1886. CONGRESSIONAL RECORD-SENATE. 3861

By Mr. WHEELER: Petition of Margaret W. Roach, asking that her The scope of the investigation, as actually conducted by the com­ case, with evidence before the Southern Claims Commission, be referred mittee,· is stated in the majority report as follows: to the Court of Claims-to the Committee on War Claims. • Whenever our attention was called to anything which indicated the probable • By Mr. A. C. WHITE: Memorial of Grange No. 680, of Pennsylvania, employment of improper means to gain support, we followed the clews pre­ against the reduction oftariffon wool and other raw materials-to the sented on the theory t.llat we were not only authorized, but in duty bound, to pursue any matter that promised even remotely to show the ~se of such means Committee on Ways and Means. . in connection with the election, because the discovery of one Important fact, al­ Also, memorial of the same, for the passage of bill to suppress the thoughhavingnoimmedia.tebearingup6nthechargeagai?-sttheperso~snam.ed manufacture and sale of all imitation dairy products--:-to the Committee in the resolution, might lead to the discovery of facts havmg such bearmg. And furthermore, and upon the same-theory, our i';lquiries'Yere ~ot confined on Agriculture. · to the technical rules of legal proof, but the committee availed 1tse1! c;>f any By Mr. MILO WHITE: Petition of citizens of Minnesota, for regu- source af information-admitted hearsay statements and even the opmions of lating imitation dairy products-to the same committee.. _ witnesses. By Mr. WILKf.NS: Petition of B. W. Brown, M. W., Knights of La­ I had hoped that the request put for~ard by the minority members bor, No. 1391, of Newark, Ohio, relative to public works and internal ofthe committee that the proceedings should be open and public would improvements-to the Committee on Railroads and Canals. have been acceded to, and that I might have been spared the misrep­ By Mr. WILLIS: Petition of Knights of Labor Local Assembly No. resentations of the testimony which for three months have been so stu­ 4140, of LouisVille Ky., against the passage of free-ship bill-to the diously circulated, and against which I have, of course, had no defense. Select Committee on American Ship-building and Ship-owning In­ THE RESULTS OF THE INVESTIGATION terests. are now here, embodied in the majority.. and min~rityrepqrts: The following petitions, praying Congress to place the coinage of silver First. No mention whatever is made in the majority report of. Mr. upon an equality with gold; that there be issued coin certifieates of one, Donavin, but in the report of the minority is found the following: '· two, and five dollars, the same being made a legal tender; that one and After weeks of delay Mr.Dona.vin appeared before the committee and testified two dollar legal-tender notes be issued, and that the-public debt be paid that he knew of no fact of bribery or no act on the part of any person toward as rapidly as possible by applyi.ng for this purpose the idle surplus _now any other person, either directly or indirectly, to improperly influence them as in the Treasury, were presented and severally refe.rred to the pomm1ttee members of the Sixty-sixth General Assemblr in their sut;>port.of He::uy B. Payne; he knew of himself of no facts upon which he based ~1d article, but gave on Coinage, Vteiglit<~, and Measures: ns his principal authority one William A. Taylor, who testified, when called, By Mr. LOWRY: Petition of 37 citizens of Allen County, Indiana. that he had no knowledge of any act of any person 'toward any member of the house or of the senate of the Sixt-y-sixth General Assembly of bribery or cor­ The following petitions, praying Congress for the ena{)tment of a law ruption used to induce that person or pe1·sons to give their support to Henry B. requiring scientific temperance instruction in the public schools of the Payne for United States Senator. District of Columbia, in the Territories, and in the Military and Naval Thns fell all that the investigation was originally based upon. Academies, the Indian and colored schools supported wholly or in part Second. The reports specifically, and in terms, exonerate fully and by money from t:qe national Treasury, were presented and severally completely the four members named in the resolution under which the 1·eferred to the Committee on Education: committee was appointed. By Mr. GEDDES: Of Rev. T. W. Browning and 139 others·, citizens Third. As to myself the record is one of absolute and specific exon­ of Lorain and Huron Counties, Ohio.- eration. Immediately' upon the appointment of the committee I ad­ By Mr. GROUT: Of citizens of Windsor and Orleans Counties, Ver­ dressed a letter to the chairman containing the following request: mont. . For myself I invite and challenge the most tho~ough and rigid scruti~y; my By Mr. NEECE: Of citizens of the eleventh Congressional district of private correspondence an.d ~oks of acc;ou.nt ~111 be cheerfull.Y subm.1tte!I to illinois. your inspection, ii you desue .1t.' I only mslBt,m case any testimony IS g1v.en By Mr. PIRCE: Of citizens of Providence County, Rhode Island. which in the slightest degree mculpates me, I ma.y be afforded an opportumty By Mr. SESSIONS: Of citizens of Allegany and Chautauqua Coun­ of appearing before the committee. ties, New York. To which in due time I received a reply containing the following promise on the part of the committee: . If in the prosecution of this inquiry, any testimony tending to inculpate you in a'ny degree with any questionable transaction be received, I assure yon that your request to appear before the committee in such event will be most cor- SENATE. dially and fully acceded to. . THOMAS .A. COWGILL, Chairman. TUESDAY, April 27, 188G. As the committee have never notified or requested me to appear be­ Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. fore them, nor called for my books or private correspondence, the result The Journal of yesterday's proceedings was read and approved. of the investigation, except upon the hypothesis that the committee are _ OHIO S~ATORIAL INVESTIGATION. destitute of truth and honor, must be as to myself absolute exonera- tion. · The PRESIDENT pro tempore. The Chair lays before the Senate a I refrain from any comment upon the facts stated in the minority re­ letter from th~ clerk of the house of representatives of the Legislature of port, that witnesses desired by the :mmority were not subpoonaed.; that Ohio, transmitting testimony taken by a select committee of the house respectable persons, whose names had been by some gossip implicated. of representative.•:; of Ohio and the report of that committee as to charges in alleged SGandal, were refused an opportunity of testifying; and, fur­ against the official integrity and character of certain members of said ther, that the maj01ity refused to meet as a committee for the purpose house of representatives in connection with the election of Hon. of discussing the evidence or applying any rule to the same whereby a HENRY B. PAYNE as a United States Senator. unanimous report conld be reached. · · Mr. PAYNE. Mr. President, no formal motion is required, I be­ Fourth. The committee after having exonerated, as it was obliged to lieve, to send these papers to the Committee on Privileges and Elec­ do, aU persons charged in the resolution and myself, transmits the hun­ tions. I desire to be considered as making such motion if it is required, dreds of pages of gossip to the Senate.without making any request of and to couple with it :the request that the minority report may take this body. · the same course, a copy of which I submit. The resolution says: . With this formal disposition of the matter I am at present content; For the information of the body of which Senator PAYNE is a member and for but desire to make a short statement to accompany the papers into the such action as it may deem advisable. · hands of the committee. Of course I have no knowledge of the contents of the testimony. The A Democratic caucus for nomination of a candidate for United States members of the house who voted to send it here bad no knowledge; it Senator was convened at Columbus on the evening of January 8, 1884~ having been all taken in secret session by the committee and the house I ·was not in attendance, but without doubt the contest was heated and having voted down the motion to have it printed or read. It must, bitter. The result of the first ballot was as follows: howeYer, be supposed to be fairly represented by the contents of the Booth ...... 1 majority report, which I have read-; and judging from that, I charac­ Pendleton ...... , 15 Ward ...... 17 terize this proceeding-the transmission of the testimony here-as ·an Payne ...... 46 attempt to circulate and give currency to baseless gossip and scandal Being a majority for the successful candidate of 13 over all. after everything substantial in the way of a charge has been discredited The papers submitted embody the results of an investigation into and disproved. this ~nvass, conducted secretly for more than three months by a com­ . I am content to leave the matter with the Committee on Privileges mittee of the house of representatives of the State of Ohio. and Elections for such disposition of it as they may fiJ;ld to be in accord­ The resolution under which the committee was appointed provided ance wit~ dignity and justice. I trust that it will receive early atten­ that- tion and action. I have here, M:r. President, the letter which I wrote to the commit:_ Whereas the Cincinnati Commercial Gazette of date of January 12,1886, con­ tains a printed statement, on the authority of S. K. Donavin, alleging grave te.e, the answer of its chairman, Mr. Cowgill, and the report of the .ebarges against the official integrity and character of certain members of this minority of the committee; and I ask that they may be referred and house • • • so definite and precise in statemt"nt as to call for immediate of action in order to vindicate the r-eputation of members "f this house: djsposed with the other papers by the Committee on Privileges and Resolved, That a. select committee of five be appointed to inquire into all the Elections. !acts of the charges so alleged, &c. · The PRESIDENT pro tempore. If there be no objection the papers 3862 CONGRESSIONAL REOORD-SENATE. APRIL 27, referred to, together with the papers prese~ted by the Senator from ferred the followfng bills, reported them severally without amendment, Ohio, will be printed and referred to the Committee on Privileges and and submitted reports thereon: Elections. That order will be ma.de. · A bill (S.1184) granting a pension to Jane D. Mumford; A bill (S. 2105) granting a pension to Henry B. Very; and , PETITIONS .AND :MEMORIALS. A bill (S. 1660) granting a pension to Samuel E. Tracy. Mr. EDMUNDS presented the petition of Thomas' C. Clark, of Mr. ALDRICH, from the Committee on Pensions, to whom was re­ Peacham, Vt., son of Thomas Clark, deceased,~ Revolutionary soldier, ferred the bill (S. 161) granting a pension to Ann E. Tew, reported it praying for such legislation as will bring him Within the provisions of with an amendment, a:Qd submitted~ report thereon. the Revolutionary pension act; which was referred to the Committee Mr. MORRILL, from the Committee on Finance, to whom was re­ on Revolutionary Claims. · ferred the bill (S. 2015) for the relief of the Chesapeake Bank, of Bal­ Mr. HALE presented a petition of the committee of the American timore, Md., reported adver-ely thereon; and the bill was postponed Association for the Advancement of Science, praying that an appropri­ ~~~~ . ation of $5,000 be placed at the disposal of the Commissioner of .Agri­ He also, from the same committee, to whom was referred the bill (S. culture for investigating the nature of the diseases of fruits, fruit trees, 835) for the relief of the Continental Fire Insurance Company, the Eagle grains, and other useful plants due to parasitic fungi; which was re- Fire Insurance Company, the City Fire Insmance Company, and the ferred to the Qommittee on Appropriations. . Commercial Mutual Insurance Company, all of New York city; the He also presented a petition of the Sisters of Charity of St. Rose In­ Western National Bank, the Merchants' National Bank, and the Mary­ dustrial School, of the District'bf Columbia-, praying that an appropria,­ L·md Fire Insurance Company, of Baltimore, Md., reported adversely tion bema~ to aid in the enlargement of that institution; which was thereon; and the bill was postponed indefinitely. referred to the Conpnittee on Appropriations. · Mr. DAWES, from the Committee on Indian Affairs, to whom wasi·c­ 1\Ir. SEWELL presented ~ petition of Grange No. 16, Patrons of ferred the bill (S. 1862) for the relief of the Omaha tribe of Indians, Husbandry, of New Jersey, praying for such legislation as will afford in the State of Nebraska, reported it with amendments, and submitted protection to the dairy interest of the country; which was referred to a report thereon. . the Committee on Agriculture and Forestry. .Mr. SA. lfYER, from the Committee on Pensions, to whom were re­ He also presented a memorial of Grange No. 16, Patrons of Hus­ ferred the following bills, reported adversely thereon; and they were bandry, of New Jersey, l'emonstrating against the admission free of duty postponed ind~nitely: ofwool and otheragricultura.lrawmaterials; which was referred to the A bill (S. 2230) granting a pension to Mrs. Sarah Young; and Committee on Finance. A bill {8. 1938) for the relief of Herman Banmhager. Mr. SPOONER presented the petition of G. M. Woodward and others, :Mr. SA. WYER, from the Committee on Pensions, to whom were re­ citizens of La Crosse County, Wisconsin, praying for. the enactment of ferred the following bills, reported them severally without amendment, such laws and the making of such appropriations as will enable the and ubmitted reports thereon: National Board of Health to employ all the power and resources of the A bill [H. R. 7519) to increase the pension of Isaac N. Hawkins; Government, which can be so lawfully exercised, in the prevention of A oul· H. R. 5038) for the relief of Stephen Sauer; epidemics, and to prosecute investigations, the results of which tend to A bill H. R. 5937) granting a pension to Sarah Gregg; the improvement and preservation of the public health; which was l'e­ A bill (H. R. 5085) for the relief of Mary Hill; ferred to the Committee on Epidemic Diseases. A bill (H. R. 3287) for the relief of Silas Corzatt; J.fr. J.ULLER presented a memorial of Knights of Labor of Cohoes, ·A bill (H. R. 47S) granting a pension to William Boone; N.Y., remonstrating against the passage of the free-ship bill; which A bill (H. R. 607) granting a pension to Jannet E. B. Smith; was referred to the Committee on Commerce. A bill (H. R. 3741) granting a pension to Emeline Roberts; He also presented a petitionofdairymen and-others, of Pittsfield, N. A bill (H. R. 5655) granting a pension to Elizabeth R. Bell; Y., praying for the passage of Senate bill1837, to prevent the illegal A bill (H. R. 601) granting a pension to Alonzo V. Richards; sale of all imitations of dairy products; which was referred to the Com­ A bill (H. R. 599) granting a pension to Mrs. Honorah Maloney. mittee on Agriculture and Forestry. A bill (H. R. 4977l granting a pension to James N. Hair; 1\ir. P ALM:ER presented the peti_tion of Harry H. Enders and 18 A bill ~H. R. ·6381 granting a. pension to Abel J. Lewis; • others, members of Ge<;>rge B. McClellan Post, Grand Army of the Re­ A bill H. R. 3321 for ;the l'elief of Samuel C. Fisher; public, No. 332, DepartmentofJ\IIichlgan, prayingforincreaseofpensions A bill H. R. 1252) granting a pension to Eugenia A. Smalley; to ex-Union soldiers, &c.; which was referred to the Committee on Pen­ A bill (H. R. 556) granting a pension to Bridget Sherlock; sions. A bill (S. 864) to grant a pension to Mrs. Martha F. Woodrum; Mr. CONGER presented a memorial of Knights of Labor of Marys­ A bill (S. 2149) granting aR increase of pension to Herman Baum- ville, Mich., remonstrating against .the passage of the free-ship bill; hager; which was referred to the Committee on Commerce. A-bill (S. 1582) for the relief of Alpheus R: French; Mr. TELLER presented a memorial of Knights of Labor of Denver, A bill (S. 2113) granting a pension to Mrs. Sarah Young; Colo., remonstrating a.,aainst the passage of the free-ship bill; which A bill (S. 1958) granting an increase of pension to Addison A. Jack- .was referred to the Cemmittee on Commerce. son· Abill (S. 1826) granting a pension to Adrew J. Burrell; REPORTS OF COIDIITTEES. A bill (S. 1825) granting a pension to Elizabeth Forgey; Mr. SEWELL. I am instructed by the Committee on Military Af­ A bill (S. 1642) granting a pension to WilliaiQ. F. Harmon; fairs, to whom was referred petitions of the National Cotton Exchange A bill (S. 1768) granting a pen ion to J.ohn D. Fincher; of Norfolk and Portsmouth, Va., in relation to increased appropriations A bill (S. 1654) granting a pension to Joseph Mays; for additional cotton stations for observations of the Signal Service, to A bill (S. 2151) to pension Bartold Thebant, a soldier in the Florida re,Port the same back to the Senate. From a communication of the Seminole Indian war of 1849 and 1850; Secretary of War, it appears that these a_ppropriations have been esti­ A bill (S. 1852) granting a pension to Mrs. Jane R. McQuaide; mated for in the estimatea of the Department, and I ask that the Com­ A bill (S: 1853) granting a pension to Isabella Jessup; mittee on Military Affairs be discharged from the further consideration A bill (S. 1817) for the relief of John McKernan; of the petitions, and that they be referred to the Committee on Appro­ A bill (S. 1635) granting a pension to John Rasler; priations. A bill (S. 1421) granting a pension to William H. Wea>er; The l'eport was agreed to. . A bill (S. 1779l for the relief of J obn P. Taylor; Mr. SEWELL, from the Committee on Pensions, to who~ were re­ A bill S. 1626 granting a pension to John Reed, sr.; ferred the following bills, reported them severally without amendment, A bill S. 1783 granting an increase of pension to George Bliss; and submitted reports thereon: A bill S. 1627) granting a pension to 1\frs. l\1. C. Miles; A bill (H. R. 4.905) granting a pension to Aaron C. J!lhnson; A bill S. 1673) granting a pension to Charles G. Paris; A bill (H. R. 1106) granting a pension to Mary B. Carll; A bill S. 2160) granting a pension to Mary J. Hagerman; A bill (H. R. 4903) granting a pension to Christian Smarzo; A bill S. 2147l granting a pension to George Faulk; A bill (H. R. 3141) granting a pension to Polly Hall; A bill (S. 2009 granting a pension to David A. Ireland; . A bill (H. R. 3546) granting a pension to Aman~ Housell; A bill (S. 1960 granting a pension to James W. McCro key; and A bill (H. R. 3753) granting a pension to John D. James; A bill (S. 2028) granting a pension to E. S. Bishop. A bill (H. R. ~78) granting_ an increase of pension to Alonzo May- Mr. SAWYER, from the Committee on Pensions, to whom was re­ nard; ferred the petition of Sons of Veterans of Beaver FaDs, Pa., praying for A bill (H. R. 4134) for the l'elief of M:argaret Callanan; the passage of an act granting a pension to Elizabeth SirweD, submitted A bill (H. R. 4884) granting a pension to Rose A. McManus; a report thereon, accompanied by a bill (S. 2253) granting a pension to A bill (H. R. 4586) for the relief of Nathan Hildabrant; and Elizabeth Sirwell; which was read twi~ by its title. A bill (H. R. 2070) granting a pension to William Paugh. He also, from the same committee, to whom was referred the petition 1\fr. SEWELL, from the Committee on Pensions, to whom was re­ of ~Iary Ton Kusserow, ·praying to be allowed an increase of pension, ferred the bill (S. 722) for increase of pension to :Mrs. Ellen M. Boggs, submitted a report tltereon, accompanied by a bill (S. 2254) granting an reported it with an amendment, and submitted a report-thereon. increase of pension to 1\Irs. Mary von Kuss&ow; which was read twice 1t!r. ALDRICH, from tJ;te Committee on Pensions, to whom were re- by its title. · . · 1886. CONGRESSIONAL RECORD-SENATE. 3863

to employ an assistant cler"k, for the residue of this present session of the Senate lie also from the same committee, to whom was referred the petition only, at a. salary of$8per day; and that the Secretary of the Senate be, and !J.e of citizen~ of Indi~, praying that a pension be granted to Patrick Fin­ hereby is authorized and directed to pay the said salary out of the appropria­ agan, submitted a report thereon, accompanied by a bill (S. 2255) grant­ tion for ~iscellaneous items of the contingent fund of the Senate. ing a pension to Patrick Finagan; which was read twice by its title. 1\Ir. EDMUNDS. Ordinarily I should. ask unanimous consent to J\.Ir. DOLPH, from the Committee on Claims, to whom were. referred consider the resolution at this time, butas I have always thought that the following bills, submitted adverse .repo~ thereon, which were such resolutions ought to go, as the rules provide, to the Commi~ee on aareed to; and the bills were postponed mdefinitely; Contingent Expenses~ I shall ask that refe~ence. However, I msh to "'A bill (S. 1764) for the relief of Washington Wright ~nd Simon Basye, say to that committee, as I may not have trme to see them personally, surviving trustees of Shiloh Baptist church at Fredencksburg, Va.; that the business, at this particular session, of our committee is unusu­ A bill (S-.1517) for the relief of Elizabeth E. Sinclair; and ally large, there being more than one hundred and fifty or one hundred A bill (8. 507) for the relief of Mrs. Amy M. Rogers. and sixty bil.Ls and other legislative subjects sent to it at the present Mr. DOLPH, from the Committee on Claims, to whom was referred session and a very large number of other subjects, much larger than the bill (S4 1094) for the relief of Thomas A. McLaughlin, reported it ever before, to which I can not otherwise refer than in a general way; with an amendment, and submitted a report thereon. . and we think it essential to the public interest to have additional as­ :Mr. COLQUITT, from the Committee on Pensions whom were .re­ 1 to sistance. Although ordinarily I should ask for the present considera­ ferred the following bills, submitted adverse reports thereon, which tion of the resolution, I think it better that it should go to the Com­ were agreed to; and the bills were postponed indefinitely: mittee on Contingent Expenses for consideration. A bill (S. 790) granting a pension to Jesse C. Osgood; and The PRESIDENT pro tempore. The resolution will be referred to A bill (S. 781) granting a pension to John T. Sayers. the Committee to Audit and Control the Contingent Expenses of th~ Mr. HAMPTON, from the Committee on Military Affairs, to whom Senate under the rule. was referred the bill (S. 1411) granting to the Hanson and Atlantic Beach Railway Company the right of way through the military reser­ EXTENSION OF EXECUTIVE MANSION. vations at Saint .Augustine, State of Florida, submitted an adverse re­ Mr. MORRILL. I move that the Senate proceed to the consideration port thereon, which was agreed to; and the bill was indefinitely post­ of the bill (S. 1868) providing for an extension of the Executive Mansion. poned. Mr. McMILLAN. I gave notice on Thursday last that at the con­ Mr. BLAIR, from the Committee on Pensions, to whom was referred clusion of routine business this morning I should ask the Senate to take the bill (S. 14.93) for the relief of Col. Jesse H. Strickland, reported it up the bridge bills reported from the Committee on Commerce. ~ow­ with amendments, and submitted a report thereon. · ever, if the bill of the Senator from Vermont will not take much time I He also, from the same committee, to whom were referred the follow­ may yield for that. ing bills, reported them se>erally without amendment, and submitted 1\Ir. MORRILL. It will take but a short time tO dispose of the bill. reports thereon: Mr. McMILLAN. I will yield for the present. . A bill (S. 1112) granting a pension to Phcebe H. Meech; and The PRESIDENT pro tem,pore. The question is on agreeing to tlie A bill (S. 2159) granting a pension to Mrs. Almira Ambler. motion of the Senator from Vermont. Ur. GEORGE, from the Committee on the Judidary, to whom was The motion was agreed to; and the Senate, as in Committee of the referred the bill (S. 2152) to amend chapter 218 of the acts of the first Whole, proceeded to consider the bill (S. 1868) providing for an exten­ session of the Forty-seventh Congress, approved June 15, 1882, reported sion of the Executive Mansion. It proposes to appropriate$300,000 for it with an amendment, and submitted a report thereon. · the purpose of erecting an extension of the Executive Mansion on the Mr. PIKE, from the Committee on Claims, to whom was referred the south of the present structure, of equal and similar exte..rior character, bill (S. 437) for the relief of the legal representatives of Maj. Matthew and conneeted therewith by a corridor, substantially in accordance with Smith, asked to be discharged from its further consideration, and that the plan on file in the room of the Committee on Public Buildings and it be referred to the Committee on Public Lands; which was agreed to. .Grounds, with such modifications as may be approved by the commis­ sion hereinafter provided. BILLS INTRODUCED. Section 2 directs that the sum shall be expended under the direction Mr. GRAY introduced a bill (S. 2256) to create a port of delivery at of a commission, consisting of the President of the United States, the Lewes, Del; which was :cead twice by its title, and referred to the Com­ Secretary of the Treasury, and the Secretary of the Interior. who shall mittee on Commerce. have authority to select the best and most suitable material to be used Mr. CONGER introduced a bill (S. 22<>1) granting a pension to Mrs. in the coustrnction of the extension ag aforesaid, and to make contracts, Janet L. P. Taylor; which was read twice by its title, and, with the so far as may be deemed expedient, for its completion. accompanying papers, referred to the Committee on Pensions. Mr. MORRILL. I will merely say that a similar bill passed four Mr. HALE introduced a bill (S. 2258) to increase the pension of years ago unanimously with no negative vote, and the necessity for it is James E. Gott; which was read twice by its title, and, with the accom­ certainly as great now as it was then. Those who are familiar with the panying papers, referred to the ~mmittee on Pensions. house know that the President has but six rool_IlS outside of the brea.k­ Mr. HARRIS introduced a bill (S. 2259) to increase the pension of f~t room for his own use; that the servants of the Mansion have to go Thomas Chapman; which was read twice by its title, and, with the ac­ outtofindlodging; and thatthelowerpartofthe building is unhealthy, companying papers, referred to the Committee on Pensions. not properly drained. I may say that the bill receives the approval ot Mr. P .ALMER (by request) introduced a bill (S. 2260) for the relief the Executive now as it did four years ago. of Mary Swift; which was read twice by its title, and, with the accom­ Mr. HAWLEY. I am not quite ready to vote for the b~ll. I ac­ panying papers, referred to the Committee on Pensions. knowledge that the present condition of the Executive J\.Iansion is un­ Mr. JONES, of Arkansas, introduced a bill (S. 2261) for the relief of satisfactory; the President is being pushed farther and further west­ R. R. Tinsley and Mlss Eula E. Henry; which was read twice by its ward in the upper story, and but a fraction of the tmildingreallyis left title, and referred to the Committee on Post-Offices ancl Post-Roads. for private uses; but I should be very sorry to see that building turned Mr. ALLISON inh·odnced a bill (S. 2262) to authorize the construc­ into a mere collection of offices adapted merely to business purposes tion of a railroad, wagon, and foot-passenger bridge acroEs the Missis­ because of the historical associations connected with it, and because I sippi River at or near Dubuque, in the State of Iowa; which was read think the building as it is is a very creditable one indeed. So far as the twice by its title, and refeued to the Committee on Commerce. · criticism is made against it, that it is not well underdrained, I think Mr. MILLER introduced a bill (S. 2263) granting a pension to Col. that can be very easily corrected. I supposed the evils there had been James H. Blood; which was read twice by its title, and referred to the remedied; certainly a remedy is within easy reach anyhow. Committee on Pensions. It is perfectly apparent that the business of the President ought to He also introduced a bill (S. 2264) to increase the appropriation for be done outside ofthat building; but I would muchrathermyselfvote the erection of a public building at Troy, N.Y.; which was read twice for a proposition to erect a building of reasonable size and co:avenient by its title, and referred to the Committee on Public Buildings and arrangement just west of the Exec-qtive Mansion an.d upon Sixteen-and­ Grounds. ' a-half street, if that be the right number, which separates the gronnds M.ARIE HOLLANDS. of the Executive Mansion from the State, War, and Navy building­ On motion of Mr. SAWYER, it was easily accessible upon that street to the public who come to the Presi­ Orde•·ed, That the Secretary request the House of Representatives to return to dent for business purposes and easily accessible from th~ White House the Senate the bill (S. 1586) granting a pension to Marie Hollands. for the President and his subordinates. I think that would be much COIDUTTEE SERVICE. better than to attempt to duplicate the building south of the Execu­ Mr. BECK submitted the following resolution; which was consid­ tive Mansion. Then the present mansion would be left entirely to the ered by unanimous consent, and agreed to: Executive, which would be then sufficient, n.s I have always been told, if they could have the entire possession and control of it. Resolved, That WASHINGTO~ C. WHITTHOR!<.""E be, and he hereby is, appointed a member of the Committee on Claims, the Committee on Pensions, and the Com­ Mr. MORRILL. Of course the Senator from Connecticut is entitled mittee ou the Tenth Census; and that he be appointed a member of the Com­ to his opinion. I can not think, however, that he bas so thoroughly mittee on Na.val.A.ffa.irs, to sen·e in .the place of Mr. CHA.RLES ,V. JoYES during investigated this subject as it has been investigated from time to time his present tempopuy absence from the Senate. by the Committee on Public Buildings and Grounds, who are unani­ ADDITIONAL CLERK TO THE JUDICIARY COl\IMITTEE. mously in favorofthe bill; and so far as it has been submitted to mem­ Mr. EDMUNDS submitted the following resolution; which was read; bers of the Senate it bas recei>ed almost the entire approval of the Resolved, That the Committee on the Judiciary be, and it hereby is, authorized Senate. ' · 3864 CONGRESSIONAL RECORD-SENATE. APRIL 27,

The building as it now stands will not be touched; it will re:rrcin to thorized and directed to add a third story to the public building in the city of Dallas, Tex. · . be occupied mainly for executive purposes. Of course the East Rdom SEC. 2. That for the purpose named in the preceding section there be, and will remain for receptions, and the large, long corridor connecting with hereby is, appropriated the sum of$25,000, out of any moneys in the Treasury not the southern buildfug, of the same style precisely, will afford almost as otherwise appropriated. much room for persons who are at. public reception& as even "the East The bill was reported to the Senate without amendment, ordered to Room and the present corridor. a third reading, read the third time, and passed. . I may say that it is unjust to any President we may have that he should be confined to this single building, not able to retire when the WILL.AMETTE RIVER BRIDGE. hours of business close, but he is there from half past 9 o'clock fre­ Mr. McMILLAN. I ask the Senate to proceed to the consideration quently untilll .o'clock before he can get rid of all of his visitors. It of Order of Business 697, being the bill (S. 1937) authorizing the city does seem to me that it is time tluj.t something should be done. of Salem to construct a bridge across the Willamette River, in the State The idea of buying a new site and building a residence for the Presi­ of Oregon. dent right alongside of the present Executive :Mansion I do not think The Senate, as in Committee of the Whole, proceeded to consider the will meet the approval of anybody except the Senator who has sug­ bill. gested it. The bill was reported to the Senate without amendment, ordered to Mr. H.A WLEY. The Senator entirely misunderstands me. I never be engrossed for a third reading, read the third time, and passed. suggested buying another foot of ground. I wish that the President MISSOURI RIVER BRIDGE NEAR KANSAS CrrY. may have the entire occupancy for private purposes of the present build­ ing, and that the public offices shall be turned out, an!} a building, which The bill (H.~· 1360) to authorize the construction of a bridge across need not be a large one to accommodate them, be erected just west of the Missouri River at some aecessible point within 10 miles below and the present building, on what is public ground upon Sixteen-and-a-half 5 miles above the city of Kansas Qity, :Mo., was considered as in Com- · street, within 75 feet, or 150 possibly, or 200 feet i~ may be, of the pres­ mittee of the Whole. · - ent building, which would be perfectly accessible to the public for busi­ The bill was reported to the Senate without amendment, ordered to ness purposes, and leave them no excuse for crowding him in his pri- a third reading, read the third time, and passed. · vate mansion. · 1\IISSISSIPPI RIVER BRIDGE NE.A..R COUNCIL BLUFFS. The bill was reported to the Senate without amendment, ordered to be engrossed for a third reading, read the third time, and passed. · The bill (H. R. 3369) authorizing the construction of a bridge across the ltfissouri River at or near the city of Council Blu.ffs, Iowa, and for CONSIDERATION OF BRIDGE BILL. other purposes, was considered as in Committee of the Whole. Ur. :McMILLAN. According to the notice which I gave I ask the The PRESIDENT pto tempore. The Chait: calls the attention of the Senate now to proceed to the consideration of the bridge bills on the Senator from Minnesota to an error in the biH. In section 3, at the end Calendar reported from the Committee on Commerce. of line 3! the bill reads: "that a bridge built to such plan." The PRESIDENT pro tempore. The Senator from :Minnesota asks Mr. McMILLAN. It should read, "according to such plan," I pre­ that the Senate proceed to the consideration of bills providing for the sume. erection of bridges, reported from the Committee on Commerce. Is there Mr. ALLISON. It should be, "built on such plan." objection? The Chair hears none; and the first bill of that character on Mr. McMILLAN.. This is a House bill, and there is evidently a mis­ the Calendar will be announced. print there. Let the bill be corrected according to the engrossed bill ROUND V.ALLEY INDIAN RESERVATION. The PRESIDENT pro tempore. It will be corrected according to the House engrossed bill. . Mr. D.A WES. Will the Senator from Minnesota yield to me for a The bill waS reported to the Senate without amendment, ordered to moment? a third reading, read the th,ird time, and passed. Mr. McMILLAN._ I will yield if it will not lead to discussion. Mr. DAWES. I will make a statement. There is a bill upon the 11118SOURI RIVER BRIDGE. Calendar which, if it does not lead to any discussion, I ask the Senate The Senate, as in Committee of the Whole, proceeded to consider the · to lay aside the pending order temporarily and let it be acted upon. It bill (H. R. 4569) to authorize the collio""'trnction of a bridge across the is a bill from the Committee on Indian Affairs. I have received infor­ Missouri River at a point to be selected either in the counties of Clay mation from the Interior Department that it is highly necessary that and Jackson, in the State of Missouri, orin the county of Clay or Platte, the bill_should be acted upon. Indian business is fixed for a particular in said State, and the co~nty of Wyandotte, in the State of Kansas, day elsewhere, and unless the bill goes thro~gh then it will lose all and to make the same a post-route. possibility of action at this session of Congress. If it causes any de­ Mr. .ALLISON. I find in section 4, beginning in line 4, the follow­ bate! shall withdraw it instantly. It is Order of Business219, reported ing language: by the Senator from Alabama [Mr. MoRGAN], but he requested me to Upon which also no higher charge shall 9e made for the transmission over call it up~ the same of the mails, the troops, and the munitionsofwa.rofthe United States, Mr. McMILLAN. If it will not lead to discussion I yield for that or for passengers and freight passing over said bridge, than the rnte per mile paid for the transportation over the railroads or public highways leading to said purpose. bridge. · ·Mr. DAWES. If it gives rise to discussion I will withdraw it. I desire to ask the Senator from Minnesota whether he understands The PRESIDENT pro tempore. The SenatQr from Massachusetts asks that the parties constructing this bridge will be obliged to do it as a unanimous consent that pending the execution of the order in regard to partoftheirrailway, charging no more for passengers and freight per mile the bridge bills the bill indicated by him shall be considered. than they are allowed to charge upon any other mile of their railroad. Mr. McMILLAN. I reserve the right to object if it leads to discus- These bridges are generally expensive structures. I merely ask with sion. a view of ascertaining the character of this bridge when constructed. Mr. DAWES. I am subject to the Senator's demand, :Mr. . McMILLAN. I suppose the construction of the bill would be The PRESIDENT pro tempore. The bill will be stated. The CHIEF CLERK. A bill (S. 1101) to provide for allotments of a matter of judicial determination. By tbe language here used I sup­ pos~ this bridge would be a part of the entire route of the ro:.d. lands in severalty to the Indians residing upon the Round Valley res­ Ur. ALLISON. Ancl the company can make no special or. separate ervation, in the State of California, and granting patents therefor, and charge for the use of this bridge? for other purposes. · Mr.McMILLAN. I presume that would be so. By unanimous consent the Senat.e, as in Committee of the Whole, proceeded to consider· the bill. Mr. .ALLISON. Then I desire to ask the Senator what is to be un­ The bill was reported to the Senate without amendment, ordered to derstood by section 6,-which provides- That all railroad companies desiring the use of said bridge sha.U have and be engro&ed for a third reading, read the third time, and passed. be entitled to equal rights and privileges relative to the passage of rail way tJ·ai ns or cars over the same, and over the approaches thereto, upon p ayll;) ent of o. PUBLIC BUILDING IN DALLAS, TEX. reasonable compensation for such use; and in case the owner or owners of sa id lli. :MAXEY. I ask the Senator from Minnesota to yield for one bridge and the several railroad companies, or any one of them, desiring s uch use, shall fail to agree upon the sum or sums to be paid, and upon rules and moment longer. I desire to call up Hou8e bill2410, which will cause conditions to which ea-ch shall conform in using said bridge, all ma tters nt issue no discussion w hatevcr. It is simply to place a. third story on a public between them shall be decided by the SecreU\ry of 'Var upon a hearing of the building now in the course of. construction, and the work has been allegations and proofs of the parties: Provided, That the provisions of sec tion 4 in regard to charges for passengers and freigh~ aero s said bridge shall not­ stopped until the passage of this bill. It is imperative to have it done. govern the Secretary of War in determining any question arising as to the sum Mr. McMILLAN. If it will not take any time I do not object. or sums to be paid to the owners of said bridge_by said companies for the u·se of Mr. :MAXEY. It will not take two minutes to pass it, if the Sena­ said bridge. . tor will give me that time. Those seem to me to be two clearly inconsistent provisions. The PRESIDENT p1·o tempore. The Senator from Texas asks unani­ Mr. McMILLAN.· No; that refers entirely to an agreement between mous consent to proceed to the consideration of the bill (H. R. 2410) separate companies, where one company desires to use the bridge erected for the addition of a third story to the public building in Dallas, Tex. by another company. This proviso, of course, qualifies the 1·ule as to If there be no objection the bill is before the Senate as in Committee arriving at the agreement between the two railroad companies. The of the Whole, and will be read. other provision refers to the chargesJor freight and passengers. The bill was read, as follows: . Mr. .ALLISON. That is to say, the railroad company building the Be it enactecl, &c., That the Secretary of the Treo.sury be, and hereby is, au- bridge is bound to ·carry freight nud passengers at one rate and any 1886. CONGRESSIONAL ~RECOR.D-SENATE. 3865

other company requiring the use of the bridge shall be obliged to pay at such times as it may be dangerous t.o attempt the passage of the draw-op~n­ ing under headway. That all draw or pivot spans authorized by this act shall a different rate. be operated by steam or other reliable mechanical power, and shall be opened Mr. McUILLA No, sir; in this section the first provision referred promptly upon reasonable signal for the passage of boats, except when trains to is applicable to the railroads crossing the bridge, and applies to con~ are passing over said span or spans ; but in no case shall unnecessary delay oc­ cur in opening said draw after the passage of trains; and in case the opening tracts, as I understand it, between the railroad companies respectively-, of a draw be delayed by t;eason of tlie passing of a train after the signal bas been and their freighters or passe11gers. The other provision refers to the given from a boat ready to pass through, the draw shall be opened for the pas­ agreement between the railroad company owning the bridge and any sage of such boat before anot-her train is allowed to pass over the bridge. Thali the piers of all high channel-spans and all pivot-spans shall be built parallel other company desiring to pass over it. with the current of the river at that stage of water which is most important for 1\fr. ALLISON. I understand that. . . navigat-ion; and riprapping, or other protection for imperfect foundations which Mr. McMILLAN. The Secretary of War is not bound in that case will materially lessen the water way, shall not be employed in the channel ways of the high spans or of the draw-openings, and piers which will produce to permit the railroad company applying to cross the bridge to pay cross-currentn or bars dangerous to navigation shall not be constructed; and if, merely the rates that passengers and freight on the railroad pay. after construction, any piers or protection walls are found to produce the above­ Mr. ALLISON. He may exact from other companies a higher rate mentioned effects, the nuisance shall be abated or corrected by or at the ex· pense of the persons owning said bridge. '!'hat in case the approaches to draw· than this company is authorized to receive from the public? span openings, channel-spans, or ra.fl:,.passages in said bridge be found dangerous Mr. McMILLAN. In determining what the company applying to or' difficult of access by any important class of river traffic, the Secretary of War use the bridge shall pay he is not restricted to the rates of freight shall order the construction of such sheer-booms, guide-piers, or other similar device as will obviate the difficulty, which sheer-boom, guide-pier, or other de­ charged for passing over the bridge or on the entire route. vice shall be paid for by the persons owning said bridge. That the persons own­ - Mr. ALLISON. I want to understand the principle upon which ing, controlling, or operating the bridge authorized by this act shall maintain, these two provisions rest. It seems where a raih·oad company builds at their own expense, from sunset to sunrise, throughout the year, and during heavy fogs, such lights or other signals as the Light-House Board shall pre­ a bridge across a navigable river; which we suppose to be more expen­ scribe, al)d shall, in case a. high bridge be constructed, during the season of nav­ sive than any ordinary portion of its railroad; this provision restricts it igation, have posted in a conspicuous place on or near the bridge the clear from charging for the use of that bridge any more than it charges for head-room under the channel-span on that day, the figures expressing this height to be not less than 2 feet high, and to be readily visible from any point any other mile or portion of its road. Then th~ sixth section appears, in the channel of the river for a stretch of 3,000 feet above o.nd 1,000 feet below and authorizes any other railway to pass over that bridge upon an ex­ the bridge. · act equality with the railroad company that built it, and of course in The amendment was agreed to. . doing so it must charge only the same price charged by the railroad The next amendment was, at the end of section [5] 6, to insert: company constructing the bridge. It seems to me these are two incon­ .And in case of any litigation arising from any obstruction or alleged obstruc­ • sistent provisions. tion to the free navigation of said river caused or alleged to be caused by said Mr. McMILLAN. No, they are not inconsistent, because one applies bridge, suit may be brought in the circui~ courts of the United States of Mis­ to the rate of freight as between a railroad company and its customers, souri or Kansas in whose jurisdiction any portion of said bridge may be located. and the other relates to ari agreement between two companies desiring The amendment was agreed to. · to use the same bridge, and the SecretaryofWaris notrestricted, inde­ The/next amendment was; to strike out section 6, as follows: termining what one company shall pay to another which owns the bridge, SEC. 6. That the right-to alter or amend this act so as to prevent or remove all material obstructions to the navigation of said river by the construction of . to the J!l.te for passengers and freight. . bridges is hereby expressly reserved. Mr. ALLISON. Then I understand it is the purpose of the sixth section to allow the railroad company constructing the bridge to cJ?arge And to insert in lieu thereof:· SEc. 7. That the right to alter, amend,or repeal this act is hereby expressly re­ a higher price for its use than the public pay. served; and the right to require any changes in said structure, or its entire re· 1\Ir. McMILLAN. The Senator, perhaps, .does not put it in exactly moval, at the expense of the owners thereof, whenever Congress shall- decide the way that the bill does. The bill provides that in determining the that the public in tere,t requires it, is also expressly reserved. amount to be paid, where one company desires to use the railroad bridge · The amendment was agreed tQ. of another, the Secretary of War shall not be restricted to the ordinary The bill was reported to the Senate as amended, and the amendments rate of freight on the line of the road. were concurred in. Mr. ALLISON. Well, that is the substance of what I s..1.id. The amendments were ordered to be engrossed and the bill to be read The bill was reported to the Senate without amendment, ordered to a a third time. . third reading, read the third time, and passed. The bill was l"ead the third time, and passed. MISSOURI RIVER BRIDGE NEAR ATCHISON. MISSOURI RIVER BRIDGE AT CH.A.MBERL.A.IN. The Senate, as in Committee of the Whole, proceeded to consider the The bill (H. R. 7651) to authorizetheChicago, Milwaukee and Saint bill (H. R. 6013) to authorize the construction ofa bridge-across the Paul Railway Company to construct, operate, and maintain a bridge Missouri River atsomeaccessiblepointwithin 2 miles north and 2miles across the Missouri River near or in the vicinity of Chamberlain, in the south of the city of Atchison, in the county of Atchison, in the State Territory of Dakota, was considered as in Committee of. the Whole. of KanSas. The bill was reported to the Senate without amendment, ordered to • The bill was reported to the Senate witho~t amendment, ordered to a third reading, read the third time, and passed. a third reading, read the third time, and passed. SAINT CROIX RIVER BRIDGE. MISSOURI RIVER BRIDGE AT SALL."iE CITY. The bill (H. R. 2993) t<> authorize the Chicago, Freeport and Sain.t The Senate, as in CommHtee of the Whole, proceeded to consider the Paul Railroad Company to construct a bridge across the Saint Croix bill (H. R. 5685) to authorize the construction of a bridge over the River (or lake) at any accessible point between Prescott, Wis., and Missouri River at the most accessible point in Saline City, or within 5 Still water, Minn., was considered as in Committee of the Whole. miles above or 5 miles below the same: in the county of Saline, in the The bill was reported to:the Senate without amendment, ordered to State of :Missouri. . · a third reading, read the third time, and passed. The bill was reported to the Senate without amendllent, ordered to a third reading, read the third time, and passed. ORDER OF BUSINESS. HARRIS MISSOURI RIVER BRIDGE AT SAINT CHARLES. . The PRESIDING OFFICER (Mr. in the chair). The hour of 2 o'clock having arrived, the Chair lays before the Senate the unfin· The Senate, as in Committee of the Whole, proceeded to consider the ished business of yesterday, being th~ bill (S. 1532) to regulate com­ bill (H. R. 5684) to authorize the construction of a bridge over the merce. Missouri River at the most accessible point between the mouth of the M.r. 1\IcMILLAN. I ask the Senator from illinois if he will not per· Femme Osage Creek and a point 2 Jlliles above the city of Saint Charles, mit this bill to be laid aside informally that we may proceed with the in the county of Saint Charles: in the._Stat-e of Missouri. execution of the order of the Senate for the passage of tl;le bridge bills? The Dill was reported to the Senate without amendment, ~rdered to The PRESIDING OFFICER. The Senator from Jl.finneso~ asks a third reading, read the third time, and passed. - unanimous consent that the regular order be laid aside informally in MISSOURI RIVER BRIDGE AT SAINT JOSEPH. order that the bridge bills may be proceeded with. The Senate, as in Committee of the Whole, proceeded to consider the Mr. CULLOM. I think no member of the Senate can say that I have been disposed to be factious in opposing anything that anybody desired bill (U. R. 41) to authorize the construction of a bridge a~oss the l\Iissouri River at or near the city of Saint Joseph, in the State of Mis­ in connection with legislation, but I must object to an interference with souri, and to establish it as a post-road. the right of way that the interstate-commerce bill has, in the hope that The bill was reported from the Committee on Commerce with amend­ we may get it out of the way very soon. The Senator from Minnesota, · ments. I have no doubt, will be able to fini..Jh his bills to-morrow morning in The first amendment was, after section 2, to insert the following the morning hour. additional section: l\Ir. McMILLAN. 1\Ir. President- The PRESIDING OFFICER. T.bc Chair will suggest to the Sena· SEc. 3. That in case said bridge be constructed as a low bridge, there shall be at least one protec~ion-pier of masonry, crib-work or piling, extending from the tor from Minnesota that there is a Senate bill on the same subject as upper end of a pivot-pier or one of the rest-piers of a draw-span, up stream, for the House bill just passed, which had better be postponed indefinitely. o. distance of not less than 500 feet from the center line of the bridge, or such other distance as may be determined by the Secretary of War, which protection­ The title of the Senate bill will be read. pier shall be properly arranged with ring-bolts and fender-planking so as to en­ The CHIEF CLERK. "A bill (S. 576) to authoiize the Chicago, Free­ able boats to tie up alongside of it and drop down through the draw-openings port and Saint Paul Railroad Company to construct a. bridge across th~ '-

3866 CONGRESSIONAL· RECORD-SENATE; APRIL 27,

Saint Croix River (or lake) at any accessible point between Prescott, INTERSTATE COl\11\IERCE. Wis., and TaylOT's Falls~ Minn." The Senate, as in Committee of the Whole, resumed the considera~ Tbe PRESIDING OFFICER. The order will be made to postpone tion of the bill (S. 1532) to regulate commerce. • ~ that bill indefurltely if there be no objection. The Chair hears none. The PRESIDING OFFICER. The question is on the amendment · Mr. :P.Iol\fU,I.AN. The bills remaining on the Calendar authoriz­ of the Senator from West Virginia [Mr. CAMDE~]. It will be stated. ing the construction of bridges, reported by the Committee on Com­ The CHIEF CLERK. The proposed amendment is, in section 4, line merce, are all House bills. I think about an hour would be sufficient 5, after the word ''direction,'' to strike out ''and from the same original to ruspose of what remain, and I therefore ask the unanimous consent point of departure." of the Senate that I may be permittoo .to proceed to-morrow morning Mr. CAMDEN. I ask for the yeas and nays on that amendment. after the conclusion of the morning business to the disposition ·of these The yeas and nays were ordered. bills. " Mr. CAMDEN. Let the clause be read as it will stand if amended. The PRESIDING OFFICER. The Senator from :Minnesota asks The Chief Clerk read as follows: urum.imous consent of the Senate that to-morrow, immediately after the SEc. 4. That it shall be unhwful for any common carrier to charge or receive conclusion of the routine morning business, the House bridge bills fa- any greater compensation in the aggregate for the t!'ansportation of passengers vorablv reported may be proceeded with. . or property subject to the provisions of this act for a shorter than for a longer Mr. ·:P.IcMILLAN. The bridge bills on the Calendar. There may be dis tan~e oYer the same line, in the same direction. • a Senate bill among.them; I do not know. . Ur. CkM:DEN. Before the vote is taken I wish to say a word: In The PRESIDING OFFICER. Is there objection to the request? order that my ame11dments may be properly understood, having offered l'rir. MITCHELL, of Oregon. I gave notice yesterday that this morn­ two amendments to the fourth· section of the pending bill covering i.tig after the morning business was disposed of I shonld ask the Senate pretty much the same ground, I will explain that the fourth section as it to take from the table a certain memorial, presented by the Se~ator from stands in the bill is made up of two provisions: First, limiting the pro­ New York some days ago, with a view. of submitting a few remarks and vision to prevent charging more for a short than for a longer haul in then moving its reference. I gave way to the Senator from Minnesot.'ll the same direction "to the original point of departure;" and, second, this morning, who has passed quite a number of bills. I must there­ the proviso giving to the commission to be appointed discretion to vary fore ask the Senator to indulge me a short time to-morrow before he the application ofthe rule. t.

on the other side of the water if they need them, is a short-sighted sys­ was the purpose of the committee to make the rules specifying excep­ tem that we ought not to advocate here. · tions to the short-haul provision permanent, whether it was the purpose I appeal to Senators to look to the main proposition, that. it is not of the committee to make that rule the law until repe.aled by Congress, :::imply a question of whether Tom Jones can get his corn to market in or whether it should simply be the rule until the commission changed Springfield or any other town in illinois, and thence to Chicago, as it from time to time when it saw proper. I say the committee had no nheaply per mile as the corn of Chicago can go to Boston, but it is a purpose whatever of incorporating any provision in that section or' any­ question of what the general policy shall be in order to encourage com- where else which would authorize the commission to make laws, but merce all over this land. . · simply to make a rule governing the subject, liable to change by the Now, let us go a little further. Take Mr. Russell, of Boston, for in­ commission whenever in its judgment it saw proper to make a; change. stance. Let us see how this long and short haul principle will operate Am I not right in that? ' - in Massachusetts in his judgment. The Senator from New York, in Mr. HARRIS. Clearly so, as I think. behalf of the committee, asked him this question: Mr. CULLOM. If the section is at all doubtful, I shall be glad to Senator 1tliLLER. How would a Federal law prohibiting the charging as have the Senator from Vermont or anyoneelsesuggestaproperamend- inuch for a short haul as for a long haul affect Boston? In other words, a law ment. · stating that a rai.IIoad should not charge as much for 900 miles as for 100? Now let us look a little further, :Mr. President. Take the testimony Mr. Russell is the-chairman of the railroad commission of the State of M:r. Randolph, of Chicago, who for very many years was the sec­ of Massachussetts, a gentleman who is perhaps as well informed upon retary of the board of trade of that city and a gentleman of very high t.hese questions and who has given as much thought and attention to intelligence and study on this subject. I shall read but briefly from them as almost any other. man that I have met in this country. Mr. any of these gentlemen. Mr. Randolph said: Russell said: I In the above view of tbe case, and for other reasons bearing i"n the. same di­ Mr. RussELL. It would injure Boston very seriou.sly. I suppose we would try rection, I feel confident that it would be a public calamity to prohibit any rail­ to live. We still have one advantage. We a.re twenty-four hours nearer En­ way line, whether engaged in interstate or only in State transportation, from gland. That gives an advantage, especially in the export of live animals. charging a greater I'&te per mile or even a greate1· rate irrespective of mileage Senator MILLER. Why should not the ports along the seaboard which are for a short than for a long haul; but in no case should a rate for a short distance nearer the great fields of the West, like New York, Philndelphia, Baltimore, a,nd or any rate whatever be permitted which is based on an attempt to recover losses Newport News, have the advantage which comes from that fact? · made by some other and lower relative rate. Mr. itUSSELL. The only reason that occurs to me is the ad vantage of keeping open a number of competing ports and of competing lines. That, we think, we have guarded against in the bill. The theory of Suppose we.adopt a short-haul system, by which New York, for in­ transportation, the theory of the bill is that we must recognize the right stance, would get an advantage of Boston or of Philadelphia, and would in the interest of commerce generally to charge less per mile, if you become the great seaport town. The result would be that the trains please, for the long than for the short haul; but we did not seek to from the West would go to tha~ port, the mercantile goods from the allow and we attempted to prevent any recoupment upon the short­ Old Country would come to New York, and the great cities that are a haul shippers for losses that might be sustained on account of the long few miles farther away from the West and from New York would be haul; and therefore I &'ly that the provisions of the bill would require dried up and would not be able to live and compete at all. Do the that the commission should fullow and prosecute any attempt on the part . people of this country want ~hat? We haTe to take a broader view of of a railroad company to extort from the short-haul shippers in the this question than simply to consider whetherlO bushels of corn in my interest of the long-haul shippers. crib are going to cost me 5 cents more for transportation to market than Next, Mr. President, take Mr. Parker, whose statement appears on the corn in somebody's else crib somewhere else. I say the people of pagE) 19u .of the report. I desire to refer to these thing~, so that the New York, Boston, Philadei:phia, Baltimore, Charleston, and New Or­ views of some of the most intelligent and competent business men shall leans should all have an almost equal opportunity of getting the great be published before the Senate so that they,ma.yunderstand that there productions of this country into their markets, so as to.enable them all is more in this question of charging more for a short haul than_a longer to share in distributing them to the people who want them in the dif­ distance than upon the face Of the thing there might seem to appear, ferent secti

up of very low-grade freight, taken at a. low rate. The road would be jus tilled branches of business of alike character and between different quantities of the in taking it, for the reason that it would cost very little more to perform the same class of freight. service, and it would operate no injustice to the local patrons of the road who 6. 'i"hat unreasonable discriminations are made between localities similarly were paying a higher rate on the local freight. This would only apply to com­ situated. • petitive freight. 7. That the effect of the prevailing policy of railroad management is, by an elaborate system of secret special rates, rebates, drawbacks, and concessions, to Being asked what would be the effect upon the local charges of his foster monopoly, to enrich favored shippers, and to prevent free competition"in road if it were prohibited from taking such through freight at lower many lines of trade in which the item of transportation is an important factor. rates, 1\Ir. Parker replied: 8. That such favoritism and secrecy introduce an element of uncertainty into legitimate business that greatly retards the development of our industries and It would result in our having to increase our local rates~ It is a question of commerce. aggregate earnings, and if we do not earn enough to float the company from one 9. That the secret cutting of rates and the sudden flu.ctuations that constantly source we must from another. take place are demoralizing to all business except that of a purely speculative character, and frequently occasion great injustice and heavy losses. And so on. I shall not take up the time in reading from Mr. Parker 10. That, in the absence of national and uniform legislation, the railroads are any farther. Now 1et me read from a gentleman in the Southern por­ able by various devices to avoid their responsibility as carriers, especially on tion .of the country, a Mr. Haines, representing two or three roads in shipments-over more than one road or from one State to another, and that ship­ pers find great difficulty in recovering damages for the loss of property or for Georgia. He illustrates the question of the long and short haul very injury thereto. thoroughly by one single illustration.. He says: 11. That railroads refuse to be bound by their own contracts, and arbitrarily collect large sums in the shape of overcharges in addition to the rates agreed Railroads are built to accommodate communities dependent for transporta­ upon at the time of shipment. f.Ation upon water courses, turnpikes, or public roads. They furnish cheaper 12. That railroads often refuse to recognize or be responsible for the acts of and more convenient facilities than such communities before possessed, but dishonest agents acting under their authority. still it costs something to maintain and operate them. If no charge was made 13. That the common law fails to afford a remedy for such grievances, and for using them, this cost would have to be met by taxation. But whether met that in cases of dispute the shipper is compelled to submit to the deci~ion of the by taxation or by charging freight and passenger rates, it is a tax at least upon railroad manager or pool commissioner, or run the risk of incq.rring further the communities which have no other road to market. If it costs $600,000 per losses by greater discriminations. annum to keep up a road- H. Tl}at the differences in the classifications in use in various parts of the coun­ try, and sometimes for shipments over the same roads in different directions, ! ask the attention of the Senate to this- are a fruitful source of misunderstandings, and are often made a means of ex- then the money must come out of the freight and passengers that are obliged tor~ion. . to pass over it. Whether the amount of business be small or large, the money 15. That a privileged class is created by the granting of passes, and that the to keep up the road must be forth(}oming, or it will go to decay. If 100,000 cost of the passenger service is largely increased by the extent of this abuse. bales of cotton were the only freight that passed o>er a road which carried no 16. That the capitalization and bonded indebtedness of the roads largely ex­ passengers, that cotton would have to pay a freight of S6 per bale if it cost $600,- ceed the actual cost of their construction or their present value, and that un­ 000 per annum to maintnjn the ro•, and no legislation could make it otherwise. reasonable rates are charged in the effort to pay dividends on watered stock But if the quantity of cotton to be transported could be increased to 200,000 and interest on bonds improperly issued. · bales, then the cost of transportation could be fixed at S3 per bale, to the great 17. That railroad corporations ha·ve improperly engaged in lines of business • joy and relief of the shippers of the first 100,000 bales; and yet the $600,000 re­ entirely distinct from that of transportation, and that undue advantages have quired to operate the road would be forthcoming. been afforded to business enterprises in which railroadofficia.lswereinterested. Now, suppose that the community which raised this second 100,000 bales had 18. That the management of the railroad business is extravagant and waste­ a water route to market and said to the railroad company," It only costs a. dol­ ful, and that a needless tax is imposed upon the shipping and ~veling public lar per bale to ship our cotton by water, but we prefer to ship it by rail at the by the unnecessary expenditure of large sums in the maintenance of a costly same price," who would be benefited if the company took t.he cotton at a dol­ force of agents engaged in a reckless strife for competitive business. lar per bale? Who but the lqcnl shippers themselves, for withoutthis addition to the business of the road they would have to pay $600,000 per year, or $6 per These are in brief the complatnts·which have been made to the com­ bale, to keep up the road, while with the $100,000 obtained from the other 100,000 mittee by the people as we passed over the country undertaking to find bales of competitive or through cotton they would have to pay but $500,000, or . out what were their complaints, if they had any, and at the same time $5 per bale on their own cotton. Should they turn around upon the managers of the railroad and say that it was unjust to the local shippers to charge only a their views with reference to this subject in the way of legislation. The dollar per bale on the through cotton? No, it is not only just but to the benefit committee have sought to prepare a bill which would cure these evils of the local shippe1·s that the railroad which they are obliged to use should as far as possible, but all the time having in view as well the danger get all the business it cll.n from those who are not obliged to use it, and at any rate the latter choose to pay, provided, and it is a very important provision, that we might make an error by adopting some course which would that such competitive business adds something to the net revenue of the ro!ld: not only cripple the railro:1ds but would injure the business of the • or, in other words, if it be carried at anything above the actual cost of trans­ country as well. · portation. I desire to refer for a moment to the long and short haul question Ur. President, it does seem to me that the testimony of such men as again. I read from the PopuJa1· Science Monthly an extract from an · I have read from before the Senate to-day is sufficient to satisfy every article written by a gentleman who bas given this subject very much intelligent man that we are treading upon exceedingly delicate and study, both from the point of view of the practical operation of the doubtful ground when we legislate upon the question of the long and roads in this cotmtry and historically with reference to the action of short haul. I am free to. cohfess that I have never fully satisfied my­ other nations upon the subjed. He says: self that it was a safe thing to do at all. I have hesitated about it, as The short-haul principle provides that a raih:oad shall not charge n. larger the Senate itself knows. During the discussion of the bill .pending gross sum for a part of any route than it does for the whole; not more, for in­ stance, from Chicago to Springfield, 1\Iass., than from Chicago to Boston. It is before the Senate during the last Congress, which I had the honor tore­ thus intended to prevent the more outrageous forms of local discrimination. port to the Senate, I left ont of the bill altogether anything touching There can be no doubt tlmt as a general principle it is correct. upon a short-haul law, but ~pon the investigation that the committee has been enabled to make this year I found, and I frankly state it, that That is the general principle, and it is correct, and the committee there is a public sentiment and a public belief throughout the country have put it in the bill; but at the same time from our investigation of in the minds of the people that by means of the difference between the facts we became satisfied that we could not recommend consistently with our judgment a provision absolutely preventing the charging ot the long and the short haul in this coun~ry the short-haul people are terribly swindled, and that this is worse than the advantages from the more in every instance for ,a short than for a long haul. cheap long hauls. . . "There can be no doubt thn.t o.sagenernlpi:indple it is correct." But it is not one which i~ is always possible to enforce by law. If the law can reach all tho I have felt that there was something in that, but. I have not felt rival routes, aud can be enforced against all of them, it does much good and lit­ that it was safe for this Congress or any Congress to go further as a be­ tle or no harm . . But if i~ r eaches one route-and not another, it simply makes ginning than to say that transpor~rs shall not charge more for the the o t.ber route a present of the through tra4lic. What.for instance, w ould be the effect of a national short-haul law on the movement of wheat from Chicago transportation of property or persons on a given road for the shorter to the seaboard? At present it is a traffic which the railroads can afford to than the longer ~ta.nce going in the same direction and from the same make special efforts to secure, and they bring the rates down nearly to the level original starting-point. I do not believe that it is safe for us to go beyond of operating expenses. If they reduced loco.l rat-es to this basis, they would have nothing left. t{) pay fixed charges. The only way by which they could that. I wish I knew that we could safely legislate in every particular ·comply with the law would be by raising througg rates. This would simply so that we could -stop every species of unjust discrimination or extortion have the effect of sending the wheat to Europe via l\Iontrea.l instead of via that has been going on in the operation of the railroads of this country. Americap porta. The Grand Trunk Railroad, which would be o.utside of our control, would have the chance to make low through ra tes and get the heavy There is no man in the Senate who has a greater desire to protect the through traffic. The English stockholders of the Grand Trunk would be the people of the country. against extortion and against unjust discriminw­ persons most benefited by such a law. tion or any wrong on the part of the railroaPsofthe country than my­ self, I believe. I realize that there have been great wrongs, and I will Now, I desire to call the attention of the Senate to this langa:lgo·:-­ enumerate some of the complaints which the people make against the n is only a few years since the Prussia.n Government got intp trouble in ex­ actly this way. It was though~ by the authorities that the low through rat-es railroad companies of the country as they have been summed up by favored the foreigners at the expense of the Germans ; and an attempt was the committee in its report: made to carry out the short-haul principle rigidly. The result simply was that the foreigners sent their goods by other routes, which Bismarck was unable to The complaints against the railroad system of the United States expressed to control, and that the Prussian railroads lost a part of their traffic, which, low the committee are based upon the following charges: , ns were the rates charged upon it, was yet a matter of importance to their busi- I. That local rates are unreasonably high compared with through ra.tes. ness prosperity. ' · That is just what I have been talking about. I shall not take up the time of the Senate longer in discussing this 2. That both local and through rates are unreasonably high at non-competing question, and I beg pardon for taking as much time aa I have done. points, either from the absence of competition or in consequence of pooling agreements that restrict its operation. But it seemed to me that the Senate was liable to do an injustice. I 3. That rates are established without apparent regard to the actual cost of the do not mean to the raili"oads, but to the business of the country; and Rervice performed, and are based largely on "what the traffic will bear." I appeal to Senators stop before they rush specific legis1ation 4. That unjustifiable discriminations are constantly made between individuals to into · in the rates charged for like service under similar circumstances. here which they would be called upon to repeal, I fear, by tlle time an· 5. That improper discriminations are madt; between articles of fre!ght nnd other Congress meets. 3870 CONGRESSIONAL RECORD- SENATE: APRIL 27,

I wish I was certain that we could pass an absolute short-haul law, Legislatures of the v:1.rious States of the Union that act upon this sub­ -and that it would not affect the business of the country unfavorably, ject to adopt practically their rule, relying upon public sentiment to and that it would operate fairly upon all.the people of all the States in correct the acts complained of. · all portions of the country; but I dare not venture, so far as I am con­ But in this matter of the long and short haul every railroad expert, cellllcd, to go further in that direction than has been recommended and I think, who appeared before the committee, every writer upon the adopted in the State of Massachusetts, nor further than the history of subject, both in this country and in England, admit that a rule which legislation in other nations will justify us in going. So I trust that the prohibits a railroad company from charging more for hauling a car-load Senate will stand by the bill and adopt the fourth'section as it stands with 300 miles than is charged for hauling a car-load 1, 000 miles over the same such amendments as the Senator from Vermont sugg~t.s .if they are road and in the same direction is just and proper; but they all contend necessary, so that the mle may not be regarded as an absolute law and that there are innumerable instances constantly occurring where excep­ unchangeable. tions must be made, or great injustice would result. Therefore the Mr. BROWN.· Will the Senator from Dlinois permit me to ask him rule should not be a rigid one, but that the commission authori~ed by a question before he takes his seat? · the bill should have power, without waiting for legislation, to permit Mr. CULLOM. Certainly. exceptions in cases where it is absolutely necessary for the public ·wel­ Mr. BROWN. The Senator has just been discussing the question of fare or the protection of the transportation company. the long and short haul. I wish to have the construction of the com­ The committee were so impressed with that view that in framing this mittee on the meaning of the proviso to the fourth section, which is in bill we have inserted a provision that in each and every case where the these words: · railroad company can show that either from water competition, from Prcwided, howe-ver, That, upon n.pplication to the commission appointed under competition among themselves, or any other extraordinary circumstance, the J.>rovisions of this act, such common carrier may; in special cases, be au­ such as occasionally occur in the export trade-upon showing the fact thonzed to charge less for longer than for shorte::.- distances for the transporta­ tion of passengers or property; and the commission may from time to time make that it would destroy them, would impair their property, would pre­ general rules covering exceptions to any such common carrier in cases where vent them from making a just retmn to their stockholders, upon that there is competition by river, sea., canal, or lake, exempting such designated showing an exception may be made in each and every case so presented. common carrier iu such special cases from the operation ot"this section ofthis act. Therefore, if yon have a fair commission, if you ha>e experts, men of Does the committee construe that to mean that railroad corporations character who desire to do justice, as they unquestionably have in the when competing with each other can be relieved in special cases by the States of Massachusetts and New York; you will have no hardship upon commission, o.r that there can only be relief granted where a railroad the railroads, and yet you will have individual rights respected and non­ or railroads come in competition with water transporbation? competing points protected. Mr. CULLOM. My own view is that the commission will have power, :Mr. President, this is not a new question. The State of Ohio, which wherever upon investigatio~ it :finds that it is necessary in the interest you represent in part on this floor, has considered and acted upon the of transportation and fairne...c::s to the public to make exceptions, wher­ question. Your legislation was more conservative than it was in many ever it may be, whether ·ontheborderofthclakesorrivers or canals or of the Western States, where it has proved an entire and total failure, what not. as it hns everywherewherepeual and specific statutes have been passed Mr. President, I shall not take up the time of the Senate further. to fix rates per ton per mile and impose penalties for violations. But Mr. GORl\1AN. Mr. President, as I am a member of the Select Com­ you in Ohio inserted· a provision in your law identical with·tbat which mittee on Interstate Commerce, it is perhaps proper for me to state why is advocated by my friend from West Virginia, or, as the provision of I shall support the amendment offered by the Senator from West Vir­ the bill will stand if his amendment is adopted, it would be as follows: ginb to the fourth section of the bill. The committee which have re­ Tl,.lat·no company or person owning, controlling, or operating a railroad iu ported this bill have given the subject very careful examination and whole or in part in this State shall charge or receive for the transportation of ft·eight for any distance witbiu the State a larger sum 1:han is charged by the consideration. And although the bill reported is not pretended to be a same company or person for the transportation in the same direction of freight panacea f01· all the evil-s ~rowing .out of the management of ~ the trans­ of the same class or kind for an equal o1· greater distance over the same road portation system, it will, I believe (should it become a law), go very and connecting lines of railroad. thr toward the correction of some of the admitted abuses, and will en­ That is subs_tantially the law in operation in Ohio. The railroads . able us to discover, through the report of the commision, what further there are prosperous. There never has been any proper complaint made legisl:ttion may be necessary. by the managers of those roads. Many of them are owned and con­ The provislons of the present bill are based upon the theory that the trolled by corporations within my State, and they have never com­ paramount evil charged against the operation of the railroad transpor­ plained of the exactions of that law because they knew that it is just tation system is the unjust discrimination between persons, places, and and fair, and when properly enforced they had no right to complain. commodities of particular description. It is the unanimous judgment They know also that for twenty-five years the greatest railroad corpo­ of your committee that the bill in its general scope will correct many ration· in this country, with over 3~000 miles of railroad, one of the of the abuses complained of without in any way impairing the effi­ mo'lt prosperous to-day upon this continent, the great Pennsylvania ciency of the transportation interests or jeopardizing the capital in- Railroad, when it received from the State of Pennsylvania the artificial , vested in railroads. The principal difference of-opinion has arisen upon water ways, the canals that were constructed at an immense cost by the the proposition now pending with regard to the ''long and short haul.'' State, the condition was made that they should charge no higher rate The Senator from Tennessee [M:r. HARRIS] and myself, the minority for the short haul than for the long haul to the people of Pennsylva­ of the committee, had intended to introduce the identical amendment nia-not that they should not charge any greater rate for the short haul offered by the Senator from West Virginia. [Mr. CAl\fDEN] to strike out within the State, but that no greater charge should be made by that the "\lords in. the fifth line of the fourth section, "in the same direction road from Pittsburgh to Philadelphia than they made from Chicago to and from the sam~ original point of departure.'' Philadelphia; thus giving to that State and to her citizens the advan­ This is a question which has been discussed by all the eminent rail­ tage of the lowest possible rate that that railroad would charge to the road men in this country. More than twenty State Legislatures have citizens of the West. had this identical question before them. It ought to be well consid­ Now, :Mr. President, what has been the result of it? They have ered here before :final action is taken. I think I am entirely safe in say­ successfully competed with all the other trunk lines that run from ing that all the legislation which has be.en attempted in England or in Chicago to the seaboard, and with the great trunk line of Canada con­ any State of this Union which has sought to fix arbitrary rates of freight structed at a less cost per mile than any road in the United States, per ton pe:r mil.e or to regulate the mode of tmnsportation by an in­ because they secured the money at about 3 per cent. Cheaply con­ flexible law bas been a. failure. structed.as that road was, they, the" Pennsylvania company, have been The only success that we have had in this country in controlling the enabled to maintain themselves, they llilve built up from Pittsbmgh to railroads, in forcing them to give to the public the rights which the Philadelphia manufacturing e-stablishments such as are on no other line public belie>e they are entitled to, has been under the various acts of of railroad in this country except the New York Central. For twenty­ State Legislatures which gave the commission no power exceptthepower five years that road has been subject to the rule which we m·e seeking to supervise and report any and all acts of discrimination as to indi­ to apply to all the other railroads in the country; they have built up vidu~ls or localities. so great a local business that 90 per cent. of their income comes fl·om The common-law right of the citizen to be protected against extor­ local freight on the line of their road. There is not an officer of that tion and unjust discrimination exists, but the remedy for the violation company who will not admit the rule which this amendment would es­ has been found to be wholly inadequate unless the State intervenes tablish is just; that, with or without law, in the interest of the road through a commission, as in the case of 1\fassachusetts. Mr. Charles they would adopt it. Francis Adams, formerly a memberoftbatcommission, in his statement, 1\fr. Albert Fink, who is considered by all the -railroad officials in which will be found on page 1202 of the testimony, says that "six­ this country as the brightest mind connected with transportation, a. teen years ago the State of Massachusetts, by what at that time was man who bas argued their case before Congress for years, who has ap­ nothing but a happy guess, hit on the true theory of legfslati ve dealing peared before the committees of many of the State Legislatures to pre­ with this question," that the Legislature carefully refused to give the vent hostile legislation, was before the Committee on Interstate Com­ commission any power, and all the commissiori could do was to exam­ merce, and was questioned by my friend, the chairman, aml other mem­ ine, report, and recommend-then having recou.rse to public opinion. be.t'S of that committee. He does not hesitate ~to say that the rule we I think it is conceded that the great success of that commission and are seeking to ~dopt, making it uniform, applying it to all the roads in · the wonderful success of the New York commission will induce the the country with the exception I have named, that the commission in 1886. CONG-RESSIONAL REOORD- SENATE. 3871

special cases should have the right to change that rule, is right. On can be brought from the forests of 1\fichigan cheaper than you can move page 91 of testimony .Mr. Fink uses the following language: it from Wheeling to the city of Baltimore over the same road in the It is a rule generally adopted by all:~:ailroads to properly adjust local tariffs to same direction and with no greater possible cost for moving 1 ton per the through tariffs, when the latter are reasonable and fairly remunerating. For mile than the other. example, the tariffs of the Pennsylvania Railroad are so arranged that no higher charge is made from any station east of Pittsburgh to Philadelphia than from Now, sir, the Baltimo1·e and Ohio and the Erie are not alone in this Pittsburgh to Philadelphia, or from any station this side of Chicago than from discrimination. There is scarcely a railroad in the country that does Chicago. That is a rule generally adopt-ed by all roads. not practice this extortion as a rule except the Pennsylmnia Railroad, Senator HARRIS. Never to charge more for a short than for a long distance? Mr. Fnrn::. I do not say "never," because there are conditions under which and in the case of that road gentlemen appeared before the committee, this may be done without injustice, but it is the general rule in making tariffs. who stated upon their honor that the same extortion ha!l been made Mr. Blanchard, who has been connected with the Baltimore and upon them; that by the Pennsylvania Company law is not in all cases Ohio road and the Erie road, and who is a recognized authority upon observed; that there was fayoritism; and I have no question myself, these subjects, has modified his views, and he does not hesitate to say from the examination of the subject, that these great forto,nes, growing that it is a proper rule and ought to be ep.forced. Mr. Sterne, the great up from tens to hundreds of millions, of gentlemen connected with the railroad lawyer, employed by commercial bodies to secure legislation to transportation interests have been in a great measure owing to favorit­ prevent extortion and discrimination, whom we had before us, says ism..by almost all the railroads of the country. I believe to-day th.:'l.t. what? · · the great trouble with the laboring people in this country comes from That in England and before every State Legislature and before Congress up to this discrimination, from this favoritism, from this undue and un­ within the last two or three years every railroad officia~ has said that it would healthy accumulation of wealth by a comparatively few men by means be destruction to the railroads to apply this rule to them, and would taunt the of this extortion and unjust discrimination. man who suggested it as one who did not understand the subject; and yet to­ dry there is not a railroad official in this country, in the light of what has oc­ There can be no question that the charging more for the intermediate curred on the Pennsylvania and other roads, who will not admit freely that the distance than you do for the w bole distance on any road tends to throw rule is a wise one; but he simply advises you that you can not enforce it prop- trade out of its natural channel, builds up turmoils_at the expense of erly. . all the intermediate points. There is an unnatural increase of wealth Mr. Kernan1 president of the railroad commission in New York, was and population, and whenever depre.rcion comes, as it does periodically, mentioned by my friend the chairman, who referred to his statements you witness the scenes yon are passing through. If the short-haul rule and quoted in part what he said. I think the Senator, without intend­ will become .a law I have no question that trade and manufactures ing to do so, may have created the impression that lli. Kernan is of will seek the natural channel and we shall be less liable to tbe di turb­ the opinion that if we attempted to enforce this short-haul rule it would ances which are unavoidable under the present system. be disastrous to the railroads. I do not so understand Mr. Kernan. On I would. not advocate a proposition that would jeopardize this vast the contrary, when 1\Ir. Kernan presented to the committee the rule investment in railroads. There are even billions of money invested whichtheNewYorkcommissionhadadopted-notthelaw, buttberule in the railroads of this country. The cost of the railroads is $60,000 a ; ofthecommission-that rule provided that- . mile. ·I do not believe they could be duplicated to-day, if they were, Railroads should not, as a general rule, charge more between a terminal and all to be constructed now, for the same amount of money. There are an intermediate point, for a like class and quantity of freight, than is charged between such terminal and a. more distant point, e>en though at such more dis­ too many interests involved to treat it lightly. tant point there be railroad or water competition, unless railroads ean affirma­ I would not favor any portion of this bill if I supposed it meant tively establish such circumstances governing such competition as justify the an attack upon the rights of the people whose money is invested in higher charge for the shorter distance. these great enterprises. I recognize· fully the competition that on.r Mr. CULLOM. Will the Senatorfrom 1\Iarylandallow me to inter­ roads have with the lakes and with the Canada railroads. It is a very rupt him? serious question for us. I know that we have all that we can do to The PRESIDING OFFICER (Mr. FRYE- in the cbaiT). Does the maintain our kade and prevent it from passing tbro:ogh Canada. I Senator from 11Iaryland yield? · belie\e that c:1n only be done by the most liberal action of this Gov­ Mr. GORMAN. With very grea.t pleasure. ernment and of the people of the-States. Mr. CULLOM. I wish to read from a paragraph on page 18 of the The rates of transportation by railroad from all points in theWest to ~estimony, where he says: the Ea3t on through freight is governed by the rate from Chicago to I believe that in such a. statute there should be this provision­ tide w.ater, and that rate by rail is in fact fixed by the water rate from That is, a short-haul pro~sion- Chicago by the lak·es and the Erie Canal. If we are to maintain the with the power in somebody to modify or permit exceptions to i t. supremacy of the American lines, I have no question that the Erie Canal must be enlarged by the State ofNew York or by the aid of the Mr. GORMAN. That is precisely what Mr. Kernan suggests, and General Government.- It is onlybytheimprovementofthatgreathigb­ that is precisely what the section will say if the amendment offered by way and the improvement of the :Missouri River that you ca.n hope to the Senator from West Virginif1, is adopted. To put that beyond con­ have the products of the great West transported to tide water at the troversy, permit me to read the section as it will be-if the amendment minimum cost. The through rates by rail are as low as the water is adopted: · rates. SEC. 4.. Th!lt it shall be unlawful for any common carrier to charg e or receh-e Whether the railroads have reached the minimum in actual cost of any greater compensation in the aggregate for the transportation of p assen­ gers or property subject to the provisions ofth is act for a shorter than for a longer transportation is a question yet unsettled. They are entitled to fair distance over the same line, in the same direction: Provide({, howeve1· , Tl.Jat compensation for the through and local freight, but there is no reason upon application to the commission appointed under the provisions of this ac ~, why ten million of people who reside within a milius of 200 miles of such common carrier may, in special cases, be authorized to charge le~s for longer than for shorter distances for the transportation of passengers or prop­ where we stand shall be made to pay four times as much for moving erty; and the commission may from time to time m,ake general rules covering a ton of freight 200 miles as the people west of the l\Iississ1 ppi Valley exceptions to any such common carrier, in cases 1vhere there is competition by pay for moving it 1,000 miles. l"iver,sea,ca.nal,or lake, exempting such d esignated common carrier in su.ch special cases from the operation of this section of this act; and when such ex­ Mr. President, this proposition is not anew one to the railroads them­ ceptions shall have been made and published they shall have like force an d sel >es. The great railroad war of 1877 arose upon this question of the effect as though the same had been specified in this section. long and short haul. It came about through the action of the Balti­ I submit that the section as I have read it, provided the amendment more and OJ:Vo Railroad >ritb its then president, the late Mr. J obn W. of the Senator from West Virginia is adopted, comes precisely within Ganett, who bad not his superior in this country in railroad manage­ the rule laid down by the commission of New York. It comes within ment. His success was phenomenal. He took charge of the road thirty the rule that is in operation upon the Pennsylvania Railroad. It is the years ago, and be kept his road upon a proper basis. It was built not rule which would do exact justice to every section of this country. by watering the stock and the bonds, but the actual construction stock To illustrate what has been done and what is being done by these payments were called in first in cash and the bonds were sold for par. great trunk railroads running east and west to the detriment of com­ It was an expensi:ve road to construct, with a higher grade than any munities, to the destruction of individuals and their property, it has road crossing the Alleghany Mountains. been stated by Mr. BLANCIIARD, that on a. .railroad that is owned in the But the distance from tidewater at Baltimore to Cincinnati and Saint State which I in part represent, tb~ terminus is in Baltimore,.the time Louis and Chicago is shorter than by any other line. TheNew York Cen­ has been that they have charged more for a car-load from Frederick to tral, with its low grades and magnificent equipment, and the Pennsyl­ the cityofBaltimore, 60 miles, than they now charge for t:Q_e700miles nniaroad, with its gran_d equipment, and the Erie, all more favorable in from Chicago to Baltimore. grade, but longer lines, united to compel the Baltimore and Ohio to Mr. BI,ANCRARD gi•es another instance. He states, for e.xamp1e, make the same gross charge per 100 pounds, or per ton, or per car from "When I came to the Erie road in 187.3 the chf:trge on dry goods from Chicago to Baltimore as they made from Chicago to New York, the New York to Chicago, 965 miles, was 75 cents per hundred pounds. a...-erage distance being 200 miles gre..1rter to New York than Baltimore. At the same time the rate from New York city to Hornellsville on the The Baltimore and Ohio Toad refused to enter the combination. Mr. Erie Railway, 340 miles, about 0 cents on the hundred pounds. There Garrett held that Baltimore was entitled to the rate of 3 cents per 100 are innumerable instances. To-day the rule is.that you can have a pounds less than New York and Pbiladel phi a. car transported from the city of Chicago to Baltimore or New York In other words, he maintained and finally succeeded in enforcing the city for one-half the charge you can move that car from any non-com­ rule of the short haul, a more radical rule than that which we·contend peting point in the valley of the Ohio River to the city of Baltimore for to-day. 'l'hat contest brought on a railroad war which came nearly or New York..!. and this on all traffic, grain, oil, beef, lumber. Lumber bankrupting all the trunk-line roads. But the Baltimore and Ohio was 3872 CONGRESSIONAL -RECORD-SENATE. APRIL 27,

fully sustained by public sentiment, and the State of Maryland, which should be from Chicago to Wheeling, they could not charge any more owns a large interest in the road, and the city of Baltimore, and the from Chicap;o to Wheeling than from Chicago to Baltimore. That is people, without an exception, were content to jeopardize their invest­ the operation of the bill, and to that extent it goes to correct a com­ ment in the road rather than the principle should be abandoned. plaint which has been made. Right succeeded, and what was the result? .A division of the trade be- But they can still discriminate if the shipment is made from Wheel­ tween the great seaboard cities. . ing to Baltimore, by charging more from Wheeling to Baltimore than Elevators for the accommodation of the grain trade sprung up in the they would charge from Chicago to Baltimore. harbor of Baltimore, lines of steamers were established from that port If there is any justice o£ any viitue in this princi pie of attempting by to England and France, and the cost of grain and other products by legislation to control the action of railroad companies in fixing their ocean carriage was largely reduced. This, it will be remembered, was charges from extreme points of shipment, you must also extend the a contest between the railroads for their own interests. Now we pro­ same privilege to all the intermediate points, and say that they shall not pose to enfome it in the interest of the people. It does not lie in the charge for a shorter distance more than for a long distanqe. mouth of the railroad official to object to it. It will do no injustice to It is sometimes said that it costs more to transport for a shorter dis­ that great interest, but it will put in practical operatron what was in­ tance. That is not true. There can not be a case in which it is true. tended to be secured when the railroads were chartered--exact justice Could it possibly cost more to transport wheat from Mansfield, Ohio, to all shippers and all localities through which the railroad passes. to New York than from Chicago to New York, wbP.n the same cars go Mr. SHERMAN (Mr. FBYE in the chair). Mr. President, this feat­ over the same tra

Mr. MILLER. I ask the Senator to point it out. qnence. We know very well that this long-bani proj eet has enormously • Mr. SHER~IAN. I will do so. In the absence of the provisions of reduced the rates in this country for through freight. It is an advan­ the bill it is plain that the railroads, if left to themselves, can make tage which the cities along the Mississippi River and in California have such charges as they see proper, subject only to the limitations of their had and enjoyed all the time. charters. Take that broad principle in connection with this language: Thatlowchargeforthrough freight is based on the idea that every rail­ That it shall be unlawful for any common carrier to charge or recei'\'"e any road is built as a local road first, and the local rates are expected to pay greater compensation in the nggregate for the transportation of passengers or what are called the fixed charges; that is, the interest, the cost of the property subject to the provisions of this act for a shorter than for a longer dis­ tance over the same line in the same direction- road, and all that sort of thing; and then if they can get through freight for the mere operating expenses, it strengthens ~he road and en­ If yon stop there, then no discriJnination could be made; but it goes ables them to carry on their operations and make money. They there­ on- fore have based their charge for through freights, for long freights and nud from the same original point of depal'ture. long distances, on the .mere cost of operating the road. I know that is If goods are shipped from Chicago to New York is there any pro-· done on all the great railroads. They hav·ecarried freight from Chicago hibition there against charging less for that transport.:1.tion than for and some of the Western points to the city of New York for less than goods shipped from Fort Wayne, Ind., to New York? operating expenses when they were competing with each other, and Mr. MILLER: Will the Senator permit me to ask him another they usually haYe fixed those clln.rges at little more than the operating question? expenses. When I speak of operating expenses I suppose every Senator Mr. SHERMAN. C~rta.inly. knows what I mean-the cost of the fuel, repairs to the engines, pay­ - Mr. MILLER. Does he think it would be just or reasonable upon ment of the engineers and firemen, without any regard whatever t{) the the part of railroads to charge twice or five or ten times as much for cost of the road and what are called the fixed charges, the interest on carryingwheat from Mansfield to NewY:orkasis charged from Chicago the bonds n.nd tbe like. to New York? .That has been the custom; but if they are compelled to aba.ndon that :Mr. SHERMAN. I know what the Senator is driving at. rnlc, then, as a matter of course, they will look first to their cba,rges for ltfr. CAMDEN. Will the Senator allo'Y me to answer that question? local freight and adopt theirthronghchargessimply so as to keep within Mr. SHERMAN. I think I can answer it. The Sel)ator from New the language of the law. In some cases some of the roads will lose all York now refers to a general provision in the bill that they shall not their through freight, and the result will be a general advance in the be guilty of extOrtion. I ask the Senator-from New York to read the through frei;;!h.ts. on the long lines. That will be the effect of it, and -clause on which he would rely to justify his argument. when that effect is prodnc~d, then gentlemen will come he1·e and com­ Mr. MILLER. If the Senator will look at section 1 of the bill, plain· of it, and say that by the operation of our legis ·on the freights lines 27 to 3i, he will find the following: haYe been increased from Iowa aml the far 'Vestern country to New AU charges ronde for any service rendered or to be rendered in the tranl'por­ York. • tation of passengers or property as aforesaid, or i connection therewith, or Mr. HARRIS. Will the Senator·anow me to ~sk him, just in that for the receiving, delivering, storage, or handling of such property, shall be rea­ connection, with the discretionary power which this section gives to sonable and just. the railroad commission, does he not suppose that the commission would Then, if the Senator will read section 2 be will find that it prohibits n·wke n.n exceptiotrin favor of a road such a..'! he suggests when it was special rates, rebates, and drawbacks, prevents any special privileges in rlanger oflosing all its through freight? being granted to any particular person, comp:my, or place. 1\fl'. SHERMAN. Then if that is so why not le..wc outthe3e words? Mr. SHERMAN. I have rend a,ll that. Now, let me ask the Sen­ 1 f they can make a special rule for freight from Chicago to New York ator from New York a question. "hy p.ut in these words? Mr. MILLER. Certainly. fiT r. 1 r A IUUS. I will tell the Senator that I think the words ought lli. SHERMAN. Would it be reasonable and just to charge more . to be stricken out, I am for the amendment; bu~ I do not think there from l\lansfield, Ohio, to New York, than from Chicago to New York? n re r.ny c-ircumstances under which wi tb the discretioi::mrypower which I ask the Senator that question. this section gi\es to the commission any through line would be likely Mr. MILLER. In that particular case I should say no. to lose its through freights. Mr. SHERMAN. Then, why do the Senators object to the amend­ Mr. SHERMAN. I wigh to Yote with the committee just as far as ment proposed by the Senator from West Virginia? If those words are I can. If the bill prohibited any discrimination between a shipment stricken out, t.hen such a thing could not be done; then no greater from New York to Pittsburgh and a shipment from Chicago to New amount could be charged from Mansfield to New York than from Chi­ York, or, vice versa, between a shipment from New York to CleYcland cago to New York. But the very fact that the fight on this bill turns and. a shipment from New York to Chicago, if the point of commence­ upon these few words shows that the object and me..1.ning is to l~avc all ment is the same, then the bill operates; but suppose the point of com­ the intermediate points to a law of justice and discretion to be admin­ mencement i.s not the same, but is an intermediate point, why should istered bywhom, and when, n.nd where? If you mustregulatethelong not the same rule apply? haul and the short haul by legislation, giYe ns a rule that is fair and Mr. l\fA.XEY. I should like to ask the Senator n. question. Are just, andnotbyanexpressexception make a distinction between a short not the exceptional advantages given to the long haul byrnilroadsnec­ shipment oyer the same line and a long shipment over the same line. cssarily c:>mpensated by compelling the intermediate points to make There is the answer, and that is the whole of it. up for that loss, as the Senator says the loss is made up sometimes on I intend to vote to support the action of the committee, although I the long haul?. Practically do not the intermediate points where the doubt very much whether the fourth section will not bring trouble. I larger charg:e is h:wc to make up that loss? believe that it will be repealed within a~horttime, and for this reason: M1-. SHERl\IAN. Railroad men know precisely and can gi>eyou to I believe the fourth section will create so much embarrassment that it the fraction what proportion of their e.arning~ is from local freight and will at once raise the rates of through freight. I appeal to every mil­ what proportion is from through freight; and they take care that the road man who hears me. The companie$ can not afford to reduce the local freight, which is almost invn.riable aod changes but little except local rates if by doing that they are prevented from competing at low from the nature of the crops, will pay them at least a reasonable re­ mtes for the through frei1{ht. If they are compelled to put on reason­ turn for the capital employed, the interest on bonds, and the like; in able local freights, then they will be co:mpelled to put on reasonable other words, they will make it provide for the fixed charges, and ~en throngh freights, and when they attempt to do that, as a matter of they will hope to get enough out of the through traffic to help carry on course they must raise the freights for long hauls in order to give them the operating expenses of the road. That is a general rule among rail­ even a living profit on their railroads. roacl men. Mr. l\IILLER. I understood the Senator at the beginning of his re­ Mr. l\IAXEY. But if the charge on th,e long haul, as the Senator marks to say that be is in favor of the amendment as proposed by the has said, is sometimes less than the actual cost, and they have the priv­ Senator from West Virginia. ilege of making n. short haul pay a greater rate than a long haul, do 1\Ir. SHERl\IAN. 1 am. they not necessanly compensate themselves by making the short-haul Ur. 1\IILLER. That amendment is to make the provision for short men pay for the loss, and thus the shippers at the intermediate points and long hauls abso11ute, starting from any n.nd n.ll points. will be the losers? ' · 1\Ir. SHERMAN. I did not say that. · · Mr. SHERl\IAN. · A.ll I desire is that this section shall be made logi­ 1\Ir. MILLER. That is undoubtedly the meaning. cal. The words "-and from the same original point of departure" are Mr. SHERMAN. When the Senator gets throngh-- pot in so as to limit the operation of the section and in order to make Mr. MILLER. I do not want to interrupt the Senator if he does a discrimination against all interior points. Indiana, Ohio, 'Vest Vir­ not care to be interrupted. ginia, and Pennsylvania would ~11 he deeply affected by this arrange­ l\fr. SHERMAN. When the Senator says I am in favor of the same ment., and so with Iowa and other States; where the shipment is from rate per ton per mile over all roads or over the same roads owned by the a distance west of Iowa they would be affected by it. It seems to me same persons, he is very much mistaken; but when you speak of the that it would make the work of the committee more perfect, and these rates through the same places by the same road, the same ownership, words of limitation are put in here not in the interest oftbe principle I say if you adopt the rule that the long haul shall not be less than the of the section, but for the purpose of defeating it and restraining it. ~ori baul, as a matter of course you most carry it out to its logical se- Mr. MILLER. :Ur. President, I confess th&t I am not quite able to XVII-243 3874 CONGRESSIONAL RECORD-SENATE. APRIL 27,

4 understand the position of the Senato-r from Ohio upon this matter. This bill simply proposes to say in regard to the short and long haul that That is undoubtedly due to my own obtuseness in the premises. If I the provision shall apply to each initial starting-point. It undertakes understood him, two years ago when a similar bill was before the Sen­ to say that if a certain rate is made from Chicago to New York, it shall ate he opposed any amendment to it looking to the control of the long not be more from Chicago to Pittsburgh than it is to New York ovel' and short haul, but at the present time he proposes to support the prop­ that line; or if a rate is made from Chic:1go to New York over the Lake osition as it is now found in the bill. Howevert if I understood his Shore and New York Central, that the charge shall not be greater to argument, it was entirely in favor of the amendment proposed by the Albany from Chicago than it is from Chicago toNew York city or from Senator from West Virginia. and not in accordance with the provision any other station along the line. If you will come down to Cleveland, of the bill. it undertakes to say that the charge fixed from Cleveland toNew York When I :first began to investigate this matter in committee I confess city shall not be exceeded by the charge from Cleveland to Poughkeep­ that I was myself disposed to favor the proposition in precisely the sie or Hudson, N.Y., or to any other intermediate point; and you are to> same form found in the amendment offered by the Senator from West say in this bill that it shall bear an equal and exact relation t{) the Virginia; but after a careful and painstaking-investigation of the mat­ charge which is made from Chicago to New York. ter, after listening to the views of a large number of people concro·ned, These long lines of roads reaching from the Mississippi to the sea­ shippers as well as railroad men, I came to the concln~tion that we could board do not belong to any one corporation. There are several lines not afford to go further in this first measure than the proposition as running from Chicago to Cleveland, f~r instance, or to some other point found in the bill, thart is, limiting the charge for a short ha,ul from the and stopping there, and then connecting with another roa<,l which goes same initial <)r starting-point and in the same direction. I believe on to the seaboard. Can you undertake to say that because a road there is no difference of opinion so far expressed in the Senate as to the from Chicago to Cleveland,· fh connection with a. road coming east, is provision that this limitation should apply to freight moving in the willing to take a low rate of freigh~ and therefore secure to itself the same direction, and therefore it is not necessary to. discuss that at all. freight from the connecting road, when you go to Cleveland or t{) some It was believed by some of the collUiiittee that the provisions co~­ other point where it meets another .road, that other corporation shall t:a.ined in the :first section, fi:om lines 27 to 31, were sufficient, without be c®trolled in its charges by the charges which the railroad from Chi­ any short-haul provision whatever, and that the declaration there made cago to Cleveland was willing to make? Can you do that by this bill that all charges should be reasonable and just would, if fully carried or any other? You can not touch the State railroads of this country out and enforced by the commission, result in producing substantially at all. :r-.Ir. President, by this bill you only touch them where they the result which is sought to be brought about by the,provision fotmd run from one State to another, or where they issue bills of lading car­ in section 4, but it was :finally concluded th..~t it would be better that rying produce from one State into another or through one State into there should be ~e definite declaration upon this que tlon in regard another. It is impos.c;ible that you shall do this, and I deny_again that to making the charge for the short-haul no greater than for the long­ the proposition contained in section 4 is in the interest of the railroads . haul. As a result of that, section 4 was inserted. any more than it is in the interest of the shipper and the consumer; but I It has been assumed, .Mr. President, thus far by all the Senators who say that the other propo~tion, if it shall be carried out, will absolutely ha-.e di cussed this question, or who have spoken in favor of the amend­ destroy all competition Trom all points in the West or from all inter-. ment of the .Jenator from West Virginia striking out the provision as mediate points. to the initial point and also the pro~ision giving power to the commis­ I stated before in some rt;Jmarks I made on this bill that this pro­ sion to make special exceptions, that this amendment was in fuvor of vision in regard to the short and long haul was almost, if not precisely, the people and against the railroads. I deny it in toto. If tha.t amend­ in the same language as the 1-Iassachusetts law; that, in short, the com­ ment is adopted and tlk'lt provision is put in there it will increase the mittee substantially copied that law in putting it in here, andindoing earnings of the great railroads of this country 50 per cent. in the next it they had the judgment of the commission of Ma...c;sachusetts upon that year. . Unquestionably so, and that 50 per cent. will all come out of the point, that it was' safe to go thus far and that it was not safe to go producers.and consumers of this country. There can not be any ques­ further. tion about it whatever. Heretofore we h::t>ve trusted to competition to The Senator from ~faryland [M.r. Gom~rAN] undertook to tell the regulate freight charges in this country. In some directions it has Senate a few moments ago what Mr. Kernan, of the New York railroad worked well. It has brought about the cheapest railroad freights commission, had said, and thatthe rule adoptedbytheNewYorkcom­ known in the world. It has reduced the cost of transporting a bushel mission was precisely what t.hi provision would be if the amendment of of wheat from Dakota to New York to an infinitely small :figure. Let the Senator from West Virginia were to prevail. I undertook to say that provision pre-vail as suggested by the Senator from West Virginia, that the rule adopted by the New York commission is precisely the and yon will inevitably when the water communications are closed in­ 1\In:ssachnsetts law-that and nothing more and nothing else. Let me crease the rate of .freigltt upon flour and grain and prodace from tbe read it. West from 50 to 100 per cent. It is well known here that the State of New York has no law on this '.fhe railroads will take advantage of that provision, for this law is to subject, ·but it has an able railroad commission, before whom all com­ apply to every one of the great trunk lines; it does not touch a little plaints go and are heard, and who give recooiuneudations or decisions side road within the limits of a State; but it touches every one of the upon the questions. This commission in carrying on its work has had great corporations crossing this continent, every great corporation reach­ to make certain rules and regulations go-verning its own action; and ing from the Uississippi to the seaboard; and when you say to them all upon this one question it has evolved this rule, and it is a rule upon alike su.bstantially, ''Your local rates are to be almost in exact propor­ which it acts and hears all disputes that come before it: tion to your through rates,'' the railroad companies will meet yon by Railroads should not, as a genemlrule, charge more between a terminal and saying, "We must have sucharateforourthrough freight as will enable an intermediate point, for alikeclassandquantityof freight, than is charged be­ us to earn living dividends upon all the securities which represent our tween such terminal and a. more distant point. roads, no matter whether they are watered or bona fide." Put in that In the bill we have it ''from,he same original point of departure." provision as suggested by the Senator from West Virginia, and you will Thai is the language used by the committee in the bill. The languago strike not at the railroads, but you will strike at the farmer in theWest of the New York rule is: and the laboring man in the East. ').'hat is where it all comes. You Between a terminal and an intermediate point, for a like class and quantity of are to double or quadruple the revenues of the railroads of this country, fi·eight, than is charged between such terminal- and.competition ceases to be a regulator at all. That is, such original starti.J?g-point- I am entirely willing to admit that competition has, to a large ex­ and a more distant point, even though at such more distant point there be rail­ tent, failed, but we, I think, are not yet ready to legislate here that­ road or water competition, unless railroads can affirmatively establish such cir­ cumstance governing such competition as justify the h igher charge fo1· the there shall be no competition at all between the great railroads of this shorter distance. country. Certainly we can not afford to do that unless we go a step further and provide what shall be the rate upon all freights shipped In different language, it is precisely th·e provision of this bill. We from theWest to :the East. If the ~vernment is ready to come to the provide that whe:a starting from the same original point of departure point of :fixing the rate upon a bushel of grain from Kansas or Nebraska the charge sball not be higher. or Dakota to- New York, if it is willing to :fix it from every interme­ Mr. . CAMDEN. I ask the Senator from New York ifthat is not the diate point, then it may dispense with competition at once and wipe it exact provision of the bill when amended by sh·~g out_ "from the out. Perhaps we ma.y arrive at a time before long when we may know same original point of departure?" The bill as amended will be then enough of transportation, when we may understand this problem well in exact conformity with tbe rule adopted by the New York commis­ enough to do that; but up to the present time competition has wor}red sion. great benefits to portions of our country. It undoubtedly has, in many Mr. ~ULLER. It will be just as different from it as it is possible instances, worked injustice to individuals and to particular localities, for the English language to make it. and the committee thought they were going as far as it was safe to go Mr. CAMDEN. Where is the difference? in making the provision found in section 4. Mr. MILLER. The bill as it now stands says: SEc. 4. Thatit shall be unlawful for any common carrier to charge or receive Mr. President, there is nothing in that section-and I submit it to any greater compensation in the aggregate for the transportation of pnssengers the candid judgment of the whole Senate-which by any inference or property subject to the provisions of this act for a. shorter than for a longer gi>es a railroad company a right to charge five or ten times as much distance over the same line, in the same direction, and from the sa.me original for carrying a bushel of .grain 1,000 miles as it charges for carrying point of departure. ~ it 2,000 miles. There is no such inference to be found in the section. The Senator from West Virgini:l proposes to strike out the words 1886. CONGRESSIONAL RECORD-SENATE. 3875

'' and from the Eame original point ofdeparture.'' If I understand him, Mr. l\ULLER. The floor seems to have changed hands. Does the that is the amendment. No~, in place of" the same original point of Senator think that in the case which he has supposed there will be no departure" in the bill as we have it, the New York rule is" between remedy under the bill as it stands? . a terminal and an intermediate point, for a like class and quantity of ?!Ir. HARRIS. I havesaid nothingofthe kind; b~tthisiwill say: freight, than is charged between such terminal and a more distant If you refer me to another section of the bill to remedy the evil, I pro­ point.'' It does not mean going to the same terminal, but it mearis test. Strike out your fourth section altogether, because it is, I will not st..'trting from the same terminal, one of the termini of the road. It say worse than useless, but it is quite useless to insist on retaining it seems to me that that is as plain as it is possible to make the English in the bill. If it is only to apply to those points going in one direction language. Let me read it again: from the same starting-point, and all the points of shipment between Railroads should not, as a. general rule, charge more between a terminal and the original starting-point and the final terminus :rre to be utterly ig­ an intermediate point, for a like class and _quantity of freight, than is charged nored and the rule is not to apply to them at all, I believe I should lwtween such terminal and a more distant point. favor striking it out altogether. 'l'hat is the terminal in both cases, whether it went a long or a short Mr. l\ULLER. The Senator had much to do with making this bill, distance; the one terminal was the same, starting from the same point. and he knows very well that the case which he supposes would come l\Ir. CAMDEN. It does not say starting at the same point. It says under the clause of being an unreasonable and unjust char<,6e. He is between terminals. also well aware that under this bill the party making such an outra­ Mr. 1\IILLER. _ It says between the I'Cl-me terminals. geous charge would be guilty of extortion and could he punished under Mr. CA.l\IDEN. Does it say "the same terminals?" the bill whether the fourth section was in or not. The fourth section l\1r. :MILLER. If the Senator will take it and read it, I think he only goes _,tep further than the g.eneral provision, and undertakes to will agree with me as to the construction to be placed upon it. I have provide in certain special cases·that certain things shall not be done. not any doubt about it. The Senator thinks it does not go far enough. I think it goes as far I have very little more to say, Mr. President, in regard, to this, buti I as it is wise for us to go at this time_ But all these outrageous cases do not propo>e to have it go uncontradicted here that the amendment which the Senator has supposed and which the Senator from Kentucky as propo ed hy the Senator from West Virginia is in the interest of the proposed to us this morning, of a charg of $700 a car to a particular dis­ consumer and the producer as against the railroads. I have not uny tance on the Padfic road, and the case which the Senator from Mary­ doubt that if that provision should be adopted and carried out it would land has supposed, would all be brought underthedircctcoutrolofthc double the receipts of all the great trunk lines of this country, and that commission. If any person should make a complaint, the commission it would be used by the trunk lines as a reason for increasing the~ would investigate ir;, and they would undoubtedly :fiJ:nl that all sueh through rates. Undoubtedly they would be compelled to make such charges were unreasonable and unjust, they would find th:1t they were charges in all cases as would enable them in carrying their way freight extortionate, and the transportation companies would be punished for to make a proportionate charge, and still make a fair profit upon the making any such unjustorunreasonablediscril!linati::ons. Tbcreisnot value or the cost of the road. any question about it under the bill. l\fr. HARRIS. l\fay I ask the Senator from New York if in his opin­ Ur. BECK. I .hope the Senator from New York will allow me to ion these great trunk lines have been carrying their freight at less than make a suggestion or two. the actual co~ t of transportation? Mr. MILLER. Certainly. Mr. MILLER. I have very little information upon tha] subject. I Mr. BECK. I wish first to ask a question. I suppose the Senator have no positive knowledge because I am not in a position to be in­ from New York will agree that the low rates of tariff on long hauls, formed upon it, but if we are to take into consideration the dividends say from Chicago to New York, are only as low as they are because of or the want of dividends that have been made upon some roads and the sharp competition with some other competiDg common carrier. the fact that some of them have gone into bankruptcy, we must -be­ That being so, and it being agreed that it is not fair to exact exorbi­ lieve that there must have either been bad management or at times in tant rates from people at the intermediate points by charging them great railroad wara they have carried freights at less than the actual double and treble what i~ charged on the long haul, I should like to· cost of carrying them. know how the freight rates can be increased at the long-distance point, Mr. HA!{RIS. If in railroad wars, or under other circumstances, when they are brought to the low point they now are by competition no matter wh:\t, railroad compa-nies carry through freight at less than and competition a1olle, as notone penny less is charged now than is ab­ the cost of transportation, does the Senator think that it is right and just solutely necessary because of competition. Is not the present system that those companies should recoup upon the local traffic and compel of charges based upon the idea. that the rnilroads have the right to take the people who are at their mercy, because there is no competition, to all they can get from all people who have no other means of transporta­ make up the loss thus sustained? tion, and is it not ou;r duty to limit their power and require them to Mr. 1\.ULL:ER. Most certainly not, 1\Ir. President. That is one of conduct their commercial traffic among the States upon a reasonable the evils we are seeking to cure by the passage of this bill; that is one and just basis to all the people? of the greatest evils of the present system of railroading in this country, I do not propose to make a spe~ch, but, being on the floor, I desire to. and I have not any doubt that if this bill as it stands becomes a law, if say that for a long time the struggle in this body and in the other House the commission shall be appointed under the provisions of sections 1 was whether Congress had any right, under our power to regulate com­ nnd 2 even if section 4 were cast out of tL.e bill, that evil would to a merce, to interfere with railroad freights at alL That right was con­ very large extent be remedied. Certainly I am willing to go as far as tested, and has been contested, and perhaps will be contested now. the Senator himself in meeting any such evil as that. This bill if it passes ~n any form at least establishes that right. I do Mr. HARRIS. Now, I should like to say a word upon that particu­ not desire to go to the utmost limits of the power which I insist Con­ lar point with respect to the railroad wars, because they induce that gress possesses; but I desire to vote for some bill that will assert our condition of carrying freights at less than cost. While a railroad com­ power and settle our right to interfere when interference is needed. pany knows that it may carry through passengers at any rate, to illus­ I have argued this question oflong and short hauls before somewhat trate, from Chicago to the city· of New York for $1, yet when it takes elaborately, and I do not propose to do it now; bot on the 20th o.f Jan­ np a passenger 5 or 6 miles out of Chicago it can chargehim:fifteen, or uary, 1885, I observe by the RECORD which I hold in my hand that I twenty, or twenty-five dollars to recoup for the loss in carrying through showed in my speech on that day by reference to. an argument made by passengers; anLt the same rule applies to freights from Chicago to New the Senator from Nevada [Ur. FAIR], and by a speechof.Ur. Daggett, York. then a member of the House of Representatives, that itwasnounusual If the Senator will consent to strike out this language and assert by thing, indeed it was the rule, for th~ great railroads running from the law that the transportation company shall not charge more in the Omaha to San Francisco to charge $300 a car-load from Omaha to San aggregate for the short than for the long haul, he will do a gre..'tt deal in Francisco, and $800 for a car-load precisely similar from Omaha to Vir­ the line of preventing these cut-throat railroad wars and freight wars ginia City, which is six or eight hundred miles nearer Omaha than is that reduce freight rates and passenger rates below the cost of trans­ San Francisco on the line of the road. porting freight and passengers. With this language in the bill, that is That state of things seemed to me to be extortion and unjust discrim­ the exact effect of it. Take Washington city as the initial starting­ ination which Congress oughttopreventbylaw. It existed only because point, and you are shipping to the city of New York. Under the pro-­ of the power that those railroads had to coerce whate.-er they saw fit visions of the bill as it stands to-day you can not charge any mo.re from out of the people; and I see no reason now, unless the amendment ofthe Washington to Philadelphia than you do to New York. You may Senator from West Virginia is adopted, why that road may not have a charge as much. You can not charge any more from Washington to right to take up a car of freight at Cheyenne and charge $80(}to haul it Jersey City than you can toNew York. But suppose you want to ship to Virginia City, when it-is hauling-one exactly like it on the same train from Baltimore to New York. Under the provisions of the fourth sec­ from Omaha to San Francisco for 300, unless the words- are stricken tion as it now stands you may charge twice as much, you may charge out which it is now proposed to strike out, ''and from the same original ten times as much, to ship exactly the same character and the same point of departure." It is an outrage to cha.rge$800 a car from Omaha quantity of freight from the city of Baltimore to New York as you to Virginia City and $300 from Omaha to San Francisco for the same charge from the city of Washington to New York. car on the same train laden with the same freight. We propose to stop Mr. MILLER. Will the Senator now permit me to ask him a ques­ that because they start from the same original point of departure, a~d tion? yet it is argued that it is wrong to seek to strike out the words "and Mr. HARRIS. Of course I will. from the same original point of departure.'' I suppose the railroads wan1i 3876 CONGRESSIONAL RECORD-SENATE. AP~IL 27,

. to reserve the right to charge $800 a car still from Cheyenne or an·y other has propounded of" the charge of $300 from Omaha to Virginia City point to Virginia C'ity, which, under the la:nguage of the bill unless and of $800 from Cheyenne to Virginia City is simply a case which amended, they will have the right to do. may happen now, but which could not happen if this bill should pass I sought to aiD:end the bill of last year. I did not go as far as this precisely in the shape it is in without any amendment whatever. proposition goes now. My proposition, tho language of which I believe · In the first pl~ce, any such char~e would be unjust and unreasonable I have here, w~- and it would be extortionate, and it is prohibited under the first and That no ro.ilrorul shall charge for Jmuling over a. part of its line more than it second s~ctions of the bill as a discrimination against places, and it charges for hauling over the whole lengt~ of the line. would be unjust and unreasonable. In the ca.Sc supposed the fourth In other words, no charges for any lesser distances should exceed the section undertakes to make a definition of that case, and it provides charges for the whole length of the line. That is~ £1.ir proposition. that railroad companies shall not charge more from Omaha to Virginia · Under it the road might charge from Omaha or Cheyenne to Virginia City than from Omaha to San Francisco; going on the road two or three City $300 if it pleases, but it shall not chaTge $800 for taking freight hundred miles farther to Cheyenne, the bill would provide that the same . from Cheyenne to Virginia City, when it hauls from Omaha to. San railroad company should not charge more fi·om Cheyenne to Virginia Francisco for $300; and why it should l?e allowed, as it will be under · City than it charges from Cheyenne to San Francisco, precisely the same the bill unless amended as proposed by the Senator from West Vir­ rule which held in the first case; and there is no circumstance or con­ ginia, to charge still $800 for hauling from Cheyenne to Virginia City, clition of circumstances which could arise which would bring about the limiting it to $300 when it starts from Omaha, which would be several unjust discrimination which the Senator fro in West Virginia ins4wces hundred miles farther, I can not comprehend. I only use that case as here if this bill should pass. 'l'ha.t is just what th~ bill provides for in an illustration; there arc doubtless thousands of similar a.ses.. We the fourth section. · ought not to allow such unjust discriminations to exist anywhere. · 1\Ir. President, there are many important considerations raiscu by If we are going to do anything, we had better do something tha.t will this question ofthe long and short haul. ThefarmersoftheWestfind be effective and that will mean something. It was stated last year themsel-res to-clay confrobted in the grain markets of the worlrl with and proven before a committee ·of the other House in an argument by grain from India. If it were not for the cheap transportation existing a distinguished lawyer that the Pennsylvania Railroad was atone time to· day over our trunk lines and through the Jakes and by the Erie Canal, hauling coal from the mines of Pennsylvania to Baltimore through the we could not export our wheat at all, and if· it shall·turn out 'in a few · city of York, Pa., 60 miles nearer the mines than Baltimore, and cha-rg­ years that India by her im,pro-red railways and canals, which Great ing from a dollar to a dollar, and a half per ton more to lea•e the coal Britain in her wisdom is .bui~ding with great rapiditY. over that great at. York than it charged to carry the same quantity of coal 60 miles country, shall red nee the-costofca.rryinga bushel of wheat from India to farther to Baltimore in the same train and in the same cars. London 5 or 6 cents, we should find ourselves shut ofT from that market The result of that was shown to be ruinous to the city of York; no entirely unless we devise some new way of chea'pening transportation manufacturing eStablishment could be carried on in successful compe­ from.the--great'grairl fields of the West to the Atlantic. Ocean. Put in tition with another which had that adv:mtage in the price of coal, be­ this rigid provision offered by the Senator from West Virginia, stop all cause the dollar and a half a ton on the coal would settle the question competition between our great through lines, and, for almost eight between a profit n.nd loss when the e9mpetition was sharp, the trans­ months ju the year having no transportation by water, it will be ab­ actions large, ancl the profits small. It was shown, too, and proven be­ solutely impossible that we shall ship abroad either wheat or flour, and fore the House committee when the Reagan bill was ~nder consirlem.­ then the balance of trade which bas so long ruled in our favor will turn tion, that the railroads carry a bale of cotton from .1\Iemphis to New a~rainst us.· I 11ecclnot call to your mind, Mr. President, the terrible Orleans for $1, and charge $3 a. bale from Winona, :Miss., to New Orleans, eflects:w.bic1l came npon this country when for a number of years the which is 120 miles south of 1\Iemphis and that much nearer to New balance of trade was greatly against us. Orleans, on the same line. _ · Mr. HOAR. M:~y I ask the Senator whether it will not be equally. Why was that? Simply because the road was in competition with true.. nuder the section the committee have reported? other Jines by land or water from Memphis, and the railroad sought to ~Ir. MILLER. ·I think not. If I thought so, if I could be convinced make up its profit ou its watered stock, or whatever it saw fit to c ~•ll that that w'ere true, I would move to strike the section out, for although stock, by charging the people who live along the line and away from the farmers of New York and of New England and of ai-l the Middle other lines three times as. much for 120 miles less hauling than it did the States mve been. to a greater or less extent injured perhaps by the too people at the end of the line. Yet I think it is fa.ir to assume that it grea~ competition at times of tbe mil-road wars, yet I believe that the did not reduce its freight from Memphis to New Orleans one cent be­ people of the East do not desire to ha;\'e taken away from our peopl~ as .low what it could afford to carry for. .a whole_the..p()wer to expol'tonr surplus_wheat and produce. If the All that this amendment proposes, as I understand, is that no mat­ West can not find a market for its vast surplns; then New England, ter where freight is taken up along. the line of a road it shall not charge N'ew York, and Pennsylvania, will have no market for their manufact­ more than is charged for hauling it over the. same road for a longer ured products. We sell our goods to the people of the 'Vest, and we distance. Surely if the roads are alJowed on any part of the road to consume all that we can and all that we needoftheirwonderfulproduce; charge as much as for thew hole distance, the railroad can not complain. l>nt if you stop the shipment of the surplus abroad you will break down If you allow it to charge on any part of the road as much as it does the cntirc.West, you will break down its whole power to purchase the on the whole haul, whether it comes from Cincinnati to New York, or manufactured products of the East; and it w..ere better for us all that from Chicago to New York, or from Logansport, or anywhere else, that we should be.lookingtoward cheap transportation than thatwc should is all it can reasonably ask to be allowed to charge. If Congress is go­ in this bill by any provision shut off competition or destroy it. ing to do anything to regulate commerce, that much ought to be clone. If the Senator from Massachusetts will show me that this fourth sec­ The suggestion is made that we will b'reak down the railroads by. tion as it now st::.nds will bring about that result, then, for one, I say requiring them to haul long distances at low rates. No man will con­ I am ready to go against it; but after having considered it for a long tend that a.ny railroad is hauling from Minneapolis or any other point time in committee, after having studi'ed over it, I came to the conclusion West to New York now for one penny a ton less than it is compelled to that this was as far as we could afford to go, that we cap go thus far with­ flo by reason of competition. There are many elements tending to on t destroyingcompeti tion between the railroads themselves, only check­ cheapen transportation and yet allow profits to be made~ · ing it, and withoutdestroyingcompetition between the railroads and the An ordinary car to-day can now carry 20 tons as well as it could 10 gn~atwater ways of our common cotmtry. Further than that I believe tons years ago beea.use of steel rails and improved machinery, and the it unw1se to go. rails will wear 'ten times ~ long now as they would before the im­ 1\Ir. CONGER. Mr, _President, I am in favor of this amendment to proved rail was used. That of course brings down the rate of freight, strike out the clause "and from the or.iginal point of departure," and as we all know. There are many other elements that enter into the leave the foru·th section as it stands, prohibiting the charging of more cheapness of transportation, but I do not propose to argue these ques­ freight on the sn.me road and in the same direction. With that. last tions now. I only deshed to say that I shall vote for this ame,ndment. clhuse in that section is a perfect snare and. delusion, and I do not I can Sc;!e no good reason against it. know for what purpose a provision is inserted here that shall leave I repeat, there never was any good reason w by the discrimination I have certain great points of shipment preser-red and protected with all their referred to as existing on the Pacific roads and the Pennsylvania road privileges, and a higher charge made upon every intermediate point or the Memphis road should be tolerated. It is not fair, and it ought betwee:Q. those points of shipment and the market. not to be allowed. If we mean to regulate commerce at all, that is cer­ Who put in this provision? It is not found in the report of any of tainly one of the things we ought to prohibit railroads from doing, ·if we the commissioners of any of the States. Who provided that Chicago are ever going to curtail their power.and assume any sort of jurisdiction should l>e the point of departure, and that every point between Chicago over them. If we are going to. do anything, let us protect the people and New York where a shipment was made should be liable to :my and who are at their mercy and ha.ve heretofore had to pay whatever they every increased charge? But the Senator says the first section covers saw fit to demand. Unless Congress steps in and says, "You shall not all this. Sir,-! am a plain, ;matter-of-fact ~ind of man, and look upon be guilty of extortion on those people simply because you have them these questions as I see them in aetual every-d~y life. What does the in your power," there will be no end to their exactions. I think the Senator from New York propose? amendment proposed by the Senator from West Virginia [Mr. CAl\IDEN] From Chicago there is a certain p:rice on flour to New York. In the tends to check them; therefore I hope it will be adopted. State of :Michigan, at an average of one hundred miles east, on two of Mr. MILLER. Mr. President, the case the Senator from Kentucky the great through lines to New York we have splendid water power, 1886. CONGRESSIONAL RECORD-SENATE. 3877

and all around it the finest grain-producing region in the world. The charge just as much as theywonld from Chicago; we do not complain, southern tier of counties of Michigan all through the country until the people do not complain, to have to pay so much more now than is these railroads pass out of Michigan into Indiana., or from Indiana to paid from the terminal point, as it is called, the original point of de­ Michigan coming from the west, arc noted the world over for producing parture oflike freight. The Senator from New York forgets that this wheat, oats, and all the cereals in abundance and in greater amount same law applies to every road. .He says the competition of roads keeps to the acre than almost ::my other part of the world except some of the down the prices now, but if you strike out this clause it will raise the newer regions. prices from every point. _ He forgets that this measm:e applies to all There we have in Michigan 100 miles east of Chicago, along the lines roads from all points; that every ·road leading from Chicago to New of two of the great through routes, the Michigan Central and the Michi­ York has this application and e'very road leading from the Mississippi gan Southern and Lake Shore, the finest water-power that can be used to to Chicago has this application. There ·are certain points where the convert wheat into flour. All around we have the material for making great grain fields of the West pour out their treasure on certain roads the b:1rrels in which to incase that flour and send it to market. And that convey them entirelythrough to the market or concentrate them yet for years past and under the provisions of this bill, without this in other points. . Chicago is a great point, Saint Louis is agrrot point, clause being stricken out, the millers of .Michigan have been charged so Saint Paul is a great point, the points along the Mississippi are great much from Niles and other points in that State for shipping their flour points. at ~he rate of :five hundred or a 'thousand barrels a day from the S!l.me ~berever the prodnee or like kind of freight starts from any of these vill:lge toNew York, that they have been compeUed, in order to transport far-off points for a common market in Boston or New York this meas­ their flour to New York, ·to pay the transportation of that identical flour ure applies, and it says you shall not stop in the middle of a State and to Chicago, and so from every little town within 100 miles, have it charge more for carrying freight 100 miles tha,n you do for carrying warehoused there, transferred to th.e railroads there, and there they can it 500 miles. The bill as it stands now is in.the interest of the great - make a contract to ship it to New York cheaper than they can ship it cities of the West and. it is against the rural districts everywhere. from these points easterly over the same road to New York. The ad­ There are a great many people in the cities. They sow not, neither do ditional co~t to our citizens there of a transportation 100 miles west in they spin. . All between these cities and all through are the farmers, order to get to a competing point in which they can make contracts to the laboring men, the men who toil, and whose labor brings from the ship to the East is a burden. Our farmers who sell their grain to these, ear~b the hounj,iful productions of nature, and then the cities reap the millers get the price, deducting from it wkat it costs to ship it back to reward in the exchanges and transfers and the accumulations w hicb they Chicago and to ship from there to New York, and the same holds good take from the rural districts in excessive charges. with regard to wheat in the bag or in bulk. . But I need not dwell upon that. The Senator from Ohio presented . Our farmers can not understand these fine-spun notions of the Sen­ that matter very fairly, as the Senator from Kentucky has done, and ator from New York. They can not understand the fine-drawl\ argu­ the Senator from Maryland, and the Senator from West Virginia who ments of the Senator from Illinois. They can see why from Illinois presented this amendment. · and from Chicago the Senator might desire to have this bill, but they Some Senators say it is enough that we have in the first section. of can not understand how in fairness peopl~ advocate such a measure as the bill a general saving clause. General saving clauses are beautiful this when they are compelled to pay at least one-quarter if not one-half things to lean back upon ancl repel any attempt to make safe and sound more for getting their grain over the same road 100 miles nearer toNew and decisive provisions in a bill. What good does that general clause .:York than they do from Chicago. about excessive charg~s and extortions do to the man who labors in th9 Mr. MILLER. May I interrupt the Senat-or from Michigan? grain field and in his mill all the year round in my State, if there are Mr. CONGER. The Senator: from New York is a bold manll!nd can two or three or fi'!'e or ten times the charge made by a railroad upon stanq any interruption, but I am a modest man. his products, so that he is compelled to sell cheaper in Michigan than Mr. MILLER. The Senator from l'liichigan is challenging the Sen­ he would in the far-off corner of Dakota? What good does it do to ator from New York to answer certain questions and will not allow him? Does the observation or experience of any man show that it is them to be answered. a profitable business to engage in combating a railroad company? Is Mr. CONGER. The Senator from New York can wait for a few that ·the place for. the laboring man, for the small shipper, or the minutes. · producer to contest hi:s rights? :j\{r. MILLER. I was simply going to make a suggestion at this time. Sir, it is holding out a hope that there is some law passed which will Mr. CONGER. I can not understand, and I say the plain farmers of protect the i·ights of men when you refer them to a general provision in Michigan and the millers of 1\fichigan can not understa.nd these fine­ a law that a railroad company shall not make unjust charges. How can spun notions that arise in the Eastern school and that arise in the West-. they follow it up in the courts? With the diminished price of their ern school They do not know why there should be a deduction of 10 wheat and flour, what surplus money have they to follow up railroads cents a bushel on the grain raised in Kalamazoo County and in Cass or go befor~ commissioners, or bring suits to recover back the extor­ County and in several of those southern counties of Michigan through tionate charges which bave been made? which these two lines of milroad l'Un, and why there should he 25 cents Sir, l want a law that plain people can understand, and I want a · more charged on a barrel of flour when they are a hundred miles nearer law which will protect the common man in the United States and in to market and ship it at their own expense back to Chicago and it comes my State. The rich can take ca.re of themselves. Corporations can right back over the same road in the same car. They do not under­ fight against corpomtions. The time has come in this country when stand it, and I do not. I have been in Congress long enough to have generalities, glittering or otherwise, will not satisfy the demands of the beard of all these sophistries and all these ~akeshift arguments to have people. The time has come when, if Congress undertakes to pass a law my mind confused· and twisted about, but I am plain to say that I can for the benefit of the community, it must be positive, decisive, incisive, not understand what objection there is to allowing the people of Michi-· direct, plain, and easily understood. That is what we want here. gan to get the samepricefortheirgrain, sofarasshipmentisconcerned, This professes to be a law to govern railroads and to protect the com· and for their flour 100 miles nearer New York, or why they should be munity against them, not to .protect railroads against each other. compelled tO pay the expenses of shipping it back to Chicago in 9rder There is nothing in the whole bill that protects one railroad against an­ to get a rate from Chicago as cheap as the Chicago people have. other. They can take care of themselves. There are provisions in the Nobody has answered that kind of talk. No man can answer the billJ and I call the attention of Senators now in these brief remarks to plain, common-sense question of my constituents who have been ask­ them, which attempt to make every boat and every vessel which carries ing for years about charges and extortions which they have suffered for freight which has been brought by a railroad, or which at the end of its years and are suffering to-d'ay. voyage sball be taken to a railroad, come under the provisions of the The railroad men, the representatives of railroad men, do not want the bill as a common carrier. It is dangerous; it is insidious. At the· pending amendment made to strike out that clause. The Senator from proper time I intend to consider those clauses of the bill. I am now New York ~:tys that it will increase the charges and fill the treasuries speaking in reference to the pending amendment, and I approve of it of the railroads if the clause is stricken out. That is attacking us from most heartily. I had an amendment which I was about to propose in a different quarter from what I suspected; and yet there is not a rail­ a different form, but which would ~ accomplish the same object. Much road man on this floor who advocates the striking out. There is not as I desire to support some bill as good as we may frame it, without the representative, the acknowledged representative, of a railroad in this amendment I shall not only vote against the bill itself, but will the Senate nor in the House, there is not a man representing a railroad oppose it with all my power. There is no threat in that; lam bntonc as one of the great interests of his State except the Senator from New among the great mass, but my vote is within my own control. York, who has pretended that the striking out·of this clause will fill There are other provisions in the- bill in regard to water transporta­ the treasuries of railroad companies. I can not see how it is possible tion, and I say that if all the railroad presidents of the great through that it should be so. I believe that this provision in section 4 control­ lines in the United States had assembled together in common council ling the 'prices of freight on the railroads, that there shall be no greater and bad sat for weelrs to devise the best means of destroying the com­ freight for a short ha:ul than for a long one, is in the interest of the pet.itinn of water transportation they could not h~ve done it more ef­ farmer, of the wheat-grower, of the corn-grower, of the cattle-raiser. fectively than is done in this biB. I made some comments upon the I think it is to the interest of the miller and of the producers of all general provisions of the bill .us to all kinds of vessels and in regard to kinds. I belie:ve it equalizes rates. an amendment to tbe bill as to all kinds of water communication from My friends here say that taking Chicago, :for instance, as a starting­ the greatest to the lowest. The bill provides that wherever transportc'\.­ point, we do not complain that half way to New York the railroads tion is partly by rail and p:u·tly by water in a cont.!nuous transporta- 3878 CONGRESSIONAL RECORD-SENATE. APRIL 27, tion, no matter if the vessel is _a, single hooker owned by a man, or tions' for every man who may tak~ grain which has been brought by rail whether it is part of a. line, a permit shall be obtained from these com­ to any lake or to any river and carry it into the line of transportation missioners to carry that load of grain. toward the seacoast and where another railroad can take it up. If he Every vessel on our lakes that takes up freights that would come on ventures to carry grain to a foreign port on the lakes the owner or a railroad, if they are going to a foreign country or if they are going master of the boat is liable to arrest and fine and imprisonment for to another place where a railroad shall continue to carry it, is subject carrying it there. to all the conditions of the road. A railroad would desire nothing bet­ Oh, sir, if the people of illinois and Iowa and Michlgan and Minne­ ter than to lay the cold steel grasp of the law upon water transportar­ sota and all the Southern States which have these great rivers running tion, just as in the winter the cold frost binds up the lakes and the through them could only know what evils are contained in that little rivers of the North. This is better than frost; this is better thari ice; clause connecting water courses with·railroads in a bill solely and pro­ this brings the water transportation of the country under the control fessedly made by their command to govern and regulate railroads, it oft!le same la.w and the same regulations as the railroads themselves. would not be a nice country for Senators who vote fori t to pass throngh. During the summer season, on account of the lakes, the transportation The people would not touch them. The very scorn which they would by rail is reduced to such a low limit-that it is admitted that it is put upon them, the indignation, the sullen pointing of the finger would scarcely profitable to carry the grain. This bill will compel the freights make a. man unfit for his duties here who did it, and would make him on vessels to be even all through the line, necessarily so, and it gives unfit for happiness anywhere. But they do not understand this bill, the railroads the control of that competition which has proved so vai­ and I am not able at this time to meet all the sophistry and all the uable to the whole United States. eloquence of the Senator from Connecticut and the Senator from llii- , Sir, we have paid out in the last thirty years nearly $200,000,000 in nois with which it is imposed upon other Senators here. If there be one form or another, eijher by improving rivers, improving harbors, time I intend to analyze those provisions more in their order on some building light-houses, or deepening channels. In all the ways that we other occasion. I throw off this little note of warning to those who may benefit navigation, the Government has paid out over $200,000,000 will couple the water transportation to the railroad systems as they are to improve our water communication all over the United States-the coupled in this bill, and say that if the bill passes, when it is under-, waters that empty into the Atlantic, the waters that empty into the stood, they had better hang their harps upon the willows that run by Pacific, the waters that empty into the Gulf, the waters that enter into the rivers and sing the doleful song that despairing men do sing who the great lakes. . have to meet an enraged constituency. Wherever there was a highway which nature and natu.re's God had I have said all I want to say on this subject just now, and until to­ proYided as the highway for the citizen, rich and poor, to use alike with morrow or some future occasion, for I take it this bill will hardly be his own vessel and in his own mode of transportation, we have paid out in a situation to be adopted for some days if not weeks hence, unless thesehundredsofmillionstoimproveitandmaketransportationcheaper, there ~re very radical changes made in it. I merely make these little and are doing H day by day and year by year. In my judgment, there fugitive suggestions for the consideration of those bold men who with has been no expenditure of money of the United States from the com­ so wild and firm a. grasp would lay their ~ds upon the people's hlgh­ mencement of the Government until now which has been so abun­ ways and water communications of the country, and. chill them worse dantly useful and desirable to the great mass of the people of the United than frost and worse than ice. States as all these expenditures and appliances to make safe and com­ Mr. MILLER. It is not the first time, sir, that the Senator from fortable and cheap the water navigation of this country. To-day, and Michigan has by intimation and "by innuendo charged Senators upon in all the days to come, whether cars shall be propelled by steam, or this floor "with representing monopoly interests. He stated at the whether some more powerful and cheaper motor can be invented by openin~f his remarks that no Senator who represented corporations which half the expense of that transportation may be reduced through and monopoly interests here had either moved to strike out or favored all time to come, in this land of ours and on .this continent of ours the the striking out of the provision in the fourth section relating tO the water communications, the highways of the people, the easements upon initial starting-point. I wish the Senator wo~d deal. not in intima­ which they may go in their own craft, in their own manner, free as the tions and not in innuendoes. I think it hardly fair that he should do air, will be the great enemies of monopolies; they are the great protec­ it. If he desires to charge any one, and particularly if be desires to tion of the people against the extravagance of monopolists and of extor­ charge me, with representing upon this floor any" monopoly or any cor­ tionists. poration interest or any interest rather or other than that of my whole This bill by one fell sweep places that under the control" of commis­ constituency, I want him to be bold enough to do it openly and by sioners, with a requirement that everybody who goes upon th{)se high­ · name, and then I ~hall properly answer him. Until he does that, I ways shall have a license, and punishes by fine of from $500 t6 $5,000 refuse to recognize or to answer either insinuation or innuendo. any man who dare go upon these great water communications without The Senator, passing_ on from that, has misrepresented this bill in al­ a license. -If the bill passes with the provision in it which it is pro­ most every feature. There is no provision in it calling for a license upon posed here to strike out, and if it passes without an amendment in re­ any vessel or boat floating upon our lakes or our great rivers. There is gard to the conti·ol of the water courses of the country, I say to Sen­ no such provision in it. The Senator has simply repeated the speech ators there is no need of passing any more river and harbor appropria­ which he made the other day against the amendment of the Senator tion bills. I say there is no need of erecting the beacon-light to warn from New Jersey [Mr. SEWELL] providing that licenses should be ves.

shipping of the lakes will come in and control the rate of freight. It rates, fares, and charges as provided in this section, or any part of the snme, such can not be otherwise. common carrier shall be- Undoubtedly great injustice has been done to localities and to inte­ Liable to suit. It also provides that any such common carrier taking rior points by our railroads up to the present time. This bill is the freight from one place to another partly by rail and partly by water outgrowth of an attempt to prevent that. The com.n;rittee honestly may become liable if he violates any of the provisions of the bill to a believe that it will to a large extent do it. Whether it will do it abso­ ~e of $5,000 and imprisonment. The Senator says I have mistaken lutely or not, I am not prepared to say. The case which the Senator this bill entirely. What odds is it whether it is a license or not if it supposes of shipping flour or grain from Grand Rapids or some other is made subject to the provisions of the bill? I will leave to .any one point j.n Michigan to Chicago and shipping back through Buffalo is only to read the bill to see who is right. because there is rapid and cheap water transportation by the great Mr. COKE. 1\fr. President--- lakes; but that the railroads should charge more from Grand Rapids 1\Ir. CULLO:M:. Before the Senator from Texas makes his motion I to New York than they charge from Chicago to New York is wrong, of simply desire to announce, as the session is rapidly passing away unless course, and I have no doubt that under the provisions of this bill that we mean to sit here through the hot weather, that I shall insist to-mor­ , wrong will be righted. row on continuing here until we dispose of the bill. Perhaps we may discover somewhat the animus of the Senator from EXECUTIVE SESSION. Michigan upon this question when we remember some of his speeches Mr. COKE. I move that the Senate proceed to the consideration of upon the river and harbor bill heretofore, when he has told us that his executive business. own State had as large if not more ~ast, if I remember correctly, The motion was agreed to; and the Senate proceeded to the consid­ than is to be found upon the whole Pacific or Atlantic coast taken to­ eration of executive business. After twenty minutes spent in executive gether. Almost every important point of Michigan is touched by the session the doors were reopened. · lakes, and l\Iichigan more than any other State can do without any railroad competition; it can do without any rnilroad control, for it has PAPERS WITHDRAWN AND REFERRED. to go but a litte distance to find a seaport or a lake port from which, On motion ·of Mr. CA.~ EN, it was , through the generosity of New York, it may get the grain to the At­ Ordered, That the papers on file granting a pension to J. S. Hall, by special act of Congress, passed June 18,1878, be withdrawn, and referred to the Commit­ lantic ports and to Liverpool cheaper than any other State in the tee on Pensions. Union. But what shall we say of Dakota, what shall we say of Kansas, and On motion of Mr. DOLPH, it was Ordered, That the papers relating to the claim of George Brown be taken from Nebraska, and many other of the interior States, which have neither the files and referred to the Committee ou Claims, subject to the rules of the rivers nor forests? Is there to be no protection for them? Is there to be Senate. no honest effort in this bill to somewhat regulate the railroad transpor­ .Ali:IENDMENTS TO APPROPRI.ATION BILLS. tation of this country and to see to it before an honest and able com­ mission that there shall be no unjust discriminations? The people of Mr. DOLPH submitted an amendment intended to be proposed by the interior and the great West are interested in this question more than him to the Army appropriation bill; which was referred to the Com­ the people of Michigan, and I know that they through their representa­ mittee on Appropriations, -and ordered to be printed. tives as they came before the committee were most anxious that there He also submitted an amendment intended to be proposed by him to should be some control of this kind. the sundry civil appropriation bill; which was referred to the Com­ The bill does not undertake in any way to compel the steamers or the mittee on Appropriations, and ordered to be printed. sailing vessels upon our great lakes or upon our great rivers to submit Mr. EDMUNDS. I move that the Senate adjourn. to the control of the commission except as they form a continuous line The motion was agreed to; and (at 5 o'clock and 57 minutes p.m.) with a railroad company. It is believed by all the committee that such the. Senate adjourned. a control as that is just and proper, for many of our great through lines strike the lakes at Buffalo, Cleveland, Toledo, and other points, and by NOMINATIONS. running their own great ve..."Sels, plowing the lakes, theymakea.continu­ ous line to Milwaukee, to Chicago, to Duluth, or to any other point Executive nominations 9·eceived by the Senate tlds 21th day of April, 1886. upon the lakes; and if the commission does not take hold ofthewhole UNITED STATES CONSULS. will through line, then the commission be of no use whatever and can Thomas C. .Jones, of Kentucky, to be consul of the United States at have no control whatever. Funchal, vice Firth Charlesworth, resigned. But the bill does not undertake to require any of the steamers, or any Andrew F. Fay, of Illinois, to be consul of the United States at of the sailing vessels, or any of the fishing smacks, or any of the boats Stettin, to fill a vacancy. · which engage as common carriers in this country to procure a license from the commission before they can do busini(SS. I can only believe RECEIVER OF PUBLIC MO~""EYS. that when the Senator from Michigan made this charge he made it in­ Patnck 0. Malley, of Menasha, Wis., to be receiver of public moneys nocently, thinking that the amendment to which he spoke the other at Menasha, -vice James H. Jones, whose term of office has expired. day was actually in the bill. But there is no snch provision in it. Mr. President, I have said what I have because I felt the language 1\I.ARSH.AL OF THE UNITED STATES. of the Senator from Michigan as unjust to mysel~ as unjust to all the Reuben B. Pleasants, ofLouisiana, to be marshal of the United States members of the committee, who labored long and hard the whole sum-· for-the eastern district of Louisiana, vice John R. G. Pitkin, eommission mer to get at the views of the leading shippers and the producers and expired, in lieu of previous nomination in place of the suspended officer. consumers of the country. This bill is the result of their work. It POSTMASTERS. may not be perfect; doubtless it is not perfect; but it is an attempt to William T. Dowdall, to be postmaster at Peoria, Peoria County, Illi­ see that justice is done to all our people in connection with the great nois, 'l-ice ·washington Cockle, suspended under the provisions of the railroad corporations of the country. one thousand seven hundred and sixty-eighth section of the Revised :M:r. COKE. I move that the Senate proceed to the consideration of Statutes, John Warner, who was designated and also nominated to the executive business. · Senate, having resigned, and the nomination having been withdrawn. :Mr. CONGER. I desire, if the Senator from Texas will permit me, Charles 0. Thiebald, to be postmaster at Vevay, Switzerland County, to read one clause, as I have been attacked for making a statement here Indiana, vice Alfred Shaw, commission expired, in lieu ofpreviommom­ which is not in the bill. I will occupy but a moment. ination in place of the suspended officer. The PRESIDENT pro tempo1·e. Does the Senator from Texas yield? John W. Fletcher, to be postmaster at Battle Creek, Calhoun County, Mr. COKE. .It is now growing late, and-- · Michigan, '!-ice William Wallace, resigned. Mr. CONGER. I will only read two or three clauses, without com- Charles T. Curtis, to be postmaster at Helena, Lewis and Clark ment, in answer to the Senator from N~w York. · County, Territory of Montana, vice David H. Cuthbert, resigned. Ur. COKE. I will yield for a moment. J. Holmes Patton, to be postmaster at Brownsville, Fayette County, Mr. CONGER. The bill says: Pennsylvania, vice John Nelson Snowden~ commission expired. That the provisions of this act shall apply to any common carrier or carriers Stephen D. Jeffries, to be postmaster at Clark, Clark County, Terri­ enga~ed in the transportation of passengers or property by railroad, or partly tory of Dakota, vice Samuel H. Elrod, resigned. by railroad and partly by waterwhdil both are used for a. continuous carriage o.r shipment. ·william Gi.lnmn, to be postmaster at Chamberlain, Brule County, Territory of Dakota, vice John H. King, resigned, to take effect June Not a. continuous line, a continuous control, nor anything like that, 1, 1886. but where the same freight goes partly by rail and partly by wa.ter. J. J. L. Peel, to be postmaster at Spokane Falls, Spokane County, 1tir. PLATT. Does not the Senator see that the provision does not Territory ot: Washington, vice Sylvester Heath, commission expired. apply either to railroad or to water communicatio;J, but to common carriers? · • FOR PROMOTION IN THE AR!IY. Mr. CONGER. It applies to the common carrier who carri~ any­ Third Regiment of Infantry. thing, but is proceeding partly by rail and partly by water. It applies Capt. George E. Head, to be major, April 20, 1886, vice Jordan, pro­ to a carrier by water. Perhaps I made a mistake in speaking of a li­ moted to the Nineteenth Infantry. cense. That was not intended, but it provides that- First Lieut. John P. Thompson~ to be captain, April 20, 1886, vice !{ any common carrier shall neglect or refuse to file or publish its tariffs of Head, promoted. • 3880 CONGRESSIONAL RECORD-SENATE. APRIL 27,

Second I..ieut. Francis P. Tremont, to be first lieutenant, April20, James C. Allen, to be postmaster at Olney, Richland County, illinois. 1886, ti ce Thompson, promoted. • Thomas 11!. Ludlam, to be postmaster at Millville, Cumberland Eighth Regiment of I,nfantry. County, New Jersey. P. B. Gavin, to be postmaster at Corning, Adams County, Iowa. First Li~ut. Cyrus A. Earnest, regimental quartermaster, to be cap­ Marshall Birdsall, to be postmaster at Emporia, Lyon County, tain, April19, 1886 t1ice Andrews, promoted to the Twenty-first In­ Kansas. 1 Oscar B. Harriman, to be postmaster at Hampton, Franklin County, fantry. Iowa. EIGHTEENTH REGrnENT OF I~~ANTRY. COLLECTORS OF INTERNAL REVENUE. Lieut. Col. John E. York, of the Twenty-fourth Infantry, to be colonel, D. Frank Bradley, of South Carolina, to be collector of internal rev­ April19, 1886, vice Ruger, appointed brigadier-general. enue for the district of South Carolina. l'HNETEENTH REGDfENT OF INFANTRY. The above confirmation was accompanied by the following report Maj . William H. Jordan, of the Third Infantry, to be lieutenant­ from the Committee on Finance; which was ordered by the Senate to colonel, April 20, 1886, t•ice Bliss, promoted to the Twenty-fourth In­ be printed in the RECORD: f.'Ultry. ' The Committee on Finance have bad under consideration the nomination TWENTY-FffiST REGIMENT OF INFANTRY. (No. 871) of D. Frank Bradley, of South Carolina, to be collector of internal rey­ enue for the district or South Carolina, in place of Ellery M. Brayton; suspended, Capt. John N. Andrews, of _the Eighth Infantry, to be major, April and, so far a.s they have been able to obtain the bformation, they find t-hat D. 19, 1886, vice Pearson, promoted to the Twenty-fourth Infantry. Frank Bradley is a fit and proper person to discharge the duties of the office, and that there are no charges or papers on file refiecting upon the character of TWENTY-THIRD REGIME~T OF INFANTRY. Ellery M. BraytQn, suspended, as will appear from the following letter of the Se()o 1·etary of the Treasury : Second Lieutenant Stephen O'Connor, to be first lieutenant, April1, TREASURY DEPARTMENT, March 18, 1886. 1886, vice Bolton, appointed regimental a.djul.ant. Sm: Your communic:1tion on behalf of the Finance Committee of the Senate, TWENTY-FOURTII REGIMENT OF INFANTRY. dated March 17, 1886, asking whether or not "there are any charges· on file against the offi.cial or moral character of Ellery 1\I. Brayton, late collector of in­ Lieut. Col. Zenas R. Bliss, of the Nineteenth Infantry, to be colonel, ternal revenue for the district of South Carolina, suspended," is received. - April 20, 1886, vice Potter, appointed brigadier-general. In reply tberetQ-I have the honor to state that, so far as this inquiry relates tQ a sflspension from office, I feel bound by the rules laid down in the President's Maj. Edward P. Pearson, o the Twenty-fust Infantry, to be lieuten: recent message to the Senate upon the general subject of such suspensions. ant-colonel, April 19, 1886, vice Yard, promoted to the Eighteenth In­ But in order that I may surely act within the requirements of the statute relat­ fantry. ing t<> the furnishing by this Department of information to the, Senate, I beg leave to remind the committee that the office referred to bas no fixed term attached to it, and to further state that the President is satisfied that a change in the incum­ bency of said office will result in an improvement of the public service, and that COJ\TFIR~IATIONS. the policy of the present administration will be better carried out by such cbaoge. ~he ExecJ,U.i-ve nomination con.finned by Senate, .April12, 1886. Except as the same may be involved in ~ these considerations, no papers con­ ta ining charges reflecting upon the official or moral character of the suspended POSTMASTER . . officer mentioned in your communication are in the custody of this DcpM·t.Jnent. E. Zimmerman, to be postmaster at Valparaiso, Porter County, In­ Respectfully, yours, D. 1\IANl\'lNG, Se cret ~ ry. diana. Hon. Jus TIN S. 1\foRRILL, Executive nominations confirmed by the Senate, .April21, 1866. Chai1-man of the &nate Committ:e 01~ Finance. FOR APPOINT.:\IENT IN THE ARMY OF THE UNITED STATES. A resolution, as follows, was unanimously adopted by the Committee on Finance, April 6, 1886, in relation to this and all similar letters to the foregoing: Capt. John W. Clons, of the Twenty-fourth Infantry, to be judge­ " Resolr;i!d, That the letters of the Secretary of the Treasury to the Committee advocate, with the rank of major, April1, 1886. on Finance, dated 1\Iarch 16, 1886, or subsequently, in relation to the suspension of collectors of internal revenue, should be 1·eceived and held as honest declara­ FOR PROMOTION IN TllE ARMY OF THE UNITED STATES, 1\IEDICAL tions made in good faith that there are no charges or papers on file in the De­ partment refiecting in any manner against their moral or official corrduct or DEPARTMENT. character." Col. Joseph B. Brown, surgeon, to be surgeon with the· rank of Under this statement of facts, and the fact that there is no fixed term attached to the offioeof collector of internal revt!nue, the committee recommend the con­ colonel, January 24, 1886. firmation of Mr. Bradley. Major Anthony Heger, surgeon, to be surgeon with the rank oflieu­ tenant-colonell Jannary 24, 1886. August H. Ku.hlemeier, of Iowa, to be collector of internal revenue for the fourth district of Iowa. ASSISTANT TREASURER OF THE UNITED STATES. The above confirmation was accompanied by the following report from Samuel Flower; of Louisiana, to be assistant treasurer of the United the Committee on Finance; which was ordered by the Senate to be States at New Orleans, La. · printed-in the RECORD: ASSAYER .AND 1\IELTER. The Committee on Finance have bad under consideration the nomination to (No. 851) of August H. Kuhlemeier, of Iowa, to be collect<>r of internal revenue Robert P. Waring, of North Carolina, be .assayer and melter of for the fourth district of Iowa, in place of John W. Burdette, suspended, and, so the United States assay office at Charlotte, N. C. far a they have been able to obtain the information, they find that Angust H. UTAH Kuhlemeier is a. fit and proper person to discharge the ·duties of the office, and GOVERNOR OF TERRITORY. that there are no charges or papers on file refiecting upon the character of John Caleb W. West, of Cynthiana, Ky., to be governor of Utah Terri- W. Burdette, suspended, as will appear from the following letter of the Secre- tory. · ·tary of the Treasury: . · , TREASURY D:EPA.R'niE!IT1 March 17, 1886. REGISTER OF THE LAND OFFICE. Sm: Your communicatiou on behalf of the Finance Committee of the Senate, Cyrus P. Shepard, of Worthington, Minn., to be register ofthe land dated March 16, 1886, asking whether or not "there are any charges on file against the official or moral character of John W. Burdette late collector of in- office at Worthington, Minn. 1 ternal revenue for the foartb district of Iowa, suspended," 1s received. I POSTl\I.ASTERS. In reply thereto I have the honor to state that, so far as this inquiry relates t{) a suspension from office, I feel bound by the rules laid down in the President's John D. Smith, to be postmaster at Bedford, Taylor County, Iowa, Fecent message to the Senate upon the general subject of such suspensions. T. M. Lynn, to be postmaster at Grundy Centre, Grundy County. But in order that I may surely act w ithin the requirements of the statute re­ lating to the furnishing by this Department of information to the Senate, I beg Iowa. leave to remind the committee that the office referred to has no fixed term at­ Jason K. Wright, to be postmaster at Marinette, Marinette County, tached to it, and to further state that the President is satisfied that a change in Wisconsin. · the incumbency of said office will result in an improvement of the public Rerv­ ice, and that the policy of the present administration will be better carried out by Josiah G. Dearborn, to be postmaster at Manchester, Hillsborough · such change. County, New Hampshire. · Except as the sa.me may be involved in these considerations, no papers con­ Sanford H. Potter, to be postmaster at White River Junct~on, Wind­ taining charges reflecting upon the official or moral character of the suspended officer mentioned in your communication are in the custody of this Department. sor County, Vermont. Respectfully, yours, Augustus F. Cummings, to be postmaster at Dedham, NorfoJk County, D. MANNING, Secretary. Massachusetts. llon. J USTIN S. MORRILL, James W. Rand, to be postmaster at Weymoutp, Norfolk County, Chai1·m.an of the Senate C01mnittee 0 1~ Finanee. Massachusetts. A resolution, as follows, was unanimously adopted by the Committee on Finance, April 6, 1886, in relation to this and all similar letters to the foregoing: Charles W. Turner, to be postmaster at Middleborough, Plymouth "Resolved, !!.'hat the letters of the Secretary of the Treasury tQ the ·Committee County, Massachusetts. • on Finance, dated l\Iarcb 16, 1886, or subsequently, in relation to the suspension James Burke, to be postmaster at Jeffersonville, Clark County, I.o.- of collectors of internal revenue, should be received and held as honest declara­ tions made in good faith that there are no charges or papers on tile in the De­ diana. . partment reflecting in any manner against their moral or official conduct or David Grafrt, to be postmaster at Orleans, Harlan County, Nebraska. character." Matthew W eismantle, to be postmaster at Naperville, Du Page Under this statement of facts, and the fact that there is no fixed term attached to the office of collector of internal revenue, the committee recommend the con­ County, illinois. . firmation of Mr. Kublemeier. T. J. Carroll, to be postmaster at Bunl{er Hill, Macoupin County, Illinois. Robert W. Banks, of·Mississippi., to be collector of interml revenue C. T. Marsh, to be postmaster at Oregon, Ogle County, Illinois. for the district of Mississippi. Patrick Cain, to be postmaster at Fort Dodge, Webster County, Iowa. The above confirmation was accompanied by the following rexx>rt

• 1886. CONGRESSIONAL-RECORD-HOUSE. 3881

from the Committee on Finance; which was ordered by the Seriate to the official or moral character of James E. Simpson, late collector of internal rev­ enue for the third district of Iowa, suspended," is received. be printed in the RECORD : . In reply thereto I have the honor to state that, so far as this inquiry relates to The Committee on Finance have had under consideration the nomination a suspension from office, I feel bound by the rules laid down in the President's (No.1297) of Robert W. Banks, of l\iississippi, to be collector of internal revenue · recent message ~ the Senate upon the general subject of such suspensions. lor the district of MissisSippi, in place of James Hill, suspended, and, so far as But in order that Imaysurely act within the requirements of the statute relating they have been able to obtain the information, they find that Robert W. Banks to the furnishing by this Department of information to the Senate..! beg leave is a fit and proper person to discharge the duties of the office, and that there are to remind the committee that the office referred to has no fixed term attached no charges or papers on file reflecting upon the character of James Hill, sUs­ to it, and to further state that the President is satisfied that a change in the in­ pended, as will appear from the following letter of the Secretary of the Treas­ cumbency of said office will result in an improvement of the public service, and ury: that the policy of the present administration will be better can-ied out by such ·TREASURY DEPARTMENT, March 19,1886. change. Except as the same may be involved in these considerations, no papera con­ SIR: Your communication on behalf of the Finance Committee of the Senate, taining charges reflecting upon the official or moral character of the suspended dated 1\larch 17, 1886, asking whether or not "there are any charges on file officer mentioned in your communication are in the custody of this Depart­ against the official or moral character of James Hill, late collector of internal ment. revenue for the district of Mississippi, suspended," is received. Respectfully, yours, In reply thereto I have the honor to state that, so far as this inquiry relates to D. MANNING, Secl·ctm·y. a suspension from office, I feel bound by the rules laid down in the President's Hon. JusTIN S. MoRRU.L, recent message to the Senate upon the general subject of such suspensions. Chairfllan of the Senate Committee on Finance. But in order that I may surely act within the requirements of the statute re­ lating to the furnishing by this Department of information to the Senate, I beg ..A resohttion, as follows, was unanimously-adopted by the Commit-tee on Fi­ leave to remind the committee that the office referred to has no fixed term at­ nance, April 6, 1886, in relation to this and all similar letters to the foregoing: tached to it, and to further state that the President is satisfied that a change in "Resolved, That the letters of the Secretary of the Treasury to the Committee the incumbency of said office will result in an improvement of the public serv­ on Finance, dated March 16, 1886, or subsequently, in relation to the suspension ice, and that the policy of the present administration will be better carried out of collectors of internal revenue, should be received and held as honest decla-­ by such change. rations made in good faith that there are no charges or papers on file in the De­ Except as the same may be involved in these considerations, no papers con­ partment reflecting in any manner against their moral or official conduct or taining charges reflecting upon the official or moral character of the suspended character." officer mentioned in your communication ate in the custody of this Depart­ Und!;!r this statement of facts, and the fact that there is no fixed term attached ment·. to the office of collector of internal revenue, the committee recommend the Respectfully, yours, confirmation of 1\fr. Webster. D. MANNING, &crelary. • Ron. JusTIN S. MoRRU.L, Chainnan of the Senate CommiUee on Jilinmtce. REJECTION. A resolution, as follows, was unanimonsly adopted by the CommiLtee on Fi­ .April21, 1886. nance, April 6, 1886, in relation to this and all similar letters to the foregoing: Exec'tttive nominatio:n rejectei "Resolved, That the letters of the Secretary of the Treasury to the Committee Frank W. Beane, ofSaU Lake City, Utah, to be register of the b.nd on Finance, dated March 16,1886, or subsequently, in relation to the suspension of collectors of internal revenue, should be received and held as honest declarations office at Oxford, Idaho. made in good faith that there are no charges or p•rs on file in the Department reflecting in any manner against their moral or o:ftrcia.l conduct or character." Under this statement of facts, and the fact that there is no fixed term attached to the office of collector of internal revenue, the committee recommend the con­ firmation of 1\Ir. B?onks. HOUSE OF REPRESENTATIVES. William C. Thompson, "of Iowa., to be collector of internal revenue TUESDAY, Apr-il 27, 1886. for the second district of Iowa. The above confirmation was accompanied by the following report from The House met at 12 o'clock m. Prayer by Rev. Dr. BULLOCK, of the Committee on Finance; which was ordered by the Senate to be Washington. printed in the RECORD: On motion of Mr. BEACH, th.e Teading of so much of the Journal The Committee on Fina11ce have had under consideration th!'} nomination (No. of the proceedings of yesterday as related to the introduction of bills 1290) of "William C. Thompson, of Iowa, to be collector of internal revenue for and resolutions was dispensed with. The remainder of the Journal the second district of Iowa in place of .Tohn W. Green, suspended, and, so far as was TeaJnan of the &nate Committee on .Finan.ce. YTURBIDE LAND CLAIM, NEW 1\IEXICO. A resolution, o.s follows, was unanimously adoJ?ted by the Committee on Fi­ The SPEAKER also laid before the House a letter from the acting nance, April 6, 1836, in relation to this and all similar letters to the foregoing: "Resolved, That the letters of the Secretary of the Trei\Sury to the Committee Secretary of the Interior, transmitting a report of the surveyor-general on Finance, dated March 16, 1886, or subsequently, in relation to the suspension of New .Mexico upon the private land claim of Santa Tomas de Ytur­ of col1ectors of internal revenue, should be received and held as honest declara­ bide, No. 139, New Mexico; also report of the present surveyor-general tions made in good faith that there are no charges or papers on file in the De­ partment reflecting in any manner against their moral or official conduct or upon the same; which was referred to the Committee on Primte Land character." Claims, and ordered to be printed. Under this statement of facts, and the fact that there is no fixed term attached to the office of collector of internal revenue, the committee recommend the con­ CLAil\lS NOT PROVIDED FOR. firmation of l\Ir. Thompson. Tbe SPEAKER also laid before the House a letter from the acting Byron Webster, of Iowa., to be collector of internal revenue for the Secretary of the Treasury, transmitting, in response to a resolution of third district of Iowa. · the House, a list_of claims allowed by the accotmting officers of the The above confirmation was accompanied by the following report Treasury for which apprqpriations have not been made, with reports of from the Committee on Finance; which was-ordered by the .Senate to War and Navy and Post-Office Departments, claims by the Second be printed in the RECORD: Comptroller andSixthAuditor, respectively; _which was referred to the Committee on Appropriations, and ordered to be printed. . The CommiUee on Finance have bad under consideration the nomin~tion (No. 1291) of Byron Webster, of Iowa, to be collector of internal revenue for the third AGRICULTURAL CHIDIL'5TR.Y. district of Iowa, in place of James E. Simpson, suspended, and, so far as they have been able to obtain the information, they find that Byron 'Vebster is a fit and The SPEAKE.R also laid before the House a letter from the Commis­ proper person to discharge the dnties of the office, and that there are no charges or papers on file reflecting upon the character of James E. Simpson, suspended, sioner of Agriculture, transmitting, in response to a resolution of the as will appear from the following letter of the Secretary of the Treasury: House, a statement showing the ammmt expended for chemical divis­ TREASURY DEPARTMENT, March 17,1886. ion in the laboratory from the appropriation for the present fiscal Sm: Your communication on behalf of the Finance Committee of the Senate, year and the balance unexpended; which was·referred to the Commit­ dated 1\IarC'h 16, 1886, asking whether or not "there are any charges on file against tee on Agriculture, and ordered to be printed. 3882 CONGRESSIONAL . RECORD-- HOUSE. APRIL 27,

CONTINGENT BUREAU OF ORDNANCE. April, 1886, for the purpose of closing up the business of his office, and for de­ positing the records, documents, and all other papers of the court or its officers The SPEAKER also laid before the House a letter from the Secretary in the office of the Secretary of State, as provided in the act re-establishing said ofthe.Treasury, transmitting a letter from the Secretary of the Navy, court and the act therein referred to, and said clerk is hereby authorized to em­ ploy such assistants as he may deem necessary for the purpose of enabling him with inclosure,-asking an appropriation to supply deficiency in the ap­ to carry into effect the provisions of this act, not to exceed in number those propriation for contingent, Bureau of Ordnance, for the current fiscal heretofore employed, said a sistants to be paid monthly, at the same rate of year; which was referred to the Committee on Appropriations, and compensation heretQfore paid them, on vouchers certified by said clet·k, under .the direction of the Secretary of State, from said Geneva award fund; and all ordered to be printed. disbursements shall be made by said clerk, nnder the direction of the Secretary TREASURY CUSTODIANS .A...t""'T> JANITORS. ~ s ~~ . The SPEAKER also laid before the House a letter from the acting The SPEAKER. Is there any objection to the present cons.ideration Secretary of the.Treasury, submitting an amended estimate of an ap­ of this bill? propriation for pay of assistant custodians and janitors to supply defi­ 1\:lr. RANDALL. I think we should have some explanatory state­ ciency in the appropriation for the current fiscal year; which was re­ _ment in regard to this measure. ferred to the Committee on Appropriations, and ordered to be printed. Mr. HOLMAN. Itisdesirabletoknowwhether we have now reached LEAVENWORTH MILITARY PRISON. ·a point where the expenses of this court are to be paid out of the Treas­ ury instead of being paid out of the Geneva award fund. The SPEAKER also laid before the House a letter from the Secre­ .Mr. COLLINS. The expenses are to be paid out of that fund. taryofWar, transmitting a letter from the Adjutant-General, andrecom~ The SPEAKER. If there be no objection the gen~leman from :Mas­ mending that authority be given to use the surplus of appropriation for sachusetts can make a brief explanation before the request for the con­ the Leavenworth military prison for the current fiscal year to make up sideration of the bill is submitted. The Chair hears.no objection. deficiencies in otheritems; which was referred to the Committee on Ap­ JHr. COLLINS. Theactof1882 re-establishing this Court of Alabama propriations, and ordered to be printed. Claims requires that the record be made up by the clerk and transmit­ CABLE AT BUCK ISLAND BAY. ted to the Secretary of State, and that the moneys be paid by the account­ The SPEAKER also .frld before the House a letter from the Secre­ ing officers of the Treasury upon the report of the Secretary of State. It tary of the Treasury, transmitting a communication from the Chief Sig- · is physically impossible to complete the record and transmit thapapers nal Officer in regard to the submarine cable at Buck Island Bay; which within the time now limited by law. This bill is identical with the was referred l:o the Committ_ee on Appropriations, and ordered to be first section of a bill which passed this House unanimously a few weeks printed. ago. The Senate is now engaged in the discussion of the other provis­ SARAH E. 1\IENDENHALL. ions of that bill. The creditors of this fund desire the passage of this The SPEAKER also laid before the House a letter from the assistant measure. · It is utterly impossible to close up the business of the court clerk of -the Court of Claims, transmitting copy of order and findings of unless this additional ti.J:tw be given. fact by the court in the case of Sarah E. Mendenhall, administratrix, Mr. HOLMAN. I as~at the last clause of the bill in regard to the vs. The United States; which was referred to the Committee on War payment of these employes be again read. · The Clerk read the provision referred to. Claims. Mr. HOLMAN. Inasmuch as the expenses under this bill" are to be • ROBERT H. WALTOY. paid out of the Geneva award fund, I do not:fmowtha.t I care to object. The SPEAKER also laid before the House a letter from the assistant Mr. RANDALL ~ But why should Congress unnecessarily continue cle:rk of the Court of Claims, transmitting copy of order and findings of clerks to be paid out ofa fund which does not belong to the Gov-ernment fact by the court in the case ofRobertH.Walton vs. The United States; of the United States? which was referred to the Committee on War Claims. Mr. COLLINS. The continuance of these clerks for the time pre­ SARAH M 7FERRIN. scribed is necessary; and they ought to be paid out of the fund, not out The SPEAKER also laid before the House a letter from the assistant of the Treasury. clerk of the Court of Claims, transmitting copy of order and findings of Mr. RANDALL. When is this organization to cease? fact by the court in the case of Sarah McFerrin vs. The United States; Mr. COLLINS. The last day of June. which was reierred to the Committee on War Claims. There bein~ no objection, the House proceeded to the consideration of the bill, whiCh was ordered to a third reading, read the third time, and JOHN M. CAMPBELL. passed. The SPEAKER also laid before the House a letter from the assistant Mr. COLLINS moved to reconsider the vote by which the bill was ' clerk of the Court of Claims, transmitting copy of order and findings of passed; and also moved t,hat the m·otion to" reconsider be laid on the fact by the court in the case of John :M:.Campbell vs. The United States; table. which was referred to the Commi~ on~r Claims. The latter motion was agreed to. JAl\IES C. JENi!rs. LEA YE OF ABSENCE. The SPEAKER also laid beforetheHousealetter from the assistant By unanimous consent leave of absence was granted in the following clerk of the Court of Claims, transmitting copy of order_and findings of cases: fact by the court in the case of James C. Jenkins t iS. The United States; To :Mr. GREEN, of North Carolina, for ten days, on account of im­ which was referred to the Committee on War Claims. portant business. HAYD~N, to SECTION 3336 REVISED STATUTES. To Mr. to attend important business. To Mr. DoRSEY, for ten days, on account of important business. The SPEAKER also laid before the House the bill (H. R. 444) to amend section 3336 of the Revised Statutes of the United S~tes (the RAILROAD IN MICHIGAN. bill .having been returned from the Senate with an amendment). Mr. VAN EATON, from the Committee on the Public Lands, by unani­ Mr. BRECKINRIDGE, of Kentucky. I am directed by the Com­ mous consent, was granted leave to file the views of the minority on the mittee on Ways and l\Ieans to ask that this amendment of the Senate bill (H. R. 8104) to forfeit lands granted to the State of Michigan to be taken up and concurred in. aid in-the construction of a railroad from :Marquettee to Ontonagon, in The amendment was read, as follows: said State; and the same was ordered to be printed with the majority In line 17, after the word" bond," insert" once in four years and." report. There being no objection, the House proceeded to consider the amend­ CHANGE OF R-EFERENCE. ment of the Senate; which was concurred in. · The SPEAKER. The gentleman from New Hampshire [:Mr. G.AL­ Mr. BRECKINRIDGE, of Kentucky, moved to reconsider the vote LIYGER] states that on the 15th of December last he presented a peti­ by which the amendment was concurred in; and also moved that the tion, of Jacob F. Chandler and others, concerning unpaid balances and motion to reconsider be laid on the table. bounties, &c., which was referred to the Select Committee on the Pay­ The latter motion was agreed to. ment of Pensions, Bounty, and Back Pay. No such committee was COURT OF ALABAl\IA CLAD\IS. authorized at the present session, and if there be no objection it will be referred to the CoQllilittee on War Claims. The SPEAKER also laid before the Honse the bill (S. 2239) extend­ There was no objection, and it was ordered accordingly. ing the time for the completion of the records of the clerk of the Court of Commissioners of Alabama Claims and the transfer of the same to the DUSINESS OF THE C01DIITTEE OY MILITARY .AFFAIRS. Department of State; which was read a first and second time. Mr. S'J;,EELE. I ask, by unan1mous consent, Mr. Speaker, to call Mr. COLLINS. I am directed by the Committee on the Judiciary up for P!esent consideration the resolution in reference to the business to ask unanimous consent that this bill be now taken up and passed. of the Committee on Military Affairs. It is necessary that it should become a law before this month expires, The SPEAKER. The resolution will be read subject to objection. in order to insure the winding up of the business of this court. The Clerk read as follows: The bill was read, as fol!ows: · Mr. BRAGG submitted the following resolution: Be it enacted, &:c., That the powers of the clerk of the late Court of Commis­ "Resolved, -That Tuesday and 'Vednesday (4th and 5th of May nert), aflcr the sioners of Alabama Claims, as extended by section 2 of the act of Congress re­ expiration of the morning hour on each of such days, be, a'nd are hereby, et lating thereto, approved June 3, 1884, be, and they hereby are, extended for an apart for the consideration of such general bills as may then be upon the Calt-n· additional period, not to exceed two months from and after the 30th day of dars. of the House reported from t.hc Committee on 1ilita.ry Alfairs--considera.- 1886. CONGRESSIONAL REOORD-HOUSE. 3883

tion to be in the order designated by the committee, and not to interfere with to .the paper he represents, and no doubt in perfect good faith, were general appropriation bills." inspired by some remarks made by the gentleman from Missouri (Mr. Mr. BLOUNT. I must objecttothatresolutionnnlessthereisadued O'NEILL] in the House, and which do more credit to the impetu9sity to it a provision that it is not to interfere. with prior orders. of his temperament than to the maturity of his judgment, during the 1\Ir. STEELE. I will modify the resolution in that way-that if we debate upon the Crain arbitration bill, and I will send to the Clerk's .can not have a day, we shall have an evening session on each of those desk what the gentleman then said on April3 on the floor of this days. House. · :Mr. BLOUNT. I do not object to the re'solution if it be modified · The Clerk read as follows: as I have suggested. I see men on this floor pretending to represent labor organizations, who stand :Mr. HENLEY. Let me inquire, Mr. Speaker, whether the resolu-. back and say, "We favor neither compulsory a.rbitrationnorvolunta.ryarbitra­ tion/' I sa.y they are men who know in t.heir hearts that their true sentiment tion covers the case of non-interference with land-grant-forfeiture bills? is that these issues can only be settled by blood. That is their judgment, and they Mr. CUTCHEON. All prior orders are excluded. ha.Ye so stated. Mr. HENLEY. If it does not interfere with those forfeiture bills I 1t1r. FORAN. Mr. Speaker, the gentleman who made these remarks do not object. admitted the following day in the committee that he alluded to my­ The SPEAKER. The Chair hears no objection. self; and he subsequently promised to make such correction upon the 1\fr. HENLEY. Yes; I object. floor of the House as would be proper and honorable in the premises, Mr. STEELE. The gentleman is too late with his objection. having been assured and apparently satisfied that he was mistaken in Mr. HENLEY. The case of the forfeiture of land grants is provided the statement. He said in committee that he did not base his state­ for by amendment to the rules. ment upon remarks I had made, or upon anything that had occurred Mr. STEELE. We do not propose to interfere with those prior orders. in the Committee on Labor, but upon statements made to him·ouki.de The SPEAKER. It is not a permanent amendment to the rules, but the committee, and, as I was afterward informed by the gentleman, by only a.n amendment directing the order of business during this session. a newspaper correspondent who goes by the name and under the title The Chair hears no objection, and the resolution is before the House. of Judge Noah. This legal and law-learned gentleman is, I believe, .Mr. STEELE. I move the following amendment. . the reporter of the Chicago Herald. I addressed this ark of truth The Clerk read as follows: [laughter] a letter, and he says in reply, in a letter dated AprillO, among And l.hat a. recess be had at 5 o'clock p. m.'" t-o 7 o'clo~k and 30 minutes p. m. other things, what I now read: on each of said days, and one evening session had to be devoted to said pur­ pose. Your first note, requesting me to answer whether I had stated to 1\Ir. O'NEILL that you had said to me that " the only solutiwJ. of the labor problem was the Mr. MORRISON. I object. shedding of blood,"' was a proper inquiry, and I replied, so soon as it was re­ The SPEAKER. . The resolution is before the House, and the ·gen­ ceived, that you had not employed that language, and that I had not so stated to Mr. O'NEILL, detailing what you did state in my presence. tleman from Indiana has the right to move t~ amendment which has just been read. - What Judge Noah claims I did say may be gleaned from a letter re­ Mr. STEELE. IthinktheClerkreadit ''evening sessions;'' it ought ceived from him Apri115, from which I read: to be one evening session, and not "evening sessions." No. 1420 NEW YORK AVENUE, Wa.shington, .Apr-il 15,1886. The amendment was .agreed to. Hon. M.A. FoRAN, M. 0.: . Srn: I have yours of the 13th to-day. I wish you to distinctly understand that The resolution as amended was adopted. nt no time and under n.o circumstances did I ever attribute to you the desire or 1\Ir. STEELE moved to reconsider the vote by which the resolution expressed wish that bloodshed should follow, by reason of your remark that was adopted; and also moved that the motion to reconsider be laid on the only solution of the labor diffi.eulties was to "let them fight it out." Itwa.~ my conclusion, not yours, that "fighting it out" might result in violence and the table. bloodshed. This I have previously sought t-o convey to you, a.nd I am not sat­ LEVI JOlo.J£8. isfied to be placed ina.fa.lseposition. I did notsostate to Mr. O'NEILL, norha.ve I ever charged to anybody tlmt ''bloodshed" underlAid your proposition to let :M:r. JOHNSTON, of North Carolina. I inove, by unanimous consent, the parties "fight it out." The inference was Mr. O'NEILL's. I drew no infer­ Mr. Speaker, to discharge the Committee of the Whole House' on the ence, save in respect to the troubles in T.e:xas. Prixate Calendar from the furtherconsidru:ationofthe bill (H. R. 4629) I have no recollection of having used in committee the language,'' Let for the relief of Levi Jones, and that it be put upon its passage. them fight it out;" but if I did, the language was used in the same There was no objection; and the bill was taken up and read, as fol­ sense in which I would use the words if I said there was a fight in this lows: House over the passage of a bill; not in any sense that could possibly B e il enacted, &c., That the Paymaster-General is hereby directed 1J> pay Led imply violence. However, I concluded to letthe matter drop. I did Jones, late first lieutenant of Company B, Second North Carolina Mounted In­ not intend to give it any attention whatever, andfor the simple reason fantry, out of any money appropriatM for the pay of the Army, the full pay and allowances of a. first lieutenant of infantry from tlle 1st day of October, 11:163, t-o that I believed the members of this House were well informed and ac­ the 1st day of 1\Iay, 1864. · quainted with the peculiar and salient characteristics of the gentleman from Missouri, who is, upon the whole, a pretty good fellow, but who The bill was ordered to be engrossed and read a third time; ~n

Mr. OATES, by unanimous consent1 presented the views of the mi­ became enlarged to the extent that I desired and wanted to see blood­ nority; which were ordered to be printed with the report of the ma­ ~hed in the settlement of labor troubles. I then stated to the gentle­ jority. man from ·Missouri, in view of these publications, that some statement QUESTION OF PERSONAL PRIVILEGE. or correction ough~ to be made, and told him that I would rise in my Mr. FORAN. Mr. Speaker, I rise to a question of personal privi­ seat on the following morning, that being Monday, immediately a.fter lege, and send to the Clerk's desk a marked paragraph which appeared the Journal was read and approved. But the gentleman was not in in the Cleveland Press, which I ask the Clerk to read. his seat on Tuesday morning after the .Journal had been approved. I The Clerk read as follows: met him again the next <¥tY· He said that he had some business in FoRAN denies that in the House committee he expressed a desire that the labor New York, and would not be back until Wednesday. ' troubles should be settled in blood. O'NEILL swears that FORAN did express I said then that Wednesday would satisfY my purpose just as well. these sentiments. . On Wednesday, however, he was not here. Then I stated to him when I D.S. B. saw him thatFridayorSaturdaywonlddo; but! understand theg~ntle­ 1\Ir. FORAN. I never knew, M:r. Speaker, that I was such a blood­ man got sick, for he was not here on either of those days. ! .then con­ thirsty individual as I am by this paragraph made to appear. It con­ cluded t.o drop the matter entirely, but some gentleman outside, I think tains a very grave charge. I am charged with having expressed .in the a reporter for the New York World, asked me why I did not make a House Committee on Labor the sentiment that I desired, that I wanted, statement which would go to the whole country in j nstice to myself. I that I wished the labor troubles now disturbing this country should be replied that the gentleman from Missouri [Mr. O'NEILL] did not seem settled by the shedding of blood, by murder, by rapine, everything that disposed to give me the opportunity. That statement, to my regret and this sanguinary language implies. surprise, was published in the New York World. It is true the reporter for this paper, Mr. Barry; said that I denied Nobody could be more concerned than I wns about its publicatiou, having made the statemen,t; but he also alleges .that the gentleman for there is no man upon this floor or elsewhere who has less desire for from Missouri [Mr. O'NEILL] swears that I did utter these sentiments. newspaper notoriety than I, or who says less to reporters a.bout his col­ I suppose, 1\lr. Speaker, that these words, telegraphed by this reporter leagues than I do. In fact, I give newspaper correspondents a. wide

• 3884- CONGRESSIONAL RECORD--HOUSE. APRIL 27, berth at all times. [Laughter.] As I have already said, I concluded to of this country settled by the shedding of blood would be unworthy of let the matter drop; but on yesterday morning some anonymous coward the confidence of an intelligent constituency and unfit to hold a seat (I think I know the handwriting, although I am not sure) sent me this on the floor of this House. [Applause.] .And I say this with all due slip, which I understand is taken from the Missouri Republican); I deference to my friend from illinois [Mr. LAWLER], who desired-did am so informed and believe, though I am not positive. It was ton;t. off not desire, but thought perhaps it might be a good thing if Jay G<>uld just as yon see it and inclosed in an envelope, and sent to me, without was hanged to a lamp-post without trial by judge or jury or even bene­ signature or other evidence to disclose the identity of the generous, fit of clergy [laughter]; for I do not believe the gentleman from llli· mn.nly sender. nois meant that. .And I desire to say that when I made that state­ I will read: ment I didnotmeananyre:flection,so farasheis concerned, for, though The basis of FORAN's complaint is·to be found in the following passage in the pe too is somewhat mercurial,' I believe he is a man of honest intentions course of O'NEILL's remarks on March 31: "When I see men on this floor who and good motives. stand back and say, 'We favor neither compulsory arbitration nor voluntary arbitration,' they are men who in their own hearts believe that these issues can But there is something else.-in this slip from the Saint Louis paper

• 1886. CONG-RESSIONAL -RECORD-HOUSE. 3885 .-~

The SPEAKER. The gentleman from Ohio [Mr. FoRAN] has the to a particular-member, does not such a case present a quest.ionofpriv- floor. ilege? . . . Mr. O'NEILL, of l\Iissouri. He desired the evidence robe produced. The SPEAKER. That would be merely attributing to the member It is merely as a matter of courtesy to hi~ that I offer ro have this let­ an expression of opinion or desir~, which the Chair thinks would be a ter read now. That is all. very proper subject for a personal explanation-for the purpose of dis­ The SPEAKER. If the gentleman fram Ohio [Mr.FoRAN] yields claiming any such opinion or purpoae, but it does not constitute a ques­ the l'3ttcr may be read. . tion of privilege under the rules of the House. E1·roneons opinions are 1t!r. FORAN. I will yield for that purpose, Mr. Speaker, willingly. very often attributed to members. The Clerk read as follows: - 1\'lr. COLLINS. !"rise to a parliamentary inquiry. · No. 1420 NEW YORK AvENUE, Washington, .Ap1-il21, 188G. The SPEAKER. The gentleman will state it. . DEAR Srn: In reply to yoor'favor of this: date, in which you state that "prior Mr. COLLINS. If I make the charge now against the gentleman to the consideration of the arbitration bill, in a conversat.ion with you [me], I from Ohio; may he rise ro a personal ~xplanation and finish his re- understood you to state to me that Mr. FORAN~ ad stated to you that he thought marks'? . the only manner in which conflicts between labor and capital could be settled was by their fighting it out, and that you replied this presupposed bloodshed, The SPEAKER. What is the question of the gentleman from mas­ to which response he said· nothing," and inquiring "whether this is correct?" sachusetts? I beg to say, that in -a. desultory conversation with you at 'Villard's Hotel, Mr. COLLINS. Suppose I make the charge now against the gentle­ concerning_the merits of the various arbitration bills pending before tbe House Labor Committee, I narrated to yon, as chairman of that committee, what had man from Ohio, may he rise to a ·personal explanation? · · taken place when I was given a. hearing by the committee on·that subject (at . The SPEAKER. The Chair has already stated that this would seem which hearing you were absent), and then stated to you that l'l!r. FoRAN had to be a very proper subject for a personal explanation for the purpose taken the position broa-dly in committee that no legislation by Congress would be effectual to put an end to or ameliorate labor sh·ikes, and that the only solu­ of disclaiming any such opinions or motives as have been attributed; tion of the trouble was to let them fight it out. I also stated to you on that oc­ but it is not a question of privilege under the rules of ~he House. casion that I replied to Mr. FORAN's view by calling attention to the fact that Mr. COLLINS. . Well, Mr. Speaker, for the purpose of alloWing the fighting it out might presuppi>se-violence and bloodshed, and that 1\Ir. FoR.-\.N made no reply thereto snve to repeat that no legislation could accomplish any gentleman rrom Ohio to finish his ~emarks, I make any necessary charge good, and that.the only way was to let them fight it ont. This~ what I stated agh.inst him in his representative capacity. ·[Great laughter.~ · · to you OI) that occasion in: narration of what bad occurred in th~ Committee Mr. MORRISON. The gentleman from Ohio has put in his dis­ on Labor. · Very truly, yours, claimer in advance. I call for the regular order. J. J. NO.\H. - The SPEAKER. The gentleman from Dliriois demands the regular . non. J. _J. O'NEILL, ~ order, which-is the call of committees for reports. !fouse of_ Represcnlt!lius. Mr. O'NEILL, of -Missotn·i. Mr. Chairman, I rise to a question of Mr. FORAN. That is from the first of Noah. I have something privilege. from the second of Noah. But first, is this doctimeJ:!tary _evidence? The SPEAKER. The gentleman will state it. _ • Mr. DEACH. Mr. Speaker, I rise to a point of order. I fhil to see Mr. O'NEILL, of Mi::;souri. My question of privilege is this: I have · that there is any question of privilege in this matter. [Cries of" Oh! ~' been chnrged by the gentleman· from Ohi-o with an abuse of my posi:­ "Oh! "] - . tion as chairman of that committee in exercising a tyranny over the The SPEAKER. The gentle.man from New York [Mr. BEACH] members of the committee. I am also charged in the public press, the raises the point that this is not a ID:atter of privilege. The Chair t:I?-inks charge being-directly traced to the gentleman from Ohio, with having that nothing has been disclosed so far beyond a misun~erstanding be­ abandoned my position here a.s a member of Congress and left the city, tween two gentlemen as to the opinion expressed by one of them. for the purpose of preventing him from making a certain explanation. :Mr. HENLEY. I hope it will n_ot be settled in.blood. [Laughter.] That certainly involves my character as a member of this _Honse; and The SPEAKER. -The gentleman from Ohio_ [Mr. FoRAN] is ~imply under all the circumstances I am certainly entitled to the privilege of making a personal exp~anation. It is not a matter _of privilege un_uer being heard. -the rules of the House, and the gentleman can proceed only by unani­ The SPEAKER. The Chair thinks that if the gentleman from Ohio mous consent. has charged the-gentleman from Missouri with an abuse of his power Mr. COLLINS. 1tir. Speaker, I ask unanimous consent that the gen- or influence as chairman of the committee, it would present a question tlemen from Ohio [Mr. . FORAN] be permitted ro finish his statement. of privilege. Mr. BEACH. I object. [Cries of "Oh!" Oh ! "] 1tlr. FORAN. I have made no such charge. Mr. FORAN. Mr. Speaker, I rise to a parliamentary inquiry. l\Ir. O'NEILL, of Missouri. The gentleman has stated here that the The SPEAKER. . The gentleman will state it. grievances in that committee would exist, even if he left it; that they Mr: FORAN. If one gentleman says of another in this Honse that arose from the tyranny of one who, ''dressed with a little brief author­ he desires to see people killed-murdered-that he desires bloodshed, ity," exercised.it over thos~ members. Who else than the chairman and all that implies, does not that affect the gentleman to,whom the of a committee has su~h authority over the members of the committee? remark is attributed in his representative capacity? Ur. FORA.L~. - I ask that the words be read. · The SPEAKER. The Chair did not understand that the gent..Iemaa Mr. O'NEILL, of Missouri. Now, I ask forfairplay. I donotpro­ from Missouri had stated on the floo~ of the Honse that the gentleman pose to be tr('a.ted in this sort of way. from Ohio desired to see people killed or desired to see bloodshed, but The SPEAKER. . -The language of the gentleman_from Ohio will be the gentleman from Missouri said on the floor, according to the extract re.1d, so that the Chair may ascertain what his remarks were. which has been read, that there were some gentlemen who in their l\lr. FORAN. I have been endeavoring to keep myself within the hearts believed this matter could only be settle_d or ought ro be settled parliamentary rule, and I think I can do it. by blood. The Chair, however, fails to see-- l\lr. BRAGG. Will it be in order ro settle this vexed question by Mr. FORAN. If the Chair will1·ead further he will see the gentle- refening it to the Committee on Labor for arbitration? [Laughter.] .man said they had so stated. . . Ur. 0' NEILL, of :Missouri. I ask unanimous consent to, eccupy the The SPEAKER. But even if that be true the Chair fails to see how floor for ten minutes. that affects the rights or reputation of the g~ntleman from Ohio in his The SPEAKER. · The gentleman from 1tfisgouri asks unanimous oon­ representative capacity. Any charge against the gentleman as a mem­ sent to occupy the floor for ten minutes ro make a personal explanation. ber of the Honse, for instance, that he had been bribed to give a cer­ Is there objection? . · . · · tain vote or not ro give a certain vote, that he had been influ~nced by Mr. SPRINGER. -After which, Igivenotice, !shall cailfor the reg­ any improper motives in g~ing or not giving a certain vote as a Repre­ ular order. That is fair play. sentative on the floor-any ch:~nges of that character affecting a gentle­ The SPEAKER. If there be no objection, the gentleman from Mis­ . man's reputation and standing as a member of the House are quite souri will proceed . different from remarks which merely attribute individual opinions to There was no objection. a gentleman on the floor. Mr. O'NEILL, of Missouri. Ur. Speaker, on the Monday following Mr. REAGAN. If a general charge were made on the floor, and after~ the delivery of the speech of which the gentleman complains he brought ward in the public prints the member who made that general charge this matter up in the committee; and, as be has stated, he asked me if I gives it definite shape so as to refer to a particular member, would not referred to him. I assured him that I did. A discussion in that com­ that state of the case modify the ruling of the Chair on this subject? mittee developed the fact that other members of the committee under­ .The SPEAKER. The Chair will cause to be read the rule. The stood him 1the same as I did. gentleman from Texas [Mr. REAGAN] mnstbearin mind that there has Mr. FORAN. I deny that. been no charge made or' intimated that the gentleman from Ohio, as a Mr. O'NEILL, of Missouri. I ref~r to Mr. DANIEL, of Virginia. Representative, hastaken action on the floor or elsewhere for the pur­ l\Ir. FORAN. He will not sa.y so. pose of producing bloodshed or to have this matter settled by blood­ :Mr. O'NEILL, of Missouri (addressing Mr. DANIEL). I understood shed. There has simply been attributed to him an opinion that it could you to say that you so understood . .. Is not that so? only be settled in that way. Mr. DANIEL. Am I permitted to reply? Mr. REAGAN. But a charge having been made on the floor that The SPEAKER. If the gentleman from Missouri yields for that certain .members had expressed a desire that the question be settled by purpose. . bloodshed, and the member who made that general statement having Mr. O'NEILL, of Missouri. I have asked the gentleman to answer afterwards, by language outside of the Honse, given it specific reference the question if he will be kind enough to do so. . -3886 CONGRESSIONAL REOORD- HOUSE. APRIL 27~ .'fl.

Mr. DANIEL. Then, :M:r. Speaker, I beg leave to say that when this ever since. :Mr. Pearson, the foreman of the RECORD, appends a cer- matter was called up-- · tificate, which I will read: 1 Mr. BR.ECKINRIDGE, of Kentucky. Before the gentleman from I have compat·ed the above, and find the same to be true copies from t,he daily Virginia tarkes sides-- I and permanent REconD. A VEN PEARSON, Mr. DANIEL. I am not taking sides. Foremtm CongressionaL Record. Mr. BRECKINRIDGE, ofKentucky. I rise to a question of ordeL Prior t(} my going away on' that little trip to which the gentleman The SPE.AKER.. The gentleman will state it. from Ohio so tacetiously refers, he got that little clipping from the Mr. BRECKINRIDGE, of Kentucky. That the proceedings in the Cleveland papeT-that little o-Id chestnut which he has been carrying committee-room are not proper subjects for revelation on the floor of around with him ever since, and said that were it not for that he would the House or discussion; and, as affecting not only this matter but all have been willing to let the whole matter drop; but since the thing other matters of public concern in. connection with the legislation of had got into- the Cleveland papers it placed him in rather' an awkward this body, I must object. position. He thought he bad better ~ise to a question of privilege. I The SPEAKER. The Chair does not understand the gentleman from told him that I would st..'Uld by him if be did so, and that we would Missouri to call upon the gentleman from Virginia. to disclose any pro- present again, on the floor of the House, the spectacle of Damon ~d ceedings of the committee, but simply to state wbn.t he understood to. Pythias in which, &i conrse, I would be Damon: [Laughter.] ! sa~d _ be the position of the gentleman frotn Ohio on the point in controversy. to him: . "I will stc'On.d l'>y you and do all I can to get you on~ of thts , Mr. BRECKINRIDGE, of Kentn.cky. I understood the gentleman ho-le." [Renewed laughter.] from Missouri to say that this matter came up in the committee-room, He came- to me the day before I left and he told mer ''I will get up and in that committee-room a discussion arose on the subject, in which to-morrow after the reading of the Journal.H · discussion certain matters were de-veloped; and if I have misunderstood M~r. FORAN: Is it not true that the day the bill passed the gentle- him in that respect, I beg pardon for having interrupted him. . man came to my desk .and said he would correct the impression-- The SPEAKER. The Chair thinks that it is not in order to di close Mr. ()'NEILL. The day the. bill passed? upon the floor of the House any discussion or proceedings in the com- J'l1r. FORAN. Yes.. mittee-room · but the Chair does not know what statement the gentle- 1\Ir. (YNEILL. I never spoke to yon till the following Monday. man from Vi:rgi:nia is to make, and of course can not -rule upon it in Mr. FORAN. Did you not say you would make the correction, and the absence of such knowledge. that you would make it during the debate? 1\1r. BRECKINRIDGE, of Kentucky. The point is upon the utter- Mr. O'NEILL. I never saw you at that time. On the Wednesday ance of the gentleman from Missouri himself, in which I understood pre~ding my departure from the city the gentleman again referre.d to him to say that at the meeting of the committee, where this matter his question of yrivilege, and I said, "Get up this afternoon; I am was discussed, certain things were developed. . • under the weather just now, and am going away fo.r a few days. Get M:r. O'NEILL, of Missouri This does net come out of my trme, I this off your stomach; get rid of it." hope. ~ . That evening I attended a labor meeting at the armory and had the · '.L'he SPEAKER. The Chair understood the gen.tlem.:m from M1s- pleaslJTe of presenting my distinguished colleague as one oflabor's cham­ souri to ask as to what was the understanding of gentlemen who were pions. \Ve shook hands cordially. Everything looked contentment, present as to. certa..in· personal remarks of the· gentleman from Ohio. peace, and harmony. I never dreamed he had in his heart the animus

1rfr. BRECKINRIDGE1 of Kentucky. But in the committee, as I which his after conduct showed. On my retnrn last Tuesday I found understand it. in the New York World tlill following~ The SPEAKERr Not as to what actually transpired in the com- The Labor Committee is not surrounded with the pence that should charn.c· mittee as a part of the public business, but simply to. state what ~e terize tho e engaged in the laudable ente;rp~e of adjusting the ~culties be- TD the position of the gentleman from Ohio o.n a certain t\veen laborers nnd employers. For ome ttme there has been a. feehng no~ at­ understood ,...., to.,..ether friendly between the chairman of the committee, 1\I.r. O'NEILL, and question. The Chair does not think thn.t that would be a disclosure of l\I;. FoRAN, of Ohio, who aspired to the chairmanship of the committee, and is the proceedings of the committee if made to that extent. one af U1e promineat.la.bor leaders at the We t'. 1\Ir. FORAN, for some reason, ~~. .,- DANIEL. Mr. Speaker, as I h.'lve beenrefe:rred to, I desire simply .,.,·a.s for the past few days possessed of a desire to call 1\[r. O'N~ILL to acc.ount JJ..u:.. for certain reflections cast upon him in reference to matters havmgto.ken place to- make this statement in justice to- the gentlemen in question, as well in the committe~room . Mr. FORAN proposes rising to a. question of privilege, as in justice to myself: this matter was allu~ed _to iu my presence at which time he says h.e will tell the House that Mr. O'NllliLL, though cham­ and in the presence of the gentleman from OhiO [Mr. FORAN], and pioning the labor bill, was not its author, and until the _evenint; ~efore i~ was presented to the Honse loudly favored the passa_ge of a bill provul~g !or c~m- gentlemen who were present were called on, or rather it was suggested pulsory arbitration. • • * Mr. FoRAN thmk~ 1\Ir. 0 ~~L .IS. m!l.k~ng to them, to state what their understanding was of the matter. himself too prominent at the expen e of the collliillttee, and 1t IS his mtentlon I State this. ·. That upon hearin!! the remarks of the !Zentlema.n from to clio his wings. MY. FoE.A.N alleges that !-he cause for l\1r~ O'NEILL's absence ~ ~ from -the House, which has continued for some days, is that he is afraid to face Ohio they had made the same impression upon my mind that they the music of an exposure. · seemed to have made upon the gentleman from Missouri; but that on As soon as I had rea.d that paper last Tuesday I took it and put it hearing the gentleman from. Ohio state what he had said and on. my under the gentleman's noset and. told him I understood he was respon­ memo.ry being revived as to ·the question, I remembered that he. had sible for it, and asked him to get on his legs and make his question of said exactly what he then related himself to have said; and it. was an privilege. It has taken him f(}ur. days to get a derrick large enouglt impression on my mind, and not the repetition of the g~tleman or to raise him up. that he w_as accurate, a3 I distinctly remembered in repeating the lan- F.rom the time I have been chairman of that committee until now, guage. that he had used. . _ . and even in advance of it. I have not been spared by the gentleman Mr. O'NEILL, of Missouri. After the meeting of the comm1ttee I from Ohio. His charge in regard to my deficiency in education and met. the gentleman from Obi? [Mr. FoRAN] on the floor and ?-e again mental acquirements even preceded my appointment; but the gentle­ referred to the subject. I sa1d very frankly that I had no desue to let roan wrote me a pe1·sonalletter stating that the charges in a Cleveland him remain in the position in which he was, itnd I would do cheerfully paper accredited to him were not his sentiments. From the inception all that I could toward placing him in the position he wanted to be in. of those charges until now I have been. fettered and fretted and wor­ At his instance I wrote out for the CoSGBESSION.A.L RECORD a change ried by the gentleman who is so terribly afflicted by a. bad case of "sore in the words which I had used, and gave them to the Official Reporters head.' r There has not been a measure of merit brought before that for insertion. The words were changed by himself and are there in the committee that has not fon.i:Jd in him a ready opponent. As to the permanent RECORD. A.s delivered in the House on April 3", and so arbitration bill, the misfortune was my name was connected with it, reported, they were as follows: and it passed. If it had been a disastrous failure, ana there bad ouly And when I see men on this floor pl'etending to represent labor organizations, been 29 votes in favor of it be would have held me responsible for that who stand back and say, ''We favor neither comJ?ulsor:y-arbitra.tion no:r yolun­ piece of framework, charged it on me, and called it ' 1 the 0' Neill bill." · tary arbitration," I say they are men who know 1n their heart!!! that U1.e1.r true sentiment is that these issues can only be settled by btood.-Daily Recm·d, page Mr. FORAN. Did I not state from the outset that I was op!loscd to 00&. . all measures for labor arbitration. The reference to ''men pretending to 1:epresen.t labor organizations'' · Mr. O'NEILL, of Missouri. I ask the Speaker to hold the ga.vel was understood by the gentleman from Ohio to refer to. himselfr arrd just one moment. My time has been taken up very mn.ch by others. therefore, at his _suggestion, I struck this out first, and in the perma­ The gentleman from Ohio in t~e commi~~e sat quietly by, .and when nent RECORD the corrected sentence reads u.s follows: I ann(}unced it was the unanrmous opm10n of the comm1ttee, after we had passed it, he reserved his right to object, and yon. know how And I see men on this floor who stand back an.d say "we favor neither com­ viciously he fought it in this House.. pulsory arbitra.tionno.rvolunta.ryarbitration ;" whos.<1.y, "'these issues can n.ot be £ided bylaw, but may eventuallyhavetobesettled bythesheddingofblood."­ [Here. the hn.m.mer fell.] Page 3036 of the permanent RECORD. ORDER. Oil' lllJSINESS. Mr. FORAN. I never agreed to any such statement. Se-veral membe:rs called for the regular order. 1\Ir. O'NEILL, of :Missouri. Why, yon put these words in yourself Mr. WILLIS. I ask unanimous consent that the call of committees Mr. FORAN. The gentleman is mistaken. far reports bedi pensed with, and that gentlemen who b.ave reports t o M:r. O'NEILL, of Missouri. And I handed them to the Official Re­ present be recognized for. that purpose.. porters three weeks ago, and they have been inthe pennanent RECOBD There was no objection, and it was so ordered.. 1886. CONGRESSIONAL RECORD-HOUSE. 3887

MARTIN H. l\11CHESNEY. WILLIAM F CLARK: Mr. BRAGG, from the Committee on Military Affairs, reported back Mr. LOVERING, from the Committee on Invalid Pensions, also re- with amendments the bill (H. R. 5289) affirming the action of the :ported back with amendments the bill (H. R. 4386) granting an in· President of the United States in annulling and revoking the order dis- crease of :pension to William F. Clark; which was referred to the Com­ missing Martin H. McChesney fro~~). service in the armies of the United mittee of the Whole Honse on the Private Calendar, and, with the ac· States, and honorably discharging said Mc()hesney from said service; companying report, ordered to be printed. which was referred to the Committee of the Whole House on the Pri- MARIAH E. A. B. NOWELL. vote Calendar, and, with the accoiD::panying report and amendments, Ur. LOVERING, from the Committee on Invalid Pensions, also re- ordered to be :printed. ported back with a favorable recommendation the bill (H. R. 1148) ADVERSE REPORTS. granting a pension to Mariah E. A. B. Nowell; which was referred to 1\fr. BRAGG, from the Committee on :Military Affairs, also reported the Committee of the Whole Honse on the Private Calendar, and, with back with an adverse recommendation the bill (H. R. 5532) for the the accompanying report, ordered to be printed. construction of a macadamized road from the city of Memphis, in the State ofTennessee, to the national cemetery near said city; which was SARAH E. BASSETT. · laid on the table, and the accompanying report ordered to be printed. Mr. LOVERING, from the Committee on Invalid Pensions, also rc- .Mr. BRAGG, from the Committee on 1\filita.ry Affairs, also reported ported back with a favorable recommendation the bill (S.1152) grant­ back with an adverse recommendation the bill (H. R. 5159) for the ing a pension to Sarah E. Bassett; which was referred to the Committee construction of a macadamized road from· the city of Memphis, in the of the Whole House on the Private Calendar, and, with the accompany- State of Tennessee, to the national cemetery near said city. ing report, ordered to be printed. J\.Ir. ZA.CH. TAYLOR. I n.sk that that bill be :placed on the Cruen- EMELINE J. BA.nSON. dar. 1\fr. LOVERING, from the Committee on Invalid Pensions, also rc- The bill was referred to the Committee of the Whole House on the ported back with a favorable recommendation the bill (S. 1065) .grant. state of the. Union, and the accompanying report ordered to be printed. in~ a- :pension to Emeline J. Babson; which wa8 referred to the Com- Mt. BRAGG, from the Committee on 1\filitary Affairs, also reported mittee of"the Whole House' on the Private Calendar, and, with the back with adverse recommendations bills of the following titles; which accompanying report, ordered to be printed. were se•erally laid on the tab~, and the accompanying reports or- dered to be printed: ADVERSE REPORT. A bill (H. R. 5998) to correct the date of muster of Charles Wick- Mr. LOVERING, from the Committee on Invalid Pensions, also rc- ware· ported back adversely the petition of l\1ary H. Adams for a pension; A bill (H. R. 6190) for the relief of Ivan Hughes; . which was laid on the table, and the accompanying report ordered to A bill (H. R. 3277) for the relief of Patrick Flynn and John Dienst; be printed. A bill (H. R. 4826) to provide for the disposition of a portion of the CHANGE OF REFERENCE. Fort Hays military reservation, in the State of Kansas; and On motion of Mr. HAYNES, the Committee on Invalid Pensions was A bill (H. R. 6549) to remove the charge of desertion from the mili- discharged from the further consideration of the bill (S. 786) granting tary record of Edward Kincade. a pension to James C. Ledbetter; and the same was referred to the Com- ?tlr. BRAGG, from the Committee on Military Affairs, also reported mittee on Pensions. back 'vith an adverse recommendation a resolution of the House of ADVERSE "REPORTS. Representatives calling on the Secretary of War for the reporl by Lieu-· tenant Allen of his reconnaissance in Alaska in 1885. The resolution .Mr. HAYNES, from the Committee on Invalid Pensions, reported was laid on the table, and the accompanying report ordered to be back adversely bills of the following titles; which were severally laicl printed. on the table, and the accompanying reports ordered to be :printed: Mr. HOUK, from the Committee on Military Affairs, reported back A bill (H. R. 3460) 'granting a pension to Catherine Stevens; adversely bills of the following titles; which were severally laid on the A bill (H. R. 7423) granting an increase of pension to Bartlett E. table, and the accom:Panying reports ordered to be printed: White; A bill (H. R. 2761) for the relief of William Pormann; A bill (H. R. 6316) granting a pension to 11iary H. Sanborn; A bill (H. R. 4913) for the relief of John w. Duncan; A bill.(H. R. 3458) granting a pension to Hiram K. Choate; and A bill (H. R. 5404) to remove the charge of desertion from the·mili- A bill (H. R. 4385) granting a pe-nSion to J. M. Dennis. tary record of David Kritzer; HENRY A. PAUS. A bill (H. R. 5063) to amend the muster-rolls of Company B, Ninth Mr. WOLFORD, from the Committee on Military Affflirs, reported Regiment, Pennsylvania Volunteers, so as to :place thereon the name back with~ favorable recommendation the bill (H. R.l261) for there- ofWilliam C. Armstrong, la.te a private in said company; and lief of Henry A. Pans; which was referred to the Committee of the A bill (H. R. 1666) ..for ;the relief of George Barlow. Whole House on the Private Calendar, and, with the accompanying re- CHANGE OF REFERENCE. port, ordered to be printed. On motion of Mr. MITCiiELL, the Committ.ee on Patents was dis- ELEANOR c. BANGHAliL charged from the further consideration of the bill (H. R. 6320) extend- , Mr. SAWYER, from the Committee on Invalid Pensions, reported ing the jurisdiction oftheCourtofCll;li.msinsuitiifortheuseofpatents back, with a recommendation that the amendment of the Senate be and patented inven.,tions a,crainst the United States; and the same was concurred in, the bill (H. R. 1582) for the relief of Eleanor c. Bang- refened to the Committee on the Judiciary. ham; which was referred to the Committeeofthe Whole House on the PATENT LAWS. Private Calendar, and the accompanying report ordered to be :printed. Mr. MITCHELL, from the Committee on Patents, reported, as a snb- coL. DANIEL M'CLURE. stitnte for H. R. 5570, a bill (H. R. 8323) to amend the law relating to patents, trade-marks, and copyright; which was referred to the House Mr. FINDLAY, from the Committee on Military Affairs, reported Calendar, and, with the accompanying report, ordered to be :printed. back with amendment the bill (H. R. 5233) for the relief of Col. Daniel The original bill (H. R. 5570) wa.<; la.id on the table. McClure; which was referred to the Committee of the Whole House on the Private Calendar, and the accompanying report ordered to be printed. BREVET RANK FOR SERVICES IN :r:NDIAN CA.l\:[P AIGNS. 1\Ir. CUTCHEON, from the Committee on Military Affairs, reported CHANGES OF REFERENCE. back with a favorable recommendation the bill (H. R. 6758) to authorize On motion of Mr. 1\IORRILL, by unanimous consent the Committee the President to confer brevet rank on officers of the Army for gallant on Invalid Pensions was discharged from the further consideration of services in Indian campaigns; which was referred to the House Calen- bills of the following titles; and the same were referred to the Commit. dar, and, with the accompanying report, ordered to be printed. tee on Pensions: A bill (S. 1289) gra.nting a pe.rision to Thomas J. Owen; and WILLIAM FIGLEY. A bill (S. 1287) granting a pension to William L. Clarke. Mr. CUTCHEON, from the Committee on Military Affairs, also re- MARIA HOLLANDS. ported back with a favorable recommendation the bill (H. R. 5935) to 1\fr. MORRILL, from the Committee on Invalid Pensions, also re- remove the charge of desertion against William Figley; which was re- ported back adversely the bill (S. 1586) granting a :pension to Maria ferred to the Committee of the Whole Honse on the Private Calendar, Hollands; which was laid on the table, and the accompanying report and, with ~he accompanying report, ordered to be :printed. ordered to be printed. MARGARET LUCY. SILAS S. WHITE. 1\fr. LOVERING, from the Committee on Invalid Pensions, reported Mr. MORRILL, from the Committee on Invalid Pensions, also re- back with a favorable recommendation the bill (H. R. 7511) granting ported back, with a recommendation that the amendment of the Senate a :pension to Margaret Lucy; which was referred to the Committee of be concurred in, the bill (H. R. 1398) to grant a pension to Silas S. the Whole House on the Private Calendar, and, with the accompanying White; which was referred t.o the Committee of the Whole House on · report, ordered to be printed. . the Private Calendar, and the accompanying report ordered to be :printed. 3888 CONGRESSIONAL REOORD-HOUSE. APRIL 27,

Sll\L\IONS w. HARDIN. IRIGHT OF WAY THROUGH THE ARSE.NAL GROUNDS, BRIDESBURG, PA. Mr. MORRILL, from the Committee on Invalid Pensions, also re- :Mr. ERMENTROUT, from the Committee on Military Affairs, re- ported back, with a recommendatio!_l that the amendment of th~ Senate ported tack favorably the bill (S. 1105) granting the right of way to the be concurred in, the bill (H. R. 1406) granting a pension to S1mmons Kensington and Taoony Railroad Company through the arsenal groun~ W. Hal'din; which was referred to the Committee of the Whole House at Bridesburg (Philadelphia), Pa.; which was referred to the Commit­ on the Private Calendar, and the accompanying report ordered to be tee of the Whole House on the Private Calendar, and, with the accom- printed. panying report, ordered to be printed. GEORGE W. SMITH. RIGHT OF WAY THROUGH MILITARY RESERVATION. Mr. MORRILL, from the Committee on Invalid Pefisions, also re- Mr. ERM:ENTROUT, from the Committee on Military .A.:ffa~rs, also port~ back, with a recommendation that the ~mendment of th~ Sen- reported back favorably the bill (S. 1352) granting the right of way to ate be concurred in, the billl (H. R. 5254) to mcrease the penswn of the Leavenworth Northern and Southern Railway Company through Geome W. Smith· which was referred to the Committee of the 'Vhole the milita.ry reservation at Fort Leavenworth; which was referred. to Hou~ on the Pri~ate Calendar, and the accompanying report ordered the Committee of the Whole House on the Private Calendar, and, w1th to be printed. · the accompanying report, ordered to be printed. rORT OF DELIVERY, SPRL~GFIELD, MASS. EST.ATES OF DECEASED KICKAPOOS. -Mr. O'FERRALL, from the Committee on Commerce, reported Qack Mr. PERKINS, from the Committee on Indian Affairs, reported back favorably the bill (S. 1397) to establish a port of delivery at Spring- favorably the bill (S. 632) to provide for the settlement of the estates of neld in the State of Massachusetts; which was referred to the Com- deceased Kickapoo Indians in the State of Kansas, and for other pur­ mitt~e of the Whole House on the sLate of the Union, and the accom- poses; which was referred to the Committee of-the Whole House on the panying report ordered to be printed. Private Calendar, and, with the accompanying report, ordered to be PORT OF ENTRY, MOUNT DESERT FERRY, MAINE. printed. Mr. O'FERRALL, from the Committee on Commerce, also reported EDUCATION·. back favorably the bill (S._1013) providing tor the establishment of a Mr. CRAil~, from the Committee on Labor, reported in the nature of port of entry at"Mount Desert Ferry, in the town of Hancock, in the a. substitute for House bill 7266 a bill (H. -R. 8325) to provide for the State of Maine; which was_referred to the House Calendar, and the distribution ·of the proceeds of the sales of public lands,. and of all fees accompanying report; ordered to be prlnt~d. _ received at the general and district land offices, for~ducat10nal purposes; INSPECTORS OF HULLS .AND BOILERS. which was read a first and second time, referred to the Committee of the Whole House on the state ofthe Union, and, with the accompanying_ Mr. TARSNEY, from the Committee on ,Commerce, reported in lien report, ordered to be printed. of House bills numbered, respectively, 2901, 3504, 1158, 49p6, {)37, 5220, Mr. BUCHANAN, by unanimous consent, presented the views of 5348, and 5352, ·a bill (H. R 83"24) t9 amend section 4414 ~f theRe­ the minority; which'were ordereJ to be printed with the report of the vised Statutes of the United States, and to fix the compensation of local m~jority. inspectors of hulls and boilers in the districts of Michigan, Superior, House bill No. 7266 was ~:eported back with the recommendation Duluth, and Puget Sound; which was read a first and second time,. re­ that it be laid on the table. ferred to the Committee of the Whole House on the state of the Umon, Mr. REID of North Carolina. Is th::tt the bill to aid in the estab­ and with the accompanying report, ord&ed to be printed. lishment and temporary support of common schools, which was intro­ Bills of the following titles (in lieu of which. the last-named bill was duced by the gentleman from Kentucky [Mr. WILLIS) and referred to reported) were, by unanimous consent, laid on the table: the Committee on Labor? · · A bill (H. R. 2901) amending section 4414 of the nevised Statutes of The SPEAKER pro tempo1·e (M:r. SPRI.NGER"in the chair) . . It is. the United States, fixing the compensation of inspectors of hnlls and :Mr. REID, of North Carolina. Then I move it be referred to Com­ boilers in the several districts of the United States; · mittee of the Whole Honse on the state of the Union. A bill (H. R. 3504) to amend section 4414 of the Revised Statutes, The SPEAKER pro tempm·e. The gentleman has that right, and the relating to inspectors of hulls and boilers; ad verse report will, in compliance with his request, b~ placed on the A bill (H. R. 1158) to amend section 4414 of the Revised Statutes Calendar of the Committee of the Whole House on- the state of the of the United States, nxing the compensation of local inspectors of hulls Union: · and boilers in the Michigan district; · POBLIC BUILDING, DOVER, N. H. A bill (II. R. 4966) to amend section 4414 of the Revised Statutes of the United States, fixing the compensation of inspectors of hulls and 1\Ir. WILKINS, from the Committee on Public Blilldings and.Grounds, boilers in the several districts of the United States; I·eported back with amendments the bill (S. 771) to provide for the erec-­ A bill (H. R. 937) to amend section•4414 of the Revised Statutes; tion of a public building in the· city of Dover, in the State of New Hampshire· · which was referred the Committee of the Whole House A bill (H. R. 5220) ame~ding section 4414 of the.Revi.sed Statutes, to . nxing the· compensation of mspectors of hulls and boilers m the several on the stat~ of the· Union, and: with the accompanying report, ordered districts of the United States; · to be printed. · A bill (H. R. 5348) amending section 4414 of the Revised Statutes of ADVERSE REPORTS. the United States, fixing the compensation of inspectors of hulls and Mr. O'HARA, from the Committee on Invalid Pensions, reported boilers in the several districts of the United States; and . back adversely bills of the following titles; whirh were severally laid A bill (H. R. 5352) amending section 4414 of the Revised Statutes, on the table, and the accompanying reports ordered.to be printed: fixing the compensation of inspectors of hulls and. boil~rs in the several A bill (H. R. 6486) granting an increase of pension to John Rowe; districts ofthe United States. . A bill (H. R. 6097) granti:p.g a p~sion to Betsey Bartholomew; and A bill (H. R. 6488) to increase the ~ension of Charles G. Odell. CHARLES E. CREECY. THOMAS TEGAN. Mr. GILFILLAN from the Committee on Patents, reported back ad­ versely the petition ~f Charles E. Creecy; which was laid on the table, Mr. NEECE, from the Committee on Invalid Pensions, reported back and the accompanying report ordered to be printed. favorably the bill (H. R. 3047) granting a pension to Thomas '.regan; which was referred to the Committee of the Whole House on the Private PUBLIC BUILDING AT GALVESTON, TEX. Calendar, and, with the accompanying report, ordered to be printed. - Mr. REESE, from the Committee on Public Buildings and Grounds, JOHN W. DELP. reported back, with amendment: the bill (H. R. 2475) to ~mend an act Mr NEECE from the Committee on Invalid Pensions, also reported approved May 5 1882 entitled ''An act for the construct10n of a pub­ back favorably the bili (H. R. 44.60) to pension John W. Delp; which lic building at Galv~n, Tex.;" which was refelTed to. the Commit­ was referred to the Committee of the Wllole House on the Private Cal­ tee of the Whole House on the state of the Union, and the accompany­ endar, and, with the accompanying report, ordered to be printed. ing report ordered to be printed. ELISE BURKI. JOHN MINGUS. Mr. NEECE from the Committee on Invalid Pensions, also reported Mr. COWLES from the Committee on Pensions, reported, as a sub­ 1 back favorably the bill (S. 843) granting a pension to Elise Burki; which stitute for H. R. 1708, a bill (H. R. 8325) for the relief of John ?t~gus, was referred to the Committee of the Whole House on the Private Cal­ a pensioner of the war of 1812; which was referred to the Committee endar, and, with the accomp::mying report, ordered to be printed. of the Whole House on the Private Calendar, and the accompanying report ordered to be printed. · . . HARRIET 1\I. RIDER. . House bill No. 1708 was, by unammous consent, la1d on the table. Mr. NEECE from the Committee on Invalid Pensions, also reported J.Al\1ES F. ROGAN. ' back favorably'the bill (S. 963) granting a pension to Harriet M. Rider; which was referred to the Committee of the Whole House on the Pri­ Mr. FLEEGER, from the Committee on Claims, reported back w?-th vate Calendar, and, with the accompanying report, ordered to be printed. amendmentthebill (H.R. 3382)forthereliefof JamesF. Hoga;n; whtch was referred to the Committee of the Whole House on the Pnvate Cal­ WILLIAM TREFETHEN. endar, and, with the accompanying report, ordered to be printed. J.Ir. GALLINGER, from tbe Committee on Claims, reported a bill 1886. CONGRESSIONAL RECORD-:t;IOUSE. 3889

(H. R. 8326) for the relief of William Trefethen, of Portsmouth, N. H.; On motion of Mr. OSBORNE, the adverse report was ordered t{) be re­ which was read a. first and second time, referred to the Committee of f~·ed to the Committee of the Whole House on the Private Calendar. the Whole House on the Private Calendar, and, with the accompanying Mr. SWOPE, from the Committee on Invalid Pensions, also reported report, ordered to be printed. back adversely, the bill (S. 1607) granting an increase of pension to RICHA.RD GEAR. James E. B. Dalzell; which was laid on the table, and the accompanying report ordered be printed. Mr. CONGER, from the Committee on Invalid Pensions, reported back to the bill (H. R. 3921) granting an increase of pension to Richard Gear, REBECCA ELDRIDGE. with the recommendation that the Senate amendments be concurred in; Mr. SWOPE, fmm the Committee on Invalid Pensions; also reported and the same was referred to the Committee of the Whole House on the back the bill (H. R. 2145) for the relief of Rebecca. Eldridge, with the Private Calendar, and, with the accompanying report, ordered to be recommendation ·that the Senate amendments be agreed to; which was printed. ~ referred to the Committee of the Whole House on the Private Calendar, 1\IRS, J. E. DAVIS. and, with the accompanying report, ordered to be printed. Mr. WINANS, from the Committee on Invalid Pensions, reported ADVERSE REPORT. back favorably the bill (H. R. 5656) granting a pension to Mrs. J. E. Mr. PINDAR, from the CommitteeoninvalidPensions, reported back Davis; which was referred to the Committee of the Whole House on the adversely the bill (H. R. 6168)grantinga pension to George W. Jaycox; Private Calendar, and, with the accompanying report, ordered to be which was laid on the table, and the accompanying report ordered to printed. KATHERINE NICKERT. be printed. PUBLIC BUILDING, WICHITA, KANS. ~Ir. WINANS, from the Committee on Invalid Pensions, also re­ ported back with amendment the bill (H. R. 7513) granting a pension Mr. WADE, from the Committee on Public Buildings and Grounds, to reported back with favorable recommendation the bill (S. 1387) pro­ Katherine Nickert; which was referred to the Committee of the Whole House on the Private Calendar; and, with the rccompanying report, viding for the completion of the public building at Wichita, Kans.; ordered be printed. which was referred to the Committee of the Whole House on the state to of the.Union, and, with the accompanying report, ordered to be printed. DANIEL J. BING~IAN. Mr. WINANS, from the Committee on Invalid Pensions, also re­ EXPENDITURES OF SIGNAL SERVICE. ported back favorably the bill (H. R. 3501) granting a pension to Dan­ Mr. ANDERSON, of Ohio, from the Committee on Expenditures in jel J. Bingman; which was referred to the Committee of the Whole the War Department, submitted a report of that committee as to the House on the Private Calendar, and, with the accompanying report, alleged unlawful expenditures in the Signal Service; which was re­ ordered to be printed. ferred to the House. Calendar, and, with the accompanying report, ADVERSE REPORTS. ordered to be printed. · Mr. WINANS, from the Committee on Invalid Pensions, also reported CHANGE OF REFER&~CE. back adversely bills of the following titles; which were laid on the On motion of Mr. TAULBEE, the Coillmitteeon Invalid Pensions was table, and the accompanying reports ordered to be printed: discharged from the further consideration of the bill (S. 1292) grant­ A bill (H. R. 5657) granting an increase of pension to Edwin A. Scutt; ing a pension to Nathan Z. Bailey; and the same was referred to the A bill ~H. R. 2711) for the relief of William J. Sangston; · Committee on Pensions. A bill H. R. 7960) to pay arrears of pensions to John Snyder; A bill H. R. 5493) granting a final pension to Thomas Gleason; INTERNAL-REVENUE LAWS . A bill (H. R. 3739) granting a pension to J. V. Herriman; .1\Ir. BRECKh"fRIDGE, of Kentucky, from the Committee on ~ays A bill (H. R. 3738) granting a pension to John W. Dyer; and and Means, reported a bill (H. R. 8327) to reduee the number of in­ A bill (H. R.· 2739) granting a pension to Priscilla Wood. ternal-revenue officers, provide a better and more economical adminis­ REMAlNS OF THE LATE )\IRS. IIARRIET B. LEHMAN. tration of the internal-revenue laws, and for other purposes; which was read a first and seconmmittee of the Whole House on the Whole House on the.state of the Union. Private Calendar, and, with the aecompanying report,· ordered to be Mr. BRECKINRIDGE, of Kentucky. It does not make any charge printed. upon the Treasury. It takes off a charge. THOMAS CH.il!BERS. Mr. DINGLEY. It certainly affects the revenue, and should go to Mr. WARNER, of Missouri, from the Committee on Claims, reported the Committee of the Whole House on the state of the Union. back favorably the bill (H. R. 3491) for the relief of Thom~s Chambers; The SPEAKER pro tempore. The Chair is of the opinion that the which was referred to the Committee of the Whole House on the Pri­ repeal of taxes involves a tax upon the people within the sense of the vate Calendar, and, with the accompanying report, ordered to be printed. rule, and therefore thinks it should be referred to the Committee of LOUIS A. WOLLENWEBER. the Whole House on the state of the Union. Mr. SWOPE, from the Committee on Invalid Pensions, reported back Mr. MORRISON. That is because the Chair does not know what · favorably the bill (H. R. 6248) granting a pension to Louis A. Wollen­ the bill contains. The CHAIRMAN. The Chair has heard the bill read. weber; which was referred to the Committee of ~he Whole House on the Private Calendar, and, with the accompanying report, ordered to be The bill was referred to the Committee of the Whole House on the printed. state of the Union, and; with the accompanying report, ordered to be printed. II. I. CARTIN. BRIDGES. ACROSS NAVIGABLE WATERS. Mr. SWOPE, from the Committee on Invalid Pensions, also reported back favorably the bill (H. R. 6566) granting a pension to H. I. Cartin; :Mr. BYNUM, from the Committee on Commerce, report.ed baek with which was referred to the Committee of the Whole House on the Pri­ amendments the bill (S. 901) granting to the Astoria and Winnemucca vate Calendar, and, with the accompanying report, ordered to be printed. Railroad Company the 1·ight to construct bridges over navigable water courses; _which was referred to the House Calendar, and, with the ae­ JL'\fES T. ERWIN. companying re.Port, ordered to be printed. Mr. SWOPE, from the Committee on Invalid Pensi~ns, also reported RL~SOl\1 L. HARRIS: back favorably the bill (H. R. 3640) granting a pension to James T. Er­ win; which was referred to the Committ.ee of the Whole House on the Ur. LYMAN, from the Committee on War Claims, reported back Private Calendar, and, with the accompanying report, ordered to be with favorable recommendation the bill (H. R. 7242) for the relief of printed. · Ransom L. Harris; which was referred to the Committee of the Whole S.Al\IUEL 1\IILLER. House on the Private Calendar, and, with the accompanying report, ordered to be printed. · Mr. SWOPE, from the Committee on Invalid Pensions, also reported back favorably the bill (H. R. 7401) granting a pension to Samuel Miller: MESSAGE FROM THE SE...~ATE. which was referred to the Committee of the Whole House on the Pri~ A message from the Senate, by Mr. McCooK, it'S Secretary, informed vateCalendar, and, with the accompanying report, ordered to be printed. the House that the Senate had passed without amendment House bills of the following titles: ADVERSE REPORTS. A bill (H. R. 6013) to authorize the construction Qf a bridge across Mr. SWOPE, from the Committee on Invalid Pensions, also reported the Missouri River at some accessible point within 2 miles north and back adversely the bill (JI. R. 8002) to increase the pension of Lorin 2 miles sonih of the city of Atchison, in the county of Atchison, in the Burritt; which was laid on the table, and the accompanying report or­ ' StateofKansas; · . dered to be printed. A bill (H. R. 1360) to authorize the construction of a bridge across :XVII-244 3890 CONGRESSIONAL RECORD~HOUSE. APRIL 27,

the Missouri River at some accessible point within 10 miles below and of the government, for the week ending Jnne 27, £4.288,000, and for 5 miles above the city of Kansas City, Mo.; .. the next week £4,028,000, while for the week ending February 10 the A bill (H. R. -2410) for the addition of a third story to the public amount was £4,663,000. This sum varies from one or two millions of building in Dallas, Tex. ; pounds up to six or eight millions of pounds; that is to say, from five A bill (H. R. 3369) authorizing the construction of a bridge across or six Jl!illions of dollars up to forty or fifty millions; seldom, however, the Missouri River at or near the city of Council Bluffs, Iowa, and for rea-ching the larger sum. When the deposit to the credit of the gov­ other purposes; ernment falls too low, the chancellor of the exchequer sells exchequer A bill (H. R. 4569) to authorize the construction of a bridge across the bills, in that way anticipating the revenues. l\1issouri River at a point to be selected either in the counties of Clay and On the average the amount to the credit of the government does not Jackson, in the State of Missouri, or in the county of Clay or Platte, amount to more than about $20,000,000. In other words, in the col­ in said State, and the county of Wyandotte, in the State of Kansas, and lection and expenditure of 450,000,000 by employing the machinery to make the same a post-route; which business employs, which the trade and commerce of the country A bill (H. R. 5684) to authorize the construction of a bridge over employ, they only keep a surplus on the average of fifteen or twenty the Missouri River at the most accessible point between t4e mouth of mi!lions of dollars, a.nd that is deposited in the Bank of England, not the Femme Osage Creek and a point 2 miles above the city of Saint entirely withdrawn from circulation or taken out of business. Charles, in· the county of Saint Charles, in the State of Missouri; and In the bank of France for the week ending April 9 I find deposited A bill (H. R. 5685) to authorize the construction of a bridge over to the credit of the general treasury 96,700,000 fmncs, or about 19,- the Missouri River'at the most accessible point in Saline City, or withiil 000,000. The average is generally less than that; it sometimes risM 5 miles above or 5 miles below the same, in the county of Saline, in the above it; sometimes falls below it. So that in the collection and ex­ State of 1\fissouri. · penditure of$650, 000,000 in France by employing the machinery which The message further announced that the Senate had passed the bill (S. the civilization of the age has established, which commerce a.nd trade 1868) providing for an extension of the Executive Mansion; in which provide, almost no money is withdrawn from general use; bnt the busi­ the concurrence of the House was requested. ness of the government is just like any o~Mr business; it is performed The message further informed the House that the Senate disagreed through the channels that busrness has established, and is performed to the amendments of the House of Representatives to the bill (S. 71) therefore much more economically than with us, and without abstract­ for the benefitoftheStatesofTexas, Colorado, Oregon, Nebraska, Cali­ ing from circulation a large part of the volume of money, as we do in fornia, Kansas, and Nevada, and_the Territories of Washington and this country. Idaho, and Nevada when a Territory, asked a conference with the House Mr. BLAND. Will the gentleman allQw me a qnestion? on the disagreeing votes of the two Houses thereon, and had appointed Mr. WARNER, of Ohio. Yes, sir. 1\Ir. DOLPH, 1\!r. SPOOXER, and Mr. GRAY as the _,conferees on the part Mr. BLAND. Does the gentleman favor a policy of depositing Gov­ of the Senate. ernment funds with banks to be loaned out? The m~e further announced that ·the Senate disagreed to the Mr. WARNER, of Ohio. I am coming to that. I am arguing not. amendments of the House of Representatives to the bjll (S. 335) to pro­ agai.Iist a central treasury, bntagainst the extension of the subtreasury vide for protecting th~ interests of the United States in the Potomac system to all the cities in the country. By our independent treasury River Flats, in the District of Columbia, asked a conference with the system and the subtreasury extensions over the country arid by the House on the disagreeing votes of the two Houses thereon, and had ap­ adoption of the same policy by the States, we often abstract well-nigh pointed .Mr. INGALLS, Mr. WILSON of Iowa, and Ur. VEST as the con- half of the entire volume ofthe currency, locking it up~ for brief periods ferees on the part of the Senate. · of cow-se, but long enough to produce ~reat stringency in business op­ . T e message further announced that the Senate receded from its erations. -41-mendments to the bill (H. R. 3351) granting a pension to Mrs. Mag- Now, Mr. Speaker, I have very decided convictions on the question dal-ena. Rehkopf. • . of the right of banks to create money, that is, to issue currency of any The messa.ge further requested the return to the Senate of the bill (S. kind; but I hope I have no such prejudices against the nseofthe bank­ 1586) granting a pension to Maria Hollands. ing system of this country for doing ~overnment busine&'3 in the same way that all other kinds of business are done, and ·r can see no more EUNICE E. CLARK. reason for establishing a subtreasury at Louisville and forty other 1\Ir. NEECE, from the Committee on Invalid Pensions, reported back . places for doing the Government business than for a business house in the bill (H. R. 6429) entitled "An a.ct granting a pension to Eunice E. New York, instead of employing established agencies there, going there Clark," with Senate amendments, and moved non-concurrence in the and establishing a treasury of its own, or any more reason for estab­ Senate amendments, and asked a coliference on the disagreeing votes of lishing a subtreasury there for the collection or paying out the money the two Houses on said amendments. that is there collected and paid out than to refuse to use the railroads The motion was agreed to. in getting there. Banks are institutions as important as railroads or The SPEAKER pro tempore announced the appointment of Mr. telegraphs, and as ne~ary to modern commerce; theii' function is to NEECE, Mr. PIND.A.R, and l\1r. CO:XGER as managers on the part of the collect and utilize capital by bringing it together and making it avail­ House at said conference. able for the needs of trade. In a hundred ways tq.ey facilitate com· ORDER OF BUSINESS. . merce. They serve every kind of b~tsiness, and I do not know why The SPEAKER pro tempore. The hour for the consideration of bills they should not be made use of by the Government for its business. begins at 2 o'clock and 5 minutes p. m. Mr. BLAND. The question that! asked the gentleman was whether The Clerk will report the unfinished business .coming over from yes­ he was in favor of the policy oJ depositing Government funds with the terday. banks to be loaned out. SUBTRE~SURY AT LOUISVILLE, KY. Mr. WARNER, of Ohio. I did not understand the gentleman. I think we ought to have a general treasury, and perhaps oneortwosub· The Clerk read as follows: treasuries, and in those should be held securely the coin and bull ion A bill (H. R. 902) to establish a. subtreasury at Louisville, Ky. upon which certificates are issued, and they should be located a.t poinw The SPEAKER pro tempore. The gentleman from Ohio is entitled where they could be thoroughly well gun.rded. to the floor. _ Ii1r. BLAND. Why not have one in Louisville, then? · Mr. WARNER, of Ohio. 1\Ir. Speaker, it is not to oppose this par­ 1\Ir. WARNER, of Ohio. There is no necessity for one there. The ticular bill or any particular bill establishing a subtreasury that I take more you multiply these subtreasuries the greater the cost of taking the floor again to-day, but for the purpose of calling the attention of the care of the ~oney. Again I say we should have a treasury and one or House to the generai subtreasury system as it has come to exist in this two subtreasuries, and in those should be deposited the trust funds, tho country-a system which takes out of the channels of business and coin and the bullion upon which certificates are issued, and the banks trade the revenues for carrying on the Government and sets up inde­ should be utilized for the deposit of money or current'flmds, and a pendent machinery for collecting and applying the revenues to Govern­ certain per cent. of such deposits can be loaned out by the banks. ment expenses. Why not? It is then made active capital, and if the Government is In this country, 1\Ir. Speaker, in that regard, we have scarcely passed secure, why not let such surplus be kept in use? This bill, if passed, beyond the age of barbarism. In other words, we are still applying will do no good in the world to anybody in Louisville. The money the same methods that were applied two thousand years ago in Rome, might just as well be in the moon as to be locked up there, so far as any when, under her provincial government, taxes were collected in the good to any citizen of Louisville is concerned. The people of Louisville pro\inces, taken to Rome, put in the treasury, and only paid out through can not borrow it, or buy it, or use it. I will say to my fri~d from government agencies. .All other governments' in civilized countries Kentucky [Mr. WILLIS], in order that he m.ay understand that I am have learned to employ the machinery which commerce and the busi­ not opposing this bill because H relates to Louisville or on any narrow ness of the country have established. The business of government is basis, that I would vote to abolish the subtreasury in Cincinnati and not so different from other business ~ to require separate agencies of let it be moved down to Louisville. its own. 1\Ir. WILLIS. We will agree to that. I referred yesterday to the way the revenues were collected in En­ Mr. WARNER, of Ohio. And I believe that the bankers and the gland, through the Bank of England. I find, on reference to the weekly business people of Cincinnati are intelligent enough to favor such a step report of the Bank of England, that there was on deposit to the credit if they could be assured that the Government would deposit in the 1886. CONGRESSIONAL RECORD-HOUSE. .3891

banks the money now kept in the subtreasury so that it might be made subtrea,suries. When that act was passed establiShing the subtreasury of some use to the people by becoming loanable capital. system th.ere were five subtreasuries created. Since then there have [Here the hammer fell.] . been some four more added, making nine in all. In the South there :Mt·. WARNER, of Ohio. Mr. Speaker, I thought I wM to have had is only one subtreasury, which is at New Orleans. The business con­ fifteen minutes, and I have not had that time. nections of Louisville stretch toward the South. .Mr. WILLIS. You yielded five minutes. The region from which that business is drawn comprises an area of l!tlr. WARNER, of Ohio4 I have yielded nothing from the fifteen country which is not touched by any one of the existing subtreasuries. minutes I reserved. It comprises a considerable portion of Arkansas, Northern Texas, the The SPEAKER pro tempore. The Chair understood that the bill was whole of Tennessee, and the southern part of Indiana. The business to be considered in the House as in the Committee of the Whole under interests and banki.ag interests of Louisville embrace that territory. the five-minute rule. · We are within a half-day's journey of eleven millions of people, one­ Mr. WARNER, of Ohio. I understood the arrangement to be that fifth of the whole population of the United States. As to the public I was to have fifteen minutes. I will take then only a minute or two business transacted at Louisville, the amount of public money depos­ more. ited there is equal to that in any three of the existing nine subtreas­ The SPEAKER pro tempore. The Chair will recognize the gentle- uries. The amount of money that is paid out is $2,000,000. Upon man for five minutes more. . these facts we have gone before the Committee on Coinage, "'Yf eights, and Mr. WILLIS. I understand the gentleman from Ohio [Ur. WAR­ Measures, and they have come in here with a unanimous report. I be­ NEB] to say that he wants only two minutes more. lieve this is the only subject that has been before that committee upon Mr. WARNER, of Ohio. Mr. Speaker, I say, if it is not intended by which a unanimous report has been made. · the establishment of these subtreasuries to hold money under lock and And why do they report it? . Because of the report mado by the Secre­ key, ~here is nousewhateverin establishing them. On the other hand, tary of the Treasury and the Director of the Mint showing that there·is if it is designed to cover into these subtreasuries the revenue and hold not to-day in the United States enough vault room for the business ofthis it there, keeping it out of business channels, then I say they ought not Department. That is one reason. . Another is the amount of money to be established at all, because they will work positive injury to the paid in and paid out at the city of Louisville. Besides, there is the community and no good to anybody. In this way of managing our enormous expense the Government has incurred in transporting Jrom revenues we have been imitating bad· systems long ago abandoned in one .part of the country to another these public moneys, this expense other countries. We have been keeping up the practices of the dark amounting to hundreds of thousands of dollars, so that last year :Sl0,- ages. At any rate we have not got beyond the practices of the First 000,000 were, in violation of law, brought by ships of war from the Frederick or Henry VII. city of New Orleans to the subtreasury at New York. . Mr. BLAND. Does not the gentleman think that, instead of haul­ We find further from these published reportsthatthereareto-dayin ing ten millions of silver dollars from New Orleans to Washingtonand the mints of the country-not a proper receptacle, as the Treasurer New York, as was recently done, itwouldhavebeenbettertohavetrans· states-$150,000,000. What further do we find? From the report of ferred it to Louisville or Cincinnati, where it could have gone into cir­ the Treasurer, on page 15, we find that persons occupying positions as culation and been of some benefit to the people. messengers and laborers are now engaged in handling, counting, and M.r. WARNER, of Ohio. I would not have removed i(hat at :ill. I shipping the public money and in doing other clerical labor. This cer­ would have deposited the money in the bank& in New Orleans, where tainly is not a proper condition of things, and it should be remedied it ·could be used as wanted. But it would have been no better to when we can do so, as in this case, with but a very small ex-peuse. The , move it to Louisville or Cincinnati than to this city. And if it had amount involved in this bill is about$9,500. We are not asking for any been moved to Louisville it would not have done one bit of good to public building; there is a building suitable for the purpose. We only anybody in Louisville. Nobody there could have got it from the sub­ desire the machinery for carrying on this subtreasury; aud the ex­ treasury. .A,nd let me say further, Mr. Speaker, that I would like to penseisone-half of what is asked at these other places-Saint Louis, San see the large surplus now in the Treasury here not required to be held Francisco, and Baltimore-all of which combined have not as much to meet the demand liabilities of the Government paid out on the pub­ public business, either in income or outgo, as the city of Louisville. lic.. debt. Instead of hoarding so much money, let it out where it will These are the statements which have been made; and I have endeav­ do some good. ored in these remarks to present the matter faithfully to each member The underlying cause of the trouble in this country now, the pri­ of the House. Knowing that there are other matters pressing, I will, mary cahse 1 say of the troubles not only in this country but through­ unless some other gentleman desires to speak or make an inquiry, de­ out the world, is a shrinking volume of money. Industries are stran­ mand the previous question. gled, · property depreciates, and nothing but money is safe to hold. Mr. MORRISON. I trust that will not be done. Let me rea.d a brief extract from the New York Tribune of yesterday: Mr. WILLIS. I was not aware that the gentleman wanted to say Stagnation in trade and activity in investment were the characteristia feat­ anything. Of couise I do not press the demand for the previous ques­ ures of last week. Neither stocks, grain, pork, cotton, oil, or othe1· products are tion. wanted, but bonds that promise a return arc eagerly sought. The SPEAKER pro tempore (:Mr. SPRINGER). The Chair did not Under this system of locking up money and contracting the volume understand whether the gentleman from Kentucky moved the previous of effective money of the country we have reached a point where there question or not. · is no profit in anything but in hoarded money. Money is the only Mr. WILLIS. I was about to move the previous question, but the thing that is increasing in value, that· is, in purchasing power; and gentleman from Illinois [Mr. MORRISON] desires to be lieard. the more money there is withdrawn from circulation and locked np Mr. REED, of Maine. Several of us want to be heard. iu the Treasury the worse it will be, and the only result of the exten­ The SPEAKER pro tempore. r.rhe Chair desires to state to the gen­ sion of the subtreasury system will be to lock up more money and in­ tleman from Kentucky that, in the opinion of the Chair, this bill must crease the cost of keeping it. be considered in the House as in Committee of the Whole under the Mr. Speaker, I now yield five minutes to the gentleman from Indiana five-minute rule, which would certainly require that there be debate [Mr. HOU!IAN]. at least for five minutes on each side upon each section. After such Mr. HOLMAN. I will reserve the time, Mr. ~peaker. debate has been had the gentleman from Kentucky can move the pre­ Mr. WARNER, of Ohio. I yield the balance of my time to the gen- vious question. tleman from Kentucky [Mr. McCREARY]. · ltir. WILLIS. I have not the remotest desire, if I had the -power, The SPEAKER pro tempore. The Chair does not understand that to prevent any gentleman from being heard on the bill. When I pro­ the gentleman from Ohio [Mr. W .ARNER] can now control the ti;me. posed to call the previous ques~ion I was not aware than any further Under the order of the House this bill was to be considered in the di'3cussion was desired. House as in Committee of the Whole under the five-minute rule. But 1t1r. MORRISON. Mr. Speaker, it is probably to no purpose, but I the gentleman from Kentucky [Mr. McCRE.ARYl is recognized. wish to say a word by way of protest against the passage of this bill. Mr. McCREARY. I yield five minutes to my colleague from Ken- I doubt not a subtreasury at every principal town in the country, and tucky [Mr. WILLIS]. , especialiy at the city of Louisville, would be some convenience tQ some­ · Mr. WILL1S. Mr. Speaker, unless some gentleman wishes to ask a body. Thi'3 is a proposition first to make some new offices, and then, question in r Jgard to this bill, I · do not desire to occupy more time in of course, to fill them. The gentleman from Kentucky [Mr. WILLIS] discussing it. Several weeks ago, under the rule of the House, I says, and no doubt truthfully, that to begin with $9,500 is the whole made a statement of all the facts upon which this bill was based, and additionalcostper annum nowproposedforthissubtreasury. Butwho sent it to each member of the House, and since then I have, a,s far as supposes that the appropriation now made will not be followed in an­ my limited time would permit, gone from member to member to pre­ other year with an additional or increased sum, which will continue to sent the facts connected with the matter. The gentleman from Ohio grow? Where is there a subtreasury maintained for the small cost of [Mr. W .ARNER] has made an argmnent against the whole subtreasury $9,500 annually? This sum of$9,500per annum, the gentleman from system; but that subject is not now before the House. It will be time Louisville assures us, is to be the whole yearly cost of establishing and enough to discuss a law establishing snbtreasuries when there is a bill maintaining a subtreasury at Louisville. brought in to abolish all of :them. I do not believe, however, that this M:r. WARNER, of Ohio. With $5,000 additional to prepare the nec­ House intends to reverse the well-established policy of the Government, essary rooms. beginning away back in 1846, when an act was first passed ,creating Mr. MO~RISON. No; I understand $9,500 is to be the whole cost -- 3892 CONGRESSIONAL RECORD-HOUSE. for the new officers and the carrying on of this-subtreasury at Louisville for us to increase the expenses of the Government by multiplying offi­ for one year. This is the beginning of what is to follow. cials, especially when it is proposed to put-a subtreasury so near one Mr. WARNER, of Ohio. After the offices are :fitted up, which will alrea,dy existing as Louisville is to Cincinnati. . cost $5,000. [Here the hammer fell.] · Mr. MORRISON. Mr. Speaker, I do not assume or say that upon Mr. ANDERSON. of Kansas. Allow me to ask the gentleman a all money, banking, or other financial questions the United States question. ' Treasurer or the Treasury Department must be followed and accepted ::M:r. DINGLEY. My time is up. as right without question. The men who go into that Department, Mr. WILLIS. Louisville covers an entirely different area. how~ver eminent as :financiers, go there ·with preconceived or :fixed no­ The SPEAKER pro tempore. The Chair has recognized the gen­ tions of :finance, which they seldom give up. But~is matter of taking tleman from Indiana as entitled to the floor. careofthe public money is one about which this officer and this Depart­ Ur. HOLMAN. Mr. Speaker, ll8 stated by the gentleman from Illi­ ment ought to be pretty well advised; and while! donotpromise to be nois [Mr. l\IoRRlSON], it was supposed this measure was pending before always controlled by the suggestions of the Treasury Department, I do another committee of the House, and for that reason, I presume, the think that when the officer of that Department says to Congress, as I Treasurer of the United States, the bead of this subtreasury system, understand the Treasurer of the United S~tes has said to the Committee sent to the chairman of the Committee on Appropriations the follow­ on Appropriations, which was believed by him to have charge of this ing communication, which I ask the Clerk to read. subject, that thissubtreasury is not needed and is not necessary for pub­ The Clerk read as follows: lic purposes and that he desired to beheard on the subject before action TREASURY OF THE U~""ITED STATES, Washington, Apri-l 20,1886. should be taken on the bill, we ought at least to hear what the officer l\Iv DEAR Srn: I beg to call your attention to a bill (H. R. No. 902) introduced has to say and ascertain what value should be attaehed to his sugges­ by 1\Ir. WILLIS, providing for the establishment of a subtreasury at Louisville, Ky., to which I am opposed, for the reason that no such office is needed at that tions. This much it seems to me is necessary to our considerate ac­ point. and upon which subject I should like t-o be heard before final action by tion. the House. Now a few words to our friends on this side of the House. If I know Yel'y respectfully, C. N. JORDA.J.~, how ~e came here, it was partly because we protested that our prede­ Treasm·et· of the United States. cessors, when in control of the Government, kept more men in office Hon. SAMUEL J. RANDALL, and the public employ, had more officers, laid more taxes, collected.and House of Reprcsentativce. spent.more money, than was necessary for public uses and purposes. 1\Ir. WILLIS. Will my friend permit me to ask if any committee Mr. DOCKERY. That is it. - of this House called for that information? :Mr. :MORRISON. It was statements like these and belief in them Mr. HOLMAN. Not that I am aware of. " that :filled many seats with their pre:sent occupants. But for the be­ Mr. RANDALL. Well, that brings me to my feet. lief and expectation in the public mind that we intended to pursue a The SPEAKER pro tempore. The gentleman from Indiana has the different policy from our predecessors some of these seats would be floor. :filled by gentlemen of the opposite political party. In this Congress Mr. HOLMAN. I will yield to the gentleman from Pennsylvania. there have been more offices made than have been dispensed with or abol­ Mr. RANDALL. That letter came to me and I immediately banded ished, and I want to call the attention ofgentlemen around me to the fact. it over to the. gentleman from Kentucky in cha.rge of this bill. No For one I propose to stop right here; in fact, I never began. To me it doubt Mr. Jordan, the Treasurer of the United States, supposed the seems more :fitting that we on this side of the House should be looking bill was in the Committee on Appropriations, when it was not, and I for officers whose services can be dispensed with than hunting or creat­ gave it the proper direction. ing places to put in new ones. Mr. WILLIS. I only wanted to know. if any committee ever asked Ur. DINGLEY. Mr. Speaker, the fiscal policy of this Government his opinion upon the subject. for many years bas combined the subtreasury and the depository sys­ ::M:r. HOL:MAN. I can not yield further, but I should like to have a tem, and we have bad neither e:x;clusively. Wehaveto-day, or had at little more information upon this point. I should be glad to know, · the close of the last fiscal year, nine subtreasuries and one hundred upon the state of facts before us, whether the Committee on Coinage, and thirty-two national-bank depositories, in addition to the various Weights, and Measures had occasion to consider the views of the Treas- mints. urer of the United States? - It will be seen by the report of the Treasurer of the United States Mr. BLAND. I am aware of one fact that bas developed here ill that he thinks we have gone ll8 far as we ought to go in the extension this House, that is that the Treasury Department-- of subtreasuries, and we should rather limit than extend that system. Mr. HOLMAN. I do not yield for a speech. On page 506 of the Report on the Finances for this session I :find he Mr. BLAND. Well, you Mke

Mr. HISCOCK. I rise to a question of order. The SPEAKER pro ternpo1·e. The gentleman from Illinois rises to The SPEAKER pro tempore. The gentleman will state it. make a parliamentary inquiry. He will state it. Mr. HISCOCK. My ·point of order is that it is not in order at this Mr. CANNON. I call the attention of the Chair to this fact, that time to call the previous question upon this bill. The debate under the bill has been considered in the House as in Committee of the Whole, the five-minute rule has not yet taken plare. and that it can not be disposed of finally as long as any member wants The SPEAKER pro tempore. The gentleman from New York makes to offer an amendment till that is disposed of. · the point of order that it is not in order to call the previous question The SPEAKER pro ternp01·e. That would be the rule in the Com­ upon the engrossment and third reading of this bill. mittee of the Whole House; but in the House as in Committee of the · Mr. HISCOCK. It has not yet been read for amendment and debat~ Whole the previous question can be ordered. The Chair will put the under the five-minute rule. question. The SPEAKER pro tempo1'e. The Chair will cause the Clerk to read Mr. BURRO~S. I desire to inquire if the motion for the previous from page 346 of the Digest a ruling by Speaker CARLISLE on this sub­ question is voted down would not the bill then be open to amendment? ject. The SPE.A.KER pro tempore. It wou'ld. The question is on ·order­ The Clerk read as follows: ing the previous question on the engrossment and third reading of the Where a. bill or resolution is under consideration " in the House as in the Com­ bill. mittee of the 'Vhole" under what is known as" the five-minute rule," motions The question being taken, there were-ayes 58, noes 6G. to lay on the table, for the previous question, to reconsider, to postpone, &c., are in order, as is also the demand for the yeas and nays. In other words, su,ch So (further count not being called for) the previous question was not an order merely takes the bill out of the Committee of the Whole, and limits ordered. debate thereon to five-minute speeches. Mr. WILLIS addressed the Chair. · Mr. HISCOCK. Thefiveminutes' debate for the purpose of offering 1\Ir. HOLMAN. Is a motion to lay the bill on the table in order? amendments to the bill has not yet commenced, and the bill has not yet The SPEAKER pro ·tempore. It is. been considered nnde.rthefive-minuterule; therefore the previous ques­ Mr. WILLIS. I bad the floor, I believe. tion can not be demanded. The. SPEAKER pro tempore.. Did the gentleman from Kentucky call Mr. REED, of Maine. I think the actual ruling at that time was 'for tellers? upon an amendment, or upon some particular section of the bill. The 1\Ir. WILLIS. If the House will indulge me for a quarter of a min­ idea I have about it, and the xqannerin which tltesubject was brought ute I desire to make a very brief ~tatement. I have no desire to cut up, is that we were proceeding to consider the bill in the House as in off debate or amendments. I trust the House knows me well enough Committee of the Whole; and the only advantage of having it in the to believe that I have not. I appeal to the House, and to its sense of House is that at certain times the previous question may be demanded fairp.ess, to allow me to make a motion to postpone ~he consideration upon particular clauses, amendments, paragraphs, or sections as they of this bill to a future day. come up. For instance, a section of the bill is read; it is then debated, Mr. RANDALL. I suggest that the bill be recommitted. and the previous question may be demanded upon that section; but it The SPEAKER pro tempore. The Chair must entertain the motion can not be demanded upon the whole bill. - of the gentleman from Indiana as :first in order, to lay the bill on the Mr. HISCOCK. I would like to know what is the purpose of con­ table. sidering a bill under the fh·e-minute rule for debate and amendments Mr. HOLMAN. I am-perfectly willing to substitute tho motion to .if the previous question can shut off the whole? · recommit. . Mr. REE:O, of Maine. I think I am correct in my recollection of The SPEAKER pro tanpore. The gentleman from Indiana with­ the ruling in question. draws the motion to lay on the table and moves to recommit the bill Mr. McCREARY. Mr. Speaker, there bas been no amendment of­ to the Committee on Coinage, Weights, and Measures. fered, and therefore there is no amendment to vot~ upon. .As I under­ Mr. WILLIS. I hope that motion will be voted down. stand the rule adopted by this House, when a bill has been referred to The SPEAKER pro tempore. The motion to postpone has preference. the Committee of the Whole on the state of the Union and the mo­ The gentleman from.Kentucky moves to postpone the consideration of tion is made and carried to discharge the Committee of the ·whole House this measure-until when? from its further consideration and consider such bill in the House un­ llfr. WILLIS. The 15th of May. I hope there will be no opposi­ der the five-minute rule, that it is to be debated under the five-minute· tion to that. rule as if in committee is not strictly correct, because a motion for the Mr. HISCOCK. I desire to inquire if this bill should be postponed previous question, or a motion to lay the suhject upon the table, as till the 15th of May what preference would it have over other business has just been read, is unquestionably in order. on that day? It is fair we should know that before we vote. Mr. HISCOCK. Has this bill been read yet for amendment? The SPEAKER pro tempore. The Chair is of opinion that at that The SPEAKER pro tempm·e. It bas not. ' time it would occupy the same position as it does now. Mr. HISCOCK. Then we a\"e entitled to have it read for amend­ Mr. HISCOCK. Do I understand, then, that it goes into the morn­ ment. ing hour? TheSPEAKERproiempore. Thepresentoccupantofthechair, ifthere The SPEAKER pro tempore. It would take its place in the order of had been no previous ruling on this subject, would be inclined to sustain unfinished business at that day, as a special order. the point of order. But the Chair finds in the Digest the rulipg ·or the Mr. REED, of Maine. I suppose the postponement of the bill to a Speaker of the House which the Clerk has just read. It is to the effect particular da.Y would have the same effect as a special order? that the consideration of bills in the House as in Committee of the The SPEAKER pro tempore. ·It would be madeaspecial order in the Whole, under the five-minute rule, does not ~n any way limit the op­ order of unfinished business. eration of the previous question. The previous question may be ordered 1\Ir. HOLMAN. I do not understand it is made a special order. at any time after the five-minute debate has begun upon the bilL So The SPEAKER pro tempore. The Chair is of opinion that postpon­ the Speaker has held and it bas been the uniform practice of the Honse. ing a propositioll to a day certa_in makes it a special order for that day. Mr. REED, of Maine. Has it been so held as that the previous ques­ 1\Ir. STEELE. I c..1.ll for the regu]a,r order. _ tion may be ordered upon any part of a bill that has not been read for Mr. KELLEY. Would it exclude a revenne bill? For I understand amendment? one has been substantially fixed for consideration on that day. The SPEAKER pro tempore. The Chair is of the opinion that the The SPEAKER pro tempore. The Chair would prefer that the Speaker ruling of the Speaker has gone to the extent that the previous question occupying the chair at the time when the bill shall be again called up can be ordered after there has been a :five-minute debate upon the bill. shall rule on any question that may arise as to its status. Mr. REED, of Maine. Has the· Chair examined the original decision The question being taken on the motion of Mr. WILLIS, there were­ upon this point, or is he proceeding on what appears in the Digest? ayes 115, noes 15. The SPEAKER pro tempore. This is the decision as g~ven in the Mr. DUNHAM:. No quorum. Digest. The Chair will ask the Clerk ~o-ain to read it. The SPEAKER pro tempore. The Chair will appoint tellers. , The Clerk read as follows: · Mr. WILLIS. I ask fo'r the yeas and nays for the purpose of letting Where a bill or resolution is under consideration" in the House as in the Com­ the House carry out its will. Unless the vote is taken by yeas and mittee of the Whole" under what is known as the "five-minute rule," motions nays the House can not carry out its will. to lay on the table, for the previous question, to reconsider, to postpone, &c., are in order, as is also the demand for the yeas and nays. In other words, such The yeas and nays were ordered, 56 members voting therefor. an order merely takes the bill out of the Committee of the Whole and limits de­ The SPEAKER po tempore. '.fbe question is on postponing the bate thereon to five-minute speeches. further consideration of this bill to the 15th of May. Mr. REED, of Maine. But the previous question can not be ordered Th~ question was taken; and there were...... yeas 213, nays 20, not on what bas not been read. It can only be ordered on what has been voting 90; as follows: considered. YEAs-213. The SPEAKER pro. tempore. This bill was read in the House on Adams, G. E. Barry, Brect'inriuge, C. n. Burrows, yesterday, and has been considered under the five-minute rule to-day. Adams, J. J. Bayne, Breckimidge,WCP.Bynum, Allen, C. H. Blanchard, Brown, C. E. Cabell, Mr. HISCOCK. But the bill has not been r~d for amendment. Allen, J.l\1. Bland, Brown, W. W. CaldweU, The SPEAKER pro tempore. The Chair is of opinion that the mo­ Anderson, C. M. Bliss, Buchanan, Campbell, Felix tion of the gentleman from Kentucky is in order at this time. Anderson, J. A. Bound, Buck, Campbell, J.l\I. Atkinson, Boutelle, Bunnell,. Cannon, Mr. CANNON. I desire to make a parliamentary inquiry. Baker, Brady, Burleigh, Carleton, Mr. BLAND. I call for the regular order. Ballentine, Bragg, Burnes, Caswell, •

·' 3894 CONGRESSIONAL RECORD-HOUSE. APRIL 27,

Catchings, Harris, 1'1-Iorrill, Springer, Mr. CANDLER with 1\!r. PETTIBOXE. Clardy, Haynes, Muller, Stahlnecker, Olements, Hemphill, Murphy, Steele, 1\Ir. HENDERSON, of North Carolina, with 1\Ir. BROWNE, of Indiana·. Cobb, Henderson, D. B Neal, Stephenso~ Mr. GREEN, of New Jersey, with !i!r. MA.B.KHA.lU. Compton, Henderson, T.J. Neece, Stewart, Charles. 1\Ir. LOVERING with 1\Ir. STEWART, of Vermont. Coirultock:, Henley, Negley, Stone, E. F. Cooper, Herbert, Nelson, Stone, W. J., Ky. The result of the vote was then announced as above recorded. Crain, Hermanz Norwood, Stone, )V. J., Mo. The SPEAKER prl> tempore. The hour for the consideration of the Crisp, Hiestana, O'Ferrall, Strait, bill has expired. Culberson, Hill, . O'Hara, Struble, Cut~heon, Hires O'Neill, Charles Symes, PRINTING FOR SELECT Co:li::uiTTEE ON LABOR. Daniel. Hitt , O'Neill, J.J. Tarsney, Dargan, Hohnes, Osborne, Taulbee 1\Ir. BURNES. 1\I:r:. Speaker, I desire to offer a resolution for pres­ Davenport, Hudd, Outhwaite, Taylor, I. H. ent consideration. Davidson, R. H. 1\1. Hutton, Owen, Taylor, J.l'II. - The resolution was read, as follows: Davis, Irion, Parker, Taylor, Zach. Dawson, James, • Payson, Thomll8, 0. B. Resolvecl, That the testimony taken by the select committee on existing labor Dibble, Jones, J. H. Peel, Thompson, troubles be printed, and that 100 extra copies thereof be printed for the use of Tiingley, Jones, J. T. Perkins, Tillman, the committee. · Dougherty, Kelley, Perry, Townshend, -The SPEAKER p1·o tempore. Is there objection to the present con­ Dowdney, Ketcham, Peters, .VanEaton. Dunham, King, Phelps, Van Schnick, sideration of the resolution? ·Dunn, Kleiner, Pindar, Viele, There was no objection; and the resolution was adopted. Ellsberry, La Follette, Plumb, Wade, 1\Ir. BURNES moved to reconsider the vote by which the resolution Ermentrout, Lanham, Reagan, Wait, EYerhart, Lawler, Reid,J. ,V, Wakefield, was adopted; and also moved that the motion to reconsider be laid on Farquhar, Lehlbach, Richardson, Ward,T.B. the table. Felton, Libbey, Riggs, Weaver,A.J. The latter motion was agreed to. . Fleeger, Lindsley, Robertson, . Weaver,J.B. Ford, Little, Rookwell, 'Veber, I IIIA.RIA HOLLANDS. Forney, Long, Rogers, Wellborn, Frederick, Lore, Romeis, West, The SPEAKER pro tempore laid before the Honse the following mes- Fuller, Louttit, Rowell, Wheeler, sage from the Senate: . Funston, Lowry, Sadler, White, A. C. IN THE SENA.TE OF THE UNITED STATES, A.p1·fl1, 1886. Gallinger, Mahoney, Sawyer, ~ White, Milo Gay, Matson, Sayers, Whiting, Ordered, That the Secretary request the House of Representatives to return Gibson, C. H. McAdoo, Scott, Wilkins to the Senate the bill (S. 1586) granting a pension to Maria HoUands. Gibson, Kustace McCreary, Scranton, Willis, ' Glll8 , McKenna, Seymour, Winans, The SPEAKER J71'0 tempore. If there be no objection the bill in­ GrosYtmor, McMillin, Shaw, Wise, dicated in the message of the Senate will be returned as requested. Grout, McBae, Singleton, Wolford, There was no objection, and it was so ordered. Guenther, Milliken, Skinner, Worthington. Hall, Mills, Smalls, ADULTEnATION OF FOOD. Halsell, Mitchell, Sowden, Harmer, :r.Iorgan, Spooner, Mr. P .A.RKER. 1\Ir. Speaker, I wish to enter my dissent from are­ port made from the Judiciary Committee upon the adulteration of foqd . .NAY8-20. The SPEAKER pro te111pore. If there be no objection, the gentleman Arnot, Conger, Johnston, J. T. Randall, may file his views and ha.ve them printed with the report of the com- Beach, Cowles, Johnston, T. D. Rice, • Blount·, Hewitt, Lyman, Storm, mittee. · Campbell, T. J. Holman, McComas, Swope, There was no objection, and it was so ordered. Collins, Howard, Miller, Warner, William. RIVER AND HARBOR APPROPRIATION BILL. NOT VOTING-90. Aiken, Evans, Laffoon, Reed,T.B. 1\Ir. WILLIS. I move that the House now resolve itself into Com­ Barbour, Findlay, Laird, Reese, mittee of the Whole Honse on the state ofthe Union. Barksdale, Fisher, Landes, Ryan, The motion was agreed to. Barnes, Foran, LeFevre, Seney, Belmont, Geddes, Lovering, Sessions, The Honse accordingly resolved itself into Committee of the Whole Bennett, Gilfillan, :r.rarkham, Snyder, on the state of the Union (Mr. WELLBORN in the chair), and resumed Bingham, Glover, Martin, Spriggs, the consideration of the bill (H. R. 7480) making appropriations for the Boyle, Goff, Maybury, Stewart,J. W. Browne, T.M. Green,R.S. McKinley, St. Martin, construction and preservation of certain public works on rivers and har­ Brumm, Green, W. J. Merriman, Swinbgrne, bors, and for other purposes. Butterworth. Hale, Millard, Taylor, E. B. The CHAIRMAN. The pending question is on the point of order Campbell,J.E. Hammond,, 1\-Ioffatt, Thomas, J. R. Candler, Hanback, Morrison, Throckmorton, made last evening by the gentleman from Pennsylvania. [Mr. BAYNE] Cole, Hat<'h, Morrow, Trigg, against the amendment proposed by the gentleman from the same State Cox, Hayden, Oates, Tucker, [1\Ir. EVERHART]. The Chair indicated yesterday his" disposition to Croxton, Heard, O'Donnell, Turner, Curtin, Henderson, J. S. Payne, Wadsworth, overrule the point of order and to submit this amendment to ~ vote of Davidson, A. C. Hepburn, Pettibone, Ward,J.H. the committee. On reflection, the Chair is satisfied that he 'was then Dockery, Hiscock Pidcock, Warner,A.J. wrong, and now hastens to correct his error. The sitnationisjnstthis: Dorsey, HopkinS, Pirce, Wilson, Eden, Honk, Price, Woodburn. The original p~o-raph in the bill has been stricken out and new matter Eldredge, Jackson, Pulitzer, inserted. The amendment against which the point of order is raised Ely, Johnson,F.A. Ranney, proposes to strike out this new matter. To do this would be equivalent So the motion WM agreed to. to a reconsideration of the action by which the Committee of the Whole Mr. WILLIS. I ask urum.i.mous consent that the reading of the inserted this matter. This can not be done. The Chair sustains the names of members voting be dispensed with. point of order. There was no objection, and it was so ordered. 1\fr. EVERHART. Is it in order to move to lay that proposition on The following-named members were announced as paired until fur- the table? . ther notice: The CHAIRMAN. In Committee of the Whole there is no such mo­ :Mr. LANDES with MJ:. O'DONNELL. tion as a motion to lay on the table. Mr. THROCKMORTON with Mr. JACKSON. The Clerk read as follows: Mr. l\iAYBURY with Mr. RYAN. Improvement of the ~Iuskingl1In River, Ohio, between Zanesville and the :M:r. GREEN, ofNorth"Carolina, with Mr. HAYDEN. niouth of the ri-.er, and for operating the same, $20,000. And the Unit-ed States hereby accepts !rom the State of Ohio the saidMuskingumRiverimprovewent, 1\ir. CROXTON with Mr. DORSEY. and all the lveks, dams, and their appurtenances, and the canals belonging to Mr. BENNET£ with 1\Ir. EZRA B. TAYLOR. said improvement, and all the fmnchises and property of every kind, and rights 1\ir. PIDCOCK with 1\Ir. JOHNSON, of New York. in said riYer, and its improvements now owned, held, and enjoyed by the State of Ohio, subject to the conditions in the act of the General Assembly of the Stnto 1\!r. LE FEVRE with Mr. WADSWORTH. of Ohio passed and taken effect on the 2d day of l\Iay, 1885, including all water 1\ir. CoLE with Mr. GOFF. leases and rights to use water under and by virtue of any lease of water now 1\Ir. HAMJUOND with 1\Ir. THO:MAS, of Illinois. running and in force between the State of Ohio aud all persons using said water, hereby intending to transfer to the United States such rights in said leases 1\Ir. TURNER with 1\fr. HOPKINS. and contracts as are now owned, held, or reserved by the State of Ohio; but not 1\Ir. DAVIDSON, gf .A.l~bama, with Mr. SWINBURN. to affect any right to the use of the water of said rive? now owned and held by Mr. ELDRIDGE with Mr. PAYNE.' tho lessees of any water right under any lease or contract with the State of Ohio. And the United States hereby assumes control of said river subject to the The following-named members were announced as paired for this paramount interest of navigation. The provisions of this act, so far as they re­ day: late to the Musk.ingum River, shall not take effect, nor shall the money hereby 1\Ir. FORAN with 1\!r. 1\fCKlNLEY.. appropriated be available, until the State of Ohio, acting by its duly authorized agent, turns over to the United States all property ceded by the act of the Gen­ :M:r. LAFFOON with 1\Ir. Br:NbHAM. eral Assembly aforesaid, and all personal property belonging to the improve­ 1\Ir. WARD, of lllinois, with Mr. BRUMM. ment aforesaid, and used in its care and improvement, and any balance ot 1\ir. SNYDER with Mr. HOUK. money appropriated by said State for the improvement of said river and which Mr. CAMPBELL, of Ohio, with 1\Ir. HEPBURN. is not expended on the 15fu day of July,l886. Mr. HEARD with Mr. HANBACK. Ur.REA.GAN. IobservethatthisparagraphproposesthattheUnited Mr. SENEY with Mr. EVANS. States accept from the State of Ohio this work, subject to the conditions •

' 1886. CONGRESSIONAL RECORD---HOUSE. 3895 of an act of the General Assembly of that St.ate. I would like to know shall break down theriverand harbor bill and arrest all improvements what the provisions of that act are. in this line. Mr. GROSVENOR. The act of the Legislatlue of Ohio simply cedes It is for this purpose, and because I do not think the Government to the United States all the right, title, and interest of the State in the ought to take hold of private works and works of private corporations­ improvement of the Muskingum. River. . take them off their hands or off the hands of the State, simply to be held Mr. REAGAN. What is the meaning of the reservation of water by the Federal Government. rights and privileges? Does it mean that there are mills or other pri­ Some of these works were necessary. I believe the Sault Ste. Marie vate establishments to be supplied with wat,.er-power by this expendi­ Canal was a necessity. I think the Des Moines Canal was a neeessity. ture on the paU; of the General Government? I think the Louisville and the Tennessee River Canals were necessary. Jtfr. GROSVENOR. Under the system of improvement of the Mus­ The others I would classify as luxuries of the most expensive sort. It kingum River and all the canals in the State-and I may as well say the seems to me, while improving navigation to increase business in a par­ 1\:{uskingum Rh... er improvement is part of the old canal system of the ticular locality, it may be calculated to do a great deal to injure the State-under that system the St.ate has always by written leases leased general work on rivers and harbors in the way of facilitating and cheap­ to mill-owners and manufacturing establishments along the line of the ening the transportation of the commerce of the country. To facilitate stream the right to use the surplus water, the water not necessary for and cheapen that transportation is the great work, and nothing should navigation. Some of those leases do not expire for two or three' years. be allowed to interfere with it. Not more than one or two of them_extend beyond 1890. The provision Mr. HEPBURN. I rise to a point of order in reference to so much of this river and harbor bill is that the rights acquired under those leases, of the pending paragraph as is included in the words in lines 860-861: whatever they may be, shall not be disturbed until the expiration of And the canals belonging to said improvement, &c. the term for which the leases are to run. I ought to say in this con- · The point I make is that this is a river and harbor appropriation bill, nection that the supreme court of our State in two or three cases, npta.­ and it has been decided that canals are no part of such improvements. bly in the case of The Manhattan branch of the Ohio Canal vs. The City Here is a proposition looking to the acquisition of a canal, with all ita of Toledo, has decided that the lessee of tlle water privilege has no right appurtenances, locks, and dams. Under the. distinction made in the which he can enforce against the State or anybody else; that he only decision of the Chair yesterday, Il.10ld this portion of the pending par- holds his privilege as a matter of gmce, his rights being subordinated agraph is subject to the point of order and must be ruled out. · to the right of navigation in the can..'l.l. · 1\fr. GROSVENOR. I will say in reply to the point of order made 1\Ir. REAGAN. Mr. Chairman, whatever may have been the decis­ bythe gentleman from Iowa that the Oswego Riverisnotacanal. The ion to which the gentleman refers, if we now pass an act of Congress system of slackwater navigation consists in the construction of a short accepting and assuming control of these works, snbjQCt to the rights of canal of about one-fifth of a mile in length as a part and necessary ad­ lessees of water privileges, it will not be within the power of any court junc-t: of the navigation of a river. This work was begun in 1831. to take away those privileges. The system then was to put a dam into the river and penetrate it 1\fr. GROSVENOR. The gentleman will allow me to say that the with a lock, so as to land the boat. in a slackwater a short distance net income to the State from these leases is something over $4,000 a above the dam. It is no more a canal than is the central stone work • year; and by the terms of this act the proceeds of those leases are of any lock on the dam. That is all there is about it. transferred to the United States. About the canals on this river-and I wish to speak of them as they 1\fr. REAGAN. Mr. Chairman, we have spent nearly ~2,000,000 in deserve, and will do so hereafter-changes have been made until they making locks and dams on the Fox River, Wisconsin, to supply water­ are reduced to four or five little short canals, one little over a mile and power for mills and manufacturing establishments. I take it that the the others most of them only one-fifth of a mile in length, used simply provision now before us proposes not only that the Government enter for the purpose of getting above the dam. upon slackw:\ter navigation at this point, but that it furnish water­ Mr. WILLIS. I submit to the Chair that the point of order made by power for private individuals or corporations-the same thing which the gentleman from Iowa came too late. This paragraph was under has been done at Saint Anthony Falls and upon the Fox River. I have discu.s&on and had been discussed for some time. protested when a preceding provision of this bill was under considera­ The CHAIRMAN (Mr. .McMILLIN in the chair). The gentleman tion against the increase of appropriations for slaMonongahela River we had adopted an amend­ has nothing at all to do with the improvement of rivers and harbors. ment which would have taken the sting out of the scheme of the The gentleman from Kentucky makes the further point that the gen­ Monongahela Navigation Company; but after this had been done an tleman's point of order came too late; that the parngraph had been un­ amendment was offered striking 'out all that and inserting another pro­ der consideration before the gentleman from Iowa rose from his seat to vision to the effect that this company should not levy tolls upon any raise the point of order. The Chair decides the point of order came too commerce originating above its works. Everybody must know that late, as the paragraph had been under consideration for some time. this proviso meant simply nothing, but left in the bill a clean appro­ Mr. WARNER, of Ohio, rose. priation of 120,000 for that work, because a company incorporated The CHAIRMAN. Debate on the pending amendment is exhausted. under the laws ofPennsylvaniaand authorized bythelawsofthatState Mr. WARNER, of Ohio. I wi.ij. move then to strike out the last word. to charge tolls on the commerce of that river will pay no more atten­ lli. HEPBURN. Mr. Chairman, I submit I rose to make the point tion to a proviso of that kind than if it had never been insexted. I of order on the pending paragraph at the very first moment it was pos­ was therefore amazed that the House sat still and adopted an amend­ sible for me to do so. I tried to get the attention of the Chair, but ment like that strik-ing out a substantial proposition which had been others were recognized, and as soon as I could get the attention of the before agreed to. . Chair I made the point of order against the pending paragraph. But, Mr. Chairman, I do not know that it is worth while to spend The CHAIRMAN. The Chair will state, in reply to the gentleman time in resisting effQrts which will inevitably lead to the destruction of from iowa, that the question was being discussed before the gentleman all possibility of ever passing river and harbor bills. If we are to ex­ from Iowa sought the attention of the Chair or before the Chair ob­ tend provisions of this kind to all the slackwater navigation-com­ served him. The gentleman from Texas had occupied the floor forfive mencing with the Columbia River, ap.d taking in the Sault Ste. :Marie minutes, and his time having expired and the hammer having fallen, Canal, the Des Moines Rapids Canal, the Tennessee River Canal, the the floor was taken by another and the time yielded to the gentleman Louisville and Portland Canal, the Kentucky River Slack-Water Navi­ from Texas to conclude his speech. It was not until the gentleman gation, the GreatKanawhaSlack-WaterNavigation, on the three rivers, from Texas had concluded his speech that the gentleman from Iowa about which provisions have already been inserted in this bill, one in raised the point of order. The gentleman from Ohio [Mr. WARNER] the State of Pennsylvania, two in Kentucky-where it is proposed the has been recognized, and is now entitled to the floor. Government shall purchase works already in ex.istence-- Mr. WARNER, of Ohio. A canal has no place here, and might be [Here the hammer fell.] dropped out without any loss whatever. 1\fr. KING obtained the floor, and yielded his time to Mr. REAGAN. 1\Ir. HEPBURN. What bas become of my point of order as to that Mr. REAGAN. I thank the gentleman from Louisiana for his court- porlion of the paragraph relating to canals not being in order to a river esy. I will not transgress upon the attention of the House any longer and harbor appropriation bill? than necessary. The CHAIRMAN. It has been decided to have been made too late. The money that will be required for these canals and this slackwater The Chair is aware of the fact that a distinction has been made as be­ navigation would do a great deal toward deepening and removing ob­ tween canals proper and natural water ways. The point of order has structions in the navigable rivers of the country, estimated, I believe, been decided to have been made too late, and the floo:J; has been as­ to be about 28,000 miles of navigable water. It would do a great deal signed to the gentleman from Ohio. toward improving the great lakes and the other navigable lakes of the .Mr. WARNER, of Ohio. Mr. Chairman, the General Government country. It would do a great deal to-ward deepening and removing ob­ has undertaken to improve all the tributaries ofthe Ohio River on the structions in the inlets to the harbors of the country so as to secure Kentucky and West Virginia side, as well as certain oftltetributarieson convenience, cheapness, and ease to navigation. But just so surely as the western side. When t4e gentJeman from Texas [Mr. REAGAN] was we go on loading the river and harbor bill with provisions for the pur­ chairman of the committee having charge of the improvements of rivers chase of expensive canals and systems of slackwater navigation we and harbors, I remember bills were brought in for the improvement of 3896 CONG-RESSIONAL RECORD-HOUSE. APRIL 27,"

tributaries of the Ohio even where dams had been constructed by pri­ 1\Ir. WILLIS. I will yield to the gentleman from Ohio [Mr. GRos­ vate parties. The General Government has expended a large amount VENOR] who can explain tbe matter very fully. of money on the Big Kanawha, arid is spending money on the Little Mr. GROSVENOR. Mr. Chairman, the Muskingum River improve­ Kanawha and upon most of the other tributaries of the Ohio River. ment, now navigable by steamboats, is 65 miles long, extendin·g from The Muskirigum River is one of the largest if not the largest tributary Marietta, on the Ohio River, to Zanesville. Heretofore on that river the of the Ohio from the west, and the only reason why the General Gov­ State of Ohio has expended $1,600,000 for the construction of its locks ernment has not taken control of that river and made appropriations and dams. The work, as I have said, was begun in 1836 and completed for it is that many years ago, when a different system prevailed, the in 1841. The State of Ohio has appropriated somewhere from ten to State of Ohio undertook to improve this river, and did improve it. twenty-:fivethousand dollars ayear to keep theselocksa11d dams in re­ Under the earlier decisions of the court a river, if wholly within a pair. It is like any other slack-water navigation, and does not keep itself Stat~, although a tributary to an interstate water way, was left to in repair. -It is like any other river and harbor of the country which the care of the State; but under later decisions, which go so far as to requires to have appropriations of money from year to year, as occasion establish the right of the General Government to remove even the may require, to keep it up. The general appropriation of the Ohio Leg­ dams and locks which may have been placed upon a river by a State, islature, which is probably the law to-day, provides that$10,000 be ex­ things have changed. There is no longer any question as to the right pended for the improvement of this river this year, and the bill of the of the Government in such cases to take possession and improve such committee provides that that money, or so much a.•:; may not have been navigable tributaries, but it is the only power that can. The General expended on the 15th of July coming, shall be transferred with the per­ Government, notwithstanding the work the State has done, may at any sonal property to the Government, and then the control of the river time take possession of the Muskingum River, and may prevent the shall pass to the control of the United States, and shall henceforth be­ building of bridges across it, and may, if it sees :fit, without asking come and remain a part of the public works of the Government. leave, remove from it all dams: locks, or other obstructions placed there The personal property consists of boats and the plant, as we call it, by the State. to keep a slack-water navigation of 65 miles in repair, and the $20,000 The decisions of the courts go to this extent; that is, the jurisdic­ to be appropriated by this bill.is to be appropriated to meet the require­ tion of the General Government is flot only paramount but exclusive ments of the estimates made by the engineers for the repairs and im­ whenever it chooses to assert it. The Muskingum is a navigable trib­ provements of the locks and dams. I have said it cost $1,600,000. utary of the Ohio, and is therefore a part of an interstate system of navi­ The State of Ohio has expended $704,571.26 upon the work in addi­ gable waters; and if one part of such a system is taken in charge by tion to the original cost, and has received from it $670,975.88. So the General Government, why not the whole? There is a hesitancy in that during the whole time from 1838, when the first tolls weie col­ every State since the General Government has entered upon the system lected, down to this time the net expense to the State of Ohio above of improvements, under the later decisions of the courts, to appropriate receipts has been only $33,585.38. The water-rents amount to about money for any works that are interstate; a.nd if the rivers of one. State $4,000 a year, and by the terms of this bill they are transferred to the are to be provided for out of the. common Treasury, why should not General Government. But care has been taken in the aet that no in­ • all be? justice shall be done to the lessees, who hold their leases subject to the But, 1\fr. Chairman, this is not a proposition to obtain control by pu_r­ paramount interest of navigation. chase or by condemnation. It is a proposition to take possession with­ Now I want to speak a word or two about the business of that river. out cost of a river already improved and to appropriate a small sum for It is a beautifUl river, and is the only tributary of the Ohio River lying further improvement. A large amount of ~oney has been expended in Ohio for which the.Government has been asked to make any expendi­ by the State on this river for its improvement, all of which passes to ture of money. I was met the other day by the question, and I will the General Government without cost. There is no other way, I say, answer it now, why does the State of Ohio propose to co~cede this work under the decisions I have referred to, to maintain such works as these to the General Government? I will tell you. This slack-water navi­ and continue them as parts of a general system of water ways but to gation is part of a system of canals running from Cincinnati to Toledo, haYe the General Government ~tune the control which the Supreme from Portsmouth to Columbus, from Columbus down the Hocking Val­ Court of the United States has said they may. _ ley, and from Columbus to Cleveland, by way of Coshocton, and from All we ask is that this river be put upon the same basis as the Zanesville to Marietta by this river. It is all one system and is called · other tributaries of the Ohio. No money is to be paid to the State; the public works of Ohio. They were leased.from 1869 to 1878 to the · there is no purchase of the works to be negotiated, but a very valuable "lessees of the public works;" and my statement of the receipts and · property is ceded to the General Government in order that the system expenditures does not cover that time. This river, I understand, was of the Ohio and its great tributaries may be made complete and open to very profitable to the lessees. all alike. The Government could, in my opinion, now stop the collec­ Many canals of Ohio are becoming unpro:fitabl.3. The Muskingum tion of all tolls on this river. I go so far as ·to say under the decision improvement is one of the fairly profitable works of the State, and the of the court that the collection of tolls by State authority might be canal from Cincinnati to Toledo is another; one on one side of the State, prohibited on the commerce of this river on the ground that tolls are substantially, and the other on the other side of the State. Some por­ an obstruction to interstate commerce; That is the situation; and for tions of canals have been abandoned already by acts of the General As­ this reason it is proposed to pnt this tributary upon the same footing sembly, and a strong party in the State favors an entire abandonment with all the other great tributaries of the Ohio River by putting it of the profitless portions of the canals. So it has been deemed wise to under the control of the General Government. lop off from the general canal system of the State this valuable im­ I withdraw the p1·o forma amendment. provement and ask the Government to take it without additional cost Mr. HEPBURN. I renew it. I would like, Mr. Chairman, to have and keep it for the general purposes of na"rigation. the chairman of the Committee on Rivers and Harbors inform us what These 65 miles are traversed every day by steamboats. One leaves improvements there are now on this Muskingm;n River that it proposes Zanesville every morning going through the greatcountyofMuskingum; to appropriate this $20,000 for. 1\Iy understanding is that the·only the county of Morgan, and then the county of Washington, the large work now being prosecuted is the completion of the ice-harbor, and and productive county represented by Genel1\l WARNER in this House, that there is no otb.er work being done. There is no other reference with its over 43,000 inhabitants, and so on to :Marietta. And a boat to the Muskingum River in the reports of the engineers. If there is I leaving Marietta in the morning of each day goes to Zanesville, so that am unable to :find it. . ' the river is traversed twice a day from one end to the other, besides Mr. GROSVENOR. Let me mterrupt the gentleman to say that the small boats running from Zanesville to McConnelsville a. round there are full and elaborate reports from the engineers of the Govern­ trip daily, and from Beverly to Marietta, a round trip also each day. ment of the details of the work proposed to be done, with maps and This navigation furnished all the means of public travel between plans. This was offered some time ago and is now before the House. Marietta and Zanesville, and the United States sends its mails over the It bears date January 22, 1886. whole route daily. Ur. IJEPBURN. Then it was submitted after the reports of the [Hel"e the-hammer fell.] engineers? Mr. BUTTERWORTH was recoguiz~, and yielded his time to Mr. Mr. GROSVENOR. Yes; it is not in the last year's report. GROSVENOR. M:r. HEPBURN. For all we :find in the reports is that the engineers Mr. GROSVENOR. The business of that river is very profitable. a1·e now engaged in building an ice-harbor, upon which there has already I have a statement here from the report of the engineer showing the been expended $194,000, and that it is proposed to expend $95,000 more amount of business which is done. It is very large. I will only stop in the completion of that harbor. to read a few items of the shipments for one single year. It embraces Now we :find here a proposition to appropriate $20,000 in this para· e.,ery commodity produced in that magnificent valley. Among the graph for the improvement of the Muskingum River _and then this other items, that of general merchandise amounted to 1, 025,000 pounds, other extraordinary provision looking to the acquisition of the works while pig-iron amounted to 333,000 tons, lumber 463,000 feet, and tim~ by the General Government. It seems to me as if the appropriation ber 98,000. Every commodity thatthatvalleyproduces is carried npOI\ was gratuitously made by the committee in order to have something that slack-water navigation. . . upon which they could hang that other proposition to acquire the work. I here add a statement of the business showing the average annual If that is not so I would be glad if the chairman would inform us what shipments since 1878, when the property camEl back to the control o~ the facts are. the State. CONGRESSIONAL RECORD-HOUSE. 3897

Tonnage table.

Zanesville. McConnelsville. Marietta. Articles, Arrived. Cleared. Arrived. Cleared. Arrived. Cleared.

·irt!:~d·b;;~~·::::::::::::::::~·:::::::::.::~::::::::·.:::::::::::::::::::::::::::::::·.:::::::::::::::::::::::::·:.:·:::::::~~J~~~::: 1 '~~ ············391· ...... 202, ...... 46·~::::::::::::::::: ...... 163 Blood...... do...... 31 ...... §[f~~;:::.:~::;:::;~~~:;::~~~;::;:::~::;~~:~;:;;;;:;:;::::;:;;;~~;:;;::::::::;;;:~;;::::::;::~:;:::::::;:;;;;;;;::;:::ji:::::: :::::::::~~:~: :::::::::;:::~: :~:::::::::::::::: :::::::~~::~~:: :::::::~:::. ··········~:~ ~i;~:-~~~:::::~_::.~:.:~:::.~~;::~~:;;::~~~~:.:::::.:::::~~:~::;::.::::::::::::::::::::~::::~:::.:::::::::.:::::::::::::::j~:::::: :::::::~;:;~: :::::::):~: :: ::::::::::;.: ...... ···~: ~- ·~ ~ Corn ...... ; ...... bushels... 2,583 ...... 410 ...... 1,'5:30' 10,017 ...... ~k:~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::·.:::::::::::~~~~::: ...... ~:.:~ ...... 2,'850' ~:~ ~:~ ...... ~... ~~.. 1g:~ Flaxseed ...... do ...... Oats...... do ...... 50 88 45 Potatoes ...... do...... 3,150 730 1, 019 3, 773 6, (86 ...... :~~~.::::::.:::::::::::::::::::::::::::::::::::;:::::::::::::::::::::::::.:·.::·.::·.:::::::·.:::::::::::·:::::.:::·:::.::::.:::::p~~~::: ...... ~... ~~- ...... i86,'ioo· ...... ~ ...... ~:.~~...... ~:.~~~-- ...... ~ Baggage and furniture ...... do...... 98,100 55,600 ...... 83,700 51,060 ~~~dE~-;::::::::::::::::::::::::::::::::::::::::.::.::::.:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::i~:::::: ...... ~~.:.~. ::::::?~::~: :::::::::::::::::: :::::::~::~~: ~~t~~ .. ~ .... 54~:~ Crockery...... do...... 4, 200 4, 500 ... :...... Dried fruit ...... : ...... do...... 42,700 ...... Hides...... " ...... do...... 23,500 183,900 22,440 400 128,661 36,595 ~fj~;iiiiii~EiE:~iiiiiHSiH!iii~iiHiiiiii:iHf:::H:::~::~:::H:::::::::::::::::::::::::::::u·::::· ...... •~! ... '~-~ ~- ·::~:~~: :::::::~~:~· ······1rm· ...... ~~ Lard ...... , ...... do ...... :...... 33,000 ...... Lea.ther...... -...... do...... 52,400 1,000 1,000 45,100 13,677 ...... Machinery ...... do...... 62,200 133, 700 ...... : .. 10,480 ...... Merchandise ...... do...... 1,200,300 4,903,300 4,037,579 2,018,830 597,442 1,125,370 Peaches ...... do...... 71,800 ...... :-...... Plows ...... :-...... do...... 1, 031,500 ...... E¥!:~;~;~~~::::·:·:·:·:·:::·:::::::::·::·:·:·:·::·:·:·:·:·:·:·:::::·::·:·:·::·:::·:·:::::-:::·:::·:::::::·:·:·:·:·:·:·:·:·:·:·::::·:·:·:::·:·:·:·:·:::::::·:·:·:::·::·::::::::::J~:::::: :::::::~~~:~: ...... ::.:.:- :::::::::::::::::: :::::::::::::::::: ::::::~~:·:=: :::::::::::::::::: ~t!~i~::::::::::::::::::::::::::::::::::::::.::::::::::::::::::::::::.:::::::::::::::::::::::::::::::::::::.:::::::::::::::::::~~:::::: ::::::::::::.::::: ...... ~~ ... ~ ...... 872:97o· ... ii,'i75;ooo· ··'i';«s;B76 ...... Iiii;7oo Tobacco ...... do...... 670, 2.>0 50, 800 61, 900 652, 690 56, 100 ...... Wool ...... do...... 680,000 ...... 195,195 1,000 tr!~7~:;..~.~~~.::.:.:::.::.::_:::::::.:::.:_:,:.:_::_:_::.:.::.:.:_:_:,::.:_:::::.:_:,:.:.:.:_:,:.:.:_::.:_::.:.:.:_:_::.:_:_:_:,:_:_:_:_:,:.:.:_:_:::.:_:_:.:.:_:_:_:_:: _:,:_:_:_:,::.:.:_:_:,:::~·~:1~~:~::~ - ~: ~ ...... ~.:.;~ ...... ~.:-~ ...... ~.:-~ ...... ~·:·=· ...... ~:~.~

. ~~~~~~~~~~~: .. -~ ... -~.:::~~:::;~-~~~~~~ . Railroad ties ...... do ...... • 12,758 ...... Lumber...... feet... 870,300 120,300 SO, 972 577,600 2.39, 064 463,770 Timber...... do. ·...... 15,765 98,600 Stone...... perches... 113 ...... 11,482 112 :a~~::::::::::::::·:::::::::::·::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .. ~d~~.~::: ...... ~~? .. ·:: ::::::::::::::: :::::::::::::::::: :::::::::::::::::: ...... ~ ...... "..... '327

And this commerce may be greatly increased. I quote from the re­ of the Scioto. It thus results that this line of water transportation connects with the Ohio River both at Marietta and at Portsmouth, points that by river are port of the engineer: 183 miles apart. INCREASE OF CO::.IMERCE. The Muskingum s'ack-water was begun in 1837 and completed in 1811, by the In regard to the question as to the increased amount of commerce that would construction of twelve locks, eleven dams, and five short lengths of canals. The be dependent upon this river for transportation were the General Government locks are 180 feet long between hollow q(Joins, and they are built with a chamber to take possession of it and make such repairs and improvements as are prac­ width of 36 feet, but, owing to the yielding of the walls, the present greatest ticable for its better navigation, I would say that there could undoubtedly be available width is 3:1 feet; the greatest available length for boats is 158-4- feet. developed a. very large increase of business. From information of the most re­ Each dam has one lock connected with it, except at Zanesville, where there liable character I am able to state that there are important deposits of coal, salt, is a flight of two locks. At six of these dams the lock adjoins the dam, and natural gas, oil, and cement along and accessible to the river. It also flows t.he passage from one pool to another i.s immediate. At the other dams the pas­ through a rich valley furnishing a large amount of produce. • · sage is by a lateral canal, and these canals vary in length from 1-b miles to two-sevenths of a mile. Experience has shown that these canals are a serious This work is not an experiment, and I take pleasure in presenting detriment to navigation, as the difficulty of getting rid ,of the sediment that ac­ the report of the engineer of the United States showing the value and cumulates in them has given rise to the practice of banking the spoil, thus re­ ducing the water way to such a degree that boats ca1;1 not pass each other in the quality of"the river: canals, and even the passage of one boat i.s tedious and difficult. Were the nav­ UNITED STATES· ENGINEER OFFICE, igation of the Muskingum more active these canals would long since have Ciueinnati, Ohio, January 9, 1886. been abolished as an intolerable nuisance. GENERAL: The river and harbor act approved July 5, 188-!; provides, among 'l'he survey of the Muskingum River was made by Mr. John B. Gregory, late -other sur eys, for one of 1\fuskingum Riv.er. This survey having been assigned chief engineer of the board of public works, assisted by ?rlr. T. D. Paul, assist­ to me, I have the honor to submit the following report: . ant engineer. From Mr. Gregory's report, which i~ hereto attached, it will be The act itself contains no instructions a.s to the object to be attained by the sur­ seen that tae works are not in very good order, that the upper lock and dam at vey, except that the general preface requires "estimates of costs of improve­ Symme's Creek has been abandoned, and that he estimates that $114,000 will be ments proper to be ma.de." '.ro understand th~ present status of the river in required to put the improvement in good order between Z:tnesville and Mari­ question, a. brief history is necessary. ettsl.., 'vithout taking into account. the repair of the Symme's Creek dam. The Muskingum i.s the largest and most important river lying wholly within 1\Iy own experience shows that nothing i.s more uncertain than estimates on the State of Ohio, and it is the only one that is navigable for any considerable hydraulic work, that hidden and unknown damages are constantly appearing distance. It drains the larger portion of the eastern half of the State, its hea-d­ whenever repairs are begun, and that the safest plan is to double all del.a.iled waters extending to within 2.5 miles of Lake Erie, where they interlock with estimates in order to provide for t-he unforeseeQ. !therefore think it advisable those of the Cuyahoga. A line drawn due south from Cleveland would >ery to increase 1\fr. Gregory's estimate to $200,000. nearly bisect the basin of the 1\luskingum, but it would pass about 20 miles west At the last session of the Ohio Legislature au act wa.s passed offering the of Mari ~ tta., at which point the Muskingum empties into the Ohio. The ex­ 1\fuskingum River and its appurtenances to the United States, and a. copy of treme length of the river is 225 miles, and its basin contains an area of 6,250 this act i.s hereto annexed. In view of this offer of the State it seems to be my square miles. duty to submit an estimate of the probable cost to the United State3 of a.ccept­ When the State of Ohio, about fi.fly years ago and prior to the era of railroad~, i ng this offer. The items of this cost will consist of the repa.i rs just named, of began to create a system of water ways for the development of its internal com­ the annual expenditure for salaries of resident engineer and lock-keepers, of merce, it was thought best to make the Muskingum River a. part of the system the current repairs of the works, ana of the expenditure for dredging. by building 'locks and dams from its mouth to Dresden, creating 91 miles of The following table, which has been compiled from the latest annual reports slack-water. At Dresden a junction was made with the" Ohio" Canal, which of the board of public works of the State of Ohio, shows the receipts and e:x:· l'uns from Lake Erie, at Cleveland, to tbe Ohio River, at Portsmouth, the mouth penditures on the Muskingum River during the last thre3 years. 3898 CONGRESSIONAL RECORD-HOUSE. APRIL 27,

Pinancial statement of Muskingum, River improvemtmt.

Receipts. Annual salaries. Special Year ending November 15-- appropri­ Disburse- 1------,------...,.----­ ation. ~nts. Rents. Total. Super­ C<>llect­ Lock­ Tolls, &c. intendent. ors. tenders. Total.

1882 ...... :...... $13,655 22 $4., 004 34 $17,659 56 ...... ! S23, 780 ZT Sl, 200 S990 $2,592 $4,692 1883 ...... I3, 221 29 3, 369 4.0 I6, 590 69 ...... 44, OZ7 72 1, 200 900 2, 592 4,692 1884 ...... 9, 550 85 4., 537 99 I4 088 84 $10 000 25 2I5 53 I 200 900 2 304 4.,404 , Total ...... _36_,_4.2_7_3_6_ __n_,9n---,-7_3_ _4._s_:&39__ 09_ _.._ .. _ ... _ .. _.:_ ... _ .... , 93:023 5~ , ...... ' ...... ! ...... '...... ) I3,'i88 1 1 1 1 Averageperyear...... ; ...... 12,I42 4.5 3,9i0 58 I6,113 03 ...... 31,007 84 ...... , 4,596

It will be seen from the above that, during the last three years, the expendi­ must be incurred, and as there is no dredge-boat connected with this river one tures on the Muskingum River improvement have averaged $31,007, while the must be builp and ope~ted. The serious problem i.s how to get rid of the spoil, receipts have averaged $16,1'13, or about one-half the expenditures. Were the and for thatreasonl.think that "ladder" or "pump" dredges are the obly types United States to take charge of this improvement the annual revenue from tolls which are adapted to this particular work. The cost of a. small dredge of either would disappear, and the only revem~e that would remain would be that from kind would be about $5,000, and the annual cost of operating it would be about rents, of which the annual average is about U,OOO. $2,500. After all of the lat-eral canals were once cleaned out and restored to their The estimate of $200,000 herein submitted is fo-r repairs that are immediately original width the services of a dredge would only be occasionally needed, but demanded, in order to bring the works into good condition. After these repairs for several years her services would be continuous. are made it will still be necessary to pYovide for the current renewals of lock­ It is my decided opinion that steps should be taken at an early day to abolish gates and other perishable structures, and for annual repairs due tofu ture floods all lateral canals, as they are a constant source of expense tlnd of delay; and it can and accidents, which are inseparable from this class of works. It is impossible not be claimed that they are a. necessity, as there are no lateral canals on the to make a. precise estimate on matters which are so dependent upon unknown Monongahela, Little Kanawha, Great Kanawha, Kentucky, Green, lllinois, nor contingencies, but, considering the age and condition of the works, it seems not in fact on any American river of which I have any knowledge, except the Lower unreasonable to assume that the average cost of repairs during the last three Fox, in 'Visconsin, where the river is a series of impassable rapids. There are years will continue for many years to come. As the only expenditures are for a few very short lateral canals on foreign rivers, but they are only used to cut repairs and ~1aries, it is evident that by subtracting the latter from the former off sharp bends, and they are made and kept both wide and deep. No estimate we shall get the cost of repairs alone. This subtraction gives ~,412, which for has been made of ·the cost of these suggested changes, but it was thought ad visa­ convenience may be called $25,000. ble to call attention to them, as they are modifications which will undoubtedly The salaries paid by the State are'very small, much smaller than are paid by be·called for at some future date. the United States for similar services on other rivers, and it is evident that if the There are valuable tracts of land belonging to the State of Ohio, purchased for GoveYnment were to take control of the Muskingum River the salaries of its the Muskingum improvement, which will 1·evert to the United States in case of employes on this river would have to be equalized with those of employes in the acceptance of the offer of the State. The funds available for the survey did similar positions on othm: rivers. The State now pays the superintendent$1,200 not permit a thorough examination of these lands with an investigation of tlie per year, and the lock-tenders get from $20 to $25permonth. For such services titles by which they are held, but a very large amount of information was ob­ the Government would undoubt~dly pay a50 per month to lock-keepers, and tained, and the work can be completed at some future date should it become $2,500 per year to the superintendent. I do not see how competent men can be necessary. It may be assumed that the State owns as much land as is required obtained for less. This would raise tlie salary aooount to $8,500 per year but the for the maintenance and protection of its works, and much more than will be increase seems to be justified, and would probably result in securing the serv­ necessary in case the lateral canals should be abandoned Ol' turned over to the ices of a better class of men and in a better maintenance of the works them­ mill-owners who use the canals as head races. selves. As the first cost:of the Muskingum slack water was about $1,500,000, at a At the majority of the dams the State of Ohio has leased water-power to time when wages and material were low, an annual expenditure of $8,500 for mills. operating and caring for this property does not seem unreasonable. The following table, compiled by~. Gregory, shows the locality, ownership, As long as the present lat~ral canals remain an annual charge for d1·edging and condition of these leases: Water-power leases on .Jfuskingum River.

I Amount Amount Yearly ex- Place. Present owner. I I ~ease Remarks. • 1':i~Z:,~r u;:~uf:.r I'ental. pires. I 1------1------Cu.bicfeet. Cu.bicfeet. Symmes Creek ...... Frank Kinney...... 625 2, 245 S83 Nov.l,I880 S. V. Plummer...... :...... 1,500 2,609 150 May 1,I887 ZanesviJJe ...... ; ...... J. B • .Allen ...... ,.. 500 I, ill 250 Nov.1,1872 Thatcher & Co...... 500 I, ill 250 May 1,1892 Burroughs & Co ...... 125 I, 437 300 Nov.l,I884 P. H. Kemmerer...... 2,200 ...... 800 Nov.1,1894 Drone & Co ...... 1, IOO 9, 658 500 Nov.l,I901 Pickering & Grant...... 2, 200 I5, 580 800 Mar. 7,I902 250 Mar. 30, I£02 Taylorsville...... , ...... ,.: ...... ~~tii.Ij~!!i~~·&:c~:::::::::.::::·:::::.:·:::::::::.:::::::: ...... ~ ...... ~-'-~~.. Free. Five run of mill-stones. Duncan's Falls...... ~ ...... John Miller ...... Free. . Ten run of null-stones. McC<>nnellsville...... Edward Stansbury...... Free. Do Malta...... l-essees public works ...... :...... 645 ·N;;~--1;1879. Windsor...... Perott & Lane...... ~ ...... ,...... I, 600 12, 490 250 Nov.1,1879 Beverly ...... I20 Nov.l,I884 100 Nov.l,ISSO ~ i~!:~~--;~~::::~::.~:.:_::::::.:_:_:~::~:--.:.:_::_:_::.--.--:::::: ~ ~: ~ 108 1\fay I, 1879 Worstal & Whissen ...... 1, 200 4, 350 200 May I,l905 225 May 1, 1886 ~ ~---f8'l~~--:::::::::::::::::::::::::::::::::::::::::::::::::: 3, ggg tg: = 60 Nov.I,I884 Lowell ...... ~ ...... : ...... Albert Chandler ...... 2, 000 6, 630 400 May 1, I903 200 I25 Devols ...... 200 L.~~~~~~~:·-~::::·:-:-:·:::::·:·:-::-:·:·:·:·:·:·:·:·:·::.-::·:·:-:-::·:·::::: J.P. Putnam ...... ::::::::::::~~: ~:.~. . 125 1\Iarietta...... 300 Harma.r ...... ~~ ~~~.~-~~::::.:::·::::::.-:::::::.-.-:.-::.:·:::::::::~ ~: ~ ~: m 300

The continued use of these powers for manufacturing purposes should be pre- the tender of the State of Ohio. As the locks and dams on the Musk.ingum are served, as the people are as much benefited by cheap manufactures as by cheap in much better condition than were those of the Kentucky River when a simi­ transpor~ation; but some of the leases have unusual conditions which may op- lar tender on the part of the State of Kentucky was accepted by the United erate to the injury of navigation, whereas the latter interest is undoubtedly States, and as the United States would probably expend much larger sums in entitled to precedence. .All these matters can doubtless be adjusted, as the building locks and dams on this river if no improvement had ever been made longest of these leases expires in 1905. on it, I unhesitatingly recommend the acceptance of the offer made by the State To sum up, it will require an immediate appropriation of $200,000 to put the Iof Ohio. locks and dams on the Muskingum River in good order. A small dredge-boat Accompanying this report is an outline map of the basin of the Muskingum will be required, ~t an estimated cost of $5,000; the annual expenditures will River, showing the sites of the eleven dams and also the present lines of land be $25,000 for reprurs, $8,500 for salaries, and $2,5ro for dredging; the annual in- • and water transportation within this basin. come from rents will be $1,000. The net annual cost of maintaining navigation I have added a copy of one of the water-power· leases at Zanesville, in order on the Muskingnm River will therefore be $32,000. to show the general character of these leases. It is proper to state, howevet·, In the above no account has been taken of the Muskingum ice-harbor project, that, as a rule, the water-power leases on this river are simpler in form and im­ which is an independent work which should be carried on to completion with- pose fewer conditions. out regard to Uie remainder of the river. Respectfully submitted~ I am required by the river and harbor act to state "the improvements proper Wl\1. E. MERRILL, to be made." As applied to this particular case, I understand that I am ex­ Brig. Gen. JoHN NEWTON, Lieut. Cot. Engineers. pected to give my opinion as to whether or not the United States should accept Chief of Engineers, U. B. A. 1886. . CONGRESSIONAL RECORD-HOUSE. 3899 The report made by Hon. John Gregory, under employment by prove the navigation of its waters, but not until the year 1838 was the present B. plan adopted and operations begun for its execution. The cost of the improve­ Colonel Merrill, of the engineers, says: ment was $1,6"-8,028.29. This river furnishes navigation more reliable than the Ohio above Marietta; when the water is too low for business on the latter Counmus, Omo, Deunwer 15, 1885. stream, boats often seek the 1\Iuskingum tra.de. It could be extended to Co­ CoLONEL: In compliance with instructions contained in your letter of Decem­ shocton, and perhaps to the mouth of the Sandy, above New Philadelphia, with ber 20, 1884, I have the honor to submit the following report of an examination a view ultimately to a. ship-canal to Cleveland. Such an extension, if found of the Muskingum River, from the town of Zanesville to the town of Marietta practicable, would result in a large commerce between Lake Erie and the Ohio at its mouth and junction with the Ohio River, omitting the lock and dam at River. . Marietta. The length of the present improvement is 91 miles. There are twelve locks REPORT. and eleven dams, as shown by profile attached to this report and marked B. The locks on this improvement are 36 feet wide, and 175 feet in chamber, the The Muskingum River is the largest river in Ohio, draining about 6,250 square entire length being 228 feet, except the upper one above Zanesville, which is 22 miles of territory. It is formed at Coshocton by the junction of the Walhond­ feet wide and 120 feet long in chamber only. The dams first built were of the ing and the Tuscarawas. The mouth is nearly due south of the head of the form known as the "log cabin," as shown in figure "C." This form was in a Tuscarawas. The valley of the Tuscarawas, which approaches at its northern few years found to be very unsatisfactory and unsafe, and required an entire bend within 6 miles of the Cuyahoga, and the valley of that river1 were selected reconstruction. The typical form of dam then adopted and still used and ap­ by the State of Ohio in 1826 for the location of the Ohio Canal, wh1ch follows the proved on this river is shown in figure "D." valleys of these streams from Cleveland to Dresden, where a side canal connects The following table shows the length of the improvement, lift. of locks, length it with the navigable waters of the Muskingum. About the same time some of dams, character of foundations, length of canals at dams where there are any, improvements in the line of wing-dams were built in the Muskingum to im· and locaJ.ion of draw-bridges: Sclwdule showing location of dams, locks, &c., on Musl.:ingurn River...... 0 ..; d ..; 0 ai <:1 CJ ,!A I: ,!A 0 !:CI ...... ; ,.t:lcrl S!..; 0 "0 Oaij <:1 ~ Chamcler offoundations '~,':! Where dams are located. • 0 I -.;11 ~ ..c:'d s:: .... ""'abj)cil of dams. "0 ..c 0 bo~ ~ "'os:: ..... 1-o ~

Statement sltowing the anunmts expended ana the a11wunts 'received by the State of Oldo on account of the JJiusl.:ingum .Rive-r imprm:ement since 1837, • wlten the work 'Was commenced, as shown by tlte annual reports of the board of public works and their 11redecessors.

Year. Receipts. Expenditures. Year. Receipts. Expenditures.

1838 ...... ~.. $2,749 00 ...... 18-'54 ...... $24,054 32 $19,519 66 1839.. , ...... : ...... 1855 ...... 24,200 47 13,603 02 1840...... 2, 388 48 ...... 185G ...... " ...... 24,477 40 27,300 90 1841...... ,...... 10, 328 32 1857 ...... 18,907 01 16,764 91 1842...... •...... 15, 355 27 ...... ;$26;368 '66' 1858 ...... 18,719 93 22,002 69 1.843 ...... :--: ...... 23,167 01 148, 814 25 1859., ...... , .. 20,602 71 23,81114 1844...... _ 29, 38! 64.. 40,527 67 1860 ...... 17,585 53 36,867 34 1845...... "...... 30,551 34 3<1,256 44 1861...... 8,436 51 19,736 82 1846...... 35,104 43 3580596 18i8 ...... 5,670 35 7, 672 94 • 1847...... 50,8-32 96 48:697 34 1879 ...... 14,59116 16,059 78 1848...... 29,948 17 116,701 96 1880 ...... 19,235 51:1 14,051 01 1849...... 43, 018 70 54,267 70 1881 ...... 17,4a"l79 18,186 18 1850...... 3G, 724 29 39,925 29 1882 ...... 17,659 56 23,780 27 1851.. •• ...... 48, 418 30 13,361 85 188-3 ...... 16,590 69 44,027 72 1852...... 33, 341 68 24,043 16 1853...... 31, 480 28 19,513 48 Totals ...... M ...... 670,_975 88 1 2, 332, 599 55 • About $1,628,028.29 should be credited to the construction account. This leaves Laying and handling plank and work 011 miter...... 250 00 the receipts as above and the expenditures $704,571.26. Grouting walls: cement, $250; sand, 550; labor, $3-50 ...... 700 00 From June 2,1861, until May 15,1878, the public works of the State were leased Repairs to west abutment of dam, 150 yards, at $8 per yard ...... 1,200 00 to a company called" The :Lessees of the Public Works." Hon. George W. Sheeting for dam, 100 pieces, 12 feet by 1 foot by 8 inches, and 100 pieces Manypenny, who was a member of the company, states that· the books have 16 feet by 1 foot by 8 inches, 22,400 feet, at $20 perM...... 448 00 been destroyed, and is not able to say positively whether the Muskingum im­ Labor on same ...... , ...... 22400 provement was a source of profit or loss to the company. Drift-bolts, 1,000 pounds, at 4 cents...... 40 00 PRESENT CO:XDITION OF THE WORKS. Total...... 6, 098 00 The :Muskingum River was found in good navigable condition, with all locks and dams in working order. The works, however, need considerable repairs Taylm·sville.-The dam at this point, being the longest on the river (8!0 feet), to insure their safety in the near future. and having a good rock bottom, has given but little trouble and is supposed to The condition of the work in detail and the cost of these repairs, in. addition be in good repair. Guard-gates and wooden cribs protecting guard-lock and to the regular current repairs at each point, arc given in the following state­ crib below lock are poor. Guard-lock needs repaira to masonry. The lock here ments: is one of the poorest on the river. The face of the stone on the inner side of the Zanesville.-The dam here is founded on. hard rock and appears t-o be very lock, between low-water and ordinary high-water marks, is badly disinte­ good. The lower end of the west abutment appears to be poor, while the east grated and scaled off. An estimate of the cost of taking down the inner walls abutment is very good. The walls of the guard-lock and the other locks are of the lock, replacing the defective stones with new ones, and relaying the good fair. The gates of the guard-lock are poor, and at nearly every lock on this stones, is herewith made for this and other locks, supposing that in each case river the condition of the sheeting and miter-sills is not good. I have at every about 8 feet of the bottom of the lock will not require relaying. lock estimated for pumping it out, puddling between the timbers, and resheet­ ESTIMATE. ing one-half the lock; also repairing the miters and grouting the wall of the locks. The canal is shallow and requires dredging. Repairs to guard-lock walls, 50 yards .masonry, at $8...... $-!00 00 Cribs at guard-lock and lock: ESTDIATE. 50 l\I white oak, at $18 pe1·l\I ...... , ...... 900 00 Dredging canal, 4,158 feet by 4.o feet by 1 foot, 6,160 cubic yards, at 16 Labor on same ...... 400 00 1,200 pounds iron bolts, at 4 cents ...... : ...... 4800 o:~~i~;;:e;·g:~~;d~t~.::::·::.:::·.::::::::·:::.:::::·:::.::::::::::::::::::::::::::::::::·:::::: $1,~ gg 22,4.00 B. M., white-oak sheeting for dam, at $18, and 510 for laying, Sheeting one-half of two locks, 50 .M of 3-inch white-oak plank, at $20 · and 1,000 pounds iron, at 4 cents ...... 667 20 perM ...... 1,000 00 Dredging canal, 5,742 feet by 40 feet by 1 foot, 8,500 cubic yards, at 16 Pumping out one lock ...... 150 00 cents ...... 1,416 66 Coffering...... ,; ...... 100 00 New gatesatguard-lock...... ~ 500 00 Puddling under two locks, 800 yards, at 50 cents ...... 400 00 Relaying lock walls, 1,700 yards, at $8 ...... 13,600 00 Twenty kegs spikes, at $3 ...... 6000 Grouting lock ...... ,...... 300 00 3900 CONGRESSIONAL REOORD-HOUSE. APRIL "2 7, - Sheeting lock: Lock cribs: Plank 25 M,at $19...... : ...... $450 26,000, B. M., at $18...... 468 Coffers...... 150 26,000, B. M., at $8...... 208 Pumping...... 150 650 pounds iron...... ;...... 26 Puddling...... 200 702.00 Spike, 10 kegs ...... :...... 30 grou~ing loc~ ...... ,...... : ...... : ...... : ...... ==: 350 00 Laying sheeting and work...... 125 1,105 ()() 1,105 oo :a:~:k: ~:i:fr!~~w~He~y~;d8·~;;i·~i;{;i;;;.~~i','j;.i''i15·:.:::::::::::::::::: 300 00 Total ...... 19,386 00 Total...... 4, 987 20. Eagleport or Rokely.-One hundred and eighty feet of the west end of this dam Lowell.-The dam at this place appears to be a very good one, and probably was washed out in 1883 and rebuilt. The balance uf the dam is fair, except needs but little attention. There are no guard-gates. Lock-walls in fair align­ about 50 feet of the sheeting is gone from lower apron. It also received exten­ ment but pretty badly disintegrated. The lower jaw of the lock on inner wall sive repairs in 1882. The foundation is gravel, and it has been a difficult dam to is slightly cracked. maintain. I would recommend that the foot of this dam, and all of those hav­ ESTIMATE. ing gravel foundations, be protected with heavy stones, none of which should Relaying lock-walls, 1,275 yards at as ...... $10,200 00 weigh less than 2 tons, and estimates are made for the same. The west abut­ Sheeting on dam ...... 007 20 ment is a wooden crib requiring to be rebuilt soon. The lower end of the west Gronting lock-walls...... ,...... 350 00 wall of the lock, about 48 feet, is cracked and sunken. It was caused by the Repairs to sheeting and miters ...... 1,105 00 sheeting of t-he lock giving out in 1879, and the water washing under the lock. Cribs at locks : The face of the stone in the lock is somewhat disintegrated; not badl;y-except 20,640, B.l\I., at $18 ...... 371 52 in the lower recesses and jaws. 20,640, B. M., at $8 ...... 165 12 ESTIMATE. Iron, 250 pounds, at 4 cents ...... 10 00 Relaying lock-walls, 850 yards...... $6,800 00 Crib at east end of dam: Sheeting dam ...... 667 20 12,000, B.l\I., at $8 ...... : ... .. 216 00 Heavy protection st-one below dam, 1,000 yards ...... , ...... 1,500 00 12.000, B. M., at $8 ...... : ...... 9600 Repairs to sheeting and miters of lock ...... 1,105 00 ]2 00 Grouting and p-ointing walls ...... 350 00 Dre~~~b~d:t~~~~~·~·~·~·~·t·~:::::::::::::::::::::·.:::::::::::::::::::::::::::::::::::::::: 500 ()() Cribbing and abutments: Timber, 82,000 B. M., at $18...... Sl,476 Total ...... '...... 13,692 84 Labor on same...... 656 Devols.-Tbe appearance of the dam {s not extra, but it is said to be in good Iron, 2,000 pounds ...... ,...... 80 condition and to need only the usUn.l attentions. Cribs at lock poor. 'Vest wall 2,112 00 of the lock is pretty badly disintegrated or spalled off. The stones in tb.is wall were largely laid on their edges instead of the natural beds. This is not the Total ...... 12, 534 20 case in the east" wall, and it is pretty good except the lower recess. The mill- . McConnel.wiUe.-The dam at this place is good and probably requires little be­ race at the back of the east wall should be turned away from it, as it has a ten­ side current repairs. The coping of the west abutment is off. Guard gates dency to injure it. · poor. East abutment of dam is crib-work; not very bad, but I have estimat-ed ESTIMATE. for new cribs. The east wall of the lock appears to be hollow, a little out of Relaying lock-walls, 1,275 yards, at f,8 ...... $10,200 00 line, and leaks badly. The stones are not badly disint-egrated. except the lower Grouting ...... 350 00 recesses; perhaps one-fourth of the length of the walls would require rebuild­ Repairs to sheeting and miters ...... 1,105 00 ing, and the east wall extra grouting. Repairs t-o sheeting of dam ...... 66~20 Cribs at lock: · ESTilllATE. 24,000, B. M., at $8 ...... 4.32 00 Relaying lock-walls, 425 yards, at SS ...... ;...... 83, 4.00 GO 24,000, B. 1\I., nt $18 ...... 192 00 -g:::Bns~!~~!l.~~.~~:.~~.~~~.'.'.'.'.'.'.'.'.'.'.'.'.'.'.:·::::.·.:·::::.'.'.'.'.'.'.'.'.'.'.','.'.'.'.'.:·:::::·::::::: ~ ~ ·600 pounds iron, at 4. cents ...... 24 00 Repairing sheeting and miters...... 1,105 00 Total ...... 12,970 00 Cribbing and abutment: , RECAPITULATION, Zanesville ...... $6,098 00 Taylorsville...... 19,386 00 ~J1:~1~~i:£~~~~:::::::::::::::::::::~::::.:::::::::::::::::::::::::::::::: Sl,~ Eagleport...... 1253420 2,160 00 1\lcConnelsville ...... 9:132 20 Dam, 22,400, B. M., labor and iron ...... -...... 667 00 Windsor...... 16,4.65 72 Luke Chute ...... : ...... 7,485 00 Total ...... 9, 132 20 Beverly...... : ...... 4,987 20 Windsor.-The appearance of the dam is very good. .A.boutlOOfeet of the cen­ J..owell ...... : ...... 13,692 84 ter of the dam was washed out and rebuilt in 1883. The lock is about the worst Devols...... 12,970 00 one examined; walls somewhat out of line and cracked. New cribs needed below lock. 'l'otal ...... 102, 751 16 ESTIMATE. To this ~\.mount should be added 10 per cent. for contingencies, making in all Relaying lock-walls;1,700 yards ...... $13,600 00 a grand t-otal of $113,751.16. Grouting- walls...... 350 00 REMARKS. Repflirs, sheeting and miters of lock...... 1,105 00 Cribbing: in answer to the interrogatory as to the practicability of abandoning some or 27,520, B. l\1., at $18 ...... $495 .36 all of the s~e canals and substituting locks adjacent to the dams, I would say, 27, 520, B. M., at $8...... 220 16 from a careful examination, with measurements of each of the different p-oints 700 poundf iron...... 28 00 to be changed, I am clearly of the opinion that the side canals can all be aban­ 743 52 doned and locks built at the ends of these dams. Such a change would do away with the delays caused by having to pass through long, narrow, shallow, and Total ...... ,...... 16, 465 72 crooked canals. They have proved a great obstruction to the successfJll navi­ gation of the river. Six of the eleven dams have locks a.t t.heir ends and five Lake Chute.-The appearance of the dam is not good, and it is one of the dams have canals. '.rhe canal at Zanesville affords good landings, and as boats gen­ which has proved troublesome in the past. In repairing, the central pa.rt bas erally stop near the lower end it would be ofno advantage to make the change been left w1th only two falls. Instead of an abutment at the east end there is a at this point. . .At Taylorsville there is a long canal subject to much wash from crib so built as to afford an additional spill during high water. It should be re­ the gravel banks and from Slago Run. It would improve it to pass the run under built, though not very old. Lock is good except one pair of gates. the canal by a culvert. ESTIMATE. '.rhe canal is so built. a£ to reduce the width of the river near the lock tq_about Grouting walls ...... S350 00 250 feet, rendering it incapable of passing the water in time. of extreme ~sbets Repairing sheeting and miters ...... 1,105 00 and making the maintenance of this canal one of the most expensive items on One pairga.tes ...... · ...... 500 00 the improvement. Between the lock and the foot of the dam there is a decided 1,000 yards protection-stone below dam ...... 1,500 00 fall of probably 3 feet. It would be necessary to either blast out a channel Second crib in center, and repairs to sheeting of dam: through the rock or to raise the dam at Eagleport, or both, if the lock should 44,000, B. 1\I., at SIS...... $792 be moved up to the present dam. Blasting out the channel would be so costly 4 that it would be better probably to abandon both the present dam and lock and ti~p!~~d;a~:!:::::::::·.:·:.::::::::::::::::::·.::::::::::::::::::::::::::::::::::::: ~ build them both anew at a point about 1,000 feet above the present lock. The 1,276 00 foundat-ion would probably be rock. The State owns sufficient ground here for l,OOOyards crib and backing stone...... 1, 000 00 the change to be made on it. The present site of the lock was chosen because .Abutment or spill crib: it afforded a rock bottom, and it would not had the channel been left wider. 65,000, B. M., at SIS ...... -...... 1, 170 The level to Eagleport below this dam would be much improved by raising 65,000, B. M. , at SS...... 520 the Eagleport dam 1 foot. The canal at 1\fcConnelsville is short and easiJ~ kept­ 1,600 pounds iron ...... :...... &l clear, off~ring no great impediment to navigation. .A. lock could be placed just 1, 754 ()() west of the west abutment of the dam. It would have a rock foundation, would be right for the current and would avoid the present trouble at the lock, where Total ...... :...... 7, 4.85 00 the miter sill is too high in low wat-er. It would not require any great expense Beverty.-'Tbe dam looks well and is said to be good. The coping of the east outside of the new lock, and raising Windsor·dam 1 foot. Raising the dam at abutment has been carried oft'. The lower end of the west abutment is a crib. Windsor would greatly improve the level which now requires dredging at one Below the east abutment there is a long high-wat.er spill in pretty good repair, place. except 85 feet in length of the lower sheeting is gone. The lock is good; the The Beverly Canal, which is like that at McConnelsviJle, could be dispensed walls are slightly out of line, but are not much disintegrated. with also. Probably the lock would be best located on ·the west side ofthe dam. The foundations would be doubtful. This point would require careful surveys ESTil\lATE. and soundings to determine on which end of the dam to place it, however. West abutment, repairs to crib pru:t: . The canal at Lowell is long, very crooked, and fills rapidly and often with sed­ 27,500, B. l\1., at $18 ... :...... $495 iment from Cats Creek, which empties into it nea.r the head. It could be easily 27,500, B. M ., at SS ...... _ ...... · 220 shortened and Cats Creek turned out of it, but in the event of a change it would 700 pounds iron...... 28 be better to dispense with the canal altogether. I am informed that the removal $743 00 of a rock reef, which is 200 or 300 yards long and 2i feet below the surface in low Repairs to sheeting of dam ...... 667 20 water, would make a good channel at thewest.endof!hedam. The foundation Lower sheeting spill crib and crib below it: at this end would be rock. In this connection it may be stated that there are some other improvements ~:~: ~: ~::~t fa~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ which in the future may seem desirable, in the way of substituting slope-walls 600 pounds iron...... 24 above water for cribs protecting locks; substituting stone abutments for wooden 610 00 cribs ateastendof McConnelsville and Luke Chut.e dams and west ends of Eagle­ Guard gates ...... -:...... 500 00 port and half of west abutment at Beverly: also lengthening Luke Chute dam 1886. CONGRESSiONAL RECORD-HOUSE. 3901'

100 feet and Eagleport dam 50 feet; but these improvements are not.deemed es­ I have already spoken about the surplus water. I have the terms of sential at the present time, and our estimates are mad~ for repairing andre­ building on the present plan. the lease here. They convey only the surplus water; they give to the COMMERCE NOW DEPENDENT ON THE MUSKINGUM RIVER. lessee of the works no right as against the paramount claim of the Gov­ Regular trips are made each day by two steamers, one leaving Zanesville for ernment to use the water for the purposes of navigation. The water Parkersburg and the other returning each day, and three other steamers running rents are a source of revenue to the extent of $4,000 a year, which will shorter trips. Besides these there are a number of barges conveying coal and amount to more than one-third of the entire expense of supervision and oil in bulk. The boats range in tonnage from 100 to 250 tons. It would be prac­ ticable to rnn steamers of 500 tons when the water is above the average stage, and control. of 350 tons at snch average stage as could be most always found. The county of I submit one of the leases: Muskingum, with a population of 49,612; the county of Morgan, with 20,074, and LEASE OF THE WATER-POWER ON THE MUSKnl'GUll RIVER AT ZANESVILLE, Washington County, with 43.264 population, are largely depe•dent on this omo. stream. Morgan County, having no railroads, is entirely dependent on it for This agreement made this ith day of December, 1871, between the State of Ohio, transportation. party of the first part, by James Moore, ading commissioner, thereto duly au­ thorized by law and by order of the board of public works, made in pursuance Thus it will be seen that this work is a reality, and not in any sense thereof, and F. A. Thompson, of Zanesville, Ohio, party of the second part, wit­ prospective. I submit a map of this spleudid river an(l its rich environ­ nes~th: ments. [See next page.] That said party of the first part, in consideration of the rents reserved, and the covenants of the party of the second part, hereinafter contained, and upon the The purpose is not to make money out of the Government. The express condition that the party of the second part shall continue during the purpose is twofold. First, to take this splendid improvement out of whole of his term to comply with all and singular the limitations and conditions the management of the State of Ohio, crippled as it is because of the hereinafter contained, and shall in every respect perform all the stipulations of this agreement by said party to be performed, agrees to sell and lease tel said weight of those long lines of canals which are running the State heavily party of the second part, for the term of thirty years, from and after the 1st day in debt each year. The second purpose is to give to the navigation of of September, 1871, subject to the restrictions, limitations, and conditions herein the river· the improvement which it is entitled to have whenever it contained, the use and occupation of water-power sufficient to propel five run of 4}-foot mill-stones at the rat-e to flour 150 bushels of wheat in twenty-four hours. shall have become a part of the national work. The power for two run of stones to be permanent or available eleven months Mr. LONG. I would ask the gentleman from Ohio whether he has in the year, or entitled to a ratable reduction for the deficiency The other three stated what the conditions are to which this grant is subject. · If he run to have the necessary machinery with reaction wheels to be available only and only used when the 1\luskingum River is so high as to furnish more water has already stated them I do not ask him to repe.'lt ·them. than can be applied to low-water machinery, and may be used whenever the Mr. GROSVENOR. They simply transfer all the land. The Sliate water tlows over the dam so a.s not to interfere with low-water mills or by means of Ohio acquired by purchase at all these locks and dams land/ valuable of its rise. It is understood by the parties that the two first.-mentioned powers are to be applied in low water to breast wheel, and in high water to reaction land. Along these canals, that are from one-fifth of a mile to~ mile and wheel at the option of the lessee; and it is also understood by the parties that a halfinlength, all thelandisowned bytheStateofOhio, and they trans­ the low-water power for each of the two first-mentioned run of stones is to be at fer that. The only condition incumbent upon the Government is that the rate of 550 cubic feet per minute. The water hereby leased to be taken out of they accept the work and make it a part of the navigable streamsofthe the level of the pool of the dam across the Muskingum, at Zanesville, and to be used ami occupied below the aoutment of the dam at We~t Zanesville, and to United States. No ot)ler condition is attaehed to the cession by the be conveyed to the mills or other hydraulic works from between two regulat­ State of Ohio. I have the act before me. It is one of the public aets of ing weirs, to be constructed by and at the expense of the party of the second part·, as hereinafter specified. · - the State, passed about a year ago. They transfer absolutely all the prop­ And the said party of the second part, for and in consideration of the rights to erty of the State in the public works. the use and occupation of said water, agrees to pay to the said State the yearly I submit t.he act: rent or sum of $500, provided the party of the second part shall not be deprived of the use of the two first.-named run of stones for more than one month in any An act to grant the consent of the State of Ohio to the acquisition· by the Unit-ed one year. And if, for the purpose of preventing breaches, removing bars or States of cert.ain lands within the State and bordering on the navigable rivers other obstructions, or making any repairs or improvements to the dam or the thereof, for the purpose of constructing canals or erecting thereon dams, abut,. works connect-ed therewith, or in consequence of breaches or the inadequacy of 1nents, locks, lock-keepers' dwellings, offices, and all necessary structures for the supply of water, the party of the second part shall be either partially or the construction and maintenance of slack-water navigation on said rivers, and wholly deprived of the use of any portion of the water-power hereby leased so ceding jurisdiction over the same, and for imposing fines and penalties for will­ as to prevent the operation of any of the hydraulic works usually propelled by ful injuries to the grounds, buildings, and appurt-enances acquired under the the w11ter-power hereby leased, such deduction shall be made from the rent ac­ provisions of this act. cl'Uing on such portion of the water-power as the said party is prevented from Be i t enacted by the Genera1. .Assenwly of the State of Ohio, That whenever the using as will bear the same proportion to the yearly rent thereof a.s the time dur­ United States shall make an appropriation, and shall be about to begin the im­ ing which the said party has been deprived of its use bears to eleven months; provement of any of the navigable rivers within or bordering on the State of the rent to be paid semi-annually, on the 1st day of May and November in each Ohio, by means of locks and permanent removable dams, or dams with adjust,. and every year, during the continuance of the lease, to the collector of tolls at able chutes, or by means of a. canal, the consent of the State of Ohio is hereby Zanes"ille, or other ngent of the State duly authorized to receive the same, hav- given to the acquisition by the United States, by purchase or by condemnation ing charge of the improvement of the 1\Iuskingum River. · of any lands, buildings, or other property necessary for the purpose of erecting And said party of the second part further agrees to erect at his own expense, thereon dams, abutments, loeks, lock-keepers' dwellings, chutes, and other in a good, secure, substant-ial, and workmanlike manner, the regulating weirs necessary structures for the construction and maintenance of slack-water navi­ a bove mentioned, to be constructed ot stone walls and plates of wood, with a. gation on said rivers, or for tqe purpore of constructing ct'l.Iials on the same, and substantial iron bar securely bolted on the top thereof, agreeably to a plan to be the said United States shall have, hold, use, and occupy the said land or lands, furnished by the acting commissioner or engineer, employed on any adjoining buildings, or other property, when purchased or acquired as provided for by part oft.be improvement, and under the direction and subject to the inspection this act, and shall exercise jurisdiction and contr.ol over the same; but the Stn.te of such acting commissioner or engineer; the weir over which the water is o( Ohio reserves the right to execute process lawfully issued under its authority drawn from the dam to be so placed and formed that the top of the weir shall w1thin and upon said grounds, rivers, sites, and canals. not be more than 6 inches below the level at which it shall be designed to sus­ SEC. 2. That in case of failure of the United States to agree with the owner or tain the surface of the wat-er ju that part of the improvement from whence the owners of any such lands as the United States may deem necessary for the pur­ water is to be drawn, and the other or second weir t<1 be so placed and formed pose named in the first section of this act, it shall be lawful for the United States that the top thereof will be at least 1 inch lower than the top of the weir over to apply for the condemnation of such land by petition to any judge of a court wh:ch the water is drawn fl'Om the basin or dam, and of such length and other­ of record in or nearest to the county where the land may be situated, either in wise so constructed that an uniform quantity of water will flow from the upper term time or in va

MUSKINGUM RIVER, OHIO, MAP OF BASIN, To accompany Report OF LT. COL. W. E. MERRILL, ENGINEERS. January 9, 1886. Limit of Basin shown thus:------""'

SCALE.

11 -f!..·g·ICB::IiiCIIDJE·. =··- ==;;£'(;;;;;: ===35"E===3Sf 11t£S. '

1886. CONGRESSIONAL RECORD-HOUSE .. 3903

' part reserves the right to resume at any time the use of the water hereby leased Mr. HOL"MAN. Mr. Chairman, I desire- to offer an amendment by whenever the same shall become necessary for the purposes of navigation, and to continue the use thereof so long as the same shall be necessary for the pur­ way of a proviso. . pose aforesaid. And if it shall become necessary for the party of the first part The CHAIRMAN. There is an amendment pending. The question to resume the use·of so great a portion of the water hereby leased, or of the whole is on the amendment reported from the committee, which the Clerk the~.·eof, for so great. a portion of the time as to defeat the object of this lease by destroying the value of the privilege (which fact shall be determined by thr~e will read. judicious, disinterested freeholders, oue to be chosen by the acting coiDIIl.l.S­ The Clerk read as follows: sioner or other authorized agent of the State, one by'the party of the second In lines 865 and 866, strike on~ the words "passed and taken " and insert part. and the third by-the two thus chosen), then the party of the second part "which took." shall be from such time absolved from all further liabilities growing out of this agreement. The amendment was agreed to. .And it is further understood and agreed that at tl1e expiration of this agree­ Mr. HOLMAN. I propose to amend by inserting after the words men t the party of the second part shall be entitled to a renewal of the lease for a like term of years, for such annual rent as may be offered by the highest re­ "eighty-six," in line 877 of the bill, the proviso which I send to the sponsible bidder, who shall also agree to purchase of said party of the second Clerk's desk. ' part :Ul permanent and valuable buildings necessarily erected by said party for The Clerk read as follows: the convenient use of the water-power hereby leased, at such price as such buildings shall be adjudged t.o be worth by three judicious, disinterested free­ Provided, That the custody and owner.ship of said 1\Iuskingum River improve­ holders, to be chosen as hereinbefore specified, provided such buildings shall ment shall be vested in the United States without condition, and the foregoing provisions shall not take effect until the State of Ohio shall duly consent to this be erected on land belon!rlng to th~ State, or land which can be purchased by said bidder at a reasonable price, to be determined by said appraisers. And if provision. no such bid shall be made on the terms aforesaid at a higher rent than is herein Mr. HOLMAN. · In connection with that amendment, 1\Ir. Chair­ specified said party shall be entitled to such renewal on the terms of this lease. And it is further understood and agreed that the water-power hereby leased man, I ask that the fourth section of an act of the Ohio Legislature, shall not be used to drive or propel any saw-mill or other machinery, or other passed May 2, 1885, which I send to the desk, be read. works from which sawdust, chips, or other rubbish will be likely to be carried. 1\fr. G~OSVENOR. I have no objection to the amendment of the thrown, or floated into the improvement or the channel to convey water to other mills, so as to form bars or other obstructions to the navigation in the said river gentleman from Indiana (Mr. HOLMAN]. or to clog the gates, waste weirs, or regulating weirs, or othe1·wise injure or ob- Mr. HOLMAN. Well, I desire to have this section of the Ohio law struct the same. - read at any ra.t.e, so that the committee c:1n see just how that matter The party of the second part shall at all times be bound to keep the improve­ ment clear of all rubbish or other obstructions consequent in any manner on stands. the use of the water hereby leased or of the works or machinery erected there- The Clerk read as follows: fu~ . . SEc. 4. And for the purposes of enabling the United States to expend any snm And the saitl party of the first part, in consideration of the rents and agree­ of money that is or may hereafter be approFriated by Congress for the improve­ ments hereinbefore specified, further agrees to lease to the party of the second ll1ent of the Muskingum River, the State o Ohio hereby transfers and cede!'! to · part, upon the same condition and sub)ect to the same limitations and restric­ the United States the eleven locks and dams heretofore constructed by said tions herein contained, all that certam 'piece or par.cel·of land situate, lying, State on said river, together with all the grounds, canals, and appurtenances and being in the county of Mnskingum, below said abutment, butted, bounded, belonging to the same, subject to the provisions of the preceding sections of this and described as follows, namely: Beginning at the most southwestern curner act, as to the jurisdiction of the United States over thp lands and buildings au­ of t_he abutment oft he dam at Zanesville, in West Zanesville, and running in thorized to be acquired and constructed by said sections, and imposing penalties a southerly direction with the water edge at low water, extending, when re­ for injuries to said work {which) shall extend and apply to the said ele,·en locks duced to a straight line, 100 feet below the abutment; thence in a western direc­ and dams and their appu1·tenances hereby transferred and ceded to the United tion and at right angles to the first-named line until it shall intersect Water street· States; but the custody and ownership of said Muskingum River improvement in 'Vest Zanesville; thence with the said street in a northern direction until a shall remain in the State of Ohio until such time as l!he United S~ates appropri­ line run parallel with the second-named line shall close at the place of begin­ ates sufficient money to properly improve and operate the same. ning, reserving to the State the right to paBs the water in any manner pointed out by the acting commissioner or engineer having charge of the improvement Mr. HOLMAN. The object of my amendment was simply to get rid of 1\:Iuskingum River to any mills heretofore erected or hereafter to be erected on the margin of the river below. The lease of the above-described land is for of this extraordinary _provision, which is to the effect that while the the purpose of enabling the party of the second part to use and enjoy the use Government is appropriating money; as much as it thinks proper if not of the water-power hereby leased for the like term of thirty years from the 1st as much. as the State of Ohio thinks proper, the custody al]d owner­ day of SeptemtJer, 1871. it is further understood and agreed that said party of the second part shall ship of this property shall remain in the State of Ohio. not sell, assign, or transfer his right or interest derived from this agreement, or .Mr. --GROSVENOR. · I accept the amendment. any part thereof, to any person or persons, unless the assent of some author­ Mr. HOLMAN. One word more. While I offer this amendment ized agent of the State shall first be obtained therefor in writing. And if at any time any installment which shall become due for rent, as here­ for the purpose of perfecting this provision of the pending bill, I am inbefore expressed, shall remain unpaid for one month from the time the same opposed to the whole provision. Here are eleven locks, an artificial chan­ shall fall due, or if the party of the second part shall in any respect fail to fulfill nel, a canal if you please-as much so for practical pu.rposes as the Erie and perform all the engagements of said party hereinbefore expressed, or shall do or permit t.o be done any act or thing hereby prohibited, or shall in any re­ Canal; do we consider to what extent the adoption of this provision spect violate this agreement, then, and in either case, all the rights and privi­ would increase the public employes of this Government? Here yon leges derivable to said party from this agreement shall from the time of such would have at once eleven lock-keepers to supervise and manage this failure or violation cease and determine, and any authorized agent of the State or lessee under said State shall hav-e full right and power to enter upon and take artificial channel, with their employes and subordinates. My friend possession of the premises, and resume all the rights and privileges hereby from illinois (Mr. MORRISON] spoke admirably to-day on this general granted to the party of the second part, and said party of the second part shall subject of the increase of the public burdens; yet steadily, as time moves moreover be liable for all damages consequent upon such violation of this agree­ ment. on, we are increasing from day to day the already vast body of the em­ The party of the first part also agrees to let to the party of the second p:l.l't, ployes of this Government, whileatthesametimewe are tleploringthe for the term of thirty years, and subject to the same limitations and restrictions ultimate results. Sir, I think that to assume for the Federal Govern­ as above, the following described plat of land, namely: Beginning at the most northwestern corner of said abutment and running in a western direction at ment charge of this .canal, this loqd imvrovement, with the army of right angles with the abutment until the said line shall intersect Water street in men required to manage its affairs, is. as unwise a step as this Congress West Zanesville; thence in a northern direction with said street 180 feet; thence. can take. in an easterly direction parallel with the first-named line until the line shall in­ tersect the river at low-water mark; thence with the meanders of the river at 1t1r. WARNE~, of Ohio. Mr. Chairman, I ask that the amendment low-water mark in a southwesterly direction to the abutment, and thence to the of the gentleman from Indiana [Mr. HOLliAN] be read again._ place of beginning. • The amendment was again read. This lease is given in renewal of a lease execut~d to R:Fairlamb on the 11th of August,l839. An order of the board reduced the rent from 5999 per annum Mr. WARNER, of Ohio. I am afraid that that will canse delay, to $500, and another order reduced it to $500 per annum. and I think it oug_ht not to be adopted. · In testimony whereof the parties executed this agreement the day and year The question was taken on th.e amendment offered by Mr. HOLMAN, first above written. .JAMES MOORE, [SEAL.] and it was agreed to. .Actina Commissioner Board of Public Works. :rt1r. HEPBURN. l\Ir. Chairman, I move to strike out, commencing F . .A. THOMPSON. Signed, sealed, and delivered in presence of­ in line 864, the following words: "Subject to the conditions in the act '\eVitness as to signature of .James Mom:e: of the General Assembly of the State of Ohio, which took effect on P.C.MooRE. the 2d day of May, 1885." ·witness as to signature of F. A. Thompson: Mr. GROSVENOR. I have no objection to that. W. R. HASLETT. The amendment was agreed to. 1\Ir. PETERS. I desire to ask the gentleman whether the terms of Mr. REAGAN. I move to strike out the paragraph from line 856 the act of the Legisla.ture of Ohio require the Government to keep up to line 887, inclusive of &'l.id two lines. these locks and dams? Mr. HEWITT. Mr. Chairman, this bill contains several provisions :Mr. GROSVENOR. No, sir; there is nothing of the sort in there­ bywhichfor the fusttime the United States goes intotheseveralStates, quirement; but if there was, my friend knows it would have no possi­ and, either by purchase or by condemnation or by gift, is to become the ble force. This is a navigable river of the United States, and no terms proprietor of local works for navigatiou. When the first of these pro­ that the State Legislature might impose could have any binding force visions was reached, that relating to the Monongahela River, I took oc­ upon the Government. However1 there is no such condition contained casion to express my dissent from the whole policy, for I felt that it was in the act. a new departure in the conduct of this Government, a dangerous inno­ Mr. Chairman, as I represent in the House a portion of the valley vation upon the traditions of the Republic. I would have said that it through which this beautiful river flows I take an honest pride in point­ was an unconstitutional step, but I am aware that all the barriers ing out the beauties and values of this splendid valley. erected by the Constitution, as we were taught in our youth to under­ I have a right to demand on behalf of my constituents that this stand it, have long since been swept away by the successive decisions great interest shallreceivethefosteringcareofthe General Government. of the Supreme Court, so that I am ashamed to raise the constitutional I hope the motion of the gentleman from Texas will not prevail. qu~stion on any proposition that may be made in tbis House; but be- •

3904 CONGRESSIONAL RECORD-HOUSE. APRIL 27, yond and above the question of lawful power lies the question of abil­ :Mr. BEACH obtained the floor and said: I yieia my five minutes to ity to ~rry the load. my colleague [Mr. HEWITT]. . This Government is becoming the dumping-ground of all the unprof­ ~Ir. HEWITT. I thank my colleague, but will occupy only one or itable enterprises of the several States. These States are trying to shift two minutes more. It may seem ungracious for the Representative of the care of their local enterprises_and the cost of maintaining them upon a city for which appropriations necessarily large are annually made in the broad shoulders of the w·hole people of this country. I am utterly this bill to get up here and say that he can not support measures look­ and absolutely opposed to any such proposition. There is a measure ing, as some gentlemen here believe, to the welfare and prosperity of pending in this House-not in this bill, but as a separate bill-propos­ other portions of the country. But so convinced am I of the dangerous ing that the Government shall take the Erie Canal. I sball.oppbse tendency of such legislation as is contained in this section of the bill, that proposition whenever it may come up here for consideration. The that if the port of New York is closed up so that no steamer can enter . people of New York are taxing themselves to-day nearly $1,000,000 it;. if the public spirit of my fellow-citizens is not equal in such an per annum to keep that navigation open free for the use of the people -emergency to provide for opening its channels at their own cost; and oftbe United States. The people of the State of New York can afford if my own State is not true to her grand history from the time of De­ to pay a million of dollars, ay, $2,000,000 or $3,000,000, in order to Witt Clinton, when its great lines of internal improvement were inau­ keep that work open; for it brings to them the trade of the great West, gurated atits own cost and have been so maintained down to the pres­ out of which, as has been said by the gentleman from Illinois [M:r. ent time; if her sons to-day are so degenerate that they are no longer HENDERSON], the people of New York derive millions of profit an- worthy of the great destiny and t;he priceless heritage which has come nually. . down to them from noble sires, then I say let New York perish, with Let each State bear its own burden. If any State bas built a public the ships rotting at her wharves, for by. my vote no dollar shall ever work which has proved to be a bad investment, let it pay for the main­ be appropriated to be expended in the harbor of New York, if the propo­ tenance of the work or else abandon it. Let it not come here and ask sition be based upon and carries with it a policy which I know will be the people of the United States to pay for all the blunders and all the fatal to the liberties of the country. [Applause.] extravagance that may have been Committed at any time in its history. :M:r. WILLIS. I take the floor for t.he purpose of moving that the If the United States should enter upon the policy of relieving all the committee rise to close debate on this paragraph; but I will first ask States from the care of works of this kind the burden will become, as unanimous consent that the debate be limited to fifteen minutes. the gentleman from Texas [Mr. REAGAN] has said, absolutely intoler­ The CHAIRMAN. Is there objection? able. In the case of the Monongahela it was said in the memorial 1\Ir. ANDERSON, of Kansas. I object. which was laid upon Qur desks that the cost of maintaining the works 1\~. WILLIS. How much time does the gentleman want? there was $100,000 a year. That means the employment certainlyof 1\Ir. ANDERSON, of Kansas. Five minutes. · more than one hundred officials, who will be tmnsferred from the pay of 1\-Ir. WILLIS. I will give the gentleman five minutes. a private company to tl!e pay of the Government of the United States. 1\Ir. BAYNE. I want five minutes. If the Erie Canal should be taken, at least fifteen hundred additional 1\Ir. 'VILLIS. I ask unanimous consent that the debate be limited offices would be created. · to twentyminutes. · Mr. OATES. Will my friend allow me to suggest that the census of The CHAIRMAN. Is there objection? 1880 shows that a considerable majority of all the canals constructed Several members objected. in the United States have been abandoned as utterly unprofitable? Mr. WILLIS. I move that the committee rise. Mr. HEWITT. I am aware of the fact, but I thank the gentleman The House divided;, and there were-ayes 95; noes 30. from Alabama for calling the attention of the Hol}Se to it. The truth So the motion was agreed to. . is, the sum and substance, the very essence, of this proposition is that The committee accordingly rose; and Mr. SPRINGER having taken the United States shall become the proprietor of every water way, great the chair as Speaker pro tempore, Mr. McMILLIN reported that the Com­ and small, upon this continent; and then the taxes that will have to mittee of the Whole House on the state of the Union had, according to be levied in order to defray the current charges for the maintenance of order, had under consideration the bill (H. R. 7480), making appropri­ these systems of free navigation will become so one;rous that this Gov­ ations for the construction, repair, and preservation of. certain public ernment must break down under the load. .Already, according to a works on Ti\ers and harbors, and for other purposes, and had come to table which I hol'd in my hand, furnished by the Register of the Treas· no resolution thereon. my, we levied in the last year a tax of $4.57 upon every inhabitant of Mr. WILLIS. I move that the House resolve itself into the Com­ the United States for Federal expenses, so that a man and his wife, mittee of the Whole on the state of the Union; and pending that motion with three children (estimating a family to consist of five members), are I move that all debate on the pending paragraph and all amendments paying nearly $20 a year out of their hard earnings in order to keep this thereto be closed in thirty minutes after its consideration shall be re­ great governmental machine in operation. Yet gentlemen come here sumed. with proposi~ons which will lead to the unlimited increase of these 1\Ir. PAYSON. Make it five minutes; why don't you? expenditures. - Mr. HEPBURN. Say an hour. Assume the charge of all these works, and the United States will be Mr. WILLIS. I will say thirty minutes. the great employer of labor, and the men who occupy the seats of The motion was agreed to. . Government here in the White Honse and the Executive I!_epartments The motion to go into the Committee of the Whole House on the will be the masters of an enslaved and enthralled people. Liberty state of the Union wa-s then agreed to. never yet survived in any government where the expenditures had The House accordingly resolved itself into the Committee of the Whole passed the ordinary limit and ability of the people to pay taxes. Least on the state of the Union, Mr. McMILLIN in the chair. of all can free government endure among any people where a large . The CHAIRMAN. By order of the House debate on the pending proportion of the population are living in public employment upon the paragraph and all amendments thereto has been limited to thirty min- earnings of the remainder. Hence we should seek to diminish and utes. . · not to increase the proportion of those who, deriving their supportfrom 1\Ir. WILLIS. The understanding, of course, is that there shall be the public Treasury, thus become the tools of unscrupulous rulers. fifteen minutes on each side. In 1837 we were paying for Federal expenses $2.38 per head, and in The .CHAIRl\IAN. 'Certainly. 1845, under wise and Democratic administration-I say ''wise and Dem­ 1\ir·. WILLIS. Mr. Chairman, the gentleman from New York [Mr. ocratic,'' for there maybe unwise and Democratic administration-tax­ HEWITI] has drawn a very vivid and very dark picture of the present ation was brought down to $1.15 per capita. .And now, after a long condition of the people of the United States. I do not object to look­ and courageous struggle for economy, begun~ 1875 under the lead of ing upon that picture, but I object that be should draw from any para­ gentlemen whom I see before me who were then members of the Com­ graph in this bill the colors with which to paint the picture. What are mitteeonAppropriations, we have succeeded in getting the ordinary ex­ the provisions towhich he refers? The only provisions are those passed penditures of the Government down from $7.07 in 1874 to $4.57 per by the House yesterday touching the Green and Barren Rivers in my capita in 1885. And yet the burden of long years of taxation is so in­ own State and the Monongahela River in the State of Pennsylvania. tolerable that the people are suffering in the midst of abundance, so .And what were those provisions? Simply to bring before this Congress that they refuse to labor for current wages, not knowing whence comes information in regard to three of the great rivers belonging to this Gov­ the wrong which paralyzes industry and has brought about all this ernment. Will this information precipitate a crisis in public affairs if restlessness and discontent in the public mind. Excessive taxes im­ the next Congress should be placed in possession of the facts that t.he poverish the people and produce strikes, lockouts, and violence: obstructions on the Green and Barren Rivers can be removed by the ex­ Mr. WARNER, of Ohio. Let the money out of the public Treasury penditure of $50,000 or $100,000, which is the utmost limit? And then and pay t.he public debt, and times will improve. coming to the Monongahela River,· a monopoly whose influence is felt Mr. BURLEIGH. Will the gentleman allow me to ask him a ques- from one end of the Ohio Valley to the other and from one end of the tion? . grea,t Mississippi Valley to the other, if the next Congress should, under Mr. HEWITT. · I prefer not to yield, because none of these questions the provisions of this bill, be placed in possession of the fact that great can affect the matter which is in my mind an~ which will control my monopoly is willing, for a reasonable sum, to surrender its control over vote upon this bill; for if these provisions remain-- those vast coal fields, affecting the commercial prosperity of one-ha.lf of [Here the hammer fell.] the Union, where are the direful consequences which are to follow? 1886. CONGRESSIONAL RECORD-HOUSE. 3905

Now, to come to this part~cular paragraph, what does it propose to gance in improving our rivers and harbors and giving the people in­ do? Does it propose to empty the Treasury of the United States? Does creased commercial facilities and cheap transportation. f We have ex­ it propose to engage an army of employes? I do not understand that it pended, I think, not more than $125,000,000 in our whole history; does. It merely says to t.he State of Ohio and to the United States, yon while England has done more than t.hat within the last .ten or :fifteen have in your midst a large river bearing an immense commerce. You years in cutting canals and in subsidizing railroads. have in your own generosity, without appealing to the public Treasury [Here the hammer fell.] . as some of the States on the eastern coast have done, but clinging to the Mr. HEPBURN. I now yield five minutes to the gentleman from doctrine w hie~ prevented of availing yourself of the Federal money, you Kansas [Mr. ANDERSON]. have by taxes of your own built au improvement on your own river, :M:r. ANDERSON, of Kansas. Mr. Chairman, I can see no difference, and having done so we are willing now to appropriate the small mod­ either in nature or principle, between this provision of the bill now erate sum of $20,000 to open up to free navigation of the country this under consideration, providing for the acceptance from the State of Ohio beautiful river. of this still-water navigation, and a provision having in view the accept­ Is there anything monstrous in that? Is there anything direful to ance of the Erie Caru}l of the State of New Y-ork; and at the proper time the country in that-? I shalloffertheamendment which was proposed by the gentleman from Mr. Cluiinnan, I hold to-day this question of cheapening transporta­ New York on yesterday to this paragraph. · tion is the burning question of the hour, and if by the expenditure of I agree heartily in what the gentleman from illinois [Mr. HENDER­ this paltry sum of $20,000 we can pour into the Ohio the free commerce SON] has said in regard to cheapening transportation. The acquisition coming down the :M:uskingum River I do not see there is any dreadful and enlargement of tne Erie Canal by the Government would do more result to follow . . to cheapen transportation than probably one-third, po~ibly one-half, I have felt called uj>on to make these remarks iii. behalf of the action of all the appropriations contained in this bill. That canal, in connec­ of the committee. There is no horrid monster here. • It is a simple tion with the lake system of transportation, is to-day the only thing business proposition, to take from the State of Ohio as a free gift, not a which is an operating factor controlling railway charges, and unless it dead improveme~t, not one which has not yielded a constant income, be enlarged and unless the Government shall have such control of it as but a revenue improvement, one which that State believes may be to enable the great freights of the West to be carried through it-I say better controlled in the interest of free navigation by the Federal Gov­ that unless that be done, then the time may come and will come when ernment than by itself. And that is all there is of this provision. the State of New York, which now collects no tolls upon it, will refuse [Here the hammer fell.] , to maintain the canal, and the railroads will have their long-hoped-for . Mr. HENDERSON, of illinois. 1\ir. Chairman, the gentleman from millennium. New York [Mr. HEWITT] has certainly alarmed the House with the For one, sir, and speaking for myself individually, the assertion that idea that the Government of the United States was about to be bank­ this amendment is not in the interest of commerce, the idea of nego­ rupted because it was proposing to improve the internal rivers and tiating for the· Erie Canal in this river and harbor bill has nothing water ways of this country. I would like to ask the gentleman, or any offensive to me. I wish to Heaven there were more ofsnch.provisions other Representative upon the floor of this Ho~ who agrees with him, in this bill. In other words, instead of going all around the fringe what is this Government for? What do we collect taxes or revenue of the continent, and appropriating simply sums for the improvement for? Is it simply for the purpose of paying our public officers? Is it of insignificant waters, ~et the great water ways of the land be im­ merely for the purpose of erecting magnificent public buildings; of proved, and especially such a one as this canal, which would have a. maintaining armies and navies? Or is it a Government of the people, positive effect in cheapening transportation; and I hail this provision which should do something in the interest of the people and not in the as one which lays the foundation for the future actj.on of Congress with interest merely of public officials or public creditors? respect to the Erie and Hennepin Canals; because, if it is right and I undertake to say here to~day that one cause of our depression, one proper in effect to accept from the State of Ohio these locks and da.ms, cause of the misfortunes under which the country at times labors, grows this still-water navigation, then it is certainly just as right and proper out of the fact that the grea,t amo~nt of o'll.r public reYimue, necessarily to accept a canal between three and four hundred miles long and con­ large to maintain the public credit as it should be maintained, ·s going necting the great lakes with the Atlantic. to our public creditors instead of being distributed and put in circu-. I yield the remainder of my time back to th~ gentleman from Iowa lation, as it might well be, among the people of the country, in doing [Mr. HEPBURN]. something for them and in their· interest. We collect a vast· amount Mr. HEPBURN. I yield five minutes to the gentleman from New of revenue which is paid out to but few public creditors, and but little York [Mr. HISCOCK]. of the revenue goes out into the channels of industry. I repeat what :M:r. HISCOCK. I haye very little to say on this occasion. I listened the chairman of the committee has said, that the great question of the ·to my friendfromlllinois [Mr. MORRISON]this morning when he told hour and of the day with the people all over the section of country us what had called the occupa~ts of seats on the other side of the Honse where I live is ·cheap transportation. There is nothing in which they to their places, and when he stood up to warn gentlemen there against feel so deep an interest as they do in every measure which is cakulated extravagant administration. And I have listened to-day to my col­ to give to them cheap transportation. · league from N ew,York [Mr. HEWITI'], and the most I can do with bini There is no measure of' more vital importance to them. Mr. Chair­ is to grieve with him that he and the gentleman from Illinois are the man, the framers of the Constitution tmder which we live took from representatives of the past ages of the Democratic party. I say to these the States the power to raise revenue out of the commerce that passes gentlemen, it is your committee that has brought in this bill and pro­ into and out of them, because they believed the interstate commerce poses the new departure of buying the works ofthe States and taking of the co tintry should be exclnsiv~ly within the control of the General the control of them for the General Government. ·And I say to you Government. gentlemen, you may unite with the gentleman from Texas [1'1Ir.-REA-­ They denied to the States the right to levy imposts or duties on im­ GAN], and all three of you will be unable to hold down the brakes and ports or exports; they denied to the States, without consent of Con­ stop the progress of your party and of this extravagance. · gress, the right to lay any tonnage duty. Our revenues to-day come I have no doubt, and I congratulate the country upon it, that in a largely from the commerce of the country. · It is by duties on imports short time it will discover that all the specious promises that you made largely by which we fill our Treasury, and it is reasonable and jnstthat of reform and econ.,my were simply cheating sounds to the ear; that the Government should use some of the revenue which it derives from they will discover your full purpose and that of· your party, and call commerce to give all reasonable and proper facilities to commerce. back to power the Republican party. [Derisive laughter on the Dem­ I am suryrised that so intelligent a gentleman as my friend from ocratic side.] I congratulate the. country that so soon after you have. New'York tMr. HEWITT] should be alarmed or apprehensive thatthe taken possession-after you have come home, as you say-that so soon Government is going. to rush into bankruptcy for the purpose of im­ the country will discover that the warning voice of the leader of the proving the water ways of the country: There is no danger of that. House-the gentleman from illinois-the prophecies and mournings of· On the contrary, there is far more danger of our neglecting to make im­ my CQlleague from New York, and the great constitutional arguments provements which would enrich our people and make them more pros­ of the gentleman from Texas are ineffectua.l in stopping the extrava- perous. gance which your committee has reported here to Congress. · I assert here now that there is not a :first-class civilized power on the Mr. BRECKINRIDGE, ofArkansas. :M:r. Chairman, the gentleman globe but that has spent largely more money than we have for this from New Yqrk [Mr. HEWITT] is entirelyrightwhenhestatesthatall very same purpose. England has been doing it for years; she has ex­ taxes are a burden upon the people; and the figures which he adduces pended in the past ten or twenty years many mil).ions of dollars. for our consideration show a most striking contrast between the ad­ France has expended more by far than we have; and so has Germany ministration of the two parties in our country. But, sir, a. tax upon and other first-class powers; for, as a matter of fact, the U;rited States the production of the people to supply the coffers of the Federal Gov­ bas been niggardly in improving its water ways and its commercial ernment is no more and no less a burden upon their production than· facilities in the interest of the peopl~. But I do not fear anything from is a tax in the shape of high freight upon their commerce. If the such e.xpendit"\lres when they are made for improvements which are $300,000,000 that we gather from them yearly to support the Federal really in the interest of the commerce of the country. Government be a. burden, how great must be the burden of the well Judging from our past history, :M:r. Chairman, there is no great dan­ nigh $800,000,000 that they pay yearly to the unrestrained corporations ger of this Government entering upon a system of any. great extrava- of this country for carrying their p~oduce to and from the markets. XVII-245 3906 CONG:&ESSIONA.~ RECORD-. HOUSE. APRIL 27,

How much of this is an unjust and needless burden I can not say; but they less a. burden than if they were collected into the Federal Treas­ the values given to watered stocks_would indicate that it may approach ury instead of into the safes of the transportation companies to be trans­ even the burden of Federal taxes. mitted to the stockholders in our remote cities o1· in Europe? It is This is only one of many burdens of similar character imposed by clearly a burden which we can greatly ameliorate, and I think we need· RepublicanCongresses,and whichasyetwearepowerlesstorepeal. Is.·l.y to go fmther to keep the range of this discUBBion. We need to bring imposed by Republicans, for they refused to complete the passage into the Federal Gpvernment bw·k to economira.l expenditures as stated by lawoftheinterstate-commerce bill that a Democratic House sent them; the gentleman from New York [Mr. HEWITT], and also to relieve the and the tariff monopolies, yet more costly still., stand by their enact- people not only of unjust charges upon freight, but to relieve them also ment and obstruction of reform.- But even these are not all of the bur- from the domination of other monopolie!.'l which the party of the other· dens that are grinding the people, and to which many seem blind. d.istinguished gentleman from New York [Mr. HiscocK] has imposed Then, sir, the gentleman alludes to the centralizing tendency of our upon them. This, sir, is the function of the Democratic party, to bring country. All that I have stated is centralization. What then can be this Government back to the people by the people and for the people, more natural than for the people to show a disposition to go steadily to and to permit unjust taxation in no form, either by the Government or the Federal Government, there to ex~cise power, when the Federal by the cr~>.ations of the Government. That is the only way we can give Government has occasioned their trouble and refuses them relief and genuine relief to the p~ople. All other is sounding brass and tinkling has turned them over to be ·governed and plundered by unrestricted cymbal and slavery in thin disguise. charges upon their commerce by railroads and by artificial prices by sub- [Here the hammer fell.] sidizedindustries? Do we expect them todiscriminateaboutnicepo.ints Ur. HEPBURN. ::rtlr. Chainnan, recurring to the subject underdis- when we disregard all points and set them the worst example of des:- cussion, I would like to call the attention of the Hoose to the fact that potism? Have we not surrendered enough? Shall. we now surrender this provision for the acquirement of this canal is unlike either of the to corporations the water ways of the country also that the Constitution provisions that iflave preceded it. They simply looked to negotiation, gives us the control of and that we can improve in the interest of ch~ap to reports, to future action on the part of the Government of the United , freights? Shall we permit them to be usurped and possessed by default States, while this is a !J.nality, and byits adoption we assume charge of on our part? Have we not endowed corporations enough? A protest these locks, with a.ll their burdens, with all their expenses and officials. against this policy is not for centralization. It is for cheap and free dis- We are adding, by the adoption of this paragraph, one hundred o;r more tribution and exchange of products instead of submitting our com- officials to the list that will appear next year in the Blue Book; we are merce to any power) corporate or not corporate, to tax the lifeoutofit. adding all their salaries. We are adding $20,00Qofannualcost for the We may see centralization here upon the part of the great body of the mere opemtion of this work, to say nothing aliout what will be re­ people, taking the form of hasty, crude, and even revolutionary legis- quired to sustain and improve it. lation, if you please, for the purpose of getting rid of existing centrali- :Mr. WILLIS. Wi"!l the gentleman permit me to ask hjm a ques- zation, breaking, in their own rude way, theidolsandimagesofmonopoly tion? . and prerogative, afier all appeals have been disregarded with Bourbon 1\Ir. HEPBURN. I mn not yield. I would be gla.d to if I could. blindness, and getting back to equal rights and equal laws. To keep our I hn,ve but eight minutes. There is no doubt much truth in what the waterwaysforthepeople,and tokeepthemfreetocommerceand tomake gentleman from· New York [Mr. HEwiTT] has said of the gloomy pros­ them adequate for commerce, is not centralization, nor is it a policy of pects n<;>w lowering over this country and the financial distress every­ expense. where to be found, but is it not true, sir, that we must look to other I will speak of another feature in the matter of burdens. I have causes than the one that he suggests? The comparatively meager up­ said that a tax upon commerce in the high freight charges is no less a propria.tions in this bill, ·$15,000,000 though they may be, will have burclcn upon the people than is a tax laid by the Federal Government but little effect in lightening distress or bringing relief to the poople of upon the same commodities to replenish the Federal Treasury. There this country. We must look to other and higher causes, and may we is no more chance of money getting back to the people when paid to not find some cause for ·these difficulties the people suffer from in the railroads and steamboats and ships, and remitted to stockholders in fact that the people are aft·aid of those who are now dominant over the cities and in Europe, than there is if it is remitted by our custom- them-afraid of the partynowin power? Is it not true that there has house officials and internal-revenue agents to the Treasury here in been so much of promise and so little of performance upon the part of Washington. NowJ that all expenditures for the improvement of our the Democratic party that the people look to the future with distrust rivera and harbors are judicious, no man will pretend to say. That and foreboding? perhaps can never be. That great errors remain to be corrected, and Mr. Chairman, just to enumerate a few of the pledges that have been ones that ought_ to be corrected, I am fully aware, anc! I have- made made to the people: In the :first days of the present administration we earnest' efforts in that direction, and I shall continue to make such ef- were told by gentlemen here, my colleague [Mr. WEAVER] most nota.· forts. But what I wish to emphasize upon the attention of the House. bly among the number, that now a. new era was to begin. Heretofore,· is that the whole amount we expend yearly upon such relief works we were told, this Government had been run in the interest of'rnen of does not amount to 5 per cent. of the present annual exactions by cor- wealth and the interest of tho great monopolies, but now· the people porations of freights that ought not to be charged. These expenditures were to be considered in all of their interests; and as a proof of this once judiciously made are fr-equently paid back in freight savings in he called our attention to the fact thatthePresidentwassympathizing one year. Then the annual tax by corporations for all future years is with the settlers upon the frontier who were standing around the Tex:ri­ stopped. Is this a. policy of heaping burdens? Is it not rather a tory of Oklahoma, but who had been kept out by a wicked Republican policy of wise and essential economy? 1 President; and he assured us that now the monopolists-the €attle bai'Ollil This, sir, does not take into account the expense of natural obstruc- whohadgoneintotheTerritoryundertheruleoftheRepnblicanparty­ tions too~ harbors which impose their annual expense upon commerce. were to be turned out instanter and tbe settlers were to be at once al- Letustaketwocasesinpoint. Oneisafleetof bargesloaded with coal lowed to go in. • . that was taken from Louisville to New Orleans by Capt. B. D. Wood. But a few days ago my colleague, with humiliating confession on his He took it down when the river was at high water, and navigation can lips, was compelled to say to this House that all of those loud-sounding be made as good at all seasons by judicious improvements. He carried promises and professions were untrue, that the same cla.sses were in­ this fleet at a profit at $25,000. By rail it would have cost $175,000. festing that Territory now--<>n the day he spoke-thatinfesteditayear The jetties at the mouth of the Missississippi River have paid us back ago, and that the same settlers were still standing upon the outside their cost once in every two years since they were built. Was the tax looking over into the land of promise which the Presidential order kept to build them relatively a. burden? them from entering, while the cattle syndicates futtened and'grew in- Sir, these matters should be considered. There is no expenditm ':l solent on all that was good in the land. · made by the Federal Government that more richly blesses the people Again, Mr. Chairman, may it not be possible that the people are fear­ than that which is applied to the removal of charges upon their com- ful that their currency is to be disturbed? My colleague [Mr. WEA TER] merce. That gives them genuine relief. It blesses twice. It m,akes aided in the election of this administration, and he told us at that time the food and the produce of this country cheaper to him who consumes bow we were all to be benefited, how all our people were to be made and makes it bringahigherprice to him who sells. And it is not dif- · happy ,vben the administration came into power. He told us that then ficult for us to realize the. barriers that lie in the way of the people of his pet theories about the enlargement of the volume of currency would our country in getting net results upon their production when we re- be put into operation; that the Democratic party much more com· member that if you will take a point in my State that iS scarce 300 pJetely sympathized with him and his party than did the Republitan miles from the city of Saint Louis and measur_e its distance from Saint party. But, instead of that being true, even before the President had Louis by freight charges we are at that point twice as far from Saint taken his seat he terriblyilisturbed all.such prophecies byrecommend­ Louis as New York is from Liverpool. If you wip take a barrel of ing that: the~ilver element of our currency should be stricken down flour from mytown 40 miles on a railroad and measure the distance by and that silver coinage should cease. freight charges it is as far as NewYorkisfrom Liverpool. . If you will Not content with that, in the-very first report made by his Secretary take cotton down the unimproved rivers of my State to New Orleans of the Treasury the Secretruy 1-ecomm.ended that the greepba.cks should it is four times as fur, measured by the logic of prices, as if you shipped be retired, destroying at once nearly six lmndred millions of our cur­ that cotton from the city of New York across the Atlantic to the spin- rency. Then immediately after that, almost upon the very day of the dies of England. meeting of Congress, in comes the g~ntleman from Illinois [Mr. MoR- 1 repeat, ..sir, are these charges not taxes resting on ~he people? Are RISO~] with a proposition to disturb .all the labor interests of the coun- 1886. CONGRESSIONAL RECORD-HOUSE. 3907 try. No man knows where that will end; no man can tell where this by tellers as to lliwe it by yeas and nays. There is a quorum in the disturbance is to cease; no man can forecast the future or the business House, and I insist on the count by tellers. operations of the future or his relations to them with the slightest de­ The committee again divided; and the tellers reported-ayes 40, gree of certainty. These gentlemen are content simply to produce noes: 124. change, to produce revolution in finance and in business, and under So the amendment of Mr. REAGAN was rejected. that fear of change the public mind is disturbed. Mr. ANDERSON, of Kal!sas. I move to amend by inserting after The business enterprises of the country can not be carried on without the word "Ohio," in line 875, the provision which I send to the ca. pital Those who have capital are distrustful of the promises of the desk. majority party and are distrustful of their p:oposed measures and pol­ The Clerk read as follows: icies. Men who have money are afraid to embark in business enter­ P1·o vided, That a joint committee of eight members of this Congress h" ap­ prises, knowing that the administration is committed to the destruction pointed, to consist of five Representatives to be appointed by the Speaker of the of more than one-third of the entire circulation of the country. Others House and tlu-ee Senators to be appointed by the Pt-esident of the Senate. Said are afraid to engage in manufactures, because the tariff tinkers are committee shall confer with a committee of like power appointed by the Leg­ islature of the State of New York, and with the goYernor and other State offi­ abroad in the land. They can not tell when this party of tariff reform cers of said State, in regard to the maintenance of the canals thereof, and as-. are to end their labors, or what manufacturing enterprises are to be certa.i n if said canals are sufficient !or the requirements of i u terstate commerce, stricken down. Hence, from this fear and distrust, the money by the or if they should be enlarged, and the cost of such" enlargement: and said com' mittee shall ascertain upon what terms and conditions the Unitcrl States can ac· millions of dollars is hoarded, is nofj permitted to go into use, and as a qu.ire the title to and jurisdiction of said cnna.ls, or of any of them. Said com-­ result business interests, manufacturing interests languish, the fire dies mittee is authorized to appoint one of its membel's chairman, aml may bold its in the furnace and the forge, the factory and the mill is tenantless, meetings at svch times and places as it may appoint in the State of Kew York or the eity of Washington, and to take testimony :mdcmploy a clerk, who shall while their late occupants are in the streets and the highways, swell­ be a stenographer. The expenses of said committee shall be paid from the ing the ranks of the army of tramps that exist in this country to-day, contingent funds of the two Houses of Congress, to be disbursed the;·efrom upon largely because the Democratic party sits in the seat of power, and be­ the order of the chairman of the committee and of two other members, one of whom shall be a Representative and the other a Senator; and said committee cause the people are so distrustful of the manner in which, and the pur­ shall report in writing to Oongrees. poses for which, that power will be used. Mr. WILLIS. If my friend from Iowa will show that the Musking­ :Mr. GIBSON, of West Virginb. I rise ton. point of order upon thL'3 um Ri vcr improveme_?~js responsible for all this, I will move to strike amendment. it out of tbe bill. [LWghter.] The CHAIR iAN. The gentleman will state his point of ortler. Mr. HEPBURN. I think I said a while ago that the meager im­ 1,1r. WILLIS. The same amendment has been ruled OJit severnl provements of·the Uuskingum River have but little to do with this times heretofore. It is not germane to the paragrn.ph, and it is not matter; but this proposition conta.ined in the paragraph shows to the within the jurisdiction of this committee. Honse and the country the tendency to change the unstable character 1\ir. ANDERSON, of Kansas. I would like to be heard on the point of this great Democratic party. This Muskingum improvement was be­ of order. gun in 1836; the one for the Monongahela River was begun in the mme 1\'l.r. GIBSO~, ofWest Virginia. I call the ntte~tion of the gentle­ year; that of the Barren and Green Rivers in 1837; all these works were man f1·om Kansas to the fact that this very n.mendmen twas offered yes­ commenced in the times when the influence of Andrew Jackson and Mar­ terday, and after a full discussion was ruled out by the chairman of the tin Van Buren was supreme in the councils of the Demooratic party of Conimittee of the Whole. , this country and when the Democratic party wn.s everywhere supreme. ~fr. ANDERSON, of Kansas. But itwas offered to a differentp:.ra- If there was one dogma of Democracy more certainly Democratic than graph. _ another in that Jackson-Van Buren period, it was that one denouncing Mr. GIBSON, of West Virginia. That does not make any difference. and decrying internal improvements by the General Government-the I presume that the gentleman offers this amendment in good faith-­ building of roads, the digging of canals, the improvement of rivers remote Air. ANDERSON, of Kans..'\S. Undoubtedly. from tide water. He who believed the Federal Constitution conferred Mr. GIBSON, of West Virginia. That being the fact, I simply state power upon the Congress to appropriate money for such purposes must to the gentleman, in order to save time, toot the sa.me· proposition bas cease to be a Jackson Democratin thedaysofwhichi speak. Because been already offered and ruled upon. of this positio ~ 1 on the part of the then Democratic pnrty, these improve­ :Ur. ANDERSON, of Kans..'\S. I do not desire to consume time. ments and others were remitted to the Stat-es. They must be impro\ed. The CHAIRMAN. The Chair is ready toruleon the pointoforiler. by the States or not be improved at all. And the States were permitted M:r. ANDERSON, of Kans:.ts. I would like to call the attention of to assume jurisdiction and control over '' navigable water ways'' and the Chair to a single point. improve them by systems of locks and dams and cheap tolls for their The CHAIRMAN. The Chair will hear the gentleman briefly. use. Not only so, but later the States sold them ou_t to or gave them 1\Ir. ANDERSON, of Kansas. The Chair will notice that the sentence away to close corporations for the purpose of individual, personal ag­ beginning at line 858 and closing at line 875, to which thi.s amendment grandizement; and in this way was created the best illustration of com­ is offered, is a provision to the effect that the Government of the United plete, perfect, sonlless corporations in the whole length and width of States 11ereby accepts from the State of Ohio the Muskingum River im­ the land. provements. In other word~, thi&' amel1dment is offered to nr provision But now the great " unchangeable " Democratic party is undergoing which pertains exclusively and specifically to an improvement of the a change-a. very radical change. It has provided in this bill for the Muskingum River, which improvement consists of locks, dams, an

and this whole House can not put tn another because it may be said in all candor and sincerity to make this appeal to the committee that that it is not germane. they will give this 'little appropriation. I am for this bill and tor The CHAIRMAN. This amendment was substantially offered yes­ everything in it that_is right; but I think this is one of the things that terday. T.he Chair thinks the point of order is well taken, and sus~ is eminently right and that the committee should concede it. tains it. [Here the hammer fell.] Mr. ROGERS. I desire to offer the following amendment, to come Mr. WILLIS. ?tlr. Chairman, I regret very much having fo resist in after line 887. an appeal of this kind made by my friend from Arkansas, but a brief The Clerk read as follows: statement of one or two minutes will satisfy him, and I think this For remo'"'ing the rock shoals in the Fourche, about 4 miles below the town committee, that we ought not at this time to take' up this river. of Perryville, in Perry County, Arkansas, $5,000. We receive these estimates from the local engineers. · .Ai3 a matter of ?!Ir. -ROGERS. Mr. Chairman, I had at first thought I would not abundant precaution we ask the local engineers t() submit them to the offer this amepdment, but upon more careful consideration of the report Chief of Engineers, and upon his indorsement, when he has considered _made by tbe engineer, and in view of the fact if this appropriation is them, we feel it proper to act. made it will be the sole appropriation ever called for in behalf of this There·are many improvements just like this which have been exam­ work, I have concluded to ask the committee to permit the amendment ined since the general reports of the engineers have been sent in; but t() be made. as.we did not go into others we thought we ought not to go into this The Fourche River is a tributary of the Arkansas. Up to the s:P,oals, one, certainly not nntil.the Chief of Engineers bas had an opportunity which lie 4 miles south of the town of Perryville, in the State of Ar­ to pass upon it. I have no doubt that when he does consider the mat-­ kansas, and which is the largest town on the river, and whe:re the whole ter he will approve of it; and I only· ask the gentleman from .Arkansas ~ commerce is done for tbe country around, the water is always deep to bide his time, as we have been appealed to by a hundred other gen· enough at the lowest stage of the river to permit such boats as are snit­ tlemen for a number of equally worthy improvements in this country, able to the trade to n.scend without difficulty. and have been- compelled, under the circumstances I have related, to Four miles south of Perryville lies this rocky shoal, about 500 feet refuse them until these reports are received. long. The engineer says that about $21,000 have been expended on this The CHAIRMAN. The gentleman fi·om Arkansas [l\Ir. BRECKIN­ river. No part of it, however, was expended for removing these shoals. RIDGE] is recognized for five minutes. It was used for taking out snags and other obstructions. This occurred Mr. BRECKINRIDGE, of Arkansas. Mr. Chairman, I mo>e to prior to 1883. strike out the last word. fl The object of this amendment is to secure an appropriation to remove - -The appropriation proposed.by the amendment of my colleague [!tfr. these rocks so that boats may ascend to the town of Perryville, the ROGERS] is a matter concerning a people I know well and who take a principal shipping poi_nt on the river. The engineer estimates it will deep interest in having a work, that I know appears sniall to this House, require $5,000 to remove this shoal and give navigation up to Perryville. completed; for it is a work of decided importance t() their commerce. Mr. GIBSO~, of West Virginia. Will the gentleman tell us where In regard to the point made by the chairman of the Committee on we will be able to find that estimate? Rivers and Harbors that this has not been submitted to the Chief of Mr. ROGERS. I hold it in my hand. Engineers for his approval I wish t() state that it does not come up here Mr. GIBSO~, of West Virginia. Is it to be found in the Book ofEs· as a new survey, for in years past $21,000_has been expended to bring timates? this river. to .its present condition. This amount has been expended Mr. ROGERS. It is not in the Book of Estimates, because Ireqne.Sted through continuous years in removing snags and other obstructions from the Secretary of War to have this examination made subsequent to the -the channel. Nothing bas been· done about the shoals below Perryville, time the report was submitted to Ctmgress: · He made it and he made though amply reported upon. They prevent the river from being navi­ it officially, and. his report upon that examination reached the commit­ gable during several months of the important shipping portion of the tee through official channels. year. There is then. nothing strange about this small but important I think it ought to be perfectly satisfactory to the committee. If it improvement. It only calls for $5,000 for a permanent work which were the inauguration of a work which would require subsequent ap­ will effect well-nigh that much saving upon the freight charges of the propriations to keep up, I would not ask for it und~r the present cir­ people in every year to come. · cumstances; but if the engineer's report is true, and we have every .Ai3 for the amountof commerce: The amount of commerceisabouta. reason to believe we can remove 500 feet of this rocky shoal by 50 feet quarter of a million of dollars a year. Every dollar of it is foreign and wide with the sum here asked for, I think it ongl1t to be voted. If it interstate commerce. There are 15,000 bales of cotton that go out of required oue cent after this appropriation has be~n had I would not ask the Fourche La Fave Ri>er, eyery bale of which goes to New England tor it now. .Ai3 it makes a permanent improvement to an already nav­ or to Europe. There is a large quantity of cotton-seed which goes out igable river, as it makes navig&tion possible up to that town, which is from there, every ton of which is converted into oil at Little Rock, and the most important point on the river at all seasons except extreme shipped to the Mediterranean ports; and, as my colle..1.gue says, during "low water, I think the committee might well yield to me this small the heaviest portion of the shipping season these people have to haul appropriation I ask for this improvement. their freight many miles across the country, and it is a very heavy The CH~IRMAJ..~. The gentlema«'s time has exph·ed. charge upon interstate COilliilerce and foreign commerce emanating M.r. ROGERS. I hope gentlemen will give me a minute more. Let there. me say in this connection that I appeal to the committee in all candor I believe it is a most reasonable request. While I know it is not and sincerity in favor of the amendment which I have propo8ed for re· advisable and that it is a bad policy generally to break down the con­ moving this rocky shoal from the Fourche River. clusions of ,a committee, yet I unhesitatingly say, as one who has had This point is in the neigborhood of a thriving county town, and there the honor to once serve upon. this committee and is familiar with this is considerable traffic along the river, while every bale of cotton, every river, that in my opinion a mistake was made in overlooking this mat­ bushel of wheat or corn in that whole section of country, every dollar's ter, which is more deserving than :my other work now seeking redress worth of produce of all kinds which leaves, or of all merchandise which at the sovereign hands of the House. My colleague now tells me what goes to it, both to and from that town and county, and all that beauti­ I did not know, that the ferriage across the .Arkansas River alone ful valley back of it, both above and below, would pass by boats on where this commerce now seeks the railroad, independent of the ex· Fourche River if this improvement were made. pense of hatlling to it, costs more than it takes to ship these commodi­ For the want of this improvement all of the produce of that country, ties by boat during the navigable season, which we· seek to lengthen, except in high water, must be hauled over to the .Arkansas River, many down to Little Rock, wherethey meet a market that distributes them miles distant, and ferried across that river, nearly a thousand yards wide, over the world. Of course the same charge is made upon return to the rail,rbad, and th·ere it is shipped by :rail to Little Rock or Mem­ freight. phis or New Orleans, us the case may be. Mr. Chairman, the ferriage I know, as a ma.tterwhichShoul havesomeweightwith this House, across the Arkansas costs more than the entire cost of the shipment to that in this Southwestern region, from Red River north and including Little Rock would cost if there was river navigation. · This rock shoal Southern Missouri, there is a system of rivers flowing into the Missis­ is the only impediment. It can be removed fqr this small sum. It sippi River, and exclusive of that river, with more than 5,000 miles will be a permanent improvement. It is clearly in the power of Con­ of navigable water; there are in this region, embracing North Louisi­ gress to make it, and I submit with all possible candor and earnestness ana, Northern Texas, Southern Missouri, and Southern Kansas, and all that it is meritorious and should be done. of Arkansas and the Indian Territory, over three million of people, These are the circumstances, Mr. Chairman, and I speak from per­ with more than $300,000,000 of commerce. They get only about sonal knowledge of the condition and geography of the country; and I $200,000 for their commerce, and their rivers need improvement as say that where the committee can, by expending $5,000 simply, make much as do any rivers in the country. Now, note the contrast. With­ a pe~anent improvement which will benefit that one county three out instituting any invidious comparison or criticising any appropria· times or five times annually the amount of the expenditure it is cer· tion made by the committee, for I believe they are fairly justified in tainly a proposition which I think the committee will scarcely find all they have done for other localities, yet while they recommend but gron.lld to object to. little over $200,000 here they give to the commercial system of Oregon, Let me utter one more sentence, then I have done. This is the first with one-tenth the commerce and population, over $500,000. moment of the committee's time that I have occupied, and I occupy it Why, sir, if our commerce were treated as liberally as that it would 1886. CONGRESSIONAL RECORD-HOUSE. 3909

ha'\'e expanded under this bill for the relief of its necessities over $2,- The Clerk read the following paragraph: 000,000; and our necessities are just as great and our improvements are Improving Saginaw River, Michigan: Continuing improvement, s-!5,000; of just as constitutional, and our commerce is just as interstate and inter­ which $22,500 are to be used opposite Bay City. national. I say this in no harsh spirit of criticism, but only for just Mr. WILLIS. I move to amend by striking out, in line 901, the and equitable consideration by the House in connection with the humble word " opposite" and inserting the word "above." request which has been made. The amendment was agreed to. I withdraw my pro forma amendment. _ The Clerk read t.he following paragraph: Mr. GIBSON,.ofWest Virginia. I desire tocalTthe attention of the Impro"-ing Fox River, Wisconsin: Continuing .improvement below Mont~lo House to the fact and to correct a misunderstanding that I know the on the approTed plan, $75,000. And the Secretary of War is hereby directed to have the examination and survey of the Wisconsin River from Portage to the gentleman from Arkansas is under, though not intentionally. There mouth, now being made by a board of engineers, CQmpleted as soon as practi- . was no report of the Chief of Engineers to the committee on this sub­ cable, and a report thereof made on or bc!fore the meeting of the next session of ject at all. The communication the gentleman refers to was one from Congress. the local engineer, addressed to the gentlemiDl from Arkansas himself. The committee recommended the following a.~endment: In addition to that, I want to call the attention of the committee to the In line 007, strike out the word" 1\Iontelo" and insert" 1\Iontello." fact that this engineer reports that this inprovement is only necessary - The amendment was agreed to. in very low water, and that then when the water is low and this im­ Mr. THOl\IAS, of Wisconsin. I offer the amendment which I send provement is necessary the balance of the river is comparatively dry to the desk. and navigation is entirely suspended. The Clerk read as follows: Mr. ROGERS. I move to strike out the last two words. I do so Strike out all after the word" dollars," in line 008 and all thereafter to and simply to correct the statement just made. I will state in the first plaee including line 913, and insert in lieu thereof as follows, to wit: that during last summer, through my friend Mr. BRECKINRIDGE, I "Improving the Wisconsin River from Portage to the mouth, continuing im­ provement, $100,000; but no part of said last-mentioned sum shall be expended asked the Secretary of War to have this examination made. It was unless, under the direction of the Secretary of War, a board of engineers, on an made, and I hold in my hand now the letter of the Se<>.retary of War, examination and survey of said river, shall recommend the expenditure thereof, signed officially, transmitting "these papers to my friend Mr. Bn.ECK­ and which expenditure shall not exceed in any event 33t per cent. of the esti­ mates of said engineers of the amount necessary for the improvement of said INRIDGE, who sent them to me. river for this year. The report was made to the Secretary of War by the local engineer, and by him transmitted through my colleague to me. I suppose; from 1\fr. THOMAS, of Wisconsin. 1\Ir. Chairman, it will be noticed that the nature of the papers before me, this came directly from the Secre­ the Committee on Rivers and Harbors have recognized the fitct that tary of War to the committee, so that this 1·eport is not made to me at the board of en;,rineers are now making a sur_vey of the Wisconsin all, but is an official communication for the committee. River. That board will very shortly make their report, and, if I am 1\fr. WILLIS. The point is tb,at tho Chief of Engineers takes these correctly informed, it will be favorable to the improvement of· the reports and sends them to us with his official approval. When this river. Thisamendmentsimplyproposes that the amount specified may report comes up in that way it will be in its regular order. be used in case the·engineersmakeafavorable1·eportand not otherwise, Mr. ROGERS. This is not the place, it seems to me, to make that and provides thatitshall be 33l percent. of what theyestimat.eas neces­ point; because I introduced a bill and had it sent·to the committee, sary to be used this year. So, 1\Ir. Chairman, this proposition is exactly . and took copies of these papers in person and laid them before the com­ upon the plan of the committee, and I can see no possible objection to mitteeandexplained them and the situation, and they should not exclude it. There are a great many rivers proposed to be improved by this it now on the ground that they neglected to send for the papers in the bill that do not compare with the Wisconsin. proper method. I did all I could do. I am not a member of the com­ It is a river from a half to three-quarters of a. mile wide, capable of .mit±ee. bearing any steamboat that can navigate the Upper Mississippi, and it 1\Ir. WILLIS. TP.e gentleman from Arkansas does not seem to un­ is connected by canal with the Fox and Wisconsin improvement, so derstaner, a few places Mr. ROGERS. It is also a mistake of my friend from West Vir­ that need i~provement in order that vessels may ascend .. That im­ ginia. when l10 says- this report is addressed to me. The language on provement is necessary, and I hope the Committee on Rivers and Har­ it is: bors will take this into consideration and accept this amendment, in Indorsements on letter of December 1, 188;;, from Hon. J. H. RoGERS respect­ view of the fact that I have embodied in it provisions that cover every ing the e.x:uniuation of Fourche River, Arkansas, to detePminc whether shoals contingency, so that there can be no possible danger in its adoption. thereon ·can l>e removed. · 1\Ir. WILLIS. I hope my friend will see the propriety of not press­ There is no :o.dllress of any letter to me, and it was not sent to me at ing this amendment. Wo have called for a report of the board of en­ all. Copies wero sent to my colleague and he-transmitted them to me, gineers. The gentleman now proposes to take that report, and upon andJ laid them before the committee. Certainly the committee did theix estimate, no matter what it may be) make an appropriation. The not understand this matteJ'. usual way is for the enginners to report to Congress, so that we may The question being t..'llken on the amendment proposed by Mr. RoG- know just what they have done and what they recommend. I sub­ ERS, there were-ayes 30, noes 50. . mit to him that his improvement is in progress of favorable C..'1nsider­ So (further count not being called for) the amendment was rejected. ation. The board of engineers has been convened to"consider the prob­ The Clerk reml the following paragraph: lem of improving that river, and until the board makes its r<>port no Improving Saint Mary's River, l\lichigan: Continuing improvement, $250,000. appropriation should be made. The committee recommended the following amendment: 1\Ir. THOMAS, of Wisconsin. Will the gentleman permit a ques­ In line 895, insert after" improvement" the words" by a new lock nnddam." tion? Mr. HOLMAN. I suggest it is getti'ng late and that tlle committee Mr. WILLIS. Certainly. _ ought to rise. · Mr. THOMAS, of Wisconsin. I notice that there is $1,800,000 pro­ Mr. WILLIS. I ftope, in the public interest., we will go on a little posed to be appropriated in this bill for objects th..1.t are not in the books longer. of estimates. Why does the committee make a distinction against the The CHAIR"AIAN. The question is on the-amendment proposed by Wisconsin River, a river which is well known throughout the country, the committee. which is known to be a navigablesh·eam, and an important link in the The amendment was adopted. connection between the Mississippi and the great bkes? The Clerk read the following paragraph: Ur. WILLIS. My friend is entirely mist..1.keu in his proposition, so Improving Hay Lake Channel, Michigan : Continuing improvement, 5150,000. that I do not think it necessary to reply to it. We have not recom­ mended appropriations that the engineers have not asked for. In this Mr. ANDERSON, of Kansas. I would like to have a little informa­ particular instance the Chief of Engineers says that we ought not to ex­ tion as to this matter. pend any money until the board of engineers has made an e.:mmina­ Mr. WILLIS. The gentleman certainly understands where Hay Lake tion and determined whether the improvement is advisa,ble. Channel is. It is the great throat of the lakes. 'l'he amendment was rejected. Mr. ANDERSON, of Kansas. I know that. 1\Iy understanding was that the1·e was a channel cnt through Hay Lake. ~ ORDER OF BUSINESS. l'l-Ir. WILLIS. It is there' now, and this is to enlarge it. The draught :Mr. HOLMAN. 1\Ir. Chairman, it is obvious that there is no quo­ of vessels passing through that channel is increasing from year to year, rum present, and I suggest that the committee ought to rise. decreasing the price of transportation. As the depth of the channel is 1\Ir. WILLIS. There is nothing in the next two pages of the bill increased the cost of transportation is diminished. This is for a deep­ that will excite any objection, and I hope the committee will go on ening of that channel. _ for some time longer. 'Ve have made but little progress to-day. Mr. ANDERSON, of Kansas. How much is'required to complete the The CHAIRMAN. The Clerk wiiJ read. improvement? The Clerk Tead as follows: Mr. WILLIS. This about completes it-$150,000. Improving Wabash ll.iver,Indiana and Illinois: Continuing work on lock and 391() CONGRESSIONAL RECORD--HOUSE. APRIL 27,

dams at Grand Rapids and on the river from Grand Rapids to its mouth, ~SO,OOO; that the Senate had passed without amendment House bills of the fol­ of which $12,000 to be expended on the river at Grayville, lll. lowing titles: Mr. JOHNSTON, of Indiana. Ur. Chairman, I send up an amend- A bill (H. R. 2993) to authorize the Chicago, Freeport and Saint ment which I propose to offer to this par3oarnph. · Paul Railroad Oompany to construct a bridge across the Saint Croix The Clerk read as follows: River (or lake), at any accessible point between Prescott, Wis., and Still­ Amend by inserting after the word" lllinois," in line 920, the following: . water, Minn. ; and "And t.he further sum of;)50,000, to be expended between the Grand Rap1ds and the city of Attica., Ind." A bill (H. R. 7651) to at;tthorize the Chicago, Milwaukee and Saint Paul Railway Company to construct, operate, and maintain a bridge Mr. JOHNSTON, of Indiana. 1\fr. Chairman, the Wabash River bas across the Missouri River near or in the vicinity of Chamberlain, in ~he long been recognized as an important stream. There have been some Territory of Dakota. · · small improYements made upon it, and it is proposed now to expend The message also announced that the Senate had pa.ssed bills of the $80,000 upon the river. Most, or all,. of that amount~ to be ex~nd~d following titles; in which the concurrence of the House was requested: where the river forms the boundary line between Indtana and illm01s, A 'bill (S. 1101) to provide for allotments of lands in severalty to the cuttinO' off the portion of the river which is in the State of ID.diana. Indians residing upon the Round Valley reservation, in the State of There ~e now several boats upon that part of it, plying between At­ California, and granting patents therefor, and for ot):ter purposes; and tica, Terre Haute, and Vincennes, and I merely ask that this amount A bill (S. 1937) authorizing the city of Salem to construct a bridge be appropriated to improve the navigation there. across the Willamette River, in the State of Oregon. Mr. HENDERSON, of lllinois. 1\Ir. Chairman, the Committee on And then, on motion of Mr. WILLIS (at 5 o'clock and 45 minutes p. Rivers and Harbors have followed strictly the report of the engineers m.), the House 3Pjourned. in this case, which recommends that there be :po appropriation for this river above the Grand Rapids until the improvement there was .com­ PETITIONS, ETC. pleted. That is the reason that none was reported by the comnnttee. The following petitions and papers were laid on the Clerk's desk, Mr. WILLIS. That is the only reason. under the rule, and referred as follows: The amendment was r~jected. By 1-fr. ATKINSON: Petition of Grange No. 773, of Juniata County, lli. JOHNSTON, ofindiana. :M:r. Chairman, I desire to offer another Pennsylvania, for the passage of a law to suppress imitation dairy prod­ amendment to this paragraph, which I send'to the Clerk's desk. ucts-to the Committee on Agriculture. 'l'he Clerk read as follows: Also, petition of same, protesting against the admission of foreign Amend by inserting after the word "Illinois," in line 920, the following: . "And the further sumof$25,000shall be expended between the GrandRap1ds agricultural products free of duty-to the Oommittee on Ways and and the city of Terre Haute, Ind." - Means. - · By Mr. BARBOUR: Papers relating 'to the claim of Freeman & 1\fr. JOHNSTON, of Indiana. Mr. Chairman, the gentleman from Richardson-to the Committee on Claims. illinois [lli. HENDERSON] makes the point that the committee have By Mr. BARKSDALE: Petition of Dr. W. P. Hughes and others, followed the recommendation of the engineers. Terre Haute is the physicians, of Claiborne County, Mississippi, for appropriations to be best city upon the Wabash River. It is a city of 30,oop inhabitants, used by the National Board of Health to prevent the introduction of with more manufactures, more commerce, and more bus1t1ess than any infectioi:Is diseases· into the United States and to protect ·the public other city upon the rive'r from its source to its mouth. health-to the Committee on Appropiations. · · I do not see any force in the proposition that this river, so important By Mr. BUCHANAN: Petition of Grange No. 8, of New Jersey, for to our commerce, should be compelled to wait for its improvement ~­ the suppression of the manufacture and sale of all imitation dairy til the Grand Rapids can be cleaned out. There are to-day five or SlX products-to the Committ--ee on Agriculture. boats on that river which are hauling the commerce between Terre Also, petition of same, against the admission, free of duty, of all ag­ Haute and Vincennes, yet of the amount appropriated in this paragraph ricultural raw materials, such as wool, hides, &c.-to the Committee $12,000 are to be expended at a little town called Grayville,. in the on Ways and Means. State of Illinois in order to straighten the channel and keep It from By 1\Ir. BUNNELL: Petitions of Granges Nos. 74 of Snsquebanna leavinO' the little town upon dry land, and the remaining $68,000 are County, 126, 153, 182, and 336 of Bradford County, Pennsylvania, to be ~xpended upon the Grand Rapids and on the river from that praying for a law to protect them from the adulteration of food, espe­ point to its mouth, leaving. the city of T.erre H~ute, with more co~­ cially butter-to the Committee on Agriculture. all merce than the other cit1es upon the nver, w1thout any appropna­ A..lso, petition of the same, protesting against a reduction of the ~riff tion at all and compelling a section of farming country the finest in on wool, hides, rice, tobacco, jute, raw sugars, &c.-to the Committee - the West to ship its grain by rail, when with an approp1ia.tio.1 of $251 on Ways and Means. 000 at that point the river, after this appropriation of 58J,OOO shall Also, petition of James Sturdevant and 10 affidavits to accompany have been expended, will be open from Terre Haute to the Ohio. I in­ House bill granting sttid James Stnrden}nt a pension-to the Qommit­ sist in all candor upon this amendment. tee on Invalid Pensions. 1\fr. 'VILLIS. I willsaytomyfriendfromindianatbatthereason the By M:r. BURROWS: Petition in favor of woman suffrage-to the committee did not allow the appropriation he proposes was that it was Committee on the Judiciary. not asked for by the engineers. The engineers stated to us that the By Mr. BUTTERWORTH: Petition of the Chamber of CommeJICe of · first improvement- to be made there was upon this work on the lock Cincinnati, Ohio, against the constructiun of a bridge across the Ohio and dams· that until this was done no further improvement should River at Cairo-to the Committee on Commerce. be made.' We did report in favor of the expenditure of $12,000 at By Ur. J. M. CA1tfPBELL: Petition of Grange No. 791, of Pennsyl­ Grayville because the engineer asked it. We follow the engineers, so v::mia, asking for such. legislation as will suppress the manufacture and far as we ~n, when ever they give us proper information on these points. sale of all imitation dairy products-to the Committee on Agriculture. Mr. JOHNSTON, of Indiana. · Then, if I understand the gentleman A.lso petition ol-same, asking that the proposed tariff bill be amended ariO'ht we bad better relieve the Committee on Rivers and Harbors so as u;·afford wool and other agricultural products the same protection fro~ dny further labor and Jet the engineers attend to this whole busi­ that is accorded to other industries-to the Committee on Ways and ness. I am here asking this appropriation. If the committee is to be Means. · controlled by the estimate of the engineer, thus settirig up a" one-man By Mr. ERMENTROUT: Memorial of Traders and Travelers' Union, power " what is the use of having thirteen or :fifteen men appointed as for the passage of H. R. 1621-to the Oommitte~:m Commerce. a comtiuttee to look after the interests of the people in these matters? Also, memorial of HenryS. Eckert, president of Farmers' National Mr. WILLIS. I am ready to submit the question to the Committee Bank, of Reading, Pa., for issuance of national banking bonds-to the of the Whole. Committee on Banking and Currency. Mr. HENDERSO~, of illinois. I wish to make a single remark. lly Mr. EVERHART: Memorial of Grange No. 114, Patrons of Hns­ The gentleman from Indiana speaks of the city of Terre Haute, with bandry, asking for a law against the sale of imitation dairy products­ its population of 30,000 and its commerce. I wish to say to him that to the Committee on Agriculture. Terre Haute and its people are more interested in this impr?vementat Also, memorial of Grange No. 114, Patrons of Husbandry, protesting Grand Rapids than in ~ny other that can be made on that nver. against admitting free of duty the raw products of agriculture-to the The question being taken on the amendment of Mr. JOHNSTON, of In- Committee on Ways and Means. diana, there were-ayes 30, noes 47. By M:r. FLEEGER: Memorial of Granges No. 263 and No. 694, of 1\fr. JOHNSTON, of Indiana, and Mr. BEACH. No quorum. Pennsylvania, asking for the pass~ge of bill t~ protect the dairy inter­ Mr. WILLIS. I move that the committee rise. ests of the country-to the Comm1ttee on Agnculture. The motion was agreed to. Also, p:1emorials of the same, P.rotesting aga~t legislation favo~g 'l'he committee accordingly rose; and Mr. SPRINGER having taken the admission to our ports free of duty of all agncult:uml raw ~atena.I, the chair as Spea.kerpro tempore, Mr.l\IcMILLIN r~ported ~t the Com­ such as wool, bides, raw sugars, tobacco, ~·,and. asking for agncnl.ture mittee of the Whole House on tbe state of the Umon, havrnghad under the same protection that is afforded other rndustncs-to the Comm1ttee consideration the river and harbor appropriation bill, bad come to no on Ways and .Means. . resolution tbereon. By Mr. H.A..RMER: Petition of Edward E. Stone, Umted States l\f:ESSAGE FROl\f THE SENATE. Navy to be placed on the retired-list of the Navy with rank andre­ A message from the Senate, by Mr. McCooK, its Secretary, announced tired pay of captain-tl..' t.he Committee on Naval Affairs. - . ' 1886. CONGRESSIONAL RECORD-SENATE. 3911

By .Mr. HENLEY: Petition of Markus Munz, of Lake County, Cali­ HOUSE BILL REFERRED. fornia, for reference of his claim to the Court of Cl8ims-to the Com­ The bill (H. R. 4629) for the relief of Levi Jones was read twice by mittee on War Claims. its title, and referred to the Committee on Military Affairs. By Mr. McCREARY: Petition of Joseph Bostin for invalid pension-:­ to the Committee on Invalid Pensions. FLORIDA LANDS-PERSONAL EXPLANATION.· By Mr. McRAE: Petition of Hon. James H. Askew and 45 others, Mr. CALL. Mr. President, I have in my hand a letter from M:r. L. L. citizens of Columbia County, Arkansas, asking for the opening of Okla­ Bristow, of Lakela,nd, Fla., a gentleman of character and influence and homa country-to the Committee on the Territories. · a lawyer of reputation and C.'l>pacity, in the nature of a petition relating By Mr. NEAL: Petition of Samuel Mysinger, of Hamilton County, to legislation required with reference to public lands of the United States Tennessee, asking pay for supplies, &c., furnished to and used by the in the State of Florida. Mr. Bristow states that in the event of the United States Army during the late war-to the Committee on War land not being forfeited the settlers will be at the mercy of the rail­ Claims. . road corporation, and while the settlers are a.fraid to petition Congress By Mr. NORWOOD: Petition for the passage of the Blair bill-to the for their homes that the company have employed Judge White, late Committee on Education. . State land commissioner, to go throughout South Florida in the region By Mr. J. J. O'NEILL: Memorial of the Monumental Literary and of this grant and circulate petitions asking for an extension for twelve Scientific Association of Baltimore, urging the pa&sage of Senate bill194 months longer. [See appendix for letter.] to aid in the establishment and temporary support of common schools I move the reference of this paper to the Committee on Public Lands. in the United States and Territories and the District of Columbia-to The motion was agreed to. the same committee. l'tfr. CALL. Before I take my seat, in connection with this subject. By Mr. RANDALL: Uemorial of Grange No. 41, Patrons of Hus­ I desire as a matter of personal privilege to make reference to a statement ba.D.dry, of Pennsylvania, praying Congress not t&put wool on the free­ alleged to have been made by the receiver of the United States court list-to the Committee on Ways and Means. in Jacksonville, Fla., of the insolvent corporation which claims this Also, memorial of the same, praying for such legislation as will pre­ grant and protests against its forfeiture. In reference to a. speech re­ Tent the manufacture and sale of imitation dairy products-to the Com­ cently made by me in the Senate of the United States urging the pas­ mittee on Agriculture. sage of a bill for the forfeiture of this.grant, with a clause for the protec­ By Mr. ST. MARTIN: Memorial and doroments of James E. Chaffee, tion of ~tual settlers to the extent of 160 acres of land, n.nd that the .to accompany House bill 8172-to the Committee on Invalid Pensions. -remainder should be open to homestead entrybycitizens of the United By Mr. W. J. STONE, of Kentucky: Papers relating to the case of States, the Jacksonville Morning News of23dApril,published at Jack­ :Mrs. Belle M. Baker, for relief-to the 8\l'me committee. sonville, Fla., containsanalleged interview with Mr. Duval, the receiver, Also, paper asking relief for Rachael and Cora Lankford-to the same which I now read. [See appendix for article.] committee. The cause for this attack of Senator CALL could only be interpreted in ofle way. It was not State patriotism, for the honorable gentleman must know that By Mr. S:WOPE: MemorialofGrangeNo. 720t of Pennsylvania., ask­ it was not beneficial to a State or its people to place everything at the mercy of ing legislation to suppress the manufacture ana sale of all imitation any one corporation. This was precisely what Senator CALL would do, as, if the dairy products-to the Committee on Agriculture. FloridaRaihvay and Navigation Company was shut out of further extensions in South Florida, it left the people of that country at the mercy of the Plant Also, memorial of the same, protesting against the admission, free of system, and they could keep up or fi.x any rate they chose. duty, of all agricultural raw material, &c.-to the Committee on Ways It was the appearance of surveyors and workmen in tbe field, commencing a and Means. . line By Mr. ZACH. TAYLOR: Petition of A. J. Wiglesworth, of Fayette FROM JIULLEN TO JESUP, thus attacking the Savannah, Florida and Western and the Plant syndicate in County, Tennessee, asking that his war claim be referred to the Court their stronghold and making them feel that their monopoly would soon be of Claims-to the Committee on War Claims. ended, that brought about this latter attack, and of this fact Mr. Duval was cer­ By Mr. WILSON: Petition of John T. Harrole, of Franklin, Pendle­ tain. . 1\lr. Duval thinks that it is solely to the necessities of the Plant syndicate that ton County, West Virginia, for reference of his war claim to the Court the action of the Sens.tor can be attributed. He was certain that that syndicate of Claims-to the same committee. was at the back of the whole of it. He knew from a citizen that Senator CALL By Mr. WISE: Papers relating to.the claim of E. B. Moon, execu­ had said that he must pursue this line of action, as he had no money and needed tor of Parkham Moon, of Halifax County, Virginia-to the same cem­ it. When Mr. CALL left liere be was in mittee. VEBY PINCHED CIRCUMSTUCES; now he was building a fine residence in Washington. This was plain sailing Also, petition of executor of Parkham Moon, for reference of his for posted ones. There could be only one construction put upon the matter. claim to the Court of Claims-to the same committee. But l\1r. Duval did not propose to say a great deal about the matter. He who By l't!r. WHEELER: Petition of James L. Wilborne, administrator handles pitch must become defiled. Any one could take up the State papers from all points where his road ran, and read expressions of good-will and hopes of Elias Wilborne, for reference of war claim to the Court of Claims­ for the road, also the items concerning the improvements of all sorts, Much as to the same committee. laying of steel rails, new side tracks, depots, &c., all tending to build up a coun­ Also, papers relating to the claim of James P. Oakley, and of John try. These were in direct opposition to the actions of Senator CALL, which wero S. l'tforrow, of Lauderdale County, Alabama--to the same committee. calculated to injure, not benefit, a State. ByMr.A. C. WHITE: Petition of Grange No. 313, of Pennsylvania, Mr. President, I desire to say in my place ~ the Senate that this in favor of passage of bill to protect dairy interests-to the Committee statement, so far as it relates to me personally, is an absolute falsehood, on Agriculture. a foul slander, and if it emanates, as it is alleged to do, from an officer of Also, memorial of same, against the importation of free raw material the United States court it deserves the consideration of the Senate as and reduction of tariff on wool-to the Committee on Ways and 1\feans. to how far the courts of the United States may be allowed to permit The following petitions, praying Congress for the enadment of a law their officers falsely, maliciously, wickedly, without any ground or pre­ requiring scientific temperance instruction in the public schools of the tense of reason or truth, to circulate libelous and false statements in re­ District of Columbia, in the Territories, and in the Military and Naval gard to Senators performing their official duty here. If the law of crlmi­ Academies, the Indian and colored schools supported wholly or in-part nallibel within the limits of a State does not adequately cover such cases by money from the national Treasury, were presented and severally there should be some means by which the courts of the United States referred to the Committee on Education: -shall be prevented from allowing such false and malicious libels as this By Mr. BUCK: Of citizens of Hartford County, Connecticut. alleged interview contains and for the prompt dismissal of such persons By Mr. "GROSVENOR: Of citizens of Athens County, Ohio. as may be guilty of tiem. I hope this alleged interview is not true. By Mr. LAIRD: Of Rev. H. A. Fitch and 107 others, citizens ofNe­ I treated this receiver as an honorable man and a gentleman in my re­ brn.ska. marks a few days since. I should regret to think that any man claim­ By Mr. STEELE: Of citizens of Jay and Adams Counties, Indiana. i,ng any degree of respect or consideration could be guilty of such an infamous act. · To the end that this foul charge and its authors may be exposed to the contempt of all honest and truthful pel'Sons I make this statement SENATE. of facts: I am not building a fine residence i.1;1 Washington; and in order that WEDNESDAY, April28, 1886. the fact may be known in all places where this false and foullibel which Prayer by the Chaplain, Rev. J. G: BUTLER, D. D. has been perpetrated on me will reach, I desire to say that for many The Journal of yesterday's proceedings was read and approved. years a person standing in a near relation to me has had property in the hands of a trustee, Hon. James M. Baker, judge of the circuit court and NEW MEXICO LAND CLAIM. formerly of the supreme courtoftheState of Florida., who, with his suc­ The PRESIDENT pro tempore laid before the Senate a communica­ cessor in that trust, has decided to change an ?-nvestment of a portion tion from the Secretary of the Interior, transmitting reports of the for­ of that propertY into a modest residence in Washington. This trustee mer surveyor·general and the present surveyor-general of New Mexico in whom the title is and his successor, and Ur. D. G. Ambler, the pres­ in the matter of the alleged private land claim in that Territory desig­ ident of the national bank in Jacksonville, and a distinguished attorney nated as the Santa Tomas de Ytnrbide colony claim, No. 139; which, of that bar, Mr. J. J. Daniels, and an associate, are the persons who have with the accompanying papers, was referred to the Committee on Pri­ been engaged in this transaction, with which I have no other connec­ vate Land Claims, and ordered to be printed. tion than this, and the newspapers here, without knowledge of the facts,