1220 CONGRESSIONAL RECORD-HOUSE. J .ANUAliY 26,
Philadelphia, Pa., indorsing House bill No. 887, to provide for passage of the bill to establish an admiralty court at Buffalo, adding and completing specimens and productions, etc., to be ex N. Y.-to the Committee on the Judiciary. hibited in the Philadelphia museums-to the Committee on Inter Also, papers in behalf of the people of the Seneca Nation, New state and Foreign Commerce. York Indians-to the Committee of Indian Affairs. By Mr. BURLEIGH: Petition of post-office clerks of Augusta, By Mr. SHACKLEFORD: Petitions of the publishers of the Me., in favor of the passage of House bill No. 4351-to the Com Weatherford Democrat, Granville Herald, Shiner Ga2ette, Shn mittee on the Post-Office and Post-Roads. .lenburg Sticker, Corsicana Truth, Lancaster Herald, Denton Moni By Mr. CLARK of Missouri: Protest of the American Federa tor, Bonham News, Comanche Exponent, Dublin Progress, Myrtle tion of Labor, against the· ceding of large areas of the public Springs Herald, Georgetown Sun, Circo Roundup, Honey Grove domain to individuals and corporations-to the Committee on Citizen, Bryan Eagle, Greenville Observer, Greenville Independ Labor. ent Farmer, Jacksonville Reformer, Goldthwaite Eagle, Farmers By Mr. COWHERD: Papers to accompany House bill granting ville Times, Garland News, Brenham Banner, Hillsboro Mirror, a pension to Gevert Schutte-to the Committee on Invalid Pensions. Temple Times, Waxahachie Enterprise, Gainesville Register, By Mr. DALZELL: Resolutions of Manufacturers' Club of Itasca Item, Longville Times-Clarion, and Henderson Times, all· Philadelphia, Pa., indorsing House bill No. 887, to provide for in Texa.s; NewYorkMillsUusi Kotimaa, Minnesota; Dover (Del.) adding to and completing specimens and productions, etc., to be Sentinel, Gloucester (Mass.) Breeze, Willows (Cal.) Journal, exhibited in the Philadelphia museums-to the Committee on Waukegan (Ill.) Gazette, Toronto (Ohio) Tribune, Cleveland Interstate and Foreign Commerce. (Ohio) Advocate, Pioneer (Ohio) Alliance, Sidney (Ohio) Ga By Mr. DOLLIVER: Papers to accompany House bill to increase zette, Independence (Iowa) Farmers' Advocate, Burlington (Iowa) the pension of Seymore Bookman-to the Committee on Invalid Post, Manchester (Iowa) Democrat, Ackley (Iowa) World, Omaha Pensions. (Nebr.) Amerika, Honesdale (Pa.) Citizen, West Point (Nebr.) By Mr. ELLIOTT: Petition of citizens of Charleston County, Republican, Carbondale (Pa.) Leader, Latrobe (Pa.) Clipper, S. C., for improvement of the inland water course for navigation Pottsville (Pa.) Journal, Susquehanna (Pa.) Transcript and Jour north of Sullivan and Long Island, South Carolina-to the Com nal, and Madisonville (Tenn.) Democrat, for relief from the paper mittee on Rivers and Harbors. trust-to the Committee on Ways and Means. By Mr. EPES: Paper to accompany House bill for the relief of By Mr. STEELE: Petition of Eli March and others, of Logans Reuben Ragland-to the Committee on Claims. port, Ind., for the reclassification of post-office clerks-to the Com Also, paper to accompany House bill No. 7345, to establish a mittee on the Post-Office and Post-Roads. national military park at the battlefields around Fredericksburg, By Mr. UNDERHILL: Petition of clerks in the post.office at Va.-tothe Committee on Military Affairs. Sing Sing, N. Y., in favor of House bill No. 4351-tothe Commit By Mr. ESCH: Resolutions of Eagle Post, No. 52, Grand Army tee on the Post-Office and P03t-Roads. of the Republic, Department of Wisconsin, praying for the re By Mr. WADSWORTH: Resolutions adopted by the Lake Car introduction and passage of bill for the appointment of honorably riers' Association, Detroit, Mich., favoring the passage of House discharged soldiers, sailors, and marines to office-to the Com- bill No. 3988, to reorganize and improve the Weather Bureau-to mittee on Reform in the Civil Service. - the Committee on Agriculture. Also, resolutions of E. B. Wolcott Post, Grand Army of the Also, resolutions adopted by the trustees of Buffalo, N. Y., Republic, Department of Wisconsin, protesting against the pas Merchants' Exchange, to amend the Revised Statutes of the sage of a proposed bill providing for the removal of disabilities of United States relating to the northern district of New York, to all deserters from the military service of the United States-to the divide same into two districts and provide for terms of court to Committee on Invalid Pensions. be held therein-to the Committee on the Judiciary. By Mr. GREENE of Massachusetts: Petition of the National Also, resolution adopted by the Lake Carriers' Association, held Woman Suffragists of Massachusetts, against the insertion of the at Detroit, Mich., favoring the division of the northern judicial dis word "male" in the suffrage clauses of the constitutions of trict of New York, etc.-to the Committee on the Judiciary. Hawaii, Cuba, etc.-to the Committee on Insular Affairs. By Mr. YOUNG of Pennsylvania: Petition of druggists of the By Mr. HENRY of Mississippi: Papers in support of House bill Twenty-first Ward, Philadelphia, Pa., Frederick Humphreys, for the relief of the estate of George Rea, deceased, late of Copiah M. D., and others, asking for the repeal of the stamp tax upon County, Miss.-to the Committee on War Claims. proprietary medicines, etc.-to the Committee on Ways and Means. By Mr. HULL: Papers to accompany bill granting a pension to Also, resolution of the Manufacturers' Club of Philadelphia, }lira B. Woolson-to the Committee on Invalid Pensions. Pa., indorsing House bill No. 887, to provide for adding and com By Mr. JACK: Evidence submitted in support of House bill pleting specimens and productions, etc., to be exhibited in the No. 5148, for the relief of W . B. Sutter-to the Committee on the Philadelphia museums-to the Committee on Interstate and For Post-Office and Post-Roads. eign Commerce. By Mr. KETCHAM: Petition of citizens of the town of Brew ster, N. Y., for legislation relating to dairy or food products-to the Committee on Agriculture. HOUSE OF REPRESENTATIVES. By Mr. LACEY: Resolution of the Chicago Federation of Labor, FRIDAY, January 26, 1900. against granting the arid lands to the States-to the Committee on the Public Lands. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. By Mr. LONG: Petition of R. P. Murdock and 6 others, of Wich HENRY N. COUDEN, D. D. ita, Kans., asking for strict neutrality on the part of the United The Journal of yesterday's proceedings was read and approved. States in the war between Great Britain and the South African MESSAGE FROM THE SENATE. Republic-to the Committee on Foreign Affairs. A message from the Senate, by Mr. PLATT, one of its clerks, an By Mr. McDOWELL: Petitions of the publishers of the Ashta nounced that the Senate had passed without amendment a bill and bula Beacon and Telegraph and the Millersburg Farmer, .in the joint resolution of the following titles: State of Ohio, urging the passage of House bill No. 5029, to put H. J. Res. 129. Joint resolution authorizing the Secretary of wood pulp and printing paper on the free list-to the Committee War to receive for instruction at the Military Academy at West on Wayi:i and Means. Point Olmedo Alfaro, of Ecuador; and By Mr. MOON: Papers to accompany House bill to remove the H. R. 4602. An act to authorize the Chicago, Rock Island and charge of desertion against the military record of Henry A. Cry Pacific Railway Company to construct and operate a r ailway derman-to the Committee on Military Affairs. through the Fort Reno and Fort Sill military reservations, in the By Mr. NORTON of South Carolina: Petition of the board of Territory of Oklahoma, and for other purposes. health of the city of Charleston, S. C., with reference to yellow The message also announced that the Senate had passed with fever in Habana, Cuba-to the Committee on Interstate and For- amendments the bill (H. R. 6237) making appropriations to sup eign Commerce. · ·- ply urgent deficiencies in the appropriations for the fiscal year By Mr. PEARRE: Paper to accompany Honse bill for the relief ending June 30, 1900, and for prior years, and for other purposes, t>f Chauncey Kimmell-to the Committee on Invalid Pensions. in which the concurrence of the House was requested. By Mr. RUSSELL: Resolutions of Division No. 1, Ancient Or ENROLLED BILL SIGNED. der of Hibernians, of Stonington, Conn., expressing sympathy with the Boers-to the Committee on Foreign Affairs. Mr. BAKER, from the Committee on ·Enrolled Bills, reported Also, petition of the Woman Suffrage Association of Connecti that they had examined and found truly enrolled bill of the follow cut, relating to suffrage in insular possessions-to the Committee ing title; when the Speaker signed the same: on Insular Affairs. H. R. 6777. An act r elative to the widening and extension of By Mr. RYAN of New York: Petition of Buffalo Merchants' Sixteenth street in the District of Columbia. Exchange, to order a preliminary survey of Black Rock Harbor CENSUS. and approaches thereto from Lake Erie-to the Committee on Mr. HOPKINS. Mr. Speaker, I have a privileged report which Rivers and Harbors. I desire to present-a conference report. Also, petition of the Lake Carriers' Association, asking for the The SPEAKER. The i·eport will be read. 1900. CONGRESSIONAL RECORD-HOUSE. 1221
The Clerk read as follows: The SPEAKER announced the appointment of Mr. CANNON, The committee of conference on the disagreeing votes of the two Houses Mr. BARNEY, and Mr. LIVINGSTON as conferees on the part of the on certain amendments of the House to the bill (S. 2179) entitled" An act re House. lating.to the 'l·welfth and subsequent censuses, and .giving to the Director PRINTING FOR COMMITTEE ON RIVERS AND HARBORS, thereof additional power and authority in certain ca.sea, and for other pur poses," having met, after full and free conference have agreed to recommend Mr. BURTON. I ask for the present consideration of the reso and do recommend to their respective Houses as follows: lution which I send to the desk. That the Senate recede from its disagreement to the amendment of the House numbered 1, and agree to the same with a.n amendment as follows: The Clerk read as follows: After the word "censuses," a.t the end of the matter inserted by said amend- Resolved, That the Committee on Rivers and Harbore. be authorized to ment, insert the followin~: · have printed and bound such papers and documents for the use of ·said com "Provided, That in taking the census of said classes the inquiries shall w mittee as it may deem necessary in connection with the subjects considered confined to the following four questions, namely: Name, age, sex, and post or to be considered by said committee during the Fifty-sixth Congress. office address." And the House agree to the same. There being no objection, the House proceeded to consider the That the Honse recede from its amendment numbered 2. resolution; which was agreed to. A. J. HOPKINS, CHARLES A. RUSSELL, COMMITTEE ON R,IVERS AND HARBORS. 1!~. M. GRIFFITH, Mr. BURTON. Mr. Speaker, I also ask unanimous consent Managers on the part of the House. for the present consideration of the resolution I send to the desk. THOS. H. CARTER, EUGENE HAijE, The resolution was read, as follows: S. D. McENERY, Resolved, That the Committee on Rivers and Harbors be granted permis Manager& on the part of the Senate. sion to sit during the sessions of the House and during the recess of Con· The following statement of the House conferees was read: gress. - The managers on the part of the House of the conference on the disagree The SPEAKER. Is there objection to the present considera ing votes of the two Houses on the amendments of the House to the bill (S. tion of the resolution presented by the gentleman from Ohio? 2179) relating to the Twelfth and subsequent censuses submit the follow~g There was no objection, and the resolution was agreed to. written statement in explanation of the effect of the action agreed upon m the accompanying conference report, namely: FORT HAYS MILITARY RESERVATION. On amendment numbered 1, concerning statistics of deaf, dumb, and blind, it is proposed to add that in taking the census of said classes the inquiries Mr. MILLER. Mr. Speaker, I desire to ask the privilege of shall be confined to the questions of name, age, sex, and post-office address. the House to call up a report from the Committee on the Public The amendment of the Honse numbered 2, relating to statistics in regard to Lands on the bill (H. R. 955) granting to the State of Kansas the mines, mining, and minerals, is stricken out. A. J. HOPKINS, abandoned Fort Hays Military Reservation in said State for the CHARLES A. RUSSELL, purpose of establishing western branches of the Kansas Agri F. M. GRIFFITH, cultural College and of the Kansas State Normal School thereon, Managers on the pai·t of the House. and for a public park, and ask immediate consideration of the Mr. HOPKINS. Mr. Speaker, I move the adoption of this same. report; and if no gentleman desires to ask any question, I move The SPEAKER. The bill to which the gentleman refers will the previous question. be read; after which the Chair will ask if there be objection, The previous question was ordered; and under the adoption The bill was read. as follows: thereof the report of the committee of conference was adopted. Be it enacted, etc., That the abandoned Fort Hays Military Reservation On motion of Mr. HOPKINS, a motion to-reconsider the vote and all the improvements thereon, situated in the State of Kansas, be, and ·by which the report was adopted was laid on the table. the same is hereby, granted to said State upon the conditions that said State shall establish and maintain perpetually thereon, firstt a western branch ol INDIAN APPROPRIATION BILL, the Kansas Agricultural Colle~e; second, a western &ranch of the Kansas Mr. SHERMAN, from the Committee on Indian Affairs, reported State Normal School, and that m connection therewith the said reservation shall be used and maintained as a. public park: Provided, That said State shall, a bill (H. R. 7433) making appropriations for current and contin within five years from and after the passage of this a.ct, accept this grant, gent expenses of the Indian Department and for fulfilling treaty and shall by proper legislative action establish on said reservation western stipulations with various Indian tribes for the fiscal year ending branches of the Kansas Agricultural College and the Kansas State Normal School; and whenever the lands shall cease to be used QY said State for the June 30, 1901, and for other purposes; which was read a first and purposes herein mentioned the same shall revert to the United States. second time. Mr. RICHARDSON. I reserve all points of order upon the Mr. UNDERWOOD. Mr. Speaker, I would like to ask if there bill. is a report accompanying this bill. And if so, I should like to The bill, with the accompanying report, was then referred to have it read, reserving the right to object. · the Committee of the Whole House on the state of the Union, and Mr. HITT. Mr. Speaker, if the gentleman from Alabama will ordered to be printed. · permit me to make a statement, he will probably not insist upon his demand. The report is quite a lengthy document; and the . SAC AND FOX INDIANS IN IOWA. gentleman from Kansas who calls up the bill can state the pur Mr. SHERMAN. I am instructed by the Committee on Indian port of it very much more briefly and present the facts accompa Affairs to report back favorably the resolution which I send to nying it. I may state also that this is the unanimous report of the the desk, and ask its present consideration. Committee on the Public Lands. The Clerk read the following resolution, submitted January 18, Mr, UNDERWOOD. I have no objection. 1900, by Mr. COUSINS: Mr. MILLER. Mr. Speaker, I desire to say that this bill is an Resol'Ved, That the Secretary of the Interior be and he is hereby, author exact copy of the bill presented to the Fifty-third Congress, and ized and directed to ascertain and report to the House, as early as practica ble, what was the number of Indians of that part of the confederated tribes which was passed both by the House and Senate, but failed to be known as the Sac and Fox of the Mississippi, residing in the State of Iowa, to come a law by reason of the fact that it did not receive the Presi and for whom no portion of the tribal annuities was paid or expended for the dent's signature. It was also introduced in the last session of the period from 1855to1866, both inclusive, as reported by him to Congress March 12, 1896 (Senate Document No. 167, Fifty-fourth Congress, first session), and Fifty-fifth Congress and passed the Senate, but failed to reach a what would have been the amount of their shares if said tribal annuities less vote in the House by reason of the refusal of the Speaker to per the amounts annually expended to meet requirements of treaty provisions,1 mit it to be taken up. · had been apportioned and distributed pro rata to the members of the differ ent portions of said tribes; also, what were the numbers, annually, of the It is unanimously reported from the Committee on the Public members of said tribes. as shown by the accounts of the proper disbursing Lands of the House; and the Committee on the Public Lands of officers, from 1867 to 1899, both inclusive, receiving annuities at the agencies the Senate have also unanimously reported in favor of it. having charge of the respective portions of said tribes and the amounts of the tribal annuities paid to or expended for each portion, less the amounts an A provision of the bill-and the only essential feature of it-is nually expended to meet the requirements of treaty provisions, and to state to give to the State of Kansas an abandoned military reservation, and report an account showin~ in detail any unequal apportionment and dis known as the Fort Hays Military Reservation, containing some tribution of said tribal annuities to that portion of the tribes now residing in the State of Iowa; and, further, to report what a.mount, if any, of the salary where about 7,000 acres of land. This land is to be used by the of the principal chief of the Fox Indians of said confederated· tribes for the State, as provided in the bill, exclusively for educational purposes, period from 1855 to 1899, both inclusive, has not been paid to him from said to establish a branch agricultural college and State normal school tribal annuities, as required by the fourth article of tlie treaty of 184.2 and the for the benefit of the people of that State, and the legislature has ninth article of the treaty of 1867 with said Indians. unanimously asked that it be done. It is a matter of considerable The SPEAKER. Is there objection to the present consideration importance to our people, and we appreciate the.necessity and the of the resolution? importance of the legislation which is now proposed. There being no objection, the House proceeded to the consider I may add that there is a provision embodied in the bill that if ation of the resolution; which was agreed to. the land is not perpetually used for such purpose as is contem On motion of Mr. SHERMAN, a motion to reconsider the last plated in the bill it shall revert to the General Government. vote was laid on the table. · · As I said, there are about 7,000 acres of land contained in this URGENT DEFICIENCY BILL, abandoned military reservation. When the Indians were removed Mr. CANNON. Mr. Speaker, I understand the deficiency bill from that western country to the Indian Territory many years ago has been returned from the Senate and is on the Speaker's table. it was abandoned. There are about forty buildings upon the res The SPEAKER. It is. _ ervation, which during all these years have been going to waste. Mr. CANNON. I ask unanimous consent that the House non The land is absolutely useless for Government purposes, and it is concur in the amendments of the Senate and ask for a conference. expensive for the Government even to try to protect its property, There was no objection, and it was ordered accordingly, The reservation was opened up for settlement, but, being out in 1222 CONGRESSIONAL RECORD-HOUSE. JANUARY 26, that section of the State where the land is arid, it was not settled, The SPEAKER. The Chair has no discretion, unless the gentle and was afterwards withdrawn from sale by the Secretary of the man from Alabama withdraws his objection. Interior in order that the Congress of the United States might Mr. RIDGELY. Will the gentleman withdraw bis objection, to take the action that was then contemplated in relation thereto. allow me to make a statement? That is the present condition of this military reservation, and we Mr. UNDERWOOD. Yes; I will withdraw it temporarily. are simply asking that it may be donated to the State to be used The SPEAKER. The objection is withdrawn. for these specific educational purposes. Mr. RIDGELY. Mr. Speaker, for the information of members, I might say that the agricultural college of the State of Kansas and especially for the information of the gentleman from Ala is the largest agricultmal college in the United States. It is now bama-- overcrowded, and the lands that are being used by that institution Mr. UNDERWOOD. Mr. Speaker, is it understood that I only are not nearly large enough for the work that they desire to do. withdrew my objection to let the gentleman have the floor tempo If this reservation is given to the State for that purpose, immedi rarily? ately there will be a branch agricultural college located there, and The SPEAKER. The Chair understood that the gentleman also a branch of the State Normal School, which has more than from Alabama withdrew his objection. 1,200 pupils in it, and is one of the great educational institutions Mr. UNDERWOOD. .Mr. Speaker, I made the statement that of our country. The people of the western part of the State par I withdrew it temporarily. ticularly are anxious that this should be done in order that they The SPEAKER. There is no such thing as a temporary with may en.joy the privileges of these additional educational facilities. drawal, but there is nothing to prevent the gentleman renewing I trust that there will be no objection; that this matter may be the objection. taken up now and passed upon. · Mr. UNDERWOOD. I wish to have the privilege of renew Mr. RICHARDSON. I should like to ask the gentleman what ing it. these lands are supposed to be worth? Mr. RIDGELY. I would like to state, for the information of Mr. MILLER. I think the lands were appraised at $4 an acre. members, that I have a personal knowledge of the country wherein The land is not valuable for any purpose as it is at present, but this land is situated. It is in the extreme western portion of the when once irrigated will become productive and valuable. Then, State, or at least in the west.ern one-third of the State, where the if it is not used for educational purposes, it will revert back to land is exceedingly dry and lies high above the streams. Imme the Government of the United States in a much more valuable diately upon the streams, so far as their water supply will irri condition than it now is. gate, we have population and agricultural use of the country. Mr. TERRY. Is this body of 7,000 acres of land to remain 'rhe higher lands, upon the prairie, that can not be irrigated. are intact, or can you, under the bill, sell it off from time to time? practically worthless for agricultural purposes in their present Mr. MILLER. It is to remain intact, with the exception of a condition. Occasionally we do get some wheat upon these high portion of it that ha.a some growing timber upon it, which is to lands, but even that is precarious. These lands were open for be used for parking purposes, simply to beautify the school grounds settlement for a number of years, as the gentleman tells us, and for the Agricultural College and the State Normal School. no settler felt that he could afford to make the venture. Mr. UNDERWOOD. I should like to ask the gentleman from If the Stat.e of Kansas could be permitted to simply use these Kansas if I underatood his statement that this land had ever been lands-we do not ask the title from the General Government, we open to homestead settlement? simply ask permission to locate an experiment station of our Mr. MILLER. The land was opened for homestead settlement agricultural college thereon-the State of Kansas could afford to under the law of 1884, but afterwards withdrawn from settlement sink artesian wells and lift to the surface a sufficient amount of because of the contemplated action of Congress. water to sustain the experiment and determine the best way of Mr. UNDERWOOD. Settlers were never given an opportunity utilizing these semidesert lands for the benefit of the entire State to enter the land, were they? and the nation. We do not feel that the General Government Mr. :MILLER. Yes; it was open for settlement for a number would lose anything in ceding the mere use of these lands and of years, but no settlers desired to go in and take the land for what little improvements there may be upon them, which, as has farming. been stated, are an expense to the Government to preserve them. Mr. UNDERWOOD. When was that done? It is impossible to sell these improvements for much. Mr. MILLER. The report shows the date when it was opened Therefore I ask and hope the gentleman from Alabama will np, and it also shows when it was withdrawn. withdraw his objection. This is the same legislation that once Mr. UNDERWOOD. When does the report say this reserva passed this House and simply failed on account of the limited tion was turned over to the public domain? When did it cease to time. It comes before us again with the unanimous report of the be a military reservation and become a part of the public domain entire committee, and I hope the gentleman will not insist on his of the United States? objection. Mr. MILLER. Its use as a milit.ary reservation was abandoned .Mr. STEPHENS of Texas. I understand the gentleman to say some sixteen years ago, and no action of any kind was taken, ex that the land covered by this bill is a military reservation? cepting the opening up of this land for a settlement, until the Mr. RIDGELY. Yes, sir. Its use, however, has been aban action of the Fifty-third Congress. doned for some years. M1·. UNDERWOOD. Now, I should like to ask the gentleman Mr. STEPHENS of Texas. Did the United States buy that land this question: I understand this property is located near Fort from anyone; and if so, from whom? Dodge. Mr. RIDGELY. The land has always been United States land. Mr. MILLER. No; it is not near Fort Dodge; it is north of The Government allowed the Indians about 10 cents per acre for Fort Dodge. it by treaty. Mr. UNDERWOOD. How far? Mr. STEPHENS of Texas. Public domain? Mr. MILLER. About a hundred miles north of Fort Dodge. Mr. RIDGELY. It is a part of the public domain, away out in Mr. UNDERWOOD. Is not the surrounding country settled? what is called the short-grass country. Mr. MILLER. Yes; some portions of that country are settled Mr. STEPHENS of Texas. When was it transferred to the near there, and then immediately north of that, some 10 or 12 War Department for military purposes? miles, it is thickly settled, and then again, some miles south it is Mr. RIDGELY. It was simply made a military reservation, well settled. and now the Government has abandoned its use entirely. Mr. UNDERWOOD. Mr. Speaker, I think I have son;ie recol Mr. STEPHENS of Texas. And it was transferred to the pub lection of this bill in the last Congress, and from the informa lic domain? tion I have, I think this bill covers valuable lands. When the Mr. RIDGELY. For a time. matter was before Congress on a former occasion, I think it was Mr. STEPHENS of Texas. Is it a part of the public domain at stated that those lands were worth from $20 to $25 an acre, that present? thtly are not arid lands, that they are not unused lands, that the Mr. RIDGELY. At present it is withdrawn from the public balance of the country surrounding it is open to settlement, and domain. That is, withheld from settlement. that it ought to be thrown open, at least to homestead settlement. Mr. MILLER. By order of the Secretary of the Inte1ior. For that reason I am constrained to object to the present consid Mr. STEPHENS of Texas. But the legal status is that it is eration of the bill. public land of the United States. The SPEAKER. Objection is made by the gentleman from Ala .Mr. RIDGELY. Oh, yes. bama fM_r. UNDERWOOD]. Mr. HENRY of Mississippi. How many acres are there in this Mr. CALDERHEAD. Just a moment. I do not think the gen reservation? tleman from Alabama will persist in his objection if he knows the Mr. RIDGELY. Seven thousand acres. facts concerning the value of that land. Mr. SMITH of Kentucky. How long is it proposed to cede it to The SPEAKER. Objection is made, unless the gentleman from the State of Kansas? Alabama withdraws it. Mr. RIDGELY. So long as the State shall use it as an experi Mr. RIDGELY. Will the gentleman from Alabama withdraw ment station and for school purposes, and it must begin this 1180 his objection until I can make a statement? within five years. 1900. . CONGRESSIONAL RECORD-HOUSE. 1223
. Mr. PARKER of New Jersey. I would like ·to inquire of the by the State, and they will be highly advantageous by reason of ' gentleman if this is not the sort of land that would be needed in the State of Kansas being 150 to 250 miles farther west than any case of another war for camp purposes for troops? of the existing colleges. Under the existing circumstances the Mr. RIDGELY. I do not hear the gentleman. Government, it seems to me, can not make any better disposition Mr. PARKER of New Jersey. In case we have to establish of this property. camps in time of war, would not this be the kind of property that Mr. KLEBERG. Is it not a fact that this is the best general we ought to have in reserve for putting and training troops on? purpose to which that property can be put? Mr. RIDGELY. I think not. I think this Government will Mr. REEDER. Very much so. not have occasion to so use it within a century. We would not Mr. KLEBERG. Very much better than opening the lands to place an·army so far from water and transportation; we have so settlement? much better and so much more highly improved military camps Mr. REEDER. Decidedly. and military reservations already equipped to take care of our Mr. KLEBERG. And if the property be disposed of in the way soldiers. now proposed, it will redound to the benefit of the State and the Mr. PARKER of New Jersey. But we did ur::;e them during the country? late war for camping purposes when we raised troops iii the vari J\Ir. REEDER. Ullldoubtedly. There is no question about that. ous States. Is not this available for camp purposes? Under present circumstances the property is of no value to the Mr. RIDGELY. The transportation facilities would not make United States, and, as the gentleman has suggested, this is very it valuable or available for such purposes; nor is there sufficient much the best general purpose to which it can be devoted. I water in the vicinity to admit of using this reservation as a camp trust the gentleman from Alabama will withdraw any objection for more than a small garrison force, and the necessity for this he may be disposed to urg~, because this subject has been thor use has long since passed. oughly considered by the committee. A measure of this kind Mr. CALDERHEAD. I would state to the gentleman from New has already twice passed the House and twice passed the Senate, Jersey that there is a military reservation of 22,000 acres at Fort and this bill has been unanimously reported by the Senate com Riley. mittee and by the committee of this House. Mr. LACEY. Mr. Speaker, I think there is a slight misunder Mr. UNDERWOOD. I have been opposed generally to the standing upon the part of the House and upon the part of Con policy of the Government giving away military or Indian reserva gress in regard to this reservation. The reservation is a military tions when the property was of value. Sometimes the Govern reservation, which wa.s transferred to the Interior Department to ment is the owner of certain classes of land which can not be used be disposed of under the McRae Act. It was to be appraised; and for settlement, and in such cases it may sometimes be proper to it has been appraised, opening the settlement under the McRae give them away for purposes of this kind. Act at the appraised value. After this had been done and before But the question presented here is one entirely different. Here the time that it was to be settled, Congress took the matter up, is a reservation which is recognized by the authorities as well as and a bill was introduced, either in this House or in the Senate, to by gentlemen who have spolrnn upon this question-a reservation allow the State of Kansas to take possession of this property for that the Government has purchased that can be sold for at least educational purposes. $35,000. It is a valuable piece of property. There is no reason, as A large number of buildings there, practically worthless for any far as I have seen up to the present time, for givtng this amount commercial purpose, can be utilized by the State for educational to this particular school and not to some other. Besides that, it purposes. The property was appraised at about $5 an acre. It is is not a part of the original domain. This same precedent, if car worth in the neighborhood of $35 ,000, I am told. On account of ried into effect, would authorize us to give away the land that we the buildings there, which would be useful to the State for educa buy from the Indfans from year to year as we move them back. tional purposes, and in view of the comparatively small value of Mr. LACEY. Will the gentleman allow me to interrupt him the land, if sold by the United States and the proceeds turned into for a question? the Treasury, it has been thought best to let the reservation go in Mr. UNDERWOOD. Certainly. this way for educational purposes. The Secr etary of the Interior Mr. LACEY. The Scripturesaysthatweshallmakeourswords withdrew the land from market under the McRae Act, and a bill into plowshares and our barracksintoschoolhouses. [Laughter.] has been reported or passed in each Congress making this grant. Does the gentleman object to that? Congress having the subject under investigation, the Secretary of Mr. UNDERWOOD. But when you do that I for one want to the Interior declined to go on and dispose of the property until be certain that they are properly located. [Laughter.] Congress has reached a determination upon the subject. Mr. Speaker, I feel constrained, under the circumstances, to The property stands there in that way. In the meanwhile it is renew my objection. in charge of a custodian appointed by the Interior Department. Mr. ROBERTSON of Louisiana. Mr. Speaker, if I can have It is rapidly deteriorating in value so far as the improvements are the attention of my friend from Alabama for a moment, I wish to concerned. It is swept by the gentle Kansas cyclones and is sub state for his information a circumstance which may have possibly ject to the other unfavorable influences of the weather, which escaped his attention. affects buildings in that State perhaps more rapidly than in any It is a fact that these abandoned military reservations have been other. The buildings are now in bad repair. Either Congress given to the States for educational purposes for a long time. ought to vote down this proposition and let the property be dis Many of them have been exceedingly valuable. A most valuable posed of undertheMcRae Act or elsethe grant to the State ought one in the State of Louisiana was given to the agricultural college to be made as here proposed. of that State in 1886, and the possession of it by the State has been Mr. UNDERWOOD. What does the Government pay the In of immense benefit to our people. Upon that reservation when it dians for the land? was turned over to our State were buildings worth at least $75,000. Mr. LACEY. This is an old reservation which was occupied There was a tract of desirable land containing about 210 acres. for years as a military reservation. The people of Kansas and the But this was given to the people of the State bv the Government, Indians of Kansas are now all very peaceful. It is no longer of and is being used to the advantage of all of our people. any use as a military reservation and has been abandoned. In Boston, I remember, some years ago, the militaryreservation · ':Mr. CURTIS. I would like to make a statement for the benefit near that city, when it was abandoned, was given to the city sim of the gentleman from Alabama [Mr. UNDERWOOD]. The state ply for the purpose of using it for a park, and I am in favor of ment was made on the floor of the House that this land was not disposing of these reservations, abandoned as they have been, for worth exceeding seven or eight dollars an acre. It has generally educational purposes and the needs of the country. I ask the gen been considered worth four or five dollars an acre. As the gen tleman from Alabama, therefore, if, under the circumstances and tleman from Iowa [Mr. L A.CEY] bas said, a custodian has been in view of the fact that this is no new proposition, he will not placed in charge of this military reservation, and year after year withdraw his objection and at least allow a vote to be taken npon a bill is brought in here providing for its care. This property, the bill as it comes from the committee? if the proposed grant be made, will be used by the State for edu The SPEAKER. The trouble is that the gentleman has ob cational purposes. I hope the gentleman from Alabama will not jected, and the Chair has no discretion in the matter. object. Mr. REEDER. Let me say to the gentleman from Alabama ORDER OF BUSINESS, that this is semiarid land. The experiments by the agricultural Mr. :MAHON. Mr. Speaker, this being Friday, the day on college will be very much more valuable than any use to which which the Private Calendar is entitled to consideration, and there the land is now being put. The land, not arid, but semiarid, being on the Calendar a bill (H. R. 1900) which the Department could be purchased for five to seven dollars an acre. of State are very anxious to have considered, I think it would be Let me add for the information of the House that the buildings, a good thingfor the House to consider it and get it out of the road. forty in number, were abandoned sixteen years ago, after having I : want it considered in Committee of the Whole, because there been in use for some years. They are now being destroyed by the may be some amendments offered. I therefore move tbat the cattle that range over the land. They are not being properly House resolve itself into the Committee of the Whole for the pur cared for, and if present circmnstances continue will be in a few pose of considering House bill 1900, on the Private Calendar. yeru:g absolutely worthless. With proper repairs they can be used Mr. GIBSON. Why not all bills on the Private Calendar? !or educational purposes. Two colleges can be established there Mr. MAHON. We have not time to-day. 12~4 CONGRESSIONAL RECORD-HOUSE. JANUARY 26,
Mr. LOUD. I should like to ask the gentleman what House Iall the remaining part _of said ~emeterv lot now known as lot 16, in block 78, bill 1900 is? s~ll _vest a~olu_tely m the city o.f Rot Springs, Ark., for city park,.city ~mldmg, aud1tor1um, or other public purposes." Mr. MAHON. It is in regard to the cutting of the Manila cable. The amount involved is about $5,000. The SPEAKER. Is there any objection to the present consid Mr. RAY of New York. Is that the first bill on the Private eration of the bill? Calendar? Mr. PAYNE. Reserving the right to object, I would like to The SPEAKER. The Chair will state to the gentleman from a.sk the gentleman from Arkansas how much there is in this ceme P~nnsylva~a [Mr. MAHONl that the motion should be to go into tery granted to Hot Springs for the purposes of a park. the Committee of the Whole House to consider business on the Mr. LITT LE. I would state to the gentleman from New York Private Calendar. that the plat of ground referred to in this bill was originally an Mr. MAHON. Mr. Speaker, let me make a brief statement. old c~metery lot, being a piece of ground 310 feet by 260 feet sub The SPEAKER. -Is that the motion the gentleman makes? stant~ally, and b,Y t~e act of 1880 this plat of ground was ceded to Mr. MAHON. No; I should like to make a brief statement be- the c~ty of Hot ~p~ngs for a public park only, on condition that fore I make any motion. . the city. of Hot Sprm.gs remoye and reinte1 the dead at a place to The SPEAKER. The gentleman desires to make a brief state be provided by the city. This has been done. The necessity for ment. Without objection, he will be permitted to do so. this bill a.ri~s in this way: A bill providing for a public building Mr. RICHARDSON. I very much wish we could hear what is for Hot Sprmgs, passed at the last Congress, provided that it going on. should be located on the public reservation. The SPEAKER. The gentleman requests permission to make There.was one lot i~ contemplation formerly, but it was found a brief statement. He made a motion that the House go into the no~ fea~ible to locate it at that point. The city proposes now to Committee of the Whole to consider a particular bill on the Pri relmqmsh back to the Government the amount of land that the vate Calendar. The Chair holds that his motion must be that the Governmen~ desire~ for a :public building if the Government House resolve itself into the Committee of the Whole to consider would cede to th~ city the rig~t to :us~ this small piece which is bills on the Private Calendar. The gentleman now desires to make not. ceded fo~ a city park for said building, which I think is a very a brief statement, and that is th~ matter before the Honse. Is de~rr~ble thing. to do, both for t~e Government and the city. there objection? W:1t~m.a. block 18 the East Mountam Reservation, which is a park There was no objection. withm itself. Th~ agell:tof the Secretaryof the Interior, whowas Mr: MAHON. Mr. Speaker, this being the day set apart by sent do~n. t? examme this property, was v(lry much impressed with unanimous consent for the purpose of eulogies on the late Mr. the feas1b1l~ty of that. cou;i-se of action, and the bill is really intro HOBART, the Vice-President, it is very evident that under that duced and If passed it will be upon the recommendation of the special order, which begins at 2 o'clock, it will be useless to take Secret:ary of the Interior. I would be very glad to read his state ment if the gentleman from New York desires have it read. np the P~vate Ca!en4:1ar ge~erally, becau~e it will be merely a to .Mr. PAYN~. Mr. Speaker, if I remember correctly, when the was!e ~f time.. This bill, whI_ch I ask unam~ous consent to bring up, 1s m relation to the cutting of the Mamla cable by Admiral bill to cede thIB cemetery to the city of Hot Springs was up before the House for consideration it was to be an absolute arant and Dewey, in Manila Harbor, after his famollS fight. The bill in its 0 present form involves about $5,000. after some discussion consent was given to amend it so that it The report will show that there was a long correspondence be shol?-ld 1?e deeded f?rpark purposes, and for park purposes only. tween the British ambassador and this Government and the first I thmk 1t was predicted at that time that in two years there would question related to damages, but that was settled between them be a deman<;} on the part of Hot Springs to have this land abso by an agreement between the two Governments that no damages ln~ly, a_nd It see~s the demand has come now. But it has come should be allowed for loss of business. But the British ambassa with a piece or a little reservation and benefit to the United States dor, Sir Julian Panncefote, requested that this Government pay and instead of u_sing a part of the large amount of the publi~ the actual expenses for the repairing of that cable. The Secretary !ands at Hot Spnngs ~or the purpose of the public building, as it of State has concurred in that, and the President has sent in a is to put a small portion of it back for use as a public building short message asking that this House make that appropriation. and the balance going to Hot Springs absolutely, I congratulate which will not exceed $5,000. Now, that is the statement of the the Holl:se and the ~nntry that the United States Government case. They are very anxious to get this bill out of the way before gets a httle somethmg out of this by reason of what occurred any further.complications grow out of it. It is immaterial to me years ago. I think I will not object. whether the House passes this bill or not, but I think the Honse . The SPEA!CER. Is there objection to the present considera should consider it. tion of ~he bill? f After a pause.] The Chair hears none. The SPEAKER. The Chair will remind the gentleman from 'Fhe bill was ord~red to be engrossed for a third reading; and Pennsylvania that when in Committee of the Whole House the bemg engrossed, it was accordingly read the third time and committee has the right to take up any particular bill. Doe~ the passed. ' gentleman renew his motion? On motion of Mr. LITTLE, a motion to reconsider the vote by Mr. MAHON. No, Mr. Speaker. I understand that the com which the bill was passed was laid on the table. mittee can take up any bill, but I now ask unanimous consent AUSTRALASIA .AND CHINA TELEGRAPH COMPANY. that this bill be considered in the Honse as in Committee of the Mr. MAHON. Mr. Speaker, I ask unanimous consent to call Whole. Then we will not go into Committee of the Whole. · up the bill H. R. 6909. The SPEAKER. The Chair would like to state to the gentle The Clerk read as follows: man from Pennsylvania that he promised to ;recognize the gen A bill (H. R. 6909) authorizing the Secretary of State to pay the claim of the tlem8:n from Arkansas [Mr. LITTLE] to make a request for Eastern ExteJ?.sion Australasia a.nd China Telegraph Company (Limited) for compensation on _accoun_t of expenses .incurred m repairing its ManiJ.a.. unammous consent; and as two or three recognitions have taken Hongkong. and Manila-9apiz C!lobles, which were cut by United States place on the left, the Chair would be glad to recognize the gentle forces du.rmg the war with Spalll. man from Arkansas first for a request, after which he will submit . Be it e™!cted, etc., That the ~cretary of State be, and he is hereby, author· the request of the gentleman from Pennsylvania. ize~ and directed to pay the claim of the Eastern Extension Australasia. and China ~elegrap~ !Comp_a~y (Limitecp .for compensation on account of ex CITY PARK IN HOT SPRINGS, ARK, pe~ses mcurred m rep&;Irmg its .Manila-Hongkong and .Manila-Capiz cables, wh1c~ were cut by Umte~ States forces during .the war with Spain; and a Mr. LITTLE. Mr. Speaker, I ask unanimous consent for the sufficient sum of moJ?.ey IS here_by appropriated, out of any money in the present consideration of the bill (H. R. 6073) to amend section 4 Treasury not otherWISe appropriated, to pay the claim. of the act of Congress approved June 16, 1880, granting to the city The SPEAKER. Is there objection to the present consideration of Hot Springs, Ark., certain lands as a city park, and for other of the bill? purposes. . Mr. RAY of New York. Mr. Speaker, I desire to call the atten The SPEAKER. The gentleman from Arkansas asks unani tion of the House to this bill and what is involved in it. I find mous consent for the present consideration of a bill which will the Secretary of State-- be reported by the Clerk. Mr. RIDGELY. I wish to reserve the right to object, if the The bill was read, as follows: gentleman from New York does not object, before discussion. , Be it enacted, etc., That section 4 of the act of Congress approved June 16 The SPEAKER. There is no reservation. If the gentleman 1880, granting to th~ city of Hot Springs, Ark., a parcel of land known as th~ ce1.1;1etery lot for a city park only, be amended so as to read as follows: · wants to object, he must be here to object. That whene.verthe.city !lf Hot.Springs, -:A-rk., shall relinquish to the United . ~r. I_tAYof.New York. ~ w~s making this statement as pre State~ of America all its right, ti.tle, and mterest in and to the following hmma1y, possibly, to an obJection. I suppose I am speaking by ~escr1bed lo~ or p~rcel of land, bemg a part of said cemetery lot, but which the grace of the House. Of course I only want to find what we IS .now descn~d m the plats and surveys of said city as lot 16, block 78, to wit: Commenc.mg at the sou~hwest corner of the said city park, in block 78 are desired to consent to. The Secretary of State says: of th~ Hot Sprmgs Reservation, and formerly known as cemetery lot, and It 'Yill be seen from the pa:pers that no formal claim in behalf of the com runmng thence easterly along the north line of Benton street 150 feet· thence pany ?-8 presented by Her MaJesty's Government, but that that Government northerly 235 teat to a point on the north line of said park 150 feet e~terly of submits whether, as an act of grace, some pecuniary compensation may not the northwest corne~ thereo!; thence to said northeast corner; thence along be_granted to the company for the loss which it alleges to have suffered in the west boundary line of said -park 262{11 feet to the point of beginning the this regard. same bein~ a part of said lot 16, m block 78 aforesaid, which is here by reserved by the Umted States as a site for the public building provided for by act of Then this whole matter involved in this claim was referred to Congress approved .March 2. 1899, the right and title of the United States to the Attorney-General of the United States; and after he had 1900. CONGRESSIONAL RECORD-HOUSE. 1225 reviewed the whole matter, in a letter under date of February 1, which were cut by United States forces during the war with Spa.in; and a. sufficient sum of money is hereby appropriated, out of any money in the 1899, he concludes with this statement: Treasury not otherwise appropriated, to pay the claim. I am of opinion, therefore, that, upon the law of the case, there is no ground for the claim of indemnity. Mr. BARTLETT. I should like fo hear.the report of the com mittee. Now, when we look at this bill I find that the Secretary of State The CHAIRMAN. The bill is open for debate. The gentleman is directed to pay the claim of the Eastern Extension Australasia from Pennsylvania [Mr. MAHON] is entitled to the floor. · and China Telegraph Company, Limited. And thereis no amount Mr. MAHON. In the first place, there is an amendment I desire named in this bill whatever. to offer-to insert, at the end of line 11, these words: Mr. MAHON. There is $5,000 in the amendment which the committee propose. . .Provided, That said sum shall not exceed the sum of $5,
States used this cable or not, they used it as they nse all other a.re no funds at the disposition of the President without the consent of Con gress of making such payment. cables and all other telegraph lines, paying certain fixed rates and But, in view of a.11 the circumstances of the case, as a matter of equity and receiving in return a dollar's worth of service for every dollar comity, the President is inclined to consider the question of reimbursement paid; so that that does not come into this case at all. The Gov to that company of its actual expenses incurred m the r~air of its cable t-0 ernment was simply paying for valuable services rendered. Hongkong after it was cat by the military officers of the United States. I a.Ill, my dear .Mr. Tower, very faithfully, yours, When this claim was made it was presented to the proper legal JOHN HAY. depa1·tment of the British Government, and Sir R. T. Reid, .Mr. REGINALD TOWER, etc.
Queen's counsel and member of Parliament, and Mr. Henry Sut Now, in pursuance of that letter1 and of this agreement which ton prepared an opinion in which they distinctly held that under they were trying to reach, the President addressed this message international law, the United States not being at war with Eng to the Senate and the House; land, and the United States having taken the property of another To the Senate and House of R epi·esentatives: nation and destroyed it for military purposes, under their view of I transmit herewith a report from the Secretary of State, with accompany the law governing international relations, the Government of the ing papers, with reference to tho claim of the Eastern Extension Australasia and China Telegraph Compan¥, Limited, for compensation on account of ex United States was not only responsible for the expense of repair penses incurred in repairing its :Manila-Hongkong and :Manila.-Capiz cables, ing this cable, but responsible for the damages incurred by this which we1·e cut by United States forces during the war with Spain. company, running into the thousands of dollars, by reason of the I recommend that as an act of equity a.nd comity provision be made bv the nonuse of the cable. The account and this opinion were submit Congress for reimbursement to the company of the actual expenses incnrred by it in the repair of the cables. ted to the State Department of the United States by the British WILLIAM McKINLEY. ambassador. Mr. Hay, the Secretary of State, transmitted it to EXl':CUTIVE MANSION, the Attorney-General, the law officer of the United States. He Washington, January 16, 1900. refutes the position taken by the British Government as to the Mr. MAHON. Now I will answer the question of the gentle liability of the United States Government. man . Mr. UNDERWOOD. Will the gentleman allow me? Do I un .Mr. MOODY of Massachusetts: Mr. Chairman-- derstand him to say that the Attorney-General of the United Mr. MAHON. I promised to yield to the gentleman from Mis States holds that this Government is not liable for the damage souri first, and then 1 will yield to the gentleman from Massachu done? setts. Mr. MAHON. Yes. Mr. LLOYD. The question I asked was this: On what ground Mr. UNDERWOOD. Notlegallyliable? do they base a claim that the United States Government should Mr. :MAHON. There is his opinion. I will not read either that make this payment? or the opinion of the Queen's counsel. They simply say that un Mr. MAHON. Mr. Chairman, in answer to that, so that the der international law this Government is responsible, and this House may have the benefit of it as well as the gentleman, I will claim is pressed here by-the British Government for her subjects, have the Clerk read the chief points in the opinion of the Queen's under the law regulating international affairs. The Attorney counsel. That will be a complete answer to the gentleman's General, after writing a long opinion, which I have briefed here, question. concludes as follows: Mr. MOODY of Massachusetts. Mr. Chairman, I would like to I am of the opinion, therefore, that upon the la.w of the case there is no ask the gentleman from Pennsylvania if this is not the first of a ground for the claim of indemnity. series of like claims? Mr. MAHON. I think there is only one more, for a cable that Now1 here we have in dispute a claim of the subjects of another Government, presented by another Government, in which their is somewhere on the shores of Cubs., but I do not know where. highest law department insists that we are responsible under in Mr. MOODY of Massachusetts. That amounts to $40,000 as ternational law. This Government declares that that is not the against $5,000 in this case. law and that we are not responsible. After this case had reached Mr. MAHON. That bill is in my committee, and they have that point the British minister addressed this letter to the Secre accepted the same thing as in this bill-that is, the actual expenses tary of State: of repairing and renewing the cable. They had damages in the [Unofficial.} bill, but that has been settled. BRIT.ISH EMBASSY, Washington,, March 13, 1899. Mr. MOODY of Massachusetts. Mr. Chairman, if the gentle-
DEA-R M.R. HAY: Referring to our conversation on Thursday last respect man is through1 I want to say a few words. ing the right to comP,ensation for the catting of submarine telegraphic cables The CHAIRMAN. The Clerk will read. in time or war, I write to express the hope that, in the absence of any posi tive rule of international law governing the subject, the claim to compensa The Clerk read as follows: tion by the owners of a cable in respect of injury to their property by a OPINION OF SIR ROBERT T. REID, Q. C., M. P., A.ND MR. HENRY SUTTON. belligerent under circumstances involving no blame on their part will be The rule usually acted upon is that neutral pror-erty permanently situated recognized by your Government, from an equitable point of view at least, to in belligerent territory must take its chance in war in common with the the following extent: property of the belligerent. In the opinion of my Government it would be reasonable that a rule should But we think that when the property in question has an international be established that under such circumstances compensation should be made character (as all submarine cables have, especially where, as in the present to the extent of the actual cost of repairs. case, they form links in a wider system) the rule above mentioned ought not I am desired by Lord Salisbury to submit that view to the favorable con to be ap:plied, and it has not in fact been applied in any case known to us. sideration of your Government, and in that connection to support unofficially We consider that it is consistent with international usage as well as equi the claim of the Eastern Extension Telegraph Company on account of the table in itself tha.t the claim of this company should be entertained unless cutting of their Hongkong-M.anila and :Manil.a-Capiz cables to the extent of there a.re circumstances either in the relations between the Spanish Govern repairs rendered necessary by that act. ment and the company or in the actual conduct of the cotnpany's representa I trust tha.t your Government will be disposed to entertain this claim. tives sufficient to deprive it of the benefit of a neutral character. apart from strictly legal consideration, and in fa.ct to adopt the equitable rule It is worthy of note in this connection tha.t the whole utility of the cable suggested by my Government in such cases. over, it may be, very many miles is as much destroyed by cutting it within I remain, with great regard, yours, very tijffLIAN p AUNCEFOTE. territorial waters as by cutting it on the high seas. which last act would undoubtedly entitle its owners to compensation. This consideration confirms and illustrates the international character Mr. .LLOYD. In that connection I wish to ask this question: which we have already-said belongs in some degree to a submarine cable. On what ground does the English Government base its claim It remains to be considered whether the pri.ma facie right to compensation is in the circumstances of this case affected by reason of the relations exist that this should be paid by the United States Government? ing between the Spanish Government and the company at the outbreak of Mr. MAHON. Well, I would have to read the opinion quoted the war, or subsequently- thereto, by the conduct of the company's repre here. sentative. The relations between the company and the Spanish Government depend :Mr. LLOYD. Is it not based on this ground-- upon the terms of the concession. These terms do not appear to us to be Mr. MAHON. You will find it on page 5 of the report. unreasonable in themselves, either for the Spanish Government to impose or Mr. LLOYD. Is it not based on this ground, that because we for the company to accept, and are nothing more than the occasion upon which they were agreed to reasonably demanded. obtained the Philippine Islands from the Spanish Government As regards the conduct of the company's representatives, they w er e pre we succeed to certain liabilities-- vented by Spanish officers from entering into relations wit h the Umted Mr. MAHON. I shall conclude my statement in a few mo States Admiral, and wha.t was done under coercion can not be r egarded as unfriendly, and though they might have allowed the Unit ed States Admiral ments, and if the gentleman will just wait, I will answer his to use their cable instead of preventing him by sealing the Hongkong end, question. there is no doubt that; had they allowed its use it would have been a com Now, Mr. Chairman, in reply to that, to get a settlement of plete departure from a neutral attitude, and would most likely have entailed min if the Spaniards had recovered the Philippines. this matter, that no future complications may arise1 this is the No indemnity was offered by the United States, and it is not, in our opin lette1· of the Secretary of State, addressed to Mr. Tower, who, I ion, a fair position to impose on a private co:wpany that they should be suppose is the secretary of legation: placed in a dilemma of being obliged to choose sides and expose themselves 1 to ruin if the belligerent of their choice proves to be the unsuccessful bel· DEPARTMENT OF ST.A.TE, Washington, July ta6, 1899. ligerent. MY DEAR :MR. TOWER: Referring to your note of the 15th of July and to There is nothing in all this to disentitle the company to compensation. other correspondence which I have had the honor of exchanging with you The only point which may be considered adverse to the claim of the com- and Sir Julian Pauncefote, I can only say, sofa.r as the legal aspects of the pany is as follows: · case a.re concerned,, that I am compelled to reiterate the opinion which I It appears to us tha.t the Spanish Government was in fact using this cable have heretofore mane known to yon of the law officers of the Government, for military purposes hostile t o the United States, and we think it is open to that the Government of the United States is not in any way bound to reim question whether that circumstance did not warrant it b eing cut without burse the British Eastern Extension Australasia. and China Telegraph Com compensation\ as a n ecessary act of war, not because of the misconduct of pany for dama~es and losses alleged to have been sustained in consequence of the company, out because of a military necessity. If this had b een ordinary the cutting of its cable during the w~r with Spain, and, furthermore, there property of neutrals, we think this point would have been fatal to this claimi 1900. · ·CONGRESSIONAL RECORD-HOUSE. 1227 but on the whole we consider that it does not apply to such property as this cable was cut. There is doubt that it cost at least $4,500 for re cable. And, further, it appears to us that the United States Admiral did not merely aim at preventing the use of the cable by the Spaniards, but also at pairs. There is no doubt that thepeoplewhoowned this property using it for himself. Under these circumstances we think that the claim for were neutrals and were in no way hostne to our Government compensation is legitimate and ought to be entertained. during that war. With respect to the loss of traffic, we do not consider that a claim can be Mr. BARTLETT. May I be pardoned to ask the gentleman a substantiated in respect of loss caused by the necessary disturbance of this as of other industrial pursuits in the time of war. The question as applied question in reference to this matter? to a cs.ble is of novel character and we can not say there is any precedent, Mr. MAHON. In a moment. but we think the proper conclusion is what we have stated. Mr. BARTLETT. I merely wish to ask a question right on · The proper course to J'.!Ursue in order to bring the company's claim before the Government of the United States will be for the company to prefer it that point. through the foreign office. Mr. MAHON. The next step is that the British Government has R. T. REID. presented this claim of her citizens through the proper govern HENRY SUTTON. mental channels of England. The opinions of this high law of N OVIDIBER 21, 1898. ficer, on account of his high position and great ability, must carry Mr. MAHON. That is the only answer I can make the gentle some weight. man. Now I will answer the gentleman from Massachusetts. Mr. LLOYD. I want to ask the gentleman one question in that Mr. MOODY of Massachusetts. Mr. Chairman, I have asked all connection. Why is it that this Congress should be governed by the questions I wish. I desire to be heard at the proper time. the opinions of Her Majesty's counsel rather than by the Attorney Mr. RAY of New York. Mr. Chairman, I desire to ask the General of the United States? gentleman from Pennsylvania if he will agree to this substitute? Mr. MAHON. Every gentleman ought to be controlled by the Mr. MAHON. I will yield to the gentleman. opinions of great legal men. I will come to that. Now, I say Mr. RAY of New York. I will read it. Amend the title so as this-- to read: "Authorizing the Secretary of State to reimburse the Mr. LLOYD. Mr. Chairman, I wish to say that I will stand up Eastern Extension Australasia and China Telegraph Company, for my own country. Limited, for expenses," striking out the words" compensation on Mr. MAHON. There is no doubt that the position taken by the account of," and striking out "pay the claim of;" and then have English Government, through its proper department, backed up the bill read this way: by the legal opinions of her legal representatives, is what I have That the Secretary of State be, and he is hereby, authorized and directed, as an act of grace and comity, to reimburse an amount not exceeding $4,500 stated. Counsel for the Queen says we are responsible, not only to the Eastern Extension Australasia and China Telegraph Company, Lim for the actual repair, but for the damages arising from loss of ited, for expenses incurred in repairing its Manila-Hongkong and Manila business. This claim was presented to this Government, backed Capiz cables, which were cut by United States forces during the war with Spa.in; and a sufficient sum of money, not exceeding $4,500, is hereby appro up by the authority of the British Government to present it, priated, out of any money in the Treasury not otherwise appropriated, to through the British ambassador. The Secretary of State very reimburse said company such expenses. properly presented this claim to the Attorney-General, who is the That would do away with an objection, as I think, which would law officer of this-Government. He reviewed all the facts, and establish a dangerous precedent and would recognize the bill as a from his standpoint he said there was no liability on the part of valid claim against the United States. this Government, either as to losses incurred or the expense of re 1\Ir. MAHON. Mr. Chairman, I anticipated this objection my pairing the cable. Here we have an issue between the two Gov self, and I have this amendment prepared, which I will offer at ernments and opposite opinions from law officers. the proper time, and that may answer the gentleman's purpose. Mr. DALZELL. I should like to make an observation just there. I intended at the proper time to amend, in line 4, by striking out If the gentleman is right, I should be disposed to vote against the " to pay the claim of" and insert in lieu thereof the word " reim payment of this claim, but I do not so understand it. I do not so burse;" and in lines 5 and 6 strike out the words "for compensa understand it. These gentlemen who render this opinion, which, tion" and insert in lieu thereof'' as an act of comity and grace;" in my judgment, is a very thin one, are not the counsel of the and after "expenses," in line 6, insert "not exceeding $4,500." British Government, but the counsel of this Australasia-China Then the gentleman from New York can amend the title, which Telegraph Company; and so far from making a claim against this ought to be amended accordingly. Government as a matter of right, the British ambassador trusts Mr. RAY of New York. Oh, no; you leave in also, in lines 10 that our Government will be disposed to entertain this claim apart and 11, "to pay the claim;" and you leave in "compensation on from strictly legal considerations and to adopt the equitable rule accountof," recognizing it, in fact, as a claim. I think, perhaps, suggested by the Government in such cases. Now, if this were a you intendedall right. claim pnt on the ground of right, I should vote against it. If it , Mr. RICHARDSON. Better agree with thine adversary while is on the other ground, I should be disposed to favor it. he is in the way. Mr. RAY of New York. I call the attention of my friend to Mr. RAY of New York. That would carry out the idea of the the letter of the Secretary of State on that subject. President and of the Secretary of State, that it would be an act of Mr. DALZELL. And, furthermore, as my colleague [Mr. RA.Y grace. of New York] suggests in this connection, the Secretary of State Mr. MAHON. I have no objection, Mr. Speaker, to the substi says to the President: tute if the gentleman will offer it. It will be seen from the papers that no formal claim in behalf of the com pany is presented by Hor Majesty's Government, but that that Government Mr. :MOODY of Massachusetts. I would like to ask the gentle submits whether, a..s an act of grace, some pecuniary compensation may not man from Pennsylvania if he would accept an amendment which be granted to the company for the loss which it alleges to have suffered in would provide that the British Government should pay the claims this regard. of American citizens against that Government "as an act of And, furthermore, the President of the United States, in his comity and grace?" message sending the papers to this House, says: Mr. MAHON. Oh, while I may be in sympathy with the gen I recommend that as an act of equity and comity provision be made by tleman's position, this would not be the place to put it. I do not the Congress for reimbursement to the company of the act ual expenses know whether there is anything in the claim. incurred by it in the repair of the cable. Mr. MOODY of Massachusetts. I do. The difficulty is, when So that I think the claim is really before the House upon the claims are presented to this Government, they are paid; but when ground of equity and not as a legal claim. presented to the Government of Her Britannic Majesty, they are Mr. MAHON. The gentleman from Pennsylvania [Mr. DA.Ir simply talked about for years, and I am not ready to stand here ZELL] will understand that I am not insisting that there is any and pay any of those claims until those that our own people have legal obligation on the part of the United States to pay either against that Government are considered as well. By and by I damages or the expenses incurred. I have not examined that will state what those claims are. part of it. This case, however, has come through the British l\Ir. MAHON. If the gentleman will carefully examine the pay ambassador, and has been sent here as stated. I do not know ment of claims and counterclaims between the United States and who Robert T. Reid is. Probably he is an ordinary counselor. the British Government, he will find that this Government has a The gentleman may be right about that. In looking over the long-barreled shotgun in its hands. This Government has always papers I supposed he was the legal adviser of that department of received millions of dollars more than we have paid to them, and the English Government. this Government always has been able and always will be able to Mr. RIDGELY. Do we understand that this claim has been make the British Government pay to her citizens what is legally submitted to our Attorney-General? due to them. Mr. MAHON. Yes. Mr. MOODY of Massachusetts. This Government does not al Mr. RIDGELY. And that he reports officially that we are not ways succeed in doing it. legally liable? Mr. MAHON. Perhaps not, in a few isolated cases. A great Mr. MAHON. He does. many gentlemen in this country think they have claims, when Mr. RICHARDSON. He says that we are not legally bound. they have no claim against any person. Mr. MAHON. Now, Mr. Chairman, as I was just going to state, Now, Mr. Chairman, I have presented this case, I think, as fully this claim is not presented here by the Committee on War Claims. as I need to, so that the House now thoroughly understands it, The committee have not so reported. They have offered no opin I am not going to weary the House with any long argument. ion, excepting the papers in the case, the opinion of the counsel Summarized briefly, there is no doubt about the fact that that for the claimant and the opinion of the Attorney-General of the 1228 CONGRESSIONAL RECORD-HOUSE. JANUARY 26,
United States against that legal position. Then they present, ment. For this reason when the proper time comes I shall offer further, the proposition made by the BTitish ambassador that the by way of amendment to the bill a proposition to this effect: . proper way to settle this case is to get away from all things like That the Secretary of State is hereby requested to furnish Congress with legal distinctions and settle it as a matter of comity and grace be full information as to the claims of citizens of the British Government tween these claimants and the Government of the United States. i~~ J~r~:~Fent and of citizens of the United States against the In pursuance of that I had an amendment prepared reciting that we do not pay this as a matter of legal right, but merely as a mat While I am willing to do equity toward the subjects of Her ter of comity and grace that ought always to exist between friendly Britannic Majesty, I want Her Britannic Majesty's Government powers. But the gentleman from New York [Mr. RAY] has of to do the same equity toward the citizens of the United States. I fered a substitute whiCh covers my amendment and makei;-i the represent a district in which many of the people are in constant bill still safer, and I am willing to accept that substitute. contact with_the authority of the British Government, exercised Mr. LLOYD. I wish to ask in this connection, suppose it had through the Dominion of Canada. The conduct of the Canadian occurred that in the conflict between the United States and Spain government for these many years toward those engaged in the the Philippine Islands had not come under the protectorate of the American deep-sea fisheries is not pleasant to contemplate. It United States. Does the gentleman then hold that either in law does not tend to increase the international good will which- I or in equity we would be responsible for damages for acts which should be glad to see. When I spoke of this matter before, some, were committed as an incident to military operations? gentlemen asked me what case I had in mind. Mr. MAHON. I do not insist that this claim now stands on I will state one of ml.ny, and one only. A man who by many any legal obligation to pay it. years of toil upon the sea bad gathered togethermoneyenough to Mr. LLOYD. Would -yon say that it stood as an equitable own a little vessel of his own was fishing some years ago off the claim under those circumstances? coast of Nova Scotia;, more than 6 miles from any part of the main Mr. MAHON. Always, if there is any equity in it. land. He was fishing upon the high seas, upon God's highway, Mr. LLOYD. I should like to call attention, then, to the second where American citizens have the same right as citiz·ens of Great opinion of Messrs. Reid and Sutton with reference to the liability Britain. Desiring to be within the law. he learned from one Cana on that account. dian cruiser that he was outside the 3-mile limit. Acting upon Mr. MAHON. Well, I have ignored their opinion and have ac that information, he surrounded a school of mackerel with a seine. cepted the opinion of the Attorney-General of the United States. After he had caught the fish and secured them in his seine, but Mr. LLOYD. Then you ignore the opinion of Mr. Sutton and before he had landed them upon the deck of his schooner, a second Mr. Reid when they say we should pay on account of the fact that Dominion cruiser came along and claimed that, although he had we obtained the Philippine Islands? caught the fish upon the high seas, yet while they were in his seine Mr. MAHON. I hope the gentleman will not make a speech in and before he had landed them upon the deck of his vessel, he had my time. If he will allow me, I will answer him. I am not drifted within the 3-mile limit and consequently within the juris pressing this bill on the legal opinion of l\Ir. Reid or Mr. Sutton. diction of the Dominion government. I can not press it as a legal obligation on this Government, be The owner of the American vessel protested and has always cause the Attorney-General of the United States has decided claimed that he was even at the .time of seizure upon the high against it, and in his opinion we all ought to acquiesce; but we seas and beyond British jurisdiction; but his vessel was seized, are presenting it on the ground that this was a neutral party; and condemned, and forfeited by a Canadian court, and the forfeiture the cable was cut as a military necessity; that the cable company was affirmed by the supreme court of the Dominion of Canada by suffered a great hardship and a great loss, and simply as a matter a majority of one of the judges. It was admitted by the Crown of comity existing between people who are friendly and as a mat that the fish were actually caught and secured in the seine upon ter of grace the Secretary of State and the President of the United the high seas, and the only claim upon which the forfeiture was States recommend that we pay this claim. based was that the mere drifting across the line with the fish in Mr. LLOYD. Then do you think it is the duty of the United the seine attached to the vessel was an offense against British law, States to pay all neutrals the damages that may come to them by Yet, drawing a line from headland to headland at that part of the reason of a war that may exist between nations? Nova Scotian coast, the point of seizure was 4i miles outside the Mr. MAHON. It would take too long to answer that question. line thus drawn, and very much more than that beyond any point l\Ir. LLOYD. That is the logical sequence of your reasoning. of the mainland of Nova Scotia. Mr. MAHON. How much time have I remaining? The only manner in which the jurisdiction of the Canadian The CHAIRMAN. The gentleman has twenty-seven minutes. court could be sustained was by measuring from an isolated ledge, Mr. MAHON. We have passed bills against this Government uninhabitable and without vegetation, over which the sea breaks to pay thousands of dollars where there was no legal obligation, in a high wind, and which projects from the bottom of the ocean. but simply as a matter of comity and grace. After a weary litigation the British Government offered to return Mr. RAY of New York. Do yon know of any case similar to the vessel to its owner, but upon the condition that costs should this? be paid, which were beyond his means and far exceeded the Mr. MAHON. No; I do not say that. Now, I yield ten minutes value of the vessel which had been left to decay and rot and to the gentleman from Massachusetts [Mr. MooDYl. go to ruin. This is the case of the Frederick Gerring, J1'., an Mr. MOODY of Massachusetts. I desire to call tlie attention of American fishing vessel, owned by an American citizen, Edward the committee to the fact that we are on this bill considering an Morris. Thus, not in time of war but in time of pea.ca the sav entirely new question. The rule of international law is well set ings of a lifetime, earned amid the perils of the sea, have been tled that if the property of a neutral is within the theater of mili swept away. That is the claim against the British Government tary operations it must take its chance of destruction by military for which the Senators from my State and I have been haunting operations, and for that destruction the owner has no lawful claim the chamber of the Secretary of State for years past. Before we against the belligerent government. I do not understand that the sit here to do an act of grace to subjects of Great Britain, we gentleman from Pennsylvania disputes that proposition, On the ought in justice to our own people to compel Great Britain to do other hand, he affirms it. equity by us. [Loud applause.] The cable of the claimant was cut by the orders of Admiral I hope that the substitute that I offer will be adopted by this Dewey in the course of his naval operations. We are asked to pay committee. 1 hope that we shall proceed in this matter deliber as a matter of equity-I am not sure we ought not to pay it-a ately; that weshall find out what we owe in equity to the citizens claim of the owner of the cable, based upon the opinion of its own of Great Britain and pay them, and find out at the same time counsel, who himself says that "the question is of a novel char what Great Britain owes to our_citizens and compel her to pay acter and we can not say that there is any precedent for it." On them. [Loud applause.] the other hand, the Attorney-General of the United States is of the Mr. MAHON. I now yield eight minutes to the gentleman opinion that the claim is groundless in law. This claim will be fol from Pennsylvania. · · lowed by others of the same character. Everybody who remem Mr. ADAMS. Mr. Chairman, as this proposition comes to the bershow every day the press contained accounts of some new cable House from the State Department, it comes in a very simple form. cutting operation by our Navy along the shores of Cuba during It is not embarrassed by any relation to the opinion of those Eng the late war understands very well that when we begin by paying lish counselors. It does not undertake to set aside the opinion one of these claims we shall have to pay them all. I noticed yes of the Attorney-General of the United States, whose opinion would terday that the President sent to Congress a recommendation that be binding upon the State Department in any question. It comes we pay the claim of some company whose cable was cut upon the from that Department of Government which is intrusted with shores of Cuba, the claim amounting to between £800 and £900- our foreign affairs and with relations existing between this and a grnat deal larger claim than this. other countries. It furthermore comes from a still higher au Now, I think, if we are going to undertake to make compensa thority, from the Executive Officer of our Government, the Presi tion-and 1 again say I am not sure we ought not to do so in view of dent of the United States. all the international circumstances which have existed during the Neither of these departments of the Government ask for the past two years-we ought to do so deliberately. Weoughttofind payment of any legal claim or for the recognition of any legal out what the cases are and how many there are. We ought to liability on the part of this Government. On the contrary, it is have the fullest information on the subject from the State Depart:- specially excluded, and it is asked to be done as an act of grace 1900. CONGRESSIONAL RECORD-HOUSE. 1229.
between this country and the inhabitants of Great Britain. The the island of Luzon, entirely within the Kingdom of Spain, and ouestion of liability incurred on cables is a new one in interna Hongkong, which was within the jurisdiction of Great Britain or tional law, and there has been no ruling to amount to anything China. I take it Spain had nothing to do with the line, except as on that question so far. Therefore, it is a delicate subject for she had granted the privilege to this company to land the cable. any government to commit itself upon, and it should be proceeded I understand that the Government of Spain had no ownership in with very slowly. the line. Is that true? I think the amendment, or substitute, offered by the gentleman Mr. MAHON. I so understand. from New York makes it very plain that this is nothing but an Mr. RAY of New York. Therefore we have a claim made by act of grace on matters arising between the two countries and citizens of China and of Great Britain for damage to their prop will not tend to establish any precedent, which the gentleman erty done by the Government of the United States in the prosecu from Massachusetts seems to fear. Any country that performs tion of the war. This property damaged was not entirely situate any act of grace in so doing distinctly states it is purely an within Spanish territory, within the theater of military opera act of grace and comity between the nations, which precludes tions, and it was notexclusivelyunder theSpanishfl.ag. It seems it from ever being quoted as a precedent for cases that may come to me, Mr. Chairman, that there is a great deal that may be said afterwards. I have full sympathy with what the gentleman from in favor of the enactment of this measure into law. It seems to Massachusetts says, that our Government should insist upon the me that it would be wise and just to recognize this claim, as the collection of every claim due us from Great Britain, but I would President of the United States has done by recommending, as an submit to the fair judgment of this House if a good way to do that act of grace, simply and purely, recognizing the rights of these is not to show that we are willing to be fair with claims coming citizens, that we make some compensation. from our own StateDepartment,. indorsed by the Executive, and And it seems to me, furthermore, that there is a great deal of that they should be granted an appropriation for this act of com wisdom in the proposition of the gentleman from Massachusetts ity? Let us set an example as to the way our Government seems fMr. MOODY], which is that before enacting any measure of this desirous of doing, and they may follow it. :kind into iaw we ask the Secretary of State to furnish us with a Mr. MOODY of Massachusetts. But they do not follow, Mr. list of all claims of this character that have been brought to the Chairman. We keep setting an example, and they keep refusing attention of the Government of the United States; that he give to follow it. us the history of the circumstances connected with the damage Mr. ADAMS. That is a statement that the gentleman might done by our Government or military forces to all of these cable not be able to sustain with facts. He has referred to the fishery lines connected with Cuba and Puerto Rico, Luzon, and any other question, which is one that has involved a long consultation be point where we may have had occasion to interfere with these tween this country and Great Brirain. It is not only limited great means of international communication, these cable lines. there, but it is also a dispute in regard to France. The gentleman I take it that we could notfindaprecedentanywherethatwould has touched upon a question that is very open and debatable, sustain us either in refusing to paysuchaclaimor in paying it, and and however much there may be in individual cases that exist it is a matter that will involve the payment, I think, before we get that would appeal to our sympathies, still it is not fair to bring through with the subject, of at least a million dollars; that is the up a question that has been long debated and never finally settled way I understand the matter. I understand that one claim, aside as a set-off to a claim which the Executive of our Government from this one, has already been presented to the Government of and the State Department, which is intrusted with this particular the United States which involves in the neighborhood of half a phase of our Government, comes and asks the Congress of the million dollars. United States to grant. Now, Mr. Chairman, I would say, with all respect to the chair Fmthermore, the ambassador of Great Britain, in his communi man of the committee who reported this claim-and I notice that cation to the State Department, distinctly makes no claim. He he wrote the report himself-that it seems to me this bill had asks it as an act of comity and equity, and the word equityin this better lie by and be withdrawn from the consideration of the com connection must not be confounded with the word equity in law. mittee until some future occasion, and that an inquiry be made It simply means equity as justice between two nations. There into all these claims, all the circumstances connected with them, fore we will establish no precedent, and when that Department to and that this committee having the subject in charge give it most which our foreign relations is intrusted-the State Department, careful attention, examine the legal propositions connected with and further indorsed and supported by the Executive of our coun it, examine the precedents relating to the subject, and make a try, the President-asks the House as an act of comity and justice full report to this House that will inform us just where we stand between two nations to grant a small sum of $5,000, I think it in other words, so that when we com~to consider this subject we would ill-befit us not to respond to the Executive in that particu may know " .where we are at." I understand, of course, that this lar, in order that we may show our good will and feeling in this is a very small matter-- matter, and set an example to other nations, which we have been Mr. MAHON. I ask the gentleman to yield to me now to make doing lately in such a high degree on other matters as to prove that a motion that the committee rise. we stand ready to repair any act we have done that can not be sus Mr. RAY of New York. I will yield, Mr. Chairman, with the tained with established precedent and fullest right of interna understanding that I have the floor when this matter comes up tional law. again. Mr. MAHON. As I before stated, I have no intention of press And then, on motion of Mr. MAHON, the committee rose; and Mr. ing a vote on this bill. I think it ought to be discussed. I now PAYNE having taken the chair as Speaker pro tempore, Mr. STEELE, want to reserve the balance of my time for the future. Chairman of the eommittee of the Whole Honse on the Private The CHAIRMAN. The gentleman has twelve minutes remain Calendar, reported that that committee had had under considera ing. The gentleman from New York is recognized. tion the bill (H. R. 6909) authorizing the Secretary of State to pay :Mr. MAHON. As there does not appear to be any opposition to the claim of the Eastern Extension Australasia and China Tele the bill, I suppose the gentleman will be recognized in his own graph Company, Limited, and had come to no resolution thereon. time. EULOGIES ON THE LATE VICE-PRESIDENT HOBART. Mr. RAY of NewYork. I asktoberecognizedin myowntime. The SPEAKER pro tempore. The gentleman from New Jersey Now, Mr. Chairman, I am not exactly in sympathywithall that [Mr. GARDNER] offers the resolutions which the Clerk will report. might be said in opposition to the action of the English Govern The Clerk read as follows: ment in regard to this claim, or with all that has been said on that Resolved, That the House has received with~rofound sorrow the intelli subject by the gentleman from Massa~husetts. Englishmen move §t~:s~f the death of GARRET A. HOBART, late ice-President of the United slowly always. ln the war in South Africa we have an exem Resolved, That the business of the House be suspended in order that the plification of that fact, for they are now moving with exceed public services and private virtues of the deceased may be appropriately ing deliberation to the relief of Ladysmith. And if they are act commemorated. ing with deliberation there, what can we expect in the matter of Resolved, That the Clerk of the House be directed to communicate these claims for the compensation of American citizens? I think, as a resolutions to the Senate. rule, Englishmen and the English Government endeavor to be just (Mr. GARDNER of New Jersey addressed the House. See in thefr dealings with the United States and with the citizens of Appendix.) the United States. Mr. STEWART of New Jersey. Mr. Speaker, I will occupy the What the facts arein relation to the claim to which the gentle attention of the House but a very few minutes. man from Massachusetts [.Mr. MOODY] has called attention I do Vice-President HOBART is dead. The nation was profoundly not know, but if there is justice in the claim I have no doubt that startled at the sad announcement. When we last saw him he justice will be done in due time. As this bill originally came be was apparently in robust and vigorous health; but the black-robed !ore the House for consideration this morning I was opposed to it messenger of death beckoned from the hilltops, and he followed m almost every feature, because it recognized a claim of this com with the dying to an eternal rest. I knew him well. . I attended pany and a liability to pay that claim, and thereby to establish a his marriage to one of the most delightful young women in our most dangerous precedent. We have ·here the case of a foreign community. Now she is his sorrow-laden widow, cloistered in company, or, I assume, a foreign corporation, composed entirely gloom and loneliness. of citizens of China and citizens of Great Britain. When the war His administration was unique, and the unusual friendship ex with Spain broke out they were the owners of a cable line between isting between the dead Vice-President and our distinguished CONGRESSIONAL RECORD-HOUSE. JANUARY 26,
Ei'esident was.of the·tenderest kind, and gave him personally and dent, and he who received the:- s.econd, greatest was chosen Vice officially a dignity and importance herebefore lacking, and raised President. Under this_provision John Adams and Thomas Jef the office-of Vice-President from one· of perfunctory faculty to an ferson were each chosen. Vice-Preeident and each succeeded by exalted power. In early life he gave emphatic promise of futura election t? the Presidential office, .the· Pre~ident with whom they wealth and greatness. had prev10usly been. chosen as Vice-1?res1dent. In like manner Our deeds do follow us from a.far; at a later period .l'ifartin Van Buren also succeeded the President And what we have been makeaus what we are. under. whom he- had served as Vice-President This method of He possessed greater business capacity and executive ability selection was-changed by the amendment of 1804, owing to an un than any man I ever knew~ He foved wealth and power., and.dis fortunate complication which arose under the old system. But pensed both liberally. As the great poet-says: the reason still existed why a candidate for the Vice-Presidency The time of.life is short; should be mall res1>ects eq_nal to the· emergency should he suc- To spend it basely were-too long. ceed. to the Presidency. - His-neighbors and friends best Kn.ow how hia shortened time of Since the change in the constitutional method of selection.Jess life was spent. Midas-like, everything he-touched1 turned to gold, care has- been-taken, as-a general rule, in the-selection of the Vice and his genial, robust, and' cheerfur appearance loaded Irim down President. Frequently the.question of fitness has been sacrificed with preferment and power. But' it is not to the dead our words to that of_ availability. After hot and bitter strife within the should be alone- or particularly addressed, but to the widowed party-theeVice-Presid .ency has sometimes been thrown as a mat wife and son who must carry this burden of sorrow throughout a ter of consola-tion to appease-a: dis:appointed and defeated faction. lifetime. To this grand' wicfowand• stricken boy Tut our hearts The President always represents the' predominant thou(J'ht and go out with tenderness, sympathy, and love, and' appeal to -the principles of his party; his-possible successor should be ch~sen for Almighty, who ill especially the widows' God, to strengthen her the same reason. He ought not to be the exponent of the tenden in her loneliness for all struggies- to come; and when she ap cies of the minority. His selection ought not to be the result of proaches the eternal throne may she bid a fond adieu to tills a desire simply to gain more-vote& for the ticket. world to embrace her beloved husband in the life everlasting. GARRET_ A. HOBART did much to_ restore the office to its old Tu. this life there- is a continual parting-by death, marriagH, time dignity and.rank. No one who knew hlm. well doubted his absence; aHare profoundly sad; but-death is saddest, forit is for fitness an~ ability to fill with ho?or to. himself and to the lasting life. How·patheticrdoes our own great-poet-sing of thi.&sad_truth: glory ofi his country the pJa.ce eflt& Chief ExecutiveJ Ke had the ~bility! the ~ct, tnastatesmanship to take~ high'place in the long All are scattered.now and fled, Some are married, some are dead; Ima of illnstr10us men whu have served their.. co_nntry-in. the great And when I ask, with throbs of pa.in- est office in all the world. ' 'Ah I when.shall they all meet again. Mr. HOBART, not officially, but bytheforceof his character .was As in the days long since gone by?" to The ancient timepiece made reply.: a part of the Administration. His counsels were listened bi the ".Forever-never; executive-chamber, and. his voice was heeded in legislative halls. Never-forever." May his successor be of the same high character and intellectual Never here-, forever there, endownment; amply qualified for all the emergencies which the Where all par~, pain, and care. Constitution has imposed upon the. office. And death, and time shall disappea:c, GARRET A. Hon.A.RT exemplified the typical life of a successful Forever there, but never here, The horologe of eternity American boy. He- worked his way through college and won the Sayetldhis incessantly, right to practice in the courts of his State by dint of hard work "Forever--never; and on the meag~:r pay as a. teacher in the public schools. The Never-forever." school teacher became a,.lawyen_ at the a.ge of 25, and this was the Soorr as age greets us we have- more friends in eternity-than beginning of his success, culminating in the Vice-Presidency at here; and when we are required to depart, death'& journeyis mads the age of 53J While engage_d in an. acfue and exacting profes easier by this- thought. God grant we may all view-life a& a very sion, he found time to enter into the councils of his party and transient- state and always: regard the star of eternity as soon to perform_ all th~ .duties of an Am~rican citizen. Courage, com surround ua ini its effulgent rays. mon sense, ability, and.. persevermg work broug.lit success in ev01·y sphere of his-usefulness. Responsibilities multiplied upon Mr. PAYNE. Mr. S:peaker, my·acquaintance with GARRET A. him, but, lik&e-very busy man, he found. time for all. HOB.A.RT" begarr orr the· day he was nominated to the-office of Vice No interestintrnsted to his carewas everneglected. His fellow President at St. Louis. His-quiet, cordial, winsome greeting when citizens honored. him and he honored. them in the faithful and con I first met him lingered in my memory long after an acquaintance spicuous-discharge of private and official duties. He was succes had ripened into a lasting friendship. I desire to add my testi sively presiding officer of each branch. of the legislature of his mony to those noble qualities of head and heart that characterized own.State. His advice was eagerly sought by clients and party our late Vice-President. managers. And with all the burden of responsibility he found In· our system of government the Vice-President. occupies- an time for'hiasocia.l dntie_.s, his family, and his church. ffe passed anomalous and ofttimes uncomfortable position. His is an office of away in the ripe maturity of his powers, seemingly in the day of high rank, carrying with it the greatest possibilities of political hi& greatest possibilities-and power., yet. it was the close of a life heirship and yet bringing little power or responsibility. ffe is the abounding in influence-and full of honorable achievements. presiding officer of the Senate, and is·chosen for that august body As presiding officer of the_ Senate., he has hacifew equals and no and not by them. He has the right to vote only in case of a tie; he superio1·. He seldom left the chair during the session of the Sen rarely has an opportunity to exercise this· right while he presides ate, was alwaysc fully informed as to the progress of business, over the deliberations of the Senate. In exercising the preroga never shirked.the responsibility of a. decision~ was ever courteous, tives- of a presiding officer he can never be a potent :factor, but is tactful, and ready, and with all just and honest. He was re alway th.a ser:vant-of. the: Senate~ spected by political friend and foe alike. It is to be regretted that in our political system more important In these few words, Mr. Speaker,. I hava sought, as it were, to duties and greater responsibility could not have been imposed place a. single flower on the grave of GARRET A. HOBART. His upon an office of such high rank. The duties of the office should life work, how worthily and well done, the whole nation bears have-been in keeping with its great possibilities. In case of a witness. His- days were full of usefulness and crowned with vacancy, he is the constitutional successor of the highest officer honor. His last victory was ms best; it was the victory of the in our system. Only a single life stands between him and the Christia~s faith. As he calmly bade his family farewell, and Pre.sidency. While he is clothed with the high rank and dignity with courage tm'lled to meet_ the great destroyer, it was with the of presiding over one coordinate branch of Congress, he is shorn calm.confidence in a new life, unnumbered by the years. His death of responsibility and power. He has no place in the Cabinet was the crowning triumph of his successful life., Verily," His counsels of the Executive. He can not raise his voice in debate works do follow him." · in the Senate; he can not vote on the questions; great or small, that come before that body unless the Senators happen to I>e Mr. DALZELL. Mr. Speaker, since I have been a member of equally divided. He has no influence there or elsewhere, except this Honse I have very seldom taken any part in suchexercises as that which comes from his own personality; scarcely more than engage mm attention to-day. I have. never felt that it was my he would exercise as a. pr.bate. citizen. Often hi& position is duty to speak when speech would necessarily be only perfunctory. scarcely more enviable than that of the heir apparent to a.. Euro- I have felt that the language of eulogy is too often the language pean throne. of exti·a-vagance, and.that this. is the more apt to oe so when it is In the-early. days of the Republic great care was ta.ken in the the result of a seeming regard for the demands of propriety than_ selection of candidates for this office. The fact that this officel.' when.it-is-an answer to the promptings of an aJrr>reciative regard. was the constitutional successor to the Presidency whenever a.. Pro~riety suggest& that we should :uut upon record our estimate vacancyhappenedseemed to be the all-pervading infiuence·in the of the nation's loss sustained in the· death of the Vice-President; naming of the Vice-President. Down to 1804 the Constitution but if that were all that appealed to me to-day, I should remain distinctly recognized this principle. The electors voted for two silent and leave to others the duty of form.nlating that estimate. persons, The onareceivingthegreatest numberwaschosenPresi- I come to bring my humble tribute to the memory of GARRET 1900. CONGRESSIONAL RECORD-HOUSE. 1231
A. HOBART beca.nse of my personal esteem. for hi.~ because of my I·P~esident ae such. ~t the time. of this change in our system admiration of his career, and oecause rbeheve him.eta have been a tliere. were not wanting those who, measured by subsequ~t high type of Amecican manhood,.illuatrating.inhia-life. the splen- events:, ha"'.'e beerr I>Toven to be true prophets. . In the debat~ m did possibilities of American citizenship. · t?-e Hbuse m 1803 t;ipon the :proposed amendment to the Constitu-. .AJ5 may be said of many Americans-perhaps of. the most who t10n Mr. Roger Griswold said: are successful-he-was tlie architect of.fila own.fortune. And yet The President is elected for four years. He ma.~ die ~thin. that peri~d, We are not nrenared to say Of all WllO thus achieve SUCCeSS that he. ~y be ~oved from office, or he ~ybeC Oil!-e disqualified to perform Its . . ~ ~ · · · · th b 1...:-t;. duties. In either of these events the 1hce-PreSidentsucceeds to the power. th01r lives command our adID.ll'ation.. It. 1S . e means Y WilllaJ. Under the existing arrangement you will secnre1 as fur as human prudence the success is. atta.ined that challenges a place..m om: regarcf. can accomplishdt, the most em~ent- men ~or these two offi.c~ Each candi Mr HOBART had sterling qualities of character-indnstry , the_ date mnst he. voted !OJ! !1S: Pre~1dent, and if the electors fairly execute. tke. ' • • • .i:i.. •· x th t t 'that Constitutioni;heywill grrethe1rvotesforthosemen who are the bestqualifi~d love of work that brmgs experience, w..i.e; w:isuom a urns to-atlininister the Government. Thus unde:c: evei:y probable event you will experience to account in t1ie seizm;e and 1mproveme~ of op11ortu.- find one. of: the most" eminent" of- yuur citizens at the head of your Govern- nities; the ~esire · _to. excel ' that, fa1thfUlly pursued,. msm~e~ exe.el- m'k~t if the- amendment prevails; the case must be greatlychangf!d. The lence; the mtegr1ty and strery~~li of cn.aracter' the fixe~ness ?f man voted for as Vice-President will be selected without any decisive view· purpose, and the he.althy ambitwn that soone~ or later bvmg dis- tohisqua.lifications·toadministertheGovernment. The-offi.cewilligenerally tinction to their. possess.ox and'. maka IilirL a marked man among be- car~d into the market to b~ exersonal.interest inand sympathy with the ~all or hlS f~lluws; for with ~i~ private· interest yielded to legislation. His: strong personality pervaded. th-a· Senate Cham public, and publm office was a. public "t!ust.. , . . ber. Hise clear- convictions,. his earnestness-, his. patriotism, made As the years went by the spher~ of h.IB ll;Sef~lne.ss a~d o_fJ l:h~ m- themselves felt upon his,associates ... H:e-w.a.s not-a lboker-on, b.ut fiuence gr_ew .. Ra became a le.adfyg man I~ his city, m · his neigh- an actor, an efficient instrument in the administration of govern borhood, m his.. State, ~d at . I~t:U?- the nation.. mental affairs. Unlike his prede.c.essor~ he did not stand apart He was th~ lawad..vIS~r of his city: Re w~s more than on-ce.a from responsibility; He Irad the confidence-of the President; he member of his. Sta~ legislaturer andrt.~_ spea~ He was for ID:X participated in the councils of the Cabinet; he helped to shape year~ a memb~ror hlS State sena~, ana ~ :u:resicient. He was tlie and. mold. policies-anddirect events. He ker?t.ahreast of: the: times nomm~e of his_ par.ty; for a seat _m.. tha United States Senate; __He . and had Providence. so decreed he:- could at any moment have ~ yice-President of the: ITn~ta.d States:. . fu all _ thes~.v~rwus taken·upthe task hadthe Pr.esidentbeencompelled tolayitdown. pos1tions of trust he so fiom_ hrms.elf that few could cnt1c1Se, no · rt wa8.J his fortune to live: in stirring: times; to r>articipate in one blame;. and an.must. pr.ais~.. . .. grave events. He beionged to an. Administration that will ma-rk He was a recogmze<;l _powerp1 hlB church~ Ha was, ben.evolent. a new epoch in American history and shape for good. or ill ou~ and b~neficent, . exercismg, an mfluence for:gooil:- among . ?i~h and. future destiny. Of that Administration he was a part. Toward low, nch and poor, to the remotest places to which that.fuflnel!ce the shaping of that destiny he contributed his share.of counsel and reached.: And how many th?se places were only those can ten. to control. He magnified his office. He taught the people to esti whoi;n his departure came with a; sense of.nei:sonailoss. mate it asiha-estimated it; He taught us.a.lla.lesson.that I doubt It is not for,~ to penetrate the sacredpre.cmct~ and a~mpt to not will bring results.in.our future history. Herestored.the.Yimr measure the -void· made there wlie:ra-ha wa;s laved aruI Tovmg· lius- Presid~ncy to the .placa in our: system. that. it lield ill. tlm. system band and fatlier, counselor, and bosom frJ.encf. of the fathers• . ¥r. HOBART'S w.as a well~rounded c'!iaracter. Hew.as a well- .And:sow.hen deathclaimed.hlmalltlrepeople:moumed.hisloss. p01sed man; evenly <;Ievelope? on.. all. Sldes, rem~ably free: fr.om. They said of him as: we say of. him:: He was a; goQd man, a gnod.. faults, and ":'ell eq~ppe!f witli th~ everyday virtues that count citizen a loyal friend oux great Vice-Presid-ent for so much m makmg life liappy for those.around: us. . ' ' But it is the crowning glory ofi Mr. HoBART's fife and that which. Mr. BROSIUS1 .Mr; Speaker-- makes secure his place in history that during his incumbency of~ SU: Launcelot, there thou lyest; thou were-never-matched by none earthly" the Vice-Presidency of the United States he restorecito·tb:at office knight's hands; thoawere .the trnest-f:riend. to thy lover that.ever bestrode a. its. old-time dignity,: and Ii.onor. lie ga.ve totliis generation. a con~ hm'Se; thou were the- kindest man: that eve-r struck with a.sword.-LaMorte ception. of that offic.e whicli for many previous generati.uns had d'Arthur. faded from the minds of men. The Arabs had! a sa.ying. that- death is a camel that kneels at The framers of the Constitution.intended. tlia.ttlie qualifications. every man.'s door. Tlii.e expresse,s how common an event it is in for President and for Vice-President should be identical. Tu.as the providential order,. as common ancI familiar- as birth;- yet of much as upon the death of the President the Vice-President sue... all natural events-it. produces the most I>rofbund and lasting im . ceeds him, no reason appeared! to their min
President, in the essential elements of a well-organized being and memory will ever remain an inspiration to those who loved him the necessary excellencies of a character of the very first rank, living and mourn him dead. had few, if any, superiors. The high success he achieved, the The:e is a t:adition t~at among the Seneca Indians a singularly eminence he attained, the perfect character he formed, were not beautiful belief prevailed tha1' when a loved one died if they due to. any adventitious aids. Neither birth nor rank nor for caught a singing bird and, binding it with messages of lov~ and af tune smoothed his upward way to the clear-aired heights .he fection, released it over the grave of the departed, it would not fold reached and kept. True, he had.the good fortune to be born in a its wings nor close its eyes untlil it reached the spirit land and deliv country one of whose glories is that its social formation is not in ered the messages to the loved and lost. So may the friends who horizontal strata common in the Old World, through which few ~o~rn to-!1-ay bind with messages of love the b~rds that are sing ever pass from below upward, but is mobile as the sea, where the mg m their hearts songs of homage and affection, and, releasing lowest drop, winged with merit, may i·ise and glitter on the high them at the grave of the departed, may enjoy the solace of believ est wave that rolls. .All else was due to principles, qualities, and ing that they will not fold their wings u~til they reach the spirit forces which summed up a strong, interesting, and attractive land and deliver the messages to the loved and lost, personality. If the limits of the occasion permitted, we could easily name the Mr. RICHARDSON. Mr. Speaker, I did not have the good traits which were chief agencies in the development of his splendid_ fortune to enjoy a long and intimate acquaintance with the illus manhood. Honor, sympathy, courage, and duty were the precious trious man whose memory and deeds we honor here to-day. Death and conspicuous jewels in the crown of his superb character, and is a theme not lightly to be mentioned by those who are subject we may set them apart to-day and lift them over his new-made to its power; for the young may die, the old must die, and the grave as the golden texts in the lesson of his life, wisest of us know not how soon. In the prime of years, in the full Some one has said he had an unusual capacity for winning strength of manhood apparently,and with short notice, Vice-Presi affection. This was due to his deep human sympathy. He was dent HOBART was called hence. As already stated, my acquaint not deficient in imagination and could place himself in the posi ance with him being limited, I shall not attempt to speak at tion of others and realize their distresses and their needs. His length in respect to his private character and inner life. I leave kindness to every human creaturewasproverbial. Hewashappy these remarks to be made by those who knew him longer and more in promoting the comfort of those who served him. In his business intimately, We learn that he was born in New Jersey in 1844; career, which was a conspicuous success, his example if followed that he spent all the years of his busy life in that State; that in would cure two maladies said to afflict our time-the envious early manhood he followed the profession of school-teacher, and hatred of him who suffers want and the selfish forgetfulness of later became a lawyer, him who lives in affiuence. This problem can be solved by sym The first public office he held was that of attorney for the city pathy, love, and good will. of Paterson, where he resided, in 1871. That later he was counsel There is no sunshine like that of kindness to open those beauti of the board of freeholders of his county; that he was several ful flowers, sympathy, love, hope, and trust, which ought to bloom times chosen a member of the legislature of his State, serving in over the garden walls which separate the rich and the poor. Mr. both branches thereof, and filling the presidin~ officer's chair in HOBART was thoroughly imbued with that beautiful sentiment each body. Once when his party was in the mmority in the leg which holds the human family in the bonds of unity and love, islature he was voted for as its nominee for the United States "that we are children of the same Father, traveling toward the Senate. In 1896, at St. Louis, he was nominated for Vice-Presi same home, and hoping to sit down at last at the same banquet, dent, and was duly elected in November of that·year. The same and therefore we should love one another." month three years later he died. So many gods, so many creeds, During the comparatively brief time I have had the honor io So many ways so hard to find, occupy a seat in the House of Representatives I have witnessed When all this wicked world needs the death of two incumbents of the Vice-President's chair. The Is just the art of being kind. first was that of the highly favored son of Indiana, Hon. Thomas Our distinguished friend has been twice ennobled. Death and A. Hendricks. He died in November, 1885. While Vice-Presi duty ennoble all men. Devotion to duty was one of his charac dent HOBART had not figured or participated in the public affairs t.eristic traits. Her command to him a "Thus saith the Lord." of the nation at large so extensively as had Mr. Hendricks, yet in He was unremitting in his attention to his public engagements. the narrower field of his State politics he was idolized to the same His entire life exemplified the truth that the path of duty is the passionate extent. As there was nothing in the gift of the people upward way; that- of Indiana too good for Mr. Hendricks, so the people of New Jer sey felt that Mr. HOBART richly deserved their warmest affection Not once or twice in our fair land's story The path of duty was the way to glory. and most exalted honors. In my personal experience in public life I have met but few Our souls should bow before the temple that enshrines the men more easily approached and more civil and courteous in in divinity of duty. These superb characters are the rarest fruit of tercourse than was the late Vice-President. I recall well the first earth, and their surviving countrymen may well cherish the fine time I met him, shortly after he entered upon his duties as pre vintage of their example for their perpetual refreshment. siding officer of the Senate. The circumstances of our meeting The Vice-Presiclent, whom we mourn, was stricken in the midst made it necessary for me to speak to him without the formality of his usefulness from the highest public place save one in the of an introduction. I was immediately impressed with his mild · gift of the people, a position which, despite its elevation, he hon manner, his dignified and pleasing address and polite attention. ored more than it could honor him. The character and relative Gifted as he was in these respects, it is not singular or 8trang13 eminence of the office of Vice-President has been the subject of that he was personally popular and was held in such affectionate diverse comment for a hundred years, many people regarding it a.a regard by those who knew him best, quite subordinate in consequence and rank. The original consti He was blessed with a large estate, which he had amassed by an · tutional mode of selecting the President and Vice-President de active life and successful business methods and management. He noted the estimation in which the framers of the Constitution was enabled thereby to entertain, and he dispensed his hospitality held the Vice-Presidential office, and yet some of them and their in an almost lavish manner. This he did not for the mere sake contemporaries spoke slightingly of that office. John Adams said: of entertaining, but becauseof his generous and purely hospitable My country has in its wisdom contrived for us the most insignificant office nature and the disposition to give good cheer and contribute to that ever the invention of ma.n contrived or his imagination conceived. the comfort, happiness, and pleasure of those around him. He Thomas Jefferson said: was, nevertheless, a man of duty, and rarely failed of success in any It is the only office in the world about which I am unable to decide whether undertaking. This was because of his great energy, unflagging I had rather have it or not have it. industry, good judgment, earnest convictions, and sound common Whatever rank may have been assigned to it at different periods sense. As the presiding officer of the United States Senate he of our history, it is the glory of its last incumbent that he restored was unusually successful and popular. By many members of the Vice-Presidency to its true rank, redeemed it from any ob that body he was pronounced a model presiding officer. · scurity into which it may have fallen, rescued it from the insig It can be truly said of him that in all the circumstances and nificance'in which it came to be regarded by some, and established conditions of life in which he was placed he bore himself well, its title to the dignity and elevation appropriate to the second and did no act to provoke the unfriendly criticisms of partisan office in the gift of the American people. opponents or to mortify a friend. · I had the honor to attend his It is thus seen what a beautiful and instructive career has closed funeral services at his home, and I shall never forget the impres on earth. He did not live man's appointed time. The mysterious siveness of the scene there. It seemed that every man, woman, clock to which Dr. Holmes so beautifully refers, which the angel and child in his home city and, indeed, for miles around came to of life wound up to run three score years and ten, ran down be do him honor and pay a tribute of respect to his memory. There fore the lapse of the allotted time. But the bounds which are fixed was scarcely standing room in Paterson that day, and all were· to the duration of life donotalwaysmeasureits worth. His career, moved with pity and sorrow, the highest evidence of sincere and though cut off in the midst of its usefulness, has been a sweet and genuine affection for th~ir honored dead. Though ill for many wholesome example in right living, high thinking, and unselfish months, we learn he bore his ilfoess with fortitude and quiet resig service in private and public walks of life, and his fragrant nation. He never lost his heart or became impatient. He knew 1900.· ·CONGRESSIONAL RECORD-HOUSE. his end was approaching, but he contemplated the fact with that new duties and of the place that he had to fill-the stand which sublime confidence which belongs only to those who rely upon a must be taken and the responsibility that was upon him. He past life marked by purity of conduct, integrity of action, Chris shrank from public welcomes and retired to the counsels of his own tian piety,andreligiousconvictions. The Vice-President iB dead, heart. And when he spoke, a single sentence of his brief letter of but his example in public and in private life is left to us all as a acceptance rang through the country like a trumpet as he man priceless heritage. As I close this brief tribute the poet's descrip :fully proclaimed his belief that a dollar could not be made of tion of how a man should live comes to my mind, for I believe he "fifty-three cents' worth of silver plus a legislative fiat." so lived: Such a sentence tells of his character more than any description. So live that when thy summons comes, · His simplicity of thought, his "veracity of mind" (as the Senator Thou can take thy place with patriarchs, prophets, and the blest, from Massachusetts terms it), his lightning and enlightening per Gone up from every land to people in heaven, ception of facts, his simple statement of the issue, his power to And when that mighty caravan which halts one night time In the vale of death ehall stri.ke its white tents for the morning march, put volumes of financial argument into a phrase, and, above all, Thon shalt mount onward to the eternal hills, bis ,political truth and courage-all these appear written in that Thy feet nnwep.ry and thy strength renewed, sentence as if in the handwriting on the wall. Those who then Like the strong eagle for his upward flight. lived with him know what resolution it took to put and keep that [Mr. GROSVENOR addressed the House. See Appendix.] sentence in his letter, how many of the wisest wished to disguise the issue, and what influences he had to meet and conquer. In it Mr:PARKER of New Jersey. Mr. Speaker, G.A..RRET A. Ho is seen, too, his political insight, then, as always, instinctive and BART was born June 3, 1844, and died November 21, 1899, at the unerring. From that moment the nation knew him as a leader. age of 55 years. During this comparatively short life he did well He was born to be such, for he always dealt with realities and his part as husband and father, as counselor and friend to high with great issues, and not with little ones. He faced what had to and low, at the bar, in the legislature of his native State, in the be done. He decided instantly, when others reasoned or doubted, conduct of great business enterprises, as a leader in politics, and and was never entangled with words or·phrases. finally as President of the Senate and Vice-President. Like all great leaders, he also knew men, and loved them as His death brought tributes of love, grief, and honor from a men, and recognized the best that was in them. He was informed nation. The words of the great men in the Senate as to their not only by wide experience, but by a universal sympathy with young President read as if they had lost a Nestor. The speech of others, that enabled him to know the nrind and heart of the nation. a Senator who had been at the head of a great railroad recalls The office of Vice-P1:esident, carrying with it no official duty that Mr. HOBART had been the arbitrator of traffic between the except to preside in the Senate, and no power e:x:cept that of the railroad systems of the whole country. He says: casting vote in case of a tie, gave to him opportunity to bring all No jud'ge ever held office by so precarious a tenure or had to decide more branches of the Government closer together. In the century of important matters. There can be no more significant tribute to his unfail ing judgment, ta.ct, and character than the remarkable fact that there was national life the Senate has grown from 26 to 90 and the House never an appeal from his decisions or complaint of their fairness or justice. from 65 to over 350, while the details and departments of the work The Senator-from Massachusetts tells us that in two short years of the Executive and of the courts have grown until this great "he restored the Vice-Presidency to its proper position, and lifted Government, in its various branches, is hardly to be recogJ,lized it up before the people to the dignity and importance which it as the offspring of the simple assemblage of gentlemen who first merits;" that he lifted it out of neglect and misconception, and met under the Constitution. made himself nart of the Administration as one of the President's Naturallythese branches have grown apart. It was Mr. HOBART'S friends, advisers, and supporters. work to bring each nearer to the other and to the nation. By · Other Senators say: his loving friendship with the President, by the relations which "His close attachment for the President was as rare as it was generous he maintained with men of all parties in the Senate, by his close and beautiful." affiliation with the HoUBe and with the leaders of national politics, · "The Vice-President loved justice. His sense of fairness made him the he was enabled to bring each in touch with the other. All con friend of the people and the people his friend." "He appeared not to be an ambitious man, but carried wisdom and justice sulted him and wished to know his opinion. All trusted him. in his bosom, and friendship in his heart; love for his fellow-man and for his Senate and House, the Executive, the Army and Navy, the judges country." · and the diplomats, were drawn closer together and felt how much "As he loved us, so we love and revere his memory." he made for mutual confidence and peace. · A close friend, who knew and loved him, has said that it was a If dispute threatened a 'deadlock, his advice was sought by men peculiarity of Mr. HOBART that he never made a mistake;· that he of the most various opinions. His decisions were accepted because seemed to know intuitively what to do, and when he once made a he was known to be always true and fair. "He had a perfect gen friend he never made the mistake of losing that friend. ius for friendship." His influence in the senate was almost un Governor Roosevelt says: _ bounded, and yet he never infringed the privileges of that body. With great titular rank he was not supposed to have any active share in His advice was all the more powerful because it was always sought formulating the policy of the Government and helping carry it through. What he did was donelp.ot by force of position, but by force of character, his and never obtruded. It will never be known how much the lead rare tact, his extraorainary common sense, and the im:pression of sincerity ers relied upon him in the crises that preceded the appeal to arms he created upon every man with whom he was brought m contact. or how much they recognized his conservatism, courage, and These and like sentiments, said here and elsewhere, are not com Americanism. · mon utterances, nor made by ordinary men. They speak the love Blessed are the peacemakers. But it takes rare wisdom to be a. and admiration which our friend's character inspired in all who peacemaker-rare tact and disinterestedness. knew him, and tell us the fact that he was not one of a class of When he fell ill, a shock came to us all, a sense of national great men, but that his work and character were unique. · His calamity. His life had crept into that of the nation! We felt was a rare union of qualities not ordinarily found in one man. bow much we might have to miss him in the reconstruction that He was active, but calm; earnest and judicious; wise, simple, and follows after war; how much he could do, and how much he modest; witty, but never in derision; kind and gentle, yet cour could prevent. The nation watched at hi.B bedside, and finally ageous; a partisan, but absolutely fair; a skillful politician, yet w~pt by his grave. entirely true; severely honest, but never puritanical; sweet as a The President himself has written his touching epitaph: good woman and strong as a true man, and loved with the affec In him the nation has lost one of its most illustrious citizens and-one of its tion that we give to each. most faithful servants. His participation in the business life and the law making body of his native State was marked by unswerving fidelity and by One can not paint the rainbow, nor will words depict the blend a high order of t.alents and attainments, and his too brief caTeer as Vice ing qualities which make up an arched and rounded character President of the United States and President of the Senate exhibited the and which shade into each other so imperceptibly that even in loftiest qualities of upright and sagacious statesmanship. In the world of looking at the man it can not be seen wher~ one ends and the other affairs he had few equals among his contemporaries. His yrivate character was gentle and noble. He will long be mourned by his friends as a man of begins. His sun is set and the rainbow is gone forever. We can singular purity and attractiveness, whose sweetness of diqposition won all not portray it to those who have not seen it, but we remember its hearts, while his elevated ;\)Urposes, his unbending integrity, and whole presence as a joyful memory, bringing the world nearer to the hearted devotion to the public good deserved and acquired universal respect sky. He was perhaps most remarkable in that he was always at and esteem. his best, never failing in instinctive and instant perception as to As an American and from his own State, "I will instruct my what should be said or done, and what should be left unsaid or not sorrows to be proud.!' He is one who served his country faith done. His business energy was wonderful. His letters were always fully. He died for that country as truly as any soldier in battle, answered and his table clear, and his friends wondered when it welcoming the work that killed and meeting death without fear was accomplished. He always had the time to see a friend, even as patriot, statesman, and Christian gentleman, the Nation's serv when the stress of nations brought perplexity to the wisest. ant and the People's friend, leaving a memory that is unstained Those who were with him at St. Louis know how calm he was and that best of monuments, the universal affection of the People before his nomination. He had felt the pulse of the politicalsitu for whom he worked. ation so distinctly that he calmly expected his nomination, and said so. Yet when it came, he was forawhile·as if overwhelmed. Mr. DOLLIVER. Mr. Speaker, it is not certain that the death He realized instantly the change in his life, the greatness of his of any man ought to be spoken of as untimely, because the world XXXIII-78 1234 CONGRESSIONAL RECORD-HOUSE. JANUARY 26, in which we live is without meaning or significance of any noble or even upon what he acquired as a school-teacher and student of kind if we forget that our times are in the Hand which is upon of law. Yet, it would be hard to overstate the advantages which all things. Yet the death of such a man as GARRET A. HOBART a young .man derives from the training of a college course and the seems to the feeble insight which is granted to us amid the per arduoUB self-discipline of a school-teaclier. A good teacher gives plexities and mysteries of human affairs like the squandering of much to a school, but the schoo1 gives to the teacher even more; an- estate or the loss of a priceless treasure. so that it is not strange that so many men and women have come He died in the midst of his labors and his honors, at the very from the patient labor of the district .schoolroom into the larger moment of his -largest usefulness in the world. The career of service of their day and generation. Mr. HOBART was in some such a man is not an accident~ it illustrates not only the opportu sense a pioneer of the new professional life which in the larger nities of American life, but tile benevolent working of the.laws American cities has abolished the o1d-fashloned attorney and made under which the progress of society is made sure. There is a doc the new counselor at law a part of tbs industrial and commercial trine grown to influence in these days which impeaches the whole activity of the community. While he had the faculty of plain framework of society, because it imposes upon all a struggle for and direct speech, he was at no time in his career noted as an ad existence in which only the fit survive. In order to put an end to vocate, nor did he ever pose as a jurist weighed down with the such a tragedy, the world is filled with dreams of impossible obsolete lore of the profossion. conditions, in which all shall share alike in the rewards of life. He had the genius of success. As a student he copied papers and According to the teachings of this school of thought. all who win records in the law office which he afterwards owned, and f.or success under the present condition.of things are reckoned enemies twenty years he-was president of the bank in which he began as a of those who fail; and there are men who, in their eagerness to do clerk, during the trying period in which he was getting a foot away with the battlefields of life, are ready to set mankind on a hold in the world. He was a man of affairs, who understood the dead level, in which there shall be-neither failure nor success, but law as applied to modern business with perfect accuracy, and a perfect calm, in which all may enjoy the luxury of a common whose opinion on practical questions involved in large enterprises repose. . soon came to be counted everywhere as sound. It is a sign of unhealthy times when the social and po1itical It has been observed by the older judges that the legal profes philosophy of a race like ours becomes infected with these morbid sion as it was known to our fathers has been noticeably influenced opinions, for they not only pu11 down the fabric of society which to the revolutions of the modern business world. The orator who has been slowly builded through the ages, but mak~ any worthy once captivated juries by his persuasive eloquence is hardlv more and progressive human institutions impracticable. _ than a tradition, while the leader of the bar who ·once overawed A Senator of the United StateB, famous in the world of bnBiness the courts by the weight of his personal authority no longer finds and politics, in paying tribute to Mr. HOBART'S memory, found an appreciative audience outside of the rural circuit. In their an illustration of the probity of his character in ·the success of his places have come experts in the various fields of business enter work as arbitrator of the Joint Traffic Association. The orator prise, shrewd and limited men who have taken the paillB to know· said that every one of the thirty-seven railway man~gers con more about a few things than their predecessors ever had time to cerned had come up from the ranks and had won his way by find out about everything. In such a professional atmosphere the his own ability. And no one could 1isten to his words without. common man is lost, and sinks to a cipher without vital relation perceiving in them not only a tribute to GARRET A. HOBART, to the world at large of any sort, while the profession itself runs but a justification of the law of labor, under which the Tictories the risk .of becoming a mere case-grinding drudgery in which the of life belong to those who win them. larger faculties of the mind perish a,ltogether. While the world is larger than it was when GARRET A. HoBART Mr. HOBART lived through the perils which beset the corpora was born, the fear is just as groundless as it was then that the tion lawyer of our times, rising year by year into a broader intel sons of the rich are to drive the sons of the poor out of the race of lectual horizon; and when the American people called him to the life. The poor boy is the only boy that has any chance in the second office in their gift, he was able to lock up his law office at world or ever did have. This world will always be governed by Paterson, close the business engagements of a lifetime, and be the intellectual and moral strength there is in it, and neither the come the trusted counselor of all with whom he was associated in one or the other will ever be possible except under the discipline the Government of the United States. By his singular foresight of hardship and necessity. The hope of mankind to-day lies not he became a man of wealth, yet in his whole career no man ever in the palaces of luxury and wealth, but in the cottages of the suspected his integrity 01· disparaged his prosperity. He had the people, about humble family altars, in obscure places where the respect of poor and rich alike, and in the city where he lived his storms of all skies beat and where the rugged fiber of manhood name inspired the confidence and affection of all. He gained his is made, which is a victor over circumstances, a master of oppor wealth in a manly, honest way, and used it while he lived to help tunities, a crowned athlete in the games of fortune and achieve and bless the world. Few men have ever exhibited a more symmet ment. rical life than his. The ancestors of Mr. HOBART were pioneers in the woods of . The thing that struck me most forcibly about him when I first New Hampshire, so far as the favor of nature is concerned prob knew him nearlytwentyyears ago was the fact that though his time ably the most backward of that marvelous group of communities was pressed upon by a variety of engagements so innumerable as called New England, which not only nurtured the intellectual to encumber and bewilder any but an extraordinary man, yet in life of America, but has sent forth her children to lay the founda the midst of all the cares of business he had time for politics, tions of new commonwealths and bequeathed to them the imper local and national; time for hiB church, time for his friends, and · ishable riches of the old homestead. time for the :fireside, from which he drew the gentlest inspirations It may be counted fortunate for Mr. HOBART that he did not of his laborious life. enter upon the responsibilities of life without an adequate prep My acquaintance with Mr. HOBART began in the summer of aration. It may be true, as Thomas Carlyle has said, that "your 1884, when, as an inexpeI"ienced campaign speaker, I saw much of true university is the collection of books," and that men may ob him at the national headquarters of the committee which managed tain knowledge without the advantages of other education, but Mr. Blaine's Presidential canvass. He was one of the extraordi the number of self-educated men who have reached great emi nary group of young men who were drawn about the person of nence, without the patient ti·aining of the schools, is not suffi Mr. Blaine by those remarkable qualities which made him so long ciently large to mislead the youth of our day. The estimate the leader of his party, and I speak here to-dav on this mournful which General Garfield once gave of the influence of the small occasion because in those years I found in Mr. HOBART a friend colleges of the country compared with the great seats of learning whose counsel was always unselfish and whose hand was ever is jUBti:fied by a thoUBand illUBtrations, and by none more com ready in acts of. kindness and good will. In three Presidential pletely than by the case of the late Vice-President. At Rutgers campaigns I knew him as a political manager charged with the College, a struggling institution within easy reach of hiB home, in success of the party to which he was devoted. I saw him day and an atmosphere free from every contagion, surrounded by teachers night in the work of the campaign, and while I have seen the storm who entered in to the personal life of the student and kindled within of clamor and detraction gather about the heads of those who were him that love of learning which can not be communicated without associated with him in this party service, the fact that GARRET A. the touch of sympathy, he found the exact environment adapted to HOBART shared in every responsibility of his associates has always his case. enabled me to feel that the working field of American politics, m The fabulous endowments now steadily flowing to the centers stead of being a corrupt and corrupting thing, is a high arena in of American culture, new and old, are not to be despised, but the which men of character may serve their countrymen without dis youth of America. ought to be warned against the temptation honor or reproach. never absent in circumstances of ease and extravagance, of de Surprise has been expressed by some that this plain man, whose grading the ideals of learning by the parade of material things; name was comparatively obscure until his party selected him as its and the universities boasting themselves of size without age need candidate for the Vice-Presidency, should have been able to so to be often reminded of the blasphemy of the imposter in the exalt that office as to bring back the prestige which it bore in the Acts o.f the Apostles, who thought to buy the gift of God with earlier days of the Republic. · To those who knew Mr. HOBART money. well there is nothing strange tin the fact that his brief service in It is not to be supposed that Mr. HOB.A.RT, graduating at the age the chair of the Senate dignified that public station with a new of 19, founded his success in life upon what he learned at college, and high distinction. Few men knew more about American r
1900. OONGRESSION.AL RECORD-HOUSE. 1235
politics or had studied the public service of the United State_s to June, 1844. Monmouth, whose fields were consecrated toAmeri· a better purpose than he. From the day ha opened his law office can liberty by the blood of patriots at old Monmouth Court-House, in Paterson he was profoundly interested, both in theory and in nigh unto the very soil that was trodden by such heroes as Wash practice, in the politics of his town, his county, his State, and ington, Wayne, Lafayette, Knox, Green, Steuben, and a host of his country. others; near where Washington and Lafayette, wrapped in a Mr. HOBART was a great Vice-President; first, because he be single cloak, lay down to rest the night before the battle of Mon came easily the master of the duties of that office; and then, so mouth Court-House, and near where the brave Mollie Pitcher large and generous was the man himself that he brought to the became famous and went down into history as the "woman office a personality which attracted at once the consideration of cannoneer of Monmouth." With these environments it is little the whole Senate and the whole country. No man ever met him to be wondered at that the late Vice-President, no doubt inspired without receiving from him a word of helpfulness and good cheer, by his patriotic surroundings, was urged onward to achieve glory and no man ever entered his door without breathing at once the in civil life, which finally ended in his becoming the second citi air of a perfect hospitality. His judgment was unerring upon zen of this great Republic. questions involving public or party policy, and the man himself Like the majority of the great men of this nation, his early edu was too great to use a minute of his time in spiteful disparage cation was ·obtained in our country's greatest institution-its com ment of other men. mon schools. He finished his education a.told Rutgers College, It has been observed as worthy at least of note that the late graduating in the year 1863, and, as I understand it, soon entered Vice-President, while he lived, was an adviser and intimate friend upon the duties of a schoolmaster, finally taking up the study of of the President; helping him to bear his burdens and giving him law and entering the .ranks of that profession, no doubt, when he with an unselfish motive continual help and guidance in the midst started out, intending to reach a position that might place him of difficult affairs. It bas been said that no _such relation between with some of the great legal lights that have made New Jersey the two offices was ever known before, and that with no exception famous. our American Vice-Presidents, though many of them w.ere strong He was not long destined to remain in the ranks of the strug and famous, have spent their influence-in undermining the Ad gling attorney. This was not due to lack of education or legal ministration of the President or in stupid lamentations over their attainments, but to the fact that be found other pursuits more own neglected and unimportant lot. congenial, and he directed his attention to some of the great in If Mr. HOBART was loyal to the President it was not, as some dustrial interests of New Jersey~ His legal ability must have have thought, because he was conscious of any disqualification in been of a superior order, for we find that early in his professional himself that would make his own aspirations to the Presidency career (1871) he became counsel to the manufacturing city of out of place. It was partl:v at least because, knowing by experi Paterson, and a year later counsel to the board of chosen free- · ence more probably than ·anybody else about the nomination of holders of the county of Passaic. The appointment to these Presidents and the election of them, he had acquired the wisdom positions indicate that young HOBART was possessed of superior to know that men are not lifted up in the estimation of the world legal ability, for in the exercise of his duties he was compelled to by trying to drag others down; and that the forces which make pass upon grave constitutional and municipal questions~ and no Presidents of the United States out of men operate on too large one could occupy either position unless a sure and safe legal edu a scale to be seriously affected by the gossip of the dinner table cation had been acquired. or the whispers of the cloakroom. About this time-1872-he entered the field of politics by being Therefore, with a sane mind, grateful to his countrymen for the elected a member of the house of assembly for the city of Pater honor they had given him, he set himself to deliver the office of son. He was reelected in 1873, and in the year 1874.lris rank was Vice-President from the cheap and petulant influences that have such in his party that they honored him with the position of always surrounded it. How well he succeeded all men know, and speaker. He ante.red the senate of the State in 1876 and served in it is not too much to say that had he lived he would have drawn to that body six years, twice occupying the distinguished position of himself such a measure of popular enthusiasm that his countrymen president of the senate. During aU this time he kept growing in would have invited him to step·from the second chariot into the the confidence of the people, and his ability was such that he first. Already his name was spoken with honor in every section ranked as one of the leaders of the Republican party in the State, of the country. On the day he died, in traveling over the prairies and during this-period, either in the -house of assembly or in the west of the Missouri, I saw upon every schoolhouse the flag at senate, he was associated with and had for his colleagues some of half-mast, and at every nilway station .groups of people talking New Jersey's most eminent citizens. in subdued voices of the death of Vice-PreSldent HOBART; and At one time or another there sat with him the distinguished and wherever the fla.g of the United States is known, even in the ends learned ChanceUor Magill, Chief Justice Magee, of the supreme of the earth, it became the sign of the universal affiiction of his court of the State, ex-Governor George C. Ludlow, the senior - countrymen. We come here to-day to add our tribute to his SenatorfromN-ewJersey, WILLIAMJ. SEWELL,.andmy colleague, memory. We can not hope by what we say in the least to repair Mr. GARDNER, of the First Congressional district of the State. the loss which the nation has sustained in his death. We may not Some of these that! have named were then but young men; some of even presume with our faltering words of eulogy to console the them had not reached middle life, but they have since arisen pre broken hearts which have so recently followed him to the grave; eminent in my State and in-the nation, and do you wonder that with we can only commend them to God and the Word of IDs grace. these surroundings the lamented Vice-President paved the way to ascend the ladder of fame.? His very contact with these men must Mr. DALY of New Jersey. Mr. Speaker, GARRET AUGUSTUS have further excited his ambition as they moved along side by HOBART, Vice-President of the United States, died at half past 8 side in life's struggle. o'clock on the morning of Tuesday, November 21, 1899, at his After he left the senate of New Jersey the bent of his energies home in the city of Paterson, N. J. His death was not unexpected, was directed in the channel of business enterprise, and I am in for Mr. HOBART had made a strong battle for life before the sum formed that at the time of his death he was interested to the extent mons came. ' All that medical science and the encouragement of of being director in more than sixty companies, banking and busi friends could do was exerted in his behalf, but he had to suc ness interests. Re became general manager of the East Jersey cumb finally to the hand of death. W.ater Company, and was president of the Passaic Water Com Few men in the history of this country have grown into such pany, the Paterson Railroad Company, and the People's Gas great prominence as Mr. HOBART from the time he became Vice Company. He was director in the First National and Qther President of the United States until the day of his death. It was banks of Paterson and elsewhere; wa.s director of the New York, an unusual spectacle to behold, contrasted with the past, a Vice Susquehanna and West.ern Railroad, the Lehigh and Huqson Val President of these United States who was close in touch with the ley Hailroad, Barbour Brothers Company, Barbour Flax Spinning molding of the policy of his party, being accorded that considera Company, the Edison Electric Illuminating Company, and many tion in the councils of the nation which has seldom been accorded other large institutions. His connection with these great concerns to one occupying the position he did. It can not be said that this demonstrated his great financial and business ability, for from recognition grew out of any prominence he had .attained in public struggling corporations he built some of them up, by his perse life or from any great attainments that he was himself master of; verance and the exercise of wisdom and discretion, to be the nor can it be said that it was due to any transcendent position he greatest industries of our State, and through his connection with occupied in his chosen profession; but it can be truthfully asserted these institutions he laid the foundation for the building up of that it was due to the strong personal character that admitted of the great fortune he left behind. his grasping situations with celerity and a power of discrimina With all these interests absorbing his time and energies, you tion in his judgment of men and measures which come to those would imagine he would lose sight of the people; that he would who by perseverance and aggressiveness have been able to sur lose sight of the governmental interests and policies of State and mount obstacles and throw down barriers in order to accomplish nation; but, nevertheless, he kept in close touch with his party the object sought. and his party's leaders and the country. Ever genial, ever kind, Born in comparative obscurity, he possessed "t9 a remarkable possessed of a strong magnetism, his party and people sought his degree the energy and determination which have proved the main advice and counsel, and he maintained that hold upon them that spring of success in the lives of all successful men. even while occupied with business interests he guided the policy He was born in historic Monmouth County, in the month of of his party in his State and guided its policy in the nation. The 1236 -CONGRESSIONAL RECORD-HOUSE. JANUARY 26,
power that he possessed in the great interests of his State would GARRET HOBART lived a true life, and as he lived a true life, so have ma.de some men alTogant, overbearing, and selfish; but never much greater shall be his reward in the hereafter. In a quiet spot once have I known it to be said of him that his political or his in Ceda.r Lawn Cemetery reposes all that of him was mortal, there business preferment ever made him lose sight of the fact that he to rest until called forth on the resurrection morning to enjoy was plain GARRET °A. HOBART. He possessed all the attributes of eternal happiness in the presence of his H,edeemer. a leader. He was conciliatory, yet brave; extremely partisan, but generous to a political opponent. His presiding over the Senate Mr. FOWLER. Mr. Speaker, GARRET A. HOBART still lives, and his ever-courteous bearing toward all parties demonstrated both yonder and here. His soul nourished the hope of immortal his strength of .character, for public history has recorded the fact ity, and his life here was so consonant with that hope that his life that the stronger the partisan and the greater the leader the less there will be but an exalted, beautified, and glorified realization of arbitrary his conduct when called upon to exercise discretion in his ideals. trying situations. Of course there are exceptions to this rule, but He was a typical man; typical because he illustrated in an in the main this principle will apply. almost matchless degree the best of our civilization. During all I knew Mr. HOBART well. As a member of the senate of the the ages, in art and architecture, in poetry and philosophy, those State of New Je1;sey I frequently came in contact with him at only have left permanent influences for the welfare of the human the statehouse and had many opportunities to judge of his charac race and have moved the standards of right living onward and ter. I do not wonder that when he came to Washington he made upward who typified those ideals that will forever mark their the same impression upon those he came in contact with that he times. GARRET A. HOBART was the highest type of the American did in his own State. Those who knew him well loved him; those citizen of his day. - who knew him not so well admired him. In this eager age of weal th gathering, over against the hot haste, The tribute paid Mr. HOBART by his colleagues in the Senate in bold relief, stands every virtue; and he who in the midst of the speaks eloquently and forcibly of his fairness in presiding over mad rush illustrates those virtues truly typifies all that is best the deliberations of that body. Grave public questions were in of his time. You wilf search in vain the long list of noble lives volved during his occupancy of the chair as presiding officer and ending with the century for a life that more completely and it has yet to be said that he ever exercised any arbitrary power or beautifully exemplifies and symbolizes the essential virtues of our discriminated in favor of one or the other, but treated all alike. civilization than that of HOBART. I have never heard Mr. HOBART criticised save for being a par Born upon a fari:n, he started lifeat the lowest round of thelad tisan; but, Mr. Speaker, to my mind that was a tribute, for when der of human endeavor, but never missed a step in-its ascent, as a man enters public life he does it through the channels of some the farm boy, the district-school la~, the college student, the political party to which he has become devoted, and if, forsooth, teacher, the lawyer, the State i·epresentative, the maµ of stu his party err on some given proposition, yet for the good his party pendous business affairs, the ideal Vice-President of the United has done he remains true, relying upon the conservative element States. to correct the error when the proper time comes, and not rise and Is honesty for its own sake one of the essentials of American strike it down that upon its ruins might be erected and perpetu manhood? GARRET A. HOBART stood for all that that word can ated another. Such a partisan was Mr. HOBART, and such politi suggest; he could not even think dishonestly. He was a stranger cal characters live in the hearts of men when party destroyers to indirection. His plans were great, but as open as the sunlight. have passed into oblivion. . His honor was the" finest sense of justice the human mind can Mr. HOBART'S strict attention to public business, his attention frame." He was too broad and generous to cavil over technical - to his private interests, and that genial disposition of his nature ities; with him implication was as binding as his bond. Intent, which led him to attend to the calls that society made upon him not forms of words, determined his action. soon undermined the vigorous constitution of which he was pos- Are the boundless burdens of our highly organized society tp be - sessed, so that on the 4th of March, 1899, he with the President voluntarily .assumed by every true friend of mankind? This was and Senator HANNA took themselves to the quiet retreat of Thom his belief, for he gave his great heart of sympathy and generous asville, Ga., there to recuperate and build up his physical a'nd hand to every good work. - nervous condition. It was there that he was first taken seriously If the influence of loyalty to principle and fidelity to duty be ill, and he soon returned to Washington. As. hi!3 sickness pro sought in its highest development, we need seek no other illus gressed he longed for his home by the sea at Long Branch, to be tration than his life. near the scenes of his earliest childhood in the county of his na No man had a profounder and sweeter sympathy or enjoyed tivity, hoping that the ocean's breezes might benefit him and the more the fragrance of a friend's heart. His was a friendship dreary monotony be relieved by gazing upon the scenes of pleasure which, once pledged, never swerved; weighed well before it of that locality. But relief came not, and I have no doubt as he trusted, but did not weigh before it served. looked on the waves breaking their .force upon. the shores and Very recently a lifelong companion remarked that if HOBART - calmly receding the thought of the poet was suggested: happened by any chance to learn that a friend wanted some· Faded wave, joy to thee; thing, he would straightway try to obtain.it for him. When Now thy flight and toil are over; the shadows of life were thickening, and he knew well. that the Oh, may my ·departure be Calm as thine, thou ocean rover. sun would shine through them no more, he expressed an earnest When this sad soul's last jor on earth wish that he might do a kindness for one, who, he said, bad been On the shore of time is driven, true to him. Be its lot like thine on earth, His. was a truly noble life; simple, yet exalted. He made his To be lost away in heaven. character by being what he desired to seem. He practically spent the entire summer at Long Branch, save What essential quality or virtue did he not possess? He was in for a short trip to Lake Champlain, where he went to join the stinctively intelligent and profoundly just. He possessed great President. In the early fall he returned to his home in Paterson, talents, and his tact was boundless. His judgment was almost 'and there lingered, battling with -disease, until the date I have unerring and his generosity limitless. His patriotism was calm mentioned, when he departed this life. and unswerving. He was the very soul of honor. He harbored no No tribute that tongue can pay can be as grand as the tribute bitter hatreds; he nursed no relentless animosities. His friend· paid by the people of his adopted city as he lay in death in Carroll ship was a devotion. His character was as pure and spotless as a Han~ Public business was. suspended, great manufacturing in star. . terests closed that thousands in that busy city might join in the · Hiswasalifeofsunshine,anditcastnosbadows. Wbatcircum manifestations of sorrow that pervaded our entire country. stance, what incident, what event, what endeavor, what achieye What a scene was that, Mr. Speaker, when the rich and the poor ment, whatp1ivateobligation~ what public duty, what institution, and the great men of our nation were bending their heads in sor what personal relationship, what human life was not more fortu row in the streets of that city, all alike feeling the loss of a great nate because the soul of G.A.RRET A. HOBART had touched it? And public servant and benefactor. The personality of the man was so he still speaks in ten thousand sweet influences that can know alike to all; the same sunny smile was for the rich as the poor, no ending; and, the world will forever be the better because be and the same cordial greeting was bestowed upon everyone he once lived in it. came in contact with. His generous liberality was appreciated His name, reaching down the age of time, by everyone. . . . Will still throu~h the age of eternity shine I wish that I had the eloquence to pay that tnbute his memory Like a star, sa.i.Lmg on through the depths of the blue, deserves. By those who knew him he will be fondly spoken of On whose brightness we gaze every evening anew. until the last survivor has passed away, and when history shall write him, he shall live as one who loved his country, who loved [Mr. SALMON addressed the House. See Appendix.] its institutions and its people. I can not better sµmmarize than Mr. GARDNER of New Jersey. Mr. Speaker, several gentle· to say he lived a true life, and in the language of the great philan men who desired to contribute something on this occasion having thropist, Horace Greeley, who said, " Whoever seeks to know if been unavoidably compelled to be absent, I ask unanimous con his career has been prosperous and brightening from its outset to sent for general leave to print. its close should ask not for broad acres or towering edifices or The SPEAKER. The gentleman from New .Tersey asks for laden coffers; ask rather, Did he live a true life?" general leave to print upon the life and character of the late 1900. CONGRESSIONAL RECORD-HOUSE. 1237
Vice-President of the United States, Mr. GARRET A. HOBART. PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS Is there objection? INTRODUCED. There was no obj~tion. Under clause 3 of Rule XXII bills resolutions and memorials The resolutions were unanimously agreed to. of the following titles were int~oduc~d and seve~ally referred as Mr. GARDNER of New Jersey. Mr. Speaker, as a further follows: . mark of respect t_o the memory of the deceased, I move that the By Mr. SHERMAN, from the Committee on Indian Affairs: A House do ~ow adJourn. Ibill (H. R. 7433) making appropriations for the current and con- The mo_t10n was agreed to. . tingent expenses of the Indian Department and for fulfilling . Accordmgly (at 4 o'clock and 14 mmutes p. m.) the House ad- treaty stipulations with various Indian tribes for the fiscal year JOurned. ending June 30, 1901, and for other purposes-committed to the Union Calendar. EXECUTIVE COMMUNICATIONS, ETC. By Mr. GAYLE: A bill (H. R. 7434) for the erection of a pub Under clause 2 of Rule XXIV, the following executive com lic building at Paris, Ky.-to the Committee on Public Buildings munications were taken from the Speaker's table and referred as and Grounds. . follows: By Mr. ALLEN of Maine: A bill (H. R. 7435) to provide for A letter from the Secretary of War, transmitting, with a letter the purchase of a site and the erection of a public building thereon from the Chief of Engineers, report of examination a.nd survey of at Portland, in the State of Maine-to the Committee on Public Waukegan Harbor, Illinois-to the Committee on Rivers and Buildings and Grounds. Harbors, and ordered to be printed. By Mr. SCUDDER: A bill (H. R. 7436) to fix the compensation A letter from the Secretary of State, transmitting correspond and pay of surfmen employed in the Life-Saving Service of the ence relating to complain ts of the German Government against United States-to the Committee on.Interstate and Foreign Com\.. certain customs regulations-to the Committee on Ways and merce. Means, and ordered to be printed. By Mr. MUDD (by request): A bill (H. R. 7501) for the exten A letter from the assistant clerk of the Court of Claims, trans sion of M street NE.-to the Committee on the District of Colum mitting a copy of the findings filed by the court in · the case of bia. Marie P. Evans against the United States-to the Committee on Also (by request): A bill (H. R. 7502) to incorporate the Wesley War Claims, and ordered to be printed. Heights Railway Company of the District of Columbia-to the Committee on the District of Columbia.. REPORTS OF COMMITTEES ON PUBLIC BILLS AND By Mr. SHELDEN: A bill (H. R. 7503) to provide for the con RESOLUTIONS. struction of a revenue cutter for use in St. Marys River, Mich Under clause 2 of Rule XIII, bills and resolutions of the follow igan-to the Committee on Interstate and Foreign Commerce. ing titles were severally reported from committees, delivered to By Mr. PEARRE: A bill (H. R. 7504) to receive arrearages of the Clerk, and referred to the several Calendars therein named, taxes due the District of Columbia to July 1, 1898, at 6 per cent as follows: per annum in lieu of penalties and costs-to the Committee on Mr. MILLER, from the Committee on the Public Lands, to the District of Columbia. which was referred the bill of the Hons~ (H. R. 955) granting to By Mr. BINGHAM: A bill (H. R. 7505) appropriating five mil the State of Kansas the abandoned Fort Hays Military Reserva lions of dollars for the building of public roads in the several tion, in said State, for the purpose of establishing western States in the U nit.ed States of America-to the Committee on Agri branches of the Kansas Agricultural College and of the Kansas culture. State Normal School thereon, and for a public park, reported the By Mr. JENKINS: A joint resolution (H. J. Res. 138) propos same without amendment, accompanied by a report (No. 123); ing an amendment to the Constitution of the United States-to which said bill and report were referred to the Committee of the the Committee on the Judiciary. Whole House on the state of the Union. Mr. DAYTON, from the Committee on Naval Affairs, to which PRIVATE BILLS AND RESOLUTIONS INTRODUCED. was referred the bill of the House ( H. R. 969) to amend section 5 Under clause 1 of Rule XX.II, p1ivate bills and resolutions of of an act to relieve certain appointed or enlisted men of the Navy the following titles were introduced and severally referred as and Marine Corps from the charge of desertion, approved August follows: 14, 1888, reported the same without amendment, accompanied by By Mr. ALLEN of Kentucky: A bill (H. R. 7437) for the relief a report (No. 124); which said bill and report were referred to of James N. Curry-to the Committee on Military.Affafrs. the House Calendar. ' Also, a bill (H. R. 7438) for the relief of Isaac J, Tucker-to the Mr. WADSWORTH, from the Committee on Agriculture, to Committee on Military Affairs. which was referred the bill of the House (H. R. 3988) to reorganize By Mr. ALLEN of Maine: A bill (H. R. 7439) to restore Henry and improve the Unitea States Weather Bureau, reported the D. Hall to the Revenue-Cutter Service-to the Committee on In same with amendment, accompanied by a report (No. 125); which terstate and Foreign Commerce. said bill and report were referred to the House Calendar, By Mr. BARHAM: A bill (H. R. 7440) granting a pension to Henry Dority-to the Committee on Pensions. CHANGE OF REFERENCE. By. Mr. BAKER: A bill (H. R. 7441) granting an increase of Under clause 2 of Rule XXII, committeesweredischargedfrom pension to Mrs. Annie Dulany-to the Committee on Invalid Pen the consideration of bills of the following titles; which were there sions. u~on referred as follows: By Mr. BELL: A bill (H. R. 7442) for the relief of A. G. Boone- A bill (H. R. 212) for the relief of the owners of the British ship to the Committee on Claims. - Foscolia and cargo-Committee -on Foreign Affairs discharged, By Mr. BANKHEAD: A bill (H. R. 7443) for the relief of W. H. and referred to the Committee on Claims. Bickerstaff, of Walker County, Ala.-to the Committee on War A bill (H. R. 527) granting a pension to LucyD. Young-Com Claims. mittee on Invalid Pensions discharged, and referred to the Com By Mr. BARTHOLDT: A bill (H. R. 7444) to provide for certifi mittee on Pensions. cates of honorable service to the officers and men of Foster's A bill (H. R. 4571) for the relief of Helen W. Mauck-Commit cavalry battalion, Missouri Volunteers-to the Committee on Mili tee on Invalid Pensions discharged, and referred to the Commit tary Affairs. tee on Pensions. By Mr. BROSIUS: A bill (H. R. 7445) granting a pension to A bill (H. R. 7136) for the relief of Michael McLaughlin Emma ·B. Reed-to the Committee on Invalid Pensions. . Committee on Invalid Pensions discharged, and referred to the - By Mr. CARMACK: A bill (H. R. 7446) for the relief of Ellen Committee on Pensions. Savage, administratrix of T. H. O'Donnell, deceased, late of Shelby A bill (H. R. 7144) granting an increase of pension to Agnes County, ·r~nn.-to the Committee on-War Claims. Capron-Committee on Invalid Pensions discharged, and referred Also, a bill (H. R 7447) for the relief of the estate of George to the Committee on Pensions. W. Reeves, deceased, late of Fayette County, Tenn.-to the Com A bill (H. R. 7156) to increase the pension of Juliet C. Nich mittee on War Claims. ols-Committee on Invalid Pensions discharged, and referred to Also, a bill (H. R. 7448) for the relief of Finess E. Wirt, of Fay the Committee on Pensions. ette County, Tenn.-to the Committee on War Claims. A bill (H. R. 7204) for the relief of William Gregory-Com Also, a "bill (H. R. 7449) for the relief .of the estate of James mittee on Invalid Pensions discharged, and referred to the Com- Dickenson, deceased, late of Hardeman County, Tenn.-to the mittee on Military Affairs.. . Committee on War Claims. A bill (H. R. 5308) granting a pension to William Conover Also, a bill (H. R. 7450) for the relief of-Arthur P. McKinney, Committee on Pensions discharged, and referred to the Commit administrator of John F. McKinney, deceased, late of Memphis, tee on Invalid Pensions. Tenn.-to the Committee on War Claims. A bill (H. R. 7135) for the relief of Franklin J. Robbins-Com Also, a bill (H. R. 7451) for the relief of estate of Mrs. C. M. mittee on Pensions discharged, and referred to the Committee on Lock, deceased, late of Shelby County, Tenn.-to the Committee Invalid Pensions. on War Claims. · CONGRESSIONAL RECORD-. ROUSE. JANUARY ·20, r\238 . ·- - - ...... i - .... '
Also, a bill (H. R. 745~) for the .relief of John Morrison, of Also, a bill (H. R. 7489) to pension Elvira Hunter-to the Com~ Shelby County,-Tenn.-to the Committee on War Claims. mittee on Pensions. - - Also, a bill (H. R. 7453) 'for the relief of the estate of Leander By Mr. MOODY of Oregon: A bill (H. R. 7490) for the relief of Black, deceased, late "Of Fayette County, Tenn.-to the Committee Margaret C. McKay, widow of the late Dr. William C. McKay, on War Claims. of Oregon-to the Committee on Pensions. _., Also, a bill (H. R. 7454) for the relief of Alfred B. Carter-to By Mr. NEVILLE: A bill {H. R.-7491) granting a pension to the Committee on War Claims. John.Devine, Of Greeley, in the State of Nebrask~to ·the Com Also, a bill (H. R. 7455) for the reHef of William J. Bishop, of mittee on Invalid Pensions. Fayette County, Tenn.-to the Committee on War Claims. By Mr. OTEY: A bill (H. R. 7492.) for the relief of Mrs. Piµnie Also, a bill (H. R. 7456) for the relief of John A. Farley~ of L. Carr-to the Committee on Pensions. · ' Fayette Coiinty. Tenn.-to the Committee on War Claims. By Mr. PEARRE: A bill (H.R. 7493) to compensate LutherM. · Also, a bill (H. R. 7457) for the relief of estate of B. B. Neville, Cresap, a loyal citizen of Allegany County, 1\Id., for the destruc deceased, of Shelby County, Tenn.-to the Committee on War tion of a bridge attached to his merchant mill in 1864 wider the Claims. orders of.Gen. B. F, Kelley-to the Committee on War Claims. Also, a bill (H. R. 7458) for the relief of the estate of Henry E. Also,' a bill (H. R. 7494) for the relief of Ann ·R. Widmayer,. of Sills, .of Shelby County, Tenn.-to the Committee on War Claims1 Washington City, D. C.-to the Committee on Claims. Also, a bill (H. R. 7459) .ior the relief of John l}. Ussery, of By Mr.· PARKER of New Jersey: A bill (H. R. 7495) granting Hardeman County, Tenn.-to the Committee on War Claims. an increase of .pension to Richard Holloway-.to the Committee on Also, a bill (H. R. 7460) for the relief of Thomas S. Gallaway, Inhl.id Pensions. · - administrator of John H. Mebane, deceased, of Fayette County, By Mr. PIERCE of Tennessee: A bill (H. R. 7496) for the relief Tenn.-to the Committee on W.ar Claims. of H. S. Simmons's estate-to the Committee on War Claims. Also, a ·bill -(H. R. 7 461). for the relief of Nicolla Malatesta, of By: Mr. QUARLES: A bill (H. R. 17497) for the relief of the Memphis, Tenn.-to the Committee on War Claims. esta e. of George W. Taylor, deceased,. Augusta County, Va.-to Also, a bill (H. R. 7462) for the i·elief of Mrs. W. A. Scott, of the Committee on War Claims. Hardeman County, Tenn.-to the Committee on War Claims. By ~fo RUPPERT: A bill (H. R. 7498) for the relief of Augus· . Also, a bill (H. R. 7463) for the relief of Thomas J. Graves, of tin Walsh1 to the Committee-,on Claims. Fayette County, Tenn.-to the Committee on War Claiins. _ By Mr. SHERMAN: A bill iR R. 7499) ta, remove the charge Also, a bill '(H. R. 74.64) for the relief of estate of Caroline Mul of desertion from the military record of Joseph Kennedy~to . the haupt,_ deceased, late of Shelby County, T-enn.,.-to the Committee Committee on Military Affairs. on War Claims. ~ - · - l3y Mr. STEPHENS of Texas: A. bill (H. R. 7500) for the relief Also, a bill (H. R. 7465) for the relief of E. J~ Sullivan, of Fay James Marr for services as custodian of Fort Hancock-to the ette County, Tenn.-to the Conimittee on War Claims. Committee on Claims, Also, a bill -(H. R. 7466) for the relief of Mrs. Sarah E. Norton, ·13y.Mr. MORGAN: A . bill (H. R. 7506) for the relief of .TohIJ _of ::Memphis, Tenn.-to the Committee on War Claims. Martin-to .tlie COmmittee oh Military Affairs. Also, a bill (H. R. 7467) for the relief of the estate-of William Also, a bill (H. R. 7507) for the relief of 'John McNaughton-to Parham Butterworth, deceased, late of Fayette County, Tenn.- the Committee on War Cla.gµs. . to the Committee on War Claims. ' .Also, a bill (H; R. 7508) granting a pension to Anna M Dam· Also, a bill (H. R. 7468) for- the relief of-the- estate -0f T. P. nierkto the Committee on Invalid Pensions. Lloyd, deceased, late of Fayette County, Tenn.-to the Commit- By Mr. RAY of New York: A bill (H. R. 7509) granting an tee on War Claims. · honorable discharge to PatricR: Diamond-to the C9mmittee on Also, a bill (H. R. 7469) :for the relief of Dani!31 Butts, of Mos Military Affa!rs. · cow·, Fayette County, Tenn . ....:...to the Committee on War Claims. . Also, a bill (H., R. 7510). granting a pension to Elizabeth F, Also, a bill (H. R. 7470) for the relief"of the estate of Nancy J. Beave.r-to the Committee on lnyalid Pensions. Carr, deceased, late of Shelby County, Tenn.-to the Committee Also, a-bill (H. R. 7511 ). granting an, increase of pension to Char on War Claims. - lotte.):.oung.s~o _the Committee o~ Invalid J?ensions, Also, a bill .{.H. R. 7471) for the relief of the estate of Andrew B. Conley_, deceased, late of Fayette Cqunty, Tenn.-.to the Com- · ~E~ITIONS, ~TC. mittee on War Claims~ Also, a bill (H. R. 7472) for the relief of Benjamin Hahn, of - Under clause 1 of Rule XXII, the following petitions and papers Fayette County, Tenri.-to the Committee on War Claims. were laid on the Clerk's desk and referred as follows: Also, a bill (H. ·R. 7473) for the re1ief of. Henry M. Green, of By Mr. ACHESON: Resolutions of t.he Manufacturers' Club of - Fayette County; Tenn.-to the Committee on War Claims~ Philadelphia, Pa.,, ii;i.dorsing House bill No. 887, to provide for add Also, a bill (H. R. 7474} for the relief of F. A. Jones, adminis ing and completing specimeru? and productions, etc., to b~ exhibited .trator of R. S. Jones, deceased, of Shelby County, f'enn.-to the in the Philadelphia museums-to the Committee.on Interstate and Committee on War Claims. · Foreigx;i Commerce. Also, a bill (H. R. 7475) for the relief of E. C. Oakley, adminis By Mr. BINGHAM: Resolutions of the Ma:Q.ufactnrers' Club of trator of W. H. Neal, deceased~late of Shelby County, Tenu.-to Philadelphia, Pa., urging the enactment of House bill No. 887 and the Committee on War Claims. - of Senate bill No. 417-to.the ~omniittee on Interstate and Foreign Also, a bill (H. R. 7476) for. t?-e relief of._the estate of . z~no T. Coi:nmerce. Harris, deceased-to the Comnnttee on Claims. . · Also, joint piemorial of the comm.ercial, maritime, and trade Also, a bill(H. R. 7477)fortherelief of S •. R .. McAlexa.nder, of bodies of Philadelp~, Pa., urging the estab~ishment of a new Hardeman County, Tenn.-to the Committee on War Claims. light-house at the southern end of the new breakwa~er ·of the By Mr. CUMMINGS: A bill (H, R. 7478) for the relief of Isaac national harbor of refuge, entrance of Delaware Bay-to -the W. Busey, of Washington, D .. C.-to t~e Committee on C~a!ms. Committee on Interstate and Foreign Commerce. Also, a bill (H. R. 7479) for the relief of John A. NarJes, of , By Mr. BRENNER: Petition of Joseph J. Pater, of Hamilton, Washington~ D. C.-to the Committee on the District of Columbia. Ohio, for the repeal of the stamp tax on prop-rietary medicines By Mr. DALZELL: A bill (H. R. 7480) for the relief of the legal to the Committee on Ways and Means. representatives of Tomlinson & Hartupee & Co.-to the Com By Mr. BURKETT: Resolution of the Manufacturers' Club of mittee on ·war Claims. Philadelphia, favoring the passage of House bill No. 887, in-the By Mr. GAINES: A bill (H. R. 7481) for the relief of the heirs interest of manufacturing and commercial industries-to the Com· of James M. Hinton, deceased=-to the Committee on War Claims. mittee on Interstate and Foreign Commerce. By ;Mr. GARDNER of Michigan: A bill (H. R. 7482) gr·ariting Also, memorial of South Omaha Live Stock Association, for the mcrease of pension to Caroline N. Lovejoy-:-to the Committee on removal -of ·the internal-revenue tax on notes and mortgages-tQ Invalid Pensions. the Committee on Ways and Means. By .Mr. HENRY of Mississippi: A: bill (H, R, 7483) for the relief By Mr. CHICKERING: Petition of clerks in the post·office at _of James T._Ellis, o(Rankin, Qi;mnty, Miss.-to the Committee 01? Watertown, N. Y., asking for the passage of House bill No. 4351, War Claims. for the classification of clerks in the first and second class pos~ By Mr. HAMILTON: A bill (H. R. 7484) granting a pension to offices-to the Committee.pn the Post-Office and Post-Roads. John W. Gregory-to the Committee on Invalid Pensions. By Mr. GRAHAM: Petition of post-office clerks at Allegheny., Also, a bill (H. R. 7485) for the relief of William E. Keene-to Pa., favoring the passage of House bill No. 4351, for the reclassi· the Committee on Military Affairs. : fication of postal clerks-to the Committee on the Post-Office and Also, a bill (H. R. 7486) granting a pension to G. W, Rqckwell~ Post-Roads. to the Committee on Pensions. Also, resolutions of the Manufacturers' Club o~ Philadelphia, By Mr. LONG: A bill (H. R. 7487) granting an increase of pen Pa., favoring the passag~ of House bill No. 887, for the promotion sion to Edwin Inscho-to the Committee on Invalid Pensions. of exhibits in the Philadelphfa museums-to the Committee on By Mr. McRAE: A bill (H. R. 7488) to pension John C. Ray, Interstate and Foreign Commerce. to the Committee on Invalid Pensions. · BiMr. GROUT: Petition o.t Rev. .Edw. 'L'. Fairba~ks ;i,nd_4B 1900. CONGRESSIONAL REOO_RD-_HOUSE. 1239 other citizens of St. .Johnsbury, Vt., for the passage of Senate bill Knightstown Sun, Terre Haute Express, State of Indiana; Roches· No. 34, relating to the prevention of cruelty to animals in the ter Post and Record, Northfield News, State of Minnesota; Mar District of Columbia-to the Committee on the District of Co- tinsburg Democrat, UIJ.ion Watchman, Sutton Democrat. Romney lumbia. Review, Kingwood Argus, Point Pleasant Regfater, of West Vir~ By Mr. HENRY of Mississippi: Paper to accompany House ginia; also Jamestown (N. .Dak.) Alert, Centerville Chronicle, bill relating to the claim of Joseph T. Ems-to the Committee on l\IelletteT.ribune, Huron Hmol)ite, of South Dakota; also Caribou War Claims. (Me.) Republican, Hailey (Idaho) Times; also Ashland Gazette By :Mr. LATIMER: Resolution of the board of health of the andPortCJintonRepublican,oftheStateofOhio; Eldorado Times city of Charleston, S. C., with reference to yellow feve_r in Habana, and the Wamego Times, State of Kansas, favoring the passage of Cuba-to tbe Committee on Interstate and Foreign Commerce. Hoµse bill No. 5029, relative to the free entry 'Of wood pulp im- Also, resolution of Branch No. 454, National Association of Let- ported for use in the manufacture of paper-to the Committee on ter Cai-riers, of Charleston, S. C., favoring the passage of Honse Ways and Means. bill No. 4911, to increase the pay of letter carriers-to the Com- ..By :Mr. SPARKMAN: Resolution of the Jack.sonville (Fla.) mittee on the Post-Office and Post-.Roads. , Board of Trade, in favor of the laying of competing cable lines to By 1\lr. McALEER: Resolutions of the J.:Ianufacturers' Club Cuba.-to the Committee on Insular Affairs. of Philadelphia, Pa., favoring the passage of House bill No. 887, I By' Mr. WADS WORTH: Petition of citizens of the town of for the promotion of exhibits in the Philadelphia museums-to the Orangeville, N .. 'Y., for legislation relating to dairy or food prod· Committee on Interstate and Foreign Commerce. nets-to the Committee on Agriculture. By Mr. McCALL: Paper to accompany House bill No. 7177, for By Mr. ZIEGLER: Petition of E. L. Eshleman, druggist, ask- the relief of John N. Breed-to the Committee on Invalid Pen- ing for the repeal of the stamp tax upon .proprietary medicines, sions. etc.-to the Committee o.n Ways and Means. By Mr. ME.RCER: Resolutions of Mannfactm:ers' Club of Phil- adelphia, Pa., indorsing Rouse bill No. 887, to provide for adding to and completing specimens and productions, etc., to be exhibited HOUSE OF REPRESENTATIV.ES. in the Philadelphia museums-to the Committee on Interstate and SATURDAY, January 27, 1900. Foreign Commerce. Also, resolution of the Chicago Federation of Labor, with refer The House met at 12 o'clock m. Prayer by the Chap1ain, Rev. ence to arid lands-to the Committee on the Public Lands. HENRYN. COUDEN, D. D. By Mr. MIERS of Indiana: Petition of ex-soldiers of the war The J aurnal of yesterday's proceedings was read and approved. residing in the State of Indiana, in opposition to the passage of MILITARY 1IOSPIT.A.L, FORT LE.A. VENWORTH, KA.NS. House bills 1746and1747, relating to the revision of the pension Mr. CURTIS. I ask unanimous consent for the present consid laws-to the Committee on Invalid Pensions. eration of House joint resolution No. 0. By Nr. NEEDHAM: Resolutions of the Chamber of Commerce The Clerk read, with the amendments reported by the Commit of San F.rancisco, Cal., in favor of the passage of House bill No. tee on Military Affairs,-the jointresolution (H. J. Res. 6) authoriz 3988, to reorganize the Weather Bureau-to the Committee on ing the Secretary of the Treasury to use 8100,000 of the-appropria Agriculture. tions for the support of the Regular and Volunteer Army for the Also, petition of the railway mail clerks of the State of Califor fiscal year ending June 30, 1900, for the construction of a modern nia, Los Angeles Branch, favoring the bill for the reclassification military hospital at Fort Leavenworth, Kans. of the Railway Mail Service-to the Committee on the Post-Office Mr. CURTIS. After the estimates were sent in last year the and Post-Roads. War Department made a special estimate of $100,000 for the con Also, resolutions ·of the San Diego, Cal., Chamber of Commerce, struction of a hospital.at Fort Leavenworth, Kans. relative to the reciprocity interests of the country-to the Com The following is the special estimate: mittee on Ways and Means. TREASURY DEl'ART.ME...~, OFFICE OF THE SECRET.ARY, Also, resolutions· of the San Diego, Cal., Chamber of Commerce, Washington, D. C., January 3,.1890. favoring the Nicaragua Canal-to the Committee on Interstate SIR: I have the honor to transmit herewith, for the consideration of Con and Foreign Commerce. gress, copy of a communication from the Secretary of War, of the 28th ulti.mo. submitting an estimate of appropriation ($.100,000) for the erection of a mod Also, resolutions of the San Diego, Cal., Chamber of Commerce, ern hospital at·Fort.Leavenworth, Kans. favoring the bill relating to food products-to the Committee on Re.spectfully, yours, -0. L . SPAULDING, Agriculture. . .Acting Secretary. Also, resolutions of the San Diego Chamber of Commerce, for The SPEAKER OF THE HOUSE OF REPRESE!!l"TATIVES. an appropriation for the measurement of streams in California WAR DEP.ART~TT, Washington, December f!B, 189S. and Arizona-to the Committee on Appropriations. SIR: I have the honor to forward herewith, Jor transmission to Congress, By Mr. NEVILLE: Papers to accompany House bill No. 6915, an estimate ($100,000) of appropriation for "Hospital construction," for the erection of a modern .hospital at Fort Leavenworth, Kans., required by the granting a pension to William C. Wilson-to the Committee on War Department for the .service of theiiscal year ending June 30, 1900. Invalid Pensions. Very respectfully, By Mr. SCUDDER: Petition of patrons of the post-offices at .R. A. ALG~R, Se.creta1-y of War. Woodhaven, Ozone Park, and Clarenceville, Stafe of New York, T.J?.6 SEORE4.A.RY OF THE TRE.A.SU:RY. for the establishment of the free-delivery system with the post Estimates of app1·opriations required for the sei-vice of the fiscal year ending office at Jamaica, and opposing House bill No. 3729-to the CQill June so, 1900, by the Surgeon-General United States Army. mittee on the Post-Office and Post-Roads. Hospital construction: By Mr. SHACKLEFORD: Petitions of.the publishers of the Clay For the erection of a modern hospital; for 100 beds, of stone and brick, at Fort Leavenworth, Kans., including heating, ventilat- CenterTimes,AshlandClipper,ErieSentinel,ManhattanMercury, ing, plumbing, wiring for electric lights, gas piping, elevator. Iola Register, Horton Headlight, Ottawa Republican-Times,,Vin dynamo, electric motor, bookcases, lockers. closets, mortuary, field Courier, Abilene News, Lincoln Sen tinel, Paola Times, Salina ambulance shelter, stable, etc. (Submitted)-··------· ·------~· - $100,000 _ Herald, Mound City Torch of Liberty, l\Iarion Headlight, Welling N OTE.-In ~xplanation of the fore~oing estimate the following communi cation of Maj. George H. Torney, Umted States Army, surgeon in charge of ton People's Voice, St. Marys Star, Pratt Union, McPherson Opin the post hospital at Fort Leavenworth, transmitted to·the War Department ion, Concordia Kansan, Clay Center Dispatch, Emporia Gazette, through military channels, is respectfully submitted: in the State of Kansas; also Rock Rapids Review, McGregor News, UNITED STA.TES ARMY POST HOSPITAL, Fort Madison Gem City, Winterset News, Farmington Herald, Fort Leavenworth, Kans., Novembe1· S7, 1893. Cresco Plaindealer, Clinton Advertiser, Fort Madison Democrat, Sm: I have respectfully to report that the post hospital now in use at this post is inadequate and of insuffic1en.t capacity for the requil.'ements of the sick Montezuma. Democrat, Reinbeck Courier, Orange Herald, Mar of this command. shalltown Reflector, Bedford Free Press, Chariton Democrat, It is what is known as a 24-bed army hospital, which at this moment con Creston America, Boone Democrat, Oelwein Record, Fayette tains 60 patients. In order to provide space for beds for the additional pa tients, the storerooms and rooms heretofore used for administrative purposes County Union, Grundy Center Democrat, Jackson Sentinel, Inde are being utilized, under many disadvantages. pendence Conservative, Spencer Herald, in the State of Iowa; The dining room and kitchen are, of course, too small for the use of the con also Marshall Statesman, Monroe Commercial, Fenton Independ valescent sick and the men of tlm hospital corps, rendering it necessary to ent, Romeo Observer, Caro Advertiser, Lansing Republican, serve two separate sittings for each of the three daily meals to seat all the men for whom provision must be made. Ludington Appeal; also Meadville Star, Blairsville Courier, When this hospital was constructed, it was intended to provide for the sick Montrose Republican, Grove City ReC'order, Shippensbm·g News, of a. coIIUD.all.d numbering between300and 400 men. The command now num Shamokin News, Mount Carmel Item, Milford Press; also Sedalia bers nearly 900.men, and will reach over 1,200 when the.regiment is recruited - to its.foll capacity. Its inadequacy is thererore apparent. ( l\Io.) Journal; also Mason News, Gonzales Inquirer, Texas; also At this time it is in need of extensive repairs in the way of repainting, re McMinnville New Era, Columbus Republican, Indiana; also Pied flooring, entire chan~e in the plumbing arrangements, involving a large in mont (8. O.) Sun-Herald; also Cape May Star, Trenton Gazette, crease in the closet accommodation (there being now only one water-closet for each ward), change in the. ventilation, etc., which will involve a large Pl'1infield Courier-News, Newark Advertiser, Passaic Record, outlay in money without increasing the capacity of the building for the care Morristown Express, New Jersey; also Perry Herald and News, of the sick. Randolph Register, Kingston F.reeman, Poughkeepsie Star, Mid In view of these facts, and the prospective increase of the number of men in this ~arrison, of the reestablishment of the school of instruction, and of dletown Times, Johnstown Republican,.State of New York; Rush the designation of this post as a place of rendezvous for troops returning ville Graphic, Fort Wayne Journal-Gazette. Union City Eagle, from the Tropics for recuI)eration of the health of the men who have been