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1890. CONGRESSIONAL RECORD-HOUSE. 2159
SUPERVISOR O.F CENSUS. HOUSE OF REPRESENTATIVES. Theophilus F. Smith, of St. Paul, Minn., to be supervisor of census for the tbir
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2160 CONGRESSIONAL RECORD-HOUSE. MARCH 12,
ruling of the Speaker and of the Chairman of the Committee of the last Congress ~md reported by a committee of the last Congress could Whole. I think it ought to be, and hence ha.ve called attention to it be placed upon the Calendar for consideration of this Congress without in order that the question may be disposed of properly. having been reported by any committee of this Congress? As a further evidence that the ruling was right, I desire to have read Mr. BAYNE. This is what the law says: "That they shall be car· from the desk the ruling of the Speaker of the House of Representatives ried at the head of the Calendar." in the Thirty-seventh Congress, December the 6th, 1861. I want to say The SPEAKER. Will the gentleman from Pennsylvaniasuggestt.o that, as I understand the Jaw, the seventh section of the Bowman act, the Chair how it is possible for any past Congress to lessen the powers which bas just been read by the Clerk, is literally the law in reference of the House of Representatives? to these claims reported from the Court of Claims, which was in force Mr. BAYNE. I do not say that it could or possibly how this refer in 1862, the seventh section of the Bowman act being simply a repetition ence could. I do not think I could m;sent to that proposition, that a of the act then in force. I ask the Clerk now to read the decision to bill, simply because it reported the findings of the Court of Claims, which I have referred. should have precedence in this Congress; but is not the law defeated The Clerk read as follows: if that bill, after having been referred to a committee of this Congress, The Speaker announced that, in conformity with the law and usage of former shall not take its proper status on the Calendar; and is not its proper Congresses, such bills from the Court of Claims as were left uodisposed at ti.le status on the Calendar by virtue of this law and by virtue of the judg· close of the last Congress should be again read a first nod second time, and, to ment of this court at the bead of the Calendar? gether with the adverse reports of lhesnid court, which were also left undisposed of, would be committed to the Private Calendar. There is no difficulty about placing these cases in that position, even although reports may have come in from committees on original refer Mr. RICHARDSON. That was in accordance with the law which ence; but yet, when they do come back, there is no difficulty whatever was enacted, if I remember correctly, in 1 55. The seventh section of practically in placing these :findings of the Court of Claims at the theBowmanactissimply are-enactmentofthatact, and upon which the head of the Calendar. It seems to me, Mr. Speaker, that this step of ruling is made as shown in 1862. I think it right, Mr. Speaker, that the Bowman act was an effort on the part of Congress to enable citizens these findings should be placed properly at the head of the Calendar to sue this Government to obtain money due them. If these cases are where they belong in order to be disposed of first. to be relegated to such place on the Calendar as they may happen to The AP EAKER. If the gentleman has no objection, a ruling made find, when they are reported by a committee then this act of Congress by the Speaker pro temp:Jre of the last Cong1ess will be read in that con is certainly defeated and its object is not attained. We do not attain nection. the object and purpose of that act. Mr. RICHARDSON. I will be very glad to ha>e it done. May I It seems to ine that the proper and orderly method of doing the busi -· ask when the ruling was made? ness would be that when these findings are reported by the committee The SPEAKER. The tirst session of the Fiftieth Congress, on Jan- the bill should go to the bead of the Calendar. uary 27. Mr. CRISP. I would like to ask the gentleman a question. Mr. RICHARDSON. Who was the Speakerprotemporeatthat time? Mr. ·BAYNE. Certainly. The SPEAKER. The late Mr. Cox, of New York. Mr. CRISP. The question I want to ask the gentleman is whether The Clerk read as follows: it is competent for any act of Congress to do anything that talres awav On motion of Mr. LANHAM the House resolved itself into the Committee of the from this Houoe the right to make rules for its own government and , /. Whole Rouse; and after some time spent therein, the Speaker pro tempore re sumed the Chair, and l\Ir. HATCH reported that the committee, having had under its own proceedings, its Calendars, and putting cases there under the consideration bills upon the Private Calendar, had reached in its regular order rules of the House. ., the bill of the House (H. R. 6336, first session, Forty-ninth Congress) for the re· Mr. BAYNE. I do not think it is competent for any act of Congress lief of Martha J. A. Rumbau:it"h, whereupon objection had been made to consid- . ering the same. to do that. :Mr. LANHAM made the point of order that the said bill was not properly upon Mr. CRISP. That is the effect of the act, as I understand it, which the Calendar of the Committee of the 'Vhole House, for the reason that it was the gentleman cites. It fixes a place on the Calendar of this House a bill introduced into the Forty-ninth Congress, and that the only report upon it was from a committee of that Congress, and that it had ne,·er been introduced and says where these bills shall be placed, and that is a question that or reported upon in the present Congress. must be determined by this House for itself. The Speaker pro tempore overruled the point of order upon the ground t11at the :Mr. BAYNE. No; it does not fix the place. There is a rule which bill referred to was one of the class which were reported to the Forty-ninth Con gress with accompanying reports from the Court of Claims. They were, by di governs where they shall go. re<'tion of the ·Speaker during the present session, ordered to be placed on the Mr. CRISP. I understand they arc to go first on the Calendar. Privl\te Calendar for consideration on Fridays. In the opinion of the Chair, it Mr. BAYNE. They go first on the Calendar by the fact of their hav did not follow that these bills of a former Congress are here for passage by the present HoU8e without the formalities contemplated by our rules. They are on ing been reported to a former Congress under the law. the Calendar for appropriate action, which may be the reference of them to a Mr. CRISP. But my understanding is that no action of a former committee or to lay them on the table, etc. The reference of the bills to the Cal Congress upon reports of <'-Ommitteeshas any force or effecton this Con endar did not necessarily import that they were to be passed or to be considered with a view to their final disposition. Even messa.ges of the Pre1:1ident were gress, unless it be by its own consent. often directed to be placed o " the Calendar; but no one would suppose because Mr. BAYNE. But it is not the action of a former Congress. It is a President's message is placed on the Calendar of the Committee of the Whole the operation and action of the law of the land. that that committee should at once consider, for instance, the question of the ta.riff presented by that message without such preliminary steps as the rules con- Mr. ClU8P. Then you understand that the law can take away from • template. The Cbair, therefore, held that the bill in question, being a bill of the this House the right to govern and control its own proceedings? Forty-ninth Congress, was, with the reportoftheCourtofClaimswhlchaccom Mr. BAYNE. Not at all. It does not interfere at all with theright :panies it·, before the House for appropriate action, but not for final disposition, rnasmuch ns under the rules certain preliminary steps are indispensable. of this Honse to govern and control its own proceedings. Mr. COMPTON appealed from the decision of t.he Chair; Mr. CRISP. That is the way I understand it. Pending whicll Mr. BAYNE. It simply provides, by reason and by virtue of the fact On motion of Mr. BLOUNT, the appeal was laid on the table. that these bills have been reported to a former Congress, that they shall Mr. BAYNE. Mr. Speaker, it seems to me that the Court of Claims be carried over on the Calendar of the next Congress. It does not pre is part of the judicial system of this country and that this section of clude the examination of the measure by a committee of this Congress the Bowman act is part of the law of the land. It gives to the find at all. The reference can be made to a. committee; the committee can ings of that court a certain status in the progress of the legislation of examine it and a report can be ma.de; but you ignore the law which the country, not by indicating to the Speaker an interference with any you had a band in passing, unless these bills take their places on the rule of the House, nor any direction to the Speaker to do any particu Calendar under the provisions of this act. lar thing; but by virtue of a succession of facts that will arise-that Ur. HEARD. Mr. Speaker, if my friend from Pennsylvania. will al is to say, ipse facto-these reports which came from the Court of Claims low me, I wish to ask him this question: Was it not the purpose of the to a preceding Congress will, by virture of that fact, have precedence Bowman act, in the declaration which be has cited, simply to perpet on the Calendar of a succeeding Congress, and that status should not uate that evidence for the use of any succeeding Congress, and uot to be taken away. attempt to pro'7ide that a report sent from the Court of Claims of one I think that status can not be properly taken away by a rnle of the Congress should compel any succeeding Congress to give precedence to House or by reports from committees or by the fact that these bills are the subject to which such report might relate, as the gentleman claims, to be referred to committees. I think that status was intended to be by putting the case to which the report refers at the head of the Cal acquired by the Bowman act, for the purpose of carrying out the essen endar without any action of a committee of that Congress? tial provisions of that act, which were that by this method a citizen Mr. BAYNE. I think the intention of Congress in enacting that la.w could sue the Government and possibly obtain redress of his grievance. was to give to the findings of the Court of Claims a superior status to I do think that in the interest of this act, in the interest of the findings that of the report of a committee, because it was considered-- of this court, in the interest of the law of the land, and in the interest The SPEAKER. Perhaps gentlemen will recollect that the Chair is of the conservation of our judicial system, of which the Court of Claims to pass upon this que.stion, and that it would be mare satisfactory if forms a part, these measures and findings of the Court of Claims should the remarks which they are addressing to each other could be heard by have their proper relation to the Calendar, namely: that, coming before the Chair. [Laughter.] it from preceding Congresses, they should be placed at the head of the Mr. HEARD. I am, perhaps, unfortunate in that either the Speaker Calendar. did not understand me or else I do not now understand the Speaker. Mr. DINGLEY. I would like to ask the gentleman a question. Do I addressed myself to the Chair and asked permission to propound a I understand the gentleman to maintain that a bill introduced in the question to the gentleman from Pennsylvania.
. "' , , ',/ . ·- 1890. CONGRESSIONAL RECORD-HOUSE. 2161 ·- The SPEAKER. Yes, but it is desirable that the Chair should hear Mr. McRAE. I hope my friend from Illinois will not insist upon ~.. the inquiry and the answer. The Chair has not heard a word of the tLat. dialogue between the gentlemen. [Laughter.] Mr. CANNON. I object. Regular order. Mr. HEARD. I regret that, Mr. Speaker, on account of the Chair. Mr. McRAE. This bill has been conside.red favorably by a House The SPEAKER. The Chair regrets it for the very same reason. committee. ; Mr. HEARD. I will IJow endeavor to supply the loss. The ques- Mr. CANNON. That may be, but I think it had better go oo the tion I put to the gentleman from Pennsylvania was this: Was it not Calendar. the purpose of Congress in the enactment of the Bowman act to provide The SPEAKER. Objection is made. simply tor the perpetuation of the evidence, so far as it might be con ELEVENTH CENSUS. sidered evidence, which is contained in the findings of the Court of Claims? Was it not the object to provide that, by rea.5on of the failure Mr. DUNNELL. I am directed by the Select Committee on the of any Congress to act upon such finding or such advice coming from Eleventh Census to report back with a favorable recommendation the bill which I send to the desk and to ask for its immediate considera the court, it should not therefore be lost so a.~ to necessitate another reference of the question to the court and another report upon the tion. There is a short report which gives argument in favor of the passrge of the bill, and which, if any gentleman desires, can be read. same facts? That is my opinion of the intent of the act. I . Mr. BAYNE. 'l'hat was but a part of the intention of the act. The bill was read, as follows: A bill (H. R. 7025) to amend an act entitled ".A.n act to provide for taking the ·- When the act was under discussion it was alleged on all hands that eleventh and subsequent censuses," approved l\larch 1, ld89. the committees of Congress could not report intelligently on many of Be it enacted, etc., That section 18 of an act en.Wed ''An act· to provide for the claims referred to them, because of being confined to ex parte evi taking the eleventh and subsequent censuses," approved March l, 1889, be dence, because there was no cross-examination, because the investiga amended by adding to the last line of section 18, after the words "and actual necessary traveling expenses," the word;i "and a per diem allowance in lieu of ., .... tion which they could make was not a thorough one; and the purpose subsistence of not less than $3 nor more than $5 per day." of referring these claims to the Court of Claims was that counsel might be heard on both sides, that the facts might be judicially ascertained, The amendment reported by the committee was read, as follows: In line 8 strike out "not less than" and in line 9 strike out "nor more than that the opinion of the court might be rendered, and that then the five;'' so as to read: "a per diem allowance in lieu of subsistenceof $3 per day.'4 report of the court might give these claims a legal status, in order that such of them as were just and should be paid might obtain early and Mr. BLOUNT. That leaves $3 as the maximum? Mr. DUNNELL. Yes, sir. favora.ble consideration by Cong:ress. All these wer ..1 factors in the dis cussion and enactment of the bill, and all of them should be considered The SPEAKER.. Is there objection to the consideration of the bill now. at this time? The Chair hears none. There is no gentleman who will not concede that when an investiga The amendment reported by the committee was agreed to. tion is made by the Court of Claims under legal rules, counsel appear 'rhe bill as amended was ordered to be engrossed and read a third time; ing on both sides and the facts being developed in that way, the find and being en~rossed, it was accordingly read the third time, and passed. Mr. DUNNELL moved to reconsider the vote by which the bill was ing of that court is infinitely superior, in a great majority of cases, ' 1 pa.~"'.ed; and also moved that the moc;ion to reconsider be laid on the to the finding of a committee of this House, arrived at., perhaps, on 1 ex parte evidence, perhaps on the statement of an individual without table. ... being sworn at all. It was to give a status to the claims of parties who The latter motion was agreed to. employed counsel to press their cases before that court and to have CLAIMS ALLOWED BY THE TREASURY DEPARTMENT. the merits determined there that this law was enacted, and I think it Mr. WILLCOX. I desire to present a privileged report from the Com should be rigidly adhered to. mittee on Claims, and to ask for its immediate consideration. The Mr. HEARD. Mr. Speaker, I desire to make another inquiry of committee has directed me to report back with a favorable rec6mmen ... my friend from Pennsylvania. dation the resolution which I send to the desk. The SPEAKER. The Chair would like to reserve this question and · The Clerk read as follows: make a decision upon it later, unless gentlemen desire to discuss it Resolved, That the Secretary of the Treasury be, and he is hereby, requested further now. to transmit to the House of Representatives !\ list of n!l claims allowed by the Mr. HEARD. Well, Nlr. Speaker, I desire to make a very few ob accounting officers of the Treasury enumerated in House Ex. Docs. Nos. 55 and 153, Forty~ig uth Congress, second session, for which appropriations have not servations. I will not detain the Honse long. In response to what the been made. gentleman from Pennsylvania [Mr. BAYNE] last said, with regard to The re. XXI-136 ,' · I I· I f •• ... .. · .. . .. - ,, . : ·. I '' 2162 CONGRESSIONAL RECORD-HOUSE. MARCH 12, - :"" larger class of vessels entering or departing from the harbor, and tha~ such ob Mr. PERKINS. I am very certain that the Committee on Indian struction should be at once removed for the safety of such vessels and for the interests of that important harbor. Affairs bas not been called. The committee, therefore, in view of these facts, report the bill back and recom Ur. DOCKERY. The committees have never been called through. mend its passage. l\Ir. ADAMS. I went back in the RECORD ten days or two weeks to find when the call had taken place; and I respectfully suggest that WA:c. DEPART.lIENT, Washington City, January 17, 1890. the Chair must be mistaken. Sm: I return herewith Senate bill 1701, ,''making an appropriation for the re moval of the dangerous obstruction to the entrance to the harbor at Milwaukee, The SPEAKER. The best information that the Chair can get is ·. Wis.," referred to this Department on the 9th instant, and invite your attention that the Chair is mistaken. [Laughter.] The call rests with the Com to the report of the Chief of Engineers thereon. mittee on Naval Affairs. [A pause.] The Chair thinks it only fair The recommendation of the Chief of Engineers is approved. Very respectfully, that the Committee on Naval Affairs should be passed over without RF.DFIELD PROCTOR, Becreta1·y of War. losing its right, because the Chair has given a wrong impression to mem ·..... Hon.W. P. FRYE, bers on this matter. Chafrman Committee on. Commerce, U. S. Senate. Mr. MORROW. May I be allowed, not being a member of that commit.tee, to ask that the Committee on Naval Affairs be passed over? OFFICE OF THE CHIEF OF ENGINEERS, U. 8. ARMY, Washington, D. C., January 15, 1890. The SPEAKER. If there be no objection, the Committee on Naval Sm: I have the honor to return herewith letter of January 9, 1890, from the Affairs will be passed over this morning without prejudice. It is evi Committee on Commerce, United States Senate, inclosing Senate bill 1701, ''.!. dent awrongimpression was given to that committee. The next com bill making an appropriation for the removal ofa danll:erous obstruction to the mittee is the Committee on Indian .A.ffairs. entrance of the harbor at Milwaukee, \Vis.," and in reply to its reference to this office for report, l beg to state that no dredging has been done at this locality Mr. McCREARY. The chairman of the Committee on Foreign Af since 1880, in which year there was a channel dredged 18 feet deep and 200 feet fairs is absent. The Committee on Foreign Affairs has not been called. wide throughout its entire length; soundings made on the 6th day of Decem The SPEAKER. The Committee on Foreign Affairs was called at • • - 4 ber, 1889, show a channel 16 feet deep . It is recommended that the depth of the channel for its entire length be in the proper time. creased to 18 feet and to a width of 200 feet by dredging, at an estimated cost of l\ir. McCREARY. The chairman of the Committee on Foreign Af $6,100. If the money is appropriated now the work can be completed in time fairs went away yesterday. for the opening of navigation on the lakes. Very respectfully, your obedient servant, The SPEAKER. The Committee on Foreign Affairs was_.called in THOS. LINCOLN CA.SEY, regular order. Brigadier-General, Chief of Engineers. Mr. :McCREARY. When? Hon. REDFIELD PROCTOR, The SPEAKER. On the 9t\l of February, when the Committee on Secretm·y of War. Military Affairs was called. 1\fr. HENDERSON, of Illinois. This bas nothing to do with the Mr. l\fcCUEARY. I ask, in the absence of the chairman of the Com general appropriation for rivers and harbors. mittee on Foreign Affairs, that it be passed over this morning without The SPEAKER. Is there objection to the present consideration of pr~judice. It is an oversight. the bill? The SPEAKER. That committee will not be reached to-day in the Mr. BRECKINRIDGE, of Kentucky. I will not object. call. There being no objection, the House proceeded to the consideration Mr. McCREARY. I understand, Mr. Speaker, you have passed two of the bill, which was ordered to a third reading; and it was accord committees already. ingly read the third time, and passed. The SPEAKER. They were passed on the 19th of February. The .. ,_ Mr. HENDERSON, of Illinois, moved to reconsider the vote by which Committee on Foreign Affairs was called in regular order. the hill was passed; and also moved that the motion to reconsider be Mr. McCREARY. The chairman of the Committee on Forei~n Af laid on the table. fairs was not aware of it. The latter motion was agreed to. The SPEAKER. If the gentleman will exu.mine the RECORD be will ARCHIBALD HUNLEY. see it was called in due order. Mr. FITHIAN. I ask unanimous consent for the present considera Mr. l\IcCREA.RY. He asked me whenhe left to have it passed with tion of the bill (H. R. 5067) for the relief of Archibald Hunley. out prejudice. The bill was read as, follows: The SPEAKER. He was under the impression the call would begin Be it enacted, etc., That the Secretary of War be, and he is hereby, authorized Ht tlle beginning of the list. The next committee to be called is the and directed to remove the charge of resisting his superior officer, and the de Committee on the Post-Office and Post~Roads. cision of said military court-martial upon said charges, and all other charges which appear o.gainst said Archibald Hunley, late a private in Company H, Thir .ASSrSTANT GENERAL SUPERINTENDENT, RAILWAY MAIL SERVICE. tieth Regiment of Illinois Volunteers, on the records of the War Department: and the proper Department of the Government is hereby directed to settle all Mr. HOPKINS. I am directed bv the Committee on the Post-Office olaims for back pay, bounty,pension, or allowances as if such charges did not and Post-Roads to call up for consideration the bill (H. R. 4975) pro exist. viding for the appointment of an assistant general superintendent and l\Ir. OUTHWAITE. I would like to hear the report in this case. chief clerk, railway mail service. Mr. CANNON. I call for theregnlar order. The Clerk proceeded to read the bill. ORDER OF BUSINESS. 1\Ir. McMILLIN. This bill has to be considered in the Committee of the Whole House on the state of the Union. I reserve the point of The SPEAKER. The regular order is called for. The morning hour order. begins at five min~tes before 1 o'clock. The first committee in order is The SPEAKER. The point of order may be made after the bill has the Committee on Elections. . been read. l\Ir. LACEY. Before entering on the regular cal~, I ask unanimous Mr. Mcl\HLLIN. I resefie the point of order. consent to have published in the RECORD without reading-- The SPEAKER. A point of order of that kind can be made at any The SPEAKER. The Chair will submit that request later. tim6 before the r.onsideration of the bill has been entered upon. The Committee on Ways and Means aild the Committee on Appro The bill was read, as follows: priations were called, no reports being presented. Be it enacted, etc., That the Postmaster-General may appoint, and assign to . .' The Committee on the Judiciary was then called. duty, one assistant general superintendent, railway mail service, who shall be :Mr. EZRA B. TAYLOR. On behalf of the Committee on the J adi paid a salary of $3,000 per year; and one chief clerk of railway mail service, ciary I call up House bill No. 6956. to be employed in the Post-Office Department, who shall be paid $2,000 per year; said assistant general superintendent and chief clerk: to be also paid their neces Mr. PERKINS. I rise to a parliamentary inquiry. I was of the sary and actual expenses while traveling on the business of th~ Department. opinion that the call rested with the Committee on Indian Affairs. That The salaries and expenses of these officers shall be p:Ud o:it of the appropria committee certainly has not been called during the morning hour, and tion for the t-ransportatiou of mail on railways. I do not understand why we return to the head of the list to-day. The Mr. McMILLIN. I make the point of order that this bill can not be last committee called in regular order, as I understand, was the Com considAred in the House, but, as it makes an appropriation, it requires mittee on Puhlic Lands. its first consideration in the Committee of the Whole House on the state The SPEAKER. The call was gone through with, but two or three of the Union. committees were passed over, by unanimous consent of the House; and The SPEAKER. This bill is not on the Honse Calendar, and has those committees having since been called, it became necessary • t" to not been properly called up. It is in the Committee of the Whole commence a~ain at the beginning of the list. House on the state of the Union. The rule provides the committee M:r. PERKINS. But I am of the opinion that the Committee on may call up bills from the House Calendar. This is ou the Union Cal .... -... ., Indian Affair~ has never been called, because I have been ready to pre endar. sent business whenever the committee should be reached in order. Mr. HOPKINS. In the absence of the chairman of the committee The SPEAKER. The Chair is quite certain that the committee I ask the committee be passed without prejudice. 1 . was called. The SPEAKER. Is there objection? Mr. ADAMS. My impression was that the call progressed a certain Mr. DUNNELL. I object. distance and certain committees were passed <>ver, which committees nave since been called; but, as I understand, the Chair had C1nly reached CHICAGO, MILWAlJKEE AN"D ST. PAUL RAILWAY. the middle of the entire list. I have examined the RECORD to find The Committee on Indian Affairs was next called. -· .. the entire call of committees, and I can not find it. Mr. PEl{KINS. On behalf of the Committee on Indian Affairs, I \ I : :.. . ..;: '...... , '· ... 1890. CONGRESSIONAL RECORD-HOUSE. 2163 '<-.- call up for consideration the bill {H. R. 3732) to accept and mtify an vision and by and with consent and approval of the Secretary of the Interior, do hereby consent and agree that upon payment by the Chicago, Milwaukee agreement made by the Sisseton and Wahpeton bands of Sioux lndians, and St. Paul Railway Company, its suc c eSS-Or~ or assigns, to the Secretary of and to grant a riµ;bt of way for the Chicago, Milwaukee and St. Paul the Interior, for the u 0 e of our sa id bands of I11dians, the snm of 2,668.z.1, law Railway through the Lake Traverse reservation, in South Dakota. ful money of the United St.ates (being at and after the rate of l. 75 per acre in respect of the lands hereinafter mentioned), the said Chicago, Milwaukee and The Clerk proceeded to read the bill. St. Paul Railway Company, its successors and assigns, shall have and be en Mr. PERKINS. This is a lengthy bill. It has been mrefully con· titled to a right of way extending over and across tt:e Sisseton and \Vahpcton sidered by the committee. The road is now in operation under rights (or Lake 1 raverse) re ervation, in the several directions hereinafter mentioned, that is to say: fl) A strip of land not e xceeding 200 feet in width, commencing secured by treaty with these Indians after negotiation and agreement. at the eastern boundary line of said reservation, being a point in the southeast I ask that the reading of the bill be dispensed with. quarter of the northeast quarter of section 35, township 122 north, range 51 west; .Mr. FITHIAN. I object. thence in a westerly i!irection across said reservation to a point in the western boundary line thereof, to wit, to a point in the southeast quarter of fractional The bill was read, as follows: section !!l, township 122 north, range 53 west, as the same is laid down on the said map of definite location thereof herein before referred to; said strip of land Whereas the second article of tbe treaty with the Sisseton and Wahpeton to be used as a. right of way and roadbed for the Hastings and Dakota divis bands of Dakota or Sionx Indians concluded February 19, 1867, duly ratiliedand ion of said railway and for no other purpose, and containing, in the whole. 35:?.14 proclaimed (~tatutes at Large, volume 15, page 506), provides as follows: acres. (2) A strip of land not exceeding 200 feet in width, ata point on the east- .. The said bands hereby cede to the UnHed St.ates the right to construct wagon- ern boundary line of said reservation, being a point on such boundary line roads railroads, mail stations, telegraph lines. and such other public improve- about 70Vfeet southwesterly from the northeast corner of fractional section 33. ment~ as the interest of the Government may require, over and across the lands township 124 north, range 50 west; thence northwesterly to a. point in the north claimed by said bands (including their reservation as hereinafter designated), line of section I, township 129 north, range 54 west about l,OUO feet east of the over any route or routes that may be selected by authority of the Government:" northwest corner of said section 16; thence running northwesterly on a line Therefore, curving southerly to a point on the west line of section 9, in said towr.ship a nd Be it enacted by the Senate and HoWJe of Representatives of the Unued States of range, g.w feet north of the southwest corner of said section 9; thence on a. .America in Congress a~semblect, That a certain memorandum of agreement now tangent to a. point on the western boundary line of said re!!ervation, 3,240 feet on file in the office of the Commissioner of lndi-1.n Affairs, bearing date the 8th southeasterly from the northwest comer of said reservation, a total distance of day·of December, 1884, signed by Gabriel Renville, principal chief; Dave Fair- 48.37 miles, or thereabouts, as the same appears on the said two several maps of bault, assistant principal chief; l\Iichael Renville, presideut of council; Tacan- definite location hereinbefore referred to, said strip of land to be used as a.right dupaholonka, councilman: Wicanepinonpa., councilman; Ecetuk:iya, council- of way and roadbed for the Whetstone branch of the Hastings and Dakota di man · Wamdiduta, councilman; lteoja.njan, councilman: Wakinyancogana, vision extension of said railway, and for no other purpose. and containing in coun~ilman: I.xakiye, councilman, and 227 other India.us, constituting a duly the whole I,172.56 acres, together with the free and unmolested right in said certified majority of all the adult ma.le Indians of th ~ Sisseton and \Vahpelon railway company, its successors or as.signs, to construct, operate, and maintain bauds of Dakota or 8ioux Indians, occupying or interested in the lands of the a line of railroad through said reservation between the points aforesaid, sub Lake Traverse reservation, in the State of South Dakota, acting under the su- ject, nevertheless, to the due observance of the Indian intercourse laws and the pervision and by and with ihe consent and approval of the Secretary of the In- re<>'ulations prescribed, or from time to time to be prescribed, by the Secretary of terior, be, and the same is hereby, ratified and confirmed; and that a right of th';; Interior for the benefit and protection of the Indian tribes. way, not exceeding 200 feet in width, through said reservation,. in the seveml I "\Ve do further undertake and agree that if at any time hereafter the said directions and according to the maps of definite location filed ID the Depart· railway company, its successors or assigns. shall require the use and occupation ment of the Interior, be, and the same is hereby, granted to the said Chicago, of additional grounds for depot or station vurposes on either of its lines of road Milwaukee and St. Paul Railway Company, its successors and assigns, upon within said reservation, said company, its.successors or assigns, shall be privi term!il and conditions m~ntioned in said agreement., which is in the words and leged to select the same from the unoccupied lands of the reserve in quantity figures following to wit: not ex.ceeding 10 acres for ea.ch station, and not more than one station in every "Whereas by the second article of the treaty ?etween. the United States and 10 miles, upon the same terms of compensation as hereinbef?re provided for the Sisseton and Wahpeton bands of Oakota or Sioux Indians, concluded Febru- the right of way hereby agreed to, subject always to the requirements and ap a.ry 19, 1867, duly ratified and procluimed tStatutesat L>1rge, volume 15,page505, prova.l of the Secretary of the Interior for the time being; damages to individ etc.) the said bands of Indians ceded to the United State::1 the rightto construct ual property to be pa.id by the said railway company and its successors, in ad wag~n-roads, rl\ilroads, mail stations, telegraph lines, and such other public im- dition to the within-contracted payments. provements as the interest of the Government might require over and acros.;i ••Executed at the Siss.eton a"'ency, Dakota, this 8th day of December, A. D. the lnnds claimed by said bands, including their reservation as thereinafter 1881." "' designated, to wit: Beginning at ~he head of Lake Traverse, and thence along SEC. 2. That saiu railway company shall accept this right of way upon the ex the treaty line of the treaty of 11!51 to Kampeska Lake; t?ence in a. direct line pressed condition, bin ·.· ·' ... ·- 2164 ' CONGRESSIONAL RECORD-HOUSE. MARoH 12, Mr. GIFFORD. Yes; to pay it to the Indians, to whom it belongs. Mr. ANDERSON, of Kansas. Now, we have been informed that Mr. PICKLER. This bill simplyratifies the agreement of the com- there was a treaty between the Indians and the United States, and we j , • pany with the Indians. have beard a portion of the language of that treaty cited here. What; Mr._CO l:rn. Let me ask the gentleman if this road was built under I wish to ask is this: Has this company ever received from the United an agreenumt with the Indians? States, by an act of Congress, permission to enter that reservation? .Mr. GIFFORD. An agreement was first bad with the Indians. Mr. PERKIN~. The object of this legislation is to ratify the agree- Mr. COBR. But have they any other powers except those which ment they made with the Indians, including the right or way across were obt.iined from the Indians or by their consent? the re<;ervation. There bas never been any legislative action ratifying Mr. GIF.FOHD. No, sir. it. The Indiansthemselvesgavethecompanythispermission.. Hence Mr. COBB. Was this ratified by Congress? the necessity for the passage of this bill. Mr. GIFFORD. No, sir. Mr.ANDERSON, of Kansas. Inotherwords,therailroadcompany, Mr. ANDERSO~ . of Kansas. They did not receive their power from as I understand it, assume that they are the United States Govern- Congress, as I understand it? ment, and enter into a treaty with the Indians for the purpose of con- .Mr. GIFFORD. No; under a treaty. stmcting a railway through that reservation. They construct the road, Mr. A~DERSON, of Kansas. With whom? and now come to us under the guise of confirming a treaty to justify Mr. GIFFOHD. It was under a treaty which provided that they them in their unmitigated impertinence in the attempt to exercise the could get tl.Je consent of the Indians. Now, by the consent of the In- authority which is only vested in Congress. Am I correct? dians and with the approval of the Secretary of the Interior, they Mr. GIFFORD. No; I do not think you are at all. [Laughter.] entered into an agreement with the Indians tor the right of way. The Mr. ANDERSON, of Kansas. That is the position as it appears to price and everything was agreed upon, with the consent of the Indians me from the statements I have heard. and the Secretary of the Interior secured. Mr. GIFFORD. I have no doubt1 that is the gentleman's view, :Mr. ANDER.;ON, of Kansas. But from what source did this com- bot it is not correct. pany originally obta1n its authority to enter the Inrlia.n reservation? The SPEAKER. The question is on the engrossment and third read- Mr. GIFFORD. From the Indians themselves, by consent of the ing of the bill. Secretary of lhe Interior and with his approval. The question was taken; and there were on a division-ayes 67, Mr. ANDERSON, of Kansas. But by what authority? noes 8. Mr. GIFFORD. By virtue of a treaty with the Indians that they Mr. ANDERSON, of Kansas. I will save the Chair the trouble of could do so. counting by not making the point of no quorum. Mr. ANDERSON, of Kansas. A treaty with the Government, or a So the bill was ordered to be engro!iSed and read a third time; and treaty with the Indians, or under a Government treaty with the In- being engrossed, it was accordingly realf the third time, and passed. ' dians? lr. PERKINS moved to reconsider the vote by which the bill wua .. Mr. GIFFORD. I will explain to the gentleman. The Indin.ns and pai:;Red; and also moved that the motion to reconsider be laid on the the Government entered into a treaty b.Y which the right of way to I table. construct a road across this reservation could be secured with the con- The latter motion was agreed to. sent of the Indians. The Government has always held that the action LOCATION OF INDIANS IN FLORIDA ON LANDS IN SEVERALTY of Congress is of course t-0 be secured to ratify such an agreement. . . . . That is the object of this bill. Now, inasmuch as this agreement was Mr. PE,RKI~S. I now ask consideration of the bill which I send to perlectly satisfactory to the Government and to the Indians, and the th~~1 ~f 8itdes d fi ll . price regarded as ample. this bill ratifies that right. The gentleman e er rea as 0 ows. will understand that the Government provided that the ptice should A bill (S. 16) to enable the Secretary or the Interior to locate Indians in Flor· be paid for the right of way as agreed upon by the Indians, and for ida. upon lands in severalty, the 42 miles of road this money bas been deposited subject to be paid The bill was read at lenS?:th. to the Indians. Mr. McMILLIN. Mr. Speaker, this bill is subject to the point of .Mr. PICKLER. Let me say to the p:entleman from Kan~as that order that i can not be considered in this hour for the reason that the these Indians are educated, civilized Indians-farmers, supplied with Bouse Calendar that can be approached in this hour is provided for in schools, churches, and are as capable of making contracts as any white this language: men. These are not by any means blanket Indians, but they are civ- A House Calendar, to which shall be referred all bills or a public character not ilized and understand perfectly well what they are doing. raising revenue nor directly or indirectly appropriating money or property. Mr. 8TEWART, of Vermont. What is the amount of money de· This bill does appropriate money. posited? Mr. PERKINS. This money has already been appropriated. It was ~Ir. GIFFORD. The amount deposited wi lh the Secretary of the appropriated at the last session ol Congress, and this simply directs how Interior is $2,402. it may be used. Mr. ANDERSON, of Kansas. Tl!e gentleman has not yet stated in Mr. McMILLIN. But under the law, if it was not expended in the , respome to my interrogatory whether the Government has ever au· way provided for, it is to be covered back into the Treasury; and this .: tborized this company to enter the Indian reservation. is a reappropriation of money. 'l'his may be a very proper bill, and I hlr. GIFFORD. I have just stated to the gentleman that it was au· might not be disposed to antagonize it if it should come up properly, thorized under the treaty. but I think it is subject to the point of order. Ur. ANDERSON, of Kansas. But has Congress ever granted the Mr. PERKINR. This money was appropriated by the last annual authoritv? appropriation bill for the purchase of land for these Indians. The Mr. GIFFORD. No, sir. Secretary of the Interior found a difficulty in executing the direction Mr. ANDERSON, of Kansas. Just let me ask the gentleman this: of the last Congress, and has asked for this modification. The money Has the Secretary of the Interior power to permit a railroad company .has already been appropriated. to enter an lndian reservation and construct its lines without the con- Mr. Mc MILLIN. But not for this purpose. It could not be for this sent of Congress? purpose, because there is a modification asked by this bill. .. , . Mr. GIFFORD. I think so, in this case. This is an except.ion. It l\1r. PERKINS. It was appropriated to buy lands for these Indians, is peculiar. It was a mooted question whether the consent of Congress and was appropriated for that specific purpose. was required at aJl or not. Mr. DAVID:::iON. I would ask the gentleman from Tennessee, in Mr. ANDRl{SON. of Kansas. Mooted by whom, the railroad. at- view of the fact that this is a meritorious bill, to withd.-aw the point of torneys? :Because a railroad attorney will assume anythin~. order. Mr. GIFFORD. Mooted by everybody. Mr. McMILLIN. I do notresistthisbill. I donotknowanything Mr. COBB. Let me ask the gentleman how do these Indians hold about its merits; but I do think that this hour should not be consumed that reservation? by the consideration of bills which properly are not to come up during Mr. GIFFORD. As a permanent reservation. the hour. Mr. COBB. By act of Congress? The SPEAKER. The Chair will say to the gentleman that it is a Mr. GIFFORD. No, sir; under a treaty; and the language is that somewhat doubtful question whether this comes within the rule. they shall hold it as a permanent reservation. That is the exact Ian· Mr. Mcl\HLLIN. Mr. Speaker, I have addressed myself to the point gnage, I believe. of the treaty. of order, and I have read the rule. The gentleman confesses what the Mr. PERKINS. I would suggest, for the information of the gentle- bill does. His confession is that the money can not be appropriated to man from Alabama, that the treaty provides as follows: this use without legislation. Legislation appropriating money to any The said bands hereby cede to the United States the right to construct wagon· use can not be pa...qged in this hour under the second section of Rule XIII. roads, rail roads, mail stations, telegraph lines, and such other public improve l\Ir. BLOUNT. I would like to ask my friend from Tennessee a q ues ments as the interest of the Government may require, over and a.cross the lands tion, if he will allow me. claimed by said bands (including their re.'lervation as hereinafter designated) over any route or routes that may be selected by authority of the Government. Mr. McMILLIN. With pleasure. l\Ir. BLOU~T. If this bill should pass would not the appropriation Mr. COBB. Was that ratified? which bas been taken out of the Treasury be subsequently covered in? Mr. GIFFORD. This bill is a ratification of it. Mr. MoMILLIN. That is true. ~ .. ' .,. ,. ' . ·. 1890. CONGRESSlONAL RECORD-HOUSE. 2165 Mr. BLOUNT. Therefore this bill does take money out of the Treas amended so as to read as follows, to wit: "That said railway company shall build a.t least 50 miles of its railway in said Territory within three years after ury. the passage of this amendatory act, or the rights herein granted shall be for l\Ir. McMILLIN. Whenever it diverts money, Mr. Speaker, from the feited as to that portion not built; that said railway company shall construct U"e to which it was to he applied or from the use that it could be ap and maintain continuously all fences, road, and highway crossings an\). neces plied to under the previous act, it diverts it from the purpose to which sary bridges over said railway wherever said roads and highways do now or may hereafter cross said railway's right of way or may be by the proper author . •' it would go under this enabling act. This is clearly an appropriation, ities laid out across the same." I think, as contemplated under the rules. The SPEAKER. The Clerk will report the amendment recom- The SPEAKER. The Chair sustains the point of order. mended by the committee. EXTENDING TI.ME OF PAYMENT FOB. INDIAN LANDS. The Clerk read as follows: Mr. PEltKINS. I ask consideration of tbe bill (H. R. 5974) extend .Add to section l the rollowing-: ing the time of payment purchasers of land of the Omaha tribe of "Provided, That all of tbe rights. franchises, powers, and privileges by this act to granted to said railway company are hereby declared to be, and are hereby Indians, in Nebraska, and for other purposes. given, granted, and conferred upon and to it and its successors and assigns, The bill was read, as tollows: subject t-0 the same conditions and limitations a'I are contained in the act to , which this is a.mendatory, except only as to the time in which to complete the Be it enacted. etc., That the Secretary of the Interior be, and he is hereby, au construction of that part of said company's road required by section 2 of this thorized and directed to extend the time of payment of the purchase money due for land sold on the Omaha Indian reserva.ion undflr the sales mR.de by act, which shall be done within the time therein set forth." virtue of "An &ct to provide tor the sale oi a part of the reservation of the Mr. Mc MILLIN. Mr. Speaker, I was unable to hear distinctly the Omaha tribe of Indians, in the :it&te of Nebraska, and for other purposes," ap proved A Ug'ust 7, 18.-12. as follows: The time for the fir~t payment is hereby ex first section of the bill as it was read, but I am in~lined to think it is tended until the let day of Uecember,1894, the second payment to become due subject to the point of order. With the view of ascertaining the fact, in one year thereafter. and the third payment to be due and payable in one I wish to inquire of thegentlem.t,n in charge of the bill [Mr. PERKINS] year from the time fixed for the second payment: Pro,,;ided, That the interest on said payment& shall be pai ·- .. . .' -· ,; CONGRESSIONAL REOORD-HOUSE. MARCH 12, Jl,:entleman from Texas [Mr. HARE] who introduced this bill is not highway to a private corporation; and I submit to the Chair that this is present to explain it. a grant of pn blic property, and under the rules this bill can not be con Mr. HOOKER. Is there a report upon this bill? sidered in the House. Mr. PERKINS. Yes, sir. · The SPEAKER. The Chair overrules the point of order. Mr. HOOKER. It ought to be read. Mr. ANDERSON, of Kansas. I thought the Chair would. l\fr. PERKINS. I see the gentleman from Texas [Mr. HARE] is Mr. HOLMAN. Has not the hour ex"{)ired? now in his seat. The SPEAKER. The hoar has not expired. Mr. HARE. I have just come in and do not understand what isbe Mr. HOOKER. I ask for the reading of the report accompanying fore the House.. this bill. Mr. ANDERSO::N", of Kansas. Mr. Speaker, the point of order is not The SPEAKER. The question is upon the amendment reported by waived. the committee. The SPEAKER. The Chair has not beard any waiver. Mr. HOOKER. I ask for the reading of the report. Mr. COBB. Mr. Speaker, I have an amendment that I desire to The SPEAKER. If the gentleman desires to address the House, he offer to this bill at the proper time. can have the report read as a pa.rt of bis remarks. The SPEAKER. The gentleman can noto:ffer an amendment pend Mr. HOOKER. I will take the floor and dSk that the report be read ing a point of order. The Chair desires to be put in possession of the in my time. facts of this matter. If this bill does not make an appropriation of The report (by Mr. Bo9TH1\IAN) was read, as follows: land or of property of the United States, it is not open to the point The CommiJtee on Indian Affairs. to whom was referred the bill (H. R. &56) to of order. a.mend section land section 9 of an act entitled "An a.ct to authorize the Deni Mr. HARE. I do not consider this bill as appropriating lands of i>on and \Vashita Valley Railway Company to construct and operate a railway through the Indian Territory, and for other purposes," appro,·ed July 1, 1886, the United States. This is to amend a charter that was granted three subip1t the following report: years ago. The original charter required the company to construct so ln 1886 Congress passed an act granting a right of way through the Indian many miles of railroad within a certain time. The company failed to Territory from a point abont 100 miles west of the northe.Lst corner of the State of Texas, at or near Denison, in Grayson County, Texas, to a point near Fort construct as much as was required by the act, and they come now to Smith, Ark., on the eastern boundary of the Indian Territory, to the Denison a.sk that the charter be extended and that they be given three years and Washita Valley Railway Company. This act, among other conditions, re more in which to construct 100 miles. In addition to that, there is quired the company to construct at least 50 miles of the proposed road in the In dian Territ-0ry within three years from the passage of the act. About 10 miles an amendment authorizing the extension of a branch of the road to have been so constructed and are now in operation therein. The whole line con Oklahoma. templated to be builL in the Tenik>ry was something near 125 miles in le11gth. There is no public land granted, as I understand, by this bill. It The reason given why the 50 milesha.ve not been built is the failure to secure the necessary funds, the company being composed largely of persons of limited simply grants a right of way through the Indian Territory. It does not mtans, who depended on the sale of the bonds of the road for the purpose of appropriate any public domain either of the Indians or of the United completing it. States, but simply gives a charter for the right to construct a railroad. The committ~e is informed that the company has now practically succeeded in making arrangements by which it can go on and complete the road and the Mr. HOOKEH. Let us have the report read. branch road by this bill proposed to be built. in a short time. The advantages l\1r. ANDERSON, of Kansas. On the point of order I wish to say claimed to result from the road when built are that it will open up the lumber that the portion of the Territory which this right of way proposes to region of the Red River on the one hand t-o the people of Oklahoma, the Indian Territory, and Kansas, while on the other it will give an outlet to the coal enter is now public Jand. mines of the Indian Territory, which are now in operation, to the south, north Mr. HOLMAN. On the question of order I wish-- west, and western portions of that region and to the people of Texas. The SPEAKER. The gentleman from Kansas has the floor. Your committee are of opinion that the bill should be amended so as to require the company to complete the construction of not less than 100 miles of Mr. HOLMAN. I wish to suggest to the gentleman from Kansas the proposed road and branch within the limits of the Indian 'I'erritory in three .- that the general law granting right of way through the public lands years; also, that the further privileges conferred by the bill should be given does not apply perhaps to Oklahoma, inasmuch as-- upon ihe same conditions and limitations as were imposed in tbe original act to which this bill is amendatory. Tne SPEAKER. Hut the gentleman from Kansas [Mr. .ANDERSO:Y] We therefore recommend that section 1 of the bill be amended by inserting .JI.. is up1;m the floor on a point of order. at the end thereof the following proviso, namely: Mr. ANDERSON, of Kansas. I was ~oing to call the attention of •'Provided, That all of the rights, franchises, powers, and privileges by this act granted to said railwa..y company are hereby declared to be, and are hereby, the Chair to thi'i Jact: That the charter !or this company, as I under given, granted, and conferred upon and to it audits succes ors and assigns sub stano, bas expired; that while in one sense this is an extension of the jectto thesarneconditionsand limitation~a.sa.recoutained in the act to which this original charter, yet in an actual and substantial sense it authorizes a is amendatory, except only as to the time in which to complete the construction of th11t part of said company's road required by section 2 of this act, which new branch; that a portion of the land through which this right of way is shall bedone within the timethereinsetforth." jntemled to be granted to this company is now public land; that while Also amend section 2 by striking out the word "fifty," in line 3 of said sec~ in the sense in which the old land-grant roads were spoken of as re tion, and inserting tbe words "one hundred" in its stead; and as thus amended ceiving grants of public lands this road does not receive a subsidy, yet we recommend the passage of the bill. to the extent ot its right of way it does receive a grant of public Jand The amendment reported by the committee was agreed to. a grant o: public land 200 feet wide and a given number of miles in Mr. ANDEfilo}ON, of Ka.nMS. I wish to offer an amendment. I will length; that this public land is public property; and therefore, so far ask my colleague [Mr. PERKINS] whether the original act of which -· as the bill grants a right of way through any public land, it is giving this is amendatory contains the ordinary repealing clause. away public property and is liable to the point of order. Mr. PERKINS. There is a repealing clause in this bill, and there Now, I want to call the attention of the Chair to another feature of was also in the original act. the bill- Mr. ANDERSON, of Kansas. I did not hear the repealing clause Mr. PERKINS. If my friend will permit the suggestion, I will ask when the bill was read. to strike out in the bill the words "and the country known as Okla Mr. PERKINS. The original act is very careful1y framed in that homa." That will remove all question. particular. It authorizes Congress to alter or repeal the legislation at The SPEAKER. The Chair does not see how this bill in any way any time and to declare a forfeiture if the company does not conform appropriates public land. • to ,ail the provisions of the bill. Mr. PERKIN.S. I do not either; but I was willing to remove the Mr. ANDERSON, of Kansas. I wish to offer au amenflment to strike difficulty by the change I have suggested. out the word "own" where it occurs in the :first section of the bill. The SPEAKER. The bill simply grants right of way, which is a It sets forth a grant to this company of certain powers to survey, con d :fferent affair. struct, etc., a railway company, and among the words employed is the Mr. ANDERSON, of Kansas. I am not through yet. I want to word ''own.'' call the attention of the Chair to another fact. This bill in language Mr. PERKINS. I move the previous question on the amendment docs what I never knew any bill to do before: it grants the ownership and on the p~a~e of the bill. of a public highway to a company. The acts of 1862-1864did not grant Mr. A.NDER~ON, of Kansas. I move to strike out that word. -· ownership; they granted franchises; they granted certain privileges. TheSPEAKER. The.gentlema.nfromKansas[Mr. PEl ' .- - • I . ' .. ·:: i ' ...... - -, " - 1890. CONGRESSIONAL RECORD-HOUSE. 2167 The SPEAKER. The Chair recognized the gentieman in charge of I will now yield for five minutes to the gentleman from Georgia the bill. [Mr. BARNES]. The question being taken on ordering the previous question, there Mr. BARNES. Mr. Speaker, I have been seriously and earnestly were-ayes 61, noes 21. opposed, from its first presentation, to the substitute offered by the l\Ir. BUCHANAN, of New Jersey. No quornm. Committee on Territories for the organization of the government of Ok The SPEAKER. The gentleman from New Jersey makes the point lahoma Territory, and have given my preference to the Senate bill. I that no quorum is present. The Chair wHl count the House. [A pause.] am still of the same opinion. But I recognize the fact that there must The Chair counts 124 members-not a quorum. be a limit to all debate. There are other pressing and important meas Mr. PERKINS. I believe tl.te hour is ex.haust.ed or naarly so. ures coming from the Committee on the Territories. They must be con A MIDIBER (to Mr. BUCHANAN, of New Jersey). Withdraw your sidered by the Honse. This bill stands in the way. point. I recognize, Mr. Speaker, also, the further fact that it is exceedingly Mr. BUCHANAN, of New .Jersey. I will not insist on the point if important, and is so recognized by the Executive Departments of the a fair opportunity for amendment be given. Government, because of pressing nece.<>sities, that a Territorial govern Mr. PEiiKI~S. I move a call of the House. ment in some form should be organized for the Territory of Oklahoma. The motion was agreed to. r still hope that the Senate bill m::i.y be :finally adopted. The SPEAKEK The Clerk wi11 call the roll. But, sir, in view of all the circumstances and the long time that has The roll was called; and the following members failed to answer to been already given to the debate on this bill, I believe that a limit should their names: be put t-0 it, and after a full consideration of all the circumstances have Abbolt, Burrows, Grout, Rife, given my assent to this proposition and trust the opponents of the meas Ada.ms, Campbell, Ball, Rockwell, ure will, as far as possible, assent to it by the adoption of the resolu Alder on, Candler, Mass. Hansbrough, Rowell, .Allen, Miss. Carlisle, Harmer, Rusk, tion reported from the Committee on Rules limiting the debate to the Arnold, Cheatham, Haugen, Sanford, time specified. Atkinson, Pa. Clancy, Hemphill, Sawyer, Mr. AD AUS. I desire to ask my colleague a question. .Atkinson, W.Va. Clark, 'Vis. Henderson, Ill. Scull, Bankhead, Clunie, Hermann, Seney, Mr. CANNON. Certainly. '· Banks, Compton, Ilitt, Shively, 1\Ir. ADA MS. I notice that the phrase "immediately after the morn Bartine, Cooper, Ind. Hooker, &kinner, ing hour" occurs twice in the pending resolution. I had supposed Bayne, Cothran, Kerr, Pa. Smith, Ill. Beckwith, Crain, Knapp, Su id er, that the morning hour under our new rules lasted all day, unless ter Belden, Dalzell, Laidlaw, Stahlnecker, minated by a particular motion; and I will simply ask whether ther.e Bergen, Dargan, Lehlba.ch, Struble, may not be some ambiguity in the expression? It should have been Biggs, Darlington, :Magner, Thompson, Bi11gha1n, Dunphy, Mason, Turner, Kalli!. "after the first sixty minut.es of the morning hour have expired." Blanchard, Edmunds, McCarthy, Vande,·er, Mr. CANNON. I will accept the amendment and moduy the reso Bland, Elliott, McClammy, Walker, MBB!t. lution accordingly. Bliss, Ewart, Miles, ·wa1tace, l\1ass. Boatner, Farquhar, Morgan, Wallace, N. Y. Ir. HOOKER. Mr. Speaker, I would like to be heard on this ques Boutelle, Featherston, • forrill, Wheeler, Mich. tion. Bowden, Fit<:h, :Mutchler, Whitthorne, 1'ir. CANNON. I will yield :five minutes to the gentleman. Breckinridge, Ark. Fithian, Perry, Wickham, Brookshire, Flick, Phelan, Wilber; Mr. HOOKEl~. Before that, I would like to have the proposed sub Brower, Flood, Price, Willcox, stitute again read, not in my time. Browne, T M. FornPy, Quackenbush, Willi ms, Ohio The suhstitute as modified was again read. Brown, J.B. Fowler, Raines, Wilson, K~· Hrunner, Frank:, Randall, :\lass. Wilson, Wash. Mr. HOOKER. Mr. Speaker, I am at a loss to understand what is Buchanan, Va. Funston, Randall, Pa.. Wise. the purpose of the Committee on Rules in presenting a proposition of Buckalew, Goodnight, Ray, this character to- limit the debate on a measure of the importance of The SPEAKER. Two hundred an'1 ten members have answered to that which is now under consideration. We are confronted with a propo their names, which are more than a quoram. sition here to introduce a special rule with reference to the considera Several members asked to have their names recorded, having come tion of this Oklahoma bill; hat, like all special rules, it is obnoxious to in after their names had been called. the objection that it is int.ended to apply to a particular measure only, The SPEAKE({. The rule provides for noting members reporting and will cease and have no further force or effect after that particular to the Clerk to be recorded as present. measure shall have been disposed of under the special rule invoked. Messrs. Eo:uuND , SHIVELY, HANSBROUGH, ALLEN of Mississippi, Now, sir, WA are considering this measure, this amendment of the BROOKSHIRE1 ATKINSON of Pennsylvania, ELLIOTT, ADAMS, GROUT, House the Senate bill, and we are considering it in Committee of the BRECKINRIDGE of Alkansas, TILI,MAN, ABBOTT, BURROWS, MOR Whol . We have progressed to a certain point-to the consideration RILL, F ARQOHAR, DALZELL, and HENDERSON of Illinois appeared, of s en sections of the bill-and now the Committee on Rules, consist and were recorded as present. ina: of but fiye members of this body, two from the Republican side, Mr. CANNO~. I move that all further proceedings under the call t o from the Democratic side, and the Speaker of the House, who is be di~pensed with. ..cofficio chairman of the committee, here propose to limit all discussion The motion was agreed to. and action on this measure. I want to call the attention of the House OKLAHO)f.A.. to the fact that if the Committee on Rules have the power to introduce Mr. CANNON. I am directed by the Committee on au arbitrary rule for the governance of the House in the consideration of mit the following report. any particular measure it may do it as to all measures. We may as sume, if the exigency arises, that they may be expected to exercise the The Clerkread a~ follows: The Committee on Rules, to whom was referred the following resolution: same power and that it will be exercised on every other bill or every "Resolved, 'I'ht..t the Committee of the Whole House on the state of the Union other occasion on which it may be the desire of the majority to force an be discharged from the further consideration of Senate bill (::). 895) to provide a early vote. temporary government for the Territory of Oklahoma, and the substitute there for reported by the Committee on Territ-0ries, and that Thursday, March 13. l890, Why, Mr. Speaker, should this be done? What necessity exi&-ts at be set apart for the con-;ideration of such bill, immediately after the morning this time for it? Why not abide by the rules that have been adopted hour, and that two hour:i be given for general debate and for the offering of for the goyernment of the House with regard to this bill and in regard amendments to such bill and substitute, at the expiration of which time the pre vious question shall be con~idered as ordered on such bill and pending amend to all other bills? Why should we adopt a special rule to apply to the ments, and immediately thereafter the vote shall be taken in order upon such consideration of this measure departing thus early from the rules, which pending amendments and the passage of the bill and the substitute recom have been incubated after months of deliberation by the Committee on mended therefor; " having had the !lame under consideration, report the same back with a. substitute Rules and presented for the coneideration of the House, and for its therefor, and recommend the a.doption of the said substitute in the following guidance in the transaction of the public business? Why now stop in words: the midst of the discussion and consideration of this important meas "Resnfved, That immediately after the morning hour this day the House shall resoh·e itself into the Committee of the Whole House on the state of the Union ure and l<>t this committee report its special rule by which the pre- · for the further consideration of the bill (S. 805) to provide a. temporary govern· vious question shall be considered as ordered at a specific time, and ment for the 'l'erritory of Oklahoma. and a substitute therefor reported by the thereby force action upon the bill whether the House has considered Committee on Territories; and that the <>onsideration of the said bill be con tinued in committee during this legislative day; and that on to-morrow, imme it fully or not? diately afler the morning hour, the Committee of the 'Vhole House shall re· Mr. Speaker, there are over thirty sections to this bill. We have , _ sumo the consideration of the said bill. and at 4 o'clock on said day the com considered thus far but seven. There are numerous amendments pro mittee shall rise and report the bill to the House, with such amendments as may hal'e been agreed to; and thereupon the previous question shall be deemed or posed in regard to the other measures em bodied in the bill, and if you dered upon said a.mend men ts, and the engrossment and third reading and pas· fix a particular time for calling the previous qne-;tion to-morrow or at sage of the bill." any future time, as is proposed by the Committee on Rules, you may Mr. CANNON. This substitute recommended by the Committee on exclude and will. in all probability, exclude the consideration of many Rules, if adopted, provirles that the balance of to-dav, and to-morrow of the most important amendments. This is a measure, as all gentle until 4 o'clock, shall be devoted to the consideration of the Oklahoma. men will concede, of the utmost importance, and is one which ought bill, at which time the previous question shall be considered as ordered to be considered under the rules of the House. It should be considered on the bill and substitute therefor and amendments in the Committee in accordance with the rules adopted by the House for the government of the Whole House on the state of the Union. of all such matters, and if there be a reason why this rule should be -- -. ., ,. '. ,• ·- .' \ -, 2168 CONGRESSIONAL RECORD-HOUSE. MAROH 12, ' ... introduced by the autocratic power of the Committee on Rules, I warn and there being a quorum present, the previous question is ordered. you gentlemen that you may look for a similar innovation on all other The question is now on the adoption of the resolution. ·.. measures of public importance, and you may expect that when rules The resolution as amended is as follows: are adopted by the House to meeli certain contingencies and to fit cer Re.soloed, That immediately after the call of committees under clause 4, Rule tain purposes, cutting off debate on a particular measure-that you XXfV, thisda.y, theHouseshallresolveit.selfintoCommitteeofthe Whole House may expect a like character of rules to apply to other equally impor on the state of the Union for the further consideration of Senate bill (S. 895) to provide a temporary government for the Territory of Oklahoma and a. substi tant m~asures, and to any measure, no matter what it is, which may tute therefor reported by the Committee on Territories; a.nd that the consider come before the House for consideration. ation of the said bill be continued in committee during the remainder of this leg I do not look, sir, upon the rules which require the House to pause, islative day, and that on to-morrow, immediately after sixty minutes have been occupied by a.call of committees, the Committee of the Whole House on thestato reflect, and consider before expressing its judgment; I do not look upon of the Union shall resume the consideration of the said bill; a.nd at i o'clock on the rules which require argument which will illustrate and elucidate said day the committee shall rise and report the bill to the House with such facts and truths and impresses upon the people the great consequences amendwents as may have been a.greed to, and thereupon the previous question shall be deemed ordered upon said amendments, and engrossment and third involved in that particular controversy; I do not look upon such rules reading and passage of the biJl. as in the way of a proper conduct of the public business, but on the The resolution was adopted. contr 1ry as auxiliary if not essential to the conduct of such cases. But, The House accordingly resolved itself into Committee of the Whole whatever be their character, they have been adopted by the House; House on the state of the Union, Mr. PAYSON in the chair. they are the rules of the House, framed for its government, and why The CHAIRMAN. The House is in Committeeofthe Whole for the should the_y be changed? And if they may be changed in regard to this further consideration of the bill (S. 895) to provide a temporary govern particular bill so they may also be changed and altered in respect to ment for the Territory of Oklahoma. Section 7 of the bill was under every measure w hicb may come before the House of Representati ve.s. consideration, and the gentleman from Massachusetts [Mr. MORSE] is l can see no reason whatever for it. The committee have a right entitled to the floor upon an amendment which was then under con to determine this question in the ordinary manner fixed by the rules sideration. of the Hoose. We have considered it for some time in committee, Mr. MORSE. Mr. Chairman, it is not my purpose to detain the but now we are asked to adopt another rule which takes it away House with any remarks at this time. I simply desire to say that, from the committee, and I tell you gentlemen again if you do this after conferring with legal gentlemen who are members of this House you may well expect your general rules to be superseded at any mo upon this floor, I think it best to withdraw the amendment I offered ment by reports from the Committee on Rules, on resolutions offered and to offer the following amendment as a substitute for that amend by gentlemen limiting debate upon any particular measure. You may ment, which will obviate all the objections raised to the other amend· expect the limitation of debate upon the great question of taxation, ment. and yon will have it on every other great question. And I say if this The Clerk read as follows: supersedes the standing rules and orders of the House you may well Amend section 7 by inserting, after the word "Territory," in line 6, the fol- and reasonably expect to have the same proposition made when we lowmg: " come to consider that great question of taxation, the most vital ques "And that the provisions of section 2139 of the Revised Statut.es be, and the / tion which can be considered by this or any other Congress. same are hereby, extended to this Territory until otherwise provided by law." [Here the hammer fell.] Mr. STEWART, of Georgia. I desire to have that section read, Mr. Mr. CANNO.N. A word in reply. I yielded to the gentleman from Chairman, that it may be thoroughly understood. · Geor~ia [Mr. BARNES] five minutes, and, in simple justice, yielded to The Clerk read as follows: the J!~ntleman from Mississippi [Mr. HooKEB] for five minutes, as they No ardent spirits shall be introduced under any pretense into the Indian country. Every person (except an Indian, in the Indian country) who sells, occupied different positions upon this matter. Now, as I said in the exchanges, irives, barters, or disposes of any spirituous liquors or wine to any beginning, this order, if adopted, will devote the balance of to-day and Indian under the charge of any Indian superintendent or agent, or introduces to-morrow until 4 o'clock to the considerat.on of this bill, and then or attempts to introduce any spirituous liquor or wine into the Indian country, come a vote, the consideration commencing to-morrow after the ex shall be punishable by imprisonment for not more than two years and by a to fine of not more than S3tl0. But it shall be a sufficient defense to any charge of piration of sixty minutes spent in the morning hour. introducing or attempting to introduce liquor into the Indian country that the Mr. BRECKINRIDGE, of Kentucky. Will the gentleman from I1li acts charged were done by order of or under authority from the War Deparl; noisallow measuggestion, which is this: To strike out "sixty minutes mentor any officer duly authorized thereunto by the War Department. in the morning hour,'' and let the consideration commence immediately [Cries of" Vote!" "Vote!"] atter the reading of the Journal? Mr. STEWART, of Georgia. Mr. Chairman, I do not desire to dis Mr. CANNON. I would prefer not to dispense with the sixty min cuss this matter, but only to make one statement. A gentleman the utes of the morning hour. other day made the statement that the laws of Nebraska covered this Mr. BUECKlNRIDGE, of Kentucky. It makes a delay of sixty question. . The Nebraska statute provides that by the consent of thirty minutes. freeholders the right to retail spirituous liquors may be granted under Mr. CANNON. For that matter, I want to say that the Oklahoma license of that State. Thinking that there was some mistake about bi II almost from the commencement of this session has blocked the way, that, I desire to call the attention of the House to that fact. I have and it has been talked about and discussed till I think all of ns under the gentleman's statement in the RECOBD to that effect. stand the merits of this bill and the proposed substitute. I believe, for Now, I only want to make one passing remark. The provision read one, that a great block of our people in a portion of our Territory, with applies to the Indian Territory. Some question has been raised on the out government and substantially without law, should not be com floor as to the fact that No Man's Land is not strictly in the In I \ ..:. ., ... '- ,, ~ . ,, 1890. CONGRESSIONAL RECORD-HOUSE. / 2169 allows women to vot-e upon all questions pertaining to the municipal States north and south. Tbe bill, however, speaks only of the stat government of cities and towns and in relation to schools, and we find u tes. not of the constitution. that it works very well, and adds a ~reat deal to our power to enforce .Mr. CULBERSON, of Texas. I think the gentleman is mistaken the prohibition law. Indeed, I think that without this provision pro about that. hibition, even in Kansas, would be a failure. Now I hope the women Mr. PICKLER. Mr. Chairman, while I believe in the prohibition who have gone to this new Territory as pioneers will be placed on an law of the State of Kansas-while I believe in prohibition upon prin equality with the men who have made sacrifices by going out there, ciple-that is only one reason why, in my judgment. the statutes of and that their counsels and their intelligence and their patriotism will Kansas should be applied to this Territory. As 1 was about to remark, be felt in the popular vote in the same way that it is in the State of a large number of the people in that Territory are from Kansas and are Kansas, and will have its influence in the enactment of laws for the acquainted with the provisions of the statutes of that State. United governm~nt of that Territory. States marshals from Kansas are the officers who have been protectinJ? Mr. KERR, of Iowa. M:r. Chairman, I move to strike out the la.st the citizens in that Territory sinee it has been settled. Prisoners held word. Jn addition to what the gentleman from Kn.nsas [Mr. KELLEY] to answer there are held to answer before the courts of Kansas. Okla has just said with regard to this matter, I think it is very important, homa City in its organization adopted the laws of Kansas for ita gov in the organization of this Territor:y, to provide against the introdnc ernment. There is, therefore, it seems to me, every argument why the tion of intoxicating liquors. The gentleman from Kansas has ad laws of Kansa.'3, rather than the laws of Nebraska, should be extended duced forcible reasons why the laws of Kansas should prevail in this to thi3 Territory. Why the laws of Nebraska should be applied to this Territory, but, in addition to that, I wish to suggest that in Kansas, and Territory, as this bill provides, is something that I do not understand. in Iowa, and in every State where the policy of vrohibition has been .l\'lr. Chairman, aside from what may be the opinion of any gentleman adopted we find that one of the strongest ar~nments made against it on this floor as to the liq nor question, thi'i matter of keeping intoxicat is that it is a violation of vested rights ; that the liquor-dealers have ing liquors oat of that Territory is a very serious one for the people vested interests which the adoption of the policy of prohibition affects there. Let us provide in this bill, as the General Government has pro injuriously The govnnor of my State, elected last fall, devote.q a vided up to this time, that no intoxicating liquors shall be admitted into great deal of space in bis me~age to arguing that aur prohibitory laws that Territory until its own Territorial Legislature shall act upon this are destructive of vested rights. Now, in order that this question may question. It will be time enough, gentlemen, for saloons in Oklahoma not hereafter arise in the Territory of Oklahoma an - ., ; '· •. 2170 CONGRESSIONAL RECORD-HOUSE. }fARCll 12, act of Con1!ress should repeal it; an act of the Territorial Legislature For these reasons, 1tir. Chairman, I must oppose this amendment. could not do so. It underta,kes, not to leave the people of the Territory free, as some Mr. PICKLER. That could be very easily remedied by modifying body said on the other side, to choose a system, but it fastens a system the terms of the provision. on them, a system which is exceptional, a system which does not pre Mr. STEWART, of Georgia. l\Iy amendment provided for that. vail in a majority of the States of the Union, and it undertake to de Mr. ROGERS. I did notso understand. f.ermine that system in advance and commit this Territory in the direc l\fr. STEWART, of Georgia. By its terms, it was provided that it tion of what is 1..'llown as prohibition. Is essays to achieve the great should remain in force ouly daring the Territorial existence. purpose of the prohibitionist, to lay the foundation of a State in pro Mr. ROGERS. t thought the provision was that it should continue hibition. in force until repealed by a law of Congress. Mr. PICKLER. Let me ask the gentleman a question. Mr. PICKLER. I will detain the committee but a moment longer. Mr. CHIPMAN. Ask your question. I submit that the people of Oklahoma. Territory, if they could voice .Mr. PICKLER. Either I do not understand the proposition or the their sentiments, would by a large majority say to you in no uncertain gentleman does not. We only seek to keep the liquor traffic out until tones, ''Keep liquor out of our Territory until we have our own Terri the first Legislature is organized to determine the matter. torial laws." I know that is what a large majority of them desire. Mr. CHIPAIA.N. That is what I am opposed to. I do understand Remember this, gentlemen: thatthe Government of the United States the gentleman. I do him the compliment to say he expre es himself has by its strong arm kept liquor out of this Territory from tl;ie time of clearly, and it is that \ery thing I object to. I object that the peo its :first settlement until the present. Now, can you afford as a House ple of my State, that the brewers, that the men who have their of Representatives of the United States to fo1ce liquor upon those capital invested in this business shall be handicapped in order that people by voting for this bill as it stands? It seems to me not. the views the gentleman who has just questioned me entertains shall I say, therefore, this proposition involves a broader question than be made the foundation of the future of a great Territory, and of what what a man may believe on the liquor question. That is not the prime will be a great State, that they shall be the rule of action in advance of inquiry. The important, the paramount question is whether the House everybody who· goes into the Territory. That is what I am opposing, of Hepresentatives will continue the policy which the Government has and that is what I invite the House to vote down in the shape of the pend heretofore adopted, and keep liquor out of that Territory until these ing amendment. I do not propose that my constituents who are in the people can form their own laws and until these perilous questions to liquor traffic shall be branded as outlaws. which I have referred-because the questions in respect to property [Here the hammer fell.] rights with regard to town sites, etc., are perilous questions which are Mr. ALLEN, of Michigan. I am surprised, Mr. Chairman, that my to be settled in the coming months-until these perilous questions have colleague would open this Territory to the liquor traffic, by indirection been settled by the act on of the people of the Territory. I hope this or otherwise, until the people thereof have had opportunity to express House will coolly and deliberately say by its vote to the people of Okla their choice. All must admit that without the presence of statutory . ~ homa: "As the United States Government has kept liquor out of your law saloon-keepers can go now into the Territory as freely as those who Territory until the present, we will continue that policy, and will not go there with dry goods and groceries. In other words, under the com allow it to come in until you say so by your own enactment." That mon law there is no restriction on this business. Here we have a Ter is reasonable. There is nothing unfair about that. It does not com ritory which has been kept in order by the good sen e and good con promise the convictions which any gentleman may entertain in regard science of the people, aided by the United States Army. [Applause. l to the liq nor question. It is in the line of peace, good order, right, and Through the course of procedure relative to this Terri~ry there has not justice. I hope it will prevail. been a day or an hour that. the. use and sale of liquor there have not been Before sitting down I will say that I do not care in what form the prohibited. My friend from Michigan who opposes this amendment pui:po e I have aif vocated be accomplished, whether by a. continuation proposes, instead of leaving things in stntu quo. to throw down the bar of the statute of the United States on the subject of intoxicating riers and admit whisky with no more restrictions than .upon the ad liquors or by extending to this Territory the statutes of Kansas. I mission of dry goods, except a small tax and without opportunity on simply desire that by some effectual provision intoxicating liquors shall the part of the people there in any manner to prevent it It is that be kept ont of this Territory until the Territorial Legislature can pass we object to. We say things should remain as they are in this Terri on the question. tory until the people have organized their Government and can act on Kow, Mr. Chairman, I desire to have the following letter read in the question for themselves. [Applause.J clo«ing my remarks. Then ff they want prohibition let them have it. If they want li The Clerk read as follows: cense they will legalize it. Bat as far as we are concerned it wonld NATIONAL W03UN'S CHRISTIA;.~ TEMPERANCE UNION, be a fatal mistake for this House or for Congress to reverse what has Chicago, IU., March 6, 1890. been the policy of the Government ever since the first white man set To Ute honorable Senate and House of Representatit:es of llte United States: foot in this Territory, to wit, to keep alcoholic liquors out of it. We In_view of the fa.,·t that your honorable body is considering a constitution for I ' Oklahoma, we, the undersigned, representing more than one hundred and fifty can not afford to allow it, and that is the only question before us now, thousand women, beg that you will use the constitution of the prohibitory State namely, whether we will let things remain as they are or allow whisky of Kansas as yon.r model. to come in free as a commodity, when every man, whether he uses it or Oklahoma has never suffered the disgrace of the legalized liquor traffic, and we earnestly entreat that the United States Government wili continue to pro not, knows it to be an evil, and an evil which should be held in check tect her in this, as in every other particular, and that this may go into her by the most stringent laws. fundamental law. Mr. CHIPl\IAN. Will my colleague allow me to ask him a ques FRANCES E. WTI..LARD, President National Woman's '. ,_ • # f ...... ,- .~ ,, ·. _18_9_0. _ ___;..... ____c_o_N_G_R_E_ss_1_0N_A_L~R-E_C_O_R_D~-H-O_u_s_EOKL_· ---o-MA-. ____ 2_1 _ 11J . ~- .. The Clerk read as follows: ~ Add to section 7: The Committee of the Whole resumed its session. . '_- · "Provided., ThattheconstitutionalprovisionofKansa.sdisfranc~isin~persons Mr. CU'fCHEON. 1\fr. Cha1"r·man, I have not occup1'ed .. s1'ng1e mo- ' . who served in the Confederate army snall not apply to the qua.lificat1ons of a .1.• •• voter in the Territory." ment of the time of the Committee of the House during this session of Mr. PETERS. That will obviate any objection on that score. I am Congress with reference to the Okla.boma bill. free to say, from my intercourse with the people in .the Territory, that When this, or a similar bill, was under consideration in the lastCon they do not desire that any of those who served lll the Confederate gress it did not meet my approval. It seemed to me that, as I said army should be deprived of the privilege of voting. I agree that the then, we were providing for a government before we had a peuple to be time has come when a Territory should be allowed to nx its own citi- governed: bot since the adjournment of the Fiftieth Congress the sit .... ; zenship, as far as the question of voting is concern~d, an.d I believ~ ~he nation bas changed in the opening of Oklahoma Territory, and I trunk amendment proposed will exempt from the operation of that prov1s1on we ought now to recognize the fact that civil government must be pro· in the law all such persons. vided for that Territory. Mr. CULBERSON, of Texas. But does not the constitution of Kan- I desire to address myself now directly t.o the amendment offered by sas go still further and prohibit such persons from not only exercising the gentleman from Kansas [M:r. KELLEY]. The committeeha>e re the right of suffrage, but from holding any r ~ c:;ition under ihe govern- ported in favor of extending the laws of the State of Nebraska-that ment? is, general statutes, which are not locally inapplicable and conflicting Mr. KELLEY. I will accept the modification of my amendment as with this act-over the new Territory of Oklahoma. The first thing that suggested by my colleague [Mr. PETERS]. strikes the mind of one who contemplates this proposed enactment is, Mr. PETERS. The suggestion of the gentleman from Texas calls t.o that the committee have passed over the State which is most contigu my mind an additional provision of oar Constitution which will be nee- ous to the proposed Territory and taken the statutes of another State, essary to a-0eept also, namely, the provision that men can not hold of- entirely removed in locality and in circ•mstances from the proposed :fice under the Constitution who served in the Confederate army, and I Territory. No explanation has been jtiven here of this remarkable will make that change in the amendment. fact, unless it has been done in the remarks just submitted by the izen- Now, Mr. Chairman, while I have theftoor Iwish to say a word upon tleman from New York [Mr. FITCH]; and that is that tba committee another question which has been raised here, namely, prohibition. I recognized the State of Kansas bad a prohibitory liquor law, while the .. • ~ want to testify from personal observation that there is not a law that State of Nebraska bad a high-license law. can be framed that is more essential to the peace and good order of Mr. DORSEY. If my friend will allow me t.o interrupt him, I will that Territory of Oklahoma, when it shall have been formed, than this state that there were other objections to the Kansas statutes. There ·~.. law of prohibition. We have a law now, a.statute law, which prevents was the disqualification of men who had been in the Confederate serv- the introduction of whisky into the Territory. ice. Mr. CANDLER, of Georgia. Does it prevent? l\Ir. CUTCHEON. For one, I am in favor of removing that objec- 1\Ir. PETERS. Yes, sir; as much as any law for the prevention of tion. crime. It prevents as much as the law for the suppression of murder. Mr. MANSUR. If the gentleman will permit me to interrupt him, There is a criminal law on the statue-books of all of our States probib- I will state the matter as I under.stand it-and I appeal to the ~entle iting murder and horse-stealing and similar crimes. In every 8tate of man from Nebraska to inform me whether I am correct-if it be not the Union we have such laws, prescribing punishment for horse-stealing true that they have prohibition in Nebraska. by virtue of the general and also for the crime of murder. This prohibition law prohibits just law, but that each and every county can by vote adopt high license, as well as any of them. and that we took that as a compromise in the committee. Mr. KILGOLm. Will the gentleman allow me a moment? Mr. DOR EY. That is true. Mr. PETERS. I will yield to the gentleman for a question shortly. l\Ir. CUTCHEON. Mr. Chairman, I hope these interruptions will We have laws in all of the States prohibiting murder, and yet we not come out of my time. , \ - have murder committed even within the shadow of the Capitol of the The next thing that strikes my mind in regard to this amendment is United States. We have laws prohibiting all crimes, and yet the pros- this: Here is a Territory in which this traffic in intoxicating liquors bas ecation of criminals takes up much of the time of our courts for the never been permitted; in which, undP.r the laws of the United States, administration of justice; and if that objectionisanyargumentagainst beinganladianTerritory, it was a crime against the laws oftbe United prohibition, the same can be made against any law, whether it be in States to take, vend, or giveaway a single drop of intoxicating liquors: regard to horse-stealing or murder or any other crime prohibited by There are in this Territory more than 60! 000 Indians of various tribes, common or statute law. who will be there just the same after this bill becomes law as they are Mr. FITCH. Mr. Chairman, it is claimed that this is an attempt to-day. They will be subject to the same passions, subject to the same on the part of the advocates of prohibition to do here in the House weaknesses, subject t.o the same influences preci ·ely, after this so-calle,d what they were defeated and prevented from doing in the committee. Oklahoma bill becomes a law that they have been under in the past. I. In the committee this same matter was brought up and discussed. The They will be Indians still. And if it bas been necessary in thr past, in advocates of one side desired the laws of Arkansas and on the other order to protect them, and protect others around them with whom they the laws of Kansas; and the law of Nebraska, where a. high license ex- come in contact, from the influences of the sale and use of intoxicating ist.s, was selected as a compromise measure. Now these gentlemen, liquors it will be equally as important that the restriction shall con- with their pet hobby of prohibition, which has been voted down in tinue in the future. State after State, North, lately, would attempt to put on to this Terri- We set apart this Territory years and years ago. We said by solemn tory this Kansas law which, as I say, State after State has voted down treaty obligation that it was set apart as a perpetual home for these and refused to accept, and the question is, will you override the unani- Indian tribes. That treaty bas never been abrogated by the consent of moos decision of the committee on a fair compromise to have the law these people. We propose now, contrary to the express stipulations of J •• of Nebraska taken, in order to place gentlemen who are the advocates that treaty, to extend a Territorial government over the people-a peo of probibi1ion before their Republican or Democratic constituencies, ple to whom we committe I ourselves by solemn treaty obligations thnt as the case may be? we would never extend a Territorial or State government over them ex- MESSAGE FRO~! THE -SEN ATE. cept by their consent; and it seems to me that we propose to break The committee informaHy rose; and Mr. BREWER having taken the this treaty obligation. We propose, also, to thrust this unspeakable, chair as Speaker pro tempore, a message from the Senate, by Mr. Mc- this indescribable curse upon these Indian people, open whisky shops CooK, its Secretary, announced that the Senate bas passed a concurrent all around them and let a flood of evil in upon them. For one, I stand resolution providing for the printing of 5,000 extra copies of the report here to protest against it, in the name of humanity, in the name of of the Superintendent of the United States Coast and Geodetic Survey decency, in the name of the plighted faith of this great nation, that is for the fiscal year ending June 30, 1889; in which concurrence was re- not to break these treaty obligations with its weakest wards. [Ap- quested. plause.] It also announced that the Senate agreed to the amendments of the Mr. McRAE. Mr. Chairman, the proposition is t.o strike out Ne- Houseto the concurrent resolutionof the Senateauthorizing the Senate braska and insert Kansas where it occurs in the bill, thus extending Committee on Immigration and the House Committee on Immigration the laws of the State of Kansas over the Territorv of Oklahoma. I am and Naturalization to jointly invest4?;ate the workings of the various opposed to this in any shape, but if it is to be-done at all I hope the laws of the United States antl of the States relative to the immigration amendment will be modified as was suggested by the gentleman from from foreign countries to the United States. Texas [Mr. CULBERSO:Y]. Iopposetbisamendmentwitboutanyrefor- Also, that the Senate agreed to the concurrent resolution of the House ence to constitutional prohibition in Kansas or the high-license laws .to authorize the printing of additional copies of the tenth, eleventh, of Nebraska. The controlling objection with me is to that clause of the and twelfth annual reports of the Director of the United States Geo- constitution which disfraPchises Confederate soldiers and other persons logical Survey. who aided or abetted in the late rebellion. Until a. moment a,go I did It also announced that the Senate returned, in compliance with the not suppose such a law existed in any State in the Union. I have just request of the House, the bill (S. 140j to prevent the introduction of examined the constitution of Kamias and much to my surprise find that contagious diseases from one State to another, and for the punishment there is !"nch a provision. I will ask the Clerk to read that part of of certain offenses. section 2 of Article V relating to this subject. .· - ... ' . .· . .~ .,, '. ~ 2172 CONGRESSIONAL RECORD-HOUSE. ~!.A.ROH 12, The Clerk read as follows: considered by the Committee on Territories. We listened to gentle • • 11 No person who has ever voluntarily borne arms R"'ainst the Govern- men from Oklahoma. representing every shad~ of political conviction ment of the United States or in an v manner voluntarily aided or abetted in the and of party affiliation. Some were in favor of the adoption of the attempted overthrow of said Government, except all per::1 ons who have bee n laws of Kansas, others desired the adoption of the Arkansas statutes; honorably dlscha~d fr ·m the military service of the United States since the 1st day of April, A. D. 1861, provided that they have served one year or more some favored the statutes of Texas, and some California or Illinois. therein, shall be qualified to vote or hold office in this State until such disability We found these adverse and conflicting views among those representing .~ - shall be removed by a law passed by a vote of two-thirds of all the members the people of Oklahoma, and we found also that as a committee we of both branches of the Legislature. were divided. Mr. McRAE. Now, Mr. Chairman, whatever gentlemen may think Personally I favored the statutes of Kansas, and I believe, as the about prohibition, the Congress of the United States ought not to sanc gentleman from South Dakota [Mr. PICKLER] says, that a majority of tion any ~uch law as this. It can not now at this distance from the the residents of Oklahoma at this time desire to have the statutes of war period afford to extend such laws over a territory inhabited in part Kansas exteniled over them; but, for the purpose of compromise, the by the class of citizens th us discriminated against. As a rule, the Con committee agreed on this provision in relation to the laws of Nebraska, federate soldiers are good citizens, Joyal to the Government, and as and I think we should stand by that agreement, and therefore I ., , ' - l • . , I• ·, 1890. CONGRESSIONAL RECORD-HOUSE. 2173 Mr. PERKINS. I E.ay that personally I think it is better to have unable to disCQver that the enactment of any special laws by any law the present conditions continut>d and preserved upon that subject, and creating authority in the country has ever yet bad the effect of pre I voted for the amendment offered by the gentleman from Mas.~a.cbu venting the indulgence of the people in intoxicating drinks. What. setts for that reason. Pesonally I prefer to have prohibition extended we want t-0 do is not to undertake to say that a man shall or shall not ., over this Territory. But I believe in local government, and in due do a particular thing; but we want to adopt on this question the very time I would give to the people of Oklahoma the right through their best regulation we can establish; and that, in my judgment, is not Territorial Legislature to legislate for themselves on this su~ject. prohibition. It has failed in every instance where it has been estab Every man who has had occasion to investigate this question at all lished. In States where they have amended their constitutions to pro knows that the prohibition which has prevailed in Oklahoma during vide for prohibition there is as much liquor consumed as there ever the last ten months has contributed wonderfully to the good order pre was. [A ppla use.] vaiiin~ there, bas contributed wonderfully to .the protection of prop Mr. FUNSTON. I dispute every statement made by the gentleman erty, the preservation of peaceand good order, and the safety of human from New York City. [Laughter and applause.] lifo. I presume that most of the members of this Honse know that Mr. SPINOLA. Oh, sit down, and speak in your own titne. [Laugh under the statute of the United States no intoxicating liquors can be ter anti applause.] introduced or sold within the boundaries of the Indian Territory or Why, take the State of Maine, which has tried prohibition for thirty up0n any of the Indian reservations or to Indians. or forty years, and there is more whisky consumed there to-day than Mr. DINGLEY. I wish to ask the gentleman whether section 2139 when prohibition was begun. So it will continue for all time. [Ap of tbe Revised Statutes applies now to the territory included in Okla plause.) homa? Mr. FUNSTON. I deny it. [Laughter and applause.] · Mr. PERKINS. I was about to remark that the President of the Mr. SPINOLA. Sit down. [Laughter.] Mr. Chairman, if you do United States directed that the forces in control there during the time what is right and proper, we will surround the use and sale of liquor intervening from the opening of the Territory until the present should with proper regulations. Yon can not stop men from doing what they not permit intoxicating liquors to be introduced or sold there. There wish to do. even as to the commission of crime. Yon can not make was some question in the mind of the Attorney-General whether the any law so severe as to stop them. Nor, sir, can you frame any law to .. section referred to continued in force after those lands were opened to prevent men from the gratification of their appetites, whatever they sett lement; but to avoid any question President Harrison gave the in may be. structions I have suggested. Kansas! Prohibition in Kansas! Why, sir, I am sick of Kansas Mr. DING LEY. Then the effect of the passage of this bill re- and i~ prohibition! [Great laughter and applause.] ported by the committee would be to set aside section 2139 of the Re Mr. PETERS. They are not your kind of politics. [Renewed laugh vised Statutes so far as it applies to Oklahoma- ter.] Mr. PERKINS. I think so. Mr. SPINOLA. No; they are not, and I thank God for it. [Laugh Mr. DINGLEY. And substitute the Nebraska license system? ter and applause.] Mr. PERKINS. Substitute the Nebraska statutes. I think that Mr. FUNSTON. I suppose you prefer those ofNewYork City. would be the effect so far as Oklahoma proper is concerned, but would Mr. SPINOLA. Yes, sir; I do. I come from New York City, one ·• not change the law as to Indians or Indian reservations. of the most christian. intelligent. and enterprising communities on the Mr. DINGLEY. I would like to ask the gentleman whether he face of this continent. [Applause and laughter.] That Democratic ": ·. thinks it quite right that Congress should now set aside this legislation State, by the acts of you Republicans, has been made irredeemably which has protected that Territory thus far until the people shall act Democratic for the next eight or ten years. f Applause on the Demo on the question? cratic side.] There will be no more Republican Senators from that Mr. PERKINS. I have already stated that personally I am in favor State after the term of WILLIAM M. EVARTS has expired. [Laughter of continuing in that particular the conditions existing in the Territory and applau.8e.] Kansas ! Why, her State constitution has pardoned to-day. Without entering into a discussion of the meri~ of prohibition, every ~an except those who took part in the rebellion. for I know that gentlemen differ on that subject honestly and consci Her State constitution says that for every man who took up arms entiously, and I am not discussing prohibition on its merits, because I against the Union there shall be no toleration. That intolerance of am aware of these differences of opinion, but I think this Honse can Kansas they propose to extend to Oklahoma. Suppose our brethern did with con<>istency and propriety continue the conditions existing there commit the folly of going into rebellion. Now, after we have given to-day until the Legislature of the Territory can be called together and them a good thrashing and they want to come back, why should we can legislate on the subject and can express the voice of the people of shutthedoorintheirfaces? [Applause.] They are American citizens, Oklahoma. and they are to-day as loyal as any men in Kansas or elsewhere. [Ap If the Legislature that shall be chosen should provide for hi~h li plause.] cense or for local option or for prohibition, that will be their business, Mr. PERKINS. The Legislature of Kansas has always removed and we will have done our duty if we procure for them temperance, those disabilities when any man has made application for that pur· sobriety, and good government until they can legislateforthemselves. pose. All that is proposed, as I understand, by these amendments is that :M:r. SPINOLA. But it requires a two-thirds vote. Here is a Terri temporarily, until a Legislature can be chosen, u11til it convenes, until tory to be organized, over which it is proposed to extend this provision it legislates for the people, the conditions now existing in the Territory of the Kansas constitution imposing these political disabilities. I am in reference to alcoholic beverages or intoxicating drinks shall continue. opposed to it, and I hope it will be voted down. [Applause.] Iwonld Personally, I think that is wise and right. Yet I do not apprehend leave that intolerance to Kansag and extend it nowhere else. [He much difficulty from the adoption of the Nebraska statutes. for the newed applause.] reason I have suggested: that no man under that statute can secure [Here the hammer fell.] authority to sell a single drop of intoxicating drink until he has ob Mr. FUNSTON. Mr. Chairman, it was the furthest from my inten tained a license so to do; and in order to obtain that license he must tion to refer to the remarks which the gentleman from New York [Mr. present a petition signed by at least thirty qualified freeholders of his SPINOLA.] has just made had he not taken upon himself to reflect on county or his city. my State of Kansas. I stand here, Mr. Chairman, to resent his reflec· Now, there is no conntyor~nization in Oklahoma; there is no board tions upon my State and to hurl them back upon him. [Applause.] of county commissioners to whom in accordance with the laws of Ne When he says no State in this Union that bas passed prohibition laws braska petitions may be presented, and there can not be such officers has observed those prohibition laws, I say so far as the State of Kansas until the Legislature has met and provided for them by law. Hence is concerned his statement is not the truth. the adoption of the bill as reported by the committee, putting into Mr. SPINOLA. That is ante-bell nm talk. [Laughter.] effect in Oklahoma the statutes of Nebraska, would, in my judgment, Mr. FUNSTON. I am here to-day to say that we have had prohibition give to the people of Oklahoma practically prohibition. Yet, in order in our constitution and in our laws since 1880, and I am here to say that there may be no question on that subject, I am personally in fa. we have gained about lOU, 000 annually in population, although it was vor of the amendment of the gentleman from Massachusetts. said the State would be depopulated as soon as we passed that prohi [Here the hammer fell.] bition law. [Applause.] I am here to resent the charge against pro Mr. KILGORE. I wish to ask the gentleman from Kansas [Mr. hibition. We have a State 400 miles east and west and 200 miles PERKINS] whether it is not a fact that the act of Conp:ress which now north and south, with a population of 1,600,000 people, and not one controls in that Territory would continue in force until the machinery open saloon in it. [Long-continued applause.] was provided for putting in operation the statute of Nebraska? I wish to say further that, as tothe gentleman from New York [Mr. Several MEMBERS. Ob, no. SPINOLA] being sick of hearing about Kansas, I have no doubt the Mr. PICKLER. Make that certain and we are content. Republican majority of 82,000 does make him supremely sick whenever Mr. KILGORE. That is certain enough, anyhow. he thinks of it. [Laughter and applause.] I wish to say still further Mr. PICKLER. No, sir. to the gentleman from New York that the Republican party had its The CHAIRMAN. The time of the gentleman from Kansas [Mr. birth on Kansas soil in the district I represent. PERKINS] has expired. There was begun the original movement which brought forth this Mr. SPINOLA. I have listened for a great many years to the dis grand Republican party, and which is to-day dominant in the councils cussion of the temperance question; and up to this time I have been of the nation. It brought the cause of freedom to a happy conclusion, <. -... ,., - • I ...... · .... ·2174 CONGRESSIONAL RECORD-· HOUSE. MARCH 12, and I hope to see the Republican party champion the cause of prohibi Mr. ROGERS. I desire to be heard for a few moments on this ques tion as it championed the canse of liberty. [Applause.] tion. Mr. TARSNEY. l'rir. Chairman, during the month of last Uay my The CHAIRMAN. The Chair will recognize the gentleman from Ar -. professional duties called me to one of the county-seats of the south kansas. western part of Kansas. I was engaged there in the trial of causes Mr. ROGERS. If the committee will give me its attention for a very before the district court of that State. While engaged in the trial of a few moments I \vill try to place before them the legal status of this cause, the court being held in a public hall, used as a theater-I say question as it will obtain by the passage of this bill with the amendment '· while engaged in the trial of a cause and examining a witness, my at offered by the gentleman Jrom Georgia incorporated. tention was attracted by the rapping on the judge's desk by him of At present the statute reads as foUows: his pencil, and, looking up, I observed him scowling in the direction Ko ardent spirits shall be introduced under any pretense in the Indian Terri of one of the wings of the stage. I looked myself, and there beheld the tory. . prosecuting attorney of the county shaking a bottle of beer at the judge Mr. CUTCHEO:N". That is the existing law. of tlie court. [Laughter.] The judge was very indignant. Now, the Mr. ROGERS. Jnst a moment. That is the existing Jaw at present bottle of beer was not shaken at him in a menacing and intimidating applied to Oklahoma. Now, the Kansas courts have jurisdiction to manner, but rather in a seductive and enticing manner. (Laughter.] enforce that. It is likewise the law which pertains to all India.a res The judge scowled and shook bis head. The prosecuting attorney re ervations, including the five civilized tribes, certainly those Indians tireil into the wings of the stage, and in a few moments the judge turned proximate to that portion of the country in which I live. If, however, to the jury and said, "Gentlemen, we will now take a recess for ten the bin is passed organizing the Territorial government over Oklahoma minutes." [Laughter.] "Under the usual instructions you will be without the enactment of the pi'OVision offered by the gentleman from permitted to separate for that period of time. Be prompt, gentlemen, Geor~ia, this law will have no application whatever to that Territory. in returning to your seats. We will now take a recess," and the judge I think I make myself clear on that point. · departed into the wings of the stage. But it is right tu say in this connection, also, that while, if the bill Jllr. Cbairmain, I am opposed t-0 the further extension of Kansas pro passes without the provision, liquor may be taken into Oklahoma, and hibition. [Great lanl];hter. J while without any regulation at all unless regulated by the Nebraska Mr. FUNSTON. That, Mr. Chairman, was about the only Demo· law, neverthele.c:s so far as the Indian tribes are concerned in Oklahoma, craticjudge in the State. [Laughter.] or the :five civilized tribes, or anywhere else-provided these tribes are Mr. STEWART, of Georgia. Mr. Chairman, this is, strictly speak unrler control of an agent or still in their tribal relations-any sale, ing, "much ado about nothing." This is simply a question of con gif\ barter, or exchange to any Indian is a violation of the provisions struction as to whether the section read does not include the entire of this statute. Territory under the provision of the Revised Statutes. It is no effort Let me follow it up consecutively; so that, Mr. Chairman, I now in at establishing prohibition or temperance, but to make clear and cer vite attention to this: t.ain that which is uncertain. The proposition offered is that the pro Every person who sells, exchanges. gh·es, barters, or dl'lpo es of any spirituous liquors or wine to any Indian under the charge of an Indian superintendent vision of the section should embrace the entire Territory of Oklahoma, or agent, or introduces or attempts to introduce any spirituous liquor or wine and that is all there is of it. into the Ind•an country, shall be punishable by imprisonment for not more Now, I am opposed to embracing in this Territorial bill either the than two years and by a fine of not more than 5300. law of Kansas or the law of Nebraska, or indeed of any other State, Now, under this statute it has been held by the Federal court that and I offer as a reason for it what I ask tlie Clerk to read. I desire to a wholesale liquor merchant in Arkansas is liable to prosecution under advise the Honse in adopting the laws of Nebraska that we should un the provisions of this act, even though the sale may take place in the derstand exactly what we are providing for, and in that view I ask the State. If, however, the Indian has dissolved relations with his tribe Clerk to read a section from the law in the State of Nebraska. and is no longer under the control, management, and general supervision The Clerk read as follows: of the Government, but bas become a citizen of the State, the law re Every person, male or femn.le, who ha.s resided in the district forty days and laxes; but in Arkansas it, however, happens we have a law that makes is twenty-<>ne yea.rs old and who owns real property in the district or personal it an offense to sell to him. Now, that leaves this question in this at property that was assessed in the district in bis or her name at the last annual assessment, or who bas children of school age residing in the district, shall be titude: Is Congress prepared to organize the Territory of Oklahoma entitled to vote at any district meeting. without some provision to regulate the liquor traffic? ?tfr. SL'EW ART, of Georgia. Now, we do not intend, unless we un Mr. HILL. Will the gentleman yield to meforaquestion? I would derstand thoroughly this code of laws-we do not intend, I take it, to like to inquire if you consider all these provisions just read from and .• establish in the Territory any provision of law which would be mani the statute, taken together, refer simply to the sale to Indians? festly objectionable, but neve1·tbeless we are proposing to adopt here Mr. ROGERS. Itdoes. what we do not understand. Hence the greater reason for adopting Mr. HILL. .And not to white men? the Federal statute which my friend lrom Texas called attention to Mr. ROGERS. But, Mr. Chairman, the section I ha\e alluded to awhi1e ago, for many believe now that is already in· force and will be applies ouly to the sale to Indians, and every man will observe that if in forca in this Territory. But to put the matter beyond all question this section is extended over Okl~homa Territory it i~ an absolute pro I offered this amendment. hibition for any purpose to introduce liquor into the Territory of Okla lllr. DORHEY. Will you yield to me for a moment? homa, even for sacramental purpo es or for anything else, so far as that Mr. STEWART, of Georgia. I want to have this amendment read. is concerned, except by order made by the Secretary of War. Mr. DORSEY. I want to explain to the gentleman that what be Now, Mr. Chairman, I am not familiar wit.h the Nebraska law, but has read is simply a provision 1or school elections. I take this position: That it is a safe thing to do to adopt, in connec Mr. STEWART, of Georgia. Well, the law you propose is for all tion with the Nebraska laws generally, the provision offered by the purpose.a. gentleman from Georgia [Mr. STEWART], because that provision sim Mr. DORSEY. But in justice· to the State the gentJeman should ply says that this section of the statute shall be continued in force over say that this is not a provision for general elections, but for school elec Oklahoma Territory until the adjournment of the ~rst session of its tions. Territorial Legislature. If at that time the Territorial Legislature, in Jllr. 8TEWART, of Georgia. But the provisions of Ne'braska. are to the exercise of the ordinary local self-governmem. conferred upon it by apply to this Territory. Congress, has not made suitable provision for this matter, Congress may Mr. DORSEY. Well, you can not make any mistake if yon adopt still regulate it. It seems to me that no people, knowing the influ the laws of Nebraska. ences liquor ordinarily has upon communities, will permit this business Mr. STEW ART, of Georgia. I ask that the Clerk read the amend- to be carried on without proper restraint and proper legislation. So I ment I have proposed. believe Congress may act wi~ely anrl safely by extending the provisions The Clerk read as follows: of this act-that is, the proviso of this section-over that country until the adjournment of the fin.t session of its Legislati\·e Assembly. Insert after the word "Territory," in line G of section 7, the words: "Pro•·idedt That section 2139 of the Revised Statutes of the United States shall To do that will enable this Territorial organization to take place, en be enforced m said Territory until after the adjournment of the first session of able the election of the legislators to the first General Assembly to be the Legislative Assembly of said Territory." had free from the influence of liquor or anything of that description, Mr. STEWART, of Georgia. All I want to say now-- and it will keep away from the tribes or any of them so far as po~ ible Mr. CUTCHEON. Will the gentleman allow the section of the stat the sale of these liquors until the Legislative A embly have made such .· utes referred to in his amendment to be read? rules as they may deem best. It mu t be presumed that the Legis Mr. ROGERS. I will refer to that presently. ln.ture of that Territory can manage their own affairs and the protec Mr. STEWART, of Georgia. I on]y want to state this. I am op tion of their own people; and I take it that it can be faithfully in posed to adopting the laws of Kansas, or Nebraska either, in this Terri trusted to-as I think the American people everywhere can-adopt tory. It is now simply a matter of construction as to whether these such legislation as will protect their several communities. statutes do not already obtain in that Territory. But in order to put Mr. MORSE. I desire to sav that while I am myself personally and it beyond question I have offered the amendment. heartily in sympathy with the laws of Kansas on this subject I hope ·, Mr. ROGERR. Mr. Chairman-- the amendment offered by the gentleman from Georgia will be ac The CHAIRMAN. The question is on agreeing to the substitute cepted as a. very wise and just compromise of this matter. The amend proposed by the gentleman from Georgia. ment offered by the gentleman from Georgia is exactly the amendment, .. . < I : ,. : ! -- .( : -· .- ..... CONGRESSIONAL RECORD-HOUSE. 2175 'r•.,." \in other words. which I offered this morning and which was voted down. hibited from going. The Indians are not capable of self-government, in less than a quorum by a very small majority. It seems to me as if but we are; and the history of the last one hundred years has shown that there was no poffiible douht as to whether or not the provisions of ex this Government, based upon the consent and the will of each indivjdnal isting law extended over the Territory of Oklahoma; but this will make and of each community, has attained a greatness, a power, yes, and a that matter so that there could be no mistake about it. Now, I wish temperance which exists nowhere else. Our fathers hated paternalism to say that we should not adopt the law of Nebraska. nor the law of and l inherit that bate. If the people, who are our creators, are not Kansas nor any other law, but simplify the matter by continuing capable of self'.-government, how is it that the.creature is so much more the existing restriction in regard to the liquor traffic over this Terri wise and virtuous than those who created it? How is it that we can tory. govern these white people of Oklahoma better than they can govern Why, will any gentleman here picture to himself what would have themsel v~? How .is it that we, the servants of the people, can gov been the history of the Territory of Oklahoma when that Territ-0ry was ern our masters, and yet that those masters are incapable of governing entered upon under the President's procl:l.mation if there had been no themselves? I shall vote against all these amendments, and if you at rest.riction of the liquor traffic of that Territory? I venture to say that tempt this paternalism by placing these proscriptions upon this bill, there would hn.ve been bloodshed-a good deal of bloodshed-and the prohibiting each man from determining for himself what be will eat, course ol the President of the United 8tates in ordering the Army to what be will wear, where he will 1£0, bow long be will stay, when he banish and keep liquor out of that Territory was very wise and salutary. will come back, I will vote against the bill. I hope it will be continued until these people may speak for themselves. This is a free government, and freedom means that each man shall This amendment of the gentleman from Georgia is in the interest of determine for himself what he will do, what he will eat, what he wiiI good morals; it is in the best and highest interests of the people of-that drink, what he will wear, what creed be will profess, everythi11g that Territory, anrl it is desfred by the people of that Territory, and I know regards himself alone and dissociates him from his fellow-beings. The whereof I speak. rightful jurisdiction of government comes in where his action involves Mr. CONGER. Ai; amemberoftbisHouse, wborepresent.8in part a another; but where his action does not involve another he is not the State which has a prohibitory law upon its statute-book-and which, subject of any government but the government of God and his own con by the way, enforces it-1 simply wish to furnish a little evidence in science. This, sir, is my creed. reply to the statement made by my venerable friend from New York I believe that I am capable of taking care of myself; I believe that (Mr. SPINOLA], and I will read froffi the last annual message of the each one of the gentlemen before me is capable of taking care of him governor of Iowa to the Legislature now in session. He says: self, and I believe equally that each one of the white men in Oklahoma Our present statute was passed by the Twentieth General Asi:;em bly, and came Territory is just as capable of taking care of himself as you are capa into force July 4, L~. Since that time about three thous.md saloons have been ble of taking care of him. I want him to be permitted to do as he closed in Iowa. The law ha.s steadily grown in public favor, and during the pleases with himself. I do not want you to dictate what be shall drink, last two years has been nearly as well enforced in ninety counties of the State as any other law. There is, indeed, every reason to believe that in these ninety or what he shall eit, or what he shall wear, or what church he shall counties it is better enforced than any license law was ever enforced in Iowa, attend, how he shall demean himself on the Sabbath day, what time and even better than any high-license law is now enforced in any other State he shall get up, how he shall worship, whether he shall count his beads, in the Union. The reports from the States which have license laws bear me out in this assertion. or whether he shall worship with his face towards J ems ilem or towards Mecca. That is none of your business. It is none of my business. It is It is a well recognized fact that crime is on the increase in the United States, a business that he has not delegated f;o any government on earth. The but Iowa.does not contribute to that increase. W"hile the number of convicts in interference doctrine is one that does not belong on this continent.. the country at large rose from 1 in every 3,442 of population in lli.50 to Lin every 860 in 188 •, the ratio in Iowa is at present only L to every 3,130. The jails of Paternalism bas cursed all the countries of Europe, and all other na ma.nycou ties are now empty during a good portion of the year, a.nd the num tions except this, which was dedicated by our fathers to be the home of ber of convicts in our penitentiaries has been rednced from 750 in l\larch, 1886, a fearless-minded and a free people. [Applause.] to 604, July l, 1889. It is the testimony of the judges of our courts that crim· inal bu!liness hll.S been reduced from 30 t-0 75 per cent.. and that criminal ex Mr. JOSEPH D. TAYLOR. Mr. Chairman, while this discussion is penses have diminishe .· '·, - '\ , ' 2176 CONGRESSIONAL. RECORD-ROUSE. MAROH 12, and gcod sense, and in the general interest of the people of Oklahoma. two mmutes; and the Chair recognizes the gentleman from Kansas I think we ought to agree upon this as a compromise, and I think there (Mr. PERKINS). should be but one opinion as to the wisdom of this adjustment; we Mr. PERKINS. I will yield the floor to the gentleman from Ar ought to adopt this amendment unanimously. kansas (Mr. ROGERS]. LHere the hammer fell.] Mr. ROGERS. Mr. Chairman, I wish to supplement what I said be Mr. MANSUR. Mr. Chairman, I would ask "in the name of the fore by a single statement. It will not be found to be true, if we great Jehovah and the Continental Congress" whether 200,000 white adopt this bill wit.bout the amendment of the gentlElman from Geor people in the Territory of Oklahoma ought not to be heard and con gia [Mr. STEWART], that section 2139 will apply to Oklahoma Terri .... sulted on a question like this by the great American Congres.s of the tory. The moment you come out of the Indian Territory, the Terri nineteenth century. If we are to suffer them to have something to say tory of Oklahoma, that section of the Revised Statutes of the United '\: in this matter-if we are to pay any respect to their views as expressed States, so far as it applies to the introduction of spirits, is no longer of . , to us through their accredited representatives who haYe spoken to our force in Oklahoma Territory. But in so far as it prohibits and pun committee from nearly every town in that Territory-then I have some ishes the gift, barter, sale, or exchange of ardent spirits to an Indian reason to believe that this bill reflects their wishes. in that Territory, it will be in force. And that is the law all over the I challenge any gentleman on this floor-I care not who he is-to take United States, iJ such Indian is a member of a tribe under the control .... any one of the first twenty-four sections of this bill and show where it of an agent or on a reservation. I will make one other suggestion. touche.s a red man at all. I repeat, for I would like to have it under The object of extending or, to use a more correct term, of continu stood, that the first twenty-four sections of this bill do not relate to a ing in force section 2139 of the Revised Statutes over what is known red man or to a tribe, do not relate to the Indians in any manner what as Oklahoma Territory is not to organize a government for the people I ever. The first twenty-four sections relate to white men only, of whom there, but it is simply to preserve the status quo in that Territory until there are 200,000 in that Territory now asking for law and order and the people can have an opportunity to organize a government for them legislation. selves. Now, if ~entlemen will permit us to explain to them the legal pro I have no doubt,. for such bas been the history of the Anglo-Saxon visions which are to operate in that Territory they can perhaps under people the world over, that the people of Oklahoma can take care of stand somewhat the situation, because it is a fact about which there themselves with the bayonet and with the rifle and the Army. can be no dispute that two things are settled: First, in the whole In But we are not dealing with the Indian question on that line now. dian Territory as now organized all persons are prohibited from intro That line bas been p~ long ago by the AmeriC'.an people. We are ducing intoxicating liquor and, next, by the laws as they now exist, no now treating the Indian in this country, or pretending to do so, with white man under the severest penalties can sell a drop of liquor to any some degree of humanity, with a view of elevating him to citizenship! red man whatever. The whole effect, then, of our legislation is simply intelligence, and capacity for !elf-government. [Applause.] to take outofthe existingconditionacertain small territory, 2,000,000 The purpose ofcontinuing this law is for his protection in pursuance acres in one place and a little more than 3,000,000 acres in No Man'!'.! of the plighted faith and settled policy of the nation when it made Land, in all less than 6.000,000 acres, and to put this much territory treaties and passed laws keeping liquor from those tribes. under the control of white men when their Territorial Legislature shall So I say it would seem the practical effect of this amendment offered be organized. by the gentleman from Georgia is merely to allow the people of Okla Now, the second of these twenty-four sections provides that the Con homa to organize a government for themselves, and in the mean time stitution and all the laws of the United States not locally inapplicable to preserve the status quo, protect the Indians, carry out treaty stipula shall have the same force and effect in the ·.rerritory of Oklahoma as tions, and accomplish a high duty rightfully imposed upon us. (Ap- elsewhere in the United States. There is nothing there that conflicts . plause]. with the law which prohibits the importation of intoxicating liquor The amendment of the gentleman from Georgia was again read. into that Territory and the sale of such liquor to any Indian. Mr. CUTCHEON. I ask that the section of the }{evised Statutes re- Now, as toeveryindianreservation within thewholelimitsofthein~ ferred to in the amendment be read. d ian Territory as now organized, we say expressly that those first twenty The CHAIRMAN. It is not here, and it has been read already. fou r sections of the act thus organizing this Territorial government Mr. KELLEY. Would the status of Nebraska apply? shall not apply. Remember, gentlemen, we say in plain, clear lan The CHAIRMAN. That is nota parliamentary question, and points guage that, as to every Indian tribe and as to the land of every Indian of construction each gentleman must determine for himself. tribe, none of these twenty-four sections which apply to the white peo The question recurred on the substitute of Mr. STEWART, of Georgia. ple shall operate. Remember, too, that if any white man sells an In Mr. McADOO. I demand a division. dian a drop of intoxicating liquor he is punished under the severest The committee divided; and there were-ayes 75, noes 39. penalties. The laws int.hat respect are ample. So the substitute was agreed to. Ir. OATES. .Will the gentleman kindly state the number of square Mr. SPRINGER. This is a substitute for the amendment of the miles embraced in this Territory? gentleman from Kansas. Now, the question is on the adoption of the )fr. MANSUR. There are between 22, 000, 000 and 23, 000: 000 acres, amendment as amended or agreed to by the committee. which would approximate very nearly 40, 000 square miles-about the The CHAIRMAN. The Chair is of opinion that the adoption of the area of the State of Ohio. su\stitute is tantamount to the rejection of the amendment. Now I call attention to the language of section 7 of this act: Mr. SPRINGER. Bnt this simply takes the pl 1890. CONGRESSIONAL RECORD-HOUSE 2177 ·, mittee, as it involves some doubt, and the question is on agreeing to dians as may be there and to white citizens who hold relations with \.~-;I the substitute of the gentleman from Georgia. the Indians, and t.hey ought to be allowed to invoke the protection of The question was taken; and on a division there were-ayes 70, the courtB. noes 47. I hope the amendment will be adopted as a matter of right. So the amendment as amended was agreed to. Mr. PERKINS. Let it be again read. .Mr. KELLEY. I would iike to inquire if that amendment now The amendment was again reported . takes the place of the word "Nebraska." The CHAIRMAN. The question is on agreeing to the amendment. The CHAIRMAN.. It does not. Mr. PERKINS. I have no objection to the amendment. Mr. HOOKER. Mr. Chairman, I desire to offer an amendment to The amendment was adopted. strike out this section altogether. I think it will relieve the bill very The Clerk read as follows: much of the trouble that is shown to exist by the discussion which has SEC. 9. That the provisions of Ti Ue LXII of the Revised Statutes of the United States relatin"' to national banks, and all amendments thereto, shall have the just taken place. same force and eftect in the Territory of Oklahoma. a.s elsewhere in the United The CHAIRMAN. The Chair was about to suggest that the amend· States: Prot~icUd, That persons otherwise qua.lilied to a.ct a.s directors sh.111 not ment is not debata.ble. be required to ha,·e resided in said Territory for more than three months im· mediately preceding their election as such. Mr. HOOKER. Why not? •. The CHAIRMAN. Because the committee has by a direct vote closed Mr. HOOKER. I would like to inquire of the chairman of the com· debate upon the section and all pendin_g amendments. mittee what is meant by this provision of this statute: :Mr. HOOKER. But mine was not a pending amendment when that Provided, That persons otherwise qualified to act as directors shall not be re order was made. quired to have resided in said Territory for more than three months immedi The CHAIRMAN. The Chair thinks that debate is closed by order ately preceding their election as such. of the committee, but will cause the rule to be read. ~1r. DORSEY. Under the law the officers of a national bank must Mr. HOOKER. It was stated by the gentleman in charge of the bill have been a resident of the 'Thrritory in which the bank was organized that the motion would not preclude the offering of further amendments. at least six months. There are so few residents of Oklahoma who have 1t1r. PERKINS. No, not the offering of amendments. . been there more than six months that we deemed this provision wise. Mr. BOUTELLE. But it cuts of debate. . . The Clerk read as follows: The CHAIRMAN. The Clerk will read the sixth clause of Rule SEc. 10. That the lands embraced in the section of country lying west of the one hundredth meridian and between the States of Kansas and Colorado on the xxm. north, the 'l'erritory of New Mexico on the west, and the State of Texas on the The Clerk read as follows: south known as the Public Land Strip, are hereby declared a part of the public domain1 of the United States, and shall be open t-0 settlement under the provisions 6. Tlie committee may, by the vote of a majority of the members present, at of the homestead Jaws of the United States, and under the provisions of sections any time after the five minutes' debate has begun upon proposed amendments 12, l3, and 14 of "An act making appropriations for the current a.nd contingent to any section or paragraph of a bill, close all debate upon such section or para expenses of the Indian Department, and for fulfilling treaty stipulations with graph, or, at its election, upon the pending amendments only (which motion Yarious Indian tribes for the year ending June 30, 1890, and for other purposes," shall be decided without debate); but this shall not preclude further amend approved March 2, i.889, and under the provisions of sect-ion 2 of" An act to ratify ment, to be decided without debate. and confirm an agreement with the Muscogee (or Creek) nation of Indians in The CHAIRMAN. The Chair is of opinion that under this Rule the the Indian Territory, and for other purposes," approved March 1, 1889, and un• der the provisions of this act; but all actual and bona fide settlers upon and o~ debate is terminated. cu pants of the lands in said Public Land Strip at the time of the passage of this Mr. HOOKER. I only wanted simply to make an inquiry as to act shall be entitled to have preference to and hold the lands upon which they what has become of the Oklahoma bill; for I do not suppose it makes have settled under the homestead laws of the United States by virtue of their much difference to the Indiana whether they are robbed drunk or settlement and occupancy of said lands, and they shall be credited with the time they have actually occupied their homesteads, respectively, not exceeding two •I• •• robbed sober. years, on the time required under said laws to perfect title as homestead settlers. The CHAIRMAN. The question is on agreeing to the amepdment And all other lands in the Territory of Oklahoma which are not required by law, treaty stipulations, executive orders, or right of occupancy for t.he use of any proposed by the gentleman from Mississippi. Indian tribe or which may be relinquished as an Indian or military reservation, The amendment was rejected. shall be a part of the public domain, and shall thereupon be open to settlement The Clerk read section 8, as follows: under the provisions of the homestead laws of the United States, and under pr~ SEC. 8. That jurisdiction is hereby conferred upon the district courts in the visions of said acts of Congress approved March 1 and 2, 1889, and under the pro. Territory of Oklahoma. over all controversies arising between members or citi visions of this act: Pr01rided, That all tracts of land in Oklahoma.Territory which z-ens of one tribe or nation of Indians and t-he members or citizens of otller have been set apart for school purposes, to educational societies, or missionary tribes or nations in the Territory of Oklahoma, and any citizen or member of boards at work among the Indians shall not be open for settlement, but are one tribe or nation who may commit any oft'ense or crime in said Territory hereby granted to the respective educational societies or missionary boards for against the person or property of a citizen or member of another tribe or nation whose use the same have been set apart. shall be subject to the same punishment in the Territory of Oklahoma as he Mr. HOLMAN. It will be observed that the last portion of this would be if both parties were citizens of the United States. And any member of any Indian tribe or nation in said Territory shall have the right to invoke section, after including the Public Land Strip, provides that- the aid of the courts therein for the protection of his person and property as And all other lands in the Territory of Oklahoma. which are not required by though he were a. citizen of the United States. Jaw, treaty stipulation, executive orders, or right of occupancy for the use of any Indian tribe, or which maybe relinquished as an Indian or military reser· Mr. HOOKER. I have an amendment which I desire to offer to this vatlon, shall be part of the public domain. section. Now, in view of that provision I wish to add to that section the fol- The Clerk read as follows: lowing provision. Amend section 8 by striking out a.11 after the word "citizens," in line 10, and inserting "and any person residing in the Territory of Oklahoma in whom The Clerk read as follows: there is Indian blood shall have the right to invoke the aid of the courts therein A ·, .. /• ~ . 'I .. .,. • ·' - ; . 2178 CONGRESSIONAL RECORD-HOUSE. ·.MARCH 12, prehend the courts, judging from former decisions, may hold that, in- trations differing in politics, declare that the Indians have no such 1asmuch as the railroad corporations were not entitled to fands within right in this strip as that they can lease or transfer it to any other the Indian Territory until the Indian title was extinguished, they were party than themselves; that whatever right they have in the land, if not in default until the Indian title was extinguished and the lands be any, belongs to the Indians and to the Indians alone, and is not trans came public lands of the United States; that they were not in default ferable for leasing purposes of any kind. until the Indian titles were extinguished, and that when the lands be Now, I say we ought not to embarrass our Government. We ought came ''lands Qf the United States '' their rights under the grants would not to legislate against our white men. We ought t.o stand right where accrue. . we are, because I venture the assertion right here, as an honest convic You gentlemen are familiar with the unexpected decisions which tion of my heart., that the attempt of the Cherokee Nation to get these have been rendered by the courts in relation to these unfortunate grants 6.022,000 acres of land is the grandest steal of modern times as against to railroad corporations. If this view is correct I submit that the last the white men of this country. All that is necessary to satisfy any clause of my amendment, "and this act shall not apply to or affect any gentleman of that is for him to investigate the facts. Two Administra lands which upon any condition, on becoming a part of the public tions, the Democratic one just out and the Republican one just in, domain, wo.ild inure to the benefit of or become the property of any while they do not use the same kind of language that I do, yet, by the railroad corporation," is absolutely necessary to defeat any claim the notices they have given t.o the cattle barons everywhere, they do take railroad corporations may assert under the several extraordinary grants the same ground and the same view of the matter. Therefore, let this made in 1866. I am certain Congress does not intend to extinguish House not indulge in this kind of positive declaration, but be content the Indian title to these lands at great expense in such form as may with just what the bill i;:ays, that there is not a word in it that changes even by possibility secure several million acres of the most >alnable the status of any right, title, or claim that any Indian or Indian tribe portions of these lands to railroad corporations. has to any lands in the Territory. The amendment was agreed to. Ur. PEEL. I move to strike out the la.st word. In justice to my 1\fr. PEEL. Mr. Chairman, I offer the following amendment: self I desire to say that if I know anything about a negative proposi The Clerk read as follows: tion that is exactly what this amounts to. The gentleman from Mis In line 37, afier the word " act," iusert the following : souri [Mr. MANSUR] has declared that this bill asserts in three or four "Provided, That nothing herein contained :shall in any way chnnge the places that it does not interfere with the title to this Outlet. . ,,. possession, legal or equitable title to that po.rt of the Indian Territory known Mr . MANSUR. It does not name the Outlet, bnt it says it does not as the Cherokee Outlet, and- interfere with the title to any land. Mr. PEEL. Mr. Chairm.n.n, I believe the members of the commit Mr. PEEL. ".Any land;" well, if that docs not include these lands, ·.· tee say that this is substantially a portion of the bill. If that be true, of then I do not know what common language means. Now, I want it course it would be unnece;;sary; but, inasmuch as there isa great deal of distinctly understood that I do not recognize any claim that the cattle apprehension on the part of the Indians or some of their number as to men have ever set up to this Outlet or to any other country out there. whether the st.-itu.s of the Outlet might be affected in some way, I de I never belie•ed that the Indians had any legal right to lease those sire to have the amendment inserted. If the bill is what it is designed lands, and I approve of the action of the Pre.ciident ordering the cattle to be or intended to do, that provision will not cert:;i,inly hurt it. I do men out of there; but as long as there is any apprehension on the part not think we ought by any kind of legislation to cba.nge the tiile, of those who claim an interest that this bill will in some way em equitable or legal, that the Indians have to this strip which is known barrass it, while this committee claim that it will not, I think it de as the Outlet. siral.lle that the uncertainty should be removed: :Mr. PERKINS. I hope, :Mr. Chairman, that n.mendment will not Mr. KERR, of Iowa. Supposing the amendment which the gentle prevaiL As suggested by the gentleman from Arkansas, the bill i man from .Arkansas proposes adopted, would it not prohibit any ac amply guarded so as to protect what right'3 the Indians possess concern tion by the Government t-0 dispossess these cattle syndicates? ing the Cherokee Strip as well a.s other lands within the boundaries of Mr. PEEL. Why, certainly not. It just leaves the status as it was that Territory. But I am not in favor of any affirmative proposition before the bill was passed. It is not proposed by this bill to put the which may be construed as legalizing or recognizing a. claim which does cattle-men out or to interfere with them in any way. That belongs not in fact exist. I am willing to leave the status of every piece of to the executive branch of the Government, and it has the right to do land to which the Indian claim any title wbatevernnder the provisions it. I care very little about this; but in order to allay apprehensions of this bill as it is, but it seems to me that here is an attempt to get and jn order that the declarations of this committee to the Hoose and legislative recognition which I am opposed to, because I do not think the country may not be misunderstood, I propose this proviso, which we ought t-0 enter upon that field of legislation. But then there seems I think will put the question at rest. If we want to interfere with to be this question also about that amendment. These Indians, the Imlian rights or Indian claims to lands, let us do it boldly. I am ready Cherokees, have leased these lands to cattle companies. Thecattlecom to go as far as anybody, but I am not willing to pnss any bill that is .· panies are there in possession of them, and they have been notified hy deceptive in its character. I do not think that this bill is so, but at the President of the United States that after a certain day they must the same time I believe that the adoptiJn of this proviso can not do get out of there, because their possession is not fawful and is contrary any harm. to public policy. Therefore I do not want this Honse t-0 legalize any l\Ir. HEil..RD. If the word "possession" were omitted, would not possession that has been given to these cattle companies in the Cherokee the gentleman's amendment still effect the purpose which he says he Strip. desires to accomplish? Then it would go to the title, legal or equi Mr. MANSUR. Mr. Chairman-- table, and would not cut any :figure in the matter of the control of the The CHAIRMAN. Debate on this amendment is exhausted. leasing by the Government. Mr. MANSUR. I move t.o strike ont the last word. Mr. PEEL. I want to say to my friend that the treaty of 1866 re Mr. ROGERS. Mr. Chairman, if the gentleman will permit me, I serves the possessions to the Indians. That is.in the treaty, and we would ask that thatamendment be again reported. e;an not interfere with it by this bill unless we undertake to fake the Mr. MANSUR. I have no objection to that. possession away from them. The amendment was again reported. [Here the hammer fell.] Mr. MANSUR. Mr. Chairman, the objection thatl have to that is that Mr. PERKINS. Mr. Chairman, I am advised that there are two or it dignifies one piece of Indian land in the Indian Territory over and three #!entlemen who would like to speak on this amendment and the I · . above all the others. The Indians themselves, by their representatives, farther discussion may therefore consume some time. I will mo"Ve that day aft.er day, before our committee, sought to have us insert some di the committee rise. rect, positive legislation upon this bill. That is true of the Choctaws Mr. BUCHANAN, of New Jersey. I ask the gentleman to withhold and the Chickasaws; it is true of the Cherokees; itis true of the Osages; that motion for a moment until I make a request that an amendment it is true of every Indian tribe that sent representatives to appea.r be which I have prepared be printed in the RECORD, to be considered as fore us. They came with the most skillful men that the country can pending to-morrow when the previous question operates. furnish. They came with propositions so insidious in character that The CHAIRMAN. The gentleman from New Jersey sends to the you could scarcely understand them, and when they go away with af desk an amendment, which will be printed in the RECORD and be con firmative legislation they invariably assert at home that they have a sidered as pending. new recognition and a new lease of life and are stronger than they ever The amendment of Mr. B uCHAXA~, of New Jersey, is as follows: were before. Slrike out section 25; strike out section 26; strike out section '27; strike out Therefore I insist, sir, that, in the interest of thewhite people of this section 28; strike out section 29; strike out section 30; strike out section 31; country, the true method of clealingwith the Indians is to say specific strike out section 32; strike out section 33; strike out section 34 ; strike out sec ally-as we have said in this bill, not once or twice, but four times tion 35; strike out section 36; strikeout section 37; strike out section 38; strike out section 39; strike out section 40; strike out section 41; strike out section 42; that there is nothing in the bill which anywise changes the exist strike out section 4.3: strike out section 44. ing status of any Indian or any Indian tribe. Having said that, we should neither add to nor take from it. Hence I say that this House The folJowing amendments, by Mr. PICKLER, were also ordered to ought not to indulge in the recognition of a specific claim or title to he printed in the RECORD, to be considered as pending: any one piece or tract of land. More than that, the eye of the nation is Amend section 11 by striking out all of S!lid section after the words "final proof," in line 11 of said section. to-day turned toward the Cherokee Strip as it never was before. We .A.mend section 13 by atrikingout all afier the word ' patent," in line 1=> of said have had court after court, two Att-0rneys-General and two Adminis- section. ; . ; ·. '-. .. • ' , -' 1890. CONGRESSIONAL RECORD-HOUSE. 2179 The following amendment, by Mr. TA.RS.NEY, was also ordered to be did make specifications and draught contour lines of said coupler, and published them to the world, stating that any automatic vertical plane coupler that would printed in the RECORD, to be considered as pending: couple automatically with the M. O. B. coupler, and also couple readily by band Amend section 10 by adding thereto the following proviso: to the common draw-bar, with the link and pin coupler. would be considered Pl'ooided, ftirl.her, That the lands in this section declared a. part of the public as a standard coupler and so used by all 1·ailroads (of which couplers there are domain of the United l::itaoos and hereby opened to settlement a.re hereby created ~ow some ten or twelve already accepted and in use by the roads), thus forestall· into a public land district, and the President is hereby em powered and directed mg a. monopoly in such coupler; and to locate land offices for the same in said district, and to appoint, in conformity \Vhereas said same master car-builders did in the eame convention, held in .- with existing law, a registe1· and receiver for said land office; and for the pur Minneapolis in 1887, adopt the report of their committee on freight-car brakes, pose of carrying out this provision the sum of e2,500, or so much thereof as may wl1;ich report showed that power or air brakes were as practically applicable to be necessary, is hereby appropriated. freight as to passenger cars; and "'."hereas there being now no longer a.ny doubt as to the practicability of ap Mr. PERKINS. I renew the motion that the committee rise. plymg such brakes to freight trains, and were such uniform automatic power The motion was agreed to. brakes and couplers universally and uniformly adopted and used in thefreight The committee accordingly rose; and the Speaker hosing resumed car txa.nsporta.tion service of this nation, it would prevent a very large per t enl. of the fatalities and injuries now daily and hourly suffered by this large cla.~s the chair, Mr. PAYSON reported that the Committee of the Whole House of young men engaged in the indispensable work of the commerce of the na on the state of the Union, having had under consideration the bill (S. tion: Therefore, 895) to provide a temporary government for the Territory of Oklahoma, Be it resofred by the senate (the house cnncurring), That oru· Seaators and Repre had come to no resolution thereon. · sentatives in Congres!' be most earnestly and respectfully requested to take all proper means to have enacted at the earliest possible date efficient laws that Mr. PERKINS. ·I move that the House now adjourn. shall. require that all ca.rs used on railroads in the interstate commerce of the Pending the motion to adjourn, business was transacted by tmani nation shall be equipped with uniform, safe, automatic couplers and power au mous consent, as follows: tomatic brakes, to the end that the terrible sacrifice of life and limb be pre vented nnd that this "reproach to our civilization of subjecting any class of EXROLLED BILLS SIGNED. American workmen, while in the pursuit of a necessary and useful avocation, to a peril of life and limb as great as that of a soldier in time of war," be taken Ur. KENNEDY, from the Committee on Enrolled Bills, reported that away. they had examined and found truly enrolled bills and a joint resolution I hereby certify that the foregoing resolution has been passed by both houses of the following titles; when the Speaker signed the same: of the Twenty-third General Assembly of Iowa. A bill (S. 280) to amend an act to incorporate the Georgetown and W.R. COCHRANE, Secretary Senate. Tennallytown Railway Company of the District of Columbia,, which The motion of Mr. PERKINS that the House adjourn was then agreed ·- became a law August 10, A. D. 188 ; to; and accordingly (at 5o'clock and 15 minutes p. m.) the House ad A bill (S. 308) to ascertain the amount doe the Pottawatomie Indians journed. of Michigan and Indiana; A bill (S. 1297) to amend an act entitled "An act to authorize the EXECUTIVE AND OTHER COMMUNICATIONS. construction of a :wagon and foot· passenger bridge across the Mississippi . River at or near Lyons, Iowa;" Under clause 2 of Rule XXIV, the following communications were A bill (S. 1858) to shorten the terms of imprisonment in the jail and taken from the Speaker's table and referred as follows: in the work-house of the District of Columbia on account of good con ADDITIONAL BUIJ,DINGS AND IMPROVEMENTS IN THE CHILOCCO duct during confinement; SCHOOL, INDIAN TERRITORY. A bill (S. 1905) to amend an act entitled "An act to authorize the building of a railroad bridge at Fort Smith, in the State of Arkansas,'' Letter from the Secretary of the Interior, transmitting a copy of a approved Joly 19, 1888; communication from the Commissioner of Indian Affairs, with ex A bill (H. R. 5682) to amend an act entitled "An act to constitute planatory papera, explaining the necessity for additional buildings and Columbus, Ohio, a port of delivery, and to extend the provisions of the improvements in the Chilocco School, Indian Territory-to the Com a-0t of Jone 10, 1880, entitled' An act to amend the statutes in relation mittee on Indian Affairs. to the immediate transportation of dutiable goods, and for other pur PERSONS ARRESTED FOR )IURDER, ETC., IN THE DISTRICT OF COLUMBIA. poses,' to said port of Columbus, Ohio," approved February 9, 1889; and Letter from the Attorney-General of the United States, transmitting ·- Joint resolution (S. R. 63) providing for taking the census in Alaska. a report of the number and name.a of persons arrested in the District of Columbia charged with murder, manslaughter, etc., in answer to res LEAVE OF ABSENCE. olution of the Honse of Representatives of February 21, 1890-to the By unanimous consent, leave of absence was granted as follows: Committee on the Judiciary. To Mr. RUSK, for this day, on account of important business. To Mr. LANSING, for ten days from this date. WITHDRAW AL OF PA.PERS. SENATE BILLS AND RESOLUTIONS REFERRED. Mr. WILSON. of West Virginia, by unanimous consent, obtained Under clause 2 of Rule XXIV, Senate bills and resolution of the leave to withdraw from the files of the House, without leaving copies, following titles were taken from the Speaker's table and 1·eferred a~ papers in the case of William Hawkins. follows: .· CORRECTION. A bill (S. 680) for the relief of Alice E. Robertson-to the Commit tee on Claims. · The SPEAKER. The Chair desires to state, in regard to the resolu A bill (S. 1219) to provide for the construction of a public building tion submitted by the gentleman from Massachusetts [Mr. LODGE] at Salt Lake City, Utah Territory-to the Committee on Public Build calling for Departmental information, that it was incorrectly stated to ings and Grounds. be a report from the Naval Committee. Without objection, the reso A bill (S. 2653) to provide for the times and places to hold terms of lution will be journalized as having been introduced by the gentleman the United States courts in the State of Washington-to the Commit from Massachusetts by unanimous consent. Is there objection? The tee on the Judiciary. Chair hears none. · Resolt·ed by the Senate (the Hoiise of Representatives concun·ing), That there be l\IE::.\:IORIAL ADDRE."SSES ON HON. JAl\IES LAIRD. printed and bound in cloth 5,000extracopies of the report of the Superintendent of the United States Coast and Geodetic Survey for the fiscal year ending J11ne Mr. LAWS, by unanimous consent, submitted the following resolu 30, 1889, together with the usual necessary progress sketches and illustrations tion; which was read, considered, and adopted: LOOO copies of which shall be for the use of the Senate, 2,000 copies for the us~ Resolved, That Saturday, April 12, 1890. at 4 o'clock iu the afternoon, be set of the House of Representatives, and 2,000 copies for the use of the United apa.NJor.paying tribut.e to the memory of Hon. Jam.es Laird, late a member of States Coast and Geodetic Survey; the Hbuse of Representatives from the Second district of the State of N ebraskf\. to the Committ.ee on Printing. OAR-COUPLEilS Alt.TD A.IR-BRAKES O~ FREIGHT TRAIKS. \ - Mr. LACEY, by unanimous consent, presented the following resolu REPORTS OF COMMITTEES. tions of the Legislature of the State of Iowa; which were reforred to the Committee on Commerce, and ordered to be printed in the RECORD: Under clause 2 of Rule XIII, the following reports. were filed, and, Whereas reliable statistics show that thousands of our young men are killed with accompanying bills, ordered to be printed~ and referred as follows: nnd many thousands more are crippled for life in this nation, in coupling and Mr. THOMAS, from the Committee on War Claims, to which was re uncoupling cars and from being on top of freight trains to handle brakes; and committed the bill (H. R. 7158) authorizing the Qnartermaster-Gen Whereas the National Car-Builders' Association (an organization of me chanics in the employ of railroad companies, charged with the responsibility of eral and the Commissary-General to re-examine claims against the car-building and representing in the said association about 90 per cent. of the United States, and extending time for filing such claims, reported, as a railroads of the nation) did, after years of ea1·nest investigation and tests, at substitute therefor, a bill (H. R. 8098) authorizing the Secretary of their twenty-fifth annual convention, held in n.finneapolis, l\Iinn., June, 1887, adopt by over a. two-thirds majority \ote an automatic safety car-coupler of ''ar to cause to be re-examined claims against the United States, and .. the vertical plane hook type as the standard automatic coupler for general and extending the time for filing such claims, and for other purposes; which uniform use upon cars in this nation; and said substitute was read twice, and referred to the Committee of the Whereas the managers of the railroads represented in that association of Na ' :-.. tional Mast.er Car-Builders did, after ninety days of consideration, approve the Whole Honse on the state of the Union. ·.. action of the master car-builders by over a two-thirds majority vote, thus making Mr. ENLOE, from the Committee on War Claimsr reported favorably what was named by the executive committee of the l'IIaster Car-Builders' Asso the following bills; which were severally referred to the Committee o.f ciation ·the 1\1. 0. B. coupler, meaning the 1\Iaster Car-Builders' Coupler, the standard car-coupler fo:r cars, on their own motion; and the Whole House: Whereas said executive-committ.ee, under instructions from the association, A. bill (H. R. 5280) for the reliefof Mrs. Ellen P. Malloy; .. · :.. - ·- . - ' r • -~- ·' •• : >-·, , . 2180 CONGRESSIONAL RECORD-HOUSE. MARCH 12, A bill (H. R. 1341) for the relief of Louisa Q. Lovell and others; and By Mr. GREENHALGE: A bill (H. R. 8097) authorizing and direct A bill (H. R. 1353) for the relief of the heirs of William D. Wilson, ing the construction and trial of three Hall torpedoes, and making an deceased. appropriation therefor-to the Committee on.Naval Affairs. l\Ir. LANSING, from the Committee on Private Land Claims, re By .Mr. HEMPHILL (by request): A bill (H. R. 8099) to amend an ported with amendment the bill (H. R. 3809) relative to the Rancho act entitled "An act to regulate steam-engineering in the District of Punta de la Laguna-to the Committee of the Whole House. Columbia-to the Committee on the District of Columbia.. Mr. STONE, of Kentucky, from the Committee on War Claims, to By Mr. CRAIN: A bill (H. R. 8100) to provide for the purchase of which was referred a letter from the assistant clerk of the Court of the site of Fort Duncan at Eagle Pass, Tex., and for the erection of Claims, transmitting a copy of the findings of fact in the cm::e of Mary buildings thereon for a, military post-to the Committee on ~1ilitary J. Dooleyi:s. The United States, reported the same with the recommenda .Affairs. tion that the same be printed and recommitted to said committee; By Mr. EZRA B. TAYLOR: A bill (H. R. 8101) to provide for the which was so ordered. further distribution of reports of the Supreme Court-t.o the Commit Mr. THOMAS, from the Committee on War Claims, reported favor tee on the Judiciary. ably the bill (H. R. 6000) for the relief of Samuel Marsh-to the Com By .Mr. LEE: A bill (H. R. 8102) making an appropriation for im mittee of the Whole House. proving the public road in Alexandria County, State of Virginia, con Mr. THOMPSON, from the Committee on the Judiciary, reported necting the District of Columbia. by way of the Government bridges, favorably the bill (H. R. 813) to provide an additional mode of taking known as the Aqueduct Bridge, Chain Bridge, and Long Bridge, with depositions of witnesses in cases pending in the courts of the United the national cemetery at Arlington, Va.-totheCommittee on Militacy States-to·the House Calendar. Affairs. l\Ir. CUTCHEON, from the Committee on .Military Affairs, reported By l\Ir. DUNPHY: A bill (H. R. 8103) to amend "An act for the favorably the bill (H. R. 7976) to amend sections 1216 and 1285 of the erection of an appraiser's warehouse in the city of New York, and for Revised Statutes relative to certificates of merit to enlisted men of the other purposes," approved September 14, 1888-to the Committee on Army-to the Committee of the Whole House on the state of the Union. Public Buildings and Grounds. Mr. ATKINSON, of Pennsylvania, from the Committee on Expen By l\fr. BUCHANAN, of New Jersey: A bill (H. R. 8104) to amend ditures in the Treasury Department, reported, as a sub~titute for the section 2166, Revised Statutes of the United States-to the Committee bill of the House (H. H. 389G) to determine and increase the pay of on theJudiciary. watchmen in the Treasury Department, a bill (H. R. 8106) to det-t>r Also, a bill (H. R. 8105) extending the provisions of the pension laws mine and increase the pay of watchmen in the Treasury Department to acting medical cadets-to the Committee on Invalid Pensions. to the Committee of the Whole House on the state of the Union. By Mr. WILSON, of Missouri: A bill (H. R. 8145) for the erection of Mr. DAVIDSON, from the Committee on Commerce, reporteil, as a· a public building at Maryville, 1\10.-to the Committee on Public substitute for the bill (H. R. 4665) to establish five lights at stations Buildings and Grounds. \ .. along the ship-chanuel of Mobile Bay, a bill (H. R. 8107) to establish additional aids to navigation along the ship-channel of Mobile Bay, Alabama-to the Committee of the Whole House on the state of the PRIVATE BILLS, ETC. Union. Under clause 1 of Rule XX:II, private bills of the following titles were Mr. KERR, of Iowa, from. the Committee on Public Buildings and delivered to the Clerk and referred as follows: Grounds, reported favorably the bill (H. R. 4596) to provide for the con- By Mr. ADAMS: A bill (H. R. 8108) granting a pension to Martha struction of a public building at Hastings, Nebr.-totheCommittee of Vandegrift-to the Committee on Invalid Pensions. the Whole House on the state of the Union. By Mr. BROWNE, of Virginia: A bill (H. R. 8109) to pension George Mr. ATKINSON, of Pennsylvania., from the Committee on Expendi- W. Scott for service in the Florida war-to the Committee on Pensions. tures in the Treasury Depar~ment, reported favorably the bill of the Ily Mr. BRUNNER: A bill (H. R. 8110) granting a pension to Clara Senate (S. 2237) providing for tLe maintenance of discipline among ens- Geiser-to the Committee on Invalid Pensions. toms officers-to the Honse Calendar. By l\Ir. BURROWS: A bill (H. R. 8111) for the relief of Lott S. Bay- ADVERSE REPORT. less-to the Committee on Claims. ~ . Also, a bill (H. R. 8112) for the relief of Sarah F. Turner-to the Under cla~se 2 of Rule XIII, au adver;:,e report was delivered to the Committee on Invalid Pensions. -· •I Clerk and la1d on the table, as follows: . . . I By Mr. BYNUM {by request): A bill (H. R. 8113) granting a pen- . By .Mr. THOMPSO~, from ~he Committee on t~e Judiciary, on the sion to Edward Ayers-to the Committee on Invalid Pensions. bill. (H. R. 879) to amend section 3477 of the Revised Statutes of the By Mr. COLEMAN: A bill (H. R. 8114) for the relief of Mary c. '. Umted States. Haile, widow of Capt. C. M. Haile, of the Fourteenth Regiment United States Infantry, war with Mexico-to the Committee on Pensions. RESOLUTIONS. By Mr. CHIPMAN: A bill (H. R. 8115) increasing the pension of John Winchell-to the Committee on Pensions. Under clause 3 of Rule XXII, the following resolutions were deliv By Mr.COVERT: A bill (H. R. 8116) for the relief of Alexander Stod ered to the Speaker and referred as follows: dart, of New York-to the Committee on War Claims. By Mr. LANSING: Also, a bill (H. R. 8117) for the relief of Frederick, Victor & Achelis, Resolved, That the Clerk of the House be, and he is hereby, authorized and directed to pay out of the contingent fund of the House of Representatives to importers and merchants of the city of New York-to the Committee on Charles H. Olark the sum of $50, being the amount due him for services rendered Ways and Means. as temporary clerk in the document ro:m of the House of Representatives Crom By Mr. FITHIAN: A bill (H. R. 8118) granting a pension to Rich- .January 6, 1890, to February 1, 1890; ard Dnckner-to the Committee on Invalid Pensions. · to the Committee on Accounts. By Mr. GEST: A bill (H. R. 8119) to grant a pension to Margaret By Mr. KELLEY: Hawkins-to the Committee on Pensions. Whereas in defianceofthe proclamation of the President of the United States, By Mr. GIBSON: A bill (H. R. 8120) for thereliefofW. H. Rowley dated February 17, 1890, persons largely interested in the live-stock business in & Sons-to the Committee on Ways and Means. the Indian Territory and the adjacent States have conspired together to drive By Mr. GREENHALGE: A bill (H. R. 8121) to increase the pen their h~rds into the section of country known as the 0herokee Strip, claiming the right t-0 do so under lease purporting to have beeu made by the authorities sion of William Sharrock-to the Committee on Invalid Pensions. of the Cherokee Nation; and By Mr. HATCH: A bill (H. R. 8122) for the relief of James W. Whereas it o.ppears that the influence of the so-called "cattle barons" to hold such Strip for grazing purposes has been the principal obstacle in the way of the Ralls-to the Committee on Invalid Pensions. adjustment of the claim of the Cherokee Nation and the opening or said land Also, a bill (H. R. 8123) for. the relief of Emily S. Wheeler-to the to setllement: Therefore, Committee on Invalid Pensions. Resolved, That any violation of the provisions of said proclamation would be By Mr. LACEY: A bill (H. R. 8124) granting a pension to George prejudicial to the public interests, and its rigid enforcement will receive the un· qualified approYal of the country at large, and especially of the persons wishing Everts-to the Committee on Invalid Pensions. to make homes upon the land in question. By Mr. LANE: A bill (H. R. 8125) granting a pension to Frederick Resolved, That whatever maybe the consideration awarded in the adjustment B. Sells-to the Committee on Invaiid Pensions. of the Cherokee claim, lands herein referred to should be opened t-0 act,ual set tlement under the homestead laws of the United States; By Mr. LAWLER: A bill (H. R. 8126) for the relief of Peter Clark to the Committee on the Public Lands. to the Committee on Military Affairs. By l\Ir. LEE: A bill (H. R. 8127) for the relief of the estate of Branch Kincheloe-to the Committee on War Claims. BILLS AND JOINT RESOLUTIONS. Also (by request), n. bill (H. R. 8128) for the relief of Rachel Dyer, of Fairfax: County, Virginia-to the Committee on Claims. Under clause 3 of Rule XX:II, the following bills were delivered to By Mr. McCREARY: A. bill (H. R. 8129) for the reliefof"Thom.as J. the Speaker, severally read twice, and referred as follows: Barker-to the Committ-ee on War Claims. By Mr. BLISS: A bill (H. R. 8096) granting a pension to the honor Also, a bill (H. R. 8130) for the relief of Joseph B. Cox-to the Com ably discharged soldiers and sailors of the war of the rebellion who mittee on War Claims. served ninety days and who shall make application for the same-to Also, a bill (H. R. 8131) for the relief of Jeremiah Davidson-to the the Committee on Invalid Pensions. Committee on War Claims. • I .,. .• I ,,. . ;.. .) .. ; • < , ...... , . t ,.. ""' - I' ' 1890. CONGRESSIONAL RECORD-HOUSE. 2181 '. Also, a bill (H. R. 8132) for the relief of Joseph L . .navisand Mrs. By Mr. FUNSTON: Resolution to authorize the Committee on Agri Mary E. Dennis, heirs of John Davis, deceased-to the Committee on culture to have papers and documents printed-to the Committee on War Claims. Printing. Also, a bill (H. R. 8133) for the relief of David L. Stephenson-to By Mr. GEAR: Memorial of the senate of the State of Iowa, praying the Committee on War Claims. Congress to enact laws requiring all interstate railways to be equipped By Mr. MOORE, of New Hampshire: A bill (H. R. 8134) granting with automatic brakes-to the Committee on Railways and Canals. a pension to Ellen M. Bnrpee-to tht:i Committee on Invalid Pensions. By Mr. GEISSENHAINER: Petition for improvement of South By Mr. NUTE: A bill (H. R. 8135) granting a pension to Jeanie Shrewsbury River, in Mon month County, New Jersey-to the Commit Brent Davenport-to the Committee on Invalid Pensions. tee on Rivers and Harbors. By Mr. OWEN, of Indiana: A bill (H. R. 8136) for the relief of By Mr. GIFFORD: Memorial of the Legislature of South Dakota, James M. Watts-to the Committee on the Post-Office and Post-Roads. that an appropriation be made to aid in the selection of indemnity ' By Mr. PEEL: A bill (H. R. 8137) for the relief of Flavius J. Lind school lands in said State-to the Committee on the Territ.ories. .. sey, administrator of John N. Curtis, deceased-to the Committee on Also, memorial of the Legislature of South Dakota, asking tor an ap , War Claims. propriation equaling 5 per cent. of the proceeds of all sales of public , By Mr. PETERS: A bill (H. R. 8138) increasing the pension of Har lands within t l.) present boundaries of the State of South Dakota from . ness R. Buckles-to the Committee on Invalid Pensions. June 30, 1880, to the admission of said State into the Union-to the .; By Mr. QUACKENBUSH: A bill (H. R. 8139) forthereliefof George Committee on the Public Lands. ; Campbell-to the Committee on War Claims. Bv Mr. HATCH: Memorial of the Brewers' Association of St. Louis Also, a bill (H. R. 8140) for the reliefof Henry Wheeler-to the Com and. East St. Louis, against the passage of the bill (H. R. 4599) to :fix '. mittee on Invalid Pensions. the rate of duty on hops-to the Committee on Ways and Means. ' By Mr. RICHARDSON: A bill (H. R. 8141) granting a pension to Also, petition and affidavits to accompany a bill for the relief of James Mrs. Hannah Fowler, widow of Charles Fowler, deceased-t.o the Com W. Rulls-to the Committee on Invalid Pensions. mittee on Invalid Pensions. Also, memorial of the St. Louis Typothetre, against the Government By Mr. SAYERS: A bill (H. R. 8142) for the relief of the heirs of mode of printing and selling envelopes-to the Committee on the Post Brittan Marshal Odam-to the Committee on War Claims. Office and Post-Roads. By Mr. STUMP: A bill (H. R. 8143) for the reliefofthelegal repre By Mr. . HENDERSO..:.~, of Iowa: Petition of farmers of New Provi sentatives of Robert R. Vandiver-to the Committee on War Claims. dence, Hardin County, Iowa, urging legislation against gambling in By Mr. WILSON, of West Virginia: A bill (H. R. 8144) granting a grain-to the Committee on Agriculture. . ' pension to Thomas P. Lilly, late a private soldier of Company I, Eigbty Also, resolutions passed by W. Fairbank Post, No. 436, Grand Army ft1th Pennsylvanh Regiment-to the Committee on Invalid Pensions. of the Republic, Alden, Hardin County, Iowa, urg;ing passage of the Under clause 2 of Rule XXII, the following changes of reference service-pension bill-to the Committee on Invalid Pensions. were made: Also, resolutions passed by W. A. Morse Post, No. 190, Grand Army of CHANGE OF REFERENCE. the Republic, Manchester, Delaware County, Iowa, for same purpose .A bill (H. R. 5580) for the relief of John F. Kranz-Committee on to the Committee on Invalid Pensions. Claims discharged, and referred to the Committee on War Claims. Also, resolutions passed by Surfus Post, No. 105, Grand Army of the A bill (H. R. 4805) for the relief of Harry S. Kellogg, administrat.or Republic, Bristow, Butler County, Iowa, urging the passage of the serv• of the estate of Lyman M. Kello!?g-Committee on War Claims dis ice-pension bill-t.o the Committee on Invalid Pensions. charged, and referred to the Committee on Military Affairs. By Mr. LACEY: Petition of I. R. Shull, in support of bill for relief : A bill (H. R. 278) to amend paragraph 3 of section 4414 of the Re of George Everts-to the Committee on Invalid Pensions. vised Statutes-House Calendar discharged, and referred to the Commit By Mr. LANE: Petition of Farmers' Alliance, Red Willow County, ~I tee on Commerce. Nebraska, asking free coinage of silver and approving Windom bill-t.o the Committeeon Coinage, Weights, and Mea~m·es. Also, petition of Farmers' Alliance of Nebraska, against the Union PETITIONS, ETC. Pacific funding bill-to the Committee on the Pacific RailroaM. Under clause 1 of l<.nle XXII, the following petitions and papers By Mr. OUTHWAITE: Petition of the railway postal clerks run· were delivered to the Clerk and referred as follows: ning into Columbus, Ohio, in favor of bill H. R. 6359-to the Commit By Mr. ADAMS: Petition of F. L. Hagadom,relativeto H. R. 7183- tee on the Post-Office and Post-Roads. to the Committee on Military Affairs. By Mr. PAYNTER: Petition of John A. Rigdon, Company G, Ken By Mr. BULLOCK: Petition of the Monthly Meeting of Friends, of tucky Cavalry, for amendment of military record and honorable dis Archer, Fla., protesting against appropriations for increase in navy and charge-to the Committee on Military Affairs. coast defenses-to the Committee on Naval Affairs. Also, petition of John McGowan, for removal of charge of desertion, By Mr. CAINE: Resolutions adopted by the city council of Beaver for honorable discharge, pay, bounty, etc., and pension claim884825- City, Utah, favoring an appropriation of $6,200 for the construction to the Committee on Military Affairs. · of a deep harbor at Galveston, Tex.-to the Committee on Rivers and By Mr. PEEL: Petition of Flavius J. Lindsey, praying that his claim -! Harhors. for property taken by the Army during the late war be referred to the Also, resolutions adopted by the county court of same county and Court of Claims-to the Committee on War Claims. Territory, for same purpose-to the Committee on Rivers and Harbors. Also, petition of David Stephenson, for same purpose-to the Com By Mr. CHIPMAN: Petition of residents adjacent to Detroit, Mich., mittee on War Claims. in favor of increase of pay of letter-carriers-to the Committee on the By Mr. PUGSLEY: Petition from 250 Friends of Wilmington, Ohio, Post-Office and Post-Roads. against appropriations for Navy and other warlike expenditures-to Also, petition of citizens of Detroit, Mich., for same purpose-to the the Committee on Naval Affairs. Committee on the Post-Office and Post-Roads. By Mr. ROBERTSON: PetitionofT. S. Foutent and others, asking Also, petition of business men and manufacturers of same city, for relief for settlers within the limits of indemnity grant of lands to New same purpose-to the Committee on the Post-Office and Post-Roads~ Orleans Pacific Railroad Company, setting forth the fact that said land Also, petition of other citizens of same city, for same purpose-to the has been unlawfully withdrawn from the public domain-to the Com Committee on the Post-Office and Post-Roads. mittee on the Public Lands. ...· .. By Mr. COMSTOCK: Petition asking that Pipestone Indian reser By Mr. SMITH, of West Virginia: Petition of late soldiers in Wirt vation be converted into National Indian Pipestone Park, etc.-to the County, West Virginia, to revive airears act-to the Committee on In Committee on Indian Affairs. valid Pensions. By Mr. CO~GER: Concurrent resolution of the senate and house of By Mr. STOCKDALE: PetitionofLoudonL. Leu, ofAmiteCounty, representatives of the State of Iowa, urging such legislation by Con .Mississippi, for reference of his claim to the Court of Claims under gress as will require all railroad cars used in interstate commerce to be the provisions of the Bowman act-to the Committee on War Claims. equipped with uniform, safe automatic couplers and power automatic By Mr. STRUBLE: Petition of Biddlecome Post, Grand Army of brakes-to the Committee on Commerce. the Republic, No. 461, Akron, Iowa, asking the passage of the service By Mr. COVERT: Memorial of Frederick, Victor & Achelis, for re pension bill-to the Committee on Invalid Pensions. lief fromexcessiveimportduties-totheCommitteeon Ways and Means. By Mr. TARSNEY: Petition of:M. l\I. Cooke, askingCongresstorefer By Mr. DORSEY: Resolution adopted by farmers of Box Butte his claim for quartermaster st.ores to the Court of Claims under the so County, Nebraska, in regard to the beet-sugar industry-to the Com cal led Bowman act-to the Committee on War Claims. mittee on Ways and Means. · By Mr. VENABLE: Petition of common council of city of Peters By Mr. ELLIOTT: Resolutions of the Boards of Trade of Beaufort and burgh, asking for an appropriation for the Appomattox River, in Vir Port Roya.I, S. C., against the passage of the bill exempting coastwise ginia-to the Committee on Rivers and Harbors. vessels from payment of pilotage-t.o the Committee on Merchant Ma By Mr. WALKER, of Massachusetts: Petition of the Massachusetts rine and Fisheries. Board of Gas and Electric Light Commissioners, tor an appropriation By Mr. FITHIAN: Petition of Camp No. 56, Union Veteran Legion, to be allowed the Superintendent of the Census for the collection of Palestine, IlL, to pass service-pension bill-to the Committee on Invalid certain data relative to the electrical industry-to the Select Committee Pensions. on the Eleventh Census• ... . ~ I ' ' - , . ·- -.. ., . . ' \ I ... \ ;. 2182 CONGRESSIONAL RECORD-SENATE. MAROH 13, By Mr. WATSON: Petition of about 200citizensofWarrenCounty, Mr. STEWART presented nineteen petitions signed by 793 members asking pas.sage of pension bill-to the Committee on Pensions. of the Farmers' Alliance and citizens of Nebraska, praying for the free By Mr. WILLIAMS, of Illinois: Affidavit in support of claim of J. coinage of silver; which were referred to the Committee on Finance. J. Talbott-to the Committee on War Claims. Mr. WILSON, of Iowa, presented a. memorial of the Monthly Meet By Mr. WILSON, of West Virginia: Papera accompanying bill grant ing of Friends, of Richmond, Keokuk County, Iowa, consisting of 400 ing pension to Thomas P. Lilly-to the Committee on Invalid Pensions. members, remonstrating against appropriations for the construction of By Mr. WRIGHT: Petition and papers accompanying House bill a navy; which was referred to the Committee on Naval Affairs. 7749, to pension Elizabeth A. :Brown-to the Committee on Invalid Mr.- HAWLEY presented a. memorial of citizens of Hartford, Conn., Pensions. remonstrating against the passa_ge of a Sunday-rest bill; which was re ferred to the Committee on Education and Labor. Mr. GORMAN presented the petition of Virginia T. Lewis, of Balti· more, Md., praying Congress t-0 purchase the dress sword of General SENATE. George Washington; which was referred to the Committee on the Li THURSDAY, March 13, 1890. brary. He also presented a petition of 41 citizens of Sparrow's Point, Mary Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. land, praying for the free coinage of silver; which was referred to the The Journal of yesterday's proceedings was read and approved. Committee on Finance. Mr. CULLOM presented a petition of citizens of Illinois, prayingthat PETITIONS AND :MIDIORIALS. all honorably discharged Union soldiers and sailors who served three The PRESIDENT pro tempore presented a letter from the secretary months or more in the late war be given a. pension from the date of _. of Utah Territory, transmitting a copy of a memorial to Congress from their discharge large enough to keep them from suffering for the com the governor and Legislative Assembly of Utah, praying that a.u ap forts of life, except those who have drawn such pension; which was re propriation of $250,000 be made for the construction of a public build ferred to the Committee on Pensions. ing at Ogden, Utah; which, with theaccompanyingpaper, was referred He also presented resolutions adopted by Carrollton Post, No. 442, to the Committee on Appropriations, and ordered to be printed. Grand Army of the Republic, Department of Illinois, remonstrating Mr. PADDOCK subsequently said: I suggest that the memorial against the passage of the dependent pension bill and praying for the of the Legislative Assembly of the Territory of Utah, which was referred pas...<:age of the service·pension bill; which were referred t-0 the Com to the Committee on Approprrations, relating to the construction of a. mittee on Pensions. public building at Ogden, be referred to the Committee on Public Build He also presented a petition of the Peoria County Grange, Patrons of . - - ings and Grounds. Husbandry, of North Peoria, Ill., praying for the passage of the bill The PRESIDENT pro tempore. It asks for an appropriation. introduced by Hon. P. S. PosT, providing for the free c_oinage of silver; Mr. PADDOCK. It is for the constmction of a public building for which was referred to the Committee on Finance. a post-office and other Government offices. Ur. MANDERSON presented a petition of the county commission The PRESIDENT pro tempore. It is customary to refer petitions ers of Polk County, Nebraska, praying that an appropriation be made a.skiag for appropriations to the committee on that subject. If t.here to secure a deep water-harbor at Galveston, Tex.; which was ordered be no ·objection, howeYer, the memorial will be referred to the Com to lie on the table. mittee on Public Buildings and Grounds. Mr. MANDERSON. I present a petition of citizens of Antelope l\lr. PADDOCK. That is the proper reference. County, Nebraska, calling the attention of Congress to the experiments The PRESIDENT pro tempore presented a petition of Grand Army that are being made in the West in the way of producing beet anil. sor Post No. 289, of Grenola, Kans.; a petition of citizens of Cherryvale, ghum· cane sugar, and praying for the retention of the present tarift Kans.; a petition of citizens of Smith County, Kansas; a petition of citi thereon. I understand that petitions of this character are being re zeasof Brewster, Kans.; a.petition ofcitizens ofWanego, Kans.; a peti ferred to the Committee on Agriculture and Forestry, and I move that tion of citizens of Lyons County, Kentucky; a petition of citizens of Hor this petition be so referred. ton, Kans., and a petition of the Grand Army of the Republic Post No. The motion was agreed to. 27, of Caldwell, Kans., praying for the passage of the service-pension .Mr. EVARTS presented a petition of 24 citizens of Wood ville, J e.ffer bill; which were reforred to the Committee on Pensions. son County, New York, praying for the free coinage of silver; which ·. He also presented a petition of Grand Army Post 76. of Nebraska; was referred to the Committee on Finance. a petition of citizens of Coffey County, Kansas; a. petition of Grand l\Ir. PADDOCK presented resolutions adopted by the Chamber of Army Post 13~ of Kansas; a petition of citizens of Kansas; a petition Commerce of Salt Lake City, Utah, favoring an appropriation for a of citizens of Topeka, Kans.; a petition of Grand Army Post 75, of deep-water harbor at Galveston, Tex.; which were ordered to lie on Crete, Nebr.; a petition of Grand Army Post 136, of Nebraska; a peti the table. tion of Grand Army Post 118, of Tekahmah, Nebr.; a petition of Mr. W ALTHA.LL presented a petition of the Legislature of Miss-is- · Grand Army Post 91, of Minden, Nebr.; a petition of Grand Army sippi, praying for legislation requiring that all cars used on railroads Post23, of Central City, Nebr., and a petition of McConihiePostNo. 45, in the business of interstate commerce shall be equipped with uniform • Grand Army of the Republic, of Nehraska, praying for the passage of automatic couplers a:c.d power automatic-brakes to prevent the sacrifice Senate bill 496, to remove the limitation in the act granting arrears of of Ufe and limb; which was referred to the Committee on Interstate pension; which were referred to the Committee on Pensions. · Col!lmerce. He also presented a petition of citizens of Reno County, Kansas, pray REPORTS OF COl\IMITTEES. ing for the passage of the Kansas-Indiana service-pension bill; which was referred to the Committee on Pensions. Mr. TURPIE, from the Committee on Pensions, to whom was re He also presentetl a petition of C. H. Schroeder, principal of the pub ferred the bill (H. R. 4840) t-0 increase the pension of William Boone, lic school at Sligo, Mo., and the petition of.M. A. Haug, teacher in the reported it without amendment, and submitted a report thereon. public school at Salem, Mo., praying for the passage of the international .Mr. BLACKBURN, from the Committee on Naval Affairs, to whom copyright bill; wh:ch were ordered to lie on the table. was referred the bill (S. 2639) for the relief of Mrs. Selina Bestor, Or He also presented a memorial of the Frienrls' Association of Lowell, son H. Bestor, and E. Francis Riggs, reported it without amendment, Kuns., remonstrating against increasing approprilltions for naval de and submitted a report thereon. fume; which was referred to the Committee on Naval Affairs. Mr. COCKRELL, from the Committee on Military Affairs, to whom He also presented a petition of a mass meeting of colored citizens of was referred the bill (S. 1757) to apply to commissioned and non-com Ironton, Ohio, pra.ving for the passage of the Blair educational bill; missioned officers the provisions of the act of Congress entitled ''An act which were ordered to lie on the table. for the relief of certain volunteer and regular soldier.s of the late war, He also presented a petition of the Leavenworth County (Kansas) and the war with Mexico," approved March 2, 1889, submitted an ad Farmers' Alliance, praying for the passage of the bill to. establish na verse report thereon; w hlch was agreed to, nnd the bill was postponed tional warehou5es for the storage of grain; which wns referred ·to the indefinitely. Committee on Agriculture and Forestry. Mr. FRYE, from the Committee on Commerce, to whom was referred He also presented a petition of sundry citizens of Gridley, Kans., the bill (S. 2897) to amend an act entitled "An act to amend the statutes praying for the passage of a national Sunday-rest law; which was re in relation to immediate transportation of dutiable goods, and for other ferred to the Committee on Education and Labor. purposes," approved June 10, A. D. 1880, reported it without amend He also presented a petition of the county commissioners of Jewell ment. County, Kansas, and a petition of the county commissioners of Pawnee He also, from the same committee, to whom was referred the bill (S. County, Kansas, praying that an appropriation of_$6,200,000 be made 3017) to amend chapter 418 of the acts passed at the second session of for a deep-water harbor at Galveston, Tex.; which were ordered to lie the Fiftieth Congress, reported adversely thereon; and the bill was post on the table. poned indefinitely. He also presented sundry petitions numerously signed by citizens of LIFE-SA vJ'NG APPLIANCES. the counties of Shannon, Crowley, and Neosho, in the State of Kansas, Mr. FRYE. I am instructed by the same committee to report an • t ... .. and a petition of citizens of South Haven, Kans., all prayiJg for the free original bill, and it renders the one ju.st indefinitely postponed unnec coinage of silver; which were referred to the Committee on Finance. essary. , - ·.