4046 CONGRESSIONAL RECORD-HOUSE. MAY 1, . /
Also, ·mem-orial of the Boston monthly meeting of Friends, in favor of District of Columbia, in the Territories, and in the Milita-ry and Naval the passage of Senate bil1355, to promote peace among nations, &c. Academies, the Indian and cplored schools supported wholly or in part to the Committee on Foreign Affairs. by money from the national Treasury, .were presented and severally By Mr. COMSTOCK: Petition of J. B. Richardson Post of the Grand referred to the Committee on Education: ..Aimy of the Republic at Harbor Springs, Mich., asking for increase of By :Mr. BRAGG: Of citizens of Fond duLac and Waukeska County, pension for Mary E. Champ-lin-to the Committee on Invalid Pensions. Wisconsin. .Also, petition of Williams Post, No. 10, Grand .Army of the Repub By 1\lr. E. B. TAYLOR: Of citizens of Cuyahoga County, Ohio. lic, of Ludington, Mich., asking for increase of pension for Mary E. Champlin-to the-same committee.
Also, petition of citizens of Kent County, Michigan1 for the enaet ment of such laws and appropriations as will make efficient the work HOUSE OF REPRESENTATIVES. of tlie National Board of Health-to the Committee on Commerce. By Mr. GIFFORD: Seventeen petitions of citizens of Dakot-a, pray SATURDAY, May 1, 1886. ing for a division of the Territory on the seventh standard parallel thereof-to the Committee on the Territories. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. . By 1\Ir~ GROSVENOR: Evidence to support the bill for the relief of William Jack-to the Committee on Invalid Pensions. _ The Journal of yesterday's proceedings was read and approved. Also, evidence to support bill fm:: the relief of Charles T. Shirm-to PUBLIC DUITJ>ING AT WICHITA, KANS. • the same committee. The SPEAKER laid before the House a letter from the acting Secre By l\Ir. McCOMAS: Petition of John C. Middlekauff, of Washing tary of the Treasury, transmitting a letter from the Supervising..Aichi ton County, Maryland, for payment of war claim-to the Committee tect of the Treasury relative to the proposed increase of limit of cost of on War Clmms. ' the public building at Wichita, Kans.; which was referred to the Com By Mr. OSBORNE: Memorial of Grange No. 236, of Pennsylvania, mittee on Public Buildings and Grounds, and ordered to be printed. asking for legislation that will suppress the manufacture and s..1.le of PRIVATE LAND CLA.IMS IN NEW ?riEX.ICO. all imitation dairy products-to the Committee on Agriculture. Also, memorial of the same, protesting against legislation favoring The SPEAKER also laid before the House a letter from the Assistant the admission free of duty of all agricultural raw material-to the Secretary of the Interior, transmitting a letter from the Commissioner Committee on Ways and Means. of the General Land Office inclosing communication from the surveyor ' By 1\1t:. PAYNE: Petition of P. C. Kenyon and others, of Central general of New Mexico relative to legislation for the adjustment-of pri Square, N. Y., for a tax on ,oleomargarine-to the Committee on Agri vate land claims in that Territory; which was referred to the Commit culture. tee on Private Land Claims, and ordered to be printed. By Mr. PETERS: Petition of Knights of Labor No. 5533, of Wel REFERENCE OF SENATE DILLS. lington, Kans ~ , favoring organization of Oklahoma Territory-to the The SPEAKER laid before the House Senate bills of the following Committee on the Territories. titles; which were severally read twice, and referred to the committees By Mr. PIDCOCK: PetitionofGra.nge'No. •88, ofNewJersey, against named: 1 . allowing the admission of free raw materials, like wool, &c.-to the A bill (S. 165) for the relief of William H. Gray; of Kentucky-to the Committee on W_ays and Means. · Committee on Claims. Also, petition of same, asking protection for dairy interests-to the A bill (S. 187) for .the relief of Frederick W. Ruggles, of Westport, C6mmittee on Agriculture. Nova Scotia-to the Committee on War Claims. · ny Mr. PINDAR: Petition of merchants and business men of New A bill (S. 267) for the relief of Edway A. Grant--to the Committee York, New Orleans, Chicago, Boston, ;Baltimore, and Philadelphia, on Claims. · praying for law prohibiting tax, &c., upon commercial tra.-.elers-to A bill (S. 472} for the reliefof the American Board of Commissioners the Committee o~ Com.m.erce. - for Foreign Missions, Rev. Wc7rcester Willey and Esther Smith-to the By Mr. RANDALL: Petition of merchants of Baltimore, Boston, Committee on Claims. Cllka!ro, New-Orleans, and Philadelphia, in favor of the passage of A bill (S. 1071) for the relief of Frances W. Dyer-to the Committee Hou.s~billl621-to the same committee. on Claims. By Mr. SENEY: Petition of Traders' Union, favoring House bill No. REFERENCE OF SENATE RESOLUTION. 1621-to the Sllme committee. The SPEAKER also laid before the Hou.sEt the following Renate con By Mr. SMALLS: Petition of 285 citizens of the District of Columbia, current resolution; which was rea~ and under the statute referred to asking the enactment of a law requiring scientific temperance instruction the Committee on Printing: · in the public schools of the District--to the Committ-ee on Education. Resol,;ed by !he Senate (the Hause of Repre.sentatiua concurring), That there be By 1\fr. E. F. STONE: Petition of the President of Salem (Mass.) printed 3,000 copies of the r epor-t of the Superintendent of the Coast and Geo Women's Association in behalf of the bill (S. 52) relating to Indians detic SnTVey showing the progress made in said survey during the year ended to the Committee on Indian Affairs. June 30, 1885, for distribution by said superintendent. By Mr. J. M. TAYLOR: Petition of John C. Trice, of Henderson LEAVE OF ABSENCE. County, Tennessee, for payment of war claims-to the Committee on By-unanimous consent leave of absence was granted as follows: War Cl.aims. To Mr. DANIEL, for three days, on account of important business. By Mr. ZA.CH. TAYLOR: Petition of Ann Eliza Turner, trustee, of To Mr. CULBERSON, for twelve days, on account of sickness in his Fayette County, Tennessee, asking that their war claim be referred to family. · • the Court of Claims-to the same committee. To M:r. CABELL, for four days, on account of important btisiness. By Mr. TOWNSHEND: Letter in support of claim of John Sheridan To Mr. JoHN M. TAYLOR, for this day, on account of sickness in his fo'f relief-to the Committee on Invalid Pensions. family. By Mr. VOORHEES: Petition of Seattle, of Tacoma, and of Seattler POTOMAC RIVER FLA.TS. Wash., asking Congress to annul act of the Legislative Assembly in The SPEAKER announced as the conferees on the part of the House relation to penitentiary law-to the Committee on the Territories. in the conference with the Senate on the bill (S. 335) to provide for pro Also, memorial.of the Chamber of Commerce of Astoria, Oreg., pray tecting the int-erests of the United States in the Potomac River flats, ing for protection to settlers on the forfeited land grant of the Oregon jn the District of Columbia, l\Ir. BARBOUR, 1\lr. REAGAN, and Mr. Central Railroad Company in Oregon and Washington Territories-to BuTIERWORTH. the Committee on the Public Lands. TELEPHOYE INVESTIGATION. · Also, papers in the claim of John L. Butler-to the Committee on Mr. ADAMS, of Illinois. Mr. Speaker, I rise to presentaprivileged c~. . Also, petition of citizens of Washington Territory, asking for the dona report from the Committee on Accounts. tion of certain lands in Whatcom County, adjofuing the boundary Iiue The Clerk read the report, as follows: of British Columbia, as an international park-to the Committee on the "IN TIIE HOUSE OF RXPI!.E3ENTATIVES, Ap~'il 26, 1886. Public Lands. "Resolved, That the sum of $1.,000 ::ill owed by tne r~olution or FebYuary 26,1886, relating to certain telephone companies, to pay the expenses of the investiga Also, petition of citizens of .Olympia, Wash., praying for the annul tion thereby ordered. be increased to a ttm not exceeding 2,500; thnt the addi ling of the act of the Legislative Assembly of Washington Territory tional sum hereby allowed be paid out of the contingent fund of the House, a providing for the permanent location and construction of a penitentiary provided in the original resolution, -and that said committee be authorized t<> pay a clerk at the sa.m.e rate of compeos ution allowed to other committee clerks, at Walla Walla-to the Committee on the Territories. beginning at the date when he was actually employed in the scTVice of the com By 1\Ir. WADSWORTH: Petition of Thomas H. B:ruce, for relief mittee." to the Committee on Invalid Pensions. 'The committee make the following report : That the Committ-ee on Accounts, to whom was referred the accompanying By Mr. WARD: Petition of Knights of Labor Local Assembly 4477, resolution, after due consider tion, report the following sub titute and recom of Chicago, ill., against the free-ship bill-to the Select Committee on mend its adoption : American Ship-building and Ship-owning Interests. "Resolved, That the sum of $1,000 o.llowed by the resolution of February 26, re lating to certain telephone companies, to pay the expenses of the investigation · The following petitions, praying "Congress for the e~tment of a law. thereby ordered, be increa ed to a sum not exceeding 53,000; tha the additional requiring scientifictemperanee i.nstruction in the public schools of the sum hereby allowed be paid out of the contingent fund of the House as pr~ 1886. CONGRESSIONAL RECORD-,HOUSE. 4047
vided in the original resoluHon, &nd that said committee is hereby declared to inform this House by what authority these practices are had, and by what au have been authorized by the resolution aforesaid to employ a clerk, and is au thority persons ate paid salaries when they do not perform any service to the thorized to pay said clerk at the same rate of compensation allowed to other Government.'' committee clerks, beginning at the date when he was actually employed in the The Committee on Reform in the Ciril Service, to whom the nbovc resolution service of the committee." · was referred, have had the same under .onsideration rutd submit the following report: Mr. ADAMS, of illinois. Mr. Speaker, the development of that in 'I' he committee cart see no reason for questioning the good faith of the state vestigation bas shown clearly that the committee need more than the ment made by the acting Secretary of the Treasury in his report to the House sum origina.lly allowed. We believe they need at least $3,000, and I under date April 5, 1886, th t substitutes a.re appointed t.o fill the places of per manent employes when the latter are absent on account of sickness, and ac suppose there will be no objection to the passage of the resolution. If cepting this as a valid reason for the temporary appointment of such substi any gentleman has any question to ask I will answer it, or allow the tutes, beg leave to be discharged from the further cousideration ol the matter. chairman of the investigating committee to answer it. Mr. HOLMAN. I think we had better have some explanation of the Ur. TAULBEE. Mr. Speaker, I move that the House adopt tho reso necessity for this additional appropriation. lution reported back by the committee. :Mr. BOYLE. Mr. Speaker, on the suggestion of the gentleman from The SPEAKER. The question is on the n.doption of the resolution. Indiana [hCr. HOLMAN] I state that the committee was authorized to Does the gentleman from Kentucky [Mr. TAULBEE] desire to address employ a stenographer. The expense of the special stenographer up to the Chair? · ·. a certain date was about $1,500. At that date, seeing that we bad ex :Mr. TAULBEE. Yes, sir. ceeded the amount allowed us, I called upon the Speaker and had one Mr. MORRISON. Regular order~ 11r. Speaker. of the official stenogra.phers detailed to record the proceedings of the The SPEAKER. This is the regular order. committee, and since that time we have incurred no further expense of 1\Ir. TAULBEE. Mr. Speaker, I will send to the Clerk's desk the that character. The other expenses have been for mileage, for witnesses, report of the Secretary of the Trea.sru:y on which was based the resolu ' and a very few dollars for stationery. The committee at the outset tion introduced by me. He need not read the accompanying table, but thought it might get along without a clerk, but soon found that to be im I will ask permission to print it in the RECoRD. possible. On account of the number of papers which came into our cus The Clerk read as follows: tody, and the work connected with them, we found the services of a clerk TREASURY D EPAll.TMENT, Apl·il5, 18$6. absolutely necessary, and without express authority from tl1e House, SIR: I have the honor t.Q acknowledge the receipt of a. resolution of the House of Representatives, adopted March 24, 1886, of which the following is a copy: but assuming that we had the authority under the original resolution, "Resolved, That the Secretary of State, the Secretary of the Treasury, the. ec· we did employ a clerk, who has rendered service to the committee almost retary of War, the Secretary of the Navy, the Postmaster-General, the 8ecretnt·y from its organization. I was under the impression when this resolution of the Interior, and the Attorney-General be requested, respectively, t.Q inform the House, if not incompatible with the public service whether or not employes was offered that $2,500 would be sufficient for the purposes of the com in their respective Departments are permitted to empioy substitutes to perform mittee, and it may yet prove to be so, but we are authorized by the their duties, and whether or not such substitutes are employed or apt>Ointed; substitute repurted from the .Committee on Accounts to expend, if neces and, if so, by whom so employed or appointed. and the amount of com pen ::~tion paid such substitutes :md by whom paid, and the amount of compensation paic.l sary, a sum not exceeding $3,000. We certainly will not expend more the 1·egular employes during the time such substitute is emplo;~·ed and by whom than is absolutely necessary to pay the expenses of the committee. paid, together with a list of such employes, their home post-offices, and date of Mr. ADAMS, of illinois. Mr. Speaker, if no other gentleman desires their appointment, and a. list of such substitut.es, their home post-offices, and date of their appointment, and whether or not any of such substitutes are as to ask a question, I demand 11he previous question on agreeing to the signed t.o duties of positions included 'in the classified civil service, and whet he!.' substitute and the passage of the resolution. or not such substitutes have passed examinations by the United States Civil The previous question was ordered. Service Commission and been certified for such appointment; and if such sub employment or subappointment is had or permitted, by what authority it is so The substitute reported by the Committee on Accounts was agreed to. had or permitted." The resolution as amended was adopted. • In reply thereto I would say that when employes of this Department are Mr. ADAMS, of illinois, moved to reconsider the vote by which the obliged to be absent on a(lCOunt of sickness, it has been customary to allow sub stitutes to act in their places if additional clerical force is required during their resolution was adopted; and also moved that the motion to reconsider absence for the proper trimsaction of public business. The designation of such be laid ou the table. substitutes is made by the direction of this Department, &nd the substitutes so The latter motion was agreed to. designated are compensated out of the regular salaries of the persons whom they represent. They perform such duties 1\S may be required of them from SUBSTITUTES IN THE TREASURY DEPARTMENT. time to time in the bureau or division t.Q which they are attached. This Department is not informed as to whether such substitutes have passed M:r. FINDLAY. l\Ir. Speaker, I desire to present a privileged rewrt examination by the United States Civil Service Commission, us they are desig from the Committee on Reform in the Civil Service. ~ nated to said positions without certification from said commission. The report was read, as follows: Inclosed herewith is a list giving the names of such substitutes, their homo post:offices so far as known to this Department, and date of their designation ; · "IN THE HousE oF REPRESElli"TATIVES. also the names of the regular employes who are represented bysaidsubstilutes, "Whereas by a report to this House by the Secreta1-yoftheTreasury, bearing their home post-offices, and the date of their appointment, together with tlhe date April 5,1886, it is shown that quite a number of persons holding positions as amount of compensation allowed said substitutes and the salaries of said em emplo;res in the Treasury Department are carried on the ralls of employes and ployes. not required to perform any service, and whose places are filled by substitutes Respectfully, yours, designated to pos~tions within the classified civil service and who ha.venotbeen C. S. FAIRCHILD. certified for appointment to said positions by the United States Civil Service Com Actina Secretar-y. mission, and who are paid a less rate of compensation than the salary allowed To the SPEAKER. OF THE HOUSE OF REPRESENTAT:cvml. the said regular employes: Therefore. _ "Resolved, That the Secretary of the Treasury be, and he is hereby, directed to . The following is the table above referred to:
Dateofdes ICompensa- ~ Salaryofreg- 1 Date of a~ Name of substitute. Home post-office. ignation- tion of sub- ula~ em- Name ofregul:u employe. Home post-office. · stft.ute. ploye. pointment. I I • Allen, Mrs. H. E...... District of Columbia.. ::Mar. 22,1886 $840 00 &1,000 00 Renfro, George W...... Kentucky...... Sept. 29,1863 900 00 900 00 Brown, Miss F. R...... District of Columbia.. May 1,1869 ~:;~·nf~sv~:.~::::::::::::::::: :::::::::~~::::: :: :::::::::::::::: ;.~~. ~:i: 500 00 900 00 Korhannner, ~frs. Tonnia...... do...... Nov. 2,1874 Cartwright,J!Iiss S.M...... do...... Mar. 20,1886 700 00 1,000 00 Crane, Miss K. G...... Massachusetts...... Sept. 1, 1869 800 00 1,400 00 Duvall,·Louis ...... Texas...... June 16, 1fri7 g~li.~. ~.~.::::::::::::::::::: :::::::::~~::::::::::::::::::::::: r~~. ~:t= 720 00 900 00 Stockdale, Mrs. A. P ...... Loaisiana ...... Feb. 17,1lfi'O Dorsett, Mrs. B. M ...... do...... Feb. 11,1886 700 00 1,200 00 Frank, Charles A...... Massachusetts...... Sept. 13,1884 Fox, l'lliss Imogene...... do ...... Oct. 8,1885 800 00 1,400 00 Chase, William H ...... New York...... April 2,1880 Godey, Miss C. C ...... do ...... Mar. 4,1886 500 00 900 '00 Harkness, Mrs. 1'11. C...... Connecticut...... Nov. 4,1884 Harper, nriiss Annie...... do...... Dec. 14,1885 500 00 900 00 Harper, Mrs. S. F...... Indiana...... Oct. -,1875 He...,p,l\liss Ma,.o-gie ...... do...... Dec. 15,1885 600 00 1,000 00 Heap, Mr. E. L...... District of Columbia. .A.ng. 1S, 1871 Hayden, William F ...... do ...... Jan. 11,1886 84{) 00 1,200 00 Doran, Thomas F ...... do ...... Jan. 23,1886 1,200 00 1,800 00 ~~~i.-~ii.~::::::::::::::::::: ~:!aa:~p~h:ke:::::::: . ~~ ~:{~ 900 00 1,200 00 Miller, Charles...... Pennsylvania'...... Oct. 5,1874 360 00 720 00 Ha.ncock,F.F ...... l't!aryland...... Aug. 3,1885 ~~£f~~~f.:;:::::::::::::::::::: :::::::J~::::::::::::::::::::::: ~~· 4Ji 720 00 720 00 Armstrong, ;f. L ...... do ...... July 30,1885 :1\Ioulthrop, l'.frs. J. F ...... do ...... ::May 20,1885 840 00 1,200 00 Miller, Miss Alice...... do ...... Oct. 16,1885 840 00 1,200 00 =~it_DL~~~~.::::·:~::::::::::: ~~~~~:.::::::::::::: :: ~~· t:i: :1\IcLeod,Miss Mary...... do ...... Nov.16,1885 450 00 900 00 1\IcLeod, Miss Maggie ...... Pennsylvania ...... Jan. 15,1878 J\!Iann, l'.fiss H. N ...... do ...... Oct. 14,1885 840 00 1,200 00 Pancoast,Miss:M.E ...... New Jersey...... Jnly -,1869 1\foore, :rtiiss Agnes ...... " ...... do ...... Oct. 29,1885 720 00 900 00 Alexander, MiSS>l'tf. C...... West Virginia...... Dec. 6,1869 Mulquin, l'lliss Mary...... do...... Mar. 8,1886 720 00 1,-000 00 Nichols,l\Iiss J. "\V...... do ...... Oct. 1,1885 800 00 1,600 00 }:!~~~~ .~~~~.. ~::::·.:::::: ~~::.::::::::::::::::: :: : ~~y 2~:~~ Petingale, Samuel K ...... do...... May 22, 1885 900 00 1,800 00 Petingale,Thomas...... New York...... Mar.:J-0,1863 Peacock, Miss Sarah ...... do...... Nov. H,l885 4.80 00 660 00 Millar, Miss C. V ...... Colorado...... June 1,1881 Reynolds, Miss Maud...... do...... Aug. 6,1885 900 00 1,800 00 Reynolds,J.E ...... New York ...... A.pril29,1872 Rickey, Joseph l\1 ...... do ...... Mar. 9,1886 1,000 00 1,800 00 Ellis, Zabina...... do... :...... Sept. 24,1864 720 00 1,000 00 Leet, Mrs. S. B...... Pennsylvania...... Dec. 19,1881 500 00 900 00 Pl&nt, Miss l'.L A. ....:...... District of Columbia.. Dec. 11.,1871 ~!~~~n;i~:::::::::::: :::::~:::i~::::::::::::::::::::::: .~.:... ~:.~~. 900 00 900 00 VMden, Mrs. A. C...... J\.Iaryland ...... June 8,1868 800 00 1;4oo oo .Jennings, Halsey...... New .Jersey ...... July !ll,1881 ~~d~~~~~T~:::::::::::::::: :::::::::~~::·:::::::::::::::::::: ~~~: ~i= 1,000 00 1,400 00 Blake,.James ... ~ ...... Kansas ...... April 4,1878 4048 CONGRESSIONAL RECORD-HOUSE. MAY 1,
l\Ir. FINDLAY. I rise to a point of order. When the report of the it-no patience with that kind of thing. I believe that the civil-service committee had been made, I understood the gentleman from Kentucky law was "conceived in sin and brought forth in iniquity;" that itwas [Mr. TAULJ!EE] to move the adoption of the report-- conceived in the mind of Dorman B. Eaton, who afterward made more 'rhe SPEAKER. Which was lliiDecessary. money out of it than any other man, and that a "cat's-paw" was made Mr. FINDLAY. And the Chair submitted that question, which was of Senator Pendleton, for whom previous to his connection with that voted on. I voted "ay 11 myself on the adoption of the report. matter I entertained the highest regard and appreciation,.but whose con The SPEAKER. The gentleman from Kentucky [Mr. TAULBEE] nection with that obnoxious measure relegated him to that obscurity stated, however. th~t he had risen to address the Chair-- which no man will ·envy him, and from which it will require extraor Mr. FINDLAY. But he failed to do so; and before making that dinary power to resuscitate him. statement he bad moved the adoption of the report. I start in with that statement, but while I have no patience with The SPEAKER. '!'hat was the matter before the House. th..'l.t law, while I believe it is an unjust law, I say,. inasmuch a.s we Mr. FINDLAY. What becomes of that matter? are committed to its execution by the Chief Executive of this Govern '.fbe SPEAKER. It is pending. The gentleman still retained the ment, by the man elected President by that party in whose faith and floor. . integrity I have the greatest confidence, we ought in good faith, inas Mr. FINDLAY. The question was put by the Chair to the House much as it is the law of the land, to respect it. If we can not repeal on the adoption of the report. it let us obey it, let us live up to it. Mr. TOWNSHEND. The n~o-ative vote was not taken. That is my doctrine. The more objectionable a law is, the more ob The SPEAKER. But the gentleman from Kentucky stated that be noxious it becomes by its fnithfuLexecution. If we have a bad law, fore the Chair commenced to take the vote he had risen to ac4lress the the way to get rid of it is to enforce it. r.rhen public sentiment will Chair. The Chair always accepts a statement of that kind made by revolutionize in reference to it, and we can find relief through honest gentlemen on the floor. The gentleman from Kentncky retained his channels and methods. place on the floor. The Chair commenced taking the vote because be One objection I might assign to this civil-service law which will il supposed the gentleman from Jlentucky did not ~esire to say anything; lustrate the nature of many objections, and I might state more, but I but thegentleman having stated that he did desire to speak, and being will not consume the time of the House by going into detail. My objec still on the floor, the Chair of course was compelled to suspend the · tion is that we find prior to the adoption of the ci vil-se:rvice law that putting of the question. there was in, force and on the statute-books this l~w. I read from the Mr. FINDLAY. I do not wish to press the matter further; but the supplement of the Revised Statutes· of the United States, volume 1, '' ayes '' had been called for. laws 18i4-'81, plge 161, where, spea.king of the provision in refer-. The SPEAKER. But the vote was interrupted by the staterrfcnt of <'nee to appointees in the Treasury Department, it goes on to say as tbe genlleman that he bad held the floor for the purpose of addressing follows: the House. Providtd, That on and after January 1, 18i6, the appointments of this Depart Mr. TAULBEE. I beg leave to differ with the gentlem:1.n from "Mary ment shalt be so arranged as to be eqL llly distributed between the se,·eral States of the United Slates, Territories, an< the District of Columbia, according land as to what my motion was. It was to adopt the resolntion, and to population. not the 1·eport of the committee. The motion I desire to submit is that the report of the committee be laid on the table and the resolution r.s Now, 1\Ir. Speaker, it is a well known,.fact thata.tthe time this civil service act went into .effe~t this part of the statute had been ignored reported back be adopted. and that many of the States of this Union·were not fairly represented The SPEAKER. The gentleman's motion was to adopt the resolu on the rolls of public employes of this Government. tion; that was the language used by him. The Chair supposed be This may be regarded by some high-minded statesmen a.s a trifling meant the report, beca.use the Chair, having his attention engage
rely, in confidential and important places, upon the work oftliose not only op of the Civil Service Commission we find that the District of Columbia, posed to them in political affiliation, but so steeped in partisan prejudice and rancor that they have no loyalty to their chiefs and no desire for their success. entitled to four appointments in each one thousand, has received twenty Civil-service reform does not exact this, nor does it require that those in sub· three appointments, when according to the number appointed for the ordinate positions who fail in yielding their best service, or who are incompe last year it would have been entitled to but two. This district then, tent, should be retained simply because they are in place. The whining of a clerk discharged for indolence or incompetency, who, though he gained his entitled to two appointments, has received twenty-fourunderthe opera place by the worst possible operation of the spoils system, suddenly discovers tion of the civil-service law, following in the wake of the customs here that he is entitled to protection under the sanction of civil-service reform, rep tofore practiced and indulged in, when Kentucky, entitled to thirty resents an idea. no less absurd than the clamor of the applicant who claims the vacant position as his compensation for the most questionable party work. three in each one thousand, has only received seventeen in the last year. The ci>il-service law does n<>t prevent the discharge of the indolent or incom I submit to this House and to the country if that is fair; I submit to petent clerk, but it does prevent supplying his place with the unfit party worker• gentlemen upon this floor if that is good faith in executing the civil-serv • Thus in both these phases is seen benefit to the public service. And the people who desire good government having secured this statute will not relinquish its ice law? This job bears the ear-marks of Dorman B. Eaton. Besides, benefits without protest. Nor are they unmindful of the fact that its full advan Mr. Speaker, by an examination of the report of the Secretary of the tages can only be gained through the complete good faith of those having its Treasury, read from the Clerk's desk this morning, you will find that execution in charge. And this they will insist upon. I recommend that the salaries of the Chtil Service Commissioners be increased each and every one of these thirty-two substitutes, designated to fill to a sum more nearly commensurate to their important duties. places within the classified civil service, without examination, is made Rev. HenryWar within its specific provisions, its spirit should apply to all the offices has, under a Democratic administration, through the ilistrumentality of the country. The President may have differed and did differ with of a Republican chief, been denied promotion, and his inferiors in point some ofthe-most zealous advocates of Democracy on that point, yet it oflengthofserviceand proficiency in theoffice, asshown by the record, is his policy, and he has carried it out more fully thf\n any of his Re- have been promoted over him. Another one has, been dismissed. publican piedecessors carried out its spirit with reference to changing I do not blame Democrats for complaining. I feel like complaining the appointments under them when their predecessors belonged to the myself when these same men who were sent out at the last Congres- same political faith. sional election with the campaign funds from the Departments to try Mr. CANNON: Will the gentleman allow me another question? to br~g about my defeat and the defeat of other Democrats on this :Mr. TAULBEE. I do not think I have time to answer any more floor, now wink and jeer and sneer at Democratic members of Congress foolish questions [laughter]; but I believe I will allow the gentleman when they talk about asking for positions for Democrats, and go on another question. drawing their enormous salaries from the Treasury and quietly saving • Mr. CANNON. The gentleman states, if I understand him correctly, up their ea.rnings and their "percentages" for the approaching cam that he is satisfied the abuses about which he complains arise from the paign. I say I feel like complaining, and I do not blame the Demo heads of bureaus. Now, if that be true, is his President incompetent crats for complaining. I say this state of things is evidence of bad or hypocritical in failing to remove those officers? faith upon the part of those men who' are in authority under a DemO:. 1\fr. TAULBEE. Neither; but the President elected by the party cratic a~inistration. I _propose to take the high ground that when to which I belong, has been occupied for the last two or three months the Democrats are intrusted with the administration of the executive in trying to hold the Senate in check to keep th~m from besmirching branch of this Government, they are entitled to the public' patronage. .hi!" character wrongfully because of the exercise of a discretion which If there is anything that I admire. in the Republican party it is the te~ the Constitution confers upon hi~. [Applause.] na.city with which they hang together, the cert&inty with which they :Mr. WILLARD. Who is responsible for that? provide for men-of their own party, and the promptness with which Mr. TAULBEE. Ifthegentlema.n shouldinsistthatthese abuses theyturnoutDemocratswhentheyhaveachance. [Laughter.] !be do not exist through the instrumentality of the chiefs of bureaus of lieve that is the only good trait of character they have, but I am frank these DepartmentS, I will give him a specific case. to accord them that. Mr. CANNON. I do not so insist. The gentleman makes these Now, Mr. Speaker, this resolution asks the Secretary of the Treasury charges; I am neither affirming nor denying. to inform this House if there is any law by which these substitutes in Mr. TAULBEE. Then what does your question lead to? To-the the Department are appointed. The same question wa.S asked in· the consumption of time. Or are yon catching at a straw? . . former r~lution, but the acting Secretary of the Treasury, in the ab- Mr. CANNON. The gentleman has misunderstooll me. He com- sence of Secretary Manning, satisfied himself with answering a part of plains these abuses are committed by the heads of bureaus. I say the resolution, saying that these abuses did exist, but forgot to answer that being true, if it is true, why does not his President remove them, why. This resolution proposes to call on theSecretaryoftheTreasnry and perform the duty which under his oath of office he owes to the for tlte authorityby which-these abuses exist. If any gentleman on country? . . this floor is willing to cover this matter up, is willin~ to say that this Mr. TAULBEE. In good faith, and in all earnestness, if the gentle- Honse has no use for the information, or that the country is not entitled man desires to be understood as being in earnest-- to call for it. then I ask him tO" vote with the Committee on Reform in Mr. CANNON·. I am in earnest. the Civil Service. I do not wish tO refloot upon that committee, and I ~Ir. TAULBEE. Well, you stand isolated from your party, for the will not do so if I know myself, but I wish right here to express the Republican party has raised the hue and cry, and the controversy be- hope, and the belief as well, that the adverse report on this resolution tween the President and the Senate is based on the claim of the Repub- was not in any way influenced by the little unpleasant tournament of lican party that he has indiscriminately removed men from office. words _between myself and the gentleman o~ that committee a few days Mr. CANNON. Will the gentleman allow me? ago. . _ Mr. TAULBEE. The gentleman will be allowed. I sa.y that I will not attribute any motive of that kind to the Com- Mr. CANNON. As I understand the controversy the gentleman mittee on Reform in the Civil Service; but in view of that fact I wish refers to, it was a controversy between the Senate and the President as further to say that an adverse report on this resolution was not at all to whether the President should profess to do one thing to please his unexpected by me.· , .. . -: '• .. , :.. Mngwump admirers and then turn around and do another thing secretly, Let us examine this report. The committee tell us · that they are in the teeth of his profession, to try to please gentlemen like my friend willing to accept the statement of the Secretary to the effect that these ·from Kentucky. appointees are sick. Granting that tQ.is most wonderfully credulous :M:r. TAULBEE. Are you in good health? [Laughter.] I cer- committee is right in its opinion on that point, I still claim that the tainly think there must be something the matter with the gentleman. Secretary's report discloses an abuse . . Some of these appointees have I thought he arose to answer a question. _ been off of duty since May, 1885. During this time the Government Mr. CANNON. Possibly. . I will let the Honse and the country de- has accepted th~ services of the substitutes and has paid them therefor termine whether the gentleman from Kentucky is sick or myself. . a price sufficien~ to satisfy the substitutes; for instance, Joseph M. Mr. TAULBEE. I am willing. Now, Mr. Speaker, I hope I will be Rickey receives $1,000 for his services. permitted to proceed. ... Now, if he had been legally appointed that would look like square The SPEAKER. The gentleman is not subject to interruption ex-- business; but will some one of the committee tell me by what author- capt by his own consent. ity the Secretary of the Treasury pays to Zabina Ellis the sum of $800 Mr. TAULBEE. I was, when these interruptions began, undertak- per annum? Whose money is it, and by what authority is it paid out? - ing to say that the objections to which I had alluded would illustrate This resolution calls for that information. If the committee justify the many features in the civil-service law which I consider highly tlris h·ansaction on the·ground of sickness, I denouncethewhole trans objectionable. But I say, Mr. Speaker, that inasmuch as we have that action as a fraud. All Christian people and philanthropists delight to law on the ·statute-book and are committed to its faithful execution, it ing of the virtues of benevolence and charity-, but when any one pos- is right and proper that this House should call the .attention o( the ing before the country as a model of· charity puts his hand into the heads of these Departments to any abt1Se'known to exist; and if they Treasury of the people and takes therefrom the alms which he distrib~ indulge, wink at, or tolerate these abuses, we have aright as represent- utes the mantle of his hyp~isy becomes transparent as ether, and his atives of the people to know by what authority it is done. ludicrous deformities are read of all men when the truth is known. I do not wish, Mr. Speaker, to be understood as making an assault The fact is, Mr. Speaker, that our present civil-service law is modeled upon the President of the United States or the Secretary of the Treas- after the civil-service law of Great. Britain, and the theory of life tenure ury, because I know that they have enough to contend with in their in office which it attempts to put into effect is obnoxious and contrary controversy with the Senate. But I say that these abuses ought to be to every principle of our democratic form of government. The beauty corrected. I do not propose to shut my eyes to the violation of law for of our form of government is that all men stand equal before the law, the purpose of being considered an advocate of any particular policy and-a man's promotion in both official and social position depends on or doctrine. My country and my honor stand above my party, and his worth and merit, and not on the circumstance surrounding his birth. the Democratic party, with its doctrines and platforms and practices, When these privileges are destmyed and class distinctions established stands fa1· above the Republican party in my estimation. either by ln.w or cnston violence is done to our free institutions, and a But, lt.fl·_ Speaker, I say if my party does wrong, or if abuses grow up deadly blow is dealt to one of the pillau; of strength on which rest.s the under a Democratic administration, when I have the right and the superstructure of our Republic. power I will call attention to it, will insist upon their correction, and This law attempts to create a class distinction and fasten on u.s a sys will use such means as the law affords to bring about fair play in the tern of life tenure of office. This system 'of substitution, which in a appointments to positions in the Departments. I know that many certain sense has the sanction of that committee from which of all others Democrats are dissatisfied with the tardiness with which the Republic- the country has greater right to expect diligence in measures of re an.s are turned out of office, and it is unfortunate for my district es- form, goes evefi. further in that direction than the law; it ingmfts into pecially. When the Democratic a4miuistration came into power there our American system, the English ide:\ of hereditary privileges. The • we1·e only three Democrats from that district in the public service. report ofthe Secretary indicates, and the facts as r ·know them to exist One of them, with a record far better than Republicans in the same present a state of case like this: Parents enjoy the public offices until bureau, with longer experience in the service and better qualifications, they are too old to preform the duties and functions thereof, and they 1886. CONGRESSIONAL RECORD-HOUSE. 4051 then tum them over to their children under the guise· of substitutes un til they al'eeithereducatedin their duties until they can acquire them in their own right on the score of proficiency or until their recognition in the position is ofsuch long standing that the memory of man runneth not thereon and they are recognized in their .own right, or as has been the States and Territories. case in the Treasury during the last year and the years preceding ap pointments of special favoiites are made outright to positions within the classified civil service without regard to any examination under civil service law. ------·------1------I am not surprised to see gentlemen on the other side of this Cham South Carolina...... 20 12 11.18 ber interpose their objection to this investigation. These principals Tennessee ...... _ ...... 31 18 17.33 are their party friends, but I do feel a surprise at any gentleman on Texas...... 32 17 17.89 Utah ...... ~...... 3 1.68 this side of the House who from any consideration should oppose the Vermont...... 7 4 3. 91 resolution even though a correction of this abuse should result in drop Virginia...... 30 20 16. T1 ping a substitute in whom they feel an interest, however great. Washington ...... ;...... 3 1 1.12 This system of abuses of public power and trust is only one of the ~~~ii;~~~~::::::::::::::::::::::::::·.::::::::::::·.::::::~:::::::::::::::: ~~ 1g 1~:~ many obnoxious practices now being carried on in the public service, Wyoming...... 1 . 55 handed down to the Democratic party as skeletons of fraud and theft by the Republican party, and which shall in due time receive their Total ...... : ...... :··· ...... ==1-;;;)/ 563.4.9 share of attention unless this House closes its eyes to these glaring out rages and refuses to be informed in relation thereto, in which event I l!lr. FINDLAY rose. must content myself with calling the attention of your constituents to Mr. GROSVENOR. Mr. Speaker, I rise to a pa.rliamentary inquiry. the facts and have you go on record in relation thereto and then leave The SPEAKER. The gentleman will state it. to you the task of explaining to them the reason for your action. Mr. GROSVENOR. I want to know if it is proper for the Republic I now send to the Clerk's desk to be printed with my remarks an ans to withdraw while this little family affair is being discussed on the extract from the report of the Civil Service Commission, and submit other side of the House? [Laughter.] • the whole matter to this House and the country: The SPEAKER. The gentleman from Maryland [Mr. FINDLAY] TABLE No. 5.-APPORTIO~"ME!\T. is recognized. (1) The civil·serviceact requires anapportionmentof appointments to theDe Mr. TAULBEE. :Mr. Speaker, I wish to say that so far as I am con partmentsatWashington {which shall be made after its passage), to be made on cerned the gentleman from Ohio [Mr. GROSVENOR] can be excused. the basis of population in the States, Territories, and the District of Columbia, t·es~ti>ely. Mr. FINDLAY. Mr. Speaker, I shall spare the gentleman from (2) The proper apportionment of 1,000such prospective appointments is shown Ohio [Mr. GROSVENO.Jl.] any infliction so far as any discussion of family in the left-hand column of figures below, dechual parts not being regarded. affairs by me is concerned, andshallconfinewhat I have tosaytowhat The second column shows the number actually apportioned to and appointed from each State and Territory out of the 518 appointments covered by this table I consider to be the matter before the House. That is the report made which extends to January 16,1886. (See rule 16, clause 2.) by the Committee on Reform in the Civil Service and the resolution of {3) The third column of figures shows the precise percentage of these 559 ap the gentleman from Kentucky [Mr. TAULBEE], from the further con pointments which each State and Territory was entitled to receive up to the date last Dllmed. The differences in the last two columns therefore show the sideration of which the committee asks to be discharged. variation f1·om an e1.act apportionment. Tbe acting Secretary of the Treasury, Mr. Fairchild, under date of The excess of appointments from the District of Columbia, Virginia, and Mary April 5, 1886, in response to a resolution addl'essed to him by this land was unavoidable in the early stages of the work of-the commission, and arose mainly from the difficulty of providing persons having the technical House covering the ground of the inquiry made by the genUemanfrom knowledge needed in places for wh1ch special examinations are held. The Kentuck--y, has made a report. In that report .it is stated that while commission has provided for examinations intended to prevent this excess in there are in the employ of the Treasury Department certain persons the future. {4) The-whole number of appointments apportioned prior to January 16, 1886, acting as substitutes in place of absent principals, yet those substi was in fact 716, but the commission has 'had no control over the apportionment tutesjn every case, as I rea.d the report, are there under a temporary oC157 of them, which were to t.he Pension Office. The apportionment of these appointment, drawing notasa1ary from the United States, but drawing 157 places was made under special rules Nos. 1 a.ad 4. The apportionment of the 68 appointments, made by the appointing power during the year ending Janu a portion of the salary from the principal himself. They' are in the ary 16,1886, appears in ~able No. 6. shoes of the principal simply because the principal is not able to per form the duties of his place; in other words, the principal is sick. . Now although the inquiry addressed to the Secretary of the Treasury • covered, it is due to frankness to state, a L:1.rger ground than is responded to in the communication which he has sent to this House, yet. we are • ·• perforce, in the absence of any motive to question his good faith, com States and Territories. pelled to take his report as covering the whole subject-matter. Now what does he say? In reply therelo .I would say that when employes of this Department are obliged to be absent on account of sickness, it has been customary to allow sub stitutes to act in their places if additional clerical force is required during their --13- ~ ~ absence for the proper transaction of public business. .Alabama ...... 25 Arizona ...... 1 1 .56 I understand this communication to mean that wherever and when Arkansas ...... 1G ever a vrincipalbas been permitted to leave his station and a substitute California ...... , ...... 17 1g I g:~ Colorado ...... 4 has been suffered to take his place, it has beeri on account of sic1..-ness; Connecticut ...... 12 and so the Committee on Reiorm in the Civil SeiTice &'ly .in their re Dakota ...... 3 !3... 1 port tbat, finding no good reason to question the good faith of the Sec Delaware...... 3 1.68~:ll District of Columpia ...... 4 23 2.2-! retary in making this report, and accepting that reason-namely, Florida...... 5 3 2.79 sickness-as a valid one for the substitution, they ask to be discharged Georgia...... 31 17 17.33 from any further consideration of the matter. Further than that they Idaho ...... 1 Dlinois ...... G2 34:~ do not go. Indiana...... : ...... 40 sl20 j 22.36 Mr. OATES. I would like to ask my friend a question. Indian Territory ...... 1 1 .56 Mr. FINDLAY. Certl.inly. Iowa...... 32 Kansas ...... 20 ig ' n:~~ Mr. O.!.TES. I understand the gentleman to say that the practice 33 17 1 18.45 is to allow any employe of the Department when sick to furnish his f;~i~~r.:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~::::::: 19 11 10. 62 own substitute. :M:aine ...... 13 8 7.27 J',!aryland ...... :. 19 14 10.62 Mr. FThTDLAY. No, sir; nor does the acting Secretary say so. The J'l.Iassachusetts ...... 36 20 . 20.12 acting Secretary is speaking in reference to a list of persons whose J'l.1ichigan ...... 33 17 18. 45 names are furnished here in obedience to the call contained in the res 16 8 8. 94 ~R~~i~t;i:::::::::::::::::::::::::::::::::.::::::::::::::·::.:::::::::::::::::: 23 12 12.86 olution offered by the gentleman from Kentucky-the names of prin J'l.iissouri ...... 43 22 24.04. cipals and substitutes, with their post-offices. I understand that the Montana...... • 1 1 .56 statement is confined to this matter and embraces no other. In other Nebraska ...... 8 5 5.03 Nevada ...... 1 1 .56 words, there was a specific inquiry addl'essed to the Secretary of the New Hampshire ...... 7 4 3.91 Treasury and answered by the acting Secretary, whether there were or Ne'v Jersey ...... 23 13 12.85 were not such an(! such persons who were called principals whose ·New 1\lexico ...... , ...... 2 1 1.12 New York ...... -...... 102 52 57. 02 places were filled by substitutes, and in answer to that be says specif North Carolina ...... 28 . 14 J.5.65 ically, "Yes, there are such and such persons, and here aretheirnames; Ohio ...... : ...... 6i 31 35.78 here are the salaries which one class receives and the compensation Oregon ...... 3 2 1.68 Pennsylvania ...... 86 46 48.07 which the other receives." Rhode Island ...... 6 3 3.35 Mr. OATES. The point on which I desired information was whether 4052 CONGRESSIONAL RECORD-HOUSE. MAY l the head of the Department or any other officer of the Department se ment that the substitute shall .not receive the whole pay, but only a lected the substitute, or whether the sick employe furnished his own part of-it, when he is rend~rillg tb~ service? substitute. 1\{r. FINDLAY. The report made by the acting Secretary of the Mr. FINDLAY. On the contrary, the Secretary of the Treasury sn.ys Treasury, EO far as I have looked into it, does not cover that point. It that the substitutes are designated by the bead of the Department.: simply ·gives the salary which is allowed the principal and then the The designation of such substitutes is made by the direction of this Depart compensation allowed the substitute, thus showing the difference be ment, and the substitutes so designated are compensated out of the regular sal tween the salary in the one case and the compensation in the other. If aries of the persons whom they 1·epresent. They perform such duties as may my friend from Alabama will look at page. 3196 of the RECORD be will be required of them from time to time in the burea u or di\"ision to which they are attached. find a list of these names, from which he will get the information he desires. I will give him ::1o single instance. I take the first name on M:r. OATES. Another question. Is it a regulation of the D3part- the list. Compensa- ·1 Salary of reg- Name of substitute. Home post-office. ~~a~~::.s- tion of sub- u I a r em- Name• of ~gular· . emplo;e· I Home post-office. I pomtment.Da.te of ap- 1 stitute. ploye. I I - .Allen, Mrs. n. E ··················/ District of Columbia. . j_M_a_r__ -22-,-1886--l- ----$840 00- 1 • Sl, In that case the substitute gets all the salary except $1GO. 1\fr. ROGERS. If it becomes a law. Mr. McADOO. What becomes of the balance? :Mr. FINDLAY. Sufficient unto the day is the blessing thereof. Mr. FINDLAY. The balance goes to the principaJ. 1\Ir. McMILLIN. Will the gentleman permit me to ask him a ques- Mr. ROGERS. IfI may be permitted, I -would like to inquire, in the tion? first place, who arranges the matter of salary between the substitute and Mr. FINDLAY. One question at a time. the principal? · .. Mr. McMILLIN. I understood tl.J.e gentleman to have answered the M.k'. FINDLAY. I suppose very likely the substitute and the prin question put to him, but I do not wish to interrupt him without his cipal make the arrangement, with the approval, of course, of the he'ld of consent. the Department. Mr. FINDLAY. You break me all up by asking one question be Jl{r. ROGERS. I am asking for the faet, not a supposition. I want fore I have answered another. · to know whether that is in proof.or not. • Mr. McMILLIN. I beg pardon. I do not wish to interrupt the Mr. FINDLA. Y. The gentleman is asking as to a question of fact to gentleman without his consent. . which I can not respond because it is not embraced in the report, and I 1\!r. FINDLAY. You have done it, and now I will answer your have no information on the subject. question. , Mr. ROGERS. Another point. I would like to know how long this Mr. 1\IcMILLIN. What I want to ask the gentleman from Marvland relation between the principal and the substitute is allowed to sub- i this: _Whether any new law is•necessary to correct this abusef sist? - 1\-Ir. ROGERS. Not at all. · Mr. FINDLAY. I am not nmning the Department. Mr. McMILLIN. So I understand that this has been a practice, Mr. ROGERS. I am aware of that, of course; but my question is, one.of the serious abuses which have gone on for years in the Departments bow long is this relation allowed to subsist between the principal and of this Government, that it is not any new thing in this administration, the substitute with the consent of the Department? that it is an inheritance from another party, and that no new law is Mr. TAULBEE rose. . necessary for its correction. What is necessary, however, is that the Mr. FINDLAY. I do not know whether my brother TAT LTIEE is go law shall be rigidly enforced, that the provision requiring the allowance ing to answer that question or I am. of only a certain number of days for sick-leave shall be strictly executed J!b. ROGERS. I would rather have you answer it. and the practice which is now complained of shall be as far as possible Mr. HEWITT. I would like to ask the page upon which I caii find broken up and eradicated. that record. Mr. FINDLAY. I will not go into the question of inheritance and Mr. FINDLA. Y. Permit me to answer the gentleman from Arkansas, patrimony from previous administrations. I was forcibly reminded of and then I will answer the gentleman from New York as far as I can. the foolishness of that sort of discussion by something that transpired I MY upon the face of this report, made by the acting Secretary of the in the Committee on Banking and Currency th~ other day, where a Treasury, nothing appears to show bow long the substitute is permitted gentleman1 protesting he was not a crank, when one of the committee to act in place of the principal, whether it is for a definite or an indefi suggested to him a question. in regard to the truth of a ma~ter, said nite pe'riod, so far as the report is concerned, but the acting Secretary be did not come there to discuss any side issues [laughter], that be of the Treasury does say this substitution is by reason of sickness, and would not discuss the question of truth. Nor do I ·mean to discuss the ns sickness itself is of a definite or indefinite kind-can not be meas question of inheritance or patrimony. I was bred a lawyer, and I hope ured; you do not know whether it will last for a week or a month; I knew enough of my profession to stick to the issue. The question I some cases may last for six months, and even longer-I take it the sub understood the gentleman from ..A.rk(\Dsas to ask was whether or not stitution in place of the principal would last just as long as the sickness the committee_which made this report were willing t~ allow substitutes lasted. to be indefinitely employed in place of principals in the Departments, Mr. ROGERS. Having obtained that much, and as it is all I can get and whether they were willing to come into the House aad give that on that point, I wish to put this further question to the ge~tleman from measure their sanction. Maryland. Is it the present proposition to report a resolution back to W eU, speaking for myself, not for the committee for I h:we no au the Honse, the purport and effect of which is to indorse and recognize tbority to speak for the committee, although I think I might do so the principle, namely, that with the permission of the Secretary of the possibly in this case, knowing as I do the sentiment of the committee Treasury, a regular appointee in the Government service shall have but speaking for myself simply, I reply to him no, unquestionably no the right to appoint a substitute who shall remain for an indefinite But at the same time I wish to say that there are exceptional cases con period, covering a decade if necessary, to draw only a portion of the tinuallyarising, cases of peculiar hardship, cases that will not bear the salary attached to the position, while the principal shall receive the dif closest scrutiny and investigation, cases that from the very force and ference between what is paid to the substitute and the salary attached stress of circumstances must be put up with and must be considered in to the position which is affected by this arrangement? dependently, each upon its own merits, which cases if they came before Mr. FINDLAY. It seems to me, Mr. Speaker, that the gentleman me ·and I was at the bead of the Treasury Department I am afraid I from Arkansas has not fairly stated the question or the answer which would do precisely as has been done already by every Secretary of the I gave to it. Treasury w bo has been there heretofore, because I believe they know J!Ir. COX. Permit me to make a statement. and feel as I would feel under like circumstances. Mr. FINDLA.Y. Certainly; although in the multiplicity of these Mr. ROGERS. Let me ask the gentleman another question. lfthe questions I am compelled to yield to one before I have answered the gentleman from Maryland answers my first question as I understand other. him to answer it-in the negative-then why may we not have from Mr. COX. The bill now before the House, from the Committee on the Secretary of the Treasury his authority for doing that which the Reform in the Civil Service proposes to remove that very thing. Committee on the ·civil Service sa-y is done, but which they do not in Mr. FINDLAY. That is not the question; that does not answer dorse? the question. Mr. FINDLAY. The Sec!etary of the Treasury gives us as his au J!Ir. ROGERS. Let me answer just as it is. That bill is not in this tbority for this practice, as shown in his report, that it bas been custom resolution, and has no reference to the question as to bow I am going ary heretofore to do it. · · to vote on this resolution. - 1t1r. ROGERS. Mr. Speaker, Iknowofnocustom thatwillanthorize Mr. FINDLAY. My friend from North Carolina [Mr. Cox] has re any officer of this Government to violate the law. The trouble in this ported a resolution from the Committee on Reform in the Civil Service country to-day is a want of reverence for the law; and if this principle which will answer the question as to·tbe appointment of substitutes. may be recognized by the bead .of one of these Departm_ents, I know of 1886. CONGRESSIONAL RECORD-HOUSE. 4053 no reason why it may not be extended to every office under his control; question in which t}le mere anceps syallabarttm delights. It is not a and thus the Government J?epartments are run by substitutes and not question of verbiage; but it is a question of a principle of law involved by the principals, and by custom instead of law. in the case. And the proposition of law is this: that the office is held Mr.FINDLAY. There are two thousand one hundred and forty em- by the principal, and as long as the principal holds the office the sub- . ploy~ in the Treasury Department, I think. There are just thirty-two stitute can in no sense be said to be the office-holder. Now the office substitutes employed in the places of absent principals, absent on ac- holder is certified up by the Civil Service Commission to fill a vacancy. count of sickness, as reported by the Secretary of the Treasury. . There is no vacancy here by reason of the fact that the principal holds Mr. ROGERS. Will not my friend from Maryland then answer the office. Therefore there is no occasion for the certification by the whether or not in that event there are not just thirty-two violations of Civil Service Commission. the law? Mr. REAGAN. Will the gentleman yield to me for a question? Mr. FINDLAY. No, sir. Mr. FINDLAY. With pleasure. Mr. ROGERS. Then if he says no, the Secretary of the.Treasury · Mr. REAGAN. Iwishtoinquireofthege:ptlemanwhetherit istrue, ought, or the gentleman himself ought, to be able to give the law upon as has been reported and as circulated through the country, that there which his answer is based. are persons ·holding appointments in the Treasury Department who at- Mr. FINDLAY. I know of no positive law upon the statute-books tend to other business in the city, and who send substitutes and draw which is violated by these appointments. If the gentleman from Ar- the principal part of the pay? k..'\nS..'l!S asks me whether or not there is a positive law upon the statute- Mr. FINDLAY. 1 have no information as tothat,-and am not aware books authorizing this to be done, I answer him no, for I know of no· that that is the fact. The committee has no information on that sub suoh law; but as far as.the existence of a-positive law which prohibits ject. I certainly have none myself. And I wish to say right here that that being done is concerned, I would like the gentleman from Arkansas I do not wish to be understood as justifying, and do not mean to be to pomt me to such law. dragged by any process into a justification of, the general system of sub- Mr. ROGERS. Mr. Speaker, in the Federal Government the iden- stitution in the place of the principal holding the office. Nobody shall tical principle that my friend from Maryland suggests is so perverted put me in that posi~ion, for it is a false one; and the system is in vio as to be made the vice and evil of our times. Instead of looking to lation not so much of the letter of the civil-service law, as it is in vi the Constitution for authority to do a thing, we examine the Constitu- olation of the spirit of civil-service reform, which stands higher than the tion to see whether it prohibits it or not. It is no part of my business law. It is the letter of the law which killeth; it is the spirit which to tell the gentleman whether there is a law prohibiting a. thing or not, maketh alive. I do not care so much for the letter of the law; I want but it is the duty of the head of any Executive Department, or of any to see the spirit of the law observed: . other officer of the Government when he is called upon to give his au- I would like to see the administration of this great Government tbority for doing a thing, to point to the law under which he acta. through all its offices put upon the highest possible plane. I would Without such authority the power doE'{! not-exist. like to see every rogue scourged out of its high places, whoever he may Mr. TAULBEE. Will the gentleman from Maryland allow mete be. I would like to see the administration to-day put its strong feet answer the question of the gentleman from Arkansas? , upon the necks of such men, instead of elevating some of them to high Mr. FINDLAY. If the gentleman from Arkansas has not already places. sufficiently answered his own question, of course "the gentleman from Now, Mr. Speaker, it seems to me that this discussion has already Maryland" subinita to the gentleman from Kentucky to answer it, so taken a very wide range. I do not see what particular good is to be far as he is concerned. accomplished by it. The gentleman from Arkansas [Mr. RoGERS] is Mr. TAULBEE. The answer to- the gentleman from Arkansas is quite right in what he ;;ays about the Constitution and about the lim that it is now within the power of the Ci vii-Service Commissioners to ited powers of the Congress.of the United States under the Constitution. put a stop to the abuse. The law provides that no appointments of He is quite right when he says that the executive power particularly these substitutes shall be had -except on certifications by the.United ought to be governed by such limitations. I am not here to dispute States Civil-Service Commission. That would answer the gentleman's that; but I do undertake to say that if that small list of exceptions objecijon if it was carried out in good faith. were scrutinized carefully it would be found there were cases of peculiar Mr. FARQUHAR. I think the gentleman is mistaken in that. hardship that could not be exactly justified by a strict adherence to the Mr. FINDLAY. Yes. There! think my brother TAULBEE fell into letter of the law-! can not say the letter of the law, because there is no a serious error, a much more dangerous one indeed \han the gentleman law on the subject; there is no positive enactment on the subject-but from Arkansas, whose responsibility he was taking upon his shoulders. might not be strictly justified on the ground mi which he has put it, that The civil-service law to which .the gentleman refers, and I think I have there must be some law in order to justify it. I say if that list were got him there, makes no such provision. closely scrntinized there might be found many cases of peculiar hard- Mr. FARQUHAR. None whatever. ship. And when the acting Secretary of the .Treasury finds _!.hat has Mr. FINDLAY. On the contrary, the Civil Service Commission can been acustom.recognized by all his predecessors; that he has been aim- only certify up for the purpose of filling vacancies. ply following in the line of those who have gone before him for the pur- Mr. FARQUHAR. That is it precisely. pose of relieving some case of destitution and distress, some father, for Mr. FINDLAY. There are no vacancies created when this principle instance, who is sick and whose son may take his place; some sister, of substitution is involved, for the substitute simply receives the pay who may be sick and whose brother may take her place; where the and performs the work while the principal actually remains in office. United States is not subjected to one cent of extra expense, the salary The office is not vacant; the substitute is not appointed to fill the prin- remaining the same as fixed by law, the work being done by the sub-• pal's place which has been rendered vacant, but he is simply doing the stitute just as well as it is done by the principal, and the principal pay work of the principal for the time being, and the principal himself ing the substitute for the work-! say it can no.t be defended on strict compensates the substitute. It is not the United States compensating principles and I am not here so to defend it, nor do the committee so him; it is the principal who is paying the substit.ute out of his salary. intend in theb: 1·eport; but limiting the case strictly to the case of sick- Mr. TAULBEE. Will the gentleman allow me? ness, accepting tl!e report of the acting Secretary of the Treasury as Mr. FINDLAY. Now, Ididnotthinkthe Constit11tionofthe United true that these cases of substitution have been caused by sickness of States was to be dragged into this question, and that the question of the principals, upon that ground, and that ground alone, we simply say strict limitation of Federal authority was also to be dragged into the we will investigate the matter no further and ask to be discharged from discussion. it'3 further consideration. Mr. TAULBEE. Will the gentleman alJow me? Mr. BLOUNT. Will the gentleman yield to me for a question? Mr. FINDLAY. What is your question? Mr. FINDLAY. Certainly. Mr. TAULBEE. I simply wish to make a statement. Mr. BLOUNT. I desire to ask the gentleman if there has be.en any Mr. FINDLAY. Very well. opinion from the Attorney-General to the effect that the employes are Mr. TAULBEE. ThegentlemanfromMarylandhastakenissue with entitled to their salaries during their sickness? my statement which I gave in answer to his question. . If I understood 1\fr. FINDLAY. I have beard that there was such an opinion. I his question it ~as whether or not there was any law that prohibited have not examined it, but I s9.ould certainly think it was good law. these practices. l\fr. BLOUNT. If that were true, then the employment of substi- Mr. FINDLAY. That is correct. tutes would appear to be rather a matter of economy to the Govern- Mr. TAULBEE. Mystatement:wasthat I read the lawfrom there- ment? port of the Civil Service Commission as incorporated in the civil-service 1\fr. FINDLAY. I should say that that would be good law. The act, providing that no appointment to these positions could be bad ex- employe is in the place; until he is turned out he remains there, and c~pt on examination by the Civil Service Commission. The _gentleman as long as he remains in the office he is entitled to all the emoluments in. response to that takes the position that these persons are not ap· connected witn it. · pointed, but that they are designated; that they are not paid by the I move to lay the resolution of the gentleman from Kentucky (Mr. - Government, but by the principal appointees, if I understood him cor- TAUJ..BEE] on the table. . rectly. Now, if he proposes to draw the distinction between appoint- The SPEAKER. The resolution is reported back by the committee. ment to position and designation to the position, then I confess myself Mr. TAULBEE. I hope the gentleman will withdraw th~;tt motion. unable to answer his question. · !rlr. FINDLAY. Oh, I think this discussion has gone far enough. I Mr. FINDLAY. It is not a mere question of words. It is not a 1 will not withdraw the motion. [Cries of" Vote!" "Vote!"] • 4054 CONGRESSIONAL RECORD-HOUSE. MAY 1, Mr. TAULBEE. Mr. Speaker- • Glover, Jones, J. H. Norwood. Stone, W. J., Ky., Goff, _ King, O'Neill,J.J. Symes, The SPEAKER. For what purpose does the gentleman rise? Grosvenor, Kleiner, Perry, Taulbee, Ur. TAULBEE. I rise to be heard. Grqut, Laffoon, Peters, Taylor; Zach. The SPEAKER. The motion is not debatable. Guenther, La FolJette, Price, Thomas,O.B. Halsell, Lanham, Reagan, '.fillman Ur. TAULBEE. I hope the gentleman will not insist upon his mo Harris, Lovering, Richru:dson, Wadsw~rth, tion. I hope he will withdraw it. Hateh, Lyman, Riggs, Ward,T.B. :1\Ir. FINDLAY. ?tir. Speaker, I would be pleased to gratify my Haynes, Matson, Rocl..--well, Weaver,A.J. Heard, McComas, Rogers, Wheeler, friend from Kentucky under other circumstances, but I think enough Henderson, D. B. :McOreary, Sadler, 'Vhite, A. C. time has been consumed in this discussion. Henderson, :J. S. 1\Icl\llllin, Sayers, Wilkins, Mr. TAULBEE. I wish simply to say this: the gentleman has the Henderson, T. J. McRae, Seney, Willis, Hepburn, ~iill:r, Seymour, Winans, power; I question his right. Herman, . Singleton, Wise Mr. FINDLAY. I shall insist upon my motion, lli. Speaker. Hitt, 1\Ioff~t, Smalls, Wolford, The SPEAKER. The gentleman from Maryland [Mr. FINDLAY] Holmes, - Morgan, Sowden, Worthington. Howard, 1\Iorrill, Stephenson, moves to lay the resolution on the table. Hudd, Neal, Stewart, Charles l\1r. BRECKINRIDGE, of Arkansas. :Mr. Speaker, I ask to hn.ve Irion, Neece, St.l\Iartin, the question again stated definitely. NOT VOTING-96. The SPEAKER. The resolution is a resoluiiion of inquiry introduced Adams, J. J. Dorsey, Lore, Reed, T.B. by the gentleman from Kentucky [1\Ir. TAULBEE] and addressed to the Aiken, Dowdney, Lowry, Reid,J.W. Secretary of the Trea.sury. It was referred to the Select Committee on Barksdale, Dunha-m, Mahoney, Robertson, Bennett, Eden, M:arkhrun, Ryan, Reform in the Civil Service; it is now reported back adversely, and the Bingham, Fisher, Martin, Scott, motion of the gentleman from 11Iaryland is to lay it on the table. Bliss, Foran, 1\Iaybury, Scrnnton, 1\Ir. BLANCHARD._ Mr. Speaker, Ia.skthatthe resolution beread. Browne, T. M. Gibson, C. H. 1\IcKenn , Sessions, B1·umm, Gibson, Eustace 1\IcKinley, Stahlnecker, The SPEAKER. Ifthere be no objection the resolution will be again Buchanan Gilfillan, 1\Iitchell, Steele, read. Bunnell, Green, W. J. Morrow, St-ewart, J. W. There was no objection. Burnes, Hanback, Muller, Storm, CabelJ, Harmer, Murphy, Swinburne, Mr. ROGERS. I hope the original resolution and the report of the Campbell, Felix HeiJ.ley, Negley, Ta1-sney, committee both will be read. . , Ouswell, Herbert, O'Donnell, Taylor, J. M. The SPEAKER. The Chair has directed the resolution to be read. Cole, Hires, 0' Ferrall, Thomas, J. &. Comstock, Houk, O'Neill, Charles TbJ:ock:morton Mr. ROGERS. I ask that the report be read also. _ Crain, Jackson, Osborne, Tucker, ,. 111r. SPRINGER. I object to the reading of the report. Croxton, James, Outhwaite, Viele, The SPEAKER. Both the resolution and the report have been read Culberson, Johnston,~. D. Parke:r, Wakefi.eld, Ourtin, Ketcham, Payson, Warner,A.J. to the House. Is there objection to the reading of the "Tesolntion at Daniel, Laird, Pettibone, Wellborn, this time? · Da\enport, Lawler, Pidcock, West, l\Ir. SPRINGER. No. na.-.ddson, A. C. LeFevre, Plumb, While, Milo. The resolution was again read. ' Dingley, Libbey, P~z:er, Woodburn. MI-. BRECKINRIDGE, of Arkansa.s. Is that the resolution of. the So- the motion o-f Mr. ~INDLAY to lay the resolution on the table gentleman from Kentucky [Mr. TAULBEE]? was agreed to. The SPEAKER. It is a resolution introduced by the gentleman Mr. CAMPBELL, of Pennsylvania. I am paired generallywith the from Kentucky [Mr. TAULBEE], referred to the Select Committee on gentleman from Virginja [Mr. CABELL]; but undeTStanding that he Reform in the Civil Servic~, and reported back to the House adversely would vote "no " on this question, I have felt at liberty to vote" no." by that committee. The following-named members were announced as paired until fur- 111r. BRECKINRIDGE, of Arkansas. And the proposition now is ther notice: to lay it on the table ? 1\Ir. CABELL with Mr. CAMPBELL, of Pennsylvania. The SPEAKER. The gentleman from Maryland [1\Ir. FnroLAY] 1\Ir. DAVIDSON, of Alabama, with 1\1r. SWINBURNE. now moves to lay the resolution 011 the table. Mr. GREENt of North Carolina, with ~1r. WEST. The question was taken; and the Speaker declared that ~he ayes Mr. CROXTON with Mr. DoRSEY. seemed to have it. 1t1r~ Bn-."TNETT with lli. O'DoNNELL. l\fr. TAULBEE. I ask for a division. J\.1r. CoLE with Mr. THOl\IAS, of Illinois. · The Honse divided; and there were-ayes 82, noes 73. :Mr. BURNES with Mr. BUCHANAN. Mr. TAULBEE. No quorum has voted. I demand the yeas and Mr. OUTHWAITE with Mr. PARKER. nays. 1\Ir. THROCIDIORTO:N" with 1\!r. JACKSON". Mr. RANDALL. There is no objection to the yeas and nays. lli. ?!IAx~URY with ?!U. RYAN. The yeas and nays were ordered; and there were-yeas _114, nays Mr. BRO.WNE, of Indiana, with Mr. FISHER. 113, not voting 96; as follows: Mr. CURTIN with l\1r. NEGLEY. YEAS-ill. 11-Ir. CRAIN with 1\1r. STEWART, of Vermont. Mr. ADAMS, of New York, with lli. MARKH.Al\I. Allen, C. H. Dibble, Kelley, Shaw, Barbour, Dockery, Landes, Skinner, The following-named membeTI? were announced as paired for this day: Barnes, Dunn, Lehlbach, Snyder, Jtlr. FoRAN with Mr. BINGHAM. Barry, Ely, Lindsley, Spooner, Mr. GIBSON, ofWest Virginia., with 1\fr. BRUl\IM. Bayne, Erm.entrout, Little, Spriggs, Bea.cll., Farquhar, Long, Springer, Mr. BLISS -with 1\fr. CASWELL. Belmont, Findlay, Louttit, Stone, E. F. l'tlr. LAWLER with l't1r. Homr. Blanchard, Fleeger, 1\IcAdoo, Stone, ,V.J.,Mo. Mr. DOWDNEY with lli. SESSIO.L~S. Bland, Forney, Merriman, Strait, Blount, Frederick, 1\lillard, Struble, l'!Ir. ScoTT with Mr. HANBACK. Bound, - Gay, ~en, Swope, Mr. JOHNSTON, of North Carolina, with M:r. DINGLEY. Boyle, Geddes, J\.forriSon, Taylor, R "B. 1\fr. O'FERRALL with Mr. GILFILLAN. · Bragg, Glass, Nelson, Taylor, I. H. Breckinridge, C. R. Green, R. S. Oates, Thompson, Mr. GIBSQN, ofl\Iaryland, with 111r. HIRES. Brown, C. E. Hale, O'Hara, Townshend, Mr. LEFEVRE with l\1r. O'NEILL, of Pennsylvania. Brown, W. W. Hall, Owen, Trigg, Mr. REID, of North Carolina, with l'tlr. OSBORNE. Buck, Hammond, Payne, Turner, Burleigh, Hayden, Peel, VanEaton, Mr. WARNER, of Ohio, with ?!fr. SCRANTON. Butterworth, Hemphill, Perkins, Van Schaick, 1\1r. STORM with Mr. LIBBEY. Campbell, T. J. Hew1tt, Phelps, Wade, Mr. MULLER with Mr. PETIIBONE. C:ltchings, Hiestand, Pindar, Wait, Clements, Hill, Pirce, Ward,J.H. Mr. HElmERTwith Mr. JAMEl3. Cobb, Hiscock, RandalJ, Warner, 'Villiam Mr. CULBERSOX with 1\1r. HARMER. Compton, Holman, Ranney, Weaver,J.B. ~Ir. PIDCOCK with 1\fr. EvANS. Conger, Hopkins, Reese, Weber, Coo.per, Hutton, Rice, 'Vhiting, The following were announced as paired on this vote: Cox:, Johnson,F.A. Romeis, Wilson. 1\lr. LOWRY with Mr. W AKEFIEI.D. Dargan, Johnston,J.T. Rowell, Mr. ROBERTSOX with 1\Ir. STEELE. Davidson, R. H.l\1. Jones J. T. Sawyer, The SPEAKER. On this question the yeas are 114, the nays- NAYS~ll3. Mr. ARNOT. I desire to change my vote from "ay" to "no." Adams, G. E. Brady, Carleton, Eldredge, lt1r. SPRINGER. It is too late. I object. Allcn,J.11L Breck.inridgc,WCP. Clardy, Ellsberry, The SPEAKER. The result has not been announced, although the Anderson, C. l\1. Burrows, Collins, Evans, Anderson, J. A. Everhai-t, Chair had commenced the announcement. The Chair thinks the gentle Arnot, ~i}d~~il, 2~~;~s, Felton, man is in time. How does the gentlema.n from New .York desire t() Atkinson, Campbell, J.l\I. Cutcheon, Ford, vote? Baker, • Campbell, J. E. Davis, Fuller, Ballentine, Candler, Dawson. Funston, Mr. ARNOT. I vote ''no.'' Boutelle, Cannon, Dougherty, Gallinger, Mr. SWOPE. I desire to change my vote from "no" to "ay." I • 1886. . CONGRESSIONAL RECORD-HOUSE. 4055 The SPEAKER. On this question the yeas are 114, the nays 113. back adve®y the bill (H. R. 5321) to regulate tOO pay of insane offi.· The resolution is laid on the table.· cers of the Army and Navy; which was laid on the table, and the ac. Several Members demanded the regular order. . companying report ordered to be printed. _ · Mr. TAULBEE. I ask unanimous consent to extend my remarks OFFICERS' FAMILIES, ETC. in the RECORD. I was taken off the floor by parliamentary motions. There being no objection, leave was granted. Mr. DARGAN, from the Committee on Military A:ffa1rs, also reported, as a substitute for the bilrH. R. 5321, a bill (H. R. 8331) to regulate ENROLLED BILLS SIGNED. the pay of the officers of the .Army and Navy who refuse or neglect to Ur. NEECE, from the Committee on Enrolled Bills, reported that provide for the support of their families; which w~ read a first and ~ec the committee had examined and follD.d truly enrolled bills of the fol· ond time, referred to the House Calendar, and, With the accompanymg lowing titles; when the Speaker signed the same: , report, or4ered to be printed. A bill (H. R. 1360) to authorize the construction of a bridge across . ADVERSE REPORT. the Mis...<;Ouri Rive·r at some accessible point within 10 miles below and ~fr. MATSON, from the Committee on Invalid Pensions, reported 5 miles above the city of Kansas City, Mo. ; back adversely the bill (H. R. 5969) granting a pension to Orrion Law· A bill (H. R. 2397) for the relief of Thomas F. Purnell; ton; which was laid on the table, and theaccompanyidgreportordered A bill (H. R. 2410) for the addition of a third story to the public to be printed. building in Dallas, Tex. ; . ANNIE KESSINGER. A bill (H. R. 2993) to authorize t~e Chicago, Free~rt and ~ain~ Paul Raih""Oad Company to construct a. bndge across the Samt CroiX R1ver at · ~fr. MATSON, from theCommitteeoninvalidPensions, also reported back favorably the bill (H. R. 504) granting ~ pension to .Annie Kes any accessible point between Prescott, Wis.~ and Taylor's Falls, A~n.; A bill (H. R. 3351) granting a pension to Mrs. H. B. Rehkopf [title singer; which was referred to the Committee of the Whole House on amended so as to read ''A bill granting a pension to Ufs. Magdalena the Private Calendar, and, with the_accompanying report, ordered to Rehkopf"]; . be printed. .A. bill (H. R. 3369) authorizing the construction of a bridge aeross the ABNER l\!OREHEAD• Missouri River at or near the city of Council Bln.ffs, Iowa, and for other Mr. MATSON, from the Committee on Invalid Pensions, also reported purposes; back favorably the bill (H. R. 3304) to restore the name of Abner More A bill (H. R. 3371) aut.horizing the construction of bridges across the head to the pension-roll; which was ~referred to the Committee of the lllinois River in the State of Illinois and Des Moines River in the State Whole House on the Private Calendar, and, with the accompanying re of Iowa; port,. ordered to be printed. A bill (H. R. 3370) authorizing the co~truction of a bridge across the l'!I.ARY H.A WKE. Mississippi River at or near Keithsburg, in the State of Illinois, and for Mr. M.A..TSON, from the Committee on Invalid Pensions, also reported other purposes; . baek with amendment the bill (H. R. 5232) for the relief of Mary A bill (H. R. 3775) to authorize the Secretary of the Treasury to pur Hawke; which was referred to the Committee of the Whole House on chase an additional strip of ground on the e..'lSt side of the United States the Private Calendar, and, with the accompanying report, ordered to court-house at Fort Wayne, Ind.; be printed. • A bill (H. R. 4569) to authorize the construction of a bridge across the ELIZABETH BARKER. Missouri River at a point to be selected either in the counties of Clay and Jackson, in the State of Missouri, or in. the county of Clay or Platte lli. MATSON, from the Committee on Invalid Pe.QSions, also reported in said State, and the county of Wyandotte, in the State of Kansas; back favorably the bill (S. 977) granting a pension to Elizabeth Barker; A bill (H. R. 5673) to authorize the construction of a railroad and which was referred to the Committee of the Whole House on the Pri wagon bridge across the Mississippi River from Winona, Minn., to the vateCalendar, and, with the accompanying report, ordered to be printed. opposite shore in WISconsin; DAVID W. HAMILTON. . A bill (H. R. 5684) to authorize the construction of a bridge over Mr. MATSON, from the Committee on Invalid Pensions, also re the Missouri River at the most accessible point between the mouth of ported back favorably the bill (S. 1290) granting a pension to David the Femme Osage Creek and a point 2 miles above the city of Saint W. Hamilton; which was referred to the Committee of the Whole House Charles, in the county of Saint Charles, in the State of Missouri; on the Private Calendar, and, with the accompanying report, ordered A bill (H. R. 5685) to authorize the construction of a bridge over to be printed. the Missouri River at the most accessible point in Saline City or within JAl\IES C. CHA~DLER. 5 miles above or 5 miles below the same, in the county of Saline, in Mr. MATSON, from the Committee on Invalid Pensions, also reported the State of Missouri; baekfavorablythe bill (S.1630) granting a pension to James C. Chandler; A bill (H. R. 6013) to authorize the construction of a bridge acro.SS which was referred to the Committee of "the Whole House on the Pri the :Missouri River at some acceSsible point within 2 miles north and vate Calendar, and, with the accompanying report, ordered to be printed. 2 miles south of the city of Atchison, in the county of Atchison, in the State of Kansas; EDWIN AYERS. A bill (H. R. 6358) to authorize the construction of a bridge across Mr. ~iATSON, from the Committee on Invalid Pensions, also reported the Yellowstone River, in Montana; and back favorably the bill (S. 363) granting a pension to Edwin Ayers; A bill (H. R. 7651) to authorize the Chicago, Milwaukee and.Saint which was referred to the Committee of the Whole House on the Pri Paul Railway Company to construct, operate, and maintain a railway vate Calendar, and, with the accompanying report, ordered to be bridge across the Missouri River near or in the Ticinity of Chamber printed. lain, in the Territory of Dakota. IS01.I WILKERSON. ORDER OF Bt;s:rnESS. Mr. MATSON, from the Committee on Invalid Pensions, also re The SPEAKER. The regular order of business is the call of com ported backfavorablythe bill(S.1438) granting a pension to Isom Wil mittees for reports for reference. kerson; which was referred to the Committee of the Wh{)le House on the Private Calendar, and, with the accompanying report, ordered to VESSEL FISHE:RIES. be printed. Mr. RE.A_GAN, from the Committee on Commerce, reported back DUDLEY B. BRANCH. favorably the bill {H. R. 8010) for securing statistics of the extent and Mr. MATSON, from the Committee on Invalid Pensions, also reported value of the vessel fisheries of the United States; which was referred bark favorably the bill (S. 857) granting a pension to Dudley B. Branch; to the House Calendar, and, with the accompanying rep.ort, ordered to be printed. which was referred to the Committee of the Whole House on the PrL vate Calendar, and, with the accompanying report, ordered to be printed. DIDE!Th"TrY TO CRISESE SUBJEC'IS. Mr. COX, from the Committee on Foreign Affairs, reported back SIMPSON S. SKIRVIN. favorably joint resolution (H. Res. 147J"providing an indemnity to cer Mr. MATSON, from the Committee on Invalid Pensions, also reported tain Chinese subjects for losses sustained within the jurisdiction of the back favorably the bill (S. 858) granting a. pension to Simpson S. Skir United States; which was referred to the Committee of the Whole vin; which was referred to the Committee of the Whole House on the House on the state of the Union, and, with the accompanying report, Private Calendar, and, with the accompanying report, ordered to be ordered to be printed. · printed. MARY AND"ERSON. CHINESE TBEATY STIPULATIOSS. Mr. WINANS, from the Committee on Invalid Pensions, reported Mr. COX, from the Committee on Foreign Affill.rs, also reported back back favorably the bill (H. R. 7436) granting a pension to Mary .An with amendment the bill (R R. 171) supplementary to and amenda- derson; which was referred to the Committee of the Whale House on tory of an act to execute celitnin tr~aty stipulations relating to Chinese, the Private Calendar, and, with the accompanying report, ordered to be approved May6, 1882, asamended by an act toamendsaidact, approved printed. July 5, 188-1; which was l'eferred to t he House Calendar, and, with the MRS. ALICE E. TRAVERS. accompanying report, ord~ ed' to be printed. Mr. WINANS, from the Committ-ee on Invalid Pensions, also reported AD '\~RSE :REPORT. back favorably the bill (H. R. 6753) granting a pension to Mrs. Alice Mr. DARGAN, from the Committee on Military Affairs, reported E. Travers; which was referred to the Committee of the Whole House 40~6 CONGRESSIONAL REOORD-HOUSE. MAY 1, on the Private Calendar, and, with the accompanying report, ordered WILLLU! WEIGHTMAN. to be printed. Mr. WINANS, from the Committe~ on Invalid Pensions, also reported JOHN H. DOWNING. back with favorable recommendation the bill (S. 612} granting a pen 1\fr. WINANS, from· the Committee on Invalid Pensions, also re sion to William Weightman; which was referred to the Committee of ported back favorably the bill (H. R. 3737) granting a pension tO J olyl the Whole House on the Private Calendar, and, with the accompany H. Downing; which was referred to the Committee of the Whole House ing report, ordered to be printed. on the Private Calendar, and, with the accompanying report, ordered to MICHAEL DALY. be printed. Mr. WINANS, from the Committee on Invalid Pensions, also reported EDWIN R. PARKS. back with favorable recommendation the bill (S. 983) granting a pen Mr. WINANS, from the Committee on Invalld Pensions, also re sion to Michael DaJyj which was referred to the Committee of the ported back with favorable-recommendation the bill (H. R. 7843) grant Whole House on the Private Calendar, and, with the accompanying ing a pension to Edwin R. Parks; which was referred to the Committee report, ordered to be printed. of the Whole Honse on the Priva.te Calendar, and, with .the accompany ing report, ordered to be printed. CORNELIA R. SCHENCK. Mr. WINANS, from the Committee on Invalid Pensions, also reported LEVI L. TONGUE. back with :fu.yorable recommendation the bill (S. 1584) for the relief of 1\fr. WINANS, from the Committee on Invalid Pensions, also reported CorneliaR. Schenck; whichwasreferred totheCommitteeofthe Whole back with amendments the bill (H. R. 7437) granting a pension to Levi House on the Private Calendar, and, with the accompanying report, L. Tongue; which was referred to the Committee of the Whole House ordered to be printed. on the Private Calendar, and, with the accompanying report, ordered to H.A.RRIET WELCH. be printed. Mr. WINANS, from the Committee on Invalid Pensions, also reported WILLIAM J. BARKER. back with favorable recommendation the bill (S. 1383) granting a pen Mr. WINANS, from the Committee on Invalid Pensions, also reported sion to Harriet Welch; which was referred to the Committee of the back with favorable recommendation the bill (H. R. 1177) granting a Whole House on the Private Calendar, and, with the accompanying re- pension to William J. Barker;- which was referred to the Committee of port, ordered to be printed. · the "Thole House on the Private Calendar, and, with the accompanying report, ordered to be printed. LYDIA 0. HUTCHINGS. Mr. WINANS, from the Committee on Invalid Pensions, also reported ELIZA.' NEWl'tiAN. back with favorable recommendation the bill (S. 1382) for the relief of 1\fr. WINANS, from the Committee on Invalid Pensions, also re Lydia 0. Hutchings; which was referred to the Committee ofthe Whole ported back with favorable recommendation the bill (H. R. 5492) grant House on the Private Calendar,_and, with the accompanying report, ing a pension to Eliza Newman; which was referred to the Committee ordered to be printed. of the Whole House on the Private Calendar, and, with the accom _ MARRILL.A. P .ARSONS. panying r~port, ordered to be printed. Mr. WINANS, from the Committee on Invalid Pensions, nJsoreported HARRIET PEAK. back with favorable recommendation the bill (S. 342) granting a pension Mr. WINANS, from the Committee on . Invalid Pensions, also re to Marrilla Parsons, of Detroit, Mich.; which was referred to the Com pOrted back with favorable recommendation the bill (H. R. 2968) grant mittee of the Whole House on the Private Calendar, and, with the ac ing a pens!on to Harriet Peak; which was referred to the Committee companying report, ordered to be printed. of the Whole House on the Private Calendar, and, with the accom- ADVERSE REPORTS. panying r~port, ordered to be p;inted. · Mr. WINANS, from the Committee on Invalid Pensions, also reported ANN SMITH. back with adverse recommendations bills of the following titles; which :Mr. WINANS, from the Committee on_Invalid Pensions, also reported were laid on the table, and the accompanying reports ordered to be back with favorable recommendation the bill (S .. 2188) granting a pen printed: sion to Ann Smith; which was referred to the Committee of the Whole A bill (H. R. 7959) granting a pension to Royal J. Hiar; and House on the Private Calendar, and, with the accompanying report, or- · A bill (S. 2190) granting a. pension to William Dobbs. dered to be printed. ANNA .A. PROBERT. REBECCA E. HASKINS. Mr. MORRILL, from the Committee on Invalid Pensions, rep01'ted_ 1\fr. WINANS, from the Committee on Invalid Pensions, also reported back with a favorable reeommendation the bill (H. R. 7703) granting back with favorable recommendation the bill (S. 2187) for the relief of a pension to Anna A. Probert; which was referred to the Committee of Rebecca E. Haskins; which was referred to the Committee of the Whole the Whole Honse on the Private Calendar, and, with the accompany House on the Private Calendar, and, with the accompanying report, or- ing report, ordered to be printed. dered_to be printed. · ROBERT B. KIRKPATRICK. - LOUIS MELCHER. Mr. MORRILL, from the Committee on Invalid Pensions, also re Mr. WINANS, from the Comniittee on Invalid Pensions, also re ported back with a favorable recommendation the bill (H. R. 7244) ported back with favorable recommendation the bill (8. 2186) granting granting a pension to Robert B. Kirkpatrick; which was referred to the a pension to Lonis Melcher; which was referred to the Committee of Committee of the Whole House on the Private Calendar, and, with the the Whole House on the Private Calendar, and, with the accompanying accompanying report, ordered to be printed. report, ordered to be printed. .ARETUS N. BUTLER. GEORGE TITUS. · Mr. WINANS, from the Committee on Invalid PenSions, also re Mr. MORRILL, from the Committee on Invalid Pensiens, also re ported back with favorable recommendation the bill (S. 2185) for the ported back with a favomble recommendation the bill (H. R. 7749) relief of George Titus; :which was referred to the Committee of the g~anting a pension to Aretus N. Butler; which was referred to the Com Whole House on the Private Calendar, and, with the accompanying re mittee of the Whole House on the Private Calendar, and, with the ac port, ordered to be printed. companying report, ordered to be printed. PATRICK .A.. CALLANAN. JACKSON STEWARD. Mr. WINANS, from the Committee on Invalid Pensions, also reported Mr. MORRILL, from the Committee on Invalid Pensions, also re back with a favorable recommendation the bill (S. 2134) granting a ported back with a favorable recommendation the bill (H. R. 7979) pension to Patrick A. Callanan; which was referred to the Committee granting· a pension to Jackson Steward; which was referred to the Com of the Whole House on the Private Calendar, and, with the accompa mittee of the Whole House on the Private Calendar, and, with the ac nying report, ordered to be printed. companying report, ordered to~ printed. JOHN . D. HAM. . PETER ADAMS. Mr. WINANS, from the Committee on Invalid Pensions, also reported Mr. MORRILL, from the Committee on Invalid Pensions, also re back with a favorable recommendation the bill (S. 1998) for the relief ported back with a favorable recommendation the_ bill (H. R. 7163) of John D. ~m; which 'Yas referred to the Committee of the Whole granting a pension to Peter Adams; which was referred to the Commit House on the Private Calendar, and, with the accompanying report, tee of the Whole House on the Private Calendar, and, with the accom ordered to be printed. · panying report, ordered to be printed. SIDNEY P. TULLAB • . IS.A..A.C FOSSETT. Mr. WINANS, from the Committee on Invalid Pensions, also reported Mr. MORRILL, from the Committee on Invalid Pensions, also re back with favorn.ble recommendation the bill (S. 483) to restore Sidney ported back with an amendment the bill (H. R. 5261) granting a pen ' p, Tullar to the pension-roll; which was referred to the Committee of sion to Isaac Fossett; which was referred to the Committee of the Whole the Whole House on the Private Calendar, and, with the accompany- House on the Private CnJendar, and, with the amendment and accom ing report, ordered to be printed. · panying report, ordered to be printed. • 1886. CONGRESSIONAL . REOORD-HOUSE. 4057 JOHN H. HUNTER. GERIAH COLLINS. Mr. MORRILL, from the Committee ori Invalid Pensions, also re Mr. MORRILL, from the Committee on Invalid Pensions, also re ported. back with a favorable recommendation the bill (H. R. 5324) ported back with a favorable recommendation the bill (S. 891) granting granting a pension to John H. Hunter; which was referred to the Com a p'ension to Geriah Collins; which was referred to the Committee of the mittee of the Whole House on the Private Calendar, and, with the ac Whole House on the Private Calendar, and, with the accompanyingre companying report, ordered to be printed. port, ordered to be printed. MRS. ARLA..NTA T. TAYLOR. STEPHEN R. SMITH. Mr. MORRILL, from the Committee on Invalid Pensions, also reported Mr.MORRILL,fromtheCommitteeonlnvalidPensions,alsoreported back with a favorable recommendation the bill (H. R. 7310) granting back with a favorable recommendation the bill (S. 1466) g_ranting an in a pension to lrfrs. .A.rlanta T. Taylor; which was referred to the Com crease of pension to Stepnen R. Smith; which was referred to the Com mittee of the Whole House on the Private Calen tee of the Whole House on the Private Calendar, 'hnd, with the accom JAMES BUTLER. _panying report, ordered to be printed. Mr. HAYNES, from the Committee on Invalid Pensions, also reported SARAH A. THD:\IA.S. back with a favorable recommendation the bill (S. 2025) granting a Mr. ELLSBERRY, frQ.m the Committee on Invalid Pensions, also re pension to James Butler; which was referred to the Committee of the ported back with a favorable recommendation the bill (8.1357) grant Whole House on the Private Calendar, and, with the accompanying re ing a pension to Sarah A. Thomas; which was referred to the Commit port, ordered to be printed. tee of the Whole House on the Private Calendar, and, with the accom MRS. LETITIA GARRARD. panying report, 'Ordered to be printed. Mr. TAULBEE, from the Committee on Invalid Pensions, reported ABEL . CO~TOCK. . back with a favorable recommendation the bill (H. R4816) granting a 1\fr. ELLSBERRY, f.rom the Committee on tnvalid Pensions, alsv re pension to 1\Irs. Letitia. Garrard; which was l'eferred to the Committee ported back with a favor;1ble recommendation the bill (S. 1016) granting of the Whole House'on the~rivateCalendar, and, with the accompany an increase of pension to Abel Comstock; which was referred to the ing report, ordered to be printed. Committee of the Whole House on the Private Calendar, and, with the CHRISTOPHER C. WHITE. accompanying report, ordered to be printed. l\Ir. TAULBEE, from the Committee on Invalid Pensions, also re .ALFRED DENNY. ported back with afavorablerecommendation the bill (H. R. 4407) grant Mr. ELLSBERRY, from the Committee on ·Invalid Pensions, also re ing a pension to Christopher C. White; whioh was referred to the Com ported backwithafavorablerecommendation the bill (S. 1192) granting mittee of the Whole House on the Private Calendar, and, with the ac- a pension to Alfred Denny; which was referred to the Committee of companying report, ordered to be printed. · the WholeHouse on the Private Calendar, and, with the accompanying 1\I:RS. ELIZABETH COLLL~S. report, ordered to be printed. · fr. O'HARA, from the Committee on Invalid Pensions, reported CLARK BOON. back with a favorable recommendation the bill (H. R. 7728) granting :Mr. CONGER, from the Committee on Invalid Pensions, reported back n. pension to Mrs. Elizabeth Collins; which was referred toth~Commit with a favorable recommendation the bill (H. R. 7931) iiicreasing the pen tee of the Whole House on the Private Calendar, and, with the accom sion of Clark Boon; which was referred to the Committee of the Whole panying report, ordered to be printed. House on the Private Calendar, and, with the accompanying report, or THOMAS B. WALSH. dered to be printed. 1\fr. O'HARA, from the CommitteeoninvalidPensions, alsoreported Ir. R. DUKE. back with a favorable recommendation the bill (H. R. 7221) granting Mr. CONGER, from theCommitteeoninvalidPensions, alsoreported a pension to Thomas B. Walsh; which was referred to the Committee back with_a favorable recommendation the bill (S. 1098) granting a pen of the Whole House on the Private Calendar, and, with the accompany· sion to H. R. Duke; which was referred to the Committee of the Whole ing report, ordered to be..printed. - . - House on the Private Calendar, and, with the accompanying report, or- FRANCES MOSHER. dered to be printed. · 1r. O'HARA, from the Committee on !Jwalid Pensions, also reported MRS. C. .A. BAILEY. back with a favorable recommendation the bill(H.·R. 7965) for there Mr. CONGER, from the Committee on Invalid Pensions, also reported lief of Frances Mosher; which was referred to the Committee of the back with a favorable recommendation the bill (S. 1830) granting a Whole House on the Private Calendar, and, with the accompanying re· pension to Mrs. C. A. Bailey; which was referred to the Commfttee of port, ordered to be printed. · the Whole House on the Private Calendar, and, with the accompanying WILLIAM P. SHELTON. report., ordered to be printed. Mr. O'HARA, from the Committee oh Invalid Pensions, also reportecl WILLIAM POWELL. back with a favorable recommendation the bill (H. R. 3851) granting a Mr. CONGER, from the Committee on Invalid Pensions, also reported pension to William P. Sheltonj which was referred to the Committee back with a favorable recommendation the bill (S. 1420) granting n. of the Whole House·on the Private Calendar, and, with the accompa pension to William Powell; which was referred to the Committee of nying report, ordered to be printed. the Whole House on the Private Calendar, and, with the accompanying JACOB NIX. report, ordered to be printed. Mr. O'HARA, from tbe Committee on Invalid Pensions, also reported, MICHAEL ROM.A.HN. as a substitute for H. R. 6096 a bill (H. R. 8334) for the relief of Jacob Mr. CONGER, from the Committee on Invalid Pensions, alsoreported Nix; which was read a first and second time, referred to the Committee back with a favorable recommendation the bill (S. 1441) granting a of the Whole House on the Private Calendar, and, with the accompany· pension to Michael Romahn; which was referred to the Committee of, ing .report, ordered to be printed. the Whole House on the f.rivate Calendar, and, with the accompanying The bill H. R. 6096 }Vas laid on the table. report, ordered to be printed. - WILLIAM S. RAY. LUCINDA S.A. WYER. 1\Ir. O'HARA., from the Committee on Invalid Pensions, also reported, Mr. HAYNES, f.rom the Committee on Invalid Pensions, reported as a substitute for H. R. -4628, a bill (H. R. 8335) granting n. pension to back with a favorable reqommendation·the bill (H. R. 8333) granting a William S. Ray; which'was read a :first and second time, referred to pension to Lucinda Sawyer; which was read a first and second time, the Committee of the Whole House on the Private Calendnr, and, referred to the Committee ou Invalid Pensions, and ordered to be with the accompanying report, ordered to be printed. printed. The bill H. R. 4628 was laid on the table. WILLIAM H. llUCK. Mr. HAYNES, from the Committee on Invalicl Pensions, also re ADVERSE REPORTS. ported back with a favorable recommendation the bill (H. R. 3118) grant Ur. O'HARA, from the-Committee on Invalid Pensions, also reported ing au increase of pension to William H. Buck; which was referred to back adversely bills of the following titles; which were seyerally laid the Committee of the Whole House on the Private Calendar, and, with on the table, and the accompanying reports ordered to be printed: the accompanying report, ordered to be printed. A bill fH. R. 7968l granting a pension to George W. Brant; A. bill H. R. 7964 for the relief of John Dime1'S; and MA.BY 1\I.A.RSH. A. bill H. R. 7729 granting a pension to Gideon C. Lake. Mr. HAYNES, fromtheCommitteeoninvalidPensions, alsorej)orted LYDIA S. JOHNSON. back with amendments the bill (S. 685) granting a pension to Mary Uarsh; which was referred to the Committee of the Whole House on Mr. SAWYER, from the Committee on Invalid Pensions, reported the Private Calendar, and, with the accompanying report, ordered to be back with a favorable recommendation the bill (H. R. 8078) for the relief printed. of Lydia S. Johnson; which was referred to the Committee of the Whole CHARLES N. SEBASTIAN. House on the Private Calendar, and, with the accompanying report, ordered to be printed. Mr. HA. YNES, from the Committee on Invalid Pensions, also reported back with a favorable recommendation the bill (S. 686) granting a pen 1\I.A.RY A. Y .AN :ETTEli. sion to Charles N. Sebastian; which was referred to the Com~ttee of Mr. SA.WYER, from the Committee on Invalid Pensions, also re the Whole House on the Privat~ Calendar, and, with the accompanying ported back with a ·fav-orable recommendation the bill (H. R. 6170) report, ordered to be printed. granting a pension to Mary A.. Van Etten; which was referred to the 1\I.A.RY J. NOTTAGE. Committee of the Whole House on theP.rivate Calendar, and, with the accompanying report, ordered to be printed. 1\Ir. HAYNES, from the Committee on Invalid Pensions, also reported back -with a favorable recommendation the bill (S. 2005) granting a WILLIAM HICKS. pension to Mary J. Nottage; which Wl\3 x·eferred to the Committee of 1\1r. SAWYER, from the Committee on Invalid Pensions, also reported the Whole House on the Private Calendar, and, with the accompanying back with a fav:orable recommendation lope bill (H. R. 1681) for the relief report, ordered to be printed. of William Hicks; which was referred to the Committee of the Whole 1886. CONGRESSIONAL RECORD-HOUSE. 4059 House on the Pri-vate Calendar, and, with the accompanying report, or JOSEPH RO::m:BEB. dered to be printed. Mr. SWOPE, from the Committee on Invalid Pensions, reported CASSIUS H. ROBINSON. back favorably the bill (H. R. 1059) to grant a pension to Joseph Romi 1\Ir. SAWYER, from the Committee on Invalid Pensions also reported ser; which was referred to the Committee of the Whole House on the back with a favorable recommendation the bill (H. R. 4624) for the relief Private Calendar, and the accompanying report ordered to be printed. of Cassius H. Robinson; which was referred to the Committee of the Whole House on the Private Calendar, and, with the accompanying re THO:\IAS A. ROWLEY. port, ordered to be printed. Mr. SWOPE, from the Committee on Invalid Pensions, also reported back favorably the bill (H. R. 6250) to increase the pension of Thomas MRS. CATHERINE SATTLER. A. Rowley; which was referred to the Committee of the Whole House Mr. PINDAR, from the Committee on Invalid Pensions, reported on the Private Calendar, and the accompanying report ordered to be back favorably-the bill (H. R. 6832) granting a pension to Mrs. Cathe printed. rine Sattler; which was referred to the Committee of the Whole House I , C. K. HUGHES. on the Private Calendar, and the aceompanying report orftered to be lY.[r. SWOPE, from the Committee on Invalid Pensions, also reported printed. . back favorably the bill(H. R. 2144) granting a pension to C. K. Hughes; GEORGE H. LAURENCE. which was referred to the Committee of the Whole House on the Pri 1\:Ir. PINDA.R, from the Committee on Invalid Pensions, also re vate Calendar, and the accompanying report ordered to be print-ed. ported back with amendment the bill (H. R. 1617) for the relief of ELIZABETH SLENBA.KER. George H. Laurence; which was referred to the Committee of the Mr. SWOPE, from the Committeeon ~valid Pensions, alsoreported Whole House on the Private Calendar, and the accompanying report back favorably the bill (H. R. 4527) granting a pension to Elizabeth ordered be printed. to Slenbaker; which was referred to the Committ-ee of the Whole House 1\IRS. HATTIE A. BURNETT. on the Private Calendar, and the accompanying report ordered to be Mr. PINDA.R, from the Committee on Invalid Pensions, also re printed. ported back favorably the bill (S. 2022) granting an increase of pen MARGARET O'CONNOR. sion to 111rs. Hattie A. Burnett; which was.referred to the Committee Mr. SWOPE, from the Committee on Invalid Pensions, also reported , of the Whole House on the Private Calendar, and the accompanying re back favorably the bill (H. R. 6278) granting a pension to Margaret poTt ordered to be printed. O'Connor; which was referred to the Committee of the Whole House ADVERSE REPORTS. on the Private Calendar, and the accompanying report ordered to be 1\Ir. PINDA.R, from the Committee on Invalid Pensions, also reported printed. back adversely bills of the followmg titles; which were severally laid ADVERSE REPORTS. on the table, and the accompanying reports ordered to be printed: Mr. SWOPE, from the Committee on Invalid Pensions, also reported A bill (H. R. 1532) granting an increase of pension to Newton A. back adversely bills of the following titles; whj.ch were severally laid Ca~; . on the table, and the accompanying reports ordered to be printed: A billlH. R. 1531) granting a pension to William H. Gifford; A bill (H. R. 4247) granting a pension to Esther A. Reynolds, widow A bill H. R. 1547) for the relief of Edward B. Lansing; and of Thomas H. Reynolds, late sutler of the Seventy-eighth Regiment A bill H. R. 6837) to place Jane Young on the pension-roll. Pennsylvania Volunteers; A. bill (H. n. 6587) granting a pension to Sarah J. Eyster; and JOHN W. DELP. A bill (H. R. 6571) granting a pension to John D. M. Armbrust. Mr. NEECE, from 'the Committee on Invalid Pensions, reported back favorably the bill (H. R. 4460) to pension John W. Delp; which was WILLIAM COLLINS. referred to the Committee of the Whole House on the Private Calen Mr. W A.RNER, of Missouri, from the Committee on Claims, repm-ted dar, and the accompanying report ordered to be printed. back with amendment a. bill (H. R. 1030) for the relief of William Col lins; which was referred to the Committee of the Whole House on th.e SILAS K. HAINES. PrivQ.te Calendar, and, with the accompanying report, ordered to be 1\Ir. NEECE, from the Committee on Invalid Pensions, also reported printed. baek favorably the bill {H. R. 2626) granting a pension to Silas K. CHARLES STOTESBURY. Haines; which was referred to the Committee of the Whole House on the Mr. WARNER, of 1\fissouri., from the Committee on Claims, also re Private Calendar, and the accompanying report ordered to be printed. ported back with amendment a bill (H. R. 1533) to open and set aside MARY SULLIVAN. an order of the Court of Claims canceling an operation of a judgment Mr. NEECE, from the Committee on Invalid·Pensions, also reported against the United States, remitted, through mistake as to the facts in back favorably the bill (H. R. 308) granting a pension to Mary Sulli regard to the same, by claimant to the United States, and to refer the van; which was referred to the Committee of the Whole House on the matter to the Court of Claims for such further action as said court shall Private Calendar, and the accompanying report ordered to ~ printed. find to be just and equitable; which was referred to the Committee of the Whole House on the Private Calendar, and, with the accompany LUCY G. DUTCHER. ing report, ordered to be pointed. Mr. NEECE, from the Committee on Invalid Pensions, also reperted JAJ\IES BRICE. back favorably the bill (H. R. 6430) granting a pension to Lucy G. Dutcher; which was referred to the Committee of the Whole House 1\Ir. WARNER, of Missouri, from the Committee on Claims, also re on the Private Calendar, and the accompanying report ordered to be ported, as a substitute for the bill H. R. 1365, a bill {H. R. 8337) for the printed. relief of James Brice; which was read a first and second time, referred JONATHAN S. LENTS. to the Committee of the Whole House on the Private C..'llendar, and, with the accompanying report, ordered to be printed: · 1\ir. NEECE, from the Committee on Invalid Pensions, also reported The bill R. 1365 was laid on the table. back with amendment the bill (H. R. 6425) granting a pension to Jon H.: athan S. Lents; which was referred to the Committee of the Whole JOSEPH HA.XTHAusru-. House on the Private Calendar, and the accompanying report ordered Mr. NEAL, from the Committee on Claims, reported back favorably to be printed. the bill {H. R. 4000) for the relief of Joseph Haxthausen; which was DUNC4N FORBES. referred to the Committee of the Whole House on the Private .Calendar, Mr. NEECE, from the Committee on Invnlid Pensions, reported, as and, with the accompanying report, ordered to be printed. a substitute for H. R. 3048, a bill (H. R. 8336) granting an increase of CHAl\IBERS & BROWN. pension to Duncan Forbes; which was read a first and !lecond time, re Mr. NEAL, from the Committee on Claims, also reported back fuvor ferred to the Committee of the Whole House on the Private Calendar, ably a bill (H. R. 4001) for the relief of Chambers & Brown; which and, with the accompanying report, ordered to be prini;e(l. was referred to the Committee of the Whole House on the Private Cal House bill No. 3048 was laid on the table. endar, and, with the a{)companying report, ordered to be printed. MARTHA A. VORHEES. E!IIILY J. F.ABDY. 1\:Ir. NEECE, from the Committee on Invalid Pensions, also reported 1\:Ir. SHAW, from the Committee on Claims, reported, as a substitute back with am®dment the bill (H. R. 8066) to pension Martha A. Vor for the bill H. R. 1073, a bill (H. R. 8338) for the relief of Emily J. hees; which was referred to the Committee of the Whole House on the Fardy; which was read a first and second time, referred to the Commit Private Calendar, and ~he accompanying report ordered to be printed. tee of the Whole House on the Private Calendar, and, with the accom SOPHIA BEELER. panying report, ordered to be printed. 1\:Ir. NEECE, from the Committee on Invalid Pensions, also reported The House bill1073 was laid on the table. baek adversely the bill (H. R. 7869) to increase the pension of Sophia CHANGE OF REFERENCE. Beeler; which was referred to the Committee of the Whole House on On motionof.Mr. SPRINGER, the Committee on Clai.ms was discharged the Private Calendar, and the accompanying report ordered to be printed. from the further consideration of the bill (H. R. 7970) for th~ relief of 4060 CONGRESSIONAL RECORD-HOUSE. MAY 1, Miss Ann Wolfe and others; and the same was referred to the Commit- ferred to the Committee ofthe Whole House on the Private Calendar, tee on War Claims. and, with the accompanying report, ordered to be printed. JOHN. MONTGOMERY. EDWARD G. PENDLETON. . Mr. KLEINER, from the Committee on War Claims, reported back Mr. LYMAN, from the Committee on War Claims, also reported back . with amendment the bill (H. R. 6265) for the relief of John Montgomery; with amendments the bill (H. R. 7807) to muster Edward G. P.endleton which was referred to the Committee of the Whole House on the Private as captain of cavalry into the service of the United States, and to pay Calendar, and, with the accompanying report, ordered to be printed. him for his services from Augnst, 1861. to July 10, 1864, inclusive; URIAS BUSKIRK. which was referred to the Committee of the Whole House on the Pri Mr. GEDDES, from the Committee on War Claims, reported backfav vate Calendar, and, with the aecompan~g report, ordered to be printed. orablythe bill (H. R. 5484) to pay Urias Buskirk the amount found due BINDING CENSUS SCHED~. him by the Court of Claims; which was referred to the Committee of Mr. BARKSDALE, from the Committee on Printing, reported back the Whole House on the Private Calendar, and, with the accompanying with favorailerecommendation the Senate concurrent resolution to b.ind report, ordered to be printed. the census schedules; which was· referred to the Committee of the ELIZABETJI MULVEHILL. Whole House on the state of the Union, and, with the accompanying Mr. GEDDES, from the Committee on War Claims, also reported a bill report, ordered to be printed. (H. R. 8339) for the relief of Elizabeth Mulvehill, for stores and sup MAIL MESSENGERS IN TIIE POSTAL SERVICE. plies; which was read a first and second time, referred to the Committee_ :Mr. WARD, of Indiana, from the Committee on the Post-Office and of the Whole Honse on the Private Calendar, and, with the accompany Post-Roads, reported, as a substitute for H. R. 8195, a bill (H. R. 8346) ing report, ordered to be printed. authorizing the employment of messengers in the mail service; which JOHN M. CAMPBELL. was read a first and second time, referred to the Committee of the Mr. GEDDES,. from the Committee on War Claims, also reported a "Whole House on the state of the Union, and, with the accompanying bill (H. R. 8340) for the relief of John M. Campbell; which was read report, ordered to be printed. a first and second time, referred to·the Committee of the Whole House House bill No. 8195 was ordered to be laid on the table. on t1ie Private Calendar, and, with the accompanying report, ordered CONSTRUCTION OF. DRY-D.OCKS. to be printed. · Mr. McADOO, from the Committee on Naval Affairs, reported, as a ·. .ROBERT H. WALTON. substitute for H. R. 2050, a bill (H. R. 8347) to authorize the construction Mr. GEDDES from the Committee on War Claims, also reported a of dry-docks at certain navy-yards to be hereafter selected, by contract, · bill (H. R. 8341~ for the relief of Robert H. Walton; which was read and appropriating money for the same; which was referred to the Com a. first ana second time, referred to the Committee of the Whole House mittee of the Whole House on the state of the Union, and, with the ac on the Private Calendar, and, with the accompanying report, ordered to companying report, ordered to be printed. be printed. · House bill No. 2050 was ordered to be laid on the table. JAMES C. JENKINS. JOHN ROCKWELL. . Mr. GEDDES, from the Committee on War Claims, also reported a Mr. LAIRD, from the Committee on Military Affairs, reported back bill (H. R. 8342) for the relief of James C. Jenkins, administrator of with favorable recommendation the bill (H. R. 3600) for the removal of Thomas C. Jenkins; which was read a first and second time, referred the charge of desertion from John Rockwell, late private Company F, to the Committee of the Whole House on the Private CalenQ.ar, and, One hundred and twenty-fifth Ohio Volunteer Infantry; which was re with the accompanying report! ordered to be printed. ferred to the Committee of the Whole House on the Private Calendar, SARAH M'FERRIN. and, with the accompanying report, ordered to be printed. Mr. GEDDES, from the Committee on War Claims, also reported a WILLIAM A'. WIGHAMAN. bill (H. R. 8343) for the relief·of Sarah McFe'rrin, administratrix of Ur. LA.I.JlD, from the Committee on Military Affairs, also reported Robert Waters ; which was read a first and second time, referred to the back with favorable recommendation the bill (H. R. 4709) to remove Committee of the Whole House on the Private Calendar, and, with the charge of desertion from the military record of William A. Wigha the accompaning report, ordered to be printed. nian; which was referred to the Committee of the Whole House on the SARAH MENDENHALL. Private Calendn.r, and, with the accompanying report, ordered to be Mr. GEDDES, from the Committee on War Claims, also reported a print~d. bill (H. R. 8344) for the relief of Sarah Mendenhall, administratrix of JOHN E. WHITE. F. M. Mendenhall; which was r~d a · first and second time, referred Mr. STRAIT, from the Committee on the Public Lands, reported back to the Committee of the Whole House on the Private Calendar, and, with an amendment th~· bill (H. R. 5175) extending the provisions and with the accompanying report, ordered to be printed. benefits of the pre-emption laws to John E. White; which was referred ADVERSE REPORTS• . to the Committee of the Whole House on the Private Calendar, o.nd, M~. GEDDES, from the Committee on War Claims, reported back ad with the accompanying. report,- ordered to be printe~. -versely the follo"¢ng ~es; which were laid ou the table, and the ac ORDER OF BUSL~ESS. companying reports ordered to be printeU: Claim of Elizabeth Griggs; The SPEAKER. If there be no further reports th~ Chair will recog- Claim of JosephS. McNulty; nize the gentleman from Ohio to call up the special order. Claim ofT. W. Adamson; Mr. HATCH. I rise to o. parliamentary inquiry. Claim of James C. Newman; The SPEAKER. The gentleman will state it. Mr. HATCH. I desire to ask what is th~ regular order to-day? Claim of Newton C. Perkins; The SPEAKER. The regular order is the consideration of bills re- Claim of George W. Morris; ported from the Committee on the Territories. The order of the House Claim of Mahala H. Portlock; sets apart this day, after the morning hour, for the consideration of Claim of John W. Demory; Claim of Eli TraTener; such bills now on the Calendar as may be called up by the Committee Claim of William H. Whitted; on the Territories, not to interfere, however, with· general appropria Claim of Harmon Mickle; tion or revenue bills. The morning hour is, under the rule,_ the hour Claim of James G. Moore; for the call of committees for reports. Claim of Ebenezer J. Conrad et al.; Mr. BEACH. Does that order exclude the second morning hour? Claim of John. H. McClellan; The SPEAKER. There is but one morning hour. Claim of Milton S. Haire; Clause 3 of Rule XXIV provides : On all days other than Monday as soon as the business on the Speaker's table Claim of Solomon Isaacs; bas been disposed of, and on all Mondays (except the tirst· and third in each Claim of Washington G. Campbell; and month} after the call of States and Territories, there shall be a. morning hour Claim of W. H. Hill. forreportsfromcommittees, which shall be appropriately referred and printed, and a. copy thereof mailed by the Public Prin~r to each Member and Delegate; DAVIDSON DICKSON AND OTHERS. and the Speaker shall call upon each standing committee in regular order and then upon the select committees; and if the whole of the hour is not consumed Mr. SMALLS, from the Committee on War Claims, reported back by this call then it shall be in order to proceed to the consideration of other with favorable recommendation the bill (H. R. 91) for the relief of business a~ hereinafter provided; but if be shall not complete the call within Davidson Dickson and others; which was referred to the Committee the hour' he shall resume it in the succeeding mo1·ning hour where be left off. of the Whole Honse on the. Private Calendar, and, with the accompa Section 5 of the same rule provides: . nying report, ordered to be printed. After the morning hour shall have been devoted to reports from committees ...HEIRS OF ALFRED ROBINSON. (or the call completed} the Speaker shall again call the committees in regular order for one hour upon which call each committee on being named shall have Mr. LYMAN, from the Committee on War Claims, reported a bill the right to call up for consideration any bill reported by it on a previous day (H. R. 8345) for the relief of the heirs and leoaal. representatives of Al on either the House or Union Calendar. fred Robinson, deceased; w:Wch was read a first and second time, re- Thus preserving throughout the rule the distinction between the hour 1886. CONGRESSIONAL RECORD-HOUSE. for the consideration of bills and the morning hour for the call of com provide by general laws for the incorporation of companies for insuring against mittees. The order of the House sets apart this day, after the morning loss by fire, li~htning, bail, and tornadoes, and also of life-insurance companies. hour, for the consideration of bills reported from the Committee on Mr. HOLMAN. I would suggest to the gentleman from Pennsyl the Territories. vania whether it would not have been well to have extended that pro Mr. HATCH. I only raised that question for the purpose of obtain vision to the Tefli.tories in general. It is manifest the act of 1867 was ing a rnlmg of the Chair and a construction of this rule. too restricted if it was intended as a restriction, but I think it was not. The SPEAKER. The Chair thinks that is the meaning, in fact the The action of that law was, in fact, to ratify legislation which had oc very language of the rule itself. curred. It seems to me, however, that there is no reason to doubt the Mr. HATCH. I would inquire, Mr. Speaker, if the reports of the existence of these powers in a Territorial government were it not for standing committees have been completed? the inference drawn from the act of 1867. But inasmuch as the act of The SPEAKER. The ca).l of committees has been completed. 1867 does mise some doubt, why not extend the provision to the Ter .ritories in general, for this is a power which certainly could be very INSURANCE LAWS IN DAKOTA. safely exercised? We should not multiply our laws unnt!cessarily. · Mr. HILL. · In pursuance of the order I call up a bill in charge of Mr. BOYLE. For myself! see no reason why the power should not tbe·gentleman from Pennsylvania [1\Ir. BoYLE], the bill (H. R. 5888) be given to other Territories as well as Dakota. But wbenitcomesto to legalize and validate the general laws of the Territory of Dakota legalizing what has been done in Territories it might be very unwise to for the incorporation of insurance companies and to ~uthorize and em legalize the acts of certain Legislatures and altogether wise to legalize power the Legislative Assembly of said Territory to pass such general the acts of others. We find on examination the laws passed in Dakota laws. have been carefully and well drawn. . That may not be the fact as to The bill was read, as follows: laws passed by other Territorial Legislatures, and it might be very un safe to legalize laws generally upon this subject. Be it enacted, etc., That all general Iaws heretofore enacted by the Legislative Assembly of the Territory· of Dakota providing for the incorporation of insur Mr. HOLMAN. I am notproposingthatwelegalizeanythingwhich ance companies are h~;!reby legalized and made valid, and are declared to have bas been done, but simply that we confer on all the Territories the the same force and effect as if the said Legislative Assembly had had full power same powers which this bill proposes to confer upon the Territory of and authority to enact the same ; and all insurance companies incorporated un der said laws and in accordance therewith are hereby declared to have been le- Dakota. gally incorporated. - Mr. BOYLE. I see no objection to that; the second section might SEc. 2. That the Legislative Assembly of the Territory of Dakota shall have be amended in that way, if it is the wish of the House. power to provide by generallnws for the incorporation of companies for insur ing against loss by fire, lightning, bail, and tornadoes, and also of life-insurance Mr. HOL1.1AN. Why not amend it by striking out in the second companies. seetion the words "Assembly of the Territory of Dakota" and insert "Assembliesofthe several Territories;" so as to read: "Tbatthe Leg Mr. BOYLE. Mr. Speaker, the purposeoftbisbillis to give validity islative Assemblies of the several Territories shall have power," &c.? to certain acts passed by the Legislature of the Territory of Dakota, 11-Ir. BOYLE. If the gentleman offers that amendment I have no providing for the incorporation of insurance companies. The laws objection to it personally. I do not know what may be the views of which the bill is intended to lega.lize and validate are laws general in the committee. their character. The bill as introd.uced provides for the legalizing of Mr. ADAMS, of Illinois. I consider the amendment proposed by all insurance companies in the Territory, whether. incorporated under the gentleman from Indiana [Mr. HoLMAN}a very legitimate ext-en- general or under special laws. But the committee reported a substitute sion of the scope of the bill, but I wish to ask the chairman of the com tor that bill, and in this substitute only general laws are legalized. mittee whether it has not occurred to him that there might be a still The Territorial Legislature of Dakota very shortly after the organiza further extension by allowing the Territorial Legislatures to incorporate, tion of the Territory, assuming that it bad the power to pass laws gen as do the States,· organizatiQns for all purposes of pecuniary profit, ex erally providing for the incorpomtion of companies, passed a general cepting such as we .may choose to except. These Territorial Legisla insurance law, and at different times since it has passed supplements tures now have power to charter corporations for certain specific pur or amendments to this insurance law. poses; and we propose by this bill to add another specific purpose-in Under the original act a number of inSurance companies were incor suranee. Why not allow all branches of business to come in under a porated in the Territory. Doubts have arisen whether the Territorial general law? Legislature bad this power, and it is in order to remove these doubts Mr. HILL. There are a thousand reasons why that should not be and to give unquestionable legal existence to these companies and to done, as the gentleman would readily recognize if be were conversant protect the rights of the companies themselves, and the rights of those with the state of affairs in some of the Territories. who have· dealt with them, that the passage of this act is nsked for. Mr. ADAMS, of Illinois. Well, it may be there are reasons appli Under the act organizing the Territory it is provided that- cable to the Territories which would not apply to a:State. The legislative power of the Territory shall extend to all rightful subjects of Mr. GIFFORD. We do not ask such an extension of the law. legislation consistent with the Constitution of the United States and the provis The SPEAKER pro tem.pore. The amendment of tbe gentleman from ions of this act. Indiana [Mr. HouiA.N] will be read. Assuming that the Territorial government had general powers not The Clerk read as follows: inconsistent with the Constitution and the laws of Congress, it under In lines 1 and 2 of section 2 strike out "Assembly of the Territory of Dakota'' took to pass these general incorporation laws. But in the act of 1867, and insert "Assemblies of the several Territories." section 1889 of the Revised Statutes, specific powers are given to the The amendment was agreed to. Territorial Legislature relating to the creation of corporations. This The bill as amended was ordered to be engrossed for a third reading; section is as follows: · and being engrossed, it was accordingly read the third time, and passed. TheLegislativeAssembliesoftbeseyeral Territoriesmay, * * * by general Mr. HOLUAN. I move to amend the title of the bill by striking incorporation acts, permit persons to associate themselves together as bodies out all after the words ''insurance companies '' and inserting ''and. for corporate for mining, manufacturing, and other industrial pursuits, or the con other purposes.'' struction or operation of railroads, wagon-roads, irrigating ditches, and the col onization and improvement of lands in connection therewith, or for colleges, The amendment was agreed to. seminaries, churches, libraries, or any benevolent, charitable, or scientific asso Mr. BOYLE I!J.Oved to reconsider the vote by which the bill was <:iation. passed; and also moved that the motion to reconsider be laid on the It will be observed that the right to incorporate insunmce com table. panies is omitted, and this is what raised the doubt as to the existence The latter motion was agreed to. of that right in the Territory of Dakota. The committee found that LEGISLATIVE ASSEMBLY OF WASHINGTON TERRITORY. the genera.! laws w bich it is proposed to validate seemed to be well and Mr. HILL. I call up the bill (H. R. 6966) to change the time of the carefully drawn and calculated to protect the interest of insurers as meeting of the Legislative Assembly of Washington Territory. well as of insured; and failing to find any good reason why the Terri· The bill was read, as follows: torial Legislature should not have the power to establish insurance Be it enacled, &e., That the first Monday in January, 1887, be\ and the same is companies, the committee bas recommended the passage of this bill. hereby, fixed as the time for the commencement of the next biennial session of For myself I see no reason w by that power should not exist in a Ter the Legislative Assembly of Washington Territory; and that the biennial ses ritory as well as in a State. In Territories insurance companies are as sion of the Legislative Allsembly be held every two years thereafter. much needed and there is as much reason for there existence there as Mr. HILL. Jrlr. ·speaker, the passage of this bill is asked for by a in the States. And it is better a Territorial government should have resolution of the Legislative Assembly of Washington Territory, as the right to create, regulate, and control the companies within the Ter well as by the Territorial officers and the Delegate from that Territory. ritory than that only foreign companies should .exist. Therefore I An act of Congress is required to legalize the day for the meeting of the know of no reason why this bill should not become a law. Legislative Assembly; and the day named in the bill is acceptable to Mr. ADAMS, of illinois. As I listened to the reading of the bill it the officers and people of the Territory. I do not deem it necessary to seemed to give validity to certain acts heretofore passed. Does it also make any further statement. I hope the bill will be passed. enlarge the powers of the Legislature so that acts creating corporations The bill was ordered to be engrossed for a third reading; and being there hereafter shall have validity? · engrossed, it was accordingly read the third time, and passed. Mr. BOYLE. I can answer the question of the gentleman from Illi Mr. HILL moved to reconsider the vote by which the bill was passed; nois best by reading the second section of the bill. It provides and ~lso moved that the motion to reconsider be laid on the table. That the Legislative Assembly of the Territ-ory of Dakota shall have power to The latter motion was agreed to. 4062 CONGRESSIONAL RECORD-HOUSE. MAY 1, LOCAL OR SPECIAL TERRITOl.UAL LAWS. the' great seal, do hereby certify that I have carefully compared the annexed copy of writing-house memorial No.17, to authorize the county of Columbia, Mr. HILL. I call11p for consideration the bill (H. R. 5179) to pro in \Vashington Territory, to issue bonds for the construction of a court-house hibit the passage of special or local laws in the Territories of the United with the original, now on file in my office, and that the same is a correct tran script therefrom, and of the whole of said original. States. Iyieldtheftoortothegentlemanfrom lllinois [Mr. SPBINGER] In testimony whereof I have hereunto set my ha.nd and affixed the great seal who introduced the bill. of said Territory, at Olympia, this lith IKSANE A&YLU:M1 ARIZONA. ORGANIZATION OF TERRITORY OF OKLAHOMA. Mr. HILL. I now call up for present consideration the bill (H. R. Mr. HILL. I now call up the bill (H. R. 7217) to provide for the 2812) to approve an act of the Thirteenth Legislative Assembly of Ari organization of the Territory of Oklahoma, and for other purposes. _. zona entitled ''An act to establish, maintain, and provide for the gov This bill has been referred to the Committee of the Whole House on ernment of an insane asylum," approved March 9, 1885, in charge of the state of the Union. We do not propose to ask a vote on it to·day,• the gentleman from Oregon [Mr. HERMAN], to whom I yield. and may as well discuss it in the House as in Coinmittee of the Whole. The bill was read, as follows: I ask that the Committee of the Whole be discharged from the further Be it e-nacted, &c., That the act entitled "An act to establish, maintain, and pro consideration of the bill. vide for the government of an insane asylum," passed by the Thirteenth Legis Mr. RANDALL. I have no objection to the proposition that the de latiYe Assembly of the Territory of Arizona, and approved by the governor of said Territory of Arizona on the 9th day of March, A. D. 1885, is hereby approved. bate shall run in the House; but when the. bill comes to be considered ~Ec. 2. That this act shall take effect and be in force from aud after its passage. for amendment it ought to be considered in Committee of the Whole. Mr. HERMAN. This is a provision oflawto legalize an act of the Leg Mr. HILL. We propose to do that next Saturday. islative Assembly of the Territory of Arizona, constructing or author Mr. RANDALL. The gentleman can ask unanimous consent to let izing the construction of an insane asylum for that Territory. The asy it be considered in the House as in Committee of the Whole for to-day. Mr. HOLMAN. But ~ubject to the point of order next Satur~y. lum was built and is now in full operation and a number of inmates are Mr. HILL. Next Saturday! will mo>e to go into Committee of the cared for in it. Whole House on the state of the Union. Subsequent to the enactment of the provision of-law in question it was Mr. RANDALL. What reason is there for taking a ditl'erent course discovered that the Territorial Legislature had no authority to do what to-day? was don~ by them. Therefore at its last session the Legislature memo Mr. HILL. I move that the House resolve itself into Committee of rialized Congress to legalize, by this bill now pending, the proceedings of the Whole House on the state of the Union for the purpose of consider that Legislative Assembly authorizing the construction of this asylm:n. ing this bill. That is all there is of it; and the committee unanimously report in favor The motion was Uooreed to. of authorizing what has been done, believing it to be a just and merito The House accordingly resolved itself into Committee of the Whole rious measure and this to be a deserving bill. on thestateofthe Union(Mr. CRISPin the chair) and proceeded to con The bill was ordered to be engrossed and read a third time; and being sider the bill (H. R. 7217) to provide for the organization of the Terri engrossed, it was accordingly read the third time, and passed. tory of Oklahoma, and for other purposes. Mr. HERMAN moved to reconsider the vote 1:zy which the bill was passed; and also moved that the motion to reconsider be laid on the The bill was read, as follows: Be it enacted, &c., That all that part of the United States included within the table. following limits, except such portions thereof a.s are hereinafter expressly ex The latter motion was agreed to. empted from the operations of this act, to wit: Bounded on the west by the State 4064 CONGRESSIONAL RECORD-IlOUSE·. M.A.Y 1, of Texas and the Territory of New Mexico; on the north by the State· of Colo provisions of this a.ct before issuing a patent to the claimant; and if it shall -rado and the State of Kansas; on the east by the State of Missouri and the State appear that said claim was not taken m good faith, he shall refuse a patent, of Arkansas; and on the south by the State of Texas, comprising what is known and declare all prior proceedings before had in such case to be null and void; as the Indian Territory and the public-land strip, is created into a temporary and all persons settling on said lands under the provisions of this act shall be government by the name of the Territory of Oklahoma: Pl·ovided, That noth required to maintain a continuous personal residence of five years before ob ing in this act shall be construed to impair the rights of ,Person or property or taining title thereto, agreeably to the provisions of the homestead laws; but to impair any patent to lands now pertaining to the Ind1ans in said Territory payments for .said lands may be made in installments, under such rules and under the aws and treaties of the United States, or to i.Qclude any territory oc regulations as maybe prescribed by the Secretary of the Interior. cupied by any Indian tribe to which title has been conveyed by patent from the SEC. 8. That the President of the United States is hereby authorized and di United States, without the consent of said tribe, or any territory which by treaty rected to nominate and, by and with the advice and consent of the Senate, ap or agreement with any Indian tribe is not, without the consent of said tribe, to point a commission to be composed' of five persons, whose duty it shall be to be included within the territorial limits or jurisdiction of any State or Terri enter into negotiations with the several Ind1an tribes within the limits of Okla tory; but all such territory shall be excepted out of the boundaries and consti homa Territory, for the purpose of procuring the assignment of lands in sever tute no part of the Territory of Oklahoma until said tribes shall signify their alty and the purchase by the United States of the relinquished and unocc\lt)ied assent to the President of the United States to be included in the said Territory lands. The powers and duties of said commission shall, under the direction of of Oklahoma, except for judicial purposes as provided herein, or to affect the the President, extend to all matters relating to the settlement of the Indians on authority of the Government of the United States to make any regulation or other lands or reservations than those now occupied by them, and to their edu enact any law respecting such Indians, their lands, property, or other rights, cation, civilization, and citizenship. The commission is authorized to enter which it would have been competent to make or enact if this act had never into such agreements with the Indian tribes as it may deem necessary to ac pa!!Sed. complish the purposes of this act, and to submit the same, through the Presi SEc. 2. That there shall be a governor, secretary, Legislative Assembly, supreme dent, for the action of Congress. The compensation of the members of said com court, attorney, and marshal for said Territory, who shall be appointed and se mission shall be at the rate of $3,()()(; per annum, and not more than three of lect-ed under the provisions of title 23, chapter 1, of the Revised Statutes of the whom shall be members of one political party. They shall also be allowed, in United States.!. relating to the government of all the Territories. The provisions addition thereto~ their actual necessary traveling expenses, stationery, and of said title snail have the same force and effect in the '.rerritory of Oklalloma postage. They !!Dall have power to appoint a. secretary, who shall receive an as in other Territories of the United States: Pro11ided, That the Legislative As annual compensation of $1,800, and such allowances for traveling expenses as sembly and Delegate to the House of Representatives shall not be elected until he may adually incur. the President shall order: Pro11idedju1'the1', That no person shall be entitled to SEc. 9. That it shall be unlawful for any person. for himself or any company, vote at the first election, or to be elected to any office, who has not been a bona association, or corporation, to directly O\' indirectly procure any persons to set fide resident of said Territory for sixty days previous to said election: And pl·o tle upon any lands opened to settlement by this act, with a view to their after vided jurflwr, That the council in said Territory shall consist of thirteen mem ward acquiring title to said lands from said occupants: and the parties to such bers, and the house of representatives shall consist of twenty-six members, fraudulent settlement shall severally be guilty of a misdemeanor, and shall be which may be increased to thirty-nine. punished, upon indictment, by imprisonment not exceeding twelve months, or SEC. 3. That the Constitution and all laws of the United States which are not by fine not exceeding $1,000, or by both such fine and imprisonment, in the discre locally inapplicable shall have the same force and effect in said Territory of tion of the court. Oklahoma as elsewhere in the United States: P.re1Jided, That nothing in this SEC. 10. That all leases oflands belonging to the United States or held in com act shall be construed to interfere with the local governments of any of the In mon by any of the Indian tribes within the Territory of Oklahoma, as organized dian tribes which may now be provided for by the laws and treaties of the United by this act, including the Cherokee strip west of the ninety·sixth degree of longi Stat.es, or which may exist in conformity thereto: ,.And provided-further, That tude, whether controlled by persons, corporations, or others, except such leases as the supreme court of the Territory shall fix the times and places., within the are held for the purpose of cultivating the soil strictly for farming purposes, are limits of the area occupied by the five civilized tribes, at which courts shall be hereby declared void aud contrary to public policy; and it is hereby made the held; and the jurisdiction of the courts held therein shall embrace all causes duty of the President, immediately after the passage of this act, to cause the of action, crimes, and offenses arising in the Indian Territory lieretofore cogni lessees of said"lands, or persons illegally occupying the same, to be removed from zn.ble in the United States courts of the western district of Arkansas, in the dis said lands. trict of Kansas, and the northern dist.rict of Texas; and all laws heretofore SEC. ll. That the act of Congress approved July 27, 1866, which incorporated passed granting jurisdiction to saia United States courts within the Indian Ter the AtJ.antic and Pacific Railroad Company, and the act of Congress approved ritory are hereby repealed; but cases now pending shall be prosecuted to their July 25, 1866, granting lands to the State of Kansas to aid in the construction of final disposition therein, the same as if this act had not been passed. the Kansas and Neosho Valley Railroad and its extension to Red River, and Q.n SEc. 4. That the section of country lying between the States of Kansas, Col act of Congress granting lands to the State of Kansas to aid in the construction orado, and 'l'exas, known as the public-land strip, is hereby declared to be a of the Southern Branch of the Union PacificRailway,and a telegraph, from Fort part of the public domain of the United States, and shall be opened to settle Riley, Kans., to Fort Smith, Ark., approved July 26,1866, or any other acts ot ment under the operation of the homestead laws only: Pro-vided, That the Congress so far as they relate to lands granted in said Indian Territory and the sixteenth and thirty·sixth sectio'ns of said lands shall be reserved for school public land strip, except for the right of way and necessary stations, as now purposes. provided for by law, are hereby repealed; and any or all right to said lands is SEc. 5. That whenever the Creek and Seminole tribes of Indians shall signify hereby forfeited to the United States; and no railroad company now organ their assent to the provisions of this section, in legal manner, to the commission ized, or hereafter to be organized, shall ever acquire any lands to aid in the provided for in this act, and the President has issued his proclamation fixing the construction of its road, or in consequence of any railroad already constructed, time as provided herein, the unoccupied lands ceded to the United States by said either from the United States, or from any Indian tribe, or from any Territo· tribes under .the t-reaties of June 14, 1866, and March 21, 1866, shall be opened to rial government or State Legislatu.re within the limits of said Indian Territory. settlement, except the sixteenth and thirty-sixth sections, which shall be reserved for school purposes, and shall be disposed of to actual settlers only, in quantities The following amendments were recommended by the committee: not to exceed 160 acres, in square form, to each settler, at the price of 81.25 per In section 11, line 14, after the word" stations," insert" as far as said road! acre. All persons who are heads of families or over twenty-one years of age, may now be completed." and who are citizens of the United States, or who have declared their intentions At the end of the bill add the following amendment: to become such, shall be entitled to become actual settlers on such lands. An "SEc. 12. That neither the Legislative Assembly of said Territory nor any accurate account shall be kept by the Secretary of the Interior of the money re county township, town, or city therein shall have power to create or contract ceived as proceeds of the sale of said lands. The commission hereinaft-er cre any inaebtedness1 for any work of public improvement·, or in aid of any railroad ated by this act is hereby authorized to confer with the Creeks and Seminoles to constructed or to be constructed, nor to subscribe for or purchase any shares of -:tetermine whether said Indians are entitled to any further compensation for stock in any railroad company or corporation." said unoccupied lands. If said commission shall agree that further compensa tion should be paid said Indians, they may fix the amount of such additional Mr. IDLL; Mr. Chairman, I ask the attention of the committee for compensation, not to exceed the sum of $1.25 per acre, less the cost of sale and a few minutes while I endeavor to explain the provisions of thls bill. It amounts heretofore paid said tribes in the purchase of said lands; and any addi provides for the organization of a new Territory of the United States to tional sum agreed upon by said commission to be paid said tribes for said lands, as provided herein, shall be placed to the credit of such tribes on the books of be called the Territory of Oklahoma. The district.<:! of country embraced the Treasury. within its provisions comprise three separate and distinct tracts: The SEc. 6. That whenever the Cherokee tribe of Indians shall signify their assent first is the Public Land strip, which was acquired from Texas in 1850, and to the provisions of this section, in legal manner, to the commission provided for in this act, and the President has issued his proclamation fixinS the time contains 3, 672,640 acres of land. Over this Public Land strip the Gov • as herein provided, the. unoccupied portion of the lands west of 96 of longi ernment of the United States has absolute control, and a,lways has had, tude, agreed to be ceded to the United States by the said tribe of Indians by the so that there can be no question whatever as to the power of Congress treaty concluded July 19, 1866, shall be opened to settlement, excepting the six teenth and thirty-sixth sections, which shall be reserved for school purposes, to open up this tract of conn try for settlement. Another. section of and shall be disposed of to actual settlers only, in quantities not to exceed 160 country embraced within the provisions of the bill is the so-called Ter acres, in square form, to each settler, at the price of 1.25 per acre. All persons ritory of Oklahoma, which was purchased by treaty from the Creeks who are heads of families or over twenty-one years of age, and who are citi zens of the United States, or who have declared their intention to become and Seminole.Sin 1866 and which contains 1,880,500 acres. such. shall be entitled to become actual settlers on said lands. An accurate There is also the Cherokee strip, which was also negotiated for by account shall be kept by the secretary of the Interior of the money received treaty, containing 6,022,855 acres-mak-ing in all nearly 12,000,000 as proceeds of sale of said lands, and said money shall be placed to the credit of the Cherokee Indian tribe on the books of the Treasury, after deducting the acres of land, or a district of country as large as Massachusetts, Rhode cost of sale by the United States, and the amount heretofore appropriated and Island, New Jersey, and Delaware combined. The bill does not propose. paid to the Cherokee tribe as part compensation for said unoccupied lands: P.ro .Mr. Chairman, to violateanytreatywhateverwithanytribe of Indians. 'l.rided, That nothing in this act shall be construed to authorize any person to en ter upon or occupy any of the lands mentioned in this or the preceding section, By reference to the treaty of 1866 it will be seen that the Territory of for the purpose of settlement or otherwise, until after the Indian tribes men Oklahoma and the Cherokee strip were acquired for a special purpose. tioned and the commissioners herein authorized have concluded an agreement That purpose was for the settlement of friendly Indians or freedmen in to that effect as provided herein, and laid the same before the President of the United States, who is thereupon authorized to issue his proclamation declaring that Tenitory. such relinquished lands open to settlement, and fixing the time from and after I have never held nor do I now hold that the Governmep.t of the which such lands may be taken. Any person who may enter upon any part of United States has the right to open up that Indian country for settle such lands contrary to the provisions of this act, and prior to the time fixed in the President's proclamation, shall not be permitted to make any entry upon ment by white settlers without the consent of those Indians; that such lands or lay any claim thereto; and satisfactory proof shall be required by would in effect be a violation of the spirit of the treaty. But it is a the Commissioner of the General Land Office to the effect t.hat this provision has notorious fact, Mr. Chairman, that the policy which the Government not been violated by the claimant to any of such lands. Any person violating the provisions of this section shall hereafter be ineligible to take any homestead originally intended to inaugura~, which was to settle upon that co.untry or make any entry of lands in said Territory of Oklalloma. friendly Indians or freedmen, has long ago been abandoned, and that the SEc. 7. That the President may, at such times as he may deem it necessary, Government has not now any intention whatever of making any at direct a land-office to be opened in the Territory of Oklalloma, and may nomi nate and, by and with the advice and consent of the Senate, appoint the usual tempt, so far as we ca,n gather from proper authorities, to settle either officers to conduct the business of said land-office; and the Commissioner of freedmen or friendly Indians upon any part of this Territory which I the General Land Office shall, when directed by tl1e President, cause the various oove named. portions of said lands to be properly surveyed and subdivided, where the same hns not already been done. It is hereby made the duty of the Commissioner The bill provides, as will be seen by the reading of it, for the ap of the General Land Office to carefully examine each claim taken under the pointment by the President of the United States of a commission of 1886. CONGRESSIONAL RECORD-HOUSE. -4065 five persons to treat with these Indians with the view of securing a ing trespassers, cattle-men, from the Cheyenne and Arapaho reservations and settlers from the Oklahoma. section. · modification of these treaties to such an ext€nt as to admit of white settlements in the Territory named in the bill ana without which the The committee also say that- biD, of course, and all provisions would be of no force or effect, so The proper policy to pursue, not only in the Indian Terrioory but generally its especially in the large reservations in Dakota and Montana, where the lands far as it relates to that portion of the country once controlled by the are agricultural-is to cut up the reservation system at the roots; abolish the Indian tribes. tribal relations; allot to each Indian adult a tract of land in severalty; let it be his, and let it descend to his children; compel him to settle upon it; make it It also provides for the appointment of a governor and secretary of inalienable for a generation, or longer if necessary; sell the the remainder of the Territory, United States marshals, and a Territorial court and the lands in the different reservations oo actual settlers in not exceeding 160- proper officers to put in motion the machinery of a Territorial govern acre tracts; let the proceeds of such sales constitute a trust fund for the In- ment. In the event of successful negotiations with these Indian tribes, dian9, &c. · the bill provides further for selling the lands·therein contained in traets .l\fr. Chairman, my attention was directed the other day to some re of 160 acres each and no mQre. 'fo actual settlers patents to issue after marks made by the gentleman from Iowa [Mr. HEPBURN] while dis· five years' residence. And it provides further for the extreme punish cussing the river and harbor bill, in which he said that the professions ment of nny person or persons who undertake to invade the Territory which bad been lllade by the Democratic party during the late cam or any part of it for illegal settlement until after the consent of the In paign had proved to be false, and he quoted from the gentleman from Iowa dians has been obtained. [Mr. WEAVER] to show that that gentleman had been mistaken. I It is, in my judgment, an exceedingly well guarded and carefully want to ~y to those gentlemen that they are both mistaken. The drawn bill. If gentlemen of the committee will take the pains to read President's order and proclamation never applied to any part of t.he In it they will see that no possible outrage can be committed or injury done (lia.n Territory whatever, except the Arapaho and Cheyenne reserva to any persons whatever by its passage. tions, and ft·om that country the cattle-men were expelled. As to the fertility of the soil of that country there can be no question. .A.s to the Cherokee strip and the Oklahoma strip which had been All the information we have from the report of the Co.mmissioner of In leased to a syndicate by the Cherokee Indians-witliout authority and dian Affairs and from reports that have been made from time to time in violation of law, as I claim, no order from the Executive ever issued by special cOmmittees authorized by Congress; and from reports of the asking that these · men be expelled. The question was twice referred Secretary of the Interior and others, is that the country embraced within to the Attorney-General of the United States. The firstAttorney;Gen the provisions of the bill contains a fertile soil, blessed by as healthy a eral who gave an opinion upon the suQject was :Mr. Devens, who, in climate as any part of our public domain. an elaborate opinion, which will be f01md at page 14i0 of the sixteenth The treaties with these Indians I have already mentioned, arid I will volume of the Reports of the Attorney-Generals, held that- not take time to discuss the provisions of any of them. Suffice it to The Cherokee Nation itself could not settle one of its tribes upon this strip· say that I concede to the minority of the committee to which I have and if such tribe could not settle one of its citizens thereon, it follows that it could not authorize the settlement thereon of white persons or lease the same the honor to be chairman that so far as that part of their report which to any person, which in(!ludes th~ right of occupancy. ' construes the treaties is concerned I cordiaHy agree with them. I would not ask for the violation of a single line or word or letter of any · This very question, involving the validity of these cattle leases, was treaty with any Indian tribe; and I claim, · Mr. Speaker, that not a referred last year to the Department of Justice for the opinion of the single section can be found in the bi)lor a letter which violates a single Attorney-General, and ou the 21st of July Attorney-General Gar1and, letter of a treaty wbich is now in force between the United States Gov in response to an inquiry by the Secretary of the Interior, gave an ernment and the Indian tribes in the Indian Territory. elaborate opinion, in which he q-g.oted the statutes in that case made This Territory is a part of the territory included in the Louisiana pur and provided, ·and held that every one of these leases to these cattle chase, as members of the committee are well aware. Now; I desire to syndicates by these Indian tribes was in violation of law-was null read some information which I have obtained from.the report of the dis and void, of no force and effect. ?nguished gentleman from Indiana [Mr. HOLMAN], who was author Having come to that part of the bill, I desire to state that the in JZed by the last Congress·to make aspecial examination of the condition formation of the C{)mmittee derived from the report of the Secretary of the tribes in that Territory, and to report the result to Congress . and other documents is that this vast country, containing nearly .After setting forth the extent of the country, the report (page 40) says: 8, 000,000 acres of land, and also another portion of the Indian reserva tion containing nearly 4,000,000 acres more, have been leased from The civilized nations-Cherokees, Chi~kasaws, Choctaws, Creeks, and Semi noles-and all of the other more advanced tribes are in the eastern part of the time t-o time in violation of the lawsofthe United States without the Territory. Here the principal progress in agriculture, ns well as in generalR.d shadow of any ~uthority whatever, to vast cattle syndi~tes both in vancement, has been made, while an extenQed portion of the :west. is occupied England and this country, at a rate of perhaps 1 cent or a little more by the <::he.yennes, Arapahoes, Wichitas, Kiowas, and Comanches, with a united populatiOn o~ 7,746, who have made comparatively little progress, with very an acre; and these syndicates have sublet the land to sma.Uer syndi ummportant Improvements, and non~ of a permanent character. cates for a sum five.times as large as the amount which they pay; in The report goes on to say that- other ~ords, they pay $100,000 a year for the Cherokee strip and are receiving $500,000 a yearfrom syndicates that have subleased it from In the heart ofthisTerritoryis situated th~ tract of land containing 1887 800 47 acres, known as "Oklahoma," being a part of the land purchased by' the' ~v them. For every dollar they have paid out to these i.gnorant Indians ernment. at 15 aud 30 cents an acre, by treaties made in 1'866 with the Creeks th~y get ~5 in return; ~d by reference to the report of my distin RJ1d.Semmoles, a tract ?f land comparing well in fertility and streams of water gmshed fnend from Indiana [Mr. HOL1IAN] it wi11 be seen that it is wtth the southern portwn of the State of Kansas. This Oklahoma tract is sur rounded on every side by lands which the Government by treaty or agreement the opinion out there that some.of these leases were obtained by the h_ave ceded. to !ndian tribes. I.t is manifest that the ~vernment can not con: grossest kind of fraud and corruption. Slst~ntly wtth 1ts agr*:ement w1th the Creeks, permit this tract of land to be oc I will take the liberty of incorporating in my remarks the opinion cupted except by Indmns. of At~rney-General Garland on this subject, in which, as I hMestated The report further says that, so far as the other tribes are concerned be decided the&e leases to be absolutely withoilt authority-null anci no progress bas been made,_ that the Arapahoes and Cheyennes occupy void: a tract of country embracrng ne?_rly 5,000,000 acres of land, having DEPARTMENT OF JUSTICE, been put .there by d~partmental orders some years ago, and that they Washington, July 21, 1885. have ~ult1vated only about 600. acres of it, never exceeding 1,000, and Srn: .B:Y your letter.of the 8th instant, inclosing a communication from the Commi~Sioner of Jndmn Affairs of the 7th, the following questions are, at his ~re lymg around on the grass like a ~ot of dogs sleeping in the sun, be su.f€gestion, submJt!ed to me with request for an opinion thereon: mg fed at the expense of the tax-paymg people of this country. . Wh.ether there 1~ any law empowering the Interior Department to author M!. HOL~. Mr. 9hairman, I think the gentleman, in the last Ize lndi::'-ns to enter mto contract with any parties for the lease of India.n lands his for grazmg purposes; and also whether the President or the Interior Depart portion of statement Just made, was not quoting from the report. me~t has any a?thonty to m~e a lease for grazing purposes of any part of any [Laughter.] . Ind1an rese~vatwn, or whether the approval by the President or the Secretary . Mr. HILL. No; not from Y?Ur report-your part of it, but I have ~i~lt!~r~i~~~d ~~~J~,t·ender any such lease made by Indians with other par- Simply told the truth, Mr. Charrman, as the gentleman from Indiana . These questions are propounded with reference to certain Indian reserva- · well knows. The minority report, prepared by the gentleman from hons, namely: Illinois [l'!!r CANNON], says: I. ~he Cherokee lands in the Indian Territory west of ninety-sixth degree of longitude, except S';Jch part~ thereof ~ have heretofore been appropriated for This reservati.on is west of and adjacent to Oklahoma. Its area is 4,297,771 and conveyed t.o friendly tr1bes of Indians. acres. T!te Indtans thereon number 3,600 men, women, and children. It would 2. The C~eyenne and Arapaho reservation in the Indian Territory. supJ>?rt, Ifperfectlydeveloped,300,000people. Situate upon it is Fort Reno the 3. The Kiowa. and Comanche reservation in the Indian Territory. Darlmgton agency, and four boarding schools for Indian children maintained Our Gov~rnment has ever claimed the right, and from a. very early period its by the Government, and, with all the aid given the Indians by the many em s!'lttled poh<;Y has been, to :egulate and control the alienation or.other disposi ployes .of t!Ie qovernment, farmers and others, there was only 1,000 acres of land tlo~ by India~s .. and espectally !>Y I_ndian nations or tribes, of their land!!. This m cult1vat1on m the aggregate last year. pol!CY was origma.lly !ldopted m view ?f.their peculiar character and habits, . which rendered them mcapable of sustammg any other relation with the whites This.report further says: th:tn that of dependence and pupilage. There was no other way of dealing The fa.il~e to expel the .few whi~ men who are in possession of 7,000,000acres w~th them t~an that of keeping them separate, subordinate, and dependent, of the Terr•.t?ry we submtt.affords JUSt ground of complaint to the large num With a guardian care thrown around them for their protection. (3 Kent. Com.; ber of our citiZens who desue to occupy small tracts in Oklahoma for homes 381; ~echer vs_. Wetherby, 95 U.S., 517, where most of the cases on this subject and who have as much right, and far greater equity to do so than havethefe~ are cited and dJScussed.) ~ttle-men to occupy_ much larger tracts for grazing, ~nd that the obligation rest "Thus in 1783 the ConJp"essofthe ConfederalioJ?, by 11: proclamation, prohibited log upon the ;Execu11ve ~o remov~ such le!'lsees and other unauthorized persons ~ll persons ~!ll ma~~ s~tt!ements on lands mhabtted or claimed by Indians as tresp~;~.Ssers.upon laud m the If?- • 4066 CONGRESSIONAL RECORD-HOUSE. MAY 1, thority and directions of the United States in Congress assembled" and de taro.ugus and Allegany reservations, and to confirm existing leases." The act clared :·that every such purchase or settlement, gift or cession, not having the just cited is, moreover, significant as showing that, in the view of Congresst In· authonty aforesaid, is null and void, and that no right or title will accrue in con· dian tribes can not lease their resen•atlons wit4out the authority of some Jaw sequence of any such purchase, gift, cession, or settlement!' By section 4 of of the United States. _ the act of July 22,1790, chapter 33, the Congress of the United States enacted In my opinion, therefore, each of the questions proposed in your letter b;uld "that no sale or lands made by any Indians, or any nation or tribe of Indians be answered in the negative, and I so answet them. within the United States, shall be valid to any person or persons, or to any State, I am, sir, very respectfully, whether having the right of pre-emption to such lands or not, unless the same .A. II. GARLAND, Attorney-General. shnll be made and duly executed at some public treaty, held under the author The SECRETARY OF THE J:t.trERIOR, ity of the United States.11 A similar provision was again enacted in section 8 of the act of March 1 1793, chapter 19, which by U.s terms included any "pur The Secretary of the Interior, on page 32 of the report, says: 'Cha.se or grant of lan&, or of any title or claim thereto, from any Indians or na tion or tribe of Indians, within the bounds of the United States." The provis By the third article of the treaty of August 11,1866, it is stipulated that in com· ion was further extended by section 12 of the act of May 19, 1796, chapter qo, pliance with the desire of the United States to locate other Indians and freed· so as to embrace any "purchase, grant, lease, or other conveyance of lands, or men thereon, the Seminoles cede to the United States their entire domain con· of any t.itJe or claim thereto." As thus extended it was re-enacted by the ad. sisting of 2,169,080 acres, at the rate of 15 cents an acre. By the third arti~le of ~of March 3,1799, chapter 46, section 12, and also by the act of March SO, 1802, chap- the treaty of August 11, 1866, the Creeks, for the same purpo e, ceded to the ter SO, section 12. · United States the west half of their entire doiD1l.in, which cession passed3 400 000 In the above legislatio}\ the provision in terms applied to purchases, grants, acres at the rate of 30 cents per a<:re, the two cessions combined aggr~gating )eases, &c., from individual Indians as well as from Indian tribes or nations; 51571,000 acres. In pursuance of the purpose for which these lands were ceded but by the twelfth section of the act of June 30,1834, chapter 161, it was lim1ted to to the United States, portions on the ast and the west thereof have been from such as emanate "from any Indian nation or tribe of Indians.11 And the pro time to time set apart for and assigned to .certain tribes and bands of friendly Yision of the act of 1834, just referred to, has been reproduced in section 2116, Indians·for their use and occupancy. That portion of land remaining unap ReYised Statutes, which isno,vin force. propriated to the tru t provided for in the treaties lies very nearly to the center The last-named section ~eclares: "No purchase, grant, lease, or other con of the Indian Territory. It is this unappropriated tract that is commonly called veyance of lands, or of any title or claim theret<>, from any Indian nation or Oklahoma. No agent of the Government resides upon that land; and it is not tribe of Indians, shall be of any validity in law or equityJ. unless the same be occupied in any way by any person. or persons for any purpose under nny au made by t.reaty or coovention entered into pursuant to tbe vonstitution." thority of this Depa1·tment. This statutory provision is very general and comprehensive. Its operation That is the statement of Secretary Lamar so far as regards the Ter does not depend upon the nature or extent of the title to the land which the ritory of Oklahoma. tribe or nation may hold. Whether such title be a fee-simple, or a right of oc cupancy merely, is not material; in either case the statute applies. It is not, C{}mmissioner Price shows that the entire purchase-money of the theref-ore, deemed necessary or important, in connection with the subject under Oklahoma tract was paid; that out of the amount agreed to be paid to consideration, to inquire into the particular right or title to the above•men• tioned reservations held by the Indian tribes or nations respectively which the Cherokees for their tract they received orne $3i7,000, demanded claim them. Whatever the right or title may be, each of these tribes or nations more, but it has not been paid. It js also shown by Mr. 'Price's report is precluded, by the force and effect of the statute, from either alienating or that hearly 8, 000,000 acres of land belonging to other reservations in leasing any part of its reserration, or imparting any interest or claim in and to the Indian Territory are inhabited by less than people, being the same, without the consent of the Government of the United States. A lease •r,ooo of the land for grazing purposes is as cleal'ly within the statute as a lease for about 1,200acrestoeach:man, woman, and childin the entireTerritory. any other or for general purpoaes, nnd the duration of the term is immaterial. The bill provides for the removal, if co~sent can be had, of the Arap· One who enters with cattle or other live-stock upon an Indian reservation un ahoes and Cheyennes frt>m the 'reservation which they now hold and der a lease of that description, made in violation of the statute, iS an intruder, and may be removed therefrom ns such, notwithstanding his entry is with con· upon which they were placed by a departmental order, to the eastern sent of the tribe. Such consent may exempt him from the penally imposed by part of the Territory. In the event this is done, all the Indians in the section 2117, Revised Statutes, for taking his stock there, but it can not validate Indian Territory will be put together in the eastern part of the Terri· the lease, or confer upon him any legal right what..<10ever to remain upon the land; and to this extent and no furt)ler was the decision of Judge Brewer in tory; and they will then have on the west, as they now have on the United States ",;s, Hunter,21 Fed. Rep., 615. north, the east, and the south, civilized communities of people. But the pre ent inquiry in substance is (1) whether the Department of the In· I call attention to the remarkable fact the only portion of all terior can authorize these Indians to make leases of their lands for grazing pur· that poses, or whether the approval of such leases by the President or the Secretary these Indians in that country or in the United States which have made of the Interior would make them lawful and valid; (2) whether the President any progress whateverin civilization is that portion of the Indians which or the Department of the Interior has authorit-y to lease for such purpose~ any to part of an Indian reservation. lie immediately next the State of Arkansas and north of the State of I ubmit that the power of the Department to authorize such leases to be made, Texas and southoftheStateofKansaS. And 'Wherever they have been or that of the Pre ident or the Secretary_to approve or to make the same, if it thus brought into direct contact with the civilizing influence of the exists at all, must rest upon some law, and therefore be derived from either a white man, and with the modes of transacting business of the whites, treaty or statutory provision. I am not aware of any treaty provision, applica ble to the particular reservations in question, that confers such powers. The with their schools, their churches, they have made more progress. And Revi ed Statutes contain provisions regulating contracts or agreements with this is the only place where they have made any progress at all Indians, and prescribing how they shall be executed and approved (see ·section If this bill should ·become a law the western portion of this entire 2103) ; but those provisions do not ipclude contracts of the c)+aracter described in ~ection 2116, hereinbefore mentioned. No general power appears to be con Territory will be opened up to settlement, and, in my judg~p.ent, in a ferred by statute upon either tbe President or Secretary, or any other officer of few years it will be as densely populated as is the prosperous State of the Government to make, authorize, or approve leases of lands held by Indian Kansas at this'time. . ' tribes; and the absence of such power was doubtless one~! the main consider· This table, which I took from the repm·t of the Committee on Indian !~~h~r~~th~~~~n~N:J~E~rN~~t~~:ktfu~r;_;~r~f:a!!•I;~d.S ~hit~tt~~ ~~~ Affairs, I desire to incorporate in my remarks right here at this point. Table slwwi"ng the ~and owned by the following tribes in tlw indian TerritO?'!J. Area in Nam.e of reservation. Nam.e o.f agency. Name of tribe occupying reservation. Area. in square Popu- . acres. miles. lation. Cheyenne and Arapaho.... Cheyenne and Arapaho...... Southern Arapaho and Northern and Southern Cheyenne...... 4,297, 771 6, 715 . 3,609 Iowa ...... Sac and Fox...... Iowa ...... 228,418 357 89 Kansas...... Osage ...... Kansas or Kaw ...... 100,137 156} 225 K.icka.poo...... K.ickapoo ...... :...... Mexican Kickapoo ...... _ .... . 206,466 322t 3W Kiowa and Comancbe...... Kiowa, Comanche, and Wichita.. . Apache, Comanche (Komantsu), Delaware, and Kiowa...... 2, 968,893 4,639 ~.103 Nez Perce...... Ponca, Pawnee, and Otoe ...... Tonkawa...... ~ ...... oo,m 142 92 Osage...... Osage ...... Great and Little Osage and Quapaw...... :.. . 1, 470,509 2, 297 1,672 Otoe ...... Ponca,Pawnee,a.nd Otoe ...... Otoe and Missouria...... 129, 113 202 266 Pawnee...... Ponca, Pawnee, and Otoe ...... Pawnee (Pani) ...... 283,020 442 1,045 Ponca...... Ponca, Pawnee, and Otoe ...... Ponca...... 101,894 159 5i4 Potta·watomie...... Sac and Fox ...... Absentee Pawnee (Shawano) and Pottawatomie...... 575,877 900 1,260 Sac and Fox...... Sac and Fox...... Otoe,Ottawa.,Sac {Sauk), and Fox of the Missouri and l\lississippi 4.69, 667 750 1,126 (including Mokohoka.'s band). • Wichita...... Kiowa, Comanche, and Wichi~ ... Delaware, Ionis, Kaddo, K.ichai, Wako, Wichita, Comanche (Ko 743, 610 1,1()2 1,034 mantsu), and Tawakaway. :· Now, sir, the report of the Committee on Indian Affairs says that I have said all I desired to say pretty much on this subject. I have they have a feudal system in the Indian Territory which is equal in stated the objects and provisions of the bill, what is the amount ofland barbarism to that which prevailed in the Middle Ages. They h ave included in it and what it is. vast tracts there under the hands of chiefS, who lord it over the oth ers, Mr. LANHAM. In that connection will the gentleman from Ohio who have vast incomes and control the others, who while they liYe in permit me to make an inquiry? a sort of princely way, as it were, the poor serfs who work for tbem Mr. HILL. Certainly. and perform labor in the culture of com and raising of cattle do not ])1r. LANHAM. In defining the boundaries of the proposed terri l'"D.ow at night where they will get a meal the next day. t ory did the committee take into consideration the fact there is a con Mr. Chairman, I am opposed to land monopolies in this country. I tro>e.rsary between the State of Texas and the United State; in reference am opposed to baronial estates in the Indian Territory or in any other to the title of that section of country lying east 9f the one hundredth part of the American domain. And, sir, there is only one way to get meridian, between the north and south forks of the Red River? rid of it, ·and that is for Congress to enact some law or to give the coun Mr. HILL. Yes, and that country which is called Grier County is try some legislation to strengthen the hands of the President of the not included within the provisions of this bill. United States in dealing with lawless invaders of that Indian Territory. Mr. LANH.AM. The bill provides that this territory shall be bounded • 1886. CONGRESSIONAL RECORD-HOUSE. 406-7 on the west by the State of Texas and the Territory of New l!{exico; . Mr. HILL. Yes, sir; eight millions more, mal.."ing twenty millions on the north by the State of Colorado and the State of Kansas; on the in all east by the State of Uissouri and th~ State of Arkansas; and on the Mr. KING. How many Indians are there to-day? south by the State of Texas, comprising what is known as the India~ Mr. HILL. About thirty-six hundred. Territory nnd the public-land strip. Mr.. Chairman, ever since 1873 there has been a gre.'l.t depression in The land in dispute 'Petween the State of Texas and the United States all our manufacturing and labor districts in the United States. It is known, perhaps, on the maps of the United -states as a part of the In culminated in 1877 in the most extensive and disastrous labor strikes dian Territory, but in Texas it is known as Grier County. ever witnessed in this country. M:i.l.J.ions of property were destroyed Mr. SPRINGER. This bill intends to leave that county or that dis by violence in some of our large citieS, and manyo~her millions by the puted territory just where it now is, to be determined by whatever shrinkage of values. These strikes have been repeated more or. less may be the decision of the arbitration now going on between the United every year since, and they are being repeated now. I am not aware States and Texas. If it shall result in favor of the United States, then that the condition of the laborer or his employer bas been benefited by it will be included within this Territory, and not otherwise. them. Both have suffered. The prices of aU manu:fitctured articles, l!ir. LAN HAM. Inasmuch as there is such a commission to nseer without any change in tariff laws, has become lower and lower, and • tain the real boundary between the State of Texas :md the United States, the wages of labor have become lower nnd lower. :No remedy has been would the gentleman in charg~ of the bill object to an amendment to applied or proposed. This bill proposes a remedy in p:1rt when it pro the effect that this shall not prejudice the claim of the State of Texas poses to provide good homes for a hundred thons..1.nd idle men. ... as to the title to that territory? Mr. Jefterson, nearly a hundred yea.rs ago, with that sagacity with Mr. IDLL. I do not object to such an amendment; but I do not which he was pre-eminently endowed, foresaw these t'oubles and sug think any amendment is necessary. If it should be found that that gested the same remedy which we hope to afford in the p:-tssage of this country belongs to Texas and not to the United States, then this bill bill. In his Notes on Virginia he said: would not apply to it all. The politica.l economists of Europe have establislled it as a principle tha.t.e,·ery Mr. LANJ [Al\I. There is no disposition then to interfere with the state shall ende3.VOI' to manufacture for itself; and this principle, like many oth adion of thn t commission ? ers, we transfer to America, without ca\culati ng the difference of circumstances, which should often produce a different result. Jn Europe the lands are either Ur. HILL. No,.sir; none whatever. · It is only to in~udethatpart cultivated, or locked up against the cultivator. 1\Ianufa <.:tnres must, therefore, o>er which the United States has undisputed control ., be resorted to-of necessity, not of choice, to support the snrpl us of theil' people. Mr. LANHA.l\I. I thought it proper to make the inquiry so that But we have an immensity of land courting the industry of the h usbandman. Is it best, then, that all our citizens should be employed iu its improve:neut, or there could be no mistake on this point; especially in view of the. fact that one-half should be called off from that to exet·cisemanufacturesanu handi that the gentleman from Iowa [Mr. STRUBLE] is the only member of craft for others? Those who labor in the earth a're the chosen people of God, if the Committel} on Territories now who was with me on that committee ever He had a chosen people, whose breasts He has made His peculiar depos it for substantial and geuuine virtue. It is the focus in which He keeps al!ve that in the last Congress and was familiar ·with the facts of the case in rela sacred tire, which otherwise might escape from the face of the earth. Corrup tion to the passage of the bill providing for the appointment of a com tion of morals in the mass of cultivators is a phenomenon of which no age or na mission to in\·estigate this question of disputed boundary. Th:\t bill' tion has furnished an example. It is the mark set on those who, not looking up to Heaven, to their own soil and industry, as does the husbandman, for their was reported from the committee and passed the House. subsistence, depend for it on casualties and caprice of customers. Dependence Mr. NEECE. I would like to ask the gentleman from Ohio n ques begets subservience and venality,·.sulfocutes the germ of virtue, and p1·cpares fit tion. I understand him to say that this Oklahoma strip was not le tools for the designs of ambition. 'l'his, the natural progress and consequence ofarts,ha.s sometimes perhaps been retarded by accidental ciJ-cttm~tances; but, gally occupied by any person at this time. I -wish to ask if, as .a mat generally speaking, the proportion which the aggregate of the other classes of ter of fnct, it is not occupied by these syndicates of cattle-men? citizens bear in any State to that of its husbandmen is the proporlim\ of its un Mr. HILL. I think not. sound to its healthy parts, and is a good enollgh barometer whe1-cby to measure its degree of corruption. While we have land to labor, then lt>t us never w~b. Mr. HOLUAN. No, sir; it never has been to any extent. . to see our citizens occupied at a work-bench or twirling a distu~. · :Mr. STRUBLE. I beg to say there is difference of opinion upon that point, and I shall attempt to show that it is so occupied. It may be said here tliat this territory is not fit for cultivation, only .Mr. HOLMAN. I do not know how it may be now; but in last No for grazing purposes. The same was said of the entire Louisiana pur • >ember it was not occupied by anybody except a small portion of the chase, of which this forms a small part. When Mr. Jefferson was abou~ men under Conch who were settled upon the Northern Fork of the Cana: to negotiate for it and after it had ~n purchased he was denounced dian River au•l were removed the next day by military force. for it throughout the country. It was ca1led the land of frogs and alli Mr. WEAVER, of Iowa. :I agree with the gentleman from Indiana gators, and it was openly asserted that a crow could not fly across it with that there is 1w legal occupancy, but there are cattle there. . out taking his dinner along. Now that territory has been carved into Mr. NEECE. But as to the matter of actual occupancy, I wish to ten States and nine Territories, containing a popnhtion of 10,000,000 inquire if there are not cattle syndicates now there? of intelligent, thrifty people. Kansas was formerly denominated an l\1r. HOL~L\N. The military authorities were actively engaged in arid, sandy desert. ~o cross it on the way to California-in 184.8 and preventing any occupancy of that strip when I was there. 1849 in search for gold was to cross the desert; but time has demon Ur. HILL. There have been time after time attempts to acquire un strated that the masses who stopp.ed in Kansas found more gold in the lawful occupancy.,t' the Territory. During the administration of Mr. soil than the ma..o;ses who went to California found in the mountains. Arthur raids we~mad e by persons seeking settlement, and the Pres ·The growth of Kansas is without a parallel in American history. She ident issued a proclamation and had these persons removed by force. has half a dozen Representatives on this floor to-day, and more than a The snme has been done since and threatened to be done.again since million of population, while every county in the State is dotted over the present administration came into power. There has been a repeated with churches, and schools, and colleges, and the whole State has be effort on the part of the people ofKansas, Missouri, and other Western come a network of railroads, and telegraphs, and telephones, showing States to lodge settlements in this fertile part of the country. they have all the comforts of civil~zatjon which the progress of the age I intended to state when interrupted that petitions have been pre affords. sented through this House from nearly every labor organization of the :Mr. PETEI{S. We can go you one better. Kansas. has one more whole country, from farmers, grangers, from lodges, from posts of the than half a dozen Representatives ou the floor; she has seven. Grand Army of the Republic-soldiers-asking that legislation look Mr. HILL. That is a lucky number, which I hope you will keep till ing to the settlement of this Oklahoma and Indian Territory shall be you change your politics. [Laughter.] · · enacted. Mr. Chairman, the condition of things in the Indian Territory as If these lands can be obtained by the modification of these treaties shown by the reports of the distinguished gentleman from Indiana and and opened to white settlement there will then be left lands enough in the Commissioner of Inman Aff1,irs presents a deploral)le picture. the Indian Territory t~ give every Indian, little and big, young and They show that we have a feudal system there equal in its barbarism old, nearly a thousand acres of land apiece. to that of the Middle Ages. If the Democrntie party have any mission It will only result in theremovalofabout twenty-sixor twenty-seven at all in this country it is to legislate for the interest of the masses of hundred Indlans.from the Arapaho and .Cheyenne reservations to the the people against the few. If there is class legislation on the statute western border of the eastern part ofthe Indian Territory, and have them books it ought to be repealed:.. If there are monopolies they ought aU there in a compact form. to be abolished. This bill forfeits a railroad land grant-, and it required Now, while this bill does not propose to interfere· at all with the class legislation to create the grant. It seeks to abolish cattle monopo tribal relations of any of these India.ns, I believe the time will soon lies and cattle syndicates, whether they be of foreign or native origin. come, and ought to come, when these tribal relations are to be broken It abolishes a system of land monopoly which ha.S in e>ery age and up, and when the lands of all this country should be allotted in sever every clime proved the unrelenting foe to civil and religious liberty. alty and occupied in severalty by families of Indians.; for in no other Where the few own the land and the :many do not, you have oligarchy way, in my judgment, can the humanizing and civilizing influences of and despotism; where the many own it and the few do not, yoll. have an enlightened race be brought to bear upon that cla....'lS of people. republican government. Mr. KING. What is the area of this proposed Territory? It seeks to abolish a system of baronial estates which destroyed Irish ?tir. HILL. It embraces about 12,000,000 acres, with a. view of liberty and Irish independence n.nd cursed and crushed tha~ patriotic inking in 4,000,000 acres more in future. people for six centuries. For hundreds of years that people have ap Mr. KING. That makes sixteen millions in all? pealed to thejusticeof mankind for aid and sympathy. Thank Heaven, Mr. WEAVER, of Iowa. It proposes to take in eight millions more. they are now getting both at home a-s well as from America.. By their • CONGRESSIONAL REOORD-HOUSE. M..A_y l ·4068 ' determined efforts, undying patriotism, and thirst for freedom, the Prominent among Congressional enactments stands the act of May28, Irish people have nerved the arm and fired the brain of the mighty 1830, found at page 411, volume 4, Statutes at Large. · Under it the Gladstone to that great plane of statesmanship which enabled his elo United States proceeded to extinguish the Indian occupancy title to all quence and the justice of his cause to thrill the world. Let not the the lands now. embraced in and known as the Indian Territory. To example of England and Ireland be imitated or tolerated in America. pay therefor that bill appropriated $500,000. Having thus acquired Class legislation bas already donated a vast empire five times a8 large the Indian ·title, thereby perfecting the title previously acquired by as Ohio to corporations. In violation of law, right in the heart of the purchase from France, and consequently vesting i.n the United States Mississippi Valley, we find another empire consecrated by permission to the full and absolute ownership, the Government. proceeded, pursuant cattle barons and monopolists at a rental of a little over a cent an acre, to said act, and in accordance with existing treaty, to, and did by, patent where a full-grown ox israisedformarketat a cost of25 cents while it dated December 31, 1838, convey it all to the Cherokee Indian Nation costs $25 in Ohio and Illinois and Missouri. in fee-simple. , . . · Let us wage eternal war on all these monopolies in every shape. The The treaty referred to is that of 1828, by which the United States had settlement and occupancy of these lands can not lo1;1g be .delayed. It agreed to convey a large portion, extending from the west line of Ar requires the vigilance and physical force of the Army to prevent it now. kansas to the western frontier. That treaty was, by a new compact Even that can not long pre•ent it. The resistless energy and enterprise of made in 1833, reaffirmed, by which the United States covenanted and • the .A.mericanpeoplehavespanned all thegr("..atmountains and united the agreed to "possess the Cherokees and guarantee them forever" these Atlantic with the Pacific by bands of iron and steel. The same energy lands-so conveyed. This title in the Cherokee Nation was commented and enterprise will not forever permit this vast area of fertile country upon by the United States court in a decision made at the May term, to be turrred ove:t""to monopolists aml worthless savages~ If this bill 1S79 United States vs. Reese, by which the learned court held that passes a few sh~ years will witness ·there what we now see in Kansas, under the treaty of 1833 the title of the United States passed to the free homes and well-cultivated farms, towns; citi~s, churches, schools, Cherokee Nation absoluteJy. In delivering. the opinion of the conrt colleges, and a net-work of railroads, telegraphs, and telephones, with JI.Ir.· Justice Parker said: all the comforts of civilization. Whether it passes or not, the agitation . There is no limitation on the title conveyed by the United States to the Cher bas hegun. · okees by the treaty of 1833, and if said treaty was inconsistent with the act ot 1830, it r~pealcd so much of it as was inconsistent; tbattbc language ofthe second The people will get the facts, and the dark shadow which now hovers article of the .treaty of 1835 was a recognition of the cession of these lands, and over this garden of the great >alley will be dispelled by the industry if they had already been ceded to the Cherokees by the treatyofl833, the agree of thousands of happy tarmcrs, and another bright star added to our ment Ly the United States by the article of t.he treaty of 1835 to give them a patent for these lands, according to the act of C01igress of l\Iay 28; 1830, was a glorioU$ constellation in the Federal galaxy. Even now I think I can mere nudum pactum. It was an attempt to place a.resti·iction on atitlethathad behold the dim but visible star of Oklahoma. [Applause.] already passed. * * *. 'l'his Indinn title being a, base, qualified, or detennin nhle fee, with only the possibility of reversion, and not the right of reyersion in Mr. HILL. The rest of my time, if I have any, I have agreed to give the United States, all the estate is in the Cherokee Nation of Indians. to the gentleman from Tilinois [Mr. TowNSHEND]. The CHAIRMAN. The gentleman bas fifteen minutes of his time I a speaking of the ·patent for the'e lands to that nation, Attorney· remammg. Does the Chair understand him to yield that time to the · General Devens said (16 Opiniom, p:1ge 430): gentleman from illinois? '!'he effect of the convcyn.ncc by the Uuited States to the Cherokee Na-tion of this tract of ltl.nd [he is referring to the '800,00:.>-acre tt·act, but it will be borne in Mr. HILL. How much time docs the gentleman from Illinois de miud, it is included in the snmc patent with the other tractsJ upon the purchase sire? made by them under the tren.ty of 183-j was to Ycst in the trtbe a. fee-simple title 1\Ir. TOWNSHEND. I will take only fi,·e minutes. to ~aid tract. This tribe did not hold this tract of land by the ordinary Il'\dian Mr. HILI;. Then, Ur. Chairman, I will now yield five minutes to title, which is one of occupancy only, which may be continued indefinitely. · In such case the fee simple to the land is in the United States. The effect of the gentleman from Illinois, as he can not be here next Saturday, and this !!nle was to sepamte distinctly the tract from the public lands of the United the remaining .ten minutes of my time I reserV"e for myself. S!ates and Yest it in private ownership. Mr. TOWNSHEND addressed the committee. [See Appendix.] The Cherokee title was also p:1ssed upon by the Supreme Court of Mr. SPRINGER. Mr. Chairman, I think unanimous consent had the United States in the-case of Holden t:s. Joy, decided at the Decem better be given generally for gentlemen to extend their remarks upon ber term, 1871. (17 Wallace, page 211.) In its opinion the court says: this bill irl the RECORD. • Evidently, therefore, the Cherokees were competent to make the sale to the • The CHAIRMAN. In the absence of objection it will be so ordered. United-Stntes, and to purchase the lands agreed to be conveyed to f.hem by the Mr. BLAND. What provision is made for disposing of these la.nds. Fecond article of the treaty. Both parties concede that tile title of the United States to the tract known as the Cherokee neutral lands was perfect and com l\1r. HILL. The bill provides for the sale of these lands at $1.25 an plete. nnd that the tract includes the lnnd in controYersy. acre, and it also provides that the proceeds of the sale shall be given Title to that tract was acquired by the United States as a part of the Louisiana to the IndiaiL'\. purcha.se from the French Hepublic. By the treaty between the United States nnd the French Republic of April 30, 1803, the chief executive officer of that re Mr. BLAND. Will not that give au opportunity for these syndicates public ceded the said territory to the United States, with all its rights and ap- to buy up the whole territory. purtenances, foreYer. (8 Stat. at Large, 200.) · · · Mr. HILL. No, sir. If the gentlemen will r.ead the bill he will When the President took possession of the territory the absolute fee-simple title and right of sovereignty and jurisdiction becrune vested in the United States see that each person can get only 160 acres, and that it must be for as the successor of the original discoverer, subject only to the Indian title and actual settlement. · · right of occupanc;)lllli; unh·ersally acknowledged by nll t)»dep!j.rtrnents of our Mr. WEAVER. Personal settlement. Government throughout our history. All ng1·ee that tllfs land then, and for Mr. HILL. . Personal settlement; and the bill further requires :fi.•e many years thereafter, was occupied by the Osnge Indians. On the 2d or June. 1.82.5, the Osage tribes, by the treaty of that date, ceded to the United States all years' residence and cultivation of the land before a patent can be ob- their right, title, interest, and claims to the lands lying * • * west of the tained. · . · Stat-e of Missouri, with such reservations and for such considerations as are SPRINGER. Mr. Chairman, the gentleman from New York therein specified, which, it is conceded, e~tinguished forever the title of the Osage Mr. Indians to the neutral lands. (7 Stat. at Large, 24.0.) • rMr. BAKER] desired to proceed with some remarks this evening, but . it is quite late, and I suggest, if ih will suit him as wel1, that the com Mr. STRUBLE. · I desire to ask the gentleman a question. Is it not Jllittee llad better rise. true that the case to which he re1ers in'"olved only the title to part of Mr. BAKER. I think I must proceed now, Mr. Chairman. the 800~000 acres of land lying in the State of Kansas, to which there Mr. SPRINGER. If the gentlem..'\ll desires to proceed, of course I had been a subsequent treaty between the Cherokee Nation and the have no objection. 'Ve wish to have a vote on the bill on Saturday United States which authorized this sale out of which the controversy next, and the number of gentlemen desiring to speak makes it perhaps arose? · necessary for some to speak to-day. 1\Ir. BAKER. Very true; but it also involved the question of the Mr. BAKER. Mr. Chairman, the importance of this question, i.n my title of the Cherokees to Oklahoma, or the lands now possessed by them judgment, is such that I desire to urge upon the members of the com in the Indian TelTitory. mittee that they shall take the .trouble to read carefu:My the bill now 1\Ir. STRUBLE. Not by direct issue i.n the suit. under consideration and the reports both of the majority and the mi Mr. BAKER. No; but the ct>urt goes on to- say: nority of the Committee on Territories. This subject has recei>ed a Possessed as the United States were of the fee-simple title to the neutrallanas. discharged of the right of occupancy by the Osa.ge Indians, it was clearly com large portion of the attention of the committee during several months petent for the proper authorities of the United States to convey the same to the -past, and it is one which I think deserves the careful consideration of Cherokee Nation. Subsequent acts of the United States show that the stipula ever member of the House. Intelligent action upon it demands that tions, covenants, and agreements of the treaty in question were regarded by all the Departments of the Gm·ernment as creating binding obligations, as fully it shall receive such attention and consideration, and I desire to sub appears from the fa • • • 1886. CONGRESSIONAL RECORD-HOUSE. 406.9 nnd it may well be held that if that condition reduces the estate conveyed to In compliance with your request for a. report upon said lands, in view of the less than a fee, it is void; but it is not necessary to decide that point, as it is representations contained in this circular, I have the honor to state as follows: clear that if it is valid, it is a condition subsequent, which no one but the grantor 1. There are no lands in the Indian Territory open to settlement or entry by in this case can set up under any circumstances. (4 Kent Com., 127-130; Cooper n:eedmen, or by any other persons, under any of the public-land laws of the t~s. Roberts, 18 How., 181; Keneeth vs. Plumer, 281\Io. 145.) United States. 2. There has never been a period of time since the acquisition by the United It appears, therefore, that the title was thus assured by this Govern States of the territory ceded by France that any of the lands embraced within ment through Congress, by executive action, and under treaty cove the limits of the present Indian Territory have been open to settlement or entry by any persons whomsoever under any of said public-land laws. nants in .the most solemn manner, and the faith of the United States 3. The lands to which the United States holds the legal title,within the Indian pledged in relation to the government to be created by the Cherokee Territory are reserved lands by treaty stipulations and acts of Congress, and are Nation over tt in the following terms: not, and never have been, public lands subject to general occupation. 4. The entire Indian Territory, including the lands therein to which the United The United States hereby covenant and agree that the lands ceded to the Cher States holds the paramount title, is "Indian country," as defined by the firs~ sec okee Nation in the foregoing article shall in no future time, without their con tion of the act of Congress of June 30, 1854 (4 Stat., 729), which act prohibits sent, be included within t.he territorial limits or jurisdiction of any State or Ter unauthorized settlements in such countr~, and provides for the employment of ritory; but they shall secure to the Cherokee Nation the right by their national the military forces to prevent the introduction of persons and property contrary councils to make and carry into effect all such laws as they may deem neces to law, and for the apprehension of every person who may be in such country sary for the government and protection of the persons and propert.y within their in violation oflaw (Revised Statutes, sees. 2111-2157). own country belonging to their people or such persons as have connected them- ThelndianTerritorycomprisesaremainingportionoflandsoriginallygranted selves with them. · to, or reserved for, the use of certain Indian tribes, and constitutes a district cre ated by the act of Congress of l\1ay 28,1830 (4 Stat., ill), for the removal thereto By the treaty of1866 it was also agreed "that the judicial tribunals of of Indians from other localities. the [Cherokee] Nation shall be allowed to retain exclusive jurisdiction The Territory is specifically described by geographical boundaries in the in all civil and criffiinal cases arising within their [the Cherokee's] twenty-fourth section of the intercourse act (4 Stat., 733), bz.'Yhichact it was at tached to the western judicial district of Arkansas for ju~l purposes. (Re- country in which members of the nation, by nativity or adoption, shall vised Statutes, sec. 533.) · be the only parties, or when the cause of action shall arise in the Cher None of the land laws of the United States have ever been extended over said okee Nation, except as othe~wise provided in this treaty." (14 Stat Territory, nor have any other general laws of the United States been so ex tended, except the criminal laws and the laws regulating intercourse with In utes, page 803.) dian country. For nearly :fifty years this title has received doe recognition by, and Prior to 1866 the whole area of the Indian Territory, except n small portion in express approval of, the Executive Departments of the Government the northeast corner, which belonged to the Senecas, Shawnees, and Qunpaws, was embraced in the grants made and patented to the Cherokee, Choctaw, and and the courts. Their existence has been and is recognized as ''a Creek Indians under the treaties with said tribes, respectively. domestic Territory-a Territory which originated under our Constitu The several treaties under which the title of the United States was conveyed tion and laws." (Mackey vs. Coxe, 18 Howard, page 100.)· to said tribes are as follows: As late as January 3, 1885, the then Secretary of the Interior, in a CHEROKEE TREATIES. letter to the Senate (see Executive Document No. 17, second session l\1ay 6, 1828, 7 Statutes, page 310. • February 14, 1833, 7 Statutes, page 414. Forty-eighth Congress), among other things. said: . December 29, 1835, 7 Statutes, page 478. The Cherokees have a fee-simple title to their lands, and they do not recognize Patent issued to the Cherokee Nation December 31, 1833. the right of the Depart-ment to interfere in the managementoftheiraffairswith reference thereto. Patent was issued to this nation of Indians December 31, CHOCTAW TREATIES. 1838, for their lands in th9 Indian Territory, under the provisions of articles 2 October 18, 1820, 7 Statutes, page 210. and 3 of the treaty of 1835 (7 Statutes, 428), and in accordance with the terms of January 20, 1825, 7 Statutes, page 234. the act of May 28.1830. (Id., 412.) September 21, 183C, 7 Statutes, page 333. "The land is theirs and they have an undoubted right to use it in any way Patent issued to the Choctaw Nation March 23, 1842. that a white man wo~d use it with the 8ame character of title, and an attempt to deprive the nation of the right would be in direct conflict with the treaty as CREEK TREATIES. well as the plain words of the patent. They are quite capable of determining, January 24, 1826, 7 Statutes, page 286. without the aid of the Interior Department or Congress, what is to their a.d"an March 24, 1833, 7 Statutes, page 366. tage or disadvantage, and the Government can not interfere with their rightful February H, 1833, 7 Statutes, page 417. use and occupation of their lands, which are as rightfully theirs as the public Patent is!!ued to the Creek Nation August 11, 1852. domain is that of the United States, subject only to the provisions of article 16 of The treaties with the Senecas, Shawnees, and Quapnws were the treaties, re the treaty of 1866,which at most is only a contract to sell certain portions of the spectively, of February 28, 1831, 7 Stat., 348; July 20, 1831, 7 Stat., 351; and May land; but until the Government settles friendly Indians thereon and pays for the 13,1833,7 Stat., 424. ' . land, the right of possession and occupancy is especially reserved. By agreements approved by the .United States the Choctaws conveyed a por- , "Under provisions of the treat.y of 1835 the Cherokees adopted a constitution tion of their lands to the Chickasaws, and the Creeks in like manner conveyed and organized a government, not on f.heplanofthe former ,Indian government, a portion of their lands to the Seminoles. but on a plan very nearly resembling that of the several State governments. '.rhe titles of the several tribes under the foregoing treaties and agreements This-constitution provides for an elective chief and the election of members of were subject to the follo,ving conditions: the council and house of representatives. First. That the land should not be con>eyed by them except to the United "The right of the Cherokee Nation to control its property is especially guar States. anteed by the provisions of article 5 of the treaty of 1835, and the subsequent Second. If the Indians abandoned the land, or became extinct, the lands were treaties. This is especially the case in the treaty of 1866, as may be seen by ref to revert to the United States. erence to article 16 of that treaty, wherein it is stipulated that the lands to be It was stipulated by the United States that the Indians should be'protected in taken by the United States to settle friendly Indians on sllould be paid for at their homes and lands against all interference by any person or persons. such price as the Cherokees and such friendly Indians might agree on, subject The treaties by which the United States reacquired title to any of the lands in to the approval of the Preaident of the United States. The rights reserved to the Indian Territory, or obtained the condit.ional .right to control the disposal the United States are clearly expressed in the several treaties, and the right of c-f any bf said lands, were the treaties with the Seminoles of March 21, 1866; with the United States to control the Cherokee property and prevent the nation from the Choctaws and Chickasaws of April 28,1866; with the Creeks of June 14, having the full and absolute. control of the products of these lands is noti even 1866; and with the Cherokees of July 19, 1866. suggested. On the contrary, the Government guarantees, in article 26, as fol- By the third article of the treaty with the Seminoles (14 Stat., 756), said Indians lows: ~ "• The United States guarantee to the people of the Cherokee Nation the quiet d~~f~~ ~~ ~~ ~r:;~~~ ~~\e:s ~~~~~i~~t~:!~';.ll~!!aa."ndd ~:!~~~~~~~~~~.~~the and peaceable possession of their country and protection against domestic feuds In compliance with the same desire, the Creeks, by the third article of the and insurrections and against hostilities of other tribes. They shall also be treaty with that tribe (H Stat.; 786), ceded about 3,200,000 acres to the United protected against interruptions or intrusion from all unauthorized citizens of States, "to be sold to and used as homes for su9h other civilized Indians as the the United States who may attempt to settle on their lands or reside in their United States may-choose to settle thereon." territory. In case of hostilities among the Indian tribes the United States agree The freedmen referred to were the former slaves of Indian tribes. The treaty that the party or parties commencing the same shall, so far as practicable, make stipulations, as uniformly understood and construed, have no application to any reparation for the damages done.' other freedmen than the pers~s freed from Indian bondage. They relate ex "The Department has not considered it the duty of the Commissioner of In clusively to friendly Indians and to Indian freedmen of other tribes in the In dian Affairs or the Secretary of the Interior to interfere with the affairs of the dian Territory whom it was the desire of the United States to providewithper Chel"okee Nation, except in the case especially provided for by treaty with that ma.nent homes on the lands ceded for that purpose. nation." The lands reconveyed to the United States by the foregoing treaties are there fore held subject to the trust named. They can be appropriated only to the uses I beg the indulgence of the Honse in this connection also to read a. specified, and to those uses only by the United States, and then only in the man-· letter written by the then acting Commissioner of the La,nd Office, April ner provided for by law. Miscellaneous immigration even by the intended ben eficiaries would be unauthorized and illegal. 25, 1881, having reference to a scheme then being pushed by the so The Choctaw and Chickasaw cession of April28, 1866 (14 Statutes, 769), was by called Freedmen's Oklahoma Association," and the difference between the tenth section thereof made subject to the conditions of the compact of Jtme the movement then attempted and that contemplated under the pres 22,1885 (11 Statutes, 613), by the ninth article of which it was stipulated that the lands should be appl"opriated for the permanent settlement of such tribes or ent bill I leave gentlemen to observe after due consideration. I read bands of Indians as the United States might desire to locate thereon. from Executive Document No. 111, Senate, Forty·seventh Congress, The lands embraced in the Choctaw and Chickasaw cession were also in first session, which is as follows: cluded in a definite district established by the stipulations of the treaty of 1855, pursuant to the act of Congress of May 28, 1830, the United States .re-engaging DEPARTliENT OF THE INTERIOR, GE:!o."'ERAL LAND OFFICE, by the seventh article of said treaty to remove and keep out from t.hat district Washington, D. C., ApriL 25, 1881. all intruders. . Sm: I am in receipt, by your reference, of a copy of a circular purporting to Articles 15 and 16 of the treaty with the Cherokees (14 Stat:, 803, 804) provide be issued by the "Freedmen's Oklahoma Association," promising 160 acres of that the United States may settle any civilized Indians friendly with the Cher land to every freedman who will go and occupy the public lands at Oklahoma. okees and adjacent tribes within the Cherokee country, on unoccupied lands, This circular is signed in the name of J. ::1\Iilton Turner, who is represented as on certain terms and conditions specified in the treaty. "president," and by Hannibal C. Carter, who is represented as "general man These provisions made the United States the agent. of the Cherokees for the ager," of said pretended association. sale and disposal of unoccupied land in the Cherokee cotmtry for the benefit of lt contains a letter from E. C. Boudinot, professing to state the legal charac said tribe, but restricted such sale and disposal exclusively to friendly Indians. ter of the lands to which emigration is invited, and affirming that the same are In pursuance of the stipulations of the foregoing compacts, and in the exer public lands of the United States; that the Indian title thereto has been ex cise of the trus~s assumed by the United States under the sevenu treaties, and tinguished, and that the said lands were,purchased by the United States for the in accordance with specific provisions of Jaw and the lawful orders of the Pres use of freedmen as well as Indians. ident, all the lands in the Indian Territory to which the United States has title The circular decla.res that the freedmen of the United States "have an un have been permanently appropriated or definitely reserved for the·'llses and doubted legal right to enter and settle upon these public lands." purposes named. • • 4070 CONGRESSIONAL RECORD-HOUSE. It is stated in the circular referred to me f~r examination that there nre at the upon the Treasury of the United States, and therefore, like those wild present time a large quantity, to wit, some 14,000,000 acres of public land in this Territory to which the Indian title has been extinguished, and that" these pub tribes, are involved in the great Indin.n problem which now, with such lic lands are surveyed and sectionized, awaiting their intended use, namely, urgency, confronts the Government and people of the United States. settlement and occupation by the freedmen of the UnUed States, giving to each On the contrary, these tribes are wholly outside of that problem. So settler the fee-simple to a homestead of 160 acres." It is essential for the instruction of those who may be uninformed, and neces far as they are concem~d it is contended thn.t the impression that a sary to the protection of those who are sought to be imposed upon, that the mis present necessity or occasion for this legislation exists results, as does leading features and false conclusions of the statements contained in said circu the structure of the bill itself, from momentary forgetfulness of accom lar should be explained and exposed. The main proposition set forth is tha.t there are certain public lands in the plished facts in the history of those tribes. As to them I believe the Indian Territory, and the argument is that the rights of citizens to enter and whole Indian problem, so far us it has any present significance, has been settle. upon the public lands must be the same in that Territory as elsewhere; virtuaJJ.y solved, and solved with eminent good fortune and success. and it is further assertro that colored people are especially protected in such rights as to these particular lands by the assumed purposes for which the lands They are no longer obstad~ to the general advancement of American were acquired by the United States. civilization and progress. ~tis claimed, with no little force, that they That there are lands in the· Indian Territory that belong to the United States are in point of civilization in advance of the average oflargeclassesof in the sense that the United States hold the naked legal title thereto is true; but it is not true that these are public lands within the meaning of the public- whioo as well as colored citizens of the United States. They_are . law land laws. . abiding and peaceable communities, and should not be condemned be The term" public lands" is sometimes 11sed in a general sense to designate C.'\ use other Indians, uncivilized and wild though they be, have shown lands the legal title to which is in the United States, in contrn.distinction to lands that are the private property of individual citizens. It is in this sense no inclinati • 1886. CONGRESSIONAL RECORD-HOUSE. 4071 Q. 8. How many actual settlers have taken public lands during the past year? show how much has been realized from the public lands, and how much How many in lB&i, how many in 1875, and how many in 1865? A. Theonlyway this can be answered is to give the number ofllomesteadand of the public domain remains. · ~re-emption entries, which were- . Of the estimated area of the public domain there has been disposed of to June 30, 1885, as follows: · Acres. Cash sales, including pre-emption, public sales, sales at private [{5\;~~;:~::;::;;:~-;~;:::~:;:~::ii:__ :~~~:~~~~~;:~~~~~:.~:::~:i::_;:~~:i:::~~::::::::::::: :::::: ~~ § entry,&c...... 182, 7frl, 395.17 Under donation acts in Florida, Oregon, Washington Territory, Q. To what extent have the public lands increased in value since the land and New Mexico ...... - ...... 3, 12R, 684. 63 grant railroads were constructed ? Land bounties, military and naval...... 61, 117,56\.1. 22 . A: The o~ly effect on the price to the Government is that within the granted State selections for internal improvements...... 8, 262, 405. 43 limits to ra1lro~ odd-numbered sections' being granted the price of the even Salines (salt springs, &c.) granted to States_ ...... - ...... 559. 965.00 numbered sect10n is put at double minimum, tow it, $2.50, It is not within the Town sites and county seats ...... , ...... 167,871.39 scope of the data. at our command to say how much in real value the lands h ave Railroad land grants patented or certified ...... 55, 000, 000. 00 been enhanced, the price fixed by the Government remaining unchanged ex Canal grants...... 4, 4~4 . 013. 06 cept as above stated. ~t:ilitary wagon-road grants...... 1, 741, 897.59 Q.. 10. Can any estimate be found of the value of the lands granted to rail- 289, 38L en roads? . 2, 96!1, 215.83 A. A reasonable estimate would be an average of i5 per acre, which would i~r~~~~~~~~~~~~~~~~~~:::::·::::i:::::::::::::::::::::::::::::::::::::::~::~ 49,517.4.0 make a grand total of 8775 000,000. Stone and timber lands, act 1878 ...... 935, 4G5. 73 Q.ll. Of this how much have railroads contracted to refund? ' Swamp or overflowea lands to StatP-s selected or patented...... 74, 54(), 8-19. 93 A. None. Under graduation act of 1854 ...... 25,696, 419.73 Q. 12. How much has been paid? Patented for seminaries, agricultural colleges, and schools...... 78, 889, 839. 00 A. None. Homestead entries ...... ~ ; ...... 90, 463, 499. 53 Q. 13. How much, if any, is now in default? 'l'imber-cultnre entries ...... ··-·· 25, 6CfT,546.14 A. The railroads are not under contract to refund any of these lands. When Under desert-land act...... - ...... 3, 487, 248. 20 there is a failure to comply with the terms of their grant it is for Congress to ex i~~ Indiand~ands ...... :...... 5, 000, 000. 00 tend time of grant or declare a forfeiture. neous 1Sposals under vanous acts ... - ...... 30, 000, 000. 00 In the foregoing the area of Alaska (369,529,600 acres) is not included. It is contended that the creation of the proposed Territory and the Total area by sale and grant disposed of to J lJlle 30, 188-3 ... 655, 124, 816. 00 contemplated extinguishment of existing Indian titles would operate By cession to Tennessee...... ·····-·· .....•. -...... 29, 18-!, 500. 00 to make effective certain railroad land grants, at least so far as the same Total area disposed of to June 30, 1885...... 684.308,846.00 ruay have become vested in the corporations concerned. . OI the public domain the area remaining July 1, 1835 was...... 1,16-1,763,741 Deduct area of unsatisfied railroad grants ...... 100,000,000 Is it to ~nable them toderivegreaterrevenue fromthe~e or grazing .A.rea of swamp lands, school lands, private land use of therr pasture lands-lands said to be of little or no value 1or any r cl~ims, &c .. :··:-············---...._...... 87,000,000 other purpose-that this Congress proposes to deprive them of the nd1an and military reservat10ns ...... ~ .. - 139,153,263 rev Area of mountains, lakes, rivers, &c ...... _ ...... 228,490,194 en~e .now derived under the so-called grazing leases, and declare such Deduct area of Alaska ...... 369,529, GOO YOld m advance of due judicial determination as to their rights to-let 914, 175, 057 their lands '' for grazing purposes only? '' Area of public lands subject to be disposed of and sun·cyed It is strongly urged that those lands should be, in due form, opened July 1,1885.-...... 250,590,684 to settlement, that they are needed for "homes for the homeless." Let us look for a moment at our public domain. Even more than the aggregate in the schedule by States just gi ,·en of In the Public Land strip we have 3,672,640acres, over which the laws lands actually surveyed and open to settlement under the homestead of the United States may be, at the will of ConO'ress, extended and and exemption laws. Like my honored friend from Ohio, the able chair which may be opened to settlement by due legat'enactment. ' man of the Committee on the Territories, I deplore the fact that so many We have in the States and Territories, exclusive of the Public Land million acres of the public domain have been squandered in subsidies • strip, and excluding a1so the Indian Territory which contains 40,481,- to railway corporations. I am opposed also to these great land cotpo 600 acres, over 200,500,000 acres surveyed and subject to settlement, rations, into whose ownership and control such vast tracts have passed. as reported to June 30, 1883. I believe it is time for Congress to adopt speedily proper measures for The surveyed and unsold lands lie in the following land States and the protection of the public domain and its preservationforsettlement Territories (estimated June 30, 1883): by our people, and not allow its O'\'Ulership or control to pass into the · Acres. hands of foreigners. It may therefore· be asserted, if done with due modesty, that ~here ~~=;t::::::.:.:_:.:.:::·:.::.::::_:_:_:.:.:.:.::::.:.::.:::::.:.:.:.:.:.:.:::.::.:.:.:.:.::::.::_:_:_:_:.:_::_:_:_::::.·:·:·:·:::::·:::·:·::·::: ~: ~: ~!: ~ is no immediate necessity of forcing the fiye civilized Indian tribes to a voluntary(!) con~enttogiving up to white settlers the homes ''guaran teed to them and their heirs forever'' by the United States. Would it n?t be wiser and f~er to create the commission contemplated by th.e bill reported to thiS Congress by the honorable gentleman from Indiana, Mr. HouiAN, on the 16th of March (Report No. 1076), which I have read with much interest, and defer any legislation of the character con templated by thls bill until such a. commission may open the way through fair ·and open negotiations? [Applause.] Mr. IDLL. I move that the committee rise. The motion was agreed to. The committee accordingly rose; and the Speaker having resumed the chair, M..r. CRISP reported that the Committee of the Whole House TotaL ...... 189, 622, 455.12 on the state of the Union, having had under consideration the bill (H. R. Add estimated area of vacant surveyed land in Southern States: 7217) to provide for the organization of the Territory of Oklahoma, and for other purposes, had come to. no resolution thereon. Acres. Florida...... 2, 083,-191.36 HOUR OF l'!IEETING. 2, 238. 950. 43 ~~~~pc::::::::::::::::::::::::::::::::::::::.:::::::::::::::::::::~::::::::::.::::::::::: 2, 201, 876. 54 Mr. UORRISON. ! -present a. privileged report from the Committee 3, 294, 860. 89 on Rules. I ask that the report be printed in the RECORD and that it ~=::·::::.::::·.·:::.::::·::.·:.::·.:::::::::::~:::::·.::::::·.·.·.:::::::·:.:::::·:.:::::::::::::::: 1, 124,103.71 be laid over. 0 There was no objection, and it was so ordered. Addin~ ih~::::::::::::::::::::::::::::::::::::::::::::::::::::·::.::::·::.".".".".".".'.".:·:::::.::::::::: ~; ~; :J: ~ The resolution referred to the committee was as follows; Aggregate...... : ...... 200, 580, 438.15 Resotved, That on and after Monday next the House of Representatives meet . The est?-mated aggreg_ate of u?Snrveyed land in the public domain at 11 o'clock a. m. on each day. _ The substitute reported by the committee is as follows: 181 exclusive of the. I~d.um Terntory and tJ:>:e Public Land strip, over 850,000,000acres, divided between twenty-eight States and Territories. RP.sol-ved, That on and after Monday, May 10, during the prel;;ent session the House_shall mE7t each day a_t 11 a.m. and adjourn each day at 5 o'clock p.' m.; Mr. SY.fl:IES. Will the gentleman yield to me for a. question? but this resolut1on shall not mterfere with any orders heretofore made for re Mr. BAKER. Yes, sir. ' cess. SYMES. Will the gentleman be kind enough to inform the Mr. The report of the committee is as follows: committee how much of that land is of that character of arable land The Committee on Rules, t-o which was referred a resolution proposing to fix se~er that an industrious can make a living from it for his family? the 'hour of meeting of the ~ouse ~t 11 o'clock on and after 1\Ionday, .April 26, 11fr. BAKER. I will proceed to show the situation as it was on the has had the same under consider&tion, and report back the same with a substi 1st of July, 1885. tute therefor. The substitute proposes that on and after Monday, May 10 the House when Mr. SYMES. Does the gentleman mean he will proceed to show the it adjourns each day, shall adjourn to meet at 11 o'clock a. 'm. on the day fol situation on paper? That will not convey any idea to this House or to lowing, and shall adjourn at 5 o'clock each aftemoon; but this resolution not. the country how much of ~hat land the .Pioneer can settle upon, and to interfer_e with any orders for recess heretDfore made. The busmess of the House has accumulated to such an extent that the com make a home upon, and rruse crops sufficient to support a. family. mittee was of the opinion that it was necessary to add one honr each day to the Mr. BAKER. My object in referring to these statistics has been to titne for its consideration; and it is belie ed by the committee that the designa.- • 4072 CONGRESSIONAL RECORD-SENATE. MAY'3, tion of n. particular hour for adjournment will facilit.ate the traiWtction of busi .Also, memorial of the same, prQtesting against all legislation favoring nes.~. When it is known that the House will be in session until a. certain hour and the admissioJ:! to our ports, free of duty, of all agricultural raw mate will adjourn at that time, it is believed that a. better attendance of members will rials, such as wool, hides, jute, raw sugars, tobacco, &c., and asking for be secured than when th~ hour of adjournment is uncertain. agriculture the same protection that is accorded to other industries-to TAXATION FOR PAYMENT OF PK..~SIONS. the Committee on Ways and Means. Mr. MORRISON. I present anotherprivilegedreportfrom the Com By Mr. GALLINGER: Memorial of Albert D. Spalter, of Rumney mittee on Rules, and ask that the resolution and report be printed in Depot, N. H., praying for a. pension; also, letters from different parties the RECORD and lie over for the present. . urging the granting of a pension or gratuity to said Albert D. Spalt.er There was no objection, and it was so ordered. to the Committee on Pensions. The resolution ~ubmitted by Mr. MORRISON, and referred to the By Mr. HALL: Memorial ofthe General Assembly of Iowa, against committee, is as follows: the passage of an enactment canceling and changing the form of the Resolved, That it shall be in "order when any genern.l bill or proposition to in- indebtedness of the Union Pacific Railroad Company-to the Committee - crease the rates or amounts of pensions or to grant pensions to persons not pre on Pacific Railroads. viously entitled thereto by law is under consideration to amend the same so as Also, memorial of the same, asking Congress to maintain the National to provide by taxation or otherwise for the payment thereof; but no such amendment shall be in·order unless the net revenue provided for shall be thereby Board of Health, and to furnish it with means to discharge its im set apart for the sole purpose of paying such increased pensions. portant duties-:-to the Committee on Commerce. The report is as follows:. By ?tir. LOVERING: Resolution of the Department Convention of The Committee on Rules, to which was referred a proposed amendment to the the Grand Army of the Republic of Massachusetts, favoring an increase rules making it in order, when any general bill or proposition to increase the of pension to those who have lost a band or a foot in the service of the rates or amounts of pensions, or to grant pensions to persoru:~not previously en United States-to the Committee on Invalid Pensions. titled thereto by law, is under consideration, to amend the same so as to provide by taxation or otherwise for the payment thereof, have had the same under con Also, memorial of Messrs. Utley and Boynton and 73 other business sideration and report it back to the House without amendment, and recom- firms of Boston, Mass., engaged in the butter business, representing mend that it be inserted as clause 9 in Rule XXIII. . that a great fraud is being perpetrated by the sale of imitation butter, When it is proposed to permanently increase the annual expenditures of the Government for an unknown or indefinite period, it is the opinion of the com 80 or 90 per cent. going to consumers at the price of, and as, pure but- .. mittee that it should be in the power of the House to make provision at the same ter; and asking for the passage of the Scott or Miller bi.ll, so called, to t-ime for raising the necessary revenue to meet the obligations incurred. This suppress the traffic-to the Committee on Agriculture. - is more especially required in the case of general laws granting pensions. Gen· crallaws increaAing pensions, or granting pensions to new classes of applicants, By Mr. MAT.SON: Petition of L. H. Gamble and 98 others, citizens usually affect a very large number of persons who necessarily rely to a great ex of Morgan County, Iowa, tor additional pension legislation-to the Com tent upon the provision made by the Government for their support, and conse mittee on Invalid Pensions. quently a failure to meet such obligations at the times designated by the statutes would subjecL the pensioners to much inconvenience, and in many cases might By Mr. MORGAN: PetitionofReb~aT.Bowen, ofDeSotaCounty, cause actual suffering. The amendment to the rules, if adopted as recom Mississippi, for reference of her case to the Court of Claims-to the Com mended by the committee, will simply give the House the power to provide the mittee on War Claims. means for the payment of such obligations in case itis found necessary to do so, and while such action may not be required in all cru;es, there may be instances By Mr. NEAL: Petition of Andrew Wassum, of Rhea County, Ten in which laws passed for the benefit of the pensioners would become practically rressee, asking that his war claim be referred to the Court of Claims inoperative unless this power be possess~d by the House. to the same committee. REPRINTING OF REPORTS. By Mr. NEECE: Petition of 100 citizens of Mercer County, Illinois, Mr. SPRINGER. Several members of the House have asked for the praying for the passage of a law embodying the recommendations of report of the Committee on Territories on the pending bill. There- the national committee of the Grand Army of the Republic-to the • por.t is exhausted. I ask that it be reprinted. Committee on Invalid Pensions. There was no objection, and it was so ordered. By Ur. STEELE: Petition of Michael Beckner and others, asking Mr. DUNN. I make the same request in regard to the report on the for free coinage of silver-to the Committee on Coinage, 'Veigbts, and free-ship bill. · Meastires. · There was no objection, and the report was ordered to be reprinted. By. Mr. STEPHENSON: Petition of B. B. George and 28 citizens Mr. KING. I move that the House adjourn. of Taylor County, Wisconsin, praying for the passage of a bill embody The motion was agreed to; and accordingly (at 5 o'clock and 30 min ing the recommendations of the national pension committee, Grand utes p. m.) the House adjourned. Army of the Republic-to the Committee on Invalid Pensions. By. Mr. TOWNSHEND : Papers relating to the bill for increase of pension to Maj. Samuel Johnson, Twenty-second Illinoieinfantry-to PETITIONS, ETC. the same committee. The following petitions and papers were laid on the Clerk's desk, -ByMr.W.IlEELER: PetitionofT. C. Greenhill, ofFrankliu County, under the rule, and referred as follows: Alabama, asking that his claim be referred to the Court of Claims-to By Mr. ATKINSON: Memorial of Grange No. 353, of Pennsylvania, the Committee on War Claims. praying for the suppression of imitation butter and dairy products-to By Mr. A. C.WIDTE: Memorial of Grange No. 17G, ofPennsylvania, the Committee on Agriculture. in favor of a bill to·prevent the sale, &c., of bogus dai.ry products-to Also, memorial of the same, protesting against the admission of for the Committee on Agriculture. . eign agricultural products free of duty-to the Committee on Ways and Also, memorial of the same against the passage of the proposed tariff Means. bill-to the Committee on Ways and Ueans. By l\Ir. BARBOUR: Petition of Maria Gibson, asking compensation By Mr. MILO WHITE:-Resolutions of the Chamber of Commerce of for propert,y taken by the Fedeml Army during the late war-to the Saint Paul, .Minn., relating to interstate commerce-to the Committee Committee on War Claims. on Commerce. By Mr. BARKSDALE: Papers relating to the claim of Wilkins l\I. Also, letter of the Commissioner of Agriculture-to the Committee on Kirkpatrick, of Jackson, Miss.-to the same committee. Printing. By Mr. BAYNE: Papers relating to House bill8249, granting a pen By Mr. WILSON: Petition of George T. Williams, of Hardy County, sion to ?tfary P. Thompson-to the Committee on Invalid Pensions. West Virginia, praying that his claim may be investigated by the Court By Mr. W. W. BROWN: Papers in _tbe claim of Robert A. Mc- of Claims-to the Committee on War Claims. Murray-to the Committee on Claims. _ The following petitions, praying Congress for the enactment of a law By1t1r. BUNNELL: Petitionofdairymenand butter-makers, praying requiring scientific t>emperance instruction in the public schools of the for the passage ofthe ~ill introduced by Mr. ScoTT, to place the manu District of Columbia, in the Territories, and in the Military and Naval fa.cture and sale of imitation butter under the supervision of the Com Academies, the Indian and ~olored schools supported wholly or in part missioner of Internal Revenue Department and tax it 10 cents per by money·from the national Treasury, were presented and severally pound-to the Committee on Agriculture. referred to the Committee on Education: By Ur. J. M. CAMPBELL: Petition of Grange No. 737, of Pennsyl By Mr. SYMES: Of citizens of Pueblo and Modista, Colo. vania, asking for such legislation as will suppress the manufacture and I sale of all imitation dairy products-to the same committee. Also, petition of same, asking that the proposed tariff bill be so amended as to afford to wool and other agricultural products the same ' SENATE. protection that is accorded to other industries-to .the Committee on MONDAY, May 3,1880. Ways and Means. By Mr. DINGLEY: Statements relating to Honse bill7716, granting Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. a pension to Lizzie Brown-to the Committee on Invalid Pensions. By Mr. ELDREDGE: Petition of Mrs. L,ura. D. PaTSons and 6 other THE JOURNAL. ladies of Ypsilanti, Mich., praying for a law to punish seduction of girls The .Journal of the proceedings of Friday last was read. under eighteen years-to the Committee on the District of Columbia. The PRESIDENT pro tempore. If there be no objection the Journal By Mr. FLEEGER: Memorial of Grange No. 570, Patrons of Hus will be approved as read. bandry, of Pennsy I vania, for the passage of bill to protect the dairy in ?Yir. DAWES. I think there is a mistake in the Journal. Mr. JONES, " wrests of the country-to the Committee on Agriculture. of Arkansas, the Journal says, was instructed by the Committee on •