1886. CONGRESSIONAL RECORD-HOUSE. 285

and State of illinois, in the place of George W. Chrysup, whose com­ To Mr. WALLACE, until after the holidays, on account of importan~ mission expired December 12, 1886. business John D. Sourwine, to be postmaster at Brazil, in the county of Clay To Mr. FLEEGER, for ten days, on account of important business. and State of Indiana, in the place of Thomas U. Robertson, resigned, To Mr. BAYNE, indefinitely, on account of important business. to take effect December 31, 1886. To Mr. PETERS, for this day. Charles W. Timmonds, to be postmaster at Hartford City, in the To Mr. MILLARD, for one week, on account of sickness in his family. county of Blackford and State of Indiana, in the place of John M. WITHDRAW .AL OF PAPERS. Ruckman, whose commission expires December 28, 1886. On motion of Mr. BUCHANAN, by unanimous consent, leave was Edith Love, to be postmaster at Wellington, in the county of Sumner granted to withdraw from the files of the House papers in the case of and State of Kansas, in the place of Thomas R. Love, deceased. William S. Stryker, without leaving copies, there being no adverse re- Mary McAtee, to be postmaster at Bardstown, in the county of Nel­ port. ·. son and State of Kentucky, in the place of Bernard Goldrick, resigned, to take effect January 1, 1887. RETURN OF BILL FROY THE SENATE. Henry L. Kilgore, to be postmaster at Belfast, in the county of Waldo The SPEAKER. There was a clerical error in the bill (S. 54) which and State of Maine, in the place of Andrew D. Bean, whose commission passed the House recently; and, if there be no objection, the re...QQlntion expires December 20, 1886. which the Clerk will now report will be adopted. Thomas F. Gorman, to be postmaster at Whitinsville, in the county The Clerk read as follows: of Worcester and State of Massachusetts, in the place of Orrin Wade, Resolved, That the Olerk of the House be directed to request the Senate tore­ turn to the House the bill (S. 54) to provide for the allotment of lands in severalty deceased. to Indians on the various reservations, and to extend the protection of the laws Richard Welsh, to be postmaster at Annapolis, in the county of Anne of the United States and the Territoriesoverthelndians, a.ndforotherpurposes. Arundel and State of Maryland, in the place of William T. Iglehart, Mr. RYAN. What is the bill to which reference is made in that deceased. resolution ? · Lemuel G. Eblen, to be postmaster at West Plains, in the county of The SPEAKER. To the bill (S. 54); and the object is to correct n. Howell and State of Missouri, in the plaee of Samuel J. Risley, resigned. clerical error. William P. Ainsley, to be postmaster at Williamston, in the county Mr. RYAN. I have no objection. of Ingham and State of Michigan, in the place of Daniel S. Crossman, The resolution was agreed to. resigned. . John ?t!. Mathewson, to be postmaster at Lowell, in the county of PUBLIC BUILDIKG, CHARLESTON t S. C. Kent and State of Michigan, in the place of Milton M. Perry, whose :Mr. DIBBLE. Mr. Speaker, I ask unanimous consent to discharge commission expires December 20, 1886. the Committee of t.he Whole from the further consideration of the bill Samuel R. Robinson, to be postmaster at White Pigeon, in the county (H. R. 10051), and put it upon it':'! passage. of Saint Joseph and State of Michigan, in the place of Theodore E. The SPEAKER. The bill will be read, subject to objection. Clapp, whose commission expires December 20, 1886. Mr. DIBBLE.· Tl!.is is the same bill that was read on Saturday. It Uriel M. Tobey, to be postmaster at Sauk Centre, in the county of provides for the erection of a public building in Charleston, S. C. Stearns and State of Minnesota, in the place of Charles F. Hendryx, 1\fr. BLISS. I object. whose commission expired December 12, 1886. Mr. MILLS. I demand the regular order. James W. Carson, to be postmaster at Edgar, in the county of Clay_ PUBLIC BUILDING, SPRINGFIELD, 1\IASS. and State of Nebraska, in the place of Milton J'_ Hull, resigned, to take Mr. WILKINS. Mr. Speaker, I wish to submit a priviled report effect December 31, 1886. from a committee of conference. Elijah Ratnour, to be postmaster at Weeping Water, in the county The SPEAKER. The Clerk will read the report. of Cass and State of Nebraska, in the place of Eugene L. Reed, resigned. The Clerk read as follows: Francis H. Demarest, to be postmaster at Englewood, in the county The committee of conference on the disagreeing vo~ of the two Houses on of Bergen and State of New Jersey, in the pla-ce of Charles Barr, jr., the amendments of the House to the bill (S. 263) providing for the erection of whose commission expired December 13, 1886. a public building at Springfield, Mass., having met, after full and free confer­ ence have agreed to recommend, and do recommend, to their respective Houses, Joseph T. Matthews, to be postmaster at Orange Valley, in the county as follows: of Essex and State of New Jersey, in the place of John L. Yatman, That the House recede from its amendment numbered 1. whose commission expired December 13, 1886. That the Senat~ recede from its disagreement to the amendment of the House numbered 2, and agree to the same with an amendment, as follows: James M. Holton, to be postmaster at Brighton, in the county of Strike out" twent.y-th·e" n.nd insert" .fifty." :Monroe and State of New York, in the place of Otto R. Miller, deceased. BERIA.H WILKINS. Robert T. Abraham, to be postmaster at East Liverpool, in thecounty NICHOLAS E. WORTHINGTO~, FRANCIS W. ROCKWELL, of Columbiana and State of Ohio, in the place of Harry H. Surls, whose Mana,gtrs on the pa1·t of the Ho use. commission expires December 20, 1886. ·• WILLlAl\1 MAHONE, Samuel W. McFarland, to be postmaster at Wapakoneta, in the comity HENRY L. DAWES, of Auglaize and State of Ohio, in the place of David J. Davis, whose · Managers on the pa1·t of the Senate. commission expires December 20, 1886. The statement accompanying the report was read, as follows: C. S. Vorwerk, to be postmaster at Lorain, ill the county of Lorain Detailed statement to accompany the report of the committ-ee of conference on and State of Ohio, in the place of Thaddeus W. Fancher, whose com­ the disagreeing >otes of the two Houses to bill (S. 263) being an act providing mission expires December 28, 1886. for the erection of a. public building at Springfield, Mass.: The amendment No. I, from which the House recedes, was to reduce the Daniel M. Donehoo, to be postmaster at Beaver, in the county of amount named in the bill from $150,000 to $125,000. Beaver and State of Pennsylvania, in the place of Mary E. Imbrie, re­ The amendment No.2, from which the Senate recedes, is the usual provision signed. placed on House bills reported by the Committee on Public Buildings and Grounds, providing that the site shall not be purchased until estimat-es for the B. F. Church, to be postmaster at Calvert, in the county of Robert­ erection of a building, &c., shall have been approved by the Secretary of the son and State of Texas, in the placeofTimothyJ. McHugh, whose com­ Treasury, and that no purchase or plan shall be approved involving an ex­ mission expired December 12, 1886. penditure exceeding the sum limited. Charles B. Pegues, to be postmaster at Paris, in the county of La­ The report was agreed to. . mar and State of Texas, in place of James T. Craigs, resigned, to take Mr. WILKINS moved to reconsider the vote by which the report of effect not later than December 31, 1886. the committee of c:mference was agreed to; and also moved that the D. H. Randolph, to be postmaster at Laredo, in the county of Webb motion to reconsider be laid on the table. and State of Texas, in the place of Hanson .A.. Burbank, whose com­ The latter motion was agreed to. mission expired December 12, 1886. ISSUE OF TREASURY NOTES, ETC. George W. Levis, to be postmaster at Black River Falls, in the county of JacksonandSta.teofWisconsin, in the place of John Parsons, whose Mr. WILKINS. I desire also to present a privileged report from the commission expires December 20, 1886. Committee on Banking and Currency. Tbe SPEAKER. The Clerk will read the report. The Clerk read as follows: The Committee on Banking and Currency, having had under consideration a HOUSE OF REPRESENTATIVES. resolution introduced by :Mr. WEAVER, of Iowa, and referred to this committ-ee December 13, 1886, report the same ba{)k with the accompanying substitute and recommend the passage of the same, and that the original resolution lie on the MONDAY, December 20, 1886. table. The House met at 12 o'clock m. Prayer by the ChapL'l.in, Rev. W. The substitute was read, as follows: H. MILBURN, D. D. Be it 1·esolued by the House of Representatives, That the Secretary of the Treas­ The Journal of the proceedings of Saturday last was read and ap­ ury be, and he is hereby, directed to report to this House as soon as possible- First. Whether any portion of the money appropriated by the a.ct approved proved. August 4, 1S86, known as the sundry civil appropriation act, has been expended LEAVE OF ABSENCE. in issuing Treasury notes of large denomination in lieu of notes of small de­ nominations canceled or retired; and whether any other money belonging to By unanimous consent leave of absence was granted as follows: the Government of the United States has been expended for such purpose since ToUr. DoCKERY, indefinitely, on account of important business. .August 4, 1886•

._ 286 CONGRESSIONAL REOORD-ffQUSE. DECEMBER 20,

Second. How many, if any, one and two dollar notes have been canceled and destroyed since the passage of said act, by what authority said notes were de­ JAMES M. GARVIN. stroyed, and what sum has been expended in their destruction. Mr. TOWNSHEND also introduced a bill (H. R. 10254) granting a - Third. How ronny, if any, of said notes canceled and destroyed were muti- · lated notes; and whether notes of !ike denominations were issued in their pension to James M. Garvin; which was read a :first and second time, stead. referred to the Committee on Invalid Pensions, and ordered to be printed. :Mr. WEAVER, of Iowa. I wish to make an inquiry of the gentle­ NEW YORK NATIONAL BANK .ASSOCIATIONS. man who ha.s reported this resolution. I believe the resolution re­ ported is identical with the one introduced by .myself except that the Mr. TOWNSHEND also submitted the following resolution, which preamble is omitted. was read: Mr. WILKINS. !tis. Resolved, That the Secretary of the Treasury be, and he is hereby1 requested to ascertain whether any national .bank association located in the c1ty of New Mr. WEAVER, of Iowa. That is satisfactory. York has, during the present month, loaned its surplus money or deposits to The SPEAKER. If there be no objection, the original resolution brokers or other persons operating in stocks and bonds, without security and will lie on the table. merely upon the receipt of interest on the same, for the purpose of enabling speculators to lock up and prevent the use of money in business transactions, There was no objection. and thereby produce a scarcity of money and greatly increase the rates of in· The substitute reported by the Committee on Banking and Currency terest on loans. And also whether during said period any of said banks, for the was agreed to. puiposes aforesaid, knowingly permitted the total liability of any person, com­ pany, corporation, or firm to exceed the amount limited by the statute in such :Mr. WILKINS moved to reconsider the vote by which the resolu­ cases; and that the said Secretary report all the facts to this House as soon as tion was agreed to; and also moved that the motion to reconsider be practicable, with such recommendations as he may deem proper. laid on the table. Mr. TOWNSHEND. I ask that that resolution be referred to the The latter motion was agreed to. Committee on Banking and Currency. I think it goes there under the ORDER OF BUSINESS. rule. The SPEAKER. The regular order, which bas been demanded, is The SPEAKER. The Committee on Banking and Currency is the the call of the States and Territories for the introduction and reference appropriate committee. of bills and joint resolutions. Under this call petitions and memorials The resolution was referred to the Committee on Banking and Cur­ from State and Territorial Legislatures are also in order for reference rency. to appropriate committees, and also resolutions of inquiry addressed to RELIEF OF RETIRED N .AVY OFFICERS. the heads of departments. Mr. THOMAS, of illinois, introduced a bill (H. R. 10255) for the relief l\IILITARY TELEGRAPH LINE IN CALIFORNIA. of certain officers on the retired list of the Navy, and for other purposes; Mr. MORROW introduced a bill (H. R. 102'13) for the construction which was read a first and second time, referred to the Committee on of a military telegraph line from San Francisco, Cal., to Point Reyes, Naval Affairs, and ordered to be printed. Cal., via Point San Jose, California; which was read a first and second DANIEL T.A.NNER. time, referred to the Committee on Military Affairs, and ordered to be Jrir. WORTHINGTON introduced a bill (H. R. 10256) granting a printed. ' pension to Daniel Tanner; which was read a :first and second time, re­ WILLI.Al\I E. WHEELER. ferred to the Committee on Invalid Pensions, and ordered to be printed. :. 1 Mr. SYMES introduced a bill (H. R. 10244) for the relief of William ' SECTION 3287 -REVISED STATUTES. E. Wheeler; ·which was read a first and second time, referred to the Mr. WORTHINGTON a1so introduced a bill (H. R. 10257) to further Committee on Invalid Pensions, and ordered to be printed. amend section 3287 of the Revised Statutes of the United States; which ERASTUS S. JOSLYN. was read a first and second time, referred to the Committee on Ways Mr. SYMES also introduced a bill (H. R. 10245) for the relief of and Means, and ordered to be printed. Erastus S. Joslyn; which was read a first and second time, referred to JOHN K. LEBARON. the Committee on Claims, and ordered to be printed. Air. HOPKINS introduced a bill (H. R.10258) for the relief of John EDW.ARD RICE. K. LeBaron; which was read a first and second time, referred to the :Mr. SYME.c:; also introduced a bill (H. R. 10246) for the relief of Ed­ Committee on Claims, and ordered to be printed. ward Rice; which was read a first and second time, referred to the Com­ J.A.MES R. TRUE. mittee on Banking and Currency, and ordered to be printed. :Mr. HITT introduced a bill (H. R. 10259) to grant a pension to ::t\mS. MARY JANE CASE. James R. True, late private Company H, Seventy-fourth J1.lmoiB Vol­ Mr. WAIT introduced a bill (H. R. 10247) granting a pension to Mrs. unteers; which was read a first and second time, referred to the Com­ Mary Jane Ca.se, widow of David Case; which was read a first and sec­ mittee on Invalid Pensions, and ordered to be printed. ond time, referred to the Committee on Invali41. Pensions, and ordered I EZRA .A • BRISTOL. to be printed. Mr. LOWRY introduced a bill (H. R. 10260) grnnti.ng a pension. to PUBLIC BUILDING .AT NEW CASTLE, DEL. Ezra A. Bristol, Company E, Sixth Missouri Volunteer Infantry; which 1\Ir. LORE introduced a bill (H. R. 10248) for a new public build­ was read a first and second time, referred to the Committee on Invalid ing at the city of New Castle, State of Delaware; which was read a Pensions, and ordered to be printed. first and second time, referred to the Committee on Public Buildings PUBLIC LAND GRANTS. and Grounds, and m:dered to be printed. · Air. LYMAN introduced a bill (H. R. 10261) in relation to grants of SEVENTH LIGHT-HOUSE DISTRICT. public lands by the United States to aid in the construction of railroads; Mr. DAVIDSON, of Florida, introduced a bill (H. R. 10249) mak­ which was read a first and second time, referred to the Committee on ing an appropriation for the establishment of a new supply and buoy Public Lands, and ordered to be printed. depot for the seventh light-bouse district at Key West, Fla.; which LAWRENCE O'CONNER. was read a first and second time, referred to the Committee on Appro­ Mr. AIDRPHY introduced a bill (H. R. 10262) granting a pension to priations, and ordered to be printed. Lawrence O'Conner; which was read a first and second time, referred COUNTERFEITING. to the Committee on Invalid Pensions, and ordered to be printed. Mr. TOWNSHEND introduced a bill (H. R. 10250) to punish hav­ JESSE W. ELLIS. ing in possession dies, &c., for counterfeiting coins; which was read a Mr. AfURPHY also introduced a bill (H. R. 10263) granting a pen­ first and second time, referred to the Committee on the Judiciary, and sion to Jesse W. Ellis; which was read afirstand second time, referred ordered to be printed. to the Committee on Invalid Pensions, and ordered to be printed. INTERN.AL-REVENUE L.A WS. WILLIAM H. DE FREEST. _ Mr. TOWNSHEND also introduced a bill (H. R. 10251) to amend. Mr. MURPHY also introduced a bill (H. R. 10264) directing the section' 3242 of the Revised Statutes re~ti.ng to the internal-revenue Secretary of War to amend the record of William H. De Freest; which laws; which was read a first and seCQnd time, referred to the Committee was read a :first and second time, referred to the Committee onAiilitary on the Judiciary, and ordered to be printed. .Affairs, and ordered to be printed. BRIBERY .AT ELECTIONS. WILLIAM H. TERRY. Mr. TOWNSHEND also introduced a bill (H. R. 10252) to punish Mr. MURPHY also introduced a bill (H. R. 10265) granting a pen­ bribery, &c., in elections; which was read a first and second tinie, re­ sion to William H. Terry; which was read a first and second time, re­ ferred to the Committee on the Judiciary, and ordered to be printed. ferred to the Committee on Invalid Pensions, and ordered to be printed. P .ASSING OF CONFEDERATE MONEY. HOSPITAL, ROCK ISLAND .ARSEN.AL. Mr. TOWNSHEND alsointroduced.a bill (H. R. 10253) for punishing Mr. MURPHY also introduced a bill (H. R. 10266) for the construc­ the passing of confederate money as true and genuine United States tion of a suitable building for a hospital at the Rock Island Arsenal; obligations; which was read a first and second time, referred to the which was read a first and second time, referred to the Committee on Committee on the Judiciary, and ord~red to be printed. Public Buildings and Grounds, and ordered to be printed. · 1886. CONGRESSIONAL RECORD-HOUSE. 287 ·

LAZABUS SPENCE. Whereas it has been stated that said advancements of interest were made for the purpose of affecting the market value of certain stocks in the markets of Mr. FUNSTON introduced a bill (H. R. 10267) for the relief of Laz­ Wall street: Therefore, arus Spence; which was read a first and second time, referred to the .Re8olved, That the Secretary of the Treasury be, and he is hereby, requested to inform the House ifsuch interests have been so paid, and if so, why and by what Committee on War Claims, and ordered to be printed. authority. CLAIMS FOR .ADDITIONAL BOUNTY. ELLA A. WARD. Mr. RYAN introduced a bill (H. R.10268) to extend the time for filing Mr. TAULBEE (by requeSt) also introduced the following resolution; claims for additional bounty under the act of July 28, 1886, which ex­ which was referred-to the Committee on Accounts: pired by limitation on July 1,1880, until July 1, 1890; which was read Resolved, That the Clerk of this House be, and is hereby, directed to pay out of a first and second time, referred to the Committee on War Claims, and the contingent fund ·of the House to Ella A. Ward, the daughter of Anna E. Ward, late an employe of this House, a sum equal to her salary for six months, ordered to be printed. and also the expenses attending her last sickness and funeral, not to exceed the MONUMENT TO NEGRO SOLDIERS .AND SAILORS. sum of $9...50. Mr. RYAN aJso introduced a bill (H. R. 10269) making appropria­ MACHINERY FOR EXTRACTION OF CANE-JUICE. tion of $100,000 for the erection of a monument to the negro soldiers Mr. GAY introduced a bill (H. R. 10279) to admit free of duty ma­ and sailors who gave their, lives for the ·preservation of the Govern­ chinery, fixtures, &c., for the extraction of cane~juice and the manu­ ment; which was read a first and second time, referred to the Commit­ facture of sugar by the plan of diffusion; which was read a first and sec­ tee on Library, and ordered to be printed. ond time, referred to the Commit~ on Ways and Means, and ordere9. to JOHANNA TREW. be printed. Mr. RYAN also introduced a. bill (H. R. 10270) granting a pension E~IPL-QYEs AT NEW ORLEANS SUBTREASURY, ETC. to Johanna Trew, widow of Daniel Trew, late of Company-, Tenth J.Ir. GAY also introduced a bill (H. R. 10280} to fix the salaries of Regiment Kansas Volunteers; which was read afirstand second time, the officers and employes of the subtreasury and the branch of the referred to the Committee on Invalid Pensions, and ordered to be United States mint at New Orleans; which was read a first and second printed. time, referred to the Committee on Expenditures in the Treasury De­ GRANT OF PUBJ:.IC LANDS TO K.A.NSAS. partment, and ordered to be printed. :Mr. ANDERSON, of Kansas, offeredajointresolntion (H. Res. 227) OZIAS B. COTTON. to authorize the Secretary of the Interior to certify lands to the State Mr. DINGLEY introduced a bill (H. R. 10281) granting a pension to of Kansas for the benefit of agriculture and the mechanic arts; which Ozias B. Cotton; which was read a first and second time, referred to was read a first and second time, referred to the Committee on the Pub­ the Committee on Invalid Pensions, and ordered to be printed. lic Lands, and ordered to be printed. NATIONAL HOME FOX DISABLED SOLDIERS. JESSE W. WILLIAMS. Mr. DINGLEY also introduced a bill (H. R. 10282) to protect the Mr. PETERS (by Mr. PERKINS) introduced a bill (H. R. 10271) inp1ates of the National Home for Disabled Soldiers; which was read granting a pension to Jesse W. Williams; which was read a first and a first and second time, referred to the Committee on Military Affairs, second time, referred to the Committee on Invalid Pensions, and ordered and ordered to be printed. to be printed. NAVAL HOSPITAL AND SA..NITAB.IUM. NANCY HALEY. !Ir. PETEBS also (by Mr. PERKINs) introduced a bill (H. R. 10272) · !Ir. DINGLEY also introduced a bill (H. R. 10283) to establish a permanent naval quarantine hospital and sanitarium; which was read granting a pension to Nancy Haley; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be a first and second time, referred to the Committee on Naval Affairs, printed: and ordered to be printed. MARTHA J. HUNT. SHIP-BUILDING ESTABLISHMENTS. Mr. PERKINS introduced a bill (H. R. 10273) for the relief of Mrs. Mr. DINGLEY also introduced the following resolution; which was Martha J. Hunt, Elk City, Kans.; which was read a first and second referred to the Committee on Naval Affairs: time, referred to the Committee on Invalid Pensions, and ordered to Whereas the experience of maritime nations ha.s shown that the possession of numerous well-equipped private ship-building establishments is essential, be printed. not only for the maintenance of a large merchant marine, but also for the con­ JOHN M. GIFFIN. struction of naval vessels and Government transports in the exigency of war; and Mr. PERKINS also introduced an act (H. R. 10274) for the relief of Whereas the founders and the recent defenders of our Government were so .Tohn M.' Giffin, of Olathe, Kans.; which was read a first and second impressed with the importance of this truth that Jefferson, speaking for the time, referred to the Committee on War Claims, and ordered to be former in his celebrated report on commerce, declared that establishments in readiness for ship-bui1ding are indispensable to the protection of our commerce printed. and the defense of our seaboard, and Admiral Porter, speaking for the latter in JACOB S. SHUMAN. his testimony before the Senate Naval Committee of the Forty-eighth Congress, affirmed that, in case of a war with a naval power, "the salvation of the coun­ Mr. WOLFORD introduced a bill (H. R. 10275) to increase the pen­ try would depend upon our private ship-building yards" and "their plant ao­ sion of Capt. JacobS. Shuman, of Company 1\f, Eleventh Ohio Cavalry; cum.ulated during peace," for which reason, he added, we should encourage the which was read a first and second time, referred to the Committee on establishment of such yards by means of favorable Government contracts, as Great Britain has done: Therefore, Invalid Pensions, and ordered to be printed. Resolved, That the Committee on Naval Affairs be instructed to inquire into HIBBARD WILLIAMSON. the expediency Qf authorizing the Secretary of the Navy, in the construction of vessels for the Navy hereafter, to invite proposals for the building of a part of - Mr. TAULBEE introduced a bill (H. R . .10276) for the relief ofHib~ such vessels, on such special terms as will best secure the end sought, by respon­ bard Williamson; which was read a first and second time, referred to sible citizens or companies, who will undertake to establish new iron and steel ship-building establishments at desirable points on our Atlantic, Pa.cific, and the Committee on War Claims, and ordered to be printed. Gulf coasts, and to provide for these establishments such suitable plants as will BARNEY BACK. make them available for the building of iron and steel vessels for the Navy as well as the merchant marine. Mr. TAULBEE introduced a bill (H. R. 10277) for the relief of . Barney Back; which was read a .first and -second time, referred to the CREW OF UNITED STATES STEAMSHIP WYOMING• Committee on War Claims, and ordered to be printed. Mr. RUSK introduced a bill (H. R.10284) for~erelief of the crew of JOSEPH BANKS. the United States steamship Wyoming; which was read a first and second Mr. TAULBEE also introduced a bill (H. R 10278) for the relief of time, referred to the Committee on War Claims, and ordered to be· Joseph Banks; which was read a first and second time, referred to the printed. Committee on War Claims, and ordered to be printed. SILVER COIN AND CERTIFICATES. Mr. FINDLAY introduced a bill (H. R.10285) toprescribetheweight SUBSTITUTES IN TREASURY DEPAB.TMENT. of standard silver for certain coin of the United States, to enlarge the Mr. TAULBEE also introduced the following resolution; which was legal-tender character of the half-dollar, and permit the issue of sil­ referred to the Committee on Reform in the Civil Service: ver certificates upon deposits of the same, and to amend the require­ Resolved, That the Secretary of the Treasury be, aud he is hereby, requested ment oflaw for the purchase and coinage of silver bullion; which was to inform the House whether or not employ~ in the Treasury Department are permitted to employ substitutes to perform their duties at a less rate of com­ read a first and second time, referred to the Committee on Coinage, pensation than is paid to such employes, and the number of such substitutes in Weights, and Measures, and ordered to be printed. such employment, aud the rate of compensation paid them, and the salary of their principals; also the numberofsuchsubstituteson duty during the months ELIZABETH L. NOTT. ~:_eptember and October, 1886, and by what authority suCh employment is ?!fr. LONG introduced a bill (H. R. 10286) granting a pension to Elizabeth L. N ott; which was read a first and second time, referred to ADVANCE PAYMENTS OF BOND INTEREST. the _Committee on Invalid Pensions, and ordered to be printed. Mr. TAULBEE also introduced thefollowingresolntion; which was refen-ed to the Committee on Ways and Means: LEANDER W. GBOCE. Whereas it is stated in the newspapers of the country that the honorable Mr. LONG also introduced a bill (H. R. 10287) for the relief of Le­ Secretary of the Treasury has paid the interest on certain bonded indebtedness ander W. Groce; which was read a. first and second time~ referred to of the United States before said interest was due a.nd without rebate; and the Committee on Military Affairs, and ordered to be printed. • 288 CONGRESSIONAL RECORD-HOUSE. DECEMBER 20,

HEIRS OF CAPT. THOMAS SANFORD. WILLIAM VAN BRUNT. Mr. DAVIS introduced a bill (H. R. 10288) for the relief of the heirs Mr. BUCHANAN introduced a bill (H. R. 10304) granting a pension of Capt.. Thomas Sanford, of Fall River, Mass.; which was read a first to William Van Brunt; which was read a :first and second time, referred and' second time, referred to the Committee on Claims, and ordered to to the Committee on Invalid Pensions, and ordered to be printed. . be printed. COAST DEFENSES, ETC. LAURA 1\I, TOSON. Mr. COX, of New York, introduced a joint resolution (H. Res. 228) Mr. HAYDEN introduced a bill (H. R. 10289) granting a pension to to provide for coast defenses, &c. ; which was read a first and second Laura M. Toson; which was read a first and second time, referred to time, referred to the Committee on Appropriations, and ordered to be the Committee on Invalid Pensions, and ordered to be printed. printed. 1\IARIA B. COPELAND. EXPULSION OF JEWS FROM RUSSIA. Mr. HAYDEN also introduced a bill (H. R. 10290) granting a pen­ Mr. COX, of New York, also submitted the following resolution; sion to Maria B. Copeland; which was read a. first and second time, re­ which was referred to the Committee on Foreign Affairs: ferred to the Committee on Invalid Pensions, and ordered to be printed. .Resol'tled, That the President of the United States, if not incompatible with the public service, communicate to this House all correspondence in the Depart­ OLIVER PASHO. ment of State between that Department and our minister to Russia, or between Mr. HAYDEN also introduced a bill (H. R. 10291) granting a pen­ that minister and the Russian Government, in relation to the conduct of said Russian Government in the treatment or expulsion of S. 1\Iichclbacher, an Ameri­ sion to Oliver Pasho; which was read a. :first and second time, referred can citizen, who was ex.J?6lled ti·om Russia. on account of his being a Hebrew; to the Committee on Invalid Pensions, and ordered to be printed. and, further, that if not mcompo.tible with the public service he communicate all other correspondence in the Department between our Government and that THOMAS CALLAHAN. of Russia in relation to the condition or expulsion of H ebrews who are Ameri­ Mr. ELY introduced a bill (H. R.10292) grantinga.pension to Thomas can citizeus from t.he territory of Russia. Callahan; which was read a first and second time, referred to the Com­ PUBLIC BUILDING, BROOKLYN. mittee on Invalid Pensions, and ordered to be printed. 1\'Ir. CAMPBELL, of New York, introduced a. bill (H. R. 10305) to NANCY J. SEARER. increase the appr:opriation for the public building at Brooklyn; which Mr. ALLEN, of Massachusetts, introduced. a. bill (H. R. 10293) grant­ was read a :first and second time, referred to the Committee on Public ing a. pension to Nancy J. Searer; which was read a first and second Buildings and Grounds, and ordered to be printed. time, referred to the Committee on Invalid Pensions, and ordered to MARGARET 1\IA.DDEN. be printed. :Mr. BELMONT introduced a. bill (H. R. 10306) for the relief of Mar­ ELIZABETH DAVEY. garet Madden; which was read a. :first and second time, referred to the Mr. O'DONNELL introduced a bill (H. R. 10294) for the relief of Committee on Invalid Pensions, and ordered to be printed. Elizabeth Davey; which was read a :first and second time, referred to the Committee on Military Affairs, and ordered to be printed. JOHN M'NULTY. Mr. JAMES intro

DISTRffiUTION OF OFFICIAL REGISTER. Mr. WARNER of Ohio. I move that it be referred to the Commit­ Mr. FARQUHAR introduced a joint resolution (H. Res. 229) pro­ tee on Ways and Means. viding for the distribution of the Official Register of the United States; The motion was agreed to. . which was read a first and second time, referred to the Committee on The bill was accordingly referred to the Committee on Ways and Printing, and ordered to be printed. Means, and ordered to be printed. ANDREW J. LOCKE. JOHN COCKENOUR. Mr. FARQUHAR also introduced a bill (H. R. 10318) for the relief 1\tir. OUTHWAITE introduced a bill (H. R. 10328) granting apen- of Andrew J. Locke; which was read a. first and second time, referred sion to John Cockenour; which was read a first and second time, re- to the Committee on Invalid Pensions, and ordered to be printed. ferred to the Committee on Invalid Pensions, and ordered to be printed. MARY L. CURRIER. HENRY B. HUNTER. Mr. FARQUHAR also introduced a bill (H. R. 10319) for the relief Mr. OUTHWAITE also introduced a bill (H. R. 10329) for the of Mary L. Currier; which was read a first and second time, referred relief of Henry B. Hunter; which was read a first and second time, to the Committee on Invalid Pensions, and ordered to be printed. referred to the Committee on Claims, and ordered to be printed. OVERFLOW OF THE PEE DEE RIVER. ALBERT 1\IUNSELI-. Mr. BENNETT introduced a joint resolution (H. Res. 230) author­ Mr. E. B. TAYLOR introduced a bill (H. R. 10330) granting a pen­ izing the Secretary of War to issue rations for the relief of desti tn te sion to Albert Munsell; which was read a first and second time, re· persons in the district overflowed by the Pee Dee River, and making ferred to the Committee on .Invalid Pensions, and ordered to be printed. an appr.opriation to relieve the sufferers by said overflow; which was EDGAR JONES. read a fu"St and second time, referred to the Committee on Appropria­ 1\Ir. E. B. TAYLOR also introduced a bill (H. R. 10331) granting a tions, and ordered t.o be printed. pension to Edgar Jones; which was read a first and second time, re­ POLLY DAVIS. ferred to the Committee on Invalid Pensions, and ordered to be printed. Mr. BENNETT (by request) also introduced a bill (H. R. 10320) . HARRY M. CARLEY. granting a pension to Polly Davis; which was read ·a first and second 1\Ir. ROMEIS introduced a bill (H. R. 10332) granting a perision to time, referred to the Committee on Invalid Pensions, and ordered to be Harry M. Carley, late of Company A, Twenty-fourth Ohio Volunteers, printed. and Company F, Eighteenth Ohio Volunteers; which was rea a first TENURE-OF-OFFICE ACT. and second time, referred to th~ Committee on Invalid Pensions, and Mr. COX, ofNorth Carolina, submittedaresolutionsettinga.sidethe ordered to be printed. 6th day of next January for the consideration of the bill (S. 512) in re­ OREGON SALMON FISHERY. lation to tenure of office; which was referred to the Committee on Rules. ,Mr. HERMANN submitted the following resolution; which was read, MARY ANN SHOOK. and referred to the Committee on Commerce: Mr. JOHNSTON, of North Carolina, introduced a bill (H. R. 10321) 'Vhereas a. leading industry in the State ·of oregon is the salmon fishery, the granting a pension to l\tlary Ann Shook; which was read a first and value of the export shipments for 1884 being $3,000,000, and embracing 672,350 cases of canned salmon, while the same year the total wheat and flour export; was val­ second time, referred to the Committee on Invalid Pensions, and ordered ued at $5,600 000; and so ·rapidly has this industry grown in value to the State to be printed. · and nation that in capital employed in fisheries Oregon stands eighth in order REPEAL OF INTER..~ AL-REVEN E LAWS. among the States; in persons employed, fifth; and in value of fish products the third in order; and Mr. JOHNSTON, of North Carolina, also. s bmitted a resolution of Whereas it is repm·ted that the propagation, increase, and growth of said fish instruction to the Committee on Ways and Means, to report bill for re­ are greatly retarded by injuries received from imperfect and illy-devisea fish­ ladders, fish-ways, nets, seines, fish-traps, fish-wheels, and other devices, and peal of interilal-revenue Jaws; which was read, and referred to the Com­ often from poisonous matter deposite.d in the navigable streams of said State, mittee on Ways ap.d 1\tieans. · and that great quantities of said fish not matured are caught, killed, molested, and injured by said wasteful methods of capture and unhealthy deposits, thereby CHARLOTI'E PRUITT. depleting the great supply and seriously interfering with the proper m&turing Mr. COWLES introduced a bill (H. R. 10322) granting a pension to of the young fish: Therefore, . Resolved, That the United States Commissioner ofFish and Fisheries be, and he Charlotte Pruitt, dependent mother of Preston Pruitt, late a volunteer is hereby, directed to investigate the methods of fishing pursued in said States, in the United States service; which was read a first and second time, and to ascertain those which are most injurious to the preservation of this indus­ referred to the Committee on Invalid Pensions, and ordered to be try, as well as to the regulations and stringent measures deemed necessary to pre­ vent future waste and wanton destruction ; also to inquire as to the authority and printed. constitutional power of the Government to rekillate and protect; the fish and fish­ PILOT AND CREW OF STEAMER PLANTER. ery interests on navigable waters of the nation, or on any waters forming the Mr. O'HARA introduced a bill (H. R. 10323) for the relief of the pilot boundary between States, or States and Territories, and to report to this House. and crew of the steamer Planter; which was read a first and second ALEXANDER II. SNYDER. time, referred tQ the Committee on War Claims, and ordered to be Mr. HERMANN also introduced a bill (H. R. 10333) providing a printed. pension for Alexander .H. Snyder, of Coos County, S'tate of Oregon, a UNITED STATES BONDS HELD BY NATIONAL BANKS. private in Company D, One hundred and sixty-ninth Ohio Volunteer Infantry in the late war; which was read a first an

Mary E. Davis; which was read a first and second time, referied to the was read a first and second time, referred to the Committee on the Dis- Committee on Invalid Pensions, and ordered to be printed. trict of Columbia, and ordered to be printed. · EDW.A:RD EMERY. FEES OF TERRITORIAL COTIRT OFFICERS. _ Mr. FORD introduced a bill (H. R. 10339) granting a pension to Ed­ :r,rr. DANIEL introduced a bill (H. R. 10351) to extend the net of ward Emery, late of Company D, One hundred and twenty-eighth Regi­ Congress entitled "An act to regulate the fees and costs to be allowed ment Indiana Volunteers; which was read a first and second time, clerks, marshals, and attorneys of the circuit and di trict courts of the referred to the Committee on Invalid Pensions, and ordered to be printed. United States, and for other purposes,'' and approved February 26, 1853, ROBERT DOUGHERTY. and sections 853 and 837 of the Revised Statutes of the United States to the Territories of New 1\fexico and Arizona; which was read a first Mr. BOYLE offered a resolution for the relief of Robert Dougherty; and second time, referred to the Committee on the Territories, and which was read, and referred to the Committee on Accounts. ordered to be printed. JOHN CRONIN. GEORGE W • .ASHLY. 111r. O'NEILL, ofPennsyivania, introduced a bill (H. R. 10340) for the 1\ir. WILSON introduced a bill (H. R. 10352) granting a pension to removal of the charge of desertion from the record of John Cronin, late George W. Ashly; which was read a first and second:time, re1erred to of Company F, Fifth Regiment United States Artillery; which was read the Committee on Invalid Pensions, and ordered to be printed. a first and second time, referred to the Committee on Military Affairs, ANDREW .J. EDGERLY. and ordered to be printed. Mr. BRAGG introduced a bill (H. R. 10353) for the relief of Andrew WILLI.A.M JONES. J. Edgerly; which was read a first and second time, referred to the Mr. SCRANTON (by request) introduced a bill (H. R.1034lj grant­ Committee on Military Affairs, and ordered to be printed. ing a pension to William Jones; which was read a first and second time, REFUND OF IMPORT DUTIES. referred to the Committee on Invalid Pensions, and ordered to be printed. · :Mr. GUENTHER (by M:r. THOMAS, of Wisconsin) introduced a bill CLAIMS REFERRED TO COURT OF CLAIMS. • (H. R. 10354) to refund certain import duties; which was .read a first and second time, referred to the Committee on Ways and Means, and Mr. BINGHAM introduced a joint resolution (H. Res. 231) to refer ordered to be printed. certain claims to the Court of Claims; which was read a first and sec­ ond time, referred to the Committee on Ways and Means, and ordered YANKTOY .Al."'D MISSOURI VALLEY RAILWAY COMPANY. to be printed. Mr. GIFFORD introduced a bill (H. R. 10355) granting the right of REANEY, SOY & ARCHIBOLD. way to the Yankton and Missouri Valley Railway Company through Mr. BINGHAM also introduced a bill (H. R. 10342) for the relief of the Yankton Indian Reservation in Dakota; which was read a firstand Reaney, Son & Archibold; which was read a first and second time, re­ second time, referred to the Committee on Indian Affairs, and ordered ferred to the Committee on War Claims, and ordered to be printed. to be printed. ASSAY OFFICE, liELENA, 1\IONT. MERCY OWENS. 111r. TOOLE introduced a bill (H. R. 10356) to provide for the part­ Mr. BUNNELL introduced a bill (H. R. 10343) for the relief of ing and refining of silver and gold bullion at the as ay office at Helena, Mercy Owens, widow of J eptha W. Owens, late of Company C, One Mont.; which was read a first and second time, referred to the Commit­ hundred and ninety-third Regiment New York Cavalry; Vi):lich was tee on Coinage, Weights, and Measures, and ordered to be printed. read a first and second time, referred to the Committee on Invalid Pen­ sions, and ordered to be printed. SETTLERS ON SCHOOL LANDS, W .ASHINGTON TERRITORY. JOHN ll..ES. Mr. VOORHEES introduced a bill (H. R. 10357) for the relief of cer­ tain settlers upon the school lands in Washington Territory; which was Mr. NEAL introduced a bill (H. R. 10344) for the relief of John read a first and second time, referred to the Committee on the Public Des, of Hamilton County, Tennessee; which was read a first and sec­ Lands, and ordered to be printed. ond time, referred to the Committee on Military Affairs, and ordered to be printed. ADDITIONAL SUPREl\fE JUSTICE IN WYOlUNG. AMENDJ\!ENT OF RULES. Mr. CAREY introduced a bill (H. R.10358) providing for an additional :r,rr. MILLS offered the following; which was read, and referred to associate justice of the supreme court of Wyoming, and for other pur­ the Committee on Rules: poses; which was read a first and second time, referred to the Commit­ After the word" session," at the end of first paragraph of Rule XXVIII, in­ tee on the Territories, and ordered to be printed. sert: "But a. motion to suspend the ru1es and pass a. revenue bill reported by DISEASES OF CATTLE, ETC. the Committee on Ways and 1\Ieans shall be in order evet'y Monday after the reading of the .Journal, when moved by any member of the Committ-ee on 111r. CAREY also introduced a bill (H. R. 10359) to extirpate conta­ Ways and 1\Ieans by the direction of said committee, and a. majority of those gious pleuro-pneumonia, foot-and-mouth disease, and rinderpest among present shall be sufficient to pass the same." cattle, and to facilitate the exportation of cattle and the products ot DUTY ON MILK SUGAR. live stock, and for other purposes; which was read a first and second Mr. GROUT introduced a bill (H. R. 10345) laying a duty on milk time, referred to the Committee on Agriculture, and ordered to be sugar; which was read a first and second time, referred to the Commit­ printed. tee on Ways and M:eans, and ordered to be printed. ORDER OF BUSINESS. The SPEAKER. The call of States and Territories is now com­ UNION SOLDIERS IN SOUTHERN PRISONS. pleted. If there be no objection, the Chair will recognize, for the in­ Mr. GROUT introduced a bill (H. R. 10346) for the relief of Union troduction of bills and resolutions, gentlemen who were not in their soldiers who were confined in Southern prisons; which was read a first seats when their State& were called. and second time, referred to the Committee on Invalid Pensions, and There was no objection. ' ordered to be printed. . S. H. MAYFIELD. FOURTH COLLECTION DISTRICT, VIRGINIA. 111r. PEEL introduced a bill (H. R. 10360) to pay S. H. Mayfield, of 1\fr. BARBOUR (by request) introduced a bill (H. R.10347) to change Benton County, Arkansas, for property taken by United States forces the boundaries of the fourth collection district of Virginia, aud for other in the late war; which was read a first and second time, referred to the purposes; which was read a first and second time, referred to the Com­ Committee on War Claims, and ordered ·to be printed. mittee on Commerce, and ordered to be printed. MRS. l\fAHAL.A FIELDS. SISTERS OF HOLY CROSS, WASHINGTON, D. C. Mr. PEEL also introduced a bill (H. R. 10361) to pay Mrs. Mahala. Fields for property taken for use of the Army in the late war; w bich 111r. BARBOUR (by request) also introduced a bill (H. R. 10348) for was read a first and second time, referred to the Committee on War the relief of the Sisters of the Holy Cross in the city of W ashlngton, Claims, and ordered be printed. D. C.; which was read a first and second time, referred to the Com­ to mittee on the District of Columbia, and ordered to be printed. GEORGE UNKS. Ur. HOW.A.RD introduced a bill (H. R. 10362) granting a pension CAUSES IN COURTS OF DISTRICT OF COLUMBIA. to George Unks; which was read a first and second time, referred to Mr. BARBOUR also introduced a bill (H. R. 10349) providing for the Committee on Invalid Pensions, and ordered to ~e printed. reference of causes in the courts of the District of Columbia; which REBECCA HOCKETT. was read a first and second time, referred to the Committee on the Dis­ 1\Ir. HOWARD also introduced a bill (H. R. 10363) for the relief .of trict of Columbia, and ordered to be printed. Rebecca Hockett; which was read a first and sceond time, referred to SPECIAL-11\IPROVE~NT ASSESS:MENTS, DISTRICT OF COLUMBIA. the Committee on War Claims, and ordered to be printed. :Mr. BRADY (by request) introduced a bill (H. R. 10350) to extend WILLIS OLIVER. the provisions of the act entitled "Ali act to provide for the revision Mr. HOWARD also introduced a bill (H. R. 10364) granting a pen­ and correction of assessments for special improvements in the District . sion to Willis Oliver; which was read a first and second time, referred of Columbia, and for other purposes," approved June 19, 1878; which to the Committee on Invalid Pensions, and ordered to be printed. 1886. CONGRESSIONAL RECORD-HOUSE. 291

ALEX.ANDER BUSHNELL. SECTION 3412, REVISED STATUTES. Mr. HOWARD also introduced a bill (H. R. 10365) granting a pen- Mr. BRECKINRIDGE, of Arkansas, introduced a. bill {H. R. 10379) sion to Alexander Bushnell; which was read a first and second time, to amend section 3412 of the Revised Statutes; which was read a first referred to the Committee on Invalid Pensions, and ordered to be and second time, referred to the Committee on Banking and Currency, printed. · and ordered to be printed. WILLIAM R. BENTLEY. MARTHA GRAY. Mr. HOWARD also introduced a bill (H R. 10366) for the relief of Mr. ADAMS, of illinois, introduced a bill (H. R. 10380) for the William R. Bentley; which was read a first and second time, referred relief of Martha Gray; which was read a first and second time, referred to the Committee on Claims, and ordered to be printed. to the Committee on Invalid Pensions, and ordered to be printed. AUGUST E. GANS. SIMON PRnrnER. - Mr. WHEELER (by request) introduced a bill (H. R. 10367) for Mr. WARNER, of Missouri, introduced a bill (H. R. 10381) grant­ the relief of August E. Gans; which was read a first and second time, ing a pension to Simon Primmer; which wa.c:; read a first and second referred to the Committee on Claims, and ordered to be printed. time, referred to the Committee on Invalid Pensions, and ordered to be MOSES .A.. Sl\IITH. printed. Mr. WHEELER also introduced a bill (H. R. 10368) ·for the relief HE....~RY .A.. COZARD. ofMoses A. Smith, father of John T."Smith, Company D, Thirteenth 1\Ir. WARNER, of 1\Iissouri, also introduced a bill (H. R. 10382) Dlinois Cavalry; which was read a first and second time, referred to granting a pension to Henry A. Cozard; which was read a first and the Committee on Invalid Pensions, and ordered to be printed. second time, referred to the Committee on Invalid Pensions, and ordered to be printed. 1\IRS. E. M. SWOOPE. HENDERSON W. POUNDSTONE. Mr. WHEELER also introduced a bill (H. R. 10369) for the relief Mr. WARNER, of 1\Iissonri, also introduced a bill (H. R. 10383) of Mrs. E. M. Swoope, of Florence, Ala. ; which was read a first and granting a pension to Henderson W. Poundstone; which wa."' read a second time, referred to the Committee on War Claims, and ordered to be printed. first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. JAMES R. BELL. Mr. HOLMAN introduced a bill (H. R. 10370) granting a pension JAMES R. BAYLES. to James R. Bell; which was read a first and second time, referred to Mr. WARNER, of Missouri, also introduced a bill (H. R. 10384) grant­ the Committee on Invalid Pensions, and ordered to be printed. ing a pension to James R. Bayles; which was read a first and second time, re1erred to the Committee on Invalid PeiJ.Sions, and ordered to be ANN P. HENDRICKS. printed. lli. HOLMAN also introduced a bill. (H. R. 10371) granting a pen­ DEWITT C. AMEY. sion to Ann P. Hendricks, of Jefferson County, Indiana; which was Mr. DAVENPORT introduced a bill (H. R. 10385) for the relief of read a first and second time, referred to the Committee· on Invalid Pen­ De Witt C. Arney, One hundred and sixty-fifth New York Volunteers;· sions, and ordered to be printed. which was read a first and second time, referred to the Committee on NOAH W. HALLEY. Military Affairs, and ordered to be printed. Mr. WARD, of Indiana, submitted the following resolution; which BANKRUPT ESTATES. was referred to the Committee on Appropriations: :Mr. DUNHAM introduced a bill (H. R. 10386) for the redistribution Reso~ved, That the Committee on Appropriations be directed to appropriate of unclaimed moneys -in bankrupt and receivers' estates; which was (for the payment of Noah W. Halley) in the general deficiency bill a. sum equal to the difference between the compensati_on of a. folder, a.t $900 per annum, a.nd read a first and second time, referred to the Committee on the Judi­ that of a. messenger, at $1,200 per annum, during the period embraced between ciary, and ordered to be printed. December 16, 1883, a.nd December 31,1886. .Il\IMEDI.A.TE TRANSPORTATION OF DUTIABLE GOODS. ADJOURNMENT OVER THE HOLIDAYS. 1lfr. DUNHAM also introduced a bill (H. R. 10387) to amend sec­ Mr. MORRISON submitted the following resolution; which was re­ tions 2990_and 2996 of the Revised Statutes of the United States, re­ ferred to the Committee on Ways and Means: lating to the immediate transportation act; which was read a first and Reso~ved by the House of Representatives (the Senate concurring), That when the Sec<>nd time, referred to the Committee on Ways and Means, aml or­ two Houses adjourn on Wednesday, December 22, 1866, they stand adjourned until Tuesday, January 4, 1887. dered to be printed. SARAH DOUGHERTY. JOHN L. KIRK. Mr. LANDES introduced a bill (H. R. 10388) granting a pension to Mr. EDEN introduced a bill (H. R. 10372) to increase the pension Sarah Dougherty; which was read a first and second time, referred to of John L. Kirk, late captain Company E, Eighth Regiment Tennessee Cavalry; which was read a first and second time, referred to the Com­ the Committee on Invalid Pensions, and ordered to be printed. mittee on Invalid Pensions, and ordered to be printed. WILLI.A.l\I J .AMES. THOMAS C. SIMPSON, ARKANSAS. Mr. LANDES also introduced a bill (H. R. 10389) for the relief of • Mr. McRAE introduced a bill (H. R.10373) to authorize the reissue William James; which was read a first and second time, referred to the of certain United States currency to Thomas C. Simpson, of Arkansas; Committee on Military Affairs, and ordered to be printed. which was read a first and second time, referred to the Committee on EZEKIEL Sl\IITH. Banking and Currency, and ordered to be printed. Mr. LANDES (by request) also introduced a bill (H. R. 10390) for ESTATE OF JOHN GIBSON, DECEASED. the relief of Ezekiel Smith; which was read a first and second time, re- Ur. McRAE also introduced a bill (H. R. 10374) for the relief of the ferred to the Committee on Military Affairs, and ordered to be printed. estate of John Gibson, deceased; which was read a first and second time, ARREARS OF PENSION. referred to the Committee on War Claims, and ordered to be printed. Mr. LAIRDintroduceda bill (H. R.10391)toamendsection 2ofchap­ INTERN.A.TIONAL EXHIBITION. ter 187 of the United States Statutes at Large, 1877 to 1879, entitled Mr. BELMONT introduced a bill (H. R.10375) authorizing the Presi­ "An act making appropriation for the payment of arrears of pension dent to accept invitations from foreign states to this Government to granted by act of Congress, approved January 25, 1879, and for other participateininternationalexhi.bition; whichwasreadafirstandsecond purposes; " which was read a first and second time, referred to the Com­ time, referred to the Committee on Foreign Affairs, and ordered to be mittee on Invalid Pensions, and O_!dered to be printed. printed. JOHN CURRAN, UNITED STATES N.A.VY. LIGHT-HOUSE BOARD, WASHISGTON. 1\Ir. BELMONT also introduced a bill (H. R. 10376) granting a pen­ 1\Ir. MORROW introduced a bill (H. R. 10392) to provide for the erec­ sion to John Curran, late of the United States Navy; which was read tion of a public building for the Light-House Board at Washington, D. a first and second time, referred to the Committee on Invalid Pensions, C.; which was read a firs\; and second time, referred to the Committee and ordered to be printed. on Public Buildings and Grounds, and ordered to be printed. MARY PIKE. .AME~""D::\IENT TO THE R ULES. Mr. BOUTELLE int...roduced a bill (H. R. 10377) granting :1 pension Mr. SPRINGERsubmitted the following resolution; which was read, to Mary Pike; which was read a first and second time, referred to the and referred to the Committee on Rules: Committee on Invalid Pensions, and ordered to be printed. Resolved, That clause 4 of Rule XXIII be amended as follows : Add to said PUBLIC BUILDING, SAVANNAH, GA. clause- "Promded, That on the first and third Fridays of each month if two members Mr. NORWOOD introduced a bill (H. R. 10378) to provide for con­ object to the consideration of any bill on the Private Calendar when reached, demning a site for a public building in Savannah, Ga.; which was and the report thereon read if demanded, it shall be laid aside, and such objec­ tion shall not be withdrawn ou that day. At the next sitting of the committee, read a .first and second time, "referred to the Committee on Public under this order, the Calendar shall be ·t a ken up where suspended and con­ Buildings and Grounds, and ordered to be printed. tinued from time to time until called thi"Oll g!J." CONGRESSIONAL RECORD-HOUSE. DECEMBER 20,

DUTIES ON LEAF-TOBACdO. The Clerk read as follows:

The SPEAKER. This being the third Monday, under the rules of The SP~~ · The gentleman from New York [Mr.liLsoocx:] has two min­ the Honse motions to suspend the rules by direction of committees are utes rema1nmg. in order; but there comes over for to-day a pending motion made by 1\Ir. BROWNE, of Indiana. I object to the gentleman yielding to anybody. ¥r. _HiscoCK. I do not propose t<1 yield the position I hold with reference to the gentleman from New York [Mr. HISCOCK] on the 5th of August, this bill. By constant watchfulness I have succeeded in obtaining this position to suspend the rules and pass a bill which the Clerk will now read. (applau~e], and propose to hold it until I obtain a. vote from this Congress upon The Clerk read as follows: this bill. I believe a. vote will be obtained during the next session; and I con­ gratulate myself on holding this position. Without expecting to procure a. vote A bill relating to duties on tobacco. to-day I propose to give up no advantage which I have secured. f Het·e the hammer fell.l B e it enacted, &c., That the paragraph beginning with the words "leaf-tobac­ co," being the second paragraph in Schedule F, section 2502, chapter 121 of the statutes of the United States of America, passed at the second session of the Mr. SPEAKER. The Chair will state that a few minutes afterward ;~r~ll~~:S~nth Congress, is hereby amended so that said paragraph shall read the House adjourned for the session without transacting any other busi­ ness, except, perhaps, receiving a message from the President announc­ "Leaf-tobacco in any bale, box, package, or bulk, any part of which is suitable for wrappers, if not stemmed, 75cents per pound; if stemmed, $1 per pound, upon ing the approval of certain bills. Certain requests were made by gen­ the whole contents of such bale, box, package, or bulk." tieroenfor leave to print, which were objected to, and nothing further SEC. 2. That this net shall take effect on and after its passage. was done. So the matter comes over as unfinished business. The SPEAKER. The fifteen minutes allowed by the rules of the Mr. MORRISON. When interrupted I was about to say that the Honse for debate in support of the motion was exhausted when the Honse no longer ago than last Saturday, with the concurrence of the subject was before the Honse on the occasion referred to. Fifteen min­ gentleman from New York [Mr. HrscocK], decided not to have any utes remain \n opposition to the motion to suspend the rnles and pass revenue legislation. the bill. · Several MEl\-IBERS. No ! No ! Mr. 1\IORRISO~. Mr. Speaker-- Mr. MORRISON. Yes, just that. It decidedneithertoincrease nor Mr. HISCOCK. Mr. Speaker, I hope that by unanimous consent I diminish any rate of duty; in fact, decided not to consider the subject may have a little time allowed me on the bill. at all, and I had hoped that in obedience to that decision and the will The SPEAKER. How much time does the gentleman ask? of the Honse so expressed, with his concurrence, the gentleman from .Mr. HISCOCK. If there are fifteen minutes in opposition to the New York would withdraw this proposition to increase this duty al­ motion, I hope I may be allowed fifteen minutes in support of it. renrly enormously high. Mr. BLOUNT. I must object. . The purpose of this bill is to impose on all imported leaf-tobacco Mr. MILLS. Let him give an additional fifteen minutes on this side. suitable for cigar wrappers a dnty or tax of 75 cents per pound if no­ Mr. BLOUNT. I object to that. stemmed, if stemmed $1 a pound. The greater portion of that now Ur. HISCOCK. I hope the gentleman willyield to mefiveminutes imported pays a dnty of 35 cents a pound. A smaller portion, the of his time. Su rna tm leaf, requiring one hundred leaves to weigh a pound, now pays l\Ir. MORRISON. I have not the time to yield. I have but five min­ what by this bill will be laid on.., all-75 cents a pound. utes myself. I will not hurt you. You do not want any tariff agitation The pretext for this amendment of the gentleman from New York or tariff legislation, and that is what I am now trying to prevent. is that the law as now framed is evaded. This law was enacted with­ [Laughter.] out ever being considered or even so much M read in this House, under Mr. Speaker, since this proposition was introduced, and only as late as what was known as the Keifer-Reed device, scheme, or contrivance, or our last legislative day-on Saturday last-the Honse decided not to a change of rules. [Laughter.] . consider revenue bills-bills to revise the tariff or change existing The Tariff Commission was asked to impose that duty, and after in­ rates of tariff taxation. vesti!,.-a,ting the whole question, declined to report in favor of any Mr. HISCOCK. I desire right here to make a suggestion. change in the law which fixed the duty on all imported leaf-tobacco at The SPEAKER. The Chair will hear the gentleman. 35 cents on the pound. So much of the present law as lays this 75 Mr. HISCOCK. As I understand it, on the day when this question cents and $1 to the pound duty first found its way into a bill at the was np no one availed l1imself of the fifteen minutes in opposition, and other end of the Capitol. It was then passed here in the manner in­ the time was waived. The fifteen minutes in support was exhausted, dicated, after the Tariff Commission of 1883 had rejected it npon full and the only question at the time, had not the time fixed for adjourn­ investigation and inquiry. What that commission would not lay on m~nt arrived, would have been a vote on the motion. in duty or tax when asked in the name of protection by its advocates The SPEAKER. The recollection of the Chair is that when the prudent legislators might well have shunned. ' ~entleman from New York had exhausted the time allowed him under The alleged pnrposeofthispropositionfora 75centsperpounddutyis the rules of the House it was suggested that the matter·should go over to protect the farmer and farm laborer and compensate them for the differ­ until the reassembling of the House in this session, and that was agreed en~ in the cost of produ~ing a pound of tobacco in our own country, for to. The HECORD, however, willshowjustwhat occurred, and the gen­ wh1ch the authors of th1s scheme tell us the 35 cents per pound rate tleman will suspend until the Chair causes the RECORD to be examined. now laid on all leaf·tobacco is not enough. We exported last year Mr. TOWNSHEND. I rise to a parliamentary inquiry. 202, 773,890pounds ofleaf-tobacco, valued, as shown by our own Bureau The SPEAKER. The gentleman will state it. of Statistics, at $27,158,457, or less than 10 cents a pound. If all the Mr. TOWNSHEND. I understand this is the day when committees labor, capital, and profit in a pound of tobacco is less than 10 cents)t are permitted to mo\·e to suspend the rules? would seem that our labor in a pound of 10-cent tobacco is fairly well­ The SPEAKER. It is. protected with a duty of. 35 cents a pound on imported tobacco. Mr. TOWNSHEND. Themotionofthe gentleman from New York 'I'be price of last year was low, but the ordinary leaf-tobacco is a was made on the day when individuals are entitled to move a suspension, very profitable crop in this country at 12 cents. There are higher and I desire to ask whether it can be brought up to-day, even if it is qualities ofleaf-tobacco grown, chiefly in Pennsylvania, some in New unfinished business? York, Connecticut, a little in Wisconsin, and it is chiefly in the in­ The SPEAKER. The Chair thinks so. It is the character of the terest of the growers and dealers in these States, where the wrapper­ business which determines whether or not it is in order. leaf is worth from 12 to 25 cents, that this measure would operate if l!fr. TOWNSHEND. Bntthecharacterofbusiness depends on whether by any possibility it could become a law. it comes from individuals or from committees. This measure is aimed at the Sumatra tobacco, grown in the East The SPEAKER. A committee or an individual might have made Indies and controlled by the Netherlands. That country sends to us this motion. It is a motion to suspend the rules, and belongs to that in all less than 4,000,000 pounds, on a small part of which 75 cents class of business. duty is paid; on most of it 35 cents per pound is paid. While that Ur. TOWNSHEND. But the motion was made on the first Monday country sends t{) us this comparatively small quantity at this already of the month. hjgh rate of tax, we export and sell to that country 17,000,000 The SPEAKER. The motion was not made on the first Monday of pounds of leaf and more pounds of stems than all the tobacco they sell the month. It was made on one of the last six days of the session. us, and all our tobacco is admitted into that country and sold there at But even if it had been made on the first Monday of the month it a mere nominal rate, substantially without being taxed at all. Such would have come over as unfinished busineSs in the class of business to further discrimination ~ooainst that country as this bill proposes is un­ which it belongs. That class of business is a motion to suspend the fair to its people and unjust to our own. rules, and two motions to suspend the rules could not be pending at The government of the Netherlands bas complained to ours by way the same time. Moreover, the point of order is made too late, because of protest against such discrimination as is proposed by this bill. The the unfinished business has been taken up and debate has commenced President, in his annual message, calls our attention to the subject and upon it. I desire to have read, and will ask the Clerk to read whatthePresident The Chair will cause to be read the report in the RECORD, from says. which it will be seen that the gentleman from New York [Mr. His­ Mr. BUTTERWORTH. While that is being sent to the desk I de­ coCK] exhausted his fifteen minutes, and by consent the matter went sire to ask the gentleman from Tilinois a question. This tobacco af­ over, the gentleman stating he did not desire to give up any advantage fected by this bill, if I am correctly informed, is the kind used by all hehad. . the manufacturers of cigars. Am I correct? 1886. CONGRESSIONAL RECORD-HOUSE. 293

Mr. MORRISON. I think most of them use the Sumatra tobacco duced in this country, thus making a far greater increase of tax than when they can get it. appears at the custom-house, and falling almost exclusively upon the 1\Ir. BUTTERWORTH. It will increase, therefore, the cost of the laboring people and the people of moderate circumstances in the coun- production of cigars. · try...... Mr. MORRISON. As a protectionist, you do not object to it on that I was very much struck, sir, during some of the proceedrngs rn this account, do you? connection before the subcommittee (which are here in printed form). The SPEAKER. The Clerk will read whn.t has been sent to the One gentleman who appeared before us was asked why, if his industry, deRk. subsidized as it now is, while other people engaged in raising other The Clerk read as follows: kinds of tobacco and in other employments enjoyed no benefit whnt­ The government of the Netherlands bas exhibited concern in relation to cer­ ever from taxation-why, if the subsidy was not sufficient, he did not tain features of our tariff laws, which are supposed by them to be aimed at a go into some other branch of business. u Why," said he, "I can not class of tobacco produced in the Dutch East Indies. Comment would seem un­ necessary upon the un wisdom of legislation appearing to have a. special national go into the growing of wheat, for there is no money in that; I can not discrimination for its object, which, although unintentional, may give rise to in­ go into the growing of pork, for there is no money in that." And when jurious retaliation. asked how, then, he expected the people, who were already so loaded . 1\Ir. MORRISON. This message of the President upon the unwis­ down with burdens as to be almost unable to live, to pay this increased dom of such further discrimination as this bill proposes is addressed subsidy that he asked for, his humane reply was: •'That is a question to us with considerate caution, and in conclusion I beg to call atten­ that it is not for me to answer." tion to the enormous duty which this bill proposes to lay, under the Mr. Speaker, there is no commercial reason, no financial reison, re­ pretense that there has been some evasion of the old law. lating to the interests of the public at large, for the passage of a bill The SPEAKER. What gentleman demanded a second? of this character. It is a proposition of subsidy pure, simple, unndul­ 1\Ir. MORRISON. The gentleman from Missouri [Mr. BLAND] de­ terated, and I trust, sir, that the day will come when the people of manded a second, and by arrangement yielded his time to the gentle­ this country will view in its proper moral aspect a proposition to the m.a.n from Arkansas [Mr. BRECKINRIDGE] to whom I am indebted for American Congress to subsidize one cl:l.SS of citizens of this country at so much as I have occupied. the cost ofother citizens of this country. Give it, sir, such garniture Mr. BRECKINRIDGE, of Arkansas. Mr. Speaker, in the debate and sophistry as you may, and after all it is but human servitude and upon this bill at the close of the last session of Congress the gentle­ robbery under the forms of law. I hope, sir, soon to see a public sen­ man from New York [Mr. HISCOCK] remarked that if this bill passed timent of such robust integrity of purpose and of such high and firm the effect would be to reduce the revenue received from the importa­ sense of justice to all classesoftbepeople, that it will lash these sub­ tion of tobacco. In other words, it is a proposition to double the duty sidy-mongers from the corridors of the Capitol as the money-changers and halve the revenue; or, to express it iii still other terms, it is sim­ were scourged from the Temple. • ply a case of protection for the sake of protection. Sir, if there were any necessity of a public character, any obligation Now, sir, in calculating the benefits that these gentlemen already arising from good faith as to the original intent of the law, I woJlld be enjoy, and what they still desire, we should recollect that the pro­ perfectly willing to agree tn a bill, but no such necessity or reason ex­ duction of this character of tobacco is some 1,500 pounds to the acre, ists that can excuse the bill before us. The proposition of the gentle­ while the average production ofthe tobacco crop of the Middle, South­ man from New York [Mr. HiscocK] is peculiar. It is not simply to ern, and Western states is only some 800 pounds to the acre. Upon tax 75 cents or $1 per pound, if st.emmed, all wrapper-toba-cco that is the latter crop, which is the great tobncco crop of the country, the in the bale, but it is a proposition to tax at that rate all the tobacco that crop grown by the millions and not by simply a few thousand people, is in the hale where thel'e is even as much as a single pound or a single as is the article for "wrappers," which we are now considering-upon leaf of it which is suitable for wrapping purposes. that crop, I say, there is no protection., there can be no protection, and it Mr. BUCK. Can not they import wrapper tobacco separately? gets no benefit whatever. Some 500 pounds per acre of a "wrapper" Mr. MORRISON. They Call, at additional cost. - crop goes as ordinary tobacco, all the leaves not being fit tor wrappers, Mr. BRECKINRIDGE, of Arkansas. They can, but if they make while some 1,000 pounds per acre is protected. These are the people, the slightest mistake, if there is any porti~m of the bale which is suitable then, and this · is the extent of their crop, two-thirds, that get all for wrappers, or which anyone in authority chooses to consider suitable the protection that does or that can inure under the law, either as it for wrappers, the entire bale is to be treated as subject to thi~ proposed is or as it can be made, for our tobacco crop proper is grown in great duty and inquisitorial treatment. Provisions in the tariff bill of the surplus, and it does and must meet the competition of the world. Ways and Means Committee, now on the Calendar, cover the original Now, having seen the scope, let us take a look at the amount or per intent ofthe law-provisions drawn by the gentleman from NewYork cent. of protection these gentlemen enjoy, and that also which they [Mr. HEWITT] on my right. It omits these pains and penalties and still desire. Their cost of production for domestic '' wrappers'' is given traps uncalled for, and searches out all that the law meant to reach, at 7 cents per pound. The competing article, imported from theNether­ and th~:~-t is more than ought really to be. land colony of Sumatra, is taxed 35 cents a pound. Internal taxes on Sir, this hostile bill, so far exceeding anything ever contemplated the cigars are the same, and as there is no internal tax on leaf, but by our past laws, is a thrust at a country of fruitful commerce and only on manufactured tobacco, the internal taxes can be left out of the honest people. We should cultivate feelings of amity instead of calculation. It is just and proper to say that it is claimed by the grow­ engendering social and commercial antagonisms. The Netherlands ers of "wrapper" tobacco that 1 pound of Sumatra leaf will wrap as and its dependencies take yearly over twenty million dollars' worth of many cigars as will 4 pounds of our domestic leaf. We will divide 35 our products, and we take only nine million dollars' worth of theirs. then by 4, and that gives us St. A 7-cent pound of tobacco, then, is now Have we not subsidized selfish classes enough in this country, at the protected Si cents per pound, or 125 per cent. For aught I know the cost of money direct from the masses and to the provocation of many other 500 pounds per acre is thrown in as a bonus. If not, it at least foreign consumers of· our staples? We provoked and suffer from the takes care of itself, as other tobacco has to do. But a 125 per cent. commercial hostility of Germany and France. Shall we leave the subsidy is not enough. They want the 35 cents a pound duty increased people neither cash nor commerce? to 75 cents a pound. They want the subsidy increased to 321 per cent.­ [Here the hammer fell. J more than double what it now is-and this avowedly for subsidy, for Mr. BRECKINRIDGE, of Arkansas. I call for a vote. we hnve been told, and we did not need the telling, that by this step, The SPEAKER. The time allowed under the rule for debate on this while taxes are more than doubled and are only to be paid to these question has expired. · privileged gentlemen, revenues to the Government will fall off. Mr. HISCOCK I should like to have five minutes to reply to the Now, for the use of what cla...qg of our fellow-citizens is this character gentleman who has just taken his sent. of wrapper employed? It is very well known that it has become cus­ A MEMBER. Your side has already had fifteen minutes. tomary of late years to make the cigars that are consumed by the work­ Mr. HISCOCK. If a request like this were made to me by any .ingmen and the people of small means in this country by machinery. gentleman on the other side, I would cheerfully grant it. [Cries of To a large extent a medicated preparation of paper was at one time '' regular order ! ''] • employed as a wrapper of sufficient strength to bear rolling by machin­ The SPEAKER. The question is on the DfOtion to suspend the ery, but that bas gone out of use, and this Sumatra-tobacco wrapper, rul~ and pass the bill. , which has greater strength than our b~tter-flnvored but more brittle Mr. MORRISON. I call for the yeas and nays. American wrapper, is employed to make the cigars that are consumed The yeas and nays were ordered. by that class of our fellow-citizens. Already that class of people alone The question was taken; and there were-yeas 90, nays 164, not in this country pay an annual tax upon their cigars, growing out of the voting 67; as follows: ..use of this character of wrapper, to the amount of nearly $1,000,000. Y EAS- 90. It is proposed, sir, to further deprive those people of the opportunity Allen, C. H. Brc,wn, W. W. Cutcheon, Findlay, they now have of indulging in the comfort of an occasional cigar, Anderson, C. M. Buck, Davenport.,_ Fleeger, Atkinson, Bunnell, Da vis, Foran, although they are already paying for the wrappers, upon any computa­ Baker, Burleigh, Dingley, Funston, tion that may be made, a subsidy of 125 per cent. to some seven thou­ Bingham, Campbell, J.l\I. E ly, Gilfillan, sand people in this country, in addition to the regular tax to the Gov­ Bound, Caswell, E rment.rout, Goff, Boutelle, Conger, E vans, Grout, ernment-. This proposition will not run as respects this wrapper alone, Boyle, Cooper, Everhart, Hanback, but will run as respects the great body of the wrappers that are pro- Brady, Curtin, F arquhar, Harmer, 294. CONGRESSIONAL RECORD-HOUSE. DECEl\IBER 20,

Haynes, Lore, Osborne, Spooner, Senate, and has been favorably reported by the Committee on the Militia Hendernon, T. J. Louttit, Parker, Stephenson, Hepburn, Markham, Payne, Swope, of this Honse with a single amendment. Hermann, McComas, Pettibone, Taylor, E. B. The bill with the amendment of the Committee on the Militia, strik­ Hiestand, l\IcKenna, Phelps, Thomas, 0. B. ing out, in line 6, ''six hundred thousand'' and inserting ''four hun­ Hiscock, McKinley, Pirce, Thompson, Bitt, Millard, Ranney, Wade, dred thousand," was read, as follows: Houk, Milliken, Reed,T.B. Wadsworth, B e it e1}aeted, &e., That section 1661 of the Revised Statutes be, and the same Jackson, Morrill, Rockwell, · Wait, is hereby, amended and re-enacted so as to read as follows: James, Morrow, Romeis, Weaver, A . .J. "SECTION 1. That the sum of $400,000 is hereby annually appropriated, to be Kelley, Negley, Sawyer, West, p~id out of any money in the Treasury not otherwise appropria,ted, for the pur­ Ketcham, Nelson, Scranton, Wolford. pose of providing arms and ordnance stores, quartermaster's sto1·es, and camp LaFollette, O'Donnell, Sessions, equipage for issue to the militia. Lindsley, O'Neill, Chades Seymow·, "SEc. 2. That said appropriation shall be apportioned among the several States and Territ{)ries, under the direction of the Secretary of War, according to th.e NAYS-164. number of Senators and Representatives to which each State, respectively, is en­ Adams, G. E. Dougherty, LeFevre, Shaw, titled in the Congress of the United States, and to the Territories and District Allen,J.M. Dunham, Lovering, Singleton, of Colwnbia such proportion and under such regulations as the President may Anderson,J.A. Dunn, Lowry, Skinner, prescribe: Provided, however, That no State ehall be entitled to the benefits of Ballentine, Eden, Lyman, Snyder, the appropriation apportioned to it unless the number of its regularly enlisted, Barbour, Eldredge, :Mahoney, Spriggs, organized, and active militia shall be at least one hundred men for each Sena­ Barksdale, Ellsberry, Martin, Springer, tor and Representative to which such State is entitled in the Congress of the Barnes, Fisher, l\Iatson, Stahlnecker, United States. And the amount of said appropriation which is thus determined Barry, Ford, Maybury, Steele, not to be available shall be covered back into the Treasury. Belmont, Forney, McCreary, Stewart, C. " SEc. 3. That the purchase or manufacture of arms and ordnance stores, quar­ Bennett, Fuller, McMillin, Stone, W . .J., Ky. termn.ster's stores, and camp equipage for the militia under the provisions of this Blount, Geddes, McRae, Stone, W . .J., l\Io. act shall be made under the direction of the Secretary of War, as such arms, ord­ Bragg, Gibson, C. H. Merriman, . Strait, nance, and quartermaster's stores and camp equipage are now manufactured or Breckinridge,C. R. Gibson, E. Miller, Strahle, otherwise provided for the use of the regular Army, and they shall be receipted Breckinridge,WCP Glass, l\fills, Swinburne, for and shall remain the property of the United States, and be annually accounted Brown, C. E. Green, R. S. Morgan, Tarsney, for by the governors of the States and Territories, for which purpose the Secre­ Burnes, Green, W.J. Morril;on, Taulbee, tary of W a.r shall prescribe and supply the necessary blanks and make such reg­ Butterworth, Hall, Mw·phy, Taylor, J. l\I. ulations as he may deem necessary to protect the interest of the United States. Bynum, Halsell, Neal, Taylor, Zach. "SEC. 4. That all arms, equipments, ordnance store.'il, or tents which maybe­ Cabell, Hammond, Neece, Thomas, J. R. come unserviceable or unsuitable shall be examined by a board of officers of the Caldwell, Harris, Norwood, Throckmorton, militia, and its report shall be forwarded by the governor of the State or Terri­ Campbell,F. Hatch, O'Ferrall, Tillman, tory direct to the Secretary of \Var, who shall direct what disposition, by sale Campbell, J. E. Hemphill, O'Neill, .J . .J. Townshend, or otherwise, shall be made of them; and if sold, the proceeds of such sale shall Campbell, T. J. Henderson, D. B. Outhwaite, Trigg, be covered into the Treasury of the United States." Candler, Henderson, J. S. • Owen, Turner, Carleton, Herbert., Payson, Van Eaton, The SPEAKER. Is a second demanded on the m~tion to suspend Catchings, Hewitt, Peel. Van Schaick, the rules? Clement-s, Hill, Perkins, Wakefield, Ur. HOLMAN. In order that we may have an explanation, I ask a. Cobb, Holman, Perry, Wa.rd,.J. H. Collins, Holmes, Pindar, Ward,T.B. second, which, I hope, may be ordered by unanimous consent. Cowles, Hopkins, Randall, Warner, A . .J. There· being no objection, the motion to suspend the rules was sec­ Cox, S. S. Howard, Reagan, Weaver, .J. B. onded. Cox, W. R. Hutton, Richardson, Wellborn, Crisp; .Johnson, J. T. Riggs, Wheeler, Mr. FORNEY. 'Mr. Spea.ker, this bill proposes to amend section Croxton, .Johnston, T. D. Robertson, Wbite,M. 1661 of the Revised Statutes, which provides that- Culberson, .Jones, .J. H. Rogers, Wilkins, Theannua.lsum of$200,000isappropriat-ed, to be paid out of any money in the Daniel, .Jones, .J. T. Rowell, Willis Treasury not otherwise appropriated, for the purpose of providing arms and Dargan, Kleiner, Rusk, Wilso;,, equipments for the whole body of the militia, either by purchase or manufacture, Davidson, A. C. Laffoon, Ryan, Winans, by and on account of the United States. Davidson,R.H.M. Laird, Sadler,· Wise, Dawson, Landes, Sayers, · Woodburn, The pending ·bill as reported by our committee proposes to amend Dibble, Lanham, Seney, Worthington. this section by increasing the annual appropriation to $400,000. The NOT VOTING~7. section was enacted in 1808, when we had a population of 8,000,000. Adams,J. .J. Dorsey, Lawler, Scott, Now, when we have some My or sixty millions of people, it :is pro­ Aiken, Felton, Lehlbach, Smalls, posed tomakethis increase in the appropriation. The real object :is to Bacon, Frederick, Libbey, Sowden, encourage the organization of the militia of the country, give them Bayne, Gallinger, Little, Stewart, J. W. to Blanchard, Gay, Long, St. Martin, tents and camp equipage when they meet in their encampments for their Bland, Glover, McAdoo, Stone, E. F. annual drill, and also to give them arms of light caliber, so that, in the Bliss, Grosvenor, Mitchell, Storm, event of disturbance, we may have a large body of organized militia. Browne, T. M. Guenther, Moffatt, Symes, Brumm, Hale, Muller, Taylor, I. H. To-day we have about 85,000 organized militia and over 7,000,000 Buchanan, Hayden, Oates, Tucker, of unorganized militia. This bill, if passed, will, it is expected, en­ Burrows, Heard, O'Hara, Viele, courage the organization of the militia. In New York, Pennsylvania, Cannon, Henley, Peters, 'Vallace, Clardy, Hires, Pidcock, · Warner, W. Massachusetts, and Connecticut those States aidandassisttheirmilitia. Compton, Hudd, Plumb, Weber, New York has over 12,000 well organized militia, Pennsylvania over Comstock, Irion,· Reid,.J.W. White, A. C. 8,000, Massachusetts over 4,000, and Connecticut over 2,u00. If this Crain, •Johnson, F. A. Reese, Whiting. Dockery, King, Rice, bill shall pass we think it will encourage other States, because it aids and a.....sis-ts the young men of the coW1try, who are ready and willing So the motion to suspend the rules was not agreed to. to organize companies, by giving them tents, &c; The following pairs were announced: The bill also changes the law in another respect. It shows how the Mr. REESE with !t1r. CANNON, on this vote. money appropriated is apportioned in other States. It is in section 2. For this day: It is to be according to the number of Senators and Representatives to Mr. FREDERICK with Mr. PETERS. which each State :is entitled in the Congress of the United States, and Mr. LAWLER with Mr. WEBER. to the District of Columbia, under such rules and regnlations as may Uutil further notice: be-prescribed, provided noS tate shall have any portion unless the number . Mr. SCOTT with Mr. LITTLE. enlisted, organized militia, shall beonehundredmenfor eachSenatorand Mr. MITCHELL with Ur. WHITING. Representative. Section 3 also cures a defect in the present law by re­ Mr. GLOVER with Mr. WARNER, of Missouri. quiring the governors of the States and Territories annually to account Mr. TUCKER with Mr. BROWNE, of Indiana. for all the property turned over to them. _ Mr. OATES with Mr. GALLINGER. . That is really, Mr. Speaker, about all there is in the bill. I will 1\Ir. DOCKERY with Mr. DORSEY. jield now to my friend from illinois [Mr. HOPKINS]. • Mr. CLARDY with 1\Ir. BAYNE. l\Ir. HENDERSON, of Iowa. Before yielding will the gentleman Mr. WALLACE with Mr. RICE. permit me to ask him a question? MR. STORM with Mr. STEW ART, of Vermont. :Mr. FORNEY. Certainly. Mr. BLAND with Mr. SYMES. Mr. HENDERSON, of Iowa. Does the bill provide for the exchange The result of the vote was announced as above stated. of new for old arms, or must the cash be paid to t.he State for that purpose? ARMS AND EQUIPMENT FOR MILITIA. Mr. FORNEY. It is intended to be given to the State. Section 4 provides- The Committee on the Militia being called, That all arms, equipm6nts, ordnance stores, or tents which may become un- . Mr. FORNEY said: I am directed by the Committee on the Militia to serviceable or unsuitable shall be examined by a board of officers of the militia, and its report shall be forwarded by the governor of the State or Territory direct move to suspend the rules so that 1he C:>mmittee of the Whole House on to the Secretary of War, who shall direct what disposition, by sale or otherwise, the state of the Union may be discharged u·om the further consideration shall be made of them; and if sold, the proceeps of such sale shall be covered of the bill (S. 222) to amend section 1661 of the Revised. Statutes, mak­ into the Treasury of the United States. ing an annual appropriation to provide arms and equipments for the Mr. HENDERSON, of Iowa. Then the old arms, as I understand militia; and that the bill be now passed with the amendment reported the gentleman, are to be replaced by new arms from the General Gov- by the Committee on the Militia. The bill has alrea:dy passed the ernment? · 1886. CONGRESSIONAL RECORD-HOUSE. 295

Mr. FORNEY. Yes, sir. Mr. COX, ofNorth Carolina. How much does our standing army Mr. HEMPHILL. Will thegentlemanfromAlabama be kind enough cost the Government now? to state how much this increases this appropriation? · Mr. FORNEY. About $25,000,000 annually. We have somewhere Mr. FORNEY. Two hu$ed thousand dollars annually. If the about 25,000 men, so that the cost is about $1,000 a man. bill shall pass this will become a permanent appropriation of $400,000, Mr. ROCKWELL. Four hundred thousand dollars is the amount instead of $200,000. fixed in the army appropriation bill, I believe. Now, do I understand l'!Ir. HEMPHILL. Have numerous petitions from the North and this is to be in addition to that? . South asked for this? - Mr. FORNEY. Yes, sir. This is given to the militia of the country, Mr. FORNEY: We have received petitions from every part of the and to provide them with tents. The real object is to give them tents, United-states asking for the passage of this bill. I will yield now to or protection when they are in their annual encampment. the gentleman from Illinois [Mr. HOPKINS]. • At present those who are able to do so purchase their own tents, and The SPEAKER. The gentleman does not seem to be in the HalL those who are not must do without. This is to encourage them when Mr. . FORNEY. Then I will yield to my colleague on the committee, they enter the encampment. the gentleman from New .Jersey [Mr. McADoo]. · Mr. ROCKWELL. If you appropri.o'l.te annually $400,000 in the Mr. McADOO. Mr. Speaker, as a member of the Committee on the ' army bill and pass $400,000 here, do you think it would ?e sufficient_ Militia I desire to say a few words in behalf of this bill. I think it to carry out the object the committee had in view? needs but little advocacy. In the first place, themilitiaofthe country Ur. FORNEY. I do certainly. I believe that it will be sufficien~. was specially favored by the Constitution. Gentlemen will recollect it Mr. STEELE. I believe I have the floor, and while I do not insi.Et is a part of the organic law of the land that the militia shall be fostered upon occupying it, I do insist upon the right to hear what is going on. and encouraged. It provides for organizing, arming, and disciplin~g [Laughter] . the militia, and governing sucP, part of them as may be employed m The SPEAKER. The Chair has been endeavoring to preserve order. the service of the United States. It simply shows that the founders of The gentleman from Indiana is entitled to the floor. the Government were specially concerwd there should always be a Mr. STEELE. As I understand section 3 of this bill, the militia or special militia of the Government. This is merely reformatory of the the governor of the State, or the adjutant-general, will ma_ke requisi­ former law. Under the old law $200,000 is given for the militia, but tion upon the General Government for all the arms and ordnance stores no machinery is provided for the distribution of that fund. It is sim­ and tents they need. This still remains the property of the United ply an appropriation of money without any means of carrying out the States. It goes into the bands of the militia for their temporary use. intention of the law in any orderly-way. This bill increases the Say to-day the Government issues $200,000 worth of arms and camp amount from $200,000 to $400,000. The Senate propose to appropriate equipage, and it goes into the hands of the militia. They may go on $600,000, but the Committee on the Militia of this House thought that a "bender" to-morrow, and allow the tents to be put away in a wet the amount should not exceed $400,000. condition and no care taken of the ordnance stores. The tents will be Mr. WILSON. Why? damaged by the wet, become rotten and worthless, and then they have Mr. McADOO. I think a majority of the members of the House only to call a board of militia officers and say, "here, we have destroyed will agree with me this bill is an admirable one. Petitions have these tents and we want others;" and yet the very board of officers that poured in to our committee from all portions of the country asking for permitted them to be destroyed will pass upon that question and &'ly its passage. You will have a just distribution of this fund, and und~r it is necessary and desirable that they should have new tents and stores. it you will have uniformity in the arms and accouterm~nts of the mi­ The old ones are turned back to the United States Government and a litia-. In one State now they have one style of arms and in another new supply furnished. Where is the protection afforded to the Gov­ State another style of arms. Under this bill the distribution will be ernment? fairly apportioned and the militia will be uniformly and effectively Mr. FORNEY. It is left to the Secretary of War to say what he armed throughout the United States. I hope sincerely the bill will will do. He can approve or disapprove the issue. pass. 1\Ir. STEELE. There is no provision that they shall care for tho Mr. WILSON. How is the amount to be distributed? property. They may take it, leave it out in the wet to become useless, l'!Ir. McADOO. It is to be distribu~d equally to the States accord­ rotten, or mildewed, and there is no provision requiring that any one ing to population. shall be responsible for its care. It seems to me that there ought to be Mr, WILSON. Is the whole amount of the annual expenditure a limit to the time. They should not have the privilege of getting consumed, or does any portion of it go back to the Treasury? new tents every day, or every other day. , Mr. FORNEY. I understand the whole amount is expended. :Mr. :McADOO. I think the bill is sufficiently guarded as it is. The Mr. WILSON. If the whole amount is not expended, I do not see United States would not accept property which had been destroyed by the necessity of doubling it. carelessness. · · Mr. FORNEY. We want a larger body of militia. We only have l\Ir. STEELE. What provision do you make for protecting the prop- 85,000, and we want to increase it to 200,000. Wehaveabout25,000 erty? . men in our Army, and only 85,000 in the militia, while we have about Mr. McADOO. The provisions of the third section impose certain 7,000,000 fighting men in the country. duties upon the officers of the Government in charge of the storeS. ' Mr. WEAVER, of Iowa. What is the necessity of having any fight­ The Secretary of War is to examine and approve or disapprove the req- ing men now? uisition. . Mr. FORNEY. "In time of peace prepare for war;" that is the Mr. STEELE. I am in favor of the organization of the militia, and only reason I know. [Laughter.] · believe in encouraging it; but it seems to me there ought to be some :Mr. STEELE. I notice in section 2 of this bill it provides that the limitation here. States and Territories are to have these arms. Then further along, in Mr. HERBERT. The amount of the appropriation here is so small line 19, it says "no State shall have the benefit of this act unless it that there can not be any loss. There will not be enough in fact to go has a number of regularly enlisted men, &c.," leaving out altogether round, and it will necessitate the best possible care of this property. the word " Territories." " Mr. STEELE. But it is the property and still remains the property . Mr. FORNEY. Wha.t is the gentleman's suggestion? of the United States, and ought to be turned back to the United States 1\-Ir. STEELE. I think in line 18, after the word "State," there in good condition. . should be added the words "or Territory," so as to make it comply Mr. LONG. But that is already the law. with the preceding provision in line 12. Mr. HERBERT. There is a standing appropriation now for this Mr. FORNEY. The gentleman will discover before the word "pro­ purpose. That has been the rule for seventy-five years. vided" that the arms to be distributed in the Territories and the Dis­ Mr. GIBSON, ofWestVirginia. This only increases the amount. trict of Columbia are to be distributed under regulations to be pre­ Mr. STEELE. I have not been here for seventy-five years; if that scribed by the President of the United States. The following are the is the law n<;>w I shall not object. words of the bill: Mr. WEAVER, of Iowa. I would like permission to ask the gentle­ And to the Territories and District of Columbia such proportion and under such regulations as the President may prescribe. · man from Alabama a question. Mr. STEELE. I am informed it is the law now. If it is I am sur- I think it is safe as it is. prised it is in the bill; but if so I shall not object. • Mr. ROCKWELL. I would like to ask the chairmtln of the com­ Mr. HERBERT. ·r am informed that t)lat is the law; that it is sub­ mittee a question. Why has this committee cut the appropriation from stantially the same now as it has been heretofore. $600,000, as reported by the Senate, down to $400,000? l\Ir. GIBSON, of West Virginia. I will state to the gentleman that Mr. FORNEY. Because they thought $400,000 was sufficient for it is the law now. These arms are given out to the governors of the the purpose. You will bear in mind that this is a permanent appro­ States, and are issued by.the governors to the companies under rules priation, and that there is a steady improvement going on in arms. If arid regulations adopted by the State government. The governor of you purchase a large quantity under the terms of the bill, and im­ the State is responsible to the Federal Government. provements are mad'e hereafter, such purchase will have to be thrown Mr. STEELE. The language of this bill is: aside. Mr. ROGERS. And you think $200,000 is too little? They shall be receioted for and shall remain the property of the United St-ates, and be annually accounted for by the governors of the States nnd Territories, Mr. FORNEY. The committee think $400,000 a. proper smn. for which purpose, &c. 296 CONGRESSIONAL RECORD-HOUSE. DECEMBEH 20,

Mr. WEAVER, of Iowa. That is in keeping with the whole bill. NOT VOTING-78. 1The whole bill is wasteful in its character and unnecessary. .Adams, J. J. Felton, LeFevre, Sowden, Aiken, Fisher, Little, Stephenson, Mr. BURROWS. I desire to ask the gentJeman from Alabama if the Allen. C. II. Frederick, 1t-Iarkham, Stewart, J. \V. Seeretary of War asks for this additional $200,000, oris it recommended Bacon, Gallinger, McMillin, St. Martin, by any Department? Barbour, Gay, Milliken, Storm, It If Bayne, Gibson, Eustace 1\Iitchell, '.Caylor, I. H. Mr. FORNEY. is, sir. the gentleman will read the report he Belmont, Glover, Muller, '.fho.mas, J. R. will find that the Chiefof Ordnance has been asking for this for a number Blanchard, Grosvenor, Oates, Trigg, of years. Bland, Guenther, Peters, Tucker, Browne, T. :r.I. Hale, Pidcock, Van Schaick, Mr. WEAVER, of Iowa. The Chief of Ordnance? Brumm, Harmer, Plumb, Viele, Mr. FORNEY.- The Secretary of War generally adopts what the Buchanan, Heard, Randall, Wadsworth, Chief of Ordnance recommends. Buck, Henley, Reid,J. W. 'Vakefield, Burnes, Hudd, Reese, Wallace, Mr. BURROWS. Is it in the interest of any manufacturer of arms? Clardy, Irion, Rice, Warner, Willio..m Mr. FORNEY. They are to be American arms. Compton, Kelley, Robertson, Weber, · Mr. WEAVER, of Iowa. I will ask the gentleman from Alabama a Conger, King, Rusk, White, A. C. Dockery, La. Follette, Sawyer, Whiting. question. He said: "In time of peace prepare for war." What war · Dorsey, Laird, Scott, are you preparing for-now ? Farquhar, Lawler, Sessions, Mr. FORNEY. I hope the next war will be in the distant future, So the bill was passed. perhaps some fifty years hence. lir. FORNEY. I ask unanimous consent to dispense with the read- MESSAGE FROM THE PRESIDENT. ing of the names. There was no objection. A message from the President of thP. United States was communi­ The following additional pairs were announced: cated to the House l>y Mr. PRUDEN, one of his secretaries, who also Mr. FELIX CAMPBELL with Mr. W .AKEFIELD7 until further notice. informed the House that the President had approved and signed a joint For this day: resolution of the following title: Mr. PIDCOCK with Mr. GROSVENOR. A joint resolution (H. Res. 220) authorizing and directing the pay­ Mr. ADAMS, of New York, with Mr. H.An.MER. ment of salaries of officers and employes of Congress for the month of Mr. GIBSON, of West Virginia, with Mr. KELLEY. December, 1886. Mr. HENLEY with Mr. IKE H. TAYLOR. .ARMS .AND EQUIPME.l."'iTS FOR THE MILITIA. Mr. ROBERTSON with Mr. BUCK, on this vote. The SPEAKER. The question is on the motion to suspend the rules The result of the vote was then announced as above stated. and pass the bill with an amendment changing $600,000 to $400,000. INTERN.ATION.AL EXHffiiTION 7 SOUTH AUSTRALIA. The question being taken, there were-ayes 126, noes 25. The SPEAKER, by unanimous consent, laid before the House the Mr. WEAVER, of Iowa. No quorum. following message from the President of the United States: The SPEAKER. The Chair will appoint tellers. To the &nate and Hou&e of Re.vresentatives: .Mr. HENDERSON, of Iowa. I ask for the yeas and nays. I transmit herewith a report from the Secretary of State in relation to the in­ The yeas and nays were ordered, 67 members voting therefor. vitation from her Britannic Majesty to this Government to participate in an in· ternutional exhibition which is to be held at Adelaide, South .Australia, in 1887. The question was t..'\ken; and there were-yeas 199, nays 44, not vot­ GROVER CLEVELAND. ing 78; as follows: ExECUTIVE MANSION, December 20, 1886. YEAS-199. ENROLLED BILLS SIGNED. Adams, G. E. Dingley, Kleiner, R-anney, Allen, J. M. Dougherty, Laffoon, Reagan, :Hr. NEECE, from the Committee on Enrolled Bills, :reported that Anderson, C. 1\I. Dunham, La.nha.~, Reed,T.B. they had examined and found duly enrolled bills of the following titles; Anderson, J. A. Dunn, Lehlbacb, Rockwell, Atkinson, Eldredge, Libbey, Romeis, when the Speaker signed the same: Baker, Ellsberry, Lindsley, Rowell, A bill (H. R. 5878) to amend the act entitled "An act to modify Ballentine, Ely, Long, Ryan, the postal money-order system, and for other· purposes," approved Barksdale, Er.mentrout, Lore, Sadle1·, Barnes, Evans, Louttit, Sayers, March 3, 1883. l!nrry, Everhart, Lovering, Scranton, A bill (H. R. 3504) to amend section 4414 of the Revised Statutes Bennett, Findlay, Lyman, Seney, relating to inspectors of hulls and boilers. Bingham, Fleeger, Mahoney, Seymour, Bliss, Foran, Martin, Shaw, A bill (H. R. 5890) for the relief of Grafton Monroe. Blount, Forney, Maybury, Skinner, JURISDICTION IN PATENT CASES. Boutelle, Fuller, :McAdoo, Smalls, Brady, Funston, McComas, Snyder, Mr. TOWNSHEND. Mr. Speaker, in behalf of the Committee on Breckinridge, C. R. Geddes, McCreary, Spooner, Patents I move to suspend the rules and pass the bill which I send to Breckinridge, WCPGibson, C. H. McKenna, Spriggs, the desk. Brown, C. E. Gilfillan, McKinley, Stahlnecker, Brown, 1V. W. Glass, Merriman, Steele, The bill was read, as follows: Bunnell, Goff, Millard, Stewart, Charles B e it enacted, &c., That hereafter the 'United States district and circuit courts Burleigh, Green, R. S. Miller, Stone, E. F. shall have no jurisdiction to hear or to try any case arising from the actual use Butterworth, Green, W. J. Mills, Stone, W. J., Ky. of any patent right, or its infringement by such use, by any person in or citizen Bynum, Grout, Moffatt, St-one, 1V. J., Mo. of the United States or the Territories, wherein the amount m controversy does Cabell, Halsell, Morgan, Strait, not exceed $200 against one person o1· citizen. Caldwell, lla.nback, 1\Iorrill, Struble, SEc. 2. That purchasers of any patent right for actual use shall not be liable Campbell, Felix Hatch, 1\forrow, Swinburne, to damages, royalty, or for value of the same, or for infringing the same in any Campbell, J. M. Hayden, Murphy, Symes, .manner, who at the date of such purchase had no knowledge of the claims of Campbell, J. E. Haynes, Neece, Taylor, Zacb. any third person, or that the inventor of the same has an interest therein ad­ Campbell, T. J. Hemphill, Negley, Thomas, 0. B. verse to the seller thereof. That no person who shall in good faith purchase, Candler, Henderson, D. B. Nelson, Thompson, use, manufacture, or sell without previous knowledge of the existence of a Cannon, Henderson, J. S. Norwood, Throckmorton, patent therefor, any article, .mA.Chine, .machinery, or other thing for the exclusive Carleton, Henderson, T. J. O'Donnell, 'l'ill.man, use, sale, or .manufacture of which any patent has been or hereafter may be Caswe11, Hepburn, O'Ferrall, Turner, granted to any person, persons, or corporation whatever, shall be liable, irr Catchings, Herbert, O'Hara, VanEaton, damages or otherwise, for an infringement of such patent until after written Collins, Hermann, O'Neill, Charles Wade, notice of the existence thereof shall have been personally served on such per­ Comstock, Hewitt, O'Neill,J.J. Wait, son or persons or corporation, as the case may be, and such infringement shall Cooper, Hill, Osborne, Ward,J.H. be thereafter continued. Cox, \V. R. Hires, Outhwaite, Wa.rd,T.B. SEC. 3. That all laws or parts of laws inconsistent herewith are hereby re­ Crain. Hiscock, Owen, Warner, .A.:J. pealed. Crisp; Hitt, Parker, )Veaver,A.J. SEC. 4. That nothing herein contained shall affect any pending suit or pro­ Croxton, Holmes, Payne, \Vest, ceeding in any of the courts of the United States or in any court of any of the Curtin, Hopkins, Payson, Wheeler, several States. · Cutcheon, Howard, Peel, Wilkins, Dargan, James, Perkins, \Vilson, Mr. HAMMOND. Mr. Speaker, before demanding a second I wish Davenport, Johnson, F. A. Perry, Winans, to ask the gentleman from illinois whether this bill comes from the Davidson, .A. C. Johnston, J. T. Pettibone, Wise, Committee on Patents. Davidson, R. H.l\1. Jones, J. H. · Phelps, Wolford, Dawson, Jones, J. T. Pindar, Woodburn. The SPEAKER. Debate is not permissible until a second hns been Dibble, • Ketcham, Pirce, ordered. · NAYB-44. 1\Ir. HAMMOND. I thought I had a 1ight to know whether the gentleman was reporting this bill from a committee. Bound, Eden, Landes, Swope, Boyle, Ford, Lowry, Tarsney, Mr. TOWNSHEND. I desire to say to the gentleman from Georgia Bragg, Hall, ?tfa.tson, Taulbee. that I am familiar enough with the rules of this House to know that Burrows, Hammond, McRae, Taylor, E. B. on the thirdMondayofthe monthnoonehasarightto move to suspend Clements, Harris, Morrison, Taylor, J. M. Cobb, Hiestand, Neal, Townshend, the rules without authority from a committee; and I would state fur­ Cowles, Holman, Richardson, \Veaver, J. B. ther to the gentleman that the Committee on Patents authorized me Cox, B.S. . Houk, Riggs, \Vellborn, to present this bill to the House and move to suspend the rules and Culberson, Hutton, Rogers, White, 1\lilo Daniel, Jackson, Singleton, Willis, pass it during the last session. That resoJution of the committee has Davis, Johnston, T. D. Springer, )Vort.hington. not been·altered in any degree whatever, and I stand here now repre- 1886. CONGRESSIONAL RECORD-HOUSE. 297

senting the majority of that commitree; and further, I will say to the The Supreme Court ot the United States has more than once de­ gentleman that the bill which I have presented was shaped by the clared that a patent is a solemn contract between the patentee and the committee and I was instructed to present it. Government, by which the exclusive use is granted to him· for a limited Mr. HAMMOND. The word "yes" would have answered my in­ time in consideration of public use ever afterwards, and which, like quiry. I demand a second. any other contract, can be set aside only for fraud. This bill, therefore, The SPEAKER. A second being demanded, the Chair appoints the in effect seems to declare that seven-eighths of all the patents in the gentleman from Georgia. [Mr. HAMMOND] and the gentleman from United States shall by these three sections be cut down so as to be illinois [Mr. TOWNSHEND] to act as tellers. practically valueless. For, mark you, the bill gives no jurisdiction to :Mr. TOWNSHEND. M.r. Speaker, I ask that there be unanimous a State court, and under the present law no State court has j nrisdiction consent for a second. of any suit for the infringement of a patent. Mr. HAMMOND. I object. This first section, it will be observed, has nothing to do with good The House divided; and the tellers reported-ayes 108, noes 60. faith or bad faith. Under it a man may in open market buy or sell a The SPEAKER. There is a second, and, under the rules of the patentwithoutauthorityin the patentee's face, and answer, "!damage House, thirty minutes are allowed for debate, fi:fieen minutes in support you only to the amount of $199, and you can not sue me anywhel'e." of the motion and fifreen minutes in opposition. The Chair will recog­ That is the first section of the bill as it seems to be intended. nize the gentleman from lllinois [Mr. TOWNSHEND] to control the time Mr. ROWELL. Suppose, in a suit, damages to the amount of$250 in support ofthemotion, and the gentleJllllJlfrom Georgia [Mr. HAM­ were claimed, but only $50 damages proved; would that defeat the MOND] in opposition to it. jurisdiction of the court ? Mr. TOWNSHEND. Mr. Speaker, the bill is so plain and so easily Mr. HAMMOND. I do not know whether that is the intention. understood that I have no disposition to discuss it, unless there be a Nobody can answer with certainty what is the intended effect of this desire upon the other side to debate it. I am willing to submit the bill in that particular. But here is the declaration that no court ofthe question without discussion. United States shall have- Mr. HAMMOND. I desire to discuss it. Jurisdiction to hear· or to try any case arising from the actual use of a. patent Mr. TOWNSHEND. Then, Mr. Speaker, I will say generally of the right or its infringement by su.ch use, by any person in, or citizen of, the United States, or the Territories, wherein the amoun~ in controversy does not exceed bill at this time that the object and purpose of it is to protect innocent $200 against one person or citizen. purchasers of patented articles who have bought them in the open mar­ ket, without knowledge or intention of infringement upon the rights In reply to the gentleman's que.o.tion I will give my own opinion. I or privileges of any patentee. . The purpose of the bill is to protect such think that "the amount in controversy" in such cases must be deter­ innocent purchasers from abuses which are now practiced upon them. mined by the declaration, and that, therefore, this bill, while it seems There is no design in the bill to interfere with or to injure in any de­ to hold out a promise to individuals that they may infringe patents gree honest patentees of any honest invention, nor is its intention to· and avoid suits in this way, is a trap in which they will be caught, interfere with the value of the patent rights of any individual, but that for the amount necessary to give jurisdiction of the controversy can, . the sole purpose of the bill is to protect the masses from prosecutions in each case for damages, be stated in the declaration. for infringements or fancied infringements which have occurred from Mr. EZRA B. TAYLOR. If jurisdiction is given by the amount ignorance of the purchase of patents. · claimed, then of what value is that first section? Speaking for my own section of the country, I ca,n say that the peo­ Mr. HAMMOND. None in the world, but to mislead the country, ple have been greatly vexed and greatly annoyed by black-mailers and if the provision means what I understand it to mean. those who have or who claim to have patents upon articles which have Mr. TOWNSHEND. Let me ask the gentleman, and I hope he will been purchased innocently by farmers and other innocent purchasers be candid enough to reply, whether the Supreme Court of the United in the open market under the belief that they had a right to do so, but States has not already declared that the jurisdiction of the court is who have been compelled at great inconvenience and hardship to respond fixed by the verdict, by the amount which may be found due upon to suits in the Federal courts upon charges of infringements. the final trial, and not J:>y the amount claimed in the declaration? I do not intend-to enter upon a discussion of the details of the bill at Mr. HAMMOND. For damages in patent cases? this time. I desire simply to state my position a:nd to emphasize the Mr. TOWNSHEND. In any case where the jurisdiction of the court statement, that the sole purpose of the Committee on Patents, who is involved? have carefully studied the subject and prepared this bill, is to protect Mr. HAMMOND. No such decision was ever made in a patent case such innocent purchasers from the persecutions which they are now for damages, and I venture to say no such decision will ever be made. subjected to at the hands of black-mailers and other unjust claimants. Mr. TOWNSHEND. No, sir; because the United States courts have I reserve the remainder of my time. How much time have I con­ exclusive jurisdiction in all patent ca,ses. sumed, Mr. Speaker? Mr. HAMMOND. T.herefore the question of limitation of amount The SPEAKER pro tempore. Four minutes. in a patent case is out of consideration. Mr. HAMMOND. Mr. Speaker, in the four minutes consumed by Mr. TOWNSHEND. But may be governed · by the rule generally the gentleman from Illinois [Mr. TOWNSHEND] he stated four times established, that it is only the amount found due that fixes the juris- that the object of this bill is solely to protect innocent purchasers against diction of the court. · ''black-mailers." If that be the object, the gentleman who framed Mr. HAMMOND. I mean to be perfectly respectful when I say, that the bill understands neither the use of the English language nor the is nonsense. law of patents. Let us look at the matter for a moment. The first Now, let us look at the next section, the section as to bona fide pur­ section seems to undertake to take away from the United States courts chasers. I have shown that the first section bas nothing to do with jurisdiction in all cases of patents in which the amount of damage is good or bad faith. Here is the section in regard to bona fide purchasers: not at least $200 against each individual defendant. The last section SEC. 2. Thn.t purchasers of any patent right for actual use shall not be liable to damages, royalty, or for value of t.he same, or for infringing the same in any declares that- manner, who, at the date of such purchase, had no knowledge of the claims of Nothing herein contained shall affect any pending suit or proceeding in any any third person, or that the inventor of the same has an interest therein ad­ of the courts of the United States or in any court of any of the several States. verse to the seller thereof. . It has been held over and over, until it is laid down as familiar doc­ Now, Mr. Speaker, when a man obtains a patent, he is required trine in Curtis on Patents, and every other book on patents, that a ·State by the law to have marked on it that the article is patented. His court has no jurisdiction whatever of the infringement of a patent. The letters-patent are of record here, just as our title-deeds to real estate section on this subject in Curtis is 496. This bill seems, therefore a are recorded in the proper offices. , declaration that in all cases where the damages do not exceed $2oo There is rio such thing as a bona fide purchaser of a patented article against eaeh person sued there shall be no suit for the infringement of without notice that it is patented. If the mark of patent right is on a patent right. I do not know the statistics on the subject, but I will the thing, the man who buys it with his eyes open can not be an inno­ venture to guess that seven-eighths of the patents granted in this cent purchaser against the right of the patentee. . country are of such character that individual infringements will not . ~gain, that declares if he buys it frs the exclusi'"e right to their respective writings All a scoundrel has to do is to infringe a patent and run faster than 1 the marshal. The greater the rascal and the better the racer are all 298 CONGRESSIONAL RECORD-HOUSE. DECEl\IBER 20. ' the tests whether there can be recovery. He is a witness in court. · He­ taken from him his property, that which the Constitution and· the laws can swear to his good faith, after he is caught; before he is caught he of the country say shall be his property for a term of years. I say he will not be liable at all, because he is liable under the bill only for you prevent his recovering from the man who willfully and in violation damages occurring after personal service of notice of his wrong. of the Con8titntion and the laws of the country takes possession of his I have said all I wish to say about this matter. I repeat that in my property and converts it to his own uses. Pass this bill and you au­ section of the country there are very few patentees. We have but little thorize every man to. seize upon and convert to his own use the prop­ enough concern, care little for them in any such sense as that. And if erty of his neighbor. The product of the brain and hands of one of I wereseeking.to place myself upon the side which the gentleman from our citizens-if it is a new and useful improvement in any art-is by Illinois calls the "masses," I would go in for depriving patentees of law property as much M a horse or cow, and the offense of taking the their constitutional right. They are decidedly in the minority. But! one without compensation is as great as taking the other, and is in _ understand that the same good faith, that the same high consideration conscience, and should be in law, as censurable. which should actuate us in keeping treaties with foreign nations, ought, This bill, if it should be~me a law, wipes out at one stroke of the with double force, to compel us to keep constitutional contracts with pen property rights of more than one hundred millions of dollars in our own fellow-citizens. For these reasons I hope this bill will not pass. value. It is, in fact, impossible to calculate the mischief it will do. I reserve the balance of my time. · Ninety per cent. of the present thriving industries of the country are The SPEAKER. The gentleman from Georgia has one minute of built upon inventions covered. by patents. "But then," says some his time r~maining. friend, " we are being robbed by the system." 1\fr. HAMMOND. I thought I was reserving much more time. Mr. Speaker, I can show you-can demonstrate that instead of that 1\fr. BUTTERWORTH rose. being true this system hru:~ cheapened every product that is used in Mr. REED," of Maine. This is a. matter with which the gentleman the house, in the barn, in the :field, in tbe mill, in the shop, the forest, from Ohio is somewhat familiar. the factory, and on the ocean. It has cheapened all the articles we The SPEAKER. The gentleman from Georgia has four minutes re­ use. Instead of imposing burdens it has scattered blessings, and this maining. covert attempt to steal the blessings while destroying the source from M:r. HAl\!1\lOND. I yield that time to the gentleman from Ohio. whence they proceed is utterly indefensible. I wish I had time to Mr. BUTTERWORTH. Mr. Speaker, four minutes is not time examine this bill in detail in order to show its enormities. enough to discuss this bill as it ought to be discussed. I submit if ever [Here the hammer fell.] there was a bald attempt to kill the goose that lays the golden egg this 1\fr. REED, of Maine. I will ask unanimous consent, in view of the is such an attempt. The industries of this country depend for their importance of this subject, that the gentleman from Ohio be permittea origin and growth more upon the encouragement given to the inventor to have :five minutes more. by our patent -system than upon every other influence and all other 1\fr. RANDALL. There ought to be no objection to that. causes combined. It is due to our patent system that we to-day excel The SPEAKER. Is there objection to the request of the gentleman all others as a manufacturing nation. This bill practically "wipes from 1\f:aine ? out" our patent system; and, as my honored friend on the left [Mr. ~fr. TOWNSHEND. Mr. Speaker, I object; for the reason that I HA.miOND] said, while it may leave in a degree unimpaired some mon­ want the bill to be disposed of as soon as possible. opolies, if such a thing as a monopoly can in fairness be said to exist in The SPEAKER. Objection is made. this country-and there is what is near allied to a m_Qnopoly-while 1\Ir. TOWNSHEND. I yield now three minutes to the gentieman the provisions of this bill leave them unharmed, they at the same time from Mississippi [Mr. 1\IORGAN]. hot only leave unprotected but practically confis~te the property of l'.Ir. M:ORGAN. Mr. Speaker, it seems to mo almost impossible to thousands who by lives of thought and toil have laid t.he foundation of make any satisfactory explanation of this measure in the short space our magnificent industries. It legalizes the robbery of these, the most of three minutes; bu~ it is due to the House to say this much: that deserving and most numerous class of inventors. there was brought before the Committee on Patents information of an As hru:~ well been said by the gentleman from Georgia [Mr. H.A ,r_ unlimited number of abuses of the patent laws of the United State.

He makes fun of the fourth section, because the last clause in it makes sia, 181; Norway, 100; China, .Japan, Turkey, ¥exico, and the British) this reference to patent cases in the State court; but he must admit that colonies each issued a few, aggregating about 2,000. You will see the the purpose of that section is fully stated when it prevents interference universal Yankee nation nearly beats the world in the march of im­ with any suits now pending. That is the sole purpose of the fourth provement. The inventive genius of our land has contributed won­ section, and he will not contend that the section does not guard pend­ derfully to man's enjoyment, lightening labor and making many hard ing cases. tasks easier. I concede that the last clause might be omitted because only the Fed­ THE INCREASE OF PATEI\-n!, eral courts have jurisdiction; but it does not hurt the bill and should TQ.e people of all the world are turning attention to inventions. I not be a stumbling..:block in the way of any gentleman, whether he be have noted the increase of patents in this country. In England, Scot­ a constitutional lawyer or not. land and Ireland in the year 1700 but 2 patents wer~ issued; fifty years The real purpose of the bill is this: that the masses of the people, after the number had increased to 7; in 1800, to 117;·in 1850, to 1,281; those who do not enjoy the benefits of the "golden egg" referred to in 1866, to 6,363, and last year the number issued, as already stated, by my friend from Ohio [l'ifr. BUTTERWORTH], but who buy the pat­ was 16,101. _ Invention has engrossed the faculties of all peoples, but ented instruments, shall not be involved in damages and dragged into in no land has the spirit been as prevalent or as productive of good as the courts by wealthy corporations until served with written notice. in our own favored country. That is the central point in the bill, and that legislation is needed. Take for instance one or two counties in my own district. Hundreds LIDER.AL PAT~"T LAWS. of farmers have been led by oily-tongued gentlemen to invest in the Our laws are generous in their protection to inventors, which is drive-well patents, and other patents of that class, and supposed, having simply right and j n.&t. An inventor fairly earns governmental protection made the purchase, that they were entitled to use them. These farmers for that improvement evolved from his study, thought, and genius. have been carried from the United States circuit court to the United Very many patents have conferred great benefits upon humanity and States Supreme Court, and are here now trying to protect themselves aided progress. The :first patent granted was in 1591, in England, for at the national capital, in that court-room, from tlie injury sought to the exclusive privilege of printing books, an excellent commencement be inflicted by speculators in patent rights. of great results. The inventor who brings a new device or invention The purpose of this bill is to prevent this gross injustice to poor, that shall aid man and lighten his burdens, is a benefactor of the race, ignorant men, who can not judge of the question whether patents have and is so regarded in law and in fact. The statutes secure to him the been properly issued or whether there is a good title in the man who exclusive benefit that may arise from his invention for seventeen years. comes to them with a patent. The purpose of the bill is that, and that There is bttt one Government (Belgium) which is more generous with alone. And now those who are fighting that object simply carp and the inventor than ours. make fun of a section which may be a little broader than is necessary Invention has been termed an exact science, and the Government to protect present pending litigations. designs to throw strong protection about the rights and property of the I say, Mr. Speaker, this bill provides much-needed legislation. The inventor. No one desires to disturb the patentee in ~he enjoyment of patent system is becoming too powerful. My friend from Ohio [Air. his rights in reaping the golden fruit of his toil and brain. Many in­ BUTIERWORTH] who is always eloquent, and who can always put ventions are the product of a lifetime of study, and no one feels that· things in the superlative, talks about the "golden egg," and would the law is unjnst in that it gives the minimum advantage to the invent­ convey the impression that the very foundations of the Republic would or and inflicts the maximum disadvantage on the public. It is con­ tumble from beneath our feet if this bill becomes a law. Yes, sir, ceded that a person who has worked out an original and valuable pro­ this is the golden egg to powerful corporations. We know that often cess from his own brain, and may have incurred great expense in bringing in these inventions it is not the genius of America that is protected. it to a practical issue-it may be after years of protracted toil and _ The brainy man who gets up the invention is taken hold of, his in\en­ anxiety-should have secured to him by law during a reasonable time . tions and discoveries are taken out of his hands and fortunes are made the exclusive privilege of gathering the substantial reward of his own by men of wealth. And not only does he lose the fruits of his inven­ inve.ntion. Thatisonlyjustand reasonable. The law provides for that; tion, but farmers and poor men all over the country suffer from the in­ no one questions the propriety of the statute. Inventdrs earn the grat­ roads made upon them by the power of these wealthy men. I submit itude of mankind. For years their lot is filled with failure and distress, this is a good, safe bill to vot.e for, and is an additional guard for the often a bitter experience. This can be summed up in the stat-ement masses of the people. that not one patent out of the hundred granted ever returns value to [Here the hammer fell.] the originat.or. 1\fr. TOWNSHEND. I yield two minutes to the gentleman from PATE:t<'"T WRONGS. Michigan [Mr. O'DONNELL]. Havfug spoken thus of patent rights, I desire to call attention to 1\'Ir. O'ODNNELL. Mr. Speaker, whiletheHouseis consideringthe patent wrongs. The patent laws of this nation are the occasion of measure before it I desire to call attention to some facts in regard to much injustice and rapacious injury. In every section citizens are per­ our patent laws. secuted and swindled by the provisions of the patent laws. The burden THE INGENIOUS NA-TION. of wrong is becoming unbearable, and the people are growing indig­ That this is an ingenious and inventive nation is attested by the fact nantly restive under the infliction of this pat~nt plunder under the that since the organization of our system of government 343,451 ar­ form of law. This species of legalized robbery is carried on under the ticles have been patented in this country, embracing about everything guise of infringements. A citizen buys an article from a dealer, pays which can be thought of. In this number are not included 14,451 designs, him for it, uses what he has bought and paid for, and in a few years 10,677 reissues, 12,910 trade-marks, and 4,695 labels, but the more thereafter is called upon by a stranger, who acquaints him with the than a third of a million embrace only valuable inventions and discov­ fact that for years he has been violating the laws of the land by using eries. Up to the year 1836 there were only 9,957 patents granted by an implement or machine, as the case may be, which he has bought, this GOvernment. and paid for, but which, it is alleged, is an infringement on some patent. In 1840 there were 1,445 issued, the intervening years producing many The manufacturer and dealer should be made responsible, but fre­ thousands. The rate kept growin~, and in the year 1850 6, 981 inven­ quently their whereabouts is unknown, ·and in conseql:!-ence the pur­ tions covered·by letters patent. This was followed by accretions each chaser and user is made amenable. His violation of law can be com­ week, and in 1860 there were 26,642 granted. In the next decade the promised easily, for the owner of the infringed patent does not worry number increased each year, 1870 showing 98,460, to be swelled to 223,- about the law so long as he can be reimbursed; and he generally ex­ 211 in 1880, and up to the beginning of the present year the total is, as torts a good price, which is paid to avoid litigation. There is not a I have stated, 343,451 articles of about every name and device, protected member of this House but who can recall a constituent who has been by letters patent from the Government ofthe United States of America. plundered by the infringement device. In Michigan the farmers espe­ In fifty years our people invented and obtained patents on 333,494 im­ ~lly have been mercilessly plundered, and I have no doubt the same provements. During last year nearly 2,000 patents per month were wrong obtains in other States. In the majority of cases the money granted, the exact figures being 23,331. The inventive genius of our thus obtained does not inure to the benefit of the inventors or their pe~le has brou~ht into being and maintains a great department of the representatives, but is enriching speculators who have obtained con­ Government, whose costlastyear was$1,024,378.85;but it is but fair to trol of the patent and gone forth on their conquering infringing war. state that notwithstanding this outlay the department paid a profit of They reap where others sow. They swim freely and profitably among $163,710.30, and that division has a balance in the Treasury ofvery nearly the windings of the law. . $3,000,000. In the district I have the honor to represent the farming community THE INVENTIOYS OF THE WORLD. have suffered grievously from this legalized wrong. I know of many In nll the governments of the world during the past year 62,894 cases, but cite but one: A farmer ordered through an agent a certain patents were issued under governmental sanction. 1\'Iore than a third machine; the demand that year was far in excess of the supply, and the of this number were inventions by the people of the United States of farmer was induced to take that of another manufacturer, as it was America. I have taken occasion to obtain the figures, and I find that guaranteed to do as good work as the one he preferred. He accepted it during the last calendar year patents were granted as follows by the on trial, and finding it unsatisfactory, returned it. The product pass­ nations of the earth: United States of America, 23,331; Great Britain, ing through the ma-chine in the brief time it was used sold for $10. ­ 16,101; France, 6,722; Germany, 4,018; Belgium, 3,682; Austro-Hun­ Afterward the manufacturers of the machine the farmer wanted and gary, 2,470; Ontario, 2,239; Italy, 1,350; Spain, 500; Sweden, 200; Rus- ineffectually endeavored to obtmn notified him the one he had used on 300 CONGRESSIONAL RECORD-HOUSE. DECEMBER 20,

trial was an infringement, and after investigation the farmer found that unconstitutional. That was done in the case of the interstate com­ under our patent laws he was technically liable for having used the merce bill, it was done ,in reference to the bill which passed last machine a few hours, and to save the costs of law paid at the rate of session known as the oleomargarine bill. What we witness to-day is about $5 per hour for his infringement-of a patent. This is one of the but a repetition of what has heretofore taken place on occasions when thousands of cases of legal extortion coming under_notice everywhere. the same bill in substance has been under consideration. The person who unwittingly infringes is subject to expensive prosecu­ There are some gentlemen who put on a Sir Oracle air, and who take_ tion and is liable to punishment for violation of the law of the land it for granted that none but themselves have ever read or are able to when he never dreamed that he was transgressing any statute. comprehend the_ Constitution. The patent speculators gather their greatest returns among the farm­ This bill, or substantially the same bill, was introduced into this ing community, the nonest tillro:s of the soil, who seek to deal fairly ,House in 1882 by the gentleman from Wisconsin [Mr. CASWELL], and and justly, but are, under our pi:), tent laws, made victims of gross wrong. the vote then t~ken, notwithstanding the flings and sneers at those The word ''patent'' is from pateo (I lie open), but often the word is a mis­ who have been seeking to obtain this relief, notwithstanding the ob­ nomer. Under the present system a purchaser is not safe in buying a jections, constitutional and otherwise, of members, passed that bill by patented article until he secures a first-class patent attorney to explore over two-thirds majority. the chambers of the Patent Office to ascertain if the machine or device But, Mr. Speaker, I desire _to say, in reply to the gentleman from he intends securing is an infringement on "some one's invention. All Georgia. [Mr. HAl\IMOND ], that he is mistaken when he asserts that an citizens are not able or willing to retain attorneys versed in the intri­ inventor has any constitutional right in his invention. The Constitu­ ca(:ies of patent Jaw, as the fees might amount to more than the cost of tion simply clothes Congress with the power to protect inventors under the article they designed buying. Owing to this circumst.ancc the just such conditions as Congress i.n its discretion may prescribe. The people, in the presence of the manifold and numerous abuses they have bill before the House simply seeks to provide a remedy, for abuses been compelled to endure, ask relief from Congress, and they should practiced upon those charged with infringements. As I said in my be heard. opening remarks, the bill does not seek to protect any wrongdoer in TllE REMEDY. willful infringement of an invention. It simply seeks to protect the Knowing the injustice the people had suffered these many years, and, honest and innocent pm·chaser and user who buys an article in the desiring 1o lift that burden from them, on the lst day of February I open market without any previous knowledge whatever that he is in­ offered a bill in this House providing immunity for innocent purchasers fringing on the rights of any one. of patented articles from prosecution for damages and infringement. The SPEAKER The time allowed for debate has expired. This bill is numbered 4965, and I believe is a very good one. Its pro­ Mr. MILLS. I move that the House do now adjourn. ·visions are simple and calculated to right a wrong. I quote the section Mr. TOWNSHEND. Do not let us have filibustering over this bill. designed to relieve the people. It enacts: The SPEAKER. The question is on the motion of the gentleman frorp_ Texas that the House do now adjourn. · That the purchaser of any device, implement of husbandr-y, machine, article, compound, process, discovery, or other invention covered by existing patents in The.House divided; and there were-ayes 97, noes 87. whole or in part, or for which patents haye been or may be hereafter applied Mr. TOWNSHEND. I call for the yeas and nays. for, where said article was purchased for a valuable considt>ration, for the p e r­ On the que..:;tion of ordering the yeas and nays there were-ayes 38, sonal use of said purchaser, without knowledge that said article was covered by patent or patents, or patents on the same applied for, shall not be tiable in any noes 124; the affirmative being more than one-fifth of the whole vote. manner for damage&, royalty, or otherwise for an infringement of said patents 1\fr. MILLS. I call for tellers or the yeas and nays. by having used the same; and no suit at law for damages, royalty, or for the Tellers were ordered, and Mr. MILLS and Mr. ToWNSHEND were ap­ value of said patented article shall be sustained in any court against any person or persons for alleged infringement where the defcndan t purchased said inven­ pointed. tion in good faith for his own personal use. The House 11.gain divided; and there were-ayes 52, ,noes 88. So (the affirma"ci.ve being more than one-fifth of the whole vote) tho Such a law is imperatively dem:mded. The purchasers are not the yeas and nays were ordered. only ones who suffer from our patent laws. The manufacturer should ltlr. MILLS. I move to reconsider the vote ordering the yeas and also he friendly to the bill !have offered, for at present a competitor who sets up a claim of infringement on an· article another manufacturer is nays. making can frighten people to such extent as to deter them from buy Jrlr. TOWNSHEND. I submit the question to the Chair, whether ing, for they do not want to hazard a lawsuit even when they are con­ the motion to reconsider is in order when the yeas and nays have been vinced the claimant possesses no rights. As a rule manufacturers are ordered on a motion to adjourn. 1·esponsible; and if there is any question of infringement raised let the The SPEAKER. It is. But there can not be another motion tore­ patentee seek redress from them. The bona fide purchaser should in no consider if the House shall again order the yeas and nays. way become Uable; the farmer, especially, should not be involved in Mr. SPRINGER. Is not this the rule that where the original mo­ these "nice, sharp quillets of the law." The great producing classes tion can not be reconsidered, a subsidiary motion to that can not be reconsidered? deserve better treatmen~. The SPEAKER. But the original motion here can be reconsidered. UNCOXSTITUTIOXAL. Mr. SPRINGER. A motion to adjourn can not be reconsidered. Many gentlemen of ripe legal minds tell me the bill 4965 will, if The SPEAKER. -That motion has not yet been voted on. It has passed, be unco:r:.stitutional. No member of this House has a more been always held that the House can reconsider a vote once. lly the sacred rE'.gard for that grand instrument than I have. If the Constitu­ Constitution one-fifth of the members present can order the yeas and tion is a league with patent sharpers and despoilers and this proposed nays. The vote ordering t.hem CJln be reconsidered by a majQrity, and enactment is contrary to its provisions, then an amendment is in order, the 01·dering of the yeas and nays is then subject to the renewed de­ for it should not be the source of such rank injustice-such oppression mand of one-fifth of the members present." an~ legalized wrong. · Mr. MILLS. I withdraw the motion to reconsider the vote ordering TDIE TO EXACT. the yeas and nays. 1\Ir. Speaker, this bill 4965 went to the Committee on Patents over nine months since, and, I understand, has been considered. A some­ A MESSAGE FROl\1 THE SENATE. what simi1'\r ineasure has been agreed on, and is before us, but strong A message from the Senate, by Mr. McCooK, its Secretary, informed o~jections are urged against it. the House that the Senate had agreed to the 1·eport of the committee _ I have been in hopes the bill I have quoted from would be reported of conference on the bill (S. 263) providing for the erection of a public favorably and placed on its passage. The Committee on Patents has building at Springfield, Mass. not been heard from, I understand, until to-day, for many sessions. The message also announced that the Senate returned to the House Now that they offer this measure let us enact it though another bill is of Representatives, in compliance with it.s request, the bill (S. 54) to preferable. This House owes it to the nation that some measme be provide for the allotment of lands in severalty to Indians on the various enacted that shaH take away the legal right to inflict great wr . reservations, and to extend the protection of the laws of the United The people should not be compelled to suffer longer. Shall this just States and the Territories over .the Indians, and for other purposes. measure be passed, and thereby remove causes for litigation and ex­ The message further announced that the Senate had passed bills and pense? I grant that the bill reported by the gentleman from illinois joint x:.esolutions of the following titles: • (Mr. TowNSHEND] has a feature that is objectionable to some. Strike A bill (S. 2982) to authorize the commissioners of the District of Co­ out that portion and give the relief an oppressed community ask; or, lumbia to permit the temporary occupation of streets by a railway for as I think, better still, enact· the bill 4965, which I had the honor of the purpose of transporting materials to fill about the base of the Wash­ offering, and which, like the one now before us, has but one design­ ington monument. to protect innocent purchasers of patented articles from prosecution Joint resolution (S. R. 78) authorizing the Sec1·etary of War to accept for infringement. certain lands near Chicago, ill. ; ltlr. TOWNSHEND. This is the old struggle between monopoly and A bill (S. 2806) to authorize the Secretary of the Treasury to cause anti-monopoly which I have witnessed on this floor on patent bills to be examined certain vouchers filed or to be filed by the State of l\lis­ during the last ten years I want to say, Mr. Speaker, that I haYe souri or her agent or agents for sums claimed to be due from the Gov­ never known a case where the interest of the people came in conflict ernment of the United States on account of payments made by said with monopoly on this floor but some one would arise and endeavor to State since April 22, 1882, to the officers and enlisted men of her mili­ create the belief that the bill protecting the rights of the people was tia forces for military services rendered to the United States in the sup- .I

1886. CONGRESSIONAL RECORD-HOUSE. 301 pression of the rebellion, a.s evidenced by the proper pay-rolls heretofore Oates, Rice, Skinner, Wakefield, Peters, Robertson, Stewart, J . W. Wlillnce, filed with, and examined and accepted by, the Government of the Pettibone, Rusk, Storm, Warner, William United States, and to report to Congress; Phelps, Ryan, Taylor, I. H. "eber, A bill (S. 1189) for the relief of Bessie S. Gilmore; and Pidcock, Sawyer, Tucker, White, A. C. Reid. J. W. Scott, Viele, Whiting, A bill (S. 2725) to construct a road tQ the National CeJ?letery at Reese, Shaw, Wait, Woodburn. Corinth, Miss. The message further announced that the Senate had passed without During the roll-call the following additional pairs were announced: amendments the bill and joint resolution of the following titles: Mr. SNYDER with Mr. MILLARD, for the remainder of the day. A bill (H. R. 1813) for the relief of Pattison & Caldwell; and Mr. BALLENTINE with Mr. FUNSTON, for the remainder ofthe day. Joint resolution (H. Res. 67) for the relief of William B. Isaacs & 1tfr. DAVIDSON, of Florida, with Mr. KETCH.A.l\-!1 for the day. Co. Mr. SKINNER with Mr. WAIT, for the day. The message further announced that the Senate had passed with Mr. BURNES with :Mr. . RYAN, on this vote. amendments the bill (H. R. 1659) for the relief of the survivors of the LEAVE TO PRINT. exploring steamer Jeannette, and the widows and children ·of those Mr. BUCK, by unanimous consent, obtained leave to print remarks who perished in the retreat from the wreck of that vessel in the arctic in the RECORD on the bill (H. R. 4434) relating to duties on f.9bacco. seas. , It further announced that the Senate had agreed to a conference with ORDER OF BUSINESS. the House of Representatives on the bill (H. R. 9736) to grant the Mr. TOWNSHEND. Mr. Speaker, I wish to make a parliamentary Maricopa and Phamix Railway Company, of Arizona, the right of way inquiry. What will be the status of this bill if the House shall now through the Gila River Indian reservation, and had ·appointed Mr. adjourn? DAWES, Mr. liAlmiSoN, and Mr. JoNES of Arkansas, as the conferees Several ME\\IBERS. "Regular order." on the part of the Senate. · Mr. TOWNSHEND. Does it come up a.s unfinished business on the next suspension day? . ORDER OF BUSINESS. The SPEAKER. It comes up as the regular business on the next The question was taken on the motion of Mr. MILLS to adjourn; and suspension day. there were-yeas 122, nays 127, not voting 72; as follows: The yeas are 124, the nays 121; so that the motion is agreed to. YEAS-122. The House accordingly (at 4o'clock and 25minutesp. m.)adjourned. Allen, C. H. Davidson, A. C. Jones, J. T. Sayers, Bacon, Dawson, I.JS.ffoon, Seymour, Barbour, Dibble, Lanham, SingletConcurrent resolution of the General Assembly Bliss, Funst.on, Maybury, Spooner, Bound, Geddes, . McComas, Steele, of South Carolina, in favor of the speedy completion of the Charleston Boutelle, Goff, McKenna, Stephenson, Jetties-to the Committee on Rivers and Harbors. Brown, C. E . Grout, McKinley, Stone, W.J., Mo. By Mr. DINGLEY: Petition ofHon. Benjamin Williams, mayor of Brown, W. W. Hall, Milliken, Strait Buchanan, Halsell, Moffatt, Struble, Rockland, Me., and other prominent citizens of Maine, for the estab­ Buck, Hanback, Morrill, Swinburne, J.!shment of a permanent quarantine hospital and sanitarium on Bunnell, Hatch, 1\Jiorrow, Swope, Widows Island, Penobscot Bay, Maine-to the Committee on Naval Burleigh, Haynes, Negley, Symes, Burrows, Henderson, D. B. Nelson, Taulbee, Affairs. Butterworth, Henderson, T. J. O'Donnell, Taylor, E. B. By Mr. DUNHAU: Memorialof-- Pack_ardofNewYork, urging Bynum, Hepburn., O'Hara., Taylor, Zach. laws to improve American Commerce, and relieve the shipping interest Campbell, J. M. Hermann, O'Neill, Charles Thomas, J. R. Cannon, Hilt, O'Neill, J. J. Thomas, 0. B. from its burdens-to the Committee on Commerce. Carleton, Holm9.D, Osborne, Thompson, By Mr. FELTON: Petition of brewers and wine merchants of San Casswell, Holmes, Owen, Townshend, Francisco, Cal., for the allowance of. drawbacks on the exportation of Cobb, Hopkins, Parker, VanSchaick, Conger, Howard, Payne, Wade, imported bottles, corks, &c.-to the Committee on Ways and Means. Cooper, Jack."'on, Payson, Ward,T.B. By Mr. FUNSTON: Petition of Lazarus Spence asking that his war Cutcheon, James, Perkins, Weaver, A. J. claim be referred to the Court of Claims-to the Committee on War Davenport, Johnson, F. A. Pindar, Weaver, J. B. Davis, Johnston, J. T. Pirce, White, Milo Claims. Dingley, Kleiner, Plumb, 'Winans, By Mr. GLASS: Petition of William J. Vaughn, of Obion County, Dunham, La Follette, Ranney, Wolford, Tennessee, asking that his claims be refeued to the Court of Claims­ Eldredge, Landes, Reed, T. B. Worthington. E:lsberry, Lehlbach, Rockwell, to-the same committee. By Mr. HAYNES: Petition of------, for relief from taxes NOT VOTING-72. for improvements-to the Committee on District of Columbia. Adams, J. J. Campbell, Felix Gibson, Eustace Kelley, A:iken, Clardy, Gilfillan, Ketcham, By Mr. D. B. HENDERSON: Papers, letters, and proofS in the claim Allen,J. M. Compton, Glover, King, of Mrs. Clementine Hartinger-to the Committee on Invalid Pensions. Ballentine, Croxton, Grosvenor, Laird, By 1\Ir. HOLMAN: Petition of James R. Bell for original pension­ Bayne, Davidson, R. H. M. Guenther, Lawler, Blanchard, Dockery, Hale, Little, to the same committee. Bland, Dorsey, Harmer, Markham, Also, petition of A. 0. Bachman Post, No. 26; John A. Hendricks Brady, Findlay, Henley, 1\fillard, Browne, T. 1\I. Fleeger, Hiscock, Mitchell, Post, No. 107; and Maj. John N. Patton and 79 other Union soldiers, Brumm, Gallinger, Houk, Muller, for the granting of a pension to Ann P. Hendricks, of Jefferson County, Burnes, Gay, Hudd, Murphy, Indiana-to the same committee. 302 CONGRESSIONAL RECORD-SENATE. DECE:rtiBER 21,

By :ur. IRION: Petition of Francis Bougligny, of Baton Rouge; of Also, papers in the claim of Mrs. Rydia Miller, of Jefferson county, Mrs. Johanna Muckle, of Clinton; and of John Moebius, administrar­ West Virginia--to the Committee on War Claims. tor of Mrs. Irma Brown, deceased, and of Virginia McLaughlin, of By 1\fr. WISE: Papers in the claim of Wm. Bailey, of Cold Harbor, Point Coupe Parish, Louisiana-, asking reference of her claim to the Va.-to the same committee. Court of Claims-to the Committee on War Claims. By 1\lr. WORTHINGTON: Petition of Daniel Tanner, for dependent By Mr. JACKSON: Petition of 151 citizens of New Brighton, Pa., father's pension-to the Committee on Invalid Pensions. asking for the passage of a law to pension the widows of all soldiers who, at the time of their decease, were entitled to pensions or drawing pensions under existing laws-to the Committee on Invalid Pen­ sions. SENATE. By :Mr. LAIRD: :Memorial of the National Cattle Growers' Associa­ tion of America, and of Chicago Live Stock Exchange, protesting TUESDAY, December 21, 1886. against extortionate freight charges on live stock shipped east from Prayer by the Chaplain, Rev. J. G. BuTLER, D. D. Chicago by rail, and asking remedial legislation-to the Committee on Commerce. The Journal of yesterday'~ proceedings was read and approved. By Mr. LONG: Petition of Elizabeth L. Nott, for widow's pension­ EXECUTIVE COMMUNICATIONS. to the Committee on Invalid Pensions. The PRESIDENT pro tem]XYfe laid before the Senate::. communication Also, petition of Leander W. G. Grace, for removal of charge of de­ from the Secretary of the Trea...<:ury, transmitting a report of the Super· sertion-to the Committee on Military Affairs. vising Architect of that Department aa to the necessity of an addi­ By 1\fr. LORE: Petition of Grand Lodge of the Independent Order tional vault for the storage of silver; which, with the accompanying of Good Templars of Delaware in behalf of 900 members, for the passage papers, was referred to the Committet} on Appropriations, and ordered of the bill (S. 1579) relating to intoxicating liquors in the District of to be printed. - Columbia-to the Committee on the District of Columbia. He also laid before the Senate a communication from the Secretary of By Mr. LOWRY: Petition of Ezra A. Bristol, for an invalid pension­ the Treasury, transmitting a letter from the Supervising Architect of to the Committee on Invalid Pensions. that Department in regard to an appropriation for additional ground By 1\I.r. O'DONNELL: Petition of Elizabeth Davy, for removal of at Saint Paul, Minn.; which, with the accompanying report, was re· the charge of desertion-to the Committee on Military Affairs. ferred to the Committee on Public Buildings and Grounds, and ordered By~- CHARLES O'NEILL: Petition of Kate A. Cronin, for the to be printed. removal of the charge of desertion from the record of John Cronin, late He also laid before the Senate a communication from the Secretary of Company F, Fifth Regiment, United States Artillery-to the same of the Interior, transmitting a report of the Government directors of committee. the Union Pacific Railroad Company, and calling attention to sugges­ By Mr. OSBORNE: Resolution of the Merchants' Exchange of tions as to legislation affecting that company and its interests contained Saint Louis, in the interest of trade between the Missic:;sippi Valleys in that report; which, with the a{lC()mpanying report, wa-s referred to and the Central and South American States-to the Committee on the Committee on the Judiciary, and ordereQ. to be printed. Post-Offices and Post-Roads. By Mr. RICHARDSON: PetitionofProfessorW. M. Barkervilleand PETITIONS AND l\1EMORIA.LS. Casimir Zdanowicz, of Vanderbilt University, asking that duty on Mr. BECK. I present the petition of John E. Clements and 20 oth­ books, particularly those printed in foreign languages, be repealed -to ers, citizens of Louisville, Ky., praying for a reduction of the special tax: the Committee on Ways and Means. on oleomargarine. It ought to gototheCommitteeonFina.nce, !think, By Mr. RYAN: Petition of Woman's Christian Temperance Union after reading-it. , of Kansas, for the passage of the Blair educational bill-to the Commit­ The PRESIDENT pro tempore. Similar. petitions ha.ve heretofore tee on Education. been referred to the Committee on Agriculture and Forestry. By Mr. SAWYER: Petition of Mary A. Wicks, for a widow's pen­ Mr. BECK. I beg pardon; that committee has nothing to do with sion-to the Committee on Invalid Pensions. the subject-matter. The petition is very brief. ~nd reads thus: Also, petition for an appropriation for the harbor of Troutsburg, New To the honorable Senate and House of Representatives York-to the Committee on Rivers and Harbors. of the United States in (Jqng1·ess assembled: By 1\fr. SCRANTON: Petition of William Jones, for original pen­ We, the undersigned, respectfully represent that we are consumers of oleo­ sion-to the Committee. on Invalid Pensions. margarine in our own homes. We respectfully petition your honorable bodies By Mr. STEELE: Petition of James Leham, Fort Clark, Tex., and that the annual license tax charged against dealers in oleomargarine, both whole­ sale and retail, be reduced to correspond with the annual license taxes on dealers 300 others, soldiers of the United i3tates Army, asking that the act of in whisky, beer, tobacco, and cigars. And we also request that permission be February 25, 1885, be amended so as to read twenty-five instead of given to dealers to take out license for the sale of oleomargarine by the month, thirty years' service before retirement-to the Committee on Military such privilege being always granted to dealers inspirits and tobaccos. . We call your attention to the manifest unfairness which compels a marketman., or provis· Affairs. ion dealer, or grocer, or any one who sells necessary household snpplies to pay By·l\fr. STEPHENSON: Petition of the officers of the Women's from five to fi.fty times as much license for the sale of oleomargarine ana1 butter Christian Temperance Union of Wisconsin, for the passage of the Blair substitutes as is required from a dealer in whisky, beer, tobacco, or cigars. Also, a dealer who needs a license for one or two months should not be compelled to educational bill this session-to the Committee on Education. pay for an entire year. The tax of two cents per pound on oleomargarine, when By Mr. SYMES: Petition of citizens of Fort Collins, Colo., for the sold by the manufacturer, is ample and abundant to carry out the objects of the passage of the Hatch experiment-station bill-to the Committee on statute without the unreasonable hardships caused by the exorbitant lice~ Agriculture. fees imposed in the law a~ it now stands. By 1\fr. E. B. TAYLOR: Petition of Albert Munsell, for an original That, I insist, is purely a matter for the Finance Committee. pension-to the Committee on Invalid Pensions. The PRESIDENT p1·o temp