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2826 CONGRESSIONAL RECORD-SENATE. MARCH 31,

merce of St. Panl, Minn., heartily approving enlarged relations and for same purpose-ti<> the Select Committee on the .Alcoholic Liquor reciprocal trade with Canada-to the Committ;ee on Foreign Affairs. Traffic. By bir. DORSEY: Resolutions of Farmers' Alliance of Kearney, Also, petitionofl35citizensofStenbenCounty, NewYork, upon the Nebr., favoring the Butterworth options bill-to the Committee on Ag­ same subject-to the Select Committee on the Alcoholic Liquor Traffic. riculture. l3y Mr. RUSSELL: Petition of citizens of Mystic Bridge, Conn., ill By Mr. ELLIS: Proofs to accompany H. R. 4062, for the relief of favor of short method of spelling-to the Committee on Printing. John W. Alves-to the Committee on War Claims. By Mr. SMITH, of Arizona: Remonstrance against passage of lantl By Mr. FUNSTON: Petition of citizens of Lane, Kans., for passage court bill, by citizens of Arizona-to the Committee on Private Lanu of bill to relie-ve mortgage debtors-ro the Committee on Banking and Claims. Currency. By Mr. SNIDER: Resolutions of the Trades and Labor Assembly of By Mr. GEAR: Petition of S. P. Howe and 198 others, citizens of Minneapolis, Minn.. protesting against passage of a bill permittinK Iowa, asking that a law be enacted preventing the admission of obscene judges of elections to be all of one political party-to the Committee books to the mails-ro the Committee on the Post-Office and Post­ on Elections. Roads. Also, resolutions of the Board of Trade of St. Paul, Minn. , favoring Also, resolutions of Best Post, Grand Army of the Republic, Iowa, reciprocal trade relations with Canada-to the Committee on Commer<'e. asking per diem, and also that the greenbacks they were paid shall .Also, petition of directors and members of the BoaJ."d of Trade of be made as good as gold-to the Committee on Invalid Pensions. Duluth, Minn., favoring protection to flax and hemp industries-to .Also, protest of the Society of Friends of Pleasant Grove, Iowa, the Committee on Ways and Means. against appropriations for Navy and coast defenses-to the Committee .Also, petition of Stone-Masons' Union, of Minneapolis, Minn., again t on Naval Affairs. employment of alien laborers on public buildings and works-to th•; By Mr. GROUT: Petition, etc., for pension of Samuel N. Rice-to Committee on Labor. the Committee on Invalid Pensions. By Mr. STIVERS: Petition of l\Irs. Louisa Winters and 22 others, of Also, petition and affidaviL of Marion M. Smith, widow of David the Woman's Christian Temperance Union, of Chester, Orange County, Smith, Company D, Ninth Vet'mont Volunteers-to the Committee on New York, praying for a law prohibiting the sale of fermented liquors Invalid Pensions. within soldiers' homes, arsenals, recruiting stations, navy-yards, forts, Also, papers in re Jeremiah Smith, desertion-to the Committee on and barracks-to the Select Committee on the Alcoholic Liquor TraffiC'. Military Affairs. By Mr. STOCKDALE: Petition of the Cotton Exchange of Natche~. By Mr. HAYES: Petition of H. H. Sindt and 126 others, citizens of l\Iiss., against the bill Jevying a tax on cotton-seed oil or compouml Scott County, Iowa, protesting against the passage of any law changing lard-to the Committee on Agriculture. present naturalization and immigration laws-to the Select Committee By Mr. STRUBLE: Petition of A. W. Moon, and 67 others, citizen::; on Immigration and Naturalization. of Hopedale, Ohio, urging the passage of H. R. 5978, and imposin:! Also, memorial of State Business Men's Association of Iowa, asking penalties to lessen and prevent gambling in farm products-to the Se­ for the passage of the Torrey bankrupt bill-to the Committee on the lect Committee on the .Alcoholic Liquor Traffic. Judiciary. By l\1r. SWENEY: Resolutions of C. H. Hughes post, Grand Army Also, resolutions of N. B. Howard Post, De Witt, Iowa, in favor ot of the Republic, Decorah, Iowa, in favor of pensionin~ widows, and pensions to widows and children of soldiers-to the Committee on In­ also pensioning minor children of deceased soldiers-to the Committee valid Pensions. on Invalid Pensions. Also, resolutions of R. M. Smith Post, Andrew, Iowa, in favor of serv­ Also, resolution of Reynolds Post, ·Grand Army of the Republic of ice pension-to the Committee on Invalid Pensions. l\Iaynard, Iowa, upon the same subject-to the Committee on Invalid Al ~ o, resolutions of Lincoln Center Farmers' Alliance, Iowa County, Pensions. Iowa, in favor of the Butterworth option bill-to the Committee on Agri­ Also resolution of Hassenderfd Post, Grand Army of the Republic, culture. Guttenberg, Iowa, in favor of service pension-to the Committee on By Mr. KELLEY: Petition of the Board of Trade of the city of To­ Invalid Pensions. peka, Kans., asking for the admission of certain ores from Mexico free By Mr. TOWNSEND, of Pennsylvania (by request): Petition of !> of duty, relating, as the law now stands, such ores have been admitted members of the Grand Army of the Republic, and 105 officers and mern­ free of duty, and under said law large smelting interests have been bers of the Woman's Christian Temperance Union, both of Sharon, Pa., built up in Kansas; under a recent ruling of the Secretary of the Treas­ praying for a. law prohibiting the sale of fermented liquors within sol­ ury the importation of said ores has been embarrassed, resulting in a diers' homes, arsenals, recruiting stations, navy-yards, forts, and bar­ retaliatory tax by Mexico upon our exports, excluding Kansas meats racks-to the Select Committee on the Alcoholic Liquor Traffic. · and pladng a duty of 28 cents on Kansas cornj protesting against such By Mr. TRACEY (by request): Petition of citizens of Voorheesville, rnlings, and asking Congress to provide for the introduction of said ore N. Y., asking for an increase of duty on hay-to the Committee ou free of duty and thereby preserve the smeltingindnstryinKansas, and Ways and Means. preserve to this country the markets of Mexico for our agricnl tural Also (by request), petition from Albany County, New York, praying products and thereby relieve the depression of the agricultural interests for a law prohibiting the sale of fermented liquors within soldier.;' of Kansas-ro the Committee on Ways and Means. homes, arsenals, recruiting stations, navy-yards, forts, and barracks-to Also, petition of Robert Anderson Post, Grand Army of the Republic, the Committee on Military Affairs. of Kansas, asking for the passage of the Ingalls service-pension bill­ .Also, petition of 14 persons of .Albany County, New York, upon the to the Committee on Invalid Pensions. same subject-to the Committee on Military Affairs. Also, petition of 600 citizens of Reading, Lyon County, Kansas, ask­ By M:r. VAN SCHAICK: Resolutions of Department of Wisconsin, ing for the free coinage of silver and protesting that the act demonetiz­ Grand Army of the Republic, asking that E. R. Parks be restored to ing silver was uncalled for by the people and productive of great wrong his former rank in the Army-to the Committee on Military Affairs. to the people, especially to the producing classes, but restricting the By Mr. WILLIAMS, of Ohio: Petition of West Branch MonthJ v money supply and increasing the value of gold and forcing down the Meeting of Friends, of Miami County, Ohio, against further expenrl ;_ value of other commodities; and asking that silver be placed as money, tures for Navy and coast de~enses-to the Committee on Appropriations. exactly as it was from the foundation of the Government up to 1873- to the Committee on Banking and Currency. By Mr. McCLELLAN: Petition of E. L. Olmstead and 40 others, praying for free coinage of silver-to the Committee on Coinage, SENATE. Weights, and Measures. By Mr. MORSE: Petition of 194 persons! praying for a law prohibit­ MONDAY, March 31, 1890. ing the sale of fermented liquors within soldiers' homes, arsenals, re­ cruiting stations, navy-yards, forts, and barracks-to the Select Com­ The Senate met at 11 o'clock a. m. mittee on the Alcoholic Liquor Traffic. Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. By Mr. O'NEIL, of Massachusetts: Remonstrance of Hanagan Bros. Mr. HARRIS. There does not seem to be a quorum of the Senate present, and I ask that the roll be called. and 14 others, against increasing duty on lime-to the Committee on The VICE-PRESIDENT. The roll of the Senate will be called. Ways and Means. The Secretary called the roll, and the following Senators answered By Mr. OW&~S, of Ohio: The petition of George W. Richardson and to their names: 102 others, citizens of Muskingum County, Ohio, and members of Maj. Allison, Edmunds, l\Ianderson, Sawyer, J. C. Robinson Post, Grand Army of the Republic, of Chandlersville, Bate, Farwell, Moody, Stockbridge, in favor of a service pension and protesting against the passage of a de­ Berry, Frye, Morgan, Teller, pendent-pension bill-to the Committee on Invalid Pensions. Butler, George, l\Iorrill, Turpie, Call, Gibson, Paddock, Vance, •I By Mr. RAINES: Petition of 65 persons of Ontario County, New Cockrell, Gray, Pasco, Vest, York, praying for a law prohibiting the sale of fermented liquors within Coke, Hampton, Payne, Waltha.11, soldiers' homes, arsenals, recruiting stations, navy-yards, forts, and Cullom, HarrIB, Pettigrew, Wilson of Iowa, Davis, Hawley, Platt, Wilson of Md. barracks-to the Select Committee on the .Alcoholic Liquor Traffic. Dawes, Ingajls, Ransom, .Also, petition of citizens of the Twenty-ninth district of New York, Dolph, MOMillan, Reagan.

l; • 4 'I "· .:_ ...: .... - - ..... :.or ... ,. .. \ . ] ~ . ... l .,. 1890. CONGRESSIONAL RECORD-SENATE. 2827

The VICE-PRESIDENT. A quorum being present, the Journal of I move that the petitions be referred to the Committee on the Judi­ Saturday's proceedings will be read. ciary. The Journal of the proceedings of Saturday last was re.ad and ap· The motion was agreed to. proved. Mr. MORGAN presented a petition of Subordinate Union No. 3 of Mr. EDMUNDS. I wish to call the attention of the Senate to the the Bricklayers and Masons' International Union, ofMontgomery, Ala., fact that by an order of the Senate heretofore made the Committee on praying that none but citizens of the United States beemployedonpub­ the Judiciary is authorized to sit during the sittings of the Senate, and licworks; which was referred to theCommitteeonEducationandLabor. that if all the members of that committee are not present to-day it is Mr. WALTHALL presented a memorial of the Cotton Exchange of not because they do not believe in 11 o'clock meetings, but because they Greenville, Miss.,· remonstrating against legislation taxing compound are doing what the Senate has authorized and required them to do. lard, etc.; which was referred to the Committee on Agriculture and Forestrv. PETITIONS AND MEMORIALS. .Mr. GIBSON presented a petition of the Chamber of Commerce and The VICE-PRESIDENT presented the petition of A. P. Wamon, of Industry of Louisiana, signed by Robert Bleakley, secretary, praying New Wilmington, Pa., praying for cert-.ain pension legislation; which for the transfer of the revenue marine service to the Navy Department; was referred to the Committee on Pensions. which was ordered to lie on the table. He also presented a communication from L. Bonestell, corresponding He also presented a memorial of the New Orleans (La.) Board of secretary of the Independent Union, Boys in Blue, of Cleveland, Ohio, Trade, signed by Adolpho Wolfe! acting secretary, remonstrating against transmitting memorials adopted by that organization remonstrating any legislation taxing compound lard; which was referred to the Com­ against a. revival of the grade of Lieutenant-General of the Army until mittee on Agriculture and Forestry. the soldiers and their families are properly cared for, etc.; which were Mr. ALLISON presented a petition of Advance Alliance No. 415, of referred to the Committee on Military Affairs. Polk Township, Shelby County, Iowa, and a petition of W. H. Wheat, I; Mr. CULLOM presented a petition of citizens of Jasper County, Illi­ corresponding secretary, and others, of Alta, Iowa, praying for the nois, praying for legislation to prevent the transmission of obscene liter­ passage of a bill defining options and futures and imposing penalties "· ature through the mails; which was referred to the Committee on Post- to prevent gambling in farm produce; which were referred to the Com- 0.ffices and Post-Roads. mittee on the Judiciary. . Mr. FRYE presented a petition of 63 citizens of Bethel, Oxford County, He also pre.sented a petition of the Stuart (Iowa) Meeting of the So­ Maine, praying for the free coinage of silver; which was referred to the ciety of Friends and others and a petition of Iowa Falls (Iowa) Meet­ Committee on Finance. ing of the Society of Friends and others, praying for the rejection of the Mr. WILSON, of Iowa, presented a petition of Holtzinger Post, No. recommendation of the Senate Naval Committee and other measures 210, Grand Army of the Republic, of Hamburgh, Iowa, praying for the whi<:h propose a large expenditure for the Navy and so·called coast passage of Senate bill 1094 granting a service pension; which was re­ defenses and other warlike preparations; which were referred to the . ,· ferred to the Committee on Pensions. Committee on Naval Affairs. He also presented the petition of James Vincent, sr., of Tabor, Iowa, He also presented a petition of Subordinate Union No. 2 of the praying for the passage of a bill granting him a pension; which was Bricklayers and Masons' International Union of America, of Des Moines, referred to the Committee on Pensions. Iowa, praying that none but citizens of the United States be employed Mr. FARWELL presented a petition of the Bar Association of Illi­ on Governmentworks, whether letbycQntractorotherwise; which was nois, prayin~ for the passage of a bill for the relief of the Supreme referred to the Committee on Education and Labor. Cour~ of the United States from theaccumulation ofim business; which He also presented a petition of Wisner Post, No. 127, Grand Army was referred to the Committee on the Judiciary. of the Republic, Montezuma, Iowa; a petition of McMillan Post, No. Mr. MORRILL presented a petition of members of the bar of Ben­ 463, Grand Army of the Republic, Baxter, Iowa, and a petition of C. nington County, Vermont; a petition of members of the bar of Port­ G. Francis Post, No. 181, Grand Army of the Republic, Walker, Iowa, land County, Vermont; a petition of members of the bar of Rutland praying for the passage of the service-pension bill; which were referred County, Vermont, and a petition of members of the bar of Vermont, to the Committee on Pensions. praying for some measure of relief for the Supreme Court; which were Mr. HOAR. I present the petition of Charles Theodore Russell, referred to the Committee on the Judiciary. John Lowell, and 268 other members of the bar of Boston, Mass., com­ Mr. P .A.SCO. I present a resolution of the Board of Trade of Jack­ prising substantially the persons who are employed at the bar in that sonville, Fla., in the nature of a petition, calling attention to the pro­ city, praying for the relief of the Supreme Court. I move that the vision for an increased dutyonleaf-t-Obacco suitable for wrappers in the petition be referred to the Committee on the Judiciary. bill known as the ''McKinley bill,'' which the petitioners say strikes a The motion was agreed to. blow at the cigar-manufacturing interests of the State and country, and Mr. HOAR presented the petition of F. W. C,'1arey and 31 other mem­ praying for such modification as will protect this industry. I move bers of the bar of New Mexico; the petition of H. F. Titus, A. H. I - that the petition be referred to the Committee on Finance. Higgins, and A. L. Brown, of the bar of Phillipsburgh, Mont. ; the ( .· The motion was agreed to. petition of Henry N. Blake and 31 other members of the bar of Helena, Mr. P .A.SCO presented a letter, sundry affidavits, and other papers in Mont.; the petition of ~I. H. Parker and 5 other members of the bar relation to the claim of Salvador Costa, for the seizure and destruction of Boulder City, Mont.; the petition of F. H. Moody and 14 other mem· of the sloop Mary Lawrence; which were referred t-0 the Committee on bers of the bar of Missoula County, Montana; the petition of 0. F. Claims. Goddard and 6 other members of the bar of Billings, Mont.; the peti­ Mr. BATE presented a petition of Subordinate Union No. 2 of the tion of J. W. Stanton and 8 other members of the bar of Great Falls, Bricklayers and Masons' International Union of America, of Chatta­ Mont.; the petition of F. K. Armstrong and 7 other members of the nooga, Tenn., praying that Congress will amend the laws so that on bar of Gallatin County, Montana; and the petition ofT. Campbell and all Government works, whether let by contract or otherwise, none but 28 other members of the bar of Butte City, Mont., praying for the re­ citizens of the United States shall be employed, and that proper pen­ lief of the Supreme Court; which were referred to the Committee on alties for the enforcement of such amendments of the law be imposed the Judiciary. upon the contracting firm or individual for each and every violation of Mr. DAVIS presented petitions of subordinate unions of the Brick­ the enactment; which was referred to the Committee on Education and layers and Masons' International Union: of St. Paul and Minneapolis, Labor. in the State of Minnesota, praying for legislation prohibiting the em­ :Mr. WILSON, of Maryland, presented a petition of 292 members of ployment of any but citizens of the United States upon public build· -.. the bars of Baltimore City, Md., and of fourteen counties of the State of ings; which were referred to the Committee on Education and Labor. Maryland., praying for the enactment of a law by Congress relieving He also presented a petition of the Bar Association of St. Paul, Minn., the Supreme Court of the accumulation of cases on its docket; which and a petition of meL'.lbers of the bar of Hennepin County, Minnesota, was referred to the Committee on the Judiciary. praying for legislation for the relief of the Supreme Court of the United Mr. GEORGE presented a petition of members of the bar of Natchez, States; which were referred to the Committee on the Judiciary. Miss., praying for legislation for the relief of the Supreme Court of the He also presented resolutions of the Chamber of Commerce of St. United States; which was referred to the Committee on the Judiciary. Paul, Minnesota, favoring the establishment of reciprocal trade rela­ Ur. VEST presented a petition of 113 citizens of Atchison County, tions between the United States and Canada; which were referred to Mis:;ouri, praying for the free coinage of silver; which was referred to the Committee on Foreign Relations. the Committ.ee on Finance. He also presented a petition of citizens of Duluth, Minn., praying Mr. BUTLER presented a memorial of the Board of Trade of Green­ for legislation to protect the flax and hemp-growing industries; which ville, S. C., remonstrating against the imposition of a tax on compound was referred to the Committee on Finance. lard or cotton-seed oil; which was referred to the Committee on Agricult­ Mr. SHERMA~~ presented a memorial of citizens of Cincinnati, Ohio, ure and Forestry. remonstrating against any modification of the import duty on tin; which Mr. COCKRELL. I present two petitions from members of the bar was referred to the Committee on Finance. of St. Louis, Mo., very largely signed by the leading judges and mem­ He also presented a petition of Farmers' Alliance No. 38, of Mallet bers of the bar there, praying for the passage of some law for the re­ Creek, Ohio, praying for the passage of House bill 5353, defining op· moval of the accumulated business before the Supreme Court, and tions, futures, etc.; which was referred to the Committee on the Judi­ praying that action may be taken at the present session. ciary.

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2828 CONGRESS.IONAL RECORD-SENATE. MARCH '31,

He also presented a petition of a mass-meeting of ex-soldiers and sail­ half sundry petitions of members of the bar of that State, praying for ors of Muskingum. County, Ohio, praying for the passage of the service­ the passage of legislation for the relief of the Supreme Court. I move •I pension bill and the repe.i l of limitation in the arrears act; which was that the petitions be referred to the Committee on the Judiciary. referred to the Committee on Pensions. The motion was agreed to. He also presented a petition of Dick Cheatham Post, No. 317, Grand Mr. TELLER presented a petition of members of the bar of the Sliate Army of the Republic, of Beverly, Ohio, praying for the passage of the of Colorado, praying for action for the relief of the Supreme Court of per diem pension bill; which was referred to the Committee on Pen­ the United Sliates; which was referred to the Committee on the Ju­ sions. diciary. Mr. STOC_KBRIDGE presented a. petition of members of the Michi­ He also presented a petition of Subordinate Uuion No. 1 of the gan Bar Association, praying for legislation to relieve the United States Bricklayers and Masons' International Union of America, at Denver, Supreme Court; which was referred to the Committee on the Judiciary. Colo., praying that none but American citizens be employed on Gov­ Mr. SQUIRE presented a memorial of the Legislature of Washing­ ernment works; which was referred to the Committee on Education ton; which was referred to the Committee on Commerce, and ordered and Labor. to be printed in the RECORD; as follows: Mr. EVARTS presented memorials of subordinate unior.s of the Bricklayers and Masons' International Union of America, of New UNITED STATES OF AMERICA, STATE OF WASHINGTON, Office of the Secretary of State. York City, Brooklyn, Newburgh, Cohoes, Long Island City, J ohnstow:tJ, I, Allen w·eir, secretary of state oi the State of Washington and custodian of and Ogdensbnrgh, in the State of New York, praying for such amend­ the seal of said State, do hereby certify that I have carefully compared the at­ ment of the laws as will require the employment of none but citizens tached instrument of writing, i. e., senate memorial No. 19, asking that sub­ of the United States on all Government works; which were referred t,o sidies be granted for establishing lines of steamers to foreign ports of the Pacific Ocean,with the original now on file in my office, and that the same is a correct the Committee on Education and Labor. transcript therefrom and of the whole of said original. He also presented a petition of the New York State Engineers' So­ In testimony whereof I have hereunto set my hand and affixed the seal of said ciety, numbering 604 members; a petition of 152 citizens of the city of State, at Olympia., this 17th day of February, A. D.1890. !SEAL.] ALLEN 'VEIR, Secretary of State. New York; and a petition of 177 citizens of New York City, praying for the free coinage of silver; which were referred to the Committee on [Senate memorial No. 19. l Finance. To the honorable the Senate and Bouse of Representatices He also ·presented a memorial of the committee on peace and arbi­ of the United States in Oon~ress assembled: tration of the religious society of the New York Yearly Meeting of Your memoriallst, the Legislature of the State of 'Vashingtoo, would respect­ Orthodox Friends, of Purchase, N. Y. ; a memorial of the Elba Monthly fully represent: That, notwithstanding the great volume and immense value of the agricultu­ Meeting of Friends, of Genesee County, New York; a memorial of the ral and manufactured products of the United States, the percentage thereof ex­ Farmington Monthly Meeting of Friends, of Ontario County, New ported to foreign counti·ies in .American vessels is insignificant; which fact, when York; and a memorial of the Smyrna Monthly Meeting of Friends, compared with the earlier history of the commerce of the country, is extremely humiliating to the pride as well as detrimental to the interests of every patri­ numbering 80 persons, of Chenango County, New York, remonstrating otic American citizen; against large expenditures on the Navy and so-called coast defenses; That we are the producers of various articles of agriculture, the manufactur­ which were referred to the Committee on Naval Affairs. ms of oleaginous and cereal merchandise, of agricultural implements, of mill­ ing and mining machinery, of woolen and cotton fabrics, of furniture and He also presented a petition of about 1,000 members of the bar of the household wares, which are unexeelled by those of any other country, but the city of New York, praying legislation for the relief of the Supreme Court great and pressing want is efficient means of transportation to those who would of the United States; which was referred to the Committee on the be consumers of our products, and thereby afford us a wider market and en­ conrage lhe development of our resources; Judiciary. 'l'hnt the establishment of a steam-ship line or lines between the United States Mr. DAWES presented a petition of the Letter-Carriers' Association of America. and the republics of Central and South America and the empires of of Pittsfield, Mass., praying for certain amendments of House bill 3863, Jn pan and China. would place our farmers and manufacturers in a position to compete successfully in their markets with other countries, and thereby secure in relation to the compensation of letter-carriers; which was referred the trade that properly belongs to us; to the C-0mmittee on Post-Offices and Post-Roads. 'fllat our merchant marine, which was once the pride of' every American citi­ Mr. DANIEL presented the petition of Holmes Conrad, Richard E. I zen, has declined from its former proud eminence to comparative decay and unimportance, a. result largely attributable to the neglect of our General Gov­ Byrd, A. R. Pendleton, and others, members of the bar of Winchester, ernment and the liberality and fostering care of foreign nations in subsidizing Va., praying for relief of the Supreme Court of the United States from their steam-ship lines, and as there can be no doubt that a similar course of sub· over-accumulation of cases; which was referred to the Committee on sidizing our own merchant ma.rine by our Government "\\'ould enable us to re­ gain our share of the commerce of the world : the J udicia.ry. 'Therefore, your memorialist, the Legislature of the State of W ashingt-0n, would Mr. WASHBURN presented resolutions of the Chamber of Com­ most respectfully and earnestly petition your honorable body to enact speedy merce, of St. Paul, Minn., favoring reciprocal relations with Canada; and effective legislation making appropriations and granting subsidies for the purpose of aiding American citizens and American capital in establishing and which were referred to the Committee on Foreign Relations. maintaining at least two lines of steam-ships from the Pacific coast of the United He also presented the memorial of the city council of Anoka, Minn., States. one from the port of San Francisco to the Central and South American praying for the erection of a public building in that city; which was republics, and one from Puget Sound to China and Japan. And as in duty bound your petitioners will ever pray. referred to the Committee on Public Buildings and Grounds. Passed 1he sennte January 13, 1890. Mr. PLUMB presented a petition of Subordinate Union No. 3 of the -. CHAS. E. LAUGHTON, Bricklayers and Masons' International Union of America, of Topeka, Presidtnt of the Senare. Passed the house January 15, 1890. Kans., praying for legislation against the employment of aliens on J. W. FEIGHAN, Government works; which was referred to the Committee on Educa­ Speaker of the Bouse. tion and Labor. Mr. PADDOCK presented seven petitions of Farmers' Alliances of He also presented a petition of the Typothetre of Topeka, Kans., Nebraska, praying for the free and unlimited coinage of silver, the de· praying for the passage of the bill now pending for an international feat of the Windom bill, and the defeat of the bill to issue bonds as a copyright law; which was ordered to lie on the table. basis for bank-notes, etc.; which were referred t-0 the Committee on l\Ir. BLAIR presented the petition of 9 leading members of Cheshire Finance. County bar, State of New Hampshire; the petition of 14 members of He also presented sundry petitions from Farmers' Alliances of Ne­ Coos County bar, State of New Hampshire; the petition of 13 members braska, praying that the time for the payment of the indebtedness of of Hillsborough County bar, State of New Hampshire, praying for legis­ the Union Pacific Railroad Company to the Government be not extended; lation for the relief of the Supreme Court of the United States; which which were ordered to lie on the table. were referred to the Committee on the .Judiciary. He also presented a petition of the mayor and council of Lincoln, REPORTS OF COMMITTEES. Nebr., praying that an appropriation be made for a deep-water harbor Mr. DAVIS, from the Committee on Pensions, to whom was referred at Galveston, Tex.; which was ordered to lie on the table. the bill (S. 3295) for the relief of J. W. Dillman, asked to be discharged Ur. PLATT presented a petition of Subordinate Union No. 1 of the from its further consideration and that it be referred to the Committee Bricklayers and Masons' International Union of America, of Hartford, on Naval Affairs; which was agreed to. Conn., praying that on public works employment be given to citizens 1.1r. WILSON, of Iowa, from the Committee on the Judiciary, to of the United States in preference to aliens; which was referred to the whom was referred the bill (H. R. 6942) to divide the judicial district ., Committee on Education and Labor. , of North Dakota, reported it with amendments. . Mr. HALE presented a paper containing additional signatures to the He also, from th.e same committee, fo whom was referred the bill (S. petition of iron and steel manufacturers of New England, praying that 1448) to subdivide the judicial district of North Dakota and to provide iron ore and coal be put upon the free-list, and that the duty on pig­ four subdivisions thereof and authorize district and circuit courts of the iron, scrap-iron, and scrap-steel be restored to 24 per cent. ad valorem; United States to be held once each year at the cities of Bismarck, Fargo, which was referred to the Committee on Finance. Grand Forks, and the city of Devil's Lake, N. Dak., on condition that M:r. DlG ALLS presented a petition of the county commissioners of the local authorities furnish the room and facilities for holding said Edwards County, Kansas, praying that an appropriation be made for a courts at said cines free of charge to the United States, reported ad­ deep-water harbor at Galveston, Tex.; which was ordered to lie on the versely thereon; and the bill was postponed indefinitely. table. Mr. REAGAN, from the Committee on Post-Offices and Post-Roa::ls, Mr. HOAR. I was requested by the senior Senator from Rhode Isl­ to whom was referred the bill (S. 557) for the relief of H. J. Cheney, and [Mr. ALDRICH], who is obliged to be absent, to present in his be- reported it without amendment, and submitted a rnport thereon•

.· ...... , . . ,... ' ·I. ,, ' ,. / ... ~ , . .- 1890. .CONGRESSIONAL RECORD-SENATE. 2829

Mr. TURPIE, from the Committee on Pensions, to whom were re­ MESSAGE FROM THE HOUSE. ferred the following bills, reported them severally without amendment, A message from theHouseof Representatives, by Mr. McPHERSON, its and submitted reports thereon: Clerk, announced that the House had passed the following joint reso­ .A bill (H. R. 3221) granting a pension to Margaret J. Fletcher; lutions; in which it requested the concurrence of the Senate: .A bill (H. R. 3228) for the relief of William Carroll; Joint resolution ·(H. Res.128) construing part of aet of March 2, .A bill ( H. R. 3225) granting an increase of pension to Daniel M. 1889, making appropriations for the office of Second .Assistant Post­ Maulding; and master-General; and .A bill (H. R. 3227) for the relief of Samuel L. M. Proctor. Joint resolution (H. Res.136) for the relief of sufferers in the Misa Mr. TURPIE, from the Committee on Pensio~. to whom was re­ sissippi Valley. ferred the bill (S. 2160) for the relief of Samuel L. M. Proctor, reported adversely thereon; and the bill was postponed indefinitely. PUBLIC BUILDING AT ATCHISON, KANS. -· J, M. BRYAN. The VICE-PRESIDENT laid before the Senate the amendments of Mr. TELLER. On the 10th of March I introduced a bill (S. 3056) the House of Representatives to the bill (S. 2406) to provide for the to compensate J. :M. Bryan for property at Choteau St;ation taken from purchase of a site and the erection of a public building thereon at him by the Cherokee Nation, and it was reforred to the Select Commit­ Atchison, in the State of Kansas. tee on Indian Depredations. I find that that was a wrong reference, Mr. SPOONER. I move that the Senate non-concur in the amend­ nnd I move that the Select Committee on Indian Depredations be dis­ ments made to the bill by the House of Representatives. charged from the further consideration of the bill and that it be re­ Mr. HARRIS. Let the amendments be read. ferred to the Committee on Indian Affairs. The VICE-PRESIDENT. The amendments of the House of Rep­ The motion was agreed to. resentatives will be stated. The Chief Clerk read the amendments. BILLS INTRODUCED. The VICE-PRESIDENT. The Senator from Wisconsin moves that Mr. SHERMAN introduced a• bill (S. 3328) granting a pension to the Senate non-concur in the amendments made to the bill by the House Mary Norman; which was read twice by its title, and, with the accom­ of Representatives. panying papers, referred to the Committee on Pensions. The motion was agreed to. Mr. BUTLER introduced a bill (S. 3329) authorizing the city of Ur. SPOONER. I move that the Senate insist upon its disagreement Charleston to open Concord street through the grounds of the United to the Honse amendments and request a conference on the disagreeing States in that city; which was read twice by its title, and, with the ac­ votes of the two Houses. companying papers, referred to the .Committee on Public Bui1dings and Mr. .ALLISON. May I ask the Senat.or from Wisconsin what dispo­ Grounds. sition has been made of the bill relating to a public building at Cedar Mr. EVARTS introduced a bill (S. 3330) for the relief of George W. Rapids, in the State of Iowa? Quintard; which was read twice by its title, and referred t.o the Com­ Mr. SPOONER. It gives me great pleasure to inform the Senator mittee on Claims. from Iowa that the Senate at its last sitting non-concurred in the amend­ He also introduced a bill (S. 3331) to reappoint Warren C. Beach a ments made by the House of Representatives to the Cedar Rapids bill captain in the Army, and to place him on the retired-list, in addition and the Bnrlington bill, and that a conference has been requested. to the number now authorized; which was read twice by its title, and, Mr. HAWLEY. Can the Senator give me the same assurance about with the accompanying papers, referred to the Committee on Military the New London public-building bill? . . Affairs. Mr. SPOONER. I can assure the Senator from Connecticut if be will Mr. DOLPH introduced a bill (S. 3332) ~ranting an increase of pen­ have patience that the New London bill will come along in season. sion to Margaret E. Pierce; which was read twice by its title, and, with The VICE-PRESIDENT. The Senator from Wisconsin moves that the accompanying papers, referred to the Committee on Pensions. the Senate insist upon its disagreement and request a conference with Mr. CULLOM introduced a bill (8. 3333) to place Romeo Friganza the House of Representati.ves. on the retired-list; which was read twice by its title, and, with the The motion was agreed to. accompanying papers, referred to the Committee on Naval Affairs. By unanimous consent, the Vice-President was authorized to appoint >, - He also introduced a bill (S. 3334) authorizing the Secretary of War the conferees on the part of the Senate, and Mr. SPOONER, Mr. MoR~ to deliver to Charles W. Thomas two James rifled cannon; which was RILL, and Mr. VEST were appointed. read twice by its title, and, with the accompanying papers, referred to the Committee on Military Affairs. TREASURY NOTES AND BULLION. Mr. STOCKBHIDGE introduced a bill (S. 3335) granting an increase The VICE-PRESIDENT. Is there further morning business? If of pension to Clinton Spencer; which was read twice by its title, and not, that order is cloEed. referred to the Committee on Pensions. Mr. REAGAN. In pursuance of the notice given by me on Satur­ Mr. WILSON, of Iowa, introduced a bill (S. 3336) granting a pen­ day, I call up the bill (S. 2350) authorizing the issue of Treasury notes sion to James Vincent, sr.; which was read twice by its title, and, with on deposits of silver ·bullion and the bill (S. 1558) to provide for the the accompanying papers, referred to the Committee on Pensions. free coinage of both gold and silver, and for the issuance of coin cer­ Mr. VEST introduced a bill (S. 3337) dona.ting Lake Contrary, in tificates to circulate as money, and for the retirement of United States the State of Missouri, to the city of St. Joseph, Mo.; which was read legal-tender and national-bank notes of small denominations, and for twice by its title, and referred to the Committee on Public Lands. other purposes, with a view of submitting some remarks t.hereon. Mr. BLACKBURN introduced a bill (S. 3338) to provide for the pur­ The VICE-PRESIDENT. The Chair hears no objection, and the chase of a site and the erection of a public building thereon at Hender­ Senator from Texas will proceed. son, in the State of Kentucky; which was read twice by its title, and Mr. REAGAN. Mr. President, the Senate bill No. 2350, "author­ referred to the Committee on Public Buildings and Grounds. izing the issue of Treasury notes on deposits of silver bullion," as re­ He also introduced a bill (S. 3339) for the relief of the Christian ported by the Committee on Finance, deserves most serious considera­ Church of Henderson, Ky.; which was read twice by its title, and re­ tion. I suppose it is intended to relieve the country from the evil ''t- ... ferred to the Committee on Claims. effects of the worse than blunder of Congress in Ruspending the coinage IIe also introduced a bill (S. 3340) for the relief of Francis M. Nis­ of silver dollars by the act of February 12, 1873. It is a hopeful sign . bet; which was read twice by its title, and referred to the Committee on that a Republican Senate should join in this great work, though the Claims. remedy proposed may not be the best. It is something to the country • I • Mr. INGALLS (by request) introduced a bill (S. 3341) to provide that the existence of this great wrong has at wt been recognized and for the appointment of an official indexer of public documents; which admitted, and that a remedy may now be hoped for. was read twice by its title, and referred to the Committee on the Li­ I will go beyond a strict discussion of the merits of this bill, and will brary: inquire what are the causes and what the meaning of all the complaints Mr. DAVIS introduced a bill (S. 3342) granting a pension fl) Andrew of bard times o.nd scarcity of money, burdensome debts, and mort;gage.d Hopper; which was read twice by its title, and referred to the Com­ farms, which are coming to us ffom all parts of the count,ry? And mittee on Pensions. what are the remedies for these grievances? Mr. McPHERSON introduced a bill (S. 3343) for the purchase of a Gold and silver have been the money of the world as far back as we \ . site and the erection of a public building thereon in the city of Eliza­ know either its history or its traditions. These constituted the money bethi N. J.; which was read twice by its title, and referred to the of the mother country and of the English colonies before they became Committee on Public Buildings and Grounds. .American States. Mr. INGALLS (by request) introduced a bill (S. 3344) to incorpo­ The Constitution of the United States provides that- rate the Washington and Great Falls Electric Railway Company; which The CongreS3 shall have power to coin money, regulate the value thereof, wa,s read twice by its title, and referred to the Committee on the Dis­ and of foreign coin, trict of Columbia.. .And that- Mr. COCKRELL introduced a bill (S. 3345) to authorize the St. No State shall * * * coin money * * * or make anything but gold and Louis and California Railway Company to construct and operate a rail­ silver coin a tender in payment of debts- way through the Indian Territory, and for other purposes; which was Thus making gold and silver coin the lawful and constitutional money read twice by its title, and referred to the Committee on Indian Affairs. of this country. .:

- I '1 .· ·. \ I I

2830 CONGRESSIONAL RECORD-SENATE. • MAROH 31,

For a more full understanding of this important question I submit the when held by na.tional-bankin.i:1: MS<>ciations, may be counted as part of following statementiS as to amountiS of the precious- metals. their lawful reserve. The world's estimated product of the precious metals from 1498 io If this bill should become a law it would no doubt give temporary 1889, as estimated by Dr. Soetbeer from 1493 to 1879, and by the relief to the people, but I think it is to be regretted that the commit­ American Almanac from 1880 to 1886, and E. 0. Leech. Director of the tee did not report a bill providing for the free and unlimited coinage Mint, from 1887 to 1889, has been: of silver the same as of gold. Of gold ...... $.5, 740, 918, 5&} While this bill provides for a largely increased use of silver it per­ Ofsilver ...... 7,222,227,43> petuates the legal discriminations now existing against silver and in favor of gold. It still retains for the Government the exclusive privi­ Aggregating ...... 12, 963, 546, 435 lege of coining on Government account silver bullion as money, while I do not assume that the whole of this is now available as money, gold is coined for any private person who may take it to the mints 88 there has been some loss by abrasion and by other casualties, and a free of charge. And this billrecognizestheideathatthere is too much still greater reduction by the amount which has gone into the arts. silver produced and that the amount to be put in circulation must be . I also give the world's estimated production of the precious metals limited by law. from 1873, when Congress suspended the coinage of silver dollars, to It was not the great amount of the world's product of silver nor the 1889. It was: amount of silver in circulation which cauoed its deterioration in value; Of gold ...... Sl, 666, 150, 000 for at the date of the paBffilge of our act of Congress in 1873, suspending Of silver...... 758, 495, 000 the coinage of silver dollars, our silver dollars were commanding a pre­ Aggregating...... 2, 424, 645, 000 miu m above gold. The reason for the de monetization of silver was that it would increase the value of gold and of bonds and other evidences The estimated production of the precious metals in the United States of indebtedness, and th~ t it would increase the value of fixed incomes; from the organization of the Mint, in 1792, to 1889 was: that it would tend to enrich the creditor-classes and those who owned Gold ...... SI, 839, 061, 769 money. This would, of course, in a corresponding degree increase tho Silver...... 921,615,000 burdens of those who were debtors, whether persons, corporations, or Aggregate...... 2, 760, 706, 769 States, and of those who create wealth by labor. It was in."lpired chiefly The production of the precious metals in the United States from by the English and German bondholders, by the privileged and wealthy 1873, when Congress demonetized silver, to 1889 was: of Europe who lived on fixed incomes, and by the bondbolders and bankers of this country. It sprung from the venal and corrupt motives Gold...... • ...... $804. 600, 000 Silver...... 850, 3QO, 000 of those who designed to enrich themselves by oppressing and wrong­ ing others. Aud I am persuaded history will write it down as the Aggregate ...... 1,657,900,000 greatest legislative crime and the most stupendous conspiracy against The production of the precious metals in the United States from the welfare of the people of the United States and of Europe which 1878, when Congress provided for the limited recoinage of silver, to this or any other :ige has witnessed. 1889 was: While the masses of the people of this country and of the Govern­ ments of Europe which participated in this conspiracy all suffered Gold...... -...... $(20, 075, ()()() greatly from the effects of silver demonetization, the holders of gold Silver...... 584,145,000 have, by this policy, had their hoards increMed about 30 per cent. in Aggregate ...... _ ...... 1, 004, 220, 000 value. The holders of Government and corporate securities have real­ I have thought it best to make these statements to aid in an under­ ized a like or greater increase in their value. And those who enjoy standing of the questions I shall discuss, and to show, approximately fixed incomes find the purchasing power of those incomes greatly in­ at least, the amount of met.al money which is employed in and pro­ creased. duced by this country, and to show the relative amountiS of gold and The United States was, in 1873, as now, a great debtor country. The silver so employed. several States, nearly all of them, the municipal corporations of this The amount of coinage in the mints of the United. States from the country, mostofthem, and the railroads, and many other corporations organization of the Mint to June 30, 1889, was as follows: of this country were debtors then, as they are now, to an enormous ex­ tent, mostly to English capita.lists, but to a considerable ex.tent to Ger­ Five-cent pieces...... 39, 917, 060. 90 man capitalists, not to speak of the great aggregate of indebtedness of Three-cent pieces ...... 9M>, 785. 45 Two-cent pieces...... 9l2, 020. 00 joint-stock companies and individual citizens of this country. And on One-cent pieces ...... 8, 754, 804. 06 this account it was against the intereata and policy of this country to Half-cent pieces ...... 39, 926.11 add some 33 per cent. to this vast Tolume of indebtedness, as was done Gold ...... - ...... 1, 500, 666, 207. 00 Silver...... 567, 291, 25L. 45 by the demonetization of silver in 1873. The United States, then as . ,,, Minor coins ...... 20, 564, 596. 52 now, was the largest silver-producing country in the world. The world's production of silver during the calendar years 1878 to Aggregate ...... 2, 109, 086, 651. 49 1889, inclusive, was $1,368,200,000. The production of silver in the Omitting the several kinds of minor coins, this table shows that there United States during the same time was $584, 145, 000. It is thus seen has been coined since the organization of the mint $933,375,04.5.55 that during the last twelve years the United States has produced about more gold than silver. 43 per cent. of all the silver produced in the world. A principal effect By the eleventh section of the act of Congress of April 2, 1792, it of the demonetization of silver was greatly to depreciate this vast fund was provided that the proportioned value of gold and silver coins should of wealth in its value while reducing the value of all other property be as 15 to 1; '' that is to say, e>ery fifteen pounds weight of pure silver to gold prices. The royal commission of Great Britain, in 1886, which shall be of equal value in all payments with one pound weight of pure was appointed to investigate the recent changes in the relative values gold." By this act silverwas overvalued as compared with the stand­ of the precious metals, estimate that the reduction of the prices of ards of other countries. The effect of this was to some extent to drive commodities generally was about 33 per cent. by demonetizing sil­ gold out of the country. ver. Other authorities estimate this reduction at from 30 to 35 per By the ninth section of the act of Congress of January 18, 1837, the cent. The >alue of all the property in the United States in the year proportioned value of silver to go1d coins was made as 16to1. By this 1850 was estimated at $7,135, 780,228.11. In 1860 it was estimated at net silve-r was undervalued as compared with the standards of other $16,159,616,068. In 1870 it was estimated at $30,068,518,507. In 1880 countries, which, in about all the commercial nations of the world, was it was estimated at $43,642,000,000. These estimates are taken from then, as now, 15~to 1. This undervaluation of our silver-dollar coins, Spofford's Almanac for 1890. The New York World Almanac fo; th.ii making them worth about 3 per cent. more th:m coins of like denom­ year estimates, on the authority of the :financial officers of each State inations in Europe and elsewhere, it is believed caused the export­ and Territory, that the value of the property in the United States is this ation of much of the silver bullion _produced in this country up to the year $61,459,000,000. If the revolution in prices caused by the degra­ .... time of the degradation ofsilverbythelegislation of the United States dation of silver has reduced the value of this property by the sum of 33 and of the most of the nations of Europe; and it is believed that this per cent., it means a loss to the owners of this property $18,437, 700,000. fact accountiS for the very limited amount of silver coinage from 1837 The wages of labor went down in very nearly the same ratio. And .. . t.o 1878, at which latter date Congress provided for the compulsory by the depression of business thousands of laboring people in this and (' coinage of not less than two million nor more than four million dollars other countries were thrown out of employment. And Senators will worth of silver bullion per month. remember how bankruptcy and financial ruin spread their sickening The bill under consicleration proposes to repeal so much of the act of pall all over this country from 1873 until 1878 and the vast amount of 1878 us requires the coinage of not less than two million nor more than property which, during that time, was sold for taxes, because money four million dollars' worth of silver per month, and to require the Sec­ was so scarce and dear that a large part of the people could not obtain retary of the Treasury to purchase silver bullion to the amount of it to pay either debts or taxes. $4,500,000 worth per month, and to issue Treasury notes for a like On December 31, 1888, Poor's Manual shows the interest on the in­ amount, redeemable in the lawful money of the United States, and debtedness of the railroads of the United States to have been $361,- made receivable for customs, taxes, and all public dues, and which, 835,317.69.

~ ...... 4 •. ~. ,.:...... ,; -- , ... .· I. ~ \ . •,. J .. 1890. , CONGRESSIONAL RECORD-SENATE. 2831

The net earnings of these railroads for that year was $382,261,557, year 1886, as shown by the American Almanac. I have not the data only $20,426,240 more than the interests on their debts...... to show later and lower prices: . ' The same anthority shows that the excess of available revenue over WHE~T, PER BUSHEL. actual payments for that year was only $14,708,010; which was the -.. ":. sum available for that year for the payment of their enormons debts . Highest Lowest Average Decrease, and their accruing interest of about 7 per cent. per annum. The in­ Years.. price. price. price. per cent. terest on some of this indebtedness is higher and on some lower than the rate above supposed. Butthe average is probably about 7 per cent. l8i3 ...... 52.25 $1.50 These figures are presented to show how difficult, if not impossible, l878 ...... •••••••• . 95~ .86 it will be for our American railroads to pay their indebtedness in gold with the prices of commodities and of transportation reduced to gold MESS PORK, PER BARREL. rates. Most of this indebtedness was created when gold and silver and $13.00 United States legal-tender note.'i were thecurrentand lawful money of m~ ::::::::::::::::::;::::::::::::::::::::::::::::::::! n~: ~ 10.00 the country, and before the prices of commodities and of transportation I had been reduced by the demonetization and degradation of silver by RAW COTI'OS, PER POU1'.~. our own and other conn tries. $).13 $0.17 With values reduced 33 per cent. by the degradation of silver by the $0.21 I .08}j I combined action of the United States and the Governments of Western ~:::::::::: ::::::::::::::::::::::::::::::::::::::::: ! .09/4 .osa i···· .. ···48."3 to Europe this would be equal adding to the indebt.edness of our rail­ FLOUR, PER BAR.REL. roads the sum of $1, 705, 795,069, increasing it to the sum $6,874,871,- 036. It would require, on the basis of last year's receipts, the entire Highest Lowest .Average Decrease, net earnings of our railroads for about eighteen yea.rs to pay the prin­ Years. price. priee. price. per cent. cipal of this indebtedness without reference to the supposed interest of $361,835,317 which would accrue annually. And this without 1873 ...... - ...... ~.25 $4.62 $5.93!3.07! ...... being compounded would, in ejghteen years, produce an aggregate of 1878 ...... 3.50 2.15 48:3 interest of$6,513,035, 706. In the year 1873, when silver was demone­

tized, the public debt of the Unit.ed. States amounted $2,234,482,993. COR~, PER BUSHEL, The reduction of the value of commodities and labor out of which this debt was to be paid 33 per cent. by the demonetization of silver resulted $0.77 $0.53 $).631 substantially in increasing the debt about $737,379,387. ~ :::::::::::::::::::::::::::::::::::::::::::::::! .55 .43 . 4.7 !······-···;;;:;; The State, county, and municipal debts in the United States in the .. . year 1880, as shown by the census, amounted to $1, 056, 584, 146. Thirty­ SALT, PER SACK. three per cent. of this sum makes $348, 672, 768. We have no means of determining the amount of other descriptions $3.50 $3.00 $3.25 of corporate indebtedness and of the debts of associations and indi­ m~::::::::::::::::::::::::::::::::::::::::::::::::::: I 2.15 .70 1.42! viduals, the payment of which, like those just mentioned, was influ­ enced and rendered more difficult by the demonetizing of silver. But Average per cent. of decreR.Se, 43. 3 on these sta.ple articles. their aggregate doubtless amounted to more than a thousand million As additional evidence of the continuous reduction of the prices of dollars. farm prod nets, I snbmit the following table, showin,g the relative amount Now, let us recapitulate the supposed increase of the itemsofknown and value of the corn, wheat, and oats crops of the United States for indebtedness as just stated: the years 1888and1889, as shown by the report of Mr. J'. R. Dodge. the

Increase of r&ilroa.d indebtedness...... $1, 705, 795, 069 statistician of the Agricultural Department, for December, 18891 giving Increase of national debt...... 737, 379, 3".17 the increase in the number of bushels of each and the decrease in the Increase of State, county, and municipal debts...... ~672, 768 value of each from 1888 to 1889: Aggregating...... 2, 791, 847, 224 CORN. I make these st.atements to show that the act of Congress of 1873 de­ monetizing silver, in connection with the hostile policy of Great Britain Years. I Bu>hels. I':;:.".,'.• I Value. I ~ and Germany and the Latin Union and other p;overnruents of Europe -~ towards silver as money, was the equivalent, to the people of the United States, of the creation of a new debt of $2,791,847,224: in connection i:~::::::::::::::::::::::::::::::::: 1 ~:m:~~ 1 ···i25:·i92."000· 1 ~~Hf~:~ 1 ·$79;542;760 with the three items of indebtedness I have mentioned above. How great the other burdens of debt and taxation imposed on our people in WHEAT. connection with other classes of corporations and associations and in­ . , dividuals by this legislation and policy I have no means of stating, but it must have been enormous. := :::::::::::: :::::::: :::::: ::::::! ~: ::: ::=: j····:;(oM; ooo· j :;: ~ \'::! i···c:r.;;:m Now, let us not forget that this was debt created by law, for which those who have to pay it received no consideration and for which those OATS. who received it have not paid anything. It was simply the transfer of that enormous amount of values from one class of our people, without lS88...... ~11,' ..51 ~,5-', 000 ·····4·9··.·1·-.;;;,·ooo····· ·l 11ga1-1', 1s1',424 oos240 ···23···.·-,u·.;·232 price or consideration, by a bold, bald, audacious, and fraudulent piece 1889...... ,., av ~ of legislation, for the purpose of making the rich richer and the poor of Aggregates ...... 249, 665, 000 I··...... 145, M2, 215 the country poorer, of making dear money and cheap labor and property. .,. Will this Senate continue to sanction this great wrong and outrage Avera~e decrease in value, 13.57 per cent. and refuse to adopt a partial remedy by restoring our ancient and eon­ While such of the foregoing were some of the consequences of the stitntional currency of silver and gold, without any legal discrimination demonetization of silver upon the interests of the people of this conn against silver? I say" partial remedy," because much injustice, much try, let us see how it affected the interests of Great Britain and Ger­ wrong, has already been done by demonetizing silver which can never many. Great Britain produced very little silver, and therefore had to be remedied. - make but little sacrifice in taking from it the quality of money. The The reduction of the value of farms, factories, and other kinds of United States produced a great deal of silver, and therefore had to make property and labor in this country by the degradation of silver is al­ a great sacrifice in impairing its use as money. The following tablo most incalculable. This policy has been the cause of the sacrifice of shows the amount of silver produced in the United States and Great thousands of homes, and has entailed a vast amount of poverty and Britain, respectively, during the years of 1883, 1884, 1885, and 1886 suffering on the people, for which no action which Congress can take can ever reward them. In the name of justice and humanity let us now, by an act of wise statesmanship, protect our people against such I 1883. 183l. 1!185. 1--1886__ · -l-A-g0-crr_e_ga_te._ wrongs in the future. These percentages of loss may to some extent have been influenced united s.taf:es ...... ,$(6, 200, ooo $4.8, ~· ooo S51, 600, ooo 1 ~1. ooo, !_lOO $197, 600, 000 by other causes, such as the increased use of improved machinery and Great B1·1tam. ....•...• 209, 000 335, 000 316, 000 I 420, 150 1,280, 750 improved facilities for transportation. But I think there can be no doubt that it is mainly due to the efforts of the capitalistic classes to This table shows that the United St.atesprodnced during thoseyears control the financial policy of this and other countries, so as to enrich more than one hundred and fifty-four times as much silver as Great the few at the expense of the many. I submit the following table to Britain. And by the demonetization of silver in 1873, in addition to ·- illustrate the fall of the prices of various staple commodities from the other losses, the interests of tens of thousands of men engaged in silver year 1873 when silver was demonetized by the United States, to the mining and of their dependent families were toa large extent sacrificed

• I -, - . , •' .· ...... _ -, I ' -' . .-: 2832 CONGRESSIONAL RECORD-SENATE. MARCH 31,

.,,,. . by that Congress. While the interests of our people in these many re­ silver coinage in this country have induced Congress and the Treasury spects were being thus sacrificed, Great Britain, by the shrewdness of Dapartment, under the third section of the act of Congress of January her statesman and financiers, was enriching her people as the result of 14, 1875, "to provide for the resumption of specie paymentsJ" and nn· the stupidity of onr Congress. der the twelfth section of the act of June 12, 1882, ''to enable national· Oar silver dollars of 412! grains of st:lndard silver, from the year 1834 banking associations to extend their corporate existence, and for other to 1873, had ranged from the par of gold to a premium of 4. 69 per cent. purposes," held idly and uselessly in the United States Treasury from above gold. Since 1873 the discount on our silver dollars bas ranged year to year for ten years $100, 000, 000 in gold on the pretense that from 1.4 per cent. to the present discount of over 28 per cent. this was necessary to enable the Government to redeem and reti.te from : Great Britain has profited by our folly by buying the greater part{lf circulation the outstanding legal-ten

zation of silver. _ the public indebtedness, and under which this reserve of $1001 000,000 Capitalists of Great Britain own, and did then own, hundreds of of gold should have been released and should have gone in to circulation. millions of dollars' worth of the interest-bearing bonds of other coun­ But the national banks wanted the legal-tender notes retired so that tries and of the corporations of other countries. · They are the owners they might supply their place with bank paper, while the bondholders, and holders of a considerable part of the bonds of the United States, large money-holders, the creditor class, and those havingfixed incomes of the bonds ofthe several States, of the bonds of the municipal cor­ required the contraction of the volume of circulating money. And porations of this country, and of the bonds of the railroad corporations their will seems to govern the financial policy of the United States in· of this country. The bonds they hold on this and other countries con­ stead of considerations looking to the general good of the public. stitute a considerable part of their diviaend-paying property. It is to We are informed by the Secretary of the Treasury in his last annual the interest of Great Britain to give these bonds the largest value. report that the Government sold $100,000,000 of 4 per cent. bonds to To reduce the volume of the money of the world and the kinds of accumulate $100,000,000 in gold, to be held for the redemption of the money out of which they can be paid is to increase the difficulty of outstanding legal-tender notes; and that- paying them, by reducing the value of the property and labor required We have already paid out $40,000,000 interest on these bonds, as a portion of for their payment. For instance, a million bushels of wheat in 1873, the cost ofmainta.lning the outstanding $346,000,000 of United States notes, and when the average price of wheat was $1. 90 cents per bushel, would have we a.re still paying $4,000,000 a year for that purpose. -paid off $1, 900, 000 of American indebtedness. While a million bushels That is, we have already paid $40,000,000 for the luxury of keeping in 1886, when wheat was only worth 90l cents a bushel, would only $100,000,000 of ~old idle in the Treasury, to redee.m notes which the have paid off $907,500 of our indebtedness to that country. law requires to be kept in circulation, and instead of using that hoard So a million pounds of raw cotton in 1873, when its average price to pay $100,000,000 of our public debt and to relieve the people from ., . per pound was 17 cents, would have paid off $170,000, while a million payin~ $4,000,000interesta year, we tax them $4,000,000 a year to keep pounds of cotton in 1886, when it was worth 8 ~ cents a pound, would $100,000,000 of gold out of circulation. only have paid off $88,880 of our debts to Great Britain. Germany In view of the fact that the Government collects annually about ha3 the same kind of an interest in this respect which Great Britain $400,000,000 of revenue and has an annually increasing surplus ofrev· has, only in a less degree, as her people hold a less amount of the bonds enue in the Treasury, the Secretar.v of the Treasury made, without com­ of other countries. ment, a statement which leaves the impression that the sacrifice of The interest of the capitalists of both those countries was to secure $4, 000, 000 a year is nec~ry as a means of maintaining at par the the adoption of a financial policy which would make money scarce outstanding legal-tender notes. I doubt if there is an intelligent person and dear and property and labor cheap, while on account of the in the country, out.side of the Treasury Department and of the class large indebtedness of the governments, corporations, and people of this benefited by the present financial policy of the Government, who does country, our true interest was to have had an ample volume of money not know that the people prefer the legal-tender notes to gold. And with good prices for property and labor. And our statesmen and finan­ there is no reason to doubt that, if this $100, 000, 000 of gold were paid ciers owed it to our people to sustain such a policy instead of weakly out and put in circulation and the public debt and interest on it re­ or wickedly aiding to carry out the British and German policy by de­ duced by that means, still the legal-tender notes would remain at par monetizing silver. with gold. The monometallists, the bondholders, most of the bankers and large In this statement I do not forget the rela.ti ve dates of the acts of Con­ money-holders, and many of those who have fixed incomes in this gress of 1875 and 1882 to which I have just referred. But the latter and other countries continue their war on silver as money. They are act does not repeal the former, and the retention of that large sum of continuing this struggle for dear money and cheap labor and cheap prop­ gold in the Treasury is certainly unnecessary for the redemption or for erty. It is this that justifies, at this time, my review of the unwise the preservation of the value of the legal-tender notes as currency. and impolitic demonetization of silver. The pretense for this was that Besides the wrong of keeping this large sum of money out of circu· there was too much silver. lation, I submit that while the Government is collecting a million and T·hat pretense is answered fully by the fact that from the time of the a half dollars of revenue a day, even if the legal-tender notes were re· adoption of the ratio between gold and silver of 16 to 1 by the act of quired to be redeemed, it would not be necessary for it to retain so ., Congress ofJanuary 18, 1837, until the passage of the act of February 12, large a reserve as this. Its position is entirely different from that of ., 1873, which suspended the coinage of silver dollars, that is, for the thir­ a bank, which draws no revenue from the public except the interest on ty-six years immediately preceding ourdemonetization of silver, it was its loans~ and its policy, by the rules of common sense, aught also to be continuously at a premium over gold. In 1854 that premium was 4. 26 different. 'I per cent. and in 1857 it was 4.67 per cent. These facts show conclu­ I call attention to the following paragraph in the late annual report sively that silver coinage was not suspended on account of its value as o!' the Secretary of the Treasury: money being reduced by its abundance, for our silver dollars up to that If the issue of silver dollars, or the certificates which represent them, should time were worth more than our gold dollars, but that its depreciation become so numerous as to endanger the free circulation of gold and its repre­ sentat.ives, gold certificates and legal-tender notes, the dues of the Government was due a.lone to the hostile legislation of this and other countries. would soon be paid in silver, and as heretofore the interest and principal of This review is also made necessary by the fact that every adminis­ the obligation.CJ of the Government have been paid in gold, it would only be a tration of the Federal Government from the time of the passage of the questibn of time when the specie reserve in the Treasury would change from Bland·.Allison law of 1878, providing for the coinage -0f not les.s than two gold to silver to such an extent as to force the Secretary to pay out; silver. million nor more than four million dollars' worth of silver bullion per The Secretary seems to forget that the customs duties, which consti­ month, has been hostile to silver coinage; and each of these Administra­ tute the principal part of the revenues of the Government, are now pay­ tions has limited the amount of silver coinage to about the minimum able in silver and silver certificates and have been for twelve years amount prescribed by that law. And the officers of the Treasury De­ past. The financial policy of the present Administration, as of all its partment have all this time used their official positions and influence predecessors for the last seventeen years, draws its inspiration from the todegradesilver for the benefit of capit.aland to the injury of the in­ bondholders and money-sharks of Great Britain, Germany, and this dustry and labor of the country. And in my opinion each of these Ad­ country, and gets its law from Wall street for thevirtual repeal of the ministrations and every officer who has so acted ought to be held up acii of Congress which makes silver dollars and legal-tender notes a , to public reprobation for the violation of this great public trust. lawful tender in payment of all debts, public and private, except the · The same interests and the same influences which have opposed interest on the public debt.

- J ·, , •· ., •' .· '· . .., 1890. CONGRESSIONAL RECORD-SEN.ATE. 2833

Wall street and the Treasury Department recognize silver dollars as subject without the concurrence of Great Britain and Germany. And a good legal-tender in the payment of public contractors and the offi­ while the masses of the people of those two governments need and want cers of the Government and in the payment of the Army and Navy silver coinage, as our people do, the wealthy and titled classes there and pensioners; but this Administration, like its predecessors, assumes control the financial as well as all other questions of public policy. that nothing but gold is good enough to pay to the bondholders. In The capitalists there know as well as we do the advantage they are reaching this conclusion it seems to have been convenient for the pres­ deriving from the present vicious policy in relation to silver. They ent and past Administrations to forget that these bonds originally cost will not surrender that advantage until forced to do so by the distress ,· the holders of them only about 50 cents in specie on the dollar. of their own people. The talk here about an international agreement Notwithstanding this fact, they have by the unjust policy of the Gov­ on this subject is no doubt intended to amuse and delude our people ernment been made its preferred creditors and have been allowed to and to postpone any action by the Government of the United States for ,.., dictate the financial policy of the Government. And this will continue their relief. to be the case until we elect a President who may draw hi<:J financial in­ The President of the United States is understood to indorse the finan­ spirations from the people of this country and from the consideration of cial policy of his Secretary of the Treasury. what is their interest, and who will not permit Wall street to dictate After referring in his recent annual message to the fact that neither to him who shall be Secretary of the Treasury. In this connection I the present Secretary of the Treasury nor any of his predecessors had wish tO call attention to a few other paragraphs in the recent annual deemed it safe to exercise the discretion given by the law to increase the report of the Secretary of the Treasury. He says: monthly purchases of silver bullion for coinage into silver dollars, they The continued coinage of the silver dollar, at a constantly increasing monthly having heretofore limited such purchases to about the minimum pro­ quota, is a disturbing element in the otherwise excellent financial condition of vided for, the President says: the country, and a. positive hinders.nee to a.ny international agreement looking to the free coinage of bot.h metals at a fixed ratio. I think it is clear that if we should make the coinage of silver at the present Mandatory purchases by the Government of stated quantities of silver and ratio free we must expect that the difference in the bullion values of the geld mandatory coinage of the sa.meinto legal-tender dollars are an unprecedented and silver dollars will be taken account of in commercial transactions, a.nd I anomaly and have proved futile, not only in restoring the value of silver, but fear the same result would follow any considerable increase of the present rate even in staying the down ward price of that metal. of coinage. Such a. result would be discreditable to our financial management and disastrous to a.11 business interests. We should not tread the dangerous The Secretary also forgets that we had the unlimited coinage of silver edge of such a peril. And, indeed, nothing more harmful could happen to the for eighty-one years, from 1792 to 1873, without disturbance of our silver interests. finances on that account, and at par with gold all that time. I quote the above extracts to show, among other things, how thor­ Again he says: oughly the present Administration is opposed to the free coinage of sil­ Surely the stock: of these dollars which can perform any useful function as a. circulating medium must soon be reached, if it has not been already, and the ver dollars> notwithstanding the President in his annual message and further coinage a.nd storage of them will become a waste of pul:Hic money and the Secretary in his annual report express themselves as being in favor a. burden upon the Treasury. of silver as money. I appeal to the Senate and to the country to re­ Again: quire our Secretaries of the Treasury to obey the acts of Congress, made ,/ While many favorable causes have co-operated to postpone the evil effects which a.re sure to follow the excessive issue of an overvalued coin, the danger 10r the good M our people, and to cease their subserviency to the selfish none the less exists. interests of bondholdera and large money-holders, by surrendering Again: themselves to the guidance in financial law and morals of Wall street. The a.mount of gold and gold certificates owned by the people and in circula.­ The functions and value of silver dollarsdepend mainly on their use. tion, exclusive of $l87,572,386 owned by the Treasury on November 1, 1889, wa!;I The policy of our Government of late years and the policy of the 8496,622,300. Free coinage of silver dollars would, as already stated, very soon present Administration is to assume that the product of silver is too put this large amount of gold at a. premium and cause it to be hoarded or ex­ ported, and thus retire it from circulation. great to admit of its use as money, that its coinage should be limited, that it must be treated as a commodity and used for what it is worth We were told a few years ago by a Secretary of the Treasury that the as a commodity. country could not stand more than $50,000,000 of silver coin. And I am aware that both the President and the Secretary of the Treas­ we have from time to timu been warned in many ways that silver coin­ ury have used expressions in treating of this question which indicated age would drive the gold out of the country. But we have gone on that the use of silver as money was desirable. But no one can read all coining silver up to $343,638,001 on the 1st of November last; and still they have recently said on the subject without feeling that those ex­ the increasing accumulation of gold in the Treasury and in the coun­ pressions were meant to propitiate the general public, while the effect of· try goes on, from $213,199,977 in 1878, when we commenced the lim­ their policy and recommendations is against the free use of silver as ited coi~e of silver, to $680,063,505 last year, as shown by the fol­ money. They keep up the policy of holding our laws on this subjectin lowing table: abeyance and carry oat a financial policy in conflict with them, as I Revised estimate of the stock of metallic mone1J in the united States at the will show further on. close of each fiscal year ending June 30, 1873, to June 30, 1889. The bill under consideration, while it proposes to enlarge the use of GOLD. silver as money, falls into the trap of monometallists by recognizing the principle that too much silver is being produced, and that its coinage, Fine bars or the use of its representative, silver certificates, must be limited. Bullion in in sub- Total coin Year. Coin. treasury, and Estimate of- This bill perpetuates this legal discrimination against silver. And it mints. New bullion. perpetuates two other important legal discriminations against that York. metal: the one that the silver dollar shall not be a unit of value and the other that the Government is to have a monopoly of the coinage of 1873 $119, 330, 019 $15, 669, 981 $135, 000, 000 Director Linderman. silver bullion, and that it shall not be coined free for all holders of bull­ 1874 137' 708, 051 9,671,442 ················· !.47, 370, 493 Director Burchard, less ion, as gold is. ················· deductions for employ- So it will be seen that I do not agree with what I understand to be ment in arts and er- ror. the policy of the Administration on this subject or with the principles 1875 111, 507, 562 6,259,631 $3,367, 713 121, 134, 906 Do. and purposes of the committee's bill. 1876 120, 368, 683 6,320, 511 3,367, 713 130, 056, 900 Do. I will recapitulate my objections to the committee's bill: 1877 156, 456, 111 7, 677, 648 3,367, 713 167, 501, 472 !Jo. 1878 205, 7().1,875 7,495, 102 213, 199, 977 Do. First. It perpetuates the legal discriminations against silver and in 1879 240, 466, 003 5,275,834 ················· 245, 741, 837 Do. favor of gold. 1880 308, 633, 996 40, 723,426 ·2:48.(784' 351, 841, 206 Do. Second. It fixes a legal limitation to the amount of silver to be coined. 1881 389, 452, 058 86,:>48,696 2.~.784 478, 484, !)38 Do. 1882 450, 557, 490 53,700,225 2,500,000 506, 757, 715 Do. Third. It denies free coinage to the holders of silver bullion, while 1883 486, 930, 099 55,801, 964 ...... 542, 732, 063 Do. allowing the free coinage of gold. 1884 501, 307, 747 44, 193,050 ...... 545, 500, 797 Do. Fourth. It fails to make the silver dollar a unit of value the same as 1885 521, 849, 941 66, 847, 095 588, 697 t 036 Director Kimball. 1886 548. 320, 031 42,454,430 ·················...... 590, 774, 461 Do. the gold dollars. 1887 569, 008, 065 85,512,270 654, 520, 335 Do. Fifth. It by implication admits that there is too much silver pro­ 1888 595, 349, 837 110, 469, 018 ·········...... ········ 705, 818, 855 Do. duced in the world to allow its free use as money. 1889 614,068,360 65, 995,146 ...... 680, 063, 505 DirecLor Leech. These defects in the scheme of the bill are likely to perpetuate fluct­ uation in the value of silver and the value of marketable commodi­ E. 0. LEECH, Director of the Mint. TREASURY DEPARTMENT, ties. BUREAU OF THE MINT, March 11, 1890. I will suggest what seems to me to be a much wiser and better policy ~· Further on he says: on this question than either of those I have combated. First, I would Every silver dollar coined at the ratio of 16 to 1 (actually 15.98 to 1) is a.n ad­ provide for the free and unlimited coinage of silver the same as of gold, ditional obstacle in the way of the adoption of any practicable ratio by interna­ and I would make the silver dollar, like the gold dollar, a unit of value. tional agreement, which is the only final solution of the silver question. This would abrogate all legal diacriminations against silver and restore No one knows better than the Secretary of the Treasury that it is not it to its former status a.s money. possible to sec11re an international agreement a.stosilvercoinageaslong Second. I would require the Secretary of the Treasury to use silver as the capitalists of Great Britain and Germany believe they are secur­ as well as gold in the payment of our bonded indebtedness. This ,,..,. > ing advantage and profit by degrading silver. The Latin Uni~n and would serve the donble purpose of giving it use, employment, as money, other governments of Europe will notagree to any arrangement on this and it would at the same time put it into the possession of the classes XXI-178 ,. I !

• ·~ 2834 CONGRESSIONAL RECORD-SENATE. MARCH 31,

of men who have done so much to degrade it, and who would, when they ministered, so as to prevent the robbery of the farmers, laborers, and had become the possessors of it, be interested in givingit full value and others for the benefit of the wealthy barons of protection. character as money. This course would without doubt do much towards Third. By the crushing out of existence, by Congressional and State restoring it to its par with gold. It would take away the temptation legislation, of trusts and combinations in restraint of free trade among to degrade it. And it would place our Government in the just and the people, for the purpose of raising prices on them and of plunder­ logical position of desiring the use of silver as money and of doing jus- ing them to enrich corporations and monopolies. ticet-0 our own people by paying other public creditors in the same sort of Fourth. The repeal of all such legislation as is intended to benefit a money with which they pay our soldiers, sailors, pensioners, contractors, part of the people at the expense of another part of them. and public servants. Fifth. The suppression of stock gambling in futures by the Legisla- Third. I would call in the gold certificates and silver certificates now tures of the several States and by Congress as far as it has power to act. outstanding and issue in their stead coin certificates, and I would issue With these things done: and all combinations of capital against labor likecoincertificatesand usethematpar forthepurchase ofgoldandsil- and production ended, there would be no further necessity for labor ver coin and bullion, and for any gold and silver coin or bullion which organizations as a means of protection against the combinations of capi­ might come in the Treasury, and make these coin certificates redeem- talists and class legislation. able in either gold or silver coin or bullion at the option of the Gov- This would terminate the contentions and jealousies between differ­ ernment; and I would make them receivable for all public dues and ent classes of people and allow all to go forward, under equal laws, .. . taxes, a lawful tender in the payment of all public and private debts, in the race for success in business. It would restore the condition and allow them to be counted as so much of the reserve required to be which many of us are old enough to remember, when there was no held by the national banks. In this way I would have the Govern- such thing as class legislation, class interests, or class predjudices; when ment hoard as much gold and silver coin and bullion as it could; and every class respected the rights of every other class, and when all felt by so doing make it the interest of the governments of Europe to ac- that they were blessed not only by the freest and happiest Government cept silver again as money at the customary ratio with gold. on earth, but by the fairest and most just laws on earth. Then every Whatever doubt may be entertained as to the soundness of the opin- citizen was proud of the prosperity of every other citizen, ancl loved ion of the Supreme Court of the United States in holding that the issue with patriotic fervor the Government which secured such blessings to of legal-tender notes of the Government, which rest on the general I all alike. promise of the Government for redemption, was warranted by the Con- DEATH OF REPRESENTATIVE GAY. stit~tion, it ~ms to me ~here could be no difficu_lty in making coin Mr. GIBSON. I give notice that on Friday, the 18th proximo, I certi~cates, 'Yh~ch would simply be the representatives of ~o much gold will call up the resolutions from the House of Repi:esentatives in regard ... and silver eom m the Treasrur, a legal tender. These certificates would to the death of Hon. Edward J. Gay, late a Representative in the House be the same as that much com. of Representatives from the State of Louisiana. Fourth. I would also issue coin certificates on the $100,000,000 of gold now held in the Treasury for the pretended redemption of legal­ PENSION AGENTS. tender notes, or use the gold as might be thought best along with sil­ Mr. SHER?iliN submitted the following resolution; which wascon­ ver in paying off so much of the public debt and thus relieve the peo­ sidered by unanimous consent, and agreed to: ple of that much of the principal and the annual $4, 000, 000 of inter­ Resolved, That the Secretary of the Interior be directed to inform the Senate whether or not it is expedient to increase the number of pension agents in the est on that debt. United States. Fifth. I would provide for the retirement from circulation of all legal­ Mr. SHERMAN also submitted the following resolution; which was tender and national-bank notes of denominations less than $10 and sub­ considered by unanimous consent, and agreed to: stitute the small legal-tender notes thus retired by the issuance of legal­ Resolved, That the Committee on Pensions be directed lo report to the Senate tender notes of denominations of $10 and more; and I would issue coin as to the expediency of increasing the number of pension agents in the United certificates to take their place and to take the place of the national­ States. bank notes of denominations less than $10, and thus by use give value PRESIDENTIAL APPROVALS. to the coin certificates. A message from the President of the United States, by Mr. 0. L. Such a course would enable us to get the full benefit of our exten­ PRUDEN, one of his secretaries, announced that the President had on sive mines of gold and silver. It would give us a steady and reliable the 29th ins nt approved and signed the following acts: currency free from fluctuations, and (with the $346,000,000 of legal­ An act . 3279) to suspend the enforcement of the act approved tender notes) of sufficient volume, and it would make our Government March 2 889, entitled "An act to amend sections 4488 and 4489 of the the master of its own finaucial policy and enable it to defy the in­ Revise Statutes, requiring life-saving appliances on steamers;" and trigues of money sharks to use it for selfish, unjust, and unpatriotic An ct (S. 1296) for the relief of the owners, officers, and crew of the purposes. rit" bark Chance. The coinage of $4,500,000 of silver annually, or its use as bullion upon which to issue Treasury notes, as provided by the committee's PENSIONS TO SOLDIERS ASD DEPENDENT RELATIVES. bill, would still be a recognition of a necessity for firing a limit to the r. DAVIS. I now move that the Senate proceed to the considera­ amount of silver to be used, would preserve the Government monopoly tion of the unfinished business, the pension bill. of its coinage, and would leave it subject to fluctuations in price. The motion was agreed to; and the Senate, as in Committee of the The public mind is now ripe for just legislation on this question. Whole, resumed the consideration of the bill (S. 389) granting pensions The question is better understood than ever before, and it is now before to ex-soldiers and sailors wh~ are incapacitated for the performance of 118 for consideration. The best interest of our own country and of man­ manual labor, and providing for pensions to dependent relatives of de­ kind requires its settlement, not by means of a compromising expedient ceased soldiers and sailors. which may seem to tide over present troubles for a time, not with a view The VICE-PRESIDENT. The question is on the amendment pro­ to the promotion of class and selfish interests, but upon sound financial posed by the Senator from Kansas [Mr. PLUMB]. principles, and so as to do justice to all, and so as to make the United Mr. DAVIS. Before that is proceeded with, I desire to submit a States lead the nations of Europe out of the mire of wicked specula­ verbal amendment. On page 4, section 3, line 16, I move to strike out tion into a condition of financial confidence and prosperity. the word •'pensioner,'' and insert ''officer or enlisted man' '-a mere On the 20th day of December last I introduced a bill, Senate bill verbal amendment. 1558, made up ma.inly from the provisions contained in a bill intro­ Mr. PLUMB. Is my amendment pending? duced by the Sena.tax from Nevada (Mr. STEW ART] and one introduced Mr. DAVIS. I stated that before that was aeted on, I wished to by the Senator from Kentucky (Ur. BECK], proposing such legislation offer a verbal amendment. · as I have just suggested. At the proper time I will offer that bill as a Mr. PLUMB. What is the amendment? substitute for the bill reported by the Finance Committee now under Mr. DAVIS. On page 4,. section 3, line 16, I move to strike out consideration. "pensioner," and insert "officer or enlisted man." No more important question than that under consideration could oc­ The VICE-PRESIDENT. The amendment will be stated at the cupy the attention of the Senate, and I trust the result of our action desk. may prove to be a blessing to our own and to other countries. The CHIEF CLERK. On page 4, section 3, line 16, it is proposed to In view of the depressed condition of the agriculture of the country strike out ''pensioner" and insert "officer or enlisted man·" so as to and the reduced values of all kinds of property and of the wages of la­ read: bor we can not afford to let the presentses.sion of Congress end without That said widow was married to the deceased officer or enlisted man prior to the passage of this act. the p~ge of measures to remedy these evils. Congress and the State Legislatures have commenced the great work of economic reform by the Mr. PLUMB. You had better insert the word ''soldier." subordination nnd control of our great lines of transportation by the Mr. DAVIS. The phraseology of the act that precedes this reads in political authorities. • that way. Let us continue this great work: Mr. PLUMB. Very welL First. By providing for the free and unlimited coinage of silver and The amendment was agreed to. the issuance of coin certificates. The VICE-PRESIDENT. The question now is on the amendment Second. By the adoption of a tariff for revenue, limiting the amount of the Senator from Kansas [Mr. PLUMB]. to be collected to the actual needs of the Government economically ad- Mr. BERRY. Is that the amendment offered by the Senator from .-

l I ,_

\ •' I ., . ,. ... I • ., . .; 1890. CONGRESSIONAL RECORD-SEN.ATE. 2835 (

Kansas when the bill was last before the Senate in regard to repealing ratings as had been established by law to be paid to the person who the limitation on the arrears of pension? was suffering under the disability. The VICE-PRESIDENT. It is. Mr. COCKRELL. Will the Senator permit me to ask a question ?tlr. BERRY. That is the amendment? for information? Mr. PLUMB. That is the amendment. l\Ir. PLUMB. Certainly. ~Ir. PADDOCK. That is the amendment which is now pending. ?tlr. COCKRELL. Has there ever been any law prior to that of1879 Mr. BERRY. I ask for the yeas and nays on the adoption of the which gave pensions back of the date of application? amendment. Mr. PLUMB. There was a limitation under the law in existence It to Mr. PADDOCK. strikes me that the amendment ought be read at the time of the close of the war, of five years during which the ap­ •' in full. plication must be made, but the application being made during that The VICE-PRESIDENT. The amendment will be read. period it related back to the date of the disability, and up to the time The CHIEF CLERK. It is proposed to add as a new section: of the passage of the law of1879 a large number of cases had accumu­ .... That section 2 of the act or March 3, 1879, chapter 187, entitled "An act mak­ lated, and at the time of the passage of that law it was supposed in a ing appropriations for the payment of the arrears of pensions granted by act more or less definite way that the cases which had been filed would of Congress approved January 2.5, 1879, and for other purposes," be, and the represent the larger number of beneficiaries of the act of 1879. The same hereby is, amended so as to read as follows: "SEC 2. That all pensions which have been or which may hereafter be granted facts show that there was a very large nnmberof people who had not in consequence of death occurring from a cause which originated in the service then applied, but yet who were entitled by reason of the incarrence of since the 4th of March, 1861, or in consequence of wounds or injuries received disability in the line of duty to pension, and whose cases came in sub· or disease contracted since that date, shall commence from the death or dis­ charge of the person on whose account the claim has been or is hereafter granted, sequent to the pa!m.ge of the law of 1879. if the disability occurred prior to discharge, and if such disability occurred after But, Mr. President, Congress has in various cases removed similar the discharge then from the date of actual disability or from the termination limitations, and the Senator from Missouri has himself been instru­ , I of the right of the party having prior title to such pension; and in the consid­ eration of any and all claims for pensions in consequence of death from, or dis­ men ta! in doing it on one or two occasions, especially in having the lim· ability resulting from, disease contracted in the service during the late civil war itation removed in regard to claims for lost horses. There has always the person on whose account the sa.id pension is claimed shall be conclusively been a feeling that for the Government to insist upon a limitation in a presumed to have been sound and free from disease at the date of entering the service. matter of this kind, where it had all the instrumentalities for the al­ lowance of claims in its own hands, was inequitable and unjust, and Mr. COCKRELL. I have just sent to the Senate document-room it was a recognition of this. fact in the passage of the act of 1879 and for a copy of this bill, which was ordered to be reprinted on last Satur­ the filing of claims subsequent thereto which brought to light th~ ne­ day, and have received information that it has not been received there. cessity for the adopt.ion of this amendment. I think it is remarkable that when an ordex: wag made to reprint a bill Mr. DAVIS. Mr. President, I desire to state for the information of on Saturday it should not be in the document-room at 1 o'clock on the Senate that there are pending before the Committee on Pensions Monday. I hope the Secretary of the Senate will take some means to some eight separate bills covering the entirequestionof arrears. While ascertain whethsr the Public Printer reeeived that copy and why it the committee have considered those bills, they have deemed it their

has not been returned here. We want the copy for examination indis­ duty t-0 take up first the bill now under consideration, providing for I' cussing the bill. those who are dependent upon their labor for their support, and who ' I :Mr. FAULKNER. I ask for information. Who offered the amend­ are on that account disabled. It has stood prior in desire and order of mentjnst read? expressed wish by the persons interested for many yea.rs, and it has The VICE-PRESIDENT. The Senator from Kansa.s [Mr. PLmtB]. been the objective point of legislation in Congress for the last three Mr. FAULKNER. I wish to state that no such amendment or pro­ Congr~ses. Logically and as a matter of relief it naturally and neces· vision as the one read or embodied in that amendment was at all con­ sarily comes first. sidered by the Committee on Pensions. The amendment of the Senator from Kansas is on a different subject, Mr. PLUMB. 1 will state in regard to the amendment that the covering a different ground and introducing other considerations, and, proposition covered by it has been before the Committee on Pensions until the bill now under consideration is disposed of, your committee for a long time in the shape of bills offered to accomplish a purpose have not felt free to report upon the other matters. simiJar to that of the amendment which I have proposed. It is not a The VICE-PRESIDENT. Is the demand for the yeas and nays by new subject by any means. It is one which has been a!?:itated for a the Senator from Arkansas [11.ir. BERRY] seconded? long time and grows out (}fthe pas83ge by Congress of the act of 1879, The yeas and nays were ordered. to which reference has been made. By that act only those who applied Mr. F AULKJ\TER. Before the yeas and nays are taken upon the prior to the 1st day of July, 1880, were entitled to receive arrears, not­ amendment, I think it is fair and just to the Senate and to the com­ withstanding they might be able to prove that the disability for which mitt.ee to stat.a that a matter of such grave importance as this shoulcl they were pensioned occurred in the line of dnty and had since con­ not be passed upon by the Senate without having been acted upon by tinued. the committee to whom it properly should be referred. In this case, The spectacle is therefore presented of the man who applied on the last as it has not been brought before the committee, it strikes me thatthe day of June, 1880, receiving arrears and the man who applied the next Senate should not approve of this method of introducing it into the day or the succeeding day being denied arrears, although his disability Senate and trying to affix it upon an importantmeasnreand one so es­ '. was of precisely the same character and covered the same period of time. sential to the interests of those disabled as the bill now before us for The obligation of the Government to the first class has been recognized our consideration. !hope, therefore, that the amendment will be voted and fairly met; that to the second classt whose cases are covered by the down. amendment, a.re outstanding unsettled, and they deserve recognition Mr. HARRIS. Before the vot~ is taken on the amendment I should ' at this time especially. There is no reason why the Government should be glad to know from the Senator from Kansas if he has any approxi­ not now respond to this sacred obligation, too long deferred, and every mate or accarat-e estimate as to the amount of money that will be in­ reason why there should be no further delay. volved in his amendment if it is agreed to. Mr. BERRY. I should like to inquire of the Senator from Kansas Mr. PLUMB. I have already stated that the Commissioner of Pen­ if the present Commissioner of Pensions has made an estimate of the sions has recently made an estimate for the benefit of the Hoose com­ probable cost which the adoption of this amendment would add to the mittee on this subject to the effect that it would take somewhere be­ bill. In other words, if the limitation on the arrears act; be repealed, tween $470,000,000 and $480,000,000. how much will it cost the Government? Ha.s an estimate of that kind Mr. HARRIS. I bad not heard that statement. been made by the present Commissioner? If so, I ask the Senator to 1\Ir. PLUMB. It has been estimated to be somewhat higher by other state what th~t estimate is. persons, bnt I should think it would be safe to say that the amount ·. 1\Ir. PLUrtIB. The Commissioner of Pensions was interrogated by would be nearly or quite that estimated by the Commissioner of Pensions. the House Committee on Pensions some weeks since, and, if my rec-01- Mr. HARRIS. Within a range of $500,000,000? lection now serves me, he said that the cost of this proposition, that Mr. PLUMB. Somewhere in that neighborhood, I should say. is, the amount of money which would be necessary to discharge the Mr. COCKRELL. In connection with the question of the a.mount obligation recognized hy this amendment, would be about$478,000,000. involved in this proposition to allow arrears of pensions, I desire to pre­ An estimate has been made by the chairman of the House committee sent to the Senate the minority report made in the Fiftieth Congress, which somewhat exceeds that, and perhaps puts the sum at $500,000,- first session, in the House of Representatives, being Report 2120, part 000; but that the amount will be somewhere b :ltween $470t000,000 and 2, which contains a letter from the then Commissioner of Pensions, $500,000,000, I presume can not be questioned. The amount is large, and also the views of the minority of the committee in that Congress but not larger than the Government can readily meet, and if it were in the House of Representatives. That report was submitted by Hon. even larger there should be no hesitation about it. JAMES P. WALKE&, of Missouri. I send the document to the desk to .. It is not a question of amount; it is a question of the recognition of be read. - that obligation which the Government has heretofore freely conceded The VICE-PRESIDENT. The paper will be read. and about which there has never been any controversy either as- to the The Chief Clerk read as follows: soldiers of the late war or those of preceding wars, that whenever proof Mr. WALKER, from the Committee on Invalid Pensions, submitted the follow­ ing views of the minority: was made of the incurrence of disability in the line of duty there fol­ The undersigned, a minority of the Committee on Invalid Pensions, submits lowed the obligation of the Government to respond according to such the following reasons why, in his opinion, said bill should not become a. law.

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2836 CONGRESSIONAL RECORD-SENATE. MARCH 31,

From the last annual report of the Commissioner of Pensions, and also a special estimate of a former Commissioner, and I was not paying any attention eommunication from him (a copy of which is hereunto appended), the follow­ :lng facts are obtained: The total sum paid in pensions up to June· 30, 1887, to the estimate of the present Commissioner. amounted to $883,440,29~. Add to this the a.mount pa.id in pension: the present Mr. BERRY. The estimate baa been increased $200,000,000 since fiscal year, ending June 30, 1888, say eighty millions, and we have a. grand total the estimate of the former Commissioner. to the present time of ~,440,298 paid in pensions during the pa.st twenty-five Mr. COCKRELL. When the report was made in 1888 I estimated years. In addition to the above our ever-increasing annual pension appropriations upon the faets then that it would take $500,000,000, and now the must be made, in order to meet present obligations t-0 the ex-soldiers or those present Commissioner (I had not noticed that fa.ct) brings it up to $478, - whom they have left dependent on them. The last annual pension appropria­ If tion bill, as it passed the House, a.mounted to the large sum of $80,276 000. 000,000. the present Commissioner of Pensions has estimated it at The majority of the Committee on Invalid Pension'i, in the face of these facts, $478,000,000, I will say, then, that it will take $6001 000,000 instead gravely propose to add to the above the enormous sum of S380,581,300, this being of $500, 000, 000. &be amount estimated by the Commissioner of Pensions. In the light of pa.st experience with such estimates, all of which have fallen Mr. BLAIR. Mr. President, I appreciate the motives which have far below the actual amounts required, it is my deliberate judgment that the actuated the chairman of the committee in objecting to the adoption passage of the bill will necessitate the expenditure of at least five hundred mill­ of the pending amendment, which is substantially a bill by itself and ions. The majority of the co'.llmittee suggest that this would be a spl~mdid method of dissipating the surplus millions now in the 'l'reasury, I desire to of greater importance perhaps than the one pending. I do not think make the fart.her suggestion that the passage of the bill would not only accom­ it should be adopted as an amendment ro this bill. I seriously and plish th. at purpose, but it would add several hundred millions to the annual tax earnestly trust that the bill itself will cost more than $36, 000, 000 a burdens ofa nation already weighted down under too much taxation. The facts and figures show conclusively that the American people have not year, and I believe it will. I shall be greatly disappointed if it shall only been fair and just to the ex-soldiers, but have enact.ed pension laws with a not. A much larger amount of relief is required by the soldiery of the liberality and generosity unparalleled in the pension legislation of any other country who saved it, and if the pending bill does not cost twice the country on earth. In behalf of the tax-paying public, a large majority of whom are struggling to make a living, many even struggling ''to keep the wolf from amount estimated I shall be greatly disappointed. I believe that the the door," I respectfully dissent from the opinions of the majority and protest bill will be found in practical operation to reach nearly all the destitu­ against the passage of the bill. tion and actual necessity for relief that exist among those who defended JAS. P. WALKER. the country and its institutions at the time when thosP. who now make DEPARTMENT OF THE INTERIOR, BuREAU OF PENSIONS, the chief objection to the passage of the bill and the relief of the sol­ Washington, D. 0. May 19, 1888. diery generally were themselves the cause of that necessity and of this Sm: In response to your recent request that I furnish to you an estimate of necessity. the probable cost to the Government should the limitation imposed by the ar­ But I wish to say a few words in regard to this arrears-of-pension rears acts of January 25 and March 3, L879, be repealed, I have the honor to make the following statement, the estimates submitted being the result of a careful measure itself. There never was a more just measure presented to the consideration of all the accessible data in this bureau: American people than that for the payment of arrears of pensions. So To pay the arrears in invalid claims which have already been al- great was the equity behind it that prior to 1880 we enaeted a law under lowed I estimate will require ...... 8139,548,500 the provisions of which before the 1st day of July, 1880, applications To pay wW.ows' and others' claims allowed...... 13, 500, 000 were made which have taken from the Treasury somewhere between Tot.al to pay those now on the rolls...... 153, 048, 500 $250,000,000 and $300,000,000, as I remember, and that money was justly taken from the Treasury. If the re-enactment of that bill int.o Total to pay invalid claims which a.re now pending and which will be allowed...... •...... •...... • 189, 830, 000 a law would take from the Treasury of this country$500,000,000, nev­ Total t-0 pay claims of widows and others now pending and which ertheless it would be as justly paid, and more justly paid, than almost wili be allowed...... :!7, 702, 800 any other indebtedness which this Government ever liquidated.

Total in pending clai~s...... 227, 532, 800 What is the principle upon which arrears of pensions are to be paid? == It is not the case of a man who establif?.hes his claim early and draws Grand total of probablecostof the repeal of limitation imposed bis pension year by year, from the moment when his disability com­ by arrears acts of 1879...... •••.••••..••..•.•..••...... •.....•.•.•••..• 380, 581, 300 menced, that disability originating in the service of his country. It Ver¥ respectfully, JOHN C. BLACK, Oommulioner. is not that case byalfy means. 'fheordinarypensionerwho establishes lion. JAMES P. 'VALK.ER, his claim under the law in season draws his annual payment from the House of Representatives. date when the disability was contracted. He has the use of the money Mr. COCKRELL. Mr. President, this report shows that accordingro as he needs it. The common pensioner, the man who avails himself of a very low and mild and underestimate of the Commissioner of Pensions the Jaw seasonably, ha.s drawn his pension from the beginning. He in 1888 the a.mount which would be allowed as arrears upon pending has had it all of these thirty years since the commencement of hostili­ claims which have since then been adjudicated or would be very soon ties. He has received the good of it. He has appropriated that money adjudicated after the passage of an arrears bill amounted to over $227,- in the maintenance of himself and his family. To a certain extent it 000, 000. That is upon claims already pending and already adjudicated. may be said that the Government has discharged its obligation to that There would have to be over $153, 000, 000 paid out on the claims which man. He has little to claim of the Government, for he availed him- . had been already adjudicated and upon which the pensioners are now self of all that, by the contract and by the obli~ation of his country, receiving their monthly pensions. That would go right out of the was due him from the beginning. Treasury at once, and on the first pension pay-day after that time, But here is another class of claimants, those who claim under t.he i153,000,000, and then upon the claims that we.re then pending, May arrears-of-pension law, which ceased it.s operation in 1880 and which 19, 1888, many of which have since been allowed and the arrears upon theamendmentproposes torevive. They are men whofailed to present which would have to be paid at the first pension pay-day after the pas­ their application during the specific periods, from whatever motive sage of the bill, another sum of$227,000,000 would be paid out. it may have been, oftentimes from failure t.o know of their rights As a matter of course, we can not tell exactly what proportion of that under the law, sometimes from inadvertence, oftener still (more often would have to be paid out on the first pension pay-day, but the pen­ than from any other reason) because of a high-spirited patriotism sioners will be entitled to it, and he estimated that the total would be which prevented their making application for that money to which they $3, 0, 000, 000. Those in the House equally as familiar with the facts were entitled under the laws of the country, giving to the American estimate it at $500,000,000. I have paid some attention to these guesses people for the time being what was their due in addition to the about arrears of pay, and in my judgment not one solita1-y dollar less Eervices which they had rendered in war and the disabilities which than five hundred millions of dollars will be taken out by this amend­ they had contracted in the service of their country. These men wait­ ment. I think it is absolutely safe to say that $500,000,000wonld be ing, giving the country the use of the money which was theirs during taken out by it, and that at least $300,000,000 of it will be payable ali these years, at last with age and infirmity increasing upon them, inside of six months, if the Pension Office does it duty, if not within availed tbemsel ves of the privilege of drawing their arrears, establish­ three months after the passage of the bill. ing their claims upon precisely the same evidence as the evidence w b ich This bill as reported by the committee proposes an annual expendi­ was required in any other instance, proving the disability, proving ture of $36, 000, 000. That is the lowest estimate, and the estimate the after the lapse of years that it was contracted in the service, and at committee have put upon it is that the present bill as it is reported last asking for their money and receiving it, not as though paid to them. and will probably pass the Senate will incur an annual expenditure of originally, but receiving it after fifteen or twenty years had elapsed, $3ti,OOO,OOO. This amendment proposes to put upon it an immediate and losing meanwhile more than the original sum itself, which the expenditure within a very short time of $300,000,000 more. I think Treasury and the Ame1ican people had been thus enahled to avail we ought to put on some amendment to provide the revenues to pay it. themselves of. So it came to be that the man who was entitled to the I can not vote for such a proposition as this. money in the beginning really gave to the country one-half of tba~ Mr. BLAIR obtained the floor. which was his due. That was the arrears-of-pensions act. Mr. BERRY. Will the Senator from New Hampshire allow me just In 1880 that act ceased to operate, and since that time a large num­ one moment? I wish to correct a statement made bythe Senarorfrom ber of other claimants equally meritorious have established their right Missouri. The present Commissioner of Pensions, as admitted by the to a pension and have pending claims for pension, the allowance of Senator from Kansas, says it will cost $478,000,000 instead of $300,­ which depends upon their proving tha.ttheycontracted their disability ~0, 000, and the Senator from Kansas admits that it will cost $500, - in the service of their country. They have given what belonged to 000,000. them to the country for these twenty-five years. Now they ask the Mr. COCKRELL. I understood that perfectly well, but I was not opportunity of asserting that claim and of receiving, it may be, one­ talking about the estimate of the present Commissioner. I read the third of the money which would have been a burden upon the Treasury

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-.._ 1890. CONGRESSIONAL RECORD-SENATE. 2837 of the country had they asserted their claim when it :first originated. the Senate. Notthatitplacesmeinapositionwhere Imustvote for or After giving to the Treasury two dollars that belonged to them they against it, but because I should regard its adoption as a terrible men­ ask that one of the three which the Government owes may come to ace to the soldiers of this country. In addressing bodies of soldiers, themselves in their old age. That is what they ask and that is all especially in my own State, I have undertaken to show them that there they ask. was a pace too rapid altogether for their welfare and for their good; If any Senator can conceive of a more equitable claim than this or that there was a danger ofoverleaping in this matter of pensions. When a claim which it is more despicable to refuse, I should like him to state Mr. Cleveland was elected President of the United States and immedi­ it. I am unable to see whv these men should be denied who come ately commenced to veto special pension bills and also the general pen· here year after year and ask·permission to file their claims, when the sion bill known as the dependent measure, and I saw the Democratic United States never allows the pleading of the statute of limitation in party of this country ratitJingwhat he did, and not only the Democratic any case where the nation itself has a claim at all events, and ask that party of the country, but many of the business men in the Republican the United States shall not set up a.s against them in their old age a party, too, extending to him theirapprovalforwhathe was doing; when I claim for one-third of what belongs to them. If anybody can make saw that over his veto it was impossible to pass any pension bill; when, any repty to the justice and eqruty and what ought to be the legality if I remember aright, there never was but one so passed, and that I of this claim for arrears of pension, I should be very glad to hear it had the honor to present here to the Senate, and it did not succeed in stated on the floor. No one has ever undertaken to meet the justice of the other House at :first, but it did at the next session-I say when I this claim in argument. I have been here some years; this matter has saw these evidences of opposition to pensions, I felt that while there been up for discussion several times. I have had occasion at least four was a s.~e course for the soldier there was an exceedingly unsafe and or five time.CJ to state this line of argument, and no man has ever un­ dangerous one. dertaken to make any reply save the reply of the Senator from Mis­ Now, sir, there are thousands and tens of thousands of as good soldiers souri, who says it will oo.

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2838 CONGRESSIONAL RECORD-SENATE. MA.ROH 31,

done for their soldiers in their distress sinks into utter insignificance in general character that shall materially change the bill as it came from comparison with what we are doing for otll'S. the committee. I vote in t.hat way in the interest of the soldier. I I beg the old soldiers to remember that, if we a.re threatened with war do not want by that vote to have it said that I am hostile to further a,,,,aain, that which will scare the people who pay taxes will be, not the legislation in his behalf. cost or the blood of the war, but the consequences of it. I beg them I do not agree with the Senator from Connecticut who sits by my side to remember f·hat it is pauperizing and degrading them to constantly that we have been extravagant in pension legis1ation, nor do I agree insist in their behalf that they have claims and claims and claims. So that we have been particularly liberal in our appropriations. they have in a. sense, but they know-no man knows better than that Mr. HAWLEY. The Senator will please allow me. I do not know gallant body of survivors-that we owe every cent we have and every that I said we had been extravagant. I said we had been generous drop of blood to the Republic, and they offered it all proudly. Let above all nations in the world, and I am proud of it. them remember that these enormous sums to be paid come out of the Mr. TELLER. I did not mean to charge the Senator with what he pockets very largely of people as poor as themselves. You may lay the had not said. I got the impression thathe thoughtwehad been rather tax upon the rich man, but it filters down and down, and a large por­ extravagant. However, I want to challenge the statement he made tion of it finally comes ont of his tenant in the tenement house, or out of that we have been generous. We have not been overgenerous with the subfarmer, or out of the mechanic. Remember the other people in the soldiers of this county, and when the Senator says we have been the country who pay taxes. mo~e generous than any other nation in the world I challenge that When General Grant last visited this building, with his character­ statement. istic mode.sty he kept out of this Chamber and sat in that cloak-room I made a showing here two years ago (I could repeat it now if I felt in the spot I am pointing at. Nearly every Senator of both parties at liberty to take the time} that the French people have taken better visited him before he left, manifestin~ in the most gratifying manner care of their soldiers, have been more liberal towards them and treated their personal respect. He sat with his accustomed cigar and talked them with greater equity than we have treated on.rs. Of course it is freely upon any question that anybody proposed. I will try to re1ate true that no nation in the world ever poured out its money for its sol­ as if I were on the witness-stand what he said apropos of this question. diers as we have poured it out, bat no nation in modern times ever put He said, "On my way here "--or this morning, or something of that such a number of men in the field; no nation ever pnt men of the same sort-" a clergyman came to me with a petition or memorial tT> Con­ class in the field. They were not the serfs or the slaves or the cheap gress asking thatevery man who had ever been a prisoner of war shon1d people of the country. We took the flower of this land and put it into be pensioned. I told him he ought to be in better business; that there the Army. There were thousands and tens of thousands of them who were all kinds of prisoners. There was the volunteer prisoner, who carried their rifles and their knapsacks as privates who were the peers got caught easily, bee.a.use he there by escaped from an impending battle. of anybody on this floor intellectually, morally, by education, and by , -· There were prisoners who, when the signs in the air, that were infal­ family attachment and family ties. No other people ever had such an lible to the old soldier, indicated a coming fight, had a stomach-ache army; no other people e,-er had at the close of a war such obligations

or a sore toe1 or staid behind fixing their shoes, or bathing, or some­ put upon it as we had put upon us. / thing of that sort, and got caught by a squad of rebel cavalry. There Mr. President, there never was such a war in the history of the world were others who, without n;ieaning anything out of the way, were get­ as ours. There never was a contest in all the long line of history that ting a little extra ration from a neighboring farm-house and got swept had any comparison to it. No other people ever fought their equa]s as in. Then there were the laughing boys, al ways to be found, who were we fought ours-a national affair, with the very pick and flower of the away out on the skirmish line and ahead of it, to see thefirstgrayback world on both sides, the men of the highest intellectual §tanding and and to get a .shot at him, and before they knew it they looked around culture on the face of the earth. When we got through with that con­ and there were the rebel cavalrymen behind them. There were all flict we had lost one-half of the accumulated wealth of the country kinds of prisoners. Some of them staid but a short time, had a good for two hundred years and we had incurred a debt that the great ma­ rest, missed a battle or two, and were better off for having been prison­ jority of men in this country and all over the world believed was past ers. Many others suffered fearfully and all who show the effects can the possibility of being paid. We have paid it. We have paid $2 of getapension. Now,"said he, concluding, "Iwilltellyouwhatlwon1d interest to the men who advanced money to carry on the war where do if I were President. I would sign any reasonable bill seeking to relieve we have paid a single dollar to the soldier. the distress of an honest old soldier, or his widow, or his children, but I do not complain of that, although they bought their bonds at a dis­ I would not vote one dollar to the able-bodied man." That last ex­ count. They bought them when everything was high and they made pression is precisely as he st.ated it. It sank into my memory. I do money on them, but it was the plighted faith of the Government that not thi,nk I han changed a syllable in the last twenty words of his re­ tlley trusted. We said, "We will pay this public debt," and we are marks. paying it. That is right; we ought to pay it. Bot we said more than I live up to that stat.ement. That is my platform. I would not care that. We said to the soldier.3 and to the sailors of this country that if to see an old soldier going to the almshouse. If he goes to the alms­ they incurred disabilities we would pay them a pension. We said more house, either his State or the nation must pay the cost, and I would as than that. We said in every public place in the North, we said it on lief the nation should pension him. I am notgoingahead of my State the rostrum, we said it from the pulpit, that there was a meritin going when I vote liberally for the soldier. We have our soldiers' home; we into the American Army; that we would ever hold its members in have two hospitals, and the finest, where they may live roya,l]y so long grateful remembrance; and that there was nothing they could demand as t.bey need any medical or surgical care. Not a. soldier in my State of this Government that they should not receive. When we can pay has been allowed to suffer. The beneficence of the State ~ives $80,000 the great debt of $3,000,000,000 and pay it within a generation and a year in addition to all the soldiers get from the Federal Government, less, we can afford to do justice to the soldier; and whenever ib shall expended trom om own treasury freely and gladly. be made to appear to me that there is a just and proper demand I shall 'fhe theory of a pension is that it takes care of a man to-day, a suf­ respond to it without reference to the amount. ferer to-day, a sufferer by reason of service or from a. disability, if you The Senator from Connecticut [Mr. HAWLEY] the other day under­ please, whether he can trace it directly or not. It is the theory of a took to demonstrate that we could not do certain things because there pension bill not to take up a case and go back and give the man two, four. was not enough money; that there would not be sufficient revenues, six, eight, or ten thousand dollars when he did not apply for it till ten, and that is the cry every time it is proposed that we shall do something fifteen, twenty, or twenty-five yea.rs aiter the war. To date back to what for the soldier. At this hour, right now, to-day, we could call on the we may believe to be the orfain of his disability is not the correct Treasury for $300, 000, 000 for any purpose that we might desire and the theory of pensions. The date of the application is the true time. You money is there, and it could be taken without detrimeni to the public had a great deal better, if you are going to spend this $500,000,000, interest. Ifit is necessarytodoju.stice, either to pay our debts, whether take it and divide it pro rata among the men who actually need the they be represented by a bond or whether they be represented by our money. Deal liberally with the man who actually needs it. Do not obligation to the soldier, we can in an hour's notice raise more money, throw out $500,000,000 or $100,000,000 or $50,000,000 at random, and and millions more money, than is in the Treasury. We have the power to a considerable extent to strong men who are in comparative health to make legal-tender notes, if that be necessary, which we made in the and have a little property or who did not suffer enough to ind nee them hour of our distress, and which we made these men take when they to apply till from fifteen to twenty-five years after the war. Perhaps wue worth 40 cents on the dollar and when they were working at $13 the man can get along pretty well without it. Aim as sharply as you a month. While the bondholders and the business men.who the Sen­ can at the actual necessity and take care of the old soldiers, and do not- a.tor from l\faine says are to rise up in arms against our legislation were 1 was about to say something that is not polite-do not be stampeded piling up their money by the millions, these men were working for $13 by claim agents. Do exactly what yon think is generous and right. per month, many of them, and taking their pay in paper money worth The country will sustain you, and it will not otherwise. 40 cents on the dollar only. If we could then make a legal-tender and Mr. TELLER. Mr. President, I intend to vote for this bill as near impose it upon the community, we may do it now if there is an obli­ as it came from the Committee on Pensions as I can, because I believe gation on us to do it. I do not believe there is. There is revenue some bill of this kind is proper. I do not mean now to commit mysel:t enough. There is abundance of money in our hands and coming in to to saying that when the proper tim& comes I may not vote for the bills do justice to the soldier and the sailor. that the Sena.tor from Maine and the Senator from Connecticut think While I shall vot;e for this bill clean as it came from the committee, are so dangerous, but at this particular time I shall vote against the because I want to secure practical results, 1 wish it distinctly under­ pending amendment and I shall vote against all amendments of this stood that when any fair and legitimate measure com~ here looking to

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/ • I 1890. CONGRESSIONAL RECORD-SENATE. 2839

the interests of the soldiers it will get my vot.e, and it will get it with­ bill of the committee. If it were less than that, if it could be nar­ out any fear of the business interest.s or a change of Administration. rowed in its construction to that which was placed upon the former bill The PRESIDING OFFICER (Mr. MANDERSON in the chair). The by the Executive in a previous Congress who vet-0ed it, I would never question is on agreeing to the amendment proposed by the Senaior support this measure. I believe it reaches every case where a soldier from Kansas [Mr. PLUMB], on which the yeas and nays have been or­ depends upon bis labor to any degree for support and is disabled at all. dered. It does not touch the millionaire; it does not touch the wealthy man; Mr. BLAIR. Mr. President, before the vote is taken I wish to say it does not touch the man who, with or without disability contracted a few words in addition to what I before remarked on this question. in the service, is yet amply able to support himself; and that man never As I intimated in what I observed a few moments ago, I can not vote in my judgment, at least in the existing condition of affairs in this for this as a substantive measure to be attached to the pending bill, but country, should set up a pension claim. Nor does he ask it. If he asks I am in favor of the principle of the arrears-of-pension bill. On this oc­ it he has that craven nature which would be a good reason for refusing casion, ·when again it is called to the attention of the Senate, no man him anything whatever from the country. nponeithersideoftheChamberrises to saythat this is not ajW!t debt.. I ~elieve we have here a measure which reaches all cases of proper No man rises to say that it is not a more just obligation than that which claim against the Government so far as the soldier is cpncerned, except we have discharged to the pensioner who has drawn his dues from the the one of arrears, and I would not e11cumber this great and beneficent beginning. measure in its passage by attaching to it this other measure, in regard It is a withheld obligation. These men have not asserted their claim, to which there is a different line of argument nec~ry in its support when it was as just as any claim which we have houored at the Treas­ and in reference to which there may be opposition which will not at­ ury; and if it were paid to-day, considering the saving of interest tach to the original measure itself. to the Government, which is a loss to them, they wou.ld receive not I have not found it necessary, in what little I have bad occasion to more than 33 cents on the dollar of that which the ordinary pen­ say upon the stump and upon public occasions to the soldiers and sioner has received. The disability by r~n of which they finally re­ my fellow-citizens in this country, to intimate to them that it was ce!ve their pension, and which they must estahlish before they draw likely injustice would be done them by reason of the assertion on their anything, is a disability precisely like that for which the ordinary pen­ part of just claims. I have never found it necessary to caution them sioner is receiving his payment from the country. It was a disability in setting up proper claims against the country that the meanness of contracted in the service, which under existing laws entitled them to the country would assert itself and deprive them of just payment. I draw a pension from the Treasury from the date when it was received. have never seen among the soldiers of this country any, I have hardly Now, we set up the statute of limitations against that man in his old seen a man, who was opposed to the granting of thooe arrears. age for 33 cents on the dollar, when he has offered to compromise It may be that in a miscellaneous gathering of soldiers there may be with us at that rate. We will not pay him that, nor give him the op­ a great many who could not claim under such a law, but I have never portunity to prove his claim in the forum of conscience even, when, seen them when they would undertake to pretend, or any body of them richer than ever before, with three times the population and four or five did pretend, that it was not a just claim. Even if it were so, a body times the wealth, with the old obliga~ions nearly discharged, we are only of soldiers who had been made to believe that, if this act of justice were called upon at the utmost, as is claimed by those who object to this done to the few comparatively who will claim under it, they would be ,' measure, to raise $500,0UO,OOU, when we pay annually $300,000,000 or deprived of what belonged to them, would hardly be a fair jury to $350,000,000 for the common expenses of the Government. whom to submit this right. When popular orators undertake to create Mr. Precsident, the great name of General Grant has been summoned a wrong impression among a body of men who are to act as a jury upon to this arena of debate, and he is quoted against the justice of the claim claimswhichdo not interest them generally, they can hardly be looked which is set forth in the amendment. General Grant never cou.ld hav-e upon as the proper body from whom to select jurors as to a legal obli­ wished to be understood, and never would, it he were living, say that gation or an equitable obligation. 33 cents en the dollar should not be given to those who bled and suf­ No, Mr. President, the soldiers of this country want justice done, ·' fered and contracted their disabilities under his command. Allusion simple justice and no more than justfoe, and the American people want is made to the prisoners of war and to the somewhat slighting manner justice done t-0 the soldiers as well as to themselvoo. I do not believe in which he seemed to have discoursed in the confidence of private con­ that the business men of this country will object to justice being done. versation in regard to them; but General Grant never would ha.ve Raid There may be a few bodies, rich by accumulation, who care little for to the American people what has been quoted on this floor as coming others. There are extortioners who would be very J?;lad to keep_their from his lips. He never would have decsired it to be .understood that hoards and not disburse to those whose valor and whose sacrifices gave there was anything like a general application proper in the observation them the opportu.nity for their acquisitions. There may be a few of he made with reference to our prisoners of war. If Grant could have such persons, but the masses of the American people will do justice, said that, it would have been a corroboration of the charges of a cruel and it is safe to assume that. nature which the whole Confederacy laid to him when they said that I think we can enact this bill reported by the committee into a. law; he was the man who was responsible for the snfferings of Andersonville and I think, too, that in another measure, properly matured and pre­ by refu.sing an exchange of prisoners of war. It would revive the sur­ sented at the proper time, we may be able to do something with refer· misings that a certain disgraced Union officer restored to his position ence to arrears, and that justice, absolute justice, is at the foundation and to his old standing in the Army owed what the Union soldiers gen­ of that claim ifit is at the foundation of any claim whatever against erally looked upon as a foul blob upon our escutcheon to the secret in­ the country. fluence of General Grant. Sir, I disavow the whole; and I say the Mr. QUAY. I ask unanimous consent of the Senate to proceed to language is not justly attributable to that great man who first organ­ the consideration of my motion made on Saturday to concur in the ized victory in the West and led to its culmination at Appomattox~ and Honse amendments to the bill (S. 2402) to provide for the purchase of saved this conn try, if to any mortal man our restoration. to integrity, to a site and the erection of a public building thereon at Allegheny, in the prosperity, and to perpetuity is to be attributed. State of Pennsylvania. I moved a concurrence in the amendments, but Mr. HAWLEY. If the Senator will kindly allow me, I want t>Qsay the Senator from Kansas [Mr. INGALLS] objected on the ground that he that there was not a word said in that conversation about the arrears st.ated. of pension or any claim of that sort. He was speaking upon the general The PRESIDING OFFICER. The Senator from Pennsylvania a.ska policy of pensions, his aim evidently being to take care of all distress unanimous consent that the Senate now proceed to consider the House that could be reached. amendments to the bill named by him. Mr. BLAIR. That is what we are trying to do, and in doing that Mr. PLUMB. Let us havetheyea.sandnayson the pending amend­ we should first seek to be ju.st before we undertake to claim anything ment and have this matter disposed of, and then I shall not object. due upon the ground of generosity. This claim for arrears of pension The PRESIDING OFFICER. Objection being made to the request adjusted at this late day at 33 cents on the dollar is certainly just. of the Senator from Pennsylvania, the roll will be called on the pend­ If it be not just, let some one rise in argu.ment and explain wherein it ing question, which is the amendment of the Senator from Kansas [Mr. is unjust. Let some one make some reply to this claim, Ef3,ve the ever­ PLUMB]. lasting and disgraceful one that it will cost something, when our pockets The Secretary proceeded to call the roll. are full of money. ..i:To, the arrears of pension ought to be paid. We Mr. CULLOM (when his name was called). I am paired generally are able to pay them. We simply will not do it because we are not with the Senator from Delaware [Mr. GRAY] and therefore withhold is obliged to. There is nothing else in the way at all. and it a disgrace my vote.. / to the American people, as I look at it. Mr. DOLPH (when his name was called) . I am pa.ired with the Now, I wish no Senator to vote for this bill in ignorance of what I Senator from Georgia (Mr. BROWN]. .AB I do not know how he would conceive to be its true force, scope, and construction. I believe it goes vote on this question, I feel constrained to withhold my vote. to the full extent of relieving all existing neces.sity on the part of the Mr. HAMPTON {when his name was called). I am paired with the old soldier, so far aa $12 per month will do it. I believe that the bill junior Senator from Rhode Island [Mr. DIXON]. I do not know how reaches to the fall extent of a service pension, stopping only this side he would vote on this question. Were he present, I should vote ''nay.'' of those who have no necessity to plead for its application. I believe Mr. McMILLAN (when his name was called). I am paired with that there will be an end of the claims for a service pension when it is the Senator from North Carolina [Mr. VANCE J. I should vote ''nay 1' enacteJ into a. law, and when, nnder'ajust and liberal construction of if he were here. its provisions, it is seen what is really included in the scope of this Mr. PADDOCK (when his name was called). I am paired with

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2840 CONGRESSIONAL RECORD-SENATE. I MAROH 31,

the Senator from Louisiana [Mr. Eusrrs]. If he were here he would as I said, almost all of them very old and entirely dependent, and I undoubtedly vote "nay," and I should vote "yae." ask that this amendment may be incorporated in the bill. Mr. RANSOM (when his name was called). I am paired with the The PRESIDING OFFICER. Tbe question is on the amendment Senator from Rhode Island [Mr. ALDRICH]. I do not know how he of the Senator from Florida. would vote, and I therefore withhold my vote. Mr. MITCHELL. I should like to have the amendment report.eel Mr. RANSOM (when Mr. V A..NCE' s name was called). My colleague again. [Mr. VANCE] is paired with the Senator from Michigan (Mr. Mc­ The PRESIDING OFFICER. It will be again read MILLAN]. The Chief Clerk again read the amendment of Mr. CA.LL. Mr. WILSON, of Iowa (when his name was called). I am paired Mr. CALL. Before that is voted on I wish to change tho language with the Senator from Maryland [Mr. WILSON], whom I do not see in so as to say, ''The Florida Seminole Indian wars.'' There were several the Chamber, and I therefore withhold my vote. of them. Tbe roll-call was concluded. The PRESIDING OFFICER. The amendment will be so modified. Mr. FRYE. My colleague [Mr. HALE] is detained from the Senate Mr. BLAIR. I suggest to the Senator that he add to his amend­ to-day, and is paired with the senior Senator from Kentucky [Mr. ment, "Occuring prior to the year 1860." BECK]. I do not know how either would vote if present. Mr. CALL. I have no objection at all to that. 1\ir. CAMERON. I am paired with the Senator from South Caro­ The PRESIDING OFFICER. Does the Senator so modify his amend­ lina [Mr. BUTLER]. I do not know how he would Tote. I therefore ment? withhoJd my vote. If he were present, I should vote "yea." Mr. BLAIR. So that it may relate only to the wars prior to 1860. Mr. BLACKBURN. I desire to say that my colleague (Mr. BECK] Mr. MITCHELL. The Senator proposes to limit the provision to the is detained from the Senate by sickness. It he were here, he would Indian wars occurring prior to 1860. vote "nay." Mr. BLAIR. The reason Ihadin my own mind was this: That these The result was announced-yeas 9, nays 46; as follows: were old claims which have been before the country for a long time and YEAS-9. often discussed and moved as amendments to almost every pension bill Allison, Mitchell, Quay, Turpie, wehavehadformanyyears; andifweallowtheprovisiontoincludethose Ingalls, Plumb, Sherman, Voorhees, who may take under our general laws. where disabilities have been con­ Manderson, tracted in recent years, it might raise comparisons as to the number and N~YS-46. extent of the expenditures and require some modification of the gen­ .Allen, Dawes, Hoar, Pugh, eral law and perhaps embarrass action upon the amendment. Barbour, Edmunds, .Jones of Arkansas, Reagan, Bate, Evarts. .Jones of Nevada, Sawyer, Mr. MI'roHELL. I would suggest "prior to the year 1870;" that Berry, Farwell, Kenna, Spooner, is, twenty years ago. Blackburn, Faulkner, McPherson, Stewart, Mr. BLAIR. I will agree to that. Blair, Frye, Moody, Stockbridge, Call, George, Morgan, Teller, Mr. CALL. I have no objection to modifying the amendment in Chandler, Gibson, Morrill, Vest, that way. Cockrell, Harris, Pasco, Walthall, Mr. PLUMB. The modification is totally unnecessary, because the Coke, Hawley, Payne, Washburn. Colquitt, Hearst, Pettigrew, amendment as proposed by the Senator from Florida only refers to the Davis, Higgins, Platt., Florida Seminole wars. ABSENT-27. Mr. BLAIR. All Indian wars. Aldrfoh, Cullom, Ha.le, Squire, Mr. CALL. ''Or any other Indian war." Beck, Daniel, Hampton, Stanford, The PRESIDING OFFICER. Does the Senator modify bis amend­ Blodge.U, Dixon, Hiscock, Vance, Brown, Dolph, Mcl\lillan, Wilson of Iowa, ment? Butler, Eustis, Pnddock, Wilson of Md. Mr. CALL. I modify it, in accordance with the suggestion of the Cameron, Gorman, Pierce, Woloott. Senator from Oregon, hy saying "prior to the year 1870." Casey, Gray, Ransom. The PRESIDING OFFICER. The amendment as modified will be So the amendment was rejected. read. Mr. PLUMB. I now withdraw my objection to the consideration of The CHIEF CLERK. In section 3, line 3, after the word "rebellion," the motion of the Senator from Pennsylvania. [Mr. QUAY] with regard it is proposed to insert: to the bill which he has in charge. Or in the Florida Indian Seminole wars, occurring prior to the year 1870, and Mr. QUAY. I ask unanimous consent that the Senate proceed t-0 the in any of the wars between the United States and the Indians. consideration of the amendments of the House of Representatives to the Mr. CA.LL. The words "prior to the year 1870" should be placed bill (S. 2402) to provide for the purchase of a site and the erection of a after the words "or any of the Indian wars between the United States public building thereon at Allegheny City, in the State of Pennsylvania. and the Indians.'' The PRESIDING OFFICER. Is there objection? The CHIEF CLERK. So as to read: Mr. McPHERSON. I shall have to object to the motion, because it Or in the Florida Indian Seminole wars~ and in any of the wars prior to the seems to me entirely wrong to interject any other business while pro­ year 1870, between the United States and tne Indians. ceeding upon this bill. Mr. MITCHELL. I have no objection to this amendment and shall The PRESIDING OFFICER. The Chair understands the Senator v:>tefor itsofarasiam concerned. The only fault I find with itis that it from New Jersey to object to the present consideration of the bill named does not go far enough. The men who fought in the Indian wars of by the Senator from Pennsylvania. Objection being made, the bill this country, the pioneers who imperiled their lives in the defense of . ,. can not be considered at this time. The dependent·pension bill is in the people of the West and of the South in the early history of our Committee of the Whole and still open to amendment. country, most of whom are now advanced in years, should, in my judg­ Mr. CALL. I offer the following amendment: On page 3, section 3, ment, be placed on the service-pension rolls. They should be classed, Jine· 3, after the word "rebellion" I move to insert the words ''or in without any question at all, in my judgment, with the Mexican-war the Florida Indian Seminole war, or in any of the wars between the soldiers, those who fought in the Mexican war, and all of whom have United States and the Indians;" so as to read: been placed on a service-pension roll by an act of Congress passed some That if any officer or enlisted man who served three months or more in the few years since. There is a bill of that character now before the Com­ Army or Navy of the United States during the late war of the rebellion or in mittee on Pensions, introduced by myself early in this session, and I the Florida Indian Sem.inole war, or in any of the wars between the United hope, whether this amendment be adopted or not, that that bill will States and the Indians. and who was honorably discharged, etc. receive the favorable consideration of the Committee on Pensions. I have Mr. President, the soldiers who served in the wars between the In­ some reason to believe that it will. I know of no good objection why dians and the United States, in all parts of the United States, are now it should not, and I wishit to be understood in voting for this amend­ very old and ara dependent to a. very large extent. The service which ment that it simply places the pioneer soldiers, who risked their Iives they rendered was one of very great merit and resulted greatly to the and property and everything else in the Indian wars of the West and advantage of the country. I suppose that no military service ever South, upon the same footing as the soldiers of the war of the rebell­ rendered exhibited greater personal courage and greater adventure or ion, that is, on the dependent-pension list. So if this is adopted I resulted more largely in the settlement and development of the coun­ shall still hope to have the privilege of voting for other bills to which try than that rendered in the various wars between the United States I have referred, which I trust will be reported from the Committee on and the Indians. Upon the Southern frontier, we are all well advised Pensions at an earJy day. that the wars were long, destructive, and very cruel, and theyresnlted Mr. BLAIR. If the Senator ·will allow me a word before be takes in the end in the acquisition of Florida and were largely instrumental his seat, he will observe that this is a disability act. It relates only to in the acqnisition and annexation of the province of Louisiana. those who rendered service prior to 1865 or the early part of that war, In all these years this service was rendered both upon the southern and the amendment offered by the Senator from Florida [Mr. CALL], frontier and upon the northwestern frontier by the pioneers who were if amended so as to embrace down to the date of 1870, gives to those organized under the authority of the United States into companies of who participated in Indian wars the advantages of this bill to a still volunteers. Their Service was demanded for the protection of the later date than it conveys them to those who otherwise were covered women and children from the most terrible atrocities. They are now, by the bill. So it is an advantage to the class he is speaking of.

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I • ,· r. .. ~ ?· I 1890. CONGRESSIONAL RECORP-SENATE. 2841

l\Ir. MITCHELL. I understand that they have five ye?.rs' advan­ ator from Oregon [Mr. MITCHELL] covering the cases of the soldiers of tage, so to speak. It includes all who served in the Indian wars prior the old wars between the United States and the Indians. to the year 1870, while a soldier of the war of the rebellion under this These veterans have now reached an advanced age. Very few of bill must have rendered his service prior to 1865. them who were engaged in the Seminole war are now under seventy I do not wish to detain the Senate and do not wish to interfere with and many are over eighty. My mail is constantly filled with letters the passage of this bill, but I desire to state that I at one time thought coming from them and their friends urging that the benevolent and gen­ something of offering my bill, which is a. service-pension bill for men erous policy of the Government which has been extended towards other . -j who fought in Indian wars, as an amendment to this bill. I hesitate, soldiers should be extended towards them. however, to do that for fear that it may embarrass the passage of the I hope thattheamendmentof my colleague will prevail; but whether pending bill, which I am very anxious, a.s we all are, to see passed at an it prevails ot not, I hope that at an early day some action will be taken early date, but I do hope that the bill which I introduced will receive in behalf of these veterans and that their names will be placed upon the the favorable consideration of the Committee on Pensions at an early pension-roll and that proper provision will be made for them and for day. . the widows of such as have died. Mr. SPOONER. I desire to ask the chairman of the Committee on Mr. CALL. Mr. President-- Pensions if there is pending before that committee a bill which covers Mr. MITCHELL. Before the Senator proceeds I wish to inquire at the amendment now offered by the Senator from Florida. what point his amendment comes in. Mr. DAVIS. I will inform the Senator from Wisconsin that such a Mr. CALL. Section 3, pa~e 3, line 3. bill is before the committee, and my impression is that the Senate at Mr. MITCHELL. Three all around, then. the last session of Congress passed a bill which afforded full relief in Mr. .CALL. Three all around. such cases. Mr. MITCHELL. Is it the intention of the Senator to limit his Mr. SPOONER. I shall vote against the amendment offered by the amendment simply to the widows of the soldiers? Senator from Florida [Mr. 0.ALL], and in so doing I do not wish my Mr. CALL. AB I propose to amend it, the section will read: negative vote to imply an opinion on my part that there is not merit That if any officer or enlisted man who served three months or more in the ·. in his proposition. I l.lelieve it has merit. There are men in 1 he State Army or Navy of the United States during the late war of the rebellion. or in the Florida. Indian Seminole wars, or in any of the wars between the United of Wisconsin, who served the country many years ago in the Black States and the Indians. Hawk war and other Indian wars, who need pensions, and who, I Mr. MITCHELL. If that were adopted just as the Senator has read think, are entitled. to be ramembered in the pension legislation of the it·, it would simply give pensions to the widows of those persons. I • country; but the bill now before the Senate is a bill carefully matured Mr. CALL. I see that is true. by the Committee on Pensions, which relates to a class of persons whose Mr. MITCHELL. Is that the intention of the Senator? net ds are palpable and pressing. It is to afford relief to disabled sol­ Mr. CALL. That is not my intention. diers of the last war, to dependent fathers and mothers, and to widows Mr. MITCHELL. I thought not. and orphans who .need the appropriation which will be made by this II.Ir. CALL. I think the soldier himself ought to have a pension. - measure. Its operation will obliterate, I believe-and it can · come Mr. MITCHELL. The effect of the amendment, if adopted as pro- none too soon-a stigma and a disgrace upon this Government existing posed, will be simply to pension the widows, and I think that is not in manv States of the North. what the Senator intends. The amendment should come in at another .... There is merit in the amendments which have been proposed to the point. bill as indepehdent propositions, and there will doubtless be merit in Mr. CALL. It should be in the second section, line 3, after the word amendments which will be proposed to it, but for myself, regardless of "rebellion." the merits of different propositions, I do not intend, against the judg­ The PRESIDING OFFICER. The Senator from Florida, as the ment of the Committee on Pensions, to vote to place upon this depend­ Chair und"rstands, changes bis amendment so that it will operate as ent pension bill, so called, any proposition which will lumber jt up and follows. wei1?;h it down, upon which there can be difference of opinion, and which The CHIEF CLERK. In section 2, line 3, after the word ''rebellion,' 7 will thereby endanger its passage. it is proposed to insert: For that reason I shall vote against the amendment offered by the Or in the Florida. Indian Seminole WB.l'S, and in any of the wars occurring Senator from Florida, and any other amendment which does not seem prior to the year 1870 between the United States and the Indians. to be fairly germane and cognate to the main propositions of this bill. Mr. MITCHELL. Now, I wish to make another suggestion to the Mr. BERRY. Mr. President, I can not understand what objection Senator before he proceeds, and that is that I hope he will strike out the Senator from Wisconsin [Mr. SPOONER] can have to placing the all in regard to the Seminole war, because there is no propriety, it soldiers in the Florida war upon the same basis with the soldiers in seems to me, in picking out one particular Indian war and mentioning the late war between the States. it, and then following it by saying "all others." The Senator from Wiscomin says that this present bill will relieve Mr. CALL. I accept that suggestion. many Union soldiers who at this time are dependent, etc. Every word Mr. MITCHELL. Then let the amendment be modified in that that is said in their behalf can be said with equal truth of those old way. · soldiers of the Florida Indian wars occurring before the late war. The The PRESIDING OFFICER. The amendment will be read as mod­ Committee on Pensions have had the case before them Congress after ified. Congress, and they have made no provision for those soldiers. The CHIEF CLERK. The amendment is modified so as to re.ad: How can it possibly be said that it will injure this bill or delay its Or in the Indian wars and in any of the wars occurring prior to the year 1870 passage in any way or embarrass it in any respect by putting on the between the United States and the Indians. soldiers who fought in the Seminole war, who fought for the Govern­ Mr. PLUMB. Is that to be added after the word "rebellion?" ment, and who are a.s much entitled to its consideration as those who The PRESIDING OFFICER: The Chair so understands it-in the fought in the late war? third line of section 2. I ask the Senator from Wisconsin or any other Senator who opposes Mr. MITCHELL. Please report the amendment again. this provision for these old soldiers, many of whom are much older and The CHIEF CLERK. In section 2, line 3, after the word" rebellion," far more dependent than those included in the terms of the present it is proposed to insert: bill, what objection be can have to the amendment, save and except Or in the Indian wars a.nd in any of the wars occurring prior to the year 1870 the OQjection that some of those who will be the beneficiaries of it hap­ between the United States and the Indians. pen to live in the Southern States of this Union. If the Senator can Mr. MITCHELL. Why not say "in any Indian war?" bring forward any other objection to giving pensions to those soldiers Mr. HARRIS. I suggest that the Senator say "in any of the Indian who fought the battles of the Union in the Indian wars and giving the wars." It seems to me that will cover the whole case. same consideration to them that he gives to the Union soldiers, save Mr. CALL. I will modify the amendment so as to read: "Or in and except that they live in the southern part of the Union, I ask him the Indian wars," "or in the wars between the United States and the to present that objection to the Senate and not attempt to preventjus­ Indians." tice in their behalf. If this be justice to the others it should be justice .Mr. BLAIR. Why not use tliis language: ''Or in any Indian war to them. I say that these soldiers have waited long and no provision occurring prior to 1870." bas been made for them, and it seems to me unfair that they should be Mr. CALL. I will accept that modification or any language which left out and not provided for while ample provision is made for those conYeys theidea. who fought in the late war. Mr. MITCHELL. Say '' or in any Indian war occurring prior to Mr. PASCO. Mr. President, I heartily concur in everything which the year 1870. '' -. has been said by the Senator from Oregon [Mr. MITCHELL] with refer­ Mr. CA.LL. That will answer. I accept that suggestion. ence to the old soldiers of the Indian wars. I myself in trod need a bill in The PRESIDING OFFICER. The Secretary will report the amend­ their behalf during the last Congres.s and again in the early part of the ment a.c;; again modified. present session, and I hope that before long some action will be taken The CHIEF CLERK. In section 2, line 3, after the word "rebellion," .... in their behalf by the Committee on Pensions. Whether the amend­ it is proposed to insert "or in any Indian wars occurring prior to the ment now offered by my colleague is adopt~d or not, I shall still urge year 1870;" so as to read: the bill which I introduced or the one that was introduced by the Sen- That all persons who served three months or more in the military or naval

•I ·• -· ...... ',. \ .. 2842 CONGRESSIONAL REOORD-SENATE. MA.ROH 31,

service of the United States during the late war of the rebellion, or in any In­ The VICE-PRESIDENT. He is not. dian wars occurring prior to the year 1870, and who have been honorably dis­ charged, etresent consideration covers the soldiers in a particular war whose re­ Daniel, Hale, Ransom, lations to the Government are well ascertained and definitely known, So the amendment was rejected. a subject easy to be considered by the committee, and in their deliber­ Mr. DAVIS. I desire to amend the bill in a matter of pun~tuation. ations the committee were not at all invited to consider whether we On page 3, section 3, line 4, I move to insert a comma after the word could properly or conveniently introduce into this measure the element '' discharged. '' of appropriation for soldiers in the Indian wars. Those Indian wars The amendment was agreed to. were very different. Very often they sprang up and were suppressed Mr. VEST. I offer the amendment which I send to the desk as a by people who were not must.ered into the service of the United States; new section. and yet those people, thus putting down a war of that charaeter, are The CHIEF CLERK. It is proposed to add as a. new section the fol­ eminently entitled to be considered favorably in any application for a lowing: pension. That, for the purpose of raising the money necessary to meet the appropri· I trust this amendment will not be adopted. I make the statement ations made by this and other acts of Congress providing for pensions, there in no hostility to the general spirit of the amendment, but this bill is shall belevied.collected,and paid annually upon t.he annual gains. profits, or not the place for it. income of every person residing in the United States, or of any citizen of the United States residing abroad, whether derived from any kind of property, The PRESIDL.~G OFFICER. ·The question is on the amendment rents, interest, dividends, salaries, or from any profession, trade, employment, or of the Senator from Florida. vocation carried on in the United States or elsewhere, or from any other source to whatever, except as hereinafter mentioned, if sucli a.nnual ga.i.ns, profits, or in­ Mr. GIBSON. I should like ask the Senator from Florida come exceed the sum of 82,000, a duty of 5 per cent. on the excess over $2,uOOand whether there is any limit as to tht' time of service. not exceeding $5,000; and a duty of 7t per cent. per annum on the excess over Mr. CALL. All the conditions of this bill applieable to the Union $5,000 and not exceeding SI0,000; and a duty of 10 per cent. on the excess over soldiers are applicable to the soldiers of the Indian wars. Three $10,000. And the duty herein provided for shall be &&se98ed, collected, and paid upon the gains, profits, or income for the yea.r endinr the Slst day of December months is the time. next preceding the time for levying, collecting, a.nd paying said duty: Provided, The PRESIDING OFFICER. The question is on the amendment That income derived from interest upon notes, bonds. &nd securities of the of the Senator from Florida. United States shall be included in estimating incomes under this section. Mr. CALL. I ask for the yeas and nays. Mr. TELLER. I should like to ask the Senator from Missouri if he The yeas and nays were ordered; and the Secretary proceeded to thin.ks that is an appropriate amendment. Does he think it is in our call the roll. power to raise revenue in this way on a Senate bill? In other words, Mr. CAMERON (when his name was called). I am pai.Tedwith the is it in the power of the Senate to originate a revenue bill, which this Senator from South Carolina [Mr. BUTLER] and withhold my vote. amendment is? Is the Senator serious in that? Mr. DAVIS (when his name was called). I am paired with the Mr. VEST. Mr. President, this a.mendment simply provides a fund Senator from IncliaDa [Mr. TURPIE]. I should vote "nay" if he out of which this appropriation is to be met, and it seems to me that were present. the objection made by the Sena.tor from Colorado wonld not apply to Mr. DOLPH (when his name was called). I am paired generally it. We discussed that matter to some ext.entwben we had the anti­ with the senior Senator from Georgia [Mr. BROWN], but after consult­ trust bill before the Senate a few days ago, and it seemed to be the /, ing with his colleague [Mr. CoLQUITT] I feel at liberty to vote on this general opinion that we had the right to raise revenue for the purpose amendment, and I vote " yea." of meeting an appropriation which we were making here by pending Mr. HAMPTON (when his name was called). I am paired with the legislation. Senator from Rhode Island [Mr. DIXON]. I ask for the yeas and nays on the amendment. llr. McMILLAN (when his name was called). I am paired with Mr. TELLER. It seems to me that the Senator has confounded the the Senator from North Carolina (Mr. VANCE]. rule. I understand that it is perfectly proper for the Senate to deter­ Mr. RANSOM (when his name was called). I am paired with the mine how the distribution of appropriation13 may be made. That is Senator from Rhode Island (Mr. ALDRICH]. not the question. This is for the purpose of raising revenue, not sim­ Mr. SQUIRE (when his name was called). I am.paired with the ply to meet the requirement.s of this bill, because it is not confined to Senator from Virginia [Mr. DANIEL]. If he were present, I should this bill, but to raise generally revenue. In other words, here is an vote ''nay." income tax proposed as an amendment upon a pension bill. The Sen­ The roll-call was concluded. ator from .Missouri certainly can not be in earnest when he thinks we Mr. JONES, of Arkansas (after having voted in the affirmative). I can do that. desire t.o inquire if the Senator from New York [Mr. Hrscocx:] has ftlr. VOORHEES. Ia.skforthe re-reading of the amendment, as part voted. of it escaped me. The VICE-PRESIDENT. He has not.. The VICE-PRESIDENT. T11e amendment will be again read. a, Mr.JONES,ofArkansas. Iwithdrawmyvote. Iam paired with him. The Chief Clerk read the amendment of Mr. VEST. Mr. PLATT. I wish to inquire if the Senator from Virginia [Mr. Mr. DAVIS. Mr. Pre.\ident-- BARBOUR] is recorded. Mr. VEST. Will the Senat.or pennit me a moment?

...... -:; .. ..., 1890. CONGRESSIONAL RECORD-SENATE. 2843

Mr. DA. VIS. Certainly. or enlisted man of sixty-two years of age or over, or who shall hereafter reach that age. who shall have served ninety days or more in the Army, Navy, or Mr. VEST. I a.sk unanimous consent to strike oat that portion of Marine Corps of the United States during the war of the rebellion and shal the amendment which refers to other pension bills, so as to confine it have received an honorable discharge therefrom, said pension to commence to the pending measure. The Secretary can note the modification. from the date of the application therefor and to continue during the term of the The VICE-PRFBIDENT. The amendment as modified will be life of said officer or enlisted mn.n, at the rate of SS a month. read. ~1r. PLUMB. Mr. President, this proposition is precisely the same The CHIEF CLERK. It is proposed to strike out the words "and as the one adopted by Congress on the 29th day of January, 1887, with other acts of Congress providing for pensions;" so as to read: reference to the survivors of the Mexican war. It is provided in that That, for the purpose of raising the money necessary to meet the appl"opria­ act- Uons made by this a.ct, there sha.ll be levied. collected, and paid annually, etc. That the Secretary of the Iaterior be, a.nd he is hereby, authorized and di­ Mr. DAVIS. Mr. President, I c.an not believe that the Senator from rected to place on the pension-roll the names of the surviving officers and en­ Missouri is serious in proposing an amendment of that character. It is listed men, including marines, militia, and volunteers, of the military a.nd na.va.l services of the United States, who, being duly enlisted, actually se.rved sixty in direct contravention to section 7 of Article I ot the Constitution of days with the Army or Navy or the United States in Mexico, or on the coast.~ or the United States, which provides that- frontier thereof, or en route thereto, in the war with that nation, or were actu­ .All bills for raising revenue shall originate in the House of Representatives. ally engaged in a battle in said war, and werd honorably discharged, a.nd '° such other officers and soldiers and sailors as may have been persona.lly named In the very forefront of this amendment it is stated that for the pur­ in any resolution of Oongress for any specific service in said war, and the sur­ pose of raising money the following revenues shall be raised and levied. viving widow of such officers and enlisted men : Proviiled, That such widows have not remarried: Provided, That every such officer, enlisted man, or widow I move to lay the amendment ot the Senator from Missouri upon the who is or may become sixty-two years of e.ge , or who is or may become subject table. to any disability or dependency equivalent to some cause prescribed or recog­ . \ The VICE-PRESIDENT. The Senator from Minnesota moves to lay nized by the pension laws of the United States as a sufficient reason for the al­ the amendment offered by the Senator from Missouri on the t.able. lowance of a pension, shall be entitled to the benefits of this act. Mr. VOORHEES. On that I ask for the yeas and nays. Mr. President, there does not seem to be any reason why, since this The yeas and nays were ordered, and the Secretary proceeded to call policy of pensionin~ all the survivors of the Mexican war sixty-two the roll. years of age and upward bas been adopted, we should not apply it to Mr. CAMERON (when his name was called). I am paired with the the survivors of the war of the rebellion similarly situated. Senator from South Carolina [Mr. BUTLER]. I have astatement preparedat the War Department which possesses Mr. CULLOU (when his name was called). I am paired with the some authority atlea.st, which I will ask to have inserted in the RECORD Senator from Delaware [Mr. GRAY], whom I do not see present, and I at th~lose of my remarks, from which it appears that the number of the withhold my vote. survi softhe waroftherebellion wno will on the 30th day of June next •)' :ri.u. HAMPTON (when his name was called). I announce for the he sixty-two years ofage or over will.be 149,531. The estimate is not last time my pair with the junior Senator from Rhode Island [Mr. made here, at least I do not tlQ'd non a cursory ex2mination, as to the DrxoN]; and the Senator from North Carolina [Mr. RANsoM] desired number of those who are now peniioned, but I have seen a statement me to announce his pair with the senior Senator from Rhode Island which would indicate that ~omewhere about 90.000 of them were not (Mr. ALDRICH]. now on the pension-rolls, and would therefore be embraced within the Mr. McMILLAN (when his name was called). I am paired with purview of this amendment. the Senator from North Carolina [Mr. VANCE]. ThE- statement which I have in my band and which I have asked to Mr. MORGAN (when his name was called). I am paired with the have printed is somewhat elaborate, and shows the number to be added Sena.tor from New York [Mr. EvA&TS]. to this list in each succeeding year down to 1909. It also ¢ves an ap­ Mr. PADDOCK (when his name was called). I am paired with the proximate estimate of the number of ex-Union soldiers now surviving Senator from Louisiana. [Mr. Eusns]. If he were here I should vote and the death rate which may be anticipated until the last one has '"yea." and he would probably vote "nay." passed beyond. ,.. Mr. PLATT (when his name wa"8 called). The Senator from Vir­ This statement has been challenged to some extent by persons who ginia [Mr. BARBOUB], with whom I a.m paired, has been obliged to have examined it. and I do not say that it possesses absolute author­ leave the Chamber on account of indisposition. If he were present I ity. The cha.Henge, however, bas been because the statement is too should vote '' yea '' large as totbe number of ex-Umon soldiers surviving, but I think it Mr. PUGH (when his name was called). I have a general pair with is in all probability substantially accurate. the Senator from Vermont [Mr. EDMUNDS]. If he were present I do At all events, Mr. President., the amount that will be added t-0 the not know bow he would vote on this motion, but I should vote "nay." pension payment durin~the coming year by reason oftbis amendment Mr. WILSON, of Maryland (when hisnamewascalled). Iampaired would be a little less than $10,000,000. Ofconrse the amount would with the Senator from Iowa [Mr. WILSON]. increase, as, for instance, in 1891 there would be an addition of 20,817 The roll-ca.11 was concluded. persons. In 1892 the number would be 22,692; in 189J, 24,891, and Mr. BA.TE (after having voted in the affirmative). I did not under­ so until themaximumof l06,0-13isreachedin 1905. The number ~hen stand that the motion was to lay the amendment on the table; I could declines until in 1906, 97,836 are left; in 1907, 44,147; in 1908, 5,672; not hear the motion of the Senator across the way, and I desire to change and in 1909, 820. my vote. I vote ''nay." It seems t-0 me that we can not do at this time any less for the sur­ The result was announced-yeas 29, nays 17; as follows: vivors of the war of the rebellion than we did for the survivors of the YEAS-29. Mexican war. There was no controversy about th.at measure. It re­ Allen, Frye, Moody, Squire, ceived practically the unanimous support of Congress, and it was signed .Allison, Hawley• Morrill, Stewart, by the President, and I may add at the same session of Congress, as I Blair, Hearst, Pettigrew, Stockbridge, remember now, and perhaps with the same pen with which he vetoed Hoar, Plumb, Teller, 2h:!ciier, Ingalls, Quay, Washburn. the bill giving a pension to the survivors of the war for the Union who Davis, .Jones of Nevada, Sa.\Vyer, were disabled. Dawes, Manderson, Sherman, The amendment is in the line of a precedent recently established, one Farwell, Mitchell, Spooner, which is whole.some and one which I do not think we can at this time NAYS-17. afford to disregard. Bate, Coke, Pasco, Voorhees, The statement referred to by Mr. PLUMB is as follows: Berry, Oolquitt, Payne, Walthall. Blackburn, George, Pierce, TABLE No. 1.-Showing the :probable total. number, on Ju7UJ 30, 1890, ofth.e .urviuora Call, Harris, Reagan, of the toar of the rd>dlion (e.xcluding deserters); Ote uu:m.ber whn will be si:cty-!wo Cockrell, Kenna, Vest. years of age or over on that date; also the number who will attain s-ixty-two years afler1890, with the year in which th.ey will reach that age. .ABSENT-36. Aldrich, Dixon, Hale, Platt, Probable number of survivors in 1890, l,285,4TI; probable number of sarvivors Barbour, Dolph, Hampton, Pugh, in 1890 sixty-two years of age or over, 149,53L - , Beck, Eldmunds, Higgins, Ransom, Blodgett, Eustis, Hiscock, Stanford, wm live to be sixty-two Number Will live to be sixty-two Number Brown, Evarts, .Jones of Arkansas, Turpie, years old in year- Butler, Faulkner, Mc>Millan, Vance, of men. years old in year- of men. Cameron, Gibson, McPherson, "Wilson of Iowa., Cullom, Gorman, Morg"an, Wilson of l\Id. Daniel, Gray, Paddock:, Wolcott. 1891.•.••••••••.•...... •..•••.•.••... - .... 20,817 1901 .. ~ ...... 62,414 1892 ...... •••.••.•••••.••... ~··············· 22,692 1902 ..•.• •••••••••.••••••..•••••.•••••••••• 70,799 1893-...... 24.891 80,234 So the motion to lay the amendment on the table was agreed to. 1903 ••••••·••••·••··••·•··••·•······•······ Mr. PLUMB. I move to· add as a separate section what I send to 189t...... 27,480 lOOi ...... 90, 733 1895...... ~ ...... 30,530 190.5 ...... ~····· 106,043 the desk. 1896-·····················-············· .. 34,

'\ . , .•' -,,,, ....

2844 CONGRESSIONAL RECORD-SENATE. MARCH 31~

TABLE No. 2.-Showing the probable total numbe?· of survivors of the war of the re­ with any measure which has been introduced and referred for their bellio11 (excluding·deserters) on June 30 of each yearfr om 1890 to 1909, inclusive, and at the close ofeach quinquennial period thereafter until none shall remain. consideration. Then the amendment itself has no proper place or re­ lation to this bill, which is a dependent pension bill on account of dis­ ability, a bill devised for the purpose of aiding and relieving those who are in immediate straits and need, by reason of disability, a bill which by 1 ..- ..- ..- .•- ... ..- ..- ..- ..- ..- ..- ... ..- ..- .. -..- •.y- .• ..- ..- ..- ..- ..- •.- .. -.. its very terms and upon its very theory excludes entirely the idea of a -890~.- -~-~-:-:-~.- -.1-S-~-~-~-i~-.o-4~~!· 1 ,-1_90~4- -~-~~-~- ·. 1 -S-u~rv_~_·v-~-:-~ service pension. Now, to go on in this manner upon an amendment 1891...... ] '26.l, 232 1905 ...... 820, 687 sprung upon this bill at the closing hours of its consideration, voting 1892 .• , •• ,., •.••••••.• ., ...... ,, ], 236, 076 I 1906 ...... ,...... 7 2, 7'l:J. 1893...... 1, 209, 968 1' 1907 ...... 744, 196 pensions for amounts which are not vouched for and for numbers which 1894...... 1, 182, 889 1908 ...... 705, 197 are not vouched for, strikes me as very hasty legislation and likely to 1895...... 1, 154, 810 1909 ...... 665, 832 f' •• 1896...... 1, 125, 725 1910 ...... 626, 231 be improper. I hope the amendment will not prevail. 1897...... 1, 095, 628 1915 ...... 429, 727 The VICE-PRESIDENT. Is the Senate ready for the question on 1898...... 1, 064, 524 1920 ...... •...... 25L 727 the amendment proposed by the Senator from Kansas [Mr. PLU:MB]? 1899,,,oooooooOoooooooM 000000000000000000 1, 032, 418 1925 •0•0••••0•••••• •000000000000 00000•00 116, 073 1900...... 999,339 1930 ···································· 37,033 Mr. PLUMB. I think I shall venture to have the yeas and nays on 1901...... 965, 313 1935 ...... 6, 296 that if I can get a second. 1902...... 930, 380 1940 ...... 340 The yeas and nays were ordered. 1903...... •...... 894, 585 1945 ...... 0 .:.. I Mr. PIERCE. Mr. President, this dependent pension bill is not al­ together satisfactory to me, but I want to vote for it because it will re· TABLE No. 3.-Showing the probable number, June 30, 1890, of the pensionable sur­ lieve a good many of those who are in distress now, and it will relieve ritJors of the war of the rebellion who are either not pe1isi-Oned or are rated at less than 88 per month; the number who will be S'ixty-two years of age or 01ier on that the nation from the odium of having a large number of its defenders date; also the number who will attain si.xLy-Lwo ye<1rs after 1890, with the year in in the poor-houses of the country. It has been going on now for weeks which they will reach that age. and no action has been reached. It seems tG me that it is time that [Excluding pensioners at SS a month or over.] this one bill was carried through the Senate and placed in the progress Probable number of survivors in 1890: Excluding pensioners at $8 or over, of enactment by both Houses of Congress. l,00,934; excluding pensioners at SB or over, sixty.two years of age or over, 126,087. I wish to say in regard to the amendment which has just been sub­ mitted by the Senator from Kansas, speaking for myself alone, that I it Will live t-0 be sixty-two Number Will live to be sixty-two ~mber object to it because docs not go far enough, and I make this remark years old in year- of men. years old in year- •1 II men. now in order that my vote upon the amendment may not be misunder­ stood by the soldiers. At the proper time I hope there will be intro­ rluced in this Chamber (and if no one else introduces it I shall take 1891...... 17,~ 1901 ...... 52,623 1892...... 19,1~ ~:...... 59, :oo occasion to do so myself) a bill which is more liberal in its character 1893 ...... 20,989 lil03 ...... 67, 655 than the amendment which has been submitted bv the SAnator from ', 1894 ...... 23, 171 1904...... 76,507 Kansas. I have examined the figures very carefully, and I do not be­ 1895...... 25, 743 1905 ...... 89,417 1896 ...... 28,731 1906 ...... 82,497 lieve they go far enough or are liberal enough to the old soldiers. 1897...... 32,214 1907 ...... 37, i32 I simply desired to make that explanation before the vote was taken. 1898 ...... 36,279 1908 ...... 4, 783 Mr. PLUMB. One little thing did not seem to occur to the Senator; 1899...... 40,990 1909 ...... 692 1900...... 46,413 and that is, he djd not move any amendment to make it more liberal. Mr. PIERCE. I am not prepared to do it in proper form at this mo­ TABLENo.4.-Showingth.eprobabletotal.numberofpensionablesurvi'Vorsatsi.::;ty-two ment; otherwise I should be glad to do so. years of age or over, who are not now on the pension-rolls or are rated at Less than $8 The Secretary proceeded to call the roll. per month, on June 30, of each year from 1890to1909, inclusive, when practically atl Mr. CAMERON (when bis name was called). I am paired with the will have become sixty-two, and at the end of each quinquennial. period thereafter until none shall exist. Senator from South Carolina [Mr. BUTLER]. Survivors at sixty-two yea.rs or over, excluding pensioners at $8 and over per l\1r. CULLOM (when his name was called). I am paired with the month. Senator from D~laware [Mr. GR.A Y], who is detained from the Senate Chamber by official business. I therefore withhold my vote. Year. Suryivors. Year. Survivors. Mr. PADDOCK (when his name was called). I am paired with the Senator from Louisiana [Mr. EUSTIS]. I should vote "yea. 11 if he were present. 1890 ...... , ...... 126, 087 lOOi ...... 497, 205 1891...... 137, 900 1905 ...... 561,248 Mr. PLATT (when his name was called). I am paired with theSen­ 1892 ...... 150,584 1906...... 615,360 ator from Virginia [Mr. BARBOUR]. 1893 ...... 164,344 1907 ...... 621,868 Mr. PUGH (when his name was called). I am paired with the Sen­ 1894 ...... 179,457 1908 ...... 593, 925 1895 ...... 196, 2.30 1909 ...... 561,442 ator from Vermont [Mr. EDMUNDS]. I should vote" nay" ~f he were 1896 ...... 215,001 1910 ...... 528,050 present. · 1897 ...... 236,4L8 1915 ...... 362,354 The roll-call was concluded. 1898 ...... 260,218 1920 ...... 212, 261 1899 ...... 287,660 1925 ...... •··••··•···• •••··· 97,875 Mr. CULLOM. I have received word from the Senator from Dela­ -. 1900 ...... 319,068 1930 ...... 31,227 ware [Mr. GRAY], with whom I have announced a pair, that I am at 1901...... 355,067 193.'l ...... 5,309 liberty to vote on this amendment. I therefore vote "yea." 1902 ...... 396,319 1940 ...... 287 1903 ...... 443,484 1945 ...... 0 Mr. FRYE. I wish to announce that my colleague [Mr. HALE] is paired with the senior Senator from Kentucky [Mr. BECK]. l\Ir. JONES, of Arkansas (after having voted in the negative). I TABLE No.5.-Su.mmary. am paired with the Senator from New York [Mr. HISCOCK]. As he is Total number of men furnished during the war (credits) ...... 2, 778, 304 To Army ...... 2, 672, 341 not in the Chamber I withdraw my vote. To Navy...... 105, 963 Mr. DOLPH. I announce my pair with the senior Senator from Estimated total number of re-enlistments...... 564, 939 Georgia [Mr. BROWN]. In Army...... 543,393 In Navy...... 21,546 The result was announced-yeas 19, nays 38; as follows: Estimated total number of desertions...... 121, 896 YEA.S-19. From Army...... 117,247 Allison, Hoar, Moody, Squire, From NaYy...... 4,649 Cullom, Ingalls, Pettigrew, Turpie, Total number of deaths...... 364, 116 Dawes, Jones of Nevada, Plumb, Voorhees, In A.rmy...... 359, 5:!8 Evarts, Manderson; Quay, Wilson of Iowa. In Navy...... 4, 588 Frye, 1\Iitchell, Sherman, Estimated total number of individuals in service ...... 2, 213, 36.5 NAYS-38. In Arro y ...... • ...... 2, 128, 948 In Navy...... 84,417 Allen, Colquitt, lliggins, Sawyer, Estimated total number of survivors at termination of service (desert- Bate, Daniel, Kenna, Spooner, ers excluded) ...... 1, 727,353 Berry, Davis, McMillan, Stockbridge, Blackburn, Farwell, McPherson, Teller, Army ...... 1, 652, 173 Vest, Navy...... 75, 180 Blair, Faulkner, Morgan, Call, George, Morrill, Walthall, Estimated total number of pensionable survivors, June 30, 1890...... 1, 285, 471 Washburn, Less pensioners at or over per month ...... 1, 083, 934 Casey Gibson, Pasco, S8 Chandler, Harris, Payne, Wilson, of Md. Estimated total number of pensionable survivors sixty-two years of Cockrell, Ha.wJey, Pierce, age or over, June 30, 1890...... 149, 531 Reagan, Less pensioners at $8 or over per month...... 126, 087 Coke, Hearst, ABSENT-25. Mr. DAVIS. The consideration of this question of the service pen­ Aldrich, Dixon, Hampton, Stanford, sion, a~ to when it shall be passed, as to what age, upon what basis, Barbour, Dolph, Hiscock, . Stewart, and what is to be expected from such a bill when it goes into opemtion, Beck, Edmunds, Jones of Arkansas, Vance, Blodgett, Eustis, Paddock, Wolcott, is undoubtedly very interesting, and, asamatterofdnty, itshonldreceive Brown, Gorman, Platt, the con5ideration of Congress; but I regret very much that the figures Butler, Gray, Pugh, which the Senator froID Kansas has just now submitted to the Senate Cameron, Hale, Ransom, ·. have never been submitted to the Committee on Pensions in connection So the amendment was rejected.

-.. ·-. -- .;.\. .> • ··.... '· . . !'" 1890. CONGRESSIONAL RECORD-SENATE. 2845

Mr. HOAR. I desire, with the permission of the Senate, to say one proposed by the Senat.or from Kansas would simply be inclusive of word in regard to the amendment which has just been rejected. I those soldie:rs who are over sixty-two years of age who do not need any voted for it because I desired in this way t-0 express my belief that the assistance whatever. For my own part I am against the pensioning of principle of a service-pension bill ought to be adopted with reference to millionaires, I do not care what their age is or what their service may those veterans who have attained a ce1·tain advanced age, and I sup­ have been. pose the age fixed in the amendment is the proper one to conform to The PRESIDING OFFICER (Mr. FRYE in the chair). The ques· the present laws. I do not, however, altogether like the amendment tion is on the amendment offered by the Senator from Kansas (Mr. as it was proposed, and should prefer, when the system or doctrine of PLUMB]. Is the Senate ready for the question? service pensions is adopted that there should be something in the way of Mr. SHERMAN. Let it be read. a graduation ofthepension tothe lengthofservice. Idonotthinkthat The PRESIDING OFFICER. It will be read. a three-month man, who perhaps never was in the front, who merely The CHIEF CLERK. In section 2 of the reprint of the bill, line 6, enlisted and guarded some fort, perhaps sometimes even a fort in one of after the word "habits," it is proposed to strike out all down to and the Northern harbors, should be entitled to precisely thesameamount including the word "support" in line 10, as follows: of service pension as a veteran who went to the war and staid all Which incapacities them from the performance of labor in such a degree as to through and bore the burden and heat of the day. render them unable to earn a support, and who a.re dependent upon their daily labor, or on the contributions of others not. legally bound theret-0 for their sup­ I introduced some two years ago, at the request of a person who had port. carefully studied this matter, a bill giving so much a day, a service So as to read: pension proportioned to the length of service, which I think would be That all persons who served three months or more in the military or naval a more just and reasonable provision than the one just now proposed. service of the United States during the late war of the rebellion, and who have I recorded my vote in favor of this project of the Senator from Kansas been honorably discharged therefrom, and who are now or who may hereafter be suffering from mental or physical disability not the result of their own vicious because, as I said, I desired to express my approbation of the principle habits, Hha.ll, upon ma.king due proof of the fa.ct according to such rules and and my belief that the time bas come when we ought to be dealing regulations as the Secretary of the Interior may provide, be placed upon the ' with this pension subject in that line. list of invalid pensioners of the United States, and be entitled to receiveS12 per .. Mr. PLUMB. I move to strike out, commencing in Une 6, page 2, month. of the reprint of the bill, in section 2, these words: The PRFEIDING OFFICER. The question is on agreeing ro the amendment. Which incapacitates them from the performance of labor in such a degree as to render them unable to earn a support, and who are dependent upon their daily The amendment was rejected. labor, or on the contributions of others not legalJy bound the1·eto, for their sup­ Mr. PLUMB. I move to add as a new section the following: port. SEC . ..l.., That, when it shall appear that any applicant for pension on account of disability was confined in a. Confederate prison for a. period of thirty days or That eliminates from the section what is known as the dependent feat­ more, such applicant shall he entitled to the benefit of the presumption that such ure of it. I have already stated all Icaretosayuponthatpoint, and now disability was incurred while he was in the military service and in the line of will say something in response to what the Senator from Massachusetts duty, and be pensioned accordingly. (Mr. HOAR) has said. The PRESIDING OFFICER. The question is upon agreeing to the There is great force in the suggestion, upon general principles, that amendment proposed by the Senator from Kansas. whoever served the longest should have the greatest pay where that Mr. PLUMB. Mr. President, there has been for a long time a con­ pay was given because oftheservice alone, notonaccountofdisability. tention, with which members of the Committee on Pensions especially In proposing the amendment which I did, and which has been voted are familiar, that the men who were confined in Andersonville, Salis­ down, I followed the example which Congress has recPntly set with ref­ bury, and other Confederate prisons should be entitled to a recognition erence to the survivors of the Mexican war and the precedent which was of their sufferings and disabilities which they are not able to make set in the pensions to survivors of the war of 1812. It may be proper proof of for reasons which are entirely obvious. The bill as reported at this date now to make a new rule in regard to the survivors of the from the committee will give a certain recognition to them, but it will war of the rebellion. Upon that I do not care to express any final not give a recognition which carries a rating above $12 per month. This opinion, but merely to say that it is totally opposed to every principle amendment is in the line of the provisions of the second section, but of legislation which we have heretofore applied in the shape ·of pen­ will have the advantage of giving a greater rating than $12 t-0 a num­ - . ' sions, and that whoever seeks to apply it in such a way as to do exact ber of these very deserving men. I know the chairman of the Com­ justice will find there is considerable difficulty before him. Yet I mittee on Pensions, wi€h that preference for his own bantling which would be willing to vote for some such proposition as the Senator from all parents have, does not want the bill amended, but I hope he will Massachusetts has spoken of, perhaps the identical one that he has sug­ see thatin this amendment there is sufficient merit to warrant the ex­ gested, and I hope the fact that I have presented these amendments ception. It will make at the same time a very just recognition of a -- which have been criticised by a member of the committee and by the deserving class of people who may not get relief if they do not get it Senator from Massachusetts as being crude-- through the medium of this bill. Mr. HOAR. I did not criticise- Mr. DAVIS. The amendment bas no proper place in this bill. The Mr. PLUMB. As being objectionable because they did not go far question of presumption under the bill, when or where a man was dis­ enough, and so on. I hope they will not be restrained by any means, abled, is entirely done away with by its very provisions. By the bill . now, inasmuch 88 this matter has been voted down, to propose another it is sufficient if a man is disabled at the time .he filed his application, ' measure which they think will more nearly meet the situation. no matter when or where he may have incurred the disability. So far Mr. HOAR. Will the Senator-- as benefits under the bill are concerned, whether he incurred the disa­ Mr. PLUMB. Excuse me. The Senate furnishes stationery, pen, bility in prison twenty-five years ago or yesterday as the result of any ink, paper, and things of that sort. The Senator from North Dakota of the ordinary casualities of life makes no difference. Hence the who spoke [Mr. PIERCE] has had some experience in putting bis amendment of the Senator from Kansas, however apparently merito­ thoughts upon paper. The Senator from Massachusetts [Mr. HoAR] rious, is not harmonious with the provisions or the theol'y of the bill. , ·'. himselfissomewhat of an adept in that line. I hope there will not be Mr. HAWLEY. It is q nite possible that, as the discussion proceeds, . , any restraint growing out of any lack of appreciation of the ability of I shall vote against something, perhaps more than one thing, that I Senators on that subject or of any innate modesty either. heartily believe in. But an experience of some years in Congress has .... Mr. BLAIR. I suppose it will be remembered that nearly all who taught me this at least, whether it has others, that if you have a com­ would be covered by this proposition to give a service pension upon at­ mittee you trust, and that committee give great time to a bill and are taining the age of sixty-two years are already included in the terms of sure of it, and it is well considered, and the committee come in unani­ the present bill, for not less than three-fourths of the soldiers of the mously and beg you to stand by the measure and not listen to plausible country who are not already pensioned under other laws are included amendments, it is better to do it practically, because then we shall get under the provisions of this bill whether they have reached the age of something done certainly. I am afraid to vote for amendments in this sixty-two or are younger. Of those sixty-two years of age thereareat way. I shall vote against any amendment to the bill simply on that least three-fourths who are incapacitll.ted by ''mental or physical dis­ ground, and I want to get through a first-rate proposition. ability" "from the performance of labor in such a degree as to render The PRESIDING OFFICER. The question is on agreeing to the them unable to earn a support, and who are dependent upon their daily amendment proposed by the Senator from Kansas [Mr. PLUMB]. labor, or on the contributions of others not legally bound thereto, for The amendment was rejected. their support." The universal construction of the language used in the The bill was reported to the Senate as amended, and the amendments pension laws is that the support or the dependence need not be total in were concurred in order to enable the claimant to avail himself of the provisions of the The bill was ordered to be engrossed for a third reading, and was read law, and this incapacity t.o earn a support need not be a total support. the third time Any incapacity such as is included in the language which I have The PRESIDING OFFICER. Shall the bill pass? read here in the sixth and tenth lines, any lack of support or any de­ Mr. VEST. J call for the yeas and nays. gree of dependenC'.e, whether it be dependence wholly or in part, or The yeas and nays were ordered; and the Secretary proceeded to call support wholly or in part, is sufficient to bring the soldier within the the roll. terms of the bill. Any one who knows aught of the condition of the Mr. COKE {when his name was called). I am paired with the Sen­ soldiers of the country must see that the bill cove:rs everybody who ator from Pennsylvania [Mr. QUAY]. If he were here I should vote ought to have help, no matter what the age is, and the amendment "nay."

I ~ . - ...... I - ...... l " - .... 2846 OONGRESSIONAL REOORD-SEN.ATE. 1\!ARCH 31,

Mr. CULLOM (when his name was called). I am paired generally ABSENT-28. with the Senator from Delaware [Mr. GRAY]. If .be were present I Aldrich, Coke, Gorman, Morgan, Barbour, Cullom, Gray, Pasco, should vote '•yea.'' Beck, Dixon, Hale, Quay, Mr. DOLPH (when his name was called). I am paired with the Blodgett, Dolph, Hampton, Ransom Senator from Georgia [Mr. B:ROWN]. If I were at liberty to vote I Brown, Eustis, Hiscock, Stanford, Butler, Evarts, Kenna, Vance, should vote ''yea.'' Cameron, Farwell, McMillan, Wolcott. l\Ir. JONES, of Arkansas (when his name was called). I am paired with the Senator from New York [Mr. HiscocK]. If he were present So the bill was passed. r should vote "nay." The PRESIDING OFFICER. The title of the bill must be amended. Mr. McMILLAN (when his name was called). I am paired with the The CHIEF CLERK. The committee report to amend the title, so as Senator from North Carolina [Mr. v .A.NCE]. If he were present r to read: "A bill granting pensions to soldiers and sailors who are in­ should vote '' yea.'' capacitated for the performance of labor, and providing for pensions to Mr. PLATT (when his name was called). I am paired with the Sen- their widows, minor children, and dependent parent.s." ator from Virginia [Mr. BARBOUR], who is detained from the Senate l\Ir. HO.AR. I should like to inquire of the chairman of the Com- by indisposition. If he were present I should vote ''yea." mittee on Pensions how a soldier who is now incapacitated for labor The roll-call was concluded. can have a widow. Mr. PADDOCK. I desire to transfer ruy pair with the Senator from Mr. DAVIS. I ask unanimous consent that the word " their " be Louisiana [Mr. EUSTIS] to the Senator from New York [Mr. HrscocK], stricken out before the word "widows." who is paired with the Senator from Arkansas [Mr. JONES], so as to The PRESIDING OFFICER. The Chair hears no objection, and the enable both the Senator from Arkansas and myself to vote. That being title will be amended as it will now be read. agreeable to the Senator from Arkansas, I vote "yea." The title was amended so as to read: "A bill granting pensions to Mr. JONES, of Arkansas. On the trnnsfer of pairs, as stated by the soldiers and sailors who are facapacitated for the performance of labor, Senator from Nebraska, I vote "nay." and providing for pensions to widows, minor children, and dependent Mr. CAUERON. I am paired with the Senator from South Carolina parents." [Mr. BUTLER]. If he were present, I should vote "yea." MESS.A.GE FROM THE HOUSE. Mr. CULLOM. I will inquire if any Senator has announced a pair A message from the House of Representatives, by Mr. MARTIN, its with the Senator from Rhode Island [Mr. ALDRICH]? I understand Chief Clerk, announced that the Hoose had agreed to the report of the he is paired with some Senator and I shall not attempt to transfer my committee of conference on the disagreeing votes of the two Houses on pair to him. the amendments of the Senate to the bill (H. R. 7496) to provide for Mr. EVARTS (after having voted in the affirmative). I ask whether certain of the most urgent de.ticiencies in the appropriations for the the vote of the Senator from Alabama [Mr. MORGAN] is recorded. service of the Government for the fiscal yearending June30, 1890, and The PRESIDING OFFICER. It is not. for other purposes; that it further insisted on it.s disagreement to the Mr. EVARTS. Then I must withdraw my vote. amendment of the Senate numbered 41 to the said bill, and that it asked Mr.FARWELL (aft.er having voted in the affirmative). I desire to a conference with the Senate on the disagreeing votes of the two Houses inquire if the junior Senator from Florida (Mr. PASco] has voted. thereon, and had appointed Mr. HENDERSON of Iowa, Mr. CANNON, The PRESIDING OFFICER. He is not recorded. and Mr. BRECKINRIDGE of Kentucky managers at the conference on M:r. FARWELL. I withdraw my vote. the part of the House. Mr. STEWART. The Senator from California [Mr. ST.A.NFOBD] has The message also announced that the House had passed the bill (S. a general pair with his colleague [~fr. HEABST]. I understand that 2542) further to provide for the administration of oaths, with an amend- bis colleaguevoted "yea." ment in which it requested the concurrence of the Senate. Mr. PLATT. As the Senator from California [Mr. STANFORD] is The message further announced that the House bad passed the fol- absent and unpaired, I will transfer my pair with the Senator from lowing bills and joint resolution; in which it requested the concurrence Vi~inia. [Mr. BABBOUR] to the Senator from California and vote. of the Senate: Mr. HARRIS. Which Senator from California does the Senator from A bill (H. R. 753) authorizing and directing the sale of certain prop- Connecticut refer to? erty belonging to the United States, situate in Pittsburgh, Pa.; Mr. PLATT. I refer to the senior Senatar from California [Mr. A bill (H. R. 2142) for the relief of the heirs of Lewis Steelman; STANFORD]. His colleague has voted. I A bill (H. R. 6952) to amend section 1018 of the Revised Statutes; Mr. HARRIS. My understanding has been that the Senator from A bill (H. R. 8049) to provide for the disposal of the abandoned California [Mr. STANFORD] is generally paired with his colleague [Mr. F'ort Ellis military reservation in Montana under the homestead Jaw, HEARST] . and for other purposes; l\fr. PLATT. And his colleague [Mr. HEARST] voted the same way A bill (H. R. 75) to fix the regular terms of the circuit and district which he would vote. courts for the southern district of Alabama; l\fr. HARRIS. That answers my question. A bill {H. R. 397 L) to make valid a deed to a certain tract of land Mr. PLATT. I vote ':yea." in Bibb County, Georgia, made and delivered by Brig. Gen. Davis Til- The PRESIDING OFFICER. The Chair announces that his col- son, acting assistant commissioner of the Freedman's Bureau, to Sam- leage [Mr. HALE] is necessarily detained from the Senate and is paired uel I. Gustin, his heirs and assigns; with the Senator from Kentucky [Mr. BECK]. If permitted, he would A bill (H. R. 7044) to amend section 707 of the Revised Statutes; vote ''yea." A bill (H. R. 7305)to deprive the judge in a court of the United States 1\Ir. BLACKBURN. I desire again to announce the absence of my of the authority to give an opinion upon questions of fact; colleague [Mr. BECK] on account of ill-health. If he were here, he A bill {H. R. 8240) to require the United States circuit and district would vote "nay." judges to instruct the jury in writing when requested; and Mr. CULLOM. I will make another inquiry. ·I wish to ascertain Joint resolution (H. Res. 14) authorizing the use and improvement whether the Senator from Rhode Island [Mr. DIXON] has been an- of Castle Island, in Boston Harbor. nouuced as paired with any Senator? NATIONAL MUSEUM. Mr. BLACKBURN. The Senator from Rhode Island [Mr. DIXON] Mr. MORRILL. I am directed by the Committee on Public Build- is paired with the Senator from South Carolina [Mr. HAMPTON]. ings and Grounds to move that the communication from the secretary Mr. CULLOM. All right; I ~n not get in my vote. . l\fr. BATE. The Senator from Rhode Island [Mr. ALDRICH] is of the Smithsonian Institution, dated January 21, 1890, m relation to paired with theSenatorfromNorth Carolina [Mr. RANSO:M]. The Sen· the National Museum and it.

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1890. CONGRESSIONAL RECORD-HOUSE. 2847

action thereon, looking to the removal of the discrimination, be taken by Con­ PUB.E LARD . . gress during its present session, if practicable. BEN.J. HARRISON. Mr. MORGAN obtained unanimous consent fio have printed in the EXECUTIVE l\!ANSION, RECORD the following memorial from the presidents of eleven Stat.e Washington, March 31, 1890. Farmers' Alliances: SENATORS FROM MONTANA. At a meeting-Of presidents of the various State Farmers' Alliances, called by the president of the National Farmers' Allie.nee and Industrial Union, held in Mr. HOAR. I move to proceed to the consideration of the report of Atlanta, Ga.,on the 19thdayofMarch, 1890, the following resolution was adopted: the Committee on Privileges and Elections in regard to the Montana " Resolved, That the representatives of the cotton States, her~as5embled, do as­ sert that the compound-lard bill now pending in Congress is unwise, special, and contested-election case. I will state that it is not my purpose to urge class legislation, a.nd will increase the burdens of one class of producers and only the Senate to proceed with the matter to-night, but to make it the un­ benefit a. monopoly that by no means manufactures a pure article of hog's lard, finished business. and members of Congress are hereby most respectfully and earnestly requested to oppose the passage of said measure." Mr. GORMAN. I call the attention of the Senator from Massachu­ It was also re.solved that the above resolution pertaining to national legisla­ setts to the fact that the Senator from Delaware [Mr. GRAY] who sub­ tion on the compound-lard bill shall be printed in The National Economist and mitted the views of the minority is not here. be placed on the desk of each Senator and Representative. The above resolutions were unanimously adopted. Mr. HOAR. I have an understanding ith the Senator from Dela­ · L.L.Polk,president; W.S . .Morgan,Arkansa.s; W.L VMon,Florida; ware that this case shall not t>e proceeded w\th until to-morrow, Tues­ 'l'. S. Adams, Louisiana.: S. B. Alexander, North Carolina; S. D. A. day. I call it up, as I just stated, for the sake of making it the Duuca.u. Texas; J. P. Buchanan, Tennessee; S, l\L Adams, Alar bama; L. F. Livingston, Georgia; .J. B. Dines, Missouri; E.T. unfinished business for to-morrow. I propose now to move to proceed Stackhouse, South Carolina; R. W. Coleman, Mississippi. to the consideration of executive business. OF UNITED PROPER.TY PITI'SBURGH PA. The VICE-PRESIDENT. The question isonagreeingto the motion SALE STATES IN 1 '• 0 made by the Senator from 1\Ias.5achnsetts [Mr. HoA.R]. Mr. DALZELL. Mr. Speaker, I ask unanimous consent for the pres­ The motion was agreed to. ent consideration of the bill which I send to the desk. -' EXECUTIVE SESSION. The Clerk read as follows: A bill (H. R. 753) authorizing and directing the sale of certain property be­ Mr. HOAR. I move that the Senate proceed to the consideration of longing to the United States, situate in Pittsburgh, Pa. executive business. The Clerk proceeded to read the bill. The motion was agreed to; and the Senate proceeded to the consid­ Mr. ROGERS. I would like to reserve the right of objection until eration of executive business. After one hour and forty-five minutes explanation has been made of the bill. spent in executive session the doors were reopened, and (at 5 o'clock and The SPEAKER. The bill has not been read. ,_ 45 minutes p. m.) the Senate adjourned until to-morrow, Tuesday, April Mr. HOLMAN. There is so much confusion we are unable to hear "' 1, 1890, at 11 o'clock a. m. what business is being transacted. .. The bill was read, as follows: Be it enacted, etc., That the Secretary of War be, and hereby is, authorized a.nd NOJ\.HNATIONS. directed to sell and convey to the purchaser or purchasers all the right, title, and interest of the United States in and to all that certain parcel of ground, be­ E-r:ecutive nominations received by the Senate the 31st day of March) 1890. longing to the United States, situate in the city of Pittsburgh, Pa., at the north­ ASSOCIATE JUSTICE OF WYOMING. west corner of Penn avenue and Garrison a.Hey, in the fourth ward ot said city, fronting 100 feet on the west side of Penn avenue and extending northwardly Clarence D. Clark, of Wyoming, to be associate justice or the su­ along the west line of Garrison alley, preserving the same width, to low-water preme court of the ·rerritory of Wyoming, vice Samuel T. Corn, whose line oft.he Allegheny River,subject, hqwever, to such pablicea.sements as exist J term expired March 29, 1890. thereon and thereover. . SEC. 2. 'rhat said sale shall be by public auction aft.er due advertisement, daily, UNITED STATES ATIORNEY. for three weeks in three newspapers of the city of Pittsburgh, and after publi­ cation of notice by printed hand-bills posted for that length of time on said Frank D. Allen, of Massachusetts, to be attorney of the United States property and in ten of the most conspicuous places in the na.id city, and shall be for the district of Massachusetts, vice Owen A. Galvin, resigned. of the property as a. whole or in parts, for cash, a.sin the judgment of the Secre­ tary of War may best subserve the interest of the United States and secure the UNITED STATES MARSHAL. best price for said entire property. Frank Buchanan, of Missouri, to be marshal of the United States Mr. HOLMAN. Mr. Speaker, before unanimous consent is given I for the eastern district of Missouri, vice John W. Emerson, to be re­ hope that the report !rom the Secretary of War, if there is one, will moved. be read. UNITED STATES CONSUL. Mr. DALZELL. I will say to :my friend from Indiana, if he will give me his attention, that the sale of this property bas been recom­ Al ton Angier, of Georgia, to be consul of the United States at Rheims, mended by four different Secretaries of War: .first by Secretary Belknap, vice Samuel H. Keedy, recalled. then by Secretary Lincoln, then by Secretary Endicott, and last by Sec­ ASSISTANT SURGEON IN THE NAVY. retary Proctor. Leckinski Ware Spratling, a resident of Alabama, to be an assist.ant Mr. HOLMAN. I hope the reasons given by the present Secretary surgeon in the Navy, to fill a vacancy. for the sale will be stated. Ur. DALZELL. The reason assigned is that the property is of no use to the Govrrnment. It is worth, perhaps, $250,000 or $300,000, CONFIRMATION. and the Government is substantially paying $18,000 a year rent for -. Executive nomination conftrrned by the Se:nate Marcli 31, 1890. property that it does not use. This is a piece of old fort property which UNITED STATES ATI'ORNEY. was abandoned as a fort seventy-five years ago. It is now in the busi­ ..· John F. Selby, of North Dakota, to be attorney of the United States ness portion of the city of Pittsburgh and is very valuable, while it is for the district of North Dakota. of no use to the Government. On the last page of the report there appears an extract from a communication from General S. V. Benet, Chief of Ordnance and Acting Secretary of War, in which he says: I This land is not needed for the use of this Department, but the United States \ should sell what it owns-all it,s right, title, and interest-for cash, at public HOUSE OF REPRESENTATIVES. auction, the proceeds of the sale to be covered into the Treasury. MONDAY, March 31, 1890. And under date of January 15, 1890, Quartermaster-General S. B. Holabird, in a letter to the committee, says: The Honse met at 12 o'clock m. Prayer by the Chaplain, Rev. W. The property in question, a part of old Fort Fayette, has been in the-posses­ H. 1tULBU&N, D. D. sion of the United States since 1794. It is not now needed, and will not be The Journal of the proceedings of Saturday was re~d. needed in the future for military purposes. CORRECTIONS OF THE JOURNAL. Mr. CUTCHEON. I may add to what the gentleman from Penn­ sylvania has said, that the bill is reported unanimously from the Com­ Mr. LEWIS. Mr. Speaker, I desire to have the Journal corrected. mittee on Military Affairs. The Clerk read that Mr. LEWIS had asked for unanimous consent for Mr. MAISH. .And it was reported unanimously by the Committee the consideration of the bill fio issue a dnplicat.e check to 0. M. Carter. on Military Affairs in the last Congress. It should have been Mr. LESTER, of Georgia. Mr. DALZELL. Yes. The SPEAKER. The correction will be made. The SPEAKER. Is there objection t-0 the present consideration of Mr. BAYNE. Mr. Speaker, I desire to correct the Journal The this bill? amendments presented to the bill (H. R. 2402) fio provide for the pur­ There was no objection. chase of a site and the erection of a public building thereon at Alle­ Mr. HOLMAN. I hope the report will go into the RECORD as show­ gheny, in the State of Pennsylvania, are stated fio have come from the ing the basis of this action. Committee on Public Buildings and Grounds. The amendments did Mr. BLOUNT. I do not see the object of printing the report after not come from that committ.ee, but were proposed by myself. the bill is passed. The SPEAKER. The correction will be made. The Journal as cor­ The SPEAKER. It tends to keep the proceedings of Congress from rected will, without OQjection, be approved. being read.

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2848 CONGRESSIONAL · RECORD-HOUSE. MARoH 31,

Mr. HOLMAN. We often sell property low and afterwards buy it Mr. DUNNELL. It does. back at high prices, and I wish to have this report printed to show the The SPEAKER. Ls there objection to the present consideration of reasons for this sale. this bill? Mr. BLOUNT. I do not object to this report being printed; but, There was no objection. Hr. Speaker, we are in the habit almost every day of passing bills first The amendment recommended by the committee was read, as follows: and then printing the reports in the RECORD, and I do not see the ob­ Amend by striking out all after the word" commission," being the following ject of that practice. words: "to enable said heirs, through their legal representatives, to further Mr. CUTCHEON. It is convenfont as a matter ofreference. prosecute said claim against Mexico through the Department of State." Mr. BLOUNT. But there is no use in printing the report after the The amendment was agreed to. '· bill is passed. The bill as amended was ordered to be engrossed and read a third time; The SPEAKER. Is there objection to printing the report? aud being engrossed, it was accordingly read the third time, and passed. There was no objection. Mr. DUNNELL moved to reconsider the vote by which the bill was '. The report (by Mr. WILLIAMS, of Ohio,) is as follows: passed; and also moved that the motion to reconsider be laid on the The Committee on Military Affairs have considered House bill No. 753, au­ table. tborizin~ and directing the sale of certain property belonging to the United The latter motion was agreed to. States, situate in Pittsburgh, Pa., and recommend that it do pass for the follow­ ing reasons : CASTLE isLAND, BOSTON HARBOR. The property in question constitutes a porMon of what was originally Fort Fayette, situate on the banks of the Allegheny River. By an act of Congress Mr. O'NEIL, of Massachusetts. Mr. Speaker, I ask unanimous con­ approved August 2, 1813, all of the property originally owned at this place by the sent for the present consideration of the joint resolution (H. Res. 14) United States was authorized to be disposed of by public sale, and subsequently all was so disposed of excepting the portion now embraced in this bill. This authorizing the use and improvement of Castle Island, in Boston Harbor. bas been for some years under the control of the Quartermaster's Department. The joint resolution was read, as follows: It has on it a two-story brick house and some other buildings of no imp<.ortance. Resolved, etc., That permission be, and is hereby, granted to the city of Boston, • Owing to the growth of the business portion of the city of Pittsburgh the prop­ in the State of Massachusetts, through its park commissioners, to improve and erty has now become very valuable and would command a hi~h price in the beautify Castle Island, situated in said city,a.nd belonging to the United States, market if exposed to sale. As long ago as 1874 this property was the subject of in connection with a public park to be laid out on land adjoining and connect­ special examination and report by the Quartermaster's Department. In a com­ ing with said island, with the right to the sa.id city of Boston to make such ex­ munication dated .June 2, 1874, addressed to the Adjutant-General, C. G. Saw­ cavations and fillings, and erect and maintain such structures as the Secretary ot telle, quartermaster and brevet brigadier-general of the United States Army, 'Var may from time to time approve: Provided, That this resolution shall not who had made a. special examination of this property, reported as follows: be construed to pass any tit·le in said island, but that the ownership and control "The whole property is centrally located, is admirably adapted for business of the sa.id grounds shall remain entirely in the United States, and shall be sub­ purposes, and is very valuable. There seems to be no :probability of it ever be­ ject to such changes and uses for military or other purposes as the Secretary of ing needed for military purposes. I am therefore of opmion and I recommend War may direct. tltat the whole property be sold at public auction, after due public notice, so soon as requisite authority therefor can be obtained. The SPEAKER. Is there objection to the present consideration of Following this report Quartermaster-General :M:. C. Meigs, in .June, 1874, in his report to the Secretary of ·war, made the following statement: this joint resolution? "As this real estate oft he United States is said to be worth $100,000 and is not There was no objection. now needed for use of the Quartermaster's Department, it is believed to be ad­ An amendment recommended by the committee was read, as follows: visable that the question of its sale at public auction should be submitted to Congress. Six per cent. of the estimated value of $100,000 is $6,000 per annum, A. mend by adding the following words : which is probably greatly in excess of what the rent of any quarters and store­ "And that the bridge lea.ding from the harbor line to the island shall not be houses needed in the future at Pittsburgh will cost." constructed until the plans for the same have been approved by the Secretary This report to the Secretary of War was sent to Congress with the favorable of,Var." indorsement of the then Secretary of War, Hon. William W. Belknap. For The amendment was agreed to. some reason or other no action was taken by Congress in the premises. Since the proceedings recited were had the value of this ·property has very The joint resolution as amended was ordered to be engrossed and read greatly increased, and its retention by the Government is now, in the judgment a third time; and being engrossed, it was accordingly read the third of the committee, v~ryunwise. It does not seem to be needed for Government time, and passed. purposes, and the amount that it would bring at a fair sale would yield in inter­ est a rent which the Government is not justified in paying for property that is Mr. O'NEIL, of Massachusetts, moved to reconsider the vote by which practica.lly useless to it. A communication to the committee, signed "S. V. the bill was passed; and also moved that the motion to reconsider be Benet, brigadier-general, Chief of Ordnance and Acting Secretary of War," laid on the table. under date of March 7, 1888, says: "This land is not needed fnr the use of this department, but the United States The latter motion was agreed to. should sell what it owns-all its right, t-itle, and interest-for cash, at public HARBOR LINES IN PORTAGE LAKE, MICHIGAN. auction, the proceeds of the sale t.o be covered into the Treasury." Quartermaster-General S. B. Holabird, in a letter to the committee dated .Jan­ Mr. HERMANN. I am directed by the Committee on Rivers and uary 15, 1890, states that- Harbors to ask for the present consideration of the bill (H: R. 7345) si~~T:;\fi~0f?nj~~~ns'f::e!t!f:~a1 f~~t I~f~~~~~:~~=~~d ~~~~ti}~~t~: ~~=~~~ authorizing and directing the Secretary of War to establish new harbor in future for military purposes." lines in Portage Lake, Houghton County, Michigan. The bill was ordered to be engrossed and read a third time; and be­ Mr. BYNUM. I call for the regular order. ing engrossed, it was accordingly read the third time, and passed. FORT ELLIS :MILITARY RESERVATION. Mr. DALZELL moved to reconsider the vote by which the bill was Mr. McRAE. I desire to make a privileged report from the Com­ passed; and also moved that the motion to reconsider be laid on the mittee on Public Lands upon the bill {H. R. 8049) to provide for the table. disposal of the abandoned Fort Ellis military reservation, in Montana, The latter motion was agreed to. under the homestead law, and for other purposes. LEWIS STEELMAN. The Clerk read the bill, as follows: Mr. DUNNELL. ?tfr. Speaker, I ask unanimous consent for the Beil enacted, etc., That the Secretary of the Interior be, and is hereby, author­ ized and directed to cause the lands embr~ced within the abandoned Fort Ellis present consideration of the bill which I send to the desk (H. R. 2142), military reservation, in Montana., to be regularly surveyed by an extension of for the relief of the heirs of Lewis Steelman. the public surveys over the unsurveyed portions thereof. The bill was read, as follows: SF.c . 2. That upon approval of such surveys by the Secretary oC the Interior said landssha.11 become a pa.rt of the public domain and subject to exploration, Be it enacted, etc_, That the Secretary of State be, and he is hereby, author­ location, entry, and settlement under the mining and homestead laws of the ized and directed t-o withdraw from the files of the Department of State, and United States, and not otherwise: Pr011ided, That nothing herein contained deliver the same to the heirs of Lewis Steelman, or their legal representative, shall limit. the operations of any grant of land heretofore made to the State of the pape~ and evidence presented to the late American and Mexican Claims Montana for educational or other purposes. Commission, organized pursuant to the convention or July 4, 1868, between the SEC. 3. That the Secretary of the Interior shall cause any improvements, United States and Mexico, in his claim against Mexico for l!M.,500, for the seizure buildings, building materials, 11.nd other property which may be situate upon of wrecking apparatus by the captain of the port of Salina Cruz, September 19, such lands not heretofore sold by the United States authorities to be appraised 1869, which case is known as 563 on the docket of said commission, to enable by three competent and disinterested men, to be appointed by him, who shall, said heirs, through their legal representatives, to further prosecute said claim after each having been duly sworn to impartially and faithfully execute the against Mexico through the Department of State. trust imposed in him, appraise the sa.id improvements, buildings, building ma­ terials, and other property situate thereon and report their proceedings to the The SPEAKER. ls there objection to the present consideration of Secretary of the Interior for his action thereon; and thereupon the Secretary of this bill? the Interior shall cause the same to ·be advertised for sale at public auction, to Mr. SPRINGER. I desire to hear an explanation, reserving the right the highest bidder, for ca.sh, in at least two newspapers of gtineral circulation published in said State of Montana. for four successive weeks, giving the time to object. and place of said sale. Any sale of improvements ma-de under the provisions Mr. DUNNELL. I will make the explanation in a very few words. of this act shall be subjecfto the approval of the Secretary of the Interior. Mr. Steelman in 1870 filed some papers in the State Department, to be SEc. 4. That all acts and parts of acts in conflict herewith are hereby repealed. placed before the Mexican Commission, but it turned out that the papers The amendments recommended by the Committee on the Public were filed too Jate. They are of no use there, and the State Depart­ Lands were read, as follows: ment does not desire their possession, as it declines to make any use of Amend section 2 by inserting after the word "lands" in line 2 the words "not them in the prosecution of the claim. This citizen simply desires to otherwise disposed of." withdraw those papers from the Department, and the Department Add to section 2 the following: ''AndbeitfurtMrprovi

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1890. CONGRESSIONAL RECORD-HOUSE. 2849

The SPEAKER. Thequestionisuponorderingthis bill as amended The Clerk read as follows: to be engrossed and read a third time. The committee of conference on the disa.gre ~ inir votes of the two Houses on Mt·. HOLMAN. Mr. Speaker, I wish to say that since the report. certain amendments of the Senate to the bill (H. R. 7496) t-o provide for certain of the most urgent deficiencies in the appropriations for the service of the Gov­ ing of this bill to the House I have received from a gentleman named ernment for the fiscal year ending June 30,1890, and for other purposes, having J. W. Imes, claiming to reside on the land in question, a telegram re­ met, after full and free conference have agreed to recommend and do recom­ questing that action on this bill be suspended, and stating that he mend to their respecth-e Houses as follows: That the Senate recede from its amendments numbered 19, 21, 60, 61, 62, 63, 64, would send to the distinguished gentleman representing that State 65, 66, and 67. [Mr. CARTER] affidavits on the subject. I understand that those affi­ That the House recede from its disagreement to the amendments of the Sen­ ~ .. davits have been received. I have conversed with the gentleman from ate numbered 1, 2,4. 7, 11, 13, 14, 15, 16, 17,20, 22,23, 25, 26,36, 37,38,39, 40,42,43,44, 45, 46,47,48,49,50,51,52,53,54, 56,57,58, 59,and 68,and agree to the same. Montana, and in view of his statement I do not feel justified in asking '.rhat the House recede from its disagreement to the amendment of the Senate further postponement of this question, as he is of opinion that the rights numbered 3, and agree to the same with an amendment as follows: In lieu of claimed by this party are not injuriously affected by the bill. the sum proposed insert·· S6,000;" and the $enate agree to the same. That the Senate recede from its disagreement to the amendment of the House Mr. Speaker, I wish tQ say a word in addition. I notice that my to the amendment of the Senate numbered 55, and agree to the same. friend from Arkansas [Mr. McRAE] has not excepted from the home­ On the amendment of the Senate numbered 41, the committee of conference stead provision in this bill the commutation clause. I thought that have been bnable to agree. D. B. HENDERSO:~. exception had been made. I hope there will be no objection to making J. G. CA~ON, the exception by inserting a provision that "~aricultural lands shall WM. C. P. BRECKINRIDGE, be disposed of under the provisions of the homestead law, except sec· Mm1apers on the part of the House. EUGENE HALE, tion 2301, which shaH not apply." W.B.A.LLISON, Mr. ROGERS. I rise to a question of order. Mr. Speaker, I do not F. M. COCKRELL, see any use in debate proceeding unless we have order enough to hear Managers on tM part o.f the Senate. it. I have not heard a word that the gentleman from Indiana has said, Mr. HENDERSON, of Iowa. I now ask that the written statement and I have been listening intently. of the House conferees be read. The SPEAKER. The Chair thinks the point is well taken. The The Clerk read as follows: House will come to order. Gentlemen in the aisles will please take The managers on the part of the House of the conference on the disagreeing their seats. votes of the two Houses on amendments of the Senate to the bill (H. R. 7496) to Mr. HOLM.AN. I would be glad to have the view of the gentleman provide for certain of the most urgent deficiencies in the appropriations for the service of the Government for the fiscal year 1890, and for other purposes, sul>­ from Arkansas [Mr. McRAE] in regard to the matter I have suggested. mit the following written statement in explanation of the action agreed upon Mr. McRAE. Mr. Speaker, if this bill becomes law these lands are by the conference committee, namely : opened for settlement under the homestead law. No general bill re­ On amendments numbered land 2: Appropriates $35,000 for the expenses of the National Marine Conference. pealing the commutative section of this law has ever passed Congress, On amendment numbered 3: Appropriates 86,000 for office expenses of the and none has been favorably reported to this House at this session from Coast and Geodetic Survey in connection with the preparation of charts, instead the Committee on Public Lands. The committee is unwilling, I think, of $4,000, as proposed by the House, and $12,000, as proposed by the Senate. On amendment numbered 4: Appropriates $1,000 for miscellaneous expenses of to make atthis time any special Jaw to apply to these lands which does the Coast and Geodetic Survey. not apply to other public lands. The pre-emption law will not operate On amendment numbered 7: Appropriates $20,000, instead of Sl0,000, as pro­ as to the lands to be opened by this bill This is the law under which the posed by the House, for the expenses of propagation of food-fishes. "\ frauds, if any, have been committed. We simply ex tend to this 33, 000 On amendment numbered 11: Appropriates 15,000 for completion or the pub­ lic building nt Manchester, N. H. acres the provisions of the homestead law. I think that is right, and On amendment numbered 13: Appropriates $50:1 for rent of building for the so far as I am concerned I would like to make such a general law. I office of the Sixth Audit-or. do not see the nse of the pre-emption law; but with it out of the way On amendment numbered 14: Strikes from the bill the provision proposed by the House authorizing the Secretary of the Treasury lo transfer to themintsfor there is use for section 2301. Some such law is necessary to protect recoinage any uncurrent fractional silver coins now in the a'rea.sury, and pro­ settlers against unforeseen casualties. I hope the bill will pass. It ought viding that the expenses of the same shall be reimbursed from tbe silver-profit to pass, and pass speedily, so that the land may be opened in time for fund. On amendment numbered 15: Appropriates $5,000forprinting and publishing settlement during the coming season. It is right and gives no prefer­ lists of overdue taxes in the District of Columbia. ence to any one. On amendments numbered 16and 17: Appropriates $2,000 to aid the Industrial Mr. HOL.M.AN. Mr.• Speaker, in our later legislation this commuta· Christian Home Association in Utah Territ-ory. On amendment numbered 19: Strikes out proposed appropriation of $50,000 tion clause has been almost unifonnly suspended, for the reason that for continuing the publication of the Official Records of the 'Var of the Rebellion. - .... under it the purchaser generally buys for purposes of speculation, not On amendment numbered 20: Appropriates $50,000 for the new cruisers San for the purpose of securing a home, and because with that section in Francisco and Philadelphia, and the new gunboats Concord and Bennington. 0 n amendment numbered 21 : Strikes out the proposed increase of the appro­ operation, you might as well apply at once the pre-emption law. priation for contingent expenses of Land Office from ~.ooo to $35,000. Mr. McRAE. The person taking up this land under the homestead On amendment numbered 22: Appropriates $17,962.15 to meet the expense of law must swear that he does so for actual settlement and cultivation, protecting timber and public lauds. On amendment numbered 23: Appropriates $19,500 for the protection of public and not for the purpose of speculation. He can only get it in this way, lands from illegal and fraudulent entry or appropriation. and after so swearing, he must, before he receive title, prove this fact On amendment numbered '25: Appropriates $3,200 for completing the improve­ by two witnesses. ment of free bath-house and bathing pools at Hpt Springs, Ark. On amendment numbered 26: Authorizes the Secretary of the Interior to use Mr. HOLMAN. Our experience, however, ha.s been that vast bodies the sum of $5,000 of the amount appropriated by the act of February 27, 1890, for of land have been taken up for speculation under the commutation pro­ the relief of the Sioux Indians at Devil's Lake agency, for the purchase of sub· vision, as my friend knows. sistence and clothing and other necessary articles to relie\·e the wants of the Chippewas of the Turtle Mountain band of Indians. Mr. McRAE. I think the gentleman is mistaken about that. The Onamendmentsnumbered36,37, 38, 39, and 40: Appropriates, respectively, as I• frauds have been committed under the pre-emption law. follows: Mr. HOLMAN. As I WM not present in the committee when this For furniture cases and repairs for the Agricultural Department, $2,000. For contingent expenses of the Agricultural Department, $5,000. subject was acted on, I do not feel justified in antagonizing this bill, For experimental agricultural stations in the Territories of Arizona, New Mex• although I am not satisfied with it in this respect. ico ,and Utah, $30,000, and in the State of Rhode Island, $15,()()(). On amendments numbered 42, 43, 44, 45, 46 .f.7, 48, 49, 50. 51, 52, 53, and 54: Ap­ Mr. McRAE. I will say further, insupportofthepositionassumed by 1 propriates in the aggregate $124,200 for salaries of Senators and for miscellane· the committee, that in the passage of the Oklahoma bill through the la3t ous and contingent expenses of the Senate. Congress, section 2301 and also the provisions of the pre-emption law On the amendment of the House to the amendment-of the Sena.le numbered were not permitted to operate in that Territory; but when we came 55: Appropriates $7,500 for finishing and fitting up rooms in the House side of the Capitol Terrace. • back here at this ses.siori we found there was a clamor from that country On amendments numbered 56, 57, 58, and 59: Appropriates, respectively, as for some relief of this kind, and the result was that, while in the bill follows: organizing the Oklahoma Territory the exception that my friend from In­ For public printing and binding, $200,000; For printing and binding for the Department or Agriculture, $7,000; and -. diana would insist upon was inserted, the provisions of the pre-emption To enable the Public Printer to provide for the removal and storage of certain Jaw, much more daugerous, were at the same time extended tO that property as authorized by the joint resolution of February 6, 1883, $4,000. Territory. On amendments numbered 50, 61, 62, 6.3 64, 65, 66, and 67: Strikes out the pro­ posed specific appropriations to pay the ciaims of soldiers for ba-0k pay, bounty, Mr. HOLMAN. Certainly; bnt the reason was that the .section and commutation of rations that may be allowed by the aoeounting officers of having that effect was never reaehed for consideration by the House. the Treasury prior to July 1, next, and leaves the appropriations for such pur­ If it had been reached, I have no doubt it would have been struck out. poses indefinite, as originally proposed by the House. On amendment numbered 68: Strikes out the proposed indefinite appropriation The bill as amended was ordered to be engrossed and read a third time; for the payment of claims for horses lost in the military service that may be al­ and being engr08.5ed, it was accordingly read the third time, and pa'5Sed. lowed prior to July l, next. Mr. McRAE moved to reconsider the >ote by which the bill was The bill as passed by the House appropriated ~.650,213.72; as passed by the Senate it appropriated $24,308,777.69, exclusive of the proposed specific amounts passed; and also moved that the motion to reconsider be laid on the table. for certain soldiers' claims ; so far as a.greed upon by the conference committee, 'I'he latter motion was agreed to. it appropriates fl!,253,277.49. Mr. FRANK. I ask unanimous consent-- On the amendment of the Senate numbered 41, appropriating $20,000 for the location of artesian wells under the authority of the Secretary of Agriculture. The SPEAKER. The regular order has been demanded. the committee of conference have been unable to agree. URGENCY DEFICIENCY APPROPRIATION BILL. D. B. HENDERSON, J. G. CANNON, Mr. HENDERSON, of Iowa. I desire to submit a privileged report Wl\1. C. P. BRECKINRIDGE, from a c~mmittee of conference. Managers on the parl of the Houae. XXI-179 :. r' I. ~· , .... , . ,...... • I ·.

2850 CONGRESSIONAL RECORD-HOUSE. }!AROH 31,

Mr. HENDERSON, of Iowa. Mr. Speaker, I move the adoption of Mr. BRECKINRIDGE, of Kentucky. By the same general class of this report. officers. Some of them fall under the Second Auditor and some of them Mr. BRECKINRIDGE, of Kentucky. Before the question is ta.ken under the Third Auditor. on adopting this repol"t, I would like the gentleman from Iowa to ex- Mr. ROGERS. But the testimony? plain to the House, sot.hat it may be fully understood, that in this con- Mr. BRECKINRIDGE, of Kentucky. The testimony is made up ference report the Senate has receded from its amendments by which by proof outside. n maximum amount was appropriated for the payment of arrears of Mr. ROGERS. Wholly extraneous to the record? pay of two and three year volunteers, for commutation of rations to Mr. BRECKINRIDGE, of Kentucky. Altogether. prisoners of war and soldiers on furlough, and of claims for bounty, ?!fr. ROGERS. In that case how is the appropriation made by the about which we had a discussion in the House. I think the House bill? ought to understand that the Senate receded from those amendments; !\Ir. BRECKINRIDGE, of Kentucky. In that case we adhere to and I deem it due to myself to state that I do not withdraw the oppo- the old mode; the auditing officer has the power under the law to audit sition which I originally made to the form of the bill as brought into the claim, and must report to the Secretary of the Treasury, who re­ the House by the Committee on Appropriations. ports to Congress, a-nd Congress, of course, has power to make the neces- Therefore, the amount which the Senate put on, and which was sary appropriation for it. stricken out nominally, is not really stricken from the appropriation 11Ir. ROGERS. So you only provide in this bill for the claims that carried by the bill. It is not as a matter of fact that $412, 358 is stricken are not reporred to Congress? from the bill, for it is only nominally stricke.q out, for in point of law lt!r. BRECKINRIDGE, of Kentucky. That's all. we do appropriate, possibly not that precise sum, but an indefinite and 11Ir. ROGERS. Now, one word further in this connection. How will perhaps larger sum, a sum that may be larger than the amount named. Congress, which is supposed to hold the purse-strings, be advised as to As it was shown by onr associate on the committee, the gentleman the expenditure for that class of claims and the amount required to from Missouri [Mr. DOCKERY], la.st year these items of expenditure pay them? amounted to $1,332,998. Mr. BRECKINRIDGE, of Kentucky. Well, as a matter oflegisla- This bill carries $711,000 for this purpose and it still leaves the sum tion Congress will not be so advised; but will be advised as a matter of $621,000 tQ be expended under the provisions of the bill, provided ofinformation. It is the duty of the officer charged with the disburse­ the claims audited this year equal the amount passed last year. ment of such funds to report the expenditure and amount of the pay­ Mr. SAYERS. Do I understand the gentleman to say that the Sen- ment.s made, and it will be a matter of information which Congress ate recedes from all these amendment.s? will receive. Congress will have no duty to perform in the premises Mr. BRECKINRIDGE, of Kentucky. No, not from all. It recedes unless it discover that some fraud has been perpetrated which will re~ from all of the items except that as to the pay of claims for lost horses. quire impeachment. The amendment is numbered 68 from which we recede and concur with Mr. ROGERS. I only desire to know whether there is any period, the Senate. near or remote, when these officers will be able to report to Congress Mr. ROGERS. Will the gentleman from Kentucky explain why this that they had struck bottom. rule is applied to only one class of cases or claims and another class is Mr. BRECKINRIDGE, of Kentucky. They will, of course, report provided for differently? to Congress the amount of money expended; but that, however, will be l'l!r. BRECKINRIDGE, of Kentucky. Yes. There is a very clear subsequenttotheexpenditure. Thewholequestion hereisthatin this distinction between the two; whether it justifies the action of the com- class of cases payment can be made by the auditing officers prior to a mittee or not is for others to decide, but in the judgment of the com- report to Congress. They are meritorious cases, and payments ought mittee there is a clear distinction. The claims in the other items are to have been made long ago, and have not been made for reasons with provable by the records of the Government. All that is necessary for which I am not entirely familiar and which I do not mean to criticise. a claimant to prove under the other items is his own identity. The Such cases can be audited from documentary proof in the pos.sess:ion of claimant for a iiorse, however, has to prove his claim by testimony out- the Government; and under some late improvements inaugurated in the side of the record. War Department, originally suggested under the advice of a gentleman Mr. SAYERS. You refer in the other class to those claims f,hat are named Ainsworth, I believe, these cases can be more speedily audited, for back pay and bounty, etc.? Iand payments probably made more rapidly. Mr. BRECKINRIDGE, of Kentucky. In the former items to which It is a temporary matter which should expire in the next three or four I have referred, bounty, etc., the claims are proved by testimony which years; so that in and of itself it is mainly objectionable as afford­ is kept by the United States, is furnished by the United States, and is ing a dangerous precedent in favor of indefinite appropriations. In wholly a matter of record b~onging to the Government, in which case addition to that there is, of course, the objection that it conceals, in the the claimant has only to prove identity. In such cases, therefore, the appropriation bill, the amount of the appropriation itself. !tis a mode chance for fraud is comparatively slight, and there is a real distinc- of making appropriations which conceals the amount appropriated. It tion between such claims and those known as horse claims, where the also confers powers on auditing officers which they ought not to pos­ Senate adhered to its amendment and the House conferees receded. I sess. believe I st.ate it fairly, so that the gentleman from Arkansas and the I simply wanted to call the attention of the House to these points. gentleman from Texas can see the distinction. l'llr. DOCKERY addressed the Chair. But I thought 1t only proper and due to myself that the House might Mr. HENDERSON, of Iowa. How much time does the gentleman understand that the managers on the part of the House insisted on the want? position taken by the House, and the Senate receded, and that there- Mr. DOCKERY. I simply wanted to ask the gentleman a question. fore the statement that this bill carries twenty-four million two hun- Mr. HENDERSON, of Iowa. All right. dred and one thousand and odd dollars ought to be coupled with a Mr. DOCKERY. I desire to ask the gentleman from Iowa a ques- statement, or at least should be understood to mean, that this is the ti.on. I was not here when the debate commenced and do not know ·' amount it appropriates specifically and by name, but it also carries an what has been said. appropriation of possibly 600,000 additional for the payment of these Mr. HENDERSON, of Iowa. I have notheard what has been stated items, which the auditing officers under it will have a right to pay as on that side. · soon as the auditing is completed. Mr. DOCKERY. I desire to ask of the gentleman in charge of this l\1r. ROGERS. . Will the gentleman yield to me for a moment? bill what amount he estimates is concealed by this indefinite appropri- Mr. BRECKINRIDGE, of Kentucky. If I am permitted to do so. ation for the balance of this fiscal year't I believe that I am occupying the floor-in the time of my colleague, Mr. HENDERSON, of Iowa. Mr. Speaker, there is nothing con- and by his courtesy. . cealed in this bill; not a dollar. No living man can state the amount 1\Ir. HENDERSON, of Iowa. Does the gentleman desire to be heard? that will be required to meet the indefinite appropriations fo.r back pay, l\Ir. ROGERS. Just for a moment, for the purpose of asking a ques- bounty, commutation of rations, etc. Theamountestimated when we tion. . made up the bill for the House was $412,000; but a subsequent letter l\Ir. HENDERSON, of Iowa. I yield to the gentleman. has been received from one of the auditing officers, who finds that there l\Ir. ROGERS. As I understand this guestion,when the identity willbeabout$30,000morerequired. Theyareallowingthematamore of a soldier who claims bounty or back pay is once established the rapid :rate than heretofore, and we can not tell how much it will be; records of the Government show the amount due him or furnish the but we are agreeing, and the Senate agreeing to the proposition, reced- proof of the amount of his claim? ing from their amendment; so that whatever the amount may be it ia Mr. BRECKINRIDGE, of Kentucky. Yes. provided for in this bill-- Mr. ROGERS. And as to that we make the indefinite appropria- Mr. DOCKERY. The gentleman estimates-- tion? Mr. HENDERSON, oflowa. It will be at least $412,000, and may Mr. BRECKINRIDGE, of Kentucky. That is correct. be a great many thousands more than that. Mr.ROGERS. Bntwhenyoumakeprovisionforclaimsoftheother l\Ir. BRECKINRIDGE, of Kentucky. Does he not believe that it class how are they audited, I would ask the gentleman? will be somewhere over $600,000, because last year the amount neces- M:r. BRECKINRIDGE, of Kentucky. In precisely the same man- sary was $1,330,000 in round numbers? This bill gives $711,000, ner. which gives a distinction of over $600,000, and the statement was made Mr. ROGERS. By the same officer? that these claims are being audited much more rapidly and efficiently .... - , .. : . ' 'r - I• 1890. CONGRESSIONAL RECORD-HOUSE. 2851 than they ever have been, so that there probably will be a larger pay­ The amendment was rejected. ment made this year, and probably the payment will require $600,000 The bill was ordered to be engrossed for a third reading; and being more than the sum named in our bill, will it not? engrossed, it was accordingly read the third time, and passed. Mr. HENDERSON, of Iowa. Mr. Speaker, I know nothing of what Mr. PERKINS moved to reconsider the vote by which the bill was the amount will be, except that the auditing officer made an estimate passed; and also moved that the motion to .reconsider be laid on the for $412,000; a few days afterwards they made an estimate of $30,000 table. more. But we propose that when these claims are considered and al­ The latter motion was agreed to. lowed these poor fellows shall have their cash, be it more or be it The Committee on the Territories was called. less. I will say, while on that subject, t'hat I had not referred to it, Mr. STRUBLE. The Committee on Territories have nothing to because it is explicitly referred to in the extended report we have made, present this morning. and it is stated therein in express terms that the 524,308,770.49 em­ The Committee on Labor was called. :.. braced in the bill contains a provision of $412,000 for these indefinite Mr. BUCHANAN, of New Jersey. Mr. Speaker, the chairman of appropriations. There is nothing covered, nothing concealed, and the that committee has been called away by serious illness in his family. report made by the conference committee on this bill, if adopted, will Before he left he requested me to ask that the committee be passed enable the gentlemen to make the fullest use of it in the campaign, if over without prejudice, and under the circumstances I think the re­ they want to. quest ought l:o be grantied. :Mr. DOCKERY. Have no fear as to that. We will use it to the The SPEAKER. Does the gentleman know that there is anything fullest extent. to be presented by the committee? M:r. HENDERSON, of Iowa. .A.nd when that time comes we will Mr. BUCHANAN, of New Jersey. The chairman asked me to make meet them successfully on the stump in regard to it. We will be pre­ the request that the committee be passed without prejudice. pared with wholesome reasons for consumers in the campaign. The SPEAKER Is there objection to the request that the Com· The gentleman from Illinois [Mr. ADAMS] asked fol' a minute, and mittee on Labor be passed on this call without prejudice? I yield it to him. There was no objection, and it was so ordered. Mr. ADAMS. Mr. Speaker, I criticised the other day the manner Mr. DIBBLE. I ask unanimous consent that the Committee on Public in which conference reports were formerly drawn. I desireonly to say Buildings and Grounds-- that this report is drawn as I think all such reports ought to be drawn, The SPEAKER. It is too late to make that request. and when the Clerk read item after item I followed it with my pen in The Committee on the l\filitia was called. my hand. If I had had any serious difterence with the committee on Mr. HENDERSON, ·of Iowa. Mr. Speaker, by instruction of the any point I should have been enabled to discuss it at once without ask­ committee I offer the resolution which I send to the desk, and move its ing any question. I respectfully and .sincerely hope that the Commit­ adoption. tee on Appropriations will keep up the good practice. The SPEAKER (after examining it). This resolution would not Mr. HENDERSON, of Iowa. Mr. Speaker, the statement of the be in order. The committee has only the right to call np a. measure gentleman from Illinois has encouraged me to renew my motion for the that is on the House Calendar. adoption of the report. Mr. HENDERSON, of Iowa. This is on the Calendar of the Com­ The report was adoptied. mittee of the Whole House, and it is merely a resolution to fix a Mr. HENDERSON, of Iowa. Inowmovethatthe Houseinsistupon day. its disagreement to the amendment of the Senate numbered 41 and ask The SPEAKER. But it is not on the Honse Calendar, and is not in for a. farther conference thereon. order. . The motion was agreed t.o. The Committee on Patents was called. The Chair announced as managers of the conference on the part of Mr. SDIONDS. M.r. Speaker, I ask unanimous consent that the the House ?tlr. HENDERSON of Iowa, Mr. CANNON, and Mr. BRECK­ Committee on Patent.a be pas.sad without prejudice. lNRIDGE of Kentucky. There was no objection, and it was so ordered. SERVICE·PENSION BILL. The Committee on Invalid Pensions was called. Mr. MORRILL. '.Mr. Speaker, ou behalf of the Committee on In­ Mr. MORRILL. I desire to offer the following resolution. The Clerk read as follows: valid Pensions I call up the bill (S. 390) to amend paragraph3of sec­ tion 693 of the Revised Statutes, and for other purposes. Resolved, Tha.t ltOOO copies extra. of House bill 8297 and accompanying report be ordered printea. The bill was reacl. bill Mr. BRECKINRIDGE, of Kentucky. What repo.rt is that? The SPEAKER. Is thi3 on the Honse Calendar? Mr. MORRILL. It is Honse bill S-297, providing for a service pen­ Mr. MORRILL. It is not on the House Calendar. sion for the soldiers of the rebellion and their widows, and for other The SPEAKER. Then it is not in order at this time. Mr. MORRILL. The committee have no bills on the House "Calen­ purposes, which ha.s been reported back to the committee. dar. Mr. BRECKINRIDGE, of Kentucky. What isthe bill? The Committee on Expenditures in the Treasury Department was .Mr. MORRILL. A general pension bill. called. Mr. BRECKINRIDGE, of Kentucky. I have no objection. . The SPEAKER. Is there objection? [After a pause.] The Chair Mr. COGSWELL. Mr. Speaker, I ask unanimous consent that in the absence of the chairman of that committee the committ.ee be passed hears none. without prejudice. The resolution was agreed to. Mr. DUNNELL. I object. DUTIES ON BR EADSTUFFS ..il."'D PROVISIONS IN FO:REIGN COill\""TRIES. l\Ir. OUTHWAITE. l\Ir. Speaker, was the Committee on Expendi­ :Mr. CARLISLE. Mr. Speaker, I make the following privileged re­ tures in the Treasury Department called? , port from the Committee on Ways and Means. The SPEAKER. It was. · The Clerk read as follows: Mr. OUTHWAITE. I see the chairman of that committee is not Resolved, Tha.t the Secretary of State be, and he is hereby, requested to fur­ present, and I should like to ask that it be passed now with leave to re­ nish the House of Representatives a. statement showing what, if any, changes turn to it on a subsequent call. have been made by foreign countries since 1879 in the rates of duty imposed upon breadstuffs and provisions imported in said countries from the United The SPEAKER. Is there objection to the request thatthe Commit­ States, s.nd what laws, if any, ha.ve been enacted or regulations have been tee on Expenditures in the Treasury Department be passed without ma.de in such countries since said date prohibiting. obstructing, or in any .man­ prejudice. ner interfering with the importation a..nd sale of such articles. Mr~ DUNNELL. Mr. Speaker, I am informed that the chairman ot The resolution was agreed to. that committee is sick, and, if so, I will withdraw my objection. RIGHT OF WAY THROUGH THE L.""\DIAN TERRITORY. The SPEAKER. Is there further objection? The SPEAKER. The morning hour begins at 1 o'clock and :fifteen There was no objection, and it was so ordered. minutes, and the call rests with the Committee on Indian Affairs. The The Committee on Accounts was called. question is on agreeing-to the amendment offered by the gentleman l\1r. HAYES. Mr. Speaker, I desire to ask whether the Ch.air h3s from 1\Iississippi [Mr. HOOKER] to the bill (H. R. 344) to grant the just decided that it is not in order upon this call to move to :fix a day right of way to the PittsbUll?h, Columbus and Fort Smith Rail way for the consideration of a bill. Company through the Indian Territory, and for other purposes. The SPEAKER. Only bills on the Honse Calendar are in order un­ ' I .l\.fr. l=iOL1i1AN. I hope the amendment will be reported. der this call. The SPEAKER. The amendment has been reported a number of M.r. HAYES. A bill or resolution that is on the Calendar of the times. Committee of the Whole is not in order? · Mr. HOLMAN. Not to-day. The SPEAKER. It is not in order. The SPEAKER. Without objection, the Clerk will again report the The Committee on the Judiciary was called. amendment. SECTION 1018 REVISED STATUTES. The Clerk read as follows: 1 .Amend by adding to section 2 the following : Mr. EZRA B. TAYLOR. Mr. Speaker, on behalf of the Committee "Provided, That the consent of the Indian tribe or tribes throngh whose reser· on the Judiciary, I call up the bill (H. R. 6952) to amend section 1018 ntion this railroad shall pass shall ti.rat be had and obtained.'' of the Revised Statutes.

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2852 CONGRESSIONAL RECORD-HOUSE. MARCH 31,

·. The bill was read, as follows: respect are not controlled by the statutes of the State forbidding judges to ex­ press any opinion upon the facts. (Nudd v&. Burrows, 91 U.S., 426; Vicksburg Be it enacted, etc. That section 1018 of the Revised Statutes be amended so as and :Meridian Railroad Co. vs. Putnam, 118 U. S., 545; St. Louis, etc., Railroad to rP.ad as follows: Co. vs. Vickers, 122 U. S., 360; United States vs. Ueading Railroad, 123 U.S., 113; "SEc. 1018. Any parly charged with a criminal offense and admitted to bail Williams vs. Conger, 125 U.S., 397.) may, in vacation, be arrested by his bail and delivered to the marshal or his Your committee are of the. opinion that the judges of the courts of the United deputy at the place of trial before any judge or other officer having power to States should not be permitted, in submitting a case to the jury, to express any commit for such offense, and at the request of such bail the judge or other officer opinion upon the facts, and therefore report the following substitute, with the shall recommit the party so arrested to the custody of the marshal and indorse recommendation that it do pass and that bill H. R. 649 do lie upon the table. on the recognizance, or certified copy thereof~ the discharge and exoneration of such bail; and the party so committed shall tnerefrom be held in custody until Mr. HOPKINS. I wish to inquire of the gentleman in charge of this discharged by due course of law." · bill whether any serious complaint has been made to the Committee The bill was ordered to be engrossed and read a third time; and being on the Judiciary as to the manner of transacting business in the Fed· engrossed, it was accordingly read the third time, and passed. eral courts oncler the existing law in this respect. Mr. EZRA B. TAYLOR moved to reconsider the vote by which the Mr. HENDERSON, of North Carolina. No, sir; I do not know that bill was passed; and also moved that the motion to reconsider be laid there has been. on the table. Mr. HOPKINS. Is there any necessity, then, for the passage of this The Jatter motion was agreed to. bill? .ADMINISTRATION OF OATHS. Mr. HENDERSON, of North Carolina. I think there is. Mr. EZRA B. TAYLOR. I call up the bill (S.·2542) to provide for Mr. HOPKINS. If this bill becomes a law, it will deprive a Federal the administration of oaths, for which a substitute is reported by the iudge of any power to instruct the jury to find a verdict, even if there is no evidence at all. committee, embodying the provisions of House bill 121. Mr. HENDERSON, of North Carolina. No, sir. The SPEAKER. 'l'he Clerk will read the Senate bill and then the Mr. EZRA B. TAYLOR. Not by any means. House bill which is proposed as a substitute. Mr. HOPKINS. Why not? The Senate bill was read, as follows: Mr. EZRA B. TAYLOR. That is a question of law. Be it enacted, etc., That, in addition to the persons now authorized by law, the Chief-Justice and associate justices of the Supreme Court of the United States, Mr. HOPKINS. It may not be. :_ ' ... the circuit and district judges of the United States, and the clerks of the United Mr. EZRA B. TAYLOR. It always is; it can not be anything else States courts, and !he commisstonera of the circuit courts of the United States than a question of law. In such a case the charge of the judge is that be, and they are hereby, respectively authorized to administer all oaths author­ ize:! or required by the laws of the United States, excepting in cases in whicli under the state of facts as proven there is no law sustaining the action. any such oaths are req aired to be taken before a particular officer of the United Mr. HOPKINS. But, if this bill becomes a Jaw, it seems to me it States. will require the judge in every instance to send the jury out to find The proposed substitute was read, as follows: whether there is any evidence sustaining the action. Be it enacted, etc., That any justice, judge, clerk, or commissioner of any court Mr. EZRA B. TAYLOR. The gentleman is very much mistakenin of the United States is hereby authorized and empowered, within his territorial regard to that matter. jurisdiction, to administer oaths in any matter or proceeding, civil or criminal, that may hereafter arise under or wherein an oath may now or hereafter be Mr. COBB. If there is no evidence at all it is a question of law for required by or administered under the laws of the United States. And any the court. oath so administered shall be operative and valid for all the purposes contem­ Mr. EZRA B. TAYLOR. In reply to the question whether any se­ plated in its administration in every part of the United States. SEC. 2. That in every case wherein an oath has heretofore been administered rious complaint has been made on this subject, I will say that no such by any officer mentioned in the preceding sect.ion, in any matter or proceed­ complaints have been made in form to the Judiciary Committee; but ing, civil or criminal, provided for in said section, said oath shall be valid and every member of that committee who has had experience before the J1ave the same force and effect upon any civil ri~b ts or matters involved, where no adverse right has vested before the passage of this act, and in criminal matter:J courts has seen occasions where complaint ought to have been made. as to all acts hereafter performed in violation of said oath which would consti­ Under our general system in the States, the jury is the judge of the tute an offense if said oath were valid, as if adwinist~red after the passage and facts, the court the judge of the law, and the jury takes the law from under the provisions of said act. the court. Bot in the Federal courts, under the decisions of the Su­ The substitute was agreed to. prem~ Court, the judges a.re allowed not only to state what the verdict The Senate bill as amended was ordered to a third reading; and it should be under a given state of facts, but to say what the facts are, was accordingly read t.he third time, and passed. what the evidence is, to comment upon the evidence, to argue the case Mr. EZRA B. TAYLOR moved to reconsider the vote by which the upon the facts, to become in effect attorneys, if. they see fit. I think, bill was passed; and also moved that the motion to reconsider be laid for one, and the committee so thought, that this is a power which ought on the table. not to be exercised. he latter motion was agreed to. Mr. HOPKINS. I would like the chairman of the Judiciary Com· OPINIONS BY FEDERAL JUDGES ON QUESTIONS OF FACT. mittee to state whether during the one hundred years that our judges Mr. EZRA B. TAYLOR. I yield to my colleague on the commit­ have had this power there has been any serious complaint made or tee, the gentleman from North Carolina [Mr. HENDERSON]. whether any judge has been charged with corruptly using this power. Mr. HENDERSON, of North Carolina. I am directed by the Com­ Mr. EZRA B. TAYLOR. That is a question so broad that I shall mittee on the Judiciary to call up the bill (H. R. 649) to deprive the have to allow the gentleman himself to answer it. I will say this: that judge in a court of the United Statesoftheauthorityto give an opinion serious complaint is continually made, but no complaint, so far as I upon questions of fact. The committee recommend as a substitute for know, of corruption on the part of the judge. this bill the provisions of House bill 7305. Mr. HOPKINS. But, Mr. Speaker, every lawyer in a Federal court The SPEAKER. The Clerk will read the original bill. who in a jury trial is defeated by reason of the ruling of the judge, The Clerk read as follows: thinks probably for the time being there is something wrong; but the Be it enacted, etc., That no judge hi a court of the United States in delivering experience of practitioners generally in our courts is that this power is a charge tot.he jury in a civil or criminal action, shall irive an opmion1 whether exercised for the public good. a. fa.ct is fully or sufficientlyproYen, such matt~r being the true office and prov­ This bill is an innovation on the common law. This uower has been ince ofthe jury; but he shall state plainly and correctly tbe evidence itiven in ... the case, and shall declare and explain the law arising theceon. ex~rcised by the Federal judges since the adoption of the Constitution The SPEAKER. The Clerk will now read the proposed substitute. and the establishing of the courts. • It seems to me, unless some complaint is made and some facts are The Clerk read as follows: presented to this committee showing the necessity or expediency of Strike out. all aft.er the enactin~ clause and insert: "That no jndge in a court of the United States, fa delivering a charge to the such a measure, these gentlemen ought not to propose an innovation of jury in a civil or criminal action, shall express any opinion upon the facts." this character on the Federal judiciary. Mr. SPRINGER. Is there a Senate bill pending here in regard to Mr. EZRA B. TAYLOR. The Committee on the Judiciary reported this question? favorably on this bill because it is here. If the House thinks other­ Mr. HENDERSON, of North Carolina. No, sir; there is a Senate wise, it is of course in t.he power of the House to defeat the bill. bill in regard to judges delivering their charges in writing. The fact in regard to the matter is this: For most of the judges it Mr. DAVIDSON. Let the report in this case be read. has been understood heretofore that they were compelled on this question Mr. SPRINGER. Why should not the judges be required to deliver to adjust their practice to the practice of the States in which they hold their opinions in writing? their courts. It has not been until lately there was a differentassump· Mr. EZRA B. TAYLOH. If the gentleman will wait a moment we tion, a.ml when tha.t assumption arose it met with complaint. In four shall bring before the Honse a bill '9 that effect. or five cases, commencing with 91 United States Reports, the question Mr. HENDERSON, of North Carolina. I ask the Clerk to read the came before the Supreme Court. It was there decided that the courts report. were not bound by the policy of the States in like cases, but they had the The Clerk read as follows: common-law power to dir.ect the jury as to what the facts were, to direct theju1y as to the meaning of the evidence, and to comment on it as The Commit.tee on the Judiciary, to whom we.s referred t.he bill (H. R. 649) to deprive the judge in a court of the United States of the authority to give an they did in the days of Jeffreys for that matter. And it struck many of opinion upon questions of fact, beg leave to report: the courts, as it did most lawyers; as being an innovation, and one which In nearly all the States the rule prevails that the judge can not give to the jury ought to be corrected. It was an innovation. The judges did not un· any opinion upon the facts or on the weight of evidence. The Supreme Court of the United States has decided in several cases that the contrary rule prevails derstand before that they bad the power to do it. Now complaints ex­ in the oourts of the United States, and that the powers of these courts in this ist and come from every quarter. These innovations are growing, and ·. .,

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this difficulty is becoming more and more burdensome. The gentle­ ca.se that if he transgresses the legal boundaries and gives to the jury man from Illinois [Mr. HOPKINS] would not submit for a single mo­ instructions upon the facts of the case he is liable to be, and can be, re­ ment to have his own judges have common-law authority. He would versed in his rulings. not allow that. He would have resisted it in his own case. We merely .Ur. EZRA B. TA.YLOR. I now yield :five minutes to my colleague think the practice in the United States courts should conform to the on the committee, the gentleman from Iowa [Mr. HAYES]. principles and practice which the State coUPts generally have adopted. Mr. HAYES. :Mr. Speaker, it is the opinion of everybody who has Mr. LANSING. Is not this practically a statutory reversal of the given thought to the matter that so far as the power to judge of facts traditions of the common-law courts? is concerned, upon the evidence before a court or jury, the judge is no Mr. EZRA. B. TAYLOR. They claim it in the eastern courts. more able to correctly determine than the jury. But every practitioner Mr. LANSING. They do. before the courts of the country knows that, whenever a judge under­ 1\fr. EZRA B. TAYLOR. Do you like it? takes to express an opinion upon facts, such expression- of opinion is Mr. LANSING. Certainly, I like it. Let me ask the gentleman liable to have, and does have, an undue influence upon the jury. The how a judge can charge a jury without referring to facts in some way. object of this bill is to prevent that in future. If this legislation be adopted you make exceptions which are carried So far as the trouble suggested by the gentleman from Pennsylvania up, and thereby make litigation interminable. is concerned, it is purely imaginary. No judge in a written charge Mr. EZRA B. TAYLOR. Of course there is no question the judge ever states the facts of a case to the jury, but simply the issue as writ­ may refer to facts; he may claim the charge was so and so, but the ten down in the pleadings of the parties. He does not state the facts safe practice is to have the court hold that it can not act as attorney fo1· or anything relating to them; and what he does allege he takes from either party. the pleadings of the parties themselves. Mr. CHIPMAN. Under the State practice you have referred fa>, do Mr. REED, of Iowa. Has not that been substantially the practice not the judges do whn.t you say, that is, advart to the facts? Do they in our courts for thirty years? not refer to the facts by stating what the facts are? Mr. HA YES. You mean in the Federal courts? ' , Mr. EZRA. B. TAYLOR. They may advert to the testimony. Ur. REED, of Iowi:i. In the State courts. Mr. CHIPMAN. Is it not a fact theydo so advert to the facts under Mr. HAYES. Yes, sir. the State law? Mr. REED, of Iowa. And did you ever know an appeal taken on Mr. EZRA B. 'fAYLOR. They do not with us in Ohio. the ground that the judge had invaded the precincts of the jury; have Mr. CHIPMAN. They do with us. _ yon ever known a case to be reversed on that plea? Mr. EZRA B. TAYLOR. They are not allowed to sum up the mat­ Mr. HAYES. No, sir; and so far as our State courts are concerned ter. there bas been no such evil, and there will be no necessity for the change Mr. CHIP:l\IAN. They do it under the State law (similar to the bill in the law. But in other States there have been great complaints, and under consideration) with us. They do it everywhere, and I have known in our State also, as to the Federal courts. error to arise on it. Mr. REED, of Iowa. That is true. Mr. EZRA B. TAYLOR. They may. The SPEAKER. The question is on agreeing to the substitute pro­ Mr. LANSING. I believe the enactment of this law is in the in­ posed by the committee. terest of the lawyers. I believe if you go into court with this system, The sub ~ titute was adopted. with the judge between a question he can speak on and one he can not, The bill as amended was ordered to be engrossed and read a third time; you will have appeals in every case coming before the court. If I were and being engrossed, it was aecordingly read the third time, and passed. to characterize it, it is an act to increase litigation. Mr. HENDERSON, of North Carolina, moved to reconsider the vote Mr. BUCKALEW. The law now is that where a judge attempts to by which the bill was passed; and also moved that the motion to re­ instruct a jury on a question of fact it is error, and may be reversed. consider be laid on the table. Mr. EZRA B. TAYLOR. I am willing to yield to the gentleman The latter motion was agreed to. from Pennsylvania'if he will state the time he needs, but I do not wish UNITED STATES COURTS, SOUTHERN DISTRICT OF ALABAMA. the whole hour to be taken up in this discussion. Mr. BUCKALEW. I do not ordinarily speak for the mere purpose Mr. EZRA B. TAYLOR. I now yield to my colleague on the com• of speaking. I shall only want three or four minutes. mit.tee, Judge REED. "'· Mr. EZRA B. TAYLOR. I will yield to the-gentleman from Penn­ ?tlr. REED, of Iowa. I call up, by instruction of the Committee on sylvania. :five minutes if he wants the time. the Judiciary, the bill (H. R. 75) to :fix the regular terms of the circuit Mr. BUCKALEW. l\fr. Speaker, in my own Sfiate we have no ruffi­ and district courts of the southern district of Alabama. culty upon the question to which this bill is directed. One result of its The bill was read, as follows: passage, however, will be that the rule which applies to the instructions Be it enacted, etc., That the regular terms of the circuit and district conrts of the United States for the southern district of Alabama shall beheld annually on of the judges in my State will not be the rule in the Supreme Court of the fourth Monday in November and the first Monday in May, at the city of the United States. l\lobile, in said district. . l\Ir. HOPKINS. Nor in the Federal courts. The bill was ordered to be engrossed and read a third time; and Mr. BUCKALEW. Nor in the Federal courts of the United States. being engrossed, it was accordingly read the third time, and passed. / Another inevitable resu1 twill be questions constantly arising by coun- Mr. REED, of Iowa, moved to reconsider the vote by which the bill .I' sel as to whether the judge, in stating the facts of the case to the jury, was passed; and also moved that the motion to reconsider be laitl on bas not indicated an opinion; and I take it, sir, that instead of decreas­ the table. ing litigation the inevitable effect of such a measure as this will be to The latter motion was agreed to. inaugurate and increase it. I can conceive of no reason-and I am speaking of my own State now CASES BEFORE THE COURT OF CLAIMS. and the trial of causes in our courts and the practice of the courts of Mr. REED, of Iowa. I now call up the bill (H. R. 70·14) to amend that State-I can conceive of no reason for the passage of an act of Con­ section 707 of the Revised Statutes. gress like that pow proposed, except to emancipate the bar from the The bill was read, as follows: reasonable, Ifecessary, and proper control of the judges over litigation Be it enact.ed, etc., That section 707 of the ltevised Stat.utes be, and the sa.me in our courts. The reasonable, judicious, and intelligent charge before hereby is, amended by adding thereto, at the e!ld thereof, the following proviso: "Provided, however, That where, in cases pending in the said Court of Cla.ims a court upon the facts is necessary to control and give direction to the in which the sum in controversy is less than ~.000, it shall appear from the affi­ action of juries. Why should a lawyer, a powerful advocate, a man davit of the plaintiff, or otherwise, that the decision of the court will affect a who can play upon human passions, be permitted, as constantly is the class of cases or furnish a. precedent for the future action of any Executive De­ partment of the Government in the adjustment of a class of case;i, an appeal case in our courts, to pour into the jury-box powerful, impressive, elo­ may be allowed to the Supreme Court. on behaU of the plaintiff, without regard quent harangues in regard to the testimony, unless it is placed within to the amount involved, in the manner now allowed by law." the power of the judge, or even sometimes made his duty, to correct it The committee recommend the adoption of the following amend­ ... by a lucid present.ation of the facts? And that is what is embodied in ment: the ordinary charge. : Strike out, in lines 8 and 9, "from the affidavit of the plaintiff" and insert "to Mr. REED, of Iowa. But there is nothing in this act which would the satisfaction of the court by competent evidence_. " prevent the judge from doing that. The amendment was adopted. Mr. BUCKALEW. Speaking from experience in my own State and The bill as amended was ordered to be engrossed and read a third time; looking at the probable consequences to flow from this change, I am and being engrossed, itwas accordingly read the third time, andpassed. opposed to this bill. Mr. REED, of Iowai moved to reconsider the vote by which the bill llr. BRECKINRIDGE, of Kentucky. Will the gentleman permit was passed; and also moved that the motion to reconsider be laid on a. question? the table. Mr. BUCKALEW. Certainly. The latter motion was agreed to. Mr. BRECKINRIDGE, of Kentucky. Does not the argument of the gentleman simply mean that the judge may have the concluding · SALE OF LAND IN BIBB COUNTY, GEORGIA. speech, if he thinks proper, against the counsel on the other side? Mr. EZRA B. TAYLOR. I now yield to the gentleman from Geor­ [ I .. aughter.] gia [Mr. STEW ART]. Mr. BUCKALEW. I stated in the outset of the discussion of this Mr. STEWART, of Georgia. Mr. Speaker, by imitruction of the Com-

.· I

I. 2854. CONGRESSIONAL RECORD-HOUSE. MARCH 31,

mittee on Judiciary, I call up for present consideration the bill (H. R. purposes. But they have prepn.red and herewith submit a substitute, and rec­ 3971) to make valid a deed to a certain tract of land in Bibb County, ommend its passage, and that the original bill lie upon the table. Georgia, made and delivered by Brig. Gen. David Tilson, acting assist­ Mr. HOPKINS. I want to ask the gentleman in charge of the bill

I \ ant commissioner of the Freedman's Bureau, to Samuel I. Gustin, his a question. Does the substitute provide that the Federal practice shall heirs and assigns. conform to the State practice? The bill was read, ns follows: Mr. CASWELL. It does not. Mr. Speaker, the substitute in that B e it enacted, etc., That the title conveyed by deed from David Tilson, briga­ respect differs from the original bill. The committee thought that they dier-general of volunteers and acting assistant commissioner of the Freedman's would make it so that only when requested the judge should charge the Bureau, on the 27th day of April, 1866, to Samuel L Gustin, of the county of Bibb, State of Georgia, to 4 acre.~ 1 rood and 10 perches of 11md situated in said jury in writing, but that the request should be made before the argu­ county and State, being a. pa.rt of the 20-acre lot of No. 8 in the Ma.con Re­ ment begins. In offering this substitute it was believed that in a great serve, west of the Ocmulgee River, and further known as a part of that por­ many cases of small account the request would not be made; but in im­ ·- tion of said lot which H.I.Pet~rsandJacobRusselldeeded to Samuel P.Moore in his capaci\y of surgeon-general of the Confederate States, is hereby con­ portant cases, involving land titles and many other important trials, firmed to, and whatever right or interest which the United States may be sup­ it was thought that if either side should make a request that the charge posed to have in sa.id described tract of land is hereby granted and releasen to, should be made in writing, in order that there should be no question the said Samuel I. Gustin, his heirs or assi~s. SEc. 2. That all Jaws and parts of laws militating agaim1t this act be, and the in settling the bill of exceptions, they should have the right, whether same are hereby, repealed. that conforms to the practice of the State courts or not. Mr. HOLMAN. Ls there a report accompanying this? Ifso, I ask They are! as a general rule, all over the country requiring in all the that it be read. State courts that these cbargesshall bemadein writing; and we simply l\Ir. STEWART, of Georgia. I can make a brief statement which permit it in Federal practice when one of the parties shall make a re­ will show the facts. quest before the argument begins that they shall be entitled to have This property was claimed by the Confederate States and was con­ the charge in writing. veyed by the surgeon-general. At the close of the war it was confis­ Mr. HOPKINS. Mr. Speaker, I do not desire to antagonize the Com­ cated and sold and the money was covered into the Treasury. General mittee on the Judiciary on all proposed legislation here to-day by this Tilson, then in command, made a deed of it, and the question arose as committee, but it does seem to me that some of these bills that are be­ to bis authority to make said deed. This is simply to validate the title ing offered for consideration by the House are remarkable in character made by him without any special statute. in the proposed changes in Federal practice. The bill was ordered to be engrossed and read a third time; and being Now, I think the experience of disinterested persons is that the prac­ engrossed, it was accordingly read the third time, and passed. tice of the Federal court for one hundred years is such that no serious Mr. STEWART, of Goorgia, moved to reconsider the vote by which trouble has come of judges having the power that they now exercise the bill was passed; and also moved that the motion to reconsider be under existing law. For example-- laid on the table. Mr. CASWELL. If the gentleman wishes t-0 make a detailed argu­ The latter motion was agreed to. ment, I believe I shall have to ask him how much time he wants. Mr. HOPKINS. I do not intend to make a detailed argument. I MESSAGE FROM THE PRESIDENT. just want to say a word or two. A message was received from the President, by Mr. PRUDE~, one of Now, upon the question of judges commentin_g on the evidence in his secretaries, who also announced approval of acts of the following the charge to the jury. One of the gentlemen bas said that the juror titles: is as capable of passing upon the facts as the judge himself. I con­ On the 27th instant: trovert that statement, and I controvert it by the experience of every An act (H. R. 417) for the erection of a public building at Houlton, man who has had any considerable practice in the trial of jury cases. Me.; They are selected from various avocations in life, with no experience An act (H. R. 3592) granting a pension to Mrs. Anna Butterfield; and in the examination of evidence to determine what is material and what An act ( H. R. 5751) to increase the pension of Isaac Endaly. is not in the written pleadings of the case. It often requires the skill On the 28th instant: and the ability of the learned judge who sits upon the bench to a.id An act (H. R. 346) to ext.end ''An act to grant the right of way to the jury in eliminating the chaff that has been dragged in during the the Kansas City and Pacific Railroad Company through the Indian progress of the trial in evidence from the real wheat or material point Territory, and for other purposes.'' that is to be passed upon by them. Now, by the bill that has passed On the 29th instant: that is substantially taken from the judge. An act (H. R. 6099) granting an increase of pension to Elmer A. Snow. l\Ir. CASWELL. I can not yield to the gentleman to discuss a bill JUDGES OF UNITED STATES COURTS TO REDUCE CHARGES TO WRITING. that bas passed. i Mr. EZRA B. TAYLOR. I now yield to the gentleman from Wis­ Mr. HOPKINS. :But I have the floor. consin [Mr. CASWELL]. The SPEAKER. The gentleman from Wisconsin has the :floor. ,. Mr. CASWELL. I call up for consideration the bill (H. R. 530) to Mr. HOPKINS. Well, one minute, then. I want to say a word require the United States circuit and district judges to instruct the about the bill under consideration. The Judiciary Committee propose jury in writing in certain cases and substitute thereto, both of which to require the judge to reduce his instructions to the jury to writing. I send to the Clerk's desk. Take the Federal judiciary at Chicago and New York City, or in any of The SPEAKER. The Clerk will read the bill and then the substi­ those great commercial centers, and this imposes a burden upon those tute. judges that ought not to be placed upon them. The amount of work The bill was read, as follows: that they do is simply tremendous in its character. Now, by the aid Be it enacted, etc., That in all States wherein by the Jaws thereof judges of of short-hand reporters, that every lawyer has in his office, all par­ courts of record are required to reduce charges and instructions to juries to ties engaged in litigation can have the opinion of the judge taken in writing judges of the district and circuit courts of the United States shall con­ short-hand, and no trouble whatever will arise in settling a bill of ex­ form to such practice, o.nd such written instructions shall be taken by the jury on their retirement, returned with their verdict, and retained with the files and ceptions; but if the judge is compelled on the request of a lawyer to be a part of the record in each case. write out his opinion before it is delivered to the jury it frequently The substitute, the bill (H. R. 8240) to require the United States cir­ will delay the trial of the case and will impose an extra amount of cuit and district judges to instruct the jury in writing when requested, work upon him that is not only unnecessary, but uncalled for in the was read,~ follows: interest of justice. Be it enacted etc., That judges of the United States circuit, district, and Terri­ Now, it seems to me that that requirement ought not to be made, torial courts snall,1 when so requested, previous to the commencement of the ar­ especially in these days when every lawyer can have a short-hand re­ gument before the jury, reduce their charge to the jury in writing; and such porter at his command, so that the opinion of the judge can be taken charge shall be filed with and become a pa.rt of the record in the case. down exactly as it is delivered. Mr. HOPKINS. I call for the reading of the report of the commit­ Mr. CASWELL. Mr. Speaker, I call for a vote. tee on that bill. Mr. HENDERSON, of Iowa. I wish to ask the gentleman [Mr. The SPEAKER. Does the gentleman desire it read in his time? CASWELL] whether this bill requires the Federal judges to give their Mr. HOPKINS. No, sir; I desire it read for the information of the instructions to the jury in writing. House, so that we may know what is being done. Mr. CASWELL. It does, when the request is made before the argu­ Mr. DOCKERY. Take the floor and have it read. ment. begins. l\Ir. HOPKINS. I will take the floor and have it read in my time. Mr. HENDERSON, of Iowa. Does it make that requirement with­ The SPEAKER. Does the gentleman from Wisconsin yield? out providing for stenographers or reporters? Mr. CASWELL. I will yield for that, but I do not think it will ltlr. CASWELL. It makes no reference to reporters. afford much information. Mr. HENDERSON, of Iowa. I think that requirement would im- Mr. HOPKINS. I may want to take some time in the discussion of pose an excessive tax upon the judges. the bill. A M.E1'IBER. The State judges do it. The report was read, as follows: . Mr. HENDERSON, of Iowa. Yes; but they have reporrers. The Committee on the Judiciary, to whom was referred the bill to requite the Mr. HOPKINS. Suppose a cranky lawyer gets into court; he can United States circuit a.nd district judges to instruct the jury in writing when re­ quested, submit the following report: compel the judge, in any trivial case, to reduce his opinion to writin~. The committee have carefully considered this bill and approve its objects and Mr. MORROW. Will the gentleman in charge of this bill permit

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1.1890. CONGRESSIONAL RECQRD-HOUSE. 2855

me a snggestion? It seems to me that when this bill was befbre the action thereon, looking to the removal of the discrimination, be taken by Con­ gress during its present session, if practicable. House on a former occasion there was a proposition that the instructions BENJ. HARRISON. given to the jury might be takendown by short-hand reporters, and I EXECUTIVE MANSION, think there was at that time some suggestion of a compromise or an Washington, March 31, 1890. amendment which would provide for that method of procedure. :MESSAGE FROM THE S~ATE. Mr. CASWELL. That may be; but there is no such bill pending A message from the Senate, by Mr. McCooK, its Secretary, announced . before the House now. the passage of bills of the following titles; in which the concurrence of Mr. MORROW. Well, the gentleman must seethatinconrtswhere the House was requested: the business is pressing this requirement would very materially retard A .bill (S. 2716) toprovide for the completion of the improvement of the business of the court. the entrance to Galveston Harbor, Texas; Mr. CASWELL. I can see that where there are short-hand reporters A bill (S. 1571) to provide for the erection of a public building in employed it will greatly faeilitate the business; but the Federal courts the city of Grand Forks, N. Dak.; do not, as a rule, have short-hand reporters attached to them. A bill (S. 1631) making appropriations for improving the St. Mary's Mr. .MORROW. They al ways have them in the United States courts River and for improving the Hay Lake Channel; in California.. A bill (S. 1024) conferring jurisdiction upon the Court of Claims to Mr. CASWELL. Even where a short-hand reporter was employed :finally determine the claims of John J. Schillinger and bis assignees the proceedings would have to be suspended until he could ba.ve time for the use of the Schillinger patent in the Capitol grounds; to write out bis notes in long-hand, so that they could be understood. A bill (S. 321) providing for the purchase of the Capron collection Mr. MORROW. The short-hand reporter fakes down the proceed­ of Japanese works of art; and '• ing~, the charge of the court, and the exceptions of the attorneys as A bill (S. 316) for the relief of the legal representatives of George the ca.se proceeds, and there is no difficultywhateveringettinga state­ McDougall, deceased. ment on a motion for a new trial or a bill of exceptions. It also announced disagreement to the amendment of the House to Mr. CASWELL. There is no objection to the judge employing the the bill (S. 2406) to provide for the purchase or a site and the erec­ services of a short-hand reporter to give him his charge if he chooses to tion of a public building thereon at Atchison, in the State of Kansas; do so. asked a conference on the disagreeing votes of the two Houses, and had Mr. HOPKINS, of Illinois. But that would require the judge to appointed as conferees on the part of the Senate Mr. SPOONER, Mr. employ a short-band reporter. MORRILL, and Mr. YEST. Mr. CA.SWELL. Not nece..."8arily. If, as the gentleman from Cali­ Also, that the Senate disagreed to the amendments of the House to fornia [Mr. MORROW] states, there is a reporter attached to the court, the bill (S. 903) for the erection of a public building at Cedar Rapids, be can do this work. Iowa. asked a committee of conference thereon, and had appointed as Mr. HENDERSON, of Iowa. Why, mostof thejudgesarestarving conferees on the part of the Senate Mr. MORRILL, Mr. SPOONER, and now on their petty salaries. Mr. PASCO. Mr. EZRA B. TAYLOR. The remark of the gentleman from Wis­ Also, that the Senate disagreed to the amendment of the House to consin [Mr. CASWELL] was made in reply to the suggestion of the the bill (S. 954) authorizing the construction of a public building at gentleman from California [Mr. MORROW] thattherearereporterscon­ Burlington, Iowa, asked a conference thereon, and had appointed as nected with the courts in California. conferees on the part of the Senate Mr. SPOONER, Mr. l\IoRRILL, and Mr. CASWELL. I know there are such reporters in many of the Mr. YEST. St.ate courts, and perhaps in a few of. the Federal courts in some of the ORDER OF BUSINESS. States. I can conceive bow the employment of short-hand reporters Mr. COVERT. I rise to a parliamentary inquiry. The joint reso­ might facilitate the business in a great ma.ny cases, but in the main the lution just read at the Clerk's desk, with reference to the occupancy of committee thought it best to have this work done by the judges. Ellis Island as a site for an immigrant bureau, involves two distinct Mr. MORROW. There is no objection to securing greater accuracy propositions: one the removal of the explosives from the island and in these proceedings, but you ought to provide the means. the other an amendment of the Senate carrying an appropriation of :Mr. OATES. Gentlemen seem to overlook the fact that this bill $75, 000 for fitting up the island as the site for an immigrant bureau. I does not require the judge to write out his charge in every case, but wish to know whether that resolution can be divided so that the propo­ only in cases where one of the parties requests it. sition to remove the explosives can be passed upon at this time. I have l\1r. MORROW. And there will always be one party who will make no objection to that branch of the resolution. that request. · Mr. BOUTELLE. The resolution is an entirety. Mr. OATES. Oh, no; gentlemen who have practiced in those courts The SPEAKER. The Chair knows no way in which the resolution know that there will not be one case in fifty where surh a request will could be divided, except by unanimous consent, or hardly then. be made. Lawyers are not so unreasonable. They will not make such Mr. SPINOLA. I objoot. • a demand unless where they suspect the judge is prejudiced against Mr. COVERT. The other branch of the proposition I object to. their side of the case, a.nd then they ought to have the right to have The SPEAKER. The question is upon the motion of the gentleman his instructions put in writing. from Michigan {Mr. CUTCHEON] that the House.resolve itself into Com­ The question was takeu on agreeing to the substitute; and there· mittee of the Whole on the state of the Union for the consideration of were-ayes 123, noes l 9. the Army appropriation bill. [The question was put.] The ayes seem Mr. HOPKINS. There is no quorum, Mr. Speaker. to have it. Mr. CUTCHEON. Mr. Speaker, would it be in order move that to UNITED STATES JUDGES TO REDUCE THEIR CHARGES TO WRITING. the House resolve itself into Committee of the Whole? The SPEAKER. Not pending the question of a quorum. Mr. CASWELL. I call for a division. I hope the gentleman from Mr. HOPKINS. I withdraw the point of no quorum. Michigan [Mr. CUTCHEON] will withhold bis motion for a fow minutes The SPEAKER. The point of no quorum is withdrawn and the sub­ until we can dispose of the bill which was pending from the Committee stitute is agreed to. on the Judiciary. ORDER OF BUSINESS. Mr. CUTCHEON. At the request of the gentleman from Wisconsin [Mr. CASWELL], I will withdraw my motion for a few moments, with • 1\Ir. CUTCHEON. Mr. Speaker, I move that the House resolve leave of the House, in order that the pending bill may be finished. itself into Committee of the Whole for the further consideration of the Mr. EZRA B. TAYLOR. Gentlemen have withdrawn their objec­ bill (H. R. 7619) making appropriations for the support of the Army. tion to its passage. Mr. BOUTELLE. Before that question is put, Mr. Speaker, I ask The SPEAKER. The substitute having been agreed to, the ques­ the gentleman to yield to me that I may ask unanimous consent for tion is now upon ordering the bill as amended to be engrossed and read the consideration of an important resolution which I send to the desk. a third time. The title of the resolution was read, as follows: The bill was ordered to be engrossed and read a. third time; and be· Joint resolution (H. Res.125) authorizing the Secret&ryofthe Navy to remove ing engrossed, it was accordingly read the third time, and passed. the naval magazine from Ellis Island, in New York: Harbor, and to purchase Mr. CASWELL moved to reconsider the vote by which the bill was of' ·_ ' .. a slte and erect a naval magazine at some other point, and for other purposei;i. passed; and also moved.that the motion to reconsider be laid on the ta­ Jlifr. COVERT. I object, Mr. Speaker. ble. Mr. BOUTELLE. Why, I understood it was the unanimous desire The latter motion wa.s agreed to. of the gentleman's committee to have t.his resolution passed. NATURALIZATION OF NAVAL RECRUITS. .· Mr. COVERT. No, sir. Mr. EZRA B. TAYLOR. I now yield to the gentleman from New MESSAGE FROM THE PRESIDENT. Jersey [Mr. BUCHANAN]. The SPEAKER laid before the House the following message from Mr. BUCHANAN, of New Jersey. I desire to call up House bill the President; which was read, and referred to the Committee on Ways No. 8104. with the understanding-- and Means: Mr. CUTCHEON. How much time will it occupy? Mr. BUCHANAN, of New Jersey. I will finish my statement ina To the Senate an.d House of Repreaent.atitJes: I herewith transmit a. report from the Secretary of State in relation to the dis­ moment. With the understanding that the committee shall have the criminating duty now imposed upon foreign works of art, tlild recommend that call to-morrow-- - ..

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. : 2856 OONGRESSIONAL RECORD-HOUSE. MARCH 31,

The SPEAKER. The gentleman will send up the bill to the Clerk's for the practice of a. considerable garrison, but alao for department, divisionii and army competitions. It is moreover probable that increased demands wi desk to be read. be ma.de upon it by the impossibility of securing suitable ranges a.t other posts· The Clerk read as follows : The estim~te is as follows: A bill (H. R. 8104) to amend section 2166, Revised Statutes orthe Unit.ed States. Fort Sheridan rifle-range: For the construction of a range house, visitors' Mr. BUCH.A.NAN, of New Jersey (before the reading of the bill stand, and other buildings necessary to properly equip the rifle-range at Fort wa.s ccnclnded). To save time, I will ask that the bill, with the sub­ Sheridan, Ill., Sl0,000. stitute and the report, be printed in the .RECORD, so that they will The committee did not incorporate this recommendation in the bill come up in the morning; and then I understand the gentleman from because there were so many urgent matters, and as we did not desire :Michigan (Mr. CUTCHEON) desires t.o renew his motion. to swell the bill unduly we thought this item could probably wait un­ The SPEAKER. Without objection, the further reading of the bill til the next sessicn of Congress. I know of no strenuous objection to will be dispensed with, and the bill with the amendment and report the incorporation of the item, except that the committee thought it will be printed in the RECORD. Is there objection? The Chair hears might wait until the next session. none. Mr. ADA.MS. On that point the gentleman will allow me to say it The bill is as follows: is especially important that this appropriation should be made i::pw be­ Be it enacted, etc., That section 2166 of the Revised Statutes of the United States cause other work is going forward now at Fort Sheridan which would be, and the same is hereby, amended by insertin~ therein immediately after the render this money much more available at present than ne:t.t year. word ••armies" the word "Navy;" so that the section will read: "SEC. 2166. Any a.lien or the age of twenty-one years and upward who has The expenditure would go further. Excavation for building purposes enlisted, or may enlist, in the armies or Navy of the Unit.ad States, either the is now going on, and the dike against which the shooting is to be had regular or the volunteer forces, and has been, or may be hereafter, honorably can be made out of the earth now being excavated. There is economy discharged, shall be admitted to become a citizen of the United States upon his • I petition. wit-bout any previous declaration of his intention to become such; and in making the appropriations this year rather than next. he shall not be required to prove more than one year's residence within the Mr. CUTCHEON. This is an important military post adjacent to United States previous to bis application to become such citizen; and the court Detroit. I have no authority from the committee to accept the amend­ admitting such alien shnl l, in addition to such proof of residence and good moral character, as now provided by law, be satisfied by competent proof of such ment. I know of no positive opposition to it. As Chicago is to have person's having been honorably discharged from the service of the United the world's fair in a couple of years perhaps it would be well to have States." this rifle range. The amendment of the committee is to strike out all after the enact­ Mr. HOPKINS. I hope there will be no objections to this item. As ing clause and insert the following: stated, the work going on there now makes it economy to allow this That the provisions and benefits of section 2166 of the Revised Statutes of the in the present bill. United States be, a.•d they a.re hereby, extended to those who enlisted in the Mr. CUTCHEON. I submit to the judgment of the committee. Navy of the United States prior to the 1st day of May, 1865, and who have been honorably discharged therefrom. 11-Ir. ADAMs's amendment was agreed to. l\Ir. COVERT. I offer the following amendment. The report (by Mr. BUCHANAN, of New Jersey) is as follows: The Clerk read as follows: The Committee on the .Judiciary, to whom was referred the bill (H. R. 8104) to amend section 2166, Revised Statutes of the United States, submit the follow­ On page 21, at the end ofiine 7, insert the following: ing report: "Provided, That in the conduct of ordnance. rifle, or target practice attheposi Section 2166 of the Revised Statutes of the United States was originally passed or depot at Willet's Point, New York, suchpracLicesha.11 be so conducted as not in 1862 (see a.ct of .July 17, 1862, chapter 200, section 12, page 597). A c.opy of that to jeopar?ize or in an~ way injuriously affect the safety of persons or property a.ct as embodied in the Revised Statutes is hereto appended. lawfully m or upon Little Neck Bay or upon the shores of or lands adjacent The object of that a.ct, passed in the earlier years of the Jate civil war, was to said bay. And that if said practice be_continued at sa.idpost it be conducted undoubtedly to confer upon those who in that war c:mHsted in the Union forces under such regulations or orders of the Secretary of War as shall prevent in­ and were honorably discharged therefrom the privilege of becoming more jury or jeopardy to such persons and property." rea.diJy naturalized citizens of the country whose Government they had given their services to uphold and offered their lives to defend. :Mr. CUTCHEON. I reserve the point of order. Lt has recently been held by the judges of some of the State courts that the Mr. COVERT. Mr. Chairman, Willet's Point, occupied as an army terms of the act do not include those who served in the Navy. To remedy this post, is located on the shore of Little Neck Bay and is distant only technical defect. and to give to those who during the late war served in the NMry of the United States the benefit of this act, the committee recommend that the some dozen miles from New York City. The bay is au important and accompanying amendment be adopted, and that when so amended the bill do much-used body of water. Its shores are dotted with beautiful sub· pus. urban homes, and it is in every way one of the most attractive locali· ties within equal distance of the great metropolis. At the fort estab­ APPENDIX. lished here rifle practice under gl)vernmental regulations is conducted "SEC. 2166. Any alien of the age of twenty-one years and upwards who bas generally from early in April late in October every' year. This prac­ en listed, or may enlist in the armies of the United States, either the regular or the to volunteer forces, and has been, or may be hereafter, honorably discharged, shall tice continues every week-day from about 7 in the morning to 4 in the be admitted to become a citizen of the United Sta.t~s upon bis petition, without afternoon, the range covering Little N eek :Hay. any previous declaration of his int.ention to become such; and he shall not be required to prove more than one yea.r's residence within the United States previ­ Raw recruits are almost constantly drilled here in this practice, and ous to his a.ppl ica.tion to become such citizen; and the court admitting such alien the rifle-balls in many instances go very far from the breastworks, mak· shall, in addition to such proof of residence and good moral character, as now ing it extremely hazardous for any one to venture out upon the bay • provided by law, be satisfied by competent proof of such person's having been honorably discharged from the service of the Uuited States." while the firing is going on. So dangerous has the practice grown that the bay is rendered useless to very great extent for boating and bathing ARMY APPROPRIATION BILL. purposes. The natural advantages which induced many well known Mr. CUTCHEON. I now renew my motion that the House resolve gentlemen of taste and means to establish homes at this point and to itself into Committee of the Whole on the state of the Union for the expend thousands of dollars in beautifying them, have been to great purpose of considering the Army appropriation bill. extent offset by this practical disbarment of the benefit and enjoyment The motion was agreed to. of the bav. The Hou.'5e accordingly resolved itself into Committee of the Whole Mr. CUTCHEON. Will the gentleman from New York permit a on the state of the Union (Mr. ALLEN, of Michigan, in the chair), and question? resumed the consideration of the bill (H. R. 7619) making appropria­ Mr. COVERT. With gre.at pleasure. tions for the support of the Army for the fiscal year endlng June 30, Mr. CUTCHEON. Have any fatal casualties occurred at this point? 1891, and for other purposes. Mr. COVERT. Fortunately not as yet, I am most glad to say. The CHAIRMAN. The pending question is upon an amendment While no fatal accidents have thus far happened, it is by no means an offered on Saturday last by the gentleman from Illinois [Mr. ADAMS], unusual occurrence to have balls from the fort whistle by in the near which the Clerk will read. neighborhood of those venturesome enough to be upon the water dur­ The Clerk read as follows: ing the hours ofpractice. An instance has been brought to my atten­ Add at the bottom of page 17 the following: "For rifle-range at Fort Sheridan, tion which illustrates the dangers of the situ:ition. Not long ago one 810,000." of the residents of Bayside was sailing in his pleasure-craft, when a Mr. ADAMS. In the Book of Estimates there is an item of $10,000 ball from the fort came tearing through the sail of his boat. It occurs for rifle-ranges generally. That item ha.s been incorporated in the bill. to me that this, in time of peace, is carrying the art of war to an ex­ After that Book of Estimates was prepared supplementary estimates treme and reprehensibly dangerous limit. were forwarded by the Secretary of War, embracing an estimate of Mr. LANHAM. Will the gentleman from New York permit a $10,000 for the new rifle-range at Fort Sheridan. This is separate and qnestion? distinct from the general appropriation. I trust that the Committee l\Ir. COVERT. Certainly, sir. on Military Affairs will have no serious objection to incorporating in Mr. LANHAM. Have any formal complaints been inade as to the -. the bill this amendment, which is recommended by the Department. dangerous character of the practice? Mr. CUTCHEON. Mr. Chairman, it is true, as stated by the gen­ Mr. COVERT. I hold in my hand duplicates of petitions just filed tleman from Illinois [Mr. ADAMS], that this item was embraced in the with the Secretary of War, numerously signed by influential gentle­ recommendation sent to the committee by the Secretary of War. It men r«>.sident in the vicinity, asking that the practice be st.opped. The will be found in Appendix A attached to the report of the committee, bay is the natural home of the saddle rock oyster and little-neck clam with this note: industry, and one of these petitions, bearing over a hundred signatures, NoTE.-This rifle-range will probably be the most important one in the Army is from baymen and those connected with the oyster and fishing indus­ and should be completely equipped in every respect. It must serve not only tries at this point. The petition sets forth the serious interference oc- 1890. CONGRESSIONAL RECORD-HOUSE. 2857

casioned to their work by this system of practice at the fort, and asks of the statutes. But I now recall that the same point of order was for its suppression. The constant and dangerous firing practically pre­ made, and on an examination of the statute, "'\fhich is before me, I find vents this large body of workers from following their calling during the that it is not in the last year's act. Therefore, if the gentleman insists / most of the working hours of every day for more than half of every upon the point of order I suppose it is good. I hope, however, that it year. will not be insisted upon, because this proposition is inserted here in I think that this practice at the Willet's Point post should be en­ the interest of economy. tirely stopped. The State of New York maintains a complete and per­ Mr. CLEMENTS. But this is an exceedingly sweeping proposition, fect range at Creedmoor, only a few miles distant, at which the Fed­ and it will not only affect purchases under the War Department, but eral soldiers frequently practice. Such arrangements should, in my in all the Departments, and will enable the officers of the Government judgment, be made as would confine practice, so far as Willet's Point to make these purchases in small amount and thereby allow collusion soldiers are concerned, to this safe and secure range. between the contractors and the Government. Therefore I feel com­ I most sincerely trust and can not but believe tha.t the War Depart­ pelled to insist upon the point of order. ment will take favorable action on the petitions filed with it. In the The CHAIRMAN. The point of order is sustained. The Clerk will event of non-action in this regard, the proposed amendment, which, I read. submit, is eminently conservative, should be operative. It simply pro­ The Clerk read as follows: vides that, if the practice can be continued, such safeguards shall be es­ For steel field-guns oC 3.20 inches caliber, $25,000. tablished by departmental regulations as shall insure the safety of per­ Mr. BREWER. Mr. Chairman, I desire to make the point of order sons and property lawfully upon the bay or in its immediate vicinity. on the clause just read. Mr. CUTCHEON. I insist on the point of order aga.inst the amend­ The CHAIRMAN. The gentleman will state the point of order. ment. Ur. CUTCHEON. I wish the gentleman from Michigan would with­ Mr. COVEil.T. Then, Mr. Chairman, I desire to be heard briefly hold the point of order until the remainder of this clause of the bill upon the point of order. is read. It occurs to me that this comes clearly and plainly within the rule Mr. BREWER. I will do that with the understanding that I shall .. which was established by the Chair on Saturday, when a kindred pro­ be permitteJ to embrace them all in one point of order. vision was under discussion. There is no legislation existing with ref­ Mr. CUTCHEON. There are several other provisions immediately erence to rifle practice. At Fort Willet there is absolutely no statu­ following to which the same point of order would apply. tory provision prescribing that that practice shall be had at that point. Mr. BREWER. Very well; let them all be read. There is no statutory law existing, so far as I am advised, as to the The CHAIRMAN. The Chair understands the point of order of the measure, which is entirely under the control and jurisdiction of the gent.leman to be reserved on that portion of the bill just read, embrac­ Secretary of War. It seems to me, therefore, that this proposition is en­ ing lines 19 and 20 and the two following clauses. tirely germane to the bill and is within the scope and limit of the rule Mr. BREWER. That point of order is reserved for ~he present, established by the Chair on Saturday. That being the case, believing The CHA.IBM.AN. The Clerk will read. such to be the fact, I submit that the amendment is not subject to the The Clerk read as follows: point of order. For metallic carriages for field-gun batteries, $143,135. Mr. CUTCHEON. Mr. Chairman, there is scarcely a military post For steel shell or shrapnel for field-guns, Sl.2,000. in the United States which has not this rifle-range and rifle-practice, In all, $180.135. and yet no such provi"!ion has been incorporated anywhere in any ap­ Mr. CUTCHEON. Mr. Chairman, before the gentleman makes his propriation bill since the foundation of the Government. It seems to point of order, if he will permit me, I wish to submit a slight verbal me that it is legislation clearly and openly upon an appropriation ~ill amendment, a single word, to perfect the language of the bill which and is therefore out of order, and unless some other gentleman desires has just been read. to debate the question further I submit th~ point to the ruling of the Mr. BREWER. Very well. . ,_ Chair and ask a decision. Mr. CUTCHEON. In line 19, on page 22, after the word "twenty," The CHAIRMAN. The Chair is clearly of opinion that the amend­ I move to strike out the word "one;" so that it will read "twenty-hun­ ment is not germane. dredths," in place of ''twenty-one-hundredths,'' a.s it may be ambigu­ ---- Mr. COVERT. May I ask the Chair how this differs in principle ous in its present form. from the amendment which was offered on Saturday last and which was l\1r. BREWER. I have no objection to that. held to be in order? The amendment was adopted. The CHAIRMAN. The Chair could hardly stop to give reasons as }Ir. BREWER. Mr. Chairman, my point of order against the aev­ between the ruling to-day and that of last Saturday on an entirely dif­ eral items which have just been read goes to the question of jurisdic­ ferent proposition. The Chair holds only that this is not germane to tion. We find in the Book of Estimates which is sent to the House.of the subject-matter of the bill now under consideration, and is not in Representatives, embodying the needs of the various Departments for • order. each fiscal year, that these three items just read are sent to the House The Clerk will read. under the bead of " Fortifications and coast defenses." We find it in The Clerk read as follows: the Book of Estimates under that headinp;. It never has been referred Pr()1)ided, That section 3709 oC the Revised Statutes shall not apply to the pur­ to the Committee on Military Affairs in any sense of the word. This chase ofsupplies not. exceeding in value the sum of $200. is a question of jurisdiction as between two committees upon this point, Mr. CLEMENTS. Mr. Chairman, I make the point of order against and this question has been raised on several different occasions. the proviso just read, lines 12, 13, 14, and 15. I make the point of order During the first session of the Fiftieth Congress when the general ! that this is new legislation. appropriation bill for the Army was under consideration it was pre­ Mr. CUTCHEON. I think the gentleman is mistaken. sented and very thoroughly discussed and decided, so far as the various Mr. CLEMENTS. I am sure the gentleman from Michigan will find, points of order then under discussion were concerned, in favor of the if be has the law of last year before him, that I am not mistaken, but jurisdiction of the Committee on Appropriations, and not in favor ot that the statement I have made is absolutely correct. the Committee on l\Iilitary Affairs. A provision exactly similar to this was contained in the last year's Mr. LANHAM. Were these three items, if the gentleman will per­ appropriation bill, and was stricken out on the point of order. It is a mit me, involved in that discussion? modification of the Revised Statutes or section which has just been Mr. BREWER. Some of them were involved. Items precisely like named, and which requires all purchases to be made after due adver­ these now under consideration were then under discussion. So far as tisement and proposal, except in cases of emergency, where immediate the first item is concerned- delivery was required. This proviso undertakes t-0 amend that section For steel for field-guns of 3.20 inches caliber, 925,000- of the Revised Statutes, and, as I have said, was ruled out last year on the point of order. the steel for making those guns was then under consideration and dis­ Mi. CUTCHEON. Mr. Chairman, I think the gentleman is correct cussion. The point of order was made upon that by the gentleman in regard to that. It was reported in the last year's bill, with the who is now the chairman of the Committee on Military Affairs [l\1r. reasons for it. It is recommended by the Secretary of War and is CUTCHEON], and I call the attention of the House to the ruling then made after the discussion which took place, and which is found in the also de ired by the Chief of Ordnance. It i~ believed to be economical and good legislation. I think the gentleman, however, from Georgia RECORD of the session of January 19, 1889, on pages 1007 and 1008. is correct in bis statement that a similar provision was stricken out of Now, this is the question which was involved: For the pur(}hase of steel forgings for field and siege cannon, a.s follows: wt year's bill on the point of order. I hope, however, that the point For steel forging for not less than twenty-four 3.6-inch field-guns, &24,000. of orner here will be withdrawn~ because in making small purchases they can be made more economically in open market than by adver­ This was the steel for the- co!lstruction of the guns in question. tisement. Upon that occasion the following discussion took place: Mr. CUTCBEON. Upon that part oC the paragraph in the following words- Mr. SAYERS. I understood the gentleman from Michigan in charge " For steel forgings for not. less than twenty-four 3.6 inch field-guns, $24,000 "­ of this bill to state on last Saturday that this very same provision was I make the point of order, the same point. .that was made by the gentleman in the law of wt year. from Illinois on the preceding paragraph; but I shall not take any time to dis• cuss it, only to say that this relates expressly to field-guns for field batteries of Mr. CUTCHEON. It was my impression at that time, but I ~hink the Army. I was guided rather by the report of last year than by an examination Mr. SAY.EBS. Under the head of" Armament for fortifications," page liO of the ..

2858 CONGRESSIONAL RECORD-HOUSE. liAROH 31,

' Book of Estimat~. the Chair will find that. clause is embraced providing for An examination of the fortifications appropriation acts from 1870 to ~~iI/~rro~rJ~~~~~!~mt::dfiiC:~t~~!~~1 ~f1ih:·c{!~10ngs to the arma- 1886 discloses that appropriations were ma-Oe from year to year for pur- Mr. TOWNSHEND. The Chair will observe that the caption of these estimates chase of machine guns, for howitzers for flank defense, carriages, pro­ .. is entitled "Forti.fl.cations and other works of defense," and this is only one of jectiles, and ammunition . the minor items under that caption. I th fi tifi ti t d d · th fi t · f th Fift' th ' Mr. CUTCHEO.N. I would like to be heard further just one moment, and I will n e or ca on ac passe urrng e rs session O e ie not take more than a minute. I simply want to call the attention of the Chair Congress appropriations were made for steel forgings for field and siege and of the gentleman from Texas also to the estimates under the head of "Arm- cannon and for ammunition for the same. ament of fortifications," to which he refers. We have first for finishing and as- Th first ifi · ti 1i t l 'fl d fi ld d · sembling guns untter section 4 of the act heretofore passed providing for such e . s.pec c appro~n~ on or '3 ec n e e gun~ was ma em purchase, and next is the man ufactu.re of approved field and siege guns and their the fort1fica tions appropnat10n act passed at the first session of the last carriages; in 0th.er words, sie~e guns are guns for for~ifications 1 '!Y1.1ile field guns Congress. Twenty-five such field guns were in process of manufact- t !'re guns for use m the Army m tbe fi4:ld; and t.here 18 no possibility of mist~k-1 ure at the Watervliet arsenal prior to the passaO'e of the above-men- mg that, and they are not separated m thE'I estimates. But I make the pomt . . . o . against that paragraph which relates to the manufacture of field guns only at tioned act, but the expense of their construction was hemg defraye.d the present time. . . . from proceeds of sales of obsolete and unserviceable ordnance material, Mr. R~ALL. I only desm~ to say that an exa.mmation of the law passed at authorized by the act of 1876 (Supplement Revised Statute..'! nnge the last sess1on of Congress will show that the same chara.ctero:£ armament was ) · ' r- provided for in that bill. Hence the precedent has been set and jurisdiction is 159• es~blished. I have m~rked the. paragraphs of the bill and of the estima~es, The division of appropriations for the support of the Government which I send to the Chair, ~nd ~hlDk th~re ca.n be no controversy on that pomt. into different bills and the nomenclature of such bills were never recog- The CllA.IRJIA.N. The Chair will examme them. . · . . . Mr. RANDALL. r think gentlemen will admit that, as this is the langWlge of mzed hy any rule or action of the House until the adoption of the rules the law, it establisheis the jurisdiction. because, as will l>e seen, the language at the first session of the Forty-ninth Congress, when the jurisdiction the~e refers to field guns of exa~tly the sa~e character: . of appropriations was divided between several committees At that Tne CHAIRMAN (Mr. BLOUNT m the chair). The Chair has exam.med the au- . . . . • • thorities cited and overrules the point oforder. time, and by the rules, the several appropnation bills as they exISted The Clerk will read. in the preceding Congrf'.SS were recognized bv their titles. ?i~~~!~~~:=~~fesl;!~i.::~tal guns procured under the act of September 22, During the first forty years of our history the g~neral ap_Propriations 1888 namely, for one 10-inch wire-woundgun steel $28000; foroneJ.2.inchgun for the support of the Government were m:lde m one bill. As the steel-hooped, $39,500; for procurin~ one 10-i'och disappearin~ ~un carriage: country grew and the objects of public expenditure increased in num­ Sl.3,500; for gun-platforms a.t.proving-groun~, $6,500: for proJectiles for field, ber and amount the committee having control of all the appropria- siege, and seacoast guns for issue to the service. $28,500; for siege-gun powder . ' . . . for issue to the service, $7,000; for fuses and implements for issue to the service, tion.s from year ~o yea~ se~regated. them mto different bills for con­ $2 oco; in all, $125,000." . . veruence of consideration m comnnttee and by the House. The forti- Mr. CUTcHEo.N. Mr. Ohauman, I mak~ t~e pomt of order upon so much of fications bill was one of the first distinctive bills thus created the paragraph Just read a.s embraces projectiles for field guns. I find by a. ref- . . . . • . ." . erence to the report of the committee, on page 3, that under the head of "Pro- In making t!iis d1vis1on of the whole work of appropnations mto jecti1es" the following provision is made: separate and distinct bills the rules governing the committee at the "One thousand stt;el shrapnel for fi~ld ~uns. . time are quite apparent now by an examination of the several appro- "Four thousand eight hundred projectiles, cast-iron, for field guns." . . l . . Now, sir, if it is compt>t.ent for the Committee on ;A.ppropriations to provide pnation aws and the annual. es~tes f~r a series of years. . shrapnel for. field gu!18, it is also clearly proper an~ m order for them to under- In the case of the Army bill it lS manifest that the comnuttee, fol· take to furnish cartridges fo! t?e .m!lskets of the mfantry, and therefore th~y lowinO' the lines laid down in the annual estimates and the logic of had better take control andJur1sd1ction of the whole matter. In the army bill i:. d . . . . we have 8400,000 provided for the manufacture of small-arms, but if this Com- what see me to be the natural elements of such a distinctive bill, con- mittee on Appropriations are going to assume the whole thing, why, we had fined it almost exclusively to appropriations for the pay, subsistence, ju~h~R°':~f~~: tf!~i:it that the Committee on Appropriations is assuming clo~hing, qnartermast.er ~upplies, and transporta~?n of the Army, and nothing at nll. We ba-ve only been asserting our ri.,.hts and doin"' what we for its ordnance supplies m the nature of ammuruhon and small-arms. have always done under the law. . ., .. Even permanent structures at, and enlargement of, military posts, ex- :Mr. CuTo!£EO~. When it comes to providing shrapnel for fie~d guns, why cept in rare instances have been treated as out of place on the Army .. - then you Ill1ght JUSt as well take the whole Army under your wmg at once. . d b ' ...... l\lr. BuoKANA.N. Will not the gentleman from Michigan allow us to go on b~lls, an have een almost umformly provided for m the sundry c1v1l a.nd get this little miserable amount for .o~ st:a~ast de~enses, ai:id not seek to bill on the well accepted theory that they belonged to the class of ap­ :risk ev.en tJ;iat amount by rescuing the rurisd1ct1on of his committee, scrap by propria tions known as '' public works.'' On the other hand, the money 10 scrap,Mr. CUTOHEON.thl.8 manner? I do not mea.n to sit here in silence and see the jurisdiction necessary tior the repair· of build'mgs a t esWll~Ablish ed mill'tary posu::i~A an d -· of the committee of which I am a humble member seized and trampled upon for temporary buildings at frontier posts has been appropriated in the without protest l\Ir. SPINOLA. 'rt applies to gunpowder for the siege guns also. A rmy bills' as sueh expendit ures are nat urall Y trea t e d as in· the line ~. SAYERS. What is the ruling upon the point of order raised by the gentle- of current and necessary annual expenses of the Army. man from Michigan? . . Now, as I stated, Mr. Chairman, this question has been many times The OHAIR.MAN. The Chair has made no rulmg. . . before this House, and in no single instance has jurisdiction been con- Mr. SPINOLA. Before the Chair rules I find away down m the bill- fi ed th C 'tte Mill' ta A.«: · b t · 't h Mr. RA..NDALL. Wait till we ~et there. err on e ·omnu eon ry uai.rs, u m every case i as l\fr. SP_INOLA. Powde~ for siege 1?Uns: Now, whether the Committee on Ap- been conferred on the Com nil ttee on Appropriations. Under instructions pr<>priations have the right toapprop.ria~e~or.the powder~r not I donot ~now. of the House the Committee on Appropriations has placed the items in Mr. R.A.NDALL. We certainly have Jurisdiction to provide for the testing of . · h fi tifi ...... guns and we can not test them without'J>Owder and projectiles. question mt e or cations appropriation bill, which I hope will be Mr'. 8PINOLA. I do not wa_nt us to Jose our P?Wder. fLaughter.] taken up as soon as this is disposed of. It does seem to me that it is The CHAIRMAN. The Chall' overrules the pomt of oraer. useless for the Committee on Military Affairs to take the time and at- Now, Mr. Chairman, it would seem that this question of jurisdiction Itention of this committee to have a question which has been adjudi- ought to be settled. That was not the first occasion that points of order cated so many times again adjudicated and decided again to.day. had been raised upon these items or similar items to the ones in ques- 1\Ir. CUTCHEON. Mr. Chairman, the question presented here is a tion. They have always been decided in favor of the jurisdiction of very simple one: the question of jurisdiction between two committees the Committee on Appropriations. of the Honse. That jurisdiction must be determined by the rules of Now, Mr. Chairman, I desire to refer very briefly to former legisla- the House, and I think by the rules of the House alone; because I tion upon the subject of the items involved here, and to point out more think that the practice heretofore throws very little light upon this clearly the reason why the point of order now raised should be sns- question, as this is the first time we have an appropriation for this class t.ained. of light field batteries. The third subdivision of Rule XI of the rules of By reference to the Book of Estimates for the fiscal year 1891, page the House, for apportioning the subjects to the several commitees, is as 166, it will be observ¢ that the War Department submits estimates follows: for these objecta under the head of " Fortifications and other worli.s of 3. to appropriation of the revenue for the support of the Government, as herein defense.' 1 provided, namely, for legislative, executive, and judicial expenses; for sundry The estimates for the military establishment, with the consideration civilexpenses ; for fortificationsand coastdefenses; fortheDistrictofColumbia; of which the Committee on Military Affairs is charged under a rule of for pensions; and for all deficiencies : to the Committee on Appropriations. the House and thereferenceofthePresident'smessage, pages87tol01, Mr. SAYERS. Now read in that connection to the Com~ittee on contain nothing for field guns or ammunition for the same. Military Affairs. There is no rule of the Honse or statute which defines what either Mr. CUTCHEON. Just a moment. The Committee on Appropria- oneoftheregularappropriation bills shall carry. Their subject-matter, tions, if it gains jurisdiction at all, does so under the words '' appro­ if fixed by anything, is regulated only by practice. In this connection priation of the revenue * * * for fortifications and coast defenses.'' a.carefnlexaminationoftheArmy a.ppropriationactsforthepasttwenty Now we will turn to subdivision12 of the same rule. Subjects relat­ years shows that during all that period no specific appropriation was ing- made in any of them for field guns or for ammunition for the same. 12. to the military establishment and the public defense, including the appro- At the first session of the Forty-eighth Congress, in the Army appro- priations for its support and for that of the Military Academy: to the Committee priation bill for 1885, as reported from the Committee on Appropria- on Militaey Affairs. tions and passed by the House, an appropriation of $15, 000 was proposed Now, Mr. Chairman, it is a well recognized principle of legal inter­ , . for field guns and metal carriages, but the Senate, by amendment, pretation that where a general jurisdiction is conferred upon one court struck it from the bill, and the House agreed to their action, presuma.- or body, and a. less jurisdiction of the same general nature is carved out bly because the item was regarded as out of place on a bill making ap- of the larger and more general jurisdiction, the words constituting the propriations simply for the support of the Army. lesser jurisdiction m115t be strictly construed. Under subdivision 12

: . ·. ·-· 'j .....

I' . -. - , ·' ·.· 1890. CONGRESSIONAL RECORD-HOUSE. ~859

'of Rule XI, subjects relating to the military establishment and the which committee this appropriation comes. The same appropriation, 'public defense, including appropriations, go to the Committee on Mili­ I believe, without the change of a word or a ~IYffi'e, is in the other ap­ ltary Affairs, subject, however, to this clause in paragraph 3, of appro­ propriation bill. There is a well known principle of equity jurispru­ priations "for fortifications and coast defense." In other words, the dence that where two tribunals may have concurrent jurisdietion of Military Committee takes general jurisdiction of all matters relating to the same subject-matter the one getting the jurisdiction first will hold the military establishment and the public defense. Now, out of that it; and it may well be that, even if it should be the opinion of the Chair large and i:reneral jurisdiction a lesser jurisdiction is carved for the Com­ that if the other bill had come in here first containing this appropria· mittee on-Appropriations, expressed in the words, "for fortifications tion it might properly be retained in that bill, nevertheless it is also and coast defenses.'' propetly in this bill, and this is the bill which is first presented for the Now, Mr. Chairman, the question, the single question, theonly ques­ consideration of the House. So, ~I.r. Chairman, we say again that tion, is this: Does this appropriation for light steel batteries of 3.2 under the rules giving to the Committee on lffilitary Affairs jurisdic­ inch caliber come under the words ''fortifications and coast defenses?" tion of the military esliablishment and its armament, this appropria­ As bearing upon that, I desiretohavereadattheClerk'sdeskacom­ tion belongs to that committee, and no argument can be drawn from munication from the major-general commanding the Army, who is at the practice whiph has prevailed heretofore, because heretofore we have the same time the chairman of the board of ordnance and fortifications. never made an appropriation for this particular variety of field gun. The communication was read, as follows: Now, Mr. Chairman, if any other gentleman desires to add to what lI.EADQUARTERS OF THE ARMY, I have said, I will give way for that purpose. I think, however, that Washington, D. 0., March 3, 1890. I have covered the whole ground, and I am willing to submit the ques­ DEAR Sm: Jn reply to your communication of this date I have the honor to tion for the decision of the Chair...... say that the "field guns of 3.20 inch caliber," "metallic carriages for field-gun Mr. CANNON. Mr. Ch!l.irman, I want to say a word upon this, batteries/' and "shell and shrapnel for field guns" are intended for the service of light oatteries, of which there are two in each regiment of artillery, which and I will be exceedingly brief. Under cla.use 3 of Rule XI, certain .· serve with the infantry and cavalry in the field, but not in the fortifications or matters contained in the President's message were referred to the Com­ coast defenses. mittee on Appropriations, and by reference to the Book of Estimates it It wonld therefore eeem clear that everything relating to these field-gun bat­ teries belongs to the "military establishment and the public defense" in general, will be found that these precise estimates were referred specifically to 'rather than to" foriifica.tions and cos.st defenses." These last belong, not to the that committee. now existing milit&ry establishment, but to the new fortifications and armament That consideration of itself, it seems to me, ought to deter~ne the of the seacoasts, which are proposed, and which involve new methods, new ma­ terials, and large expenditures of a nature not heretofore for many yea.rs in· jurisdiction of the Committee on Appropriations and the non-jurisdic­ eluded in the appropri~tions for the military establishment, a.nd hence requiring tion of the Committee on Military Affahs. special care and supervision, both in the appropriations and in the expenditure Again, during the last Congress this precise question in principle thereof, while the former, namely, the field-gun batteries, are part of the well tried and fully established equipment of the Army, required for its current serv­ came before the Committee of the Whole time and time again; and after ice, and not involving any question as to cost, of efficiency, or of necessity to full discussion on each occasion the point of 9rder was ruled in favor the military service. of the Committee on Appropriations. Very respectfully, :I. M. SCHOFIELD, Mr. CUTCHEON. My friend will pardon me; not this precise ques­ Major-General Commanding. tion, because we did not have these field batterie.s before us. .-' Hon. B. 1\I. CUTCII:.EO!'<, Mr. -CANNON. I say a question precisely the same in principle. Chairman CommiUee 01~ Military Affairs, House of Repruentati-rea. Now, the gentleman has well said that the Army bill which we are now Mr. CUTCHEON. Now, Mr. Chairman, here we have the opinion considering carries these items to which we object, and he has well said of the major-general commanding the military establishment, who, as that the fortification bill now upon the Calendar, reported from the I have said, is also at the same time the chairman of the board of ord­ Committee on .A ppropriationa, carries among others these same items. nance and Fortifications, which has charge of all matters pertaining to So that it is a mere question of technical jurisdiction, and it is well seacoast defense, and his opinion clearly and unqualifiedly is that these enough to keep the jurisdiction right. light steel batteries pertain rather to the permanent military establish­ Again, it is good J>')licy to let the jurisdiction touching these matters ment-that is, to the troops in the field-than to fortifications and remain as it always has been, so that any one following the legislation coast defenses. Or, to quote his own words: can by an examination of the fortification bill exhaust the whole ques­ tion of appropriations for guns for fortifications or field-guns. It would therefore seem clear thateverytbing relating to these field-gun bat­ teries belongs to the "military establishment and the public defense" in gen­ The Chair will see at once the propriety of so holding when he ex­ e1-al, rather tha.n to "fortifications and coast defenses." amines the Book of Estimates and the two bills, the fortification bill But, Mr. Chairman, it seems to me it does not require the opinion of and the Army bill. I now read from the fortification bill: the general commanding the Army to determine this question. What Army gun factory: For machinery and plant for the manufacture of steel are the light batteries? Are the light batteries ever used in coacst de­ shell or shrapnel for field guns, $5,000. fenses or in the permanent fortifications? The · light batteries never That is in the fortification bill, but not in the Army bill. form any part of the coast defenses or of the permanent fortifications. For machinery to complete the full capacity of present gun factory building ' . AB Chief of Ordnance Bern~t said to the chairman of the committee at \Vatervliet arsenal, ·west Troy, N. Y., SJ.65,000. recently, "It might as well be contended that the armament of the Here is an appropriation for machinery to make these very guns that infantry belongs to the seacoast defenses and permanent fortifications, the gentleman seeks to include in the Army bill. because we always man the parapem with the infantry, but we never Mr. CUTCHEON. There is no question upon the gun factory. use light steel batteries in permanent fortifications." Of course, Mr. CANNON. So, taking the fortification bill, it carries an appro­ when the troops are engaged in hostilities in the field, light batteries priation for the steel out of which these field guns are to be made. are used in temporary field-works, but never in permanent fortifica­ Now, it does appear to me that as the fortification bill has always tions. Therefore, Mr. Chairman, if we go back to the rule, this appro­ carried these items that enter into the manufacture of these guns, as priation is pertinent to the military establishment, and not to coast de­ the jurisdiction has always been with th Committee on Appropriations, fenses or fortifications. My colleague from Michigan [Mr. BREWER]­ and as the fortification billnow carries these items, it iaworse than folly and he and I will have no difference except upon this matter of juris­ to put in the Army bill for the first time the appropriation for field " diction-attempm to draw an argument from what took place upon the guns, for steel for field guns, for steel shell or shrapnel for field guns, point of order raised upon the fortification bill in the last Congress. for enlargement of the building for field guns, and many other items. That appropriation rela.ted to the steel that was to be worked up in the In the interest of sound legislation, one bill or the other should exhaust Army gun factory. Upon that! made the point oforder, and it appeared this whole subject; and the unvarying practice has been all alongthat to be the opinion of the House that that factory, being designed chiefly the fortification bill should carry this whole subject. I trust, there­ for the fabrication and assembling of the new high-power ordnance for fore, that the point of order will be sustained, and that the fortification coast defames, the appropriation should properly go to the committee bill will carry this whole subject now. f which had charge of coast defenses. Mr. CUTCHEON. Will the gentleman allow me a question? Mr. BREWER. If my colleague will permit me, is it not a fact that Mr. CANNON. Certainly; with great pleasure. these guns are manufactured or assembled at the Watervliet arsenal? :Mr. CUTCHEON. Why did you not carry that principle farther, Mr. CUTCHEON. That is true. If this appropriation is made-­ and include in the fortification bill the whole subject of ordnance: the and this is the :first appropriation that has ever been made for 3.2-inch Springfield Armory, for instance, with its $400,000 for small arms? breech-loading, steel guns-if this appropriation is made, the guns will Mr. CANNON. The fortification bill never has carried the appro­ be fabricated at the Watervliet arsenal under this appropriation. The priation for small arms; and that is not the question. carriages have been made at the Springfield arsenal, and the shrapnel 1\Ir. CUTCHEON. But all these carriages are manufactured at the shell by contractors under private contract. But no argument can be Springfield arsenal. drawn from that. The simple question is, oughtthis appropriation for Mr. CANNON. We do not claim that the fortification bill should light batteries in the field to be in the bill for the support of the mili­ now carry those; we only ask that it carry, under the rules of the House, tary establishment, of which they are to form a part, or should it be in what it has always carried and what it is proper it should carry. We that special bill which is designed to carry the appropriations for the claim that not only the rules and the unbroken practice support this ·, heavy coast defenses and their armament? position, but sound legislation suggests that one bill should exhaust It seems to me that the case is so plai~ so axiomatic, that no further this whole subject. _, argument can be required. It makes no difference practically from Mr. CUTCHEON. The gentleman will allow me to say that the

I

,• I I ' - , - ' 2860 CONGRESSIONAL RECORD-HOUSE. MARCH 31,

metallic carriages for field-gun batteries, for which this bill carries an At Fortress Monroe there is an artillery school, and light batteries appropriation of $143,135, are manufactured at the Springfield arse­ are stationed at that post. nal, the same as the small arms fol'the infantry are. They do not come The distinguished chairman of the Committee on Appropriations al­ under the gun factory at alJ. luded to the fact that so much of the President's message as alluded to Mr. WHEELER, of Alabama. Mr. Chairman, I am surprised to see the subject of fortifications and coast defense was referred to the Com­ gentlemen who seek to sustain this point of order insisting that no ef­ mittee on Appropriations. In that same message matters referring to fort in the line of improvement should be made in the system of legis­ the public defense and military establishment, and including every­ lation adopted in this House. The gentleman from Michigan (~Ir. thing of that character, were referred to the Committee on Military Af­ BREWER], in giving a very interesting history of the various plans fairs. Everything, therefore, pertaining to the Army and the equip­ adopted by Congress since the organization of our Government, stated ments of the Army in the field, such as guns of this caliber, which are that for the first forty years there was but one general appropriation put in the field as field guns, certainly belong to and should be referred bill. The wisdom of om: legislators recognized in the course of time to and provided for in bills reported from this committee. the importance of se~regating or dividing the appropriations for the The only argument so far made in this discussion which tends to variowi departments of the Government; and finally, i:q the Forty-ninth show that they ought not to be referred to the Committee on Mili­ / Congress, a. great and well directed stride was made by the rule which tary Affairs seems to be based upon the assumption that having been distributed the appropriation bills among those committees that were there improperly for several years the improper reference should be supposed to take the most interest in the subjects to which the appro­ indefinitely continued. The gentleman from Illinois [Mr. CANNON] priations referred. also argues that the Committee on Appropriations should exhaust the ,; ... Now. the only question for the House to decide to~day, without ref­ whole subject. If they should exhaust the whole subject they would erence to what bas been decided before, is whether, under a rulewhich be compelled to take jurisdiction of the entire armament oftbe Army, provides for appropriations for fortifications and coast defenses, there which would be in direct violation of the roles. I insist the Com­ should be included appropriations for field guns of small caliber, akind mittee on Military Affafrs ought to exhaust the whole subject so far as of gun which, under ordinary circumstances, does not form a part of the it is necessary to provide for the arms, equipments, and guns for the armament of coast defenses or fortifications. military establishment, beca.use this committee is specially required to Mr. SAYERS. Will not the gentleman admit that heretofore this do so under the rules which govern this Honse. It seems to me, Mr. class of armament has been provided for by the Appropriations Com­ Chairman, that it is hardly r.ecessary to say anything farther upon mittee? the subject. Mr. WHEELER, of Alabama. I admit that has been the case, very Mr. LANHAM. I only wish to say a word on the point of order improperly; and I say that the House of Representatives, seeking to raised by the gentleman from Michigan [Mr. BREWER]. It seems to me place the various appropriations with those committees that are sup­ that it is not very material to those who shall pay the taxes involved posed from their jurisdiction to take most interest in the subjects, and in the appropriations for these items, aggregating $180, 135, whether that because of the character of the investigations required of them to burden is imposed by the Committee on Appropriations or by the Com­ know most about them, seeks now to place the appropriations for field mittee on Military Affairs. Nor does it seem to' me that the question guns with the committee whose special-- ou~ht to be controlled, as suggested by the gentleman from Illinois [Mr. Mr. SA. YERS. You claim, then, tliat the Committee on Military CANNON], by former refer~nces of such matters to any particular com­ Affairs knows more about these things than the Committee on Appro­ mittee. The essential point to determine is whether or not the authority priations. to appropriate for these it-ems properly belongs to the Committee on Mr. WHEELER, of Alabama. Knows more about them, because its Military Affairs, and whether the guns, carriages, etc., for which these duties require its members to j:!;ive more investigation to the subject of appropriations are to be made belong to and constitute a part of the :field guns than a committee whose investigation is confined to fortifi­ military establishment. cations and coast defense. The committee taking jurisdiction ot it heretofore would not nec­ Mr. COGSWELL. How do you account for the War Department essarily prevail in jurisdiction now simply for that reason. If there ·" placing these matters under the item of ''fortifications and coast arma­ has been a mistake in former references, a mistake in conferring or as­ ment ?" suming jurisdiction in the 11ast, it does not follow that such mistake -. Mr. WHEELER, of Aln.bama. Simply because a clerk followe

1890. CONGRESSIONAL RECORD-HOUSE. 2861 defenses was reported to the House on the 18th day of March, 1890. War, had nothing upon which to base the jurisdiction which has been We had already taken jurisdiction of the subject-matter involved in assumed. this appropriation before that time. We had the judgment of a man Mr. LANHAM. Will my colleague permit me to ask if he thinks of great military ability, a man of splendid military education and high this reference by the House to the committee is absolutely decisive of military character, to the effect that these matters belong to the mili-' the question of jurisdiction? tary establishment, and I think we ought not to be prejudiced by any Mr. SAYERS. I think so, when properly referred under the-rules, previous reference to another committee or by the fact that the esti­ especially as no q nest ion has been raised as to the propriety of the ref­ mates went to one committee or the other. It is important, if there erence until now. - ,._ . has been an error committed heretofore, to correct it now when the op­ Mr. LANHAM. But suppose this to belong to the military estab­ ..... ,,,,. portunity is presented. lishment; would its reference to the Committee on Appropriations be Mr. CANNON. Will the gentleman yield for a question? decisive of the question of jurisdiction? l\ir. LANHAM. Certainly. Mr. SAYERS. I think where the reference is made, under the rule, Mr. CANNON. If these items of appropriation belong to the mili­ of a matter to a particular committee it would have the jurisdiction, tary establishment under the rules of the House, and the jurisdiction unless an objection were raised within the proper time and in the man­ . is given for the reason assigned by the gentleman, is not the jurisdic­ ner prescribed by the rules of the House. tion also given to recommend appropriations for the steel out of which Mr. CUTCHEON. In other words, reference to a wrong committee they are made ? Why did you not recommend appropriations for them? would confer jurisdiction. ' Yon claim jurisdiction, and yet the gentleman did not seek to cover that M_r. SAYERS. I do not agree that this is a wrong reference. and various other matters. Now, where is the distinction? Mr. OUTCHEON. If this pertains to the military e:Jtablishment, it Mr. LANHAM. We have only placed these three items in our bill would be a wrong reference. '- . on which the point of order has been made. We sought no doubtful Mr. SAYERS. Not so. jurisdiction, and upon the propriety of our course we have submitted Mr. WHEELER, of Alabama. I would like to ask the gentleman the judgmen_t of perhaps the highest military authority in the country. a question. Take, for instance, the items tor the Military Academy. Mr. CANNON. Ah, but your highest military authority in the We find estimates in one part of the book for the Military Academy country does not regulate the rules of this House. and in another f9r the public works. Mr. LANHAM. But our highest.military authority, it seems to Mr. SAYERS. Well, the gentleman will find that all these items me, would be persuasive, to say the least, as to the definition of what have gone to the Committee on Military Affairs. is meant by the term "military establishment" rather than the judg­ Mr. WHEELER, of Alabama. Yes, sir. All of these are nott bow­ ment of the civilian members of the House; and that these items be­ ever, for the Military Academy, and yet the Committee on Military Af­ long to that establishment has been affirmatively made to appear by fairs have jurisdiction. the commanding general of the Army himself. It is a question for Mr. SAYERS. Because they have been referred to your committee the Chair, of course, as to whether they appertain to the Military Com­ under the rules of the House. mittee or otherwise; but if they are a part of the military establish­ Mr. Chairman, this whole question was exhaustively discussed in ment., and outside of fortifications or coast defenses, then the Chair the last Congress, and it was definitely settled when the fortifications must inevitably hold, in my judgment, that the Committee on Military bill was up for consideration, and also when the bill for the support Affairs had jurisdiction of them and has properly incorporated them of the Army was before the House. in its bill. Mr. CUTCHEON. If the gentleman will allow me to interrupt him Mr. SAYERS. Mr. Chairman, this is a contest with which I am there; he says that this whole subject was exhaustively discussed in somewhat familiar, by reason of my having had in charge during the the last Congress. Allow me to read from a letter received from the last Congress the fortifications appropriation bill. It is the same old Secretary of War. fight between the two committees. Now, it will be admitted, it- can Mr. SAYERS. Mr. Chairman, I have great respect for the Secretary not be denied, by the Committee of Military Affairs, that before the of War; but he is not a member of this House. distribution of appropriations amongst the various committees in the l\Ir. CUTCHEON. It is simply as to a matter of fact. Fiftieth Congress, items of this character were al ways carried in the bill Mr. SAYERS. I do not understand that the Secretary of War is a for fortifications and coast defenses, and not upon t,he bill for the sup­ better judge of parliamentary law than an experienced member of this ,. port of the military establishment. It will be also admitted by the House. Committee on Military Affairs that no estimate or document of any Mr. CUTCHEON. No, no; but as to a matter of fact. kind whatever authorizing these items of appropriation went to it from Mr. SAYERS. The gentleman has been reading communications ..• the House. from the General of the Army and from the Secretary of War and his I therefore ask the ~entleman in charge of the bill, how comes it that officers as to the jurisdiction of committees of this House. he reports these items, if there was no estimate or proper document Mr. CUTCHEON. The13imple point I desire to maket if my friend submitted by the Department, through the regular and ordinary chan­ will allow me, is that we have never appropriated for these 3. 2-inch nel, to the Commiltee on Military Affairs? caliber guns before. We have appropriated for guns of larger caliber, Mr. CUTCHEON. Does the gentleman desire an answer now? but never for guns of this caliber. Mr. SAYERS. I do. .Mr. SAYERS. The gentleman can read it. Mr. CUTCHEON. The Book of Estimates is submitted to all of the l\Ir. CUTCHEON. He writes: appropriation committees, to the Committee on Military Affairs as well Twenty.five steel field guns of 3.2·inch caliber, $'>...5,000. as to the Committee on Appropriations. If, therefore, the gentleman Congress has heretofore made no appropriation for the steel field guns of 3.2-inch caliber as named in this item; such as have been made have been pro­ had read the report of the committee accompanying this bill he would cured Crom proceeds of sales of obsolete and unserviceable materials. have found that the committee dealt in entire frankness with the Honse when we say, on page 3 of the report: Mr. SAYERS. Well, read further. In the Book of Estimates, at page 166, among other items (under the bead of Mr. CUTCHEON. That is all I desire to read. fortificationa and other works of defense), occur the following. Mr. SAYERS. Read it alJ. And then, in connection with that, we submitted the various items Mr. CUTCHEON. Very well. to which that paragraph referred. At the second session of the Fiftieth Congress an estimate for field guns of 3. 6-inch caliber was, after a discussion in the House, r~ferred to the Committee But we submit further, Mr. Chairman, that the error of a subordi­ on Appropriations and action thereon was taken by that committee as stated. nate in the War Department in submitting an estimate of appropria­ tion under the wrong head can not thereby control the jurisdiction of Mr. SAYERS. Suppose yon read all of the letter. the Honse. We had this communicated to the committee in a special Mr. CUTCHEON. I do not desire to take up the time of the com- communication from the Secretary of War himself. mittee. Mr. SAYERS. How? In what manner? Through the Honse? Mr. SAYERS. Well, let me see it then. Mr. CUTCHEON. Directly to the committee, under the date of Mr. CU'fCHEON. That is all that bears upon this question. February 20th. Mr. KERR, of Iowa. Mr. Chairman, will it be in order in this dis­ Mr. SAYERS. But did it come through the House? cussion of the point of order to limit debate to thirty minutes on a Mr. CUTCHEON. It did not come.. through the Speaker of the side? Honse, if that is what the gentleman means, but directly to the com­ The CHAIRMAN. The Chair will limit it in a moment. mittee, the Secretary of War communicating this item for field bat­ Mr. SAYERS. I will read, Mr. Chairman: An itemforprojectiles, including steel shrapnel for the field service, wasem­ teries in a special estimate on the date mentioned. bodie\). in the fortifications act approved March 2, 1889. The assignment of the Mr. SAYERS. Now, Mr. Chairman, only a few words more. It has estimate for this purpose and the action taken in the Fiftieth Congress, second been shown that for more than twenty years items like those under session, was the same as stated for the two preceding items of this memoran­ consideration have, without interruption, been placed upon the bill dum. _which made appropriations for fortifications and coas~ defenses. It is Mr. Chairman, I submit that the jurisdiction of the Committee on '--·. .also true that the estimates for these particular appropriations came to Appropriations over the items under consideration is amply sustained the House regularly and were referred by the Speaker to the Commit­ by the uniform and uninterrupted practice of the Honse for more than tee on Appropriations, and that the Committee on Military Affairs, ex­ twenty years; by the unquestioned rulings of three Chairmen of the ·cept upon the communication sent to it irregularly by the Secretary of Committee of the Whole on different occasions during the last preced-

I

·...... · 2862 CONGRESSIONAL RECORD-HOUSE. :MARCH 31, '

ing Congress; by the reference of that portion of the President's mes­ Mr. DOCKERY. The line was clearly drawn before. Now, Mr. sage and of the departmental estimates bearing upon the subject dnring Chairman, the memorandum just read, showing that the 3. ~-inch guns the present Congress; under a fair construction of the rules themselves; have not been made before, is not at all germane to the point of order. and, finally, because sound policy demands that the appropriations for The question at issue is the question of jurisdiction of field guns, not the erection of arsenals, for the purchase of machinery and of steel, ·the size of any particular gun. and for the manufacture of guns should be considered, reported, and Mr. LANHAM. What part do these guns play in fortifications? recommended by one and the same committee. Mr. DOCKERY. I do not know much about military affairs. I 1\Ir. DOCKERY. Mr. Chairman, I shall detain the committee but a was fortunately so young at the time of the war that I got in only dur­ moment. This whole field has been very thoroughly gone over and ing the last six months, in the militia, and I did not therefore see much I have, therefore, no diEtposition to trespass at length upon the time of military service. [Laughter.] I am arguing this question under the the House or the patience of the Chair. The question at issue here is rules and the practice of the House, and the Chair will observe that the a question of jurisdiction, not to be determined by the opinion of the practice of the House has been uniform in its support of the views I General of the Army, but to be decided uader the rules and practice of have presented. this House. Substantiallythe same issue was decided in the last Con­ 1\11. SPINOLA. Mr. Chairman, it seems to me that ibis is narrow­ gress, both by the gentleman from Georgia [Mr. BLOUNT], who was in ing itself down to a question of common sense. No gentleman upon ~ the chairwhen the fortifications bill was being considered, and by my­ the floor of this House will for a moment undertake to claim that a self when in the chair on the .Army appropriation bill. 3-inch gun iii to be used in a fortification. A 3-inch gun, as I under­ Mr. Chairman, I desire first to call your attention to the preliminary stand it, is to be used upon the battle-field. No man can point to a observations of the gentleman from Georgia [Mr. BLOUNT] in the de­ fortification in this country where a gun of only 3 inches caliber has cision referr~d to. Hs said:. ever been used. If these guns were intended to be used for fortifica­ An examination of the statutes a.nd of the practice of the House for a long tions they would be of much larger caliber. .A 3-inch gun is designed series of yea.rs shows that prior to the adoption of the present rules the rules to be hauled about by horses and to be handled by men in the field in simply assigned the work of appropriations to the Committee on Appropria­ tions. That committee subdivided their work into various general a.ppropria.tion action. Gentlemen desire to take jurisdiction of this matter for the bills. Not by virtue of a.ny rule of the House, but for their own convenience. Committee on Appropriations, but the jurisdiction of that committee They were designated as the legislative, executive, and judicial bill, the sundry is confined to fortifications and does not app~y to light field arms. civil bill, the fortification bill, the District of Columbia bill, the pension bill, the deficiency bill, the military bill, the naval bill, and the bill in relation to post­ This gun is a field arm, jnst like a rifle, only that it is of a little offices and post-roads, etc. calibre, requiring five or six or-Seven men to handle it instead of one, The subject-matter of these several bills was designated by the Committee on and it comes strictly under the jurisdiction of the Committee on Mili­ Appropriations ii.self, and the Chair thinks that the only way of ascertaining the nature of these bills is by a.n examination of the substance of them. Under tary Affairs. We do not propose to interfere with the jurisdiction of these designations they ha.ve been crystallized in the practice of the House until the Committee on .Appropriations as toforti:fications. They claim that they ha.ve a significance as pregnant a.13the strongestlangua.gecould give them. jurisdiction, and we say, let them have it; but when it comes to a mat­ .A.gain, Mr. Chairman, when the Army appropriation bill was being ter entirely separate and distinct from that, which comes legitimately considered at the second sesffion of the Fiftieth Congress the question within the authority of the Committee on Military Affairs, we insist of j nrisdiction was raised on the ''torpedo item'' of that bill; and, fol­ that that committee shall have its jurisdiction, and that is this case, lowing in the line of the premises laid down by the gentleman from because, as I have said, these guns are never used in fortifications, but Georgia. which I have just quoted, the Chair said.: are strictly for .field purposes. In endeavoring to reach a just conclusion it occurs to the Chair tha.t it is well The CH.AIRMAN. The question presented is not without difficulty, t.o go back to the practice of the House in respect to this item before the change and the discussion has not been sufficiently full to entirely satisfy the of rules distributed the appropriation bills; for that change of rules made no change in their phraseology- Chair, but he understands that the exigencies of the work before the HOuse will not permit further delay. ! desire the Chair to take especial note of this fact- The practice of the House for the last twenty years preceding the but simply assigned certain appropriation bills to committees which prior to that time had not been given the consideration of them. last six years in large part has obtained under different conditions as between committees from those which now exist, and the Chair will Further on, in summing up conclusions, I also stated: confine himself strictly to the rule as he understands it. The Chair, therefore, thinks that the intent of the House in distributing these appropriation bills was to give to the fortification bill that which it carried prior Rule XI provides as fdllows: t-0 the distribution, to the post-office appropriation bill that which it carried prior All proposed legislation shall be referred to the committees named in the pre­ to the distribution, a.nd so with respect to the bills assigned to the other com­ ceding rule, as follows, namely: Subjects relating, mittees. * * * * ir To approp1·iation of the revenue for the support of the Government, as herein Now, Mr. Chairman, the change in the distribution of the bills made provided, namely: * * * for fortifications and coast defenses • • * to the no change whatever in the phraseology of the rule. The gentleman Commit-tee on Appropriations. from Georgia and myself accordingly held that th~ bills, as distrib­ All appropriations relating- uted by the change of rules, carried with them to their respective com­ 12. to the military establishment and the public defense, including the ap­ mittees only that which they contained when they were under the propriations for its suppo1·t, etc.-to the Committee on Military Affairs. jurisdiction and control of the Committee on Appropriations. As the Chair understands this rule, the Committee on.Appropriations Now, Mr. Chairman, tried by that construction, which has been re­ in this matter is con.fined strictly to that which pertains to fortifications peatedly approved by this body, the items against which the point of and coast defenses. The Chair holds that the provision of the bill be­ order is made mu.st be carried in the fortification bill, for examination fore the committee providing for steel :field guns and carriages for the reveals the fact that for more than twenty years prior to the distribu­ same, not used in fortifications, nor made for fortifications, nor for tion they always found a place in that bill. As has already been stated, coast defenses, properly goes to the Committee on Military Affairs, and the estimates sent to the House for field guns have been referred by the he therefore overrules the point of order. Speaker to the Committee on Appropriations, which fact ought to con­ Mr. CANNON. l\1r. Chairman, I move to strike out the provisions fer on that committee unchallenged jurisdiction. of this bill, on page 22, from line 16 to line 2, page 23, inclusive. Mr. WHEELER, of Alabama. Does not the gentleman yield the The Clerk read the paragraphs proposed to be struck out, as follows: whole question when he says that the Committee on Appropriations For four mountain guns, carriages, limbers, accessories, and ammunition once had this all in their hands and that they segregated the appro­ therefor, $14,920; -:.'· For steel field guns of3.2Q inches ca.Uber, S25,000; priations into different appropriation bills, as appeared to them to be For meta.Ilic carriages for field-gun batteries, Sl48,135; proper? Upon the same principle would it not be proper now to give For steel shell or shrapnel for field guns, $12,000; this appropriation for field guns to the Committee on .Military Affairs? In all, $180,135. 1-tlr. DOCKERY. I think not. Mypointisveryclear; atleastl have Mr. CANNON. .A single word npon this amendment. I hold in endeavored to make it so. It is this: That in the distribution of the one hand the .Army appropriation bill, from which I move to strike appropriation bills, there being no change in the phraseology of the out these items. In the other hand I hold the fortifications appropri­ rules, the military bill as reported from the Committee on Military ation bill, in which all these items appear, and, in addition, various .Affairs should carry those matters which it formerly carried when it other items of appropriations for steel to make these guns, as well as was reported from the Committee on Appropriations; that the Post­ other guns, for an addition to the Watervliet arsenal, for tools, ma­ Office bill should carry under this construction only those items which chinery, and plant for the manufacture of field guns, shell, and shrap­ it carried before the change of rules sent it to the Committtee on the nel, and for various other items neces.sarily used in the making of these Post-Office and Post-Roads; and so on through the entire list of com­ guns and this shrapnel and shell. mittees. I make this motion because the fortification bill has always carried, Now, apply that standard, and the decision must be in favor of the and now carries, the items I have indicated, and the .Army bill has not Committee on .Appropriations, for I have here a memorandum pre­ heretofore carried these items, and members of this Hom~e as well as pared by the clerk of the Committee on .Appropriations which shows the country at lar_ge are entitled, when they pick up an act of appro­ that for more than twenty years past the Army appropriation bili has priation and read it, to assume that the whole subject is exhausted in ne•er carried an appropriation for field guns. that ad. Therefore, either the Army bill or the fortification bill, as a Mr. CUTCHEON. Because we have not been making appropria­ matter of sound legislative policy, should exhaust this whole subject of tions for this kind of light field batteries. field guns and kindred affairs. I hope, therefore, that these items will 1\Ir. BUTTERWORTH. But the line was dl'awn before. be stricken out of this bill, and that the fortification bill, which is to

... • I ...... "- ..... ·· , ' ..

1890. CONGRESSIONAL RECORD-HOUSE. 2863 I follow and carries all these items, inclncling'thesteel whichmakesthese teries, which are just as much a part of the military establishment as 'guns, the enlargement of the factory in which they are made, the tools the cavalry, or the infantry, or the engineers, or any other of the corps. ·with which to make them, shall carry also the guns. I now ask for a vote. :M:r. BUTTERWORTH. May I ask the gentleman a question before Mr. BUTTERWORTH. Allow me a single moment. This item, to he takes his seat? which my honored friend from Michigan [Mr. CuTCHEON] has called Mr. CANNON. Certainly. attention and to which attention is called also by the chairman of the Mr. BUTTERWORTH. This question, as I have understood, bas Committee on Appropriations [Mr. CANNON], might possibly, with been determined over and over again heretofore, both by the Chair and propriety, be in either bill. by a vote of the House. Mr. CUTCHEON. I think so, possibly. Mr. CANNON. Yes, sir; and invariably one way. :M:r. BUTTERWORTH.. Now, in either event these guns will be Mr. BUTTERWORTH. Has there been any change in the rules on constructed by the Bureau of Ordnance and at the same establishment. this subject? Mr. CUTCHEON. Not under the direction of the board of ord- Mr. CANNON. Not in the least. nance and fortification, if provided for in this bill Mr. BUTTERWORTH. I understood the Chair to say, in deciding Mr. BUTTERWORTH. But, Mr. Chairman, the point is that the this question, that to-day the conditions are different, or the rules dif- House has a right to determine for itself whether these items shall ferent, from what they were when previous decisions were made, by ~o into one bill or the other; and after the House has deliberately de­ whicb, I supposed, the Chair would be guided. termined the question over and over again, in the face of the appeal of Mr. CANNON. I say again that the rules in this respect are the my honored friend from Michigan and others, we had the right to sup­ same as in the Forty-ninth nnd :Fiftieth Congresses when this question pose that, without superhuman effort, this House and the Chair would was decided differently upon a point of order.. adhere to that ruling. But I care nothing about the point of order. Whether the Army So far as concerns the distribution of these different items, they are bill or the fortification bill carries this appropriation-and the items carried now by the same bill that bas carried them for twenty-odd are in both bills-in either event these i?;Uns will be constructed. But years. I do say that in the estimates and in the fortification bill are these ad.di- Mr. CUTCHEON. We have not had them before-not these. , .. tional matters of appropriation for gun fa.dory, for steel out of which Mr. BUTTERWORTH. Well, the principle i8 the same. Whether 1tbese guns are to be made, for tools with which they are to be made, a gun has a caliber of 4 inches or 3 inches or an inch and a half is not and that one bill or the other ought to carry the whole of theseappro- of any significance in determining the application of the principle which priations. I trust that they will be stricken out of the Army bill and the House has laid down. that we shall let the fortification bill carry these four items, as it car- Now, for twenty years; nay, I will say to my friend for forty years, ries a dozen other items which it is necessary that the fortification bill, ever since the Committee on Appropriations has bad existence, these or some other bill, should carry in order that these guns may be made. lines of demarkation between different bills have been as distinct as Mr. LANHAM. Suppose the motion of the gentleman should now now. When one bill was turned ove.r to the Committee on Military prevail and that, when we come to the fortification bill, these items Affairs it took with it the items it carried while in charge of the Com­ should be struck out on a point of order, what would then become of mittee on Appropriations. The attempt was ma.de by my honored friend them? [Mr. CuTCHEON],backed bymyequallyzealousfriendfromAlabama, to Mr. CANNON. Well, "sufficient unto the day is the evil thereof. 11 revise the rules and to rever.se the decision of Chairman after Chairman. I hardly think that any Chairman of the Committee of the Whole could Now yon have succeeded. I congratulate you, although I think the de­ be found who would reverse the unbroken rulings of the House on this cision is clearly wrong, not because the item in controversy may not be snbject, by holding that these items are not in order on the fortifica- carried in the military bill, but because the Honse bas otherwise ordered tion appropriation bill. and refused over and over again to change or modify that ruling. A.ild Mr. LANHAM. The present Chairman bas very wisely decided tb.at it would seem that there should be an end to this controversy. I do these items are properly on the Army bill. not deny that the language of the rule warrants the interpretation the Mr. WHEELER, of Alabama. I wish to ask the gentleman from honorable Chairman has given it. The error is, I claim, in departing Illinois [Mr. CANNON] whether it is not true that during the la.st ten from the construction the House bas, time after time and Chairman a.ft.er yeare there have been at least four occasions when we failed to have Chairman, given to the clause in question. any fortification bill at all. What has happened in previous Congresses [Here the hammer felL] may happen in this. · Mr. CUTCHEON. The motion to strike out includes the four .' Mr. CANNON. Well, of course, if Congress does not choose to make mountain gnns. They are in the bill. They are designed to be taken an appropriation there will be no money. to pieces and carried over the mountains. The War Department de- Mr. WHEELER, of Alabama. We always pass the Army appropri- sire.c; them for instruction. The point of order was not made until ation bill; but the fo1·tification bill freque.ntly fails to get through in afterwards so far as they are concerned. time. Mr. CANNON. Very well, then, as the gentleman says the point of J'i1r. MOREY. I wish to make an inquiry. If these appropriations order was not' made until afterwards, I withdraw the amendment as be made on the fortitlcation bill, under the direction of what officer to four mountain guns and accessories. or what board will the expenditure be made? The CHAIRMAN. Debate is exhausted. Mr. CANNON. There will not be the slightest difference in that Mr. BREWER. I move to strikeout the last word. respect from the expenditureunderthis bill as !understand it. When I wish to show, Mr. Chail'Dl3n, the anomalous condition in which the I make this point, it is not because in either event these gnns will not committee will be placed if those items remain in the .bill. The last ·be made; they will be. My point is in the interest of harmonious item is: legislation, upon the principle that one bill or the other should ex- For steel shell or shrapnel for field guns, $12,000. haust the whole subject. If these items are left in the Army bill, then That is taken from a clause containing several other items in the you have in the fortification bill a larger number of items than are Book of Estimates by the Committee on Military Affairs without any necessary for the construction of these guns. I want the Committee of estimate to base their report on except as they find it under that re­ the Whole to strike out in this bill these items which are duplicated ferred to the Committee on Appropriations. I desire to call the atten­ in the fortification bill, and let them remain in that bill where they tion of the Chair and the committee to this language in the estimate: are found now, and which has carried them heretofore. Steel shell or shrapnel for field guns $12,000, a.nd for cast-iron projectiles for J'i1r. (,tl{JTCHEON. I de.sire that we shall get through with this ques- field, siege, and seacoast guns $24,500. tion, go on with the bill, and finish it to·night; and for that reason I The committee did not take all, but only took that covered by the shall detain the Committee of the Whole only a single moment. $12,000 item. If they have jurisdiction of that part of the clause then If these items remain in this bill, these light guns will be constructed both items should be in the bill. Why is only one item included? under the supervision of the Bureau of Ordnance, not under the super- Mr. WHEELER, of Alabama. We will get them as fast as we can. vision of the Board of Ordnance and Fortification. The gentleman says Mr. BREWER. They were mixed up, it is true, but why insert one that th~ fortification bill carries the machinery and the plant for the and leave the other out? Why separate them? I insist the committee gun factory: That is so. We have conceded that, and the House has should strikeout these items, and let them remain where they properly so decided, because the principal business of that gun plant is the man- belong. ufacture of heavy ordnance for coast defense; and the major jurisdic- The question recurred on Mr. CA.KNO~'s motion to strike out. tion carries with it the minor. The committee divided; and there were-ayes 91, noes 57. Now, if these items be retained here, these guns will be made at the So the motion was agreed to. Watervliet arsenal; they will be made under the same general supervis- The Clerk read as follows: ion; but they will be made under the direction of the Bureau of Ord­ RECRCTTING SERVICE. nance, as I have said, instead of the board of ordnance and forlifica­ For experuies of recruiting and transportation of recruits from rendezvous to ·tion; and the money will be appropriat.ed in this bill instead of the depot, and in keeping recruits a.t recruiting depots before assignment to regl­ other. That will be the only difference. ment, Sl.13,696. We are providing to-day for the Army. There are two light batteries Mr. CUTCHEON. I move, in lines 5 and 6, page 23, to strike out ,in each of the five artillery regiments-ten light batteries in all; and the words "and in keeping recruits at recruiting·depots before assign­ the object of this provision is to furnish with light guns those light bat- ment to regiment.' 1 I

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2864 CONGRESSIONAL RECORD-HOUSE. MARCH 31,

One word in regard to that amendment. There was an estimate of consider House hill 7619. I simply make this statement in justice to $25,000 for keeping recruits at recruiting depots before assignment to the Chair and to the committee. regiment. Thecommitteedidnotgrant that$25,000, and the rest should Mr. BREWER. I hope that while we are in committee we will be go out. The Secretary of War and theAdjutanb-General asked the bill enabled to take up this bill. be so amended. The CHAIRMAN. It can be done without objection. Is there ob­ The amendment was agreed to. jection? The Clerk read as follows: Mr. WILLIAMS, of Ohio. I think we had better finish up the other To defray expenses of sending recruiting parties to small towns and rural dis­ bill. tricts adjacent to recruiting rendezvous, $25,000. The CHAIRMAN. Unless there is objection, the bill referred to by ... . :Ur. CUTCHEON. I move to strike out the w.:>rds ''adjacent to re­ the gentleman from Michigan will be proceeded with. cruiting rendezvous;" so it will read: Mr. DUNNELL. Regular order. To defray expenses of sending recruiting parties to small towns and rural dis­ Mr. WILLIAMS, of Ohio. I move that the committee do now rise. tricts, $25,000. Mr. BREWER. I desire to call up this bill, so that it may be read This is also here by recommendation of the Secretary of War, and is now for the information Qf the House; and then, if desired, I will move simplyto give a little more liberality in sending out recruiting parties. that the committee rise. The amendment was agreed to. The CHAIRMAN. But the regular order has been demanded; and The Clerk read as follows: the gentleman from Ohio moves that the committee do now rise. To defray expenses of sending recruiting parties to small towns and rural Mr. CANNON. If the gentleman will permit me a moment, I s11b­ districts, $25,000. mit, Mr. Chairman, that it will not take three minutes to dispose of ... In all $138,696. the Army bill after we ~et into the House, unless a separate vote is Mr. CUTCHEON. I offer an amendment, Mr. Chairman, to come called for, and it seems to me that we might as well enter upon the in afte:::: line 12, on page 23. general debate and probably conclude it upon the fortifications bill. The Clerk read as follows: Mr. WILLIAMS, of Ohio. I think it is in the interest of the dis­ And which shall be disbursed and accounted for as expenses of recruiting, and patch of public bills to rise and dispose of the military bill. shall constitute one fund. The motion of Mr. WILLIA.l\IS, of Ohio, was agreed to. Mr. CUTCHEON. The object is that the entire $138,696 may be The committee accordingly rose; and the Speaker having resumed drawn upon as an entire fund. It does not change ihe appropriation. the chair, Mr. ALLEN, of Michigan, reported that the Committee of The amendment was adopted. the Whole House on the state of the Union, having had under consid­ The Clerk read as follows: eration the Army appropriation bill, had directed him to report the SIGNAL SERVICE, same to the House with sundry amendments; and that, as so amended, For expenses of the Signal Service of the Army, as follows: Purchase, equip­ the bill do pass. ment, and repair of field electric telegraphs; signal equipments and stores; The SPEAKER. The Clerk will read the amendments recommen­ binocular glasses, telescopes, heliosta'8, a.nd other necessary instruments, in­ cluding absolutely necessary meteorological instruments for use on target­ ded by the Committee of the Whole. ranges; telephone apparatus and maintenance of same; in all, $10,000. The amendments were read at length. Mr. ROGERS. I desire to call the attention of the gentleman from Mr. CUTCHEON. On behalf of the Committee on Military Affairs Michigan to the top of page 17, where the words "and so forth" are I offer the following proviso, to come in at the end of this clause. used, in line 3. I was under the impression that it was understood The Clerk read as follows: these words were to be stricken out where they occurred in the bill. Pr01'ided, That, from the signal stor~s herein appropriated for, the Chief Sig­ nal Officer, on proper application in writing by the adjutant-general of any Mr. CUTCHEON. I had intended to do that, at the suggestion of State, may sell to such State for use of its militia at contract prices such signal the gentleman from Texas [Mr. SAYERS]. I therefore move now to equipments and stores, field-glasses, telescopes, heliographs, and other appara­ stlike out the words "and so forth," and insert the word "and " be­ tus as may be necessary for instruction in military signaliog; the money re­ ceived therefor, which shall revert to the appropriation for the current year in fore '' canteens,'' in the same line. which the sale may be made, must be duly accounted for as other public money, The amendment was adopted. and may be used in the purchase of like articles to replace those so sold. Mr. CUTCHEON. There is also a similar amendment which should Ur. CUTCHEON. This provision would undoubtedly be new legis­ be made in the third line on page 24. The words '' and so forth '' were lation, if the point was made. used in the estimate, and by some means crept into the bill. I think The object of it is, Mr. Chairman, to enable certain States, especially it better to strike them out and insert the word ''and'' before the words the State of California, t-0 purchase signal instruments, and purchase "police utensils;" so it will read "maps, books of reference, and police them at cost price, from the signal stores of the Government, the money utensils." to be covered back into the same fund. It will cost the Govern­ The amendment was adopted. ment nothing. It is simply a temporary tra.nsfer for the accommoda­ The SPEAKER. Is a separate vote demanded on any of the amend­ tion of the militia of the States which may desire it. I hope it will ments? be adopted. Mr. BYNUM. I ask a separate vote on the amendment in regard to The amendment was adopted. the sale of alcoholic liquors in the canteen. The Clerk read as follows: The SPEAKER. If no other separate vote is demanded, the vote will be taken upon the remaining amendments. CO~""TINGENT EXPENSES. The remaining amendments were adopted. For contingent expenses of the office of the commanding general, Sl,7M. For contingent expen es of the Adjutant-General's Department at the head­ The SPEAKER. The question is upon the amendment indicated quarters of the several military divisions and departments, S2,000, being for the by the gentleman from Indiana, which the Clerk will report. necessary articles of office, toilet, and desk furniture, stationery, binding, maps, The Clerk read as follows: books of reference, police utensils, et-c. For binding current orders and purchasing maps for the Inspector-General's Provided, That no alcoholic liquors, including beer and wine, shall be sold or Department,$)()(). supplied to the enlisted men in any canteen or in any room or buihling at any garrison or military_post. Mr. CUTCHEON. On behalf of the Committee on Military Affairs I offer the amendment which I send to the desk, to the last paragraph. Mr. BYNUM. Upon that I demand the yeas and nays. The Clerk read as follows: Mr. CUTCHEON. A parliamentary iilquiry. Would any remarks On page 2(, in line 4, strike out "current" and insert "reports," and in the be in order upon this at this time ? same line, before the word "maps," insert the words" books of reference and;" Mr. PAYSON. We do not need any remarks. so that it will read: Mr. CUTCHEON. I will waive that question; but I will say on "For binding reports and orders and purchasing books of reference and maps for the Inspector-General's Department, e5()()." behalf of the Committee on Military Affairs that they do not ask a sep­ arate vote on this amendment, and do not ask for the yeas and nays. / Mr. CUTCHEON. This change is made at the request of the In­ Mr. BLOUNT. Debate is not in order. spector-General in a communication which reached the committee The yeas and nays were ordered. since the bill was framed and reported. He states that there are val­ The question was taken, and it wasdecidedin the negative-yeas 52, uable orders and reports not of the current series to be bound. It does nays 135, not voting 142; as follows: not make any change in the appropriation, but simply enables him to ind orders of the past series as well as the current series. I hope it YEAS-52. will be adopted. · Allen, Mich. Cooper, Ohio Kerr, Iowa. Pickler, The amendment was adopted. Anderson, Kans. Craig, Lacey, Pugsley, Arnold, Culbertson, Pa. Laidlaw, Ray, Mr. CUTCHEON. I move that the liill be laid aside and rep~rted Baker, Dalzell, Laws, Russell, .· to the House with the recommendation that it do pass. Bergen, Darlington, Lewis, Sherman, The motion was agreed to. Boothman, Dolliver, McOomas, Skinner Brewer, Dorsey, Moore, N. H. Smith, W.Va. Mr. BREWER. Mr. Chairman, I ask unanimous c~msent now to take Burrows, Dunnell, Morse, Stockbridge, up and consider House bill 8391, making appropriation$ for fortifica­ Butterworth, Featherston, Nute, Struble, tions and other works of defense, etc. .. Caswell, Flick, O'Donnell, Sweney - Cheadle, Funston, Owen, Ind. Taylor, E. B. Mr. CUTCHEON. I desire to call the attention of the Chair to the Comstock, Ha.n.abrougb, Payne, Vandever, fact that the motion to go into Committee of the.Whole was to further Conger, Henderson, Iowa Peters, Wright. ,-. . ·- .. . : I• ''· y ...: ... ~ 1890. CONGRESSIONAL RECORD-HOUSE. 2865 ... , \ NAYS-13.5. Mr. ARNOLD with Mr. BuLLOCK. Adams. Coleman, Lester, Va. Sayers, Mr. w ATSON with Mr. DAVIDSON. Allen, Miss. Connell, Lind, Scranton, Anderson, Miss. Covert, Maish, Scull, Mr. WALLACE, of New York, with Mr. ABBOT!'. . - Andrew, Cowlel:', !iansur, Shively, •· Mr. wALLACE, of Massachusett:.s, with Mr. COOPER, of Indiana. Bankhead, Cdsp, Martin, Ind. Smyser, Mr. MOFFI.Tl' with Mr. STUMP. Banks, Culberson, Tex. Mart.in, Tex. Snider, Barnes, Cutcheon, Ma.son, Spinola, Mr. BINGHAM with Mr. WILKINSON. Ra.rwig, Dargan, McAdoo, Spooner, Mr. MOREY with Mr. HATCH. Bayne, Dibble, McClammy, Springer, Mr. BROWNE, of Virginia, with Mr. SENEY. Beckwith, Dunphy, McClellan, Stahlnecker, Belknap, Edmunds, McCord, Stewart, Tex. Mr. STEPHENSON with Mr. ENLOE. Bland, Finley, McCreary, Stockdale, For-this day: Blount, Forney, McMillin, Stone, Ky. ?if:r. TAYLOR, oflllinois, with Mr. CRAIN. ,,, .. Boatner, Frank, McRae, Tarsney, Bowden, Gear, . Mills, Tillman, Mr. HOUK with Mr. KILG-ORE. Breckinridge,Ark. Geissenhainer, Montgomery, Townsend, Colo. Mr. CANDLER, of Massachusetts, with Mr. WILSON, of West Vir- Breckinridge, Ky. Gibson, :M0rgan, Townsend, Pa. ginfa. . Brickner, Goodnight, Mutchler, Tracey, Brookshire, Hare, O'Ferrall, Tucker, Mr. STEWART, of Vermont, with Mr. OATES. Brunner. Haugen, O'Neil, Mass. Turner, N. Y. Mr. FARQUHAR with Mr. HOLMAN. Buchanan, Va. Hayes, Osborne, Van Schaick, Mr. MORRILL with Mr. DOCKERY. Mr. DocirnRY would vote against Bunn, Hemphill, Owens, Ohio Venable, . Burton, Herbert, Parrett, Walker, Mo. this amendment. Bynum, Hill, Paynter, Washington, Mr. FITHIAN with Mr. SMITH, of Illinois, for the remainder of this Cannon, Hooker, Payson, Wheeler, Ala.. day. Carter, Hopkins, Peel, Whiting, Caruth, Kinsey, Quinn, Wike, Mr. JOSEPH D. TAYLOR with Mr. CARLTON, on this vote. ff pres­ Chipman, La Follette, Reed, Iowa Wiley, ent Mr. TAYLOR would vote for the amendment, and Mr. CARLTON Clancy, Lane, :Reilly, Willcox, against it. Clark, Wis. Lanham, Reyburn, Williams, Ill. Clements, Lansing, Rife, Williams, Ohio Mr. DARLINGTON with Mr. MOORE, of Texas, on all political ques­ Clunie, Lawler, Robertson, Wilson, Mo. tions from March 28 until Monday week. Cobb, Lee, Rockwell, Wilson, Wash. Mr. '!'AYLOR, of Tennessee, with Mr. O'NEALL, of Indiana, on all Cogswell, Lehlbach, Rogers, political questions, from March 24 until April 13, both days inclusiv~. NOT VOTING-142. (This pair is not transferable.) Abbott, Dockery, Lester, Ga. Sanford, The result of the vote was then announced as above recorded. Alderson, Elliott, Lodge, Sawyer, The SPEAKER. The question now is upon.ordering the bill to be Atkinson, Pa. Ellis, Magner, Seney, Atkinson, W. Va. Enloe, Mc(,"arthy, Simonds, engrossed for a third reading. Bartine, Evans, McCormick, Smith, Ill. Mr. PICKLER. Mr. Speaker, I desire to submit an amendment. Belden, Ewart, McKenna, Stephenson, Mr. CUTCHEON. I move the previous question on the passage of Biggs, Farquhar, McKinley, Stewart, Ga.. Bingham, Fitch, Milliken, Stewart, Vt. the bill. Blanchard, Fithian, Miles, Stivers, Mr. PICKLER. Mr. Speaker, I offered my amendment before the Bliss, Flood, Moffitt, Stone, Mo. previous question was demanded. Boulelle, Flower, Moore, Tex. Stump, Brosius, Forman, Morey, Taylor, Ill. The SPEAKER. The gentleman in charge of the bill is entitled to Brower, Fowler, Morrill, Taylor,J.D. recognition under the practice of the House, and if the House desires .· Brown, J. B. Gest, Morrow, Taylor, Tenn. any further amendments the previous question can be voted down. Browne, T. M. Gifford, Mudd, Thomas, Browne, Va. Greenhalge, Niedringhaus, Thompson, Mr. CHEADLE. Mr: Speaker, I rise to a parliamentary inquiry. .Buchanan, N. J. Grimes, Norton, Turner, Ga. The SPEAKER. The gentleman will state it. Buckalew, Grosvenor, Oates, Turner, Kans. Mr. CHEADLE. I wish to know whether a provision authorizing Bullock, Grout, O'Nea11, Ind. Turpin, Caldwell, Hall, O'Neill, Pa. Wade, the Government to engage in the whisky business has ever been con­ Oampbell, Harmer, Outhwaite, Walker, Mass. tained in any previous appropriation bill. Candler, Ga. Hatch, Penington, Wallace, Mass. The SPEAKER. That is not a parliamentary inquiry. Candler, 1\Ia.ss. Haynes, Perkins, WaHace, N. Y. Carlisle, Heard, Perry, Watson, Mr. CHEADLE. I think if I could get an answer to that ques­ Carlton, Henderson, Ill. Phelan, Wheeler, Mich. tion-- Catchings, Henderson, N. C. Pierce, Whitthorne, Mr. PICKLER. I had obtained the floor and offered my amendment Cheatham, Hermann, Post, Wickham, Olarke, Ala. Hitt, Price, Wilber, before the previous question was ordered; and under the rule, Mr. Cooper, lud. Holman, Quackenbush, Wilkinson, Speaker, after a bill has been reported from the Committee of the Whole Cothran, Houk, Raines, Wilson, Ky. with amendments, it is in order to submit additional amelldments; Crain, KelJey, Randall, Mass. Wilson, W. Va. Cummings, Kennedy, Randall, Pa.. Wise. that the first question iR upon the amendments reported by the Com­ Davidson, Kerr, Pa. Richardson, Yardley, mittee of the Whole, if the previous question be not ordered. Now, De Haven, Ketcham, Rowell, Yoder. Mr. Speaker, I offered this amendment, aqd the previous question was De Lano, Kilgore, Rowland, Dingley, Knapp, Rusk, not moved until I had offered it. I submit, therefore, that I am in order. The amendment-- So the amendment was rejected. The SPEAKER. The gentleman from South Dakota is correct. The The following pairs were announced until further notice: Chair supposed it was in answer to an inquiry. The Clerk will report 1\fr. WILBER "With Mr. RANDALL, of Pennsylvania. the amendment. Mr. THOMPSON with Mr. TURNER, of Georgia. The Clerk read as follows: Mr. EVANS with Mr. PERRY. Ameµd by adding, after the word ''dollars," in lin~ 4, on page 17, the follow­ Mr. WICKHAM with Mr. CoTHRAN. ing words: Mr. WADE with Mr. NORTON. "Prcn'ided, That no article the sale of which is prohibited by State or Terri­ torial Jaw shall be sold or offered for sale at any canteen provided for by this Mr. CALDWELL with Mr. McCARTHY. ad within such State or Territ.ory." Mr. ATKINSON, of Pennsylvania, with Mr. FORMAN. Mr. ·KENNEDY with Mr. YODER. Mr. PICKLER. I think everybody can vote for that. Mr. CUTCHEON. I have no objection that. Mr. ATKINSON, of West Virginia, with Mr. ALDERSON. to The question was put; and the Speaker announced that the ayes Mr. BELDEN with Mr. FLOWER. seemed to have it. · Mr. POST with Mr. JASON B. BROWN. Mr. THOMAS M. BROWNE with Mr. KERR, of Pennsylvania. Several MEMBERS. Division. Mr. GIFFORD with Mr. TURPIN on contested elections. The SPEAKER. No gentleman bas arisen and asked for a division. . . ~ Mr. SPRINGER (rising). Division, Mr. Speaker. Mr. FINLEY with Mr. CANDLER, of Georgia. (This is not trans­ ferable.) The House divided; and there were-ayes 39, noes 82. PICKLER and Mr. STRUBLE. Yeas and nays. ·- Mr. FLOOD with Mr. HENDERSON, of North Carolina. (This pair Mr. not transferable.) The yeas and nays were ordered. For the rest of this day: The question was taken on the adoption of the amendment; and it .· Mr. KNAPP with Mr. CARLISLE. was decided in the negative-yeas 72, nays 97, not voting 160; as fol­ lows: Mr. DE LANO with Mr. PIERCE. YEAS-72. Mr. MILES with Mr. HOOKER. Allen, Mich. Brewer, Dibble, Haugen, Mr. GROSVENOR with.Mr. FOWLER. Allen, Miss. Buchanan, Va. DolJiver, Henderson, Iowa Mr. SIMONDS with Mr. ELLIOTT. Anderson, Kans. Butterworth, Dorsey, Hill, Mr. LODGE with Mr. BuCKALEW. Anderson, Miss. Cheadle, Dunnell, Hopkins, Baker, Coleman, Edmunds, Kerr, Iowa Mr. RICHARDSON with Mr. STIVERS. Banks, Comstock, Featherston, Lacey, Mr. YARDLEY with Mr. OUTHW.AITE. Belknap, Cooper, Ohio Finley, Laidlaw, Mr. QUACKENBUSH with Mr. FITCH. Bergen, Craig, Flick, Lansing, Boothman, Culbertson, Pa. Funston, Laws, Mr. KETCHAM with Mr. PENINGTON. Boutelle, Dalzell, Hansbrough, Lee, XXI-180 ,._ '· . I ~ • • , .. · ~· ''\

2866 CONGRESSIONAL RECORD-HOUSE. MARCH 31,

Lewis, Owen, Ind. Rowland, Stockdale, Mr. CUTCHEON moved to reconsider the vote by which the bill was Lind, Payne, Russell, Struble, passed; and also moved that the motion to reconsider be laid on the Mccomas, Payson, Scranton, Sweney, McKinley, Peters, Scull, Taylor,E.B. table. Moore,N.H. Pickler, Skinner, Tucker, The latter motion was agreed to. Morse, Pugsley, Smith, ·w. Va. Vandever, Mr. CUTCHEON. I have been requested by several gentlemen to O'Donnell, Ray, Smyser, Williams, Ohio O'Ferrall, Rife, Stockbridge, Wright. ask unanimous consent that remarks upon this bill which have not J been delivered may be printed in the RECORD. NAYS-97. Mr. PICKLER. I object. Adams, Clunie, Maish, Sayers, , Andrew, Cobb, Mansur, Snider, ORDER OF BUSINF..SS. - Bankhead, Cogswell, Martin, Ind. Spinola., ' Barnes, Covert, Martin, Tex. Spooner, Mr. ROCKWELL. I ask unanimous consent for the present consid- Barwig, Crisp, McAdoo, Springer, eration of tbe bill which I send to the desk. Bayne, Culberson, Tex. l\IcClella.n, Stahlnecker, Mr. BLOUNT. I move that the House do now adjourn. Beckwith, Cummings, McCord, Stewart, Tex. Bland Cutcheon, McRae, Stone, Ky. Mr. MANSUR. Before that motion is put I ask consent-- Blou;:ft, Dargan, Mills, Tarsney, The SPEAKER. The question is on the motion of the gentleman :Boatner, Dunphy, Montgomery, Tillman, from Georgia that the Ho~se do now adjourn. Breckinridge, Ark. Forney, Morgan, Townsend, Colo. Breck:inr.idge, Ky. Fr1mk, l\:Iutchler, Tracey, The motion was agreed to. BricknEll", Geissenhainer, O'Ne'l, Mass. Turner, N. Y. ENROLLED BILLS SIGNED. Brookshire, Gibson, Osborne, Van Schaick, Brunner, Goodnight, Owens, Ohio Venable, Pending the announcement of the result, Burton, Ha.re, Parrett, Walker, Mo. Mr. MOORE, of New Hampshire, from the Committe9 on Enrolled Bynum, Ha.yes, Paynter, Wheeler, Ala, Cannon, Hemphill, Peel, Whiting, Bills, reported that they had examined and found truly enrolled bills Carlton, Hooker, Price, Willcox, of the following titles; when the Speaker signed the ~ame: Carter, Kinsey, Quinn, Williams, Ill. A bill (S. 2501) t.o provide for an Am.13rican register for a steamer to Caruth, Lane, Reilly, Wilson, Mo. Chipman, Lanham, Reyburn, Wilson, Wash. be named San Benito, owned by acorporationoftheSta.teofCalifornia; Clancy, Lawler, Robertson, A bill (S. 1982) granting a pension to Mrs. Minerva Jane Olive; Olark, Wis. Lehlbach, Rockwell, A bill (S. 2447) to extend to Tampa, Fla., the privilege of immedi­ Clements, Lester, Va. Rogers, ate transporta.tion of unappraised merchandise; NOT VOTING-160. A bill (S. 247) granting a pension to Minnie A. Bailey; and Abbott, De La.no, La Follette, Sanford, A bill(~. 1983) granting a pension to George B. Smith. 1· Alderson, Dingley, Lester, Ga. Sawyer, Arnold, Dockery, Lodge, Seney, LEAVE OF ABSENCE. Atkinson, Pe.. Elliott, Magner, Sherman, By unanimous consent, leave of absence was granted as follows: Atkinson, W. Ve.. Ellis, l\lason. Shively, Bartine, Enl•e, McCarthy, Simonds, To Mr. FORMAN, for fifteen days, on account of important business. Belden, Evans, l\foCla.rnmy, Smith, lll. To Mr. ATKINSON, of West Virginia, for fourorfivedays1 onaccount Biggs, Ewart, McCormick, Stephenson, of sickness in his family. Bingham. Farquhar, McCreary, Stewart, Ge.. Blanchard, Fitch, McKenne., Stewart, Vt·. To Mr. FLOWER, for two days, on account of important business. Bliss, Fithian, McMillin, Stivers, To Mr. SMITH, of Illinois, on account of important business. Bowden, Flood, Miles, Stone, Mo. The House then (at 5 o'clock and 35 minutes p. m.) adjourned.. Brosius, Flower, Milliken, Stump, Brower, Forman, Moffitt, Taylor, Ill. Brown, J.B. Fowler, Moore, Tex. Taylor, J. D. Browne, T. M. Gear, Morey, Taylor, Tenn. RESOLUTIONS. Browne, Ve.. Gest, Morrill, Thomas, Under clause 3 of Rule XXII, the following resolutions were intro­ , . Buchanan, N. J. Gifford, l\:Iorrow, Thompson, Buckalew, Greenhalge, Mudd, Townsend, Pa. duced and referred as follows: Bullock• Grimes, Niedringhaus, Turner, Ga. By Mr. QUACKENBUSH: Bunn, Grosvenor, Norton, Turner, Kans. Burrows, Grout, Nute, Turpin, Resolved, That the Doorkeeper of the House be, and he is hereby, authorized -- Caldwell, Hall, Oates, Wade, and directed to appoint Judson H. Marsh an additional page of the House and Campbell, Harmer, O'Nea.11, Ind. Walker, Mass. assign him to attend as an additional messenger to the Committee on Military Candler, Ga. Hatch, O'Neill, Pa. Wallace, Mass. Affairs; Candler, Mass. Haynes, Outhwaite, Walla.ce,N. Y. to the Committee on Accounts. Carlisle, Heard, Penington, Washington, By Mr. HENDERSON, of Iowa: Caswell, Henderson, Ill. Perk.ins, Watson, Catchings, Henderson,N.C. Perry, Wheeler, Mich. Resol1•ed, That Tuesday, the 15th day of April, 1890, after sixty minutes of the Cheatham, Herbert, Phelan, Wbitthorne, morning hour have passed, be fixed for the consideration, in Committee of the Clarke, Ala. Hermann, Pierce, Wickham, Whole House on the state of the Union, of the bill (H. R. 8151) to promote the Conger, Hitt, Post, Wike, efficiency of the militia., and at 4. o'clock and 30 minutes p. m. the said commit­ Connell, Holman, Quackenbush, Wilber, tee shall report the said bill to the House, with all amendments agreed to, and Cooper, Ind. Houk, Raines, 'Viley, the previous question shall then be considered as ordered on said bill and amend­ Cothran, Kelley, Randall, Mass. Wilkinson, ments; this order not to interfere with the consideration of revenue and general Cowles, Kennedy, Randall, Pa. Wilson, Ky. appropriation bills and prior special orders; Crain, Kerr, Pa. Reed, Iowa. Wilson, W. Va. to the Committee on Rules. Darlington, Ketcham, Richardson, Wise Davidson, Kilgore, Rowell, Yardley, By Mr. HOUK (by request): DeHav~n, Knapp, Rusk, Yoder. Resolved, That the Select Committee on the Election of President, Vice-Pres­ ident, and Repre..sentatives in Congress is hereby instructed to inquire into the .' So the amendment was rejected. propriety of adopting and purcaasing a ballot-box to be used in all elections for The following additional pairs were announced for the rest of this Represent&tives t-0 Congress and electors for United States Senators, and to re­ day: port by bill or otherwise; Mr. BROSIUS with Mr. HERBERT. to the Select Committee on the Election of President, Vice-President, Mr. BOWDEN with Mr. COWLES. and Representatives in Congress. Mr. BUCHANAN, of New Jersey, with Mr. SHIVELY. By M.r. McKINLEY: Mr. .JOSEPH D. TAYLOR with l\Ir. CARLTON. Resotved, That on and after the 3d day of April, 1890, the HoUBe shall assemble Mr. MUDD and Mr. RUSK were announced as paired until further dsily at 11 o'clock a. m.; notice. to the Committee on Rules. Mr. KILGORE. Mr. Speaker, I am paired with the gentleman from By Mr. CONGER: Tennessee [Mr. HouK]. If I were not paired, I should vote "no." .Resol'Oed. That Tuesday, April 15, immediately a.fter the approval of the Journal, be fixed for the consideration of H. R. 5381, authorizing the issue ot On motion of Mr. ANDERSON, of Kansas, the recapitulation of Treasury notes on dep?sit of silv~r b~llion._~d this shall be a continuing names of members voting was d·ispensed with. order, not, however, to mterfere with bills raismg revenue, general appropri­ The result of the vote was then announced as above recorded. ation bills, nor special orders already made; Mr. CUTCHEON. I move the previous questim;i upon ordering the to the Committee on Rules. bill as amended to be engrossed and read a. third time. Mr. PICKLER. No quorum, Mr. Speaker• . REPORTS OF COMMITTEES. The SPEAKER. Upon what ground does the gentleman say there is no quorum? Under clause 2 of Rule XIII, reports of committees were delivered Mr. PICKLER. Not enough votes cast. to the Clerk and disposed of as follows: The SPEAKER. The yeas were 72 and the nays 97, making 169. Mr. BROWER, from the Committee on War Claims, reported favor­ [Laughter.] ably the bill of the Senate (S. 1016) for the relief of Mrs. Sarah A. Mr. SPRINGER. I am sorry to see a disposition to filibuster on Wood-to the Committee of the Whole Howse. an appropriation bill. [Laughter.] Mr. DUNPHY, from the Committee on Claims, to which was re­ The previous question was ordered; and under the operation thereof ferred the petition of George C. Ellison, asking to be reimbursed for. the bill was ordered to be engrossed and read a third time; and be­ loss of salary withheld and for expense.a incurred in his defense in and1 ing engrossed, it was accordingly read the third time, and paa.sed. during a prosecution growing out of the discharge of his duty as chief

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1890. CONGRESSIONAL RECORD-HOUSE. 2867

engineer of the House of Representatives of the Forty-fifth Congress, California Railway Company to construct and operate a railway through reported a bill (H. R. 8827) to provide for the reimbursement of costs the Indian Territory, and for other purposes-to the Committee on In­ and expenses in certain judicial proceedings, and for the relief of Geor~e dian Affairs. C. Ellison, late chief engineer of the House of Representatives; which By Mr. WALLACE, of New York: A bill (H. R. 8830) to regulate was read twice, and referred to the Committee of the Whole House. the course of study at the Naval Academy, and for other purposes-to Mr. MORRILL, from the Committee on Invalid Pensions, reported the Committee on Naval Affairs. with amendment the bill of the House (H. R. 8297) providing for a By Mr. TARSNEY: A bill (H. R. 8831) to amend an act entitled service pension for the soldiers of the rebellion, and their widows, and "An act authorizing the construction of a bridge over the Missouri for other purposes-to the Committee of the Whole Honse on the state River at or near Kansas City, Kans., and not over 10 miles above the of the Union. Hannibal and St. Joseph Railway bridge at Kansas City, Mo.,'' approved Mr. DINGLEY, from the Committee on Ways and Means, reported March 1, 1889-to the Committee on Commerce. favorably the bill of the Senate (S. 3025) to enable the Secretary of the By Mr. WILSON, of Missouri: A bill (H. R. 8832) to grant Lake Treasury to gather full and authentic information as to the present Contrary to the city of St.. Joseph, in the State of Missouri-to the condition and prPservation of the fur-seal interests of the Government Committee on the Public Lands. in the region of Alaska, as compared with its condition in 1870; also By Mr. CARTER (by request): A bill (H. R. 8833) for the relief of full information as to the impending extinction of the sea-otter indus­ the officers and crew of the North Pacific and Arctic exploring e;pe­ try, and kindred lines of inquiry, etc.-to the Committee of the Whole dition in 1853, 1854, 1855, and 1856-to the Committee on Naval Affairs. House on the state of the Union. By Mr. SPRINGER: A bill (H. R. 8834) for the erection of a pub­ Mr. STROBLE, from the Committee on the Territiories, reported lic building at Jacksonville, Ill.-to the Committee on Public Build· with amendment the bill of the House (H. R. 6975) to provide for an ings and Grounds. additional associate justice of the supreme court of Arizona-to the Also, a bill (H. R. 8835) for the erection of a public building at Pe­ Committee of the Whole House on the state of the Union. kin, Ill.-to the Committee on Public Buildings and Grounds. Mr. THOMAS, from the Committee on War Claims, to which was Also, a bill (H. R. 8896) authorizing the President to appoint and referred the bill of the House (H. R. 7199) for the relief of George T. retire NATHANIEL P. BANKS as a major-general in the United States Vance and Guy S. Vance, executors of the estate of William Vance, Army-to the Committee on Military Affairs. deceased, late of Memphis, Tenn., reported as a substitute therefor the By Mr. BLISS: Jeint resolution (H. Res.137) to provide for bind­ following resolution, namely: ing 30,000 copies of the Congressional Globe, stored in the Government .Resolved, That the claim represented by the bill H. R. 7199, with all the papers Printing Office, and for their distribution-to the Committee on Print­ relating thereto, be, and the same hereby are, referred to the Court of Claims ing. to find the facts under the provisions of the act of Oongress of March 3, 1883, chapterll6, commonly called the "Bowman act," as a.mended by section 14, chapter 3.59, of the &ct of March 3, 1887, commonly called the Tucker act; PRIVATE BILLS, ETC. to the Committee of the Whole House. Mr. THOMAS also, from the Committee on War Claims, reported Under clause 1 of Rule XXII, private bills of the following titles with amendment the bill of the House ( H. R. 2070) for the relief of F . . were presented and referred as indicated below: . M. Wadley-to the Committee of the Whole House. By Mr. ANDERSON, of Kansas: A bill (H. R. 8836) for the relief of Mr. HALL, from the Committee on Indian Affairs, reported with John C. Estes-to the Committee on Military Affairs. amendment the bill of the House (H. R. 7898) to allow right of way By Mr. ALLEN, of Mississippi: A bill (H. R. 8837) for the relief of Thomas P. Young, of County, Mississippi-to the Committee on through Indian reservation-~ the House Calendar. Alcorn .Afr. STONE, of Kentucky, from the Committee on War Claims, re­ War CJaims. ported favorably the foJlowing bills; which were severally referred to By Mr. ATKINSON, of West Virginia: A bill (H. R. 8838) to remove the Committee of the Whole House: the charge of desertion from the records of the War Department as to A bill of the Senate (S. 289) for the relief of the trustees of the Ger­ Henry Boreman-to the Committee on Military Affairs. man Evangelical Church of Martinsburgh, W. Va.; Also, a. bill (H. R. 8839) for the relief of the heirs of the late Moses A bill of the House (H. R. 2937) for the relief of Merritt Rose; Cunningham-to the Committee on War Claims. A bill of the Honse (H. R. 4314) for the relief of the sureties of Also, a bill (H. R. 8840) to remove the charge of desertion from the Dennis Murphy; and records of the War Department as to Henry T. Davis-to the Commit­ , A bill of the House (H. R. 2856) for the reliefof Edward P . .Alsbury, tee on Military Affairs. ' sole surviving heir of Harriet R. Alsbury. Also, a bill (H. R. 8841) increasing the pension of Emanuel Davis­ Mr. STONE, of Kentucky, also, from the Committee on War Claims, to the Committee on Invalid Pensions. reported with amendment the following bills of the House; which were Also, a bill (H. R. 8842) granting relief to Joseph B. Harrison for severally referred to the Committee of the Whole House: property taken from him by General Jones, of the Confederate army­ .. A bill (H. R. 4217) for the relief of Samuel Berry; to the Committee on War Claims. - A hill {H. R. 1351) for the relief of James C. Newman; and · Also, a bill (H. R. 8843) granting a pension to George W. Hedrick, A bill (H. R. 2768) for the relief of Charles A. Danolds. late of Company B, Seventh Regiment West Virginia Volunteer Infan· Mr. CAREY, from the Committee on Military Affairs, reported favor­ try-to the Committee on Invalid Pensions. ably the bill of the House (H. R. 3164) for the relief of Peter Cren­ Also, a bill (H. R. 8844) to remove the charge of desertion from the shaw-to the Committee of the Whole House: record.:; of the War Department as to David P. McMorrow-to the Com­ Mr. CUTCHEON, from the Committee on Military Affairs, to which mittee on Military Affairs. were referred varionsjointresolutions of the House, petitions, and me­ Also, a bill (H. R. 8845) for the relie.& of John W. Ramsburg, for morials relative to the appointment of Managers of the National Home lumber taken during the late war-to the Committee on War Claims; for Disabled Volunteer Soldiers; also the annua.l report of the Board of Also, a bill (H. R. 8846) granting a pension to Isaac Sturm: late a private in Company A, One Hundred and forty-eighth Regiment of Managers of said home, repor~d, as a substitute for said joint resolu-· tions, a joint resolution (H. Res. 138) to increase the number of mem­ Virginia Militia-to the Committee on Invalid Pensions. bers of the Board of Managers of the National Home for Disabled Vol­ By Mr. BELKNAP: A bill (H. R. 8847) authorizing the President unteer Soldiers and to fill vaeancies in such board; which was read to place upon the retired-list of the Army James W. Long, late a capt­ twice, and referred to the House Calendar. ain in the United States Army-to the Committee on Military Affairs. By Mr. BINGHAM: A bill (H. R. 8848) for the relief of Patrick Hy­ land-to the Committee on Military .Affairs. BILLS AND JOINT RESOLUTIONS. By Mr. BROWNE, of Virginia: A bill (H. R. 8849) for the relief of Under clause 3 ofRuleXXII, bills and joint resolutions of the follow­ Benwood Hunter, late private in Putnam Rangers, District Scouts­ ing titles were introduced, severally read twice, and referred as follows: the Committee on Invalid Pensions. By Mr. SNIDER: A bill (H. R. 8824) to incorporate the Washington By Mr. BUTTERWORTH tby request): A bill (H. R. 8850) grant­ and Great Falls Electric Railway Company-to the Committee on the ing a pension to Frederick Ford-to the Committee on Invalid Pen­ District of Columbia. sions. By Mr. HERMANN: A bill (H. R. 8825) to prescribe proof of natu­ Also (by request), a bill (H. R. 8851) for relief of Elizabeth J. Ser­ ralization to be furnished with entries of public lands-to the Commit­ rels-to the Committee on Invalid Pensions. .· tee on the Public Lands. By Mr. CANNON: A bill (H. R. 8852) granting accrued pension to By Mr. DIBBLE: A bill (H. R. 8826) granting the right of way the heirs of Abel Carne.ci, deceased-to the Committee on Invalid Pen­ through the custom-house grounds at Charleston, S. C., for the exten­ sioru;. sion of Concord street-to the Committ.ee on Public Buildings and Also, a bill (H. R. 8853) granting pension to the heirs of James F. Grounds. Cassatt--to the Committee on Invalid Pensions. By Mr. FINLEY: A bill (H. R. 8828) giving a military and pension­ By l\fr. CARUTH: A bill (H. R. 8854) granting an increase of pen­ able status to the officers, enlisted men, their wives, children, and de­ sion to Mrs. Anna E. Pennebaker-to the Committee on Invalid Pen· pendent parents, of all military organizations of the loyal States during sions. the late civil war-to the Committee on Military Affairs. By Mr. CRAIG: A bill (H. R. 8855) for the relief of William Scott-- . By Mr. PEEL: A bill (H. R. 8829) to authorize the St. Louis and to the Committee on Claims.

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2868 CONGRESSIONAL RECORD-HOUSE. MARCH 31,

By Mr. DE LA.NO: A bill (H. R. 8856) ior the relief of James A. PETITIONS, ETC. Hull-to the Committ.ee on Invalid Pensions. By Mr. GEST: A bill (H. R. 8857) to grant a pension to Charlotte A. Under clause 1 of Rule XXII, the following petitions and papers were Heavilin-to the Committee on Invalid Pensions. laid on the Clerk's desk and referred as follows: By Mr. HAUGEN: A bill (H. R. 8858) for the relief of .Anne C. By Mr. ANDERSON, of Kansas: Petitions, etc., against extending Livingston-to the Committee on War Claims. the time for the payment of the indebtedness of the Union Pacific Rail­ By Mr. HARMER: A bill (H. R. 8859) granting a pension to John road to the Government; which were severally referred to the Commit­ K. McGinly-to the Committee on Invalid Pensions. tee on the Pacific Railroads, as follows: By Mr. HATCH: A bill (H. R. 8860) granting a pension to Edward Petition of 31 members of Gage County (Kansas) Farmers' Alliance. Ring-to the Committee on Pensions. Petition of 30 members of Oak Creek Alliance, Negunda, Nebr. By Mr. HAYES: A bill (H. R. 8861) granting a pension to Jane N. Petition of Alliance No. 852, Osceola, Nebr., of 155 members. Terry-to the Committee on Invalid Pensions. Petition of a Farmers' Alliance of Nebraska, of 56 members. . By Mr. KELLEY: A bill (H. R. 8862) forthereliefofCatherine Will­ Protest of 70 citizens of Nebra.ska . iams-to the Committee on Invalid Pensions. Pet~t!on of 31 members of Ulysses Alliance; Nebraska. By Mr. LAWLER: A bill (H. R. 8863) for the relief of Lemuel C. Petition of 4-l members of Alliance No. 544, Crystal, Nebr. Canfield-to the Committee on War Claims. Petition of Alliance No. 689, 55 members, Beaver City, Nebr. Also, a bill (H. R. 8864) to remove the charge of desertion from the Petition of Aurora (Nebr.) Alliance No. 731, with 19 members. Petition of 18 members Farmers' Alliance, Nebraska. m~litary. record of William N. Pringle, late private in Company B, Nrnety-e1ghth New York Volunteers-to the Committee on Military Petition of ~5 members of Alliance at Gibbon, Nebr. Affairs. Petition ofl40 members of St. Paul (Nebr.) Alliance. By Mr. McCLELLAN: A bill (H. R. 8865) granting a pension to Petition of28 members of Cameron (Nebr.) Alliance. Angelina Silver-to the Committee on Invalid Pensions. Petition of 34 members ot Seney Alliance, Nebraska. By Mr. McCREARY: A bill (H. R. 8866) for the relief of James D. Pe~t~on of 57 members of Alliance No. 757: Shickley, Nebr. Bastin-to the Committee on War Claims. Petition of 12 members of Nebraska Alliance. Also, a bill (H. R. 8867) for the relief of Matt Wakefield, adminis- Petition of 130 members of Divide Alliance, Phelps County, Ne- trator of M.A. Wakefield-to the Committee on War Claims. · braska. . By Mr. MASON: A bill (H. R. 8868) for the relief of Charles T. Petition of Weeping Water Alliance, 165 members, Nebraska. Garrard-to the Committee on M:ilitarv Affairs. Pe~t~on of Rushville (Nebr.) Alliance, 25 members. Also, a bill (H. R. 8869) for thereliefofMaryP. Wilson-totheCom­ Pe~t~on of 33 members of Mount Olive Alliance, No. 572, Nebraska. mittee on Invalid Pensions. Petition of 12 members of State of Nebraska Alliance. By Mr. MOREY: A bill (H. R. 8870) granting a pension to Samuel Pet~~on of 24 members of .All.iance No. 887, Johnson, Nebr. Bell-to the Committee on Invalid Pensions. Petit10n of 77 members of Alliance in Nebraska. Also, a bill (Ii. R. 8871) granting a pension and arrearages to Eliza­ Petition of 37 members of Alliance of State of Nebra.ska. beth Owens-to the Commi~e on Invalid Pensions. Petition of 111 members of Alliance of State of Nebraska. Also, a bill (H. R. 8872) granting a pension to William R. Stuart­ Petition of 37 members of Alliance of State of Nebraska. to the Committee on Invalid Pensions. Petition of 38 members of Alliance in State of Nebraska. By Mr. MORROW: A bill (H. R. 8873) to restore to the pension-roll Pet~t~on of 13 members of Antelope (Nebr.) Alliance, No. 1083. the name of Carlton R. Cheney-to the Committee on Invalid Pensions. Petition of18 members of Alliance in State of Nebraska. By M~. PRICE (by request): A bill (H. R. 8874) forthereliefofMrs. Petition of 15 members of Alliance in State of Nebraska. E. H. Briant, of La Fourche Parish, Louisiana-to the Committee on Petition of 9 members of State of Nebraska Alliance. War Claims. Petition of23 members of an Alliance in Nebraska. By Mr. SNIDER: A bill (H. R. 8875) for the relief of tbe heirs or Petition of 27 members of an Alliance in the State of Nebraska. legal representatives of George N. Morgan-to the Committee on Mili­ Petition of 38 members of an Alliance in Nebraska. -\ tary Affairs. Petition of 17 members of an Alliance in Nebraska. . B! Mr. SPOONER: A bill \H. R. 8876) granting a pension to Ben- Petition of 39 members of :m Alliance in Nebraska. 1amm Bogman-to the Committee on Invalid Pensions. Petition of 21 members of an Alliance in Nebraska. . By l\f~. STOCKBRIDGE (by request): A bill (H. R. 8877) for the re­ Petition of 41 members of Tecumseh Allia•ice, Nebraska. -' hef of Nicholas Ganster-to the Committee on Military Affairs. Petition oi 37 members of an Alliance in Nebraska. By Mr. STRUBLE (by request): A bill (H. R. 8878) for the relief of Petition of26 members of an Alliance in Nebraska. George E. Butin-to the Committee on Military Affairs. - Petition of 50 members of an Alliance in Nebraska. Also (by request), a bill (ff. R. 8879) for the relief of John Butler­ Petition of 10 members of an Alliance in Nebraska. to the Committee on Military Affairs. Petition of 12 members of an Alliance in Nebraska. Also (by request), a bill (H. R. 8880) for the relief of Joseph M. Pet~t~on of 20 members of Venango Alliance, Nebraska. Clark-to the Committee on Military Affairs. Pet:t~on of 16 members of Alliance No. 446, Stratton, Nebr. Also (by request), a bill (H. R. 8 81) for the reliefof Willis F. Han­ Petition of 45 members of an Alliance in Nebraska. son-to the Committee on Military Affairs. Pet~t~on of 22members of El wood Alliance, Jasper County, Nebraska. Also (by request), a bill (H. R. 8882) for the relief of Benjamin F. Petition of 40 members of No. 628 Alliance Aurora Nebr. Hershe-to the Committee on Military Affairs. Petition of 50 members of an Alliance in th~ State of Nebraska. Also (by request), a bill (II. R. 8883) for the relief of Michael Petition of 10 members of Cowles Alliance, Nebraska. Houps-to the Committee on Military Affairs. Petition of 35 members of Stratton Alliance Nebraska. Also (by request), a bill (H. R. 8884) for the relief of Theodore S. Petition of 38 members of an Alliance in th~ State of Nebraska. Loveland-to the Committee on Military Affairs. Pet~~on of 21 members of Randolph Alliance, Nebraska. Also (by request), a bill (H. R. 8885) for the relief of Daniel Madden­ Petition of 49 members of Alliance No. 948, Odell, Nebr. to the Committee on Military Affairs. Petition of 95 members of Afton Alliance. Nebraska. Also (by request), a bill (H. R. 8886j tor thereliefof AugustSchlapp­ Petition of 10 members of Alliance No. 1io1, BeatriCP. Nebr. to the Committee on Military Affairs. Petition of 27 members of Malcolm Alliance Nebrask~. Also (by request), a bill (H. R. 8887) for the relief of Austin A. Scott­ Petition of 45 members of No. 955, Blue Hiil Alliance Nebr. to the Committee on Military Affairs. Petition of 18 members of Alliance at Fremont Nebr.' Also (by request), a biU (H. R. 8888) for the relief of Ira Seeley-to Petition of 15 members of an Alliance in the S~te of Nebraska. the Committee on Military Affairs. Petition of 31 members of Big Sandy Ranch Rush Star Alliance, ill Also {by request,) a bill (H. R. 8889) for the relief of Orcinus C. Sny- Nebraska. der-to the Committee on Military Affairs. · Petitiou of 34 members of Sappa Alliance, Nebraska. Also, a bill (ff. R. 8890) granting an increase of pension to Lewis Petition of29 members of an Alliance in the State of Nebraska. Solomon~ a private in Company A, First Indiana Infantry, Mexican­ Petition of 16 members of an Alliance in the State of Nebraska. war sernce-to the Committee on Pensions. Petition of 41 members of an Alliance in the State of Nebraska. Also (by request), a bill (H. R. 8891) for the relief of Abram Tread­ Petition of 28 members of an Alliance in the State of Nebraska. well-:to the Commitwe on Military Affairs. Petition of 24 members of an Alliance in Nebraska. ~lso (by request), ~ bill (H. R. 8892) for the relief of Henry H. Petition of 47 members of an Alliance in Nebraska. Wnght-to the Comnuttee on :Military Affairs. Petition of 34 members of Guide Rock Alliance, Nebra.ska• .BY Mr. TARSNEY:. A bill (H. R. 8893) for the relief of Charles Petition of 62 members of an Alliance in Nebraska. P1tcher--to the ComIOJ.ttee on the Public Lands. Petition of 79 members of an Alliance in Nebraska. By.Mr; W!fEELER, of Alabama: A bill (H. R. 8894) providing for Petition of 45 members of an Alliance at Johnson Nebr. the distribution of seeds-to the Committee on Agriculture. Petition of 114 members of an Alliance in Nebraska. By Mr. WILSON, of Kentucky: A bill (H. R. 8895) for the relief of Petition of48 members of an AJliance in Nebraska. Sa~uel May, of Floyd County, Kentucky-to the Committee on War Petition of 66 members of an AJliance in Nebraska. Petition of 43 members of an Alliance in Nebraska. ' . Claims.

/ .- -.:::...... • I : ... 1890. CONGRESSIONAL RECORD-HOUSE. 2869

Petition of 15 members of an Alliance in Nebraska. Petition of 28 members of an Alliance in Nebraska. Petition of24 members of Friendship Alliance, No. 1147, Nebraska. Petitions from 164 members of six Farmers' Alliances in the State of Petition of73 members of an Alliance in the State of Nebraska. Nebraska, asking for the free and unlimited coinage of silver-to the Petition of 41 members of an Alliance in Nebraska. Committee on Banking and Currency. Petition of29 members of an Alliance in the Stat1' of Nebraska. By Mr. BARNES: Petition of 8 members of the bar of Augusta, Petition of 14 members of an Alliance in Nebraska. Ga., for reliefofthe Supreme Court of the United States-to the Com­ Petition of 53 members of an Alliance in Nebraska. mittee on the Judiciary. Petition of 17 members of an Alliance in Nebraska. By Mr. BELDEN: Petition of 98 cW.zens of Cortland County, New ... Petition of 74 members of an Alliance in the St.ate of Nebraska. York, praying fora law prohibitingthesaleoffermentedliquors within Petition of 32 members of an Alliance in Nebraska. soldiers' homes, arsenals, recruiting stations, navy-yards, forts, and bar­ Petition ofl7 members of an Alliance in Nebraska. racks-to the Sdect Committee on the Alcoholic Liquor Traffic. Petition of 57 members of an Alliance in Nebraska. Also, a petition of 319 citizens of Onondaga County, New York, upon Petition of 47 members of an Alliance in Nebraska. the same subject-to the Select Committee on the Alcoholic Liquor Petition of18 members of an Alliance in Nebraska. Traffic. Petition of 28 members of an Alliance in Nebraska. By Mr. BELKNAP: Remonstrance of the Woman's National Indian Petition of 15 members of Mullahy Alliance, Harlan County, Ne- Association, of Kentucky, against the passage of any act to force the braska. Ute Indians to remove from their reservations in Colorado-to the Com­ Petition of 47 members of an Alliance in Nebraska. mittee on Indian Affairs. Petition of 41 members of an Alliance in Nebraska. By Mr. BLAND: Petition for pensions for Missouri State Militia-to · Petition of 27 members of an Alliance in Nebraska. the Comrr.ittee on Invalid Pensions. ._ Petition of 68 members of an Alliance in Nebraska. By Mr. BLOUNT: Petition of29 members of the bar of Macon, Ga., Petition of 55 members of anAlliancein Saunders County, Nebraska. for relief of the United States Supreme Court-to the Committee on Petition of 37 members of an Alliance in Nebraska. the Judiciary. Petition of 71 members of an Alliance in Nebraska. Also, a petition from 9 members of the Milledgeville, Ga., bar, pray­ Petition of 28 members of an Alliance in the State of Nebraska. ing for the same relief-to the Committee on the Judiciary. Petition of 20 members of an Alliance in Nebraska. By Mr. BOATNER: Petition of William Kelley, administrator of Petition of 40 members of an Alliance in Nebraska. Luson A. Beggs, ·deceased, late of Madison Parish, Louisiana, for refer· . Petition of 21 members of Blue Valley Alliance, Nebraska. ence of claim to Court of Claims under provisions of the Bowman act­ . Petition of 36 members of an Alliance in Nebraska. to the Committee on War Claims. Petition of 9 members of Summerset Alliance, Nebraska. Also, memorial of Daniel G. Grayson, fo:r relief-to the Committee Petition of 23 members of an Alliance in Nebraska. on War Claims. Petition of 53 members of an Alliance in Nebraska. By Mr. BRECKINRIDGE, of Kentucky: Petition of J. H. Loeven­ Petition of 21 members of an Alliance in :Nebraska. hart, and other citizens of Lexington, Ky., for the passage of H. R. Petition of 137 members of an Alliance in Nebraska. 8278-to the Committee on Commerce. · . Petition of 42 members of an Alliance in Nebraska. By Mr. BROWER: Protest of the New Garden Monthly Meeting of Petition of 29 members of an Alliance in Nebraska. Friends, Guilford County, North Carolina, a,,,aainst the recommenda­ Petition of 41 members of an Alliance in Nebraska. tion of the Senate Naval Committee, and other measures which pro­ Petition from 62 members of an Alliance in Nebraska. pose a large expenditure for Navy and coast defenses-to the Commit- Petition of 21 members of an Alliance in Nebraska. tee on Naval Affairs. _ . Petition of 41 members of an Alliance in Nebraska. Also, protest of the New Garden Quarterly Meeting of Friends in Petition from 26 members of an Alliance in Nebraska. Guilford County, North Carolina, against the recommendation of the Petition from 22 members of an Alliance in Nebraska. Senate Naval Committee, and other mea.sures which propose a. large Petition from 24 members of an Alliance in Nebraska. expenditure for Navy and coast defenses-to the Committee on Naval Petition from 50members of Hayes Nebraska Alliance. Affairs. Petition from 36 members of an Alliance in Nebraska. By Mr. BROWNE, of Virginia: Petition of 36 members of the Vir­ Petition from 132 members of an Alliance in Nebraska. ginia bar for the relief of the United States Supreme Court-to the Com­ Petition from 95 members of Marble Alliance, Nebraska. mittee on the Judiciary. Petition from 150 members of an Alliance in Nebraska. By Mr. BULLOCK: Petition of members of the bar of Ocala, Fla., Petition of 34 members of an Alliance in Nebraska. asking relief of business of the Supreme Court of the United Stat~ Petition from 22 members of an Alliance in Nebraska. to the Committee on the Judiciary. Petition from an Alliance in Nebraska. By Mr. CARLTON: Petition from bar of Washington, Ga., for re­ Petition of 65 members of an Alliance in Nebraska. lief of the Supreme Court of the United States-to the Committee on Petition of 180 members of an Alliance in Nebraska. the Judiciary. Petition from 22 members of Alliance No. 1009, Nebraska. Also, petition from bar of Elberton, Ga., for same purpose-to the Petition from 30 members of anAlliancein Nebraska. Committee on the Judiciary. Petition from 30 members of an Alliance in Nebraska. By Mr. CARTER: Petition of 126 memhers of the Montana bar, for Petition of 13 members of an Alliance in Nebraska. the relief of the Supreme Court-to the Committee on the Judiciary. Petition from 14 members of an Alliance in Nebraska. By Mr. CHIPMAN: Papers in the case of Stephen Martin, applicant Petition from 140 members of an Alliance in Nebraska. for pension by special act-to the Committee on Invalid Pensions. Petition from 60 members of an Alliance in Nebraska. By Mr. COMSTOCK: Petition from Chamber of Commerce of Du­ Petition of 50 members of an Alliance in Nebraska. luth, favoring protection of hemp and flax-to the Committee on Ways Petition from 66 members of an Alliance in Nebraska. and Means. Petition from 231 members of an Alliance in Nebraska. Also, petition of Chamber of Commerce of St. Paul, favoring reci­ Petition of 45 members of an Alliance in the State of Nebraska. procity with Canada-to the Committee on Foreign Affairs. Petition from 70 members of an Alliance in Nebraska. By Mr. CRAIG: Petition of ex-soldiers qf Curlis ville, Clarion County, Petition of Salem Alliance, No. 895, of 39 members, Nebraska. Pennsylvania, for a service-pension law-to the Committee on Invalid Petition from 65 members of an Alliance in Nebraska. Pensions. Petition from 30 members of an Alliance in Nebraska.. ~y Mr. CRISP:. Petition of members of the bar of Dublin, Ga., for Petition from 42 members of an Alliance in Nebraska. relief of the Supreme Court-to the Committee on the Judiciary. Petition from 72 members of an Alliance in Nebraska. Also, petition of members of the bar of McRae, Ga., for same pur­ Petition of30 members of an Alliance in Nebraska. pose-to the Committee on the Judiciary. Petition of Liberty Alliance, No. 899, 35 members, Nebraska. Also, petition of members of the bar of Hawkinsville, Ga., for same Petition of 11 members of an Alliance in Nebraska. purpose-to the Committee on the Judiciary. Petition from 50 members of an Alliance in Nebraska. Also, petition of members of the bar of Americus, Ga., for same pur­ Petition from 34 members of an Alliance in Nebraska. pose-to the Committee on the Judiciary. P~tition of 40 members of an Alliance in Nehraska. By Mr. CUTCHEON: Petition of 43 members of the Michigan bar, Petition of Valley Grange Alliance, No.1142, 13 members, Nebraska. for the relief of the Supreme Court-to the Committee on the Judici- Petition of 28 members of an Alliance in Nebraska. ary. . Petition from 20 members of an Alliance in Nebraska. By Mr. DAVIDSON: Petition of 33 members of the bar of Florida, Petition from 63 members of an Alliance in Nebraska. for the relief of the Supreme CoUl't of the United States-to the Com­ Petition of 24 members of an Alliance in Nebraska. mittee on the Judiciary. Petition of 22 members of an Alliance in Nebraska. Also, petition of 11 members of the bar of Tampa, Fla., for the re­ Petition of 21 members of an Alliance in Nebraska. lief of the Supreme Court of the United States-to the Committee on Petition of 22 members of an Alliance in Nebraska. the Judiciary. Petition of 30 members of an Alliance in Nebraska. By Mr. DINGLEY: Petition of the Woman's Christian Temperance I ' PetitioB of Gorden Hill Alliance; No. 629, 22 members. Union and others (126 names), for the suppre..ssion of the sale of alco-

·.. ,- .. .. _.., , ...... ' • r I • -. , ·. 2870 CONGRESSIONAL RECORD-HOUSE. MARCH 31,·

holic liquors within soldiers' homes, arsenals, recruiting stations, navy­ Republic post, favoring a service-pension bill-to the Committ.ee on In­ yards, forts, and barracks-to the Committee on Military Affairs. valid Pensions. .Also, petition ot the Woman's Christian Temperance Union and By Mr. LANE: Three petitions of citizens of Illinois, against the others, of Maine, praying for a law prohibiting the sale of fermented transmission of obscene literature through the mails-to the Commit­ liquors at military and naval institutions-to the Committee on ]ifili­ tee on the l'ost-Office and Post-Roads." tary Affairs. Also, a petition of citizens of the Seventeenth Congressional district Also, petition of Woman's Christian Temperance Union and others, of New York, praying for a law prohibiting the sn.le of fermented Washington, D. C., for same purpose-to the Committee on Military liquors within soldiers' homes, arsenals, recruiting stations, navy-yards, Affairs. forts, and barracks-to the Select Committee on the Alcoholic Liquor By Mr. DORSEY: Petition of citizens of Nebraska, asking for en­ Traffic. forcement of laws against Union Pacific Railway Company-to the By Mr. LANSING: Petition from Twenty-second Congressional dis­ Committee on the Pacific Railroads. trict of New York, of Women's Christian Temperance Union and others, Also, remonstrance of citizens of Nebra&ka against the Windom for the suppression of the sale of alcoholic liquors in the military and silver bill-to the Committee on Coinage, Weights, and Measures. naval institutions of the country-to the Select Committee on the Alco­ By Mr. FITHIAN: Petition of Hale Johnson, J. M. Honey, Susie holic Liquor Traffic. B. Kendal, and Nancy Utterback, with 90 others, to prohibit any book, Also, petition of the Women's Christian Temperance Union and others pamphlet, magazine, newspaper, story paper, or other prinfud paper of Potsdam, St. Lawrence County, New York, forsa:nte purpose-to the· devoted to the publication or principally made up of criminal news, Select Committee on the Alcoholic Liquor Traffic. ·police reports, or accounts of criminal deeds, or pictures and stories of By Mr. LEE: Petition of Trevelia.n's .Alliance, No. 410, favoring the deeds of bloodshed, lust, or crime from being deposited and carried subtreasury plan-to the Committee on Banking and Currency. in the United States mails-to the Committee on the Post-Office and By l\lr. LE:-)'.fER, of Georgia: 1'etitionofmembersofSavannah (Ga.) Post-Roads. bar, forreliefofthe SnpremeCourt-totheCommitteeontheJndiciary. By Mr. FUNSTON: Memorial of Pleasant Valley Lodge, No. 1250, By Mr. LIND: Petition of 20 members of the Stillwater (Minn.) bar declaring against trust combinations-to the Committee on .Agricult­ for the relief of the Supreme Court-to the Committee on the Judi­ ure. ciary. Also, memorial of Antietam Post, No. 64, Grand Army of the Re­ Also, petition of the Winona (Minn.) bar, for same pMpOse-to the public, Parsons, Kans., asking for an appropriation for the purpose of Committee on the Judiciary. improving cemetery lots owned by Antietam Post, in Oakwood Ceme­ By Mr. 1'1ASON: Petition of Jam es E. White and others, against the tery-to the Committee on .Appropriations. proposed Sunday law-to the Committee on Labor. ·' Also, petition of 316 persons in Kansas, praying for a law prohibit­ Also, petition of Charles T. Garrard, late of Sixth United States ing the sale of fermented liquors within soldiers' homes, arsenals, re­ CaYalry-to the Committee on Invalid Pensions. cruiting stations, navy-yards, forts, and barracks-to the Select Com-" .Also, six petitions of citizens of Chicago, favoring the short method mittee on the Alcoholic Liquor Traffic. of spelling-to the Committee on Education. By Mr. GEISSENHA.INER: Petition of the owners of sailing ves­ By Mr. McCLELLAN: Petition of Angelina Silvers and 80 others, sels, asking an appropriation for the improvement of Compton's Creek, askin~ for pension for said Angelina Silvers-to the Committee on In­ Monmouth County, New Jersey-to the Committee on Rivers and Har­ valid Pensions. bors. By nfr. McKINLEY: Petition of 86 members of the Ohio bar, for the By 1\1.r. GEST: Petition and proof upon the pension claim of Char­ relief of the Supreme Court-to the Committee on the Judiciary. lotte A. Heavilin-to the Committee on Invalid Pensions. By l\lr. ULLIKEN: Petition of 341 citizens ot Maine, praying for By Mr. GRIMES: Three petitions of the bars of Talbotton, Green­ a law prohibiting the sale of fermented liquors within soldiers' homes, ville, and Columbus, Georgia, for relief of the Supreme Court of the arsenals, recruiting stations, navy-yards, fort~. and barracks-to the United States-to the Committee on the Judiciary. Select Committee on the Alcoholic Liquor Traffic. By Mr. HARE: Answer of the Chickasaws to the memorial of cer­ By Mr. MOORE, of New Hampshire: Petitions of citizens of New tain white men, complaining that they have been unlawfully deprived Hampshire, praying for a law to prohibit the sale of fermented liquors of the elective franchise in the Chickasaw Nation-to the Committee within soldiers' homes, arsenals, recruiting stations, navy-yards, forts, on Indian Affairs. and barracks-to the Select Committee on the Alcoholic Liquor Traffic. By Mr. HAUGEN: Six petitions of the bar of Wisconsin, for the re­ Also, petition of 5 members of the New Hampshire bar, for the relief lief of the United States Supreme Court--to the Committee on the Ju­ of the Supreme Court-to the Committee on the Judiciary. diciary. By Mr. MOREY: Resolution of Farmers' Alliance of Carlisle, Ohio, 'I By Mr. HA.YES: Resolutions of Master Plumbers' Association of favoring the passage of the Butterworth bill preventing dealing in op­ Davenport, Iowa, in favor of a bill for plumbing regulations in the Dis­ tions-to the Committee on Agriculture. trict of Columbia-to the Committee on the District of Columbia. Also, petition of John C. and Mary Gally, of Xenia, Ohio, for pay­ Also, petition of John B. Merrell and 180 others, owners and masters ment of property alleged to have been destroyed during the war-to the of vessels, of Milwaukee, Wis., for the early completion of the Toledo Committee on War Claims. Harbor improvement-to the Committee on Rivers and Harbors. By Mr. MORROW: Memorial of the fruit-growers of California, pray­ .Also a protest of citizens of Coos County, Oregon, against the pas­ ing for increased duties on oranges, prunes, and other fruits and nuts-­ sage of Sanday-rest bill-to the Committee on Labor. to the Committee on Ways and Means. By Mr. HENDERSON, of Iowa: Petition of 4 members of the Iowa By l\Ir. MORSE: Memorial from Sarah A. McClees, superintendent, Bar for the relief of the Supreme Court-to the Committee on the Judi­ etc., Ada M. Bittenbender, superintendent, etc., and .Mary H. Hunt, ciary. superintendent, etc., against the sale of fermented liquors from Army By Mr. HERMANN: Petition of 427 persons, of Oregon, asking for canteens-to the Committee on Militarv Affairs. a national Sunday-rest law against needless Sunday work in the Gov­ By Mr. O'NEIL, of Massachusetts: - Remonstrance of Morrison & ernment's mail and military service- and interstate commerce-to the Bacon and 14 others. against increasing the duty on lime-to the Com­ Committee on Labor. mittee on Ways and Means. By Mr. HOLMAN: Remonstrance of Joseph Hopkins, of Grand By Mr. OUTHWAITE: Protest of Charles Lei brick and other citi­ Rapids, Mich., against the granting of large pensions by special act of zens, against sections 24 and 25 of H. R. 82, to amend an act to regulate Congress to favorite officers and their widows, and demanding equal commerce-to the Committee on Commerce. rights to all soldiers of the Union .Army and their widows on the pen­ By Mr. PARRETT: Petition of the Indiana Canning Company and sion-roll-t-0 the Committee on Invalid Pensions. 17 other business companies, of Evansville, Ind., against any increase of By Mr. HOOKER: Petitionof Cicero Herd, administrator of Samuel the duty on tin-plate-to the Committee on Ways and Means. Herd, deceased, for reference of claim to Court of Claims under the By Mr. P .A YNE: Petition of citizens ot Twenly"-seventh district of provisions of the Rowman act-to the Committee on War Claims. New York, for the passage of joint resolution 76-tothe Committee on • I By .Mr. JOSEPH: Petition of 22 members of the New Mexico bar Printing. for the relief the Supreme Court-to the Committee on the Judiciary. Also, a. petition of Grand .Army of the Republic post at Constantia, By Mr. KELLEY: Petition of 175 citizens of North Topeka, Kans., N. Y., for servke pension-to the Committee on Invalid Pensions. asking Congress to start the reform of spelling by adopting certain rules .Also, petition of 110 citizens of the Twenty-seventh di~trict of New herein mentioned in the printing of public documents and other print­ York, praying for a law prohi bi ting the sale of fermented liquors within ing done by the Government, and stating that under the present system soldiers' homes, arsenals, recruiting stations, navy-yards, forts, and bar­ much wa.ste of time and ink occurs that might be saved if such rules racks-to the Committee on l\iilitary Affairs. were adopted-to the Committeeon Education. By Mr. PENINGTON: Petition of 61 members of the Delaware bar, Also, petition of certain citizens of Topekac, Kans., asking that the for the relief of the Supreme Court-to the Committee on the Judi­ laws of the United States be so amended as to employ only citizens of ciary. the United States on the public works-to the Committee on Labor. By 111r. PERKINS: Petition of J. C. Beale and 37 others, sons of By Mr. KINSEY: Petftion of 77 members of the Missouri bar for veterans of Osage Camp, at McCune, Kans., asking for the passage of the relief of the Supreme Court-to the Committee on the Judiciary. a service-pension bill-to the Committee on Invalid Pensions. By Mr. LACEY: Resolution of Sigourney (Iowa) Grand Army of the Also, petition of J. M. Mahr and 112 others, ex-Union soldiers of

- 4 ,. -. •' 1890. CONGRESSIONAL RECORD-·SENATE. 2871

Osage Grand Army of the Republic, No. 156, of McCune, Kans., asking By Mr. STOCKDALE: Petitions of 57 members of the Mississippi for the same relief-to the Committee on Invalid Pensions. bar, for the relief of the Supreme Court-to the Committee on the Ju­ . - , Also, petition of F. A. Chambers and 248 others, residents of the diciary. Third Congressional district of Kansas, asking that the amount of land By Mr. STRUBLE: Resolutions adopted by Newall Post416, Grand set apart for the benefit of friendly Indians educated at the Chiloc.o Army of the Republic, Newall, Iowa, favoring the erlension of the schools be reduced in size-to the Committee on Indian Affairs. pension laws to the widows and children of deceased soldiers-to the Also, petition and memorial of Antietam Post, Grand Army of the Committee on Invalid Pensions. Repa blic, of Parsons, Kans., asking for an appropriation to assist in im­ Also, resolutions passed by Kennebeck Industrial Alliance No.1271, proving the soldiers' cemetery at such place-to the Committee on Ap­ Monona County, Iowa, urging the passage of H. R. No. 5353, ddin­ propriations. ing ''options '' and '' futures,'' and providing penalties to lessen and .. By Mr. PETERS: Memorial of Antietam Post, Grand Army of the prevent gambling in farm products-to the Committee on Agriculture. Republic, Parsons, Kans., asking for an appropriation for Oakwood By Mr. TOWNSEND, of Colorado: Petition of Subordinate Union Cemetery-to the Committee on Appropriations. No. 1, of Denver, Colo., of the Bricklayers and Masons' International Also, resolution of commissioners of Edwards County, Kansas, favor­ Union of America-to the Committee on Labor. ing appropriation for Galveston Harbor-to the Committee on Rivers By Mr. TURNER, of New York: Petition of the Woman's Christian and Harbors. Temperance Union, for the suppression of the sale of alcoholic liquors By Mr. PIERCE: Petition of J. N. Lawrence, of Gibson County, Ten­ in military and naval institutions-to the Select Committee on the ' . nessee, for pay for stores and supplies, and reference of claim to Court Alcoholic Liquor Traffic. of Claims under the provisions of the Bowman act-to the Committee Also, a petition of the Woman's Christian Temperance Union and on War Claims. citizens of New York, for the suppression of the sale of alcoholic liquors Also, petition of John W. Overall, of Gibson County, Tennessee, for in military and naval institutions-to the Select Committee on the reference of claim to Court of Claims under the provisions of the Bow­ Alcoholic Liquor Traffic. man act-to the Committee on War Claims. By Mr. VANDEVER: Petition of Union 56, United Brotherhood of By Mr. PO$T: Petition of President Newton Bateman and the fac­ Carpenters and Joiners, of Los Angeles, Cal., for au eight-hour law ulty of Knox College, Galesburgh, Ill.. for the passage of a bill to bring which shall apply to all Government work, whether under contract or the law of Illinois and the United States mail law into harmony in otherwise-to the Committee on Labor. order to check the transmission and sale of impure literatnre~to the By Mr. WALKER, of Missouri: Protest against House bill 8278, by Committee on the Post-Office and Post-Roads. David Nicholson and others, of St. Louis, Mo.-to the Committee on Also, a petition of F'. A. Freer and 24 others, citizens of Knox County, Commerce. Illinois, for same purpose-to the Committee on the Post-Office and By Mr. W A.SHINGTON: Resolution asking increase of salaries of Post-Roads. district judges-to the Committee on the Judiciary. By Mr. PRICE (by request): Petition of James T. Chivers, of La­ fourche Parish, La., for reference of claim to Court of Claims under pro- visions of the Bowman act--to the Committee on War Claims. Also (by request), petition of Mrs. E. H. Brout, of Lafourche Parish, SEN.ATE. La., for reference of claims, under the provisions of the Bo\vman and TUESDAY, April 1, 1890. Tucker acts-to the Committee on War Claims. By Mr. ROGERS: Petition of Frances N. Moody, widow, of Pulaski The Senate met at 11 o'clock a. m. County, Arkansas, for reference of claim to Court of Claims under Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. provisions of the Bowman act-to the Committee on War Claims. Mr. HARRIS. I do not see the Senator from Vermont [Mr. En- Also, memorial of the Choctaw Nation, as to the leased district, two l\IUNDS] in his seat, who, I am sure, if present, would not let business exhibits-to the Committee on Indian Affairs. proceed without a quorum. I suggest the absence of a quorum and ask Also, memorial of the city council of Hot Springs, Ark., in relation that the roll be called. to certain property mentioned therein-to the Committee on the Public The Vl CE-PRESIDENT. The roll will be called. Lands. The Secretary called the roll, anti the following Senators aaswered By Mr. ROWELL: Petition of 73 members of the Illinois bar, for the to their names: relief of the Supreme Court-to the Committee on the Judiciary. Allison, Davis, l\Icl\1illan, Sherman, By Mr. RUSSELL: Petition of 53 members of the Connecticut bar, Bate, Dawes, Manderson, Teller, for the relief of the Supreme Court-to the Committee on the Judi- Blair, Farwell, Morrill, Turpie., ciary. Blodgett, Faulkner, Paddock, Vance, Butler, Frye., Pasco, Walthall. ByMr.SAWYER:PetitionofWoman'sChristian Temperance Union Call, Gibson, Platt, and others, of the Thirty-first district of New York, against the sale of 8°tkrell, Harris, :::~~1:1,· alcoholic liquors at military and naval institutions-to the Committee . u om, Kenna, '• on Military Affairs. The VICE-PRESIDENT. Twenty-nine Senators have responded to Also, petition of Woman's Christian Temperance Union and others, their names. No quorum is present. of Hulburton, Orleans County, New York, for same purpose-to the Mr. COCKRELL. I m.ve that the absentees be sent for. Committee on Military 4-ffairs. The VICE-PRESIDEN"T." The question is on the motion made by Also, petition from 92 persons in Thirty-first disbrict, New York, the Senator from Missouri. - Woman's Christian Temperance Union organization, and others, for Mr. SHERMAN. The roll of absentees had better be called. -.. same purpose-to the Committee on Military Affairs. Mr. COCKRELL. We have had one call. A call of the Senate is By Mr. SHER.l\IAN: Petition of 1,200 members of the New York :first in order. bar, fo.r the relief of the Supreme Court-to the Committee on the Ju- Mr. HARRIS. That is the only method of getting a quorum. diciary. .Mr. COCKRELL. It is the only method of getting a quorum. Also, a petition of 65 citizens of the Twenty-third district of New The VICE-PRESIDE~T. The roll will be called of Senators who York, praying for a law prohibiting the sale of fermented liquors within are absent. soldiers' homes, an;enals, recruiting stations, navy-yards, forts, and bar- The Secretary called the names of the absentees, and the following racks-to the Select Committee on the Alcoholic Liquor Traffic. Senators responded to their ~mes: Messrs. CASEY, GRAY, MOODY, By Mr. SNIDER: Memorial and resolution of the Board of Trade of PETTIGREW, PLUMB, REAGAN, and STEWART. Anoka, Minn., in favor of a public building at that city-to the Com- The VICE-PRESIDENT. Upon the call of absent Senators seven mittee on Public Buildings and Grounds. Senators have answered to their names. Thirty-six Senators are now By Mr. SPOUNER: Petition of Benjamin Bo~an, for pension-to present; no quorum. the Committee on Invalid Pensions. Mr. COCKRELL. I move that the Sergeant-at-Arms of the Senate

Also, petition of 94 members of the Rhode Island bar, for the relief be directed to call upon the absentees and, if necessary1 compel their of the Supreme Comt-to the Committee on the Judiciary. attendance. By Mr. STEPHENSON: Resolution of the Lake-Carriers' Associa- Mr. HARRIS. ''Request the attendance of absent Senators." tion, favoring the lighting of St. Mary's River-to the Committee on ?tlr. PLUUB. I move that the Senate take arecessuntil 12 o'clock, Rivers and Harbors. the usual hour of meeting, and I think all the Senators will be here at Also, resolutions ofthe Lake Carriers' Association, protesting against that time by natural process. the passage of House bill 6450-to the Committee on Merchant Marine Mr. HARRIS. That motion is first in order. and Fisheries. Mr. SHERMAN. There is no motion in order except to adjourn or .-'. By Mr. STEWART, of Georgia: Petition of 64 members of the At- to request the attendance of absent Senators. · lanta (Ga.) bar, for the relief of the Sapreme Court of the United The VICE-PRESIDENT. The question is on the motion of the States-to the Committee on the Judiciary. Senator from .Missouri. By Mr. STOCKBRIDGE: Nineteen petitions of 335 members of the Mr. HARRIS. Is not the question on the motion of the Senator from Maryland bar, for the relief of the Supreme Court-to the Committee Kansas, to take a recess until 12 o'clock? That takes precedence, I on the Judiciary. suppose.

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