1886. CONGRESSIONAL RECORD-SENATE! 3597
time; and being engrossed, it was accordingly read the third time, and tion, of New York, for the passage of Senate bill No. 52-to the Com passed; there being on a division-aY.es 66, noes 3. mittee on Indian Affairs. Mr. DIBBLE moved to reconsider the vote by which the bill was By Mr. WHEELER: Petition of John W. McGuire, of Lauderdale passed; and also moved that the motion to reconsider be laid on the County, Alabama, asking that his claim be referred to the Court of table. · Claims-to the Committee on War Claims. The latter motion was agreed to. By Mr. WILSON: Petition of J a.cob C. Harper, of Randolph County, ORDER OF BUSINESS. West Virginia, asking that his war claim be referred .to the Court of Claims-to the same committee. Mr. HAMMOND. I move that the House do now adjourn. The following petitions, praying Congress for the enactment of a law 1\Ir. DIBBLE. I will state that these are all the bills which I have requiring scientific temperance instruction in the public schools of the been instructed by the committee to report. Dismct of Columbia, in the Tei.Titories, and in the Military and Naval The motion of Mr. H~IDIOND was then agreed to; and accordingly .Academies, the Indian and colored schools supported wholly or in part (at 4 o'clock p. m.) the House adjourned. by money from the national Treasury, were presented and severally referred to the Committee on Education: PETITIONS, ETC. By Mr. FINDLAY: Of citizens of State of Maryland• . 'l'he following petitions and papers were laid on the Clerk's desk, under the rule, and referred as follows: By Mr. BARKSDALE: Petition of Elias Unger, praying for the ref erence of his claim to the Court of Claims-to the Committee on War SENATE. Claims. By Mr. BRADY: Petition of Lettie Myers, of Prince George County, MONDAY, April 19, 1880. Virginia, asking to be paid for property taken and destroyed by the Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. United States Army during the late war-to the same committee. The Journal of the proceedings of Friday last was rend and approved. Also, peti.tion of citizens of Petersburg, Va., of Prince George and Dinwiddie Counties, Virginia, for road to be built froiu the city of Pe HOUSE BILL REFERRED. tersburg, Va., to Poplar Grove National Cemetery-to the Committee The bill (H. R. 4007) to adn.tit fre~ of duty a certain set of altars for on ~iii ta.ry Affairs. • the Catholic church of Saint John the Evangelist, in the parish of La . By Mr. J. ll. CAMPBELL: Petition of citizens of Blair County,. Fayette, Louisiana; was read twice by its title, and referred to the Com- Pennsylvania, asking for such laws and appropriations as will enable mittee on Finance. , · the National Board of Health to employ all the powers of the Govern ment in the prevention of epidemics and to prosecute investigations . EXECUTIVE COMMUNICATION. tending to improve and preserve the public health-to the Committee The PRESIDENT p1·o tempore laid before the Senate a COIIlDlnnication on Commerce. from the Secretary of War, transmitting, in response to a resolution of By 1\Ir. CLARDY: Petition of citizens of Graniteville, 1\Io., to open January 27, 1886, a report of the Adjutant-General as to the organiza Oklahoma Territory-to the Committee on the Territories. tion and maintenance of the bands of the United States Army; which .Also, petition of Knights of Labor of Festus, Mo., and Saint Louis, .was read. ;Mo., aga~t the free-ship bill-to the Select Committee on .American The PRESIDENT p'ro tempore. The communication, with the accom Ship-building and Ship-owning Interests. panying report,_will be referred to the Committee on Military Affairs .Also, petition of the citizens_of Jefferson County, Missouri, in favor and printed if there be no objection. · of opening Oklahoma Territory-to the Committee on the Territories. Mr. PLUMB. I should be glad to have the report lie upon the table By Mr. EVERHART: Petition of citizens of Chester County, Penn until I can examine it with a view of making some statement to the sylvania, praying for a commission to inquire into the effects of alcoholic Senate concerning it. liquor traffic-to the Select Committee on the Alcoholic Liquor Traffic. The PRESIDENT pro ternpo-'l'e. If there be no objection the order By Mr. D. B. HENDERSON: Petition of J. E. Eldredge and 67 oth to refer will not be made. The Senator from Kansas moves that the ers, c~tizens of Delaware County, Io:yva, urging legislation to tax bogus communication lie on the table. butter-to the Committee on Agriculture. The motion was agreed to. By Mr. HEPBURN: PetitionofNancy J. Cline, of Centerville, Iowa, praying that a pension be gran ted to her; also of 200 citizens of Center PETITIONS AND 1\IDIORI.A.LS. ville, asking for the same-to the Committee on,Invalid Pensions. The PRESIDENT pro tempore. The Chair presents a preamble and · By Mr. J. T. JONES: Petition of Local Assembly No. 4033, Knight:Q resolutions of the United Labor League of .Am ·ca, tendering their of Labor, at Whistler, .Ala., asking for the passage of the Blair educa thanks to Mr. Gladstone for his home-rule measure to Ireland. and ask tional bill-to the Committee on Education. ing the Senate to pass a vote of thanks to him for the measure; also By Mr. MITCHELL: Petition of the Woman's National Indian As asking that the preamble and resolutions be published in the RECORD sociation of New Haven, Conn.-to the Committee on'Indian .Affairs. for the intbrmation of the Senate. The preamble and resolutions will ByMr.NELSON: ResolutionsofFarmers' .AllianceofGrantCounty, be referred to the Committee on Education and Labor if there be no Minnesota-to the Committee on Commerce. objection. By 1\Ir. OSBORNE: Protest of John Ray aga.inst House bill No. The PRESIDENT pro tempore presented a joint resolution of the Gen 4941-to the Committee on Private Land Claims. eral .Assembly of the State of Ohio; which was referred to the Com Also, resolution of the Board of Trade and Transportation of Cin mittee on the Library, and ordered to be printed in the RECORD, as fol cinnati, Ohio, protesting against the construction of a bridge over the lows: Ohio River-to the Committee on Commerce. Joint resolution relative to the building of a memorial structure at l\Iarietta, By Mr. PEEL: Petition of 60 citizens of Baxter County, Arkansas, . Ohio. asking for the passage of the Blair edueational bill-to the Committee Whereas the acquisition of the territory northwest of the Ohio River, by con quest from the British Crown, was an object of great national itnportance to the on Education. United States; and By Mr. PETERS: Petition of Knights of Labor of Dodge City, Kans., Whereas this acquisition was effect.ed by the wisdom and patriotism of the favoring construction of harbor of refuge at Rockport, Mass.-to the Continental Congress in conducting the affairs of the Confederacy through the memorable Revolutionary struggle, and also to the valm;, endurance, and Sa ~· MORRILL presented a petition of canners and exporters of Bos He also presented additional papers to accompany the bill (S. 675) for ton, l.fass., a petition of the Atlantic Refining Company and other firms the relief of E. B. McPherson, jr.; which were referred to the Commit· of Philadelphia, Pa., a petition of the Board of Trade of Kansas City, tee on Claims. · Mo., and a petition of the Board of Trade of Baltimore, Md., praying Mr. COCKRELL. I pre.~ent a memorial similar to the one presented for the repayment in full by the United States of duties originally paid by my colleaaue [Mr. VEST], signed by the Stamford Manufacturing on imported material when manufactured and exported; which were Company, S. V. & F. P. Scudder, Weaver & Sterry, limited, Young & referred to the Committee on Finance. Smylie, and Mellor & Rittenhouse, of Saint Louis, Mo., remonstrating Mr. WILSON, of Iowa, presented a joint resolution of the General against the passage of House bill 2522, in regard to ihe rebate on to Assembly of Iowa; which was read, and ordered to lie on the table, as bacco. I move that the memorial be I·eferred to the Committee on follows: - Finance." Concurrent resolution. _ • The motion was agreed to. · Be it resolved by the house of representatives of the State of Iow'a (the senate con Mr. COCKRELL presented a memorial of the board of directors and curring) 'l.'hat our Representatives in Congress be requested and our Senators instruct~d to use all proper means within their power to procure the speedy transportation committee of the Board of Trade of Kansas City, Mo., passage of the bill known as the "Cullom bill, regulating interstate ~mmerce," remonstrating against the amendments proposed by the merchants of and to protest against the amendment thereto proposed !>Y the fre1gh~ bur~u Chicago to the bill (S. 1532) to regulate commerce, known as the Cui· of Chicago, abrogating car-load rates, which are so essenhal to the busmess m terests of the State of Iowa. 1om bill; which was ordered to lie on the table. Resolved, That a copy of this resolution be forwarded to each of our Represent He also presented additional papers to accompany the l;lill (S. 210) atives at Washington by the secretary of state, duly attested. for the relief of Charles P. Chouteau; which were referred to the Com STATE OF IowA, Polk C'ottnf.y, ss: mittee on Claims. I hereby certify that above resolution has passed both branches of Twenty Mr. WILSON, oflr1aryland, presented memorials of Knights of Labor first General Assembly. FRANK S. RICE, Assistant Olel'k. of Baltimore and Westernport, in the State of Maryland, remonstrating against the passage of the free-ship bill; which wero referred to the Com I hereby certify that the foregoing is a true and correct copy of the original concurrent resolution of the Twenty-first General As_sembly as the same ap mittee on Commerce. pcru:s on file in thL'l office. REPORTS OF COliMITTEES. In witness whereof I hereunto set my hand and affix the great seal of the State. Done at the ('.a,pitol, in Des Moines, this 14th day of April, A. D.l886, of the Inde Mr. HOAR. I am directed by ~e Committee on the Judiciary, to pendence of the United States the one hundred and tenth, and of the State of whom was referred the bill (S. 1985) to provide for inquests under na l HOUSE PENSION· BILLS. A11IENDME..l~T TO DISTRICT .APPROPRIATION .BILL. A message from the House of Representatives, by Mr. CLARK, its Mr. CALL submitted an amendment intended to be proposed by him Clerk, announced that the House had passed the following bills; in to the District of Columbia appropriation bill, appropriating $151000 which it requested the concurrence of the Senate: for the Homeopathic Hospital and $15,000 for the Providence Hospital; A bill (H. R.1627) granting a pension to Annie Bagley; which was referred to the Committee on Appropriations, and ordered A bill (H. R. 1766) granting a pension to Mary A. Shannon; to be p~inted. A bill (H. R. 1768) granting a pension to James Wolfe; COMMITTEE SERVICE. A bill (H. R. 1818) granting a pension H. L. Kyler; A bill (H. R. 3054) granting a pension to Sylvester Root; Mr. HARRIS was, on his motion, excused from further service upon · A bill (H. R. 3166) granting a pension to Solomon Messer; the Committee on Fisheries. A bill (H. R. 3741) granting a pension to Emeline Roberts; lli. P A1.'NE was, on his motion, excused from further service upon the Committee on Pensions. A bill (H. R. 3972l granting a pension to Sanford C. Willhoite; A bill (H. R. 4145 granting a pension t{) Maria Kile; Mr. GEORGE was, on his motion, excused from further service upon the Committee op. Privileges and Elections and upon the Committee A bill (H. R. 4229 granting a pension to Charlotte Algier, widow of on Territories. · Samuel AJgier; . A bill (H. R. 4382) to increase the pension of John F. Chase; ~fr. EusTIS was, on his motion, excused from further service upon A bill (H. R 4544) granting a pension to Ann E. Cooney; the Committee on Railroads. A bill (H. R. 4699) granting a pension to Martin Jacoby; Mr. W ALTHA'LL was, on his motion, excused from further service upon the Committee on 1\fanufacturcs. A bill ~H. R. 4730) for the relief of Mary Murphy; · A bill H. R. 4797) granting a pension to Robert H. Stapleton; .Mr. BECK was, on his motion, excused from further service upon the A bill H. R. 5283) granting a pension to Larkin G. l\Iead; Select Committee to Inquire into Claims of Citizens ofthe United States A bill (H. R. 5329) granting a pension to.William Antes; against the Government of Nicaragua. A bill (H. R. 5435) granting a pension to David L. McDermott; Mr. BECK submitted the following resolutions; which were consid A bill (H. R. 5472) to increase the pension of Henry Brooks; ered by unanimous consent, and agreed to: A bill {H. R. 5622) granting a pension to Allen P. Jacobs; Resolved, That Mr. HEARST be appointed a member of the Committee on Rail roads, of the Committee on Manufactures, of the Committee on Fisheries, and A bill (H. R. 5643) granting an increase of pension to Charlec:! F. of the Select Committee to Inquire into the Claims of Citizens of the United States Ward; · against Nicaragua. A bill (H. R. 5761) granting a pension to Margaret J. Reighter; .Resolt;ed, That l\Ir. WILSO:s-, of Maryland, be appointed a member of the Com~ A bill (H. R. 5899) place the name of Robert Beard on the pen mittee on Pensions; that 1\Ir. EusTIS be appointed a member of the Committee to on Privileges and Elections; and that Mr. GRAY be appointe~ a member of the sion-roll; Committee on Territories. 3600 CONGRESSIONAL RECORD-SENATE. APRIL 19, MESSAGE FROM THE )lOUSE. HOUSE BILLS REFERRED. A mes...~e from the House of Representatives, by 1tfr. CLARK, its The following bills from the House of Representatives were severally Clerk, announced that the House had passed the following bills: read twice by their titles, and referred to the Committee on Public A billlS. 211) for the relief of Alexander Smiley; Buildings and Grounds: · A bill S. 231) granting a pension to Jennette S. Kent; A bill {H. R. 868) appropriating money for the completion of the A bill S. 283) granting a pension to Isaac N. Minshall; . public building at Frankfort, Ky.; · A bill (S. 481) authorizing the partition of cel'tain land in Louisville, A bill (H. R. 2410) for the addition of a third story to the public Ky., belonging jointly to John Echols and the Government of the United building in Dallas, Tex. ; · States; A bill (H. R. 4498) authorizing an additional appropriation of $25,- A bill (S. 813) granting a pension to Mrs. Rebecca Miller; and 000 for the court-house at Keokuk, Iowa, to make the same fire-proof; · A bill (S. 880) granting the right of way to the Schuylkill River East A bill (H. R. 4503) to authorize the Secretary of War to permit the Siae Railroad Company through the arsenal and naval asylum grounds CalTollton and Lock No. 1 Turnpike Road Company to locate and con at Philadelphia, Pa. struct its road on land belonging ~ the United States at lock No. 1, on The message also announced that the House had passed the follow the Kentucky River, in the State of Kentucky; ing bills; in which it requested the concurrence of the Senate; A bill (H. R. 5097) to regulate the use of the grounds of the Wash A bill (H. R. 868) appropriating money for the completion of the pub- ington National Monument., known as public reservation No. 3, in the lic building at Frankfort, Ky.; . ·· city of Washington, D. C.; A bill (H. R. 914) for the reliefof.1tfrs. FannieS. Conway; A bill (H. R. 6873) relating to the construction of public buildings; A bill (H. R. 1185) for the relief of Emma H. Fish; A bill (H. R. 6980) making an a.ppropriation to complete the public A bill (H. R. 1280) to authorize Frank W. Hunt to erect and main building at Jackson, Tenn., and to reappropriate an unexpended bal tain a ferry across the Missouri River at the military reservation of Fort ance therefor; ·and Buford, Dakot-a Territory; · A bill (H. R. 7467) to grant for the use of the public a street across A bill (H. R. 1982) for-the relief of John Fraser; the United States grounds in the city of Chattanooga, in the State of · A bill (H. R 2357) for the relief of H. H. Faulkner and Mary Wood- Tennessee. lee; ' The following bills were severally read twice by their titles', and A bill (H. R. 2397) for the relief of Thomas F. Purnell; referred to the Committee on Military Affairs: A bill (H: R. 2410) for the addition of a third story to the public A bill (H. R. 1185) for the_relief of Emma H. Fish; and building in Dallas, Tex. ; A bill (H. R. 7643) for the relief of Capt. John Burkhart. A bill (H. R. 2522) to authorize the establishment of export tobacco The following bills were severally read twice by their titles, and re- manufa-ctorieS, and for drawback upon imported articles used inmanu ferred to the Committee on Claims: facturing exported tobacco; A bill (H. R. 914) for the relief of Mrs. FannieS. Conway; and A bill (H. R. 4498) authorizing an addi~ional appropriation of $25,- A bill (H. R. 2397) for the relief of Thomas F. Purnell. 000 for the court-house at Kookuk, Iowa, ·to make the same fire-proof; The following bills were severally read twice by ·their titles, and re A bill (H. R. 4503) to authorize the Secretary of War to permit the ferred to the Committee on Finance: Carrollton and Lock No. 1 Turnpike Road Company to locate and con A bill (H. R. 1982) for the relief of John Fraser; struct its road on land belonging to the United States at lock No.1, on A bill (H. R. 2357) for the relief of H. H. Faulkner and Mary Wood the Kentucky River, in the State of Kentucky; lee; . . A bill (H. R. 5097) to regulate the use of the grounds of the Wash A bill (H. R. 2522) to authorize the establishment of export tobacco ton National Monument, known as public reservation No.3, in the·city manufactories, and for drawback upon imported articles used in man- of Washington, D. C; ufacturing exported tobacco; and • A bill (H. R. 5891) to authorize a patent for the south half of the A bill (H. R. 4232) to reimburse the National Home for Disabled southeast quarter of section 34, in township 22, of range 15, east of the Volunteer Soldiers for losses incurred through the failure of the Ex sixth principal meridian, to EJizur B. Hall, as administrator of the es change National Bank of Norfolk, Va., and for other purposes. tate of William Frederick Schlagel; The following bills were severally read twice by their titles, and re A bill (H. R. 6873) relating to the construction of public buildings; ferred to the Committee on Commerce: A bill (H. R. 6980) making an appropriation to complete the public A bill {H. R. 1280) to authorize Frank W. Hunt to erect and main building at Jackson, Tenn., and to reappropriate an unexpended bal tain a ferry across the Missouri River at the military reservation ef ance therefor; Fort Buford, Dakota Territory; and • · · A bill (H. R. 7467) to grant for the use of the public a street aeross A bill (H. R. 7892) authorizing the use of the Louisville and Port the United States grounds in the city Of Chattanooga, in the State of land Canal basin upon certain conditions. · Tennes8ee; · The following bills were severally read twice by their titles, and re A bill (H. R. 7643.) for the relief of Capt. John Burkhart; ferred to the Committee on the Judiciary: A bill (H. R. 7650) to remove the political disabilities of I. G. Flour- A bill (H. R. 7650) to remove the political disabilities of I. G. Flour noy, of Mississippi; .. · noy, ofMississippi; and A bill (H. R. 7881) to remove the political disabilities of Thomas R. A bill (H. R. 7881) to remove the political disabilities of Thomas R. Ware, of Virginia; and · Ware, pfVir~. . A bill (H. R. 7892) authorizing the use of the Louisville and Port The bill (H. R. 5891) to authorize a patent for the south half of the land Canal basin upon certain conditions. southeast quarter of section 34, in township 22, of range 15, east of the EXlWUTIVE SESSION. sixth principal meridian, to Elizur B. Rail, as administrator of the es tate of William Frederick Schlagel, was read twice by its title, and The PRESIDENT pro tempore. If there be no further morning busi referred to the Committee on Public Lands. · ness, the Calendar is now in order. Mr. McPHERSON. I move that the Senate adjourn. Mr. FRYE. I move that the Senate proceed to the consideration of The motion was agreed to; and (at 4 o'clock a_nd 55 minutes p. m.) executive business. ' _ the Senate adjourned. The motion was agreed to; and the Senate proceeded to the considera tion of executive business. Afterfour hours and ten minutes spent in executive session the doors were reopened. CONFIRMATION&. MESSAGE FROM THE HOUSE. Executi'l:e 1w1ninations conjkmed by the Senate April 15, 1886. A message from the House of Representatives, by Mr. CLARK, its INDIAN .AGENT. Clerk, announced that the House had passed a bill (H. R. 4232) tore imburse the National Home for Disabled Volunteer Soldiers for losses Thomas Jennings, of Shawano, Wis., to be agent for the Indians of incurred through the failure of the Exchange National Bank of Nor- the Green Bay agency, in Wisconsin. 1olk, Va., and for other purposes_; in which it requested the concurrence 1\IINT ASSA YER. • of the Senate. Frank F. Claussen, of Louisiana, to be assayer of the mint of the E~ROLLED BILLS SIGNED. United States _at New Orleans, in the State of Louisiana. The message also announced that the Speaker of the House had signed COLLECTOR OF INTERNAL REVENUE. the following enrolled bills; and they were thereupon signed by the President pro tempm·e: · John Whiie..1.ker, of Oregon, to be collector of internal revenue for the district of Oregon. A bill (H. R. 5198) to 1·emove the disabilities of John Taylor Wood, The above confirmation was accompanied by the following report of Louis~na; a:p.d _ A bill (H. R. 5876) for the relief of Dinwiddie B. Phillips. from the Committee on Finance; which was ordered by the Senate to be printed in the RECORD: AMENDMJW.~T TO. .AN .APPROPRIATION BILL. The Committee on Finance have had under consideration the nomination Mr. CALL submitted an amendment intended to be proposed by him (No. 1305) of .John Whiteaker, of Oregon, to be collector of internal r e venue for the distr1ct of Oregon, in place of .John C. Cartwright, suspended, and, so far as to the Post-Office appropriation bill; which was referred to the Com they have been able to obtain the information, they find that Mr, Whiteaker is mittee on Appropriations, and ordered to be printed. a fit and proper person to discharge the duties of the office, and that there are no 1886. CONGRESSIONAL RECORD-HOUSE. 3601 charles or papers on file reflecting upon the character of John C. Cartwright, the position of postmaster of the city of Alexandria, State of Virginia; also, into 11uspended, l\S will appear from the following letter of the Secretary of the the standing and condition of said office at that time and prior thereto. Tre.asury: Among the papers hereto submitted is a copy of a letter dated May 23, 1885, TREASURY DEPARTMENT, ][arch 19, 1886. from me to his excellency the President, which will give you all of the detailed Sm: Your communication on behalf of the Finance Committee of the Senate, facts as gathered by me; also the post-office registered receipt to insure safe dated March 17, 1886, asking "whether or not there are any papers or charges transit and delivery, and the President's receipt for the said letter. Since that on file reflecting against the official or moral character of John C. Cartwright, time the only communication received from the President was his order of sus late collector of internal revenue for the district of Oregon, suspended," is re pension and removal, dated July 6,1885, which I also submit. ceived. I am to-day totally ignorant of the cause of my removal, and know of none In reply theret<> I have the honor to state that, so far as this inquiry relates to save that I am a Republican, and ask at your hands a vindication of my charac a su_o;pension from office, I feel bound by the rules laid down by the President's ter and the manner in which I filled the position intrusted to my care and con recent messagE! to the Senate upon the general subject of such suspensions. fidence, and earnestly desire that the good character that I have always borne But in order that I may surely act within the requirements of the statute relat in a community where I have lived all my life-over fifty years-be relieved ing to the furnishing by this Department of information to the Senate, I beg from the taint and insinuation that I am a rascal and have been turned out. leave to remind the committee that the office referred to has no fixed term at I am, most respectfully, your obedient servant·, tached to it, and to further state that the President is satisfied that a change in DAVID A. WINDSOR. the incumbency of said office will result in mdrbprovement of the public service, lion. 'VILLIAl\I MAHONE, and that the policy of the present administration will be better carried out by Member United States Senate Postal Comm,iUee. such a. change. · ALEXANDRIA, VA., May 23, 1885, Except as the same may be involved in these considerations, no papers con taining charges reflecting upon the official or moral character of the suspended Sm: In a conversation with Hon. JohnS. Barbour, of this State, on the 21st officer mentioned in your communication are in the custody of this Department. instant, I was informed by him that charges had been preferred against me as postmaster of my nati'"e city, Alexandria, Va. I asked him if I would be en Respectfully, )"ours, titled to a copy of them for investigation. His reply was, "pertainly." I im D. MANNING, Seeretm·y. mediately called upon Postmaster-General Vilas, introducing myself, and in Hon. JUSTIN S. MoRRILL, formed him of the conversation and information obtained from Mr. Barbour, and Chairman o( the Senate Committee mLF..inancc. requesting to be furnished with a copy of charges mid the names of my accusers. A resolution, as follows, was unanimously adopted by the Committee on The answer received from the Postmaster-General was, that he did not propose Finance, April 6, 1886, in relation to this and all similar letters: to make his Department a court of inquiry. I then asked him to be allowed to ".Resolved, That the letters of the Secretary of the Treasury to the Committee seethe charges and the names oft he accusers; this he positively declined to do. on Finance, dated March 16, 1886, or subsequently, in relation to the suspension I then asked him if he intended to inaugurate a star-chamber tribunal under of collectors of internal revenue, should be received and held as honest declara civil-ser'"icc reform, to invite and receive charges against officials, to convict and tions made in good faith that there are no charges or papers on file in the De execute without giving them an opportunity of knowing that they were even partment reflecting in any manner against their moral or official conduct or accused, and in all probability by partisans of disreputable characteT; to this character." his -only reply was that it was only necessary for him to know that charges were Under this statement of facts, and the fact that there is no fixed term attached made and that he would act accordingly. I then invited him to an examination to the office of collector of internal revenue, the committee recommend the con- and the standing of my office. '.fhat was, he said, left to the examiners. firmation of Mr. Whiteaker. _ This was all I could obtain in the way of satisfaction, information, or justice from POSTMASTERS. the Postmaster-General. I ~hen informed him that I wa.~ sorry that I should be compelled to call upononeh1gherin authority than himself. I have endeavored M. Eugene Barlow, to be postmaster at Canastota, Madison County, to correctly quote the conversation between the Postmaster-General nod myself, New York. · , and, knowingly, would not misrepresent hi;n. I do, therefore, 1\lr. President, with the great respect to which your exalted position entitles you, make this Bruce Gibson, to be postmaster at Winchester, Frederick County, my appeal. and lay before you the above statement of facts. I desire to say fur Virginia. ther that the administmtion of my office stands nnassailed and unassailable. I The above confirmation was accompanied by ~he following report received my office at the hands of a Republican administration, and whlle I would not out of self-respect violate the proprieties of.my official relations with from the Committee on Post-Offices and Post-Roads; which was ordered an administration of opposite politics, I did not suppose it was intended tore by the Senate to be printed in the RECORD: · - mm·e term officers merely because they were Republicans, and if my removal In this case of Bruce Gibson, nominated to be postmaster nt Winchester, Va., is to be made simply for that reason. I have nothing more to say, as I have no 'Dice John H. Dean, suspended under the P.rovisions of the 1768th section of the concessions to make of my political faith, but if for anY, better cause, then I most Revised Statutes of the United States, it appears- respectfully suggest I certainly have a right to know 1t. I would make no com promise of my political convictions to retain my position, and the man who th\~te';~'!~~:~:. dl'te of Dean:s suspension the statuto~ term h~d yet to. ruu would, in my judgment, is unworthy the respect and confidence of any party. (2} That in response to request made of the Post-Qftice Department for all Surely the highest attribute of a wise and honest 1·uler should be a guarantee papers, embracing charges, recorru;nendations, and petitions on which was based of justice to the most humble citizen, and, Mr. President, I can not believe that one the same, only such papers as relate to the nominee, Gibson, were .furnished. occupying the exalted position of yourself, and upon whom so much depends, (3) That as there can be no charges against the character of D~an or his effi will allow your subordinates to convert the Government Departments into star cient administration of th~. office other than such as may have been surrepti chamber tribunals under the guise of ''civil-service reform," for the purpose of tiously preferred and are held under.c9venant of the Vilas letter, and there is inviting and receiving charges, trying, convicting, and depriving citizens of their no objection to Gibson, the nomination of.Gibson is reported to the Senate with rights upon ex parte evidence. - • the recommendation that it be confirmed. I ask, therefore, respectfully the opportrinity of seeing and meeting my ac cusers and the right of defense. Certainly the humblest citizen is entitled John A. R. Varner, to be postmaster at Lexington, Rockbridge County, to this privilege; otherwise, it can not but appear that I am removed wholly upon political grounds, by secret charges, without an opportunity of defense. Virginia. . . . · I am, most respectfully, - The above confirmation was accompanied _by the following report from DAVID A. WINDSOR, Postmcuter. the Committee on Post-Offices and Post-~oads; ' which was ordered by His excellency GROVER CLEVELAND, the Senate to be printed in the RECORD: Pres-ident United States. In this case of John "A. R. Varner nominated to be postmaster at Lexington, [Registry return receiptsentl\lay25,18S5. Registered number 265from post-office Va., t'ice Charles E. Deaver, suspended under the provisions of the 1768th secticn at Alexandria, Va. Registered letter addressed to Grover Cleveland; Presi- of the Revised Statutes of the United States, it appears- dent, Washington, D. C.] · . \1) That at the date of Deaver's suspension the statutory term of his office had (After obtaining receipt below, the postmaster will mail this card, withou~ yet to run some nine months. cover and without postage, to address on the other side.) . (2) That in rt>J~ponse to request made of the Post-Office Department fo"r all pa (When delivery is made to other than addressee, the f\llme of both addressee pers embracing charges, recommendations, and petitions on which was based and recipient must appear.) the same, only such papers as are recommendatory of the nominee, Varner, Received the above-described registe~ed letter, charging at the same time the unfitness of Deaver, by reason of bad habits and [Addressee.] THE PRESIDENT. non-attention in person to the duties of the office, are given. [Rec.ipient.] THOS. DOLAN. (3) That the nomination of Varner is reported to the Senate with the recom Name of sender, Postmaster, Alexandria, Va. mendation that it be confirmed. REGISTRY RECEIPT. William W. Herb~rt, to be postmaster at Alexandria, Alexandria [Post-office at Alexandria, Va.] County, Virginia. Registered letter No. 265.-Received 1\Iay 25, 1885, of D. A. Windsor, addressed The above confirmation was accompanied by the following report from to his excellency Grover Cleveland (President U.S.), Washington, D. C. - . -.. '~ the Committee on Post-Offices and Post-Roads; which was ordered by DAVID A. WTh""DSOR, P.M. the Senate to be printed in the RECORD: In this case of William W. Herbert, nominated to be postmaster at Alexandria, Va., t1iC6 David A. Windsor, suspended under the proviSions of the 1768th section of the Revised Statutes of the United States, it appears- HOUSE OF REPRESENTATIVES. (1) That at the time of the suspension of Windsor his statutory term of office had yet to run something over one year. 1\!0NDAY, Apr-il 19, 1886. (2) That in view of the persistent 1:efusal of the Post-Office Department to fur nish such papers as may have been filed in other cases of suspension, and on The Housemetatl2.o'clock m. PrayerbytheChaplain, Rev. W. H. which suspensions are pretended to have been made, no request for such papers ~LBURN,D.D. . on which this suspension is pretended to have been made was preferred. (3) That while the annexed letter of Windsor, addressed to the President, and The Journal of Saturday's proceedings was read and approved. received by him as evidenced by the registered receipt attached, discloses the fact that his suspension was to be made on charges as solicited by the Vilas cir MINORITY REPORTS, OHIO ELECTION CASE. cular letter. it is not believed that any charges were preferred against Windsor affecting either his character as a man or his administration of the office, other Mr. ROBERTSON. 1\Ir. Speaker, I desire to ask consent to have than such as may have been preferred surreptitiously, in response to the Vilas the views of the minority of the Committee on Elections, reported by circular letter. · me in the Hurd vs. Romeis election case, printed in the RECORD. (4) That there is no objection to the appointee. (5) That the nomination of Herbert be reported to the Senate with the recom There was no objection, and it was ordered accordingly. mendation that it be confirmed. The reports are as follows: ALEXANDRIA, VA., February 19,1886. Mr. RoBERTSON, from the Committee on Elections, submitted the following Sm: I most respectfully beg leave, through you, to submit the accompany as the views of the minority: . ing papers, with the facts therein contained, to the honorable members of the The undersigned dissent from the opinion of the majority of the Committee Postal Committee of the United States Senate, ahd ask at their hands an inves on Elections in this case, and submit the following as theviewsof the minority: tigation into the causes and facts relating to my suspension and removal from The returned plurality for the sitting member is 239. To overcome this tho XVII-226 3602 CONGRESSIONAL RECORD-.HQUSE. APRIL 19, . contestant assails the returns in three precincts and asks that the whole vote of "Q. You say that the certificate is false, do you not? each shall be rejected from the count. He also claims that there were cast in "A. Yes, sir. . the city of Toledo a large number of illegal votes, of which he asks that the pre "Q. You knew that the certificate was false to the poll-book when you s1gned cinct where they were cast shall be purged. it did you not? There is no doubt of the power of the House to rejectfor sufficient reasons the '•• A. Yes, sir. entire poll of an election district: In every pr~incf: the ~lection is a ~e~arate •' Q. Then you signed it knowing it was false, didn't you? and independent one._ The machinery for ca.rrymg 1t on IS co~plete m 1ts~lf. "A. Yes. sir." . The election of a precmct when conducted and returned accordmg to .law IS a This testimony is corroborated by one of the other Judges and one of the finished work, which is to be taken by the officer upon whom the law unposes clerks. . . . h th d t that duty and put in its proper place in the general return. But the law looks The falseness consisted lD: thiS, that there were five tickets s ort at e ~n o to a general return made up of precinct returns that are in themse~v~ true, and the count·, and the judges ordered 2 votes to be added to eve~y candidate, has provided that if one or more of these separate elements, of which the struct with no tickets in the box to correspond to the votes so added. · ure of a general re~n .is constituted, ?s untrue_, it .shall be st~cke~ from t~e This of itself is enough to bring discredit npot;l i;his return,_ as no contlden~ count. This results mev1tably from a un1versal prmc;nple governmg alike offic1q.l is to be reposed in the acts of officers who are willing to certify under oath, m acts and private conduct that verity shall never be tmpa.rte~ to falseness. The a. solemn matter of that kind, that to be true which they know to b_e false. But power of rejecting an entire poll has been repeatedly exercised by the House of with this standing alone, while we might hesitate to exclude this whole poll, Representatives by legislative bodies of the various States, and by the courts. we have no doubt on the subject when we consider the conduct of these officers Wlien the vote' of a. whole precinct is rejected, the result is the same as though in other par~culars. · no election at all had been held there, and the vote cast for each candidate will (2) Their irregularities were such as to leave the result in an uncertainty in be deducted from his total vote, or, what is the same thing, the majority returned which it is impossible to ascertain the truerresult. The following are the stat in such precinct will be taken from the aggregate majority of him for whom it utes of Ohio relating to the counting of the vole: wasgiven. · · The principles upon which an entire poll will be rejected are well settled. :'ilf~~l~se ~f the polls thepoll-books shall be signed by the judges and at "To validate an election," says Mr. Lamar in the case of Spencer vs. Jl,forey, tested by clerks, and the names therein con~inedshall becoun~d and the n.um Election, Digest of 187(}-'79, page 447, "there must be votes legally deposited by . bers set down at the foot of the poll-books m the manner herema.fter provided legal voters, and legany co1,1nted, and the ~ult le~y declared." in the form of the poll-books." \Vhen these things are done the Tesult w1ll remam, although there may be Page2957: . . . misconduct on the part of the officers by failing to comply with the provisions "After the poll-books are signed, in the manner heremafter provided for, the of directory statutes. The will of the people will not be disa._Ppointed b_ecause ballot-boxes shall be opened, and the ballots therein contained shall be taken of irregularities which do not prevent the true result from bemg ascertamed. out one at a. time, by one of the judges, who shall read aloud distinctly, while The rule is stated correctly in Covode tJs. Foster, page 600: the 'ticket remains in the band, the name or names thereon coJttained, and then "It has Ion"' been held by all judicial tribunals of the country, as well as by deliver it to the second judge, who shall examine the same and pass it to the the decisions'Or Congress and the Legislatures of the several States, that an en third judge who shall string it on a thread and carefully preserve it, and the tire poll should always be rejected for any one of the three following reasons: same meth~ shall be observed in respect to each of t,he tickets taken out of the "(l) Want of authority in the election board. ballot-box until.the number taken ouli of the ballot-box is equal to the number "(2) Fraud in conducting the election. of names in the poll-books; and any ballots in the box in excess oftb.e number "(3) Such irregularities or misconduct as render the election void." of names on tlie poll-books, together with the ballots strang as aforesaid, shall In Wheelock's case1 82 Pennsylvania State, page 299, it was held: be deposited in the box and locked, and the box and contents delivered to the " Where however, 1t is alleged that there was actual fraud in the election, officer authorized to receive and keep the key or keys, and the box shall1·emain or that th~ ballot-box was tampered with or illegal votes received, or the care locked until the expiration of the time within which any legal nottce of contest less or fraudulent acts of the officers have mixed and confused the ballots, the can be giveti, and if s~ch notice be given shall remain locked until tl1e trial of duty of the court is equally plain, and every legal facility should be afforded to such contest." . . purge the poll and when the acts of t.he officers are so fraudulent and irregnlar The testimony shows that the poll-books were not s1~ed until after votes that the result' can not be ascertained, then the entire poll is rejected." had been counted. (Page 7~ of the record.) This. made. 1t impossible to do the In Finley vs. Bisbee, Digest of 1876-'80, page 76, it is said: counting as the statute prescribed. It was the mtentwn of the law that the "It being conceded, as we have already said, that the returns must be thrown number of the vote should be ascertained before the counting began, in order out on the ground that they are false and forged, and you~ comm~ttee agree~g that the judges might know the number of tickets to be taken out of the box. with that view we are compelled to look to the other eVIdence m the case, m But in this case the number of votes was not attempted to be ascertained until order to ascert~in if possible what the true vote was. If the true vote can be the count bad been finished. ascertained with reasonable certainty, it must be counted. If it can not be so The ballots were required to remain in the ballot-box until the poll-books bad ascertained and determined, then the entire vote of the precinct should be thrown been sianed and the total vote ascertained. Instead of that, immediately ntl.er out, and nothing counted for either conte_stant or contestee." . the polis were closed the ballots were emptied onto the table in the room where These doctrines have been affirmed m many cases, so that 1t can be safely the election had been held, and where-there were twenty-five to thirty people said there is no controversy about them. They may be succinctly stated as fol- present. That the ballots for several hours were·away from the place in which, return of the officers is prima facie evidence of the result of the election under the law, they ought to have been, out of the legal custody ofthe election Io~~~ officers, and expose<:~ to the possibility of being tampered with, is clear. (See in the precinct where it was held. Unassailed it is sufficient to be counted in pages 28-9 and 68-9 oft.he record.) the ascertainment of the general result. It may be impeached by anything The statute required that the judges should take the tickets from the box one which will show it to be untrue in fact or unworthy of credit because of the im by one and read the name on each. Instettd of this, the tickets were arranged proper conduct of the officers of the election. The return is accepted as the act into four piles upon the table, from which the judges counted t-hem by fives. The of sworn officers to whose acts confidence is to be given upon the presumption board also was illegally organized. Two of the judges were Republicans, while that they have r~garded the law and done their duty. But if they are shown to the third Democratic judge was a non-resident of the precinct. We think that have disreo-arded the law and violated the statutes which have been adopted to a fair construction of the Ohio statute t·equires the judge to be a resident of the preserve the purity of the election, then their return shall be rejected, because district in which the election is held. Both clerks were Republicans, while the it is no longer entitled to the credit which is given to acts of officers who have law expressly provides that they should belong to different political parties. done their duty. • From this it will appear that every important provision of the statu~ of Ohio The misconduct of the officers must be such as to make the result uncertam, as to conducting the election and counting the vote was violated. for if notwithstandillg their irregularity, the true vote can be ascertained it shall It would have been singular if this misconduct had not brought confusion be co'unted. But where the condition of the poll is such that the result can not and uncertainty. . be reached with reasonable certainty then the entire poll must be rejected. The testimony of the two judges upon this point is very clear. Upon 1he impeachment of the return the party relymg upon it may show the James Kelley, one of the judges, says (page 29): true vote by other evidence. This may be done by a. recount of the b~ots, or "Q. State whether or not the return, as made up by the officers of the election, by the testimony of the voters, or of any one who was present at the electiOn and stated truly the result of the election in that precinct. is able to establish the true result. When this can not be shown, no vote from "A; Well, that I could not say; the way 1t was mixed up, we could not say the precinct for any of the candidates can be counted. which way it was. The cases therefore 'Show that a return may be rejected and the entire pbll " Q. State, from what you know, w hethe.r or not there was any certainty in the vote as ascertained and counted that day. th;:oWh~~~e return is proven to be false, and no satisfactory evidence is given "A. No; I couldn't give no certainty to it." of the result aliunde. Louis Jahn, one of the judges, says (page 28): 2. Where·tbe irregularities of the officers of the election have been such as to . '' Q. State whether the returns, as signed by the judges, contain a. true state involve the result in w1certa.inty. ment of the votes cast at that election. 3. Where the ballots have been taken from the place where they are required "A. To tell the truth, I do not think none of us could ten what was the true vote by law to be kept and exposed to being tampered with, especially if the testi cast. · • mony shows that they have actually been tampered with. "Q. State whether the return, as made, states the result at that precmct. 4. 'Where general bribery has been practiced in the precinct, rendering it iD?- "A.. It is not the true poll." to possible separate the bribed votes from the honest ones. The rule on thiS The counsel for contestee admitted tha~ the return was not true, but claimed point is clearly stated in the report incase of Goode vs. Platt, D!gestof 1876, page it could be amended by striking off the 2 votes which were added to each candi- 79: "These bribed votes should not be counted. * * * Theu acceptance can only be avoided ]:}y applying the rule of law,so well known. and ·of such general d~t;tbe addition of these votes had caused the uncertainty the:re might be force adoption that it need scarcely be repeated here, that when illegal or fraudulent in the suggestion, but the uncertaiJ:?ty preceded the adding ot: the votes, the ad votes have been proven, and the poll can not be purged with reasonable cer dition being to remove the uncertainty. tainty, the whole vote must be rejected. It is conceded that this act of the judges should not be regarded, and this It is forcibly laid down in the minority report in Donnelly t•s. Washburn, pre- House finds itself in the same position as t.hejudges of the election on the night sented by ex-Speaker Keifer: . of the controversy. . . "The rule undoubtedly is in this country that where bribery, fraud, or intimi The question therefore arises, Has the House evidence sufficient to enable 1t dation is so interwoven with the vote of any voting precinct that it can not be to determine the true result in that precinct? eliminated from the aggregate vote with certainty, the whole vote of the pre It is clear that the return of the judges can not be regarded as evidence. It cinct may and perhaps should be rejected. The unassailed vote on other voting fails as an official act to have any power whatever. It is impeached, and its places would, however, still stand. Fraud and bribery do not vitiate what they prima facie force is destroyed. do not impregnate." Other evidence must be produced to show the true vote, nor should the state Applying these p1•inciples to the facts in this case we think there can be no ment of the officers themselves be accepted. When the official act of one hold difficulty in reaching a conclusion in favor of the contesl:6nt. ing public place is rejected because .he h~s viol~ted t_he law a!ld negle~ted his duty, what he himself says to sus~am .t~lB act IS ~nt1tle~ to httle c_redit-. T~e PRECINCT B, WARD 8, TOI.ll:DO. same evidence which impeaches h1s oftimal acts will also 1mpeach his unoffic1al He assails first Precinct B, ward 8, of the city of Toledo, and asks that the declarations. · whole poll be rejected. ·The vote returned was 325 for contestee and 105 for con The contestee bas failed to put a single witness on the stand to show the vote testant, giving t-o the former a majority of 220. At the last general election pre- of this precinct. He bas not asked a recount of the ballots. He bas not proven a single vote for himself by the producti6n of a voter. ce~~~;~~F~~~i~a~~t\~mp~~~~li~j~~2'b! :e~~~~·on all the grounds It is claimed, however, that the stat em en ts of the j ud~~ and clerk show the which we have shown have been deemed sufficient to warrant the throwing true state of the vote independently of the return. Th1s 1s not true, as a. refe.a: out of entire polls in other cases. ence to the testimony will show. (1) The return is false. As to this there is no dispute. In the at·gument of James Kelley (page 30): counsel for contestee it was conceded. Louis Jahn, page 73 of record, one of "13. Q. Do you remember the nnmbe1• of names that appeaJ;ed on the po!l tho judges of the election, s:J.ys: sheet at (he close of the election as baying voted? 1886. CONGRESSIONAL RECORD~HOUSE. 3603 "A. Four hundred and thirty." during its canvass, is caught in the act of abstracting certain ballots and substi· Page 3i: tuting others, although the number shown to have been abstracted be not euffi. "35. Q. Can you state now how many tickets you put on the string! cient to change the result, yet no confidence can be placed in the contents of a "A. No; I did nqt count them. ballot-box which has been in his custody." "au. Q. How did the number of tickets on the string, then, compare with the In Cox w. Stewart (Digest of 1871-'76, page 428) it is said: ·number that the poll-book showed had voted? "Your committee regard the conduct of the judges of election at this place, in "A. I don't know; I didn't count the votes on the string." leaving the ballot-box for the space ofan hour unsealed and unguarded, as highly Page 31. reprehensible. It is of the highest importance that the ballot-box should be "49. Q. Do you remember how many votes it was finally· declared by you guarded and protected in tha most careful manner; tha.t all the promises of th.e judges that Mr. Hurd had received in tha.t precinct for Representative in Con· law made for the security of the ballot should be strictly obeyed; there should gress? not be the lea.st opportunity for tampering with the ballots. "A. I don't remember now what it was." "It is certainly a serious question whether such an irregularity as this ought; Louis J ahn. (page 73): not to vitiate the election, but your committee, under all the circumstances, "127. Q. The pol,l-book had a certificate to it in~ords as follows: 'It is hereby have not felt compelled to rejectthe entire poll, there being no evidence that certified that lbe number of electors who voted at this election is430,' did it not? the ballot-box was actuallY. t-ampered with, but, on the contrary, there is some "A. I could not tell how many votes was polled: it was over 400. negative testimony that it was not tampered with. Your committee, were there "128. Q. The certiilcate did contain the correct number, did it not? any facts tending to show that the ballot-box has been tampered with, would "A. No, sir; I think not. have decided to reject the return from this poll!" Page 74: . · As we are satisfied from the testimony in this case that these ballots were act- "214. Q. Well, after you had given to Mr. Hurd 2 votes, without examining uaUy tampered with, we are of opinion that for this reason alsothewholevote the tickets to see whether he was entitled t-o them, he had all told 105, didn't of this precinct should be thrown out. . ... he? (4) Upon still another ground the poll of this precinct should be rejected. ".A. I don't know whether he did or not. The testimony sa-tisfies us that there was a conspiracy to corrupt the precinct "215. Q. Look on the tally-sheet and see-- . by money in the interest of contestee, and that it was successfully carried oat. "A. Well, I couldn't tell that this is correct number, that this is the votes The evidence of Gezstmann, (pages ll5 and 128 of the record), shows the plan to which has got on the tally-sheets, cause everything was mixed up." · defeat the contestant and the methods by which it was executed. · Page 76: . He testifies that he was agent of the Republican national committee sent to "220. Q. Now, then, before you made that motion, Mr. Hurd had but 103, didn't Toledo for the• purpose of finding the sentiment of people in certain districts he? • before the October election of 1884. He, being able to speak the Polish and Ger· ".A. Don't know how many he had. I couldn't tell that that was the right man languages, was assigned to this precinct, which was almost entirely inhab- figure before." ited by Germans and Poles. He was deputed to work in this precint by Cap. Page 77: . tain Brown, who was the chairman of the Republican committee in the city of "229. Q. Well, be(ore you made your motion the tally-sheet showed Mr. Ro· Toledo, and also the attorney of contestee in the contest. · meis and Mr. Hurd together to have 426 votes, didn't it? He visited the precinct in pursuance of his instructions and went thr.ough it to "A. It did; but was not the right number of votes-that's where the clerks find the sentiment of the people. He found them all for Hurd. made the mistakes." After some consultation he learned from them that the sentiment might be Page 77. changed by the use of money. They informed him that from two t<> ten thou. "2-34. Q. Well, 1\J\Swerme this now: when the tally-sheet, before your motion sand dollars would be required to change the precinct. was made, showed the aggregate vote of Romeis and Hurd to be only 426, and After having obtained this information he reported to the local committee and there were 431 names on the poll-book, and you claimed there were extra nn· then went to New York to report to the national committee. There he had an counted tickets, why did you not proceed on counting enough ticket& to equal interview with S. B. Elkins, in which he reported the condition and the neces- the number of names on the poll-book? sity of money for this precinct. ".A. It did not show the number of votes. That is where the clerks made the Mr. Elkins said t.hat the election of Mr. Hurd was a nationally important quos. mistakes.'' tion; that he was.a free-trader, and that it was necessary he should be defeated. Page 80. He said also that the money needed would be sent through the regular channels. '' 279. Q • .At the time that those 2 votes were added to each candidate could He was directed to go to Toledo and tell them to do all they could to defeat Hurd. any one tell the exactvotewhichanycandidate had? In the work of his agency, Gerstmann returned to Toledo a. few days before " (Objected to by contestee as calling for an opinion from the witness and being the election. immaterial.) He visited the same persons and places he haq visited before. He found the ''A. No, sir; none of us, judge or clerks, could tell the true number of votes." sentiment. all changed. It was then against Hurd and for the contestee. Mr. Hahn {page ~) : . He learned from the votezs there that the change had occurred through the use "1162. Q. Who counted the ballots? of money; that their wants had been satisfied; and he left Toledo before the ''.A. The judges. · election, as there~asnothing more for him to do. "1163. Q. You do not kn..ow, then, of your own knowledge; how manybal· We call attentidll' to the testimony of Gerstmann on page 128: lots there were? · • "4.. Q. What was said, a.t'your last visit to Toledo before the election, byWarnke ".A. Nothing more than what I stated before. I have to take the judges' and other voters in Precinct B in ward 8, as to money or other consideratioll8 word for that." having been satisfactorily furnished1 to the voten; of that precinct to carry it for There is nothing in this testimony which relieves the precinct from the un· Romeis? · certainty into which the illegal acts of these officers plunged it. "A. From the general conversations with Warnke and others liviog in ·that Kelley does not undel'taketo sayofhisown knowledge how many votes were neighborhood there was no doubt in my mind that money and other materials east. He says he did not count them. He only says that the impeached poll- were furnished to defeat Mr. Hurd in that precinct. There was no further use book showed 430 votes. This proves nothing, as the poll-book speaks for itself, for me, and I lefl; Toledo. My reasoll8 for leaving, no doubt, is from the con and that this is shown by it is not denied. He also states that he does not ra. versations which I had on that subject with Warnke and other voters of that member the vote declared for contestee. precinct. I was satisijed in my own mind that Romeis would carry that precinct,. Jahn, another judge, says that the return did not state truly the total vote; .. notwithstanding at my first visit everything was for Hurd there. Had it not that it was not 430, but something over 400. He also states that 103 was not the been for the use of money and other considerations used in the political ma . . true vote of contestant, and that 426 was not the true number of votes before chinery Hurd would certainly have carried the precinct. ·.: ··the two votes were a-dded to each candidate. But what is decisive upon this "S. GERSTMANN." . · point is hi~ answer when he is asked whether he could tell the exact vote of To corroborate Gertsmann the testimony of Louis Jahn is offered, who swears the candidate at the time of the addition of the two votes. He says : that shortly after the election Henry Gates, the vice-president of the Republican "No, sir; none of us, judges or clerks, could ten the true number of votes." organization in that precinct boasted thllf; he had paid on the night of election Hahn, the clerk, states that he did not count the ballot-s, and knew nothing of at a saloon in that precinct nmeteen1 persons from $'3 toSlO apiece for services as the result, except that the judges told him. · ticket peddlers. In our judgment this testimony fails utterly to relieve this precinct from un- Jahn also heard others say that the money had been so paid. certainty. If the judges, that election night, had signed a certificate stating We think that if the statements of these witnesses are to be accepted as true, that, through their own acts of misconduct, they were unable to ascertain and there can be no doubt that this precinct should be rejected. . declare the true result, they would have told the truth. If there were a. conspiracy to send from $2,000 to $3,000 to a little precinct of less ThisHousehasnomoreevidencetoactupon tbanithad; nor, indeed, as much. than 4.50votes; if the voters werechangedinsentiment, bytheirownconfession, 'Vecan not undertake to do that which theycouldnottruthfullyhave done, and within two or three weeks by the use of this money; if the officers of theRe. we therefore are of opinion that this precinct should be thrown out on the ground publican organization, from the national do"'n to the local committee, inter· of irregularities of the election officers which have rendered the result uncer· ested themselves tocarryoutthisconspiracy,and if the corruption were so open tain. and public that the local Republican manager in that precinct boasted shortly 3. We recommend the rejection of this precinct for another reason. after the election that he had paid unusually large sums for a day's work to After the ballots had been unlawfully thrown upon the table, an informal many more men than the legitimate expense of an election could possibly have count of them was had. This showed seven tickets more than there were names required, it would be an outrage upon justice and fair dealing t-o permit the r~ on the poll-books. Another informal count followed, which showed the same turns from this precinct to be counted. 1·esult, one witness says, and three tickets more, as testified to by another. The only answer made to this evidence by the contestee is that (1) the witness 'Vhen the final count was made they were five tickets short. Thus there dis- Gerstmann is not credible, and (2) that the testimony is not competent, as it is appeared, according to the statement of the judges themselves, between the hearsay. beginning of the count and the end of it, at least twelve tickets. Not only were As to the first part, we reply that Gerstmann declared himself to be the agent the ballots placed in a situation where they were liable to be tampered with, but of the Republican committee to do th,e work to which he was assigned, and they were actually tampered with to the extent of at least 12 votes. This would stated that he was deputed to the special work in this precinct by Mr. Brown, have been impossible if they had been ret-ained in the ballot-box, where they the chairman of the Republican committee the very man ·who was cross-exam were required by law to be kept. · · iuing him. He mentioned the name of Mr. Elkins and Mr. Schenck, two Repub- Counsel for contestee insists that substantial justice will be done by taking lica.n managers, who had engaged him and to whom he reported. How easy it from his majority these 12 votes. We do not so understand the law. Because would have been for one of them to have gone onto the stand and testify that the testimony does not show a tampering with more than 12 ballots, it is not to he was not their agent. · They knew his testimony and realized its importance, be presumed that all the other votes were honestly counted. We think that and yet not one man undertook to contradict him. the presumption is, unless proof is given to the contrary, that the whole vote Neither was there any effort to impeach him. has been corrupted. He who would destroy ballots would not hesitate to make His testimony remains uncontradicted and unimpeached. There is nothing substitutions. After proof of tampeling there can be no confidence in the ballots to affect his credibility, unless it shall be found in his cross-examination, and after remaining, and the whole poll must be rejected, without the most satisfactory the more thorough examination of that we are satisfied that there is nothing in evidence that the tickets counted were the tickets actually deposited by the it to weaken the force of the statement he makes as to the great poi.rits of his voters. testimony. The rule established in such bases is well approved. In Bisbee, jr., vs. Find- The only qt: estion remaining is, Is the evidence competent? ley (Digestofl880-'82, page 180) it is said: · n is said it is not, because it is hearsay. We are not of this opinion. The rule "These ballots can not be entitled to mueh weight as evidence of the result of as to evidence in contested-election cases is stated in Cushing's Parliamentary the election where it has been shown that the acts and conduct of the election Law, section 210: officers are unworthy of credit and their returns set aside. Having created for " The same general rules by which courts of law are governed in regard to themselves, in violation of law and their official oaths, opportunities for tamper- eridence in proceedings before them prevail also in the investigation of cases ing with the box, it is legitimate to infer that they would endeavor to put ballots of contested elect.cions; but inasmuch as a legislative assembly touching things in the box that would suppert the return." · appertaining to its cognizance is 'as well a council ot state and court of equity • In Spencer w.Morey (Digestofl877,page 44.7) the following text from 1\Ic- IanddiscretionasacourtofJawandjustice,'thelegalrulesofevidencearegen· Crary is approved: · erally applied by election committees more by analogy and according to their "If, for example, an election officer, having charge of a ballot-box, prior to or spirit than with the technical strictness of the ordinary judicial tribWials." ,. 3604 CONGRESSIONAL RECORD-HOUSE.· APRIL 19, The testimony ln this case is not offered to prove the bribery of individual vot To show the nature and extent of the intimidation practiced in this precinct, ers, but to show the prevalence of corrupt methods in an election precinct. It we call attention to the testimony of Norman Kelley and the other witnesses. is sought to throw out an election district because of general bribery. If indi 1\Ii·. Norman Kelley (page 308) : vidual acts were to be' proved, the poll could be easily purged by the elimina "Q. Did you have any conversat-ions with any of your men upon the subject tion ofthe bribed votes, which would disappoint the object in view. Jt is as of the contestant's (Mr. Hurd's) candidacy for Congress? though one were attempting to show the general reputation to be bad. You "A. I did. . · can not do this by proof of indiv_idua.l acts of bad conduct• . It must be done by "Q. Did you have any conversation with your employes as to the subject ot proof of what people generally say. When you would impeach a. precinct for .free trade and the effect which its adoption in this country would hM·e upon general bribery you must prove by analogy to the rule of courts of jus.tice the their employment? . · fact in the same way. The general sentiment of a. community, the changing it, "A. I did, so far as my opinion on that question is concerned. and the common reports of the method by which it is done are all facta to bees- "Q. Did you say to your employes, or any of them, that the effect of the a.dop. tablished as any other fu.ct of common reputation. · tion of free trade would be, in your opiniond. to embarrass the business in which In Buck wood Croft,'s Election l\1anual, page 43, Mr. Justice Willes says: Y George P. Bristol (page 98). "A. I did not hear Mr. Kelley say so himself. •· George P. Bristol, being sworn, testified as follows: "Q. Did you hear any one say that lli. Norman Kelley intimidated or at- "Q. State your name in full, residence, and business. tempted to intimidate any one? "A. George P. Bristol; residence, Kelley's Island, Ohio; superintendent for "A. I heard several persons say so in my saloon." norman Kelley & Co. · Homer H. Woodford (p. 153): "Q. How long have you resided on Kelly's Island, n.nd .do you still reside "Question. Stat.e your name, residence, and occupation. there? "Answer. Homer H. Woodford; am a grnj>e-grower and c::trpenter; reside on "A. Since 1860 perman.ently, and I still live there. Kelley's Island. 11 Q. What is Mr. Norman Kelley's business? '' Q. How long haye you lived on the island? 11 A. He is carrying on the stone-quarrying and grape-growing. " A. About forty-four years. "Q. How many men had Mr. Kelley in his employment at the time of the Oo- "Q. Were you on the island at the time of the State election in October, 188(? tob er election, held October 14,1884? · "A. Yes, sir. · • "A. As near as I can recollect, somewhere between fifty and sixty men. "Q. Were you present at the polls on the day qf said election; and, if so, at "Q. Were you familiar and did you meet frequently the men engaged in his what time did you come to the polls, and how long did you remain there? employment? "A. I was there; came at the opening of the polls at 6 o'clock, and remained . "A. I was familiar with them, and met them frequently every day. there until the polls closed, excepting about three hours. "Q. You may statewhat,ifanything, the men employed byMr.Kelleysaid to '' Q. When did these three hours come in? you that Mr. Kelley had said or done to them to influence their vote at the Con "A. From 10 till! in the afternoon. gressional election held in Ocoober last. "Q. Did you see Mr. Norman Kelley at the polls? "(Attorney for contestee objects to this question.) "A. Yes, sir. "A. He had told them that they should not v-ote for 1rir. Hurd, or ought not to "Q. Did you hear ~fr. Norman Kelley make any remarks to nny of Ws em vote for Mr. Hurd. The men told me this. I did not hear Mr. Kelley say this. ployes during said day? "Q. You may state what he said to the men. - "A. Yes, sir. "A. The men told me that Mr. Kelley said to them that they ought not to vote "Q. State, according to the best of your recollection, what the substance or for Mr. Hurd because he was a free-trader, and that free trade would ruin his any remark was which l\lr. Norman Kelley made and to whom he addressed it. business; that if Mr. Cleveland and Hurd were elected that we would have free "A. He addressed the remark to several of the parties that were with him. trade, and he would be forced to discharge some of his men. He told one of the He made the remark to some men that passed along, • You will be one of the men, who told me, that if we had free trade those who voted the Democratic first ones that will have to go.' · ticket would be the first to go. Only one man told me this. "Q. Before said election did you know or hear of Mr. Norman Kelley attempt "Q. Does 1\lr. Kelley take an active interest in political matters? ing to influence any voter to vote the Republican ticket? "A. Not generally. ".A. No, sir. 11 Q. Was he a<)tive in political matters at the time of the October elections, "Q. Can you recollect the names of any of the men to whom Mr. Kelley ad 1884? dressed this remark?· If so, give them. "A. He was on the do.y of election. "A.. One of them was Mr. Casey that was in the crowd together. That is the "Q. You may state what Mr. Kelley did on the day of election. only name I can give; the others I know when I see them. 11 A. I really could not state. I was on the board. There was a large crowd .. Q. How many others were there as you remember? in the room and I was busy writing. "A. Therj:l were four or five as they came back from voting. "Q. In what capacity did you act at that election? "Q. Now, Mr. Woodford, please state wha.t, in your opinion, was the motive "A. Was one of the clerks of the board. of Mr. Kelley in making this remark. · · "Q. At what time did you first notice Mr. Kelley about the voting place? "A. I should suppose it was because they did not vote to suit him; I don't "A. I think he was down and voted early in the morning; am not positive. know what else it could be. That is my opinion. "Q. Did he remain dUTing the day? "Q. Please stfl,te whether or not there was a general opinion in the island that "A. I think not. . Mr. Kelley was attempting to influence his employes. "Q. When did you next notice him around the polls? "A. I have no way of knowing that. "A. It was some time in the afternoon. It may have been 4 o'clock, oritmay "Q. Have you ever heard such a statement made either before or after this have been still later. It was some time late in the afternoon. election? · - "Q. After what time did the men employed by him vote? "A. Yes, sir. "A. I should say between 5 ami 6 o'.clock p; m. "Q. Now, 1\lr. Woodford, please state how it was you happened to be so long '' Q. Did Lester Carpenter or John Woodford, at any time during the day of at the polls on the day of said election. that election, to your knowledge, go to the quarry and request 1\lr. Kelley to "A. I had a cut foot-crippled. come to the polls? "A. I don't know anything about whether t.hey did or not. "Cross-examination by 1\'lr. SCHENCK: "Q.. Do you know whether anybody on that day went to the quarry und made that request? "Q.. You saythatyouneverheard Mr. Norman Kelleyspeaktonnyofhis em ployes about their voting before the election and that all you heard him ·say "A. I do not." 1 Michael Hughes : was after Casey had voted. He said to him, You will be one of the first ones "Michael Hughes, being sworn, testilied n.s follows: to go.' Now, what time of the day was it that Norman Kelley said this to Casey, "Question. State your name in full. and was it inside or outside of the building where the voting took place? "Answer. Michael Hughes. "A. It was not far from 5 o'clockp. m.; it might have been a. little before or~ " Q, State your business and place of residence. little after. This was said to Casey inside the hal.l." "A. Reside on Kelley's Island; my business is fn.rmin~. Jacob Rauft (page 155): " Q. You may state if you were present at the polls at the election held on the "Q. State your name, residence, and occupation. 14th of October last. "A. Jacob Ranft; Kelley's Island; am a cobbler. "A. I was. "Q. How long have you lived on Kelley's Island? "Q. Do you know Norman Kelley? "A. As long as I have lived. ' "A. I do. "Q. 'Vere you in Kelley's Island at the time of the·Ja.st election? "Q. Do you kuow the men in the employ of Norman Kelley? "A. Yes; I voted, "A, I could not say I know them a.U. I know some of them. ;; Q. You ~ean the State election for Congressman, in October, lSSi, do you? "Q. You may state whether Mr. Kelley was present at the voting place at the A. Yes, s1r. election held on the 14th of October last. . . "Q. State what, if anything, you know in regard to Mr. Norman Kelley taking "A. I did not notice him in the forenoon. He wn.s there in the afternoon a. ticket from a voter on the day of said election. pretty much all the time. "A. Well, what I know about is this: l went up to vote some time in the af "Q. You may state what Mr. Kelley was doing at tl.J.e polls that day. ternoon, and I seen Mr. Norman Kelley standing there looking at a. ticket. "A. I did not see him electioneering with anybody but his own men. He stood Whether it was a. Republican ticket or a Democratic ticket I don't know. That's at the door of the hall where they went in t{) vote; told his men he would like all I know about it. I don't know where he went or anybody else. I went to to sec their tickets. Some showed them, some did not. I did not know that he vote. wanted them to scratch anybody but Frank H. Hurd. "Q. Did you, or did you not, see him take the ticket from any person? "Q. Do you know how ?rlr. Kelley came to be at the polls in the afternoon? "A. I did not see bini t..'l.ke it; !don't know whether the man showed it to "A. My reason is, he was very strongly opposed to F'l:ank Hurd's election. I him or he took it; he was looking at it; that's all I saw. do not know any other reason. It was a. very unusual thing to see Mr. Kelley "Q. Give the name of the man. a.t the polls. "A. Anwande1-, I think, was his name." . "Q. Yon may state whether or not Mr. Kelley was >ery bitter in his opposi We think this testimony clearly shows that Mr. Kelley intended to intimidate tion to Mr. Hurd. his employes, that he made the men acquainted with his purpose, and that he "A. He worked very hard against Mr. Hurd with his own men. I objected carried it out by his presence and conduct a.t the polls on election day. once to his electioneering with his men in the building where they were voting. It is urged by counsel for contestee that the proof does not show that; the in-· He told me it was none of my business. I said no more to him." timidation is not shown to have made the result different from what it other A. P . Duysing (page 152) : wise might have been. It was claimed that contestant was bound to prove that "Mr. A. P. Duyeing, of lawful age, being duly sworn, testified as follows: the intimidation compelled the employes to vote for contestee. "Question. State your name, residence, and occupation. We do not think this is the law. We are of the opinion that where intimida "Answer. A. P. Duysing; Kelley's Island; a.m a saloon-keeper. tion is practiced over men sufficient in number to affect the result the burden of "Q. How Jong have you lived on the island, Mr. Duysing? proof is devolved upon him in whose interest the intimidation was dune to show "A. Twenty-six years. that the intimidation did not affect the result. If this proof be not. ~ade the :: Q. Were rou on the islnnd about the time of the Oct{)ber election, 188!? intimidation is so interwoven with the vote that it is impossible to sepurnte ~ith A. Yes, siT. reasonable certainty the good from the bad vote, and the whole precinct must "Q. State what you know, if anything, of any conversations a. bout the time of be rejected. said election in your place of business in regard to any intimidation by any per In Cunningham on Elections (page 184) it is said : son. "Another very important proposition of election law is established by the case, "A. All I know is, I heard some of N orrnan Kelley's men say that he tried to namely: That when the law has been violated and outraged, and intimidation intimidate thEm, but to mention names I can not recollect. That's the truth. organized, the onus is on the respondent of showing thR.t that intimidation and I heard it several times. violence have not produced their natural consequence." "Q. What is your impression as to the time; wn.s it before or after election? In Rogers on Elections (page 240) it is said: "A. Soon after election. "In same case a. petitioner has been called on to show that but for the riot be · ;;Q. Mr. D?ysing, were you at the polls that day? would have been in a maJority-a. course of proof which, even if the-interests of A. Yes, siT. the petitioner and sit.ting member were alQne involved in the inquiry, would "Q. Give the time when you came there, as near as you remember, and state not be satisfactory, but the public bas an interest in protecting the freedom of how long yon remained there. election (Glan., 58,108, 118), which principle is as much violated by the intimida "A. Came there at 6 in the morning and left at half past 6 in the morning. tion and coercion of the minority as of the majority. Besides, by what com·seof ;;Q. Did Y.ou see Mr. Norman Kelley at the polls whim you were there? proof is sucl.J. a. fact to be established? Are voters to be calleoted in a. particular way? "Q. Now, Mr. Duysing, state if you know or heard of Norman Kelley's being How few men have courage voluntarily to admit their want of firmness or: sny at the polls for the purpose of intimidation at said election. trying occasion, and if u.illing to make such admission, who, speaking of his "A. Certainly I heard that. own conduct, can tell how far fear may have influenced it? Besides. if such an "Q. About bow long did you hear he was there? inquiry is to be resorted to a.tall, it seems reversing the order of proof to require "A. I don't know. the complaining party to show what would have been the result of the election? "Q. Did you hear of his intimidating or attempting t{) intimidate any one? As sooc as a serious riot has been proved, the freedom of election has been vio- 3606 CONGRESSIONAL RECORD-HOUSE. APRIL 19, lated, p1'ima facie; therefore the election and return are void, and it is for those These witnesses both testify that on the next evening after the October elec· who uphold the election and 'return to show that the disturbance did not, in tion Mr. Emerick told them that Mr. Bell had interfered with the ballots the fact, alter what would ha.ve been the result of the election, supposing no riot day before while the counting was going on, handled them in the box, and took had taken place." them out and placed them on the table. He also showed them how easy it In the Drogheda case, 10 0'1\lalley and Hardcastle, page 255. would be for a person, under such circumstances, to perpetrate a fraud, and said "In this case it was argued for the respondent that the onus of proof was upon that there ought to be Democrats at the poll at the November election to pre· the petitioner t-o show that undueinfiuencewas exercised by the respondent in vent a. repetition of such acts. Mr. Smilll said that he would be pre-.sent, and at such a way that he thereby obtained a majority, because (it was said) it was im- the November elect.ion was present and watched the counting until the ballots possible for the respondent to prove the!negation of this; in other words, that had all been taken from the box and until Mr. Bell left the room. lie said that the respondent had the right to say to the petitioner, 'You are in a minority, M:r. Bell did not in anywayinterferewiththe ballots at the November election. and you must show that the mind of each voter who made up my majority has The testimony establishes beyond all doubt that the handling of the ballots been unduly influenced.'" was done by :Mr. Bell at the October election. As, therefore, the attempt of the 1\Ir. Justice Keogh said in his judgment: conte~tee to explain the conduct of 1\lr. Bell has failed, the statement of 1\lr. "I may say at once that the argument put forward by the respondent is one Emerick must be- accepted as true, with all the presumptions against 1\Ir. Bell's from which I wholly and entirely dissent. It is subversive in my mind of the conduct and the contestee. whole principle of freedom of election. It is said by the counsel for the respond· We submit the testimony of David Emerick, which we think is fully corrob- ents that freedom of election is secured provided the majority are shown to orated by the other evidence. have had the power ofrecording their vote. I deny that altogether. This was David Emerick (page 11): not solely a contest between the respondent and the petitioner. There is an- "Q. What is your name, and where do you 1·eside? other and greater interest than belongs to either of them; there is the public "A. David Emerick; I reside in Precinct C, third ward, Toledo. interest. The humblest individualin the whole of this constituency has as good "Q. In what capacity did you act at the Stat-e election held on the Hth of Oo- a right, without fear or intimidation, to come to the court-house on the day of toher last? election as the richest man upon the regiSter, and as good a right as the great "A. Clerk at the election. majority of the community.~' '' Q. Were you present at the poll during the whole day? As t~ the part of the argument above quoted he said: "A. I was; all Lday ], with the exception of going to dinner and to supper. "Even if this argument were applied to the case of bribery, it might be hard, "Q. Who were the Judges of election, and who was your associate clerk? if there was an extensively organized system, to traceittoeachindividual voter, "A. Emory Potter, sr., was one judge; Waterman (I don'~ know what his and in the case of treating detection would be still more difficult. But in both initials are), and Kirk(Idon'tknowwhathisinitialsare) ; those werethejudge • these cases you lmve something to lay your hands upon; you have money,you H. W. Wilhelm was the other clerk. ' have food., you have drink. But when you come to intimidating, who is tnere ''Q. Who kept your poll-books while you were absent at dinner? Sta.teifyou would venture to gauge its influence? Who can tell what is its effect upon the know. human mind? · "A. I don't know who kept them. · "It is not possible to give evidence in a court of justice which would carry out "Q. Were they kept in the handwriting of your associate, Mr. Wilhelm. the proposition which has been laid down by the counsel for the respondent "A. They were not. here,and if at all it is to be made a matter of evidence, the onus of proof should "Q. Were you present when the polls were closed and theopeningof the bal· be thrown upon them to show that when the law has been violated, when gross lot-boxes occurred? outrage and intimidation ha\~e been organized, that intimidation and that vio- "A. I was. lence have not produced their natural consequence, namely, terrifying the people "Q. You may go on and slate in what manner the ballots were taken fwm the from the exercise of their legitimate practices." box and counted, and what occurred worthy of note in process of counting. The county of North Durham, 2 O'Malley and Hardcastle, page 156. "A. l\1r. Kirk unlocked the ticket-box and threw probably one hundred and In this case the election was sought to be avoided on account of intimidation. fifty or one hundred and sevent.y-five tickets on the table, and the judges pro In the county there were numerous voting precincts. In some of them it did ceeded to open them up and assort them. They open up and assortthem by pll· not appear that intimidation was practiced. 1\Ir. Baron Bramwell decided that ing the straight R-epublican tickets on one pile, the scratched Republican tickets if the majorities in the precincts atl'ected were not sufficient to change the gen- on another pile, the straight Democratic tickets on one pile, and the scratched eral result, while the election would be void ~n the precincts affected, yet the Democratic tickets on one pile. While they were assorting those tickets 1\Ir. sitting member would not be disturbed. If, however, they did affect the major- Kirk tookoutofthe box and put on the table, a man they call Bob Bell took his ity, the sitting member would be unseated. position at the head of the table, standing up, leaning on the ballot-box, and as In the course of the opinion 1\Ir. Baron Bramwell said: the tickets were exhausted which Mr. Kirk threw out, this man Bell would take "But besides this [statutory intimidation] there is another intimidation that has them out of the box and throw them on the table. He would continue that ns been called a common-law intimidator, and it applies to a case where the in· often as the tickets were exhausted. I can't tell how many times he did this. timidation is of such a character, so general and extensive in its operation, that "Q. What was his position with reference to the ballot-box and the officers it can uot be said that the polling was a fair representation of the opinion of the of the election? · constituency. If the intimidation was local or partial-for instance, if in this "A. The ballot-box stood on the end of the table; Mr. Waterman, the Repub case it had been limited to one district, as Hetton is, !have no doubt that in that licanjudge, sat on the right at the side of the table, and Mr. Kirk sat on the left case it would have been wrong to have set aside this election, because one could at the side of the table. The Republican judge, Mr. Pott-er, sat next to Mr. Kirk have seen to demonstration that the result could not possibly have been brought and I sat next to 1\fr. Waterman. 1\Ir. Wilhelm sat next to me. Mr. Bell stood about by that intimidation, and that the result would not have been different if at the head of the table with his arm on the ballot-box, and as the tickets would · it had not existed. I do not mean the result of the polling in that particular exhaust he would put his hand in the ballot-box and put them on the tnHc as district, but the general result of the majority for the respondent. But when it the judges would sort them out. is of such a. ~eneral• character t-hat the result may have been affected, i.n my "Q. \Vhat, if anything, was said by you or any one else nt the time as to that iudgment it IS no part of the duty of a judge to enter into a. kind of scr~tiny to course of procedure? see whether possibly, or probably even, as a matter of conclusion upon the evi- "A. I think ~Ir. Potter said something to him; I don't remember what it was. dence, if that intimidation had not [been] exerted, theresultwouldhavebeendif· I made the remark that it wasn't according to Jaw to count out tickets in that ferent. What the judge has to do in that case is to say that the burden of proof way. 1\Ir. Bell says, 'That is the way we always counted them here; sorted them is cast upon the constituency whose conduct is incriminated, 1md unless it can out and counted them afterward.' I told him that I didn't care how they had be shown that the gross amount of intimidation could not possibly have af- done; I didn't think it was the proper way to do it. In reply be said he forgot fected the result of the election, it ought to be declared void. * * * Besides, more about elections than I ever kne-W. l told him that it didn't make any dif I am of the opinion that where there has:been so large an amount of intimida- ference to me; that there were three judges sworn to count the votes and that I tion that it is uncertain whether ~he result would have been the same without had nothing to say about it, neither had he, as I was merely a clerk there. it it can not be said that the election was free, or that it represented the real "Q. IIow many times did Mr. Bell open the box and take the ballots out, ap- opinion of the constituency, but that it must be held void 011 account of that in- proximately? timidation." · "A. Several times; I don't remember just how many. !think he took all the The same doctrine has been approved by this House in the case of Ford vs. tickets, with the exception of those that Mr. Kirk took out first. Abbott and Goode vs. Platt, in the Forty-fourth Congress. In these cases the , "Q. How many tickets would you say, then, that Mr. Bell handled? poll of the precincts where the navy-yard vote was cast was thrown out on ac- "A. I couldn't say the number, because Mr. Kirk took out a. handful. I thinli: count of intimidation practiced by the officers in the yard. The burden of proof that Mr. Kirk took out about one hundred and seventy-five or two hundred; was held to be upon the contestee to show that the violation of the law had not there might have been more and there might have been less, and 1\Ir. Bell threw affected the result. the balance ofthe tickets on the table. The contestee has failed to show that the intimidation practiced in his in- "Q. To what political party does Mr. Bell belong? terest did not affect the result and as that intimidation was great enough to "A. He is a. Republican, I think. affect the majority in the precmct,1 we are of the opinion that the return from . "Q. State, if you know, whether or not he has been anactiveRepublicnn poll- this precinct should be excluded. tician in this city. "A. He bas that reputation. PRECINCT c, WARD 3, TOLEDO. "Q. State whether or not the tickets were all taken from. the box one by one. Here the vote was 319 for contestee and 153 for contestant. "A. They were not.. In this precinct the testimony shows that Robert H. Bell, not an officer of the "Q. How were the tickets counted from these assorted piles of which you have election, repeatedly put his bands into the ballot-box, while the count was going spoken? on, and handled the ballots, in several instances taking them out and placing "A. Theywerecountedin fives; theRepublicanstraighttick:.etswerecounted them upon the table. first, and then the Democratic straight tickets were counted; then the scratched Mr. Bell is shown to be a partisan Republican, taking an active interest in pol- were counted in the same way, i.e., they were counted one by one." itics and the management of elections. Same witness (page 137): The testimony of one clerk of the election. David Emerick, is offered to show David Emerick, of lawful age, being by me duly sworn, ns hereinbefore certi· that this interference was made with the ballots by Mr. Bell. He is eorrobo- tied, deposes and says: rated by Judge Potter, the Democratic judge, who reproved Bell for his unwar- "Q. You are the same David Emerick, are you, whose deposition has been ranted handling of the ballots. heretofore ta-ken in this ma.tter by the contestant? The cont.estee puts l'tfr.Bell upon the stand, who denies that he inanywayin- •· A. I am. terfered with the ballots at the October election, but admits that he did at the "Q. Yon may ~tate who took the tickets from the ballot-box at the time of the Noyember election. October election of~ just prior to their being counted. , It is attempted to sustain his testimony by the evide,nce of one Republican " (Question objected to as not being rebuttal.) judge,l\Ir.Waterman, and the Republican clerk, Mr. Wilhelm. The other judge, "A. Robert Bell and Kirk. :Mr. Kirk, is not produced as a witness. Bot.h these witnesses admitted that 1\ir. "Q. \Vho was 1\Ir. Kirk that you refer to? Bell attempted to take the ballots out of the box at one of the two elections, for ·"A. He was one of the judges. which Judge Potter reproved him.. Mr. Waterman says that he bad an indefi.- "Q. Did l\:lr. \Vaterman, one of the judges of eleetion, take any tickets from nite recollection of something occu,ning at the November election (page 222). the ballot-box? The other says (page 271): "(Question objected to for the reason that the same is leading and not rebut- " I don't know whether it was at the October or November election tha.t he tal.} [Mr. Bell] att-empted to remove ballots from the box, but a.t that time Judge "A. He did not. Potter interceded and told him. not to do so. :My impres.sion is that it wa~ in "Q. You may state what occ.unence, if a.ny, en::~,bles you to determine definitely November, but it might ha.ve been in October." that the facts that you stated in your former deposition in this case occurred at These uncertain impressionS of these two witnesses can not overcome the the October election of 1881, and not at the November election of t.ha~ year. positive and clear statement of Mr. Emerick that Mr. Bell did repeatedly take "(Question objected to as not being rebuttal.) tickets out of the box and handle them. at the October election before the count- "A. The next night after the October election I related to 1\Ir. O.A. Smith and ingwa.s done. 1\Ir. Boone what Mr. Bell bad done the evening before wl'tile we were counting U, however, any doubt existed upon this point it is removed by the testimony out the votes. Mr. Smith asked me if there wasn't anybody there to look after of Mr.C. A. Smith (page 14.6) and George B. Boone (page 145). the Democratic party's interest besides me and Judge Potter. I told him there 1886 . CONGRESSIONAL RECORD-HOUSE. 3607 .;ere not; so he said he would see that there would be somebody there next This report was signed by HoJ,l. David B. Hill, present governor of the State election: IJO he came up to the polls in November, and remained there while of New York. we were counting out the vote. All of the remarks contained in it apply, with at least equal force, to the case " (Answer objected to as not being rebuttal, and being incompetent and imma under consideration. This indeed would seem to be a stronger case, because of terial.) the attempt to set up a false explanation of the conduct o! the person who inter "Q. Was Mr. Smith, whom you refer to, present during the counting of the fered with the ballots. Yote in Precinct 0, third ward, at the 'October election of 188(? It is urged that l\Ir. Bell was a man of good :reputation, and that this of itself "(Objected to as ¥runaterial and not rebuttaL) should rebut t.he presumption that his conduct affected the result. The same "A. He was not present. plea. was urged for Terhune in the case Just cited, but it availed hfm nothing. "Q. At what time did he reach the polls at the timo of the November election While the testimony as to his reputation might have great weight in case he of 1884.? were on trial under indictment for his unlawful act, it will avail contestee noth· "(Question objected tons i:mma.terial and not rebuttal.) ing in this inquiry. The law requires him to show affirmatively that Bell' sun "A. I should judge about half past 6 or 7 o'clock. lawful act did not affect the result of that election. This can not be done by "Q. State in what way, if any, Robert H. Bell interfered at the time of the Oc showing Bell's good reputation, especially as we find in this case that he has at tober election, 1884, in Precinct 0 of the third ward, with the work of the judges tempted to make a false explanation of the conduct complained of. and clerks in polling and counting the vote of that election. " (Question objected to as leading and not rebuttal.) ILLEGAL VOTES IN THE CITY OF TOLEDO. "A. He took tickets out of the ballot-box, put them on the table, took my In the direct examination ofhis witnesses the contestant presented the names polling-sheet, and wrote a. lot of names while I was gone t.o dinner." of three hundred and forty-seven persons who had voted in the different pre The only explanation of the conduct of Bell, as already stated, attempted was cincts of Toledo, who were claimed to be illegal voters. to show that the tampering with the box occurred in November. We are of It was proven as t.o these that they had voted at the October State election, and opinion that contestee has failed in the explanation. The act of Bell is there had not voted at theNovember Presidential election, a few weeks afterward. A fore without anything to extenuate or justify it. thorough comparison was made between the poll-books of the two elections in In all elections the most important thing to be shown is that the votes counted each precinct, and in nearly all there were found many who had voted at the were those cast. There can be no assurance of this fact, except that the ballots first and not at the second election. have been preserved in the exclusive custody of the officers charged with the Lists were prepared of the names of these voters and put into the hands of duty of k eeping them. Any interference with them by a.n unauthorized person, people living in the precinct. These persons were placed upon the stand totes any handling or taking them into possession by others than the proper officers, tify as to whether those whose names had been given them were electors or not whereby an opportunity to tamper with them and alter them has been given, in the pricincts where they had voted. The witnesses ca.lled upon from each will be fatal to the count, unless the clearest and most satisfactory explanation precinct were persons who were residents; had in some cases lived many years has been made of the conduct of Sllch persons. The burden is shifted to the there, and in many cases had been born there; were acquainted with the people ; contestee to show that what was done did not interfere with the ascertainment had been doing business with them, a.nd had held offices, such as assessors and of the true result. This doctrine is declared in Duffy's case, supra, where it is councilm~n, among them. Besides, they had taken t.he lists and called in from said: the neighborhood a number of prominent persons from every part of it to con •' Besides, where the officers of an election board, as shown by the evidence in sider the names. They made comparison with the directory, and in most cases this case, have, either through design or ignorance, neglected to comply with went personally from house to house to learn whether the parties were voters. some of the essential requirements of the law, * * * presumption in favor of With this information, possessed as to each precinct, the witnesses went upon the legality, fairness, and regularity of the election predicated upon a. return the stand and testified that the three hundred and forty-seven persons were not and tally-sheet ought not to weigh heavily with a tribunal seeking to vindicate residents of the precinct at the time of October election, a.nd were not legal voters and administer the law. The burden of proof must be shiftied to the other side. there at that time. This testimony will be found on pages 18, 20, 22, 24, 26, 31, Those who are advantaged by such an election must show affirmatively its gen 40, 47, 50, 53, 56, 60, 62, 64, 82, 84, 89, 93, 102, 106J 108, 111, and 113. . eral fairness, otherwise it will become the duty of the court to throw it out This testimony is entirely competent, ana always makes out a. prima facie altogether." case against the votes claimed to be illegal. This doctrine is well settled. Here no proof was offered upon this point by the contestee, except to attempt In Blair v&. Barrett, May 22, 1860 (1 Bartlett 30), it is said: to show that the interference with the ballots by Mr. Bell occurred at the No "Many voters were cha.11red to be non-residents-some of the State, and more vember election. This attempt having failed, the conduct of Mr. Bell remains ofthe particular precinct in which they voted. The very nature of the charge witliout extenuation, indeed fuller of suspicion because of the effort to set up a. shows the difficulty of the proof. It involves to a. great extent proof of a nega false explanation of it. tion respecting persons whose names are not even known, a.nd, except in a few The rule of the law in disposing of a. return made where the ballots have been instances where there may be a. personal acquaintance with the man in another taken from the custody of the proper officers is laid down in a case decided in State, or in a distant part of the same State, the proof can hardly be~ from the na the New York senate, hereafter cited. ture of the case, of a positive and direct character. In these cases tne committee The peualty for interference with ballots in Ohio before counting is very se- based their conclusions upon evidence that these men had never voted in that vere. • precinct before; were strangers to the oldresidents of the precinct, to indi\"idua.ls Section 7059 of the Revised Statutes provides: who had acted as judges and clerks of election for a. great number of years; had ""'hoever at any election unlawfully, either by force, frn.ud, or other improper no home or btlsiness in the precinctknown to their best acquaintance, its home means, obtains or attempts to obtain possession of any ballot-box or any ballots and business, a.nd that they have disappeared from the day of the election, their therein deposited, while the voting at such·election is going on, or Wore the bal whereabouts not having been discovered since even by the canvass-takers. lots are duly taken out of such ballot-box and enumerated by the judges of the With this evidence on the one side so easy of rebuttal by the production of the election, according to l&w, shall be imprisoned in the penitentiary not more than voter, if a. resident, or of some one else who knew him to be a resident, yet left three years nor less than one year." uncontradicted. the committee could come to no other conclusion than to reject The act here prohibited is not merely the fraudulent taking possession of bal all such voters as illegal." · lots, but the illegal taking of them by any improper means. T,his shows the It is competent for the contestant to prove tllat search had been made for per ,·iew in which the Ohio statute holds the giving of any opportunity to unauthor sons alleged to have voted illegally, and the result thereof, but what was said ized persons to tamper with the votes. at a peculiar time is not evidence. (Brightly, page 414.) The New York case above referred to is the case of Cary vs. Twombly, New Section 356 in McCrary, page 301, is as follows: York Contested-Election Oases, page474. "For the purpose of showing that non-residents have voted, witnesses are There it is said: • often called to testify that persons whose names appear upon the roll as having "The irregularity urged before the committee on protest of the board of can voted are not known to them as residents of the county or voting precinct, as Yn.ssers, and * • * before the committee of this house, in relation to the the case may be. This kind of evidence is admissible for what it is worth; but eighteenth district of the sixteenth ward, consists in the fact that Mr. William it is manifest that its value must depend upon circumstances. I! the district or Terhune, a person not an inspector, participated in the canvass of the votes for territory within which the voter must reside is large or very populous, and the members of assembly, and performed acts and duties allowed by law to be per witness bas not an intimate and extensive acquaintance with the iul1.abitants, formed only by a.n inspector of election. the evidence will be of little value, and, standing alone, will avail nothing. But "The fact of the participation of the said Terhune in han1ling the ballots be on the other hand, if such district or territory is not large or populous, and if the fore they were opened was '-' * * fully established before your committee. witness shows that his acquaintance with the inhabitants is such that he could It was also shown by the evidence. * • .. scarcely fail to know any person who may have resided therein Ion~ enough "It also appeared that a person occupying the position of 1\Ir. Terhune, and to become a. voter, his evidence may be quite satisfactory, especially if 1t further handling the ballots as he was known to have handled them, could have sub appears that soon after the election the alle~ed non-resident voter could not be stituted ballots of the· contesting member for the sitting member. In other found in the district within the limits of which all voters must reside. Proof of words, that he could have substituted one ballot for another. Itfurther appeared this character must at least be regarded sufficient to shift the burden upon the before your committee that said Terhune was a friend and P.artisan of the con parties desiring that the vote ofsuch alleged non-resident be counted, and require testant, and a Republican in politics, holding the position of Republican super him to show a.ftirmatively that he is a. bona fid6 resident." visor under the late statutes of the United States re1ating to elections. It further The contestee recognized the force of the rule of the law and accepted the onus appeared that said Terhune took no part in the canvass of the general or Con of the proof, and undertook to show that the persons whose names were pre gressional ballots, but only took part in the canvass of the assembly ballots. It sented by the contestant were not illegal voters, but possessed the qualifications was not pretended or claimed that Terhune's appointment by .Judge Woodruff necessary to make them electors at the various precincts where they voted. as a. United States supervisor gave him any authority to interfere or take part It is claimed that many of the persons alleged to have voted illegally were in the canvass of the assembly ballots. Germans, whose names were misspelled by the clerks of the election on the poll * • * "'Vhile your committee do not desire to cast any imputation on 1\Ir. books. In some other precincts the same thing occurred. But, allowing for all Terhune more than appears in the evidence, your committee can not fail to sug mistakes of this kind, and !or all prQ.ved by the contestee to be actual residents gest that while l't1r. Terhune had an opportunity to appear and testify before the of Toledo ana the precincts where they polled, we find that contestant shows committee, * * * and was also subprenaed, • * * in both instances he that there were 212 illegal votes cast in Toledo at that election. ho.s failed to present himself to make any excuse or explanation for his partici In the list of names printed in the majority report this was true. This was a. pation in the canvass of the assembly ballots of the eighteenth district of the Democratic precinct,giving a large majority for contestant, where contestee sixteenth ward. was able to show in this way that few illegal votes were cast. "Your committee have carefully considered the evidence on this branch of the It is admitted that there is no evidence t.o prove for whom these votes were case, o.nd while they would be unwilling to reject any poll upon mere techni given. calities, yet in the case of the poll of the eighteenth district of the sixteenth ward, The question thus directly presented is, What disposition shall be made in a in the judgment of your committee, the violationofthelawinallowingMr. Ter contested election of illegal votes where there is no proof as to how they were hune, not an inspector, to handle the votes of member of assembly is palpable, cast? as it offered un opportunity for the commission of fraud. McCrory says that there are three methods of disposing of such votes. These "Your committee, therefore, upon due deliberation, ha,-e rejected t.he poll or are- Yotes for each of the parties in said district, which are as follows:" (I) To declar~ the election void; i. e., the election at the precinct where the After quoting the statutes of New York prohibiting persons from interfering illegal votes were cast; (2) to subtract the votes from each proportionally, and with the canvass of votes: (3) to deduct them from the majority. "There is a. distinct and positive prohibition against all persons from engaging In disposing of these ballots we think that each precinct should take care of in * • * the canvass or estimate of votes, except inspectors of election and its own illegal ,-ote. Where an election is declared void, it should be that held poll clerks. Can it be pretended that the act of Terhune * * * was not a. in the precinct where the illegal votes are cast: This is the rule laid down in direct violation of the statute, and being so, the propriety of throwing out the the case of Goode vs. Platt, page 679: poll of that district can not, with due regard to the right of suffrage, be for one "When illegal or fraudulent votes have been proven, and the poll can not be moment questioned. * * * It seems to your committee that it would be a purged with reasonable certainty, the whole vote must be rejected." most dangerous precedent to establish, that the chairman of a board of inspect Where the illegal votes are not numerous enough to change the result in the ors, or even a. majority of the board, can call in any person to canvass the votes. precinct, they must either be subtracted from the candidate proportionally or If they can call in one, they can call in- two, five, or ten. Under such a construc deducted from the majority. tion of the law, what security would there be to the ballot?" The first method is unsatisfactory. It is practically between the candidates, upon the principle that the illegal voters have voted as The evidence,-in our opinion, shows that enough illegal votes were cast at other· the lawful voters did. This is not a fair presumption, as from the fact that large points in the district to affect the result after the elimination of the pollllt Precinct numbers of illegal votes are cast in a precinct it may well be inferred that it B, eighth ward, city of Toledo. There is no proof whatever in the case for whom was intended by those who cast them to prevent the natural dh'ision of the such illegal votes were cast. We are unable to agree with either the majority or votes from bein~ effectual. Besides, when the majority in a precinct for a can minority in their conclusions as to who.t should be done with this vote. didate is small, 1t would require a Yery large illegal vote to affect the result; i. McCrary, in his work on elections, second edition, page 265, says: e., under this•rule large numbers of illegal votes could be cast with impunity, "In a legislative body having power to order a. new election, or in any other providing they left only a small majority for the successful candidate. tribunal having the same power, it will doubtless, gene~y, be regarded as We think that the rule of deducting the votes from the majority candidate in safer and more conducive to the ends of justice to order such new election than each precinct is the correct one. It is on this theory only that the election can to reach a result by the application of the rule just stated, [namely, to deduct the be avoided where there are enough illegal votes to affect the result. illegal votes proportionately from both candidates, according to the entire Yote It will make each candidate take care of his own precinct. It will make it returned for each. He continues:) It would seem, therefore, that i 1 a case where for the interest of judges to prevent illegal votes which may injure their friends. the number of bad votes proven 1s sufficient to affect the result, and in the ab It will cause that candidate to lose the·votes who throughhisfriendsmighthave sence of any evidence to enable the court to determine for whom they were cast, prevented their being cast. the court must decide upon one of the three following o.lternatives, namely: This rule is approved in the case ofLe Moynevs.Farwell, Digestof187l,page "(1) Declare the electiOn void. 442, and Goode 'VS. Platt, Digest of 1871, page 686. " (2) Divide the illegal votes between the candidates in proportion to the In Commonwealth vs. McCloskey, Brightly's Cases, page 211; in Marblehead whole vote of each. case, reported in Cushing's Manual, Election Cases; and in In 'VS. Dufl'y •.4 Brews "(3) Deduct the illegal vote from the candidate having the highest vote. t-er, page 173. "And it is clear, also, that wherein such a case no great public inconvenience The doctrine is also approved in Maseachusetts Report·s of Contested Elec would result from declaring the election void and seeking a decision by an ap tions, pages 52, 63. peal to the electors, that cours-e should be adopted." · In the recent case of In vs. Barker, 10 Phila., 596, the syllabus is as follows: In our opinion the present is eminently a case for the application of this rule. "When legal and illegal yot-es have been counted indiscriminately and a ma The testimony in the case, while it does not in our judgment go to the extentot jority have resulted in various districts, embraced in the general return, whether establishing that the contestant received a sufficient number of the legal votes for one ·candidate or the other, the only means whereby even approximate cast to justify a decision that he was elected and is entitled to his seat, does show justice may be reached is to requre him for whos-e advantages such majority on the pa.t·t of the adherents of the sitting member such a violation of the safe inure to lift the curse which the law has imposed upon the illegal ballots; other guards prescribed by the statutes of Ohio to protect the ballot-box and secure a wise they will be deducted from his count." correct count of the ballots cast, and a determination of the t;rue result, an at Applying this rule, we find that contestee will lose 135 votes and contestant tempt at least on the part of an employer to interfere with the free exercise of 56, making a total of79 votes, after the polls are purged,~ be deducted from the the elective franchise by those in his emplQyment, as well as a. resort to practices vote of the sitting member. which, if not constituting bribery, tend to impair the purity of the ballot, and From the following precincts in Toledo, which gave a majority for Mr. Romeis, make a case where such rule should be applied. the following deductious should be made: We are of opinion that neither the said Frank H. Hurd or .Jacob Romeiswas From Precinct A, ward 2...... 22 lawfully elected, and recommend the passage of the following resolution de· From Precinct B, ward 2...... 11 claring such determination. From Precinct C, ward 2...... 4 ROBERT S. GREEN. From Precinct A, ward 3 ...... _...... ••• ••••••••• •• ...... •••••••••• 29 BENTON .J. HALL. From Precinct B, ward 3 ...... ,...... •.•.•.• 13 Resolved, That ne'it.her Frank H. Hurd nor .Jacob Romeis was lawfully elected From Precinct C, ward 3...... 7 to the Forty-ninth Congress from the tenth Congressional district of Ohio, nor From Precinct B, ward 4...... 10 is either of them entitled to a. seat in said Congress, From P ·recinct C, ward 5...... •...... •...... 12 Fron:1 Precinct B. ward 7 ...... 12 ORDER OF BUSINESS. From Precinct C, ward 8 ...... ~...... 15 The SPEAKER.- This being Monday, the Chair will proceed to call 135 the States and Territories for the introduction and reference of bills and From the following precincts in Toledo, which gave Mr. Hurd a majority, the joint resolutions. Under this call resolutions and memorials of State following deductions should be made: and Territorial Legislatures will be in order, and also resolutions of in~ From Precinct A, ward 4 ...... -... .•••••••• 1: quiry addressed to the heads of Departments. E~: ~:~~~ ~: ;::g :::::::::::::::::::::::::::::::::::~::::::::::::::::::::::::::::::::::::::::::::: . 1~ .AMENDMENT, PUl3LIC LA:Z..TD L.A WS. From Precinct A, 'vard 7 ...... • ...... •...... • 3 M:r. McRA.E introduced a bill (H. R. 7896) to grant additional rjghts From Precinct A, ward 8...... 10 to certain homestead settlers on the public lands; which was read a first 56 and second time, referred to the Committee on the Public Lands, and The views we have expressed will resuU in the following change in the ordered to be pp.nted. oou~: - CLAIMS OF STATE OF CALIFORNIA. Exclude Precinct B, eighth ward, Toledo...... 220 1 Mr. MORROW submitted concurrent resolutions of the Legislature ~~~t~:~ ~. f~i~d'~~~ii;T;;i~'d~·:::::::::::::::::::::::::::::::::::::::·:::::::::::::::::: 1: of the State of California, asking for reimbursement on account of money paid as interest on the funds borrowed and advanced to the United 415 Deduct also illegal votes in Toledo ...... 79 States during the late war and for the return of the money paid as di rect taxes 'Under the provisions of the act of August 5, 1861; which was 494 referred to the Committee on the Judiciary. Deduct contestee's majority...... 239 AKN H. CUNNINGHAM. 253 We therefore find that the majority for contestant is 255. Mr. MORROW also introduced a bill (H. R. 7897) granting an in We therefore offer for adoption the following resolutions: crease of pension to Ann H. Cunningham; which wn.s read a first and Resolved TbRt .Jacob Rome is was not elected a member of the House of Repre second time, referred to the Committee on Invalid Pensions, and or- sentatives' of the Forty-ninth Congress from the tenth Congressional district of dered to be printed. · 0 ~;olved, That Frank H. Hurd was elected a. member of the ~ouse of ~pre CL.AIMS FOR INTEREST OY WAR LOANS. sentatives of the Forty-ninth Congress from the tenth CongressiOnal district of Ohio. Mr. LOUTTIT submitted a concurrent resolution of the Legislature Respectfully submitted. THOMAS A. ROBERTSON. of the State of California, requesting the Senators and Representatives .JOHN S. HENDERSON. in Congress from·that State to give their support to certain measures THOMAS CROXTON. now pending in Congress, or to such as may hereafter be presented, de .JOHN !11. MARTIN. signed to effect the proper adjustment of the accounts of different States and Territories and the District of Columbia with the United St..'\tes Mr. R. S. GREEN, from the CommiLtee on Elections, submitted the following arising out of the proceedings of the direct-tax law of August 5, 1861; as the views of a. portion of the minoritr: . . The undersianed being unable to entuely agree wtth the concluswns and rec which was referred to the Committee on the Judiciary. onunendation;' of the majority, or of the minority presented by !lir. RoBERTSON, MARY D. PERSONS. submit the fOllowing: In our judgment the certificate of the judges of PrecinctBJ eighth ward of the Mr. DAVIDSON, of Florida, introduced a bill {H. R. 7898) for the city of Toledo, is suCC;essfullr impeached. 'Ve must, there.tore_. resort to ~ther relief of Mary D. Persons; which was read a first and second time, evidence to ascertain 1f poSSlble the true result of the electiOn m that precmct. The testimony taken shows that the ballots, after the close of the election, in· referred to the Committee on War Claims, and ordered to be printed. stead of being taken one by one from the ballot-box, counted, and strung, as re :MOSES BEESLEY. quired by law, we1•e emptied upon the table, opened, classified, bunched in fives of straight tickets, the :;scratched ones also assorted, and then countE:d andre Mr. DAVIDSON, of Florida, also introduced.a bill (H. R. 7899) for' counted with ever-varymg result as to the aggregate number; at. one trme there the relief of Moses Beesley; which was read a first and second time, being 7 more than the names on the poll-book, and finally 4 less than the proper number, and after this handling," those that were left," in the wor~s of referred to the Committee on Claims, and ordere~ to be -printed. one witness, were returned to the box, to be taken out and canvassed as reqmred bylaw. PUBLIC BUILDING, KEY WEST, FLA. The statutes of Ohio are ample to secure accuracy of count and certainty of Mr. DA. VIDSON, of Florida, also int.rodliced a bill (H. R. 7900) determination. It is true that their provisions are directory aud their disregard not sufficient of itself, to avoid an election. But this violation is not DQW in making an appropriation for the erection, in the cityofKeyWest, Fla., voked for suclt purpose. We are in search of reliable testimony outside the ce~ of fire-proof buildings, to be used as warehouses at Key West, Fla.; tificate to ascertain with reasonable certainty what was the vote for each candi date. The final count might fut·nish t.his if these irregularities did not raise a whieh was read a first and second time, referred to the Committee on suspicion and the actual loss of eleven ballots did not concl~ively show that Public Buildings and Grounds, and ordered to be printed. they had been tampered with. If twelve, how many more? In the light of t!:tis testimony there is no certainty that the ballots at last counted were those which BUSINESS OF THE POST-OFFICE COMMITTE.E. were depositetl in the box by the voters, and we are without evidence to remove Mr. BLOUNT submitted a resolution setting apart Tuesday and the uncertainty. In this emergency there is no other course to pursue than to reject the poll. Wednesday, April 27 and 28, for the consideration of bills reported 1886. CONGRESSIONAL RECORD-HOUSE. 3609 from the Comnrittee on the Post-Office and Post-Roads; which was re MARGARET A. DODD. . ferred to the Committee on the Post-Office and Post-Roads. . . Ur. COBB also introduced a bill (H. R. 7917) for the relief of Mar.. JOHN S. DILL. garet A. Dodd; which was read a :first and second time, referred to the Mr. CANNON introduced a bill (H. R. 7901) for the relief of John Committee on Invalid Pensions, and ordered to be printed. S. Dill, late a private in Jonathan Mayo's company, First Regiment MRS. LUCRETIA V. GARDNER. Illinois Volunteers, in the BlackH~wkwar; which was read a :first and Mr. STEELE introduced a bill (H. R. 7918) for the relief of Mrs. second time, referred to the Committee on Pensions, and ordered to be Lucretia V. Gardner, widowofHospitalStewardF. R. Gardner, United printed. States Army; which was read a first and second time, referred to the W. S. CARPENTER. Committee on Pensions, and ordered to be printed. Mr. CANNON also introduced a bill (H. R. 7902) for the relief of JAMES E. RAILSBACK. W. S. Carpenter, late an employe in the Railway Mail Service; which was read a first and second time, referred to the Committee on Claims, Mr. JOHNSTON, of Indiana, introduced a bill (H. R. 7919) for the and ordered to be printed. relief of James E. Railsback; which was read a :first and second time, referred to the Committee on Military Affairs, and ordered to be printed. · FRANCIS DENliiEAD. HARRIS PHILPOT. :Mr. ROWELL introduced a bill (H. R. 7903) for the relief of Francis 1\Ir. JOHNSTON, of Indiana, also introduced a bill (H. R. 7920) for _ Denmead; which was read a :first and second time, referred to the Com- the relief of Harris Philpot; which was read a first and second time, mittee on the District of Columbia, alld ordered to be print-ed. referred to the Committee on War Claims, and ordered to be printed. GEORGE COOK. . SOLDIERS' HOME, MARSHALLTOWN, IOWA. Ur. TOWNSHEND introduced a bill (H. R. 7904) for the -relief of George Cook, Company B, Thirty-second Regiment Ohio Volunteers; ·Mr. FREDERICK introduced a bill (H; R. 7921) locating a branch which was read a :first and second time, referred to the Committee on home for disabled soldiers and sailors for Nebraska, Dakota, and· Iowa Military Affairs, and ordered to be printed. at Marshalltown; Iowa; which was read a first and second time, referred to the Committee on Military ~ffairs, and ordered to be printed. WILLIAM POWERS. Mr. TOWNSHEND also introduced a bill (H. R. 7905) for the relief THE ''CULLOM'' INTERSTATE-COMMERCE BILL. of William Powers; which was read a :first and second time, referred to Mr. FREDERICK also presented concurrent resolutions of the Gen the Committee on Military Affairs, and ordered to be printed. eral.Assembly of the State of Iowa, asking the Congress of the United States to pass the bill known as the Cullom bill, regulating interstate CHARLES W. CREWS. commerce; which was referred t{) the Committee on Commerce. Mr. TOWNSHEND also introduced_a bill (H. R. 7906) for the relief Mr. FULLER presented a concurrent resolution of the Legislature of Charles W. Crews; which was read a :first and second time, referred of Iowa, favoring the passage of the Cullom bill, regulating interstate to the Committee on ~ilitary Affairs, and ordered to be printed. commerce, and protesting against the amendment proposed by the SAMUEL BURRELL. freight bureau, of Chicago, abrogating the car-load rates; which was re Mr. TOWNSHEND also introduced a bill (H. R. 7907) for the relief ferred to the Committee on Commerce, and ordered to be printed. of Samuel Burrell, Company lrl, Fifth Illinois Cavalry Volunteers; which 1\IRS. SAnAH YOUNG. was read a :first and second time, referred to'the Committee on Military :l~Ir. FULLER also presented a concurrent resolution of the. General Affairs, and ordered to be printed. Assembly of Iowa, asking that a pension be granted Mrs. Sarah Young FANNIE PEMBERTON. for valuable services rendered during the civil war as an army nurse; Mr. TOWNSHEND also iiitrod need a bill (H. R. 7908) for the relief which was read a first and second time, and referred to the Committee of Fannie Pemberton, formerly Fannie Glass; which was read a :first on Invalid Pensions. and second time, referred to the Committee on Claims, and ordered to THE ''CULLOM'' INTERSTATE-COMMERCE BILL. be printed. Mr. MURPHY presented a memorial and joint resolution of the CALVIN STEPHENS. Legislature of Iowa, asking the passage of the Cullom bill; which was Mr. TOWNSHEND also introduced a bill (H. R. 7909) for the re- referred to the Committee on Commerce. · lief of Calvin.Stephens; which was read a :first and second time, referred BRIDGE NEAR DUBUQUE, IOW.A.. to the Committee on Invalid Pensions, a:nd ordered to be printed. ?tfr. HENDERSON, of Iowa, introduced a bill (H. R. 7922) author- SAMUEL JOHNSON. izing the construction of a bridge across the Mississippi River at or near Mr. TOWNSHEND also introduced a bill (H. R. 7910) granting an Dubuque, in the State of Iowa; which was referred to the Committee increase of pension to Samuel Johnson; which was read a :first and sec- on Commerce, and ordered to be printed. ond time, referred to the Committee on Invalid Pensions, and ordered THE CULLOM INTERSTATE-COMMERCE BILL. to be printed. DANIEL SCHULTHEIS. Mr. HENDERSON, of Iowa, also presented a concurrent resolution of the Legislature of Iowa, favoring the passage of the Cullom bill, regu Mr. MORRISON introduced a bill (H. R. 7911) granting a pension lating interstate commerce, and opposing the proposed amendment of to Daniel Schultheis, late of Company H, Forty-fifth illinois Volun the ·1i·eigh t bureau, of Chicago, proposing to abrogate the car-load rate; teers; which was read a :first and second time, referred to the Commit which was referred to the Committee on Commerce. tee on Invali 1886. CONGRESSIONAL RECORD-HOUSE. 3611. second time, referred to the Committee on War Claims, and ordered to Ami Wolfe anjl others; which was rea,d a ~t and second time, referred lie printed~ to the Committee on Claims, and ordered to be printed. WILLIAM T. TRASK, Jll.. AGRICULTURAL REPORT, 1885. NJ. STONE: of Massachusetts, introduced a bill (H. R. 79_55) grant Mr. HATCH iq.troducedajoint resolution (H. Res.159) to authorizo ~~ an :@crease of pension to William T. Trask, jr,; which was read a the :printing of 100,000 additional copies of the Annual Report of the W.P.,t ~d second time, referred to the Committee on Invalid Pensions, Commissioner of Agriculture for the year 1885; which was read a first and ordered to be printed. and second time, referred to the Committee on Printlng, and ordered TIMOTHY SULLIVAN. to ba printed. Mr. .ALLEN, of Massachusetts, introduced a bill (H. R. 79Q6) grant MARY WOOD. ing a pension to Timothy Sullivan, late a sailor in the navafservice of Mr. HATCH ~o introduced a bill (H. R. 7971) granting a pension. tb.e United States; which was read a first and second time, referred to to Mary Wood; which was read a :first and second time, referred to the the Committee oil Invalid Pensions, and ordered to be printed. Committee on Invalid Pensions, and ordered to be printed. ROSELLA E. HffiBERT, JAMES 1\I, MILLIRON. l\fr~ LQNG (by request) introduced a bUl {H. R. 7957) for tJ;te relief 1\Ir. HATCH also introtluced a bi!J. (H. R. 79'72) for the relief of James of Rosel).a E. llibbert; which was read a first and second time, referred M. l\filliton; which was read a first and second time, referred to the to the Committee on Invalid Pensions, and ordered to be printed. Committee on Military Affairs, and ordered to be printed. DIVISION OF RIVERS AND HARBORS COIDIITTEE. JOHN L. HOLLOWAY. lli. LONG also submitted the following resolution; which was re 1\Ir. HEARD introduced a bill (H. R. 7973) for the relief of John ferred to the Committee on Rules: L. Holloway; which was read a first and second time, referred to the Resolved, That the Committee on Rules report such amendmen~ to the rules of the House as will change the Committee on Rivers and Harbors into two Committee on War Claims, and ordered to be printed. committees, one on rivers and one on harbors, and make such other changes in the said rules us will necessarily follow therefrom. ALEXANDER R. BYRUM. 1\Ir. HEARD also introduced a bill (H. R. 7974) for the relief of LIGHT-SHIP, GROSSE POINT, LAKE SATh"r CLAIR, MICHIGAN. Alexander R. Byrum; which was read a first and second time, referred, :Mr. 'l'ARSNEY introduced a bill (H. R. 7958) to establish and con to the Committee on War Claims, and ordered to be printed. struct a light-ship to be stationed and maintained off Gro~e Pp~t, Lake ISAAC A. DAVIS. Saint Clair, Michigan; which was read a. :first a~d second tiiD.e, referred 1\fr. HEARD also introd~ced a bill (H. R. 7975) for the relief of Isa.ac to the Committee oii Commerce, and ordered to be printed. A. Davis; which was read a :first and second time, referred to the Com~ ROY.AL J. HIAR. mittee on War Claims, and ordered to be printed. 1\Ir. COliSTOCK introduced a bill (H. R. 7959) granting a pension 1\IORGAN WELSH. to Royal J. lliar; which was read a first and second time, referred to Mr. HEARD also introduced a bill {H. R. 7976) granting a pension the Committee on Invalid Pensions, and ordered to be printed. to Morgan Welsh; which was read a :first and second time, referred to JOHN S1.l!DER. the Committee on Invalid Pensions, and ordered to be printed. 1\Ir. COMSTOCK also introduced a bill (H. R. 7960) to pay arrears of ZEPHANIA STOUT. pension to John Snyder; which wasreadafirstandsecond time, referred to the Committee on Invalid Pensions, and ordered to be prmted. 1\fr. DOCKERY (by request) introduced a bill (H. R. 7977) granting a pension to Zeph~ Stout; which wn.s read a first and second time, HORATIO N. NORTON. referred to the Committee on Invalid Pensions, and ordered to be printed. 1Ir. CUTCHEON intJoduced a. bill (H. R. 7961) granting a pension T. J. LOCEY. to Horatio N. Norton; which was read a first and sec~md time, referred to the Committee on Pensions, and O!dered to be printed. 1\Ir. STONE, of Missouri, introduced a bill (H. R. 7978) granting a ~ension toT. J. Locey, of Barton County, ~ouri; which was read a SOLDIERS RESTORED TO PENSION-ROLL. first and second time, referred to the Committee on Invalid Pensions, 1\Ir. BURROWS introduced a bill (H. R. 7962) for the relief of soldiers and ordered to be printed. restoJ:ed to pension-roll; which was read a. first and second tim~, referred to the Committee on Invalid Pensions, and ordered to be prinfed. JACKSO:N STEWARD. 1\lr. STONE, of Missouri, also iD. troduced a bill (H. R. 7979) granting a. PERSONS RESTORED TO PENSION•ROLLS. pension to Jackso11: Steward, of Barton County, Missouri; which was 1\Ir. BURROWS also introduced a bill (H. R. 7963) for th~ r~lief of read a first and second time, referred to the Committee on Invalid Pen- persons restored to the pension-roll; which was read a :first a~d .second sions, and ordered to be printed. . time, referred to the Committee on Invalid Pensions, and ordeH~d to be S. M. J.AMISO:N. printed. JOHN DIMERS. l'lfr. WOODBURN introduced a bill (H. R. 7980) for the relief of S. M. Jamison, formerlypostmasteroftp.etownofReno, State ofNevada; Mr. STRAIT introduced a. bill (H. R. 7964) for the relief of John Di which wa8 read a :first and second time, refened to the Committee on , mers, late private Company G, Sixth Minnesota Volunteers; which was Claims, and ordered to be printed. read a first and second time, referred to the Committee on Invalid Pen sions, and ordered to be printed. DRAWB.A.CK PRIVILEGE. FRANCES MOSHER. Mr. G~EEN, of New Jersey (by request}, introduced a bill (H. R. 7981) to ex~d the privilege of dmwback and remove restrictions 1\Ir. STRAIT also introduced a bill (H. R. 7965) for the relief of thereon; which was read a :first and second time, referred to the Com Frances Mosher, widow of Hiram A. Mosher; which was read afirst and mittee on Ways and Means, and ordered to be printed. second time, referred to the Committee on Invalid Pension.S; and Ordered to be printed. COURT OF CUSTOMS. LOUIS W. BUCKLEN. 1\Ir. HEWITT ll;ltroduced a bill (H. R. 7982) to create a court of cus Mr. GILFI4LAN introduced a bill (H. R. 7966) granting a pension toms and to provide f~r the speedy trial of customs-revenue cases; to LouisW. Bucklen; which read a :first and second time, referred to the which was read a :first and second time, referred to the Committee on Committee on Invalid Pensions, and ordered to be printed. Ways and Means, and ordered to be printed. EUGENE E. LUCE. l\IRS. ANNA SCHIER. 1\Ir. NELSON introduced a bill (H. R. 7967) to pla 3612 CONGRESSIONAL RECORD-HOUSE. APRIL 19, was read a first and second time, referred to the Committee on War railway across the Isthmus of Tehuantepec, not only as to the required strength of the railway to bear the immense weight upon it, but particulal'ly as to Ihe Claims, and ordered to be printed. perils to the sbip when loaded and with the great strain it must incur in its MATTHEW BRODY. transportation when suspended on a car; and 'Vhereas the proposed ship-railway on the Columbia River in Oregon wh.ile Mr. ~LISS (by 1\Ir. DOWDNEY) intro~uced a bill (H. R. 7987) for !>eing a success for transportation of the smaller shipping there needed an'd add· the relief of Matthew Brody; which was read~ first a.nd second time, mg permanent wealth to that section of our own nation, givin~.: l~bor to our countrymen, will also demonstrate the feasibility of the proposed and more gi referred to the Committee on Claims, and ordered to be printed. gantic plan of isthmian ship-railway: Therefore, BRY .ANT W.ATERS. Resolved, That the Committee on Commerce be instructed to report the follow· ing substitute for H. R. No. 5885: Mr. SKINNER introduced a bill (H. R. 7988)) granting a pension to Be it enacted by the &nate and House of Representatives of the United States ln Bryant Waters; which was read a first and second time, referred to Congress assembkd, That the sum of $1,373,000 be, and the same is hereby appro priated, out of any money in the Treasury not otherwise appropriated, t~ be ex. the Committee on Pensions, and ord~red to be printed. pended under the direction of the Secretary of War, for construction of a ehi~ JOHN F. PENDLETON. railway from deep water in the Columbia River, in the State of Oregon at the city of The Dalles, to deep water in said river at Celilo, in said State. * '* * Mr. SKINNER also introduced a bill (H. R. 7989) for the relief of · John F. Pendleton of North Carolina; which was read a :first and second ELIZABETH DENGES. time, referred to the Committee on War Claims, and ordered t{) be printed. 111r. JACKSON (by request) introduced a. bill (H. R .. 7999) granting THOMAS C. DICKEY. a pension to Elizabeth Denges; which was read a :first and second time, referred t{) the Committee on Invalid Pensions, and ordered to be printed• . Mr. JOHNSTON, of North Carolina, introduced a bill (ff. R. 7990) for the relief of .Thomas C. Dickey; which was read a :first and second WILLI.AM A. SMITH. time, referred to the Committee on Claims, and ordered to be printed. Mr. WHITE, of Pennsylvania, introduceda bill (H. R. 8000) for the NAOMI E. M'COURY. relief of William A. Smith; which was read a :first and second time, r~ ferred to the Committ~e on Military Affairs, and ordered to be printed. Mr. JOHNSTON, of North Carolina, also introduced a bill (H. R. 7991) for the relief of Naomi E. McCoury; which was read a :first and CHILDREN OF JOHN NELSON. second time, referred to the Committee on Claims, and ordered to be Mr. WH~TE, of Pennsylvania, also introduced a bill (H. R. 8001) printed. granting a pension to Archibald Nelson and John Nelson, minor children STEPHEN RICE. of John Nelson; which was read a :first and seco-nd time, referred to the Mr. JOHNSTON, of North Carolina, also introduced a bill (H. R. Committee on Invalid Pensions, and ordered to be printed. 7992) to place the name of Stephen Rice on the pension-roll; which was LOREN BURRITT. read a :first and second time, referred to the Committee on Invalid Pen Mr. OSBORNE intr~duceda. bill (H. R. 8002) to increase the pensioA sions, and ordered to be printed. of Loren Burritt, late lieutenant-colonel Eighth Regiment United GEORGE W. BROWN. States Colored Troops; which was read a :firsta.ndsecond time, referred Mr. COWLES introduced a bill (H. R. 7993) granting a pension to to the Committee on Ip.valid Pensions, and ordered to be printed. George W. Brown; which was read a :first and· second time, referred to JOHN NELSON. the Committee on Invalid Pensions, and ordered to be printed. Mr. CAMPBELL, of Pennsylvania, introduced a bill (H. R. 8003) MOSES TRIPLETT. granting an increase of pension to First Lieut. John Nelson; w bicb was Mr. COWLES also introduced abill (H. R. 7994) granting a pension read a first and second time, referred to the Committee on Invalid Pen. to Moses Triplett, late private Company B, Third Regiment North Car sion , and ordered to be printed. olina Mounted Infantry; which was read a :first and second time, re EXTENSION OF JUDICIAL PRIVILEGES. ferred to the Committee on Invalid Pensions, and ordered to be printed. Mr. HEMPHILL (by request) introduced a bill (H. R. 8004) to au. DONATION OF CONDEXNED CANNON. thorize the United States courts to take cognizance of cases iu which a. citizen of the District of Columbia is a party, the same as if he were·a Mr. COOPER introduced a bill (H. R. 7995) granting condemned citizen of a State; which was reaa a :first and second time, referred to cannon to the Soldiers and Sailors' Monumental Association of Marion, the Committee on the Judiciary, and ordered to be printed. Ohio; which was read a :first and second time, referred to the Commit tee on Military Affairs, and ordered to be printed. HARRIET C. .ADAMS. WILLIAM J. MULVEY. Mr. RANDALL introduced a bill (H. R. 8005) granting a pe.osion w Harriet C. Adams; which was read a :first and second time, referred Mr. THOMPSON introduced a bill (H. R. 7996) for the relief of Will to the Committee on Invalid Pensions, and ordered to be printed. iam J. Mulvey, late second lieutenant Company D, Second West Vir ginia Veteran Volunteers; which was read a :first and second ·time, re SARAH CHISHOLM .AND OTHERS. ferred to the Committee on Military Affairs, and ordered to be printed. Mr. SMALLS introduced a bill (H. R. 8006) for the relief of Mrs. PENSIONS. · Sarah Chisholm and others, of Beaufort, S. C.; which was read a :fir5~ 1\Ir. ANDERSON, of Ohio, introdu~ed a bill (H. R. 7997) for the re and second time, referred to the Committee on Claims, and ordered to lief of soldiers of the late war, honorably discharged after six months' be printed. . . . service, who are disabled and dependent upon their own labor for sup OFFICI.AL BONDS. port; which wasreada:firstand second time, referred t{) the Committee Mr. RICHARDSON introduced a bill (H. R. 8007) to Jlrovide for the on Invalid Pensions, and ordered to be printed. execution of bonds of all officials by their sureties in aliquot parts; ROBERT J. SII.ARP. which w~ read a :first and second time, referred to ihe Committee on the Judiciary, and ordered to be printed. Mr. HERMAN introduced a bill (H. R. 7998) to provide a pension to Robert J. Sharp, late private Company G, Eleventh Iowa Infantry JOHN T. BANDY. Volunteers; which was read a :first and second time, referred to the Ur. McMILLIN (by request) introduced a bill (H. R. 8008) for the Committee on Invalid Pensions, and ordered ·to oe printed. relief of John T. Bandy; which was read a. first and second time, re ferred to the Committee on Invalid Pensions, and ordered to be printed. IMPROVEMENT OF COLU.MBI.A RIVER. JOHN W. SPRADLIN. Mr. HERMAN also submitted the following resolution; which was Mr. McMILLIN also introduced a. bill (H. R. 8009) for the relief of :read, and referred to the Committee on Commerce: John W. Spraalin; which was read a :first and second time, referred to Whereas thtf great Columbia River has a drainage area estimated at 245,000 square miles, embracing portions of Oregon, Nevada, and Washington, Idal10 the Committee on War Claims, and ordered to be printed. · Wyoming, Utah, and Montana Territories, and exceeding all the New England VESSEL FISHERIES OF THE UNITED STATES. and Middle States, with :Maryland, Virginia, and West Virginia combined, and being larger than Germany or France and twice the area of Great Britain and Mr. REAGAN introduced a bill (H. R. 8010) for securing statistics Ireland; and · of the extent and value of the vessel :fisheries of the United States; Whereas the productions of the larger portion of this immense empire must find the cheapest transportation adown the Columbia River to the high seas; which was read a :first and second time, referred to the Committ~e on and that the surplus of said productions .for export from the Columbia. basin Commerce, and ordered to be printed. alone amounted in 1884 in >aloe to $6,000,000, and for the past year the surplus wheat export exceeded 350,000 tons, and 12,000,000 pounds of wool; and that with JOHN D. TINNEY. the vast fertile region yet unoccupied, and with immigration pouring in from the Mr. CATCHINGS introduced a bill (H. R. 8011) for the relief of John American States as well as Europe, it is estimated that in ten years the surplus grain export alone will equal 25,000,000 bushels; and D. Tinney, of Vicksburg, Miss.; which was read a :first and second wqereas serious obstructions to Columbia River navigation exist forl3 miles time, referred to the C<>mmitt~e on Claims, and ordered to be printed. in sa1d river, extending above the city of The Dalles, in Oregon-the whole of said water way being choked by an accumulation of fixed rock and lava-and to HENRY H.ALFIN. open a channel or canal through or around the same is estimated by the United States engineers to cost $11,000,000; whereas by the construction of a ship rail Mr. CRAIN introduced a bill (H. R. 8012) for the relief of Henry way the estimated cost is $1,373,000, as per report of W. A. Jones, major of United Hal:fin, of Victoria, Tex.; which was read a :first and second time, re States engineers, submitted by Secretary of War to United States Senate, Exec ferred to the Committee on War Claims, a.nd orqered to be printed. utive Document No. 114,andit appears therefrom that said railway of 13 miles will connect the continuous navigation of 450 miles above and about 200 miles LUCAS DUBOIS. below to the sea: and Whereas much doubt exists as to the practicability of the proposed Ea.ds ship- Mr. CRAIN also introduced a bill (H. R. 8013) for the reliefofLucas 1886. CONGRESSION:AL RECORD-HOUSE. 3613" Dubois; which wa-s read a first and second time, referred to the "com ing a pension to Michael D. Harrison; which was read a first and sec- • mittee on War Claims, and ordered to be printed. ond time, referred to the Committee on Invalid Pensions, and ordered MRS. CATHERINE ALLEN. to be printed. · • MARY L. WiLLIAMS. · -Mr. CRAIN also introduced a bill (H. R. 8014) for the relief of Mrs. Catherine Allen; which was read a first _and second time, referred to Mr. CASWELL introduced a bill (H. R. 8029) granting a pension to the Committee on War Claims, and ordered to be printed. Mary L. Williams; which wa-s read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. V.'ILLIAM BILLINGS. CREDIT TO DAKOTA FOR ORDNANCE, ETC. Mr. CRAIN also introduced a bill (H. R. 8015) for the relief of Will iam Billings; which was read a first and second time, referred to the Mr. GIFFORD introduced a bill (H. R. 8030) to authorize the Sec Committee on Claims, and ordered to be printed. retary of War to credit the Territory of Dakota with certain sums for ordnance and ordnance stores issued to said Territory, and for other SUBTREASURY AT GALVESTO~, TEXAS. purposes; which was read a first and second time, referred to the Com Mr. CRAIN also introduced a bill (H. R. 8016) to pro~de for the es mittee on Military .Affairs, and ordered to be printed. tablishment of a subtreasury at Galveston, Tex.; which was read a RAPID CITY. DAK. first and second time, referred to the Committee on Coinage, Weights, and Measures, and ordered to be printed. Mr. GIFFORD also introduced a bill (H. R. 8031) granting to Rapid City, Dak., fractional section 16, township 2 north, range7 east, Black PUBLIC LANDS FUND FOR EDUCATION. Hills meridian of said Territory, for a public park; which was read a Mr. CRAIN· also introduced a bill {H. R. 8017) to provide for the first and second time, referred to the Committee on the Public Lands, distribution of the proceeds of the sales of public lands among the States and ordered .to be printed. and Territodes for educational purposes; which was read a first and MILLER & HARDIN. second time. Mr. CRAIN. I move that that bill be referred to the Committe on Mr. JOSEPH introduced a bill (H. R. 8032) for the relief of Miller Labor. _ & Hardin; which was read a first and second time, referred to the Com The question was taken; aml•upon a division there were'-ayes 26, mittee on Claims, and ordered to be printed. noes 47. FAUSTIN VIGIL. So the motion was not agreed to. Mr. JOSEPH also introduced a bill (H. R. 8033) for the relief of The bill was then referred to the Committee on Education. Faustin Vigil; which was read a first and second time, referred to the ISAAC D. JOHNSON. Committee on Claims, a,nd ordered to be printed. Mr. WELLBORN introduced a bill (H. R. 8018) for the relief of Isaac RAFAEL .ARMIJO & CO. D. Johnson; which was read a :first and second time, referred to the Mr. JOSEPH also introduced a bill (H. R. 8034) for -the. relief of Committee on War Claims, and ordered to be' printed. Rafael .Armijo & Co.; which was read a first and second time, referred MARY S. PATRIDGE. to the Committee on Claims, and ordered to be printed. ·Mr. GROUT introduced a bill (H. R. 8019) granting a pension to MANUEL AND RAFAEL :A.RUIJO. ~Iary S. Patridge; which was read a first and second time, referred :M:r. JOSEPH also introduced a bill (H. R. 8035) for the relief of to the Committee on Invalid Pensions, and ordered to be prin~d. Manuel arid Rafael Armijo; which was read a first and second time, TAXES ON LIQUORS DISTILLED FROM FRUITS. referred to the Committee on Claims, and ordered to be printed . . · Mr. CABELL introduced a bill (H. R. 8020) to reduce taxes upon VETO POWER, UTAH TERRITORY. liquors distilled from fruits, and for other pUl'poses; which was read a Mr. CAINE presented a memorial of the Legislative Assembly of the first and second time, referred to the Committee on Ways and Means, Territory of Utah, setting forth the evils arising from the sweeping ex- and ordered to be printed. ercise of the absolute veto power of the governor, by which much needed PUBLIC BUILDING, FREDERICKSBURG, v A. legislation, including tbe general appropriation bill, has been defeated, Mr. CROXTON inttoduced a bill (H. R. 8021) to purchase a site and and asking that this prerogative of the executive of the Territory be erect a public building in the town of Fredericksburg, Va.; which was withdrawn and measUl'es 'adopted for immediate relief; which was re read a first and second time, referred totheCommitteeonPublicBuild- ferred to the Committee on the Territories, and ordered to be printed. ings and Grounds, and ordered to be printed. UNION PACIFIC RAILROAD CO:\IP ANY. HOUR OF MEETING, HOUSE oF REPRESENTATIVES. Mr. CAREY introduced a bill (H. R. 8036) conferring certain powers f . on the Union Pacific Railroad Company with respect to connecting lines Mr. GIBSON, o West Virginia, offered the following resolutiOn; of railroad; which was readafirstandsecond time, referred totheCom- which was read, and referred to the Committee on Rules: mittee on Pacific Railroads, and ordered to be printed. Resolved, That on and after Monday next the House of Representatives meet at 11 o'clock a. m. on each day. • . CHEYENNE AND NORTHERN RAILWAY COMPANY. SAMUEL BROTZ~IAN. Mr. CAREY also introduced a bill (H. R. 8037) to authorize the Chey ?tfr. PRICE introduced a bill (H. R. 8022) for the relief of Samuel enne and Northern Railway Company to build its road across the Fort Brotzman; which was read a first and second time, referred to the Com Russell and Fort Laramie military reservations; which was read a first mittee on Military .Affairs, and ordered to be printed. and second time, referred t EXTBA LOCK ON BONDED WAREHOUSES. UNIT.ED STATES PAPER CURRENCY. Mr. LAFFOON aJso introduced a. bill (H. R. 8042) allowing aistill Mr. TIMOTHY J. CAMPBELL introduced a bill (H. R. 8055) to lers an extra lock on thell' United States bonded warehouses; which improve the paper currency of the United States; which was read a · was read a first and second time, referred to the Committee on Ways first and second time, referred to the Committee on Banking and Cur- and Means, and ordeTed to be printed. rency, and ordered to be printed. · HENRY SOMMERS. ANDREW LUTZ. Mr. KELLEY introduced a bill (H. R. 8043) granting a pension to Mr. TIMOTHY J. CAMPBELL also introduced a bill (H. R. 8056) Henry Sommers; which was read a fust and second time, referred to for the relief of Andrew Lutz, of New York city; which was read a the Conunittee on Invalid Pensions, and ordered to be printed. fust and second time, referred to the Committee on War Claims, and SAMUEL G. M1LOUGHLIN. ordered to be printed. ~Ir. WINANS introduced a bill (H. R. 8044) granting a pension to THEODORE DUNMIRE. Samu,el G. McLoughlin; which wasreadafirst and second time, referred Mr. SYMES inirodnced a bill (H. R. 8057) for the relief of Theodore to the Committee on Invalid Pensions, and ordered to be printed. Dunmire; which was read a first and second time, referred to the Com FRANK FREUND. mittee on Invalid Pensions, and ordered to be printed. Mr. WINANS also introduced a bill (H. R. 8045) granting a pension WILLIAM COLLINS. to Frank Freund; which was readafustan.d second time, referred to the Mr. SYl\fES also introduced a bill (H. R. 8058) for the relief of Will Committee on Invalid Pensions, and ordered to be printed. iam Collins; which was read a first and second time, ~eferred to the ERASTUS W. KENNEDY. Committee on Invalid Pensions, and ordered to be printed. Mr. WINANS introduced a bill (H. R. 8046) granting a pension to WILLIAM COLLINS. Erastus W. Kennedy; which was read a first and second time, referred Mr. SYMES also introduced a bill (H. R. 8059) for the relief of Will to the Committee on Invalid Pensions, and ordered ~o be printed. iam Collins; which was read a first and second time, referred to the MAPS OF THE UNITED STATES. Committee on Pensions, and ordered 1i9 be printed. lt:ir. DUNN introduced a joint resolution (H. Res. 160) to authorize WILLIAM F. :rtiERRIFIELD. the Commissioner of the General Land Office to cause 15,000 copies of the map of the United States and Territories to be printed; which Mr. SYMES also introduced a bill (H. R. 8060) for the relief of Will was read a :first and second time, referred to the Committee on Print iam F. Merrifield; which was read a first and second time, referred to ing, and ordered to be printed. the Committee on Invalid Pensions, and ordered to be printed. SARAH POOLE. ERNEST BARTH. Mr. BING:i:IAM introduced a bill (H. R. 8047) granting a pension to Mr. McCOMAS introduced a bill (H. R. 8061) granting a pension to Sarah Poole; which was read a first and second time, referred to the Ernest Barth, late sergeant Company C, Sixty·eighth New York Vol Committee on Inyalid Pe~ons, and ordered to be printed. unteers; which was read a first and second time, referred to the Com mittee on Invalid Pensions, and ordered to be printed. READJUSTMENTS OF THE SALARIES OF POSTMASTERS. Mr. BINGHAM also submitted the following resolution; which was .AMELIA ANDERSON. read, and referred to the Committee on the Post-Office and Post-Roads: l\fr. McCOMAs also introduced a bill (H. R. 8062) g:tanting a pen Resol1Md by the Hou.se of .Representatives, That the Postmaster-General be re sion to Amelia Anderson, widow of David Anderson, late of Company quested to submit to the House of Representatives, through the Secretary of the I, First Maxyland Cavalry Volunteers; which was read a first and 'l'reasury, estimates oftlie amount of money required during the fiscal year end ing June 30, 1887, to pay postmasters and late postmasters between July 1, 1864, second time, referred to the Committee on· Invalid Pensions, and or and July 1, 1874, upon the basis of actual commissions, in those cases wherein it dered to be printed. shall appear that such postmasters and late postmasters of the third, fourth, and CHARLES MERTENS. fifth classes have been allowed salaries 10 per cent. more or less than commis sions, and of the amount of money required for such additional clerical force Mr. McCOMAS alro introduced a bill (H. R. 8063) granting a pen as mav be necessary to promptly complete readjustments of salaries of such post sion to Charles Mertens, late private Company G, Second Maryland m astei-s and late postmasters under the act oi March 3, 1883. Infantry Volunteers; which was read a fust and second time, referred RED RIVER EXPEDITIOY. to the Committee on Invalid Pensions, and ordered tq be p~ted. Mr. GLOVER (by request) introduced a bill (H. R. 8048) for there lief of the officers and. crews of the United States steamers Forest Rose PETER GIFFIN. and Argogy, late of the Red River expedition; which was read a first M~. MdCOMAS also introduced·a bill (H. R. 8064) to remove the and second time, referred to the Committee on War Claims, and ordered charge of desertion against Peter Giffin, Company A, Third Regiment t? be printed. Maryland Infantry; which was read a fust and second time, referred to PETER KUMPF. the Cbmmittee on Military Affairs, and ordered to be printed. Mr. GLOVER also introduced a bill (H. R. 8049) for the relief of DANIEL KILLIG.AN. Peter Kumpf; which was read a first and second time, referred to the Mr. McCOMAS also introduced a bill (H. R. 8065) for the relief of Committee on Military- Affairs, and ordered to be printed. Daniel Killigan, late private Company G, Thirty-seventh New York . RAILROAD AND TELEGRAPH, MISSOURI RIVER TO PACIFIC OCEAN. Volunteers; which was read a first and second time, referred to the Mr. STRUBLEintroducedabill(H. R. 8050) toamendsection17of Committee on Pensions, and ordered to be printed. an act approved July2, 1864, entitled "Anacttoamendan actentitled MARTHA VORHEES. 'An act to aid in the construction of a-railroad and telegraph line from ::M:r. NEECE introduced a bill (H. R. 8066) to pension Martha Vor the Missouri River to the Pacific Ocean, and to secure the Government hees; which was read a first and second time, referred to the Commit- the use of the same for postal, military, and other purposes,' '' approved tee on Invalid Pensions, and ordered to be printed. . July 1 1862; which was read a first and second time, referred to the Committee on Pacific Railroads, and ordered to be printed. ANDREW J. VAN ORDER. Mr. NEECE also iutroduced a bill (H. R. 8067) to pension Andrew STENOGRAPHERS' CLAIMS. J. Vanorder; whichwasreada:firsta.ndsecond time, referred to the Com Mr. ZACH. TAYLOR (by Mr. BALLE.t.~TINE) introduced a bill (H. mittee on Invalid Pensions, and oTdered to be printed. R. 8051) for the relief of James 0. Clephane, R. S. Boswell, and E. D. Easton; which was read a first and second time, referred to the Com EBENEZER GRAY. mittee on Claims, and ordered to be·printed. Mr. NEECE also introduced a bill (H. R. 8068) granting a pensio~ to Ebenezer Gray; which was read a first and second time, referred to NATHANIEL RUSTEN. the Committee on Invalid PensiCJns, and ordered to be printed. Mr. STONE, of Kentucky, introduced a bill (H. ;R. 8052) granting a pension to Nathaniel Rusten, father of James Rusten, late of Com T. C. GREENHILL. pany-, Seventeenth Kentucky Volunteers; which was read a first 1\fr. WHEELER introduced· a bill (H. R. 8069) for the. relief of T. and second time, referred to the Committee on Invalid Pensions, and C. Greenhill; which was read a first and second time, referred to the ordered to be printed. Committee on War Claims, and ordered to be printed. PATENTED INVENTIONS FOR PUBLIC USE. JOHN .ASKEW. Mr. HOLMAN intrOduced a bill (JJ. R. 8053) to secure to the pub Mr. WHEELER also introduced a bill (H. R. 8070) for the relief of lic the use of patented inventions; which was read a first and second John Askew; which was read a 'fust and second time, referred to the time, referred, to the Committee on Patents, and ordered to be printed. Committee on War CJaims, and ordered to be printed. JOHN C. WALLS. . JOHN MARTIN FENNELL! Mr. ~IATSON introduced a bill (H. R. 8054) granting a pension to Mr. WHEELER also introduced a bill (H. R: 8071) for the relief of John C. Walls; which was read a first and second time, referred to the John Martin Fennell; which was read a. first and second time, referred Committee on Pensions, and ordered to be printed. to the Committee on War Claims, and ordered to be printed. 1886. OONGRESSIONAL RECORD-HOUSE. 3615 HENDERSON C. LEACIL sideration to be in the order designated by the committee, not to interfere with the general appropriation or revenue bills, and if so interfered with on that day Mr. HUTTON introduced a bill (H. R. 8072) for the relief of Hen this shall be a continuing order until one day has been occupied by sa.ia com· derson 0. Leach; which was :read a first and second. time, referred ~o mittee. the Committee on Claims, and ordered t-o be printed. The SPEAKER. Is a second demanded? ELLEN l'riAY BROWN. 1r1r. McMILLIN. I ask whether this includes reports from the Com- JI!Ir. SPOONER introduced a bill (H. R. 8073) for the relief of Ellen mittee on Public Lands? May Brown and her minor children, and to increase their pensions; The SPEAKER. The resolution has been read.. It does not. which was read a first and second time, referred to the Committee on Mr. MORRISON. Does it confine the privilege to one day? Pensions, and ordered to be printed. The SPEAKER. It is confined to one day, but if interfered with on thAt day the resolution provides the committee shall h::we another STATUES OF GENERAL WAYNE AND WILLIAM PE~'N. day. - Mr. EVERHART introduced a bill (H. R. 8074) for the erection of Mr. HENLEY. How many days? statues to Anthony Wayne and William Penn; which was read a first The SPEAKER. One day. and second time, referred to the Committee on the Library, and ordered Mr. HENLEY. And then in a certain" contingency another day. to be printed. The SPEAKER. Debate is not in order unless a second is de- TRANSPORTATION OF MAILS BY Al\IERICAN STEAMSHIPS. manded. The question is on adopting the resolution. Mr. BURROWS introduced a bill (H. R. 8075) to provide for the The House divided; and there were-ayes 94, noes 9. transportation of the foreign mails on American steamships; which was So (further.count not. being demanded and two-thirds having voted read a first and second time, referred to the Committee on the Post in the affirmative) the rules were suspellded and the resolution· was Office and Post-Roads, and ordered to be pripted. adopted. SOLDIERS' HOME, KORFOLK, VA.. NAVIGATION AND FISHERY INTERESTS. Mr. BURROWS also submitted the following resolution; which was The Committee on Military Affairs was called. read, aild referred to the Committee on Rules: Mr. NEGLEY. I am instructed by the Committee on Military Af Resolved, That a select committee, to be composed of nine members, shall be fairs to move that -the ·rules be strspended, aml that the Committee of appointed, to which shall be referred all propositions relating to the subjects of the Whole House on the state of the Union be discharged from the fur navigation and fishery interests of the United ~3tates. ther consideration of the bill (H. R. 4232) to reimburse the National · GEORGE W. BRANT. Home for Disabled Volunteer Soldiers for losses incurred through the failure of the Excpange National Bank of Norfolk, Va., and for oU1er Jl!!r. W AKEFffiLD introduced a bill (H. R. 8076) to increase the purposes, and that the same be passed. · pension of George W. Brant; which was read a first and second time, The bill was read, as follows: referred to the C-ommittee on Invalid Pensions, and ordered to be prin~ .. Whereas at the time of the failure of the said bank it was one of the desig nated depositories of the United States, and held on deposit from the treasurer & FREEl\IAN 1 RICHARDSON CO. of the National Home, in aeoordanco with tb-e special instructions of the Secre Mr. BARBOUR {by request) introduced a bill (H. R. 8077) for the tary of the Treasury, the sum of ~.60!.82; of this amount there has been re funded by dividends the sum of$7,342.36, leaving a ba.la.n~ of$20,262.4.6 due said relief of Freeman, Richardson & Co.; which was read a first and second National Home; and · • time, referred to the Committee on Claims, and ordered to be printed. Whereas the proper aecounting officers, upon the advice of the Solicitor of the Treasury, have decided that the home can not 'be reimbursed for the balance LYDIA S. JOHNSOX. dneit from the proceeds of the sale of the bonds pledged for the security of pub Mr. SA·wYER introduced a bill (H. R. 8078) for the relief of Lydia lic moneys held by said bank; and 'Vhereas the treasurer of said home is in no wise responsible for said Joss, S. Johnson; which was read a first and second time, referred to the and it would be an act of the grossest injustice to withhold the money due to Committee on Invo.lid Pensions, and ordered to be printed. pensioners and other inmates of the home: Therefore, Be it enacted by the Senate and. House of Representalives of the Uniled Slates of PIROl\llS H. BELL. America ill Oong~·es3 assembled, That the Secretary of the 'l'reasury be, and he is JI!Ir. HAMMOND introduced a bill (H. R. 8079) for the relief of Pi hereby, authorized n.nd directed to pay, or cause to be paid, to the treasurer of the National Home for Disabled Volunteer Soldiers the sum of $20,262.46, out of romis H. Bell, administrator of Marcus A. Bell, deceased, and others; any moneys in the Treasury not otherwise. appropriated, to be held and ex which was read a first and second time, referred to the Committee on pended by him as originally intended. War Claims, and ordered to be printed. SEc. 2. That from and after the passage of this act it shall be the duty of tho 'l'reasurer of the United States to 1·equire from the president n.nd cashier of all banks ll.'~ed as depositories by the treasurer of the home a deposit of bonds suf y PAYMENT OF INDIAN DEPREDATION CLADIIS. ficient in amount to fully secure all moueys pertaining t~ !:aid home left ou de Mr. HENLEY introduced a bill (H. R. 8080) making an a.ppropria posit with any such bank. tion for the purpose of paying Indian depredation claims which ha>e 11-Ir. MILLS. In order that an explanation may be given of the bill been audited and approved by the Secretary of the Interior and reported I demand a second. But I suggest that the second be considered as to Congress; which was read a first and second time, referred to the ordered. • . Committee on Indian Affairs, and ordered to be printed. There was no objection, and the second was considered as ordered. T. J. HURLBUT. The SPEAKER. Under the rnles thirty minutes are allowed for de· Mr. HENLEY also introduced a bill (H. R. 8081) for the relief ofT. bate; fifteen in support of the proposition and fifteen against it. J. Hurlbut; which was read afirstandsecond time, referred totheCom Mr. NEGLEY. I ask the Clerk to read the report of the committee. mittee on Invalid Pensions, and ordered to be printed. It gives a history of the whole case, and when it is z-ead I am sure it INDIAN DEPREDATIONS. will satisfy every doubting mind in the House. The SPEAKER. The report will be read in the time of the gentle- Mr. !IENLEY also introduced a bill (H. R. 8082) in relation to In man {rom Pennsylvania. [Mr. NEGLEY]. • dian depredations; which was read a :first and second time, referred to The report {by Mr. NEGLEY) was read, as follows: the Committee on India~ Affairs, and ordered to be printed. . The Committee on 1\Iilitary .Affairs, to whom was referred House bill 4232, have UNION PACIFIC RAILROAD. carefully considered the same, and submit the following report: The facts upon which this claim is based were found to be as follows: Mr. HENLEY also submitted a resolution asking an investigation Pursuant to the regulations of the board of managers and the special instruc by a special committee of the relations of the Union Pacific Railroad tions conta.ined inn. letter of the Secretary of the T1·easury, a copy of which is Company with the United States Government; which was read, and re made a part of this report- .rerred to the Committee on Rules. TREASURY DEl'ARTllENT, 0FF1CE OF THE SECRETARY, Washington, D. 0., November 2, 1882. W. A. GROSS, M. D. Sm: Referring to that part of your letter of the 30th ultimo, addressed to the Mr. BLAND introduced a bill (H. R. 8083) for the relief of W. A. Treasurer of the United States, iL which you ask whether deposits made by the treasurers of the several branches of the National Home for Disabled Volunteer Gross, M. D.; which was read a first and second time, referred to the Soldiers are public moneys, I have to inform you that all moneys pertaining to the Committee on Invalid Pensions, and ordered to be printed. accounts with the United States or the officers referred to are public funds, and should be deposited with the Treasurer, an assistant treasurer, or a designated ORDEB OF BUSINESS. depository of the United States only. The SPEAKER. The Chair will proceed to call committees for mo Very respectfully, ' CHAS. J. FOLGER, Sect·eta1y. tions to suspend the rules. The call rests with the Committee on For General WILLIAM B. FRANKLIN, eign Affairs. President National Home for Disabled Volunteer Soldiers, Hartford, Cbnn.- BUSINESS OF 001\Il\ITTTEE ON FOREIGN AFFAIRS. William Thompson, treasurer of the ~uthern branch of the National Home for Disabled Volunteer Soldiers, had on deposit with the Exchange National Bank Mr. BELM;ONT. I. am instructed by the Committee on Foreign of Norfolk, Va., April 3, 1885, the day of its failure, the f'Um of $27,604.82, credited Aft1.irs to move to suspend the n1les and adopt the resolution which I to the following acc_ounts: send to the desk. For the support of the home ...... •.....•...... •...... • $2, 2iu 73 Pension fund (unexpended) ...... - ...... 17,419 98 The Clerk read as follows: 7 That Tuesday, May 18 next, after the expiration of the hour for the consider ~~:t~[;:::;;s· {;;;;_;j:.".".".".".".".".".".".".".".":::::::::::::::: :::::: ."." .".".".".".".".".".".".".":."."."." ." ."."."."."."."."."::::::::: :::::: ' l~: : ation of bills under clause 5 of Rule XXIV, be, and the same is hereby, set apar~ for the consideration of such general bills as may then be upon the Cal· Total ...... •...... ••...... 27, 60! 82 endn.r of the House, rep<>rted from the Committee on Foreign A.ffairs, the con- There has been realized from the assets of said bank since its failure the sum ~ 3616 CONGRESSIONAL RECORD-HODS~. APRIL 19; ofS?,342.36, leaving due the home the sum of $20,262.4.6, with no prospect of col Mr. MII.. LS. Does not the Secretary of the Treasury hold that the lectmg the same. The president oftbeboardofmanagersaddressed acommunica.tion to the Sec bonds are not sufficient to secure the public deposits in that bank? retary of the Treasury under date of June 11,1885, requesting that the said bal Mr. NEGLEY. . No, sir; but that they were not applicable. an~should be made good by the bank. Again, on July 31,1885, he submitted Mr. MILLS. Not sufficient to cover this particular character of da. a b~1ef of the case to the Secretary of the Treasury, asking speedy action. The subJe<:t-!Datter w:as refe:t:red by the Secretary to the Solicitor of the Treasury for posits? an opm10n. Th1s officer decided that the unpaid balance due the home could Mr. NEGLEY. Yes; and he declined to refer the mattet to the-.At not be legaiJr paid out ~f the proceeds of the sale of the bonds heretofore pledged torney-General. for the security of public moneys by the bank. The president of the board of managers filed exceptions to this decision, and received in reply the following: Mr. MILLS. Then the Secretary does not hold these are public de TREASURY DEPARTliENT, OFFICE OF THE SECRETARY, posits. He must hold if they are public deposits the bonds are liable. Washington, D. 0., December 28, 1885. He must hold that they are private deposits. SIR: I have received your letter of the 23d instant, requesting that there be Mr. NEGLEY. No, he does not hold that they are not public de referred to the Department of Justice all the papers in the matter of the decision posits, but he states that the receiver of the bank declined to admit them of this Department that the pension-money of pensioners of the Southern Branch of National Home for Disabled Volunteer Soldiers in the Exchange National as part of the public moneys, and hence he declined to refer the matter Bank of Norfolk, Va., when that: public depository failed, is not public money.. to the .Attorney-Geneml because the home had received a 20 per cent. In reply yon are informed that the receiver of the bank; having formally pro dividend. tes~d against the payment of this account from the proceeds of the sale of the Umted States bonds held in trust as security for public deposits, the matter was Mr. STEELE. But the law requires that these funds shall be placed referred to the Solicitor of the Treasury for his opinion as to whether it would in the hands of the treasurer. be proper for me to pay from the proceeds of the sales of the security bonds the Mr. NEGLEY. Yes, under the organic act establishing the home. amount standing on the books of the bank to the crettit of the treasurer of the home. Mr. MILLS. Mr.. Speaker, ifthese are private deposits; while I would The Solicitor, after three times carefully considering the matter, decided that regret very much that the ,old soldiers should lose thim (if they are to only n,276.73, the amount to the credit of the National Home for which returns be lost), yet they stand on nP higher ground than the deposits in national were rendered to the Department, could be so paid. This amount was paid in full (rom the proceeds and the remainder turned over to the Comptroller of the ban~ of any other citizens of the United States. If they are public Currency for the benefit of the creditors and merged with the general funds of depoSits they ought to have bonds there to secure them.. That is the the bank. whole question. Since then the Comptroller has paid the first dividend of 20 per cent. on claims proved against the Exchange National Bank, including those of Mr. William Mr. NEGLEY. :J3nt I beg to state to the gentleman· that the vet Thompson, treasurer, as follows, namely: erans had n~ control of their own money at.all. They were compelled by the organic act establishing the home to transfer their certificates, and hence they had no control over them. They did not make the de Amountofl Dividend posits themselves of their own volition; the money was under the con daim. ofc:lr trol of the treasur.er, who was an agent of the Government. ------I . . The SPEAKER. If there be no further debate, the question is on Pension fund ...... ~ ...... $17,419 98 $3,484 00 the motion of the gentleman from Pennsylvania [Mr. NEGLEY] to sus Home store...... 7, 713 83 1,542 77 pend the rules, dischar~e the Committee oft,he Whole from the further Dead soldiers' effects...... :.:...... ;...... 194 28 3886 consideration of this bill, and pass it. _ Trustee Robert Mallow...... , ...... ,...... 513 75 102 75 '.rrustee Charles Schot~ ...... •....•...... :...... 105 75 2115 The House divided; and there were-ayes 86, noes 12. . So (more than two-thirds having voted in the affirmative) the motion was agreed to and the bill was passed. Having disposed of the proceeds of the bonds, and the treasurer of the home having received the first dividend of 20 per cent., I must now decline to refer O~DER OF BUSINESS. the papers to the Attorney-Genera.l,as requested by you. Respectfully, yours, . Mr. HERBERT. Mr. Speaker, I move to suspend the rules and pass D. MAN~G, Secreta1-y. the resolutioh which I send to the Clerk's desk. General WILLIAM B. FRL" nor with prior orders, nor with reports from the Committee on the Public Lands,• amendment. The provision dPclaring that the previous question shall be set apart for the consideration of Ho1:se bill 6664, entitled ''A bill to increase be considered as ordered at that time on the bill and on all amendments, the naval establishme'at;" and if sa!c..l i.Jill shall not have been previously dis posed of, that Tuesday, the 27th day of April, 1886, immediately after the reading of course, shows that the right to amend is not taken away. of the Journal, i.s set apart for. the exclusive considera~ion thereC?f in the ~ou~e, Mr. BROWN, of Pennsylvania. Might not this order result in pre- as in the Comm1ttee of the Whole, and that the preV1ous question on s1ud blll venting the discussion of the bill at any time except on that special day? and all amendments which may be offered thereto be considered as ordered at llJllf p!lst 5 o'clock p.m. of ~id 27th day of April. Mr. HERBERT. That might possibly be the case. Mr. BROWN, of Pennsylvania. Is it not likely to be the case? :Mr. DUNHAM. 1\fr. Speaker, I rise to a parliamentary inquiry. Mr. HERBERT. I think not. The SPEAKER. The gentleman will state it. Mr. BROWN, of Pennsylvania. With all the exceptions in the res ~ir. DUNHAM. Is the river and harbor bill a "regular appropria olution? tion bill ? " M:r. HERBERT. I think not. The resolution fixes Tuesday of next The SPEAKER. No such thing is known to the rules of the House week for the final disposition of the bill. ' 11 11.s a regular appropriation bill.~' The Chair supposes that by the Here we are at this stage of the session, a~d here is this bill to provide term '' regular appropriation bills " the gentleman means general ap for the common defellSe-a purpose which, as we read in the Constitu propria tion bills. The river and harbor bill is not a general appropria tion, wasoneoftheprimepurposesof the Union. To-day we are utterly tion bill. - defenseless. Our long lj.ne of coast, our cities by the sea, are absolutely 1\Ir. DUNHAM. Then under this resolution the bill to increase fhe at the mercy of any foreign power. Brazil could to-day successfully naval establishment will have preference over the river and harbor bill. born bard any city on your Atlantic coast. Chili could successfully bom 1\lr. HERBERT. No, sir. bard San Francisco. Both parties on this floor are committed to an in Mr. DUNHAM. According to the ruling of the Speaker it will. crease of the naval establishment. Shall weonanypretext whatever Ur, HERBERT. I meant to except the river and harbor bill; and if on the pretext by one man that the day does not suit him or that ~e there is any doubt as to the construction of the resolution I will ask to time allowed is not long enough, and on the pretext by another that 1t modify it in that particular. is too long-shall we manage that this bill shall fail and not have·con · Ur. COBB. I demand to have the resolution so modified as to give sideration here? Who is it that will oppose tJ:le consideration of this the Committee on Public Lands the right to have their bills considered. measure, and-undertake tojnstifyhimselfbefore the country, caviling. The SPEAKER. Upon a rereading of the resolution the Chair thinks and saying that the resolution does not exactly suit him? The Com it would not interfere with the consideration of reports from the Com mittee on Naval Affairs could not have drawn the resolution so as to mittee on Public Lands. snit everybody. The consideration of this bill at any time must of Mr. COBB. Will the resolution as it now stands prevent the Com course conflict with the consideration of some bills; the_resoltion bas mittee on Public Lands from taking up in the House any bill already been so worded that the conflict shall be as little as possible. reported by them? Mr. Speaker, I reserve the balance of my time. _ The SPEAKER. The Chair thinks that the resolution asnowmadi The SPEAKER. The gentleman has ten minutes remaining. fied will not interfere with the consideration of any such bill. . Mr. HAMMOND. Will the gentleman beforehetakes his seat yield Mr. HERBERT. I ask unanimous oonsent that a second may be for a question? considered as ordered on the motion to suspend 'he rules, so as to give · Mr. HERBERT. Yes. me an opportunity to explain the resolution. Mr. llAMMOND. I would like to l"llow whether, under your reso Mr. JO.NES, of Alabama. Has the river and harbor bill been ex- lution, yon do not absorb the day already set apart for the Judiciary cepted? . Committee. The SPEAKER. Is there objection to the request of the gentleman Mr. TUCKER. Of course it will. from Alabama [Mr. HERBERT] that a second beconsideredasordcred? Mr. HERBERT. , No, sir. 1\Ir. ?!-!ORRISON. I object. 1\Ir. HA~IMOND. Which is the 24th. The SPEAKER. Under the rule the question upon ordering a sec Mr. HERBERT. We do not, because that is a prior order. ond will be taken by tellers, and the Chair appoints the gentleman from 1\Ir. TUCKER. But the gentleman's resolution does not say prior Illinois [Mr. MoRRISON] and the gentleman from Alabama [Mr. HER order. · _BERT]. · ~ir. HERBERT. It is on the Calendar so printed and so ordered, l\:Ir. HERBERT. I want a chance to explain the resolution. !tap and there can be no doubt about it. pears to be misunderstood. The Honse will not Yote down the resolu Mr. PERKINS. You suggest that very da.ybe set apartfor debate? tion if it understands it. 1\Ir. HERBERT. No; the 27th is the day set aparb for final debate The tellers proceeded to make the count. . under the resolution. Mr. HERBERT (during the count). I ask that the resolution may 1\Ir. HAMMOND. Are prior orders excepted here-in the resolution? be read again. It is not understood. It offers the fullest and fairest Mr. HERBERT. They are expressly. opportunitY for discussion. . _ Mr. TUCKER. I see it does say previous orders and saves the Ju- TheSPEAKER. Is there objection tohavingtheresolntionreadagain? diciary Committee. · Several members objected. Mr. HERBERT. It does say so . .Mr. ·MORRISON (when the count had continued some time). l\Ir. 1\Ir. HAMMOND. As that is a prior order upon the Calendar. Speaker, a majority of those voting seem to be in the affirmative, and Mr. HERBERT. Certainly, and when gentlemen come to under I will not contend abont the matter any longer. stand the resolution I am sure there can be no objection to it. Now I The SPEAKER. Isafnrtherconntinsisted upon? [Apanse.] No reserve the remainder of my time. further count being demanded, a second will be considered as ordered. Mr. HAMMOND. That will.save the Committee on the Judiciary, · Under the rules, thirty minutes are now allowed for debate on this I believe. proposition. The gentleman from ALb::tma [l\:lr. HERBERT] will be Mr. MORRISON. Mr. Speaker, I object to this proposition, because recognized as entitled to control the time in support of the proposition, if it means anything, with all the exceptions H contains, it means that and the gentleman from Illinois [Mr. MoRRISON] to control the time on the next Tuesday, after to-morrow at a fixed hour, with or without in opposition. previous debate-and debate can not be had under this resolution-the Mr. HERBERT. l\Ir. Speaker, there are several ways of opposing vote shall be taken. It proposes to begin on next Thursday, and then successfully any proposition in this Honse. One of the most success it gives precedence to the committees having appropriation bills iu ful is, when there are but fifteen minutes on each side for debate to charge. It excepts Saturday; because there is a prior order. f confuse the House and prevent it from understanding the provisions of Monday it excepts or leaves out; and then Tuesday, the day on which the proposition. I desire that the House shall underf?tand what the res the vote is to be taken, another appropriation bill has the right of way olution is upon which it is called to vote. It simply proposes to fix a or precedence. Notwithstanding all these exceptions, it provides on ' day for the consideration of the bill for the increase of the naval estab- that day, whether we have had any debate or not, the previous ques.. ' . lishment. As originally introduced it provided that the discussion on tion, without further action on the part of the House, shall stand as this bill should be begun on Tuesday, April20 (to-morrow), and should ordered; and we then, in that condition of preparation or advisement, ' go on from day to day except Friday and Monday-not to interfere ~ith will be called upon to vote on this bill to increase the naval establish the consideration of revenue bills, regular appropriation bills (mean ment, involving many millions of money-nobody knows how many, ing general appropriation bills), nor with the morning hour, nor with and if apybody does know he will have no opportunity of telling us. the hour for the call of committees for the consideration of bills, nor This is in fact to be the beginning of a new navy, the inauguration of a with prior orders-until Tuesday, the 27th instant, a week from to new policy. Besides the three or four ships already authorized but not morrow. built, this is a proposition to starb ten others with $6,000,000, which The resolution further provides that on that day immediately, after is to be but a beginning. the reading of the journal, the bill if not previously disposed of shall Mr. HERBERT. Let me ask if it was not at the gentleman's in be called up and be entitled to consideration to the exclusion of every stance or not that it took too much time I modified the resolution and thing else for that one day, and that the previous question be considered changed it from Tuesday to Friday, and having done it the gentleman as called at 5o'clock and 30 minutes that evening; thus securing on that now comes in here and says it does not take time enough. Did you day five homs at least of full discussion; also giving the fullest right of not do that? · XVII--227 3618 CONGRESSIONAL RECORD-HOUSE. APRIL 19, Mr. 1110RRISON. Tuesday you propose to t.ake the time given al struction, and ye.t the very same condition of affairs to whi<;;h gentlemen ready to an appropriation bill, which I am anxious to have disposed of. refer has existed. In fact, the1·e is less need..for them now than ever. I did suggestfrom my seat·here that ought not to be done. We C.:'Ul, as all men know, -construct them at our leisure. Mr. HERBERT. Did you. not make the objection the resolution 1\fr. BROWN, of Pennsylvania. If the initial steps have not been took too much time? and now your objection is, after it has been mod taken let us make a beginning now. ified in accordance with your wish, that it does not take time enough. Mr. HOLMAN. If it was so important, -why havOo they not been Mr. MORRISON. I did, and still do, object to the obstruction of commenced? Why have not some steps been taken, some beginning or taking the time of the unfinished appropriation bill which went over looking to their construction? to Tuesday. I object to this and to the balance of it. It means that Mr. BOUTELLE. That is a question to be answered by another the previous question shall be ordered on Tuesdayofnextweekwhether department of the Government over which we have no control. there is any debate or not, and we all know there can be none. If my .Mr. HOLMAN. That is Yery trne; but has the gentleman beard of suggestion, that Tuesday and Wednesday ought to be left to finish the any public complaint or clamor, any public demand for their construc unfinished appropriation bill, was acted upon it did not change the merit tion, any great apprehension expressed by our people which would de of this proposition nor its effect, for these two d~s would be so used mand the immediate construction of new war vessels? Does he bear with or without the modification made by the gentleman from Alabama. any expression of fear uttered by the people because of our defenseless 11Ir. HOLMAN rose. . condition? Our defenses are already complete against any peril from The SPEAKER. How much time does the gentleman !rom Illinois abl"Oad. yield? · · · Mr. BOUTELLE. I think there has been a great deal of that ap Mr. MORRISON. All he wants. I am done. The gentleman can prehension and a great deal of uneasiness, and especially because of occupy the remainder. . our condition in regard to the :fisheries. Mr. HOLMAN. Only a moment. Mr. HOLMAN. I have no such information. I have heard no real The SPEAKER. Ttie gentleman will proeeed. expressions of anxiety on the part of the people. I nave not heard Mr. HOLMAN. Mr. Speaker, thereisnothinginthis measure which their voices rai ed for an increase of our Navy as a measure of pressing should take it out of th.e regular routine of the business of the House. moment.. Our peqple do not seem at all alarmed. There are a great many measures of the highest importance now pend Ur. BOUTELLE. Is the gentleman. from Indiana opposed to the ing before the House, and however the resolution maybe regarded, the passage of any bill at all, or is it to this particular bill? gentleman from Alabama is certainly aware it will interfere to some Mr. HOLMAN. I am opposed, by the adoption Of a resolution like extent, or is likely to interfere, with oth ~ -: important bills pending this, to give precedence to a measure which is of less public conseg uencc in the House which have been perhaps unavoidably, yet unfortunately, than many bills which would be to a greater or less degree postponed already delayed too long. I trust no measure will be forced before us bills of the greatest interest to our people, which are now pending. under a suspension of the rules which will give any measure priority I insist, therefore, that no step be taken by the House which will over that class of bills. hamper or interfere with that series of bills now pending which are in But, referring to the particular measure pending, I trust the House my opinion the most in1portant measures before Congress and demand will not overlook the fact we have four ships of war already in process consideration at the earliest moment. of construction, and four others authorized by law and not yet under Mr. BOUTELLE. What bills do you refer to? · contract for their construction, while this bill provides for the con Mr. HOLMAN. I refer to bills relating to the public lands. struction of ten more vessels of war before any steps have been taken Mr. HERBER'r. They are expressly excepted by this resolution. for the construction of the four already authorized. In addition to all Mr. HOLMAN. Certainly they are, and by the terms of the resolu- this, the bill provides $3,000,000 for the completion and armament of tion; but it is easily seen that the tendency of the pending resolution the four ironclads commenced years ago. The bill, then, without ref and proposed special order is to jostle them out of the way. erence to its future operations, invol~es ad.tr.eet appropriation of $6,400- Mr. HEWITT. But the question of consideration could be raised. 000 of money. . "" The House can reach them any time it may desire to do so. And yet clearly the only appeal which bas been or can be made for .Mr. HOLMAN. Certainly the question of consideration can be raised, this haste and for giving this measure this advantage over other im but to-day one-third of the Honse can defeat the -passage of this resolu portant and pressing measures-moreimporla.ntand more pressing-is· tion and the proposed special order; wbereasifit passes itwill require the supposed defenseless condition of our countrj. It was never in as a majority of the House to proceed to the consideration of the public perfect a condition of defense as it is now,. and every day that passes land bills, to which I have referred, as against this ~pecial order if it only strengthens the defense of our country against any possible as is made. sault. There is no alarm in the country. Wedonotrepresentatimid Mr. HERBERT. Now, Mr. Speaker, I think it has ,developed itself people. · Congress has not represented a people apprehensive of coming very clearly in this debate tlh'l.t I was -correct when I .said the opposi danger at any time through all the century. . tion to this resolution was captious; that it was not to the day fixed Such a bill as that .named in the resolution I trust will not be voted or to the length of time proposed for the discussion of the measure, but into a position of undue advantage, thus postponing measures of .high that it was to the 'bill itself. The gentleman from Illinois [Mr. MoR moment to the American people upon such an argument. I hope the RISON] admitted on the floor of the House, when I asked the question House will not postpone the consiaeration of measures of special benefit if I bad not modified and changed that resolution from Tuesday to be to our industries and permanent safety in behalf of a measure of doubt gin on Thursday thereafter, thus giving up at his request two days, ful expediency, for we are entering :a new field of naval construction. because he &'lid the time was too long, that I was .right and that he None of our new ships are completed; we have no .such satisfactory ex had made the objection on that· ground. And yet in the face of that perience in the construction of .steel~-vessels by testing those already admission he now begins his argument against the passa.ge of the reso authorized as mll enable us to proceed with safety in this new field of lution by saying that the time to be occupied in the discussion is t-oo naval architecture. I agree that with reasonable rapidity the present short! wooden vessels of our Navy should be superseded ..and vessels in har :Mr. REED, of Maine. Do I undeTStand the gentleman from Ala mony with the naval architecture of the period should take their place. bama to admit that this -resolution may result in coming to a vote on The occasion for haste in increasing our Navy is less now than at many such an important bill as that to which it refers without any discus periods in former years. We never had less occasion for haste than sion at all? now and the oceasi.on for it is disappearing with every succeeding day. Mr. HERBERT. No; I do not admit that. Th~e is now certainly no occasion for it. We are in the midst of no Mr. REED, of Maine. What deba-te is it expected will be given? pffriL . Mr. HERBERT. Beyond all doubt :five hours on Tuesday, the 27th. Mr.. HERBERT. Will the gentleman agree to fix any day? If he :tlfr. REED, of Maine. Five hours. What time js the previous ques- will fix any particular day for the consideration of the bill I will con tion to be regarded as ordered? sent to it. :Mr. HERBERT. At 5.30 o'clock on that day. 1\Ir. HOLMAN. I am willing that this bill shall come up in its reg Mr. REED, of Maine. We never get five hours on any -day for the ular order and have all the privileges to which bills of its character are consideration of business in this House under such a resolution. entitled; but it is entitled to no priority over more important measures :Idr. HERBERT. The resolution provides that on that day its con of the House. Bills of the highest moment to the American people are sideration shaJ.l begin immediately after the reading of the Journal, pending and should not be j ostied out of the way or imperiled by a bill and is to be taken up to the exclusion of everything else. of no pressing importance. · .Mr. REED, of Uaine. An appropriation bill may -crowd it out of the Mr. BOUTELLE. Do I understand the gentleman from Indiana to way then. say that thiS is not a bill of the highest moment? Mr. HERBERT. No; I will read that part of the resolution: :Mr. HOLMAN. I hold that it is not. If it be a matter of such And if said bill sha.ll not have been finally disposed of. that Tue day, the 27th day of April, 1886, immediately after the reading of the .Journa1, be set apart for vital importance, as gentlemen wotild seem to indicate now, I would the exclusive consideration thereof in the House, as in Committee of the Whole, ask how it happens that four war vessels, authorized long since, have and that the prev,ious question on said bill, and all amendments which may be not been even commenced or any steps taken toward their construction? offered thereto, be considered as ordered -at 5.30 p. m. on said 27th day of April. ~· BOUTELLE. They are provided for in this bill. Now, not only is tba~ whole day, until half past 5 o'clock, secured Mr. HOLMAN. By former law. Butirepeat,allthistimesincethat for tbe discussion of this bill, but we shall have more time than tbt if act was passed even the initial steps have not been t-aken for their con- a majority of the House wants it. • 1886. CONGRESSIONAL RECORD-HOUSE. 3619 Ifwhen it comes UJ_) on Thursday there is a question of consideration Tuesda-y with the right of amendment: that is one thing; but if we are between this and any other bill-if this House believes, as I am sure a merely to hear from the committee, that is not enough. majority of it does believe, that this is an important measure which Mr. HERBERT. I will do all in my power to extend the. time, and ought to be considered and passed, all we have to do when Thursday the majority of the House can extend it. I will·do everything I can. comes, if we want to discuss it on that day, is to take it up ::md debate it. The question being taken on the 1notion to suspend the rules and :M:r. REED, of 1\iaine. Bn.t under this resolution we have no debate adopt this resolution, there were-ayes G9, noes 7. • under the fi\e-minute rule, which is the most valuable debate there is. Mr. BAYNE. I call for the yeas and nays. We get no consideration of particular measures. The affirmative having been counted, there were ayes 35-morethan Mr. HERBERT. We do. one-fifth of the last >ote. Mr. REED, of Maine. The gentleman from Alabama l"Dows as well Mr. HOLM:.A.N. Count the other side. as anybody else that in the consideration of a bill like this in the House The negative \Ote being taken, there WClle noes 116. the best debate is the five-min'.lte debate, becal,lSe otherwise there is So (the... affirmative being more than one-fifth of the whole vote) the no considention of particular points. yeas and nays were ordered. 1\Ir. HERBERT. . I do not know any reason why when you consider 'l'he question was taken; and the1·e wore-yeas 121, nays 102, not n bill M in Committee of the Whole you can not discuss any particular voting 100; as follows: feature of it just as well as you can do in the Committee of the Whole. YEAS--121. 1\I:r. REED, of Mnine. It can not be done except under the five- Allen, C. II. Everhart, Lou1tit, Seymour, ' minute rule. ' Ballentine, Farquhar, Lm·ering,. Smalls, Barksdale, Felton, Markham, Sowden, 1\lr. HERBERT. The real question is, Do we want to pass any bill BarQ·, Fleeger, Martin, Spooner, of this kind this session? I .yield two minutes to the gentleman from Bayne, Funston, 1\IcAdoo, Stnl1.lnecket, Pennsylvania [Mr. BAYNE]. Beach, Gay, 1\IcK.enna., Steele, Belmont, Gibson, Eustace McKinley, ::Stephen. on, 1\Ir. BAYNE. I can only say I want a navy; and I am willing to Blount, Glass, 1\lcRc;:- , Stewart. Chtulcs get that naYy, whether by a long or a short debate. I feel our Gov Bouud, Glover. Merriman, Stone, E. I<'. ernment is the only great government in the world that has no ade Brady, G1·een, ·R. S. 1\filler Strait, Bragg, Guenther, Milliken, 'l'arsney, quate protection, and it is our bounden duty to provide an adequate Buchanan, H::t.ydcn, Mills, '1'aulbee, navy to defend our country in the event of war. Debate may be all Buck, Haynes. Mikhell, Taylor, E. B. >ery well "and I am in favor of debate; I should be glad if abundant BuUerworth, Hemphill, l'tlorgan, 'I'aylor, I. H. Campbell, Felix Henderson, T. J. Mon·ow, Tillman, opportunity should be given for debate on this important subject. But Campbell, J. 1\I. Henley, Murphy, Townshend, I want the Navy, whether we have long debate or short debate. But Campbell, T. J. Herbert, ~ 'eal, Viele, I presume the Committee on Naval Affairs has given this matter very Caswell, Herman, Neece, Wait, Uomstock, Hewitt, :Negley, \Vakefield, full and fair consideration, and have reported a bill which will meet Crain, Hill, Norwood, \Van}, J. II. the approval oftheHouseand the country. Therefore! hope this prop Croxton, llitt, O'Donnell \Vheeler, osition to fix a. day, and thus secure some tangible result in this direc- Cutcheon, Hutton, Osborne., White, A. C. Darg~'!J, Il"ion, Pin dar, Wilkins, tion, will be adopted. · Davidson, R. ll.l\1. Jackson, Price, Wilson, ::M:r. HERnERT. How much time ha\e I remaining? DibiJle, Jones,J.T. Randall, Wise, The SPEAKER. The gentleman has three minutes of his time re~ Dingley, Ketcham, ~gan, Wolford, Dockery, Lanham, Reese, \Voodburn, main in g. Dougherty, Lawler, Rice, \Vorthio:gton. Mr. HERBERT. I yield the remainder of my time to the gentle Dowdney, . Little, .Romeis, man from New York [Mr. HEWITT]. Dunn, Long, Sayers, Ermcntrout, Lor~, Scranton, Mr. HEWITT. lli. Speaker, I think it is to be regretted that this measure, which is of very considerable consequence on its merits, should NAY&-102. have got involved in a discussion as to whether under the resolution Allen, J.M. Colbersc:in, Hudd, "Rich..•lrdson, there will be time enough for the consideration of the bill, beca.nse if it Anderson, J. A. Daniel, Johnston, :T. T. "Robertson, Bingham, Dans, Johnston.,.~_'i'. D. Rockwell, should turn out when the final day named arrives that the bill has not Bland. Dorsey, :Jones, J . .H. '.Rogel:S, received proper cons~deration, I think it would be the disposition of the Boutelle, Dtmham, Kelley, Rowell, Breckinridge, C. R. Ely, Laffoon, Ryan, c.ommittee and the House then to eruarge the time. But now for this Browne, T. 1\I. Evans, La. 'Follette, Sawyer, House to refu ·e to :fix a day upon the request of one of the most impor Brown, C. E. Fisher, 'Lehlbach, Scott, mnt committees of the House, that has given very careful consideration Brown, W. W. Ford, Li!l is to be at a free-delivery office, or at any city, t-own, or "·illnge containing a. The following-name-d members were announced as paired until population of 4,000 or over, according to the Federal census, shall be regarded further notice: as entitling such letter to immediate deli "'ery within the carrier li.mi t of auy fre~ lrlr. HEARD with Mr. SESSIONS. delivery office which may be designa~ed by the Postmaster-General as a special delivery office, or within 1 mile of the post-office at any other office coming Mr. CRISP with :Mr. JOHNSON, of New York. within the provision!i of this section which may in like manner be dcfignated Mr. LA..c~DES with 1\Ir. JAMES. as a special-delivery office. Mr. LE FEVRE with Mr. W .A.DSWORTII. SEC. 4. That such. specially stamped letters sball l>e deli·vered from 7 o'clock ante meridian up to 12 o'clock midnight nt offices designated by the Pm tmast-er :Mr. COLE with Mr. GOFF. Generalnnder section 3 of this act. Mr. ELLSBERRY with Mr. 1YIILLARD. SEc. 5. That to provide for the immediate delivery of letters bea.ring the Mr. TURNER with Mr. HOPKINS. special stamp, the postmaster at any office which may come within the provis Mr. THROQKMORTO:N with Mr. LIBBEY. ions of this nctmay, with t.be approval of the Postmaster-General, employ such person or persons as may actually be required for such ~ervice, who, upon the 1\Ir. DAVIDSO~, of Alalttma, with Mr. SWI~BURNE. delivery of such letter, will procure a. receipt from the }:arty addre~ell, orso1l).e Ur. ELDREDGE with Mr. PAYNE. . one authoriz~d to receiv.e it, in a book to be furn.isb ed for the purpose, which shall, when not in use, be kept in the post-office and at aJl times subject to ex- Mr. PIDCOCK with Mr. ADAMS, of Illinois. amination by an inspector of the Department. · · Mr. REID, of North Carolina, with Mr. THmiAs, of Illinois. SEc. G. That to provide for the payment of such persons as may be employed Mr. SADLER with Mr. WHITING. fortbililservice, the postmnster at any office designated by section 3 of this act shall keep a record of the number of letters received nt such office bearin~sncb. The following pairs for this day were announced: special stamp, which number shall con-espond with the number entert>d m tho Mr. MULLER with Mr. HIRE'3. receipt-books heretofore specified; and at the end of each month he may pay Mr. BLISS with Mr. HARMER. to such person or persons employed a sum not exceeding 80 per cent. of the face vnlue of n.U such stamps rece1ved nnd recorded dnring that month: Pr tern depends upon its general application, and the committee urgently at all post-offices; this bill allows the postmasters at third and fourth recommend that authority be given to t~e Postmaster-General to extend class offices to use their clerks and assistants. · the privilege of immediate delivery to all post-offices. The present law allows all messengers 8 cents on each package re ceived and delivered; this bill makes the postmasters responsible for FEES FOR THE SERVICE. the delivery of packages bearing special stamps and allows them 80 per It is not belieYed that any serious obstades will occru to prevent the cent. of their face value; it further authorizes t~e Postmaster-General execution of the system under its proposed extension. It will be nec to contract with individuals or companies for the service in large cities, essary, however, to modify existing legislation with regard to the method if in his discretion he deems it adYisable, for a less sum than 80 per of applying the fees allowed for special-delivery service. The amount cent. of their face value. of business at othe~ than the principal offices would not of cotll'Se justify The present law restricts the service to all free-delivery offices and the employment of messengers whose time was required exclusively in cities having a popUlation of 4,000 or over; this bill extends its benefits connection with that service. If, however, the postmaster is given the to all post-offices in the United States, in the discretion of the Post- commissions authorized bylaw and held resposible for the work, he will master·General. ~ doubtless be able to secure its performance with reasonable promptness The present law restricts the privilege of the service to letters, or, as and safety. He might do the work himself or intrust it to his clerk or construed, to mail matter of the first class; this bill extends the benefits other reputable person who may be conveniently at hand, under such of the service to all classP..s of mail matter. restrictions as may be imposed by the Postmaster-General. In many of The amendatory a.cthas the hearty support of the Postmaster-General the third and fourth class offices the time of the clerks is only partially and his ThirdAssistant, and! may also add, the approval of every mem occupied, and in their intervals of leisure they would gladly perform ber of the Committee on Post-Offices and Post-Roa~. The bill not only special-messenger service, if, in addition to their regular compensation, provides for this service without cost to the Government, but under its they could be paid the commissions allowed the messengers for the work. provisions 20 per cent. of the gross receipts go into the Treasury as a At the largest post-offices there has been so far no difficulty in pro net profit to assist in defraying the expenses of the Post-office Depart -yiding suitable messengers in sufficient force to do the required work ment. with reaso~ble prollli?tness and efficiency, but at many of the smaller [Here the hammer fell.] of the present special-delivery offices, constituting probably a majority The question was taken, and more than two·thirds having voted in of the whole number, the business has not been found sufficient to the affirmative; the motion was agreed to. maintain messengers in regular employment. Under the law neither a So the rules were suspended and the bill was passed. postmaster at such an office, nor:myofhis clerks, can be paid anything additional on account of special-delivery service; so that where a reg LEAVE TO PRINT. ular messenger can not be procured, there "is either a failure to make Mr. DOCKERY. Mr. Speaker, some members of the committee de prompt deliYery of letters arriving at the office or there is a hardship sire to submit remarks upon this bill, and on their behalf I ask that imposed upon the employe who is called upon to perform that service. they may have leave to do so. · It is evident that unless the proposed change be made in the method of There was no objection, and it was so ordered. will compensating for the service it be necessary to abandon the sys CHEROKEE RESERVATION ARKANSAS. tem at all other than the large offices, where the amount of business 1 transacted will justify the employment of a regular messenger force, Mr. McRAE. Mr. Speaker, I am directed by the Committee on Pub and hence t4e provision for granting the fees to the postmaster and lic Lands to move to suspend the rules and take from the House Calen making him responsible for conducting the work, and allowing post dar the bill (H. R. 138) to provide for the sale of thJ' Cherokee reser masters .of the third and fourth classes to usc their clerks for this vation in the State of Arkansas. service. The SPEAKER.' The bill will be read, after which the Chair will · FREE-DELIVERY OFFICES. ask for a second. '!'he bill was read, as follows: The free-delivery offices are in the discretion of the Postmaster-Gen Be it enacted, &:c., That the lands known as the old Cherokee reservation, in eral excepted from the operations of the proviso allowing postmasters townships 7 and 8 north, of range 21 west of the fifth principal meridian, in the 80 per cent. of the face value of the special-delivery stamps received and State of Arkansas, be, and are hereby/ placed under the control of the General recorded at their offices, because the committee believe that the Post Land Office, to be sold and disposed o in the same manner and under the same regulations as other public lands of the United States, except as hereinafter pro master-General should have the authority to make contracts with in vided. dividuals or with companies properly organized for the work, and un SEC. 2. That such homestead and pre--emption entries as have been made, der ~ppropriate safeguards and regulations to have all special-delivery under instructions from the General Land Office; upon the odd·numbered sec tions of said reservation, a-s shall appear to be in all respects fair and regular.z matter arriving at said offices immediately delivered at any price less except as to time of sale, are hereby confirmed, and patents shall be issuea than 8 cents per piece-the price allowed by law to the messengers-if thereon JlS in other cases. · he shall deem such contracts expedient. SEC. 3. That all actual settlers, and settlers upon adjoining lands, who are duly qnaltiied to make entries under the homestead laws of the United States, and The committee think, from propositions which they are informed have who settled upon or improved either odd or even numbered sections of said been made to the Post-Office Department for the performance of this reservation at any time prior to the date of this act, and are now residing thereon, service by local telegraph or messenger companies in severe:~.! of the larger or cultivating the same and residing upon adjoining lands, shall be entitled to a preference right of entry under said laws, not to exceed 160 acres, including cities, that there will be no difficulty in making contracts for the serv the tract on which they reside, if residing on adjoining lands, with credit for ice in question which will secure quite as reliable service as the De actual settlement and residence or cultivation heretofore made in computing the partment could otherwise provide, and at considerably less cost. time necessary to-perfect title; but in no case shall actual settlers on adjoining lands he permitted to abandon any part of their claims upon which settlements HOURS FOR CLOSING. have been made to secure a larger or increased amount of the reservation: Pro 'lrided, That all such parties shall file their applications under the homestead A defect in the present system, which is the occasion of unnecessary laws within three months from date of receipt by the local land officers of in hardship, and which is sought to be remedied by section 2 of the bill, structions under this act from the Commissioner of the General Land Office and is the requirement to make immediate delivery at all special-delivery make proof and payment as in other cases, · offices up to midnight of each day. As the law is construed to compre The SPEAKER. Is a second demanded? If not, the question is on hend the immediate delivery of local letters as well as letters arriving the motion of the gentleman from Arkansas. from other post-offices, the special-delivery offices are required tQ be kept The motion was agreed to; and two.thirds having voted in the affirm open until the hour named, and in many cases long after the arrival of ative, the rules were suspended, aud the bill was passed. the last mail, upon the chance that a lpcalletter may be deposited for immediate delivery. Reports received at the· Post-Office Department MESSAGE FRO::U: THE SENATE. from postmasters show that the nuinber of local special-delivery letters A message from the Senate, by Mr. SYMPSON, one of its clerks, an deposited after the close of business hours at most of the special-deliv nounced that the Senate had passed the bill (S.l03) making an appropri ery offices is very trifling; so that, without any serious inconvenience ation for the pwchase of ground and the erection thereon in the city of to the public, the privilege of immediate delivery at a majority of the Washington of a building to be used as a hall of records; in which the • offices might be restricted to business hours, or, say, from 7 a. m. to the concurrence of the House was requested. time when the last mail arrives before midnight. As the time of ar BUSINESS OF COIDIITIEE ON INDIL'i AFFAIRS. rival of such mail varies at different offices, the establishment ofthe hotll'S of delivery could properly be prescribed by the Postmaster-General. Mr. . WELLBORN. By instruction of the Committee on Indian With the modifications suggested, the committee believe that a wide Affairs, I move to suspend the rules and adopt the resolution which I :field of usefulness will be opened up for the special·delivery system, and send to the desk. therefore recommend the passage of the amendatory act. The Clerk read as follows: Resolved, That Thursday, the 27th day of May, and Saturday, the 29th day of CONCLUSION. May, after the morning hour,for the consideration of bills reported from com mittees, be set apart for such business as may be presented or indicated by the Mr. Speaker, in conclusion, I will briefly summarize the changes as Committee on Indian Affairs; this order not to interfere with revenue or gen proposed in the pending bill. eral appropriation bills, or prior orders of the House, or bills reported by the The present law requires all special-delivery offices to be kept open Committee on Public Lands. until midnight; this bill proposes to repeal that law and leave the mat- The SPEAKER. If there be no objection a second will be consid ter to departmental regulations. · ered as ordered on the motion to suspend the rules. The Chair hears The present law prohibits the employment of clerks for this service no objection. Under the rules thirty minutes are now allowed ior de- 3622 CONGRESSIONAL RECORD-HOUSE. APRIL 19, bate, fifteen minutes in favor of and fifteen minutes against the reso fers perhaps will not be called up under this particular order. There lution. are enough bills ahead of it to occupy the ·whole time which this- reso Mr. HOLMAN. I suggest that the gentleman from Texas [Mr. lution proposes to give ns. WELLBORN] indicate the character of the bills which the committee 1\Ir. RANDALL. I have not referred to :my particular bill. propose to bring forward. Mr. RYAN. I desire to ask this qnestion-- Mr. WELLBORN. There have been reported to the Honse by this Mr. SPRINGER. I know he did not mention any. . committee three classes of measures, which to my mind are matters Mr. RYAN. What bills do yon refer to as those yon will not call not of local interest but of general concern. First, there is a bill pro up? viding for the allotment• of Indian lands in severalty. In the next Mr. HILL. I refer to the bill for the adniission of Dakota as a State place, there has been reported to the Honse a bill providing for opening into the Union, as that bill has not beenconsidetedin committeewith a part of the Great Sioux reservation in Dakota. In the third place, a view to final action. We are still considering it, and we will not be there are a number of bills-one general bill and some of a special char able to report the measure in time to have that bill considered under acter-granting rights of way under certain circumstances across the this order. We have business ready from that committee-more than Indian Territory. While of course I have no authority to indicate enough to consume all the time allowed under this order. what measures the Committee on Indian Affairs will call np, I state my Mr. WEAVER, of Iowa. Does this embrace Oklahoma? own personal judgment when I say tha,t the measures I have enumer 1\-Ir. HILL. It does; and the chief desire is to reach that important ated, and probably in the order in which they have been stated, will question. be presented for the consideration of the House. _ The SPEAKER. The resolntiou has been modified to the 1st and 8th The SPEAKER. If no !nrther debate be desired, the question will of 1\iay, covering- those two Saturdays after the morning hour. be taken on the motion of the gentleman from Texas to suspend the Mr. HILL. If we properly consider Oklahoma and other bills on rules and adopt the resolution. the Calendar there will be no tinie for anything else. The motion was agreed to, two-thirds voting in favor thereof. 1\lr. RANDALL. Let it be confined to that, then. Mr. illLL. I am perfectly willing·to confine it to those bills, unless BUSINESS OF COl\l.MITTEE ON T~ TERRITORIES. by unanimous consent there should be some request made ru; to ma.tters Mr. illLL. I am instructed by the Committee on the Territories to of detail abont.which there would be no objection. move to suspend the rules and adopt the resolution which I send to the Mr. WEAVER, of Iowa. Let the order so read. desk · 1\Ir.- HILL. Rather than have the resolution fail, I agree to the The Clerk read as follows: amendments which have been suggested. Resol1:ed, That Saturday, May 1, and Saturday, May 8, 1886, be set apart, after Mr. RANDALL. It is to embrace only those bills now upon the Cal the morning hour, for the consideration of such·business as may be reported and called up by the Committee ou the Territories, not to interfere with general ap endar to which the gentleman has referred. · propriation bills, revenue bills, or bills reported from the Committee on Public 1\1r. MORRISON. That is the understanding; only those bills now Land'!; but this order shall be continued from day to day until two days have on the Calendar: been occupied. 1\Ir. HIL:b. And also those which may be taken np by unanimous 1\fr. RANDALL. I snppose under this resolution it is intended to consent. bring up bills now on the Calendar. Does the resolution so state? Mr. RAND .ALL. Unanimous consent can take care of itself. The SPEAKER. The Clerk will read the resolution again. Mr. SPRINGER. All right, then. The Clerk again read the resolution. Mr. BURROWS. Why does the gentleman from Pennsylvania in Mr. RANDALL. I wonla like to have that resolution amended or sist n pon the restriction? modified so as to confine it to reports now on the Calendar from the Mr. RANDALL. Because I wish to be aware now of the legislation Committee on the Territories. which the committee mean to present under the suspension of the rnles The SPEAKER. The resointion is not subject to amendment; but for the consideration of the House. I am alway;:; candid and frank. the gentleman from Ohio [l\1r. HILL] has the right to modify it. The gentleman from Michigan knows how I stand as to Dakota, because Mr. BLAND. Under this resolution will the bills for the admis he and I contended over that a good many years ago. sion of Dakota and Washington Territories into the Union be called up? 1\Ir. BURROWS. I think I remember it. Ur. HILL. If it be in order, I will state for the information of the The SPEAKER. Is there objection to the modification? Honse-· - Mr. BURROWS. Yes; I object to the modification. The SPEAKER. If there be no objection a second will be consid Mr. RANDALL. I hope the gentleman from Michigan will with ered as ordered. The Chair hears none. The gentleman from Ohio draw his objection. [Mr. HILL] is now entitled to fifteen minutes; and fifteen minutes, if Mr. llLL. I hope the gentleman from Michigan will withdraw his desired, will be allowed in opposition to the resolution. objection, He will simply delAy the consideration of the Dakota ques Mr. HILL. Mr. Speaker, there are on the Calendar a number of tion by delaying the consideration of all this other business. These bills from the Committee on the Territories. They are all of a local bills have to be disposed of, and they ought to be disposed of at once. nature, except one, which provides for the organization of the Territory · Mr. BURROWS: Will the gentleman say the.re is no probability a of Oklahoma; and from the character of that bill I am satisfied that bill for the admission of Dakota will be reported at that time and be it and the bills already on the Calendar will require far more time than ready for action? the committee ask for in this resolution. I propose hereafter to ask Mr. llLL. I do not say so; I am not disposed to smother any bill for further time for other business to be reported from the Committee before that committee, but if yon delay the committee in the work they on Territories, bnt I do not make that request now. have already on the Calendar yon necessarily delay everything else. Mr. RANDALL. I suggest tothegentlemanfromOhiothat he mod Ur. RANDALL. There is no disposition to delay the gentleman in ify the resolution so as to include merely what -it really means accord considering the business of that committee so fur as I am concerned. ing to the statement he has just made. Mr. BURROWS. I think I will withdraw my objection. I wisheu A MEMBER (to Mr. HILL). Insertthewords "heretofore reported." to find out the feeling of the House on the subject. Mr. HILL. I hav-e no objection to that, except that there are two The SPEAKER. The Clerk will report the resolution as it has been or three bills of a local and non-partisan character which we hope to modified. report next week-bilJs which do not concern the:admission of any Ter The Clerk read 'as follows: ritory into the Union as a State; and I am sure the gentleman from Resolved, That Saturday, May 1, and Saturday, May 8, A. D., 1886, be set apart, Pennsylvania would have no objection to the consideration of those bills after the morning hour, for the consideration. of such business now on the Cal endar as may be called up by the Committee on the Territories, not to interfere if he knew what they are: with general appropriation bills, revenue bills, or bills reported from the Com Mr. RANDALL. I do not object to any bill in particular; I object mittee on the Public Lands; but this order shall be continued from day to day to the loose manner in which the resolution_is worded. If the gentle until two days have been occupied. man will modify it so as to include only bills now. on the Calendar, I The rules were suspended and the resolution adopted (two-thirds shall have no o~jection to it.. voting in favor thereof). · • 1\fr. SPRINGER. I desire to state to the gentleman from Pennsyl ILLINOIS AND l\1ISSISSIPPI RIVER CANAL, ETC. vania and the House that the Committee on the Territories, having jurisdiction of legislation pertaining to eight Territories of the Union, Mr. 1\IURPHY. I am directed by the Committee on Railways and legislation in which perhaps as many as two million people are inter Canals to move to suspend the rules and offer the following resolution. ested, has not yet had an opportunity to present more than one bill for The Clerk read as follows: That Thursday, May 6 after the reading of the Journal, be set apa.rt the considemtion of this House-the bill which related to the annexa .Resolved, 1 for the consideration in the House, as in the Committee of the Whole Hou eon tion of the Pan Handle ofldaho to the Territory of Washington. There the state of the Union. House bill5869, to provide for the acceptance by the United are many questions of interest to the people of the Territories which States of the proposed -grant of the Illinois and Michigan Canal, antl all its ap purtenances, from the State of Illinois. and for the con~truction of the illinois ought to recei,>e at once the attention of Congress. The fact that we :md 1\[jssissippi River Canal, and if said bill shall not be disposed of on that day, have so long neglected these great interests of our Territories is cer this shall be a continuing order untH said bill is disposed of; this order not to tainly to be regretted, and further delay ought not to be tolerated if interfere with the consideration of revenue and general appropria-tion bills and it can be avoided. We ask, therefore, thati some time be set apart when all prior special orders. this Honse ca!J. give due consideration to these vast interests; and I The SPEAKER. Is there a second demanded of the motion to sus ~ure the gentleman from Pennsylvania that the bill to which he re- pend the rules? . • 1886. CONGRESSIONAL RECORD-HOUSE. 3623 :Mr. BROWNE, of Indiana, and Mr. HOLMAN demanded a second. bills that will be pressed upon ns and upon future Congresses if this Mr. BROWNE, of Indiana, and Mr. MURPHY were appoiB.ted as tell- passes. The whole object of this resolution is clear. It is not the con ers. sideration of the Hennepin Canal bill, but the object is that bill shall .1\Ir • .lliDRPHY. I ask a second be considered as ordered. be taken out ofthe Committee of the Whole, brought into the House, The SPEAKER. Is there objection? a:nd passed under the previous question. If two-thirds of the members Mr. HOLMAN, Mr. HATCH, and Mr. RANDALL objected. on this floor are to-day willing to relinquish their rights and the rights The House divided, and there were-ayes 111, noes 57. of their people in that regard they will do so with full knowledge of the So the motion to suspend the rules wa.S seconded. facts before them. If we pass this resolution it is the last fair consid The SPEAKER. Under the rule thirty minutes are allowed for de eration of that bill. It is simply a gag. We will tic our hands and bate; fifteen for and fifteen against it. The gentleman from Iowa. enslaTe this Congress, so far as it can be done, by passing a bill like this [Mr. WEAVER] will be recognized to control the time in support of the under the whip and spur of the previous question. motion. I say to you, ge.jltlemen, just as earnestly as I have ever opposed any Mr. ?tiDRPHY. Mr. Speaker, I do not believe I desire to occupy proposition m this House in my life, that I believe this is the most dan the time of the Honse after the vote we have already taken, because I gerous bill introd need into any of the four Congresses in which I ha. ve bad am satisfied there is a disposition on the part of the House to give ns a the honor to sit upon: this floor. .Are you simply going to pass the Hen fair hearing, and that is all we ask. I only ask fora briefmomentw,hile nepin Canal bill? Is there only one canal projectin the United States I relate ~f'act which all will acknowledge as soon as stated, and that that has merit in it? Will you refuse to connect the waters of the Ohio is, we have sat in that Committee on Railways and Canals for the last and the mouth of the Savannah River? Will you refuse an appropria three years and considered this matter, and this is the third time it has tion to the Delaware and Lackawanna Canal? Will you decline to ap been reported to the.House, and in addition I simply ask in all candor propriate money to build scores of canals and pass scores of bills that and fairness whether we are not entitled at least to have an opportunity have been pending before Congress for the last twenty-five years? to present our case, and if upon presentation it appears we have no [Here the hammer fell.] case, then let gentlemen on this floor vote as they think proper. Mr. BROWNE, of Indiana. I yield the remainder of my time to the But that committee, composed as it is, sitting there week after week, gentleman from Tennessee Mr. [McM:.rr.LIN]. as it has done, and presenting unanimous reports to this Honse, I say Mr. ?t:IoUILLIN. I shall only occupy a portion of the time, Mr. is not receiving that justice to which its labor is entitled if it shall be Speaker, for the purpose of saying that I heartily concur in what the refused even the privilege of a hearing. gentleman from Missouri [Mr. HATCH] has said concerning the effect Sir, I desire to call attention to the fact that there has been no im of the passage of the resolution on the fqture consideration of the bill, provement which has received such a general indorsement as has the and in what both gentlemen who have spoken have said as to its effect construction of this canal, and the facts justify me in that statement. on future legislation and the country. I do not deem it necessary to occupy any further time, and will listen What is the condition of the Treasury and of the country to-day? to what can be said on the other side, reserving my time. There are a. number of your harbors all around this country that can The SPEAKER. The gentleman has thirteen minutes of his time not be entered because of the sands that have washed into them from remaining. . the rivers of the continent. The amount that could be appropriated for Mr. BROWNE, of Indiana. Mr. Speaker, if the Honse intends to river and harbor and canal purposes is limited, and hence if you in inaugurate this system of internal improvemeniB at the national ex crease the number of canals that are to share in this appropriation you pense, it can do no better than to set down a hearing for the project to that extent destroy the legitimate work and the necessary work of known as the Hennepin Canal. I have objected to the conside:rntionof cleaning out the harbors by which the country is approached. Are this measure because I believe it 'Ought not to pass, and not because I gentlemen ready to do it? have the slightest objection to the fullest, freest possible consideration We have all seen the different appropriation bills for the purpose of of the project. constructing water ways come before Con.:,aress, and we have seen one But this House does not need to be informed in that regard; we have Congress die, and the party which went out a majority return a minor heard it frequently during the last three or four sessions-- ity as much because of appropriating $18,000,000 far that purpose as MI. MURPHY. Will the gentleman allow me to interrupt him for anything else. I am in favor of legitimate river and harbor improve a question? ments. I have favored them all along the line. I oppose this because Mr. BROWNE, of Indiana. All of the necessities of the case have I do not believe it is wise policy to abandon the channels that the Great; been presented in the.most elaborate speeches by the gentleman from Architect of the universe made and go out to make channels that He Iowa [M:r. MURPHY] and others. I apprehend that there is not one did not see fit to make for commerce. provision even of the minutest detail with which the members of this I concur in what the gentleman from Missouri has said concerning House are not fully informed, at least those of them who feel any in what will be the result upon this House. You tie your hands, and when terest whatever in the matter. ever a majority of the House sees fit to gag the balance it can do it un Now, Mr. Speaker, the summer is fast coming on, and business of (\er the resolution. If this new policy of appropriations is to be entered importance is on our Calendars which ought to be taken up and con upon, if this new method of expending the public money, this new sidered before the final adjournment. I am, therefore, opposed to wast method of getting into the Treasury, this new method of laying the ing the time of the House in the consideration of a"measure that ca.n~ foundation of new taxes is to be entered upon, whynotdoit as is required not by any possibility pass; a measure that inaugurates a system that inthecaseof other bills? Whynot approach this object under the rules would lead to the most prodigal extravagance, the inauguration of a of the House? Why not consider this bill in the House in place of in class of legislation that is in the face of the Constitution, if the Con Committee of the 1\''b.ole? · stitution means anything. I have sometimes doubted, indeed, whether I do not believe this proposition is wise. Whatever the future may it had any meaning that could be interposed between legislation and require we may trust confidently that future generations will be able to the national Treasury. Whenever we want money, it seems as if we give. But to-day the necessities for this measure in our present tax-rid can find some provision of the Constitution under which it may be den condition are not sufficient to justify the Representatives of the peo taken. ple in entering upon a system of appropriations that are not limited by Mr. HATCH. · Will the gentleman from Indiana yield to me for a the Hennepin Canal, that are not limited by five· millions, that are not few minutes? limited by t-en millions, nor by twenty millions, nor even by:fi.ftymill Mr. BROWNE, of Ip.diana. I will, with pleasure. How much time ions, but that means the construction of canals all over the country to does the gentleman want? be controlled by the Government and to demand new officers and new Mr. HATCH. Only a few minutes. approprjations annually. The SPEAKER. The gentleman from Indiana has twelve minute3 I oppose the resolution fixing a day for consideration because I do of his time remaining. not believe the bill ought to be passed. I believe there are othermor() Mr. BROWNE, of Indiana. I yield four minutes to the gentleman important measures before this Congress. There are over a hundred from Missouri [Mr. HATCH]. million of acres of public land that ought to be reclaimed for the peo Mr. HATCH. Mr. Speaker, I desire to call the attention of the House ple. Shall we set aside that work, that can only be done now, and that to the provision of this resolution, providing this bill, now in Commit must be done soon if ever done, and go into one of most doubtful ex tee of the Whole, and which I regard as the most important measure pediency? Forone I protest we should not. I yield what time is left in many respects to come before this Congress, shall be taken out of to the gentleman from Georgia [Ur. H.A.llfl\IOND ]. · the Committee of the Whole and considered in the House, where the Mr. HAMMOND. I only desire to say that this bill luis had its friends of the measure can demand the previous question upon it at any usual two hours under the rule and has gone to the Calendar. It is the stage of its discussion. Three several times within the last ten days second bill on that Calendar. The first bill on the Calendar is one to the gentleman from Iowa [Mr. MURPHY] has attempted by unanimous pay a debt long due to the Sta.te of Georgia, and which has had the consent to get this resolution through the House taking this bill out of unanimous report of two if not more Judiciary Committees of the the Committee of the Whole and to have it considered in the House, House of Representatives. I am not willing, if I had no other objec wherethe previous question will cutoff all discussion. And what is it? tion to this bill,'to giveitthe precedence over that one. Ithinkitsfriends The bill is a new departure for this Congress, inaugurating as it does should let it stay on the Calendar and help me to get up the Georgia a system of internal improvement which, in my judgment, in its ulti case and dispose of it first. I yield to the gentleman from Virginia mate consequences will involve an expenditure of $100,000,000, and [Mr. TUCKER]. · with no more merit than is possessed by a dozen or so different canal ~. TUCKER. I shall oppose the proposition to consider this bill, CONGRESSIONAL RECORD-HOUSE. , because I a.m irreconcilably opposed to its passage. If this bill passes up so much time in the discussion of this bill and the House so well it will open a new chapter in the history of appropriations in this House understands it, then we ought to be permitted to come to a vote upon for this class of expenditures. it and settle the question one way or the other, and that is what we The Constitution as it was adopted was proposed to be amended in ask to-day. the Federal convention by giving the express power to dig canals where. Mr. BROWNE, of Indiana. That is what we propose to do. considered necessary. That power was expressly forbidden by a vote of Mr. HENDERSON, of Illinois. Give the friends of this measure an three Stat~ in its favor and seven in opposition. opportunity to consider it on the floor of the House. Give us an oppor This Hennepin Canal is not only not an improvement between States, tunity to meet all your objections, whether constitutional or otherwise; but it is an impt·ovement exclusively within one State. If you have a for I think they can be successfully met. · .At any rate, give to the people right to dig a canal in Illinois, you have a right to dig a canal in another ·who are interested in this great internal improvement-and I declare State which does not go beyond the boundaries of the State; and if to here that there is nol).e greater presented for your consideration, in my dig a ronal, you have the right to build a railroad. So that if this bill opinion-give them an oportunity .to be heard; give us an opportunity passe$ it is the opening of a new chapter of appropriations for all in to present our reasons for the passage of this bill. Do not stop to con ternal improvements inside of a State_which can have what my friend sider that one hundred millions or five hundred millions may be ex from Iowa [Mr. MURPHY] calls any national benefit. My doctrine is pended in other directions. That kind of argument would defeat every obsta principiis. I oppose the beginning of this thing. 'bill which appropriates a dollar from the Treasury. If this bill has Mr. MURPHY. How do you justify the canals already constructed merit in it, let it stand or fall upon its own merits.· by the Government? The argument made by the gentleman from Missouri [Mr. HATCH] Mr. TUCKER. The canals that have already been constructed have would prevent the improvement of the Mississippi River, which runs by been in furtherance of a na.tural avenue of commerce between States. his own city, as effectually as it would prevent the construction of this If the Government has done anything else it has done what I believe to canal. · I appeal to members of this House, if there is a disposition to be wrong, and I will not follow that precedent. be fair, if there is a disposition to give the people interested in this .As I said the other day in reference to another matter, I hope that national en~rprise any sort of a hearing upon this floor-I ask that you if there is any such precedent it will have no progeny, and this would will give us an opportunity to consider this bill, and then vote as your be a·progeny·that would be very fruitful of future ills to this country. judgment and your consciencesdicta.te. I say to members of this House I shall oppose it in the beginning and in the end. ·that in my opinion this is a meritorious measure. It is a measure in The SPEAKER. The gentleman from Iowa [!\Ir. ~fURPHY] has which more than one-tenth of the people of this entire country, as I thirteen minutes of his time rema.ining. believe, are deeply interested; it isa_measure in which millions ofthe Ur. MURPHY. I yield ten minutes to the gentleman from illinois COIDlller~e of this country are interested. I do not care if the canal is (Mr. HENDERSON). _ wholly in the State of Illinois, the wheat and other products that wijl Mr. HENDERSON, of Illinois. Mr. Speaker, if what my friend from pass over it will go from Minnesota and from the entire Northwest to Indiana. [Mr. BROWNE] says be correct, then I would like to know what Boston and to New York, and the construction of .this canal would force is to be given to the objection ma-de by my friend from Missouri benefit the people of Minnesota and Iowa an'd the people of New York [Mr. HATCH]. The one says this -question has been fully discussed, and Massachusetts, and I may say of all New England, if it would benefit and that every detail of it is understood by the members of this House. a.nybody. Illinois, where the canal would be located if constructed, If that be so, what is there to hinder us from coming to a vote. directly would not be any more interested in or benefited by its construction on the proposition without any further discussion? · than many, very many, other States. :Mr. Speaker, I have not time in the ten minutes allowed me to meet This canal would put the 'People of the city of New York and of the the objections that have been rnised by the gentleman from· Missouri .Atlantic seaboard indirect communication by a line of water transpor [Mr. HATCH], supplemented by the obJections of the gentleman from tation with the people at the head of navigation on the Mississippi Virginia and others. Ten minutes will not do for a constitutional argu River; and if this is not an important work, in which people outside of ment, but I will make one answer to the gentleman from Virginia [Mr. the State of Ulinois are interested, I do not know what can be such a TucKER], who says that the constitutional convention expressly refused work. .All I ask is that this House shall show a disposition to be fair to include in the Constitution the power to construct canals. That and just to the people of this· country in the consideration of public statement has been made before, and a gentleman as distinguished in measures, and that we shall have a fair opportunity, as well as other the annals of our statesmanship as any other in our history has said parts of the conn try interested in improvements, to be heard. that it was not well authenticated. - My friend from.Tennessee [Ur. McMILLIN] does not stop to consider .And the same distinguished gentleman said further that e¥en ad the danger of improving the Cumberland River by locks and dams. He mitting there was an attempt in the constitutional convention to in has never stopped to consider the danger of improving the Tennessee _ clude this power in the Constitnt.ion and it failed, that that wa.S no River by the construction of a canal_at a cost of four-or five millionsof argument against the power, because the power might have been con dollars; nor has the House stopped to consider objections to other meas sidered as already included in the Constitution. That was the view ures of this character, even when they were far less meritorious. taken by Henry Clay when a-memberofthisHousein the' year, I believe, Bnt, Mr. Speaker, I have B\loid more than I intended to say, and will in which I was born. Mr. Speaker, every objection which we hear close by again apnealing to members of the House for a fair hearing. urged against this measure on constitutional grounds has been urged If I have any time left I yield it to the gentleman from Iowa [Mr. against the improvement of every river and of every harbor in the HEPBURN). United States in days that are gone by. If you will go to President The SPEAKER. There is ono minute of the gentleman's ten minutes Polk's veto message of the river and harbor bill in, I think, 1848, to remaining. General Jackson's veto of the Maysville road· bill; or to any other of lli. NEECE. I would like to occupy two minutes. the messages of Presidents .of the United SU!-tes vetoing internal-im The SPEAKER. There are four minutes remaining of the time in provement bills, you will find that the same objections which are favor of the resolution. urged here as constitutional objections against this bill and bills of this Ur. MURPHY. Mr. Speaker, if! have any knowledgeofthe object class have been urged against the improvement of rivers and harbors, of internal improvements, they are for the purpose of facilitating the and if good, to be consistent, we should vote against the improvement commerce of the country, so that it may be carried · at the cheapest of all rivers or harbors in the United United States; and I want to make possible rate. Now will any gentleman on th!s floor deny the propo -the assertion here and now, that if there is any power in the Constitu sition that all internal improvements, no matter ofwhat kind or char tion under which Congress can improve a river or a harbor it is in my acter, a.re in the interest of commerce and are made for that purpose and opinion under that provision of the Constitution which confers upon that alone? .And will it be denied that water transportation is cheaper Congress the power to regulate commerce between the States and with than transportation by rail or any other means? foreign nations and the _Indian tribes. We alllmow that this question of interstate commerce has been agi That is the provision under which we have improved the Mississippi tated on the floors of Congress and before the people by resolution upon River and all the other rivers and harbors of the country, although resolution, the purpose of such legislation being simply to exercise some Mr. Calhoun, when president of the river convention at Memphis in control over the charges for railroad -transportation, which can only be 1845, expressed the opinion that Congress might improve the Missis effectually done by improving our means of water transportation, re sippi on the ground that it was a great inland sea. But, sir, all those moving bars that obstruct na.vigation, connecting this water wa.y with ideas have been exploded long since. They have been exploded by the that water way, thus giving continuous water connection from the far action of Congress, and we havetheverybest authority for sayingthat interior to the seaboard.. the power under the Constitution is fnll and complete in Congress to - When my friend from Missouri [Mr. HATCH] states with an ear authorize the construction of a canal, if it facilitates commerce or reg nestness that is characteristic of him:that this work will cost $100,000,- ulates commerce between the States and with foreign nations by facil 000, he simply makes an open confession that he at least, if no other itatingit, as it is to improve a river. But the gentleman from Missouri member on this floor, ought to have an opportunity to give thought [Mr. HATCH] complains that the friends of this bill seek to considet: and consideration to this subject; for I do know that if he would-take it in the House as in Committee of the Who~e. What is-the objection the report of the civil engineers he would find that this canal would to that? What is the objection to it, Mr. Speaker? We propose to not cost for deepening and enlarging the old channel and constructing consider this bill as we often in the House consider other bills, and if, the new more than $9,000,000, and it seems to me there is considcmble as the gentleman from Indiana [Mr. ·BROWNE] states, we have taken difference between $9,000,000 and $100,000,000.. 1886. CONGRESSIONAL RECORD-HOUSE. 3625 Mr:HATCH. I suppose the gentleman would not purposely mis Mahoney, Phelps, Stahlnecker, VanSchaick, Millard, Pidcock, Stewart,J. W. Wadsworth, represent me. Did he understand me to say that this canal would cost Moffatt, Pulitzer, Storm, Ward,.J. H. $100,000,000? Morrill, Ranney, Swinburne, Ward,T.B. Mr. MURPHY. I so understood the gentleman. Morrison, Reid,J. W. Taulbee, Warner, A. .J. Muller, Reese, Taylor, E. B . Warner, William .Mr. HATCH. Did the gentleman understand me as saying that the Norwood, Riggs, Taylor, I. H. 'Weaver,A. .J. Hennepin Canal would cost $100,000,000? · Oates, Robertson, Taylor, J. M. Wellborn, O'Neill,J• .J. &dler, Thoma.s,J.R. Whiting, Mr. MURPHY. Yes, sir; I so understoo~ the gen~eman. . . . Payne, . Seney, ,Thompson, Wise, Mr. HATCH. I did not say any such thing; but ·m my oprmon 1t Payson, . Sessions, Throckmorton, Woodburn. would lead to an expenditure of not only $100,000,000 but $500,000,- Peel, Snyder, Turner; 000. So the rules were not Sl,ISpended, and the resolution was not adopted, Mr. MURPHY. There it is again! The gentleman has got off on two-thirds not having Yoted in favor thereof. the same extravagant line of thought. The following .additional paj.rs were- announced from the Clerk's Mr. NEECE. I would like to ask- desk: · Mr. MURPHY. I have not time to yield. Mr. :MoRitiLL (who, if present, would vote "ay") with Mr. GROUT, Mr. Speaker, I do know that while this canal, according to there (whowouldvote"no"). · · port of the engineers, will cost about $9,000,000, it can be demonstrated, Mr. CAMPBELL, of Ohio, with Mr. KELLEY, for the rest of the day. if I have an opportunity, that its construction will save to the produ Mr. CALDWELL with Mr. BINGHAM, for the rest of the day. cers of the West and the consumers of the East over $30,000, 000 per Mr. WARNER, of Ohio, with Mr. ALLEN, for the rest ofthe day. annum. Furthermore, it will give to the Knights of Labor, whose in Mr. W A.RD with Mr: DAVENPORT, for the rest of the day. terests we are all seeking to promote and harmonize, some bread an_d :Mr. ROBERTSON with Mr. ATKINSON, for the rest of the day. meat, in consideration of labor, for the poor and the needy. That IS :Mr. MORRISON with Mr. BOYLE, on this vo~e. what it will do. . · The vote was then announced as above recorded, The SPEAKER. The gentleman's time bas expired. Th~ question Mr. RANDALL moved that the House do now adjourn. is on the motion to suspend the rules and adopt the resolution of the The Honse divided; and there were-ayes 73, noes 97. gentleman from Iowa [Mr. MURPHY]. So the House refused to adjourn. Mr. HOLMAN. I call for the yeas and nays. · The yeas and nays were ordered. CAMPBELL VS. WEAVER. The question was taken; and there were-yeas 114, nays 102, not Mr. P .A YNE by unanimous consent, presented the views of the mi· voting 107; as follows: YEAS-114. nority of the ~mmittee on Elections in the case of Campbell against Weaver; which were ordered to be printed with the report of the ma Anderson, .J. A. Foran, Mill'er, Scranton, Baker, Frederick, Milliken, Skinner, jorit!. Barry, Fuller, Mills, Smalls, PUBLIC BUIJ,DINGS. Bayne, Funston, Mitchell, Spooner, Boutelle, Gallinger, Morgan, Springer, Ur. DIBBLE. I am directed by the Committee on Public Buildings Brown, C. E. Gay, Morrow, Stephenson, and Grounds to move to suspend the rules and adopt the resolution BrowniW.W. Gilfillan, Murphy, Stewart, Charles Bunne 1, Hall, . Neal, St. Martin, ·which I ·send to the Clerk's desk. Burleigh, Hanback, Neece, Stone, E. F. The Clerk read as follows: Butterworth, Haynes, Negley, Strait, Resolved That Tuesday, May 4, 1S86, afte~ the hour for consideration of bills re Campbeli,J.l\1. Henderson, D. B. Nelson, Struble, ported fro~ committees, be fixed for the consideration of §UCh bills as may be Campbell, T.J. Henderson, T.J. O'Donnell, Sym~, Cannon, Hepburn, O'Hara, Tarsney. indicated by the Committee on Public Buildings and Grounds of the bills re Carleton, Herman, Osborne, Taylor, Za:ch. porte"d by sai ings at various places in the country, bnt I am also aware that th& Mr. MILLIKEN. Did be raise his voice and vote against it or pro tendency to multiply them is increasing beyond the growth of any other test against it as loudly as he does now? expenditure, even that of the river and harbor bill itself. Mr. BLOUNT. There was no such proposition pending. They asked I looked at the appropriation bill for 1878 to see the number provided a day for the consideration of their bills, and that was the most they for there and it was only nineteen. It continued to range about that asked. point for quite a number of years until it received an impetus in the Mr. UILLIKIN. Was that resolution not just as broad and sweep Forty-seventh Congress. Then there were a large number authorized to ing as this? be constructed. In theForty-eighthCongresstherewasagreatstruggle ?tfr. BLOUNT. No, sir. . for the construction of public buildings. Seven or eight millions were Mr. McMILLIN. And let me remind the gentleman from Georgia, authorized to be passed in addition to works then going on. Quite a too, that even that order was broken down and could not be enforced, number of statutes have passed in this Honse authorizing the construc alt.hough it was not as radical by one-fourth as this is. tion of public buildings! and at one tiille the rage for these public build Ur. BLOUNT. It never was, and the proposition was different. ing was so intense and reckless, I am informed, the Senate sent in one You do not ask here for a day. You ask that all the legislation for this batch thirty-seven of them. great country for every department of the Government shall be sus Mr. McUILLIN. There were two for every State as regularly as pended and that you shall be allowed to go on and continue from day they came up. to day voting for every public building that anybody wants. Mr. BLOUNT. I suppose they are hereafter to come in the same This House is too intelligent for my inconsistency, if there be incon way. Nevertheless, Mr. Speaker, wehaveinaddition to these a notice sistency, to help these gentlemen forward with this scheme. I have from the chairman of the Committee on Public Buildings and Grounds regrett«;Jd that it was necessary for me to say anything. I have not ob that as the Calendar now stands we are to be invited to the considera structed the wishes of gentlemen. There has been great liberality dis tion of$4,000,000 more of these buildings all around the country, and played in this regard. But when I heard this proposition, and when I that many more will be on the Calendar by the time we shall reach the remembered the declarations made by my party in favor of public econ day fixed by this resolution. How many they can pass under this order, omy, and when I remembered its antecedents, I was not willing to keep continuing as it does from day to day until they get tired or disgusted silent and perhaps to bring mockery on the professions we have made. with the whole performance, no human being can tell. But I do know The Democratic party has never obtained popular favor on any other there has been a greater disposition to pass public building bills during idea so much as it has done from its regard for economy in publi~ ex this Congress than any I have ever known. penditures. That idea may be laughed at here, and oftentimes by some I do not see why the committee can not be content with the hour gentlemen it has been made a term.ofreproach. But it isnotsowhen fixed by the rules for this purpose. Experience up to this time has dis- . they go forth through the land bidding the people to approve of this closed the fact that we are able under the new rules to pass a great many or that action of their party. All of these gentlemen, however much bills of this character; and it does seem to me as if we were going to they may have ridiculed economy in expenditures here, have gone to strike down all restraints, to throw open ~he door and pass building after every hustings and proclaimed they were par excellence the guardians building, involving expenditure after expenditure out of the Federal of the Treasury. Treasury, without any discretion whatever. Where is it to end? If I have no objection to a reasonable consideration of these bills. I this 'had been a proposition to limit the number of bills to a reasonable have no objection to the passing of the usual number, or if need be sum, if we had any specific number upon which we are ca.lled to pass,· even of more than that. But I beg to say that at this time the force it would be better; but we are to vote blindly on thirty now on the Cal~ in the Treasury Department necessary to do the work is entirely inad endar and all the balance that can be placed there from now until this equate. Even now if you get your plans, and commence the construc resolution takes effect, never stopping until the whole subject has been tion of the buildings you have on hand, you can make no progress, vote exhausted or the 'Treasury has been exhausted. . . as many bills through as you please, until you have increased immensely Mr. Speaker, it is easy to rush forward and do this thing.· The House the number of employes in the Architect's Office. hast he power to throw open the door and let all of these bills go·through; Mr.· McMILLIN. Will the gentleman allow me to make a sugges bnt there was a time in this House, through Congress after Congress, tion? This resolution is not confined to one day, to one week, or even when a :proposition of this 1.rind could not be passed. to this session, but its operation may run to the 4th of next March. -In the Fony-fourth Congress-- Ur. BLOUNT. Certainly it may. Mr. DIBBLE. Will you permit a question? M:r. McMILLIN. There is no limit to it. Mr. BLOUNT. Certainly. Mr. BLOUNT. I reserve the balance of my time. Mr. DIBBLE. I want to know if that was before the Macon bill Mr. DIBBLE. The gentleman from Georgia [Mr. BLOUNT] labors was passed. [Laughter.] under a misapprehension as to the facts in relation to the order made .M.r. BLOUNT. I expected just that appeal. Is that a reasonable in the last Congress. · To save time I will read from the RECORD instead answer to the question, whether or not we shall go forward and pass of sending it to the Clerk's desk. bills erecting building after building; to lay aside important business 1\Ir. STOCKSLAGER. I move to suspend the rules and pass the resolution which and work Mr. DIBBLE. No, sir. I give the House credit for better intelli Mr. HEWITT. Has the gentleman made the count?' gence. After the lessons of the last days of the last Congress I believe Mr. BAYNE. Ihavenottimeto beinterrupted. Now, Mr. Speaker, this House will never consent that its business of this nature should there is another suggestion which applies to many of my friends on this not be considered in a business-like way. In the closing hours of the side of the Chamber and to some on the other side. In the last Con session, when every one is rushing to the floor, bill after bill for public gress we passed a large subsidy ostensibly for the merchant marine. Not buildings is passed without deliberation whether the case has been in one dollar if it bad been expended would have been likely to have been vestigated or not. In the interest of public business being deliberately put into a plank in a ship; but now when we have an opportunity to done I ask whether it is not better to devote two or three days-and vote authority and money for the construction of ships which the Gov I assure the House according to my estimate it will not consume more ernment would own, when we have a chance to ma~e a.n appropriation, than two or three days at the furthest-whether it is not better to take every dollar of which would go into the construction of ships, we fail up these propositions one by one and let them be thoroughly under to do so. stood before being acted upon. For myself, I am in favor of the construction of ship.s which the Gov Is the House afraid of itself? Is the gentleman from Georgia afraid ernment will own; I am in favor of voting mtmey for the building of the House will run away with the Treasury on its ba.ck? Why, sir, a navy. We have a defenseless coast; wehavea number of defenseless look ·at the record of the last Congress. I have it here; every bill that cities along that coast which are at the mercy of every third-rate na was passed; every increase oflimit.thatwas made. We have reported tion in the world; yet we refuse to promote a measure to put our Navy four millions here for the consideration of this House. In the last Con in a condition to defend our coast; we refuse to trust a Democratic Sec gress over six and a half millions-nearly seven millions-were passed retary of the Navy (in whom, I confess, I have confidence), to make ina manner entirely indefensible. Ofthatlegislation $3,235,000 passed preparations to defend our cities, although, as I have said, we have here in appropriation bills, one of those appropriation bills passing without tofore voted a large amount of money which would have gone into the being read in the House, at the very close of the session. pockets of a wealthy syndicate under the guise of promoting the mer Mr. HOLMES. Will the gentleman allow me to ask him a question? chant marine. Mr. DIBBLE. Yes, sir. Mr. BLOUNT rose. Mr. HOL1tiES. I understand the gentleman to make a comparison The SPEAKER. The gentleman from Georgia [Mr. BLOUNT] has between the appropriations for public buildings in the last Congress and three minutes. in this. Do I understand that these bills contain all the recommenda Mr. BLOUNT. Mr. Speaker, so far as the pending resolution and tions to be made by the Committee on Public Buildings and Grounds the one adopted in the lust Congress are concerned, I have made an ex at this session? amination ofthem, and I do not think they are identical. The resolu Mr. DIBBLE. Not at all, sir. I will speak of that point in a few tion adopted in the last Congress provided, as I understand, for the con moments. Bills that were separately recommended by the committee sideration of bills upon the House Calendar and upon the Speaker's table; and passed amounted to $3,652,000,000. That made$6, 900,000, nearly. and -that is what we all unj}erstood we were voting on. That was the work of the last Congress. Numbers of meritorious bills We were informed by the Committee on Public Buildings and Grounds that should have passed that Congress were obstructed by the small :fili at that time of the number of bills they proposed to pass. They had bustering minority to which I have alluded; and while, in answer to made a calculation which they showed in debate, and the debate dis the question directed to me by the gentleman from Iowa [Mr. HoLM.Fs], closed that, so far as the opinion of the committee was concerned, the I do not mean to say that this is all the legislatio~ of this kind recom appropriations they contemplated did not exceed the appropriations of mended or to be recommended by the Committee on Public Buildings the preceding Congress. and Grounds at the present session, I do.say that whatever legislation But, sir, suppose the resolutions were identical. Is the situation of that committee present they will endeavor to put before t~e House. so to-day identical with that in the last Congress? At the time the House that it may know what it is doing and may act deliberately. passed the resolution referred to, ·four months had elapsed, and not a Past Congresses have been in the habit of inaugurating ne.w public public-building bill had been considered; it had been impossible to ob buildings to the extent of between seven and eight millions per Con tain the consideration of such bills. Such was the announcement of gress. It must be remembered, Mr. Speaker, that the first session of the chairman of the committee at that time, and the matter is within a Congress is the only time when these measures can be discussed and the knowledge of the House. So that the only method left for secur considered with deliberation. When the second session comes it lasts ing the consideration of those bills was to adopt such a resQlution. only three months, and the appropriation bills, if properly treated, oc What is the case in this House? The Committee on Public Buildings cupy nearly the entire time. This House will always be informed by and Grounds has already had several hours and will have more. The the present Committee on Public Buildings and Grounds as to what favorable disposition of the House has been shown by demanding very amount' it has appropriated for these purposes. We will endeavor to little time for debate. Yet with all the facilities the committee has keep the House informed upon that point at all times. We desire now for passing"these bills-facilities equal to those of most of the committet;a to present this measure and let the House act. We zealize that we are of the House-we are invited torepeattheresolutionadoptedin the last the servants of the Ho~, bound to present our business for its consid House, and give this additional facility of going on from day to day,.and eration in a business-like way. I now yield to the gentleman from passing not only bills now on the Calendar and Speaker's table but all Pennsylvania (Mr. BAYNE]. that may go there thereafter. Mr. BAYNE. Mr. Speaker, Iaminfavorofthisresolution. !think Now, Mr. Speaker, whether my position on this question is consistent it well enough to appropriate money for the construction of these pro or not it does not affect the merits of this question. Whateverthefact posed new buildings. They are needed, I presume; the Committee on may be as to my consistency, the question will come back whether this Public Bnildings and Grounds would not recommend them if they were is a reasonable thing to do, whether it is not extravagant, whether it not. Moreover, this kind of legislation will have a tendency to shut will not be so regarded by the country; and it should be remembered out legislation of a very much worse character. The Committee Qn that this House may have to meet extravagance not only from this Ways and Means is proposing a certain measure here, andiaminfavor qll.arter but from other quarters in respect to other items. of occupying as much time as possible with other measures to the ex The SPEAKER. The time allowed for debate in opposition to the clusion of that. [Laughter.] motion has now expired. . .1\Ir. McMILLIN. Is that your object in favoring the passage of this Mr. RANDALL. Is there no more time for debate against the res resolution? olution? Mr. BAYNE. Mr. Speaker, we have a spectacle here which the The SPEAKER. The gentleman from. Georgia [Mr. BLOUNT] has country should witness. Only a few moments ago we voted upon a just consumed the l~t three minutes. ..:esolution reported by the Committee on Naval Affairs :fixing a time 1tfr. NEECE. I move that the House do 1,10w adjourn . for the consideration of a bill which looks to the construction of a navy. The motion was not agreed to, there being-ayes 68, noes 96. That resolution was defeated. The bill which it was designed to bring TheSPE.A.KER. Thegentlemanfrom South Carolina [Mr. DIBBLE] before the House for action has the cordial and earnest support of the is entitled to three minutes. Secretary of the Navy. He has recommended the building of war Mr. DIBBLE. Mr. Speaker,Ihaveonlythif;tosay, that the Commit ships. But t.he resolution was voted down. On the other side of the tee on Public Buildings and Grounds may be depended on to keep in due Atlantic such a vote would be construed as a vote of want of confidence observance all theprecedentsofthe previous Congre....~ and to endeavor in the Secretary of the Navy. not to exceed them, and they will be willing to inform the House as We do not get the ships. But when we are called upon to vote for to the amount authorized to be expended at any time. a resolution :fixing a day for the consideration of public-bnilding bills, Ur. EDEN. LustSaturdaywe could hardly keep the House within we carry it by 140 against 24, thus voting confidence in ourselves, al the limits of the order. though we may not have so much confidence in the branch of the Gov Mr. DIBBLE. On Saturday last we passed bills to the amount of ernment at the other end of the Avenue. [Laughter.] Ie5$.than $10o,ooo. · The situation is so mewhat suggestive. On tlie question of construct The SPEAKER. The question is now on the motion of the gentle ing public buildings we seem to be substantially undivided, while upon man from South Carolina [Mr. DIBBLE] to suspend the rules and adopt the question of constructing a navy there appears to be much diversity the resolution which has been read. of opinion. I am glad .to believe that a majority of the votes cast in Mr. RANDALL. I call for the yeas and nays. favor of taking up the navai bill comes from my Republican associates. The yeas and nays were ordered, 52 voting in favor thereof. • 3628 CONGRESSIONAL REOORD-HOUSE. APRIL 19; The qu~tj.on was taken; and there wer~yeas 142, nays 77, not The Clerk proceeded to read the bill. voting 104; as follows: :Mr. RICHARDSON. Perhaps if I am permitted to make an expJ.a.. Yl!;AS-142. nation it will save the nece...~ty of reading_the bill. · Anderson, C . .M. Dunham, Ketcham, Rogers, Mr. HEWITT. The bill ought to be read. : An • 1886. CONGRESSIONAL RECORD-HOUSE. 3629 PETITIONS, ETC. deceased, ofSaintMary'sParish; of Richard Henry Allen, of LaFourche The following petitions and papers were la.i the District of Columbia, for the passage of House bill 4694, incorpo Also, memorial of Knights of Labor of Junction, of Denver, and of rating the Washington Traction ..Railway-to the Committee on the Boulder, Colo., against the free-ship bill-to the Select Committee on District of Columbia. American Ship-building and Ship-owning Interests. By JI.Ir. MILLIKEN: Petition of Elizabeth Brid~ers, fbr wido'!'s pen Also, memorial of Knights of Labor of South Pueblo, of Stout, of sion-to the ·Committee on Invalid Pensions. Salida, of Williamsburg, and of Boulder, Colo., ih favor of the construc Also, petition of D. C. Hall and others, to grant a pension to Charles tion ofthe Hennepin Canal-to the Committee on-Railways and Canals. :A.. Chase, of Fairfield, Me.-to the same committee. By Mr. TARSNEY: Petition ofM:rs. Anne Mattocks, for a pension By JI.Ir. NEECE: Petition of 60 citizens of Cable, ill., against the to the Committee on Invalid Pensions. change of the present law in reference to pilots-to the Select Com Also, memorial of the Knights of Labor of Grand Rapids, Mich., in mittee on American Ship-building and Ship-owning Interests. f.wor of the construction of the Henne_pin ·Canal-to the Committee on Also, protest of Knights of Labor of Cable, Dl., against the free-ship Railways and Canals. bill-to the same committee. · Also, resolutions of the United Labor League of America, for contin ·By Mr. NEGLEY: Papers relating to the claim of David Clark, ad uance ofstreet improvements and sewers in the District of Columbia ministrator of Samuel Clark, of New OrleansJ La.-to the Committee to the Committee on Appropriations. on War Claims. Tiy Mr. ZACH. TAYLOR: Resolutions of the Merchants' and Cotton By Mr. NELSON: Resolution of the Board of Trade of Red Wing, Exchange of Memphis, Tenn.• requesting an increase in the appropri Minn., against unjust discriminations on the .part of common carriers ation for the Signal Service-to the same committee. to the Committee on Commerce. By Mr. THOMPSON: Petition of citizens of Pike and Scioto Conn By Mr. OSBORNE: Petition of manufacturers of licorice paste and tie!3, Ohio, for the passage of a bill embodying the recommendations of ofplug-tobacco, :remoJ;lStrating against the passage of House bill No. the nationn.l ·pension committee of the Grand Army of the Republic 2522-to the Committee on Ways and Means. . to the Committee on Invalid Ponsions. By Mr. PARKER: Pe.titions, &c., in favor of granting a pension to Also, petition of John P. Lacy, for pn.yment for services in the capt William Hicks-to the Committee on Invalid Pensions. ure of steamer Lady Washington during the late war-to the Com- Also, petition for a pension to John Richardson, late of Company H, mittee on War Cln.ims. · Twentieth New York Cavalry-to the same committee. By 1\Ir. TOWNSHEN.D: Petition for relief of George Cooke, Com By Mr. PEEL: Petition of G. W. Mitchell and of -John Miser, of pany B,. Thir{y-second Regiment Ohio Volunteers, to accompany bill Benton County, Arkansas, asking that their war claims be referred to to the Committee on Military Affairs. . the Court of Claims-to t-he .Committee on War .Claims. Also, petition of Samuel Burwell, First Lieutenant Company 1\I, Fifth :By 1lfr. PERKINS: Petition of E. L. Barnes n.nd 136 others, citizens Regiment illinois Cavalry Volunteers, -for .removal of charge of deser ofNeosho-County, Kansas, praying for legislation that will embody the tion-to the !5ame committee. recommendations ofthe national pension committee of the Gmnd Army Also, papers and evidence in support of the bill for reliei of Fannie of the Republic-to the Committee on Invalid Pensions. Pemberton, formerly Fannie Glass-to the Committee on Claims. By Mr. PETERS: Petition of Dr. J. R. ..Duncan and others, citizens By Mr. _WHEELER: Petition of James a Patterson, asking that hls of Jiarvey County, Kansas, favoring the -creation of a national board war claim be referred to the Court of Claims~to the Committee on War ofthealth---'to the Committee on Commerce. Claims. - Ry Mr. P.RICE: Memorial of the board -of supervisors of Stanton, Byl\Ir. WILKINS: Memorial from Samuel W. Osborn, masterwork Wis., -on interstate commerce-to the same committee. _ man of Knights of Labor, No. 2444, of Zanesville, Ohio, for construc By 1\Ir. ROCKWELL: Petition of Burr L. Willi.'\ms, for restoration tion of public works .of internal importance-to the Oommittee on Eai.l to ithe;pension-rolls-to the Committee on Invalid Pensions. . ways n.nd Canals. .:By Mr. ROMEIS: :Petition .of Knights ·of Labor of Fremont, Ohio, By Mr. WINANS: .Petition of C. E. Osborn, A. W. Mathews, ·and against :the passage of the free-ship bill--'to the Select :Committee-on 60 others, citizens of Otisville, Oakland County, Mkhjgan, for a pensiun American Ship-building and Ship-owning Interests. to ·samantha Alexander. widow of W. ·E. Alexander-to the Committee -ny Mr. TIY.AN: Petitionnfcitizens -ofReese, Kans., for :the.reliefof on Invn.lid Pensions. · . third .and .fourth class postmasters-to the Committee on the Post-Office By Yr. WOODBURN: Petition of .John Hunter and 106 others, citi and Post-Roads. zens of Bingham 'County, Idaho, .requesting the passage of the bill in Mso, petition of .citizens -of .1\iadison, .Kans., for the ·relief of third tro.duced by Mr. WooD'BURN, of Nevada, to regulate the:rigntofvoters and fourth claa& -:post-offices-to -the same committee. .in the Territories-to the Committee on the Territories. .By 'Mr. SAWYER: Petition .for amendment-ofthepatent laws-to The following petitions, ·praying Congress 'for the enactment of:a 1:tw the Committee on Patents. · · requir,ing -scientific temperance ·instruction in the public schools of the .:By .Mr. SENEY: .Remonstrance of Cincinnati Board 'Of ·Trade and District of Columbia, in the Territories, and in -the Military and Naval T.raDSport.'l.tion .against Senate bill and House .bill to build .a bridge at Academies, the Indian and colored schools supported wholly or in pRI't Cairo, Dl.--to the .COmmittee on Commerce. by mon€y from the national Treasury, were :presented and severally 'By Mr. SKINN~R: Petition of Bryant Waters, of Wasillngton referred to the Committee on Education: . County, North Carolina, for relief-to the Committee on Pensions. By Mr. BOUND: ·Of citizens of Daupbin and Northumberland ·coun- Also, papers in the case-of John F. J>endleton, of PasquotankCounty, ties, .Peunsylvania. - Ne:r.th Carolina-to the Committee ·on War Claims. By lth-. HALL: ·Of crtizensofl3uena VistaandW:lShington Counties, Also, papers in-trre-claimofWilliam Chester, ofHyacCounty, North fu~ . . Carolina-to ·the same-cemmittee. By Mr. KETCHAl!:t:: · Of.citizensuf'Putnam and Columbia Counties, By 1\fr. STAHLNECKER: ·Uemorial asking .an investigation of State NewYork. . debts., and a remedy therefor--to the Committee on the Judiciary. By Mr. A . .J. WEAVER: Df citizens of•Gage ·County, Nebl'Mka. B_y ..Mx. STEELE:.Concurrent resolution ofthe Legislature ofIndiana, asking the passage of a bill giving n .pension to .soldiers who were prisoners of war-to the Committee on Invalid Pensions. Also, petition ·of Martin.Coughlin, Company A, Thirty-fifth Iniliana SENATE. Volunteers, askingto ha-ve the charge of desertion removed-to the Committee on 'Military Affairs. TUESDAY, April 20, l88G. B_y .Mr. STEPHENSON: Petition of Huff Jones, asking for relief for Prayer 'by the Chaplain, Rev. J. G. 'BuTLER, D. D. expenditures made under m1 agreement with the Indian agent at The Journal of yesterday's proceedings was read and appro-ved. Green Bay, W1S.-to the Committee on Indian Affairs. Also, petition of 610 citizens of :Marietta, Wis., requesting the pas EXECUTITE COl\IMU~~CATION. sage of an act for the construction of a bridge across the 1!Ienomiuee . The PRESIDENT pro tempore laid before the Senate a communica River, -within 1t miles of its mouth, said river being the boundary tion ·from the Secretary· of the Interior, transmitting, in' .response to a hetween fhe States of Wisconsin and M:ichlgan-to the 'Committee on resolution of February 23, 1886, a report of the Commissioner of the Commerce. General Land Office relative to the payment by the Northern Pacific .By M:r. CHARLES STEWART: Petition of-certain citizens of Trinity Railroad Company of the cost of selecting, surveying, and conveying or County, Texas, asKing for. approp1iations to transport .negroes to Li patenting lands granted to that company by act of Congress to aid in beria-to the Committee on Foreign Affairs. the construction of its road, &c.; wbich, with the accompanying papers, . 13y Mr. E. F. STONE: Memorial of Knights of Labor, of Beverly, was, un motion of 1\:I:r. DoLPH, ordered to lie on the ta-ble and be lYlas.a., relatingio harbor of refuge .at Sari.dy Bay, Massachusetts-to printed. the Committee on Rivers and Harbors. COLUl\IBI.A INSTITUTIOX FOR THE DEAF .AND DUMB. Also, ·memorial of Knights of Labor of .E...<:Sex, Mass., relating to the .Hennepin Canal-to the Committee on Railways and Canals. 1\Ir. DAWES presentea ·the annuri11·eport of ·E. M.