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!~~J.... - r>·:> iiO. ~~ i CONGRESSIONAL RECORD. DECEnmER 11, ~1 }~ . !. ;~~~ ~~ ~ (...-' r:· '----;•:;.,, :.~~-z-=------'-'------· ------,------• 6 > I• 11 ,ti. "'~ • · . ... ) ·~~ - ..l~ g$'$1LEY moved to reconsider the vote by which the resolu~ H. Turner, deceased, late adjutant Twenty-Fourth Kentucky Volun ·i·- .t:i,tt_rjn 'tJla.adopted; and also moved that t.he motion to reconsider be teers, for arrears of pension, to the Committee on Invalid Pensions . ." ., .lit.... rw.a: ~the table. By Mr. BLAINE: 'fhe{etition of Annie C. Grant, widow of Fred ...... _ • ~o latter motion was agreed to. erick T. Grant, inventoro the patent known as" Grant's patent sliver ADJOUR~IE:yr TILL 1\IONDAY. machine," for extension of patent, to the Committee on Patents. By Mr. BLAND: The petition of citizens of Crawford and Gascon Mr. HOL~IAN. I move that when the House adjourns to-day it l>e ade Counties, :Missouri, for the establishment of a post-route from to meet on Monday next. Cuba, Crawford County, to Hermant..Gasconade County, to the Com The question being taken, there wer&.-ayed 83, noes 9-J. mittee on the Post-Office and Post-..twads. Mr. HOLMAN called for tellers. By .Mr. CHAFFEE : The petition of William Craig, of the Ten-itory Tellers were ordered; and Mr. HoLMAN and Mr. EAMEs were of Colorado, for relief, to the Committee on Military Affairs. appointed. By .Mr. CHIPMAN: The petition of citizens of the District of Tile House divided; and the tellers reported-ayes 77, noes 94. Columbia and of the State of Virginia, for a free bridge over the Poto So tile motion wa~ not agreed to. mac River at Georgetown, to the Commit.tee on the District of Colmu .Mr. GARFIELD. I ask to make a suggestion, that tho House meet bia. . to-morrow for debate only. Also, the memorial of citizens of Tennessee, praying Congress to Mr. n UTLER, of Massachusetts. By no means. complete theWashington Monument, to the Select Committee on tho Mr. GARFIELD. Several gentlemen desire to spCl'lk. Washington Monument. Mr. BUTLER, of Massachusetts. I understand that; but I have Also, the petition of J. R. D. Morrison, for relief, to the Committee no invitation to that frolic to-morrow, and I am not going to agree on War Claims. to the proposition. I want to come here and do business. Also, the petition of John D. Smith and others, pensioners, for the Mr. GARFIELD. I do not know what "frolic" t.he gentleman passage of a law providing for the payment of arrearages of pensions, refers to. If my proposition is objected to, I demand the yeas and to tho Committee on Invalid Pensions. nays on the motion of the gentleman from Indiana, [Mr. HoLMAN.] By Mr. G. F. HOAR: The petition of Henry Hoyle, for increase Mr. BUTLER, of Massachusetts. I suppose that in a few days the of pension, t.o the Committee on Invalid Pensions. gentleman from Ohio [Mr. GARFIELD] will want the appropriation By Mr. KASSON: The petition of citiz'ens of Clark County, Iowa, bills to stop all other business. for change of location of United States district court for Iowa from Tho SPEAKER. The Chair thinks the gentleman from Ohio is t.oo Keokuk to Burlington, to the Committ-ee on the Judiciary. late in callin* for the yeas and nays. Also, the petition of attorneys of Clark County, Iowa, of similar Mr. BUTLER, of Massachusetts. I move that the House adjourn. character, to the same committee. FILLL~G OF VACANCIES ON COMMITTEES. By Mr. LANSING: Resolutions of the Board of Trade of Oswe~o, The SPEAKER. Before submitting the motion to adjourn, the New York, in favor of the reciprocity treat.y with the Dominion of Chair will detain the House by announcing appointments to fill Canada, to the Committee on Foreign Affairs. vacancies on the following committees: By Mr. McCRARY: The petition of eitize11s of Des Moines County, The Select Committee on the Arkansas Election Investigation: Iowa, for chauga of location of the United States district court for Mr. ScuDDER, of New York. Iowa from Keokuk to Burlington, to the Committee on the Judiciary. The Committee on the Judiciary: Mr. FINCK, of Ohio. Also, the petition of citizens of Henry County, Iowa, of similar The Committee on Reform in the Civil Service: Mr. CmTTElo."DEN, character, ·to the same committ.ee. of New York. By .Mr. NffiLACK: The petition of Commander Richard L. Law, The Committee on the Centennial Celebration and the Proposed United Stat-es Navy, f.or relief, to the Committee on Naval Affairs. National Census of 1875: Mr. SCHELL, of New York. Also, the petition of John V. Miller, late private Fifty-eighth Ohio The Committee on Invalid Pensions: Mr. STRAWBRIDGE, of Penn Volunteers, for a pension, to the Committee on Pensions. sylvania. By Mr. PAGE: The memorial of the trustees of the town of San The Committee on Education and Labor, and also the Committee Leandro, California, in relation to the proposed ship-canal to connect on Expenditures in the Navy Department: Mr. CARPE'NTER, of South the bay of San Francisco with San Leandro Bay, t-o the Committee Carolina. on Commerce. There was a vacancy created last session by the resignn,tion of Mr. By Mr. PLATT, of Virginia: The petition of the incorporators of RoBERT S. HALE as chairman of the Committee on the District of the Society of Original Knights of Saint Augustine, for extension of Columbia. No a-ction was taken further than the rules indicated, and chartered privileges, to the Committee on the District of Columbia. the Chair will have the rule read to show what takes p1ace in such lly lli. SHELDON: The petition of James Graham, of New Orleans, an emero·cucy. aski.ug legislation to enable him to settle his accounts as United States The Clerk read a~ follows: marshal to the Committee on Claims. Also, the petition of James Graham, asking the refunding of moneys Thefirst-namedmemberofanyoommitteeshallbethechairman,andinbisabsence, he bcin~.cxcnsell by the House, tho next named member; and so on a.s often as the paid by him to the United States for property sold under confiscation caso shau happen. unless the committee, by a majority of their number, shall elect acts, to the Committee on Claims. a chairman. By Mr. SMITH, of Virginia: The petition of Edward T. Maynard, The SPEAKER. The operation of this rule makes the gentleman late private Sixteenth United States Infa.ntry, for a pension, to the from Pennsylvania [Mr. HARMER] the chairman of the Committee on Committee on Invalid Pensions. · the District of Columbia. By Mr. VANCE: The petition of William H. Moore, to be compen PROTECTION OF LIVES OF PASSENGERS. sated for property taken by United Stutes troops, to the Committee on War Claims. On motion, by unanimous consent, a messa-ge was orclered to be Also, the petition of Adolphus M. Gudger, to be compensated for prop sent to the Senate, requesting the retum of the bill (H. R. No. 58) to erty taken by United States troops, to the Committee on War Claims. revi e, amend, antl consolidate tLe laws r~lating to secmity of life on Also, the petition of Wiley G. Woody, to be restored to the pensjon board of vessels propelled in whole or in part by steam, and for rolls, to the Committee on Invalid Pensions. other purposes. · . . By Mr. WILSON, of Iowa: The petition of citizens of .Johnson MESSAGE FROM THE SENATE. County, Iowa, for change of location of United States district court for A message was 1;eceived from the Senate, by .Mr. McDONALD, its Iowa. from Keolmk to Burlington, to the Committee on the Judicjary. J Chief Clerk, notifying the House that the President p1"o tempore of Also, tho petition of citizens of Poweshiek County, Iowa, of simi that body had appointed Mr. MORRILL, of Vermont, commissioner on lar character, to the same committee. · the statue of General Nathanael Greene, as provided for in the act Also, the petition of citizens of Iowa County, Iowa, of similar umking appropriations for sundry civil expenses of the Government character, to the same committee. i for the :li~:;cal year ending J nne 30, 1875, and for other purposes. By .Mr. WOOD: ThepetitionofAnnieM.Dudley, widowof William { It further announced that, in compliance with the request of the H. Voorhies, alias William J. Brown, late of Company F, One hundred House, the S'enate returned the bill (H. R. No. 15&3) to revise, amend, and fifty-ninth New York Volunteers, for removal of charge of deser ancl consolidate the laws Je.}ating to security of life on board of ves tion from her deceased husband, to the Committee on Military Affairs. sels prope~ed in whole or fn part by steam, and for other purposes. The motion of .Mr. BuTLER, of Massachusetts, was then agreed to; and accordingly (at three o'clock and forty-five minutes, p.m.) the House adjourned. HOUSE OF REPRESENTATIVES. ?ETrTroNs, ETc. FRIDAY, December 11, 1874. The followin~ memorials, petitions,andotherpaperswere presented The House met at twelve o'clock m. Prayer by the Chaplain, Rev. at the Clerk's tiesk, under the fJ.ll.e, and referred as stated: J G B D D By Mr. ALBR'IGHT: The petition of Charles B. White, Georue M. · · UTL'ER, · · Sternberg, and J. J. Woqdward, assista}lt sip-geon~~ United Stat-es The Journal of yesterday was read and approved. ) ~m_y, asking redress of gr~~yances, to the !)om.mj.tte,e on .Military REGENCY, SMITHSONLL~ L.'ISTITUTION. Affarrs. . . Mr. HOOPER. I move, by unanimous con cut, to take from the By Mr. BECK: The pet1t1o~ of RacheL~ .· 'furnQr, wido~ of .James . ~p~a~~F' .s ~~b~c Senate joint resolution (S. R. No. 11) filling an exist- . l ' I
1874. CONGRESSIONAL RECORD. t ing vacancy in the Board of Regents to tlie Smithsonian Institution, Mr. HOLMAN. I desire to present a question of order in T~ference: ~ . for consideration at this time. to tlltl consideration of bills under the six-day rnle of the 1Joqse.and · There wn.s no objection, and the joint resolution, which was read, the.twenty.firstjointrule, which~ be found on page 34 of t~Djg~st. · : provides that the existinO' vacancy in the Board of Regents of the of the Rules of the House, and which I ask the Clerk to read ...... :.. .. ·. · .• .: Smithsonian Institution, of the cla-ss other than mem hers of Congr~s, The Clerk read as follows : shall be :filled by George Bancroft, of the city of Washington, in place After six DISPOSITIO~ OF PUBLIC LA~DS L~ ALABAMA, ETC. to the gentleman from Indiana, he wonld ask him what is the impli cation as to the business to which the House wonld proceed on the Mr. MOREY also, by unanimous consent, from the same committee, first six davs of the session f 11 reported back a bill (H. R. No. 3605) to place the States of Alabama, Mr. HOLMAN. The limitation applies to the business which comes :Mississippi, Louisiana, }!.,lorida, and Arkansas upon the same footing over from the preceding session, and implies that new business of the iu regard to the disposition of public lands wit.hin their limits as the new sesaion shall occupy the six days! The purpose of the rule seems other States; and moved that it be ordered to be printed and recom- to be very manifest; that the business which came over from the pre mittecl. · ceding session, inasmuch as it is informally dropped by the adjourn Mr. HOLMAN. Consent iA given on the same condition, that this ment of the House, shall be resumed after six days are given to the bill is not to be brought back on a motion to reconsider. introduction of new business. There should be some intervaJ, that The motion was agreed to. the first six days of the session may be devoted to the consideration RELIEF OF SETILERS OY PUBLIC LANDS. of the new business of the House, independent of that which came Mr. ORR, by unanimous consent, from the Committee on the Pnb over from the precedin~ session; as under the old rule the business of lic Land.d, reported back, with the recommendation that it do pa-ss, each session terminatea with it. the bill (H. R. No. 3327) for the 1·elief of certain settlers on the pub The SPEAKER. Will the ~entlerna,n state what business there lic lands in certain portions of Iowa, Minnesota, Nebraska, and Kan C!l.n be before the House in the first six days 1 In the ordinary routine sas. of the business of the House, the Chair would be at a loss to know The bill, which wa-s read, provides in its first section that it shall be what business wonld be before the House. lawful for homestead and pre-emption settlers, in those portions of Mr. RAND .ALL. Would it not be in order now to move to go into Iowa, Minnesota, Nebraska, and Kansas where the crops of such Committee of the Whole upon an appropriation bill f settlers Wtlra destroyed or .seriously injured by gra-sshoppers in the The SPEAKER. There is no appropriation bill that can be reached year 1874, to leave and be absent from said.1ands until May 1, 1876, until Tuesday of next week. under such regulations as to proof of the same as the Commissioner Mr. SCOFIELD. Does the rule exclude business that came from of the General Laud Office may prescribe. the Senate~ , The second section provides that during such absence no adverse The SPEAKER. The Chair wa.s getting at the spirit of the rule. rights shall attach to said lands; said settlers being allowed to resume The question was raised, he remembers now, during the spea.kership and perfect their settlements as though no such absence had been of his immediate predecessor. He thinks the gentleman from Indi enjoyed or allowed. · ana mistaken as to the effect of his point of order. The bill was ordered to be engrossed and read a third time; and Mr. HOLMAN. What is the reason of the rnle f being engrossed, it was accordingly read the third time, and pa.ssed. The SPEAKER. The Chair thinks the reason of the rnle is this : Mr. ORR moved to reconsider the vote by which the bill was That by rea.son of an adjournment any business pending at the end passed ; and also moved that the motion to reconsider be laid on the of the previous session should not get the go-by or be neglected; but table. it is mandatory upon the House that aftit'r six days of the session the The latter motion wa.s a.greed to. Honse shall proceed to consider the business coming over from the previous session. It is affirmative ; it is not a negation; it does not ORDER OF BUSINESS. say that the House shall not take up that business before the end of Mr. BUTLER, of Massachusetts. I demand the regular order. the s~ days, but that at the end of the six· days the business before The SP~AKER. The regnla.r order being demanded, the morning the committees coming over from the previous session shall be regu hour begms at twenty minnteM past twelve o'clock; and, this being larly proceded with. Friday, the House proceeds to the consideration of private business, Mr. HOLMAN. Why, then, say "after six days f1' Why not say the pending bill coming over from last session bein The SPEAKER. The Chair does not know why that expres.:.-ion the business of the previous session at the end of six days, but 1 eaving was used, except that the fact of receiving messages from the De us free to resume it before th::tt time if we choooe. lt seems to llit) partments and referring the same, and other preliminary business of the Speaker is clearly right. · that kind, might occupy the six days. There is not a single negative ROLLIN WHITE. in the whole rule. It ·doe." not say that the House shall not proceed to do what it pleases in the first six days. It says that after six days The SPEAKER. The Chair holds that the bill is properly before the House shall resume the consideration of business from the pre the House. It will be read. vious session. · The Clerk read as follows: Mr. HOLMAN. The House could exercise that very power, in the Be it enactect, &c., That the Commissioner of Patents be, and hereby is, author absence of such a rule, from the beginning. ized to rehear and determine the applications of Rollin Wbite for the extension The SPEAKER. Undoubtedly; and the House has been doing of his letters·patent for improvements in fire-arms, issued April3, 1855, nurnbert•d 1263e, '12648, and 12049, (No. 12638 baring been reissued May 1, 1866; Nos. 2"236 so. At this session the House in Committee of the Whole has been and 12649 having been reissued Octoller 27, 1863, in divisions numbered 1557, considering a report which came over from the last session. 155a, and 1559,) upon the evidence, in the stl.me manner and 'vith the same effect Mr. HOL}IAN. 'fhe House has been considering it by unanimous as if they were original applications, made within the time prescribed by law for said extensions before the Commi sioner of Patents, and aa if no hearin"' consent, without any question having been mised upon the rule. h:ul ever occurred; application to be made within ninety days of the passage of Apparently t.he first six days of the session are designed to be con this act: Provided, That., in case of such extensions being granted, no damage shall sumed in the introduction of appropriation and other bills, and pro be recovered for infringements thereof between the date of the expiration of the vicling for the order of business, and other preliminaries. original patents and the date of such extensions: And provided al:;o, That the Gov ernment of the United States, to whom said White bas heretofore releasetl, shall The SPEAKER. The Chair will indicate by a. practical pohlt the still have the right to manufacture and use all the improvement-a included in application of the rule. There comes over from the Committee on said patents in case of such extensions, freely and without charge, and without Patents a report made in the last session. The House adjourned upon liability for damarres for the use of sai_(l patents: And prov-ided al&o, That in case that report at .the end of the lnst session. The rule intends that the said extensions shall be granted any person, firm, or corporation that sinct} the expiration of said patents and prior to the passage of this act shall have con Committee on Patents shall not be allowed upon its call to interpose structed mltehinery for the manufacture of the inventions described in said patents any new business, but that the business coming over from the last or have engaged in the manufacture of sa.id inventions, nsmg machinery pre· session shall be resumed. It is an affirmative declaration that the vionsly constructed therefor, shall have the right to apply for and be entitled to business coming over from the last session shall have precedence of receive a license from said Rollin White to manufacture and sell tho fire-arms described in said patents for and during the extended term thereof, upon reason· any new business prepared by the committee; and that after six able conditions as to secruity for payment of the royalty hereinafter mentioned, days it must be proceeded with before any other report from the and prescribed nniform quality of arms manubotured, and as to making report committee can be taken np. . on oath of manufacture and sales, and upon payment of a royalty to said Rollin Mr. HOLl\fA...~. Permit me to ask this question of the Chair: Wbite of fifty cents, in quarter-yearly payments, upon each and every fire-arm so Whet.her the construction the Chair is inclined t.o put upon this rule manufactured. is t-hat heretofore given to itt Mr. CONGER obtained the floor. The SPEAKER. The Chair thinks that is the previous construc Mr. KELLOGG.. I wish the gentleman from Michigan [Mr. CoN tion of the rule. GER] would state whether the report in this case ha been printed. 1\fr. HOLMAN. The other bmnch of Congress ha.s adopted a. dif I have sent to the document-room and could not obtain a copy. I ferent construction; that is, that this rule implies limitation upon understand no order wna ever mo.de to print it. the consideration of business coming over from the previous ses iou. Mr. CONGER. The report is printed. The SPEAKER. The Chair thinks the point was raised and deciued I yield to the gentleman from Iowa ['Mr. McCRARY] for fifteen by his predecessor. The decision does not seem to have been min minutes. ut.ed in the Digest, probably because there was no appeal from it. 1\fr. McCRARY. Mr. Spe:lJker, I do not ordinarily desire to discuss Bnt the Chair thinks the decision was made by Speaker Colfax as he bills of this character reported by the Committee on Patents; but now reiterates it. my knowledge of Rollin White a,nd my regard for him induced me 1\f.r. COX. The rule reads: some time since to make a oarefnl examination of this case, the result And all business before committees of the Honse at the end of one session shill of which is a firm conviction in my mind that this bill ought to pass. be resumed at the commencement of the next ses. ion of tho same Congrel!s, as if I believe it to be a case that will appenl to the sense of justice of no adjournment hn.d t{\ken place. every gentleman upou this floor who will t.ake the pains to inquire That seems to be an implication that that kind of business might into the facts. As a general thing I am not in favor of the extension be taken up at the commencement of the secoml session, and conse of patents; nor have I generally been able to favor bills which merely quently a. limitation upon the construction of the preceding portion provided for an extension of the time within which to apply for :tn of the rule. extension. But this is a case, iu my judgment, of such overwhelming The SPEAKER. Still it is mandatory; it provides that all busi equity that the bill ought to pass. It is an application for a r.)hear ness before committees of the House shall be resumed at the com ing simply. As to the merits of the case when it shall come to be mencement of the next session. It gives the committees six days' tried upon its merits I have no opinion now to express. It is not neces more time for the preparation of the business of the House; the com sary, nor is it proper, that the House should go into that question ; but mittees would be employed for a week in preparing business for the I think every gentleman upon this floor will agree that 1\fr. White, House. The Chair thinks the limitation hi suggestive of the meaning like every other man who has a case to be tried. before a judidaJ tri / of the rule. . bunal, ought to have a fair and impartial hearing, and if he has been Mr. SCOFIELD. I am told that prior to the adoption of that rule denied this without· auy fault of his own-if he has been denied this all business fell with theses ion. by reason of the misconduct, the fraud, or the crime of others-then The SPEAKER. It fell with the session. I think the House will not hesitate to accord to him the right to a fair Mr. SCOFIELD. And this rule was atlopted in order to carry busi- and a full hearing. ness over to the next session. · Mr. White made his application for an extension of this patent in 'fhe SPEAKER. 'fhe Chair thinks so. Formerly the call of com due season. The Commissioner of Patents fixed the time for the mittees began at each· session at the beginning of the list of commit hearin~ within QDe or two days of the expiration of the period within tees. For many years the practice has been otherwise; aml now the which 1t could be heard. A postponement of two days would have call of committees is resumed, in pursuance of the principle of that deprived the Commissioner of all jurisdiction in the case. So that it rule, just where it left off at the p·revious . session, which seems to was absolutely necess:try to hear and determine the case on the day carry out the spirit of the rule. first fixed by the Commissioner, and I beg the House to bear that in Mr. SCOFIELD. If you could not resume the business at all in the mind. It was not possible for Mr. White to obtain a postponement _subsequent session, prior to the adoption of this rule, it ~n now be of the hearing of this case beyond the time fixed by the Commissioner resumed only under the mle. If prior to the adoption of~e rule all for the trial, because a postponement would have put it beyond the business of the former session fell with the adjournment, and. the time in which under the law it could be beard at all. The Commis business had to be begun de novo, under this rule we must begin at sioner of Patents had no jurisdiction to hear it after the expira.tion of the end of the six days, becaus~ the rule does not apply to the first the time fixed by law. six days of the session. It is only because of the existence of this Now, sir, he did not have a fair, fnll, and impartial hoaring for two rule that the business of the former session does not fall altogethtlr. rea ons: First,'becanse the testimony shews conclusively that his at Mr. GARFIELD. It seems to me that the historical fact alluded torney was taken suddenly ill and was not able to transact any bn i to by the gentleman from Pennsylvania [1\fr. ScoFIELD] would be ness for some time before the hearing of the case. The result was decisive not only of the origin of the rule but of its purpose. Aud I that he failed to send forward a considerable part of the testimony may add a further reason, which seems to me to be of some force. which was in his hands, some of which was very material to the Not far from the same time a rule was adopted requiring the Com rights of 1\Ir. White. I apprehend, if there was nothing in this case mittee on Appropriations to report their bills within thirty days of beyond that, any court in Christendom would grant a new trial. the commencement of the session. It would be very natural that the And that, sir, is not the most important matter in this case. :Mr. ordinary work before the House should be held off for six days, that White had taken a large amonnt of testimony before the commis is the work on the Calendar, in order to allow, not the Appropriation sioner in New York. This testimony was placed in the hands of one Committee alone, but all the committees of the House to prepare of the officers of the court there where the testimony was taken. It work and get ready for a fair start. If the work of the Honse should was locked up in a room for safe-keeping. Two days befo:re the time commence instantly upon the commencement of the session, there for the heru.·ing of this matter before the. Commissioner of Patents would be n.o time for th..'tt prelimi-nary preparation. It seems to me the room was broken into, the trunk in which these exhibits and tes this is a limitation simply, intended to compel the House to resume timony were kept was broken open, and every particle of testimony - . 1874. CONGRESSIONAL RECORD. 53 to be found there which was intended to be used by Mr._White was sustain his case, no court could .have a clear and intelligible under stolen and carried away. stunding of its merits; no court could fairly and fully and impar Let me show the Honse that I am not mistaken on this point. The tially try it. Mr. White's application was resisted as it is resisted now testimony of Mr. Keefe, which was taken before tho committee, and by the great manufacturing companies of the country-Remington & which is a part of the report in this case, states the facts in these Co., in the (listrict of my frieml from New York, [Mr. MERRIA..."\17] and words: other manufacturers in the State of Connecticut, who resisted him then Te$timony of Hamilton M. Keefe, cri~r of the United St:ztes circuit court. and resist him now, and have fought him about this patent for years. SOUTHER.'< DISTRICT OF NEW YORK, Mr. MERRIAM. If the gentleman will allow me, I would simply Oity and Oounty of New York, ss: say that all opposition was withdrawn at the time this extension wus Hamllton M. Keefe, of the city of New York, being duly swor-n, deposeS and asked for, mostly by a compromise with those parties. Mr. McCRARY. There was a compromise with some of then:.l per sa.fs~m crierof the United Sto.tes ci.rcuit corut for the southern district of New a. York, and have charge of all the models during examinations in sait.l court. Ken haps, but not with all of them. The whole case is in nutshell, and neth G. White, csq., United States commis:>ioner, before whom the testimony in I hope the House will not be drawn away from it. This man had a tho matter of the application of Rollin White for an e:x:tension of his patent of suit before the Commissioner of Patents. He had his counsel employed fire-arms was taken, instructed me to lock up the models which bad been put for many years, who was familiar with all the facts of the case, and in evidence in this case. I did so, put some of them in the trunk and the rest m a. carpet-bag, and locked them up in a. room adjoinin ered very large. One was the cost of collecting the revenues from the Secretary of the Treasury to call upon the commissioners· who customs. The other wa~ the growing deficiency in the Post-Office were appointed to investigate the affairs of the Freedman's Savings Department. To find out the real facts in re~ard to both these items and Trust Company for their report and to transmit it to this House. two sub-committees were appointed, consistmg of three from each I wish to ask the gentleman from Kentucky to consent that his reso committee, making joint sub-committees of six members, one on the lution be so far modified as to direct the commissioners to furnish cost of collecting the revenues from customs, and the other on the ex their report to this House, without resorting to this roundabout way penses of the Post-Office Department. These joint sqb-committees of going to the Secretary of the Treasury for the report. I think the have been earnestly at work. The Committee on Appropriations of gentleman will make no objection. the House agreed that they would not take up or consider at all the Mr. BECK. The resolution as sent to me was in the form now indi estimates for the Post-Office Department until that sub-committee cated by the gentleman from Pennsylvania, [Mr. ScoFIELD.] Think had report-ed. They therefore have not taken the subject up at all. ing, however, that the House could only call upon the heads of the "A few days ago the gentleman from Indiana, [Mr. TYNER,] who has Executive Departments for such information as this, I inserted the charge of that post-office appropriation bill-a.s I never had in any words which the gentleman now proposes to strike out. If that lan Congress-requested the committee to decide that they would not guage has led any one to think that I was disposed to hold the Secre take up the post-office appropriation bill until after the holiday vaca tary of the Treasury responsible in this matter, I want of course to tion, in order to allow the sub-committee more time to go over the relieve him of that imputation. whole subject more thoroughly. Mr. SCOFIELD. I think, if the resolution be left in that form, it Now, with the statement of these facts, I must say that it is sur might give rise to an impression that the Secretary is responsible. prising .that a great journal, basing its statements on what it calls .Mr. BECK. The modification suggested can be made, if the gentle ''a thoroughly well-informed correspondent," should commence by man knows that the report will in that case be sent to the House. charging at the head of its article " a half a. million steal," aud after :Mr. RANDALL. Ijudgethatthe resolution has alrea.dybeen trans ward by calling it "a robbery;" and intimating that the four weeks mitted. of hard work which was done by the Committee on Appropriations, Mr. SCOFIELD. No, sir; it has not. for the sole purpose of making our work thorough and trenchant, The SPEAKER. If there. be no objection, the resolution will bo con was undertaken for a mercenary and dishonorable purpose. And sidered aa modified in accordance -with the suggestion of the gentle more especially is it surprising when that journal two days befo.re man from Pennsylvania. published the titles of all the appropriation bills which have been There being no objection, the resolution was accordingly modified. reported at this session, and the post-office appropriation bill was not of the number. I have no doubt the editor of the Tribune will be ROLLIN WHITE. glad to make the correction; but I mention this to show ·with what The House resumed tbe consideration of the bill for the relief of facility and on what slight ~ounds men in public life are charged Rollin White. with unworthy motives a.nd dishonorable conduct. Mr. CONGER. I yield ten minutes to the gentle.llla.n from Con Mr. MAYNARD. Does the gentleman suppose that this is the first necticut, [Mr. HAWLEY.] instance of the kind f :Mr. H.AWLEY, of Connecticut. Before I occupy any time in the Mr. TYNER. Perhaps I have, to some extent, been the innocent argument on this question I wish to ask tha.t some arrangement may ca,use of the charge made against the chairma,n of the Committee on be made for allowing more time for the discussion. I understand Appropriations [Mr. GARFmLD] in the columns of the New York that the chairman of the Committee on Patents has but an hour to Tribune, and I beg the House to libten to me a moment only, while I give, and hence he is offering us :five and ten minutes ea-ch. Anum explain all the connection that the Committee on Appropriations or ber of us are very much interested in this question and desirous of I myself, as an individual member thereof, have had to do With this being heard. It is ntterlyimpossiblefor me to state even in my most subject of the Pacific Mail Steamship subsidy. rapid and condensed way the essential facts in this argument in ten Last year the Postmaster-General, in his annual report, notified the minutes. Now I ask that an hour be given to each side. President and the country that the Pacific Mail Steamahip Company :M.r. POTTER. What is the limitation of time 7 had failed to comply with the terms of its contract, in providing for A MEMBER. The moruing hour. the mail service between San Francisco and China and Japan iron The SPEAKER. Unless a motion to go into Committee of the steamships of the kind and capacity named in the contract. He Whole should be interposed this business may run on until the ad therefore did not make a recommendation for the continuance of the journment. additional subsidy of $500,000. Hence the Committee on Appropria · Jrfr. HAWLEY, of lllinois. Will the bill hold its place in the morn- tions last yenr did not even take up and consider the subject of a ing hour until disposed off . subsidy to that company, but reported the post-office appropriation The SPEAKER. It will hold its place from Friday to Friday until bill to this House precisely na it passed both Houses and became a law, disposed of. without a word or :figure on the subject of a subsidy. llfr. HAWLEY, of Illinois. Then nothing is gained, I suppose, by This session the Postmaster-General, ih his annual report, calls the cutting it off this morning at the end of an hour; but if it should attention of the President and of Congress to the fact that the ques occupy the whole of the morning hour next Friday it might prevent tion of the obligation of the Post-Office Department to pay this addi other committees from reporting. Therefore it may be best that the tional subsidy had boon submitted to the Attorney-General of the question should be allowed to occupy two hours to-day, as it would United States, who had thereupon written out for that Department an facilitate business ern the Private Calendar. opinion to the effect that the Post-Office Department wa~ bound for The SPEAKER. The mornin~ hour runs for the entire day unless this additional eubsidy. Thereupon the Postmaster-General, in hi~ interrupted by a. privileged motion. estimates, submits this additional estimate of $500,000 for that subsidy. Mr. STARKWEATHER. I su~gest that we take an hour to-day On looking over the report of the PostmMter-General and his allu and an hour next Friday. The bill is not before us in print-only in sion to these facts, I deemed it my duty, as a member of the Committee manuscript. It is a. very important measure, involving interests to on Appropriations, to nBcertain precisely what had been decided by the the amount of millions. If it should go over till next Friday we Attorney-General. Hence I called upon the superintendent of foreign shall have a. better opportunity then to know precisely what the bill . mails in the Post-Office Department to furnish me with a copy of the is. Some amendments will be proposed, I think. If the bill goes opinien of the Attorney-General. That copy came to me in my morn over till next week it can be printed; and when the matter is finally ing mail one day during the present week; and, without-even looking voted upon the Honse will have had a.n opportunity to understand at a single line or word of it, because I had no time, I called the atten the question fully. tion of the Committee on Appropriations to the fact that a copy of :Mr. HAWLEY, of Illinois. I wish to say that I think there will· this opinion wna in my hands, and suggested the propriety of asking be no objection to giving an additional hour this morning; and if an order from the House to print it as a matter of information to the there be no objection I hope that arrangement will be made now. committee and to the House. · I wa-a authorized by the committee to I a~k unanimous consent that an hour be added to the present ask for such an order, which I did, and the order to print was made. morning hour. . That is the only step tha.t baa been taken by the committee in regard Mr. POTTER. That, is, that the morning hour be extended until to this question of the Pacific Mail Steamship subsidy; and the only twenty minutes after two o'clock. purpose I had in view-and I am sure the only object the committee The SPEAKER. The morning hour will not come to an end till had in view-was simply to get the opinion of tbe Attorney-General the adjournment to-day, unless there should be a motion to go into printed, in order that they might consider whether or not, in their judg Committee of the Whole. The Chair will make a remark that will ment, it wa~ binding either upon them or npou Congress. apply to every Friday during the session. There is no need ever of And when the question of the appropriations for the Post-Office having unanimous consent in reference to a. matter which a majority Department shall come up, I presume the opinion of the Attorney can control. If a majority of the House should desire to consider General will be read, in connection with all other facts and all other this bill to-day they can go on with it, because when the morning matters of whatever character and description that may be brought hour ·expires a motion to go into Committee of the Whole if voted before that committee pertaining to that bill. These are the facw down leaves the bill before the House. of the case. The Committee on Appropriations have not acted upon Mr: HAWLEY, of Illinois. I only made the suggestion to save the matter in any way whatever. time, so that when the morning hour expires we may not consume perhaps half an hour,Jn deciding whether we shall continue tho con FREEDl\IAl~'S SAVINGS AND TRUST COMPANY. sideration of this bill or ~:~ha.Il go into Committee of the Whole. 1\Ir. SCOFIELD. On yesterday the House pas ed a resolution, at The SPEAKER. Will the gentleman state his proposition f ~he instance of the gentleman from Kentucky, [Mr. BEcK,] asking Mr. HAWLEY, of Illinois. l\fy proposition was that an hour l) \ 1874. CONGRESSIONAL RECORD. 55 should be added to the present morning hour to enn.ble gentlemen using machinery previously constructed therefor, shall have the ri:rht to apply for to get through with this bill to-da.y, unless it should be disppsed of and be entitlefl to receive a license from said Rollin White to manufacturE.' and sell the fire-arms describe~ !-a said patents ~or and during the el.'tell(led term thereof, sooner. upon reasonable conditions a.s to secunty for pavment of the royalty horeinaf· The SPE-AKER. There haa been a considerable portion of the time ter·mentioned [and prescribed uniform quality d arms manufactured) and as to occupied by gentlemen upon other matters which have been inter making report on oath of manufacture and sales\ and upon payment of a royalty to said Rollin White of fifty cent.s, in quarter-yearly payments, upon each and every posed. fire-arm so manufactured and sold. Mr. CONGER. The committee have had bnt fift-een minutes, the time occupied by the gentleman from Iowa, [Mr. McCRARY.] The words "and preacribed uniform quality of arms manufactured" The SPEAKER. If the gentleman from Illinois [Mr. HAWLEY] are omitted from the bill as printed in the RECORD and in the copies will indicate by the clock the time to whieh he desires the morning circulated by the petitioner. I cannot stop, of course, to explain and honr extended, the Chair will submit the question. It had better be tell you wliythere are perhap~ no lines in the whole bill more impor put in that form, as the time has become somewhat confused. tant than the two linea thus omitted. If the bill should pass as in Mr. CONGER. If three o'clock be named that will allow an hour the manuscript every ma.nufaoturer might find himself entrapped. and three-quarters. The patentee would have power to establish a model to which every 1\Ir. HAWLEY, of illinois. I object to that. licensed manufacturer would beobliged to conform, and all the great The SPEAKER. Is there objection to the vote being taken at half arms manufactories would be at his absolute mercy. I do not say past two o'clock f the committee intended this. Of course they did not; they have never Mr. POTTER. Yea, sir; I object. even observed this, but somebody made the most extraordinary acci The SPEAKER. The gentleman from Connecticut will proceed. A dental omission which I have known in some years. great deal of time is lost in trying to get unanimous consent to that The gentleman from Iowa, [Mr. McCRARY,] who believes every word which a mere maj(lrity may control. The gentleman from Michigan he says, has stated that this is nothing but a petition and bill for [Mr. CONGER] has yielded ten minutes to the gentleman from Con a rehearing. Now let us see what else there is in it. Recall the necticut, [Mr. HAWLEY.] proviso I have just read. · Mr. HAWLEY, of Connecticut. I wish I could be n.llowed a little The committee put in a proviso by wJP_ch White may prevent every more time. manufacturer in the country from touching breech-loading pistols ex Mr. CONGER. It is impossible for mo to divide the time in any cept such manufacturers as may have during the last five years made other manner. some machinery and engaged in the manufacture under the supposi J.!r. HAWLEY, of Connecticut. The gentleman from Iowa .[Mr. tion that the p only in the form now before members, but printed in the RECORD of LEY.] We do not ask the House to pass an arbitrary law extending the the 23d of last May. patent of Rollin White, but we simply ask that this House will give In regard to the hearing before the committee, I wish to say that they Rollin White a day in court; that it will placf'. him where the law placed never refused in this or any other case a fuU, absolute, and perfect him in 1869. That is all. Under the law existing at that time Rollin hearing of all tho e in favor of a proposed measure and all those White had the right, a.s every other patentee had, whose patent had opposed to it. Not a member of this committee is connected either expired, to appear before the Commissioner of Patents, and there prose with patentees or inventors or manufacturing companie . We never cute his application for an extension after the same had run fourteen have declined to hear evidence. On the contrary, we have frequently, years. He did so; but was deprived of a fair and full hearing by in this case as in several others, reopened questions for a hearing reason and on account of the sickness and inability of his counsel to time and again.· I say this t.o the honor of my associates on the com be present. To show this fact, I a k to have read at the Clerk's desk mittee. They have devoted their time to the hearing of these impor the following letter from his counsel, which shows the embarrassment tant en. es with a diligence, a patience a perse:verance, that I have uncler which Mr. White labored at that time, and which is sufficient never witne don any other committee with which I have been asso to convince any reasonable man that he ought to have another hear ciated in this House. Therefore I deny the allegation, whether it ing before the Commissioner of Patents. comes from the gentleman from Connecticut or whoever else it may The Clerk read as follows : come from, that there haa been anything secret, anything clandestine, NEW YoRK, January 26i 1872. anything wrong, in the action of the committee in this or in any other Sm: It was in consequence of severe illness that I was prevented from prose case. Unrebukecl.by me, there shall not come from representatives of cuting Mr. Whlte's application for extension before Mr. Foote, then Commissioner of Patents. At a late day in the proceedings Mr. Harding took chargeof theJ?repa these vast manufacturing companies, either through letters to their ration and mruia$emcnt of the applications, and that was at so late a clay thl\t 1t was friends in this House or otherwise, any imputation that there has been impossible for him to develop all the evidence necessary t.o a full understanding of claude tine action on the part of the committee. themeiits of all the applications. I know that the exhibits, which were stolen w'hen it was too late to replace them, were essential to enable any person, except one de I w:mt to say further, that in this very record the committee say torrillned to defeat the application, or under the influence which caused the theft, that they gave notice to the manufacturing companies and their attor to rt:'ach a jnst and s:1.tisfactory opinion on the propriety of extending eome of the neys in regard to the e matters, including this very question of the patents in question. quality of arm , to appear before the committee and be heard. Besides But imJ?erfect as the evidence was as to some of the patents, it was, in my judg. ment, Ruilicient to justify the extension of one of the patents, for that had sricccss that, the brief of the company in who e interest the gentleman from fulh• passed through the severest of legal tests in the first and second circuits and Connecticut speaks recites the very language of this amendment. in the Supreme Conrt. '.fhat brief, which was presented to our committee, contains this lan There is no doubt that White's invention, known in the market as the Smith &; guage: We son pi stol, i supt:'rior to all others. The inventor, who was entitled to a large reward, will be left in poverty unless his patents can be extended. I know the The proposed bill docs not even give the trade, if the extension is granted, the merits of his invention and the lmruships to which the inventor ha8 been snbject, equal rights which it seems to give. In the first pL~ce the amendment, which con having been his counsel in t-he complicated, protracted, and expensive litigations sists in inserting the words " ancl pre cribecl quality of arms manufactured," in line which resulted in sustaining: the lep:ality of his patent , jLlstin time to see all of his forty-two, is cunningly contrived to undo what the rest of the hst proviso does. hopes blasted by rejection of an extended t~rm of his patents. Respectfully, yours, Now that is their brief before our committee. Yet the gentleman C. M. KELLER. from Connecticut tells this Hou e that we smuggled this proviso in To the CHAIRHAN OF THE COMM.l'l'TEE ON PA~"'TB, without his friends knowing anything about it. House of Representatlves. Mr. HAWLEY, of Connecticut. The gentleman ought certainly to :Mr. PARKER, of New Hampshire. Now, it can be seen Rollin White allow me to correct a misapprehension under which he is la.boring. has not had a fair, candid, and impartial hearing in regard to this I have said that that proviso is in tho bill, in the manu cript bill, but matter. It is only proposed by this committee to place him where not in the printed form in tho REcoRD, or in the pamphlet which the the law placed him in 1869, so that he may be permitted to go again friends of this bill have distributed. Of course that provision will before the Commissioner of Patents and be heard. Then the constitu pa s if the bill should pa s. ents of the gentleman from Connecticut [Mr. RAWLEY] can appear 1\Ir. CONGER. Of course that language is in the manuscript bill; before the Commissioner and be heard if they have any rights to pro of course it is in the bill we hp.ve reported. Bnt what did the gen tect; or if there are any merits in their defense they can then present tleman from Connecticut say, if I remember his words aright 7 He them to the Commissioner. That is the tribnna.l, the proper tribunal, assured the House ~at this provision was clandestinely inserted in to try this controversy. During the life of this patent only about the bill without the knowledge of the gentlemen whom he repre $10,000 was realized above the expenses for this lllO t valuable inven sent. tion ; w bile on the other hand these parties opposing have reafued a Mr. H.A WLEY, of Connecticut. 0, no. · very large amount. Mr. CONGER. Yet in their printed brief, presented on the 6th of We do not come here, gentlemen of the House of Representativ-es, April last (om report being made on the 22d. of May, and printed in asking you to pass upon the merits involved in this extension, but the CONGRE IO~AL RECORD of May 23,) the manufacturing com simply-and I ask the House to understand it-that this man may go pany that the gentleman represents recites the language of this before the proper tribunal ancl there try the merit-s of his case, every amendment a.s I have read it here. body having notice, everybody appearing, everybody being heard \ Now, I ask the gentleman from Connecticut and other gentlemen, then :md there. Gentlemen, is this a, fair proposition, is this a rea 'l in arguing this case before the House, not to tread too closely upon sonable proposition f Such as ought to commend it elf to the minds \ the action of a committee who e action they so totally misunder of candid men T Is there anything unreasonable in this request ! Is stand, and not to impu(l"n the motives of our committee, when the there any injustice here 7 It seems· to me t-o be the plainest princi printed record shows that they have been fair aud open in every ple of equity. tmn action connected with this matter. The gentleman from Connecticut [Mr. HAWLEY] is very apprehen Now, sir, I do not propose to speak upon the merits of this case. sive that injustice is going to be done. Ahl gentlemen, I fear that, The report of the committee, together with the remarks of other gen like the Irishman, his constituents are apprehensive that justice will tlemen who will speak, will, in my judgment, be a sufficient answer be done; and that is what troubles them and what.they most fear. to the e four or five or six gentlemen in whose districts are these The gentleman from Connecticut says that Rollin White haB been great manufactnring comparues that have so lon(l" pres ed this poor here five years asking this action. It is true; and the reason why he cripple, Rollin White, to the earth, and prevented his getting any ben has been kept here for five yeM'S is because he has been opposed by efit from an invention from the use of whrch they have received this gigantic monopoly. from Hartford, Connecticut, the Colt Arms thousands and hundreds of thousands-I do not know that I would ~hnufacturingCompany, backed by millions and millions of money go too far in saying millions-of dollars of pr()jit, and who desire still one of the most gigantic corporations and monopolies in this country, to do o. and one they ask to have perpetuated. They are the parties who h~ve Mr. McCRARY. Is not the provision to which attention ha.s been opposed this poor, lame man, who has been kept here at expense called in erted for the benefit and protection of the manufn.ctorers T these long years. These are the men who have saicl to Rollin White, If the bill should be pas ed without such a condition, would it not after they have been rolling iu wealth, ."You shall not have a day allow the patentee to fix his own terms t in court. Yon shall not be heard." We simply ask this House to .Mr. CONGER. That is the manner in which the committee viewed give him the privilege of being heard ; that is all there is of this the matter. They required Mr. White to accept, whether he wished case. to or not, that provi ion, because it is for the public interest a.s they Mr. CONGER. I yield for :five minutes to the gentlema,n from under t~d, though it may be against Mr. "White's interest. It is the Connecticut, [Mr. KELLOGG.] intere t of the country that, whoever may manufacture arms, they Mr. KELLOGG. I a k the gentleman from Michigan to yield to shonld be of good quality, and not, in the hnguage of the report, me for a longer period than five minutes-say ten minutes. more dangeron to the u er than to t.he object against which they are Mr. CONGER. I cannot yield. directed. I yield now for five minutes to the gentleman from New Mr. KELLOGG. If I am to have only five minutes, then I hope I Hampshire, [Mr. PARKER.] will have the attentiou of the House for tha.t length of time, and Mr. PARKER, of New Hampshire. Mr. Speaker and gentlemen of will be brief as possible in doing justice to this bill. the Hou e, as one of the members of the Committee on Patents it is Now, Mr. Spea,ker, I have no charge to make arrainst my friend proper I should say a word in regard to the question now before the from Iowa, [Mr. McCRARY.] I listened with intereiit to what he had \ House. It is important that we understand clearly what is the ques to say, for I know he is sincere and means to do what is right in the tion now pending, and not confuse it with anything foreign to the case. I have no charge to make against the Committee on Patents snbject. It is not a question of the extension of the patent of Rollin or any member of it, and concede they have acted fairly in all White, as io assumed l.ly the gentleman from Connecticut, [Mr. HAw- respects. But, sir, I say that there is no man who is familiar ~ith 58 CONGRESSIONAL REOORD. DECEMBER 11, the history of this application for a patent during the last six years as I know, or at least I have never known of it; and when I went to my but will say, if there is not deception in this House, there is and has friend who reported it and asked him what he meant, he said it was been deception with outside parties, who have been seeking to impose simply reported that it might get on the record and that no action upon this House by inducing it to grant this extension. Shakespeare waa expected. None was had that Congress. Now, that same report t ells us time was, "when the brains were out, the man would die;" but comes up here word for word verbathn et literatim, as having been there seems to be something about this Rollin White concern, no adopted by the Committee on Patents of the Forty-third Congress. matter how often it ha.s been killed, which enables it to spring up This patent. went to the Supreme Court, as my colleague has stated, again into new life at every session. The patent ha.d already existed and this applicant was not able to sustain his case there except by fourteen years for this patentee and for Smith & Wesson's pistols ; a divided decision. It had its full term of fourteen years, four of and the patent for one year on those pistols during the war wa.s which were years of war, with ten or a hundred fold more pistols worth ten or twelve ordinary years. Indeed, it has really had an sold than in any other year; and this patentee, having had a.· equivalent for thirty or forty years of profitable existence for this full hearing before the Commissioner in 1M69, the Commissioner him patentee and for Smith & Wesson, at le:tBt, who have made the self saying that he bad a. full and fair hearing, and the last opponent most money out of the patent, as is said j but the patentee made ten having been bought off a.nd the Commissioner having then refused times its rea.l worth. to give him an extension of the patent, now asks for a renewal of it. The patentee came to the Commissioner of Patents before 1869, with· He asks us to do what a tribunal established forth.j.s very purpose by five or six parties opposing him, as kin~ for an extensiop. of the patent. yonr laws and under the Constitution has refused to do. He got rid of one after another of his opponents, and finally, when [Here the hammer fell.] other parties had one of their number there as they supposed, opposed Mr. CONGER. I yield five minutes to the gentleman from New to it, he bought him off at the last hearing or arranged in some way York, [:Mr. !Lu.E.] to get rid of him, ns the letter of Mr. Foote, the Uommissioner of The SPEAKER. The time of the gentleman from Michigan bas Patents, shows; and they bad not a particle of evidence before the Com expired. . missioner a.gainst the patent extension, at the final hearing; and then Mr. CONGER. According to the memorandum of the time I have even the Commissioner would not extend his patent when he had yielded to various gentlemen, I have had only forty-five minntes. bought off his last opponent, because he had no real ground for an The SPEAKER. The Chair has reckoned this honr very liberally extension. And M:r. Foote; the Commissioner of Patents himself, as at an hour and ten minutes; but he will not himself oppose any ob appears in this report in the Congressional Globe of the Forty-first jection to the extension of the gentleman's time. What time docs Congress, says that he had a perfect understanding of the whole case. the gentleman from New York propose to occupyT The absent models did not make any difference in the cao.se. .Mr. HALE, of New York. Five minutes. My friend from New Hampshire [Mr. PARKER] has quoted a letter ?t!r. CONGER. I desire to have fifteen minutes more of this honr. from White's lawyer to show that he did not have a fair hearing on Mr. POTTER. How much time has the gentleman from Michigan account of the loss of some models, and triumphantly asks if that is remainingT not full proof ho did not have a. fair hearing. The assertion of his own The SPEAKER. The gentleman from Michigan claims that he has lawyer when he lost his ca,ge 1 I put against tha.t the statement of fifteen minutes of his honr remaining; and it is not the habit of the the tribunal before whom it was heard, that of the Mr. DA,VES. I am not like the gentleman from New York who Mr. DAWES. As I waB saying, a colleagtle of mine, for the reason has just taken his seat, [Mr. HALE.] I am in no other attitude than that his constituents had been denied a hearing, requested me on the that which I have always occupied in this House-one of opposition last ni~ht of a former session to watch and oppose this bill. I did to extension of patents. I do not know that I should press myself watch 1t all night long here, with the full knowledge of the men then upon the consideration of this House at this time but for the remark having it in charge. But just before noon on the last day of the ses of the gentleman from Connecticut [Mr. HAWLEY] that a constitu sion, when according to custom it was my duty to move for a com ent of mine holds a secret arra~~ement with this patentee, by which, mittee to wait upon the President and inform him that Congress had if the patent is extended, he will have the benefit of it without the concluded its business, I went to the President's room for that pur payment of a royalty. I wish to say that I am in this HoUBe in the pose; and before I got to the Rotunda this bill was called up and interest of no manufacturer of fire-arms. If I have a constituent passed. It did not, however, rea-ch the President till after twelve who has made such an arrangement as that, while I may know him per o'clock, and therefore it went over to the next session, when it wM sonally to be an honest and honorable man, one who will make no vetoed. dishonorable arran~ement, he cannot get me to represent him here in Mr. CONGER. I wish the gentleman had been able to be on hand, putting any provision in a law which will give binding force to such and then probably the President would not have vetoed the bill. I a contract. I do not believe he has made any such arrangement. If now yield four minutes to the gentleman from New York, [Mr. MER he has, I hope no legislation of this HoUBe will give a sanction to any RIAM.) such contract as that. I am always opposed to the extension of Mr. MERRill£. Mr. Speaker, before entering upon the discussion patents. of this question I wish to call the attention of my colleague (Mr. I hope the gentleman from New York [Mr. HALE] will not forget HALE, of New York] to one statement he has made that might be the statement he has just made here, and which he says he makes construed aa reflecting on gentlemen who deservecliy rank amon~,the upon his own responsibility, that corrupt measures have been resorted purest men in this country, the Messrs. Remington, of Ilion, .New to in opposition to this bill. After having made that statement, he York, whom I have the pleasure to know personally. I ask my col cannot omit to call upon the House to investigate such a charge a.s league whether, in his allusion to fraud and dishonesty, he intended that. to embrace those gentlemen f Mr. HALE, of New York. Allow me to say that I do not refer to Mr. HALE, of New York. 0, no; not in the slightest degree. I the present Congress. I take the full responsibility of what I said, had not thought of the Remingtons. here and elsewhere. Mr. MERRIAM. That iR all I have to say on that point. ~IT. DAWES. Of course my friend from New York will do that; I Mr. Speaker, I am very glad that this question is to come before only suggested that he should not f.orget it. the Representatives of the American people to-day for final action. There are two or three points in this case to which I desire to call There is a principle involved in it that reaches beyond the individual the attention of the House. Fiist, this clause in the amendment, interest of Mr. Rollin White, which should now be settled forever. although it is worded to carry the idea that the object of it is to keep No such monstrous proposition has been presented to Congress since up the quality of the arms, it seems to me is so worded that Rollin my experience here, if ever before. White will have it in his power to make the form of the arm a part To resurrect and give life to a patent five years dead would be to of his description, and if so, it puts every manufacturer in the coun strike a blow at the material interests of mechanical industry in this try in his power. I do not object to his requiring quality to be kept country from which it could not recover in our day and generation. up without respect to form, but if he can prescribe the form and meas The principle involved in this proposjtion strikes at the very heart ure and dimensions of the arm, he will have power to stop the manu- of our industries. It reaches so far, and involves such vast interests, . facture of arms is this country by everybody who h::tS not his license. that I rejoice that each Representative of the Americau people will Another thing : There is no regard paid here in this bill to that con have an opportunity to make his record, that will hold him to full dition of things which exists all over this cotmtry and which will responsibility. Capital is always sensitive and timid; it shrinks affect the manufacture of arms; that is, that whl.fe this patent haB from danger. No m:m in this House, no man in this country, could been four or five years open to the public, in the competition of the be induced to invest a dollar in any manufacture based upon the nse manufacture of arms throughout the. country, contracts have been of any invention patented ten, twenty, or fifty years ago, if this made for the future for years in advance, on the supposition that this dead patent oo resurrected. invention was free to all. If this bill passes this patentee will come Now, what are the fact.s in this case! Five years ago last April this down upon these men and compel the payment by them of fifty cents patent expired. The fire-arms manufacturers of this country, as for each pistol which rua.y be mnde under the contracts which in the I know in the ca.se of the Remingtons in my district, have ex sharp competition of free manufacture have been made for the future pended large amounts of money in buildings and machinery, which delivery of arms. • they would not have done except for the expiration of this patent. Then there is another thing. In order to escape the objection of They have obtained contracts from abroad to manufacture these pis the veto and in order to escape the opposition elsewhere, it is pro tols, which they could not afford to execute under the provisions of vided that the Government of the United States may manufacture this bill. If you renew this patent and add fifty cents to the co t of these arms without paying him his royalty. Now, the bet is that the each pistol manufactured, you not only affect injuriously the manu Government has gone mto the manufacture of fire-arms, for sale, not facturers, but you deprive American skilled labor of employment to only in this country but to foreign countries; and, being protected by the extent of all attainable foreign contracts at a time when employ the laws of nations, they supply arma to nations at war. And yet the ment is not too abundant in this country. private manufacturers in this conn try will be put to the disadvantage Moreover, you could strike no other so heavy a blow at the invent of tb.at particnla.r provision of the bill by being required to pay :fifty ive genius of this country. Once let it be. understood throughout this cents royalty in competition with the United States Government, who country that after a patent has expired it can be renewed, and the will manufacture without the payment of royalty. capitalists will not invest one dime in any patent, because it can be One word more about this fifty-cent royalty. I understand it to be taken away from them at any moment by similar power of legisla based upon the eetimate that there are manufactured every year in tion. There are three hundred thousand pistols manufactured annu this country t,hree hundred thousand of these arms. That will give ally in this country. Fifty cents upon each of these is $151),000 per a royalty to this man of. 1504000 a year. If this bill passes at ap_, it annum, which it is proposed to give to Mr. Rollin White under this seems to me the royalty should be reduced to not exceeding twenty bill; 80 that his proposed seven years' extension would be equivalent five cents. to 1,050,000-certainly an amount which is fabulously large, consid I wish further to say that the foundation of the patent of Rollin ering the doubtful rights of the petitioner. White-his whole claim here-is for an invention so constructed that My colleague [Mr. HALE of New York] has said that this bill it was not a. particle of use to anybody at all until other people's im simply allows this man to ha"te a hearing. Wby, sir, every man in provements made it a safe, useful, and desirable arm. He, being at this House knows that the passa~e of this bill will be equivalent to a the bottom, can now avail himself of all other people's improvementt~, mauclatory order to the CommissiOner of Patents to grant this exten without whicli he was never able to put an arm upon the market. sion, and it would be so considered by the Commissioner. Now, one word about the allusion which has been made to my My friend from Iowa [Mr. McCRARY) spoke with much sympathy watching this matter in a previous Congress. ·without any interest in behalf of his acquaintance, Mr. White. I am glad that I do not in it myself, I was requested by a colleague of mine on the last night know him personally, ami can stand up here and plead for justice and of the session (he being obliged to leave here in the nine-o'clock right without sympathy for individuals. He has said that White did t train) to watch this measure and oppose it in ltis behalf, because not have a fair hearing because his attorney was sick. The Commis some of his constituents had been promised a hearing and had failed sioner of Patents in his report says "the cause was argued with ability to uet it. by three able and experiencell patent attorneys." (Here the hammer fell.) Unfortunately the manufacturers of this country are constantly Mr. lJA WES. I would like to have a minute or two more. worried by pretended inventors and black-mailersr and by applica Mr. CONGER. I have but five minutes more. If the Honse will tions for renewal of expired patents such as is contemplated in this ext.end the time ten minutes the gentlemun from MaBsachusetts [.Mr. bill. It is time Congress put upon such annoyers its seal of condemna DAWES] can occupy a few moments more, and my friend from New tion. Our manufacturers are libernl toward inventors. The Messrs. York [Mr. MERRIAM] can occupy five minutes, at the end of which Remington have paid for patents more than half -a million dollars, an1l time 1 shall call the previous question. are always ready to be liberal in their dealings with inventors. \ The SPEAKER. The Cha,ir hears no objection to that arrangement. This propo ition seems to me to be an outrageous attempt to benefit Mr. CONGER. Then I yield one minute more to the gentleman oue man at the expense of the many, and which, in its bearing, will from Massachusetts. harm nlike inventors, IIL'lillufucturers, and the l:;~,borer. 60 CONGRESSIONAL RECORD . DECEl\IBER 11' .Mr. CONGER. I now yield for five minutes to the gentleman from of both Houses the veto was sustained. And now, five years after New York, [.Mr. POTTER.] all that, the inventor comes once more to Congress and again reque ts .Mr. POTTER. .Mr. Speaker, I do not come within the personal an opportunity for a further rehearing of this case. For my own part I objection raised by gentlemen who advocat~ this bill to those who am utterly oppo ed to it. The application seems to me to be without have opposed it in debate. Within my dislirict there is no manufact a shadow of justice, and I should have failed in my sense of duty if urer of arms, or other persons, especially interested in opposing the I had not made my earnest protest against the adoption of this bill. extension of this patent. Indeed, as far as I know, among my con ?!Ir. EAMES. The gentleman from New York sai~ as I understood, stituents there is not a single person who has any interest in oppos that the veto had been sustained by both Honses. I ask him if the ing the extension except that interest against the longer con l!innation veto was sustained in the Senate, the House in which the bill origi of this monopoly in the manufacture of ariDS which is common to all nated Y citizens of ·the Unit.ed States. Mr. POTTER. I understood that the bill originated in the Hou e. But, sir, I should be wanting in my sense of duty if, with my con Mr. McCRARY. The bill was pas ed by the Senate over the veto victions, I failed to take advantage of whatever time I can get to by a large majority, and then came down to this Honse. A personal protest to this Honse against an extension of this pawnt, which I controversy arose, in which the bill was lost sight of entirely, and the believe to be as ab ·olutely without merit as any extension which has veto was sustained. That is the fact. been asked for within my experience here. Mr. POTTER. In regard to the action of the Senate then I stand I understand very well, sir, as gentlemen who present this bill have corrected. told the House, that the bill is not They ask, Are we to allow a man after a lapse of five years to ha.s all over the world revolutionized the use of fire-arlllS. To-day he come in and ask for a hearing f I agree, if the man had himself been is wandering about the streets of this capital eity in such poverty guilty of any laches in these five years we ought not to grant this. that he is unable to pay for his board from day to day, while men are in But Rollin White ca.me here on his crutches at the earliest moment. the enjoyment of untold millions of wealth and their·representatives Ro1lin White and his crutches have become 98 familiar to all of us on this floor are refusing him the poor boon of a rehearing before Lhe as any object around this Capitol. Is, then, Rollin White to be Commissioner of Patents upon the merits of his case. I stand, as I taunted, or anybody who supports this bill to be ta.nnted, on the have ever stood in this House, the avowed opponent of every exten ground that he has been guilty of laches Y sion of a patent where the inventor has received a sufficient remu Has he not prosecuted his~ase before Congress with the very great nemtion, or, if he ha.s not received it himself, where the public have est diligencet Is it his fault at all that this thing has not been de paid a sufficient remuneration for any invention whatever by any termined before this time! Butitistruethat, whetherrightfullyoruot, inventor. other persons have engaged in the manufacture of these pistols and Mr. POTTER. How much has Rollin White received T The Com ha.ve been u ing this pa.tent; and in order tha.t no injustice shall be missioner reports that he has received ·11,000. done to anybody the committee ha.ve carefully provided that every Mr. CONGER. I will tell the gentleman what Rollin White has ma.n who has gone to any expense iu this matter, who has built ma received. Our committee report that he has received $i0,899 and has chinery for the manufa.cture of pistols, may still continue to mrum expended 60,779, leaving about 10,000 as all that he has ever re facture them upon paying a royalty that they have fixed-a mode ceived for the ground-work _patent of all these inventions, which rate royalty. They may cont,inue the manufacture of pistols, and extend through all the fire-arms of all the nations of the earth, us not be losers by the investment that they have made in this ma well as the arms used by amateurs and sportsmen throughout the chinery. land. Now, my friend from Massachusetts [Mr. DAWES] says there is great Mr. DAWES. My friend from Michigan [Mr. CONGER] has stated inju~tice in this bill, because it authorizes the Government to go into how I voted when this case was up before; I wish he would tell the the manufacture and sale of these arms to everybody. If the gentle House how he voted. man will look carefully into the bill, he will see that it provides no Mr. CONGER. Was I a member of the House at the time f such thing. It provides-and I suppose that provision was inserted Mr. DAWES. The gentleman voted against the bill. to meet the objection stated in the veto message, the objection of General Mr. CONGER. I presume it is likely I voted for the veto. I am Dyer, that the Government shall have the l'lght to manufacture these opposed to extensions, and a1 ways h..'l!ve been, until convinced by arms-it provides that the Government shall have the right to manu overpowering evidence against my will that the extension ought to be facture and use these arms, hut not to sell them; shall have the right granted. to manufacture such ns may be desired for the use of the Government,· Mr. KELLOGG. Will my friend answer one question f What new but not for the purpose of selling to anybody. light has been thrown on this case since 18i2, when we both voted It seems to me that the single question for us to determine is against this patent f · · whether by the fraud of somebody, by some fraud or some accident, Mr. CONGER. I was then a new member of this House. Rollin White hns been deprived of that hearing before the Com Mr. KELLOGG. So was I. missioner of Patents to which the l11w gave him a right. It has been Mr. CONGER. I was then ready to follow (which, I thank God, I said by some gentlemen, by the ~entleman from New York, [Mr. have forgotten lately to do) these old members, upon whose judgment MERRIA...."\1,] that the passage of thlS bill would be equivalent to the I thought I might rely with implicit confidence. I have learned since final and conclusive extension of the patent; that authorizing a man that time, as every member does who stays here more than one Con to go before the Commissioner of Pwtents and have a rehearing is gress, that I must depend on my own judgment more than that of even equivalent to determining that his patent shall be extended. I say to the best of my associates. the gentleman from New York, to the House, and to everybody, that Mr. DAWES. What made you part company with me-f the idea that the Commissioner of Patents is at all bound by the judg ~{r. CONGER. Perhaps because I ha.ve no arms-manufacturing ment of the Honse aB to whether patents should be extended or not company in my di'5trict. is not true. No Commi ioner has ever acted upon any such theory or Mr. DAWES. I assure the gentleman that I have no acquaintance belief. This ma.n will stand before the Commissioner, if we authorize with the gentlemen manufacturing arms in my district, to whom he him to have another hearing, precisely as he would have stood if he refers-do not even know them by sight. had had his hearing in the outset, without ever coming to Congress Mr. CONGER. Then there is a gentleman in my friend's district at all. The judgment of the Commissioner is left just as unbiased, who has control, I understand, of three hundred and seventeen voters; and he is just as fTee to determine the question whether there ought and yet my friend does not even know him by sight.! I commend the or ought not to be an extension of this patent, as if this was the orig example of my friend trom Massachusett to gentlemen on the dem inal hearing before him while th~ original patent was still in force. ocratic si.de, who say that republican politicians notonlyknowevery Mr. CONGER. Before I c.all the previous question, I desire to man that controls votes, but control the men themselves. The illus say in the moment still allowed me that in all stages of this que tion, trious example of my friend refutes all these old charges of the democ when it has been presented to Congre sand a vot~ has been had upon racy-against the republican party. it, uniformly a majority vote has been given in favor of allowing a Mr. DAWES. I know there are certain gentlemen in my district, rehearing of this case. And I want to ay further, what is vf'iry much very honorable men, engaged in this manufacture; but I never had to the credit of the heart of my friend from Massachusetts, [Mr. the pleasure of making their acquaintance. DAWES,] if not to his memory, that he is recorded as voting against .Mr. CONGER. I had hoped that my friend knew all the "honor the veto of the President; that his influential voice was given in favor a.ble gentlemen" in hi district. of overriding that veto and aJlowing Mr. White a chance to be heard. Mr. DAWES. The inconsistency of my friend is that he accuses Mr. DAWES. I see I am o recorded. me of chan(J'ing my vote when he himself has changed his vote. Mr. CONGER. The friends of Mr. White tha,nked him then as I do Mr. CON<1ER. I changed my views on proper information, as I now for his candor and sincerity. And the few good men who voted have no doubt the gentleman did. to sustain the veto-- Mr. DAWES. Yon converted me and I converted you! A MEMBER. How many were there f Mr. CONGER. I now demand the previous question. Mr. CONGER. There were twelve of them, ho have long since The previous question wa seconded and the main question or ~een forgotten in the hi toi;y of the country, as all who vote again t dered, which was upon ordering the bill to be engrossed and read a. It now may expect to be forgotten. third time. This is not a proposition to grant an extension of this patent by The question being taken, there were-ayes 72, noes 94. act of Congre s. Long ago our committee informed this House that Mr. CONGER called for tellers. they would not bring in any bill to grant an extension of a.ny pat Tellers were ordered; and .Mr. DAWES and Mr. CONGER were ap- ent whatever by act of Congress. We propose to remit Mr. White pointed. to the place he occupied when he hn.d. a right to a rehearing, and The House divided; and the tf'lllers reported-ayes 69, noes 79. which place he lost without any fault of hi own. We remit him to :Mr. CONGER called for the yeas and nays. the Commissioner of Patents; and if under the rules and regulations 'l'hc yeas and nays were ordered. and decisions of the Patent Office he is entitled in justice and equity The que tion was taken; and there were-yeas 88, nays 128, not to have his patent extended, the Commissioner will grant an exten voting 74; as follows: sion ; if not, he will not grant it. YE.A$-::Messrs. Adams, Ashe, Averill, Barber, Begole, Bell, Bradley, Burrows, It seems to me that this House should understand the temper of Carpent-er, Coburn, C<>mingo, C<>nger, Crooke, Crntcbtield, Darrall, Dobbins, Dun their CollllDittee on Patents well enough to know that every individ nell, Eames, Freeman, Frye, Hagans Robert S. Hale, Henry R. Harris, Hathorn, John B. Hawley, John W. Hazelton, Hendee, Herndon, Hodges, Hoskins, Hubbell, ual man of them is det~rmined as strongly as any member of the House Hunton, Hurlbut, Leach, Lewis, Lowe, Ma.,.ee, Maynard, McCrary, Alexander S. may be against the extension of any patent whatever to the injury of McDill, .Tames W. MoDill, MacDou.,. DRoll, Durham, Eden, Eldredge, Field, Finck, Fort, Foster, Garfield, Giddinl! , Means will further state that the investigation at the clo e of the Gooch, Gunokel, Gunter, Eugene Hale, Hamilton, Benjamin W. Harris John '1'. Harris, Harrison, Hatcher, Joseph R. fuwley, Gerry \V. Hazelton, Herofor;t~irough lRst Congress was in great part defeated because this witnes could ton, Howe, Hunter, Hyde, Kasson, Kelley, Kollogg, t~hGort. Lnwren?eL1wson, not be found, and because the president of the company, ~11'. Stock Luttrull, Lynch, Marslia.ll, Martin, McKee, Merriam, 11 · · ·en, 'Mills, Mite11oll,1 Mon well, then feigned insanity, or was really insane temporarHy, and roe, Morrisoni Neal, Nesmith, O'Brien, Packer, Phelps, Pierce, James H. Platt, jr., '.rhoma!l C. P a.tt, Potter, Rainey,R:lndall, Read, Ellis H. Roberts, James C. Robin has now gone to Europe. It would seem from all the circumstances son, James W. Robinson, Henry B. Sayler, Milton Sayler, Henry J. Scudder, Sener, they did seek to avoid investigation. Sheats, Lazarus D. Shoemaker, A. Herr Smith, John Q. Smith, Southard, Speer, ~h. DAWES. I intended to state and thought I had stated tho Starkweather, Stone, Storm, Strait, Strawbriuge, Taylor, Thornburgh, Townsend, fact of the absence of this witness from the examination during the Tremain, Tyner, Marcus L. Ward, Wells, Whitthorne Wilber, Ciiarles ,V. Wil· 1 last Congre~. • lnrll, George Willard, JohnM.. S. Willi:una, William Williams, William B. Williams, Willie, Ephraim K. Wilson, James Wilson, Wolfe, Wood, Woodworth, John D. Mr. RANDALL. I wish to ask the gentleman from Massaehusetts Young, and Pierce M. B. You.ng-129. whether this witness, Irwin, has not within the last two days been NOT VOTING-Messrs. Albert, Albright, Ba.rrere, Barry, Bass, Bercy Bright, in this city Y 1 Benjamin F. Butler, Roderick R. Butler, Cain, Cason, Amos Clark, jr., :fieeman Cl:ll'ke, Clayton, Clinton L. Cobb, Stephen A. Cobb, Cotton, Cox, Crooker, Crounse, Mr. DAWES. If that is so 7 it is a fact new to the committee. Curtis, Farwell, Glover, Hancock, Harmer, Havens, Hays, Hersey, E. Rockwood Mr. RANDALL. The romor on the streets says that is thA f::tct. Hoar, George F. Hoar, Holman, HooJ?,er,Hynes, Kendall, Killin~!lr, Knapp, Lamar, M.r. DAWES. It is new to me. I have a telegram, purportin()' to Lami on, J;.ansi.J?,_g, Lofland., Loughridge, Lowndes, MoJunkin, .lllorey, Myers, N 6"' come from him from New York, dated at 11.16 a.m. to-day. · I ~ow loy, Niles, O'Neill, Pelham, Pendleton, Pnrman, Ransier, Rapier, Rice, \Villiam it Roberts, Ross, Sawyer, John G. Schumaker Scofield, lsaa Europe only, as was the story of his friends and neighbors, for the Mr. BECK. I · desire to ask the gentleman from New Jersey [Mr. purpose of rest and rehtxation. He left wonl with his friends and PHELPS] does he know why it was that Mr. Irwin evaded appearing with his counsel and with his father-in-law, who is a man of large before the committee at the close of the last Congress 1 estate and position, that he was to be summoned at any time for a .Mr. PHELPS. In answer to the gentleman from Kentucky, I proper cause; and thero has never been one single moment when would say that I do not know any of the facts of Mr. Irwin's connec fl'iend or foe, by going to the office of his counsel at 33 Wall street, tion with the committee; I do not know that he tried to evade, or what or by seeking his father-in-law, at Englewood, New Jersey, coulu not evidence there is that he tried to evade, appearing before the commit ha,ve secured his presence in America at any time. Irwin has told tee. A.ll that I know is that Irwin went abroa.d, was in Europe, and mo he is willing and ready to go before this committee; and auy delay staid there. If the evidence is thn,t be went there t-o escape the sum which now occurs must be duehi am bound to believe, to the fact mons of the committ-ee, then they should a.ct a-s they propose. 'l'hat he has stateu in his telegram, t at he is ill at home. This much fact warrants compulsion. But I do not understaml there is any alle~ I have stateu from my own knowledge, derived in some cases from gation made further than that when the committee wanted him they him and in other cases from his attorney. found he bau gone to Europe. Whether this man, in connection with the Pacific Mail, has done :Mr. BECK. We tried t-o get him, nnd we were unable to do so. dishonorable things or not, I do not know; but, having known him Several of the European steamers sail to-morrow, and I for one be for years, and having known these facts, for him, who hacl been a lieve that unless this man is pnt under some restraint to appear here, constituent of mine and left my district to discharge his duties in be will again leave. I do not want him brought here if he is sick; connection with the Pacific Mail Company1 I have felt bound to state I only want to secure his attendance here. I ha.ve no faith in his these fa.cts, and to say that the House ana the committee ought not appearing here voluntarily. to be prejudioed by these charges which the gentleman from Massn. ])fr. KASSON. I would ask the gentleman from New Jersey [.Mr. ehusetts, under his conception of the facts, has made. PHELPS] for his authority for stating that this man came back from Mr. BUTLER, of Massachusetts. I do not know anything of the Europe for the purpose of hurrying np this investigation. facts here at all, but I suppose what is desired is to get this person Mr. PHELPS. It is this: Perhaps two weeks before I came here to n.ppear before the committee, and.in the first place to see that he Mr. Irwin called upon me and complained of the injustice of his bein~ does not put himself beyond the reach of the House. Now, to-day is made the scape-goat of the Pacific Mail Steamship Company, and saiu Friday, and be could not be brought here in time to deal with him be insisted upon forcing them to try the suit they had brought against before Monday morning. him for stock-jobbing purposes. Mr. DA. WES. We will adjourn over to-morrow. Mr. KASSON. My point is this: The evidence before the committee Mr. BUTLER, of Massachusetts. A.nd then Sunday intervenes. I is that after he returned from Europe be said he waa going ba.ck on was about to make this suggestion: Let an attachment issue against the steamer that left the following Saturday. It was that statement him, and instruct the Sergeant-at-Arms to take him in charge and that induced the company to bring an action against him. Clearly keep him safely ana then bring him up on Monday morning. if the evidence before the committ-ee is correct be cannot have re Mr. DA. WES. That would be entirely satisfactory. t.mned from Europe for the purpose of having this investigation made. .Mr. PHELPS. My only objection is this: Why should he be treated The further statement is made before the committee that up to this ns if he wero a criminal f Why should we proceed as if he intended time be has failed to answer the allegations made in the ~?nit brought to escape or avoid the jurisdiction of .this House, when ho has shown against him. Upon these facta I desire to know if the authority of no such intention, and when h:is illness is a sufficient excuse for his the gentleman is such as to induce him to believe that the evidence absence f before the committee is incorrect Y Mr. BUTLER, of .Massachusetts. I want to answer that. It i8 lllr. PHELPS. I understoou that this gentleman and his counsel urged that these telegrams are not sufficient. It can do this man no bad been eager to bring the case to trial; that they had been una.ble b:um to be simply under surveill.n.nce; if be is honest in his intention to do so heretofore, and were now anxious to press it. This I learned to appe:tr here it will only bring him here, ::mel if be is not hQnest in either from Mr. Irwi~ , or Mr. Chapman, his counsel, an eminent law that int.eution, then it will secure his attendance and no mischief yer of New York, both of whom have spoken of the matter to me. will be done. . lllr. KASRON. 'l'hen thore is a conflict of statements. Mr. MAYNARD. In the last Congress, when I was o. member of Mr. DA. WES. I will state to the House that it was the intention the Committee on Ways and Means, we had this matter of the Pa.cific of the committee, if a warrant should be granted, to use it in the man Mail Steamship subsidy before us for iovesti~ation. I would ask the ner sug~ested by my colleague, [Mr. BUTLER,] merely to prevent any chairman of that committee [Mr. DAWES] if this is one of the wit escape, if there was the slightest intention of that kind. nesses that we tried to get nnd were unable to secure t Mr. G. F. HOA.R. .I ask leave to call the attention of th·e House Mr. DAWES. He is. for one moment to tho very bunRling and awkwaru conclition of the Mr. MA.YNA.RD. Baa ~he gentleman satisfied himself-of course law in regard ·to this matter. '!here is not a justice of the peace in he examined the matter before bringin~ so serious a subject to the the con11try, there is not a United States commissioner, there is not attention of the Houso-has be satisfien himself that this witness is the humblest magistrate authorized to verify facts by judicial exam endeavoring to evade the proccs of the House, and.to avoiu appeal' ination, who has not authority, when a witness declines to appear , . ing before the committee to give testimony! before him, to issuo process at once to compel his attendance. Yet, Mr. DA. WES. I was just about to say in answer to the gentleman when the House of Representatives or the Senate bas authorized. a from New Jersey [Mr. PHELPSl that he did not correctly understand committee to investigate, with authority to send for persons and pa what I said. I made no such charge at all as be would 8eem to indi pers, and a witness refuses to appear, it is necessary to bring the mat cate. I was instructed by the Committee on Ways and Means to sub ter to the attention of the House, thus interfering with Hs ordinary mit this full statement to the House, in order that the Honse might business, involving also great publicity nod delay, which ordinarily take the respollilibility if it should turn out that this witness was fa.cilitates escape if there is any sunh design. trying to evade appearing here. I know nothing of my personal Now, sir, it seems to me tha,t the Judiciary Committee ought to be knowledge of Mr. Irwin that would justify me in stating to the charged with the duty of preparing a general bill, nnuer which, when House that be desires to evade appearing here. But the impression a committee is authorized to send for persons and papers, either the left upon the minds of the committee this morning in .connection committe~ itself or the Presiding· Officer of the respective branch of with their efforts during the last Congress to obtain his presence Congress shall have power to issue a warrant for the purpose of here was such as to induce the committee to instruct me to make this compelling attendance of witnesses. Certainly it would be no inter motion and to submit this statement to the House. I have done it ference with the liberty of a citizen to lodge in the Presiding Officer in as few words as fossible. I know of no one fact tbat wonlu jll8tify of the House or of the Senate the power to issue a warrant at once me in saying that believe or disbelieve that be was trying to evade in such cases. I shall, therefore, aa soon as this question is disposed appearing here. The committee have sought to put their own officer of, ask unanimous consent to refer this subject to the Judiciary in the position suggested by my colleague, [!fr. BUTLER,] witho~t Committee. bringing this matter before the House. But they ascertained that if Mr. DA. WES. I no'iV offer the customary resolution. I leave it they clid so without the a,ctiou of tho House it would be Qntirely entirely with the House to take the responsibility in this matter. futile. It was t.hcir purpose, if the House granted the warrant, to do The Clerk read as follows : exactly as is suggestecl by my colle~~ue, send au honomble officer Whereas Richard B. Irwin was on the lOth day of September, 1874, dnly snm there, and if he found Mr. Irwin really sick not to disturb him, but monetl to appear and testify before a. staniling committee of this House on the only to secure his attendance. If, however, upon the e t-elegrams ancl Ways and Means, charged with the investi~tion of cert..'tin allegations arra.inst the the statements of the gentleman from New Jersey [Mr. PHELPS] the Pacific Mail Steamship Company, and has without sufficient cause neglected to appear befor said committee tmrsuant to saiJ summons: Therefore, House shall think that it is right and proper to let this man be with Jlegolved, That the Speaker 1ssue his warrant. directed to the Sergeant-at-Arms, out-any restraint, the committee will have discharged their uuty by commaniling him to take into custody the body of the said Richard B. Irwin, laying the matter before the House. wherever to be found, and to ha•e the same forthwith brought before the bar of So much ba.-s been said, so gra.ve aecusations have been made against the Honse, to answer for contempt of the authority of the House in thus failing this company, and by this company hurleu back upon the head of and neglecting to appear before said committee. this Mr. Irwin, whether ri~bt or wrong; and whether the gentleman .Mr. DA. WES. Of comse, if Mr. Irwin should come here unrler that from Now Jersey is right m his construction or the gentleman who warrant and the committee should besatisfierl that he has not intended appeared before the committee this morning is right, we have no evi to treat them with contempt, they will come in and ask thn.t he he dence. A.11 we desire is that the presence of this man shoulu be se discharged. cured. If be is rea11y sick, but dosires to appear here, it would be .Mr. HA. \VLEY, of Dlinois. It seems to me, Mr. Speaker, that this reso cruel to press him before he is able to attend. · lution is not in accordance with the suggestion of any gentleman who t 64 CONGRESSIONAL RECORD. DECEMBER 11' has spoken. There have been read in the hearing of the House tele tary post in the Department of California, near Carlin, Nevada; grams to the effect that Mr. Irwin is sick, and therefore unable to ap which was referred to the Committee on .Military A.:ft'lirs, and ordered pear; yet this re olution recites that he "has wi thont sufficient cause to be printed. neglected to appear." Furthermore, the resolution provides that he PROPERTY BELONGL.~G TO THE UNITED STATES. shall be ''forth with brought before the bar of the House to answer for contempt." It does not say "as soon as he is able to be brought The SPEAKER also laid before the House a communication from here." He may be too sick to come; yet the resolution unqualifiedly the:) Secretary of the· Interior, transmitting, in compliance with the act of July an inventory of property belonging to the Unit~d requires his immediate attendance. 15, 1870, Mr. LAWRENCE. Under the resolution the officer charged with Btates in his Department on December 1, 1b74; which was refened the execution of the wanant would have a discretion as to when the to the Committee on Appropriations, and ordered to be printed. party should be brought here. INSPECTIO:N OF DISBURSING OFFICERS' ACCOUNTS • .Mr. DAWES. I modify the resolution by striking out the words The SPEAKER also laid before the House a communication from· "without sufficient cause." the Secretary of War, transmitting, in compliance with the act of Tho resolution as·mot.litied, was agreed to. April 20, 1874, reports of inspection of disbursing officers' accounts; Mr. G. F. HOAR, by unanimous consent, submitted the following res which was referred to the Committee on Military .A..ffairs, with dis olution ; which was re~_d, considered, and agreed to : cretion to that committee to order the printing if they shall deem it Resolved, That the Judiciary Committee be directed to corutider the expediency necessary. of authorizing by the general W.w the Presiding Officers of the two Houses, or some SATh'"T CLAIR AND CAROl-.TJ>ELET BRIDGE. other person, to 1ssue proper process to compel the attendance of witnesses who have disobeyed the summons of either House. The SPEAKER also laid before the House a report of the Secretary of War, on the Saint Clair and Carondelet bridge; which was re HYGEA HOTEL, FORTRESS MO~TROE. ferred to the Committee on Commerce, and ordered to be printed. :Mr. PLATT, of VIrginia, by unanimous consent, introduced a bill (H. R. No. 3915) to authorize the Secretary of Warto give permis ion CONTINUE}\~ FUND OF THE HOUSE OF REPRESENTATIVES. to oxtend the Hygea hotel, at Fortress Monroe, Virginia; which wa The SPEAKER also laid before the House a letter from the Clerk read a first and second time} referred to the Committee on .Military of the House, transmitting, in accordanoo withlaw.J~his nnnual report Affairs, ~d ordered to be printed. of the disbursement of the contingent fund of the liouse; which was REPRINTL."\"G LEGISLATIVE APPROPRIATION BILL. referred to the Committee on Appropriations, nnd ordered to be printed. Mr. GARFIELD. I ask unanimous consent to offer the following MILITARY ROADS. resolution, which I suppose must go to the Committee on Printing, The SPEAKER also laid before the House a communication from although there is really a necessity that it should be adopted to the Secretary of War, in relation to the bill (H. R. No. 24UJ) to provide day: for the construction of a military road in Oregon; which was re Re8olved, That there be printed for the use of the House of Representatives ferred to the Committee on Military Affairs, and ordered to be printed. seven hundred copies of the bill making appropriations for the legis.lative, exccn· P. U. MURPHY AND J. A. BROWN. tive, and judicial expenses of the Gi>vernment for the year ending June 30, 1876. Mr. BROMBERG. Thegentlemanfrom Tennessee[Mr.MAYNARD] The SPEAKER. If the gentleman will move that the bill be re- withdraws his objection to the bill. I asked unanimous consent to printed, that will accomplish the object. · introduce-- Mr. GARFIELD. Very well; I withdraw theresolution,andmake Mr. MAYNARD. I withdraw my objection. that motion. Mr. BR0~1BERG, by unanimous consent, introduced a bill (H. R. No. The motion was agreed to. 3918) to relieve P. U. Murphy and J. A. Brown, of Alabama, of politi EXPENSES OF UNITED STATES COURT IN NEBRASKA. cal disabilities; which was rend a first and second time. Mr. COX. I ask unanimous consent to submit the following reso Mr. BROMBERG. A petition accompanies each case, praying for lution. this relief. The Clerk read as follows: The bill was ordered to be engrossed and read a third time ; and Resolved, Tb.'\t the Committee on Expenditures in the Department of Justice be being engrossed, it was accordingly read the third time, and passed; directed ijpecially t() inquire into the expen es of the United States court in Ne two-thirds of the House concurring therein. brn.ska, with power to send for persons and papers. NICHOLAS H. LAMBDIN, UNITED STATES NAVT· Mr. BUTLER, of Massachusetts. I ouject. I am tired of this in Mr. O'BRIEN, by unanimous consent, introduced a bill (H. R. No. vestigation of everybody. 3917) to oompensate Nicholas H. Lambdin, assistant engineer United Mr. COX. I hope the gentlem:m will not object to the reference States Navy, for loss of effects on board of the Virginius n.t the time of the resolution to the committee. of the sinking of said vessel, September 26, 1873 ; which was read a Mr. BUTLER, of Massachusetts. I do not object to the reference first and second time, referred to the Committee on Naval Affairs, and of the resolution. ordered to be printed. · The resolution was received, and referred to the Committee on Ex And then, on motion of Mr. KELLOGG, (at threo o'clock and fifty penditures in the Department of Justice. minutes p. m.,) the House adjourned. CLAIMS OF ALIENS. Mr. LAWRENCE, by unanimous consent, introduced a blll (H. R. PETITIOXS, ETC. No. 3916) to provide for the adjudication of the claims of alienR; which was read a first and second time, referred to the Committee on . The following memorials, petitions, and other papers wore pro sented at the Clerk's clesk, under the rule, and referred a.s s~'loted: War C1'lims, and ordered to be printed. By 1\!r. BROWN: The petition of Alice Park, to be compensated ADJOURNMENT OVER. for the use of her pr9perty by the United States o.uthorities, to the Mr. YOUNG, of Georgia. I move that when the House adjourns to Committee on War Claims. · day it adjourn to meet on Monday next. By .Mr. COBB, of Kansas: Resolutions of the Legislature of Kan The motion was agreed to. sas, memorializing Congress to extend the time for payment of dues Mr. YOUNG, of Georgia, moved to reconsider the vote just taken; on public lands in Kansas to January 1, 1876, to the Committee on and a.lso moved tha.t the motion to reconsider be laid on the table. the Public Lands. The latter motion wns agreed to. Also, resolutions of the Legisbtnre of Kansas, memorializing Con gre to permit homestead and pre-emption settlers in Kansas to aban RE~10V AL OF POLITICAL DISABILITIES. don their several· claims for one year without detriment, on account Mr. BROMBERG. I ask unanimous consent to introduce a bill to of the grasshopper invasion and drought, to the Committee on the relieve P. U. Murphy and John A. Brown, of Alauama, of political Public Lands. disabilities. Also, resolutions of the Legislature of Kansas, in relation to set .Mr . .MAYNARD. These things had better be brought in during the tlers on Miami Indian lands, to the Committee on Indian Affairs. morning se sion. Also, resolutionB of the Legislature of Kansas, recommending a l\1r. BRO.l\IDERG. Petitions accompany each case, and I do not see change in the management of Indian affairs, to the Committee on any good reason why the bill should not ue passed at this time. Indian Affairs. Mr. MAYNARD. If the bill be brought in in the morning session Also, resolutions of the Legislature of Kansas, memorializing Con I do not know that I will object. gress to po tpone all payments on the Kansas Indian r erve and PRESERVATION OF ARliT CLOTHING. trust lands, on account of the ravages of grasshoppers, &c., and nn The SPEAKER laid before the Hou e a letter from the Secretary unprecedented drought destroying the crops, to the Committee on of War, transmitting the report of the board of officers to investigate Indian Affairs. the process of John A. Cowles & Co. for the pre ervation of clothing By Mr. COBURN: The petition of JohnS. Bishop, late first lieu from moth and mildew; which was referred to the Committee on tenant Sixty-f'lighth Illinois Volunteers, for relief, to the Committee on Military Affairs. Appropriations, and ordered to ue printed. By Mr. FRYE: The remonstrance of the National Association of M.ILITARY POST--GARLIN, NEVADA. Lumbermen against the so-called reciprocity t.reaty l1etween the The SPEAKER also laid before the House a communication from United Sta.tes and the British North American province , to the Com the Secretary of War, in 1~lation to the establishment of a new mill- mittee on Foreign Affairs. 1874. CONGRESSIONAL RECOR.D. 65 By :Mr. O'NEILL: The petition of Ann:1bella Evans, widow of Mor :Mr. SHERMAN presentefl a memorial of the Importers an