. B. Gew and bill granting an honorable discharge to Lewis Benedict--to the 2 others, Bealton, Va.; F. C. Monfort and 56 others, Cincinnati, Committee on Military Affairs. Ohio, favoring the passage of House bill No. 7130 and Senate bill By Mr. GROUT: Petitions of Rev. L. P. Tucker and the Metho No. 1575, relating to ticket brokerage-to the Committee on Inter dist Episcopal and Congr~gational churches of Northfield, Vt., state and Foreign Commerce. praying for the enactment of legislation to forbid the transmission By Mr. STEELE: Petition of W. H. Kenner and 40 other citi of lottery messages by telegraph and to protect State anti-ciga zens of Huntington, Ind., favoring the passage of the anti-scalping rettelaws-t.otheCommitteeonlnterstateandForeignCommerce. bill-to the Committee on Interstate and Foreign Commerce. Also, petitions of the Methodist Episcopal and Congregational By Mr. STEVENS of Minnesota: Resolutions of the Minnesota churches of Northfield, Vt., asking for the passage of a bill to Historical Society, in favor of Government ownership of Fort forbid the sale of intoxicating beverages in all Government build Ticonderoga-to the Committee on Military Affairs. ings-to the Committee on Alcoholic Liquor Traffic. By Mr. TAWNEY: Petitions of H. H. Hastings and other By Mr. HENDERSON: Communication from the Dubuque citizens of Owatonna; L. E. Stanley and others, of Leroy, and (Iowa) Trades and Labor Congress, in favor of postal savings citizens of Waseca, Minn., favoring the passage of the anti-scalp banks-to the Committee on the Post-Office and Post-Roads. ing bill-to the Committee on Interstate and Foreign Commerce. Also, telegrams from leading grocerymen, wholesale and retai11 Also, resolutions of the Minneapolis and St. Paul Fire Depart in the Third Congressional district of Iowa,_ protesting.against an ment Relief associations, in opposition to Senate bill No. 2736, to internal-revenue duty upon t~a and coffee-to the Committee on establish a Government insurance department-to the Committee Ways and Means. on Interstate and Foreign Commerce. · By Mr. LITTLE: Petition of J. C. Hale and 58 citizens of For dyce, Ark., asking for the passage of a bill restricting railroad By Mr. VANDIVER: Petitions of the Women's Missionary So· fares to 2 cents per mile for passengers-to the Committee on In ciety of Senath, Mo., in favor of bills to raise the age of protection terstate and Foreign Commerce. for girls, to forbid the interstate transmission of lottery messages By Mr. McCALL: Resolution of the Roxburghe Club, Roxbury, by telegraph, to protect State anti-cigarette laws, and for the pro Mass., against Honse bill No. 8428, in reference to Executive order tection of the first day of the week in the District of Columbia of February 22, 1897-to the Committee on Public Lands. and the Territories-to the Committee on the J ndiciary. Also, petition of the Boston Plate Printers' Union, No.3, pro Also, petition of the Women's Missionary Society of Senath testing against the use of steam presses in the Bureau of Engrav Mo., favoring the-bill which forbids the sale of alcoholic liquors ing and Printing-to the Committee on Appropriations. in Government buildings-to the Committee on Public Buildings Also, petition of the Boston Merchants' Association, urging the and Grounds. passage of the so-called Spooner health bill, 1n relation to. estab Also, petition of the Women's Missionary Society of Senath, lishing a commission of public health and defining its duties-to Mo., praying for the enactment of legislation prohibiting the in the Committee on Interstate and Foreign Commerce. terstate transmission of newspaper descriptions of prize fights, Also, resolution of the Boston Merchants' Association, of Bos etc.-to the Committee on Interstate and Foreign Commerce. ton, Mass., urging the passage of the Cullom bill relating to ex Also, petition of the Women's Missionary Society of Senath, tension of authority granted Interstate Commerce Commission ~o., pra,Ying. for the e~actmen~ of legislation subs~tuting volun to the Committee on Interstate and Foreign Commerce. tary arb1tration for railway strikes-to the Committee on Labor. XXXI-::-25Q.