1898 .. · CONGRESSIONAL REC-ORD-SENATE. 53

' Jackson, Tenn., in favor of the passage of the so-called anti­ $25,000 will be required for the publication of these reports, and scalpers' bill-to the Committee on Interstate and Foreign Com­ asking favorable consideration by Congress of the same; which merce. was referred to the Committee on Pl·inting, and ordered to be By Mr~ SLAYDEN: Protest of citizens of Gillespie County, printed. Tex., against the annexation of the Philippine Islands-to the LEASE OF PROPERTY UNDER TREASURY DEPA.RTMENT. Committee on Foreign Affairs. The VICE-PRESIDENT laid before the Senate a communica· By Mr. SMITH of Kentucky: Papers to accompany Honse bill tion from the Secretary of the Treasury, transmitting, in compli­ No. 11017, to restore Jesse Everly to the pension rolls-to the ance with the ad of Congress approved March 3, 1879, certain Committee on Pensions. information relative to the leasing of unoccupied and unproduc­ By Mr. STEVENS of Minnesota: Petition of the Chamber of tive property of the United States under his control; which was Commerce of St. Paul and the Board of Trade of Minneapolis, referred to the Committee on Appropriations, and ordered to be Minn., urging measures to promote the ocean carrying trade in printed. vessels under the American flag-to the Committee on the Mer­ CONSIDERATION OF PENSION BILLS. chant Marine and Fisheries. Also, petitions of sundry citizens of Stillwater, Minn., for the Mr: GAL.LINGER. Mr. President, I beg leave to make a improvement of tho St. Croix River from Taylors Falls~ Minn., to request. It is that at the conclusion of the routine morning busi· Prescott, Wis.-to the Committee on Rivers and Harbors. ness to-day the Senate shall proceed to the consideration of unob­ By Mr. VINCENT: Petition of the Salina Commercial Club, of jected cases on the Pension Ualendar, the time to be occupied not Salina, Kans., asking that the "Act to regulate commerce,. be to exceed one hour. amended-to the Committee on Interstate and Foreign Commerce. The VICE-PRESIDENT. Is there objection made to there· By Mr. WEAVER: Petitions of the First Presbyterian Church quest of the Senator from New Hampshire, that immediately and of the Ministerial Association.all of Springfield, Ohio, to main­ after the conclusion of the routine morning business to-day the tain prohibition in Alaska and Indian Territory, and to extend it Pension Calendar shall be taken np for a time not to exceed sixty to our new half-civilized dependencies-to the Committee on minutes? The Chair hears no objection, and the order is made. Alcoholic Liquor Traffic. Mr. VEST. Let me understand the order. Some one was Also, petitions of the Springfield Ministerial Association, First speaking to me. Presbyterian Church, Second Presbyterian Church, Central Meth­ The VICE-PRESIDENT. It is that immediately after the ron· odist Episcopal Church, Young People's Union Meeting, and Sun­ tine morning business to-day the Pension Calendar shall be taken day school teachers, all of Springfiel~ Ohio. for the passage of up for sixty minutes. the Hepburn bill to forbid the transmission by mail or interstate M.r. VEST. I shall make no objection to it. commerce of pictures and descriptions of prize fights-to the Mr. President, I do not want to be captions. I do not set my· Committee on Interstate and Foreign Commerce. self up on a pedestal as a reformer. But I wish to say to the Also. petitions of various churches and religjons societies of Senator from New Hampshire that the practice of passing pen­ Springfield, Ohio, for the passage of the Ellis bill to forbid liquor. sion bills by reading them by title, and with less than a quorum selling on Government reservations, etc.-to the Committee on of the Senate present, must be stopped. Anyone who has read Public Buildings and Grounds. the report of the Commissioner of Pensions will understand why I make this remark. All I shall insist upon hereafter is that ' these pension bills shall be considered as other measures before SENATE. the Senate; not passed with half a dozen Senators present and by reading the title. and~ in a great many instances, without even THURSDAY, December 8, 1898. alluding to the report of the committee. Mr. GALLINGER. If the Senator will permit me, the Senate Prayer by the Chaplain, Rev. W. H . MILBURN~ D. D. will bear me out in the statement that I never have asked that liENRY C. HANSBROUGH, a. Senator from the State of North these bills shall be considered in any other way than as other busi­ Dakota, and JoHN L. MIT~ a Senatorfrom the State of Wis­ ness of the Senate is considered. consin. appeared in their seats to-day. Mr. VEST. I have not made any such statement. The Secretary proceeded to read the Journal of yesterday's pro­ Mr. GALLINGER. I think the Senator is quite right in his ceedings, when, on motion of M.r. HALE, and by unanimous con­ contention that these bills should be read in full, and if any Sen­ sent, the further reading was dispensed with. ator desires a report read, that the report should be read. I quite ADJOURNMENT TO MONDAY, agree with the Senator in his suggestion on that point. F 'or the most part these bills have had very careful consideration, and or­ Mr. HALE. I move that when the Senate adjourn to-day it dinarily it is not thought necessary to read the report. Yet if be to meet on Monday next. any Senator desires a report read, of course it will be read; and The motion was agreed to. the report will not be read, as it is not read in other cases, unless INDUSTRIAL PROPERTY CONVENTION. a request is made. Mr. VEST. The difficulty, Mr. President, has been that when· The VICE-PRESIDENT laid before the Senate a communica. ever these pension bills are taken up all but about half a dozen tion ·from the Secretary of State, transinitti:ng translations of two Senators leave the Chamber. · notes from the legation of Belgium at -washington, with reference We might as well be-entirely frank about this matter. A good to the protocol of the Industrial Property Convention signed at many of us. myself included, have felt great delicacy in interfering Brussels on December 14, 1897, by the delegates of the United as to this pension business, having taken the unsuccessful side in States and those of other representative powers, recommending the civil war. We have, right or wrong-and I take my full share amendment.s and additions to the Convention for the Protection of the responsibility-felt that it was a question to be determined of Industrial Property concluded at Paris March 20, 1883, etc.; by the Senators who had supported the Government. Recent which, with the accompanying papers, was referred to the Com­ events, I am glad to say, have obliterated all sectional differences, mittee on Foreign Relations, and ordered to be printed. and it is conceded upon all hanMassachusetts, praying for the enactment of legislation to pro­ at the opening of to-day's session for the very reason that I desired hibit the sale of liquor in canteens of the Army and Navy and of the Senate might be full when the request was made, and if Sen­ Soldiers' Homes, and in immigrant stations and Government build­ ators do not choose to remain here when these bills are under ings; which were referred to the Committee on Public Buildings consideration it is not certainly the fault of the chairman of the and Grounds. Committee on Pensions, who performs the rather disagreeable Mr. TITRPIE presented petitions of Lafayette Division, No. 302, duty of asking for the passage of the bills. Order of Railway Conductors of America, of Lafayette; of Britton Now, Mr. President, there is not on the Pension c'alendar a Division, No. 138, Order of Rail way Conductors, of Garrett; of Sey­ single bill in which I have the least earthly interest-not one. mour Division, No. 301, Order of Rail way Conductors, of Seymour, But Senators upon both sides of the Chamber have very persist­ and of Wayne Division, No.119, Order of Railway Conductors, of ently asked me during the past two or three days to endeavor to Fort Wayne, all in the State of Indiana, praying for the passage have the Calendar cleared of tha few pension cases that are on of the so-called anti-scalping ticket bill; which were ordered to it, which came over from the last session. · lie on the table. It is true that the pension appropriation is very large; but the Mr. MASON presented a petition of sundry citizens of Saybrook, pension appropriation is very1arge from the fact that Congress Ill., praying for the enactment of legislation to prohibit the sale has been extremely liberal in the general laws it has passed in of liquor in canteens of the Army and Navy and of Soldiers' Homes reference to pensioning the soldiers of the late civil war. The act and in immigrant stations and Government buildings; which was of June 27, 1890, is very largely responsible for the increased pen­ referred to the Committee on Public Buildings and Grounds. sion appropriation, or burden, as some Senators choose to call it. It is not because of the few private pension bills that we pass in BILLS INTRODUCED. Congress. I was surprised a little time ago to notice how small, Mr. MASON introduced a bill (S. 4909) for the relief of Lina comparatively, the number of bills is that Congress has passed Hermig; which was read twice by its title, and, with the accom­ during the past ten years; and I wish I had the figures here. panying paper, referred to the Committee on Claims. Sometimes we think it is very large, but it is not large, and the He also introduced the following bills; which were severally added appropriation is really insignificant. And yet we do re­ read twice by their titles, and, with the accompanying papers, re­ lieve some very worthy claimants, men and women, South as well ferred to the Committee on Military Affairs: as N or th, by passing -these bills. The Senator from Missouri A bill (S. 4910) to correct the military record of Jaques Roellin- speaks of the" wholesale spoliation of the Treasury." I do not ger, alias Jaques Cerman; · agree with him that there has been any such spoliation. The A bill (S. 4911) to correct the military record of Bernhard Franz; money paid to the soldiers has been paid strictly according to law; A bill (S. 4912) for the relief of Lorenzo F. Brown; and and the amount )taid because of private pension bills is not large A bill (S. 4913) for the relief of Joseph Bowman. enough to be the subject of serious discussion. · Mr. MASON introduced the following bills; which were sever­ 1 have no pride about the matter, or specialdesireconcerningit. ally read twice by their titles, and referred to the Committee on If the Senate does not choose to t ake the bills up, I am perfectly Pensions: · content, but these bills having come over from the last session, I A bill (S. 4914) granting a pension to Michael McGrail (with think we ought to give at least one hour to their consideration, accompanying papers) ; and for the reason, particularly, that we have disassociated them A bill (S.4!J15) granting a pension to Joshua Ricketts (with a.n from the General Calendar. We have placed the pension bills accompanying paper); upon a calendar by themselves, and when the General Calendar A bill CS.4916) grantingapension to Mary B. Christopher (with is up they are not reached, and we ought in all justice to give an accompanying papers); hour, occasionally, for their consideration. The other House de­ A bill (S. 4!J17) granting a pension to Morris B. Evans (with ac­ votes one evening each week, three, or four, or five hours, and companying papers); frequently an hour or two during the day, to the consideration of A bill (S. 4918) granting a pension to Jehiel J. Stevens (with ac­ pension bills. Our only opportunity is to ask, as I have asked companying papers); this morning, for a few minutes to consider these bills. What­ A bill (S.4919) granting a pension to Henry H. Lewis (with ever action the Senate chooses to take on the subject will be en­ accompanying papers); tirely agreeable to me. A bill (8. 4920) granting a pension to Charles L. Randall (with The VICE-PRESIDENT. The order has been made, in the ab­ accompanying papers); sence of objection. The presentation of petitions and memorials A bill (8.4921) granting a pension to Frank J. Melton (with an is in order. accompanying paper); 1898. CONGRESSIONAL RECORD-SENATE. 55

A bill (S. 4922) granting a pension to Emma T. Martin (with ac­ by its title, and referred to the Committee on the District of Co- companying papers); and lumbia. - A bill (S. 4923) granting a pension to Lizzie Blackmore (with He also (by request) introduced a bill (S. 4944) to amend the accompanying papers). charter of the City and Suburban Railway Company; which was Mr. STEWART introduced a bill (S. 4924) reserving lands in read twice by its title, and referred to the Committee on the Dis­ Humboldt County, Nev., for reservoir sites, and for other purposes; trict of Columbia. which was read twice by its title, and referred to the Committee Mr. CULLOM introduced a bill (S. 4945) relating to postal on Irrigation and Reclamation of Arid Lands. savings banks in Hawaii; which was read twice by its title, and He also introduced a bill (S. 4925) granting 2,ooo;ooo acres of referred to the Committee on Post-Offices and Post-Roads. land to the State of Nevada for irrigation purposes; which was He also introduced a bill (S. 4946) relating to Hawaiian silver read twice by its title, and referred to the Committee on Irrigation coinage and silver certificates; which was read twice by its title, and Reclamation of Arid Lands. and referred to the Committee on Finance. Mr. MITCHELL introduced a bill (S. 4926) to amend section Mr. TURPIE introduced a bill (S. 4947) to correct the military 5 of the act approved July 5, 1884, entitled "An act to authorize record of Squire B. F. Davis; which was read twice by its title, the location of a Branch Home for Disabled Volunteer Soldiers and, with the accompanying paper, referred to the Committee on and Sailors in either the State of Arkansas, Colorado, Kansas, Iowa, Military Affairs. Minnesota. Missow·i, or Nebraska, and for other purposes; which He also introduced a bill (S. 4948) to correct themilitaryrecord was read twice by its title, and 1·eferred to the Committee on Mil­ of John Jones the second; which was read twice by its title and, itary Affairs. With the accompanying paper, referred to the Committee on Mili­ Mr. HARRIS introduced a bill (S. 4927) granting an increase tary Affairs. of pension to J. B. Coons; which was read twice by its title, and He also introduced a bill (S. 4949) granting a pension to Alex­ referred to the Committ ee on Pensions. _ ander D. Winkler; which was read twice by its title, and, with Mr. VEST introduced a bill (S. 4928) to prohibit-any person the accompanying paper, referred to the Committee on Pensions. while holding a judicial or legislative office under the United Mr. PETTIGREW introduc.ed a bill (S. 4950) to amend the States from being appointed by the President commissioner charter of the Capital Traction Company; which was read twice or agent of the Government or of any Department thereof; which· by its title, and referred to the Comruittee on the District of was read twice by its title, and referred to the Committee on the Columbia. Judiciary. Mr. HANNA introduced a bill (S. 4951) for the correction of Mr. PERKINS introduced a bill (S. 4929) granting an increase muster of Benjamin F. Hasson; which was read twice by its title, of pension to Louise K. Hopkins; which was read twice by its and referred to the Committee on Military Affairs. title, and refened to the Committee on Pensions. Mr. VEST introduced a joint resolution (S. R. 193) instructing Mr. PETTUS introduced a bill (S. 4930) for the relief of the the Joint Committee on Public Buildings and Grounds to inquire estate of William Booth, deceased, late of Alabama; which was and report as to the delay which has occurred in the erection of read twice by its title, and referred to the Committee on Claims. the city post-office in Washington, D. C., and the manner of con­ . Mr. CANNON introduced a bill (S. 4931) to empower Robert structing said building; which was read twice by its title, and Adger and others to bring suit in the Court of Claims for rent referred to the Committee to Audit and Control the Contingent alleged to be due them; which was read twice by its title, and Expenses of the Senate. referred to the Committee on Claims. He also introduced a joint resolution (S. R.194) creating a spe­ . Mr. PETTIGREW introduced a bill (S. 4932) to authorize the cial committee to examine into charges of improper and corrupt construction of a bridge across the Missouri River at or near means having been used to secure contracts from the Government Chamberlain, S. Dak.; which was read twice by its title, and for the sale of vessels and for army supplies; which was read 1·eferred to the Committee on Commerce. twice by its title, and referred to the Committee to Audit and He also introduced a bill (S. 4933) granting an incr~ase of pen­ Control the Contingent Expenses of the Senate. sion to Eli C. Walton; which was read twice by its title, and, with Mr. BURROWS introduced a joint resolution (S. R. 195) au­ the accompanying papers, referred to the Committee on Pensions. thorizing the Secretary of theNavy to pay certain laborers, work­ He also introduced a bill (S. 4934) to reimburse certain settlers men, and mechanics at the United States navy-yards and naval upon_lands in Gregory County, S. Dak.• for abandoned improve­ stations 50 per cent additional for work performed in excess of ments; which was read twice by its title, and, with the accom­ eight hours per diem; which was read twice by its title, and re­ panying papers, referred to the Committee on Indian Affairs. ferred to the Committee on Naval Affairs. He also (by request) introduced a bHl (S. 4935) for the estab­ Mr. HA.NNA introduced a joint resolution (S. R. 196) for the lishment of a national system of post roads, and for the extension­ relief of J. T. Bootes, late lieutenant (junior grade), United States of the Post-Office Department to cover the entire business of pub­ Navy; which was read twice by its title, and, with the accompa­ lic transportation; which wa.s read twice by its title, and referred nying paper, referred to the Committee on Naval Affairs. to the Committee on Post-Offices and Post-Roads. CLAYTON-BULWER TREATY. Mr. GORMAN introduced a bill (S. 4936) for the relief of Henry · R. Walton, administrator of John Walton, deceased, late of An­ Mr. CAFFERY. I offer a resolution, which I ask to have read napolis, Md.; which was 1·ead twice by its title, and referred to and to lie upon the table, subject to call. the Committee on Claims. The resolution was read, and ordered to lie o-n the table, as fol- 1\fr. HOAR introduced a bill (S. 493"7) for the relief of the At­ ~~= - Resolved, That it is the sense of the Senate of the United States that ths lantic W orks, of Boston, Mass.; which was read twice by its title, President enter into negotiations with the Government of Great Britain for and referred to the Committee on Finance. the purpose of abrogating or modifying the Clayton-Bulwer treaty so far and Mr.liAWLEYintroduced a bill (S. 4938) for the reorganization to the extent the same may be deemed to vrevent the United States from of the Army of the United States, and for other purposes; which ~~l{;~~~s~f¥,~;re~.controlling, or operatmg an interoceanic canal across was read twice by its title, and referred to the Committee on Mil­ itary Affairs. MESSAGE FROM THE HOUSE. Mr. CLAY introduced a bill (S. 4939) to enlarge and improve A message from the House of Representatives, by Mr. W. J. the United States public building at Atlanta, Ga.; which was read BROWNING, its Chief Clerk, announced that the House had passed twice by its title, and referred to the Committee on Public Build­ a bill (H. R. 7130) to amend an act entitled "An act to regulate ings and Grounds; commerce;" in which it requested the concurrence of the Senate. He also introduced a bill (S. 4940) appropriating $500,000 to im­ TICKET BROKERAGE. prove the navigation of the Savannah River between the cities of Augusta and Savannah, Ga.; which was read t wice by its title, Mr. CULLOM. I ask that the bill just received from the House and referred to the Committee on Commerce. of Rerlresentatives may be for the present laid upon the table and Mr. WELLINGTON introduced a bill (S. 4941) to place Elijah not referred to any committee. J. M. Button upon the retired list of the United States Navy as a Mr. COCKRELL. Let it be printed. pharmacist , with the rank, privileges, and pay of a warrant offi­ Mr. CULLOM. It will be printed, of course. cer; which was read twice by its title, and referred to the Com­ The bill (H. R. 7130) to amend an act entitled "An act to regu­ mittee on Naval Affairs. late commerce" was read twice by its title, and ordered to lie on He also introduced a bill (S. 4942) to authorize the Maryland the table. Suburban Railway Comp~ny, of Maryland, to extend its line of DAVID R. B. HARLAN. road into and within the District of Columbia; which was read The VICE-PRESIDENT. The morning businesa appears to be twice by its title, and referred to the Committee on the District of closed, and the Pension Calendar is in order. Columbia. The bill (H. R. 9224) increasing the pension of David R. B. Mr. BACON (by request) introduced a bill (S. 4943) to author­ Harlan was announced as first in order on the Pension Calendar, ize the extension of the Ninth street line of the Metropolitan Rail­ and the Senate, as in Committee of the Whole,-proceeded to its con­ road Company on Seventh street extended; which was read twice sideration. It proposes to place on the pension roll the name of 56 CONGRESSIONAL RECORD- ' SENATE. DECEMBER 8,

David R. B. Harlan, late a captain of Company :M, Ninth Missouri Committee ·on Pensions, either as member or as chairman, almost State Militia Volunteer Cavalry, and to pay him a pension of $20 since the time when the act was passed. I will say in reply to the per month, in lieu of the pension he is now receiving. Senator from Ohio that such has been the custom. The committee Mr. COCKRELL. Let the report be read in that case. give very careful attention to the ca~es where pensions have been The VICE-PRESIDENT. The report will be read. allowed under the act of June 27, 1890. I think that no harm has The Secretary read the report submitted by Mr. GALLINGER come from the few cases we have passed, and I apprehend none in June 28, 1898, as follows: the future. The Committee on Pensions. to whom was referred the bill (H. R . 922!) in­ The bill was reported to the Senate without amendment, ordered creasing the pension of David R. B. Harlan, have examined the same and to a third reading, r~ad the third time, and passed. report: The report of the Committee on Invalid Pensions of the Honse of Repre­ THOMAS B. HAMMOND. sentatives, hereto appended, is adopted, and the passage of the bill is recom­ mended. The bill (H. R. 6076) to increase the pension of Thomas.B. Ham­ HOUSE REPORT. mond was considered as in Committee of the Whole. It proposes This bill as amended proposes to increase from $12 to $20 per month the to place on the pension roll the name of Thomas B. Hammond, late pension of David R. B. Harlan, of Nettleton, Caldwell County, Mo., late cap­ of Company H, Twenty-ninth Pennsylvania Infantry, and to pay tain Company M, Ninth Mis ouri State Militia. Volunteer Cavalry, who served from August 28, 1863, to April H, 1865, and was honorably discharged on tender him a pension o.f S30 per month in lieu of that which he now re­ of resignation. ceives. There is no r ecord of any disability in the service, and he has filed no claim The bill was reported to the Senate without amendment, ordered under the general law. He filed and established a claim under the act of June 27, 1890, and was pen­ to a third reading, read the third time, and passed. sioned thereunder at .,6from November 15, 1892, and S12 from October 3, 1894, GEORGE E. WELLES. on account of contraction of ring an!f little fingers of both hands and disease of nervous system. He was last medically examined November 16, 1895, at The bill (H. R. 990) granting an increase of pension to George Chillicothe, Mo., and he was then found to be totally disabled for manual labor by disease of nervous system. He is now totally disabled, but the Pension E. Welles was considered as in Committee of the Whole. Bureau can do nothing for him. The bill was reported from the Committee on Pensions with The following letter shows claimant's present physical and financial condi­ amendments, in line 6, before the word • •the," to strike out "upon" tion: and insert "on;" in line 7, before the word "dollars" to strike out WASHINGTON, D. C., May 18, 1898. ·,' forty " and insert '' thirty;" and in the same line, after the word DEAR Sm: The benefidary of H. R. 9224-, David R. B. Harlan, is physically helpless and financially dependent. I know him. and trust the bill may be "month," to strike out "from and after the passage of this act" favorably considered. and insert "in lieu of that he is now receiving;" so as to make the Very respectfully, bill read: A. M. DOCKERY. Hon. GEO. W. RAY, Be it enacted, etc., That the Secretary of the Interior be, and he hereby isJ Chairman Committee on Invalid Pensions. authorized and directed to place the name of George E. Welles'-late colonel Sixty-eighth Ohio Volunteer Infantry oxr the pension roll ana pay him a While these disabilities are not of service origin, it is proper to increase this $30 soldier's pension to $20 per month on account of his good service and his pres­ pension at the rate of per month in lieu of that he is now receiving. ent necessitous circumstances. The amendments were agreed to. The bill is reported back with the recommendation that it pass. The bill was reported to the Senate as amended, and the amend­ Mr. VE~T. Let me inquii·e of the chairman of the committee ments were concurred in. whether that claim was submitted to the Pension Office and passed The amendments were ordered to be engrossed and the bill to upon there? be read a third time. Mr. GALLINGER. I will say to the Senator that this ex-sol­ The bill was read the third time, and passed, dier, who is from the State of Missouri-and it is a case in which Congressman DoCKERY is greatly interested-is. receiving a pen­ GEORGIE SMILEY. sion now at the maximum rate under the act of June 27,1890, that The bill (H. R. 10316) for the relief of Georgie Smiley was an· having been adjudicated at the Pension Bureau. It is impossible nounced as next in order. for the Bureau to do anything further for him, but in view of his Mr. GALLINGER. Let that bill be passed over. very meritorious services and his exceedingly necessitous condi­ The VICE-PRESIDENT. The bill will be passed over. tion, the House of Representatives generously passed the pending ELLEN STACK. bill, increasing the pension to 820 per month. The bill came to the Senate and the Senate committee concurred in the action of The bill (H. R. 4200) granting an increase of pension to Ellen the House. Stack was considered as in Committee of the Whole. It proposes Mr. VEST. What is he receiving now? to place upon the pension roll the name of Ellen Stack, widow of Mr. GALLINGER. Twelve dollars per month. That is the James Stack, late second lieutenant Company E, One hundred maximum allowed under the act of June 27,1890. and sixty-second Regiment New York Volunteers, and to pay her Mr. VEST. I inquired about the case because I heard the word a pension of $15 per month in lieu of that she is now receiving. "Missouri," and I wanted to know all about it. Mt'. VEST. Let the report be read in that case. Mr. PLATT of Connecticut. I should like to inquire of the The VICE-PRESIDENT. The Secretary will read the report in chairman of the committee whether it has been a common prac­ connection with this bilL tice of the committee and of Congress to recommend increases of The Secretary read the report, submitted by Mr. GALLINGER pensions where. they were granted under the act of 1890. There June 29, 1898, as follows: are a great many persons pensioned under the act of 1890 who are The Committee on Pensions, to whom was referred the bill (H. R. 4200) granting an increase of pension to Ellen Stack, have examined the same and in a physical condition which makes the pension of $12 a month report: quite inadequate for their support. I can see that this case is The report of the Committee on Invalid Pensions of the House of Repre­ likely to be considered somewhat in the light of a precedent and sentatives, hereto appended, is adopted, and the passage of the bill is recom­ mended. that if we are going to increase pensions which have been granted HOUSE REPORT. under the act of 1890 beyond the amount provided in the act, we This bill as amended proposes to increase from $8 to S15 per month the pen­ shall have a great many applicatiQns. I should like to know what sion of Ellen Stack, of the city of New York, the widow of James Stack, late the practice has been in that respect. second lieutenant Company E, One hundred and sixty-second New York Mr. GALLINGER. Mr. President, I will say in reply to the Volunteer Infantry. Soldier enlisted September 3,1862, and was honorably discharged December 19,1864, on account of disability--g"Uru;hot wound. The Senator from Connecticut that the Senate committee is very con­ records show that be was wounded in action April23, 1864. Be was treated servative in the matter of increasing pensions allowed under the ~~e~~!~i~tf~i' i~:f2~;>~~~~~{}~~~;.high, fracture, April23 to May:&; also act of June 27, 1890. We have a rule on that point. I can not He filed anfestablished a claim under the general law for gunshot wound quote it verbatim now, but it is that increases will be allowed right thigh and resulting total disability of right leg, and was pensioned only in cases of extreme destitution and suffering. Wehavegone therefor at $15 from December 20, 1864; $20 from June tl, 11:!66; ~4: from June very slow in the matter. We have, however. made a good many 4,1872; ~from March 3, 1883, and $36 from Augn.st i.1886. He died June 30, 1896. precedents already, and this will be only one more. I presume The widow filed claims July25, 1896, under the general law and act of June that we will take up these cases and consider them in view of the 27, 1890. Claim under general law was rejected Mav 20, 1897, on the ground circumstances surrounding each individual case, and I think we that death resulted from disease of lungs, not due to cause which has been legally accepted (gunshot wound right thigh, and results). will not-legislate in this direction recklessly or to such an extent Claim under the act of June27,1890, was admitted, and this claimant is now as to imperil the Treasury of the United States. pensioned thereunder at $8 per month. Mr. FORAKER.- In order that we may have it properly in the Claimant is 52 years of age and has no income or means of support except her pension. She was married to the soldier December 29, 1863. RECORD, I wish to ask the chairman of the Committee on Pen­ In an affidavit dated August 19, 1b'96, Charles E. Nummack, M.D., testifies sions if this has not been the practice ever since the passage of the that soldier first consulted him professionally August 27, 1892, and was then act of 1890, when there was a meritorious case presented, one that suffering from tuberculosis of the lungs, with complicating ulcer of stoms.ch; that an attack of hematemesis soon followed, and pre~ented soldier from required help beyond what would be allowed under that law, and following his usual vocation for some months by reason of the anremia and if, in such cases. legislation has not been regarded as appropriate. weakness induced by said hemorrhage ; that the soldier recovered, but was I would ask the Senator furthermore if it is not true that the re­ ~~tb~:=~; gf'i~!J:~~lei:"h:P~!d ~~~ f~~!!~:-~~f,~~~~erculosis sult has not been .prejudicial, and there has not been any undue James A. Ferguson, M. D., in au affidavit dated January 27, 1897, testifies d&lmand upon that account. that he attended soldier for chronic gastritis, ~astric ulcer, and fibroid Mr. GALLINGER. I have been connected with the Senate phthisis from May,1894, to June, 1896, and that soldier died of fibroid phthisis, 1898~· , .CONGRESSIONAL RECORD-SENATE. 57 •

which, from tbe symptoms and history of tbe disease, affiant is positive was The Secretary read the report submitted by Mr. GALLINGER of years' duration and was caused by exhaustion and absorption of pus from a compound fracture of tbe right hip joint, caused by minie ball during the July 1, 1898, as follows: war of the rebellion. · . The Committee on Pensions, to whom was referred the bill (H. R. 7595) Your committee is of the o~inion that the soldier's death was the indirect granting a pension to Sarah E. Ward, have examined the same and report: result of disabilities incurred m the service, and that the widow is entitled to The report of the Committee on Invalid Pensions of t.he House of Repre­ Slli per month under the general law. . · sentatives, hereto appended, is adopted, and the passage of the bill is recom The bill is reported back with the recommendation that it pass. mended. Mr. COCKRELL. I should like to ask the Senator in charge of HOUSE REPORT. the bill, the chairman of the Committee on Pensions, if her appli­ This bill as amended proposes to pension at $12 per month Sarah E. Ward, cation under the general law had been granted, what would have of 179 West Eighty-eighth street, New York City, formerly the widow of Wil­ liam H. Wilson. '!'his soldier enlisted May 21,1861, as sergeant in Company I, been the maximum? Eighty-second New York Volunteers, and died in the service March~. 1863, Mr. GALLINGER. Fifteen dollars per month, the rate for a of typhoid fever. It is shown that he was a physician, and at the battle of second lieutenant. Bull Run and at times thereafter his professional services were called into requisition, and he acted as surgeon in caring for sick and wounded soldiers. Mr. COCKRELL. That is the rate for a second lieutenant? . Such service was recognized subsequently to his death, and an act of Congress Mr. GALLINGER. PreciseJythe amount allowed by this bill. was passed in 1866 to pension this claimant as his widow at the rank of first I will say to the Senator from Missouri that, having some knowl­ lieutenant or assistant surgeon. - A claim was ftled by her under the general law, established and admitted, edge of medicin~, I alP. greatly surprise~ that th_e Pension J3ureau and she was pensioned at S8 per month from the date of the soldier's death to did not allow this clrum upon the medical testrmony which was the date of commencement of her pension under special· act, and also was submitted. allowed pension during the period that she had drawn pension under special act of $2 per month for a minor child. Mr. COCKRELL. I have read the report, and I think the com­ January 26, 1875. claimant was remarried to William H. Ward, and tbe mmQr mittee is right. I think the disease that caused his death was child drew the pension from that time until she reached the age of 16 years. certainly traceable to the wound he received. But the point I She thereby abandoned her special -pension. wanted to get at was that if the Pension Office had granted the Claimant's :;econd husband, Wara, died April17, 1889, and it is shown that claimant is now 63 years of age, without means, and dependent for a home application under the general law, then, he being a lieutenant, the upon one who is not bound by law to support her. She is not entitled to over rate would have been S15 a mouth. $12. which is the rate now allowed widows of her class under the general law. Mr. GALLINGER. It would have been $15 a month. T.he bill is therefore reported back with the recommendation that it pass. Mr. COCKRELL. Under the law of June 27, 1890, $8 is the The bill was reported to the Senate without amendment, ordered 'maximum. to a third reading, read the third time, and passed. Mr. GALLINGER. Eightdollarsis themaximumforawidow. The bill was repm·ted to theSenatewithoutamendment, ordered LUCY NICHOLS. to a third reading, read the third time, and passed. The bill (H. R. 4741) granting a pension to Lucy Nichols, was DELLA E. SPAULDING. considered as in Committee of the Whole. It proposes to place The bill (H. R. 7293) granting a pension to Della E. Spaulding on the pension roll the name of Lucy Nichols, late an armynurse, was considered as in Committee of the Whole. It proposes to and to pay her a pension of $12 per month. place on the pension roll the name of Della E. Spaulding, the de­ Mr. VEST. I ask for the reading of the report in that case. pendent and permanently helpless child of Alfred 0. Spaulding, The VJCE-PRESIDENT. The report will be read. late private Company G, One hundred and sixty-first Regiment The Secretary read the report submitted by Mr. GALLINGER New York Volunteer Infantry, and to pay her a pension of $12 July 1, 1898, as follows: per month. The Committee on Pensions, to whom was referred the bill (H. R. !7{1) Mr. VEST. Let the report be read in that case. granting a pension to Lucy Nichols have examined the same and report: The report of the Committee on Invalid Pensions of the House of Repre­ The VICE-PRESIDENT. The report will be read. sentatives, hereto appended, is adopted, and the passage of the bill is recom- The Secretary read the report, submitted by Mr. GALLINGER mended. • June 29, 1898, as follows: HOUSE REPORT. The. Committee on Pensions, to whom was referred the bill (H. R. 7293) This bill proposes to pension at $12per month Lucy Nichols, of New Albany, granting a pension to Della E. Spaulding, have examined the same and Floyd County, Ind. r eport: ~ '!'he claimant served as a nurse from May, 1862, until the close of the war. The report of the Commi~ee on Invalid Pensions of the Ho~e ~f Repre­ She was in field hospital with the Twenty-third Indiana Volunteer Infantry, sentatives, hereto appended, 1s adopted, and the passage of the bill IS recom­ employed by Magnus Brucker, surgeon of said regiment. Her service and .m ended. employment is not denied, but her application was denied at the Bureau be­ HOUSE REPORT. cause she wa~ not employed by the authority recognized by the War Depart­ . This bill, as amended, proposes to pension at $12 per month Della E. Spaul ment as having such power. ding, of Binghamton, N.Y., as the dependent and permanently helpless child The evidence shows that this claimant contracted disabilities in the service of Alfred 0 . Spaulding. from which she has neve-r recovered, and that she is now old, very poor, and The evidence Jiled with your committee, and also at the Bureau of Pen­ unable to earn her living. She has no one on whom she can rely for support. sions. is voluminous. and fully establishes the following facts: She has the confidence and esteem of her neighbors and of those who knew Alfred 0. Spaulding, the soldier, served as private, Company G, One hun­ of her service as a nurse. About fifty old soldiers who know of her valuable dred and sixty-first Regiment New York Volunteer Infantry, from August service join in asking this relief. SO 1862, to September 2(1, 1865, when honorably discharged. He was captured The bill is reported back with the recommendation that it pass. at' the battle of Sabine Crossroads AprilS, 18M; confined at Tyler, Tex., until October 23, 1864, when exchanged. . . The bill was reported to the Senate without amendment, ordered He contracted diseases and disabilities in tbe service in line of duty, from to a third reading, read the third time, and passed. the effects of which he died May 7,1882. He left surviving him a widow and two children, one of whom, thi~ claimant, was over 16 when the father died. GEORGE WITTER. The mother died when this child was 3 years of age. The stepmother remar­ 'ried and died. The soldier lPft no property, and this child IS in necessitous The bill (H. R. 10276) granting an increase of pension to George circumstances and has no one on whom she can depend for support. She is, Witter was considered as in Committee of the Whole. lt proposes and bas been sincethedeathof herfather,supported bythecharityoffriends and distant r elatives. to place on the pension roll the name of George Witter, late pri­ From a congenital deformity of the hips and back, this claimant is, and has vate First Battery Ohio Volunteer Light Artillery, and to pay been. permanently helpless from her infancy-can not and never could earn him a pension of $30 per month in lieu of the pension he is now anything or do any work. Under the rulings of the Pension Bureau and of the Department, she is de­ receiving. nied a pension because over 16 years of age at the date of the soldier father's Mr. VEST. I ask for the reading of the report. death. The VICE-PRESIDE.NT. The report will be read. Your committee have pointed out the defect in the law which pensions such children for life if under 16 when the father die.s, but denies them any . The Secretary read the report submitted by Mr. GALLINGER pension if a day over 16 when such death occurs. · July 1, 1898, as follows: We repeat that the rermanently heJ.ples::~ condition of the child from in­ The Committee on Pensions, to whom was referred the bill (H. R. lre76) fancy, and not the age o the child at the father's death, should determine the granting an increase of p ension to George Witter, have examined the same right of the pension. Pensions are continued to such children for life or dur­ and report: ing the continuance of the disability on the ground that because of such per­ The report of the Committee on Invalid Pensions of the House of Repre­ manent helplessness from infancy they are to be always treated as minors. sentatives, hereto appended, is adopted, and the passage of the bill is recom­ This principle has been declared and approved by the ~enate and House in mended. several cases. A bill has been reported to remedy the defect. The bill is reportt'td back with the recommendation that it pass. HOUSE REPORT. The bill was reported to the Senate without amendment, ordered This bill as amended proposes to increase from $1.7 to $30 per month the to a third reading, read the third time, and passed. pension of George Witter, of Waverly, Tioga County, N.Y., who enlisted August 15V:~• and was honorably discharged May 16, 1865, from First Bat- SARAH E. WARD. te~ ~~n~~t=~d L~:t~~~~~bllshed at the Pension Bureau that while The bill (H. R. 7595) granting a pension to Sarah E. Ward was in the service and line of duty the soldier received a very severe injury of considered as in Committee of the Whole. It proposes to place the back and abdomen and severe deafness of both Pars from the blowing up the name of Sarah E. Ward, formerly widow of William H. Wil­ of a caisson upon which he was riding and during an en~agement with the enemy. By the explosion of thiS' caisson the soldier was thrown into the air, son, late sergeant Company I, Eighty-secondNewYork Volunteer and when he came down, be struck across the wheel, and his back and spine Infantry, upon the pension roll and to pay her a pension of $12 per and abdomen were severely injured and he was made almost totally deaf. month. Being a young man at the time, he recuperated, and after some years his deafness seemed to grow better, but any apparent improvement has always Mr. VEST. Let the report be read. been followed by severe relapses, so that his present condition is much worse The VICE-PRESIDENT. The report will b_e read. than it ever has been. • 58 CONGRESSION:AL RECORD-SENATE. DECE:MBER 8,

At one time the soldier's pension was increased to $22 per month from Claimant was married to the soldier August 13, 1855, and is now 61 years of August 27,1888, but later, an improvement in hearing having been discovered.: age. Soldier committed suicide, and there is no pretense that his death was it was reduced to $17 per month. Very soon thereafter his hearing showea in any way due to his military service; hence the widow could have no pos­ such impairment that he is almost totally deaf, and the condition of the sible claim for :pension under the general law. bowels, Rtomach, and back have grown constantly worse, until he is now As to her claim under the act of June 27, 1890, the act in question provides totally disabled from the performance of any labor, and also suffers constant that where the soldier served ninety days in the war of the rebellion and was pain, and his bowels do not perform their function properly. His nervous honorably discharged, etc., his widow shall be entitled to pension. This soldier condition is very bad, and he is, in fact, a wreck. There is no evidence of so served and was honorably discharged. · vicious conduct on his part, and there is no pretense that he suffers any dis­ It is not believed that desertion from a prior service should be held a bar ability except those of service origin. With increasing years it is only nat­ to her claim in this case. ural that his deafne!'!s should grow worse and that the·other disabilities men­ Evidence has been produced showing that the widow is in needy circum­ tionAd should largely increase. Application for increase was denied at the stances. Bureau of Pensions Apri118, 1898, and he is therefore justified in applying to The bill is therefore reported back with the recommendation that it pass. Congress for merited relief. Soldier has done his best to earn a living and has done everything he could, Mr. COCKRELL. Mr. President, this is rather a remarkable but is now beyond hope of being able to earn a livelihood. His heart and case. Here is the case of a soldier who had enlisted and was lungs are seriously affected as the result of the injury spoken of. He now has locomotor ataxia, or something closely resembling it, which is the result of charged with desertion. He afterwards reenlisted, served his term the injury to his spine. There is no pretense that the locomotor ataxia can faithfully, and was wounded. The Pension Office grants him a be attributed to other causes than the injury received in service. In 1892 he pension under the general law for disabilities received in the serv­ was rated at $22 for injury to the back alone. October20, 1897, the medical ex­ amining board at Elmira, N.Y., rated the soldier at $33 per month for his ice in the line of duty, and pays him a pension of $4 a month. present disabilities. This is one of the best boards in the State of New York, Then, when the law: of June 27, 1890, is pas ed. he applies for a and is composed of surgeons who are in no way interested. This board is out­ pension under that law., and under that law he is again granted a side the county and district where the soldier lives, and can not have been pr~judiced by local infiuences. pension at the rate of $8 per month, and draws that pension until The bill is reported back with the recommendation that it pass. the date of his death. Then his widow applies for a pension, The bill was reported to the Senate without amendment, ordered which has been twice granted to her husband, and the Pension to a third reading' read the third time, and passed. Office refuse to grant her a pension because of the alleged desertion of her husband, when they had twice granted him a pension. FRANCES E. UTLEY DAVIS. Mr. GALLINGER. And the Senator will likewise notice that The bill (H. R.10080) granting a pension to Frances E. Utley the Pension Bureau refused to pay her the accrued pension due Davis was considered as in Committee of the Whole. It proposes her husband at the date of his death, and withheld that from her, t:> place on the pension roll the name of Frances E. Utley Davis, as I think, very unjustly. widow of Eugene M. Utley, sergeant Company F, One hundred Mr. COCKRELL. Mr. President, no true soldier has any sym­ and fourteenth Regiment New York Volunteer Infantry, and to pathy with deserters, bnt I think the action of the Pension Office pay her a pension of $12 per month. in this case has carried the effect of desertion a long way. I Mr. VEST. I would ask the chairman of the committee if that know that great hardships have been endured in other cases be­ is like the case we passed a few moments ago for a widow who cause of a technical construction in regard to them. There is no remarried? earthly reason why, if the Pension Office had done half right, they Mr. GALLINGER. It is a remarriage case, Mr. President: should not have granted this widow a pension of $8 per month. • and the committee favorably considers cases of that kind when it The bill was reported to the Senate without amendment, ordered is shown that the claimant was the wife of a soldier during the to a third reading, read the third time, and passed. war, that her husband died from disabilities or wounds received in battle, and that she is in necessitous circumstances. This claim RACHEL T, ABBOTT. comes under that head, and the committee has reported ·such cases The bill (H. R. 7257) granting a pension to Rachel T. Abbott favorably. was considered as in Committee of the Whole. It proposes to place _,/ Mril VEST. The point I want to inquire about is whether that on the pension roll the name of Rachel T. Abbott, the dependent is the rule of the committee. mother of the late Lieut. Col. Eli T. Conner, Eighty-first Regi­ Mr. GALLINGER. The committee has a rule on that point, ment Pennsylvania Volunteers, and of the late William I. Conner, which I will read. It is as follows: captain Company I, Eighty-first Regiment Pennsylvania Volun­ The committee will not give consideration to any bill which proposes to teers, and of the late Hewitt J. Abbott, first lieutenant Company restore to the roll the name of the widow of a soldier whose pensiOn was for­ I, Eighty-first Regiment Pennsylvania Volunteers, and to pay her feited by remarriage, unless she was the wife of the soldier during the war a pension of $12 per month. . and is now a widow in actual need. The bill was reported totheSenatewithoutamendment,ordered That is the committee's rule, and under that rule this case was to a third reading, read the third time, and passed. allowed. The bill was reported to the Senate without amendment, ordered ELIZA. J. MEAD. to a third reading, read the third time, and passed. The bill (H. R. 2869) granting a pension to Eliza J. Mead was . MARY A. CAULFIELD. considered as in Committee of the Whole. It proposes to place on The bill (H. R.104.5) granting a pension to Mary A. Caulfield the pension roll the name of Eliza J. Mead, widow of James W. was considered as in Committee of the Whole. It proposes to Mead, late third assistant engineer, U.S. S. Dumba1·ton, and to place upon the pension roll the name of Mary A. Caulfield, widow pay her a pension of $10 per month. of Thomas Caulfield, alias Thomas McDonaugh, late of Second .Mr. COCKRELL. Let the report in that case be read. Battery, Massachusetts Light Artillery, and to pay her a pension The VICE-PRESIDENT. The report will be read. of $8 per month. The Secretary read the report submitted by Mr. GALLINGER Mr. COCKRELL. Let the House report in that case be read. July 1, 1898, as follows: The VICE-PRESIDENT. The report will be read. The Committee on Pensions, to whom was referred the bill (H. R. 2869) granting a pension to Eliza J. l\:Iead, have examined the same and report: The Secretary read the I'eport of the Committee on Invalid Pen­ The report of the Committee on Invalid Pensions of the House of Repre• sions of the House of Representatives contained in the report sub­ sentatives, hereto appended, is adopted, and the passage of the bill is recom­ mitted by Mr. GALLINGER from the Senate Committee on Pensions mended. July 1, 1898, as follows: HOUSE REPORT. This bill proposes to pension, at $8 per month, Mary A. Caulfield, of Wor­ This bill proposes to restore to the pension roll, at $10 _per month, the name cester, Mass., the widow of Thomas Caulfield, who served in Company C, of Eliza J. Mead, of Waltham. Mass., as the widow of James W. Mead, who Fifteenth Massachusetts Infantry, from July 12, 1861, to about February U, served as acting third assistant engineer (ranking with midshipman) on the 1864, when it seems that he deserted. He enlisted January 18, 1864, under U.S. S. Dumbm·ton, United States Navy, from July 21, 1864, to Apri118, 1806 the name of Thomas McDonaugh, in tile Twenty-se('ond Independent Bat tery when his resignation was accepted. 1 Massachusetts Light Artillery, in violation of the twenty-second (now fiftieth) He died April 6, 1872, from disease of the liver and bowels, due to malarial article of war. poisoning cont racted in the service, and this claimant filed and esfablished a He was wounded during his second service in the right thigh at Sabine claim as his widow and was pensioned at $10 per month from the date of her Cross Roads, La., in April, 1864:., and entered marine hospital, New Orleans, husband's death to August 25, 1880, and $2 additional on account of one minor La., June 18, 1864, with gunshot flesh wound of right thigh; was furloughed until March 2, 1876, when the child reached 16 years. • July 10, 1864, readmitted September 19,1864, and returned to duty September On the 25th of August she was married to Albert Higgins. She was divorced 26, 1864. from him December 13, 1886, with leave to resume the name of her former The soldier filed and established a claim for gunshot wound right thigh, husband. and was pensioned therefor at S4 per month from June 20,1884 (date of filing), She was married to James W. Mead JanuR-ry 81 1857, and is 61 years of &fl~• until September 1, 1890, when he was allowed a pension of $8 per month under This claimant is now a widow in necessitous Circumstances and a woman the act of June 27,1890, for gunshot wound right thigh, injury right foot, of good character. She was the wife of the soldier during the war. rheumatism, and disease of heart. The bill is therefore reported back with the recommendation that it pass. February 7, 1891, soldier filed a claim for additional pension on account of rheumatism and kidney disease. He died August 3, 1895, and his claim for The bill was reported to the Senate without amendment, ordered additional pension was still pending. He drew pension up to the last quar­ to a third reading, read the third time, and passed. · terly payment before his death. September 21, 1895, the widow filed a claim under the act of June 27, 1890, AUGUSTA TROLAND. but it was rejected May 26.1896, on the ground that soldier was a deserter from such prior service, and is so borne upon the rolls of the War Depart­ The bill (H. R. 9832) granting a pension to Augusta Troland ment. June 25, 1896, the pending claim of the soldier for additional disabili­ was considered as in Committee of the Whole. . ties, which the widow was completing, was rejected on the same ground, and at the same time the widow was denied the accrued pension from the date of The bill was reported from the Committee on Pensions wit~ last payment to soldier to the date of his death, on the same ground. amendments, in line 4, after the word" place,"to strike out'' upon' 1898. CONGR~SSION.AL ·RECORD-SENATE. I .l 59

and insert "on;" and in line 8, ~fter the word ''pension," to insert I The title was amended so as to read: "A bill granting an increa_se "at the rate;" so as to make the bill'read: . of pension to Theodore W. Cobia." Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, MONSON W. BLISS. authorized and directed to place on the pension roll, subject to the provisions and limitations of the pens1on laws, the name of Augusta Troland, widow of The bill (H. R. 5920) granting an increase of pension to Monson Ferdinand Volkman, late private in Company C, Sixth Connecticut Volnn­ W. Bliss was considered as in Committee of the Whole. teers, and pay her a pension at the rate of $12 per month. The bill was reported from the Committee on Pensions with The amendments were agreed to. amendments, in line 4, after the word "and," to strike out "in­ The bill was reported to the Senate as amended, and the amend­ structed" and insert "directed;" and in line 5, before the word ments were concurred in. ';Company," to insert "of;" so as to make the bill read: The amendments were ordered to be engrossed and the bill to Be it enacted, etc., That the Secretary of the Interior oo, and be. is hereby, be read a third time. authorized and directed to place the name of Monson W. Bliss, late of Com­ The bill was read the third time, ~nd passed. pany D, Twentieth Michigan Volunteer Infantry, on the pension roll and pay him a pension at a rate of $24 per month in lieu of the pension he is now MARY A. FREEMAN. receiving. The bill (H. R. 5992) granting a pension to Mrs. Mary A. Free­ The amendments were agreed to. man was considered as in Committee of the Whole. The bill was reported to the Senate as amended, and the amend-. The bill was reported from the Committee on Pensions with ments were concurred in. ame-ndments, in line 6, befortf the name "Mary," to strike out The amendments were ordered to be engrossed and the bill to "Mrs.; " in line 8, after the word "war," to strike out "from and be read a third time. · after the passage of this act" and insert ''and pay her a pension;" The bill was read the third time, and passed. and in line 9. before the word" dollars," to strike out" twelve" MARY C. GARDHEFFNER. and insert" eight;" so as to make the bill read: The bill (H. R. 9322) granting a pension to Mary C. Gardheff­ Be it enacted, etc., That the Secretary of the Interior be, and he hereby is, authorized and directed to place on the pension roll, subject to the proYiRions ner was considered as in Committee of the Whole. and limitations of the pension laws, the name of Mary A. Freeman, widow of The bill was reported from the Committee on Pensions with Andrew V. Pritchard, late a private in Company H, Second Regiment Penn­ amendments. in line 3, after the word "Interior," to insert "be, sylvania Volunteers, Mexican war, and pay her a pension at the rate of $8 per month. and he;" in line 4, before the word" directed," to insert" author­ The amendments were agreed tc. ized and;'' in the same line, after the word "place," to strike out The bill was reported to the Senate as amended, and the amend­ "upon" and insert "on;". and in line 9, after the word "pension," ments were concurred in. to strike out "now being drawn by her'' and insert "that she is The amendments were ordered to be engrossed and the bill to now receiving;" so as to make the bill read: Be it enacted, etc., That the Secretary of the Interior be, and be is hereby, be read a third time. authorized and directed to place on the pension roll the name of Mary C. The bill was read the third time, and passed. Gardheffner, widow of William B. Gardheffner, alias James W. White, late The title was amended so as to read: "A bill granting a pension a private in Company A of the Fourteenth Regiment of Pennsylvania Volun­ teer Cavalry, and pay her a pension at the rate of $12 per month, in lieu of to Mary A. Freeman." the pension that f?he is now receivmg. MARY H. HARBOUR. The amendments were agreed to. The bill (H. R. 7010) granting a pension to Mrs. Mary H. Har­ The bill was reported to the Senate as amended, and the amend­ bour was considered as in Committee of the Whole. ments were concurred in. The bill was reported from the Committee on Pensions with an The amendments were ordered to be engrossed and the bill to amendment, to strike out all after the enacting clause and insert: be read a third time. That the Secretary of the Interior be, and he is hereby, authorized and di­ The bill was read the third time, and passed. rected to place on the pension roll, subject to the provisions and limitations The title was amended so as to rea.d: "A bill granting an in­ of the pension laws, the name of Mary H. Harbour, widow of Samuel B. Har­ bour, late of Company K, Trurd Louisiana Volunteers (Mexican war), and pay crease of pension to Mary C. Gardheffner." her a pension at the rate of $8 per month. Mr. VEST. Mr. President, I suggest the absence of a quorum. The amendment was agreed to. The VICE-PRESIDENT. The absence of a quorum being sug­ The bill was reported to the Senate as amended, and the amend­ gested by the Senator from Missouri, the Secretary will call the ment was concuned in. roll of Senators. · The amendment was ordered to be engrossed and the bill to be The Secretary called the roll, and the following Senators an­ read a third time. swered to their names: The bill was read the third time, and passed. Allison, Fairbanks, Lodge, Pettigrew, Bacon, Faulkner, McBride, Pettus, The title was amended so as to read: "A bill granting a pension Bate, Foraker, McEnery, Platt, Conn. to Mary H. Harbour." Butler, Gallinger, McMillan, Simon, A • .A. PINKSTON. Caffery, Gear, Mallory, Spooner, Cannon, Gorman, Mills, Stewart, The bill·(H. R. 9141) granting a pension to Mrs. A. A. Pinkston Carter, Hanna, Mitchell, Teller was considered as in Committee of the Whole. Chandler, Hansbrough, Money, Tburstc•n, Clay, Harris, Morgan., Turner, The bill was reported from the Committee on Pensions with an Cockrell, Hawley, Morrill, Vest. amendment, to strike out all after the enacting clause and insert: Cullom, Heitfeld, Nelson, Wellington, That the Secretary of the Interior be, and he is hereby, authorized and di­ Elkins, Lindsay, Perkins, Wilson. rected to place on the pension roll, subject to the provisions and limitations The VICE-PRESIDENT. Forty-eight Senators having answered of the pension laws, the name of A. A. Pinkston, widow of Franklin C. Pink­ ston, late of Captain Asher's company of Alabama Volunteers in the Creek to their names, a quorum is present. Indian war, and pay her a pension at the rate of $8 per month. JAMES BURNETT. The amendment was agreed to. The bill (H. R. 10055) granting a pension to James Burnett was The bill was reported to the Senate as amended, and the amend­ considered as in Committee of the Whole. It proposes to place ment was concurred in. on the pension roll the name of James Burnett, dependent father The amendment was ordered to be engrossed and the bill to be of Thomas Burnett, late a private of Company B, Fifth Regiment read a third time. of Tennessee Infantry, and to pay him a pension of $12 a month. The biJl was read the third time, and passed. The bill was reported to the Senatewithout amendment, ordered The title was amended so as to read: •·A bill granting a pension to a third reading, read the third time, and passed. to A. A. Pinkston." ELIZABETH D. PITTMAN, THEODORE W. COBIA. 'l'he bill (Il. R. 5746.) granting a pension to Elizabeth D. Pitt­ The bill (H. R. 6645) to increase the pension of Theodore W. man, was considered as in Committee of the Whole. It proposes Cobia was considered as in Committee of the Whole. to place on the pension roll the na.me of Elizabeth D. Pittman, The bill was reported from the Committee on Pensions with an dependent mother of William E. Potter, late of Company K, Nine­ amendment, to strike out all after the enacting clause and insert: teenth illinois Infantry, and to pay her a pension of S12 per That the Secretary of the Interior be, and he is hereby, authorized and di­ month. rected to place on the pension roll, subject to the provisions and limitations The bill was reported to the Senate without amendment, ordered of the pension laws]...the name of Theodore W. Cob1a,late of Colonel Gordon's to a third reading, read the third ~e, and passed. regiment of South carolina Volunteers in the Florida Indian war of 1836, and pay him a. pension at the rate of $12 per month in lieu of that be is now re­ MARY PAUL. ceiving. The bill (H. R. 7230) granting a pension to Mary Paul was con­ The amendment was- agreed to. sidered as in Committee of the Whole. It proposes to place on The bill was reported to the Senate as amended, and the amend­ the pension roll the name of Mary Paul, dependent mother· of ment was concurred in. John Paul, late a private in Company C, Forty-fifth Regiment of The amendment was ordered to be engrossed and the bill to be illinois Infantry, and to pay her a pension of $8 per month. read a third time. The bill was reported to the Senate without amendment, ordered The bill was read the third time, and passed. to a thh'd reading, read the third time, and passed. 60 CONGRESSIONAL ... RECORD-SENATE. DECEMBER 8,

CATHARINE M'C.A.RTY. Rogers, the other surety, became insolvent, and some of Howgate's The biJI (H. R. 3239) ·for the relief of Catharine McCarty was property got out of the way. AU those things would have dis­ considered as in Committee of the Whole. c~arged a private surety. But, in my judgment, and I be1ieve my· The bill was reported from the Committee on Pensions with fnend the Senator from Kentucky [Mr. LmDSAY), who examined an · amendment, in line. 4, after the word "place," to strike out the bill as a subcommittee, agrees with me, nobody is authorized "upon" and insert "on;" so as to make the bill read: to give such certificates or make such settlements for the United Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, States, and nobody's negligence in bringing suit against debtors authorized and directed to place on the pension ro~ subject to the provisions of the United States discharges their sureties. and limita-tions of the pens10n laws, the name of Catharine McCarty, widow But anoth~r thing: happened which we think is in equity and of John McCarty, late ~riva.te in Company B, First Regiment of Cavalry, Missouri State Militia. Volunteers, and pay her a pension at the rate of $12 o?ght to be m law, if there were a la_w on the subject, a proper per month. discharge. Moses, whose representatives a1·e to be relieved by the · The amendment was agreed to. bill, had a private claim against Rowgate of a few thousand dol·; The bill was reported to the Senate as amended, and the amend­ Jars, which he sued on, enforced, and got judgment. He knew of ment was concurred in. and attached property to a very large amount more, much larger The amendment was ordered to be engrossed and the bill to be than the amount of this bonn. When he got his own judgment read a third time. satisfied, he went to the United States and informed them of the The bill was read the third time, and passed. existence of that property, and thereupon the United States The title was amended so as to read: "A bill granting a. pension brought snit agai~t Howgate, attached the property. and applied to Catharine McCarty." some twenty

Now, that is a. remarkable certificate ~rom a. responsible officer Mr. MORGAN. And I suppose the Senate will take an adjourn­ of the Treasury Department to be sent out when it is absolutely ment very soon, if not immediately, after taking up the bill. I and unqualifiedly false. want to make it the regular order for Monday. Mr. LINDSAY. If the Senator will pardon me, I think it fair Mr. BERRY. It is not the purpose of the Senator to go on with to these officers to say that Howgate's accounts were settled, the bill to-day? and apparently correctly settled, but investigations after these Mr. MORGAN. No. certificates had been given and this letter had been written devel­ Mr. HALE. By Monday there will probably be an important oped the fact that vouchers which han been accepted as correct appropriation bill from the House of Repre3entatives before the were false vouchers, and that the Department had been imposed body, and I do not want anything done now which will in any upon by false vouchers filed by Howgate, showing expenditures way interfere with that. which he never had made. All those discoveries came about after Mr. MORGAN. There never has been any difficulty, Mr. Pres· the date of these certificates. ident, in getting the right of way for appropriation bills here by Mr. COCKRELL. I am very glad that that explanation ha.s unanimous consent, and certainly I will interpose no objection to been made, because it is a most unaccountable thing that any offi­ any appropriation bill. The Senator need have no apprehension cers of our Treasury Department should make such certificates at all about that. when the books upon their face showed an indebtedness and lia­ Mr. PETTIGREW. Do I understand, if this motion prevails, bility. There was a great scandal, as all remember who were the bill referred to will displace the unfinished business? here in 1880 and 1881, over this Howgate matte1·, in which he Mr. MORGAN. I have moved to proceed with the considera­ s·1uandered many thousands of dollars. I wish to ask the Senator tion of the bill, Mr. President. I do not think that is debatable. from Massachusetts, the chairman of the Committee on the Ju­ 1\Ir. PETTIGREW. I move that the Senate adjourn. diciary, if the suits against Howgate by the Government were Mr. MORGAN. I had the floor on the motion I submitted, ever prosecuted to a final disposition, and if the amounts that and I do not think the Senator has the right to now move to were properly realizable were realized and paid into the Treasury? adjourn. .M.r. HOAR. They were, I understand. I am so informed. The VICE-PRESIDENT. The Chair must hold that the Senator Mr. COCKRELL. You know there was a great deal of dilly­ from South Dakota, unless the SenatorfromAlabama is speaking, dallying about the matter, and Howgate escaped and wa.s not has the right to move to adjourn. arrested for years. Finally, I believe, the criminal proceedings Mr. MORGAN. I was not engaged in the articulation of any against him were abandoned. · words, but I had made some observations and a motion which the Mr. HOAR. We did not go into a special inquiry in regard to Chair had not received. the judgment which was obtained, but, as I have stated, there was The VICE-PRESIDENT. The Chair had stated the motion to something realized on it. the Senate when the inquiry came from the Senator from :Maine Mr. COCKRELL. That is what I wanted to get at. The suit [Mr. HALE]. If the Senator from Alabama (Mr. MoRGAN] desires of the Government for the recovery of the amount that was actu­ to proceed with his statement in regard to his motion, the Chair ally due from Howgate was prosecuted to final and favorable thinks the Senator has that right, after which the Senator from action? South Dakota [Mr. PETTIGREW J can be recognized to renew his. Mr. HOAR. I have no doubt it was prosecuted with absolute motion. diligence and fidelity, except in the matter of starting it in time. Mr. PETTIGREW. Of course, if the Senator from Alabama It ought to have been started a. good deal earlier. desires to address the Senate, I will withdraw my motion, but shall The VICE-PRESIDENT. The amendments of the Committee renew it at once after he concludes what he has to say. · on the Judiciary will be stated in their order. Mr. MORGAN. No; I desire to proceed with the consideration The first amendment was, on page 1, line 4, after the word '• de­ of the bill, and that is my motion. ceased,~' to strike out "and Lebbeus H. Rogers;" and in line 7, The VICE-PRESIDENT. The Senator from Alabama has made after the word ••said," to strike out "Rogers and;~' so as to read: that motion. The Senator from South Dakota will be now recog­ That William H. Moses, Harry C. Moses, and Arthur C. Moses, adminis­ nized to make his·motion. trators of William B. Moses, deceased~ be, an.d. are hereby, released from any Mr. PETTIGREW. I renew my motion that the Senate ad­ and all liability to the United States oy the reason of the execution by said :William B. Moses of an inst1·ument purporting to be a bond in the penalty journ. of Sl2,000, bearing date, etc. The VICE-PRESIDENT. The question is on the motion of the The amendment was agreed to. Senator from South Dakota., that .the Senate adjourn. Tne next amendment was. on page 2, line 9, after the word Mr. STEWART. On that motion I call for the yeas and nays. "costs," to strilre out the following: The yeas and nays were ordered, and the Secretary proceeded to call the roll. And that the said Lebbens H. Rogers be, and is hereby, released from all lia­ bility and lien of the jud~ent entered against him in behalf of the United Mr. TURLEY (when his name was called). I am paired with States on said bond on the- day of June, 1886, iu the district court of the the junior Senator from Wisconsin [Mr. SPOONER]. United States for the son thern district of New York, for $13,476, with interest Mr. TURPIE (when his name was called). I inquire whether thereon from the- day of April, 1887, and costs; and the Secretary of the Treasm·y is instructed to be satisfied of record of said judgments. the senior Senator from Vermont [Mr. MORRILL] has voted? The VICE-PRESIDENT. The Senator from Vermont has not The amendment was agreed to. voted. The bill was reported to the Senate as amended, and the amend­ Mr. TURPIE. Being paired with that Senator, I withhold my ments were concurred in. vote. The bill was ordered to be engrossed for a third reading, read The roll call having been concluded, the result was announced­ the third time, and passed. yeas 13, nays 42; as follows: The title was amended so as to read: "A bill for the relief of the administrators of William B. Moses, deceased." YEAS-13. Bate, Lindsay, Sullivan, Wellington. EXECUTIVE SESSION. Caffery, Mills, Teller, Cockrell, Petti~ew, Tillman, Mr. LODGE. I move that the Semite proceed to the considera­ Hoar, Rawlins, Vest, tion of executive busmess. NAYS--42. The motion was agreed to; and the Senate proceeded to the con­ Bacon, Fairbanks, McBride, Perkins, Berry, Faulkner, McEnery, Pettus, sideration of exE>cutive business. After twenty-five minutes spent Burrows,. Foraker, McMillan, Platt, Conn. in executive session the doors were reopened. Butler, Gallinger, Mallory, Proctor, Cannon, Gear, Martin, Simon, THE NIC.A.RAGU.A. CA.N.A.L. Carter, Gorman, Mason, Stewart, Chilton, Hanna., Money, Thurston, Mr. MORGAN. I move that the Senate proceed to the consid­ Clay, Harris, Morgan, Warren, eration of the bill (S. 4792) to amend an act entitled "An act to Cullom, Hawley, Nelson, Wilson. incorporate the Maritime Canal Company of Nicaragua," ap­ Deboe, Heitfeld, Pasco, proved February 20, 1889, and to aid in the construction of the Elkins, Lodge, Penrose, Nicaragua Canal. NOT VOTING-SS. The VICE-PRESIDENT. The Senator from Alabama. moves Aldrich, Gray, Mitchell, Smith, Allen, Hale, Morrill, Spooner. that the Senate proceed to the consideration ot the bill named by Allison, Hansbrough, Murphy, Turley, him. Baker, Jones, Ark. Platt, N.Y. Turner, Mr. HALE. What is the Senator's purpose in having the bill Chandler, Jones, Nev. Pritchard, '.l'urpi'3, Clark, Kenney, Quay, Wetmore, taken upr Does he propose any action upon it, or does he wish Daniel, Kyle, Roach, White, simply to submit remarks? Davis, McLaurin, Sewell, Wolcott. Mr. MORGAN. I propose to have the bill taken up for consid­ Frye, Mantle, Shoup, eration and to make it the regular order of business. I understand So the Senate refused to adjourn. an adjournment has been voted until Monday. Am I correct about The VICE-PRESIDENT. The question recurs on the motion that? of the Senator from Alabama, that the Senate proceed to the con­ Mr. HALE. That has been done. sideration of the bill (S. 4792) to amend an act entitled "An act 62 OONGRESSION:A,L- RECORD-·.· SEN.A-T·E. DECEl\IBER 8,

to incorporate the Maritime Canal Company of Nicaragua," ap­ Theodore Jesup Arms, a citizen of New York, to be an assistant p_!oved February 20, 1889, and to aid in the construction of the paymaster in the Navy, from the 23d day of October, 1898, to fill a Nicaragua Canal. · · · vacancy. The motion was agreed to. P. A. Engineer Frank W. Bar.tlett, to be a chief engineer in the Mr. MORGAN. I wish to ask if the bill has been laid before Navy, from the 19th day of September, 1898, vice Chief Engineer the Senate? Alfred Adamson, retired. . • The VICE-PRESIDENT. The bill is before the Senate as in P. A. Engineer Frederick C. Bieg, to be a chief engineer in the Committee of the Whole . . Navy, from the 11th day of October, 1898, vice Chief Engineer Mr. MORGAN. I move that the Senate do now adjourn. James H. Chasmar, retired. The motion was agreed to; and (at 2 o'clock and 26 minutes P. A. Engineer Howard Gage, to be a chief engineer in theNavy; p.m.). the Senate adjourned until Monday, December 12, 1898, at from the 12th oay of October, 1898 (subject ·to the examinations 12 o'clock meridian. required bylaw), vice Chief Engineer George W. Stivers, retired, Robert Edward Steele, a citizen of Louisiana, to be a chaplain NOMINATIONS. in the N~vy : from the 24th day of October, 1898, to fill a vacancy. Curtis Hoyt Dickins, a citizen of New Hampshire, to be a chap­ Executive nomination.~ 1~eceived by__ t~ Senate. Dece_m,ber 8, 1898. lain in. the Navy, from the 11th day of November, 1898, to fill a ASSISTANT NAVAL CONSTRUCTORS. vacancy. Aaron N. Skinner, a citizen of Illinois, be a professor of mathe· Assistant Naval Const1~ucto1·s Thomas F. Ruhm, Lawrence to Spear, and Frank B. Zahm, to be naval constructors in the Navy, matics in the Navy, from the 30th day of July, 1898, to fill a va· from the 1st day of November, 1898. · · caney. Asst. Naval Constructor Richmond P. Hobson, to be a naval con­ PROMOTIONS IN T.IIE MARINE CORPS. structor in the Navy, from the 23d day of June, 1898. First Lieut. Charles A. Doyen, United States Marine Corps, to Asst. Naval Constructor George H. Rock, to be a naval con­ be a captain in said corps, from the 2d day of June, 1898, vice structor in theNavy, from the 23d day of June, 1898. Capt.·William S . .Muse, .promoted. James W. G. Walker, a citizen of Massachusetts, to be a civil Second Lieut. Austin R. Davis, United States Marine Corps, to engineer in the Navy, from the 29th day of July, 1898. be a first lieutenant in said corps; from the 2d day of June, 1898, Andrew C. Cunningham, a citizen of New York; Harry H. vice First Lieut. Charles A. Doyen, promoted. Rousseau, a citizen of Pennsylvania, and Fred Thompson, a citi· Maj. Robert L. Meade, United States Marine Corps, to be a zen of the District of Columbia, to be civil engineers in the Navy, lieutenant-colonel in said corps, from the 10th day of August, 1898, from the 29th day of September, 1898. vice Lieut. Col. Robert W. Huntington, advanced and promoted. GOVERNOR OF ARIZONA. PROMOTIONS IN THE NAVY. Nathan 0. :Murphy, of Prescott, Ariz., who was appointed July Surg. Nelson M. Ferebee, to be a· me_dical inspector in the Navy, 16, 1898, during the recess of the Senate, to be governor of Ari­ from the 2d day of September, 1~98, vice Medical Inspector John zona, vice Myron H. McCord, resigned. L. Neilson, deceased. LAND COMMISSIONER. P. A. Surg. Isaac W. Kite, to be a surge ~m in the Navy, from Fred Page-Tustin, of Roseburg, Oreg., who was appointed Sep­ the 2d day of September, 1898, vice Surg. Nelson M. Ferebee, tember 16, 1898, during the recess of the Senate, to be a commis­ promoted. sioner in and for the district of Alaska, to reside at Wrangell, vice APPOINTMENTS LL"'i THE NAVY • . Kenneth M. Jackson, resigned. The following-named citizens. to be assistant surgeons in the ROCK CREEK PARK COMMISSIONER. Navy, all to fill vacancies existing in that grade, viz: Richard Weightman, of the District of Columbia, who was ap­ Daniel Goodwin Beebe, of Minnesota, from the 7th day of July, pointed July 15,1898, during the recess of the Senate, to be a com· 18!)8; missioner, as provided for by -the act of Congress approved Sep· Cary Devall Langhorne, of Virginia, from the 7th day of July, tember 27, 1890, entitled "An act authorizing the establishing of 1898; a public park in the District of Columbia," Rock Creek Park com­ Jerome Stuart Chaffee, of New York, from the 21st day of July, missioner, vice R. Ross Perry, resigned. 1898; ' Frederick Lisle Benton, of New York, from the 21st day of PENSION AGENT. July, 1898; Emery F. Sperry, of Knoxville, Iowa, who was appointed July Will Melville Garton, of Iowa, from the 27th day of July,1898; 21,1898, during the recess of the Senate, to be pension agent at Des Frank E. McCullough, of California, from the 10th day of Moines, Iowa, vice Charles H. Robinson, term expired. August, 1898; INDIAN INSPECTORS. Francis M. Furlong, of the District of Columbia, from the 16th Cyrus Beede, of Oskaloosa, Iowa, who was appointed July 16, day of September, 1898; 1898, during the recess of the Senate. to be an Indian inspector, to Granville Louis Angeny, of Massachusetts, from the 16th day fill an original vacancy. of September, 1898; Walter H. Graves, of Denver, Col., who was appointed July 16, William Hemphill Bell, of Wisconsin, from the 16th day of Sep­ 1898, during the recess of the Senate, to be an Indian inspector tember, 1898; (irrigation engineer), to fill an original vacancy. Holton C. Curl, of Califo1·nia, from the 14th day of October, Arthur M. Tinker, of North Adams, Mass., who was appointed 1898. July 16, 1898, during the recess of the Senate, to be an Indian in· William Lisle Bell, of California, from the 16th day of Novem- spect-or, to fill an original vacancy. · ber, 1898. . Richard Cranston Holcomb, of New York, from the 2d day of INDIAN AGENTS. December, 1898.' Augustine W. Ferrin, of"Salamanca, N.Y., who was appointed Paymaster Joseph Foster, to be a pay inspector in the Navy, September 26, 1898, during the recess of the Senate, to be agent from the 15th day of June, 1898, vice Pay Inspector William W. for the Indians of the New York Agency in New York, vice Woodhull, retired. Joseph R. Jewell, term expired. P. A. Paymaster Frank T. A1·ms, to be a paymaster in the George W. Hayzlett, of Laporte City, Iowa, who was appointed · Navy, from the 15th day of June, 1898, vice Paymaster Joseph August 10, 1898, during the recess of the Senate, to be agent fo1· Foster, promoted. the Indians of the Navajo Agency in New Mexico, vice Maj. Con­ Asst. Paymaster John H. :Mel"riam, to be a passed assistant pay­ stant Williams, United States Army, relieved from duty as acting master in the Navy, from the 15th day of June, 1898, vice P. A. Indian agent. Paymaster Frank T. Arms, promoted. Charles D. Keyes, of Wichita Falls, Texas, who was appointed Pay Inspector Ed ward Bellows, to be a pay director in the September 16, 1897, but whose nomination was rejected during Navy, from the 10th day of July, 1898 (subject to the examina­ the last session of .the Senate, and was again appointed July 9, tions required by law), vice Pay Director William W. Williams, 1898, during the recess of the Senate, to be agent for the Indians retired. of the Fort Apache Agency in Arizona, to fill an original vacancy. Paymaster Theodore S. Thompson, to be a pay inspector in the Howell P. Myton, of Salt Lake City, Utah, who was appointed Navy, from the 10th day of July, 1898, vice Pay Inspector Ed­ August 10, 1898, during the recess of the Senate. to be agent for ward Bellows, promoted. the Indians of the Uintah and Ouray Agency in Utah, vice Capt. P. A. Paymaster Thomas H. Hicks, to be a paymaster in the George A. Cornish, United States Army, relieved from duty as Navy, from the 10th day of July, 1898, vice Paymaster Theodore acting Indian agent. S. Thompson, promoted. Charles S. McNichols, of Momence, Ill., who was appointed George Conrad Schafer, a citizen of the District of Columbia, July 27,1897, but whose nomination failed of conJirmation during to be an assistant paymaster in the Navy, from the 10th day of the last session of the Senate, and was again appointed July 9, July, 1898, to fill a vacancy. 1898, during the recess of the Senate, to be agent for the Indians 1898. CONGRESSIONAii RECORD-SENATE. 63 of the C'-olorado River Agency in Arizona, vice Charles E. Davis, Waldo and State of Maine, in the place of· Henry L. Kilgore, resigned. · · - · deceased. .1'1·eu B. Spriggs, of Utica, N.Y., who was appointed October Lewis C. Flagg, to be postmaster at Berwick, in the county of 9, 1897, but whose nomination failed of confirmation during the York and State of Maine, the appointment of a postmaster for the last session of the Senate, and was again appointed July 9, 1898, said office having, by law, become vested in the President on and dming the recess of the Senate, to be agent for the Indians of the after July 1, 1898. Nevada Agency in Nevada, vice Isaac J. Wootten, removed. · Simon J. McKenzie, to be postmaster at Adrian, in the county SURVEYOR-GENERAL, of Nobles and State of Minnesota, in the place of J. E. King, whose commission expires December 12, 1898. Matthew Kyle, of Virginia City, Nev., who was appointed July Benjamin· A. Shaver, to be postmaster at Kasson, in the county 21, 1898, during the recess of the Senate, to be surveyor-general of Dodge and State of Minnesota, in the place of G. B. Healey, of Nevada; vice~ Clayton Belknap, term expired. whose commission expires December 12, 1898. REGISTERS OF THE LAND OFFICE. J. L. Van Wormer, to be postmaster at West Plains, in the Milton R. Moore, of Arizola, Ariz., who was appointed Septem­ county of Howell and State of Missouri, in the place of H. P. ber 26, 1898, during the recess of the Senate, to be register of the White, resigned. land office at Tucson, Ariz., vice Eugene J. Trippel, resigned. George Cross, to be postmaster at Fairbury, in the county of Aaron B. Hunt, of Alameda, Cal., who was appointed August 4, Jefferson and State of Nebraska, in the place of J. C. Kesterson, 1898, during the recess of the Senate, to be register of the land whose commission expires January 10, 1899. office at San Francisco, Cal., vice John P. Dunn, term expired. E. Watts Cushman, to be postmastertat Hamilton, in the county John F. Squire, of Glenwood Springs, Colo., who wa-s appointed of Madison and State of New York, in the place of George Beal; October 6, 1898, during the recess of the Senate, to be register of whose commission expires December 11, 1898. the land office at Glenwood Springs, Colo., vice Jacob B. Phillipi, F. A. Edwards, to be postmaster at Holley, in the county of term expired. Orleans and State of New York, in the place of H. J. BueU, whose Myron D. Taylor, of St. Cloud, Minn., who was appointed Octo­ commission expires December 12,.1898. . ber 8, 1898, during the recess of the Senate, to be register of the Millard D. MeNeil, to be postmaster at Oxford, in the county of land office at St. Cloud, Minn., vice Theodore Bruener, term ex­ Chenango and State of New York; in the place of Herbert Emer­ pired. son, whose commission- expires December 11, 1898. Ole Serumgard, of Devils Lake, N.Dak., who was appointed Matthew Taylor, to be pos~aster at Schenectady, in the county July 15. 1898, during the recess of the Senate, to be register of the of Schenectady and State of New York, in the place of J. T. land office at Devils Lake, N.Dak., vice Reuben Noble, term ex­ Schoolcraft, whose commission expires December 11, 1898. pired. George L. Thompson, to be postmaster at Kings Park, in the RECEIVERS OF PUBLIC MONEYS. county of Suffolk and State of New York, the appointment of a postmaster for the said office having, by law, become vested in the Nicholas J. Trodo, of Canton, Ohio, who was appointed August President on and after October 1, 1898. 16, 1898, during the recess of the Senate, to be receiver of public J. Dales Tullar, to be postmaster at Jordan, in the county of moneys at Circle, Alaska, to fill an original vacancy. Onondaga and State of New York, in the place of S. L. Rockwell, SargentS. Morton, of San Francisco, Cal., who was appointed whose commission expires December 11, 1898. August 4, 1898, during the recess of the Senate, to be receiver of Eugene Vreeland, to be postmaster at Dundee, in the county of public moneys at San Francisco, Cal., vice Edward Hackett, term Yates and State of New York, in the place of H. C. Harpending, expired. whose commission expires December 12, 1898. Edward E. Garrett, of Boise, Idaho, who was appointed October SamuelS. Train, to be postmaster at Albany, in the county of 28, 1898, during the recess of the Senate, to be receiver of public Linn and State of Oregon, in the place ofT. J. Stites, whose com­ moneys at Boise, Idaho, vice Isaac W. Garrett, deceased. mission expires January 4, 1899. Christopher F. Case, of Marshall, Minn., who was appointed George A. McLaughlin, to be postmaster at Jamestown, in the August 4, 1898, during the recess of the Senate, to be receiver of county of Greene and State of Ohio, in the place of Charles Clark, public moneys at Marshall, Minn., vice Georgel\:1. Laing, deceased. whose commission expires January 21, 1899. Frederick E. McKinley, of Albuquerque,N. Mex., who was ap­ Lewis l\I. Riley, to be postmaster at Blanchester, in the county pointed September 16, 1897, but whose nomination failed of con­ of Clinton and State of Ohio, in the place of M. A. Baldwin, whose firmation during the last session of the Senate, and was again commission expires January 21, 1899. appointed July 9, 1898, during the recees of the Senate, to be re­ John H. Bishop, to be postmaster at Millersville, in the county ceiver of public moneys at Guthrie, Okla., vice Thomas H. Cor- of Lancaster and State of Pennsylvania, the appointment of a bett, term expired. • · postmaster for the said office having, by law, become vested in David L. Geyer, of P omeroy, Ohio, who was appointed October the President on and after October 1, 1898. 1, 1897, but whose nomination failed of confirmation during the W.illiam E. Root, to be postmaster at Cambridge Springs, in the last session of the Senate, and was again appointed July 9, 1898, county of Crawford and State of Pennsylvania, in the place of during the recess of the Senate, to be receiver of public moneys W. H. Klie, deceased. at Roswell, N.Mex., vice William H. Cosgrove, term expired. Barney Cannon, jr., to be postmaster at BeUows Falls, in the J ohn Satterlund, of Washburn, N. Dak., who was appointed county of Windham and State of Vermont, in the place of Alfred August 27, 189 , during the recess of the Senate, to be receiver of Dow, whose commission expires December 11, 1898. public moneys at Bismarck, N.Dak., vice Foster M. Kinter, term Lloyd DuBoise, to be postmaster at Vancouver, in the county exnired. of Clarke and State of Washington, in the place of Ralston Cox, Henry E. Baird, of Devils Lake, N. Dak., who was appointed whose commission expired April 27, 1898. July 15, 1898, during the recess of the Senate, to be receiver of G. 0. Jones, to be postmaster at Augusta, in the county of Eau public moneys at Devils Lake, N.Dak., vice Adolph W. Schmidt, Claire and State of Wisconsin, in the place of F. L·. Clarke, re­ term expired. moved. Charles Newell, of Burns, Oreg., who was appointed July 18, Egbert Marks, to be postmaster at Menomonie, in the county of 1898, during the recess of the Senate, to be receiver of public Dunn and State of Wisconsin, in the place of Thomas Stone, whose moneys at Burns, Oreg., vice Anthony A. Cowing, term expired. commission expires January 10, 1899. POSTMASTERS. CALIFORNIA DEBRIS COMMISSIONER. Samuel J. Brun, to be postmaster at Stanford University, in the Col. Samuel M. Mansfield, Corps of Engineers, United States county of Santa Clara and State of California, in the place of E. A. Army, who is now serving under a temporary commission issued Soper, whose commission expires January 9, 1899. during the recess of the Senate, to be a m ember of the California Robert N. Dunn, to be postmaster at Wallace, in the county of Debris Commission, to date from October 15, 1898, vice Suter, re­ Shoshone and State of Idaho, in the place of Mary Foley, whose lieved. commission expires January 18, 1899. l John Clinch, to be postmaster at Elmwood, in the county of MISSISSIPPI RIVER COMMISSIONER. Peoria and State of Illinois, in the place of F. D. Jay, whose com­ John A. Ockerson, of Missouri, who is now serving under a tem­ mission expires January 18, 1899. porary commission issued during the recess of the Senate, to be a · Charles E. Carmody, to be postmaster at Mapleton, in the county member of the Mississippi River Commission, to date from August of Monona and State of Iowa, in the place of W. A. Simmons, 2, 1898, vjce Henry F. Flad, deceased. whose commission expires January 10, 1899. PROMOTIONS AND APPOINTMENTS IN THE ARMY. H. W. Clark, to be postmaster at Tabor, in the county of Fre­ mont and State of Iowa, in the place of John Barbour, whose com­ GENERAL OFFICERS. mission expires January 10, 1899. To be brigadier-generals. William B. Means, to be postmaster at Boone, in the county of Col. Hamilton S. Hawkins (since retired from active service), Boone and State of Iowa, in the place of John Hornstein, resigned. Twentieth Infantry, September 28, 1898, vice Graham, retired Arthur I. Brown, to be postmaster at Belfast, in the county of from active service. 64 CONGRESSIONAL RECORD-SENATE. DECE]rffiER 8, :

Col. Jacob F. Kent (since retired from active service), Twenty­ To be lieutenant-colonels. · fourth Infantry, October 4, 1898, vice Hawkins, retired from Maj. Stevens T. Norvell, Tenth Cavalry, July 1, 1898, vice Ham-. active service. ilton, Ninth Cavalry, killed in battle. Col. Guy V. Henry, Tenth Cavalry, October 11, 1898, vice Cop­ Maj. Wirt Davis, Fifth Cavalry, July 5, 1898, vice McGregor; pinger. retired from active service. Eighth Cavalry, promoted. Col. ·WilliamS. Worth (since retired from active service), Six­ Maj. Henry Wagner, Fifth Cavalry, July 13, 1898, vice Morris; teenth Infantry, October 29, 1898, vice Kent, retired from active Fourth Cavalry, retired from aetive service. service. Maj. Camillo C. C. Carr, Eighth Cavalry, October 16, 1898, vice INSPECTOR-GENERAL'S DEPARTMENT, Whitside, Fifth Cavalry, promoted. To be ins-pectors-general with the 1·ank of rnaj01·. To be majors. Capt. Thomas T. Knox, First Cavalry, July 25, 1898, vice Sanger, Capt. Samuel M. Swi~ert, Second Cavalry, June 30, 1898, vice promoted. Loud, Third Cavalry, retired from active service. Capt. Stephen C. Mills, Twelfth Infantry, July 25, 1898, vice Capt. Joshua L. Fowler, Second Cavalry, July 1,1898, vice Nor­ Garlington, promoted. · vell, Tenth Cavalry, promoted. QUARTERMASTER'S DEPARTMENT, Capt. Richard H. Pratt, Tenth Cavalry, July 1, 1898, vice Forse, To be assistant qua'rtermasters with the 1·ank of captain. First Cavalry, killed in battle. Capt. CharlesL. Cooper, TenthCavalry,July5,1898, viceDavis, First Lieut. Joseph C. Byron, Eighth Cavalry, November 12, Fifth Cavalry, promoted. • 1898, vice Summerhayes, promoted. Capt. Winfield S. Edgerly, Seventh Cavalry, July 9, 1898, vice First Lieut. Winthrop S. Wood, Ninth Cavalry, November 28, Fechet, Sixth Cavalry, retired from active service. 1898, vice True, promoted. Capt. Eugene D. Dimmick, Ninth Cavalry, July 13, 1898, vice SUBSISTE~CE DEPARTMENT. Wagner, Fifth Cavalry, promoted. To be c01mnissary of subsistence with the rank of captain. Capt. Charles Morton, Third Cavalry, September 23, 1898, vice First Lieut. Matt R. Peterson, Sixth Infantry, October 3, 1898, Kellogg, Fourth Cavalry, retired from active service. vice Baldwin, promoted. To be captains. MEDICAL DEPARTMENT. First Lieut. John H. Gardner, quartermaster, Ninth Cavalry, June 30, 1898, vice Swigert, Second Cavalry, promoted. To be assistant surgeon with the rank of first lieutenant. First Lieut. Charles J. Stevens, Ninth Cavalry, July 1, 1898, Weston P. Chamberlain, of Massachusetts, July 23, 1898, vice vice Fowler, Second Cavalry, promoted. Ball, deceased. First Lieut. Guy Carleton, Second Cavalry, July 1, 1898, vice Edward R. Schreiner, of Pennsylvania, July 23,1898, vice Rich­ Pratt, Tenth Cavalry, promoted. ard, promoted. First Lieut. William E. Almy, Fourth Cavalry, July 5, 1898, Ira A. Shimer, of Pennsylvania, July 23, 1898, vice Carter, pro­ vice Cooper, Tenth Cavalry, promoted. moted. First Lieut. Thomas B. Dugan, Third Cavalry, July 9, 1898, Frederick M. Hartsock, of the District of Columbia, July 23, vice Edgerly, Seventh Cavalry, promoted. 1898, vice Rauchfuss, resigned. First Lieut. Alvarado M. Fuller, Second Cavalry, July 13, 1898, Douglas F. Duval, of Maryland, July 23, 1898, vice McCreery, vice Dimmick, Ninth Cavalry; promoted. promoted. First Lieut. John B. McDonald, Tenth Cavalry, September 23, Clarence J. Manly, of New York, July 23, 1898, vice Ebert, pro· 1898, vice Morton, Third Cavalry, promoted. moted. Samuel M. Waterhouse, of New York, July 23, 1898, vice Brooke, To be first lieutenants. retired from active service. Second Lieut. Joseph T. Crabbs, Eighth Cavalry, July 1, 1898, David Baker, of Illinois, July 23, 1898, vice Gibson, promoted. vice Stevens, Ninth Cavalry, promoted. Albert E. Truby, of New York, July 23, 1898, vice Gorgas, pro­ Second Lieut. William J. Glasgow, First Cavalry, July 1, 1898, moted. vice Carleton, Second Cavalry, promoted. Eugene H. Hartnett, of New Jersey, July 23, 1898, to fill an Second Lieut. FrankS. Armstrong, Ninth Cavalry, July 1,1898, original vacancy. vice Shipp, Tenth Cavalry, killed in battle. Henry E. Wetherill, of Pennsylvania, July 23, 1898, to fill an Second Lieut. James G. Harbord, Fifth Cavalry, July 1, 1898, original vacancy. . . vice Smith, Tenth Cavalry, killed in battle. Richard P. Strong, of Maryland, July 23, 1898, to fill an ongmal Second Lieut. John O'Shea, Seventh Cavalry, July 5, 1898, vice vacancy. Almy, Fourth Cavalry, promoted. PAY DEPARTMENT. Second Lieut. ~Matthew A. Batson, Ninth Cavalry, July 9,1898, To be paymaster with the rank of majo1·. vice Elliott, Fourth Cavalry, retired from active service. Second Lieut. Ervin L. Phillips, Sixth Cavalry, July 9, 1898, vice William W. Gilbert, of New York, November 3, 1898, vice Dugan, Third Cavalry, promoted. Jackson, retired from active service. Second Lieut. Frank Tompkins, Seventh Cavalry, July 13,1898, ORDNANCE DEPARTMENT, vice Fuller, Second Cavalry, promoted. To be ji1·st lieutenants. Second Lieut. Samuel D. Rockenbach, Tenth Cavalry, July 31, Second Lieut. Jay E. Hoffer, Third Artillery, October 4, 1898, 1898, vice Ryan, Ninth Cavalry, appointed quartermaster. vice Benet, promoted. Second Lieut. Robert C. Williams, First Cavalry, August 2, 1898, Second Lieut. Kenneth Morton, Thh·d Artillery, October 4, 1898, vice Littebrant, Seventh Cavalry, appointed quartermaster. vice Gibson, promoted. Second Lieut. George W. Cole, Seventh Cavalry, August23, 1898, Second Lieut. Clarence C. Williams, Sixth Artillery, October 4, vice Osborne, First Cavalry, deceased. · 1898, vice Babbitt, promoted. . . .A:RTILLERY ARM. Second Lieut. Samuel Hof, Suth Cavalry, October 4, 1898, VICe To be captains. Lissak, promoted. First Lieut. Eli D. Hoyle, Second Artillery, September 18,1898, Second Lieut. William H. Tschappatt, Fifth Artillery, October vice Capron, First Artillery, deceased. 4, 1898, vice Dunn, promoted. First Lieut. Granger Adams, Fifth Artillery, September 19, 1898, Second Lieut. John H. Rice, Third Cavalry, November 21, 1898, vice Simpson, Seventh Artillery, appointed assistant adjutant­ vice Thompson, promoted. . general. Second Lieut. David M. King, Fourth Artillery, November 21, To be first lieutenants. 1898, vice Wheeler, promoted. SecondLieut. Harry H. Stout, Sixth Cavalry, November21, 1898, Second Lieut. LeRoy S. Lyon, Second Artillery, Se-ptember 18, vice Peirce, promoted. 1898, vice Hoyle, Second Artillery, promoted. Second Lieut. Thales L. Ames, Third Artillery, November 21, Second Lieut. Andrew Hero, jr., Fourth Artillery, September 1898, to fill an original vacancy. 19, 1898, vice Adams, Fifth Artillery, promoted. Tq be post chaplain. CAVALRY ARM. Capt. William A. Mercer, Eighth Infantry, to be captain, Octo­ The Rev. Henry A. Brown, of Arizona, November 4, 1898, vice ber 14, 1898, to rank from August 7,1897, vice Parker, transferred Galloupe, resigned. to the Eighth Infantry. CAVALRY ARM. Second Lieut. Guy V. Henry, jr., Fourth Infantry, to be second To be colonels. lieutenant, September 26, 1898, to rank from April 26, 1898, vice Lieut. Col. Thomas McGregor, Eighth Cavalry, July 5, 1898, Glasgow, First Cavalry, promoted. vice Perry, Ninth Cavalry, retired n·om active service. Second Lieut. Walter B. Scales, Fifteenth Infantry, to be sec­ Lieut. Col. Samuel M. Whitside, Fifth Cavalry, October 16, ond lieutenant. September 26, 1898, to rank from April 26, 1898, 1898, vice Henry, Tenth Cavalry, appointed brigadier-general. vice Phillips, Sixth Cavalry, promoted. 1898. CONGRESSIONAL- RECORD-· SENATE. 65 ·

Second Lieut. William D. Forsyth, Nineteenth Infantry, to be Alfred B. Maclay, of New York, vice Bamford, Fifth Infantry, second lieutenant, October 25, 1898, to rank from September 9, promoted. Resigned August 19, 1898. 1898, vice Harbord, Fifth Cavalry, promoted. Charles R. Hickox, of New York, vice Hutton, Second Infantry, Second Lieut. Conrad S. Babcock, Sixth Artillery, to be second entitled topromotion. Resigned August 26, 1898. lieutenant, October 31, 1898, to rank from September 27, 1898, PROMOTIONS IN THE ARMY, vice Williams, First Cavalry, promoted. INFANTRY ARM. INFANTRY ARM. Capt. Montgomery D. Parker, Seventh Cavalry, to be captain, To be colonels. October 14, 1898, with rank from August 7, 1897, vice Mercer, Lieut. Col. Edgar R. Kellogg, Tenth Infantry, to be colonel, transferred to the Seventh Cavalry. June 30, 1898, vice Cochran, Sixth Infantry, retired from active ­ Second Lieut. Woodson Hocker, Fifth Artillery, to be seco;nd service. lieutenant, November 21, 1898, to rank from October 11,1898, VICe Lieut. Col. Richa1·d Cornba, Twelfth Infantry, to be colonel, McGrew, Eleventh Infantry, promoted. June 30, 1898, vice Cook, Fifth Infantry, retired from active ARTILLERY ARM, service. · · Lieut. Col. Harry C. Egbert, Sixth Infantry, to be colonel. July To be second lieutenants to fill 01·iginal vacancies, to rank from 1, 1898, vice Wikoff, Twenty-second Infantry, killed in battle. July 9, 1898, Lieut. Col. Edwin M. Coates, Sixteenth Infantry, t-o be colonel, Carroll F. Armistead, of Arkansas. July 23, 1898, vice Benham, Seventh Infantry, retired from active James B. Mitchell, of New York. service. Rush. S. Wells, of South Dakota. Lieut. Col. George M. Randall, Eighth Infantry, to be colonel, Herbert J. Brees, of Wyoming. August 8, 1898, vice Poland, Seventeenth Infantry, deceased. William F. Stewart, jr., of Virginia. Lieut. Col. WilliamS. Worth, Thirteenth Infantry, to be colonel, Charles H. Whipple, jr., of Minnesota. August 11, 1898, vice Theaker, Sixteenth Infantry, retired from J osE~ph B. Douglas, of Maryland. active service. Hudson T. Patten, of New York. Lieut. Col. William M. Wherry, Second Infantry, to be colonel, Harrison Hall, of Ohio. August 30, 1898, vice Van Horn, Eighth Infantry, deceased. Edward Kimmel, of Washington. Lieut. Col. John H. Patterson, Twenty-second Infantry, to be Wright Smith, of Delaware. colonel, September 28, 1898, vice Hawkins, Twentieth Infantry, John R. Procter, jr., of Kentucky. appointed brigadier-general. William M. Copp, of New York. Lieut. Col. Henry B. Freeman, Fifth Infantry, to be colonel, Henry T. West, of Wisconsin. October 4, 1898, vice Kent, Twenty-fourth Infantry, appointed Henry F. Boutelle, of Washington. brigadier-general. Frederick W. Phisterer, of New York. Lieut. Col. Clarence M. Bailey, Eighteenth Infantry, to be Robert H. C. Kelton, of Connecticut. colonel, November 1, 1898, vice Worth, Sixteenth Infantry, ap­ Peter C. Hains, jr., of Maryland. pointed brigadier-general. Winfred B. Carr, of Vermont. Percy P. Bishop, of Tennessee. To be lieutenant-colonels. Henry J. Hatch, of Michigan. Maj. Thomas M. K. Smith, First Infantry, to be lieutenant­ Elmer -J. Wallace, of South Dakota. colonel, June 30, 1898, vice Kellogg, Tenth Infantry, promoted. William F. Hase, of Wisconsin. Maj. Jacob H. Smith, Second Infantry, to be lieutenant-colonel, David McCoach, of Pennsylvania. June 30, 1898, vice Comba, Twelfth Infantry, promoted. William R. Doores, of New York. . · Maj. Charles W. Miner, Sixth Infantry, to be lieutenant-colonel, Alfred A. Starbird, of Maine. July 1, 1898, vice Egbert, Sixth Infantry, promoted. . · - James F. Howell, of Iowa. Maj. William H. McLaughlin, Sixteenth Infantry, to be lieu­ - John C. Goodfellow, of the District of Columbia. tenant-colonel,,July 23, 1898, vice Coates, Sixteenth Infantry, pro­ Ralph P. Brower, of Illinois. moted. Ward B. Pershing, of Illinois. Maj. Charles Hobart, Fifteenth Infantry, to be lieutenant­ Guy T. Scott, of West Virginia. colonel, August 8,1898, vice Randall, Eighth Infantry, promoted. John T. Geary, of Kentucky. Maj. John N. Coe, Twenty-first Infantry, to be lieutenant­ Morrell M. Mills, of Virginia. colonel, August 11, 1898, vice Worth, Thirteenth Infantry, pro­ Charles R. Lloyd, jr., of California. moted. Edward Carpenter, of Pennsylvania. Maj. James M. J. Sanno, Third Infantry, to be lieutenant­ Robert R. Wallach, of the District of Columbia, colonel, August 11, 1898, vice Bainbridge, Fourth Infantry, re­ George Williams, of lllinois. tired from active service. Woodson Hocker, of Missouri. Maj. WilliamS. McCaskey, Twentieth Infantry, to be lieutenant­ Henry M. Merriam, of Washington. colon~l, August 30,1898, vice Wherry, Second Infantry~ promoted. Oliver L. Spaulding, of Michigan. MaJ. Charles F. Robe, Fourteenth Infantry, to be lieutenant­ Hanson B. Black, of West Virginia. colonel, September 16, 1898, vice Haskell: Seventeenth Infantry, Conrad H. Lanza, of the District of Columbia. deceased. . C. Stuart Patterson, jr., of Pennsylvania. Maj. Philip H. Ellis, Thirteenth Infantry, to be lieutenant-colo­ Charles S. Haight, of _New York. nel, September 17,1898, vice Hobart, Eighth Infantry, retired from Arthur F. Cassells, of the District of Columbia. active service. Harry P. Wilbur, of Pennsylvania. Maj. Charles Porter, Fifth Infantry, to be lieutenant-colonel, Harry L. James, of New York. September ~8, 1898, vice Patterson, Twenty-second Infantry, pro­ Elijah B. Martindale, jr., of Indiana. moted. Charles P. Faulkner, of West Virginia. Maj. Mott Hooton, Twenty-fifth Infantry, to be lieutenant­ Earle W. Tanner, of the District of CQlumbia. colonel, October 4, 1898, vice Freeman, Fifth Infantry, 'promoted. Henry C. Evans, of Tennessee. Maj. William M. Van Horne, Eighth Infantry, to be lieutenant­ To rank from September 9, 1898. colonel, November 1, 1898, vice Bailey, Eighteenth Infantry, pro­ moted. John W. Kilbreth, jr., of New York. To be majors. APPOINTMENTS IN THE ARMY, Capt. Ira Quinby, Eleventh Infantry, to be major, June 30; 1898, ARTILLERY ARM. vice Smith, First Infantry, promoted. · - To be second lieutenant. Capt. Alpheus H. Bowman, Ninth Infantry, to be major, June Lyman M. Ba-ss, of Colorado, July 9, 1898, to fill an original 30, 1898, vice Smith, Second Infantry, promoted. _ vacancy. Resigned September 20, 1898. Capt. Folliot A. Whitney, Eighth Infantry, to be major, July 1, 1898, vice Miner, Sixth Infantry, promoted. INFANTRY ARM, Capt. Joel T. Kirkman, Tenth Infantry, to be major, July 23, To be second lieutenants, to rank from July 9, 1898. 1898, vice McLaughlin, Sixteenth Infantry, promoted. Edwin C. Hoyt, of Missouri, vice Wells, Eleventh Infantry, pro­ Capt. John B. Guthrie, Thirteenth Infantry, to be major, August moted. Resigned September 30, 1898. 8, 1898, vice Hobart, FHteenth Infantry, promoted. James M.A. Darrach, of New York, vice Phillips, Eleventh In­ Capt. Morris C. Foote, Ninth Infantry, to be major, August 11, fantry, promoted. Resigned September 24, 1898. 1898, vice Coe, Twenty-first Infantry, promoted. Gerard B. Happen, of New York, vice Ham, Fifth Infantry, Capt. Edmund Rice, Fifth Infantry, to be major, August 11, promoted. Resigned November 3, 1898. 1898, vice Sanno, Third Infantry, promoted. · William S. Simpson, of Texas, vice Stephens, Tenth Infantry, Capt. Charles G. Penney, Sixth Infantry, to be major, August _· promoted. Resigned October 13, 1898. _ . 15, 1898, vice Conrad, Eighth Infantry, deceased. . XXXII-5 .

66 OON.GRESSION AL RECORD- SENA.TE. DECEMBER 8,

Capt. William H. H. Crowell, Sixth Infantry, to be major, First Lieut. George P. Ahern, Twenty-fifth Infantry, to be cap- August 22, 1898, vice Gilbreath, Eleventh Infantry, deceased. tam, June 30, 1898, vice Bowman, Ninth Infantry, promoted. To be captains. To be forst lieutenants. First Lieut. John Stafford, Eighth Infantry, .to be captain, April Second Lieut. Charles RA Krauthoff, Fourteenth Infantry~ to be 26, 1898, vice Savage, Eighth Infantry, promoted: first lieutenant, April 26, 1898, to iill original vacancy. First Lieut. Edward 0. C. Ord, Twenty-second Infantry, to be Second Lieut. Albert C. Dalton, Twenty-second Infantry, to be captain, April 26, 1898, to fill original vacancy. first lieutenant, April 26, 1898, vice Hodge;,, Twenty-second In- First Lieut. John A. Dapray, Twenty-third lnfanb·y, .to be cap- fantry, promoted. tain, April26, 18!)8, to fill original vacancy. Second L:eut. Joseph C. Castner, Fourth Infantry, to be .first . First Lieut. Francis J. Kernan, Twenty-first Infantry, to be lieutenant. April26, 1898, to fill original vacancy. captain, April26, 1898, to fill orjginal vacancy~ Second Lieat. Edward Sigarfoos, Fjfth Infantry, to befil'st lieu- First Lieut. Robert H. Anderson, Ninth Infantry, to bs captain, tenant, April 26, 1898, vice Chatfield, Fifth Infantry, promoted. Aprii 26, 1898, to fill original vacancy. Second Lieut. Arthur W. Yates, Ninth infantry, to befirstlieu- First Lieut. Chase W. Kennedy, Third Infantry, to be captain, tenant, April 26, 1898, vice Dodds, Ninth Infantry, promoted. April26, 1898, vice Wilhelm, Eighth Infantry, :promoted. Seeond Lieut. Edward A. Shuttleworth. Eleventh Infantry, to First Lieut. Thomas W. Griffith, Eighteenth Infantl'y, to be be first lieutenant, April26, 1898, vi.oe Penrose, Eleventh Infantry, captain, April26, 1898, vice Potte1·, Eighteenth Infantry, promoted. promoted. First Lieut. George W. Mciver, Seventh Infantry, to be cap- Second Lieut. Frederick W. Fu.,ooer, Thirteenth Infantry, to be tain, April26, 1898, to fill original vacancy. first lieutenant, AprH 26, 1898, vice Saffold, Thirteenth Infantry, First Lieut. Marion B. Saffold, Thirteenth Infantry, to be cap- promoted. tain, April26, 18!>8, vice Auman, Thirteenth Infantry, promoted. Second Lieut. John Howard. Nineteenth Infantry, to be first First Lieut. Wilds P. Richardson, Eighth Infantry, to be cap- lieutenant, April26, 1898, vi-ce Rowan, Nineteenth Infantry, pro- tain, April26, 1898, to fill original vacancy. mated. First Lieut. Charles H. Barth, Twelfth Infantry, to be captain, Second Lieut. Ralph H. Van Deman, Twenty-first Iniantry, to Ap1'il 26, 1898, vice Craigie, Twelfth Infantry, promoted. 'be tirst lieutenant, April 26, 1898, vice Parke, Twenty-first In- First Lieut. Omar Bundy, Third Infantry, to be captain, Ap1'il fantry, promoted. 26, 1898, to fill original vacancy. Second Lieut. David P. Cordray, Seventeenth Infantry, to be First Lieut. Everard E. Hatch, Eighteenth Infantry, to be cap- first lieutenant, April 26, 1898, vice Howe, Sev-enteenth Infantry, tain, April 26, 1898, to fill original vacancy. . promoted. _ First Lieut. David C. Shanks, Eighteenth Infantry_, to be cap- Second Lieut. Peter E. Marquart, Second Infantry, to be first tain, April 26, 1898, to fill original vacancy. 'lieutenant, April26, 1898, to fill original va~ncy. First Lieut. William H. Allaire, Twenty-third Infantry, to be Second Lieut. William Brooke, Fourth Infantry, to be first captain, April '26, 1898, to fill oxiginal vacancy. lieutenant, April 26, 1898, to fill original vacancy. First Lieut. Lorenzo P . Davison, Eleventh Infantry, to be cap- Second Lieut. John S. Murdock, Twenty-fifth Infantry, to be tain, April26, 1898, to fill original vacancy. first lieutenant, April 26, 1898, to fill original vacancy. First Lieut. Willson Y. Stamper, Twenty--first Infantry, to be Second Liaut. Harrison J. Price, Twenty-fourth Infantry, to be captain, April26, 1898, to fill ol;'iginal -vacancy. first lieutenant, April 26, 1898, vice Brett, Twenty-fourth In- First Lieut. Wjlliam F .. Blauvelt, Fifteenth Infantry, to be cap· ian try, promoted. · tain, April 26, 18U8, vice Brinkerho-ff., Fifteenth Infantry, pro- Second Lieut. William H. Simons, Sixth Infantry, to be first rooted. lieutenant, April26, 1898, to fill original vacancy. First Lieut. Joseph B. Batchelor, jr., Twenty-fourth Infantry, Second Lieut. William M. Crofton, First Infantry, to be first to be captain, April26, 1898., to fill original vacan~y. lieutenant, April 26, 1898, vice Vogdes, First Infantry, promoted. First Lient. Henry C. Hodges, jr..., Twenty-second Infantry, to Second Lieut. John F. Madden, Fifth Infantry, to be first lieu· be captain, April26, 1898, to fill ·original va~ncy . ,tenant, April26, 1898, to fill original vacancy. First Lieut. James T. Kerr, Seventeenth Infantry, to be cap~ Second Lieut. William Wallace, Seventh Infantry, to be first tain. A-pril26, 1898, to fill original-vacancy. lieutenant, April 26, 1898, vice Greene, Seventh Infantry, retired Fil'Bt LieutA Robert L. Hirst, Eleventh Infantry, to be captain, from active service. . April26, 1898, to fill original vacancy. . Second Lieut. Ferdinand W. Kobb8, Twenty-third Infantry, t o First Lieut. Edward Lloyd, Fifteenth Infantry, to be captain, be first lieutenant, April 26, 1898, vice Allaire, Twenty-third In- April26, 1898, to fill original vacancy. · fantry, promoted. First Lieut. William N. Hughes, Thirteenth Infantl·y, to be Second Lieut. William H. Wass&ll, Twenty-second Infantry, to captain, April26, !898, to fill original vacancy. be first lieutenant, Apri126, 1808, vice Patten, Twenty-second In~ First Lieut. Albert B. Scott, Thirteenth Infantry, to be captain, fantry, promoted. April26, 1898, to fill original vacancy. Second Lieut. John MeA. Palmer, Fifteenth Infantry, to be :first First Lieut. Harris L. Roberts, Nineteenth Infantry, to be cap- lieutenant, April26, 1898, vice May, Fifteenth Infantry, promoted. tain, .April26, 1898, to fill original-vacancy. Second Lieut. John K. Miller, Eighth Infantry, to be first lieu- First Lieut. Walter H. Chatfield, Fifth Infantry, to be captain, tenant, April 26, 1898, vice Stafford, Eighth Infantry, promoted, April26, 1898, to fill original vacancy. Second Lieut. Traber Norman, Eighth Infantry, to be first lieu~ First Lieut. John F . Morrison, TwentiethInfantry, to'be-capta.in, tenant, April 26, 1898, vice Richardson, Eighth Infantry, pro- April 26, 1898, to .fill original vacancy. rooted. . First Lieut. Andrew 8. Rowan, Nineteenth Infantry, to be cap- Second Lieut. Horace )L Reeve, Third Infantry, to be first lieu~ tain, April26, 1898, to fill original vacancy. tenant, April26, 1898, vice Avery, Third Infantry, promoted. First Lieut. Frank B. Andrus, Fourth Infantry, to be captain, Second Lieut. Willard E. Gleason, Sixth Infantry, to be first April 26, 1898, to fill original vacancy. lieutenant, April 26, 1898, to fill original vacancy. First Lieut. Frederick T. Van Liew, Second Infantry, to be eap- Second Lieut. William Newman. Thirteenth Infantry, to be tain, April 26, 1898, to fill original "mcaney. first lieutenant, April26, 1898, vice Hughes, Thirteenth Infantry, First Lieut. Daniel F. Anglum, Twelfth Infantry, to be captain, promoted. April26, 1898, to fill original vaca.ncy. Second Lieut. Frank A. Wilcox. First Infantry, to be first lieu- First Lieut. John Cotter, Fifteenth Infantry, to be captain, Ap1·il tenant, April26, 1898, vice Connolly, First Infantry, retired from 26, 1898, to fill original vacancy. active service. First Lieut. Benjamin Alvord, Twentieth Infantry, to be cap- Second Lieut. John J. O'Connell, Twenty-first Infantry, to be tain, April 26, 1898, to fill original vacancy. first lieutenant, April26, 1898, vice Hearn, Twenty-first Infantry, First Lieut. William H. Sage, Twenty-third Infantry, to be cap- promoted. tain, April26, 1898, to fill original vacancy. Second Lieut. Henry G. Cole, Twenty-third Infantry, to be first First Lieut. George H. P atten, Twenty-second Infantry, to be lieutenant, April 26, 1898, vice Sage, Twenty-third Infantry, pro- captain, AprH 26, 1898, to fm original vacancy. moted. First Lieut. Magnri.s 0. Hollis, Fourth Infantry, to be captain, Second Lieut. Hansford L. Threlkeld, Thirteenth Infantry, to be April26, 1898, to fill original vacancy. first lieut-enant, April 2o, 1898, vice Scott, Thirteenth Infantry, First Lieut. James A. Goodin Seventh Infantry, to be captain, promoted. . May 2, 11::!98, vice Hill, Twenty-fifth Infantry deceased. Second Lieut. Peter W. Davison, Twenty-second Infantry, to be First Lieut. Charles L. Collins, Eleventh Infantry, to be cap- first lieutenant, Apri126, 1898, to fill original vacancy. tain, May 27, 1898, vice Heyl, Twenty-third Infantry, appointed Second Lieut. Marcus B. Stokes., 'l'enth Infantry, to be first assistant adjutant-general. lieutenant, April 26, 1898, vice Kirby, Tenth Infantry, promoted. First Lieut. Richard R. Steedman, Sixteentn Infantry, to be Second Lieut. John H. Pm·ker, Thirteenth Infantry, to be first captain, J une 30, 1898, vice Quinby, Eleventh Infantry, promoted. lieutenant, April26., 1898, to fill original :vacancy. 1898. CONGRESSIONAL REC-ORD-SENATE. 67

Second Lieut. Jehn.. E. Woodward,_Sixteenth Infantry, to be Second Lieut. Mathew E._ Saville, Tenth Infantry-, ta be first first lieutenant, April 26, 1898, vice· Dunning,. Sixteenth Infantry, Iieutenant, April 26, 1898, vice Stottler,. Tenth Inf.antr.y;. retired promoted. from active-ser-vice. · Second Lieut. Frederic T ~ Stetson, Fourth Infantry, to be first Second Lieut. William H. Mullay, Twenty-fust Infantry, to ba lieutenant, April 26,. 1898, vice Frenc~ Third Infantry, promo~ed. first lieutenant, April26_, 1898, vice Kernan, T wenty-first Infantry, Second Lieut. James T. Moore,. Third Infantry,. to be first heu.- promoted. tenant, April26, 1898, vice Fremont, Third Infantry, promoted. Second Lieut. Frank E. Bamford, Fifth Infantry, ta be first Second Lieut. William D. Davis, Seventeenth Infantry, ta be lieutenant, April 26_, 1898, vice Cotte1:, Fifteenth Infantry, pro­ first lieutenant, Apri126, 1898-, vice Grumley, Se.venteenth Infan- moted. try, retired from active service. Second Lieut. Fredrik L. Knudsen, Eighth. Infantry, t0 be first: Second Lieut. George MeD. Weeks, Fifteenth Infantry, to be lieutenant, April26, 1898, to fill original vacancy. first lieutenant, April26, 1898; vice Blauvelt~ Fifteenth Infantry, Se.cond Lieut. Frank H. Lawton, Twenty-first Infantry, to be promoted. first lieutenant, April26, 1898, vice Stamper, 'l'wenty-first Infan- Second Lieut. Isaac Erwin, Sixteenth Infantry, to be first l~Em- try, promoted. tenant, April26, 1898, vice Cowles, f?ixteentli Infantry, P!-"omo~ed. Second Lieut. Charles W. Castle, Sixteenth Infantry, to be first Second Lieut. Samuel V. IThm, Fifth Infantry, to be first lieu- lieutenant, April26, 1898, to fill origfual vacn.ncy. tenant , April26, 1898, to fill original vacancy. Second Lieut. Paul B. Malone, Thirteenth Infantry, to be fi·rst Second Lieut. Gemge H. McMaster, Twenty-fourth Infantry, lieutenant, April26, 1898, to fill original vacancy. to be first lieutenant, April26, 1898, vice Hovey, Twenty-fourth Second Lieut. S . .J. Bayard Schindel, Sixth Infantry, to be first Infantry, promoted. lieutenant, April26, 1898, vice Kennedy, Third Infantry, promoted. Se ~ ond Lieut. Robert W. Mearns, Twentieth Infantry, to be Second Lieut. John F. Preston, jr., Sixteenth Infantry, to be first lieutenant, Apri126~_ 1898, vice Morrison, Twentieth Infantry,. first lieutenant, April 26, 1898, vice Mciver, Seventh Infantry, promoted. promoted. . Second Lieut. Wilbur E. Dove, Twelfth Infantry, to be first Second Lieut. Frederick G. Lawton, Nineteenth Infantry, to be lieutenant, April 26, 1898, vice Angium, Twelfth Infantry, pro- first lieutenant, April26, 1898, to· fill original vacancy. d Second Lieut. Charles F. Crain, Ninete.en.th. Infantry; ta be fh:s.t mote ·· N. t th I f tr t b fi t li~utenant-, April 26, 1898, to fill original vacancy, Second Lieut. James Ronayne,_ me: een nan y, 0 e rs Second Lieut. Frank S. Cocheu, Twelfth Infantry, to bEJ first lieutenant, April 26, 1898, to fill original vacancy. lieutenant, April 2u, 1898, to fill original vacancy. Second Lieut. William J. Lutz, Second Infantry, to be first Second Lieut. .OraE _Hnnt, Fom:teenth Infantry, to be first lien• lieutenant, April 26, 1898, to fill original vacancy. Second Lieut. Henry L. Kinnison, Twenty-fifth Infantry, to be tenant, April26, 1898, vice Shanks, Eighteenth_In.fantry, promoted. fill · · al Second Lieut; John C. McArthur, Second Infantry, ta be first first lieutenant, April.26y 18 9 8 'to origm vacancy. lieutenant,. April26, 1898, vice Bundy, Thi:udWantry~ promoted. Second Lieut. Guy G. Palmer, Sixteenth Infantry, to be: first Second Lieut. Frank D. Ely, Thirteenth Infantry, to be first. lieutenant, April26, 1898, vice Chandler, Sixteenth Infantry, pro- lieutenant, April 26, 1898, vice Anoorson·,. Ninth Infantry,. pro- moted. moted. 8econd Lieut. Orrin R. Wolfe., Twenty-second rnfan.try, to be SecondLieut.EdwinBell,Eighthinfantry,to.befirstlieutenant; first lieutenant, April 26, 1898, to fill original vacancy. April26~, 1898, to fill original vacancy. Second Lieut. John F. Stephens, Tenth_ Infantry, to be firsi; nd..L" t Oth0 B R b s th Infa tr b fir,_ lieutenant, April 26, 1898, vice Cl-arke, Tenth Infantry, promoted. Se..co Ian • • osen aum, even n y-.,. to e· a .. . Second Lieut. Howard L. Laubach, Twenty-third Infantry, to lieutenant, .April26, 1898, to fill original vacancy. be first lieutenan~April 2.6., 1898, to-:6.11 ozigin:alvac.ancy. Second Lieut. George H. Estes, jr., Twentieth Infantry, to be Second Lieut. Elmer W. Clark, Fourteenth.Infantry, to be first first lieutenant, April26, 1898, vice Alvord, Twentieth Infantry, . Inf promoted. lieutenant, April 26, 189.8, vice Hatch, Eighteenth antry,. pr.o- Second Lieut. Dana W. Kilburn, First· fufantry, to be first lieu· moted. tenant, April26, 1898, to fill original vacancy. Second Lieut. Louis B. Lawton, Ninth Infantry, to be fu·st lieu- Secand Lieut. Oliver Edwards, Eleventh Infantry, to be first tenant, April26, 1898, vice Noyes, Nint'h Infantry, ~romoted. lieutenant, Aprii 26, 1898, vic:e Davison, Eleventh Infantry, pro- Secund Li'eut: Amos H. Martin, First- Infantry, to be first lieu- moted. tenant, April26, 1898, to. fill original vacancy. Second Lieut. Thomas W. Connell, Ninth Inf'antry, to be first Second Lieut. Thomas L. S'mith, Seventeenth Infantry, t.o be lieutenant, .April 26, 1898, to fill original vacancy. first lieutenant, April26" 1898, vice Dickinson, Seventeenth Infan- S.ecorid Lieut. John s. Battle, Eleventh Infantry, to be first try, promoted. lieutenant, April26, 1898, vice Hirst-, Eleventh Infantry·, promoted. S.econcl Lieut Arthur. M._Edwards,. Third Infantry, to. be first S'econd Lieut. Charles L. Bent, First Infantry, to be first lieuten· lieutenant, April26, 1898, vi'ce Bell, Third rnfantry, promoted:. anty April26, 1898, to fill original vacancy. Second Lieut. Howard R. Perry, Sevente&nth Infantry, to_be Second Lieut. William E. Welsh, Eighth Infantry,. to be. first. first lieutenant, April 26, 1898, vice Kerr, Seventeenth Infantry, lieutenant, April 26, 1898, vice Shollenberger, Tenth Infantry, promoted. promoted. Second Lieut. George R. Houle, Third Infantry, to be first lieu- Second Lieut. Frederick G. Stritzinger, jr., Twenty-third In· tenant, .April26, 189.8, viee· McCoy, Third Infantry,_prom-oted~ fan try, to be first lieutenant, April 26, 1898, to fill original vacancy. Second Lieut. Lincoln F. Kilbourne, First Infantry, to be first Second Lieut. Charles C. Smith, Twentieth Infantry, to be first lieutenant, April26, 1898, to fill original vacancy. lieutenant, April. 26, 1898, to fill original vacancy. Second Lieut. Verling K. Hart, Seventeenth Infantry, to be first Second Lieut. Frank L. \Yells, Eleventh Infantry, to be-fu·st lieutenant, April26, 1898, to fill original vacancy. lieutenant, April26, 1898, to fill original vacancy. Second Lieut. Robert E. L. Spence, Sixteenth Infantry, to be Second. Lieut. Br-iant H. Wells, Second Infantry, to be first first lieutenant, April 26, 1898, vice Wright, Sixteenth Infantry, lieutenant, April26, 1898, to fill original vacancy. promoted. Second Lieut. John W. Barker, Third Infantry, to be first lieu- Second Lieut. William C. Rogers, Se-venth Infantry, to be first tenant, April26, 1898, to fill original vacancy. lieutenant, .April 26, 1898, viae Howell, Seventh Infantry, pro- Second Lieut. Ralph R. Stogsdall, Fourth Infantr.y, to be first moted. lieutenant, April 26, 1898, to fill original vacancy. Second Lieut. Frank B. McKenna, Fifteenth Infantry, to be Second Lieut. James P. Harbeson, Twelfth Infantry,. to be first fu·stlieutenant, April26, 1898, vice Lloyd, Fifteenth Infantry, pro- lieutenant, April2G, 1898, to fill original vacancy. moted. Second Lieut. Hugh D. Wise·, Ninth Infantry, ta be first lieu- Second Lieut. George H. Jamerson, Seventh Infantry, to be first tenant, April 26, 1898, to fill original vacancy. lieutenant, April 26, 1898, vice Barbour, Sev:enth Infantry, pro- Second Lieut. Pegram Whitworth, Eighteenth Infantry, to be moted. first lieutenant, April26, 1898, to fill original vacancy. Second Lieut. Edward C. Carey, Sixteenth Infantry; to be first Second Lieut. James A. Moss, Twenty-fifth Infant:ry, to be first lieutenant, April 26, 1898, to fill original vacancy. lieutenant, April 26 1898, to fill original vacancy. Second Lieut. Edward Taylor, Twelfth Infantry, to be first Second Lieut. ffiysses G. Worrilow, Twentieth Infant1·y, to be lieutenant, April 26, 1898, vice Winn, Twelfth Infantry, ap- first lieutenant, April26, 1898, to fill original vacancy.· pointed adjutant. Second Lieut. Frank J. Morrow, Fifth Infantry, t-o be first lieu- Second Lieut . Hamilton A. Smith, Third Infantry, to l:>e first tenant, April26, 1898, to fill original vacancy. lieutenant, April26, 1898, vice Beacom, Third Infantry, promoted. Second Lieut. William A. Raibourn, Fourth Infantry, to he firs.t Second Lieut. Hunter B. Nelson, Twenty-fourth Infantry, to be lieutenant, April26, 1898, to· :fill original vacancy. first lieutenant, April 26, 1898, vice Batchelor, Twenty-fourth. In- Second Lieut. David G. Spur.gin, Twenty-firstlnfantry, to be first fantry, promoted. ·lieutenant, April 26, 1898, to fill original vacancy. Second Lieut. Albert Laws, Twenty-fourth Infantry, to be first Second Lieut. James A. Lynch, Fifteenth Infantry, ta: be. first lieutenant, April26, 1898, to fill original v&mncy, ·lieutenant, April26,.1898,. to fill original vacancy. 68 CONGRESSIONAL RECORD-SENATE. DECEl\IBER 8,

Second Lieut. John W. L. Phillips, Eleventh Infantry, to be first To be fi·rst lieutenants, to rank fr0'11t July 5, 1898. lieutenant, April 26, 1898, to fill original vacancy. Second Lieut. Charles W. Kutz, vice Riche, promoted. Second Lieut. Henry C. Clement, jr. (now serving under the Second Lieut. Meriwether L. Walker, vice Rees, promoted. name of Harry Clement), Twenty-second Infantry, to be first Second Lieut. Robert P. Johnston, vice Potter, promoted. lieutenant, April 26, 1898, to fill original vacancy. Second Lieut. Robert R. Raymond, vice Shunk, promotE:d. Second Lieut. Robert S. Offi.ey, Tenth Infantry, to be first lieu­ Second Lieut. William B. Ladue, vice Lucas, promoted. tenant, May 2, 1898, vice Goodin, Seventh Infantry, promoted. Second Lieut. William J. Barden, vice Jervey, promoted. Second Lieut. Edgar F. Koehler, Ninth Infantry, to be first lieu­ Second Lieut. Edward H. Schulz, vice Meyler, promoted. tenant, May 12, 1898, vice Little, Fourteenth Infantry, appointed Second Lieut. HaiTy Burgess, vice McKinstry, promoted. commissary of subsistence. Second Lieut. Murray Baldwin, Eighteenth Infantry, to be first ORDNANCE DEPARTMENT. lieutenant, May 27, 1898, vice Collins, Eleventh Infantry, pro­ To be colonel, to rank from July '7, 1898. moted. Lieut. Col. Joseph P. Farley, to fill an original vacancy. INSPECTOR-GENERAL'S DEPARTMENT. To be lieutenant-colonels, to 1·ank from July '7, 1898. Lieut. Col. Henry W. Lawton, inspector-general, to be inspector­ general with the rank of colonel, July 7, 1898, to fill an original Maj. John R. McGinness, vice Farley, promoted. vacancy. Maj. Frank H. Phipps, to fill an original vacancy. Maj. Joseph P. Sanger, inspector-general, to be inspector-gen­ To be rnajm·s, to rank from July 7, 1898. eral with the rank of lieutenant-colonel, July 7,1898, vice Lawton, Capt. Charles S. Smith, vice McGinness, promoted. promoted. Capt. Stanhope E. Blunt, vice Phipps, promoted. 1.Iaj; Ernest A. Garlington, inspector-general, to be inspector­ Capt. Frank Heath, to fill an original vacancy. general with the rank of lieutenant-colonel, July 7, 1898, to fill an ·Capt. Daniel M. Taylor, to fill an original vacancy. original vacancy. To be captains, to 1·ank j1·om July 7, 1898. QUARTERMASTER'S DEPARTMEl'<"T . First Lieut. Charles B. Wheeler , to fill an original vacancy. Lieut. Col. AmosS. Kimball, deputy quartermaster-general, to First Lieut. WilliamS. Peirce, to fill an original vacancy. be assistant quartermaster-general with the rank of colonel, No­ vember 13, 1898, vice Gilliss, deceased. SIGNAL CORPS. Maj. Daniel D. Wheeler, quartermaster, to be deputy quarter­ Lieut. Col. Henry H. C. Dunwoody, to be colonel, July 8, 1898, master-general with the rank of lieutenant-colonel, November 11, to fill an original vacancy. 1898, vice WilHams, deceased. · Maj. Robert Craig, to be lieutenant-colonel, July 8, 1898, vice Maj. Charles R. Barnett, quartermaster, to be deputy quarter­ Dunwoody, promoted. master-general with the rank of lieutenant-colonel, November 13, Capt. James Allen, to be major, July 8, 1898, vice Craig, pro­ 1898, vice Kimball, promoted. moted. Capt. John W. Summerhayes, assistant quartermaster, to be To be captains. quartermaster with the rank of major, November 11 , 1898, vice In accordance with section 7 of the act of Congress approved Wheeler, promoted. October 1, 1890, they having served fourteen years continuously as Capt. Theodore E. True, assistant quartermaster, to be quarter­ lieutenants: master with the rank of major, November 13, 1898, vice Barnett, First Lieut. Joseph E. Maxfield, July 22, 1898. promoted. First Lieut. Frank Gree1;1e, July 22, 1898. SUBSISTENCE DEPARTMENT. APPOINTMENTS AS SECOND LIEUTENANTS. Maj. Frank E. Nye, commissary of subsistence, to be assistant To datej1·om July 9, 1898. commissary-general of subsistence with the mnk of lieutenant­ colonel, September 9, 1898, vice Willard, retired from active William B. Folwell, of Minnesota, vice Martin, First Infantry, service. promoted. Capt. William H. Baldwin, commissary of subsistence, to be William K. Naylor, of Minnesota, to fill original vacancy. commissary of subsistence with the rank of major, September 9, Bryan Conrad, of Montana, vice Lazelle, Eighteenth Infantry, promoted. 1898, vice N ye, promoted. William H. Oury, of Nebraska, vice Cole, Ninth Infantry, pro· MEDIC.AL DEPARTMENT. moted. Capt. William C. Gorgas, assistant surgeon, to be surgeon with Harry A. Eaton, of West Virginia, vice Norman, Eighth Infan· the rank of major, July 6, 1898, vice White, retired from active try, promoted. . service. Campbell King, of Georgia, vice Kilbourne, First Infantry, pro­ Capt. William H. Arthur, assistant surgeon, to be surgeon with moted. Tenney Ross, of District of Columbia, vice Edwards, Third in- the rank of major, August 23, 1898, vice McCreery, deceased. fantry, promoted. · CORPS OF ENGINEERS. George C. Martin, of District of Columbia, vice O'Connell, To be colonel, to rank from July 5, 1898. Twenty-first Infantry, promoted. Edward E. Downes, of Texas, vice Kilburn, First Infantry, Lieut. Col. Samuel M. Mansfield, to fill an original vacancy. promoted. To be lieutenant-colonels, to rank from July 5, 1898. Robert 0. Van Horn, of Ohio, vice Smith, Seventeenth Infan­ Ma.j. Alexander 1\I. Miller, vice Mansfield, promoted. try, promoted. Maj. Milton B. Adams, to fill an original vacancy Ezekiel J. Williams, of Georgia, vice Madden, Fifth Infantry, Maj. William R. Livermore, to fill an original vacancy. promoted. William K. McCue, of Kentucky, vice Bent, First Infantry, To be ma}ors, to rank from J uly 5, 1898. promoted. Capt. Walter L. Fisk, vice Miller, promoted. Moor N. Falls, of North Carolina, vice Whitworth, Eighteenth Capt. Solomon W. Roessler, vice Adams, promoted. Infantry, promoted. Capt. George McC. Derby, vice Livermore, promoted. Edgar A. Macklin, of Missouri, vice Edwards, Eleventh Infantry, Capt. James L. Lusk, to fill an original vacancy. promoted. Capt. Frederic V. Abbot, to fill an original vacancy. Joseph W. Glidden, of Maine, vice Castner, Fourth Infantry, Capt. Thomas L. Casey, to fill an original vacancy. promoted. Capt. Theodore A. Bingham, to fill an original vacancy. John R. R. Hannay, of Minnesota, vice Houle, Third Infantry, promoted. . To be captains, to rank from July 5, 1898. HenryS. Wygant, of Kentucky, vice Smith, Third Infantry, pro- First Lieut. Charles S. Riche, Vice Fisk, promoted. moted. . First Lieut. Thomas H. Rees, vice Roessler, promoted. James M. Graham, of California, vice Battle, Eleventh Infantry, First Lieut. Charles L. Potter, vice Derby, promoted. promoted. First Lieut. Fl·ancis R. Shunk, vice Lusk, promoted. Joseph L. Gilbreth, of Idaho, vice Krauthofi, Fourteenth In­ First Lieut. Eugene W. Van Lucas, vice Abbot, promoted. fantry, promoted. First Lieut. Hem·y Jervey, vice Casey, promoted. FrederickS. L. Price, of Georgia, to fill original vacancy. First Lieut. James J. Mayler, vice Bingham, promoted. Charles F. Humphrey, jr., of District of Columbia, vice Perry, First Lieut. Charles H. McKinstry, to fill an original vacancy. Seventeenth Infantry, promoted. First Lieut. William V. Judson, to fill an original vacancy. Willey Howell, of Arkansas, vice Brooke, Fourth Infantry, pro­ First Lieut. E. Eveleth Winslow, to fill an original vacancy. moted. First Lieut. Clement A. F. Flagler, to fill an original vacancy. Benjamin J. Tillman, of S()uth Carolina, vice Rosenbaum, Sev­ First Lieut. Chester Harding, to fill an original vacancy. enth Infantry, promoted. 1898. -coNGRESSIONAL RECORD-SENATE. 69

George J. Holden, of Vermont, vice Stokes, Tenth Infantry, Louis S. D. Rucker, jr., of Michigan, vice Lynch, Fifteenth promoted. I-nfantry, promoted. William R. Webb, of New Y01·k, vice Palmer, Sixteenth In­ Edward A. Bumpus, of Massachusetts, vice Spurgin, Twenty­ fan try, promoted. first Infantry, promoted. · Harry E. Whitney, of Iowa, vice Lafitte, First Infantry, pro­ Louis E. Hill, of Ohio, to fill original vacancy. moted. Harry F. Dalton, of :Massachusetts, vice Koehler, Ninth Infan­ Arthur Cranston, of District of Columbia, vice Hart, Seven­ try, promoted. teenth Infantry, promoted. Robert E. Frith, of illinois, vice Laws, Twenty-fourth Infan­ Charles F. Bates, of New York, vice Murdock, Twenty-fifth In- try, promoted. fantry, promoted. . John N. Straat, jr., of Missouri, vice Kinnison, Twenty-fifth Charles C. Todd, of Texas, vice Barker, Third Infantry, pro­ Infantry, promoted. moted. Frank Hassaurek, of Ohio, to fill original vacancy. John J. Toffey, jr., of New Jersey, vice Spence, Sixteenth In­ George De G. Catlin, of New York, vice Saville, Tenth Infantry, fantry, promoted. promoted. Carl A. Martin, of Kansas, vice Mullay, Twenty-first Infantry, Donald McNulta, of Illinois, to fill original vacancy. promoted. Edward W. Perkins, of New York, vice Bell, Eighth Infantry, George D. Arrowsmith, of New Jersey, vice Parker, Thirteenth promoted. · Infantry, promoted. Marshall Childs, of Pennsylvania, to fill original vacancy. Mark Wheeler, of Kansas, vice Stetson, Fourth Infantry, pro­ HenryS. Wagner, of Pennsylvania, vice Welsh, Eighth Infan­ moted. try, promoted. Gaston S. Turner, of Missouri, vice Knudsen, Eighth Infantry, James L. Graham, of California, vice Morrow, Fifth Infantry, promoted. promoted. William H. Williams, of North Carolina, vice Wood, Twelfth Frederick G. Knabenshue, of Ohio, to fill original vacancy. . Infantry, promoted. . Archibald I. Harrison, of Missouri, vice Moss, Twenty-fifth In- · Watts U. Valentine, of Nebraska, vice Ronayne, Nineteenth fantry, promoted. Infantry, promoted. George H. Knox, of.New York, to fi11 original vacancy. Ivers W. Leonard, of Indiana, vice Wassell, Twenty-secoml Thomas J. Powers, jr., of Pennsylvania, to fill original vacancy. Infantry, promoted. . William A. Lieber, of District of Columbia, to fill original va- · Philip E. M. Walker, of Virginia, vice Carey, Sixteenth Infantry, caney. promoted. ' James E. Bell of Illinois, vice Harbeson, Twelfth Infantry, · Robert W. Barnett, of Mississippi, vice Dove, Twelfth Infantry, promoted. promoted. Charles R. Ramsay, of Maryland, to fill miginal vacancy. David B. Mulliken, of New Hampshire, vice Castle, Sixteenth John F. B. Mitchell, of New York, to fill original vacancy. Infantry,promoted. · William H. Jordan, jr., of Oregon, to fill original vacancy. Pearl M. Shaffer, of Iowa, vice Malone, Thirteenth Infantry, To date from September 9, 1898. promoted. . . Lawrence A. Curtis, of Wisconsin, vic.e Taylor, Twelfth Infan­ Fitzhugh Lee, jr., of Virginia, to fill original vacancy. try, promoted. J. Pierre _Drouillard, of Tennessee, vice Benchley, Sixth In­ Peyton G.- Clark, of Alabama, vice Ely, Thirteenth Infantry, fantry, killed in action. promoted. Martin L. Crimmins, of New York, to fill original vacancy. Courtland Nixon, of New Jersey, to fill original vacancy. Marion M. Weeks, of District of Columbia, vice Nuttman, Clifton C. Kinney, of Illinois, vice Sater, Thirteenth Infantry, Twenty-first Infantry, entitled to promotion. promoted. .· James M. Love, jr., of Virginia, vice Springer, Twenty-first Augustus C. Ledyard, of Michigan, vice Wells, Second Infantry, Infantry, entitled to promotion. promoted. Ralph E. Meyer, of Ohio, to fill original vacancy. Harold B. Smith, of Pennsylvania, to fill original vacancy. Paul H. McCook, of Pennsylvania, to fill original vac::mcy. Irving J. Carr, of Texas, to fill original vacancy. William D. Forsyth, of Ohio, vice Crain, Nineteenth Infantry, Easton R. Gibson, of Missouri, to fill original vacancy. promoted. Henry C. Bonnycastle, of Kentucky, vice Worrilow, Twentieth Frederick W. Coleman, jr., of District of Columbia, to fill orig~ Infantry, promoted. inal vacancy. Allen G. Wright, of California, vice Clark, Fourteenth Infantry, Louis P. Schindel, of Pennsylvania, vice Turman, Sixth Infantry, promoted. died of wounds received in action. Edward Craft, of South Carolina, vice Lawton, Nineteenth In­ Hugh R. Miller, of Pennsylvania, to fill original vacancy. fantry, promoted. George B. Pond, of North Carolina, to fill original vacancy. Adolphe H. Huguet, of Louisiana, vice Lawton, Twenty-first Dana T. Merrill, of Maine, to fill original vacancy. Infantry, promoted. Alexander M. Wetherill, of Rhode Island, vice Ryther, Twelfth. Raymond Sheldon, of New Jersey, to fill original vacancy. Infantry, entitled to promotion. James D. Taylor, jr., of Florida, to fill original vacancy. Charles N. Murphy, of Nevada, to fill original vacancy. RobertR. Nevin, of Ohio, vice Davison, Twenty-second Infantry, Theodore A. Baldwin, jr., of Montana, to fill original vacancy. promoted. George H. Shields, jr., of Missouri, vico Siviter, Twelfth In- Frank Halstead, of Ohio, vice Stogsdall, Fourth Infantry, pro­ fantry, entitled to promotion. moted. Eleutheros H. Cooke, of Minnesota, to fill original vacancy. Harry E. Knight, of New York, to fill original va-eancy. ·Arthur L. Conger, jr., of Ohio, vice Baldwin, Eighteenth In~ Campbell E. Babcock, of Illinois, viceCochen, Twelfth Infantry, fantry, promoted. promoted. James B. Kemper, of Ohio, vice Hunt, Fourteenth Infantry, pro- · Harry R. Campbell, of Indiana, vice Wolfe, Twenty-second moted. Infantry, promoted. John W. Barnes, of California, vice Brookes, Eighteenth In­ Daniel F. Keller, of Pennsylvania, vice McMaster, Twenty- fantry, entitled to promotion. fourth Infantry, promoted. - Isaac A. Saxton, of Michigan, vice Craig, Fourth Infantry, Archie J. Harris, of Colorado, to fill original vacancy. transferred to Fourth Cavah·y. Alexander J. Macnab, of Idaho, vice Laubach, Twenty-third George E. Thorne, of Indiana, to fill original vacancy. · Infantry, promoted. Harry S. Howland, of Illinois, to fill original vacancy. FrankS. Burr, of Nebraska, to fill original vacancy. Alfred Aloe, of Pennsylvania, vice :McBroom, Eighteenth In­ Ward Cheney, of Connecticut, vice Raibourn, Fourth Infantry, fantry, entitled to promotion. promoted. ThomasJ. Fealy, of District of Columbia, to fill original vacancy. Stanley Howland, of Rhode Island, vice Nelson, Twenty-fourth Frank W. Rowell, of Montana, vice Bates, Second Infantry, Infantry, promoted. transferred to Seventeenth Infantry. Ralph B. Parrott, of New Jersey, vice Clement, Twenty-second . Hugh A. Drum, of Massachusetts, vice Churchman, Twelfth Infantry, promoted. ID.fantry, deceased. Stanley H. Ford, of Ohio, vice Preston, Sixteenth Infantry, pro­ William 0. Wright, jr.. of Illinois, to fill original vacancy. moted. John M. Campbell, of New York, to fill onginal vacancy. James :McD. Comer. of Alabama, to fill original vacancy. Warren Dean, of Illinois, to fill original vacancy. Benjamin H. Watkins, of Kentucky, vice Creary, Second Infan­ To datejrom October 10, 1898. try, promoted. James B. Allison, of South Carolina, to fill original vacancy. Robert M. Brambila, of Nevada, vice Stritzinger, Twenty-third John L. De Witt, of Virginia, vice Richardson, Twentieth Infantry, :promoted. Infantry, entitled to promotion. 70 CONGRESSIONAL RECORD-SENATE. DECEliBER 8,

Charles E. Morton, of Michigan, vice Stanley, Twenty-second To be inspector-general with the rank of lieutenant-colonel. Infantry, entitled to promotion. Maj. John D. Miley, assistant adjutant-general, United States Van Leer Wills, of Tennessee, vice Davis, Twelfth Infantry; Volunteers, September 8, 1898. entitled to promotion. To be inspector-gene1·al with the 1·ank of majo1·. Ethelbert L. D. Breckinridge, of Kentucky, vice Wansboro, Seventh Infantry, killed in action. Capt. Charles G. Starr, First United States Infantry, August Garrison .McCaskey, of P ennsylvania, vice Lyon, Twenty-fifth 13, 1898. Infantry, entitled to promotion. To be judge-advocates with the 'rank of lieutenant-colonel. FOR APPOINTMENTS BY TRANSFER IN THE ARMY. Capt. Harvey C. Carbaugh, assistant adjutant-general, United States Volunteers, November 15, 1898. Second Lieut. Edward H. Martin, Twenty-first Infantry, to be Lucien F. Burpee, of Connecticut, July 21, 1898. second lieutenant of artillery, to rank from June 22, 1898, vice Connolly, Fifth Artillery, transferred to infantry. To be ma}or-gene1·al. Second Lieut. Patrick A. Connolly, Fifth Artillery, to be second Brig. Gen. Jacob F.Kent, United States Army, since honorably lieutenant of infantry, to rank from June 22, 1898, vice Martin, discharged, July 8, 1898. Twenty-first infantry, transferred to artillery. To be brigadier-gene1·als. Second Lieut. Henry M. Boutelle, Third Artillery, to be second lieut.enant of infantry, to rank from October 12, 1898, to fill an Col. Edward P. Peru:son, Tenth United States Infantry, since honorably discharged, July 12, 1898. . original vacancy. Col. WilliamS. Worth, Sixteenth United States Infantry, since APPOINTMENTS IN THE VOLUNTEER ARMY. honorably discharged, July 12, 1898. To be major-ge:nerals. Col. John H. Page, Third United States Infantry, since honor­ ably discharged. September 21, 1898. Brig. Gen. Samuel B. M. Young, United States Volunteers, Col. William M. Wherry, Eighth United States Infantry, since July 8, 1898. honorably discharged, September 21, 1898. Brig. Gen. Thomas M. Anderson, United States Volunteers, Col. Harry C. Egbert, Twenty-second United States Infantry August 13, 1898. since honorably discharged, October 1, 1898. ' Brig. Gen. Arthur MacArthur, United States Volunteers, Col. Evan Miles, First United States Infantry, since honorably August 13, 1898. discharged, October 6, 1898. Brig. Gen. Francis V. Greene, United States Voh~nteers, Lieut. Col Henry Carroll, Sixth United States Cavalry since August 13, 1898. honorably discharged, July 8, 1898. ' Brig. Gen. William Ludlow, United States Volunteers, Sep· Lieut. Col. Emerson H. Liscnm, Twenty-fourth United States ternber 7, 1898. Infantry, since honorably discharged, July 12, 1898. Brig. Gen. Samuel S. Sumner, United States Volunteers, Sep­ Lieut. Col Joseph T. Haskell, Seyenteenth United States In· tember 7, 1898. fantry, since deceased, September 7, 1898. To be b1·igadier-generals. LieutA Col. Charles D. Viele, First United States Cavalry since Col. Samuel Ovenshine, Twenty-third United States Infantry, honorably discharged, September 21, 1898. ' August 13, 1898. Lieut. Col. Aaron 8. Daggett, Twenty-fifth United States In· Col. Charles McC. Reeve, Thirteenth Minnesota Volunteers, fan~ry, since honorably discharged, September 21, 1898. Augus.t 13, 1898. L1eut. Col. John H. Patterson, Twenty-second United States Col. Irving Hale, First Colorado Volunteers, August 13, 1898. Infantry, since honorably discharged, September 21, 1898. Col. Richard Comba, Fifth United States Infantry, September Lieut. Col Theodore A. Baldwin, Tenth United States Cavalry 6, 1898. ' 7, 189~. since honorably discharged~ October Col. John F. Weston, assistant commissary-general, United Lieut. Col. Charles A. Whittier, inspector-general, United States States Army, September 21, 1898. Volunteers, since honorably discharged, August 13, 1898. Col. Edgar R. Kellogg, Sixth United States Infantl·y, October Col. Willis J. Hulings, Sixteenth Pennsylvania Volunteers since 1, 181)8. honorably discharged, September 21, 1898. ' Lieut. Col. Ezra P. Ewers, Ninth United States Infantry, July To be assistant adjutant-general with the 1•ank of major. 12, 1898. . First Lieut. John p. Miley, ~cond United States Artillery, Lieut. Col. Charles F. Humphrey, deputy quartermaster-general, smce vacated by appomtment to lieutenant-colonel and inspector· United States Army, September 21, 1898. general, United States Volunteers, July 12, 1898. Lieut. Col. GilbertS. Carpenter,Seventh United States Infantry, September 21, 1898. . To be assistC?-nt adjutants-general with the rank of captain. Lieut. Col. John W. Clous, deputy judge-advocate-general, Sergt. Hallet A. Borrowe, First United States Volunteer Cavalry United States Army, September 21, 1898. since honorably discharged, July 16, 1898. ' Ramon G. Mendoza, of Cuba, since honorably discharged, August To be assistant adjutant-general with the rank of lieutenant-colonel. 13, 1898. Capt. John H. Beacom, assistant adjutant-general, United States To be chief surgeon 'With the rank of lieutenant-colonel. Volunteers, August 27, 1898. Maj. Valery Havard, surgeon, United St.ates Army, since hon­ To be assistant adjutants-general with the rank of major. orably discharged, August 1, 1898. Capt. Charles R. Miller, assistant adjutant-general, United To be b1'igade surgeons with the 1·ank of maJor. States Volunteers, August 22, 1898. · . Capt. William S. Scott, ass_istant adjutant-general, United Maj. Charles Adams, surgeon First illinois Volunteers since States Volunteers, Septemter 17, 1898. honorably discharged, August 11, 1898. ' Capt. Robert E. L. Michie, assistant adjutant-general, United Maj. Thomas 0. Summers, surgeon Second Tennessee Volun­ States Volunteers, October 4, 1898. teers,_ since ~onorably disyharged, August 5, 1898. Capt. T. Bentley Mott, assistant adjutant-general, United States MaJ. M.artm L. Focht, surgeon Twelfth Pennsylvania Volun­ Volunteers, November 10. 1898. teers, since honorably discharged, October 3, 1898. Capt. Lyman W. V. Kennon, Sixth United States Infantry, Samu~l W. Kelley, acting assistant surgeon, United States Army, smce honorably discharged, August 17, 1898. November 26, 1898. Charles T. Newkirk, ncting assistant surgeon United States To be assistant adjutants-general with the rank of captain. Army, s~nce honorably disc~arged, September 8, i 898. First Lieut. Frank B. McKenna, Fifteenth United States In­ Franc1s T. Metcalfe, actmg assistant surgeon United States fantry, August 13, 1898. Army, since honorably discha-rged, September ao,' 1898. Oscar Le Seure, of Michigan, since honorably discharged, Au- First Lieut. Hugh D. Wise, Ninth United States Infantry4 Sep­ tember 12, 1898. guet 11, 1898. - First Lieut. Edward C. Brooks, Sixth United States Cavalry, To be additional paymasters. September 17, 1898. Jacob M. Longnecker, of Ohio, since honorably discharged, July First Lieut. A. Wilson Norris, Eighth Pennsylvania Volunteers, 16, 11598. September 2, 189 . Richard R. Wright, of Georgia, since honorably discharged First Lieut. Edward C. Carey, Sixteenth United States Infan­ July 16, 1898. ' try, November 7, 1898. Sergt. Ralph L. Spotts, Eighth Ohio Volunteers, August 13, To be chief enginee'rs with the rank of maJor. 1898. First Lieut. William W. Harts, Corps of Engineers since honor- Private Arthur F. Cosby, First United States Volunteer Cav-­ ably discharged, July 13, 1898. ' alry, August 13, 1898. Capt. William E. Craighill, Corps of Engineers, since declined SamuelS. Saxton, of Ohio, July 16, 1898. July 16, 1898. ' 1898. OONGRESSIONAL RECORD-SENATE. ~

To be chief ordnance oJ!tcers with the rank of lieutenant-colonel; Daniel Hogan, of illinois, July 16, 1898. Maj. Charles Shaler, Ordnance Department, United States William Williams, of New York, July 16, 1898. Army, since declined, July 18, 1898. To be commissaries of subsistence witli the rank of captain. Capt. William Ennis, Fourth United States Artillery, since hon­ John B. Clarke, of illinois, July 16, 1898. . orably discharged, J"uly 18, 1898. James A. Logan·, jr., of Pennsylvania, July 16, 1898. To be chief ordrtance officers with the rank of major. Isaac D'Isay', of Missouri, July 16, 1898. Capt. Andrew H. Russell, Ordnance Department, Unit.ed States William B. Cowin, of Nebraska, July 16, 1898. Army, since honorably discharged, July 18, 1898. Charles Weiser, of New York, July 16, 1898. First Lieut. John W. Barker, Third United States Infantry, William B. Hale, of Tennessee, July 16, 1898. since honorably discharged, July 27, 1898. James C. Read, of Pennsylvania. July 16, 1 8~8 . WilliamS. Beebe, of Connecticut, since deceased, July 27, 1898~ Thomas F. Ryan, of New York, July 16, 1898. First Lieut. Colden L'H. Ruggles, Ordnance Department, James C. Baldredge, of illinois, July 16, 1898. United States Army, since declined, August 22, 1898. Samuel N. Bridgman, of Kansas, July 21, 1898. Patrick H. McCaull, of Virginia, vice Bailey, declined, July 16, To be signal officers with the rank of lieutenant-colonel. 1898. Capt. Frank Greene, United States Signal Corps, since honora- William 1\!r. Loveland, of Michigan, vice Benedict, honorably bly discharged, July 18; 1898. , discharged, July 16,1898. First Lieut. George 0. Squier, Third United States .Artillery, since- honorably discharged, July 18, 1898. To be chief quartermasters with the 'rank of lieutenant-colonel. Maj. Joshua W. Jacobs~ Quartermaster's Department, United To be signal officer u-ith the rank of captain. States Army, August 11, 1898. First Lieut. Charles E. Pellew, United States-Volunteer Signal 1\.faj. Guy Howard, cb.ief quartermaster, tTnited· States Volun• Corps, since honorably discharged, August 1, 1898. teers, August 11, 1898. To be·signal' officers with the rank of ji1·st· lieutenant~ Maj. Charles G-. Penney, chief quartermaster, Unite"d:States:Vor... Second Lieut. Don. A. Palmer, United States Volunteer Signal unteers, Augnst 11, 1898 .. Corps, since honorably discharged, August 3, 1898 .. To be chief quartermasters u.:ith the rank of major~ Second Lieut. Jose-ph D. Wood, United States Volunteer.S1gnal Capt. Andrew: G. C: Quay, Quartermaster's Department, Ui:rited. Corps, since honorably: discharged, August 12, 1898. States Army, August 11, 1898. To be signal officers with the rank of second lieutenant. Capt. William H. Miller, Quartermaster's DepaTtment, United Se-rgt. RobertW. Rodman, UnitedStatesVolunteerSignalCorps, States Army, August 11, 1898. since honorably discharged, August 1, 1898. Capt. Carroll A. Devol, Quartermaster's Department, United Sergt. E. Neal Gillespie, United States Volunteer Signal Corps, States Army, October 17, 1898. since honorably discharged, September- 3,. 1898~ C.apt. Charles- B. Thompson, Q"nartermaster's Department,; Stephen B. Elkins, jr., of West Virginia, since honorably· diS~ Umted States Army, October 17, 1898. charged, August 1, 1898. Capt. Gonzales, S. Bingham, Quartermaster's Department Grant Squires, of'NewYork, since honorably discharged. August United States Army, November 26, 1898. ' 4,_ 189S. Capt. John- C. W. Brooks, assistant quartermaster, United States Volunteer.s, November 12, 1898. To be quartermaster with the 1·ank of colonel. Capt. Haldfm and~ P. Young, assistant quartermaster, United. Lieut. Col. Charles Bird, chief quartermaster, United· States States Volunteers, November 26, 1898. Volunteers, July 10, 1898. Capt. .Tohn J; Brereton, Twenty-fourth United States Infantry.=. To be quartermasters with the ranlc of lieutenant-colonel. Novemher 15,1898. To be assistant quartermasters with the rank of captain. Maj. James: B. Aleshire, chief q.u.a~termaster,, Unit.ed States Volunteers, vice Botsford, deceased, November 26, 1898. First Lieut. AndreW. Brewster, Ninth United· States Infantry, Maj. Noble H. Creage.r, chief quartermaster; United·StatesVol­ October 15, 1898. · unteers, vice Barnett, who vacated by promotion_ in. QuaTter­ First Lfeut. Cliarles H. Martin, Fourteenth United StRtes-Th.fan· master's_Department, N ovember:-26,.1898. try, October 17.1898. First Lieut. Harry L. Hawthorne, Sixth-United States Artillery To be quartermasters with the rank of major. October 17, 1898. •· Capt. Jolin H. Bellinger, Quartermaster's Department, United First Lieut. Wtlliam G. Haan, Third United States Artillery, States Army, July16, 1898. October 17, 1898. First Lieut. Leon S. Roudiez, First' United States Infantry, First Lieut. William Weigel, Eleventh" ·united· States Infantry, July 16, 1898. November 26, 1898. Capt. Francis 1\L Schreiner, assistant quadermaster., United First Lieut. CharleS> E. Tayman, Twenty-fourth United· States. States Volunte.ers, vice M:asonrdeclined, November 26,.1898. Infantry, November 26, 1898. To be assistant quartermasters with the rank of captain~ First Lieut. William H. Hay, Tenth" United' States Cavalry, First Lieut. John J. Bradley, Fou.r.teenth. United States Infan- November 26,1898. try, July 16, 1898. First Lieut. Charles: J. Symmonds-, Seventh United States Cav• William P. Williams, of New· York, July 13, 1898. alry, November 26, 1898. • John W. McHarg, of New York, July 16, 1898. First Lieut. Ira- A. Haynes,. Fourth United States Artillery Charles T. Baker, of New York, .ruly 16, 1898. November 26, 1898. · '- Marion M. McMillan, of New York, July 16, 1898. First Lieut. J. Y. Mason- Blunt, Third trnited States Cavalry Samuel Baird, of Iowa, July 16", 1898. November 26, 1898. •· Charles M. Wrigley, of Colorado, July 16, 1898. James- S. Michael, of District of Columbia, October 1 1898. Walter-B. Barker, of Mississ-ippi:, July16, 1898. Joseph E. Willard, of Virginia, November 21, 1898. ' WilliamS. Scott, of Pennsylvania. July 16, 1898. To· be commissm·ies orsubs istence with the rank of major. Thomas DoWI!.B, of Indiana, J"uly 16, 1898; Capt. Elmore F. Taggart, commissary of subsistence United Harry B. Chamberlain, of Vermont, July 16, 1898-. States Volunteers, October 28, 1898. · ' George L. Goodale, of Massachusetts, July 16, 1898. Capt. Parker W. West, Eighth United States Cavalry, Novem­ Edwin R. Butler, of Arkansas, July 16, 1898. · ber 26, 1898. William C. R. Colquhoun, of Delaware, July-16, 1898·. To oe contmissa·ries of subsistence with the ranlc of captain. James A. CampbeU, of Montana, July 16, 1898. First Lieut. Wilkie Woodard, United States Volunteers, Signal Jesse M. Baker of Pennsylvania, July 23, 1898. Corps, September 27, 18V8. , Jeremiah Z. Dare, of Ohio·, vice Grasselli, honorably discharged, First Lieut. Maurice G. Krayenbuhl, Third United States Artii:. August 11, 1898. - lery, October 17, 1898. To be cornmissaries of subsistence. with the rank of major. First. Lieut_ Charles R. Kmuthoff, Fourteenth United States Capt. Frederick A. Smith, Twelfth United States Infantry~ July Infantry, October 17, 1898. 16, 1898. William J. Ryan, of Ohio, July 25, 1898. First Lieut. George W . Ruthers, Eiglith United States Infantry, Harlow L. Street, of District of Columbia, August 3, 1898. July 16, 1898. Allei:ton S. Cushman, of Massachusetts, August 11,.1898. Capt. Eugene T. Wilson, United States Volunteer Signal Corps, Henry E. Tiepke, of Virginia, August 11, 1898. vice Foote, resigned, September 24, 1898. To be quartermaster 'With the 1·ank of lieutenant-colonel. Rufus M. Townsend, of New York, July 16, 1898. Maj. Cbaxles R. Barnett, Quartermaster's Department, 'United Solomon F. Thorn, of California, July 16, 1898. States-Army; since vacated by- promotion to lieutenant-colonel, Hent:'y Page, of Utah,, July 1&, 1898·. Quartermaster's Department, United States Army, July 16, 1898~ 72 CONGRESSIONAL RECORD-SENATE. DECEMBER 8,

To be quarte1masters with the rank of rnajor. Capt. Benjamin F. Montgomery, United States Vo~unt e er Signal Capt. Edward E. Robbins, assistant quartermaster, United States Corps, August 1, 1898. Volunteers, since honorably discharged, August 11, 1898. Capt. Edward B. Ives, United States Volunteer Signal Corps, John W. Mason, of West Virginia, since declined, July 16,1898. August 1, 1898. To be assistant qtta1·terrnasters with the 1·ank of captain. To be signal officer with the 1·an,k of major. Thomas B. Haughawont, of Mis~ouri, since honorably discharged, Capt. Gustave W. S. Stevens, United Sta~es Volunteer Signal July 16, 1898. Corps, July 18, 1898. Nathan M. Flower, of New York, since honorably discharged, To be signal officers with the ranlc of captain. July 16, 1898. First Lieut. John J. Ryan, United States Volu:nteer Signal Thomas S. Grasselli, of Ohio, since honorably discharged, July Corps, July 18, 1898. 16, 1898. First Lieut. George E. Lawrence, United States Volunteer Signal J. Edward Farnum, of Pennsylvania, since honorably discharged, Corps, August 1, 1898. - July 16, 1898. First Lieut. Richard 0. Rickard, United States Voluntee::: Signal To be commissary of s-ubsistence with the 1·ank of major. Corps, August 3, 1898. · Capt. MoiTis C. Foote, Ninth United States Infantry, since re­ To be signal officers with the 1·ank of first lieutenant. signed, July 16, 1898. Second Lieut. Albart J. Dillon, United States Voluntear Signal To be cornmissaries of subsistence with the rank of captain. Corps, July 18, 1898. Second Lieut. Victor Shepherd, United States Volunteer Signal Abraham Benedict, of New York, since honorably discharged, Corps, August 1, 1898. July 16, 1898. Second Lieut. George C. Burnell, United States Volunteer Signal James A, Bailey, jr., of Massachusetts, since declined, July16, Corps, August 1, 1898. 1898. / To be chief ordnance offwers with the 1·ank of lieutenant-colonel. To be signal officers with the 1·ank of second lieutenant. Maj. John A. Kress, Ordnance Department, United States Army, Edward E. Bawsel, of Georgia, July 20, 1898. July 18, 1898. Byron B. Daggett, of New York, August 4, 1898. Capt. Rogers Birnie, Ordnance Department, United States To be chief surgeons with the 7'ank of lieutenant-colonel. Army, July 18, 1898. Maj. Timothy E. Wilcox, surgeon, United States Army, No\em­ Capt. Henry D. Borup, Ordnance Department, United States ber 7, 1898. Army, July 18, 1898. · Maj. Hem·y S. Turrill, surgeon, United States Army, November Capt. John T. Thompson, Ordnance Department, United States 7, 1898. Army, July 18, 1898. Capt. William P. Duvall, First United States Artillery, July 18, To be brigade surgeons with the rank of major. 1898. Capt. William L. Kneedler, assistant surgeon, United States Capt. James Rockwell, jr., Ordnance Department, United States Army, July 30, 1898. Army, July 18, 1898. Maj. John J. Archinard, Second Louisiana Volunteers, August To be chief ordnance officers with the rank of rnajo1·. 11, 1898. Maj. Henry H. Lee, surgeon First Vermont Volunteers, August Capt. Benjamin Alvord, Twentieth United States Infantry, July 11, 1898. 18, 1898. Maj. Bial T. Bradbury, surgeon First Maine Volunteers, August Capt. John McClellan, Fifth United States Artillery, July 18, 11, 1898. . 1898. Maj. John L. Macumber, surgeon Fourteenth New York Vol­ Capt. Frank H. Edmunds, First United States Infantry, July unteers, August 11, 1898. 18, 1898. . Maj. John G. Davis, surgeon Seventh Volunteer Infantry, Au­ Capt. William J. Nicholson, Seventh United States Cavalry, gust 11, 1898. July 18, 1898. Maj. Robert Burns, surgeon First New Hampshire Volunteers, Capt. John B. Rodman, Twentieth United States Infantry, July October 6, 1898. 18, 1898. Maj. Lewis Balch, surgeon Second New York Volunteers, Octo­ Capt. Henry H. Benham, Second United States Infantry, July ber 10,1898. 19, 1898. Maj. William J. Kernachan, surgeon Third Alabama Volun­ Capt. Ormond M. Lissak, Ordnance Department, United States teers, October 20, 1898 . .••umy, July 18, 1898. Maj. Willard S. H. Matthews, surgeon Fifty-first Iowa Vol­ First Lieut. James T. Dean, Fourteenth United States Infan­ unteers, October 24, 1898. tr·y, July 18, 1898. Maj. Henry D. Thomason, surgeon Thirty-third Michigan Vol­ First Lieut. Eli D. Hoyle, Second United States Artillery, July unteers, November 28, 1898. 18,-1898. Ira C. Brown, acting assistant surgeon, United States Army, First Lieut. John L. Chamberlain, First United States Artillery, August 11, 1898. J illy 18, 1898. John E. Woodbridge, acting assistant surgeon, United States First Lieut. Mathew C. Butler, jr., Seventh United States Cav­ Army, August 11, 1898. alry, July 19, 1898. Wilfrid Turnbull, acting assistant surgeon, United States Army, First Lieut. Clarence P. Townsley, Fourth Un~ted States Artil­ September 15, 1898. lery, July 27, 1898. Ezequiel de la Calle, acting assistant surgeon, United States First Lieut. Godfrey H. Macdonald, First United States Cavalry, Army, October 8, 1898. August 13, 189 . William B. Winn, acting assistant surgeon, United States First Lieut. John J. Pershing, Tenth United States Cavalry, Army, October 20, 1898. August 18, 1898. William Dolz, a-cting assistant surgeon, United States Army, First Lieut. John A. Hannan, Sixth United States Cavalry, October 20, 1898. September 17, 1898. Rafael Echeverria, acting assistant surgeon, United States Army, Second Li.eut. Joseph Wheeler, jr., Fourth United States Artil­ November 15, 1898. lery, August 18, 1898. Randal R. Hunter, acting assistant surgeon, United States To be signal office1' with the rank of colonel. Army, December 1, 1898. Under the provisions of the act of Congress approved May Edward 0. Shakes~eare, of Pennsylvania, August 11, 1808. 18, 1898: Simon P. Kramer, of Ohio, August 11, 1898. Lieut. Col. J ame3Allen, United States Volunteers, Signal Corps, David C. Peyton, of Indiana, August 17, 1898. July 18, 1898. George G. Groff, of Pennsylvania, September 17, 1898. To be signal officers v.rith the ranlc of lieutenant-colonel. To be additional paymaste1·s. Maj. Richard P. Strong, United States Volunteers, Signal Corps, By authority conferred by section 1184, Revised Statutes of the July 18, 1898. United States: Maj. Joseph E. Maxfield, United States Volunteers, Signal Corps, Thomas C. Goodman, of Illinois, July 16, 1898. July 18, 1898. William R. Graham, of Iowa, July 16, 1898. Maj. Richard E. Thompson, United States Volunteers, Signal Charles B. Marsh, of Rhode Island, July 16, 1898. Corps, July 18, 1898. Theodore Sternberg, of Kansas, July 16, 1898. Maj. William A. Glassford, United States Volunteer Signal Henry H. Twombly, of District of Columbia, July 16, 1808. Corps, July 18, 1898. Jonas M. Cleland, of Iowa, July 16, 1898. Maj. Samuel Reber, United States Volunteer Signal Corps, July Glen Hayes Logan, of 1\iissouri, Julv 16, 1898. 18, 1898. Junius G. Sanders, of Montana, July 16, 1898. 1898. CONGRESSIONAL RECOR.D-HOUSE. 73

·William A. Purdy, of illinois, August 22, 1898. The Clerk read as follows: Pierre C. Stevens, of Illinois, September 9, 1898. A bill (H. R. 10989) making appropriations to supply urgent deficiencies in the appr opriations for the support of the military and naval establishments ·Merrill W.-Lang, of Ohio, July 16, 1898. for the last six months of the fiscal year ending June 30, 1899, and for other Georga G. Arthur, of Ohio, August 11, 1898. purposes. John Joy Edson, jr., of District of Columbia, July 16, 1898. Mr. CANNON. Mr. Chairman, I ask unanimous consent to Hamilton Stone Wallace, of District of Columbia, October 24, dispense with the first reading of the bill. 1898. The CHAIRMAN. 'l'hegentlemanfrom illinois rl\fr. C.s:NNON) Charles E. Stanton, of Utah, July 16, 1898. asks unanimous consent that the first reading of tne bill be dis­ Robert B. Hugton, of Oklahoma, September 27, 1898. pensed with. Js there objection? To be chief engineer with the rank of major. There was no objection. First Lieut. Edwin A. Root, Nineteenth United States Infantry, Mr. CANNON. Mr. Chairman, I will make a brief statement covering the recommendations of this bill. Its enactment before July 16, 1898. the 31st day of December becomes necessary from the fact that in To be assistant adjutant-gene1·al with the rank of major. appropriating for this fiscal year for the Army and the Navy from . Capt. Putnam Bradlee Strong, assistant adjutant-general, the war standpoint we limited the appropriation to the first half United States Volunteers. of the fiscal year, so that on the 1st day of January next there will To be commissary of S1{bsistence u"ith the rank of major. be no appropriations available for the Army or the Navy except Capt. William H. Anderson, commissary of subsistence, United the appropriations made from the peace standpoint for the Regular A.rmy and for the Navy. The amount appropriated for war pur­ States Volunteers. poses. as nearly as it could be estimated, has been stated at To be assistant qua1·terrnaster with the rank of captain. $361,000,000. This includes $28,000,000 borne in the regular naval First Lieut. Frank W. Woodring, quartermaster, Forty-ninth bill and in the fortification bill. Now, as shown by the report, Iowa Volunteer Infantry. ' which gentlemen can get and examine for themselves, there will THffiD REGIMENT VOLUNTEER INFANTRY. remain unexpended and unobligated on the 1st day·of January First Sergt. Melville A. Wilson, Company C, Third Volunteer next of these appropriations, excluding the $28,000,000 in the Infantry, to be second lieutenant, vice Blount, promoted. regular navy and fortification bills, in round numbers $61,000,000 First Sergt. Harry B. Lewis, Company E, Third Volunteer In­ plus for the military establishment and $33,000,000 plus for the fantry, to ba second-lieutenant, vice Bunting, promoted. Navy, making an aggregate of $94,816,165.03, as nearly as can be Sergt. Joseph L. Ramspeck, Company I, Third Volunteer In­ estimated. that will not be expended or obligated. fantry, to be second lieutenant, vice Barrow, promoted. Now, after diligent inquiry on the part of your committee, get­ Sergt. R obert Whitfield, Company A, Third Volunteer Infan­ ting the best estimates from the Departments that we h ave been able to obtain, we recommend the appropriation for the military try, vice McCool, promoted. establishment of $60,113,039.84 for the last half of the fiscal year, THIRD UNITED STATES VOLUNTEER L~FANTRY. and we recommend for the naval establishment $5,568,853 for the To be fi-rst lie'utenant. last half of the fiscal year. Second Lieut. Jefferson D. Rooney, Third Regiment United These appropriations wh:ch are recommended will be found, so , States Volunteer Infantry, vice Jelks, declined. far as it is possible to itemize them by bureaus and by service, in the bill, and stated as well in the report accompanying the bill. FCURTH UNITED STA~ES VOLUNTEER INFANTRY. On page 2 of the report, for the information of the House, the To be major. committee show, so far as we have been able to get it, a statement Capt. Osman Latrobe, Fourth United States Volunteer Infan­ of the condition of E!xtraordinary war appropriations for the first try, vice Landon, r esigned. half of the fiscal year in detail, which are substantially covered To be captain. by the remarks that I have before made so far as the military establishment is concerned; and on page 3 of the report, at the First Lieut. Lee 1\1. Lipscomb, Fourth United States Volunteer top, is a similar statement as to the Navy. Infantry, vice Latrobe, appointed major. Of the national defense fund of $50,000,000, there is also a state­ · ~ To be first lieutenant. ment in the report in a general way as to its allotment by the Second Lieut. James B. Adams, Fourth United States Volun­ President, and suballotments to the various bureaus of the War teer Infantry, vice Lipscomb, appointed captain. and Navy Depa1·tments. Suffice it to say, for the purpose of my To be second lieutenant. remarks, that there is at the bottom of page 5 of the report are­ capitulation of the $50,000,000. There was allotted to the War Sergt. Maj. Charles H. Danfor th, Fourth United States Volun­ Department $18,884,627.68, of which it is estimated there will be teer Infantry, vice Adams, appointed first lieutenant. unexpended, in round numbers,$163,000 on the 1st of January. To the Navy Department the allotment was $29,973,274.22, of CONFIRMATIONS. which it is estimated there will be unobligated and unexpended Executive nominations conjirrned by the Senate December 8, 1898. $275,000 on the 1st day of January next. There was also allotted to the Treasury Department $90,000. AMBASSADOR. We have no estimate as to the amount unexpended, because it is Powell Clayton, of Arkansas, to be ambassador extraordinary not yet ascertained, and there was allotted to the State Depart­ and plenipotentiary of the United St.ates to Mexico. - ment 5393,860.89, and we have no estimate as to the amount of APPOINTMENTS IN THE VOLUNTEER ARMY, that which is unobligated. So that it will b~ seen that substan­ tially the emergency appropriation, which was the original ap­ To be majo1'-generals. propriation for the war, has been expended. Brig. Gen. Guy V. Henry, United States Army. In making recommendations for these appropriations we have Brig. Gen. Leonard Wood, United States VoluntEers. substantially followed the estimates of the Executive. It is propel' COl\niiSSIONER TO EXAMINE AND CLASSIFY LANDS. for me to state that since the bill was reported to the House sup­ Jule M. Hartley, of Missoula, Mont., to be a commissioner to plemental estimates have been made, to which attention will bo examine and classify lands within the land-grant and indemnity called at the proper place in the bill on its final reading for tho land-grant limits of the Northern Pacific Railroad Company in consideration of the Committee of the Whole. It is believed that this bill when enacted will care for the military and naval servico the Missoula land district in 1\iontana. for the last half of the fiscal year. Your committee has found it exceedingly difficult, I may say impossible, in fact, and the Execu­ tive has found it impossible, to tell with the ordinary certainty of HOUSE OF REPRESENTATIVES. estimates and appropriations as to what the necessities from the , THURSDAY December 8 1898. war st:;tndpointand t~a~ standpoint w~ich comes as a result of t~o ' ' war will be for the serVIce of the last s1x months of the year. Th1s The House met at 12 o'clock m. Prayer by the Chaplain, Rev. ' bill, however, is upon the theory that the present force of the ....t\.rmy, H ENRY N. CouDEN. . I in round numbers, regular and volunteer, of, say, 160,000 men, will The Journal of the proceedmgs of yesterday was read and ap- be continued for the last six months of the year. proved. Mr. ·uNDERWOOD. WHl the gentleman from illinois allow URGENT DEFICIENCY APPROPRIATION BILL. me to ask him a question right there? On motion of 1\Ir. CANNON, the House resolvell itself into the Mr. CANNON. Certainly. Committee of the Whole House on the state of the Union for the Mr. UNDERWOOD. Is there anything in this bill that author- consideration of the urgent deficiency bill, Mr. DALZELL in the izes the continuance in the service of the present volunteer forces chair. of the United States after peace has been declared? The CHAIRMAN. The House is in Committee of the Whole on Mr. CANNON. That matter is not treated at all. Every ap- the state of the Union for the consideration of an urgent deficiency propriation in this bill is in hrec verba in pursuance of existing hill, which the Clerk will report. law. _ 74 CONGRESSIONAL RECORD-HOUSE. DECE:M~BER 8,

Mr. UNDERWOOD. Well, I will ask the gentleman, Does not would suggest to the gentleman from lllinois that our colleague the language of this bill carry the appropriations for the volun­ from Arkansas desires a few moments. teer forces? Mr. SMITH of Kentucky. I should like to ask the gentleman a Mr. CANNON. Certainly, just as the language of the last bill question before he takes his seat. ' did. Mr. SAYERS. Certainly. Mr. UNDERWOOD. Well, if those volunteer forces are mus­ Mr. SMITH of Kentucky. Are you entirely clear that-there is tered out-- nothing in this bill that would extend the service of the volunteer Mr. CANNON. The money will not be expended. troops? Mr. UNDERWOOD. And if the Regular Army take their Mr. SAYERS. That is my opinion. The gentleman can read places, then it will require the provisions of this bill to be passed the bill for himself. over again, reappropriated, will it not? Mr. GAINES. Before the gentleman from Texas takes his seat Mr. CANNON. Well, in my judgment, if the Volunteer Army I would like to ask him a question. Is this bill framed on the as­ should be mustered out and its place taken bythe Regular Army, sumption that we will continue or diminish the volunteer force? if any legislation should be required to utilize the money to be Mr. SAYERS. The bill is framed on the assumption that the carried by this bill, it could be done in a sentence. I am not clear present number of volunteers will be retained during the last whether it would be available without legislation or not, but I half of this fiscal year, as I understand it; but, of course, if any will ay to my friend, as to what the legislation in future will be of the troops should be sooner discharged, the money will lapse touching the Regular Army and as to when the Volunteer Army in to the Treasury and be unexpended. · will be mustered out, it is impossible for me to tell. We merely Mr. WILLIAMS of Mississippi. Will the gentleman permit take the service as we find it, with th_e treaty of peace not yet me to ask him a question? made and not yet ratified, with &.provision of law that the Regu­ Mr. SAYERS. Certainly. lar Army, the moment that the treaty ofpeace is ratified, shall go Mr. WILLIAMS of Mississippi. As I understand it,r:_these upon a peace basis, with the law upon the statute book as to the troops are to be discharged when a treaty of peace is made, or at Volunteer Army as it is, and the Executive has submitted the the termination of hostilities? estimate to cover the Army and the Navy as they now are or will Mr. SAYERS. Yes. be on the 1st day of January, for the last half of the fiscal year. Mr. WILLIAMS of Mississippi. Is there anything in this bill No man can tell what the necessities may be. The treaty of continuing the term of this force, regardless of the making of peace may be J;atified in January. lt may not be ratified until peace? later on. It is impossible to state, as it is impossible to state what Mr. SAYERS. I think not. It was not the intention of the the legislation of Congress may be. committee to amend in any manner the laws under which the Mr. HENDERSON. It may not be ratified until the new fiscal volunteer forces were enlisted and brought into the service. year. Mr. WILLIAMS of Mississippi. But your bill does absolutely Mr. CANNON. Oh, yes; it may not be ratified until after the make provision to pay them for another year, regardless of the ter· 1st of July. What legislation there maybe touching the Regular mination of hostilities or the making of a treaty of peace. Army your committee can not tell. Therefore, we take the status Mr. SAYERS. For six months. and recommend appropriations under the estimate, after inquiry, Mr. WILLIA1.IS of .Mississippi. But does it contain this de· that we believe will be snflicient to support the military establish­ scription? Does it describe the time-another year? ment and the Navyforthelasthalf of the fiscal year. If anypor­ Mr. SAYERS. For the remainder of the fiscal year. tion of it is not required by the se1-vice, from mustering out either Mr. WILLIAMS of Mississippi. Is there anything in it that the Regular or the Volunteer Army in whole or in part, then, as in compels them to be kept in the Army during the present fiscal other cases where appropriations are not needed, they will lapse year? after the 30th day of J nne. From the standpoint of prudence we Mr. SAYERS. Not a word. It leaves the laws under which deal with the status as we find it in om· recommendations to the the volunteers were enlisted to operate without any assistance House. whatever from this bill except the appropriations which it con­ Now, Mr. Chairman, I believe that I have stated all I desire to tains, and which may or may not be expended. state at this time. What is in front of us, covered by the war Mr. CANNON. I yield to the gentleman from Georgia fMr. with Spain, and what is to follow in consequence of that war, no LIVINGSTON] ten minutes. If he desires more, I will yield rum man can tell. We must deal with the situation now and from more when the time expires. time to time as the emergency a1·ises. It may be perchance some­ Mr. LIVINGSTON. Mr. Chairman, as has been stated by the thing will develop before this Congress expires that may requiTe chairman of the committee and the gentleman from Texas, this additional appl"opriation. I hope and believe not. bill provides for the support of the Army for the last half of the 1 And, in conclusion, I want to say that whatever happens, from present fiscal year. The only question in it over which we are the standpoint of peace or from the standpoint of war, or what likely to differ or to have any trouble is whether this action of the results as a consequence of the same, your committee has an abid­ committee places a construction upon the former act of April 22, ing- faith that the Treasury will be rich enough and the people 1898, calling for these volunteers. wise enough and strong enough to meet any emergency that may The language of that act, Mr. Chairman, is such that I under­ arise. [Applause.] - stand it to be susceptible of two constructions. One construction I now yield to the gentleman from Texas [Mr. SAYERS]. is that immediately upon the cessation of hostilities or close of the Mr. SAYERS. Mr. Chairman, I will occupy the attention of war these volunteers have the right to go out. The other con­ the committee for a few moments only. With the exception of struction is that they are held for service under the two years' about $20,000 this bill contains only reappropriations for the sup­ clause, at the discretion of the President. Now, which of these port of the Army and the Navy for the six months of the fiscal two constructions the President and the War Department may year after the 1st day of January next. take we do not know. The language of the bill here is such that As stated by the gentleman from Illinois [Mr. CANNON], unless it may assist the War Department and the President in their con­ these appropriations be made before the 1st day of January next struction. I do not think so. But to make it distinctly clear and there will be no provision with which to pay and to support the positive that these volunteers have the right to go out after the volunteer forces now in the service of the Government. ratification of the treaty of peace it would require an amendment, Every item in this bill has been carefully prepared, and, in my in my humble opinion; otherwise the President would have the judgment, there is no question but that the bill should pass as it right, under this law, to hold them to June 30, at least. stands. Mr. SAYERS. Does my colleague- As said by the gentleman from illinois, the unexpended bal­ Mr. LIVINGSTON. I do not think, Mr. Chairman, that we ance-that is, what will remain unexpended and unobligated on ought to do anything in this House that would ti~ up the hands of the 1st day of January next-will be something over $90,000,000. the Administration in dealing with the results of this war. By the terms of the general deficiency bill passed last session its Mr. SAYERS. Will the gentleman yield to me for a question? appropriations were limited to the first six months of the present Mr. LIVINGSTON. Yes. fiscal year. I repeat it, in my judgment the bill should pass just Mr. SAYERS. Does my colleague contend that the appropria­ as it is reported to the House. It does not affect in any way the tions in this bill would enable the President to hold the volunteer laws which were enacted at the last session of the present Congress troops until the 1st of July next if a treaty of peace should be for the raising of the volunteer forces. There is nothing in this made prior to that date? bill which affects any provision in that act. It is a clean, simple Mr. LIVINGSTON. I mean tosaythis, in answertothatques· appropriation measure for the support of the Army and the Navy. tion, Mr. Chairman, that if the proviso of the bill-- Mr. DOCKERY. And in pm·suance of law. Mr. SAYERS. I am asking about this bill as reported. Mr. SAYERS. And strictly in pursuance of existing law. Mr. LIVINGSTON. I will answer the question. The provi­ And, as I have stated, with the exception of about $20,000, all of sion of the law is that the Volunteer Army shall be maintained these items refer to the Al·my and theN avy, and also to the Naval only during the existence of the war. In the last section of this and War Departments. clause a proviso is put in-and the gentleman standing on my right I have nothing more to say, Mr. Chairman, at this time. I understands well why it was put in -providing that all enlistments 1898. CONGRESSIONAL RECORD-HOUSE. 75 in the Volunteer Army should be for two years unless sooner termi- man further. We had a great deal of trouble with the original nated, and all officers andmencomposingthesaidarmyshould be bill in the Committee on Military Affairs. Now, I wish toaskthe discharged from service when the purpose for which they were gentleman this question: Has it not been declared by official act called into the service should be accomplished, or on the conclu- of the President of the United States that hostilities have ceased? sion of hostilities. And does not om· legislation on this subject contemplate that when I understand that admits of a double construction, and if we that fact is ascertained these troops shall be mustered out? appropriate up to June 30-if the President holds under this act Mr. LIVINGSTON. In the first place, Mr. Chairman, I do not it is permissible to keep the volunteers in service for garrison duty understand that the President has issued any such proclama­ until the Regular Army is organized-under this bill appropriat- tion-- ing money therefor it may strengthen his conviction. Mr. COX. What stopped the war, then? Mr. SAYERS. I want the gentleman to state to the committee Mr. LIVINGSTON. And in the second place, l\Ir. Chairman, if, in his opinion, this bill modifies to any extent whatever the law I have stated distinctly, and the chairman of the committee has under which the volunteer forces were enlisted? stated distinctly, that we began and concluded the preparation of Mr. LIVINGSTON. I mean to say thi.s, that if the war should this bill in view of ouT present environments and conditions. No end on the 4th day of March next, and the treaty of peace be man can tell what they will he thirty days from now, ninety days signed on that day, and this appropriation carrying a certain from now, Ol" one hundred and ninety days from now. amount of money for the pay of the volunteers until J une30 passes, [Rere the hammer fell.] it does. Mr. CANNON. I yield the gentleman from Georgia fivemin- Mr. SAYERS. Then the gentleman has changed his opinion in utes longer. the last twenty-four hours? Mr. LIVINGSTON. Therefore, Mr. Chairman, yon can see Mr. LIVINGSTON. That is neither here nor there. that the committee is justified in its action; that if we undertook Mr. SAYERS. It is both here and there. [Laughter.] The to put any amendment into this clause appropriating money for gentleman bas changed his opinion. the Army it would be a construction of the original law. Whether Mr. LIVINGSTON. When the gentleman from Texas gets all we have a right to do that or not-whether such a proposition the answers to his question he may not think so. would be subject to a point of order or not-is another question. Mr. HULL. Will the gentleman from Georgia allow an inter- But your committee believed that under existing circumstances ruption? and conditions it was their duty to present t-o this House a fair Mr. LIVINGSTON. Yes. bill looking to the expenses necessary for the next half of this Mr. HULL. These appropriations were made previous to the :fiscal year. We have done that. We leave to the future the adjournment of Congress in July? development of the fact whether hostilities shall cease, whether Mr. LIVINGSTON. Yes. the war shall end, practically and absolutely, one month from Mr. HULL. If peace had been concluded by August, and the now or six months from now, or any other time. ~tis all there Presidentshouldsaythevolunteerscould be dispensed with, would is in the matter. this appropriation hold them until December? Mr. McRAE rose. Mr. LIVINGSTON. No. Now, in further answer to the gen- Mr. CANNON. Does the gentleman from-Arkansas [Mr. Me· tleman from Texas, I want to say this, that this act does not con- RAE] desire to occupy the floor? - strue the original act at all as we present it. It leaves it just as it Mr. McRAE. Yes., sir. was. It is my opinion, if the act is not to be construed, t:Qis bill Mr. CANNON. Does the gentleman desire me to yield to him? ought to remain as it is. · Mr. McRAE. As I may wish to occupy more time than the gen· Mr. HEMENWAY. If we undertake to construe the act of tleman may have at his disposal, perhaps it would be best that I April22 in this appropriation bill, would it not be subject to a be recognized in my own right. point of order? Mr. CANNON. That would probably be better, although if the 1tlr. LIVINGSTON. It might be subject to a point of order gentleman desires it I w.ill YJ.eld him the remainder of my time. now. I want to say further, in reply to the gentleman from Texas, The CHAIRMAN. The gentleman from Arkansas is recognized. that I have neither changed my mind here nor before. I stated Mr. CANNON. I reserve the remainder of my time. in the committee room, it the Chair will permit it, that this bill Mr. McRAE. Mr. Chairman, I hope I may have the attention should remain just as it was, unlesstheAppropriationsCommittee of the committee for a few moments. At the proper time I shall intended to construe the original act; and now I say to this Com- submit the amendment which I ask the Clerk now to 1·ead. mittee of the Whole that this bill ought to pass just as it was pre- The Clerk read as follows: sented by the Committee on Appropriations, unless you intend to Insert in line 11, page 27, after the word" appropriates," the following: go into the business of construing statutes. "Provided, That nothing in this act shall be construed to change, extend, Mr. MARSH. Will the gentleman from Georgia allow me? or modify the provisions of section 4 of the act of April22,1898." • Mr. LIVINGSTON. Yes, sir. Mr. McRAE. It will be observed that there is nothing in this Mr. MARSH. This bill contains appropriations from the 1st of amendment in opposition to this appropriation being made for the January to the 1st of July next. volunteers, and there is no such purpose on my part. But I de- Mr. LIVINGSTON. That is right. sire-and I want the House to understand me-that the making of Mr. MARSH. Now, suppose the original bill had provided for this appropriation shall not be construed by the Department OT by these appropriations until the 1st of July next instead of the 1st anyone in authority to extend or modify the operations of section of January, would that- 4 of the volunteer act. So long as these brave men are in the Mr. LIVINGSTON. Then -everything would depend upon the service of the Government, whether legally or illegally, I want construction of the original act, just as it does now. them paid for their services. But in view of the statements com· Mr. MARSH. Would not you be in the same condition you are ing from gentlemen on the other side and from the Wa-r Depart· now? ment, and in view of the statement of the President of the United Mr. LIVINGSTON. Exactly. Everything depends, Mr. Chair- States in his message to us, I believe it is the duty of this Congress man, upon the construction the Administration gives the original to prevent the Department or President from giving any other in· act if we leave the bill as it is now. Now, I think it ought to be terpretation to it than that which is fairly implied from the lan· left for this additional reason. _ No man can foresee the result of guage used. this war and no man can anticipate the conclusion, nor when it I will ask the Clerk to read three paragraphs of public resolu­ will be concluded; and for that reason it ought to be left just as it tion No. 21, which I send to the desk. This is the resolution known is left by the committee. as the Cuban resolution, which provoked the war and made it Mr. COX. I want to ask the gentleman from Georgia a ques- necessary for these men to volunteer. tion. The Cle1·k read as follows: Mr. LIYINGSTON. Yes. Second. 'l'hat it is the duty of the United States to demand, and the Gov­ Mr. COX. The original act calling these volunteers into the ernment of the United States does hereby demand, that the Government of Spain at once relinquish its authority and government in the island of Cuba service provided that they should be discharged when hostilities and withdraw its land and naval forces from Cuba and Cuban waters. ceased. Now, then, is it the object of this appropriation to carry Third. Tha.~ the President of the United States be, and he hereby is, directed money to pay for the volunteer service when there are no hostili­ and empowered to use the entire land and naval forces of the United States, and to call into the actual service of the United States the militia of the sev­ ties in exist-ence? eral States, to snch extent as may be necessary to carry these resolutions Mr. LIVINGSTON. The chairman of the Committee on Ap­ into effect. propriations made e. very clear statement on that line, and it was Fourth. That the United States hereby disclaims any disposition or inten­ Com~ tion to exercise sovereignty, jurisdiction, or control over said island except this: That neither the Committee on Appropriations nor the for the pacification thereof, and asserts its determination, when that is mittee of the Whole nor Congress can anticipate the conclusion of accomplished, to leave the government and control of the island to its the wa-r. No man can do so. Under these circumstances, what people. was left for the Appropriations Committee to do? Simply and Mr. McRAE. Now, Mr. Chairman, I ask the Clerk to read also solely to provide for this war and its consequences under circum­ section 4 of the act approved April 22, 1898, to provide for tem­ stances which we find existing to.day. porarily increasing the military establishment of the United States Mr. COX. One more question and I will not trouble the gentle- in time of war, and for other purposes. / 76 CONGRESSIONAL RECORD-HOUSE. DECEMBER 8, .

The Clerk read as follows: time say to them that there is nothing in this act which shall be SEC. 4. That the Volunteer Army shall be maintained only during the construed to modify or extend the provisions of the law under existence of war, or while war is imminent, and shall be raised and or~an· which they enlisted. If you believe that the bill will not do so, ized, as in this act provided, only after Congress has or shall have authorized the President to raise such a force or to call into the actual service of the then say it by your vote. If the chairman of the committee and United States the militia of the several States: Provided, That all enlist­ my beloved friend from Texas [Mr. SAYERS] believe that this ments for the Volunteer Army shall be for a term of two years, unless sooner appropriation bill does not change, or will not be construed to terminated, and that all officers and men composing said army shall be dis­ charged from the service of the United States when the purposes for which extend, modify, or change the act of April 22, then let them say they were called into service shall have been accomplished, or on the conclu­ so and let the soldiers understand it. sion of hostilities. We all believe that peace will be declared long before July next, Mr. McRAE. Now, Mr. Chairman, we see that the purpose of and if we deliberately appropriate beyond the time when the volun­ this war was to destroy Spanish authority and government on the teers may be mustered out, without this or some similar amendment island of Cuba. By the bravery of our soldiers and sailors this cannottheexecutivedepartmentsaywithmuchforcethatCongress has been accomplished. They have nobly and patriotically per­ intended them to be kept in service until that time? I express it formed their part of the agreement. I will not insist, because it as my deliberate judgment that if you pass this law without any is not necessary for the purposes of the argument I desire to make, such declaration in it, and without disclaiming the purpose to that hostilities have been concluded, though it might with pro­ extend the law of April 22, the executive department, already priety be so urged. It is, however, known to all of us that the headed in that direction, will hold that this law has been extended treaty of peace has been practica1ly agreed upon, and it is hoped to the 1st day of July of next year, and the soldiers "''ill not get by all that within the life of this Congress that pea{}e will be ac­ out, although peace may sooner be declared. complished in some way. Now if that be probable, and I do not Mr. GAINES. Does this bill or any one of these bills propose to believe that anyone will seriously claim that it is not, we should force these volunteers to stay longer than when hostilities cease? not appropriate for the payment of these volunteers until the 1st Mr. McRAE. There is no express declaration to that effect. day of July next without distinctly assuring them that the act of Mr. GAINES. Can it be done by construction? doing so shall not be turned to their injury. Mr. McRAE. By this bill we appropriate for their pay until Mr. Chairman, I would not so earnestly urge this amendment July 1 next. But we do not expect further conflict with Spain. if it was not for statements made to me by those in authority and W. e all of us realize that the time is nearly at hand when peace the declaration made by the President in his late message to us. will be agreed upon, and the only fear that I have is that this He says upon this point: appropriation act, made at a time like this, will be construed by It is my purpose to muster out the entire Volunteer Army as soon as the those who want a large standing army to extend the fourth sec~ Congress shall provide for the increase of the regular est-ablishment. tion of that act until July~. Is the discharge of these brave men to depend upon an increase I fear that because I am informed that the War Department has in the Regular Army? already intimated that it can hold these soldiers for two years, We can not afford to deal dishonestly or unfairly with the men notwithstanding that express declaration, and we all know how who left their homes and business at the call of their country to and why the proviso to section 4 was put in. The bill came from fight for the cauee of humanity. We may need another Volun­ the committee without it. I believe jt was inserted by amendment teer Army. This Government said to them by the fourth section in the House. And it was distinctly asserted on this floor that of the volunteer act, which has been rea-d, that when the purposes there was no purpose to keep the volunteers in time of peace, or of the war as declared in the resolution had been accomplished, or to expect of them any duty except such duties as are required of when hostilities had been concluded, that they might return to soldiers in time of war. They volunteered to fight, not to do their families. police duty in time of peace. Now, the President practically says to Congress, "I will not Mr. CANNON. Now, if my friend will allow me-­ must.erthese menoutuntilyouhaveincreased the Regular Army." Mr. McRAE. Certainly. There are many people in this country who do not believe in a Mr. CANNON. Here-is the language, at the bottom of page 7: large standing army, and they will not be coerced into supporting For pay of volunteers under act approved April 22,1898, and subsequent one. T~ere are many men in the volunteer ranks who are unwill­ acts, as follows. ing to do garrison duty in distant islands in time of peace. I do not belie-ve that it will reflect any credit upon the management And then follow the details. That is a mere appropriation, as I of the War Department or be of good to this country to say to understand it, under existing law. Now, has not my ·friend in these men; "We will now hold you in the Army, notwithstanding his imagination created a ghost, and does he not want to legislate hostilities have been concluded and the purposes of the resolution against a ghost? Or, if that is not correct, does my friend not under which you were called out have been accomplished, until want to legislate upon an appropriation bill, which can not be · your places can be filled by regulars." If it is the purpose to in­ done without unanimous consent under the rules of the House? crease the Regular Army, do it I'egularly and fairly; but while Mr. McRAE. I am not an authority on ghosts; I do not know doing it do not mistreat the volunteers who at a time when their anything about them; but, Mr. Chairman, with all due respect to services were necessary freely gave them. The Administration my friend who has suggested ghosts, I believe that this appropria~ can afford to be honest with such men. tion, made under the present circumstances, will be construed to The President goes on to say that- authorize the President to keep these men, notwithstanding peace This will be only an act of justice and will be much appreciated by the may be declared prior to the time covered by the bill. Now, let brave men who left their homes and employment to help the country in its me ask the gentleman from illinois a question: If you believe it emergency. will not have this effect, what objection have you to saying so? And yet he offers no hope that they can return to their homes W1;ty do you oppose the amendment, which only declares that it and employment until the Regular Army has been increased to· shall not be construed to change the statute under which our Vol~ suit him. Having made these patriotic sacrifices, is it not c1·uel unteer Army was raised? to keep them longer than is necessary to muster them out after Mr. CANNON. If the gentlemanwm allow me toanswerinhis peace? Let us discuss these things fully, and let us treat the vol­ time, for the reason that the bill literally appropriates in pursu­ unteer soldiers with proper appreciation of their services. We ance of existing law, and I would oppose and will oppose anything have said to them as solemnly as we could, by an act of Congress, upon this bill that looks toward the changing of existing law when the Spanish are driven from Cuba or hostilities are con­ touching the matter that the gentleman is discussing. cluded they shall be discharged from service. Mr. McRAE. But there is nothing in my amendment that The Volunteer Army is a credit to our Government. It is in a changes existing law. There is nothing jn it except prohibition large part composed of business men, men of intelligence, men of that you shall not change it. character. They have an interest in the country and our institu­ Mr. CANNON. Then it is on the theory that where the child tions. At least that is true of the men who composed the two has made a letter A, then, for fear it would not be understood, he regiments that Arkansas gave. They have business at home. insists on writing under it, "This is A." If that is the effect of They feel that already, or at a very early day, the purposes for the gentleman's amendment, why, then, there can be no objection which they enlisted will have been .accomplished, but if not, they to it, because it might gratify my friend without being operative and others like them will come again at the legitimate call of the in its action. But, if my friend will allow me to say so in his President. But, my friends, you can not keep alive that patriotic time, I fear he has it in his mind to attempt something that will feeling which prompted the young men of the country to so change existing law. promptly volunteer for this war by mistreating or deceiving them. Mr. McRAE. No; I disclaim any such purpose. I would make Whatever you may believe about the standing army, whatever another amendment if I could, but as I do not believe I can, you may think about its inadequacy, I appeal to you in all serious­ under the rules of the House, go any further than I have stated, I ness not to convey by this bill any kind of feeling to the soldiers have therefore suggested it in the form it is. now encamped that they have been misled or mistreated in this Mr. CANNON. My friend says that he would if he could. I matter. They gave the country their services. Let us so act as think my friend really does not mean that. If the existing law to retain their love and confidence. I would not reduce the appro­ authorizes the President of the United Stat.es to hold the volun­ priation. Let the money be ready to pay them; but at the same teer force or any portion of it until an army sufficient to meet 1898. CONGRESSIONAL RECORD~HOUSE. 77

present emergencies is provided by legislation by Congress, I am Now, why not? What use have you for them? Has not that sure my friend would not change that law, if it is the law. occurred? Has it been settled that hostilities have ceased? Why, Mr. McRAE. But I deny that such is the law, and in view of what was the idea of that committee that drew that bill and the fact that you so claim, I urge-- ·brought it into this House-that when hostilities ceased, or when Mr. CANNON. Very well, if it was the law my friend would a treaty of pea~e was made, or negotiations for peace begun, there not change it, because, having voted for a declaration of war, my would no longer be any use for these troops. That was the evident, friend would not see the public service deprived of sufficient common-sense view of it. What use have we for the troops after armed force to enforce law and order. hostilities cease? We were not calling out the volunteers for the Mr. McRAE. Mr. Chairman, the gentleman can not and he purpose of doing garrison duty. When we authorized the Regu­ shall not place me or this side of the Honse in any false attitude lar Army to be increased to 61,000 men, we thought it ample, and about the war. We voted for the declaration of war for noble that at the proper time the Army could do all the duty that would purposes clearly stated in the resolution read in the beginning of be required of that character. my remarks. We have at every stage voted to appropriate all the But you want the volunteers continued under this act, and let monev necessary to prosecute it. The Administration got all the it go to the country just as the truth is-that they were entitled men and money needed. The men did their duty bravely. The to their discharge when hostilities ceased; and that is the reason question now is, Shall they be discharged when the war is over? that language was put in that act, to prevent hanging them up We need but little armed force in time of peace. I deny the just like you are trying to do now. You are endeavoring to hold authority of the gentleman or of anyone connected with the Ad­ them there now, so as to let the Regular Army reach a certain ministration to say that there is anything in the general statute point before you discharge the volunteers. What was the sense or the laws passed by this Congress that authorizes the holding of of putting that language in that bill? Can any man deceive him­ these volunteers until we get a standing army. If that is the pur­ self about it? They were entitled to their discharge when hos­ pose, and believing it is, I want at every proper time to do what tilities ceased. That was the reason why it was put in there. I can to prevent it. We are not asking that they be mustered out Now, then, you make an appropriation, and the only question that until the war is over. When peace is declared, and not until then, remains, to my mind, is, Have hostilitie.s ceased? If so, the law do these men desire to be relieved. When the purpose of the says they are entitled to their discharge. · Cuban resolution has been fully accomplished they have as much Mr. GAINES. Will my colleague allow me to ask him a ques- right to their liberty as any man in this House, and they should tion? - not be held a day after that occurs. Mr. UOX. Certainly. Mr. CANNON. Will my friend allow me? Mr. GAINES. Is it your idea that it is proposed to retain~these Mr. McRAE. Certainly. men in the service so as to prize Congress to increase the standing Mr. CANNON. The standing army, under language that is army? not subject to construction, but direct and unequivocal, is to be Mr. COX. I do not like to criticise the motive that any gentle­ reduced to a peace basis the moment the treaty of peace is ratified, man may have, but I can see very readily how that could be used. and a peace bas~s is 26,000 men. Now I will ask my friend a The CHAIRMAN. The time of the gentleman has expired. question. Does he stand ready with his side of the House to sup­ Mr. COX. I wish the gentleman would yield me a few more port legislation which will so amend the law as to increase the minutes. standing army to meet the necessities of the Government under the present emergency and those which may be in front of us? Mr. McRAE. I yield the gentleman two minutes more. Mr. McRAE. We will meet these questions when they come up. Mr. COX. Now, here is the law under which your volunteers Mr. CANNON. Ahl were called out in this act, and I remember distinctly how that Mr. McRAE. Just as large an Army as is necessary to defend language got into the bill, and I also remember very distinctly this country will be given. but I will never consent to hold the the reason why it was put in the bill. We did not want the vol­ volunteers for this war after peace is secured. The language of unteers held after hostilities ceased. Now, then, have you got hos­ the volunteer act is just as direct and unequivocal as that of the tilities? Why, the President of the United States and the Spanish act increasing the Regular Army, and, speaking for myself, I powers have agreed that hostilities shall be suspended; and is would say that if we must hold either it should be the regulars, there a man on this floor who believes thcLt there will be another and not the volunteers. I am not anticipating what this side of gun shot on either side or use to shoot? the House will do until your side makes its proposition to increase It is as one of our commissioners said the other~day-we say the standing army. Bring the proposition up, let us see what it "Hands up," and you have got to do it. Now, the only objection is, and then we will be able to answer you. I have is that when you put an appropriation in this bill to con­ Mr. CANNON. My friend will allow me right there. Is not it tinue these troops beyond the time fo'r which they were called out, true that this bill is in the precise language of the deficiency bill you are not only doing an injustice tQ the volunteers, but you are that appropriated pay for the volunteers that was passed in June doing an injustice to everyone else. There is not a man in this or July last for the first half of the fiscal year? House, if he will take it and consider it, but knows that that pro­ Mr. McRAE. I suppose it is; but the conditions are entirely vision was put in there for the very purpose of preventing anybody different. Then we had an army and navy in the field. Now we from holding this ariny in the service until they got a Regular have a peace commission in session. The gentleman then antici­ Army which might suit their convenience. pated that they could be mustered out on .the 1st of January, Mr. McRAE. I now yield to the gentleman from Missouri [Mr. and therefore did not appropriate beyond that time. Now you BLAND]. propose t6 appropriate for the remainder of this fiscal year, not­ Mr. BLAND. Mr. Chairman, I do not know that I can add withstanding the Spanish forces have been withdrawn from Cuba much to what has been said by the gentleman from Arkansas [Mr. and by the protocol Porto Rico is ours, and we have been in­ McRAE] in this discussion. I have not had time to examine thor­ formed by the press that the peace commissioners have practically oughly this bill. If my information is correct, the standing army agreed upon a treaty of peace, hostilities have ceased, and noth­ is already increased to 67,000 me:h, to remain at that figure until ing remains except to ratify the treatybythe United States. I do peace is declared. I do not know that there is anything in this not seek to take a dollar away from these brave men. We give bill that proposes to extend the time by which the volunteers may the Department all the money they ask for the soldiers and simply be held. They entered into a contract with the Government to say that nothing contained in this act making the appropriation remain until a certain t~e, until certain events occurred, and shall be construed to mean that they may be continued in the when that time has expired or those events have happened, their service beyond the time for which they w~re enlisted. enlistment expired by law. The Government or Congress has no I reserve the, balance of my time. rlght to extend that time or hold them one day beyond that time Mr. CANNON. Mycolleaguehasmoretimethan I have. Will any more than we have a right to say that each and every member he yield five minutes to the gentleman from Tennessee? of this House shall at thi3 moment become a soldier under the :Mr. McRAE. I yield five minutes to the gentleman from Ten­ General of the Army. nessee, Mr. Chairman. Mr. CANNON. Is it not true, if the time had expired, they Mr. COX. Mr. Chairman, when section 4 of the bill under would be discharged? which the volunteer forces were called ontwas under de bate quite Mr. BLAND. Certainly; we have no right to hold them one a controversy arose as to the future of their service. Of course it day beyond that time. Any attempt to hold them would. be a was very well understood, if peace was made, the volunteer troops wrong perpetrated upon the soldier himself. As I said, I have not were to, be discharged and the Regular Army reduced to its origi­ examined the bill, but if it contains any provision looking to the nal peace basis. Now, if any member of this House will read that retention of the volunteers beyond the time for which they en­ section 4, he will see at once that the qualification put in there listed, or· a provision that may be so construed, it ought to be was not to hold the volunteer forces longer than was necessary, stricken out. We have no more right to hold one of these soldiers but to hold them until peace was declared or until hostilities longer than the time of enlistment than we have to compel the ceased; and that very latter clause in the act was put into that members of this House to go into the A1·my and submit to a mili­ bill for the plain and distinct purpose of making clear that these tary force. troops were entitled to their discharge when hostilities ceased~ Mr. CANNON. I th.inl\: the gentleman from Missouri is entirely 78 CONGRESSIONAL RECORD-HOUSE. DECEMBER 8,

correct. I now yield to the gentleman n·om Indiana [Mr. HEM- point out any wa~ by which this bill can change the construction ENWAYl. · · of the_ act

_ words, we report this appropriation bill under the requirem-ents of these men should be mustered out. But I know such an amend· existing statutes. Now, I do not know what construction may be ment would not be in order. But I know that this amendment is put upon section 4 of the act of April 22, 1898, by the President. in order, and if gentlemen mean what they say, they will not :vote My own construction is that it requires the Volunteer Army to be against it. mustered out when peace is declared and.a treaty ratified by the Now I yield to my friend from Alabama fMr. UNDERWOOD] . Senate. That is my own construction. But whatever ma.y be Mr. UNDERWOOD. Mr. Chairman, I do not think it is pos· the Executive construction, we are simplyreportingthisappropri· sible for anyone to construe the position that has been taken ation as commanded by -the existing statutes, and if the law by the gentlemen who have spoken in favor of the am-endment authorizes a construction that would keep the Volunteer Army in offered by the gentleman from Arkansas into a proposition that service after the treaty of peace, then I hope the proper commit. we are not ready now and at all times to appropriate the nee­ tee will report a bill amending the act of April 22, 1898, in that essa1-y money to maintain the army that is now in the field so respect. I would vote for an amendment on this bill, if no point long as war lasts. But it is clearly the intent of that amendment of order were raised, to make such a construction of the act of to protect the soldiers who volunteered for the purposes of the Apri122; but it will not do to contend that this bill changes exist- war and not to do garrison duty. I have been told by those in au· ing law. Mr. Chairman, if it does change existing law, then it is thority at the War Department that there have been as many as - in the power of any gentleman on this floor to raise a question of 500 applications a day for discharges by the volunteer soldiers order against the provision which effects such a change. since actual hostilities ceased. It simply means this, that there I should be glad to have some gentleman who holds that this are thousands of men in the Volunteer Army to-day who saCI·i· appropriation bill changes existing law indicate the line or the ficed their business interests, sacrificed their positions at home, paragraph in which the change appears, because if it modifies and volunteered and went to the front because they believed it the act of April 22, 1898, then it is done in violation of the rules was their duty to answer the President's call and protect the of_the House, and all points of order were reserved when this bill American flag. was committed to the Committ--ee of the Whole House on the Now, it has been intimated by those in authority-yes, it is a state of the Union. clear intimation in the President's message-that these volunteer I sympathize fully and heartily with all propositions to termi- troops may be retained. indefinitely after the declaration of peace nate the services of the Volunteer Army when the treaty of peace until some legislation is passed by Congress looking to an increase is ratified; but the Committee on Appropriations are not charged of the Regular Army. In other words, the volunteer forces of with the duty of reporting legislation. I shall cheerfully support the United States are to be held as hostages to the people of the the amendment offered by the gentleman from Arkansas [Mr. United States and their Representati-ves in Congress here until McRAE] if that is the purpose of his amendment. legislation is forced from Congress, if necessary, to provide for Mr. BLAND. Will my colleague allow me right there? an army that will satisfy those in authority. Mr. DOCKERY. Certainly. Mr. HEMENWAY. Will the gentleman allow me to ask him Mr. BLAND. Suppose the war had ceased and the time had a. question? come or has now come when these soldiers should be disbanded. Mr. UNDERWOOD. Yes. What right have we to legislate appropriating money to pay them? Mr. HEMENWAY. Does the gentleman think that the Presi· In other words, if their time is now out what right have we to pass dent of the United States would place a wrong construction upon a bill to pay them six months hence and for services to be rendered this act of April22, 1898, for the purpose that he now presents? for six months in the future? - Mr. UNDERWOOD. Oh, I am not going into thi3 motives of 1\fr. DOCKERY. I will say, Mr. Chairman, in answer that if the President. I do not charge the President with any wrong any unwarranted construction of law is made anywhere retaining motives. But I say that the President has said, and his message is the Volunteer Army of the country in service beyond the time of here before us, that these volunteer forces must be retained in enlistment I would vote to pay them during the time they were the field until their places are supplied by a regular force. thns continued in service. Mr. HEMENWAY. Do you believe that he will put an im- Mr. BLAND. But is not this a recognition that th-ey are already proper construction upon the act of April 22, 1898, in order to in service and are legally held iJ1 service, and may be so held for , hold them until the bill is passed? the next six montha? Mr. UNDERWOOD. He may believe it to be a proper con· Mr. GROUT. Subject to existing law. struction. I believe that the intent of Congress when we passed :M.r. DOCKERY. I do not understand that the gentleman from that act was that when the war had ceased these volunteers should Arkansas claims that they are not now legally in eervice, but 1 be mustered out, and I believe that every volunteer who enlisted understand the apprehension is expressed that because the appro· for the purpose of this war so understood the law, and believed priation is reported for the remainder of the fiscal y-ear that it when he did enlist and gave his services to the country that h-e may strengthen an apprehended construction of the War Depart· did so for the purpose of protecting the flag and not to serve on ment that the volunteers are to be retained in the service. I do garrison duty. not believe such a construction is authorized by the statute, but Mr. HEMENWAY. Will the gentleman per.mit another qnes· that is another proposition. That is a question of construction; tion? this is a question of appropriation. We are simply reporting the Mr. UNDERWOOD. Yes. appropriation required by law. These boys are at the front. Mr. HEMENWAY. Will he point out any provision in this They are in Porto Rico and Cuba and the Philippines and in the appropriation bill that prohibits their discharge under the act of southern section of this country, and so long as they are retained Apnl22, 1898? in the service we should pay them every dollar justly due them. Mr. UNDERWOOD. Now, I agree with the gentleman thor· Mr. McRAE. Mr. Chairman, how much time have I remain· oughly on that proposition. I do not contend for one minute ing? that there is a single line in this appropriation bill directly chang· The CHAIRMAN. The gentleman has twenty-nine minutes ing existing law. remaining. But I say this, that we have had it intimated in the President's Mr. McRAE. Mr. Cl;lairman, I am sorry that I have failed to message and by others in authority that it is proposed to retain make myself understood by some gentlemen on the other side and these volunteer troops after the war is terminated, after peace is by some members of the Appropriations Committee. I want to declared, after the term of service that they contemplated has repeat briefly that there is nothing in the' amendment which I pro· expired; and it can not be done if we do not appropriate the money pose which changes existing law. I stated in the beginning that to retain them; but if we do appropriate the money to retain I believed this law would be construed as extending the volunteer them, and this construction is placed on the law by the Executive, act from the time that peace might be declared, if it was before then they can be retained. So that I say that the representatives the 1st day of July next, until that time, because we are appropri· of the people here, those who desire to protect the interests of ating in the face of facts that we can not disregard. Official trans- those volunteer soldiers, have the right at this time to put a limi· actions have taken place that make us know that peace is lik~ly tation upon these approp1·iations. It is not proposed to make any to be made within the next two or three months. If it is, we shall change in the existing law as I understand the amendment offered be confronted with a statute which authorizes the payment of the by the gentleman from Arkansas. volunteer soldiers for several months beyond that time. Mr. SAYERS. Will the gentleman yield to me for a question? I believe that the Department will use this act to continu-e these Mr. UNDERWOOD. Certainly. men in the AI·my until we give them what the President says he :Mr. SAYERS. I agree with the gentleman's construction of the wants, namely, an increase in the regular standing army. Gen- act of April22, 1898. I believe that the volunteer troops are en· tlemen upon the other side disclaim any purpose to violate section titled to be discharged under that act as soon as peace shall have 4 o~ the volunteer act.' and yet whe~ I propose an amendment been declared. But suppose a different construction should be put sa.ymg that we do not mtend that thiS act shall be construed to upon that act by the executive branch of the Government, and extend or modify that act they reject it. the soldiers be retained, would the gentleman be opposed to pay- If you believe what you say, you ought to vote for this amend· ing them during the time of their illegal retention? m~nt. There is no purpose to change the law. As I have already Mr. UNDERWOOD. Not at all. sald, I would l~e to construe it so clearly that when peace is made Mr. SAYERS. I will go further. The very same objection made 80 CONGRESSIONAL RECORD-HOUSE. DECEMBER 8, to this bill could have been made to the deficiency bill of last ses­ Mr. CANNON. Does my friend prefer to have the time now sion, because it specified the date to which the appropriation rather than under the five-minute rule? should continue, to wit, the 1st day of next January. Mr. FLEMING. Yes. Mr. WILLIAMS of Mississippi. But we had not this intimation Mr. CANNON. I yield five minutes to the gentleman from then. Georgia [Mr. FLEMING]. • Mr. SAYERS. War was going on. Mr. FLEMING. Mr. Chairman, on the 22d of April of the Mr. SMITH of Kentucky. Was war going on then? present year Congress passed an act in reference to appropriations Mr. SAYERS. No; bnt it was impending. for sustaining the volunteer service. In that act there were cer­ Mr. UNDERWOOD. Is that all that the gentleman wants to tain expressions used which seem now to be subject to two differ­ ask? ent constructions. The Honse and the soldiers who enlisted under Mr. SAYERS. That is all. that act believed that they were to be mustered out as soon as Mr. UNDERWOOD. Now I say this, that although this does reasonably could be done aftAr the conclusion of peace. We hear not change existing law, that although in the language of the act it stated on the floor by members of the Committee on Appropria­ passed in this Congress, at that time there was no intimation that tions who brought in thls bill, and we find a strong intimation in the volunteer troops would be retained longer than the termina­ the message of the President, that perhaps the act of April 22, tion of the war. But there is an intimation of that kind now. I 1898, did not mean that the volunteer troops were to be mustered am perfectly willing that they shall be retained as long as they out at the conclusion of the treaty of peace, but that the President are in the field. has the authority to hold them until their places are taken by a If the President needs more troops, after the termination of the regular standing army of whatever size the Administration may war, to take care of this new territory, I am wining to vote to think necessarv. give him the necessary troops; but I am opposed to forcing men Now, the Committee on Appropriations has brought in an urgent to stay in the Army who went out for a patriotic purpose, whose deficiency bill the purpose of which is to make appropriations for business is being interfered with at home. We everyone of us the volunteers for the latter half of the present fiscal year, extend­ receive letters from men in the Volunteer Army stating that they ing from the 1st of January up to the 1st of July, 1899. It is volunteered for the purposes of war, that they have good posi­ believed by some that the passage of this bill appropriating money tions at home, and that if they are not discharged these positions for the additional six months will give some sort of support to the will be put in jeopardy. Now, have we any right to retain these construction which, it is alleged, some persons in power have men in the field longer under those circumstances? placed on the act of April 22, 1898, namely, to hold the troops in I say it is the duty of the Executive, if he needs more troops to service longer than the House and the troops themselves anticipated. increase the Army, to send in a message to Congress saying so, and Now, at this point, the gentleman from Arkansas [Mr. McRAE] let us make affirmative legislation to police the new territory we offers an amendment which simply provides that the passage of have acquired, and at the same time deal fairly wUh these men this bill appropriating this money foi' the additional six months that desire to be released from their term of enlistment. The shall not be used in any way to uphold any such wrongful con- amendment of the gentleman from Arkansas is nothing more struction. . than a limitation put upon the bill. It does not change existing Mr. SAYERS. I wish to ask the gentleman from Georgia a law, but proposes merely to limit the appropriation to the ter­ question. mination of the war, that it shall stay in force so long as the Mr. FLEMING. Very well. force continues, but when the war ceases this appropriation shall Mr. SAYERS. I desire to have the gentleman's opinion as to cease. whether or not this bill will assist to any extent whatever in the Mr. SAYERS. Do you offer that amendment? construction of the law under which the volunteer forces were Mr. UNDERWOOD. I understand that was the amendment enlisted so as to keep them beyond the time when he and I think of the gentleman from Arkansas. they ought to be mustered out. Mr. SAYERS (continuing). That these appropriations shall Mr. FLEMING. I do not think, as amatter of properconstruc­ only continue until peace is declared? tion, it can be used for that purpose, but it js perfectly evident Mr. UNDERWOOD. That is the substance of what he put in that a great many members in this Honse fear that it will be. his amendment. Now, all the members of the Committee on Appropriations agree Mr. SAYERS. I do not so understand it. Read the amend- about the meaning of the original bill of Apri122, 1898. ment. Mr. CANNON. No; the gentleman's statement is too broad. Mr. UNDERWOOD (reading)- The gentleman says all the members of the Committee on Appro• After the word "appropriate" insert the following: priations. ''Provided, That nothing in this act shall be construed to change, extend, or Mr. SAYERS. The gentleman means all the Democratic mem.. modify the provisions of section 4 of the act of April22." bers. Mr. SAYERS. Certainly; but that does not say that the appro­ Mr. CANNON. I have not construed that section of the act. priations shall lapse as soon as peace has been·declared. Mr. GAINES. Will the gentleman from Illinois construe it Mr. UNDERWOOD. Well, I misunderstood the amendment. before he takes his seat? Mr. SAYERS. I approve that amendment. I do not object to Mr. FLEMING. Give us your construction. it at all. Mr. CANNON. If the gentleman wants me to construe it, why, Mr. UNDERWOOD. The amendment reaches the same thing. so far as I am individually concerned, I will say that I have no I think myself it would be better, when the proper place is reached doubt, under the language of that act, when the treaty of peace in the bill, to offer an amendment limiting the period of this ap­ is ratified by the Senate, that unless this Congress has provided propriation to the time that war actnalJy exists. something more than the 26,000 men in the Regular Army, the Mr. SMITH of Kentucky. That would be against the rules. President has the right, under a proper construction of that law, Mr. UNDERWOOD. And I believe an amendment of this kind to hold any portion of the volunteer forces he thinks right up to would be in order. But I say it is our duty, if we want to protect the extent and limit of the two years. · the interests of these volunteer soldiers, to vote now for a limita­ Mr. FLEMING. Now, Mr. Chairman; I am very glad that I tion of this appropriation; and then, if the President needs troops asked for this five minutes, because this is the first time that any for other purposes, let us by affirmative legislation give him those member on that side of the House has stated openly the purpose troops, and at the same time protect the interests of these volun­ of opposing the amendment. teers. Mr. CANNON. Oh, my friend misrepresents me. I do not be­ Mr. SAYERS. Let me understand the gentleman. Does the lieve any man can torture the language of this appropriation bill, gentleman favor a clause in this bill that shaH limit these appro­ as reported by the committee, into a construction of the law of priatjons in point of time to the exact date when peace shall have April 22, 1898. It is simply a pure appropriation, in pursuance of been declared? · existing law. The gentleman from Georgia, the gentleman from Mr. UNDERWOOp. To the time when peace shall have been Arkansas, the gentleman from Alabama can not anticipate what declared and the troops can be mustered out. the construction may be; but, anticipating that construction, they Mr. SAYERS. That is a different thing. It will take three seek in some way to amend or criticise this bill. months for them to retm·n from Manila. They could not get I am opposed to any amendment of the bill or any change in the home by the 1st of July if peace should be declared by the 4th of law. We have no power under the rules of the House to change March. So the gentleman ought to offer no objection. - the law on this appropriation bill, but the gentleman challenges Mr. UNDERWOOD. That is true, there should be a limita­ me as to what my construction of the act authorizing the enlis~ tion as to the time after peace is declared. A reasonable time in ment of the volunteers is, and I say to him, aliunde and independ­ which they could be mustered out is all that is necessary. ent of this bill, that, in my judgment, if Congress does not provide Mr. CANNON. Now, Mr. Chairman, I ask unanimous con­ something beyond 26,000 men in the Regular Army the President sent that general debate may be .closed. would place a wrong construction upon the act and would be sub­ Mr. FLEMING. Mr. Chairman, I would like to have a few ject to the censure of public opinion and all well-thinking people minutes. if he musters out the volunteers until the time has arrived, limited · 1898. _QQ~GRESSION AL RECORD-HOUSE. 81 only by the two years, when .it can safely be done for the -public colleague [.Mr. LIVINGSTOl~] were put in this biU, we wouid find defense of the country. troops in Manila when peace is declared without a dollar appro­ ·. Mr. FLEMING. Now, Mr. Chairman-- priated for their pay and requiring two Dr three months before . The CHA lRMAN. The Chair will state that thl3 time of the they coul-d get home. The position would be the same in Porto •gentleman from lllinois [Mr. CANNoNl is exhaust-ed. · Rico and elsewhere. We do n.ot want suc-h an amendment as that. Mr. SAYERS. I have an hour; and 1 will yield to the gentle- We want the amendment offered by the gentleman from Arkan­ man-how long? sas; and I wlll say to the gentleman from Illinois, the chairman Mr. FLEMING. A few minutes. of the Committee on Appropriations, that it does seem to m-e that Mr. SAYERS. Ten minutes? if some of the ~hairmen of important committees of the Honse Mr. FLEMING. That will be ample. would be willing to make some sort of conet1ssion, to show some Mr. SAYERS. I yi-eld to the gentleman ten minutes. conciliatory spirit toward members of the House whG differ with Mr. FLEMING. Now, Mr. Chairman, we have the issue pre­ them, they would get a great many more votes fo1· their m-eastrres sented pointedly and in a way in .w hicb we have not had it before. and would find less opposition to them on the fl-oor. I have listened to all the arguments made ~on - both sides of this Mr. CANNON. Will the gentle.man allow me right there? It question since I have been in the Hall, and until now I bad heard no seems to me an amendment ought to have MD affirmative and discordant note as to the construction placed upor:. the act of April positive reason for its adoption. If my friend will read the 22. 18!:18~ na.mely: That every volunteer who went into the service original clause of the bill and then read the amendment. l think of the country to defend the flag under the promise that he was to he will be candid enough to say that it means simply nothing. be allowed to go out when hostilities ceased should be allowed to I do not know that the amendment can do any harm. Possibly do so. it might do some good, as it might give the gentleman from Ar­ · Mr. CANNON. There is no such promise in the act. I chal­ kansas and other gentlemen a chance to flap their wings and say_, lenge the gentleman to read it. with sound and fury, "We have been the friends of the volunteer Mr. FLEMING. I say that up to the time the gentleman made who wants to be mustered out to-day," without having d.one any his last speech that was the undisputed constructiou. In his first material thing to that end. speech the gentleman intimated no difft:rence of construction on Mr. FLEMING. Now, Mr. Chairman, that same pride -of that point. · opinion will keep sticking out, and every time the gentleman says Now, sir~ I maintain that the act of April 22, 1898, does permit anything of that sort it appears so much the plainer. - Now, here every v.olunteer soldier to leave the serviCe of the United States we are, the House of Representatives of the United States, consid­ when there is no longer any war in existence requiring his service ering a great bill, and we have been arguing for two or three hours in the defense of the flag. These men left their homes, left their this morning upon an amendment which the chairman of the com­ ousiness. left their families, not to do garrison duty in Cnba or mittee himself admits can do no harm. which will put a construc­ Porto Rico or the Philippines. They left their homes for the pur­ tion on this act that the House intended to put upon it, or which pose of 8erving their country and defending their flag in time of at least will prevent an errone.ous construction being put upon it war-for no other purpose than that, and they had the promise of by somebody else, and yet the gentleman will not accept the amend­ the Government that they should not be held for any other pur- m~nt. Now I call upon him in the same spirit in which he made h .s last speech to get up and accept this amendment and stop all pof:.ubmit that while there is nothing in th~ lan~age of the bill this talk, and let us go on and vote this bilJ through. That is we have before us which can properly be used to construe that what he ought to have done in the first insta-nce, I thmk. other act~ yet the :fact of the passage of this bill providing appro­ I will state this, too. that I know of one bill in this House which priations to support the entiJ.·e Army now in the field for another has recently passed and passed by not a very heavy majority, and .six months can be and will be used to give force and support to 1 am satisfied that that bill was gotten through this House largely the erroneous construction which the gentleman from lllinois is at by the courtesy and spirit of concession shown by the chairman of this late moment placing upon the act of April 22, 1898. There that .committee and the author of the bill, who was not afraid to can be but two possible explanations of his .opposition and the accept some amendments from other men and did not think there opposition of other men on this .floor to the amendment offered by­ was any reflection on his power of -editorship at all because some­ the gentleman from Arkansas. Those two explanations are these: body else wanted to put some changes on the bill. And we gen­ First, that without that amendment you think this act wm aid tlemen on this side, speaking for the gentleman from Arkansas you in lwlding those troops in s~rvice, agai!u>t what we believe to lMr. McRAE] and myself, will not flap our wings at all on this ;be the proper construction of the act. If that is not th-e reason, subject. [Laughter.] We will .simply congratulate ourselves then the other one must be the true one: That out of simple prid~ that th€' chairman of the committee has gotten into a conciliatory, of opinion. and nDthi:n.g else, the chairman of the Committee on fair-minded, impartial spirit. and does not object to other men ex- · .Appropriations refuses to accept an amendment which is perfectly pressing their views with proper consideration for him, and if he fair and just in all its terms and can -do no harm to a~yon-e. will accept that amendment, we will go on. Mr. CANNON. If my friend will allow me a moment, I will be Mr. CANNON. My friend might add one other v-ery impor­ entirely fr ank with him, as he is always frank w ith me. The t ant word, it seems to m~. The word ''notwithstanding" is a. amendment of the gentleman from Arkansas, in my judgment, very nice word to close up with. What would my friend say to means simply nothing. It in no way changes the legal e.:ffect of adding that? this bill. And my objection to it wa,s that, in my judgment, a Mr. FLEMING. Well, I do not see anyspecialsensethatwould majority of the committee of the House have a right to edit their be added to this bill by putting in "notwithstandin~." But in bill. the spirit of conciliation w;hich I recommended to the chairman Mr. FLEMING. Now, Mr. Chairman, we have gotafthepoint of the committee, I will accept such .an amendment if he wants at last. . By the gentleman's own statement, this is merely a ques­ to put it on the bill. [Laughter.] tion of pride of opinion-- Mr. CANNON. Now, Mr. Chairman, I ask unanimous con­ Mr. WILLIAMti of Mississippi Pride of editorship. sent that general debate may be -closed and the bill read under Mr. FLEMING. Pride of editorship. then, about the terms of the five-minute rule. . this bill. A great many members Df this House believe that this Mr. McRAE. I believe I have fifteen minutes remaining. bill in its present terms will be used for a wrong pm-pose-a pur­ The CHAIRMAN. The gentleman from Arkansas (Mr. McRAE] pose for which the gentleman himself says it ought not to be used, is recognized. and for which I agree with him it can not p1·operly be used. A Mr. McRAE. I will yield to my friend from Missouri [Mr. great many of us want to render that utterly impossible; and we DEARMOND]. ask the comiWttee, as a matter of favor. to accept an amendment Mr. CANNON. If my friend from Arkansas will allow me, I which tb'e gentleman himself says can not possibly change the bill. will ask unanimous consent that when his time, or such portion Why not accept it. as a matter of courtesy, as a matter of conces­ of it as he may want to use, is exhausted that general debate may sion. to satisfy members of the-House who do not claim to see quite be considered as closed. so far into this matter as the gentleman himself? Mr. McRAE. I have no ()bjection to that personally, at the Mr. LIVINGSTON. Will my co!league fMr. FLEMING] allow expiration of my time. me a suggestion? The chairman of the committee [Mr. CANNON} The CHAIR MAL.~. The gentleman from lllinois [Mr. CANNON] is right in regard to the amendment offered by the_gentleman from asks unanimous consent that at the eX'piratiDn of the time of the Arkansas. It does not construe the law; it leaves it just as it is. gentleman from Arkansas general -de-bate shall be CO'D1;id-ered -as If any gentleman wants to construe the law, let him submit, in­ closed. Is there objection? stead of the amendment ot the g-entleman from Arkansas, a pro-­ There was no objection. 'Vision something like this: Mr. McRAE. Mr. Chairman, I yield to the gentleman from These appropriations are made for the pay of the soldiers until Jnne.ao, MiRsouri rMr. DE ARMOND J. 1899, unless a treaty of peace should be ratified sooner. The cHAIRMAN. How much time?. In such a provision you would have a construction worth some­ Mr. McRAE. I believe I have fourteen minutes, and I yield thing. such time as the gentleman desires. Mr. FLEMING. .Mr. Chairman, if the words suggested by my Mr. DE ARMOND. Mr. Chairman, the amendment before the

XXXII-6 82 CONGRESSIONAL RECORD-HOUSE. DECEMBER 8,

committee at pr~sent will not have the effect to change the exist­ provisions which precede it; ana whatever may be done in quib­ ing law under which the army of volunteers came into being. bling construction, whatever may be done in the way of coercing That is conceded. Whether the bill unamended will have that Congress into legislating for a vast increase of the Regular Army, effect seems to be a matter of dispute, while everybody proclaims in order that as a compensation the volunteers may be discharged; that there can be no ground for dispute upon the subject. If the whatever construction may be placed upon it, the law itself is· bill will make no change either in the law or in the spirit in which clear and plain and distinct, and no harm can come from a decla­ the law will be construed, then the amendment will be useless, but ration that there is no purpose in this bill to change it. harmless. If the bill itself or the construction that might be put The gentleman from Indiana [Mr. HEMENWAY] said that these upon the bill will work a change in the law, ~hen the amendment volunteers now in the Army are perfectly willing-or rather eager, is neither useless nor harmful. The avowed purpose is not to as I inferred from his language, although that was not his expres­ change the law. sion-to remajn in the service until their places are taken by regu­ The amendment offered is a declaration that the law shall not lars, to be raised under a · law yet to be passed.- My information be changed by this bill. Now, if the real purpose is not to change is of a different character. My information is that the volunteers the law, it is pretty hard to understand how there can be objec­ entered the Army eag.er for the contest; that as long as there was tion to the declaration embodied in this amendment, that the a prospect of actual service in the Army in the way of the citizen law of last April shall not be changed. If, however, there is a soldier's duty, they continued ready and eager for the conflict; condition of things in contempJation when a stretching of the but that when the war actually ceased they became I'estless and law may be resorted to, when pretexts may be sought for putting desired to return to the occupations which they had abandoned upon it a construction which it ought not to bear, and which no­ to take up arms in their country's service; that they now desire body gave it at the time of its passage, then one· can well ti.nder­ to return to the peaceful pursuits of American citizens instead of stand how there may be objection to the adoption of this amend- taking up and continuing in the extraordinary pursuit of police· ment; · men in American uniforms a broad in different parts of the world. The gent.leman from Illinois [Mr. CANNON] who is in charge It is no 1·eproach to the patriotism of these men to say what is the of the bill has said that according to his construction and under­ truth, that the great body of them (not necessarily those with the standing, if there should be a failure mi. the . part of Congress to commissions and good pay, but those with the meager pay and in provide for an increase of the Regular Army, then the President the ranks) do desire to return to their homes, now that the war would be authorized, under existing law, to retain the volunteers really is over. And whatever schemes maybe exploited, whatever in the service of the United States after the ratification of the plans may be on foot, their desire is that the Government shall deal treaty of peace. Now, either the law authorizes the retaining of with them in the broad spirit of American patriotism, in the light these volunteers in the service, totally independent of the passage and a-ccording to the letter and spirit of American law, and shall of any new act with reference to the Regular .Army, or it does not take advantage of quibbles or technicalities or false constl'uc· not. If the Congress of the United States sees proper not to in­ tions to impose upon them an onerous duty never really assumed crease the Regular Army, is it to be argued that by and for that and never in contemplation even when they enlisted. [Applause.] reason the volunteers can be retained a day or an hour longer Mr. McRAE. Mr. Chairman, how much time have ·1 remain· than they could otherwise be held under the law of their enlist­ ing? · ment? The CHAIRMAN. The gentleman has five minutes remaining~ In other words, the gentleman's construction is this: If there Mr. McRAE. I yield that to my colleague on the committee be another force provided which the President regards as ade­ [Mr. ALLENl. quate for the doing of police duty in different parts of the world, Mr. ALLEN. Mr. Chairman, I want it understood that there then· the law may have its natural meaning and natural opera­ is no disposition on the part of those of us who want to limit the tion, and the volunteers may be dischru.·ged; but if the Congress, appropriation carried in this bill for the pay of volunteers to in its wisdom and in the exercise of its sovereign power, refuses hamper or cripple in any way the Administration in its proper to increase the Regular Army to a point where the President, ac­ conduct of the Government. But we do want, as far as it can be cording to his judgment, shall be provided with enough uniformed done in this bill, to place such limitations around the appropria· policemen for duty 1n foreign parts, then the law is to haye a dif­ tion for the pay of volunteers as will prevent a construction being ferent meaning~ and a different construction shall be placed placed upon the statute under which they were enlisted as we upon it. think would result in doing them great injustice. Mr. Chairman, what is the spectacle that is presented to the I do not claim to be infallible in the construction of statutes, American House of Representatives and the American people to­ and the intimation given in the President's message and the decla· day? Here is the question-or a quibble-as to whether a hundred ration made by the gentleman [Mr. CANNON], the chairman of the thousand men who responded to the call of the President for vol­ Committee on Appropriations, upon the ooo side, and the position unteers maybe held in the service after all the purposesforwhich of the gentleman from Georgia [Mr. FLEMING] and myself on the they v:olunteered shall have been accomplished. The question is, other, only illustrates again how great minds can differ. fLaugh· whether the plain reading of the statute, the construction given it ter.] Let me read again the statute under which these vo unteers by everybody, the understanding which was universal, shall be were enlisted-the one just read by the gentleman from Missouri abandoned, and upon a technicality, a quibble, tens of thousands [Mr. DE ARMOND]: of volunteers shall be held to an irksome service in distant parts The Volunteer Army shall be maintained only during the existence of of the world, never contemplated at the time of their enlistment. war. or while war is imminent, a.nd shall be raised and organized as in this These men, one and al1, enlisted to fight the battles of the coun­ act provided only after Congress has or shall have authorized the President to raise such force: P1·ovided, That all enlistments for the Volunteer Army try against. the Spaniat·ds, not to do police duty in Cuba, Porto shall be for a term of two years, unless sooner terminated; and all officers Rico, or the Philippine Islands. They enlisted to perform the serv­ and men composing said army shall be discharged from the service of the ices of soldiers in time of war. and not to perform the services of United States when the purposes for which they were called into servico gliardsmen and do police duty in ti.Ihe of peace. shall have been accomplished. While I hesitate somewhat to put my construction of this statute Now, this paragraph begins and ends with a limitation. The first against that of the gentleman from Illinois [Mr. CANNON], I ven­ limits the retention of the Volunteer Army to the existence of the tm·e to say that by its words, by the context, by the spirit which war or while it is imminent. Then the volunteers are authorized ' ought to prevail in its construction, by everything in it and about to be enlisted for two years unless sooner terminated. 'l'his means it, the services of every one of these volunteers are to terminate that if the war should last two vears or be imminent for two nt the conclusion of hostilities. They were enlisted under a pro­ years, such volunteers might be held for that time. But the last vision that the Volunteer Army shall be maintained only during p1·ovision of the paragraph, to make assurance doubly sure, says the existence of war or while war is imminent. Then upon a the volunteers shall be discharged when the purposes for which proviso at the end of the section is hinged this question of con­ they were called into service shall have been accomplished. struction. The section is: Now, Mr. Chairman, what were the purposes for which these SEc. 4. That the Volunteer Army shall be maintained only during the ex­ men were called into service? This country had demanded that istence of war, or while war is iii1IIUnent, and shall be raised and organized, the Government of Spain should withdraw its forces from and ~·:i~~~tag; 1~:i~~i~~gh ~n£6r~~t~; go~1f~1,~e 0~c1~;\1 ~;;rc:~i\~:6~~~ give up the island of Cuba. Spain having declined to do this;these States the militia of the several States: Provided, That all enlistments for volunteers were enlisted for the purpose of carrying on a war with the Volunteer Army shall be for a term of two years, unless sooner termi­ Spain. nated, and that all officers and men composing said army shall be discharged from the st-rvice of the United States when the purposes for which they That war has been successfully fought, and the commissioners · were called into service shall have been accomplished, or on the conclusion of the two countries have now about concluded a treaty. of peace, ~ hostilities. _ which, it is expected, will soon be ra~ed. When this is done, I Does that proviso mean that these volunteers are enlisted for contend that the purpose for which these men were enlisted hav­ fiOmething else than the period of time specified in the leading ing been accomplished, there is no legal authority for retaining part of the section? Does- it mean a repeal or a modification of the them in the service longer than such time as may be necessary to explicit language that the Volunteer Army shall be maintained bring them home and properly muster them out of the service. only during the existence of war or while war is imminent? Cer­ These volunteers did not enlist for the purpose of doing guard tainly not. It must be construed in harmony with the controlling duty, either in the United States or Cuba or anywhere else, in 1898. CONGRESSIONAL RECORD-HOUSE. 83

time of peace. They were called for the purposes of war, and Mr. UNDERWOOD. Mr. Chairman, I would like to offer an when that war is over and a treaty of peace ratified, in my judg­ amendment here, but I do not ask that it be voted on until I see ment, it will be bad faith to those who want to be discharged to what disposition is made of the amendment offered by the gentle­ hold them for other purposes than those for which they enlisted, man from Arkansas. I would like to ask consent to offer it now and, as has been said, I think it will be a great wrong to hold and let it be considered as pending. If I allow the paragraph to these volunteers as hostages to coerce Congress to largely increase pass, I shall not have the opportunity of offering it later. the standing army. Whatever the legitimate needs of the Gov­ Mr. CANNON. What is the gentleman's amendment? ernment are for an army, Congress should make provision for Mr. UNDERWOOD. It is on page 7, line 24. supplying it, and I doubt not that Congress will do so. Mr. CANNON. Let the amendment be read, and perhaps we But I repudiate the construction that these volunteers can be can make some agreement about it. held for any other purpose than the one for which they enlisted. Mr. UNDERWOOD. To add after the word "volunteer " in I am sure they understood this law as I understand it now when line 24, page 7; and before the word "under," the words "until the they volunteered; and if men are needed for other purposes,.it is treaty of peace is concluded with Spain." our duty to make provision for getting them. Mr. CANNON. I shall have to make a point of order on that. The CHAIRMAN. The time of the gentleman has expired. How~ver, I understand the gentleman does not care about taking Mr. CANNON. I will ask the gentleman if he wa.nts additional · the time to vote upon the amendment until he sees what disposi­ time? tion is made of the amendment offered by the gentleman from Mr. ALLEN. I would like two or three minutes more. Arkansas. Mr. CANNON. I ask unanimous consent that the gentleman :Mr. UNDERWOOD. Yes, I would like to hayethe amendment be allowed two, three, or five minutes additional time. considered as offered and let it remain pending until the other MI·. ALLEN. Mr. Chairman, at the proper time I shall offer amendment is disposed of. this amendment: .Mr. CANNON. Well, if the amendment of the gentleman from After line 11, on page 28 of the bill, insert: Arkansas is not adopted, I am willing to go back or to ask the "Provided, That nothing in this act sha.ll be construed to ::mthorize the hold­ committee to go back to this paragraph and let the gentleman ing of the volunteers enlisted under the act approved April22, 1898, and sub­ from Alabama offer his amendment. sequent acts authorizing the raising of the volunteer force now in the mili­ tary fore~ longer than peace is declared than is necessary to muster them on t." Mr. KING. Mr. Chairman, I desire to offer the amendment which I send to the desk. I want by this amendment to preclude the construction that The Clerk read as follows: seems to be put on the law by the Administration and the one for On page 8, line 2, after the word "acts," add the following: "to March 31 which the gentleman from illinois ha-s to-day contended, that thes~ 1899;" so as to read "for vay of volunteers under act approved April22 1898' volunteers can be held for two years from the time of their enlist­ and subsequent acts, to March 31,1899, as follows:" ' ' ment if their services should be needed for any purpose. Mr. CANNON. I understand that the object of this amend- Now, gentlemen, this proposition is put squarely and plainly for ment is to appropriate only until the 31st of March? you to vote on to-day. I make this contention in the interest of a Mr. KING. Yes, sir; that is the purpose. great many worthy and patriotic men who gave up their business Mr. CANNON. It seems to me that the amendment is not sub­ and left their homes to fight and who when all prospect of fight­ ject to a point of order. ing is over are entitled to be permitted to return to their homes Mr. KING. I think not. and their business. The CHAIRMAN. The question is on agreeing to the amend· The CHAIRMAN. The time of the gentleman from Mississippi ment. has expired. The Cle1·k will now read the bill for amendment. Mr. KING. Mr. Chairman, I desire to submit a few remarks in The Clerk, proceeding with the reading of the biil, read as fol­ support of the amendment just offered, and it is presented more lows: for the purpose of calling attention to the injustice of keeping vol· OFFICE OF THE SECRETARY OF WAR. unteer troops in service in violation of law than in the belief that For contingencies of the Army, namely: For all contingGnt expenses of the Army not provided for by other estimates, and embracing all branches of it will be adopted. It seems to me from the discussion which has the military service, to be expended under the immediate orders of the Sec­ thus far taken place, and especially from the very frank confessions retary of War, $200,000. of the chairman of the committee, that it is the purpose of some Mr. CANNON. Mr. Chairman, I desire to offer the following members of this House to compel a violation of the act providing amendment. for the organization of the Volunteer Army of the United States. The Clerk read as follows: The design, it appears, is to hold a-s a club over our heads the On page 3, at line 19, insert "for emergency fund and to meet unforeseen threat that unless a large standing army is created the President contingencies constantly arising, $3,000,000." · of the United States will retain the brave and heroic men who Mr. HANDY. Reserving the right to object, I would like to ask volunteered to fight in defense of the flag and of the country and some explanation. It seems to me to be subject to a point of order. refuse to permit them to return to their homes and the pursuits of Mr. CANNON. I think it is not subject to a point of order, peace. It is clear that the act alluded to in its proper construction but I am willing to make some explanation. means that those volunteera enlisted only until the cessation of Mr. HANDY. It strikes me it is new legislation. hostilities, and that an imperative duty rests upon the President Mr. CANNON. Not at all; it is an appropriation for the Army. of the United States to muster them out of the service upon the I will state, however, the object of the amendment. It was con­ conclusion of peace. sidered by the committee on the deficiency bill, and I believe the But I take it from the statements which have been made by the committe~ were unanimous; at least, I can speak for the most of distinguished chairman of the committee (and no doubt he speaks it. There is later on an item of a inillion dollars for an emergency for the President and for the Administration upon this subject) fund for the Navy. This is for the military establishment, and that it is not the purpose of the Administration or of the Presi­ the reason for this appropriation is that no man, no legislative dent to immediately muster out of service the volunteers, though body, and no executive officer can provide for the important con­ hostilities between our Government and the Kingdom of Spain have tingencies that probably will arise in the next six months. ceased and peace has come. If the gentleman will take the bill he will see there is not so much Mr. GANNON. I will say to my friend that I have no authority for ordnance, so much for mileage, etc. rr'he conditions are wholly to speak for the President. He is quite able to speak for himself. unlike any that have existed since the late war. A part of the Mr. KING. Well, I take it, Mr. Chairman, that the utterances Army is in Porto Rico, a part of it in Cuba, and a part of it in the of the gentleman who has just interrupted me will be regarded Philippines. Now, what the necessities maybe in both Army and by the country as the utterances of the Administration in this re­ ·Navy, under these conditions, in the next six months is entirely gard. It seems to me that it is not right for this Congress to pass a impossible to foresee: and in addition to the estimated appropria­ law which will help the President to infract a law which has here­ tions, specific in their nature, it was thought wise, following the tofore been passed, and there can be no doubt but what the Ad­ precedent on a much larger scale, when we made the first emer­ ministration will construe this measure as an authorization to gency appropriation and the subsequent emergency appropriation, violate the volunteer act byholding.indetinitelyin service the vol­ both for the Army and the Navy-most of which, by the way, es­ unteer soldiers. It is clear that the letter and spirit of the act to pecially that for the Navy, is to be covered into the Treasury on which I have referred requires at the hands of the President the the 1st of January-we thought the proper interests of the public mustering out of these volunteers when the war is terminated. service required this general approp1iation for conditions that may What right has the Government to hold the volunteers bevond and perhaps will arise. the period of their_enlistment? By providing for their payment The CHAIRMAN. The question is on agreeing to the amend­ as contemplated by this bill we declare that they may be retained ment offered by the gentleman from Illinois [Mr. CANNON]. in the Army for more than a year, although we have every reason The amendment was agreed to. to believe that a treaty of peace with Spain will be signed within The Clerk, proceeding with the reading of the bill, read as fol· a few days. lows: No one would detract from the splendid achievements of the vol­ For pay of volunteers under act approved April 22, 1898, and subsequent unteers or do anything to prevent them from being fullypaidfor acts, as follows. their services; but, now that the war is ended, they desire to be 84 CONGRESSIONAL RECORD-HOUSE. DECE~ER 8,

mustered out, and I am not willi11g to do anythlng which indi- it be ratified at all? Is the gentleman a prophet or the son of a cates a purpose to compel them to remain longer than was con- prophet? templated when they enlisted. This is a deficiency appropriation But suppose that it is ratified in February. Then the army from bill, not a regular one. If, before we adjourn, it becomes evident Manila starts home. It could not anive short of six weeks or two that the volunteers will not be discharged by the 31st of March, months. That would bring .it to the 31st day of March. They 1899, then ample provisions can be made topaythem. We should could not be paid the customary sixty days' pay. But, Mr. Chair· indicate .that we will not approve a proposition to the effect that . man, ·this bill as the committee reported it is right. in my judg- ,. the volunteers will be held until a large standing army is provided. ment, and the effort of the gentleman to make capital, if that is The discharge of the volunteers is in no wise connected with the the effort, with the volunteer soldiers is, I think. misplaced. I scheme to augment the Regular Army of the United States. am satisfied that I correctly voice the volunteer soldier when I It is a question addressing itself to the legislative department of say he is willing to abide his enlistment under the Jaw, and if his the Government to determine whether the.re shall be an augmen- country needs his service in her defense under the law, I am prais· tation of the Army of the United States. Congress determined ing him when I say he is willing to give it, and the gentleman the terms under which the volunteers should be muste1·ed into the slanders him when he says he is not willing to give it. [Applause service; it prescribed the circumstances or eondi tions under which on the Republican side.] those volunteers should be mustered out of service. If, now, when The CHAIRMAN. The question is on agreeing to the amend- we know that peace is at our doors. when it is clear that unaer the ment offered by the gentleman from Utah [Mr. KING]. existing law the volunteers should soon be mustered out, we make Mr. ALLEN. Mr. Chairman, I am opposed to the amendment an appropriation in such form as would permit a violation of the offered by the gentleman from Utah [Mr. KING] limiting the use law, and might perhaps be construed into an authorization to con- of this appropriat:wn till the 31st of March next. because, as sug­ tinueindefinitelyinservicethosemen whoshould bemusteredont, gested by the gentleman from Illinois [Mr. CANNON]. that might then the legislative branch of the Government will ·come under leave the volunteer forces unprovided for under our construction the same censure which might be passed upon the executive arm of the act under which they were enlisted, b~cause we can not of the Government. know just when the treaty of peace will be ratified. I would · If this amendment should prevail, and if it should be deemed prefer that the limitation be extended to a certain time after the proper to increase the standing Army, we have a period of nearly declaration of peace, which would give the volunteers ample time three months in which to determine that question. It is clear tu be brought home and properly mustered out of the service: and that peace will come within a few weeks at most. We can then as some of them are a great way from home, I have concluded to determine whether or not it will be necessary to increase the stand- change my amendment so as to limit the use of the appropriation ing army of the Government. We shall be in session until the to three months after a treaty of peace is ratified. 4th of March, and if it is desired that the standing army be in- Now, Mr. Chairman, I want to say to my friend the gentleman creased. it can be done upon fair and full discussion, and we shall from illinois LMr. CANNON], if he will permit a good-natured aug­ not subvert the sp-irit of an a-ct heretofore passed and aid in an gestion from one of his best friends, that he ought not to assail unwarranted construction being placed upon the same. the motives of every man who has occasion to differ with him We shall not be parties to coutinuing in the service men who · about his bills or who antagonizes his views. He said, in speak· enlisted to fight and not to do merely police duty. The volun- ing of those of us who do not agree with him on this matter, that teers are patriotic and are willing to serve their country when we were seeking to curry favor with the volunteers. Suppose needed, but I am persuaded that they will resent any effort which we should come back and accuse him of seeking to curry favor looks to holding them as an instrument to force and coerce Con- with the Administration? [Laughter on the Democratic side. J gress into establishing an army sufficiently large to meet the I would not do such a thing, but I just mention this to show him swollen and uncertrin ideas of many of our countrymen. Let the impropriety of "throwing bricks" at others. [Laughter.] the volunteers be mustered out when the purpose for which they My object is not to curry favor with the volunteers, but to do for enlisted is accomplished,. and let Congress dispassionately and in them what I endeavor to do for all others for whom we legislate a spirit of true Americanisill address itself to the question of the here-to do them justice-and because I happen to take a differ· Army and Navy and their maintenance. ent view of this proposition from that entertam ed by my friend I rHere the hammc. fell.) do not think my purposes or motives should be assailed. Mr. CANNON. Mr. C..13irman, I hope the amendment will not I sup-pose almost every member here is receiving letters every bo adopted. Any labor in opposing it is, I feel, almost unneces- day from men who volunteered to go to war, asking to be 4is­ sary, because. I think perhaps it was intended as nothing more than charged, now that the war is practically over. We can not get them a proposition upon which the gentleman might make his five min- all out by asking for their discharge, nor can we expect it; but ntes' talk. I will ask him whether he is in earnest in offering the when the purposes for which they volunteered have been fully D.ID.endment? accomplished, I am opposed to appropriating money to onable tho Mr. KlNG. I have offered it in good faith. _ Government to keep them in the service. Mr. C....1..NNON. ~ery well, then; I will address myself to it in The gentleman from Illinois [Mr. CANNON] suggests that if tho good faith. law under which these men were enlisted limits their services un· Much has been said about keeping the Volunteer Army in til the ratification of a treaty of peace ~nd the Government then service under the law; much has been said as to whether the law attempts to hold them in the service, they can go into the courts a.uthorizes it·. Well, sir, that question does not come up legiti- and secure their discharge. This is poor consolation to a man mately at this time. Some gentlemen on the other side agonize away out in Manila or down in Cuba, where we havA no courts about it; but I always supposed it to be quite sufficient to cross~ to construe our laws, and I put it to the gentleman if he does not bridge when we come to it. This bill which the gentleman pro- think that in dealing with this matter here it would be better for poses to amend in no way keaps the Volunteer Army in service us to settle this question than to force every volunteer soldier in after the war closes or discharges them after the treaty of peace the Army into a lawsuit with the Government in order to get out? is declared. It does not affect that matter one way or the other. Mr. CANNON. Just a single word and then I will ask for a It lets the law stand as it is. ~ Now, if the gentleman from U tah vote. I think the gentleman takesapartofmyremark and ignores ~d other gentlemen on that side are right in their construction the other part. He and I have a common interest in currying of the law, then when peace is d13clared the courts will be open. favor with the volunteers, because a good many in whom he is and any man who is unlawfully held in the military service can specially interested from his State are my cvnstituents. I will be dischar ged. So much for that. ask for a vot"'. Mr. Chairman. Now, let us see what the gentleman proposes to do practically. The CHAIRMAN. The question is on agreeing to the amend· He proposes that not a dollar be appropriated for the Volunteer ment of the gentleman from Utah [Mr. KING]. Army, to be expended after the 31st day of March. Where is the The question being taken, the amendment was r ejected. Volunteer Army? A portion of it is in Manila, 7,000 miles from The Clerk, continuing the reading of the bill, read a. follows: San Francisco. Some gentleman says it is farther; I do not pre- Total amount of pay to volunteers, $15.155,G23.8!. tend to speak accurately. Another portion of the Army is-in Mr. ALLEN. Mr. Chairman, after line 6, on page 12, I offer Cuba: anotha? portion in Porto Rico. Now, it is less than four this amendment: months to the 31st of March. This bill provides in the ordinary After line 6• on page 12, insert: way for the current fiscal year. Now, the practice obtains under •• Provided, That the money appropriated by this bill for the pay of volnn- the law-of granting a furlough with thirty days· pay to troops that teers under act approved April22, l~AA. sud subsequent acts authorizing tho are musuered out if their service has been in this country, and raising of volunteers, shall not be available for the payment of the volunteer oL:t-; days' pay to those who have·had service abroad. forces now in the service longer than three months after the ratificatlOn of a •~ treaty of peace." That has been done and is being done now and no doubt will be The CHAffiMAN. The gentleman will send up his amend- done. The gentleman would deny the money to the volunteer ment, please. soldier who might leave Manila when the treaty of peace is rati- The amendment was read by the Clerk, as follows: fied-God knows when; I do not. It has not yet been made~ Is 6 it to be ratified by this Senate, or is the Senate to come together ~~~f~~d. 'Th~~~~: :o.:!~e~~~ropriated by tl.is bill for the pay of volun­ in extra01 dinary session after the 4th of March to ratify it? Will teers under act approved April22, 1898, and subsequent acts authorizing the 1898. CONGRESSIONAL RECORD-HOUSE. 85

raising of volunteers, shall not be available for the payn)ent of the. volunteer The C1erk read as follows: forces now in the service longer thari three months after the ratification of a treaty of peace." On page 20,line 16, strike out "two" and insert '~four." Mr. CANNON. I shall have to make the point of order on this The amendment was agreed to. amendment. It is clearly legislation. Upon the one hand, if the The Clerk read as follows: volunteers are entitled to discharge upon the making of a treaty For purchase and manufacture of ordnance stores to fill requisitions of of pe;ace, this enlarges the time and it might have the effect of troops. $6lMOO. holding them longer, perchance, than the law allows; or, on the Mr. CANNON. Mr. Chairman, I desire to offer the following other hand, it might have the effect of curtailing the time· that amendment. · the law might allow them to be retained. It seems to me that it The Clerk read as follows: · is subject to the rule. On page 20, line 19, strike out "l;!ixty·two thousand five hundred" and in­ Mr. DOCKERY. You think that if the law gives them the sert "two hundred and fifty." right to be mustered out at the close of hostilities, that this Mr. DOCKERY. Mr. Chairman, I do not see the gentleman amendment would operate to extend the time of their service? from Texas [Mr. SAYERS] present. Aretheseamendmentsagreed Mr. CANNON. It might do so. It pays them for three months to? or it authorizes the paying of them for three months after the Mr. CANNON. The subcommittee had a meeting this morn­ ratification of a treaty of peace, and that necessarily would author­ ing and heard the Chief of Ordnance, and these amendments were ize holding them in the service, it seems to me. agreed to. Mr. ALLEN. Mr. Chairman, the gentleman from Illinois a Mr. DOCKERY. Agreed to by the minority? while ago was very much opposed to the amendment of the gen­ Mr. CANNON. Yes. tleman from Utah [Mr. KING] because it did not gtve sufficient Mr. McRAE. Mr. Chairman, I desire to call the attention of time. ~ow he is opposed to my amendment because it gives too the gentleman from illinois to the fact that if the amendment was much time. If he would suggest how much time he would like to properly reported the effect would be the opposite of that which have, maybe we could come to an agreement. he desires. Mr. CANNON. I will do that. The time which I suggest is Mr. CANNON. Read the amendment again. the time given under the law, or that which shall be given under The amendment was again reported. law to be hereafter enacted, on bills that carry legislation and not Mr. McRAE. You strike out sixty-two thousand five hundred appropriation. and insert two hundred and fifty, so that you would only have Mr. AJ.JLEN. Mr. Chairman, I believe a point of orderis under $250 left. · consideration, and I think 1 can tell the Chairman what the law is Mr. CANNON. Insert $250,000. upon the subject. The amendment as modified was agreed to. The CHAIRMAN. The Chair will hear the gentleman upon The Clerk read as follows: the point of order. F~r infantry, cav~lry, and artillery _equipm~nts and horse equinments; Mr. ALLEN. My understanding, as an old parliamentarian, eqmpmenU? of all kin.ds for fie!d and siege artillery, and for miscellaneous war material. and articles and unplements for war purposes. including ma­ and you know parliamentary law is my strong suit, is that a limi­ chinery and t<>ols for their manufactnl"e at the arsenals, $60,000. tation stating how an appropriation is to be used is not a change of existing law and is not subject to the point of order. Mr. CANNON. I offer the following amendment: Now, the whole point of this amendment and all there is of it The Clerk read as follows: is that this simply says that the appropriation shall only be used On page 20, line 2f, strike ont "sixty" and insert "one hundred and fifty. u to pay these volunteers for not longer than three months after the The amendment was agreed to. ratification of the treaty of peace, and that time is only intended MESSAGE FROM THE SENATE. to give them ample opportunity to get back home, take the fur­ loughs which the gentleman tells us about which the Government The c~mmittee informally rose; and the Speaker having taken is in the habit of giving them, and then give them their pay and the chai.r, a message from the Senat~. by MJ;. PLATT, one of its muster them out. That is the purpose of the three months, and clerks, announced that the Senate had passed without amendment there is no more violation of the rules of this House when you say bills of the following titleR: that this appropriation shall be extended for three months after H. R. 1045. An act granting a pension to Mary A. Caulfield; the ratification of a treaty of peace than there is when you say it H. R. 2869. An act granting a pension to Eliza J. Mead: shall go to the 1st of July next. H. R. 4200. An act granting an increase of pension to Ellen The bill fixes the time now at the lst of July next. This amend­ Stack; ment only changes it to a limitation· of three months after the H. R. 4668. An act granting a pension to Maggie Morris; ratification of a treaty of peace. I can not see, for the life of me, H. R. 4741. An act granting a pension to Lucy Nichols; how it changes existing law. It gives ample time to muster them H. R. 5746. An act granting a pension to Elizabeth D. Pittman· out. Now, all of you gentlemen who want to get your volunteer H. R. 6076. An act to increase the pension of Thomas B. Ham~ friends furloughed, treated decently, brought home, given ample mond; time, and turned out of the service after the purposes for which H. R. 6944. An act to pension John F. Gates; they enlisted have been accomplished come up and vote for this H. R. 7230. An act granting a pension to Mary Paul· amendment. H. R. 7257. An act granting a pension to Rachel T. Abbott· The CHAIRMAN. In the opmion of the Chair, the amendment H. R. 7293. An act granting a pension to Della E. Spaulding· offered by the gentleman from Mississippi is a limitation. and H. R. 7595. An act granting a pension to Sarah E. Ward· ' therefore, following the precedents on that point, the Chair over­ H. R. 8180. An act granting a pension to Isabella Cross;' rules the point of order. The question is on the amendment H. R. 9224. An actincreasingthe pemdonof David R. B. Harlan; offered by the 1.5entleman from Mississippi (Mr. ALLENJ. H. R. 9866 • .An act granting a pension to Joseph Griffith· The question being taken, Mr. ALLEN demanded a division; and H. R. 10055. An act granting a pension to James Burnett· there were-ayes 51, noes 71. H. R.10080. AnactgrantingapensiontoFrancesE. Utley Davis; Accordingly the amendment was rejected. and The Clerk read as follows: H. R. 10276. An act granting an increase of pension to George Witter. ORDNANCE DEPARTMENT. URGENT DEFICIENCY APPROPRIATION BILL, For current expenses of the ordnance service required to defray the cur rent expenses at the arsenals; of receiving stores and issuing arms and other The committee resumed its session. ordnance supplies; of police and office duties.: of rents, tolls, fuel, and lightsi· The Clerk read as follows: of stationery and office furniture; of tools ana instruments for use; incidenta For overhauling, cleaning, and preserving new ordnance on hand at the expenses of the ordnance service, and those attending practical trials and arsenals and depots, $20,000. tests of ordnance, small arms, and other ordnance supplies, including pay­ ment for mechanical labor in the office of the Chief ot Ordnance, $50.000. Mr. CANNON. .Mr. Chairman, I offer the following amend· Mr. CANNON. Mr. Chairman, I desire to offer the following ment. amendment at the close of the paragraph the reading of which The Clerk read as follows: has just been concluded. On page 21, line 4, strike out "twenty" and insert "twenty-five." The Clerk read as follows: The amendment was agreed to. The Clerk read as follows: On page20, in line 10, strike out" fifty" and insert" one hundred and fifty." For .InaJ?.ufac~re, repa~ing, procuring, and issuing arms at the national The amendment was agreed to. armones, mclnding machinery and tools for their manufacture, $275,000. The Clerk read as follows: Mr. CANNON. Mr. Chairman, I offer the following amend­ For manufacture of metallic ammunition for small arms and ammuni­ ment. tion for reloading cartridges and tools for the same, including the cost ot target.q and material tor target practice; ammunition for burials at National The Clerk read as follows: Home for Disabled Volunteer Soldiers and its several Branches, and marks­ On page 21, line 7l. strike out "two hundred and seventy-five" and insert men's medals and insignia for all arms of the service, $200,000. "three hundred ana twenty-five." . Mr. CANNON. I desire to offer the following amendment. The amendment was agreed to. 86 ,OONGRESSIONAL REOORD-HOUSE. DECEMBER 8,

The Clerk read as follows: Mr. CANNON. Some of them. If this is adopted it does not That if the balances remaining unexpended January 1, 1899, of the appro­ change the police and watch force for the last half of the fiscal priations made by the deficiency a:ppropriation acts approved May 4: and year from what it is now and ha.s been for the first part of the June 8, 1898, respectively, and by sectiOn 2 of the deficiency appropriation act approved July 7,1898, on account of war expenses, under the titles "War De­ year. _ . partment," "Military establishment," and "Naval establishment," shall be Mr. BURKE. My object, Mr. Chairman, in asking the ques­ msuffi.cient to meet the fore~oing appropriations made by this act, a sum tion is that it strikes me that 70 men to guard the Capitol is an equal to such deficiency of said balances is hereby appropriated out of any money in the Treasury not otherwise appropriated. extraordinary number. . Mr. HEMENWAY. They also guard the grounds. Mr. McRAE. Mr. Chairman, I offer the amendment read this Mr. BURKE. The grounds take care of themselves. It is like morning. hiring a man to watch a hole in the ground. [Laughter.] I am The Clerk read as follows: going to offer an amendment, Mr. Chairman. Insert in line 11, page 27, after the word "appropriated," the following: The CHAIRMAN. The Clerk will read the amendment. "Provided, That nothing in this act shall be construed to change, extend, or modify the provisions of section 4 of the act of April22, 1898, and subsequent The Clerk read as follows: acts." On page 27, beginning with line 19, strike out the following paragraph: "To continue the employment dm·ing the six months :beginning January Mr. CANNON. I think, Mr. Chairman, my friend from Ar­ 1.1899-t of not exceeding 18 additional Capitol policemen (privates), at the rate kansas desires the amendment adopted. Does he? of $96u per annum each, $8,610." , Mr. McRAE. Certainly. Why should I offer it if I do not want Mr. BURKE. - With reference to that amendment, Mr. Chair­ it adopted? man, I desh·e to offer this suggestion: It strikes me t~at 49 men, as Mr. CANNON. Well, but a state~ent of the effect of the act. a regular force of Capitol police, is a sufficient number to do po· If my friend really desires its adoption, as I do not think it changes lice duty and police service in the Capitol building and to guard existing law in one way or another, so far as I am concerned, as the Capitol grounds. Forty-nine men at an expense of $80 or $90 one member of the committee, I will not object. a month, it strikes me, ought to serve the purpose in every respect, Mr. McRAE. Then I take it as accepted, and I very much well and fairly for policing this Capitol. With the police force as desire it to be adopted. at present constituted, comprising 67 men, an explosion occurred The amendment was agreed to. in the Capitol a few weeks ago, costing many thousand dollars. The Clerk read as follows: I offer that amendment to strike out and reduce the force to the - HOUSE Oll' REPRESENTATIVES. original number of 49 men. · For stationery for members of the House of Representatives on account Mr. CANNON. I wish to say a word in opposition to the gentle­ of the fiscal year 1899, $5,000. man's. motion to strike out this appropriation. Your committee Mr. SHERMAN. Mr. Chairman, I offer the following amend­ had before it the Sergeant-at-Arms of the Senate and the Sergeant­ ment. at-Arms of the House, who, with the Architect of the Capitol, have The Clerk read as follows: charge of the police force of the Capitol and grounds. I will say That hereaft-er members of the House of Representatives who are chair­ to the gentleman from Texas that this force not only polices ~he men of committees entitled to clerks shall be entitled to the same allowance Capitol, but also the Capitol grounds, some 60 acres in extent, for clerk hire as is authorized to other members of the House of Representa· tives who are not chairmen of committees by the joint resolution approved and it is the only police force for the Capitol grounds, as the city March 3, 1893, and by House resolution passed May 8, 1896; and the appro­ police force does not perform that duty. - priation for clerk hire to Members and Delegates made in the legislative, Mr. HANDY. How many are assigned to the grounds and how executive, and judicial appropriation act for the fiscal year 1899 is hereby made available to J)ay such clerk hire as herein provided: Pmvided, That many to the building? .clerk hire shall be allowed up to July 1,1899, for all members of the Fifty-fifth 11/[r. CANNON. I did not inquire about that, but gentlemen Congress. will recollect that the police force is divided into three shifts of Mr. MOODY and Mr. WILLIAMS of Mississippi. Point of eight hours each; that is the rule of-the Government. Now, they order! strongly urge that this force is too small instead of too great. The CHAIRMAN•. The point of order is raised against the This force "is on duty holidays and Sundays and all times, unlike amendment. much of the private service of the Government. In addition, it Mr. CANNON. I think it is clearly subject to a point of order, has been shown, as they state, by experience that prior to the in· but I did not make it for the reason-- - · crease 9f this force people were held up and sandbagged about Mr. WILLIAMS of Mississ_ippi. I made it, Mr. Chairman. the grounds. The gentleman says it seems to be too large. This Mr. CANNON. I understood it to be reserved. I want to say, is exactly the force in numbers that polices the Treasury, and for in justice to myself, I did not make it for the reason that a some­ the War, State, and Navy there are 64. Of course, the great what similar resolution, covering the vacation, was adopted here number of visitors from all over the country and all over the at the last session of Congress. world seems to indicate that this force is not too large, especially Well, I am quite careless as to what may be the result of this when a portion of. the force is practically just as much on duty amendment. I did not feel at liberty to interpose the point of at night as it is in the day, at least for sixteen hours, practically order, as a number of gentlemen were interested in it, but it has all the day, whereas in the Treasury and the War, State, and been reserved by the gentleman from Mississippi. - Navy Department the great bulk of the force is only required to Mr. SHERMAN. I would like to inquire whether the gentle· be on duty in the daytime. man from Mississippi [Mr. WILLIAMS] raises the point of order, I lmow that 67 are a good many men; but this Capitol is a pretty or whether he merely reserves it. Does the gentleman raise -the large building,-covering a good deal of ground, and in view of the point of order? · - · positive statements of the officers in charge of the force your Mr. WILLIAMS of Mississippi. I made the point of order. committee did not feel at liberty to refuse to report and recom· Mr. SHERMAN. I desire to know whether the gentleman de­ mend this provision. sires to press it, or whether he raised it to hear the question 'dis- Mr. HENDERSON. Is it not t1·ue that these 18 men were added cussed. - · · on account of the war? Mr. WILLIAMS of Mississippi. I raised the point of order, Mr. Mr. CANNON. I presume they would not have been added Chairman, because the amendment is subject to a point of order but for the war. and ought not to be put upon this bill. · · Mr. HENDERSON. These additional men, I understand, were Mr. SHERMAN. Then I will let the Chairman rule. appointed on account of our anxieties at that time; but those have The CHAIRMAN (Mr. DALZELL). The Chair sustains the point largely subsided, have "they not? of order. Mr. CANNON. To some extent they have subsided; but I will The Clerk, proceeding with the reading of the bill, read as fol­ say to my friend from Iowa that an increase of force to the extent, lows: not of 18, but of 36, has been recommended for years, and strenu· To continue the employment dm·ing the six months be&"inning January 1, ously insisted upon, by the officers who had most knowledge lS~A~f not exceeding 18 additional Capitol policemen (pnvates), at the rate touching the matter-the Sergeants-at-Arms of the House and of ~per annum each, $8.6ro. ' · the Senate and the Architect of the Capitol. It will be remem· Mr. BURKE. Mr. Chairman, I have an amendment to offer, bered that· even with the present force we have recently had in but before offering it I wish to ask the chairman of the Committee this building an eiplosion and a fire. I do not know who is to on Appropriations how many policemen there are on the force blame, or that any blame attaches to anybody. Perhaps if the now. Appropriation is made for 18 additional policemen. My force had been double its present number the accident might understanding is that there are now on the force 52 regular police­ have occurred. I do not know how that may be. men. Mr. SHAFROTH. I should like to occupy the floor for a min- Mr. CANNON. Forty-nine regular, and they were increased ute or two. · - by 18 for the first half of the year, making 67 in all. This con­ Mr. C.ANNON. Certainly. tinues the 18 for the balance of the year. Mr. SHAFROTH. Mr. Chairman, I had occasion some timo Mr. BURKE. So that makes the Capitol police force 67? since to examine a book upon the subject of the police force of the Mr. CANNON. Sixty-seven, thesanieasit is now. That is for various cities of the United States. I found that the average the Capitol police force and watchmen for the Capitol grounds. number of policemen required in our different cities is about one Mr. BURKE. Does this 18 additional include watchmen? to every thousand of inhabitants. Applying that ru1e as a te&t in .

1898. CONGRESSIONAL RECORD-HOUSE. 87 - this case, it would seem that a force of 67 men here asked for The bill as amended was ordered to be engrossed and read a third would be sufficient to patrol a city of 67,000 population. time; and it was accordingly read the third time, and passed. Mr. HANDY. That is just the number of the police force of On motion of Mr. CANNON, a motion to reconsider the last the city of Wilmington, Del. vote was laid on the table. Mr. SHAFROTH. It would seem that this force of 67 must be much larger than can properly be required for patrolling this REPRINT OF HOUSE BILL 6346. building and the grounds surrounding it. It is seldom that we On motion of M.r. BULL, by unanimous consent, a reprint was see a policeman in the Capitol grounds. Certainly it can not be ordered of the bill (H. R. 6346) to provide for the enrollment and claimed that we should have a force here equal to that which a organization of naval reserve forces. city of 60,000 population employs to protect its people from the depredations of criminals. It seems to me that the present Capitol ADJOURNMENT UNTIL :MONDAY NEXT. police force, 49 in number, should be amply sufficient to thoroughly patrol this building and the adjacent grounds. Mr. CANNON. Mr. Speaker, I move that when the House ad­ Besides, this appropriation is made for six months, from Janu­ journ to-day it adjourn to meet on Monday next. ary 1 to June 30. During that time Congress will be in session Mr. BAILEY. Mr. Speaker, I ask if the gentleman from illi­ nois will agree that the order for Friday, which we lose by that but two months. During the remaining four months of th~ time these policemen will be patrolling an empty building, with neither motion, be made the order for Monday or Tuesday? branch of Congress in session and with committee rooms vacant. Mr. CANNON. No; we may have some pretty important bills During those months these men will be simply watching a build­ to consider during the whole of next week. My object in making ing absolutely fireproof, which can not burn down and which this motion is to allow committees that have legislation affecting contains nothing that any person would want to steal. appropriations, and perhaps other important matters, to formu­ Mr. CANNON. Will my friend allow me? late the same and report it to the House, in order that they may Mr. SHA.FROTH. Certainly. have two days for work. I apprehend that next week some of Mr. CANNON. It is true that a portion of that time Congress them will be ready with matters for consideration. will not be in session; but the 75,000,000 people of the United Mr. BAILEY. I think it entirely proper that the adjournment States will still remain in "the· United States. Great numbers of should be taken over, but I thought it was desirable to save Fri­ them visit the Capitol in the vacation of Congress, as well as dur­ day, as that day is frequently lost anyway. ing its sitting. My friend will recollect that ihe Capitol is open Mr. CANNON. That would give two Fridays, I presume, be­ during the whole year; and he will recollect further that the em­ fore the holidays. Anyway, we shall have Friday of next week. - ployees of the House and the Senate-messengers, etc.-are four, The motion of Mr. CA~ON was agreed to. five, or six fold the number of these Cap~tol police. RECLAMATION OF ..A.RID LANDS. Mr. SHAFROTR. That may be true; but it does not seem to me that any additional force is required on that account. The Mr. SHAFROTH. Mr. Speaker, I ask unanimous consent that building is the same size it has always been. Forty-seven or forty­ the bill (H. R. 9994) for the reclamation of arid lands, and for nine men have been· sufficient to patrol it in the past. We have other purposes, be taken up for consideration on Monday. I will never had any outrages committed in the building or on the state that this bill has received the unanimous indorsement of the grounds, so far as I have ever heard. Hence I can not see any Committee on Public Lands and also the indorsement of the Com­ necessity for increasing the force. , mittee on the Irrigation of Arid Lands. Mr. CANNON. My friend certainly c.an not be of an inquiring Mr. PAYNE. I will say to the gentleman that I shall have to mind or he would know that there has been destruction of public object to any such arrangement as that. The Committee on·Mer· property, etc.; and also that there have been at times very serious chant Marine and Fisheries stands next on the Calendar with an offenses committed in the Capitol grounds. important bill, and I do not intend to yield for unanimous con­ Mr. SHAFROTH. I mean to say that I have not heard of any­ sent to set apart a day for any other bill until that bill has been thing of that kind; but some offenses would be committed even if considered. the force were ten times as large as it is. I heard of the explosion Mr. SHAFROTH. I will state to the gentleman that it will which occurred here a few weeks ago, but I apprehend that any not take more than twenty minutes to consider this bill. number of policemen would not have been able to prevent any­ Mr. HANDY. Why not consider it now? thing of that kind. The accident resulted, I understand, from the Mr. SHAFROTH. I ask unanimous consent that the bill be escape of gas in one of the rooms of the subbasement. considered now. A MEMBER. An escape of gas and Congress not in session! The SPEAKER. The Clerk will report the bill. [baughter.1 · The bill was read at length. Mr. SHAFROTH. It seems to me, Mr. Chah·man, that the pres­ Mr. HEPBURN. Mr. Speaker- ent Capitol police force must be amply sufficient and that to Mr. SHAFROTH. Mr. Speaker, before any gentleman objects authorize the employment of 18 additional men would be a sq uan­ to this request I wish to make an explanation. The condition of dering of the public money. Why, sir, take the State capitol this bill is this: The Carey Act was passed some eight or ten years buildings throughout the Union; and I will warrant that scarcely ago, which granted to each of the arid-land States 1,000,000 acres of one of those buildings has a force of more than three or four for arid land upon the State reclaiming the same. That act was crude its protection. I know that in my city we have a magnificent legislation. It was placed on an appropriation bill. An amend­ public building, just completed at a cost of 53,000,000, and there js ment was made to it called the Carter amendment, which gave only one watchman in the daytime and one at night; yet the build­ certain additional procedures in reclaiming this land. It has been ing is amply protected. found that this law is totally inapplicable. The reason it is inap­ . A MEMBER. Your people out there are honest. plicable is that the law as embodied in the Carey Act now provides Mr.SHAFROTH. Yes, they are honest; but I do not apprehend that when any State wants to reclaim a given body of land it shall there is any necessity for a force twenty or thirty times as large make a plat of the land that it desires to reclaim. That plat is to to protect this building. be filed with the Secretary of the Interior. and when it isapproved The C~AIRMAN. The question is on the amendment of the by him the land is then segregatedfrom the public domain and no gentleman from Texas fMr. B~KE]. entries can be made upon it. . The question being ta'ken, there were-ayes 65, noe8 46. The practical operation of the provisions of this act has been Mr. CANNON. I ask for t ellers. that as soon as a State entered upon a project to reclaim some of Tellers were ordered;. and the Chairman appointed Mr. CANNON this arid land, pending the delay between the time of the making and Mr. BuRKE. of the plat and the approval of the Secretary of the Interior, vari­ The committee divided; and the tellers reported-ayes84, noes 68. ous people desirous to take advantage of the State's improvement Accordingly the amendment was agreed to. have filed upon some of the land. The State has found when the The Clerk resumed and completed the reading of the bill. plat was finally approved that part of the land has been filed upon, On motion of Mr. CANNON, the committee rose; and the Speaker and consequently it can not utilize the same. This law attempts having resumed the chair, Mr. DALZELL, Chairman of .the Com­ to remedy the defects of the Carey Act and the Carter amendment mittee of the Whole House on the state of the Union, reported that thereto. Upon that point it provides that when the governor of they had had under consideration the bill (H. R.10989) making ap­ the State shall make an affidavit that the State proposes to re­ propriations to supply urgent deficiencies in the appropriations for c~ aim some of this land ·and files a plat with the local land office, the support of the military and naval establishments for the last that immediately upon the filing of that plat the land shall be six months of the fi scal year ending June 30, 1899, and for other segregated from public entry for six months. · purposes, and had instructed him to report the same to the House The result of that provision will be that as soon as the State with sundry amendments and with a favorable recommendation. files its plat then it will be too late for the speculator to go and The SPEAKER. The question is on agreeing to the amend­ locate upon this land. Consequently he can not thwart the State ments. The Chair will put them together unless there is a 1·eq uest in its purposes. The other details of the bill have been gone over for a separate vote. by the Committee on Public Lands. The Commissioner of the The amendments were agreed to. Land Office has, in a written communication to us, suggested 88 CONGRESSIONAL RECORD-HOUSE; DECEMBER 8,

various amendments to us. We adopted those amendments, ex-1 full. and free ~nference have agreed to recommend and do recommend to cept, perhaps, in one instance. The original bill included Terri- their respective Houses a.-. follo~s: . t t ones,· an d 1't was thoug ht b y th e comm1'tt ee th a 1•t would no t b e andTnat agree the to House the same. recede from Its diSagreement to the Senate amendments, wise at this time to give that right to Territories. So that propo- JAMES A. CONNOLLY, s1tion was not included. THEO. OTJEN. The situation as to arid lands is simply this· These lands are of Managers on the part of the House. . . • KNUTE NELSON no use, no ut1hty whatever, to the Government. They are abso- s. pASCO, ' lutely worthless, and unless they are reclaimed they are of no Man-agers on the part of the Senate. benefit to anyone. When they are reclaimed they are very pro- Mr. CONNOLLY. I move that the report of the committee of ductive. The West now has no lands to which the public-land conference be agreed to. laws of the United States can apply. A man will not locate in The SPEAKER. The question is on agreeing to the report. that country upon 160 acres of land because he bas no water for Mr. DINGLEY. Let the statement be read. it. The water of the streams has been appropriated. The result Mr. WILLiAMS of Mississippi. Let us hear something about it. follows-we must build reservoh's, we must store this water, and Mr. CONNOLLY. The bill is to amend two section of theRe- then let it out upon this land. vised Statutes that relate to the duties and bonds of consular offi- lt takes large expenditures of money to do this, and the State, cars-consuls and commercial agents. As the law now stands either directly or through contractors, must undertake the work. these officers are all required to give bond; but that bond is given WJ;le~ it is done itwillproducelarge.development in th~ West, but ~o.the United Stat~s alone, and private individuals who may be as 1t 1s now the land laws of the Umted States, except m very rare InJured by the nnsconduct of. these consular officers have no instances, are totally inapplicable. That being the case, we be· remedy. It is proposed to change the statute so that the bond lieve that this legislation, which has been carefully conside1·ed by shall be given and filed with the Secretary of State, with Amer­ two committees, this bill to amend the Carey Act and the Carter ican sureties-sureties resident in the United States-and that substitute. and wh1ch perfects that legislation and permits these any person damnified by the conduct of the consul or consular States to take advantage of the provistons of those acts, ought to agent shall have the right to maintain an action in this country be passed. Now I should like to have the gentleman from Iowa on the bond and obtam a judgment against the prmcipal and [Mr. LACEYl say a word concerning the matter. sureties. That is the change that this works upon the statutes. :M:r. HEPBURN. Mr. Speaker, whenevertherequestforunani- Mr. UNDERWOOD. I would like to ask my colleague what mous consent is submitted to the House by the Speaker, I want to the Senate amendments are? object. Mr. CONNOLLY. . The Senate amendments add the office of Mr. SHAFROTH. I want to have unanimous consent either consul. The bill as it passed the House provided for consular offi· for the consideration of the blll now or to set a time-any time, I cars-consular agents and consuls-general. care not when-for its consideration. Mr. UNDERWOOD. And the Senate adw consuls. The SPEAKER. The gentleman from Colorado [Mr. SHAF- Mr. WILLIAMS of Mississippi. It is to prevent anything like ROTH] asks unanimous consent for the consideration of the bill a recurrence of that Paris case? which has been reported to the House. Is there objection? Mr. CONNOLLY. It prevents a recurrence of that Paris case, Mr. HEPBURN. I object. , and gives the citizen a remedy against the consular officer. The SPEAKER. Objection is made by the gentleman from Mr. COX. Will the gentleman allow me one moment? Iowa. Mr. CONNOLLY. Certainly. LE.A VE TO WITHDRAW P:A.PERS. Mr. COX. Does this amendment provide that the right of action - Mr. GROSVENOR. Mr. Speaker, I ask unanim.Jus consent to shall accrue against the consul personally? withdraw from the files of the Military Committee of the House Mr. CONNOLLY. Against him, personally, and the sureties the papers in support of the private claim of Capt. Craven Crowe. on his bond. · I have di<>posed of the matter so far as I am concerned, and desire Mr. COX. This is a personal action? to withdraw the papers without leaving copies·on file. Mr. CONNOLLY. Yes, sir; it provides a remedy for any citi- The SPEAKER. There having been no adverse decision? zen of the United States that may be damnified by the conduct of Mr. GROSVENOR. There has been no adverse decision. any of these consular officers. The SPEAKER. Is tnere objection to the request? Mr. COX. It is a personal action against him on his bond? Mr. WILLIAMS of .Mississippi What is the request? Mr. CONNOLLY. Certainly; it must be a personal action- Mr. GROSVENOR. To withdraw certain papers pertaining to can not be any other. a bill for a change of the muster of an officer of the Army. The question was taken, and the conference report was agreed to. There was no objection. Mr. DINGLEY. Mr. Speaker, I move that the Honse do now JOSIAH W. ·wHITE, DECEASED, adjourn. - Mr. SOUTHARD. . Mr. Speaker, 1 present tho:} following reso- The motion was agreed to; and accordingly (at 4 o'clock and 21 lution and ask for its immediate consideration. minutes p.m.) the House adjourned until Monday, December 12. The Clerk read as follows: Resolved, That the Clerk of the House of Representatives is hereby au­ E.XECUTIVE COMMUNICATIONS, ETC. thorized to pay to the widow of Josiah W. White. late a messenger on the sol· Under clause 2of Rule XXIV, the following executive and other diers' roll of the House of Representatives, a sum equal to six: months' s&larr., and funeral expenses not exceeding $150, the same to be immediately avail­ communications were taken from the Speaker's table and referred able. as follows: The SPEA.KER. Is there objection to the present considera­ A letter from the assistant clerk of the Court of Claims, trans­ tion of the resolution? mitting a copy of the findings filed by the court in the case of Mr. CANNON. 1 understand that this bas been to the Commit­ Robert Moore against The United States-to the Committee on tee on Accounts and that it comes within the rnle. War Claims, and o1·dered to be printed. Mr. SOUTHARD. There is no report on this resolution, but I A letter from the assistant clerk of the Court of Claims, trans­ have seen every member of the committee and they say that it is mitting a copy of the_findings filed by the court in the case of in the usual form as to amount and everything else. John Hurst against The United States-to the Committee on War 1\fr. CANNON. And the facts are such as to bring it within Claims, and ordered to be printed. the preceaents where appropriations are made for a similar pur­ A letter from the Commissioner of the Freedman's Savings and pose. Trust Company, transmitting his annual report for the year end­ Mr. SOUTHARD. It is in accordance with the precedents in ing December 3, 1898-to the Committee on Banking and Cur­ similar cases. rency, and ordered to be printed. Mr. HANDY. Why has not the committee reported the reso­ A letter from the Acting Secretary of the Treasury, transmitting lution? a statement of the documents received and distributed by that Mr. SOUTHARD. The resolution was introduced yesterday, Department from January 1 to December 31, 1897-to the Com· and the remains are here waiting to be transferred to Ohio. The mittee on Printing, and ordered to be printed. widow is anxious that this shall be done as soon as possible; and A letter from the Acting Secretary of the Treasury, transmitting that is the reason why a report has not been made. The chairman the explanation of the several increases asked for in the estimates of the Committee on Accounts is not here. There is no objection for "Salaries, office of the Secretary of War"-to the Committee on the part of any member so far as I can find out. on Military Affairs, and ordered to be printed. The SPEAKER. Is there objection to the consideration of the A letter from the Secretary of State, transmitting, with inclo­ resolution? [After a pause.] The Chair hears none. sures, a copy of a note from the British ambassador at Washington, The question was taken; and the resolution was agreed to. extending an inVltation to the United States to take part in the Western Australian International Mining and Industrial Exhi­ BONDS OF CONSULS. - bition-to the Committee on Appropriations, and ordered to be Mr. CONNOLLY. Mr. Speaker, I present a confe1·ence report. printed. The Clerk read as follows: A letter from the Acting Secretary of the Treasury, submitting The committee of conference on the disal!ITeeing votes of the two Houses on the amendments of the Senate to the bill

REPORTS OF rCOMMITTEES ON PRIVATE BILLS AND Also, a bill (H. R. 11078) to remove the charge of desertion RESOLUTIONS. standing against Thomas W. Gallagher-to the Committee on Military Affairs. Under clause 2 of Ru1e XIII. Mr. MINOR, from the Committee Also, a bill (H. R. 11079) to remove the charge of dAsertion on Claims, to which was referred the bill of the Senate (S. 4200) standing against William Blundell-to the Committee on Military for the relief of Huff Jones, reported the same' without amend­ Affairs. ment, accompanied by a report (No. 1665); which said bill and Also, a bill (H. R. 11080) to correct the military record of John report were referred to the Private Calendar. D. Sparks-to the Committee on Military Affairs. By Mr. ZENOR: A bill (H. R. 11081) granting a pension to Franklin McCabe-to the Committee on Invalid Pensions. PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS By Mr. COOPER of Wisconsin: A bill (H. R. 11082) granting a INTRODUCED. pension to James Bintliff-to the Committee on Invalid Pensions. Under clause 3 of Rule XXII, bills, resolutions, and memorials By Mr. DRIGGS: A joint resolution (H. Res. i30i3) granting a of the following titles were introduced and severally referred as life-saving medal to Michael F. Barry, of New York City-to the follows: Committee on Interstate and Foreign Commerce. By Mr. STEVENS of Minnesota: A bill (H. R. 11055) for the By Mr. TAYLER of Ohio: A joint resolution (H. Res. 304) for erection and construction of a public building in the city of Still­ relief of J. T. Bootes, late lieutenant (junior grade), United States water for the accommodation of the United States post-office and Navy-to the Committee on Naval Affairs. Government offices-to the Committee on Public Buildings and Grounds. . By Mr. FLETCHER: A bill (H. R. 11056) authorizing and di­ PETITIONS, ETC. recting the construction of an addition to the United States post­ office in the city of Minneapolis, Minn.-to the Committee on Under clause 1 of Rule XXII. the following petitions and papers Public Buildings and Grounds. . · were laid on the Clerk's desk and referred as follows: · By Mr. ALEXANDER: A bill (H. R. 11057) to fix the salaries By Mr. BARHAM: Petition of Ray C. Smith and other citizens of the chief justice and judges of the Court of Claims-to the of San Anselmo, Cal., in favor of the Ellis bill prohibiting the sale Committee on the Judiciary. of intoxicating liquors on Government reservations-to the Com­ By Mr. OTEY: A bill (H. R.11058) to amend the charter of the mittee on Military Affairs. City and Suburban Railway Company-to the Committee on the By Mr. BURTON: Resolution of Cleveland Division, No. 14, District of Columbia. Order of Railway Conductors. of Cleveland, Ohio, in favor of the Also, a bill (H. R. 11059) to provide for the extension of the passage of the bill prohibiting ticket brokerage-:-to the Committee Metropolitan Railroad along Eleventh street SE.-to the Commit­ on Interstate and Foreign Commerce. tee on the District of Columbia. Also, petition of the Woodland A venue Presbyterian Church, of By Mr. HEPBURN (by request): A bill (H. R. 11060) to au­ Cleveland, Ohio, praying for the passage of House bill No. 7937, thorize the extension of the Ninth street line of the Metropolitan prohibitmg the sale of intoxicating liquors in all Government Railroad Company on Se>enth street extended-to the Committee buildings and reservations-to the Committee on Alcoholic Liquor on the District of Columbia. Traffic. By Mr. NORTON of Ohio: .A. bill (H. R. 11061) granting the By Mr. ERMENTROUT: Petition of Leroy Hoyt, of Huron Saginaw Southern Railroad Company a right of way for railroad County, Ohio, asking for the passage of House bill No. 49~1, purposes through the San Francisco Mountains Forest Reserve­ known as the Cummings bill, and favoring remedial legislation to the Committee on the Public Lands. with reference to box rentals at fourth-class post-offices-to the By Mr. BROMWELL: A concurrent resolution (House Con. Committee on the Post-Office and Post-Roads. Res. No. 46) authorizing the printing of additional copies of the By Mr. FARIS: Petition of David Jenkins, Rev. S. B. Jones, reports of the Secretary of War and of the Navy and the annual and other citizens of Terre Haute, Ind., urging- appropriate legis­ mes~age of the P.resident of the United States-to the Cpmmittee lation to prevent the race riots in certain Southern States-to the on Printing. Committee on the Judiciary. . By Mr. HANDY: Petition of the Board of Trade of Wilming­ ton, Del., in favor of the enactment of laws to r~gulate express PRIVATE BILLS AND RESOLUTIONS INTRODUCED. companies-to the Committee on Interstate and Foreign Commerce. Under clause 1 of Rule XXII. private bills and resolutions of By Mr. HENRY of Indiana: Paper to accompany Hou e bill the following titles were introduced and severally referred as granting a pension to Henry H. Neff, late colonel ot One hundred follows: and twenty-fourth Indiana Volunteer Infantry-to the Committee By Mr. EVANS: A bill (H. R. 11062) to increase the pension of on Invalid Pensions. Annie B. Sherrard-to the Committee on Invalid Pensions. By Mr. McCALL: Sundry peti tiona of the Day Street Congrega­ By Mr. ERMENTROUT: A bill (H. R.. 11063) to correct the tional Church, Park Avenue Methodist Episcopal Church, '£hird military record of Daniel H. Snyder-to the Committee on Mili­ Universalist Church, Second Unitarian Society, and Woman's tai·y Affairs. Christian Temperance umons, all of Bomerville, Mass., and the By Mr. ACHESON: A bill (H. R. 11064) to correct the muster Baptist Church of West Somerville, Mass., favoring the passage of of Benjamin F. Basson-to the Committee on Military Affairs. the Ellis bill, prohibiting the sale of alcoholic liquors in Govern­ By Mr. HENRY of Indiana: A bill (H. R. 11065) granting a ment buildings, etc.~to the Committee on Alcoholic Liquor pension to Henry H. Neff, of Winchester, Randolph County, Traffic. · lnd.-to the Committee on Invalid Pensions. By Mr. ROBINSON of Indiana: P atition of Andrew W. Dunlop, By Mr. McCALL: A bill (H. R. 11066) granting a pension to of Fort Wayne, Ind., in relation to pension laws-to the Commit­ Fanny J. Sargent-to the Committee on Invalid Pensions. tee on the Judiciary. By Mr. RIDGELY: A bill (H. R. 11067) granting a pension to By Mr. SMITH of Kentucky: Papers to accompany House bill Catharine Killian-to the Committee on.Invalid Pensions. No. 11050, for the relief of John R. Yickers-to the Committee on Also, a bill (H. R. 11068) granting a pension to Charles W. Invalid Pensions. Pool-to the Committee on Invalid Pensions. By Mr. WILLIAMS of Pennsylvania: Memorial of the National Also, a bill (H. R. 11069) granting a pension to Josiah J. Dor­ Immigration Restriction Association, of Pittsburg, Pa., in favor ris-to the Committee on Invalid Pensions. of the passage of the Lodge immigration bill-to the Committee Also, a bill (H. R. 11070) granting a pension to Mary Hadley~ on Immigration and Naturalization. to the Committee on Invalid P ensions. Also, memonal of the Thirty-sec'Jnd National Encampment of Also, a bill (H. R.11071) granting a pension toMartinV. StriDe­ the Grand Army of the Republic. at Cincin!lati, Ohio, asking for to the Committee on Invalid Pensions. libera-l appropriations for the Gettysburg National Military Park­ Also, a bill (H. R. 11072) granting a pension to Barney Manning­ to the Committee on Military Affairs. to the Committee on Military Affairs. Also, resolutions of the Board of Trade of Wilkesbarre, Pa., Also, a bill (H. R . 11073) granting a pension to Eliza Jane urging measures to promote the ocean carrying trade in vessels Fuller-to the Committee on Invalid Pensions. sa1ling under the American flag-to the Committee on the Mer­ Also, a bill (H. R.11074) granting a pension toGeorgeW. Wise­ chant Marine and Fisheries. to the Committee on Invalid Pensions. By Mr. YOUNG: Resolutions of the Retail Grocers' Associa­ Also, a bill (H. R. 11075) granting a pension to Leonard Still­ tion of Philadelphia, Pa., favoring the enactment of the Brosius san-to the Committee on Invalid Pensions. bill to prevent the adulteration of food-to the Committee on the · Also, a bill (H. R. 11076) to remove the charge of desertion Judiciary. standing against Samuel Allen-t-O the Committee on .Military By Mr. ZENOR: Affidavits to accompany House bill No. 7868, Affairs. for the relief of Hardin Howe-to the Committee on Invalid Pen­ Also, a bill (H. R. 11077) to remove the charge of desertion sions. standing against Samuel L. Applegate-to the Committee on .Mil­ · Also, affidavits to accompany Honse bill for the relief of Frank­ itary Affairs. lin McCabe-to the Committee on Invalid Pensions.