4672 CONGRESSIO~AL RECORD~HOUS~. MAY 1,
observation does not apply in this case. No time has yet been fixed standing inuebtedness dne to him from certain bands of said Indians, which has never been paid to said Crooks, nor to his le~al representatives; and for Congress to adjourn, and it can not at present be said that this Whereas the said Ramsay Crooks, in his lifetune, tiled said claims in the is the last month of the session. office of the Commissioner of Indian Affairs, showing that there was due to At the same time I suggest to the Senator that he agree that the him from the Pllla~er and Lake Winnebagoshish band the sum of $6,410.80, and from a certain other band, known as the Chippewa Indians of the Missis Senate shall meet to-morrow at the usual time (to-morrow being sippi, the sum of $3,308.82, making a total amount of such indebtedness of Saturday, it will be almost impossible to get Senators here earlier $9,TI0.62: Therefore than that hour) and proceed with the bill immediately after the B e i t enacted, etc., That there be, and there hereby is, appropriated, out of the Treasury of the United States, from any money not otherwise appropri ordinary morning business is concluded, which will consume a ted. the sum of $9.TI9.62, to enable the Secretary of the Interior to examine some ten or fifteen minutes. Then let the general discussion go said claims a gainst the Pillager and Lake Winnebagoshish band of Indians in on until half past 2 o'clock, and after that under a ten-minute the sum of $6,410.80 a.nd the Chippewa Indians of the Minnesota band in the sum of $3,303.82, and l?ay said amount, or so much thereof as he shall find to rule, with the distinct understanding that we shall remain here be due, to the administrator of the estate of said Ramsay Crooks from the and finish the bill to-morrow night. The reason why I do not respective bands, and charge the same to any annu]ties or other moneys due, want to agree to fixing an exact time for a vote is because it or to becom e due, from the United Htates to the sa.id Indians, in such propor might exclude some amendments, as we know has been the case tions as shall be found to be due therefrom. heretofore under such agreements; but we can continue under The SPEAKER. Is there objection to the present consideration the ten-minute rule after half past 2 o'clock, or I have no objec of this bill? tion to the five-minute rule, provided· the amendment that is · Mr. DOCKERY. I think the report should be read. pending from the Committee on Naval Affairs in regard to the Mr. TAWNEY. The report is somewhat lengthy, a.nd if it price of armor is disposed of before half past 2. That amendment will satisfy the gentleman I can make a short statement of the I do not believe can be disposed of under the five-minute rule. facts and of the purpose of the bill. This bill is for the payment Mr. HALE. I will accept-- of a claim against the Chippewa and Winnebagoshish Indians of :M:r. GORMAN. We will agree to vote on the bill before we Minnesota. The bill has already passed the Senate, and has been adjourn to-morrowevening. . favorably reported by the House Committee on Indian Affairs. Mr. HALE. I accept that proposition. I wish to be entirely The claim is for supplies furnished to these two bands or tribes of reasonable in every respect. · Indians by Mr. C:tooks in his lifetime, and the only object of the Mr. GALLINGER. Before I can consent to any agreement, I bill is to authorize the Secretary of th~ Interior to inquire into and wish to make a statement. I have been in my seat for three con ascertain the exact amount due to the heirs of Mr. Crooks for the secutive days waiting to offer an amendment on which I desire to supplies furnished, and to pay the same and charge it to the be heard briefly, a little longer than five minutes, possibly fifteen account of these Indians, who have at this time large annuities to minutes, and I think it is due to my constituents that I should their credit in the Treasury. The claim was considered in· and have that privilege. I have neglected other busipess and have passed the Fifty-first Congress, and was reported favorably in the been here at my personal inconvenience listening to speeches to Fifty-second Congress. which I did not care to listen, not knowing when they might be Mr. DOCKERY. Do I understand the gentleman to say that completed, and while I am very desirous to have the bill finished, these Indians have a large sum to their credit now? I shall rather insist on my right to _offer the amendment and to be Mr.-TAWNEY. Yes, sir. heard upon it for about fifteen minutes. Mr. DOCKERY. The question arose in my mind, on hearing Mr. HALE. I will agree, so far as I can, as the manager of the the bill read, whether or not it was specific and clear enough. . In bill, that after disposing of the present amendment the Senator's other words, whether byimplicationit did not require the Govern amendment shall come up next, so that he shall have the oppor- ment to .make payment of this amount, and then, if any funds tunity he desires. - should be placed to the credit of these Indians hereafter, to charge Mr. GALLINGER. All right. it up against them. Mr. HALE. · I accept the suggestion of the Senator from Mary Mr. TAWNEY. I am informed that these Indians have a large land [Mr. GORMAN 1. amount of money to their credit at the present.time. The PRESIDENT pro tempore. The Senator from Maine [Mr. Mr. DOCKERY. Has this bill been referred to the Commis HALE] asks unanimous consent that the pending bill may be taken sioner of Indian Affairs or the Secretary of the Interior? up for consideration immediately_after the ro:utine business to Mr. TAWNEY. It hasbeen beforetheDepartment. !twill be morrow morning; that its consideration shall be continued until observed that this bill simply authorizes the Secretary to ascertain 2 o'clock under the ordinary rule, but after 2 o'clock the debate the amount actually due, and provides that the amount so ascer shall proceed under the five-minute rule, and that the bill and all tained shall be paid and charged to the account of these Indians. amendme-nts shall be disposed of before adjournment to-morrow Mr. DOCKERY. Does the report contain a letter from the night. Is there objection? Commissioner of Indian Affairs or from the Secretary of the Mr. SQUIRE. I wish to say that I have one or two amend Interior approving this bill? ments which I wish to present. . Mr. TAWNEY. It does not contain anything from the present Mr. HALE. The Senator from Washington shall have an op Secretary of the Interior, but the claim has been approved bv the portunity to get in his amendments. Department in past Administrations. One of the members of the The PRESIDENT pro tempore. Is there objection to there Committee on Indian Affairs, the gentleman from New York quest of the Senator from Maine! The Chair hears none, and it is fMr. FISCHER], informs me that the present Secretary has approved I!IO ordered. _ . this bill. . . Mr. CHANDLER. 'I am authorized to move the pending amend Mr. FISCHER. My recollection is that this bill has the. ap ment by direction of the Committee on Naval Affairs; and in order -proval of the Secretary of the Interior. !will state that that I'ec that it may be within the rule, I ask that it may be referred to the ollection is founded upon the fact that the committee has recom Committee on Appropriations. mended no bills at this session that have not had the approval of The PRESIDENT pro tempore. The amendment will be re the Department. I am satisfied, therefore, that this has gone to ferred to the Committee on Appropriations. the Department for approval. Mr. HALE. I move that the Senate adjourn. . Mr. DOCKERY. But the committee have no communication The motion was agreed to; and (at 5 o'clock and 35 minut-es in writing from the Secretary of the Interior_ approving the bjll? p. m.) the Senate adjourned until to-morrow, Saturday, May 2, Mr. FISCHER. All approvals from the Department are in ' 1896, at 12 o'clock meridian. writing, and possibly I can find this one in the committee room. The Department does not send us any merely oral approvals. Mr. DOCKERY. Several gentlemen around me suggest a HOUSE OF REPRESENTATIVES. query which I will propound to the gentleman in charge of this bill for their information: Why has not this claim been paid here FRIDAY, May 1, 1896. tofore? The House met at 12 o'clock m. Prayer by the Chaplain, Rev. Mr. TAWNEY. In reply to that I can only say that after the HENRY N. COUDEN. supplies were furnished, Mr. G'rooks went to the West Indies, re The Journal of the proceedings of yesterday was read and ap mained there for some time, and died there. After his death. his proved. estate was administered, and the heirs, who were at that time RAMSAY CROOKS. scattered all over the country, could not and did not take imme Mr. TAWNEY. Mr. Speaker, I ask unanimous consent for the diate action to recover this claim, but as soon as they could they -present consideration of the bill which I send to the Clerk's desk. did take such action, and since that time they have been proceed The Clerk read as follows: ing diligently in the prosecution of their claim before Congress in A hill (8.115) for the relief of the estate of Ramsay Crooks. order to secure its adjustment by giving the Secretary of the In Whereas Ramsay Crooks, late of the State of New York, was, during the terior authority to ascertain the amount and to pay the same out years 1842 to 1847 ~nclusive, a duly aut!J.orized .and lic~nsed t~ader, doing.busi of the annuities due these Indians. ness with the Indians of Lake Superwr, durmg which-perwd he furmshed Mr. DINGLEY. When were these supplies furnished? said Indians a large amount of supplies necessary for their subsistence, and to enable them to carry on the chase; that in the year 18!8 he was succeeded Mr. TAWNEY. In 1845, I think. The date is set forth in the by others as traders for said Indians, whereby of necessity he lett an out- report. 1896. CONGRESSIONAL . RECORD~HOUSE~
Mr. LOUDENSLAGER. Who was Mr. Crooks? SEC. 3. That the first election of such Delegate shan be held on the 1st day of October, in the year 1896, and thereafterwards such elections shall be held Mr. TAWNEY. He was a licensed trader with the Indians, on the first Tuesday of September in each year when the members of the and these supplies were furnished to these tribes. In fact, the House of Representatives are chosen. · amount claimed by the estate is larger than the amount in the bill. . SEC. 4. · That the governor, United States district judge, clerk of the dis trict court, and United States :marshal of the district, immediately after the Mr. CANNON. Let me read this to the gentleman from this passage of this act, shall establish polling places, located as conveniently as claimant's own statement: may be, for the general accommodation of tbe voters the whole number of For the balance due and remaining unpaid for the merchandise furnished such polling places not to exceed lOU for the first electwn,1 and shall prescribe them in the course of the trade carried on with them by the agents of the regulations for ascertaining the qualifications of voters and for holding the American Fur Company from the year 1817 to 1841, inclusive, when myself elections, which shall be binding upon the officers conducting the same. and associates a ssumed the business and carried it on with th£>se Indians to They shall also appoint an election board for each polling place, composed of the same extent as for the preceding twenty-five years, say $206.80 per an a judge, two inspectors, and two clerks, not more than three of whom shall num for twenty-five years, amounting in all to $5,170, and from the year 1842 belong to the same political party, so far a<; it shall be found practicable to to 1848, when the trade passed f1·om mine to the hands of Charles W. Borup obtain suitable persons of different lJOlitical parties. . and Charles H. Oakes, six years, at S2()6.80, $l,Z.W.80, making together ~.410.80. The governor shall, by proclamation, give sixty days' notice of the time when and of the polling places where the election shall be held, and shall also And so on, and so on. This man seems to have been the as issue the necessary instructions to the election boards in conformity to the signee of the American Fur Company, and this claim goes back regulations aforesaid. into ancient history. I must object, Mr. Speaker. SEc. 5. That all male citizens of the Unirod States who shall have attained the age of 21 years, and who shall have been actual residents of said District The SPEAKER. Objection is made. · for four months last prior to the election, shall be entitled to vote by ballot WILSON VS. M'LAURIN. at one polling place and no more, at each election, for a Delegate to represent said D1strict of Ala.ska in the House of Representatives of the United States_ Mr. CODDING. Mr. Speaker, I desire to present a report from SEC. 6. That the election boards shall make return forthwith by mail and the Committee on Elections No. 3, in the case of Joshua E. Wilson such other convenient method of transmission as they may deem trust vs. John McLaurin. The resolutions in the report represent the worthy, of the results of the election at their several polling places, to the clerk of the United States district court of said District, who shall compile unanimotis sense of the committee, and I ask for immediate action. the same and report to the governor the number of ballots cast for each The SPEAKER. The Clerk will read the resolutions. candidate; and the person havin~ the greatest number of votes cast by the The Clerk read as follows: electors qualified as herein prov1ded, returns of which .,;hall have been re Resolved, That Joshua E. Wilson was not elected a Representative in the ceived on or before the second Tuesday of November next following the Fifty-fourth Congress from the Sixth Congressional district of South Carolina, election, shall be declared elected by the governor, who shall issue his certifi and is not entitled to the seat. cate accordingly. Resolved, That John McLaurin was elected a Representative in the Fifth SEc. 7. That the expenses incurred in carrying the foregoing provisions fourth Congress from the Sixth disti·ict of South Carolina, and is entitled to into effect, not exceeding $25 at any one polling place, including posting of the seat. · notices and making and transmitting the returns of election therein nor $3,000 in the aggregate for the election in the entire District, shall be audited The question being taken on agreeing to the resolutions, they and paid out of the Trea-sury of the United States. · were agreed to. ~EC. 8. That this act shall take effect on its passage. ELECTION CONTEST-MURRAY VS. ELLIOTT. The SPEAKER. Is there objection to the present consideration Mr. OVERSTREET. I desire to submit a privileged report. of this bill? · The Committee on Elections No. 3 have directed me to submit Mr. PERKINS. I do not propose to object to the consideration their report on the contested election case of Murray vs. Elliott, of the bill; but if it be considered I shall ask a little time to pre from the First Congressional district of South Carolina. I ask sent my views·with reference to it. that the report be printed and that consent be given to the mi Mr. HENDERSON. Unless there is some agreement as to the nority of the committee to submit their views at any time before time to be occupied (and it must be a brief time) it will be mv this case is called up for consideration. duty to object, because ·of the special order. w The resolutions appended to the report of the committee are as Mr. SCRANTON. How much time does the gentleman suggest? follows: Mr. HENDERSON. If the bill can be disposed of in thirty or Resolved, That William Elliott was not elected and is not entitled to a seat forty minutes-say thirty minutes-! shall be willing to let it go in the Fifty-fourth Congress from the First Congressional district of South Carolina. forward; otherwise, in justice to the special order and to those Resolved That George W. Murray was elected and is entitled to a seat in interested in amendments, I shall feel it my duty to object. the Fifty-rourth1 Congress from the First Congressional district of South Mr. SCRANTON. If we can have forty minutes, I think that Carolina. · time will be sufficient. The SPEAKER. The report of the committee will-be ordered The SPEAKER. The gentleman from Pennsylvania [Mr. to ba printed and refened to the House Calendar. If there be no SCRANTON] asks unanimous consent for the present consideration objection, the minority of the committee wilF have leave to file of the bill just read and that a vote be taken on it in forty min their views at any time before the case is called up. utes. Is there objection? The Chair hears none. There was no objection. The House proceeded to the consideration of the bill. CHANGE OF REFERENCE. Mr. SCRANTON. Mr. Speaker, the Committee on the Terri On motion of Mr. HALL, by unanimous consent, the Commit tolies, during a series of well-attended meetings within the past tee on the Post-Office and Post-Roads was discharged from the three months, has given patient and thorough attention to the further consideration of the bill (H. R. 6307) to amend section 4 of condition of Alaska. Of the many measures of remedial legisla the act approved March 2, 1895, being an act amendatory of an tion proposed for her people the committee has selected the bill act with reference to the postal service; and the same was referred now presented for consideration of this House, and, with but a to the Committee on the Judiciary. single dissenting voice, has indorsed a request for favorable action. BRIDGE ACROSS TALLAHATCHIE RIVER, MISSISSIPPI. It has seemed to us that the time had come when something should Mr. KYLE. I ask unanimous consent for the present consid be done for Alaska. and that the best way to help her was to en eration of the joint resolution (H.-Res.137) declaling a certain able her citizens to help themselves by a -your committee deem it proper to enlarge somewnat upon the views thus The people of the District of Columbia, a less inlportant community to the briefly and forcibly stated by the committee of the Fifty-third Congress. country at large than Alaska, have two great commi ~ te~ s of Congress con The District of Alaska has a surface area of 577,000 square miles, or one stantly at their service and are in close contact with all departments of the sixth that of the whole United States and Territories, and by itc; location is of Government. commanding importance to our future commercial and political relations. Thus it aJl~ears that this great and increasing body of isolated American Independent of 1ts internal resources, it is essentially an outlying dependency, citizens, holding a position and possessing and r epres:mting inter-ests not in the very last part of our domain which we can afford to neglect or leave to ferior to those pf many of the States,loC'al and to t h e nation at large, preJ ent the control of its sparse population. This peculiar circumstance of itself ren and prospective, and who now require r epr esentation more than any other, ders the pr esence of a well-informed Delegate indispensable upon this floor. is the only portion of 0111' countrymen who, like aliens and wild Indians, are The resources of Alaska in gold, iron, and coal are already known to be very absolutely and of many others who know the situatio_n, have pr_a~ed for her this privi The SPEAKER. The Clerk will report the amendment, after lege'- if, indeed, it be not an inherent right-a privilege the exerCise of w hich is as important to the country at large as to herself. . which the Chair will ask consent. They are the only body of American citizens who have nC? vo!('e whatever The Clerk read as follows: in themakingo~ the la:ws by which the~ are governed, !illd, m_VIew of all tho On pa"'e 4 of the bill insert, in line 6, after the word "audited," the words precedin~ considerations, your committee ur_ge the Immediate passage of " by the"'proper accounting officers upon the approval of the governor." this bill m order that the necessary preparatiOns may be made for u.n elec tion next October. The SPEAKER. Is there objection to the offering of the amend- ment? :M:r. SCRANTON. :Mr. Speaker, I as~ that the Temainder of There was no objection. the report be prmt~d in the RECORD Without reading, as I find The SPEAKER. Is there objection to the amendment? that it will take up more time than I have to spare. . Mr. McCREARY of Kentucky. I object. The SPEAKER. The gentleman is at liberty to dispense With Mr. DOCKERY. Oh, I hope the gentleman will not object to the reading of the report-- . this amendment. :Af.r. :M:ci .. /IILLlN. Mr. Speaker, I would like, before proceed;ing Mr. McCREARY of Kentucky. What is the purport of the with this any further, to ~k the ge?~le~an froD? Pennsylvam:t a amendment? questioiY. I see that there IS a proVISIOn m the bill for the election Mr. DOCKERY. Simply to direct the governor to app1·ove the of a Delegate to represent that part of the T~rritory at th~ remain vouchers of the election expenses. der of this session of Congress as well as m the next Congre~s. Mr. McCREARY of Kentucky. . Very well; I will not object to Now, does the gentleman think it ~ould be desirable to put m operation the machinery of an election to supply a Delegate from that. The SPEAKER. Is there further objection to the amendment? that Territory for the remainder of this Congress? An?- d~s he think it advisable, especially in view or the fact that It will. be There being no objection, the amendment was agreed to. Mr. PERKINS. :M:.r. Speaker, this is a bill of such general necessary to change the date of the electio? ~om that on wh:ch the election is usually held? Does he not thmk It better to proVIde importance that it seems to me it would have been quite proper a Deleaate to be elected to take his seat at the beginning of the to have given more time for its consideration. As a member of the Committee on Territories, in the consideration of this bill I regula~ session of the next Congress, ii1Ste3:d of going throu&"h the could not bring myself to believe that it was prudent or wise form and putting in operation the ~achmery of an electiOn to action for this House to make the provision recommended here provide one for the ninety days of this Cm~gress? for a Delegate from the Territory of Alaska. I think that the Mr. SCRANTON. I will reply by askmg the gentleman a~ report, a portion of which has been read, itself establishes the other ques~ion. Do you not thmk that it would be a good busi jncompetency of Alaska for Territorial relatiollil. I read, Mr. ness operation too-eta large share of work out of a Del~gate, at proportionate cost at this term of Congress-work that Is neces Speaker, from the report: sary to be p f'-rform~d for the benefit of that Territory-rather than We have, then, a population of at least 10.000 white Americans- . to wait for the regular session of the next Congress? So far as that is concerned, that is an estimate. The alleged Mr. McMILLiN. Well, Mr. Speaker, my observ~tion has ~ed census in Alaska in 1890 gave 4,298. The governor, in his report me to conclude, and my exnerience has shown m_e m connection in 1895, estimates the white population at 8·.000. It is. ass~ed with such matters in this House, that men commg to Congress that it has increased since that time by rBason of some Immigra for the first time, and occupying their seats for the ninety days of tion to the Yukon Valley. But never mind- the short session-the closing days of the Congress-wh~n they nearly all of them citizens of the United States, and by reason of the abo are not familiar with the work of Congress are not _very_ likely to sence of their families- accomplish anything of importance. I do not belu~ve 1~ can be They are there temporarily, a migratory people done. I have never seen it done yet, and do not thrnk It worth an unusual number- while to try the experiment now. The report continues- Furthermore, I would suggest that the gentlem~n does_ not seem are entitled to vote, with a pr08pective increase to which no limit can be to take into consideration the remoteness of this Ten·Itoi·y, the placed. difficulty of getting here, the time that wil} necessa~ily trans-pire Now mark you- before an election can be held, the machmery put m operatwn, inhabiting ~nd developing a region comprisin,g one-sixth: the area of tp.e and the Dele()'ate arrive. It seems to me if wepassthis bill at a~l United States, stretchmg along and commandmg the Pamfic Ocean and 1.ts that it should be prospective in character and apply not to this principal lines of commerce for all time, yet so situated that by l'eason of her vast extent and great difficulties of iutercommunication. her lack of agricul Congress, but to the coming Congress. tural capabilities, which are the foundatiOn of states, the diverse elem..ents Mr. :McCREARY of Kentucky. What has become of the read of her p >pulation, largely such :lS are at present in~dmissibl~ to American ing of the report, which was commenced? Citizenship, they c:An probably never become a Statb m the Uruon, or even be The SPEAKER. The gentleman-from Pennsylvania has with benefited by a Territorial form of government-certainly not for many ye&-1'8 drawn the request for the further reading of the report. to come. Mr. McCREARY of Kentucky. I listened to this ~port as far Therefore we have an admission in this report, supported by as it was read, was quite interested in it, and would like to hear all the evidence produced by the most ardent friends of thismeas tue, that Alaska can never be grant.ed a Territorial form of gov the rest of it. . . ernment. The SPEAKER. The gentleman from Pennsylvama IS, of course, entitled to present his views in such manner as he sees fit. Now, whom will this Territorial Delegate represent? There is If he has presented to the Ho~e all of ~he report that he. saw now practically no civil government in Alaska. There are, as we proper to present, he has the right to Withdraw the remamder tmderstand it, no citizens in Alaska. There are no homes there. of it. There are no titles to property. There is no system of taxation. Mr. McCREARY of Kentucky. If I can have time to read the But so anomalous is this condition of things, that it is provided that we shall place the elective system in the hands of a commis rest of the repm·t, before I am calle_d "!lpon to vote, I w~uld n~t sion consisting of the governor, the judge of the supreme com·t, probably object to the bill. l\Jld I rns1st ~pon the r~ading of It unless by unanimous consent It has been dispensed With. the clerk of the court, and the marshal, who shall make regula The SPEAKER. The Chair thinks that the reading of the r e tions for this election-an election in a Territory one-sixth of the port does not require that kind of proceeding. area of the entire United States, with no comm-mication in the Mr. :McCREARY of Kentucky. Then I will take the floor and interior, and communication practically impossible. They shall have it read in my own time. establish polling places, and the returns shall be made to these The SPEAKER. But the gentleman can not take the gentle gentlemen; and it is provided that the election shall be in Septem man from Pennsylvania off the floor. ber. The gentleman from Tennessee [Mr. McMILLIN] inquired Mr. McCREARY of Kentucky. Will the gentleman from Penn as to why it should not be held in November. It would be utterly sylvania vield me the floor for a short time? impossible. There is no communication there. You might just Mr. ScRANTON. I have but forty minutes altogether- as well provide in this bill that Alaska should be represented by a Delegate on this floor as the result of a town meeting in Sitka or Yr. PERKINS. Mr. Speaker, it appears that the gentleman Juneau as by an election in the manner provided here. from Pennsylvania has control of the forty minutes allowed by Alaska now belongs to the United States. It js the property of the House for the consideration of the bill. I hope the gentleman the United States, and if we have a representative from Alaska he will bear in mind that I would like a few minutes myself. ought to be a representative of the United States Government. Mr. SCRANTON. Certainly. How much time-fifteen min Therefore I think this great Territory in its present condition utes? should remain under the control of the Government of the United 1\Ir. PERKINS. It would not be unreasonable, I think, to ask States. It should be repreRented here by the great departments of fifteen minutes. the Government, and not by a selected agent of the Alaskan compa Mr. SCRANTON. I yield to the gentleman from Iowa :fi.ft.een nies. There may be some advantage to the gentlemen who have minutes, and reserve the balan0e of the time. gone there for speculative purposes, but no Delegate from Alaska Mr. DOCKERY. Iwouldlik~tobeallowed, beforethatisdone, can represent a fixed 1JOpulation as we understand it in the United. with the consent of the gentleman from Pennsylvania, to suggest States, can represent in this Congress tbe interests of the United au amendment to be added at the close of the bill. States, because they will come in conflict with those companies 4676· CONGRESSIONAL ·RECORD-HOUSE. ~fAY 1, now seeking to enrich themselves in the mines and in the salmon companies to have access to this floor and to our committees for· fisheries. It is represented tb.at· these companies engaged in the the purpose of advancing their interest against the interest of the fisheries there are denuding the streams and leaving the people of United States in that Territory. that Territory, the real settlers there, to starvation; and so we The SPEAKER. The time of the gentleman has expired. have representations here from the Treasury Department, asking Mr. McCORMICK. I -would like to ask the gentleman a ques· this Congress to make provision for the protection of those salmon tion before he takes his seat. fisheries against the raids of these companies. Mr. PERKINS. My ti~e has expired. Mr. McCREARY of Kentucky. Mr. Speaker, I should like to Mr. McCORMICK. Let me ask the gentleman from Iowa if ask the gentleman a question. the first ele~tion in ea-ch of our Territories has not been attended The SPEAKER. Does the gentleman from Iowa yleld to the with difficulties of many kinds? gentleman from Kentucky? :Mr. PERKINS. Not equal to those to be encountered in Mr. PERKINS. I will yield. Alaska. · Mr. McCREARY of Kentucky. Have there been any petitions Mr. SCRANTON. Mr. Speaker, this detached territory of so sent here from Alaska asking for this legislation? great proportions, with its immense coast line, purchased of Mr. PERKINS. I am glad that the gentleman asked that ques Russia for 87,200,000 by Secretary Seward in 1867 and mimed by tion. To my knowledge not a petition that could be said to ema Charles Sumner Alaska, is a valuable possession. It has repaid nate from Alaska has been presented here. The gentlemen who us richly for the investment and is entitled to our protection and are interested in the industries of Alaska have been here. I hold fostering care. Congress has legislated for its native Indians, its in my hand three reports of the governor of Alaska, and not in Russian half-breeds, its salmon, seal, and reindeer, but beyond one of those reports is there a suggestion of a Delegate from the granting an incomplete and inadequate form of civil government Territory of Alaska. The reports which I have are for 1893, 18!)4, in 11:!84 nothing has been done for its white citizens. Since the and 1895. rich gold development in southeastern Alaska thousands have Mr. SCRANTON. Will the gentleman yield? b een attracfed to its mining camps and towns and to-day its Mr. PERKINS. I have not the time. I will tell you what they white population is estimated at 10,000. ask. They ask for the appointment of a commission to formulate The residents of Alaska have repeatedly memorialized Congress some sort of civil government for the Territory of Alaska. Here for rights and privileges to which they are entitled as American is the recommendation of the governor: citizens. These memorials have been expressions of the people of Therefore I would recommend that Congress, either by joint resolution or Alaska, without regard to party affiliation. in Territorial conven by bill, empower .the governor of the Territory to appoint a commission of tion assembled. These conventions have each time chosen a Dele five members, who shall be residents of Alaska, and whose duty it shall be to formulate amendments to the organic act of May 17, 1884,, and also to prepare gate to come to Washington as their representative. The first a codeofJa.ws, both civic and criminal, for the government of the Territory; instance I have alluded to was in 1882; the last was at Juneau, which amendments and code of laws shall be submitted to Congress for their N m.-ember 5, 1894. In every instance their first and paramount approval. and unless approved by act of Congress, said amendments· and laws shall be null and void. . request has been for representation in Congress by a Delegate to be elected by the people. Mr. HENDERSON. Whose recommendation is that? Mr. TRACEY. I would like to ask the gentlemen a question, Mr. PERKINS. That is the recommendation of the governor with his permission. of the Ten·itory. Mr. HERMANN. Will the gentleman permit an inquiry? The SPEAKER. Does the gentleman from Pennsylvania yield Mr. PERKINS. Yes, sir. to the gentleman from Missouri? Mr. HERMANN. I will say. to the gentleman that perhaps Mr. TRACEY. I would like to ask the gentleman a question seven-eighths of the capital invested in the Territory of Alaska is for information. from the people on the Pacific Coast, and perhaps seven-eighths- Ml.·. SCRANTON. I have not much time to spare. Mr. PERKINS. I do not know about that. I can not yield to Mr. TRACEY. Who are the people of Alaska, and about how the gentleman for a statement. many of them would likely participate in an election held to elect Mr. HERMANN. And perhaps seven-eighths of the popula a Delegate to Congress? tion of Alaska is from the Pacific Coast. I will ask the gentle Mr. SCRANTON. I think I will answerthatlaterin the course man whether any pPtitions or memorials are here before his com of my remarks. I hold in my hand a certified copy of the pro mittee from any of these people who are interested in that Terri ceedings of the convention at Juneau, at which the:v elected tory? ColonelNowell,a mining operator, to represent them in Washing Mr. PERKINS. None whatever. ton. Mr. COOPER of Texas. I would suggest to the gentleman that They need a new code of laws, extending to Alaska the laws of possibly these corporations do not want representation. May it Oregon, amending jurisdiction of United States commissioners' not be the miners who are there? Are there not 20,000 miners in courts, securing appeals in civil cases from United States com Alaska who want representation? missioners' courts to United States district courts. They want a Mr. PERKINS. The gentleman is a member of the Committee land office, mail facilities, high liquor licem;e, and the right of on Territories and knows very well from what source the pressure acquiring a homestead to actual settlers on unoccupied lands, and has come for this representation. much else. But above all they ask for representation in Congre s. Mr. DOCKERY. Can not the gentleman tell us who it is? In their opinion that is their proper starting point, and after gain Mr. KNOX. Let the House understand where it is from? ing it other needed aid will follow. Mr. PERKINS. The gentleman is a member of the committee It is argued against them that it will not do to trust these and I do not need to explain to him. . 10,000 American voters with the ballot, lest they should be Mr. KNOX. Why should you not? You have the whole time. corrupted by corporate influence and elect as Delegate some cap Mr. PERKINS. I know this-that no representation from the italist whose wealth is employed in developing the gold mines of Territory of Alaska, except as brought here by those living in the Alaska, and in thus contributing to support the people and to East and rep1·esenting mining industries out there, has come before attract others thither. Suppose they should elect some such rep our committee. Nothing like a petition of citizens. resentative of the money power which has peopled Alaska with Mr. KNOX. I will ask the gentleman, Do you not know that white American citizens, and suppose further that their chosen this bill has the approval of the Secretary of the Treasury? Delegate was a nonresident of Alaska during the severe winter Mr. PERKINS. I know nothing of the kind. months. Does it follow that such a person would not ably, credit Mr. KNOX (contj.nuing). And the Assistant Secretary of the ably, and acceptably serve his constituency? Are not their inter Treasury (Mr. Hamlin), who went to Alaska, and who asks for ests identical, although the one may be rich and the many poor? the appointment of this Delegate? Why do you not tell the House Or would the blatant demagogue be preferable, whose self that? · appointed guardianship over the people is always mischievous and Mr. PERKINS. I am willing to say that Assistant Secretary disappointing. The hardy miners, fishermen, and traders of Hamlin was before the committee. Alaska can be as safely trusted with the ballot as can the voters Mr. KNOX. Very well; why do you not tell this House that of any section of our country. The people can be depended upon this bill meets with the approval of those who have any experience to attend to the personnel of their representative in Congress, in looking after the interests of the Government there? and no argument to the contrary can be made which will not Mr. PERKINS. I say, Mr. Speaker, that it is practically im apply to districts all over the United States. possible to hold anything like a popular election in that Territory. This cheap statesmanship would not be tolerated in any country Everyone who knows anything about that Territory will appre but ours. When Russia owned Alaska her soldiers garrisoned its ciate and realize that fa-ct. If we are to have a Delegate here, let gateways, the Czar·s edict none dared question in her waters, there us have him in an honest way. Let the governor appoint him, was no piracy of sea1s from Russia. Ten years after we a~quired or the Secretary of the Treasury appoint him, or the people in Alaska our troops were withdrawn; it has had no military post Juneau or Sitkit designate who he shall be, but such a thing as a since; it has no telegraphic communication with the rest of the popular election in the Territory of Alaska is out of the question. world and only one light-house on its whole coast. Had· not Presi 1 do not believe that it is to the advantage of this Congress or dent Polk receded from his pledge to establish our northern bound this country to appoint a Delegate or to permit the agents of these ary at "Fifty-four forty or fight," there would to-day have been 1896. CONGRESSIONAL _RECORP- - HOUSE. 4677 no British Columbia and the United States would have had con~ place in our national conventions of this year. · Does not this tinuous frontage on the Pacific Ocean from the southern line of precedent commit both Republicans and Democrats to the policy California to Bering Strait. Had the map been constructed as of giving her a voice in this House and to the passage of this bill? any nation but ours would have compelled it to have been, we In order that the Government may grasp and make available to would have had no piratical destruction of our rich seal fisheries capital and industry the resources that are within easy reach in and no Bering Sea question for arbitration. There would have that Territory it is of great importance that Congress should take been no Canadian Pacific Railway to divert American traffic and immediate steps to accord her a Delegate who can give informa no Canadian Pacific steamship lines to share our coast and ocean tion a.s to what can be done and should be done in Alaska's trade. As it is, Great Britain has 600 miles of coast between Wash interest. ington and Alaska, and since the gold development in southeastern Mr. Speaker, Alaska will produce more gold this year alone than Alaska, she has trumped up a dispute over the boundary line and the price paid for it. Last year her gold outputwas between four would crowd us into the Pacific Ocean and rob us of most of our and five millions, and this year it will exceed$7,000,000. She has Alaskan gold. eight corporations mining gold, all of them representing American Let us look after our own; this is natural, it is right; nay, rather, capital excepting the Treadwell, one-half of which is oWned in it is our duty. Let us give this great Northwest Territory a·voice Europe. They employ 2,000 men, have 540 stamps, and are pro to represent it on this floor. We have lost too much already by ducing now $3,000,000 of gold a year. The placer miners greatly a penny-wise and pound-foolish policy to suffer its continuance. outnumber the quartz miners, and represent 7,000 men at work on The expense of the proposed election is well guarded in the bill, their own account. These 7,000placer miners average $1,000 profit being limited to $3,000, and probably will not exceed $2,000; This each per year above their living and other expenses, thus giving cost is a small item in comparison with accruing benefits. If to the world seven millions more annually of gold. Alaska's con Alaska is worth having, it certainly is worth caring for and fos tribution of gold during 1896 may reach $10,000,000. Her fish and tering. What is Alaska's value to the United States? furs will yield five million more. The prospects of Alaska's future First, let us consider the great importance of Alaska, by reason are wonderful; her recent development is marvelous; her people of its geographical location and characteristics, to the commercial are of the best class of hardy pioneers~ necessarily, because of the prosperity and common defense of the whole country. San Fran cost and difficulty of getting there. They are thorough Ameri cisco is situated easterly of the center of our possessions and cans, who will fight if need be for our rights as a nation. They Alaska flanks the great line of Pacific travel between America look to Congress for the privileges guaranteed to American citi- and Asia. The Aleutian Islands extend within less than 1,000 zens. Let their appeal be no longer in vain. · miles of the Asiatic ports, and the naval and coaling stations, Mr. McCREARY of Kentucky. Mr. Speaker, I would like to really important to us in the control of the commerce and domin ask the gentleman from Pennsylvania a question. ion of the Pacific Ocean, must be located upon Alaskan soil. Alaska Mr. SCRANTON. I hope the gentleman will be brief. is the Gibraltar of the Pacific Ocean; and if we properly appre Mr. McCREARY of Kentucky. What necessity is there for ciate and utilize her natural advantages it matters little to us who the election of a Delegate in October? Why not amend the bill so controls Hawaii or any other of the Pacific possessions. Pearl as to provide for the election of a Delegate at the next Congres Harbor, in the Sandwich Islands, is 2,000 miles south of the great sional election? northern route of Pacific travel. The superb harbor of Unalaska Mr. SCRANTON. The election is to be held at the next election. is within 100 miles of the same route and is 1,000 mHes nearer to Mr. McCREARY of Kentucky (continuing). He would only Asia. Unalaska is one of the great harbors of the world, and be here three months, and then it would cost, as I understand, there is likely to be the actual location of the ''sea power" of the some $5,000 or $6,000 for him to come here. · Pacific Ocean hereafter. Coal is found in various parts of Alaska, Mr. SCRANTON. That is not a material point. and it is most likely not only that she will supply her own coaling Mr. McCREARY of Kentucky. Before you take your seat I stations, but also those of the Pa.cific Ocean generally. hope you will-accept an amendment of that kind. · Again, despite the fact that in Alaska land can neither be bought Mr. SCRANTON. If an amendment of that kind is offered I nor preempted (thus virtually prohibiting immigration), that its will accept it. lumber can not be exported, and ~hat mining and fishing are the The SPEAKER. It will be necessary, if the gentleman accepts only industries permitted, yet Alaska stands alone among our the amendment, to have it presented at once. "bloodless acquisitions" in having yielded a revenue from the be Mr. McCREARY of Kentucky. I have an amendment I want ginning. The lease of the tiny seal islands has yielded 4 per cent to offer to the second section, providing for the election of a Del interest on the sum originally paid for the whole Territory, which, egate at the next regular election, and to dispense with the elec in the end, has returned an equal amount-seven millions-to the tion in October. Treasury. For more than ten years the gold mines have been pro Mr. PERKINS. I will say, if the gentleman will allow me, ducing an average of $1,000,000 a year; and for the past ten years that the climatic conditions are such in that Territory that they the salmon and other fisheries have yielded an annual product can not possibly hold an election inNovember. The bill provides valued at $2,000,000. for an election in September. Since the United States purchased Alaska, that almost unknown Mr. McCREARY of Kentucky. The bill provides to elect at region, extending "westward to the far East," has contributed the October election, but it also reads that the election shall be from ninety to one hundred million dollars to the wealth of the held on the first Tuesday in September in each year. Therefore, :'.:' world. In the last census report the value of the products of I will make my amendment so as to read the first Tuesday in Sep- ;: Alaska from 1868 to 1890 is given as follows: tember in each year. Mr. SCRANTON. I accept that amendment. Mr. DOCKERY. I have prepared an amendment to the same effect, but as the gentleman from Kentucky has offered one, I will not offer mine. iJ:!tti! __ __ 1; 1. Mr. DINGLEY. I suggest to the gentleman in charge of the 1~1~1;-=i;_;;-i ;-J=~-iii-----_;_---~~~~--;;-;;; -~ i bill that unless there is anamendmentmadetothat provision this Delegate, if he be elected for three months, will draw $10,000. Aggregate.------75,213,929 Mr. SCRANTON. There is a provision in the bill already to Since 1890 its mines and fisheries have yielded $5,000,000 an prevent that. • nually, which brings its total output since we have owned it to a Mr. DOCKERY. I was about to propose an amendment, but round billion dollars. if the gentleman from Kentucky desires to offer it, I will yield to Mr. Speaker, shall not Congress pay some heed to the petitions him. of the citizens of such a country as Alaska? Shall we longer slight Mr. McCREARY of Kentucky. Mr. Speaker, I will, at the our valuable Northwestern possessions, while England is steadily proper time, move to strike out these words: lavishing money on British Columbia by constructing wagon roads, That the first Delegate shall be chosen for the remainder of the term of the Fifty-fourth Congress and for the full term of the Fifty-fifth Congress at the extending the telegraph and mail service, and subsidizing Canadian same election; and each succeeding Delegate shall be chosen for the full term Pacific steamships? Can we not learn much by observing the of the Congress next succeeding his election. zealous care for every inch of its possessions exercised by the British Empire, upon which the sun never sets? There will remain section 3, which provides- That the first election of such Delegate shall be held on the 1st day of Oc I have briefly noticed the salient points in Alaska's resources tober, in the year 1896, and thereafterwa.rds such elections shall be held ou and natural advantages, and have endeavored to show by recorded the first Tuesday of September in each year when the members of the HouS@ facts her wonderful wealth. If her chrysalis civil condition and of Representatives are chosen. hitherto retarded development have produced such results as we The SPEAKER. The amendment will be considered as pend have seen, what may we not expect of her future? 'l'he two ing. [A pause.] The time for debate has expired, and the gen. great political parties have given Alaska the only recognition thus tleman from Kentucky will present his amendment. far received by according her representatives seats in their national Mr. SCRANTON. Mr. Speaker, I ask leave to extend my re conventions at Minneapolis and Chicago in 1892. Alaska has a marks in the RECORD. voice upon our national committees and will be again a-ccorded a There wa.s no objection. 4678 CONGRESSIONAL RECORD-HOUSE. MAY 1, Mr. McCREARY of Kentucky. Mr. Speaker, the gentleman shall thereafter be subject to all ·the processes and penalties apylicable to aliens coming in violation of the alien-contract-labor law aforesru.d. from :Missouri [Mr. DOCKERY] has prepared an amendment which SEc. 2. That all articles which shall be im'lJorted from foreign countries for covers the same ground as the one I was about to offer. the sole purnose of exhibition a.t said exposition, upon which there shall be a Mr. DOCKERY. Mr. Speaker, I offer the amendment which! t:l.riff or customs duty, shall be admitted.froe of payment of duty, customs fees, or charges, under such regulations as the Secretary of the Treasury send to the desk. shall prescribe; but it shall ba lawful at any time during the exhibition to The amendment was read, as follows: sell, for- delivery at the close of the exposition, any' ~ods or property im Strike out, in lines 1 and 2, section 2, after the word "chosen," the following: ported for and actually on e-xhibition in the expo ition buildings or on its "For the remainder of the term of the Fifty-fourth Congress and"; also, sec grounds, subject to such regulations for the security of the revenne and for tion 2, line 3, strike out the words "at the same election"; also strike out all the collection of i.Il:J._port duties as the Secretary of the Treasury shall pre after the word "held" in line 2, section 3, down to and including the word scribe: Provided, That all such articles, when sold or-withdrawn for con "held," in line 3, section 3; also strike out the words "in each year," in line sumption in the United States, shall be subject to tho duty, if any, impo ed 4 of section 3, and insert "in the year 1896." upon such article by the revenue laws in force at the date. of importation, and all penalties prescribed by law shall be applied and enforced against Mr. DOCKERY. I will read this part of the bill as it will such articles and against the persons who may be guilty of any illegal sale or stand if the amendment is adopted: withdrawal. SEO. 2. That the first Delegate shall be chosen for the full term of the Fifty Mr. McMILLIN. Mr. Speaker, I ask for the adoption of the fifth Congress, and each succeedin~ Delegate shall be chosen for the full term of the Congress next succeeding his ele.ction. resolution, and will state that it varies in no material particular SEO. 3. That the first election of such Delegate shall be held on the first from the bill introduced for a similar purpose forthe International Tuesday of September in the year 1896, when the members of the House of Exposition at Chicago and the Exposition at Baltil:nore. It is suf Representatives are chosen. ficiently guarded in all respects. It meets the approval of the Mr. ":McCREARY of Kentucky. That is acceptable to me. Treasm·y officials, and it is the unanimous report of the Ways and The amendment was agreed to. Means Committee. Mr. OWENS. Mr. Speaker, I desire to offer an amendment. Mr. DINGLEY. It is the ordinary bill in these cases. Mr. LOUDENSLAGER. I desire to offer an amendment. Mr. McMILLIN. As stated by the chan-man of the commit The SPEAKER. It is too late to offer amendments unless by tee, it is the ordinary bill for· the purpose of allowing foreign ex unanimous consent, the vote having been ordered. hibitors to bring their exhibits here and place them on exhibition. The question was taken on the engrossment and third reading The joint resolution was ordered to be engrossed and read a of the bill; and the Speaker declared that he was in doubt. third time; and being engrossed, it was accordinglyread the third A division was called for. time, and passed. Mr: OWENS. Mr. Speaker, I ask unanimous consent to offer On motion of :Mr. McMILLIN, a motion to reconsider the vote the amendment which I send to the desk. by which the joint resolution was passed was laid on the table. Mr. BARRETT. Amendments are not in ordernow, I believe. BANKRUPTCY. The SPEAKER. Only by unanimous consent. Mr. HENDERSON. I move that the House resolve itself into Mr. OWENS. I ask consent to offer this amendment: Committee of the Whole on the state of the Union to resume the Provided, however, That the mileage allowed said Delegate sh.all in no case consideration of the special order. exceed $1.500. The motion was agreed to. The SPEAKER.. Is there objection to the consideration of this The House accordingly resolved itself into Committee of the amendment? Whole (Mr. PAYNE in the chair), and resumed the consideration Mr. McCORMICK. I object. of the bill (H. R. 8110} to establish a uniform law on the subject The question being taken on ordering the bill to a third reading, of bankruptcies throughout the United States# the Speaker declared that the noes seemed to have- it. The CHAIRMAN. General debate having been closed: by order On a division there were-ayes 44, noes 60. of the House, the bill will now be read by paragraphs for amend So the House declined to order the bill to a third reading. ment. FOREIGN EXHIBITS .AcT TENNESSEE CENTENNIAL EXPOSITION. The Clerk read as follows: Mr. McMILLIN. Mr. Speaker, I present a privileged report SECTIO L MEANING OF WORDS AND PHRASE .-a The words and phra."lElS used in this act and in proceedings pursuant hereto sh1unle s the same be from the Committee on. Ways- and Means, and as.k for its imme inconsistent with the context, be construed as follows: (1 "A per on against diate consideration. whom a ~tition has been filed" shall include a person w o has filed a volun The report was read, as follows: tary petition; (ZJ ~·adjudication •rshall mean the date of the entry of a de cree that the defendant, in a bankruptcy proceeding", is a bankru-pt, or if such The Committee on Ways and .Means, to whom was-referred the joint reso decree is appealed from, then the date when such decree i :finally confirmed; lution H. Res. 167, ha.vin~ fully considered the same, report it back with the (3) "appellate courts" shall include the circuit courts of appeals of the United recommendation that it do pass. States, the supreme courts of the Territories, and the Supreme Court of th-e The purpose of. the resolution is to allow forei€P! exhibitors at the Tennessee United States; (4) "bankrupt" shall include a person against whom an in Centennial Exposition to exhibit their goods W1thout payment of import du voluntary petition or an application to set a composition aside or to revoke a ties, and to allow custodians and artisans in charge of said exhibits to come discharge has been filed, or who has filed a voluntary petition, or who has to and remain in this country, by employment, while making the exhibits. been adjudged a bankrupt; (5) "clerk" shall mean the clerk of a court of The resolution is similar to the one for a like purpose passed by Congress bankruptcy; (6) "corporations" shall mean all bodies having any of the in connection with the World's Columbian ExPosition held at Chicago, and powers and privileges of private corporations not possessed by individuals others. It is thoroughly guarded by the usual provision for payment of or partnerships; (7) "court •~shall mean the court of bankruptcy in which the duties in case of sale, etc., and should pass. proceedings _are pending and may include the referee; (8) "com·ts of bank The joint resolution is as follows: ru-ptcy" 1hall include the district courts of the United States and of the Ter ritories-, the supreme court of the District of Columbia, and the United States Joint resolution (H. Res.167) authorizing foreign exhibitors at the Tennessee court of the Indian Territory; (9) "creditor" shall include any one who owns Centennial Exposition, to be held in Nashville, Tenn., in 1897, to bring to a demand or claim provable in bankruptcy and his dnly authorized agent, this country foreign laborers from their respective countries for the pur attorney, or proxy; (10) "date of bankruptcy," or "time of bankruptcy," pose of preparing for and making their exhibits, and allow~ articles im or "commencement of proceedings," or • bankruptcy" with reference to ported from foreign countries for the sole purpose of exhibition a.t said time, shall mean the dat.e when the petition was filed; (11) "debt" sha.ll in exposition to be imported free of duty, under regulations prescribed by the clude- any debt, demand, or claim provable in bankruptcy; (12) "defeat" Secretary of the Treasury. shall include defraud or delay, evade, hinder, and impeae mth intent to de Whereas the Tennessee Centennial Exposition Com-pany of Nashville, Tenn., fi'aud; (13) "discharge" shall mean the release of a bankrupt from all of his havo extended invitations which have f>een accepted by the several nations, debts which are provable in bankruptcy except such as are excepted b¥. this and space for installing foreign exhibits has been. applied for and dnly appor act; (14:) "document" shall include book, deed~ and instrument in Wl'lting; tioned, and concessions and privile~es granted by the exposition management (15) "holiday" shall include Christmas, the Fourth of July, the 22d of Feb to the citizens and subjects of foreign nations; and ruary, and any day appointed by the President of the Unitec). States a.s a holi Wherea."! for the purpose of securing the production upon tile exposition day or as a day of publicfastingorthanks~iving; (16) "insolvent,"asa.pplied grounds of scenes illustrative of the architecture, dress, habits, and modes to a pe?SOn, shall mean that his property IS .not sufficient in amoun.t a.t a. fair of life, occupation, industries, means of locomotion and transportation, val nation, to pay his debts and when insolvency is to be- inquired into1 with amusements, entertaimnents, etc., of the natives of foreign countries, it has reference to an act of bankruptcy it shall be determined as of the date of. the been necessary for the Tennessee Centennial Exposition Company to grant filing of the petition; (17) "judge" shall mean a judge of a. court of bank concessions and privileges to certain firms and corporations conceding the ruJ>tcy, not including the- referee; (18) "oath" shall include affirmation; (19) right to make such productions: Therefore "officer" shall include clerk. ma.TShal.: receiver, referee, and trustee, and the Resolved by the Senate cmd House of B~resenfptives, etc'., That the act of imposing of a duty upon or the forbia.din~ of an act by any officer shall in Congress approved February 26, 1885, prohibiting the importation of foreign clude his successor and any person authol'lZed bylaw to perform the duties of ers under contract to perform labor, and the acts of Congress prohibiting the such officer; (20) "person" shall include corporations, officers, partnershi~, coming of Chinese persons into the United States, and the acts amendatory and women, and when used with reference to the commission of acts which of these acts shall not be so construed, nor shall anythin~ therein operate to are herein forbidden shall"include persons who are particeps criminis in the prevent, hinder, or in anywise restrict any foreign exhibitor, represent-ative, forbidden acts, and the a.~ents, officers and members of the board of direct or citizen of a. foreign nation, or the holder, who is a citizen of a forei~n nation, ors or trustees, or other similar controlling bodies of corporations; (21) "peti of any concession or privilege from the Tennessee Centennial ExpoSition Com tion" shall mean a paper filed in a. cou:rt of bankruptcy or with a clerk or pany, of Nashville, Tenn., from bringing into the United States. under con deputy clerk by a debtor praying for the benefits of this act, or by creditors tract, such mechanics, artisans, agents, or other employees, natives of their alleging the commission of an act of bankruptcy by a debtor therein named; respective foreign countries, a.s they, or any of them, may deem necessary (22) "referee" shall mean the referee who has jurisdiction of the case or to for the purpose of making .J;?repara.tions for installing or conducting their whom thecasehasbeenreferred,oranyoneactinginhisstea.d; (23) "secrete" exhibits or of preparing for mstalling or conducting any business authorized shall inelude- conceal, falsify, mutilate, remove, and suppress; (24:) "secured or permitted under or by virtue of or pertaining to any concession or vriv· creditor" shall include a creditor who has security for his debt upon the prop· liege which may have been granted by the Tennessee Centennial Exposition erty of the bankrul>t of a. nature to be assignable under this act, or who owns Company, of Nashville, Tenn.tinconnection with such exposition: Pr01Jided, such a. debt forwh1ch so:me indorser, surety, or other person secondarily lia however, That no alien sha.ll oy virtue of this act enter the United States ble for the bankrupt has such security upon the bankrupt's assets; (25) under contract to perform labor except by express permis ion, naming such "States" shall include the Territories, the Indian Territory, and the District ralien. of the Secretary of the Treasury; and any such alien who may remain of Columbia.; (26) • transfer" shall include the sale and every other and dif (in the United States for more than one year after the close of said exposition ferent mode of disposing of or parting with property, or the possession of 1896. CONGRESSION .AL RECORD-HOUSE. 4679 propert:y, absolutely or conditionally, as a. payment, pledge, mortgage, gift, to me, apply clearly to corporations. Where an exception is-in or secur1tv and the creation of a lien on property by any means other than by tended as to corporations, the. words of the bill expressly state compulsory process prosecuted in ?.ood faith; (21) "trustee "sh~l i:Ut .file. fixed by-the laws· of the. several States by which the cor.porations an application for his discharge. are organized. There is. a certain· point with refer·ence to that be That provision denies to every corporation_the right- to file a yond which you can not gnL All that we:- seek is to protect the· petition for discharge. Section..16, on page 11, provides thair.-- rights oL.the.creditor; to prevent· fraud in the disposition. of the A discharge in bankruptcy shall release a bankrupt-not a. corporation from. property; an.d the rights ofthe·comp:anies themselve&can be fixed. all of lris provable debts, except, etc. afterwards·by -the-laws of the, States from which they have· their Now, I submit that the laws. of all the States provide ample being. means for taking charge of-the-property of an insolvent corpora Mr. MILLER of Kansas. L.et-me ask-tlie gentleman this ques tion, for placing-it in the hands of a receiver, and distributing it tion: fs it not-trrre·thatthelaws.of all.the:Statesprovide-, in..regard equitably among the creditors. There is no reason why under to the winding up of· these companies; for the appointment of. this bill a corporation should be forced_ into bankruptcy when no receivers in all cases where a corporation becomes insolvent, and relief can be given it according: to the terms of the very law under the estate- of the corporation is.: distributed in that way for the which it is placed in bankruptcy. All the private banks. in_ this benefit of the-creditors? · country are subject to the provisions of thisJaw. National banks Mr. HENDERSON. That may be true-, and_that would be the are excluded; but there are. numerous banks in every State and process-, of: course, if we had not in: operation such a law as thi&. Territory that may be forced· into bank:rnptcy under the bill. But having- a bankrupt law, we. want. to reach, by a general Railroad corporations, all sor.ts. of business corporations; may ba provision, the assets~ of all debtors, and we did not think that a placed in bankruptcy and stripped of-their properly without any corporation, being a debtor, ought to be allowed to escape. relief whatever-left with all their debts standing- against them Mr. MILLER of Kansas. But do you not want to be fair to all a-s they were before they were petitioned into bankrnptcy: I say debtors-and give them equal relief under the operations of the bill? it· is right and fair, inasmuch as these- matters are covered by Mr. HENDERSON. Ah, but the corporation is peculiarin this:· State law, that the provisions to which I have referred.shoul Mr. HENDERSON. Certainly. It would be exactly as in a within the laws of the State courts and also into the bankruptcy similar case pending againRt an individual. If it be for the best proceedings personally? interest of the estate, the court can direct the trustee to appear, Mr. BURTON of Missouri. Exactly; it might create a personal and the proceedings of the trustee may be stayed until the case. liability, but that is no argument. The liability might be there can be disposed of by the court, or the question is determined as and the directors individually might be absolutely insolvent, and to what is the best interest of the estate. that would do you no good. Mr. HEPBURN. But it is impracticable at times to stay the Mr. MILLER of Kansas. Does the gentleman from Missouri proceedings of a receivership. claim here as a lawyer that the receiver of a State court has no Mr. HENDERSON. That would be entirely in the discretion power to enter other States to sue and recover the assets of a of the court. It might direct the trustee to appear and represent bankrupt corporation? the interest of the estate. Mr. BURTON of Missouri. Except by the comity of a State . Mr. HEPBURN. But istherenotliabilitytoaconflictof juris- into which he may go. For instance, I say to my friend that a diction in the court which obtained control of the estate and had receiver appointed by the district court of Kansas in his district · the appointment of the receiver and the one which seeks jurisdic- has no jurisdiction in the State of Missouri as a matter of right. tion by bankruptcy? rHere the hammer fell.] Mr. HENDERSON. There can be none possible. Congress Mr. MILLER of Kansas. Mr. Chairman, in answer to the last clearly has the power, under the Constitution, to establish this proposition made, I will say that it has been my fortune within . system, which takes precedence of all others. It is not like a the last few months to be interested in a casein Kansas City, Mo., conflict between State courts, where the rule applies that the first where a receiver of a Kansas City (Kans.) company went into court that gets possession has control and custody. It is simply Missouri and sued there an officer of the bank for fraudulently regulated by the general law, which the Constitution gives us the concealing and disposing of the property of the bank; and it is power to enact. well-settled law now-although in times past it may have been Mr. BURTON of Missouri. Mr. Chairman, I think there are claimed that it could not be done-that a receiver appointed by two objections to this amendment. The first is that this section the court under the law of a State has the right to go into any merely defines the meaning of certain terms. The evil of which State in the Union and sue and recover the assets of the bankrupt. my friend complains ould be reached by amending the provi- Mr. KNOX. Does not the gentleman know that a corporation · sions of this bill further along; but it seems to me that in the dis- established under United States law, when it is being operated by cussion of this matter our friends lose sight of the nature and a receiver in the jurisdiction of one State, has no standing in the character of a corporation. The corporations that could and courts of another State except by comity? would be put into bankruptcy are corporations that have been Mr. .M!LLER of Kansas. Mr. Chairman, I believe I have the created for business purposes. When the shareholders of a cor- floor. I will answer the argument that my friend from Missouri poration have paid up the total amount of the stock which they makes, that this is simply a dictionary term and cuts no figure in · have respectively subscribed, that is the end of any and all liabil- this case. I have always found that when you come to definitions ity on their part. The assets of the corporation consist of its ofterms,itbecomesveryimportantinalawofthiskind,aprovision property and the unpaid stock which has been subscribed. that we seek to amend, as to whether a person would include a When a corporation has been placed in bankruptcy,andatrustee corporation. Now, then, we turn to a petition in bankruptcy, has been appointed, he can not only take into his possession the and we see that a petition may be filed against a person who com· · tangible property of the corporation, but he can sue and recover mits an act of bankruptcy, and under the definition this gives the any unpaid portion of the stock which has been subscribed by the right to :file a petition a~ainst a corporation as a bankrupt, and respective individual shareholders. When the assets of the cor- without that definition It is very doubtful whether it could be poration are all in the hands of the trustee, it is perfectly imma- done or not. Therefore this amendment is proper and ought to terial whether that corporation have a discharge or not, because be sustained. ... · when you have deprived a business corporation of all of its prop- Mr. HAINER of Nebraska. I move to strike out the last word · erty there is nothing remaining with which it can do business in of the amendment, for the purpose of asking a question. I desire the future. It can not levy an assessment upon its shareholders, to ask the gentleman in charge. of this bill what would be the because each and every one of them has paid up the full amount effect of leaving in the definition which has just been assailed? of stock that he has subscribed, and that ends any appeal to that I direct his special attention to railroad corporations which are source. Consequently, when a corporation becomes insolvent, now in the hands of receivers. Would not the effect of this bill and itB property has been taken by a trustee and paid out to its be ipso facto to take all the authority out of the hands of those creditors, the corporation is no longer in any condition to do busi- receivers, the property from their hands, and vest the manage· ness. It is, for all practical purposes, dead, and it is immaterial ment of the railroad corporation now in the hands of the receiver whether it has a discharge or not. If the same persons who com- appointed by the bankrupt court? It seems to me that it is open· pose the corporation desire to form another corporation, they can ing up a very wide question, and one which can hardly be disposed do it and can again subscribe to the capital stock, but that will of in this desultory way. be a separate and distinct entity. There would be no way by Mr. BLUE. I move to strike out the last word. which the persons composing the practically defunct corporation Mr. ~R of Nebraska. Mr. Chairman, I trust I may have could obtain any property with which to further carry on their an answer to my question. business except by common consent. Mr. HENDERSON. Mr. Chairman, the Constitution of the It seems to me, then, first, because this section is merely a die- United States in relation to Congress vests it in the fundamental tionary of terms, that the amendment ought not to prevail, and law, with the power to adopt a general law to reach the estate of second~ that the object and purpose contemplated by an amend- debtors. A corporation under this bill may be reached through ment to that section which provides that a corporation may be an involuntaryproceeding; and the same thought advanced by my placed in bankruptcy, and an amendment to that other section friend from Nebraska was included in the question of my colleague which says that a corporation shall not be discharged, granting a from Iowa. discharge would have no pra.ctical effect. Mr. RAY. Will my colleague allow me? Mr. FAIRCHILD. Let me ask my friend from Missomi one Mr. MILLER of Kansas. Let him answer the question. question. Is it not a fact that a creditor, wishing to have the Mr. RAY. Aht You have had your attention called to it. assets of a corporation equitably distributed, can do so just as well Mr. HENDERSON. Yes; I know the point that my colleagues through the State courts, in winding up that corporation, as are making. We have this in the last clause of the bill, on page 63: through the bankruptcy law, and even better, to thm extent: This actshallgointoeffectuponitspassa.geastothepromulgationofrules that in the State courts, in a proceeding against a corporation, forms, and orders and the appointment of referees, and the designation dl "th · · t d h uld "bl th dditi 1 the districts in which they shall respectively have jurisdiction; and the ex- Wl a receiVer app01n e ' e co secure possi Y e a ona piration of six months after its passage as to all its other provisions, except asset consisting of any value that might atta.ch to the franchise, that no cognizance shall be taken pursuant to its provisions of the act of _per which could not be secured in this bankruptcy proceeding? sons so far as they constitute acts of bankruptcy or offenses as herein defined Mr. BURTON of Missouri. I think not; and further, in answer prior to the date when the act shall go into full force and effect. to the gentleman's question, let me suggest that the assets of a That answers one feature of the question. It will not operate corporation may have been transfer-red by the board of directors on those which are in existence now or prior to the time limited to some one who is not a resident of the territory over which the before going into effect. This point I take it is true-that in the State eourt has jurisdiction; and your receiver has no power or event of a receiver being appointed for a railroad or any other authorityoutsideofthejm·isdictionof the court that appointshim. corporation included in this de:fi.njtion, if they are in that condi· In that case your receiver under your State law is in no condition tion, a proceeding in bankruptcy being commenced against it, if to follow the assets that have been improperly transferred to some an act of bankruptcy has been committed, of course it is a fact one residing in some other State. which must be established first. I do not see why it would not Mr. FAIRCHILD. Would not that create a personal liability be reached the same as any other individual, or why it should not on the part of the direct.ors who would do such an act as that? · be. I do not see why an exception should be made. Now, tha.t Mr. BURTON of Missouri. Certainly. does not affect the question of the gentleman from Kansas. Mr. FAIRCHILD. A liability which would bring them both Mr. HAINER of Nebraska. Let me ask my friend anotheJ • 1896. CONGRESSIONAL RECORD-HOUSE. 4681- question at this point. Is there any provision for the continua-· is that the bill itself provides that if the individual or corporation tion of the business of a bankrupt? is in a particular county, jurisdiction shall be taken and exercised Mr. MILLER of Kansas. That is the point exactly. by the court in that county; but otherwise it must be exercised in Mr~ HENDERSON.· No. : the locality most convenient for the administration of the affairs Mr. HAINER of Nebraska. In your bill, as you have drafted of the bankrupt. it, if it includes these railroad corporations which are now in the Mr. TAWNEY. Does this bill give the assignee or receiver who hands of a receiver, if either the railroad company or its receiver is first appointed exclusive jurisdiction over an the property of should commit acts which are specified as acts of bankruptcy in the debtor without respect to the county or State in which that this bill, the receiver could not continue to operate the railroad at property may be situated? . all after filing a petition in bankruptcy, and this could be filed py Mr. RAY. I so understand. I make that assertion. any one creditor. · Mr. TAWNEY. I have not found such a provision in the bill. Mr. HENDERSON. It is to be filed by three creditors. Mr. RAY. There can be no question about that. It is provided Mr. HAINER of Nebraska. It could be three or a half a dozen. that all the property of the bankrupt, regardless of its situation I suppose they could file a petition in bankruptcy, and establish Qr location, shall pass to the hands of the trustee. Now let me that his acts were acts of bankruptcy. It would be a matter of make another suggestion in connection with that. When these record in the courts. There are no adequate provisions for carry bankruptcy proceedings have been taken and a trustee appointed, ing on the business of bankrupt corporations through the agents the property of the corporation (a part of the property being its of the bankruptcy court. It would necessarily follow that every franchises and rights-not simply the assets, as some gentlemen railroad which is now in the hands of a receiver would have to would define them) passes to and vests in the hands of the trustee suspend business entirely, and could not carry on the business of in bankruptcy; and that being the fact the court has jurisdiction, transportation at all. and there can be no conflict whatever. The trustee can operate Mr. TAWNEY. How would it be with railroads that are not a railroad and preserve it. · in the hands of receivers? Would it not be the same? rHere the hammer fell.] Mr. HAINER of Nebraska. It might be. Any railroad which :Mr. HENDERSON. Iaskunanimousconsentthattwentymin committed an act of bankruptcy would be prevented from trans utes, or so much thereof as may be needed, be allowed for the acting any of its business thereafter, and it seems to me that the further discussion of this amendment. very statement of the proposition is a conclusive argument in There was no objection. favor of the amendment of the gentleman from Kansas. Mr. HAINER of Nebraska. At the suggestion of several gen· Mr. RAY. It seems to me that the gentleman is entirely mis tlemen, I ask that the amendment be again read. taken in his conclusions. It should be remembered-- The amendment of Mr. MILLER of Kansas was again read. The CHAIRMAN. The time of the gentleman from Nebraska Mr. HAINER of Nebraska. Mr. Chairman, it seems tome that has expired. a very slight consideration of the duties and obligations of corpo· rations engaged in the business of transportation should convince [Mr. BLUE addressed the committee. See Appendix.] members of this House that they certainly should not be included Mr. RAY. Mr. Chairman, I do not desire to occupy any con within the provisions of this bill. It is contrary to great public siderable time, but simply to say a word or two in answer to some interests that those corporations engaged in the work of transpor- of theobjectionsthat have been raised. Of course lam considera tation should be prohibited from carrying on their business, no bly surprised to see the gentleman from Kansas [Mr. BLUE] tak matter what the pecuniary reverses to which they may be sub ing up the cudgel here in favor of corporations. I know of no jected. good reason why corporations should not be subjected to the pro Mr. RAY. Allow me to suggest that they would not be pro visions of this bill so far as its involuntary features are concerned. hibited from carrying on their business, because the property, the Mr. TAWNEY. Would you include railroad corporations as rights, and the franchises of the railroad company would pass well as others? into the hands of an officer of the court in the same way as they Mr. RAY. I think no exception is made in the bill, and I do not do now, and, being within the power and jurisdiction of the court, see any reason for excepting railroad corporations. the business of the_corporation would go right on. It would be Mr. TAWNEY. Then do you not encounter this difficulty, that the duty of the trustee (I have spoken of him once or twice as an where you force a railroad corporation into bankruptcy in one assignee) to carryon the business and preserve the estate until it jurisdiction the same may be done in another jurisdiction, or in was sold. · five or six separate jurisdictions, through which the railroad may Mr. HAINER of Nebraska. Mr. Chairman, I think the gentle. pass, so that you may have five or six different receivers operating man is hardly well advised in making that suggestion. Certainly the same road? · no bankruptcy law can be framed whose provisions would even Mr. KNOX. No; there is only one jurisdiction. . contemplate the continuation of the business of the bankrupt. Mr. TAWNEY. You may have the same railroad company in When a pe1·son is thrown into bankruptcy, it is the duty of the different bankrupt courts, and you will have a conflict of jurisdic court to wind up that business, to sell the property. Until the tion between the several receivers, just as we have at the present sale of the property of a railroad corporation is had there is abso time in the case of the Northern Pacific Railroad Company. . lutely no provision-and from the necessity of the case there can Mr. RAY. No; there is no such difficulty as that which is sug not be any provision-for carrying on the business of that rail gested by the gentleman from Minnesota. This bill provides that road company. · United States courts shall take jurisdiction in these cases, and in Mr. RAY. Let me ask the gentleman right therethis question: the county where the individual lives or in the district most con Does he deny the power of the United States court to direct the . venient. The United States court in one jurisdiction or one dis trustee to go on with the business of the railroad corporation, for trict having taken jurisdiction, of course no other United States the purpose of preserving it and maintaining its value, until it is court will take hold of the case or attempt to. actually sold by the trustee or under a decree of the court? Mr. TAWNEY. Why not? Mr. HAINER of Nebraska. Certainly, I think that under the Mr. RAY. Because the United States courts possess some sense, provisions of this bill there can be no room for the intelligent and the judges in one district, when an assignment has been made, discussion of such a proposition. - or proceedings have been taken against the corporation and a Mr. HENDERSON. Allow me to call the attention of gentle- trustee appointed under the laws of the United ~tates, with full men to section 17, clause 3, of this bill, on page 18. It is there power to operate the road, will say that is enough, and will not provided, under the title'' Jurisdiction of courts of bankruptcy," attempt to take jurisdiction or to entertain proceedings in another that authority be given to the court, among other things, to "ap district, even though the railroad does run through that district. point receivers or the marshals, upon the application of parties in The jurisdiction in the one district would be exclusive of all the interest, to take charge of the property of bankrupts after the others. filing of the petition, and until it is dismissed or the trustee is Mr. TAWNEY. You do not make it so in your bill. qualified." Mr. RAY. It has been universally so held in the State courts, So the power to appoint receivers is especially conferred by the· and also in the United States courts. terms of this bill. Mr. TAWNEY. Now, Mr. Chail·man, in reference to that Mr. MOODY. I call attention also to the fifthclauseofsection proposition, I call attention to the situation with regard to the 17. It is there provided that the court of bankruptcy may Northern Pacific Railroad Company. A receiver was appointed "authorize the business of bankrupts to be conducted for limited by Judge Jenkins at Milwaukee, another by the circuit court at periods by receivers, the marshals, or trustees, if necessary in the St. Paul, another was appointed in Montana, and still another in best interests of the estates."- Washington. So that while the Federal courts 'do; as the gentle Mr. BLACK of Georgia. Does not the language read by the gen· man says, have some sense, nevertheless, when they are called tleman from Iowa [Mr. HENDERSON] mean simply that the court upon to exercise their jurisdiction within their territorial limits, may appoint a receiver immediately upon the filing of the peti- · they must do it, and it is but natural that these courts should be tion and before there is an adjudication? As I understand, the somewhat jealous of their respective jurisdictions. point made by the gentleman from Nebraska [Mr. HAINER] is ~ Mr. RAY. Now, I havesuggestedtheanswertoall that, which that after there has been an adjudication and the corporation has 4682 OON.GRESSIONAL RECORD-HOUSE. MAY 1,. been declared bankrupt there is no machinery provided by this now. It leaves them in statu quo., and all judicial proceedings, 'bill to continue the business of the corporation. and all laws, and all steps relatingtothe appointment of receivers Mr. MOODY. I refer the gentleman to clause 5-of section 17, that have already been made will be just as effective if this bill which. provides the machinery. shall be enacted into a law as they are now. Mr. T:A.WNEY. !would' like the gentleman from New York It_oceurs to me that the proposition is so plain and so simple as ~·RAY} to answer a. question. to be grasped at once by any legal mind~ or in fact by the mind The CHAIRMAN. The gentlemanfromNebraska [Mr. HAINER] of any man trained as a lawyer. The bill does not interfere- with is entitled to the floor. Does he yield for the question? the appointment of receivers to take charge of the insolvent cor Mr. HAINER of Nebraska. Yes, sir. porations~ Sucha construction of the bill is a false construction:. Mr. TAWNEY. I wislLto ask the gentleman from New York Does the gentleman mean to say that a court could undertake what is the territorial jurisdiction of '$a bankrupt. courts: under to ·appoint a receiver for a corporation when a receiver has been the provisions of this- bill. already appointed by a c.ourt of competent jurisdiction within Mr. RAY .. As Iunderstandit,.witliou:tiimitation, throughout the State and has charge of that. corporation? I think not. If tlie entire United States~ fu the District of Columbia and through:: such..an idea were good, we would have nothing in this country out all the States_ and Te:r:ritories. except confusion and conflicts of jurisdiction. Mr. TAWNEY. Take the circuit court of the- United. States m The Ci::>nstitntion.o-fthe United States--the supreme law of the the eighth judicial circuit,. and a petition in I>anli::ruptcy is filed lancf-lias a provision that-regulates.that beyond question. In the in St. Paul, for instance, against a railroad company, and the lin& provision to which. I refer. it declares. that due faith and credit of the r.oad extends beyond the. terri:toriaf jurisdiction of that cir shall be given. by aiTof the States to the-judicial acts and proceed cuit, would the receiveram_Jointed.by the bankrupt court in :Min ings of the com·ts of the. other-States. I danot undertake to quote nesota..exercise· j_urisdiction in th6' ninth judicial circuit:-or on the the wordS of the Constitution literally, but that is substantially Pacific Coast? the language of the provision in q_uestion,. and carries out the idea Mr. RAY. I do not see how there could be any ~uestion- in view. Ita court· of any State. or a> Federal court, for that mat: The CHAIRMAN The time of the.gentfeman.fromNebraska ter, of competent j:urisdiction,. places.snch property-in the hands has expii:ed. of· receivers, it. is- a, valid: transaction..anywhere, before any court, }lr. HAINER of Nebraska.. Mrr Chairman,. my time.was taken in any State, and must be respected. So that there is nothing in up by other gentlemen, and I move to strike out the last word for the hypercriticaiargumentraised:b~-tlie gentleman from.N'ebraska 'the. purpose of making. a. remark. in favor ofthe-amendi:nent nowpending:-to tliissection of the bill. My attention has been.called to section...17 of the pending bill,. Mr~ WATSON of Ohio. Mr. Chairman, as I understand.. the the fifth provision of which authorizes- amendment of the gentleman fr.om Kansas [Mr. MILLER], it is to Tlle business ofbankru:pts tcr be· conducted for limited periods by: receivers, strike out the: word '' corporations,'' in the next to the la-st lin.e, on the marshals, or· trustees, if necessary in the. best interests. of the estates. page 3? r call yotll' a-ttention to the· preceding. part of the: same section, Mr. MILLER of Kansas. That is my amendment. which provides as: folTows; Mr. WATSON of Ohio. I hope, M:<. Chairman- and gentle-men Courts of. bankr.u:QtcY are. hereby invested,. ·within their-respective territo of the House,. that this amendment_will prevail. There are thou :rla.L limitB as nvw established,. or as they ma.y, be hereafter changed, with sands.ofc .orpo.rations all over the United: States that are struggling such jurisdiction at law aruffu:equity as. Will enable. them. to exercise..orlg'i for their financialli'ves. This billlater on.provides that any three naf jurisdietion in bankr:n:gtcy proceedings, etc. creditors-of any corporation. can force-it. into fuvaluntary bank N"ow, then, conceding that the court may authorize the· busi ruptcy. And yet when. you:. have fo.rced a coL-pora.tion into bank ness. of the bankrupt to be carried on. for a limited period as pro r.uptcytnere is no way of getting·it. out. That is a wrong and a vi.de-d by paragraph 5 of this sectionr it may be dona only for a distinction against corporations. It is a very important- matter, limited period within tlieir territm-ial jurisdiction under the. first and if gentlemen have not given it fullconsideratioll' I hope that paragraph of the section whlch.Iliav:e justread. It would 3.!?1Jear, they will, if they have the tlme, and wilT vote to sustain the therefore giving the- bill the widest latitude of construction- and motion. . scope, there would be rec.eiver.s-appointed. in the territorial juriS: Tire Cff.AIRMAN: The q_uGStimr iS on the- amendment-of the diction of each com-t under tlie: operation of this bill through gentleman from Kansas [Mr. ?!fiLLERJ. wliich the raili·oad happens to rn:n._ Mr. HENDERSON. Mr. Chairman-rit will be remembered_oy Here, too, is necessarily involved a serious conflict of authority. those who were present-during the general debate, when the ques The railroads are now in the hands of receiver~ and.. they a-re tion of corporations was referred to, that rsaid in substance that doing and perfOrming acts which are conside-red. as: acts: of bank,. I thought it was influenced more by the idea..of avoiding the treat mptcy. Every court through whose territorialjurisdictionsuch ment of corporations as we did other people. In other words, I road passes would have the right to appoint a receiver,. and these think it was more, perhaps, a.. bending of the knee as a demagog.ue in turn are to take possession of the property of the road and oper would bend than otherwise.. I an:L not referring to the pending ate its business. Now, r submit that it is entirely against the amendm-ent when I sa-y. that, but that is the way the bill has been bestinterests of the countcy that the gr:eat companies now operated urged and brought in here for- a good many years. I want to say, by receivers should be put into numerous, changing, and too too, with perfect frankness. to the committ-ee, that so far as I am often rival hands by the operation· of this bill, and. thus apportion individually concerned I have· no pride or feeling about this par out between the several courts through whose territorial juris ticular feature of the bill. I can see some reason why it might be diction. they happen· to pass control of these great properties. better to reave. corporations like railroadcompanies and telegraph The transportation ousin.ess-of this-country should nat ba made lines_to oe· under the operation of the- State laws the.- football of bankrupt courts. My· colleague, the gentleman.. from illinois [Mr. CONNOLLYJ, Mr. WATSON of Ohio. That-is-done every day. has drafted a. sub.sti-tut& for the amendment of the gentleman :Mr. HAINER or_Nebraska. Well, it ought not to-be done, if from Kansas [Mr. MILLER] which. I shall be glad to have him it is-. It makes confnsioill worse confounded. Wa ha-ve enough submit, if he has it ready: It may meet with some objections on of that trouble now without iner.ea&ng it, and it seems to me that the other side; and I want to say now to the committee that thi.s we ought not to place the great railroads of the country· in the was probably one of the most troublesome questions that we had hands of: more reeeivers than at !?resent to deal with; that is~ the treatment of- corporations Take, for It seems to me, therefore, that as we can not, within the tim.e instance, the Pacific railroads. I can see reasons_why-the treat limits affm:ded by this- bill, pass tipon all the questions crowding ment of those roa..ds should be left to the United States statutes, upon us) the safest method possible, in order to avoid confusion in which special provision is made with reference to them, and I in this regard, is to strike. the: word " corporation" entirely from invite· that perfect freedom in this committee in .regard to all these the bill, in accordance with the amendment of the gentleman from matters which should obtain in a family of men interested in per Kansas, and leave corpora-tions to· be treated by the-laws now in fecting a bill for the good of the country. That is the way in which force in the various States. This would give them no benefits we all ought to feel, and I stand here representing no pride of und.er this bill nor impose upon them any burdens. What· con J:!ersonal opinion in this rnatter. I want the best that is obtaina cerns me most, however, is that the interests of the; country be ble out of this fountain of patriotic desire to benefit-the people. carefully guarded. Now, I would like to hear the amendment of my colleague [Mr. Mr. WATSON of Ohio. That is a sound proposition, and that CONNOLLYl read. is;what ought to be done. ]'}!r. CON'NOLLY. Mr: Chairman, L send my amendment to Mr. LEWIS. Mr. Chairman., with reference to· the argument the ClerkJs desk and ask that it be read. - of· tlie gentTeman from Nebraska rMr. HAINER] who has just · The amendment of Mr. CONNOLLY was read, as follows: taken his seat and his criticism of the pending bill, pern;tit me to Am:end in section.!, line 21, after- the word n bodies," by inserting "other sayit would. have fmrca if there was anything in the: bill for: it to than. transportation and· telegraph companies." aJ.:mly to: The bill we· have been. considering, and. the- provision Mr. CONNOLLY. Mr. Chairman, if gentlemen who have the immediately under discussion, is not amenable to the criticism at bill before them will turn to page 2, line 21, they will find that it aU. I-tr.leaves these mat.tenr, with reference to the great- corpora is the dictionary section. The bill deiines what the word" cor ,tiOns·of the cfluntry, just in the same condition that:they- are in porations" means in this-law. AB it reads now it includes every 1896. CONGRESSIONAL RECORD-HOUSE. 4683 possible corporation that we can have in this country, railroaC!-s or satisfaction of such a. judgment by a sale of any of the debtor's property or from the proceeds of such a. sale shall not be deemed a payment of such and telegraph companies, banks~ and all that. I propose by this judgment under the provisions of this section; ('i) secreted any of his prop amendment to eliminate from this. bill all objection that has been erty to a. void its being levied rrpon under legal process against himself and made by gentlemen with reference to the effect this bill would to defeat his creditors, and has not surrendered such property to such hga.l process at least ten days before the fili:bgof a petition in bankruptcy; (8) suf have upon railroad corporations and upon the business of the fered while insolvent an execution for $500 or over, or a number of execu country in putting them within the terms of a bankrupt law. If tions aggregating such amount, against himself to be returned no prop;n·ty this_amendment is adopted the bill will then read: found, unless the amount shown to be due by such executi<>ns shall be paid before a. petition is filed: or (9) suspended and not resumed for thirty days Corporations shall mean all bodies othe-r than transportation and telegraph and until a petition is filed, while insolvent, the payment of his commercial companies ha.vin~any of the powers and privileges of private corporations paper for or aggregating $500 or over. not possessed by mdividua.ls or partnerships. b A petition may be filed against a person who has committed an act of If you strike out the word" corporations" it is well known to bankruptcy within four months after the commission of such act. Such time shall not expire until four months after (1) the date of the recording or reg every gentleman here that dry goods, boots and shoes, groceries, istering of the transfer or assignment when the act consists in having made drugs, hardware, queen's ware, every character of merchandise a. transfer of any of his property with intent to defeat his creditors or for sold in this country is sold by mercantil& corporations. ·the purpose of giving a. :preference as hereinbefore provided, or an assi~ MI·. MOODY. Many of us have copies of this bill in which the ment for the benefit of his creditors, if by law such recording or registermg is required or permitted, or, if it is not, from the date when the beneficiary lines are not numbered. I should like to ask the- gentleman takes notorious, exclusive, or continuous possession of the property unless where this amendment comes in? the petitioning: creditors have received actual notice of such transfer or as Mr. CONNOLLY. This is in the dictionary clause, the first signment; or (2) the date of the return of legal _process when the act consists in having secreted any of his property to avoid its being levied upon under section. legal process against himself and to defeat his creditors, as hereinbefore Mr. WATSON of Ohio. Do you think it just to a corporation provided. dealing in merchandise that it may be forced into bankruptcy by Mr. WILLIAM A. STONE. Mr. Chairman, I offer the follow three creditors-, and then, having put it into bankruptcy, refuse ing amendment. any means of letting it get out? There is the iniquity of this thing. Mr. HENDERSON. Before any amendments are offered, I Mr. CONNOLLY~ Is. that the gentleman's question? would like to submit a request to thecommitteer This is the sec Mr. WATSON of Ohio. Why, certainly. . tion of the bill in which so much interest is felt and has been ex Mr. CONNOLLY. Well, ! ·certainly do think that if it is just pressed throughout the general debate; and upon consultation to-the human being, to the natural being, to the man or the woman with the gentleman from Texas. rMr. BAILEY} and the gentleman who has risked all in a mercantile business, if it is just for him from Kansas [Mr. BRODERICK], l request that two hours' debate to be pla~ed in the position of a bankrupt, it is certainly just to be given to this section, subject, of course, to the five-minute rule. place an artificial being, that has no feeling, in the same position. I mean the whole s.ection. Mr. WATSON of Ohio. That is begging the question. The CHAIRMAN. The Chair understands the gentleman from Mr. CONNOLLY. Not by any means. I answer that. I think Iowa. asks that debate on this section be limited to two hours. it is equally as just to place the artificial being in that attitude Mr. BRODERICK. I simplywanttomakean inquiry. There as- it is to place a human being in that attitude. are a number of amendments that will be offered. Suppose the Mr. WATSON of Ohio. Now, one question. You define an first amendment, which will probably be to strike out the section, artificial being for the purposes of this act just as a real being, should take half or nearly all of this time. If it faii, there will be and yet you provide that the real being shall be discharged in other amendments to strike out portions of the section. Will bankruptcy and that the artificial being shall not. That is the time be given for votes on all the amendments that gentlemen language of this bill, and it is wrong. desire to offer? MI:. CONNOLLY. You are referring to that. We have not Mr. HENDERSON. Of course my friend understands that reached that section yet. We are on the first section. We are on amendments to perfect the section will be in order before any the question here,. shall a corporation be included at all? Now, amendment to strike out the section. the gentleman is going from that section, away beyond there. If Mr. McMILLIN. Will my friend from Iowa permit a sugges this amendment be made, others will be made necessary to con tion? form the other section5 of the bill to this amendment that is pro Mr. HENDERSON. Certainly. posed now. If you strike out the word" corporation" entirely Mr. McMILLIN . . ltisonlytwohoursandtwenty-sevenminutes from this section, then it must be stricken out in all succeeding until the time for taking a recess, and if the debate be continued sections where it occurs. If you limit that word "corporation," for two hours the House will probably be slim by that time, when then it must be in like manner limited in all succeeding cases. the vote should be taken. Does not the gentleman think it would Now, the question is presented to the House whether a corpora be well to allow the amendments. to be printed in the RECORD as tion shall be included at all. If so, this amendment offered to notice, and let the vote commence in the morning? I would sug strike out the word "corporations" mnst necessarily fail. gest that. It would seem to be a loss of thirty minutes, but prob Mr. MILLER of Kansas. Will the gentleman pe1-mit me one ably will be no loss at all,. because at that time the House is very question? fllim. Mr. CONNOLLY. Excuse me; I have only five minutes. Mr. HENDERSON. I want to do exactly what the committee The CHAIRMAN. The time of the gentleman has expired. would like to do in this matter. In the first place, I want a fair The time allowed for debate on this amendment has also expired, opportunity to discuss this section, and then to have a. vote on it. and the question is on the amendment offered by the gentleman Mr. McMILLIN. That will give but twenty-five minutes for from illinois. votes on the- amendments, if it be agreed as the gentleman sug The question was taken; and the amendment was rejected. gested, and the probability is we may be hung upon the first The CHAIRMAN. The question is on the amendment offered amendment if we are to take a vote on it this evening. I have no by the gentleman from Kansas. feeling whatever in the matter. The question was taken; and the Chairman announced that the Mr. HENDERSON. I know. I am very glad to have the gen noes seemed to have it. tleman's suggestion. Mr. MILLER of Kansas. Division. Mr. BAILEY. I desire to suggest to the gentleman from Iowa The committee divided; and there were-ayes 32, noes 39. and the gentleman from Pe~nsylvania that the amendment to strike~ So the amendment was rejected. out this whole first paragraph of section 2, which the gentleman The Clerk read as follows: from Pennsylvania. has submitted, goes to the essence of the mat SEC. 2. ACTS OF BANKRUPTOY.-aActs of bankruptcy by a person shall ter. If that amendment can not be adopted, then no amendment consist of his ha.vin~ (1) concealed himself, de~ted or remained a. way from his J?lace of business, residence, or domicile With intent to avoid the service can be adopted, and no other substitute. It is absolutely certain of. c1vil pJ"oeess and to defeat his creditors, and shall not have returned at that when the question comes on this amendment it would be the least forty-eight hours before the- filing of a. petition in bankruptcy _and same with this as with all; they all either go out or they all stay before the rights of creditors shall have been impaired, a.l~4J or interferOO. with; (2) failed for thirty days and until a. petitwn is tned wnile insolvent to in. Both in the committee and in the House, every time the ques secure the release of any property levied upon under process of law for $500 tion has been up I believe that has been the history of the matter, or over, or if B110h property is to be sold within such time under such process and the attempt to adopt the amendment to strike out will serve then until three days before the time fixed for such sale; (3) made a. transfer of any of his property with intent to defeat his creditors and has not just as good a purpose as any other. regained the ownership and possession of such property before the rights of Mr. HENDERSON. I think !will want an opportunity to offer creditors harve been altered, unpaired, or changed by reason of such transfer amendJmmts to perfect the bill. and at least ten days before the commencement of a-proceeding in bank l'UPtcy; (4) made an assignment for the benefit of his creditors-or filed in Mr. WILLIAM A. STONE. Let me suggest, instead of making court a- written statement admitting his inability to pay his debts; (5) made, two hours for that section, that a request be made for a reasona while insolvent, a. transfer of any of his property or suffered any of 1t to be ble time for discussing this amendment, and then there will be ta.ken or levied upon by process of law or otherwise for the purpose of giv ing a preference, and has not regained the ownership of such property or other amendments, if my amendment does not prevail, to that released same from such levy before the rights of creditors shall have been 100tion. altered, changed, or impaired by reason of such transfer, taking. or levy, and Mr. BAILEY. Why not have two hours to offer amendments at least ten days before the commencement of a proceeding in bankruJ>tcy; before the vote? (6) procured or suffered a. judgment to be entered against himself with in Mr. WILLIAM A. STONE. How much of that two hours are tent to defeat his creditors1 !l>nd suffered same to remain unpaid until ten days before the filing of 81 pedtionin bankruptcy: Provided, That a pa'Ylllent you going to give to the consideration of this amendment? 4684 CONGRESSIONAL RECORD-HOUSE. MAY 1, Mr. HENDERSON. Until it is disposed of. I am not consid An involuntary bankrupt law is nothing more nor less than a ering any particular amendment in making the request. piece of machinery for the collection of debts. It benefits nobody; Mr. BRODERICK. Mr. Chairman, I rise to a parliamentary it can bring no good to anybody. I can scarcely imagine a case inquiry. If an amendment is offered to strike out the entire sec where an involuntary bankruptcy law would benefit either the tion and is voted down, will it tben be in order to move to strike debtor or the creditor; because, in the first place, a man who is tot out a portion of the section in order to perfect it? tering on the brink of bankruptcy has his property in all proba The CHAIRMAN. The Chair thinks so. bility pretty well put up as collateral; there are mortgages and .:M:r. BAILEY. I think not. judgments against him, and the owners of such claims are pro Mr. HENDERSON. The first thing in order is to perfect the tected. But the unsecured creditor, the general creditor, will section. benefit very little from the estate uf any involuntary bankrupt. The CHAIRMAN. There is some question about that. The expenses of distributing the assets and winding up the busi Mr. HENDERSON. It seems tome eminentlyproperthatgen ness consume money which would otherwise go to the general tlemen should have an opportunity to perfect the section to their creditor. satisfa.ction before they are brought face to face with the question The bill is like all the rest; there is no use in saying that it is of striking it out entirely. different or better. There is no use in saying that it is anything :Mr. WILLIAM A. STONE. The gentleman can meet that dif more or less than the old Torrey bill, which has haunted these ficulty by moving to close debate on this or any other amendment halls for years. It is folly to undertake to say you can put a man at any time. in bankruptcy without doing him any harm. It is idle to attempt Mr. BAILEY. We might have an understanding, by unani to sugar coat this bill. You can not do so if you leave in it the mous consent, that the defeat of the pending amendment shall not provision defining the acts which shall put a man into bankruptcy preclude the right to offer amendments to particular subdivisions against his will. I admit that among the nine different classes of of the section. acts which are specified as making a man a bankrupt there are Mr. HENDERSON. I want the section perfected first, and I some which involve fraud, but I deny that you can pass an in think that is the general feeling of the committee. I think that voluntary bankruptcy bill which will leave to the creditor and to the suggestion of the gentleman from Tennessee [Mr. McMILLIN] the debtor the status that before existed, and which would benefit will obviate the difficulty. the creditor or anybody else. Mr. WILLIAM A. STONE. What is that? Therefore this fight might as well come first as last. We might Mr. HENDERSON. That we introduce amendments now and just as well vote on the vital question here as to fight the matter discuss them this afternoon-we have to take a recess under the piecemeal. We may as well have it settled now whether we want rule at 5 o'clock-and that we vote upon them in committee the an involuntary provision in this bill at all. If the Committee of first thing to -morrow. the Whole should decide that they do, we can then consider Mr. WILLIAM A. STONE. Then you ask unanimous consent whether the bill can be so amended as to suit the majority of the that the. balance of the day be given to the consideration of this House. section? Mr. PICKLER. The gentleman's amendment simply strikes Mr. HENDERSON. Yes; and that the proposed amendments out the involuntary portion of the bill? be printed in the RECORD and bo considered as pending. Mr. WILLIAM A. STONE. That is all. It strikes from the Mr. WILLIAM A. STONE. With that understanding there bill the nine specified acts for which a man may be put into bank would be no vote upon any amendment to-day. ruptcy. With this provision struck out the voluntary part of Mr. HENDERSON. No; not until to-morrow. the bill will remain. Under the bill as thus amended a man may Mr. WATSON of Ohio. ·Mr. Chairman, I hope the suggestion petition to be declared a bankrupt, and on the surrender of his . will not prevail. There are 63 pages of this bill. There are other estate may have it adjudicated in bankruptcy. amendments just as important as, and, in the judgment of good 1\Ir. RAY. I should like to interrogate the gentleman from lawyers on this floor, a great deal more important, than the amend Pennsylvania. ments to be presented to this section, and, now it is proposed to Mr. WILLIAM A. STONE. Very well. give to this one section two and a half hours out of the four hours Mr. RAY. You are from the State of Pennsylvania? remaining. Mr. WILLIAM A. STONE. I am. [Laughter.] The CHAIRMAN. Does the gentleman object to the proposi- Mr. RAY. You havethere a system of what are called "judg tion? ment notes"? Mr. WATSON of Ohio. I do. Mr. WILLIAM A. STONE. Yes, sir. The CHAIRMAN. The Clerk will report the amendment of the Mr. RAY. And a man can not get any credit there unless he gentleman from Pennsylvania. gives judgment notes? The amendment was read, as follows: Mr. WILLIAM A. STONE. Oh, I do not admit that. Strike out all of paragraph 8, section 2, beginning with "section 2," on page Mr. RAY. Are not those notes the prevailing style of notes in 5, and ending with line 47, page 7. your Stat-e? Mr. DANIELS. Mr. Chairman, I desire to propose an amend . Mr. WILLIAM A. STONE. No,sir. ment to subdivision 8. fHere the hammer fell.] Mr. BRODERICK. Mr. Chairman, I desire to offer an amend- :Mr. RAY. I move to amend by striking out the last word. ment. . Now, I say those are the prevailing notes given in the State of Mr. WILLIAM A. STONE. I yield to the gentleman from Pennsylvania. Kansas for that purpose, but I do not yield the floor. Mr. WILLIAM A. STONE. I will not admit that. Of course Mr. BRODERICK. I offer an amendment to the amendment, · they are given. We have judgment notes. which I send to the desk. . Mr. RAY. I know from personal professional experience that The amendment of Mr. BRODERICK was read, as follows: those are the prevailing form of notes. Strike out, beginning with and including the first line of section 2, down to Mr. WILLIAM A. STONE. I will admit that up along the a.nd including the word" over," in line 47, and insert in lieu thereof as follows: line of the State of New York they deal in that sort of obligations, "SEc. 2. Acts of bankruptcy: Acts of bankruptcy by a person sha:ll consist (1) of his having fraudulently contracted a debt or debts of creditors who but not down our way. seek to avail themselves of the provisions of this act; (2) sold or transferred Mr. RAY. They deal in them all through the Sta~f Penn his property, or some part thereof, with intent to defea~ his creditors, ~r (3) sylvania to my personal knowledge. Those judgmentD.otes pre concealed himself; departed or remamed away from his place of buSiness, vail everywhere. When credit is given, the creditor wants that residence, or domicile with intent to avoid the service of civil ~rocess and t? defeat his creditors, and shall not have returned before the filing of a peti kind of a note. When such a note is given, the creditor goes im tion in bankruptcy.'' mediately to the clerk's office and enters up judgment against the Mr. WILLIAM A. STONE. Mr. Chairman, I have offered my debtor. When that note is due and unpaid; the creditor can go tO amendment believing that it is absolutely impossible to pass an the sheriff, obtain execution, and gobble up all the property that efficient, practical bankrupt law containing an involuntary pro the debtor has. Now, I ask the gentleman, are not the laws o:fl vision. Congress after Congress has wrestled with this problem. the State of Pennsylvania under that system not only tenfold but It is not a new one. We have never been able since the repeal of a hundredfold more severe than any provision that you can spell the last law to pass any new bankrupt law at all. I am quite out of this bill? familiar with the fact that all over this country there is a general Mr. WILLIAM A. STONE. In reply to the gentleman I will demand for a voluntary bankrupt law, a law that will permit say that the laws of the State of Pennsylvania are entirely satis people .who have been unfortunate in trade, who have encumbered factory to the people of Pennsylvania. They are not asking a their property, who have gotten into debt, to surrender what bankruptcy law. property they have remaining and be discharged from their debts · Mr. RAY. Have I not stated the reason why you, coming from and start anew in the race of life. There is, I know, a demand the State of Pennsylvania, are opposed to this bill and its provi for that kind of a bankrupt law; but I undertake to say, with all sions-- due respect to the committee which has brought in this bill, that Mr. WILLIAM A. STONE. No. there is no demand of a general character, no' demand for an in Mr. RAY. Because you do not want anything that shall be voluntary bankrupt law outside of a few wholesale localities which more.li11eral and more in the interest of the debtor than what you sell goods to people who sell at retail. now have. 1896. CONGR.ESSIONAL RECOR-D-HOUSE. 4685· Mr. WILLIAM A. STONE. Let me answer the gentleman. I will constitute only three, while he said I had presented five, and will state my reasons for opposing this bill. Under the old bank printed that I had presented four. Those who know the gentle ruptcy law I had my share of the practice; I was brought face to man from New York will regard it as a remarkable approach to. face every day with its hardships as well as its benefits. The accuracy that he should come within 25 per cent of the fact. knowledge I obtained from my practice and experience under that But, Mr. Chairman, he has given his own testimony against his law leads me, as a representative of the people who sent me here statement. After having declared in the very beginning of his and in the discharge of my duty as I understand it, to oppose these speech that these measures were radically different f1·om each provisions, and I am going to do so. If I were speaking for the other, he concludes the·speech with this statement: benefit- Mr. Chairman, I add as a part of my remarks some of the comments of Mr. Mr. RAY. I have the floor. Wolverton, an able Democrat from Pennsylvania, made byhimon the Bailey bill H. R. 4609, in the Fifty-third Congress. (::lee Report 206, part 3.) That; Mr. WILLIAM A. STONE. Oh, no; you have not. bill was :virtually the same as the Bailey bill H. R. 259, the Bailey bill H. R. The CHAIRMAN. The gentleman from New York ha& the 823!, and the Bailey bill (no number), all of the Fifty-fourth Congress. floor. In one part of his speech he says that these measures are radi-' Mr. WILLIAM A. STONE. Well, I wanted to answer the ques ·cally different from each other, and in another part of the same. tion which the gentleman asked me. speech he affirms that they are "virtually the same" as the bill The CHAIRMAN. The gentleman from New York has the which was passed in the Fifty-third Congress. floor. Therefore I refute the gentleman's first assertion hy invoking Mr. RAY. Nearly all the other Representatives of the State of the old mathematical axiom, that things which are equal to the. Pennsylvania are in favor of a bankruptcy bill; they are in fav~r same things must be equal to each other. If these three meas of this bill, as I understand it, and have been heretofore; hut 1t ures are virtually the same as the bill introd need by me and passed. does seem to me (and that is the reason I propounded my inter in the last House, then necessarily they must be virtually the sams rogatory to the gentleman) that he has got this judgment-note as each other. . business into his head; it is a bee in his bonnet: and he does not But I have a better refutation of the gentleman's assertion than. want to surrender the advantage that creditors obtain under that that. I have here the three propositions to which reference is system. made. The first is the bill introduced early in this session and. Mr. WILLIAM A. STONE. I have answered-- referred to the Judiciary Committee. That bill with other bills: Mr. RAY. I do not believe for a single moment that the gentle on the same general subject were referred to a subcommittee man from Pennsylvania is really opposed in his heart to these in with special and positive instructions that it should report back voluntary features on the ground that they are harsh. They can a measure providing for both voluntary and involuntary bank~ not be regarded as harsh. Under this bill a man can be forced ruptcy. As a member of the subcommittee, I could not agTee to into bankruptcy when he is absolutely insolvent-in a condition the pending bill when it was to be reported, and therefore framed. where he has stopped paying and is unable to pay-and also where and submitted to the full committee a minority report. he has committed a fraud. In addition to those two cases there is The minority report is practically the bill which I had origi only one that can be made the ground of objection, and that is nally introduced, with an involuntary provision, and that invol where for thirty days a man has ceased to honor his commercial untary provision was ingrafted upon it in conformity with the.. paper. It is commercial paper and commercial paper only, mind instructions of the committee. The gentleman from New York [Mr. RAY] knows, or if he does not know every other member of. yoN~w, if he can not pay his debts, if he is insolvent, if for thirty the Judiciary Committee does know, that when I submitted that days he has been unable to renew the note, he may be forced into repmt I distinctly stated to the committee that I had incorpo bankruptcy, and why? In order to prevent his going out to a rated the provision for involuntary bankruptcy purely and only_ few of his intimate associates and friends and saying, "Here, I because I was instructed to do so, and that it did not meet with have got to give up; I can not continue business any longer. You my approval. But when that minority report was voted down, I sue me, put your claims in the shape of a judgment, and then was perfectly free to prepare such substitute as my jud.';ment. come and levy on my property." We try to prevent that, which might approve, and I have here the substitute, numbered 82J4,_ would be a detriment and an injury to the rights of all the other which is identical, line for line, word for word, and letter for let creditors. Such action if permitted would result in unjust pref ter, with the report that I made as a member of the subcommittee erences under forms of law and work great hardship and injustice. to the full committee, save and except that I have elimin:1ted the. [Here the hammer fell.] involuntary feature, which was incorporated under an instruc Mr. BAILEY. Mr. Chairman, I ask unanimous consent to be ~~ . permitted to proceed for ten minutes, if that much time is neces Thus, Mr. Chairman, I :~;efute the charge of perso~al inconsist sary to conclude what I desire to say. ency. Why it was made I leave the House to judge, but as it' Mr. HENDERSON. I hope that will be done. had no pertinency to the argument, I concluded that it was in There was no objection. tended as a criticism personally against me, and I felt that I was. Mr. BAILEY. Mr. Chairman, I perfectly understand that a justified in answering it. member of this House is engaged in a very small business when .Mr. RAY. Mr. Chairman, the gentleman from Texas [Mr~ he is calling attention to the inadvertent misstatements of a fellow BAILEY] seems to bear me personal ill will. I have nothing member. But it sometimes happens that it is due to truth that against him. I forgive him. I can remember what a fight we we shall point out an error; and we always owe it to ourselves to had in the last Congress over his bill, which I referred to in the correct such a misrepresentation as the gentleman from New York RECORD of this morning and my remarks yesterday. I do not [:Mr. RAY] made of me in the speech which he delivered yesterday. think he was very angry yesterday; but when he sees in the. In the very beginning of that speech he congratulated himself RECORD of this morning the unmerciful criticism and castigation· and my distinguished friend from Texas (Mr. CULBERSON] that of. his bill introduced in the Fifty-third Congress, made and ad they had changed their minds on this questiOn, and then straight ministered by Judge Wolverton, of the State of Pennsylvania,_ way proceeded to complain at me because he seemed to think that his wrath is stirred from the very foundation; and as that excel-· I had been undergoing the same mental operation. In order that lent and able Democrat is not now here where the gentleman from there may be no mistake as to what was said I read the exact lan Texas can pour upon him his vials of wrath, he turns mightily' guage of the gentleman from New York. He said: and grandiloquently upon the young and inexperienced and inno The other gentleman from Texas [Mr. BAILEY] is possessed of a very pe cent gentleman frvm New York. rLaughter.] I trust gentle culiar mind. It must be undergoing a stage of transition or tTansformation, men of this House will examine the RECORD: that they will readl for within the last three months he has presented either to the House or to the criticisms of the Bailey bill contained in the report of ex the Judiciary Committee, or. will prese_nt before this s~bject is_ dro:pped, fl. ve different measures embodymg essential features radically d1ffermg from Judge Wolverton, one of the ablest lawyers in the United each other. States. He denounced the Bailey bill as unconstitutional. incom I interposed with the statement: plete, and imperfect; an experiment productive of litigation and needless costs; one that will destroy credit, etc. My argument= Since the gentleman from New York has seen proper to refer to me, I will simply tell him that that is not the truth. adopted the bets and ran in the same line. . Gentlemen of this House will remember that on yesterday, He rejoined: when !adverted to Mr. BAILEY's numerous bills simply for the I say it is, and I have the bills before me at this moment, and have been ex purpose of making the argument that the gentleman from Texas. amining them. rMr. BAILEY] is no~ a safe guide in an important matter like this, The gentleman from New York has admitted that he misrepre for the reason he had introduced so many different, conflict sented me, because I find in this morning's RECORD his printed ing billa, showing a changing, unsettled mind, I asked him if speech changing the words "five different measures" to "four the bill introduced by him into this Cong1·ess, or the substitute, different measures," and changing the words" three months" to was the same as his bill introduced into and put through the last "a few months." House, and he answered •; No." Therefore, between the last Con-_ Mr. Chairman, even with these changes, and admitting that the gress and this he has changed his mind. So much is admitted. bill, the report, and the substitute are all as different as he says Now I call the attention of gentlemen in this House to his bill they are, he is still 25 per cent short of the truth, because they No. 259. 4686 CONGRESSIONAL RECORD-HOUSE. MAY 1, 1\lr. BAILEY introduced the following bill rather than have a law fail, to vote for a b1ll containing some Read it. involuntary provisions. Now, it was said during the argument I ask your attAntion to the bill (H. R. 8234) introduced by :Mr. heTe that ~his bill that was presenteu to the House is stnpped of BAILEY, or proposed by him as a substitute. Read that. the se"\"enty of the old law and that it is much more liberal. I call the attention of members of the House to the report, That is true in reference to some of its provisions. I concede that unnumbered: it is true in reference to many of the provisions of this bill; but it b~ BAILEY submits as his report from the subcommittee the following is not true, as I understand-and I have made an examination of the matter-with reference to the so-called acts of bankruptcy. Read that. The great objection to the old law was that it was abused.-that Read the three, and then read the Bailey bill of the Fifty-third under its provisions men were forced into bankruptcy. when, if Congress and compare the batch; then judge whether the gentle they had been permitted to go on with their bu ines and stru..,.gle man has changed his mind on the subJect of banla:uptcy laws; then along, they would have succeeded and recovered from their embar determine whether or not he has adhered to a settled policy and rassments. That was one of the chief objections; and on com line of legislation; then determine whether or not I did him in paring the old law with this bill I find that the acts of' bankruptcy justice ye::~terday. He has claimed that he acted under instruc- are very nearly the same. There are slight change3 in the phrase tions. . ology, but they cover substantially the same ground. Now. what He never was instructed by the subcommittee of the Commit we desire, if this bill is to be made the law of tho land and be tee on the Judiciary to submit any report. It never gave him any accepted by the people as a settlement of this question, is to strip directions. We permitted him to act his own sweet will. We it of. the severity of the old law. There are in this bill nine acts permitted him to submit such views as he had, or desired to sub of bankruptcy, and some of them contain more than one cause; mit, or might obtain. He was placed upon the subcommittee of they are so phrased that they can be construed to embrace many the Judiciary Committee in order that he might be heard. He more grounds. I apprehend that it will be found that some mer stated in the very beginning that _he did not desire to participate chants who are embarrassed would hardly know how to keep out in our deliberation3 or be a party to our transactions, and he did of bankruptcy if this bill should become law. not; but at a later date he stated that he submitted his views on Now, I am willing that bill should embra-ce acts of fraud the subject. We did n ot instruct him. The full committee never purely fraudulent transactions. I am willing that actual fraud instructed him. Neither did the full subcommittee ever instruct should be cause for involuntary bankruptcy, and the amendment him. And when he came in with that proposition, which is in I have submitted provides a remedy for this class of cases. First, print and to which I have referred, he said: fraudulent purchru:;e of the property by an insolvent, and that will Mr. BAILEY submit-s as his report- embrace all the purchases untler misrepresentation as to ability What does he mean by '' his report''? I ask the gentleman from to pay. Second, fraudulent transfer of the property; and that Texas, if it was not your report why did you entitle it would, by the dictionary in this bill, embrace every sort of lien or Mr. BAILEY submits a.s his report from the subcommittee- mortgage and every sort of fraudulent action had to defeat cred So and so, printing it in full? Why not say- itors. The third is the debtor conceaHng himself to defeat the Mr. BAILEY submits as the views of the minority of the subcommittee the service of a summous upon him and thus defrauding his creditors. following? Mr. MOODY. If the gentleman will pardon me, I would like a But the gentleman from Texas entitled it "his views," a propo little further explanation of the second reason-the fraudulent sition emanating from himself, because of the title, and I acted in transfer of property. perfect good faith in referring to it yest,erday as " his views." Of Mr. BRODERICK. If the gentleman will refer to the diction course, I had before me yesterday afternoon, when I made my re ary in this bill-I do not know whether it is in the copy you have, marks, five different bills. One of thBm was from the Senate. I but it is in the large bill- - had supposed, and been informed, that Mr. BA.Ji.EY was the author Mr. MOODY. I have it here before me. of that, and only when he disaffirmed it did I understand the con Mr. BRODERICK. You will see that transfer means sale, trary. Of com·se, when I found myself in eiTor in that regard, I mortgage, and every sort of lien given to defeat or defraud cred was very willing to be corrected and to reduce my sta,tement fi·om itors. :five to four. I so corrected my remarks, as I had a perfect right to Mr. MOODY. Mr . Chairman, the question is, What is a fraud do. It matters little whether the gentleman has changed his mind ulent transfer? Now, I assume the preference of one creuitor over fom· times or five times in" three months," or a" few months." another is not fraudulent, except it be so stated in a bankruptcy He does not deny, and can not successfully deny, that he has pre law. A debtor has the right under the common law to include sented these four differing bills 'vithin a year- three since the a preferred creditor. Does this include the preferred creditor, or convening of this Congress. I do not know but there are" more does the gentleman exclude him? to follow" of '' his views." Mr. BRODERICK. I intend to include every fraudulent act Having- called your attention to these various propositions of the which it is necessary to prohibit in a bankruptcy act, and I believe gentleman from Texas, I repeat my assertion that no two of them that the three grounds set out in my amendment embrace every are alike in all thei'r essential features. I call attention to the fur so1·t of fraudulent purchase or fraudulent conveyance of property ther fact that all of them are alike in one e sential feature, the that should be specified. main feature, the leading feature, which feature I took occasion Mr.l\IILLER of Kansas. Either by way of preference or other yesterday to criticise, and which Judge Wolverton, in the last wise? Congress, took occasion to criticise. I repeat again that notwith Mr. BRODERICK. Yes. standing all the remarks made by the gentleman in his charge of Mr. MOODY. Let me suggest to the gentleman that his amend inaccuracy-and perhaps he would have it understood that I was ment does not do that, whatever his purpose may be. . willfully misrepresenting him, although I expressly stated that I 1\Ir. BRODERICK. That is a difference of opinion. I think it had no such desire-! harbor no harsh feeling. I beg the gentle does. It goes as far as I think the law should. man's pardon most abjectly and humbly if I have offended him; The CHAIR:r,t:AN. The gentleman's ti.nle has expired. but I take occasion to reassert, and to I'epeat, that to be a safe Mr. TRACEY. Mr. Chairman, I think I can see in the provi guide in matters of legislation as important as this a gentleman sions of this bill aE~ they now stand, should it become a law, an of this House should have a plan and a policy of legislation and ~lmost if not an absolutely endless continuance of vexatious pro should adhere to it. I have not varied from the line, plan, and ceedings a.gainst men who are unfortunate but not dishonest. A policy that I had in my mind when, in the Fifty-second Congress, number of the acts of bankruptcy that are specified in section 2 we considered the bills then presented. I followed in the same involve as a matter of course insolvency as a condition precedent line in the Fifty-third Congress; I stand there now. to an assignment in bankruptcy. That condition is in itself a fact .Mr. BAILEY. Mr. Chairman, there is one question between to be inquired into and determined by a jury. the gentleman from New York and myself, and I desire to ask the Now, suppose that under the second paragraph of the bill an gentleman from Iowa if it is not true that when the subcommittee allegation should be made against a debtor living in a Western was appointed the full committee instructed them to prepare a town involving the question of bankruptcy, citing him, for the measure for voluntary banln·uptcy and one for involuntary bank purpose of determining whether or not he was insolvent, to appear ruptcy? at the next term of the district court of the United States to be Mr. HENDERSON. The instruction of the full committee to held in the district of which the debtor wa a resident. The public the subcommittee was to prepa1·e a bill with J>rovisions for both notoriety of the proceeding against him would in itself become voluntary and involuntary bankruptcy, and not one for volun vexatious, and then when the question came to be tried be.fore the tary bankruptcy. I can answer that question very promptly. court the inquisitorial character of the proceedings, involvina-, as M.r. BRODERICK. Mr. Chairman, I want to say a few words it necessarily would, an inquiry into every act he had ·done, into in reference to the amendment I have submitted. I think it is every sale he had made, into every purch,ase he had made, for clear from the discussion that has been had upon this bill that a months preceding the filing of the petition, in order to determine majority of the members want some bankruptcy legislation. I whether or not he was insolvent, in order to determine whether or think it is also clear that there are many of them who are in favor not he had assets suffic~ent to meet his liabilities, because that is only of a voluntary bankruptcy law, but who w ou ld be willing, what settles the question of insolvency-all this would subject him 1896. · CONGRESSIONAL RECORD-HOUSE. 4687 to great annoyance and injury. All these things would be inquired daughter; or some personal friend; execution is issued upon that into, and I undertake to say that, without the commission of any judgment, the property of the debtor is swept away by execution, dishone tact on his part, a condition of arrau·s would be brought and when the merchants in the large cities from whom the goods about under the operation of this bill wh]ch would bring down were bought seek payment, they find that the man's property has upon it the righteous indignation of four-fifths of the people of this all been swept away and that they have no redress. country and would compel Congress to wipe it from the pages of Mr. . Chairman, these are the men we ought to catch. I say that the statute book. I do not trunk there is any question about that. when a man is in fact a bankrupt it does not matter whether he Hence I believe that if we have any bankruptcy legislation at all goes into banJn·uptcy voluntarily or involuntarily; the bank beyond a voluntary bankrupt law, if anything is to be added to its ruptcy court is the place fol' him. I am in favor of involuntary voluntary features, the provisions that are added should apply provisions in a bankrupt law, because under them debtors will be only to cases of actual fraud on the part of the debtor. That of prohibited from giving preferences; or if they do, they can be course would stamp him as a dishonest man and put him outside forced .into bankruptcy and the pre!'erences set aside. the pale of consideration in the enactment of law. 'I hope the I venture the assertion-and my colleague from Pennsylvania amendment of the gentleman from Kansas will be adopted. [Mr. WILLIAM A. STONE] knows it to be true-that merchants of Mr. MAHON. Mr. Chairman,Iofferasubstitntefortheamend Philadelphia, New York, and other large cities are robbed in our ment and for the amendment to the amendment. State to the extent of millions of dollars by men who go to the The substitute was read, as follows: great commercial centers, pm·chase goods with which they stock Add to the end of section 2 the followin~ theu· stores. and then confess judgment or give preferences, have "Prcroided, If s.•tid involuntary petition be dismissed by the court, or with executionB issued by creditors with whom they are in collusion, drawn by the petitioner or petitioners with leave of the court., the respond If ent or respondents to said petition ! merits of this bill should have availed themselves of the time we The words of this amendment refer only to a -common-law fraud, have had heretofore. the transfer from the debtor of his property to some third persons, The gentleman from Vermont [Mr. POWERS] has undertaken to to hold it upon some secret trust for him. That is an old fraud say that this bill is substantially the bill proposed by the gentle ulent transfer which has been known ever since the statute of man from Kansas. If the friends of the bill will strike out of it Elizabeth. Under this amendment a preference would not be an those provisions of the bill which will leave it as the amendment act of bankruptcy. of the gentleman from Kansas proposes to make it, I shall very A transfer of property by a man who is in debt to one of his heartily support this bill. But if it is intended that every man creditors in preference to all others is not such a transfer as is de who is in debt, and against whom a judgment for $500 has been scribed by the language of the amendment of the gentleman from rendered, and who is unable to pay it for thirty days, shall become Kansas. His amendment would leave all the evils described by a bankrupt I am net in favor of that proposition. the gentleman from Pennsylvania in full force and effect. It I am not in favor of the proposition that the man who owes $500 would allow a man to contract debts to any amount whatever, and can not pay it for thirty days shall be thrown into bankruptcy then to suffer judgment upon the debt, and allow his property to by his creditors. But every man who commits a fraud, every dis be swept away and his honest creditors left without anything to honest man, such as the gentleman from Pennsylvania speaks of, pay their claims. I want to ask the gentleman from Pennsylvania, should be subjected to the very closest scrutiny through a bank if after a judgment of that kind had been had and execution pro ruptcy court, and every dollar of his estate subjected to the pay ceedings had been taken and the property taken away from the ment of his debts ought to be handed over entirely to his creditors. debtor whether there is any provision in the law of Pennsylvania Further than this there ought to be no involuntary bankruptcy. by which honest creditors can find out whether the judgment is Hold the line to fraud and fraudulent conveyances. Protect the upon a genuine debt or not? oppressed debtor against these unjust prosecutions and save the Mr. MAHON. Not unless it has become a matter of record. people who are suffering on a-ccount of the hard times; save Then they have a right to inquire into it. the people from being thrown into bankruptcy and let all honest Now, Mr. Chairman, I am opposed to any proceedings of that men try to pay their debts in the usual way. I hope the amend kind. ment offered by the gentleman from Kansas will be adopted and The CHAIRMAN. The time of the gentleman from Massachu that then this bill will become a law. setts has expired. Mr. MOODY. Mr. Chairman, I wish to say a few words with On motion of Mr. KNOX, by unanimous consent, the time of reference to the amendment which the gentleman from Kansas has Mr. MooDY was extended for three minutes. - been kind enough to hand to me for the purpose of examination. Mr. MOODY. There is only one other thought that I wanted But before I do that I want to say that I indorse every word of to present to the committ-ee, and it is this: I have been in and out the statement made by the gentleman from Pennsylvania [Mr. here for several days and have heard a good deal about the poor MAHON] who last spoke upon this subject. It seems to me that debtor class, but I have not heard much about the poor creditor however much this country wants a bankruptcy bill, it is not class. I for one have something to say for the creditor class. I simply a voluntary bankruptcy bill which is sought. However was surprised when the gentleman from Pennsylvania [Mr. Wllr much I desire to vote for a bankruptcy bill at this session of Con LIAM A. STONE] got up here and condemned this bill because. as gress, I believe I can do no greater harm to the great commercial he said, it was simply "for the purpose of facilitating the collec interests of this country than by voting for a bankruptcy bill tion of debts." In the name of God, gentlemen, why should you which contains the voluntary feature alone. It is nothing but an not faCilitate the collection of debts? Is there anything wrong encouragement to fraud. I would no quicker vote for such a bill about that? Is it any objection to this bill that it will facilitate than I would vote for a bill which provided for involuntary bank the collection of debts? Who are the people who own the debts? ruptcy alone. Justice requires that the interests of both debtor Why, Mr. Chairman, there is not any creditor class. Every and creditor should be cared for. man \vho is a creditor, who is in business and whose business Under the present existing system of State insolvency laws, affaii·s this bill v.-ill touch, is a debtor as well. Who are the cred which will be suspended by the passage of a voluntary bankruptcy itor class that are asking for this legislation? They are the great aot, there is something which stands in the way of a man enter commercial bodies throughout this country, who are composed of ing upon the course of conduct which has been described by the men who are creditors and debtors at the same time. The gen gentleman from Pennsylvania. Pass this law, which will strike tleman from Pennsylvania says there is no demand for the enact down the provisions of the State law and eliminate its involun ment of this bill. Where has he been during this session of Con tary features, and you encourage every dishonest man to incur gress that he has not heard the demand that is coming up from debt fmudulently, to prefer one creditor above all others, and to all parts of the country, from those who are engaged in commer delay his settlement with his creditors until the time shall have cial transactions, for the passage of a bankruptcy bill like this, passed when his transactions can be inquired into. Then he will and in opposition to the passage of a bill containing the voluntary go into bankruptcy and take the benefit of the law. . provision alone? I have heard nothing on this subject except pe I am opposed to that, Mr. Chairman. I believe the people of titions for the passage of this bill. my State who want a bankruptcy law, and want it badly, are op In whose interest are those petitions? In whose interest is the posed to the enactment of a bankruptcy law that shall include passage of this bill asked? It is asked in the interest of the manu only voluntary bankruptcy. They desire a national law which facturers, not the great capitalists, but the men who make the will operate for the benefit of both debtors and creditors. They goods that are distributed throughout this country, the shoes, the do not want to strike down their own law, which has worked so cotton and woolen goods, the manufactured products of all kinds satisfactorily now for about half a century, until something better that our people buy and use. They ask for this bill, and all they is provided in its stead. ask is that when a man arrives at a position where he can not Now, Mr. Chairman, the gentleman from Kansas has offered pay his debts in full, they, as creditors, shall be allowed to share us an amendment, and I desire to ask the careful attention of the equally with every other creditor. They ask nothing more than committee to his amendment. He proposes to provide that an act that. Is not that just? Who else is asking for this bill? The of bankruptcy shall be, in the first place, the act of one who has banks of the country. I am speaking to practical men. What fra~dulentlycontracted a debt. Now, that ought not to be an act interest have the banks of the country in this measure? There is of bankruptcy-that alone. Where a man has fraudulently con no man who has been a director of a bank who has not had the tJ·acted a debt and is amply able to pay it, it ought not to be in experience of going into the directors' room upon every directors' the power of any one man to put him into bankruptcy to the det day and negotiating the discount of pieces of commercial paper riment of the rest of his creditors. And if that shall be made an coming from all parts of this country. act of bankruptcy, I most respectfully suggest to the gentleman At the very last meeting I attended I remember discounting two from Kansas that it should read in this way: "Being insolvent, or three large pieces of paper from concerns in the State of the has fraudulently contracted a debt," which is the subject of proof gentleman from Minnesota who sits before me. Any bank, at in a bankruptcy proceeding. It would be worse than any provi least any bank in the Eastern sections of the country, has in its sion now in this bill if a single creditor holding a claim that ~e drawer at any given time pieces of commercial paper that have alleges has been contracted fraudulently could put a debtor into been issued in almost every State in the Union. The-banks are bankruptcy, destroy his property, and injure the interests of every getting upon those loans less than 6 per cent on the average. other creditor. They are lending that money to our friends in the West. Why? The second provision of the amendment is that it shall be con Because they can lend it cheaper than local capitalists there can sidered an act of bankruptcy if a person has sold or transferred lend it. Are gentleman not willing to pay them? Are they not his property or some part thereof with intent to defeat his cred willing, when they are lending them money at less than 6 per cent, itors. Certainly, I differ entirely with the construction of the to pay them? Are they not willing to give these banks, which have learned gentleman from Kansas. This language can not possibly taken the capital from where it is plentiful and distributed it in include a preference. It is not fraudulent for a debtor to prefer those portions of the country where it is needed, the right to one creditor over another. He has a right to do it, unless forbid share equally in the assets of the debtor when misfortune over den by statute. He can not be said to transfer his property ''with takes him-willing (to use-the expression of the gentleman from intent to defeat his creditors" if he simply prefers one to another. Pennsylvania) to help the banks to collect their debts? XXVlll-294 REOORD-HOUSE. .:4690 CONGRESSIONAL. MAY 1, Mr. TAWNEY. Speaking for Minnesota, I say that we are. him to go into bankruptcy. But here comes along a Jew clothing Mr. MOODY. I am glad to say that we have never had experi merchant from the city of New York or Boston-- , nee of any other kind with Minnesota. Now, Mr. Chairman, all rHere the hammer fell.] · I want to add is that this bill ought to be defeated or else.it ought :Mr. BRODERICK. 1 ask that my colleague be allowed five to be passed with the involuntary provision in jt. If it is to be minutes more. !made a mere voluntary bankrupt law it is worse than .nothing, There was no objection. and I hope, if it comes to that, that the bill will be rejected. Mr. MOODY. 'Vill the gentleman from Kansas allow me a I Mr. MILLER of Kansas. Mr. Chairman, itgives_me the utmost single suggestion? ~JtTatification to see at last that the advocates of this bill have Mr. MILLER of Kansas. Yes, sir. fcome out of the brush and have announced its true purpose. The Mr. MOODY. The gentleman has just stated that an accidental 1gentleman from Massachusetts [Mr. .MoODY], whose people own, ·failure to pay a promissory note may be a cause of bankruptcy. :perhaps, more claims against poor debtors than the people of any Mr. MILLER of Kansas. Yes, sir. IState in this Union-- Mr. MOODY. Now, let me call the gentleman's attention to 1 Mr. MOODY. I havenotbeenin "thebrnsh,"sothegentleman this language of section 2, which defines acts of bankruptcy: will please not talk about my coming out of it. [Laughter.] Suspended and not resumed for thirty days and until a petition is nled, Mr. MILLER of Kansas. The gentleman comes from a State while insolvent, the payment of his commerCial paper. where more of these claims perhaps are owned than in any other Mr. MILLER of Kan as. But I say that, in the administration State in this Union, and he has now, for the first time, announced of this bill, if a man's property, when the petition in bankruptcy that this is a bill for the purpose of collecting debts, and that is is filed, is not three times enough to pay his debts he will be re the reason and the sole reason he advocates it. garded as insolvent, because the value of his property is estimated Now, Mr. Chairman, on the day when this discussion first at what it would bring at a forced sale by order of a bankruptcy opened the gentleman from Iowa [Mr. HENDERSON), with trem court. bling voice and with tears in his eyes, said that this bill was for Now, I. say, there may come along a man whose claim amounts the purpose of letting those poor men who had been unfortunate to but $10; other creditors, whose claims may amount to a hun escape from the burden of their debts. And that was followed dred thousand dollars, may be anxious that a debtor hall continue up by the gentleman from illinois [Mr. CoNNOLLY], whose only in business; but that man whose claim amounts to but $10 may, ground for advocating the bill was that by the laws of various under this bill, put the debtor into bankruptcy. States there is placed in the hands of a single creditor the means Mr. GILLETT of Massachusetts. Oh, no; it requires three of issuing an attachment against a debtor and taking all his prop creditors, and the indebtedness m.ust amount to ;:;oo. erty. Those were the two grounds on which this bill was advo Mr. MILLER of Kansas. Where is there any such provision in cated. Yet we find .now that the true secret of the bill is that it the bill? I ask the gentleman to look it up. is a bill for the collection of debts. ~· . GILLETT of Massachusetts. I can turn to it in a moment. In this bill there are p1·ovisions under which every merchant in Mr. WATSON of Ohio. One man can do it. Let gentlemen Kansas City (in ·which I reside) can be placed in bankruptcy. turn to section 12. There are provisions in this bill by which a man having any 1\fr. RAY. I ask the attention of the gentleman from Kansas amount of property may be placed in bankruptcy because subse to this provision of the bill: quently to the time of the commission of the acts named or within SEC. 59. WHO MAY FlLE AND DISMISS PETITIONS.-a.A.ny qualified person six months accident may happen to him so that at the time of may file a petition to be adjudged a voltmtary bankrupt, bThree or more creditorswno have pro>able claims against any person the filing of the petition he may not have sufficient property to which am'Ount in the aggregate, in excess of the value of securities held by pay his debts. them, if any, to 5500 or over- Mr. MOODY. Let me askthe gentleman what provision of the Now, let the gentleman withdraw his statement about a creditor fbill does that? What provision puts a man into bankruptcy under with a claim of only $10. such circumstances? . Mr. MILLER of Kansas. I will admit that in stating the sum Mr. :MILLER of Kansas. Section 2-the very provision we are of $10 I was not quite accurate. now discussing. Mr. RAY (continuing to read)- Mr. MOODY. Let me point out to the gentleman that he is or if all of the creditors of such person are less than twelve in number, then one 1mistaken. That section provides that a man shall be put into of such creditors whose claim equals such amount; may file a petition to have 1bankruptcy only when he is insolvent; and then if the gentleman him. a-djudged a bankrupt. fwill turn to the definition of an insolvent in this bill-the most Mr. MILLER of Kansas. So far :l.S my statement is concerned ·liberal definition that has ever been embraced in any bill-he will that a creditor to the amount of $10 might put a man in bank find that if upon a fair valuation of his property the debtor can ruptcy it is wrong; but so far as it relates to the five-hundred J>ay all he owes he is not to be regarded as insolvent. dollar man it is correc~in every particular. No one can dispute Mr. MILLER of Kansas. Yes; but that matter is determined that fact. at the time when the petition is filed; and if at any time within 1\Ir. GILLETT of Massachusetts. If there are less than twelve six months previous he has permitted an attachment to remain on creditors. . his property, however unjustly it may have been issued, however Mr. MILLER of Kansas. Now, if the desire of the people fram iniquitous theclaimmaybeon whichitisfounded-if that attach ing this bill is, as stated, just to relieve the embarrassed, honest ment is alfowed to remain upon his property for thirty days with debtor, and second, to protect the creditors from having the pl'Op out his obtaining a release he is regarded as having committed erty of the debtor taken away by attachment, Why are ·they not an act of bankruptcy and may be thrown into the bankruptcy willing to strike out.from the bill the drastic provisions to which court. I say that under that kind of a provision the most iniqui I have referred and leave only those provisions in it which are tous claim on earth may be used to throw a man into bankruptcy, supposed t-o be capa~le of accomplishing the object they have iu becaase there is not one case in a million where an attachment view-the provisions under which an atta-chment can be issued in could be released within the thirty days. In this way, -then, a a State court; that is, in cases of fraud? If what you claim is true, man may under such a provision be thrown into bankruptcy and that the groundwork of the bill is to provide that one creditor unjustly opru·essed. . shall not step in and by attachment absorb all of the estate to the But what .is the situation- in regard to a man's property so far exclusion of all others, why not leave the voluntary provision in as the determination of the question of his insolvency is concerned? the bill and restrict the involuntary provision to acts of fi·aud, on When the petition is filed, an assessment is made of the value of which the attachment might issue, just as it would i sue in a State the debtor's property, based upon its value upon a forced sale court? That would, in effect, meet every provision thatthegentle -unde1· bankruptcy proceedings, and though the man's property .man from Iowa in charge of the bill, the gentleman from illinois, fairly valued might be three times what would be required to pay and others claim the bill was intended to accomplish. his debts, yet when you estimate it upon the basis of a forced sale, Mr. HENDERSON. Oh, we recognize that it might help some ·that property might be adjudged insufficient to meet the indebted manufacturer in Massachusetts with that out. You would not be ness, although under ordinary circumstances and with ordinary zyilling to consent to anything of that kind. business management it might be more than three times enough Mr. MILLER of Kansas. 1\Ir. Chairman, I wish to say to the to pay the man's indebtedness. I say, then, that under the pro gentleman from Iowa that I was born in Maine; my people lived visions of this bill any man, however honest, may be thrown into in Maine; they are New~ngland people, and I have no prejudices bankruptcy by an accident, because forsooth his paper is not paid against Massachusetts, such as he seems to think in his assertion. within thirty days after it matures. If a man's note, by accident I have no prejudice against 1\Ia achu etts as a State, or against or otherwise, happens to remain unpaid for thirty days he may be any other State or any other part of New England; but I do say thrown into banlrruptoy, and that, too, not by the man whose that no bill should be passed here by this House which is an paper is unpaid, but by any creditor, even though that creditor's instrument of oppression and an engine in the hands of the cred claim may be but $10. Such a creditor, because of the debtor's itors of this country in addition to those already given by the ·default upon another man's paper, may throw him into bank States to oppress the people of the Western country, who, foxsootb, ruptcy. The great majority of the man's creditors may not wish _happen to be in debt. 1896. CO}TGRESSIONAL -RECORD- HOUSE. 4691 The people of the West are as honorable, as upright, and as cor in his message recommending the repeal of the act of 1867, put it rect in theil.· business transactions as any other people in the United upon the ground that it was used for the purpose of oppression? States or in the world. But unfortunately they have become in Mr. KNOX. lwillanswerthat I heard read from the desk what volved in debt to some extent, and it is not right that under those I supposed to be a portion of the annual message of President conditions which exist among them an additional burden of oppres G1·ant. President Grant was a great general, the greatest that the sion or an engine of oppression shall be given into the hands of the country ever saw. We all worship him; but hewas nota lawyer, creditor class of the country to harass and oppress our people in and presumably had no experience under the bankruptcy act of the future. 1867. I am simply stating what my experience and my knowl I say that this bill, in all of its features, is a bill for the pur edge were, and I was about to say that I never hE'ard of a dozen pose, and that alone, that was announced ·here by the gentleman cases tried by a jury where the issue of insolvency set up by th-e from Massachusetts a few moments ago; and if the House passes creditoo.·s was denied. There were no such trials. They were the it it will never become a law; but even if it should pass and it rarest, which showed conclusively, Mr. Chairman, that creditors ever becomes a law, it will be one of the most unpopular acts that were not using the provisions of that law for the purpose of op ever emanated from a Republican House, and for that I shall be pressing their debtors. If a man can pay his debts, he should pay . exceedingly sorry. them. If he can not pay them, his property should be divided Mr. Chairman, I am in favor of a bankruptcy bill, both volun among his creditors equally. If he surrenders his property to be tary and involuntary, but I want the bill to be just in its terms. divided, he should be discharged. The right of the creditors to I want the involuntary sections declaring acts of bankruptcy to have the property equally divided is no less sacred and important be limited to acts of fraud, such as might be grounds for attach than that of the debtor to be discharged; and to deny that must ment. By the terms of this bill as it now stands innocent men, amount to a denial of justice, -and nothing else. who in the ordinary course of business might pay every dollar of [Here the hammer fell.] their debts, may be thrown into bankruptcy and irretrievably :Mr. WOOD. Mr.·Chairman, I have no doubt that the gentle rttined; and wo1-. e than all, under its provisions, although a man man who has just taken his seat [1\Ir. KNox] is well qualified to may have acted honestly, notably in the matter of preferences, speak for his own State. I have-some doubts as to whether he is ·after he has been ruined and his property taken he can not be dis as well qualified to speak for the West as are some gentlemen who charged from his debts 1'.11lder the provisi-ons, of this bill unless the reside there. Perhaps none of ns are so well qualified as those bill is materially amended. I can not in justice to my people sup who will be affected by this bill. I have just received a telegTam poTt it, and I sincerely hope it will not pass i-n its present form. from some .gentlemen representing very heavy business interests Mr. KNOX. Mr. Chairma~, I am quite sure that it was not in the "State of Indiana. I send it to the Clerk'sdesk and ask that the purpose of my colleague from Massachusetts, who addressed it be read at the conclnsion of my remarks. the committee a few moments ago, to convey the impression that · The Clerk read as follows: the only purpose of this bill was the collection of debts. It -was, TERRE HAUTE, INn.~ May 1, 1896. ·I am quite sm"e, his -purpose to say that it should not operate Hon. BENSON W oon, House of Representa;tives: We believe the Torrey bankrupt law a good tbing for fifty-thousand-dollar ragainst this bill, in effect, that under it the honest creditor might failures and up, but it-means coniis.cation of a large part of the estates under be able to collect his debts which otherwise would be lost to him. $5,000. Out of a total number of failures in the United States-and Canada. 'The honest m.an who owns the debt has the same right before the (1895) of 14-_874., 12,986 employed a capital of less than $5,000 each. We respect fully urge you to vote and work against its passage in the interest of all the -conrts, and should have before all courts, aff the honest debtor that West. owes the debt. HAVENS & GEDDES COMPANY. This law has but a single interest in view, and that is-that the TERRE HAUTE SHOE COMP.ANY . to E. H. BINDLEY & CO. hone t debtor who shall honestly sUITender his pxoperty be BEMENT, REA & CO. divided among his Cl'editors shall be discharged from the obliga HULM.A.N & co. tions of indebtedness, and that the honest creditor who has the Mr. 1-IARSH. Mr. Chairman, on the 4th day of March, 1893, debt shall receive his due -and fair proportion of the estate, and the· DemoCl·atic party came into power in this count1·y. Since take, with all others, exactly his proportion on a fair division of thattime the failures and the shrinkages of value in wages and the estate. property in this c~untry have been greater in number and lar!!er There is in this bill, contrary to the ttssertion of the -gentleman in amount than in any other like period in the history of this from Kansas, no ·question affecting the North, East, ·South, or country or any other country. In view of the thousands and tens West, but it is a bill of eqnal beneficence throughout the whole of thousands of men who ha-ve been broken up and reduced to borders of the country. It deals equally with all men. And let poverty during that time, I should be glad to-day to vote for a me say to the gentleman from Kansas, or anyone else from that voluntary bankruptc-y bill, with proper1•estrictions, limited in its locality who attacks the bill on the ground that it may be oppress operation to one or two years. The existing business interests 0£ ive to them, that when this bill is passed the caJ>ital of the great the country that have not been utterly destroyed by the accession East will again flow to theWest, to be loaned there~ to be invested to power of this old Democratic party are standing now tottering there, to build up industries there, and start men in business, to upon their weakened legs, and now you are here proposing an build houses, found banks, and organize new industries just as it involuntary bankruptcy bill to complete the work that the united did in the past. There can be no greater benefit, no bill passed Democratic pa-rty so far have been unable to accomplish. (Laugh that would add so materially to the best interests of the country, ter and applause.] or that will aid so thoroughly the debtor people of the West as I should favor a. volllntary bankruptcy bill, in order that the this very bill, which will assure those who have moneyto invest thousands .and tens of th-ousands of good, straight, honest men in that if they make their investment they shall share equally with 'this country who have gone 'down un·der this political cyclone that all others in the property of a debtor who fails to complywithhis has struck the country-I would favor a '\foluntary bankruptcy bill obligations, and that there is a la.wtoprotectthem from the oper that would enable them ~to wipe out' past scores and start anew in ation of fraud. the battle of life, but I would not put it in the power of the great, Now, I beg of the committee and the House to consider what the powerful, and the strong to wreck the remaining business in would be the effect of passing a purely voluntary bill. All the terests of the country-that are struggling with all their might and laws in Massachusetts, the laws in nearly all· the great Common main to keep'their heads above water until the glorious day, which wealths of this country, which provide against fraudulent prefer is'not f3r hence, when the friends of the American working men ences on the part of debtors, which provide against the transfer and women and the friends of American indus.tl'ies will resume of-property for the purpose of hindering, delaying, or defrauding possession of the country again. [Applause on the Republican creditors, are contained in the insolvent laws of the various States. side.] And the moment you pass a bill here, even if it provides that noth Mr. Chai'rman, I yield the balance of .my time to whoever may ing but voluntary bankruptcy shall be the rule, when it 'goes into desire it. fLaughter.l ~ . . operation it supersedes the insolvent laws of the States, and we Mr. W A'l'SON of Ohio. Mr. Chairman, I move to strike out should in these great commercial States be deprived of any law the last word. which operates against commercial frauds. And I agree fully Upon the whole, Mr. Chairman, I am in favor of this bill; bn.t with my colleague that it is far better no law should be pa-ssed, that the-involuntary features of it -are subject to very great ob that the laws should remain as they are, rather than that a. purely jection can not, in my mind, be doubted. Let me call the atten voluntary bill sh~uld pass. ti0n of the House again to section 59 and giv-e you two or three Now, as to the oppression which may prevail under this bill. illustrations under that section. It provides that- The law of 1867 went into operation at about the time I came to Three or more creditors who have provable claims against any person which the bar. I was familiar with the practice under it. I never lmew amount in the aggregate, in excess of the value of securities held by them, if of a case where a creditor employed the provisions of the law of any, to $500 or over- 1867 to oppress an honest debtor, and I never heard of one in my may force a debtor into bankruptcy. Now, I ask the calm and locality or anywhere else. deliberate judgment of this House with l.'egard to this p'rovision. Mr. TAWNEY. Will you permit a question? What are we about to do? It makes no difference how much Mr. KNOX. Certainly. money a man owes, it makes no difference how many people a Mr. TAWNEY. Are you aware of the factthatPresident Grant, "man owes,. it makes no -difference what the great majority .of his 4692 CONGRESSIONAL RECORD-HOUSE. MAY 1, : creditors desire, if three of his creditors only, representing $500, sues the news goes out and everybody sues, and the man has to wish it, they can force him into bankruptcy, against the desire go down? and consent of everyothercreditor. I appeal to the common, fair Mr. WATSON of Ohio. That may be so in any given case, but sense of this House if that is plain, straightforward, average Ameri it is not necessarily so, or generally so. - can justice. Mr. RAY. Now, then, is there any greater injury or hardship To go on: The real tyranny and iniquity of this section comes by reason of having a petition filed against a man in bankruptcy now, if I may use such language in reference to it. The section than there is, under like circumstances, in having a suit brought continues: against him in the State court and judgment rendered? If all the creditors of such person are less than twelve in number, then one Mr. WATSON of Ohio. There is. If a suit is brought and of such creditors whose claim equals $500 may force him into bankruptcy. judgment rendered, he may pay the judgment; but if you file your To illustrate: I owe 11 men. I owe 10 of them $1,000 each petition throwing him into bankruptcy, you cast a cloud upon him They are satisfied that I can pay them in time. They have no which hangs over him forever. desire to oppress me. They are not asking for their money. They Now, Mr. Chairman and gentlemen of the committee, I want tell me to go on and work out this indebtedness. They have con to say that under the old act of 1867 I had considerable practice fidence in my ability to do so, and confidence in my integrity, but in bankruptcy, and I believe that many beneficent results follow one man, to whom I owe the pitiful sum of $500, forces me into such a law, and I believe that this countl·y demands, for its com bankruptcy, against my will, and against the will of the 10 credi mercial interests, a universal-banlrrupt law. I am not especially tors to whom I owe $1,000 each. opposed to an involuntary bankrupt law, but I am opposed to an Mr. RAY. May I make a suggestion there? involuntary bankrupt law, that gives such power, such cruel Mr. WATSON of Ohio. Yes, sir. power, to one creditor as this bill does. Mr. RAY. Suppose you do not permit him? Suppose he is not . Again, t~rn to page 6 of th~ bill. The fourth ground for throw permitted to force a man into bankruptcy? What will be the mg a man mto bankruptcy 1S that he has made an assignment. result? Think about that a moment. Here is Mr. A. He says: ''I can not Mr. WATSON of Ohio. I do not know what you mean. pay my debts; my assets are $15,000; I can not pay all that I owe; Mr. RAY. He can bring a suit and obtain his judgment in I will make an assignment for the benefit of my creditors." He twenty days in my State, and I suppose that is about the time in makes an assignment. There is no preference about it; there is no nearly all the States. He would obtain his judgment, issue his fraud about it. He says: "I want every creditor I have to get 15 execution, levy upon and sell the property of this man. and ruin cents or 20 cents or 60 cents on the dollar." Now, the very mo , him in his business. Well, stop all of this business. Now, there ment that man makes an assignment under. the State law, you can be no question about the fact that he has the right under the come in by this law and adjudge him a bankrupt. Is that just? State laws to enforce the obligation of the contract. He is doing the very best he can for his creditors; he has put all Mr. WATSON of Ohio. Yes; if it is due. his property into the hands of an assignee for their benefit. for the Mr. RAY. Why not permit one in this case that you mention purpose of paying hls debts. Yet the moment he does that, along and th1·ee in the other cases mentioned here to put him into bank comes your act of Congress and says that he has committed an ruptcy when he gets where he can not pay, does not pay, and is act of bankruptcy. unable to pay? Mr. NORTHWAY. The case the gentleman supposes would Mr. WATSON of Ohio. Well,Ido not want all of thistocome be after the passage of this law, so that there would be two laws out of my time. between which to choose, this law and the State law. Now, to Mr. RAY. I will ask that you have further time, because this which would the gentleman give the preference? Under the as is not a matter that is to be rushed. A fair discussion should be signment the man's property would be taken and distributed given, and I am delighted, so far as I am concerned, to hear an among his creditors, and under this bankruptcy law also his expression of opinion. Now, I want right there to say that in property would be taken and distributed among his creditors; a case of that kind, where there is only one, and they want to give but the difference is that when the distribution was made under this man further time, if they desire him to go on and pursue his the bankrupt law he would get a discharge, while under the State business, let them raise the money. (Laughter.] Let them buy law he would not. up this claim, and that will prevent forcing the man into bank Mr. WATSON of Ohio. Butsupposeheprefersthe othercourse. ruptcy. . Suppose he prefers to make an assignment under the State law and The CHAIRMAN. The time of the gentleman from Ohio has pay 50 cents on the dollar,orwhatever his estate can pay, to every expired. creditor,and have the estate administered upon by some man that Mr. RAY. I ask unanimous consent that the gentleman have he chooses to administer it. The very moment that he says: "I five minutes further time. will be honest; I will make an assignment of all my estate for the There was no objection. benefit of my creditors; I choose my neighbor, whom I have known Mr F .AI.RCHILD and Mr. RAY rose. all my life and in whom I have perfect confidence, to administer The CHAIRMAN. To whom does the gentleman from Ohio the estate so that it may pay 50 cents on the dollar, or the highest yield? amount it will pay ; " the moment he says that, this act of Congress Mr. WATSON of Ohio. I yield to the gentleman from New comes along and tells him: "You have committed an act of bank York rMr. FAIRCHILDl to ask a question. - ruptcy in trying to be honest." Mr. FAIRCHILD. 1 want to ask my colleague from New York The CHAIRMAN. The time of the gentleman has expired. what would be done in the case if the defendant had a defense to The question is on the amendment. the piece of paper? Would it not compel such a defendant to fight Mr. BRODERICK. Mr. Chairman, after listening to the criti out that defense in bankruptcy proceedings, when otherwise he cisms that have been made upon my amendment by the gentleman could fight it out under the ordinary statutes? from Massachusetts and others, and on further reflection, I will Mr. RAY. What is the difference, whether you fight out your ask consent to modify the amendment by inserting in the fifth defense in the State court- line, after the word '' having," the words ''while insolvent"; and Mr. WATSON of Ohio. I do not want a controversy between also by changing the word ''of" to ''in." the gentlemen in my time. There was no objection, and the amendment was so modified. Mr. :ij.AY (continuing). Or whetheryoufightoutyourdefense A MEMBER. Let the Clerk read the amendment as it will stand in the United States courts under this provision? · in its modified form. Mr. FAIRCHILD. I think the difference is very clear. The amendment of Mr. BRODERICK, as plinted above, was read Mr. WATSON of Ohio. Imustdeclinetoyieldfurther. I will with these modifications. . undertake to answer the gentleman's question, as I now recollect Mr. HENDERSON. Mr. Chairman, I rise to oppose the amend it. He asks what evil effect would result when a party is thrown ment offered by the gentleman from PennsylvaniaJMr. WILLIAM into bankruptcy. I want to call his attention to the fact that in A. STONE]. The effect of that amendment is eas· y understood. the commercial world the moment a charge of bankruptcy is made It is to strike out the involuntary features of this bill. That is against a debtor he is gone. If his paper is worth 75 cents on the the sole and only purpose of the amendment. dollar to-day, and you charge him by petition as being a bank Now, I want to say to my friend from Kansas that I live in the rupt, to-morrow it is not worth 40 cents on the dollar, notwith West, and I lived there, I guess, a long time before his feet touched standing the fact that he may prove in court that your charge Western soil. I went there when a child, and I expect to be buried against him is not true, and that he be restored as far as possible in the West-and not buried by my efforts in behalf of a bank to his position before the charge was made. The shadow that will ruptcy bill either. The people in the West are honest, and they follow him and ultimately drive him to poverty is the result of want an honest, complete law. I think that, although_a West the first step you took. And this great and cruel power you pro ern man, I am big enough to see this whole country and not to be pose to place in one creditor to whom the debtor owes the pitiful influenced by any petty demagogism (and I am not referring to sum of $500, when the rest of his creditors are not seeking to ac the gentleman) that may be thrust into this debate. I do not in complish such a purpose. tend that any arguments fo_r this bill shall be good in Massachu Mr. RAY. Is it not true in practice that when a man is in fail· setts which are not good in Iowa and 41 Kansas and Louisiana. ing circumstances and unable to pay his debts, if one creditor The gentlemen entering into this debate to-day in support of the 1896. \ CONGRESSIONAL RECORD-HOUSE. i1693 amendment of the gentleman from Pennsylvaniaforgetall the while The amendment offered by my friend from Kansas rMr. BROD what can be done and is done under State law. The only gentle ERICK] is infinitely better than the one-sided, jug-hanuled propo man who has struck the keynote of thought on this question is the sition of the gentleman from Pennsylvania, which I thank God gentleman in front of me, my friend from Massachusetts [Mr. does not come from the "wild and woolly West." I am, for good KNox], who has said truthfully, as I believe, that the passage of reasons, opposed to them both. The amendment of my colleague this bill with the involuntary provisions will let Eastern money flow on the committee from Kansas [Mr. BRODERICK] has the merit into the West and give us credit there. Sir, I favor this bill be of giving both sides something to say about these things. He cause it will bring peace and confidence · throughout the entire limits it to three reasons or grounds. country to business and industrial circles. When the men selling This bill, as you well know, has nine grounds. Now, his first goods and lending money know that there is a method for reaching ground is new and is not in the bill under consideration. The what belongs to them, based on high equitable grounds-that the second proposition of the gentleman from Kansas is substan grabber shall not get ahead-that the man "on the spot" shall not tially the same as clause 3 of section 2 of our bill. That ground get ahead, but that all shall share equitably, whether the creditor is in most respects the same as ours. The third is in hrec verba lives at the Golden Gate or in the Pine State of Maine, then the the first section of our bill. The first ground that was in the bill debtor will have peace and there will be no rushing and grabbing has been adopted verbatim et literatim by my friend from Kan among creditors. sas; so we have two of our grounds, one of thein a"bsolutely and Ah, gentlemen, there are men like those signing the telegram the other nearly so, embodied in his amendment, and one new read to-day, presented by my friend from illinois [Mr. WooD], one. But he leaves out six. who have got, as I said in my opening remarks, their line of ar Now, let us pause for a moment and examine these six and see rane:ements made through attorneys at every town; they have got what they are. No. 1 of the bill is in the Broderick amendment, a trap set by which, if possible, they shall first the victim catch; if he will allow me to so designate it. No. 2, which we would there are large jobbing houses in the cities who are opposed to include as an act of bankruptcy-let us examine it and see what this bill because they think they can get under present State laws it is: an advantage over their fellow-men; and there are in some little If he (the debtor) fails for thirty days, and until a petition is filed, while insolvent, to secure the release of any property levied upon under process of towns and county seats lawyerR who think they can do better law for $500 or over, or if such property is to be sold within such time under without a bankrupt law because they may slip in ahead with such process, then until three days before the time fixed for such sale. some State writ and take care of their creditor clients. But, my If a man has reached that condition where his property is levied fellow-countrymen, that is not a consideration on which to rest a on by process of law, which property is held in the court for the question of this kind. benefit of some of his creditors under the said law who are going Pertinent to what came from Indiana, I hold in my hand a letter to ride roughsJwd over the rights of the other creditors and secure from a distinguished citizen of that State, received by me this a preference for particular claims, I ask if it is not time that the morning. I will read the closing paragraph: law should step in and say, "Unloose your hands; let us all divide I think the impression of some of our Western boards of trade upon the ratably"? I say that it is an essential element of a sound bill. bankruptcy question was that by reason of the nearness of our merchants to their customers they had an advantage with a failing debtor over the The third ground has been adopted, as I have already said, by distant creditor, and that this would be surrendered under a bankrupt bill my friend from Kansas in his amendment. The fourth ground It seems to me to be a short-sighted view of the question. he leaves out. What is it? That letter is written by a no less distinguished man than Ben Made an assignment for the benefit of his creditors, or filed in court a jamin Han-ison (applause], who in a Presidential message recom written statement admitting his inability to pay his debts. mended a comprehensive bankruptcy bHl, and who, whether Gentlemen, when a debtor voluntarily lays aside the robes of President or private citizen, stands for every part of this country business, when he locks the store door and says," I quit; I throw and all its great interests. up the sponge; I can not fight the battle any longer," and goes Some of our friends here favor bankruptcy proceedings which voluntarily and makes an assignment for the benefit of his credit shall recognize only the debtor class. It is my judgment that such ors, are we not justified in stepping into the coul't of bankruptcy a bill would do in-eparable damage to all debtors who wish to ob and saying: "We take you at your word, but your own picked tain credit. I am in favor of fully prot-ecting the rights of that assignee, let us inform you, shall not have the whole say-so in class. Its interests are perfectly cared for in this bill. Not with regard to the matter." We say, " We will tear up your assign a'' tear in my eye," as sneeringly remarked by the gentleman from ment giving preference to anyone or putting the property into Kansas-as far front a tear when I opened this debate as I am the hands of some member of your family to be distributed ac now-- cording to your own judgment and discretion, so that all of your Mr. BRODERICK. To what "gentleman from Kansas" does creditors shall have the benefit of their proportionate share of my friend refer? your property." Mr. HE"I\TDERSON. Not you; no sneer ever came from your Mr. NORTHWAY. Right there, if the gentleman from Iowa lip to me. will permit me, in response to the gentleman from Ohio [Mr. Mr. MILLER of Kansas. There is no gentleman in this House WATSON] let me say that in the State of Ohio, as soon as an assign whom I desire to treat with more consideration than the gentle ment is made, the creditors can get together and take the property man from Iowa. out of the hands of the assignee and put it in the hand of one of Mr. HENDERSON. That is all right. Just drop the ''tear" their own number or a person of their own selection, for distri when you are striking at this bill. bution. The CHAIRMAN. The time of the gentleman from Iowa has Mr. HENDERSON. And a wise provision of law. expired. • The CHAIRMAN. The time of the gentleman from Iowa has Mr. HENDERSON. I should like to occupy five minut.es more. expired. The CHAIRMAN. In the absence of objection, the gentleman Mr. BAILEY. Mr. Chairman, I ask unanimous consent that will proceed. the gentleman from Iowa may be permitted to conclude his There was no objection. remarks. Mr. HENDERSON. I want to impress upon the minds of gen There was no objection. tlemen here what I said in the opening of the debate, and what Mr. GROSVENOR. If the gentleman from Iowa will permit several of you were not here to listen to-that I do not think it is me, I would like to say that under the law of Ohio, which the proper to pass such a law as will say that when a man is in failing gentleman from Iowa compliments, the first proposition that fol circumstances, and there is a citizen from whom he has bon-owed lows the assignment is the selection usually of some friend of money or received goods on credit, the debtor should be allowed the debtor, perhaps his wife or some near relative, to administer to have the whole say-so in respect to his estate. If any man lends the estate; but the creditors come together, and by a vote of the me $10,000 worth of assets, which go into my business and which majority take the property out of the hands of the assignee and I allow to run down to $5,000, am I, the debtor, the only one who place it in possession of a trustee for distribution. should say what should be done with what remains? Shall the Mr. WATSON of Ohio. Then that must be the case only in creditor who trusted me with that property upon which I have your district. been living for years, upon which I have been feeding myself, my Jlrir. GROSVENOR. Oh, no; that is the law of the State. wife and children, be debarred from coming in and having some Mr. WATSON of Ohio. I have never known it done. thing to say as to when and how the assets should be distributed? Mr. GROSVENOR. Thatmakesnodifference. Thatisthelaw Gentlemen, there is an old Scotch proverb, "Fair play at the of Ohio. teeto tum·~; and this idea of fair play runs entirely through this gen Mr. WATSON of Ohio. That is not the operation of the law eral bankruptcy bill. I do not want partisan speeches here; I do generally in the State. not want sectionalism here. I want broad Americanism, upon Mr. HENDERSON . ... Well, Mr. Chairman, I shall resume the which we can all stand. I do not want any bankruptcy bill which floor, with the consent of these gentlemen, for a few moments. is not for the interest alike of the East and the West and the I would like very much to hear these distinguished doctors fight North and the South, and I shall be disappointed if the final vote out the argument on their own grotmd, because it is a very inter shows that this House does not occupy the same position. esting question, if I had the time; but it is very limited. 4694 CONGRESSIONAL REOORD-H OUSE. 1\{Ay 1, Now, the fifth ground of bankruptcy in the bill is that the argument; because here is the only remedy that will set aside debtor has- such a lien. . Made, while insolvent, a transfer of any of his property or suffered any of it Now let me come·to the ninth and last ground of bankruptcy, to be taken or levied upon by process of law or otherwiSe for the purpose of the one which disturbs some of our friends, I think, more than giving a preference, and has not regained the ownership of such property or released same from such leyv before the rights of creditors shall have been anything else and which disturbs me the least. One gentleman wives big pensions. I notice that the committee in making up their report make no account of my thrP.e months' service in Company I of the Eighth bills of the sa~e kind,. but ~hose~ have na~ed are t~e most promi illinois Infantry. It is a great wonder some one did not criticise my letter nr.nt. My obJect to-mght m callmg attentiOn to thlB matter is to on account of t~is seemin~ discrepancy of statement, bat I suppose it is on see whether we ca;n not agree up<:m ~om~ common grade upon which account of the kindly feeling that the Congressmen have for the old soldier. I notice also that some gentleman spoke something about a lunatic asylum. to place the pensiOns of these d1stmgmshed officers and their wid I have noticed r ecently that Eastern men talk quite often about "lnnatics" o~s so as to do away.wi~h t]:lis ~verlasting harangue here on Friday ·in speaking of people out here in the West who differ with them on the finan mghts about the discrrmmation between the wives of common cial question. Now, I have one thing to say emphatically to these &"EJDtlemen. If they soldiers and the wives of officers. I offer this amendment in good think they can put a Cleveland gold collar on the Republicans of Illinois they faith. I hopa it will be adopted,_and may be a pre~edent, so that are making a mista.ke- wheJ?- we come to these other bills we may in every case fix the [Laughter.] pensiOn at $40 a month, and do away with the wrangling over this Neither can they build up a pensioned aristocracy of generals' widows. We matter. are perfectly willing that a &"eneral's widow ~hall have all she can get when I am sorry I do not see on the front benches here to-night some it goes as charity, but when 1t comes to a question of pensions, that is differ of the new converts to the doctrine of reducing the pensions of ent. Pensions are just as much a legal obligation against this Government as the payment of bonds and interest on the debt that was contracted to put officers and their widows. As. a general thing, when a man is con down the late rebellion. The Government paid us our poor stipend of Sl3 verted he comes forward and s1ts upon the front bench. I see that p er month in depreciated currency, but the bondholders must have gold. We some of these gentlemen have to-night taken back seats. I hope are going to pay them their bonds in coin as the contract says, if we can get you fellows to throw away your free-trade foolishness- · they h~ve not backslidden,. but will come to my assistance to-light and will hel~ me to e~tabhsh a common grade for these pansions [Applause on the Republican side.] by the adoption of th1s amendment. I trust the amendment will g__uit following after Cleveland and Carlisle and help us elect CAMERON and be adopted unanimously, and that in doing so we may establish a. VEST on a protective tariff and f1·ee-silver platform- precedent which shall govern us hereafter. [Laughter.] Mr. GROSVENOR. Mr. Chairman, I trust that before I pro Any tariff that will furnish fnnds enough will have to be protective, so you had just as well give up old Grover's free-trade and gold-standard ideas and ceed we may have order. help us get clear of Eastern domination. Thanking you again for your kind The CHAIRMAN. The committee will be in order. ness, I am Mr. GROSVENOR. It is not very often I have to ask for order. Truly, yours, JOHN S. COCHENNOUR. There are reasons why this Committee of the Whole endeavors at Han. JASPER w. TALBERT, Washington. D. a. times not to hear ·what is going on; and I sympathize with the Mr. TALBERT. I have no comment to make upon that letter. committee in that respect. It speaks for itself. I will merely remark that the writer is one General Enoch~ was brevetted; that is ~rue; but the gentleman of Mr. GIBSON's" lunatics." [Laughter.] from South Carolina [Mr. TALBERT] I thmk ha-s not quite gotten Now, Mr. Chairman, I want to call attention to the bill of fare at the facts in regard to the service of this officer when he says that you have before you on this Private Calendar. I have hur that the fact of his having been a brevet brigadier-general shows riedly gone over it, and I wish to call attention to at least 19 or 20 that he never served as a brigadier-general. Now, it is within bills to pension generals and their widows at amounts ranging my knowledge that General Enochs commanded troops beyond from $50 up to $100 a month. None of the 19 cases that I have his grade during nearly the whole of the latter half of the war. · examined is below $50 per month. Mr. TALBERT. What I said was that the word "brevet" We begin with the one that has just been read, a bill to increase seemed to signify that, while these officers mav have deserved to the pension of Mrs. Annis H. Enochs. I notice that the majority serve in a higher rank when opportunity shoufd offer, they possi of these officers whose widows are seeking pensions were only bly never had done so. brevet generals, showing that they never really served as generals. Mr. GROSVENOR. ''Possibly never had done so!" I presume Most of them were only majors and colonels, and would only be that99 out of 100 who were· brevetted as brigadier-generals served entitled to the rank of general if opportunity should be offered. beyond their actual rank. They were given their brevet for that The first of these bills, as I have said, is a bill to increase the pen ve11: purpose. But I do not want. to speak further upon that sion of Mrs. Annis H. Enochs to $50 a month. The second is a subJect. I have some modesty m regard to that question. bill to pension Harriet C. Gregg, widow of a major-general. The [Laughter.] third is to give an increased pension to Gen. James C. Parrott. Mr. TALBERT. I suppose the gentleman was brevetted himself. The fourth is a bill granting a pension to Elizabeth Watts Kearny, Mr. GROSVENOR. I had two brevets before I was colonel, daughter of the late Philip Kearny, major-general, United States and I commanded a brigade for a long time while my actual rank Army. was that of lieutenant-colonel. Now, it seems to me that that is an entirely new departure, Now, General Enochs was a distinguished, a specially distin giving a pension to the daughter of an officer, however diHtin guished soldier. He suffered for years from a wound or injury guished. That is a new element in the bill of fare to which you are that he received during the war. For thirty-odd years while he invited on this Private Calendar. The fifth is an act granting a was struggling to make a living he carried with him the seeds of pension to Matilda Gresham, widow, I believe, of the late Walter Q. death, received in the Army. He told me many a time that froni Gresham, at the rate of $100 per month~ The sixth is a bill grant this cause his death would some time come suddenly-instanta ing a pension to Mrs. Mary Gould Carr, widow of the late Bvt. neously. And so the fact turned out. He went to bed one night Brig. Gen. Joseph B. Carr. He was not a general; he never acted in apparently good health and in the morning was found dead, in that capacity; he was a general only by brevet. The next is a having died doubtless by reason of the very injury which he had bill granting a pension to Ellen Ewing, widow of Bvt. Maj. Gen. received in the line of duty while in actual service in the Army. Thomas Ewing, at the rate of $75 a month. The next is a bill Since his death his wife has been struggling to make a living. granting a :pension to Carrie L. Greig, widow of a brevet· major She has taken up the study of the law, and has been admitted to of volunteers. The next is a bill granting a pension to Minnie practice-- Parker, widow of Bvt. Brig. Gen. Ely S. Parker, late of the United Mr. TALBERT. The gentleman will allow me to say that my States Army, at the rate of $75 a month, I think. remarks were not intended to have any personal application to Tenth. A bill granting a pension to the widow of Gen. John this officer. I do not wish to be understood as baving intended Newton. any attack on General Enochs. My remarks were made generally Eleventh. An act granting an increase of pension to Celeste A. in regard to this class of officers. Boughton, widow of Bvt. Brig. Gen. Horace Boughton. Mr. GROSVENOR. I hope that this amendment will be de Twelfth. An act granting a pension to Joseph R. West, briga feated, and that this House will not be afraid to testify its appre dier and brevet major-general, United States Army "Volunteers. ciation of a man who was a splendid soldier and a good citizen, Most of these bills propose to grant pensions of $75 to $100 a and of the worthy family that he has left behind him. month. Sir, I have no sympathy for these hypocritical croakings. I do Thirteenth. A bill to grant a pension to Charlotte 0. "Van Cleve, not believe they are in good faith. And when I examine the votes widow of Gen. Horatio P. Van Cleve. that are being taken here in this House of Representatives I have Fourteenth. An act granting an increase of pension to Marion no fear that that sort of talk will make any impression on the McKibben. intelligent soldiers of the country. The people of this country Fifteenth. A bill to increase the pension of Maj. Gen. Julius H. are willing that the widow of this distinguished officer should be Stahel. pensioned a little above the rate that is allowed to the grade of a. Sixteenth. An act granting a pension to Mrs. Julia Jones Dun privatesoldier. Thereis·nothing in it but thesamestockin trade can, widow of Bvt. Maj. Gen. Samuel A. Duncan. of the aiTant demagogue. That and nothing more. [Applause.] This is another brevet general. The CHAIRMAN. 'I'he question is on agreeing to the amend Seventeenth. A bill granting a pension to Eliza Craig Heckman, ment of the gentleman from South Carolina to strike out" fifty" widow of Brig. Gen. Charles A. Heckman. and insert "forty." Eighteenth. A bill to pension Mary Elizabeth Hieskell, widow The question was taken; and on a division (demanded by Mr. of the late Pay Director H. M. Hieskell, on the pension rolls. TALBERT) there were-ayes 14, noes 75. Nineteenth. An act entitled "An act granting a pension to Mrs. Mr. TALBERT. No quorum. Clifford Neff Fyffe." The CHAIRMAN. The point is raised that no quorum has I could go on with this recital; there are numbers of other voted. The Chair will count the committee. 1896. CONGRESSIONAL RECORD-HOUSE. 4697 One hundred and eleven members are present in their seats. A Mr. MILNES. Mr. Chairman, I move to amend the bill by quorum is present, and the amendment is rejected. striking out " thirty," and inserting " fifty." The bill was laid asjde to be reported to the House with a favor Mr. TALBERT. ThankGodforonesinnersaved. [Laughter.) able recommendation. The CHAIRMAN. The question is on agreeing to the amend BYRON COTTON. ment to the amendment. Mr. ERDMAN. Mr. Chairman, one moment, if you please. If The next business on the Private Calendar was the bill (H. R. this applicant is entitled to anything, he is entitledto$72 a month. 1022) to increase the pension of Byron Cotton. Thirty dollars is a wobble and a straddle. Fifty dollars is the The bill was read, as follows: same; and· $72 is what he is entitled to, if anything is due to him. Be it enacted, etc., That the Secretary of the Interior is directed and em Mr. MILNES. Does the gentleman desire to move an amend powered to place upon the pension roll the name of Byron Cotton, late of ment to the amendment by inserting "seventy-two"? Company A, Twenty-fourth Iowa. Infantry Volunteers, at the rate of $72 a month, in lieu of the pension he is now receiving. Mr. ERDMAN. I have not examined the bill. I only wished to say that if he was entitled to anything he was entitled to $72, The report (by Mr. BAKER of Kansas) was read, as follows: and that the proposition here is a mere straddle. The Committee on Invalid Pensions, to whom was referred the bill (H. R. Mr. BAKER of Kansas. Mr. Chairman, I had the hon~r to 1022) to increase the pension of Byron Cotton, late of Company A, Twenty fourth Iowa Infantry Volunteers, to $72 per month, having carefully consid report the bill in question, and we endeavored to get at all the ered all the facts and circumstances in evidence, recommend that the bill be facts, as far as it was possible to reach them. amended by strilrin~ out the words "seventy-two," in the sixth line, and That this man's eyes were affected while he was in the Army I inserting the word ' thirty" in lieu thereof, and as amended recommend the think there can be no question. That he has gradually grown passage of the bill. The bill was favorably reported by the committee in the Fifty-third Con worse until he has lost his sight entirely is undoubtedly true. gress, but the bill died on the Calendar. Under the old law he would be entitled to $30 a month for total dis Your committee adopt the report made by Mr. LACEY on February 19, 1895, ability. There is no positive evidence, however, on file that I could as follows: "Byron Cotton, of Company A, Twenty-fourth Iowa Infantry, enlisted on get possession of to show that the disability was absolutely the the 8th day of Au1~ust, 1862, and served until the 27th day of May, 1865. He direct result of army service. But there is a strong presump applied for a pensiOn under the general laws and was placed upon the rolls at tion that it was due to his army service. Had it been traced 4, which was afterwards increased to $12, for gunshot wound of left leg and injurl to face and right eye, and resulting disease of eyes and impaired hear clearly to army service he would receive $72 a month; but it was ing o both ears. not. To-day he is in a condition of total disability. There is no "He is now drawing a pension of $12 a month under the general law for question about that, and there is no question about this other those disabilities. " The soldier is totally blind, and has been for several years. fact~ that his total disability had its commencement in the army "The evidence on file in the claims (certificate No. 82711) in the Pension service. Bureau shows that the soldier's eyes were injured in the service, and the I want the committee to distinctly understand that while I have evidence also tends strongly to show that his present blindness is the result of his army service. The evidence upon this question is not sufficient to sat not been voting for the pensions of $50 and $75 and $100 a month, isfy the Pension Bureau that the blindness is the result of his army service. I stand ready not only to vote, but by voice and influence to Mr. Hayes, of lowa, appeared before the committee, explaining the helpless favor a pension for every man who faithfully served his country condition of the soldier and the esteem in which he was held while livmg in Clinton, and Mr. Long, of Iowa, making like statements as to the said soldier in the hour of its peril and is to-day totally disabled, to give him while living at Ottumwa. not less than $30 a month. In view of that sentiment in my own •• The evidence as to the origin of the blindness is very voluminous, and we breast~ and in view of the evidence before the committee, I have therefore do not set it out fully herein, but the evidence is quite strong, tending to show that the blindness was due to his army service and was a no hesitation in recommending $30 a month in this case. result of his pensionable disease of the eyes. The Pension Bureau, on Mr. PICKLER. If my colleague will allow me, this man is grounds satisfactory to the medical officers, do not accept the blindness as only entitled to $12 a month under the general law, and this raises the result of army service, but there is no evidence tending to show that the it from 612 to 530. blindness is due to any vice or fault of the soldier. "The soldier is poor and is supported b;v his wife, who keeps a boarding Mr. KEM. Mr. Chairman, I desire to ask the chairman of the house. He is totally and permanently blind, and if the evidence of army Committee on Invalid Pensions if he does not think that this origin of his blindness had been accepted he would be entitled to $72 a month soldier is as much entitled to $50 a month as the widow of a gen under the general laws. But inasmuch a.<; he has not made his title clear to the full rate of pension due to total blindness, and in view of the fact that eral, whose pension has just been allowed? the evidence does strongly show that his blindness is due to army service, Mr. PICKLER. Well, the gentleman remembers that the Presi we think that it would be a proper case for Congress to grant some assistance dent of the United States ·vetoed a bill the other day because he to this blind and helpless veteran." said the soldier did not acquire his disability in the service. Mr. TALBERT. Mr. Chairman, now I want to say a word or Now, G~neralEnochs, whosewidowwepensioned, was wounded, two just here on this question. as has already been said, in the service and died from that wound. As far as the insinuation of the distinguished gentleman from In this case there i<:J nothing to show that this disease was con Ohio [Mr. GROSVENOR] in regard to hypocrites with reference to tracted in the service. Now, we have increased the pension of pension cases is concerned, I do not care anything. He may have this soldier from $12 per month, the amount to which he is enti alluded to me and he may not have done so. I have too much tled under the general law, to two and one-half times that amount. respect for the distinguished-looking gentleman from Ohio to We have put it at $30, and that is more advance than ever was retort anything unkind against him. I admire him too much for given to a general's widow since I have been here in Congress. that, and I admire him especially in view of the fact that the [Cries of" Vote!" "Vote!"] · children have a great deal of respect for him because he looks so Mr. BAKER of Kansas. I beg your pardon-- much like old Santa Claus, and so I will let it go along. Mr. KEM. The answer of the gentleman from South Dakota. But if you want a sample of hypocrisy, if you want a sample of is no answer at all. It is plain that if this man is entitled to any inconsistency, if you want a sample of discrimination against the pension at all under the law he is entitled to $72 a month. good soldier, the old soldier, you need not go any further than the . Mr. PICKLER. No; that is not true: and whoever says that is consideration of the present bill. You will find it right here. Ignorant of the law. Here is a soldier against whom nothing can be brought, true and Mr. KEM. If he is not entitled to a pension at all he ought not brave and loyal. He received a disability in the Army from to have a pension. The plea of the gentleman that his pension which he is still suffering, and from the result of which he lost has been increased at a greater ratio than that of the widow of his eyesight. He is totally blind and helpless, and with a help any officer falls to the ground upon that proposition. [Cries of less wife on his hands to support, and yet gentlemen stand up "Vote!" "Vote!"] . here to advocate $50 a month for the widow of a general officer, . Mr. ERDMAN. Does the gentleman from South Dakota say and have not a word to say when this poor soldier's claim is reduced that if he is totally disabled from a wound received, or from dis from $72 dollars a month that the law would give him and is cut ability incurred in the service, if he is now blind, that he is not down to $30 a month. entitled to $72 a month? I call the attention of the House to this unadulterated specimen Mr. PICKLER. Not unless it was incurred in the service. of hypocrisy on the part of gentlemen who prate of their love Mr. ERDMAN. Does the gentleman say it was not incurredin for the old soldiers on every Friday night here, the old soldiers the se1·vice? · who stood by the flag. This same _spirit of hypocrisy which has Mr. PICKLER. This report does not say that it was. been manifested on so many occasions heretofore will go right Mr. ERDMAN. Does not the gentleman from Kansas [Mr. straight along; and this bill, like others, will be reduced to the BAKER] who reported the bill, and who has just spoken on the minimum amount, while the widows of the general officers and the bill, say that it was thus incurred? officers of high grade in the Army will receive the bounty of Mr. PICKLER. He says that that is his impression. It is not Congress. clearly proven. Now, the gentleman from Pennsylvania f::Mr. Mr. Chairman, why are there none to raise their voices here to ERDMAN] knows just as much about this case as any man here carry this old soldier up to $72 or even $50 a month, where he does. properly belongs? Why are they willing to leave it at the sum of The amendment to the amendment was agreed to. $30, and make this discrimination in favor of men who happened The amendment of the committee as amended was agreed to. . to hold a little higher rank? I leave the matter to the distin The bill as amended was ordered to be laid aside to be reported guished line of hypocrites on the other side. to the House with a favorable recommendation. · • 4698 CONGRESS!ONAt RECORD-HOUSE. MAY1, SOPHRONIA S. STOWELL. The bill was read, as follows: Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, The next business on the Private Calendar was the bill (H . R . authorized and directed to place on the pension roll, subject to the provi 5996) for the relief of Sophmnia S . Stowell. sions and limitations of the pension laws, the name of Julia H. H. crosby, The bill was read, as follows: widow of Freeman E. Crosby, deceased, late a lieutenant in the United States Navy, commanding the U. S. S. McArthur, at the rate of $50 per month~, and Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, $5 per month fo1· each of .her two children, in lieu of the pension which sne is authorized and directed to place the name of Sophronia S. Stowell on the now receiving. p~nsion roll as the surviving widow of Maj. David P. Stowell, late of First Maine Cavalrv. The amendments recommended by the committee were read, as Mr. ERDMAN. Let us have the report. follows: Change the title so as to read: "A bill to increase the pension of Julia H . H. The report (by Mr. SULLOWAY) was read, as follows: Crosby"; strike out the initial" E." occurring in the deceased officer's name, The Committee on Invalid Pensions, to whom was referred the bill (H. R. and substitute therefor the initial "H.": strike out the word "fifty," in line 5996) for the relief of Sophronia S. Stowell, submit the following report: 9, and insert in lieu thereof the word" thirty-five"; strike out all after the David P. Stowell was mustered in as major of First Maine Cavalry October word "month," in line 9, to and including the word "children," in line 10. 31, 1861. He was granted leave of absence October 13, 1862, for thirty days on surgeon's certificate of disability, on account of inflammation of liver and kid The CHAIRMAN. The question is on agreeing to the amend neys On November 25, 1802, his leave was extended for thirty days on another ments recommended by the committee. medical certificate, which showed that he was still suffering from inflamma .1\Ir. TALBERT. Mr. Chairman, I would like to hear the report tion of liv-er and kidneys. He was discharged to date December 4,1862, before his leave expired, but the rec01·ds, which are incomplete, furnish no further reau. evidence of c:lisability. He filed a claim on June 30, 1880, for disease of kidneys The report (by Mr. STRODE of Nebraska) was read, as follows: and injury of head which caused deafness in right ear. He was pensioned at The Committee on Pensions, to whom was referred the bill (H. R. 44.6) in .25 per month for disease of kidneys from date of discharge until Septem creasing t.be pension of Julia H. H. Crosby, widow of Freeman E. Crosby, ber 1o, 1881, when it was made to end on the ground that the disability there· late lieutenant, United States Navy, bave considered the same, and re~ort: from had ceased. Mrs. Crosby is the widow of Freeman H. Crosby, late lieutenant United Major Stowell died July 26,1884. and his widow, the beneficiary of this bill, States Navy, who was drowned in the active service ill the line of his duty filed a claim February 25, 1885, which has been Tejected by the Pension Office off the west coast of Washington on August 18,189!. and the rejection affirmed on appeal by the Secretary of the Interior on the While attached to the U. S. S. McArthur Lieutenant Crosby, in charge of ground that soldier's death resulted from chronic gastritis, not due to cause the whaleboat, attempted to land through the surf about 17 miles north of which has been legally accepted. Origin and continuance of di<>ease of kid Grays Harbor, State of Washington, to build a hydrographic signal, and while neys have been legally admitted. As has been stated the records show tba.t in the surf the boat was capsized and he was drowned. the soldier had disease of kidneys in the service and also disease of the liver, Lieutenant Crosby was appointed midshipman in the Navy July ZT, 1866, which is closely connected with the stomach. The testimony of Capt. Isaac and was promoted through the different grades to the rank or lieutenant, G. Virgin shows that soldier had disease of stomach in service, as well as dis which be attained on August 30, 1881. He performed arduous and distin ease of liver and kidneys. There is other evidence of disease of stomach in guished services, and was one of officers who volunteered to go to the Arctic service. Dr. Charles A. Coolidge, in an affidavit filed March 7, 1887, testified regions With Capt. W. S. Schley, in 1884_aboard the U.S. S. Bea1·. Commander as follows: Schley commends in the highest terms the conduct of the deceased officer on "Soon after discharge, within a month, I think, I was called to treat Major that voyage, and states that the loss to his country and to the naval service Stowell and found him suffering from stomach trouble, with much inflam 6fa£h~e.P!clffi~~t when Lieutenant Crosby met so terrible a fate in the breakers mation of stomach, indigestion, etc., and continued to treat him year by year, and in his last sickness. His stomach trouble did not yield to treatment, but The claimant is now in receipt of a pension of $25 per month, granted under gradually grew worse and was the main cause of his death. In my ov.inion the general laws, with $2 additional per month each for her two little chil the kidney trouble aggravated the trouble with the stomach and contributed dren, one of whom is but 6 years old and the other 8. more or iess to his death. His death, in my judgment, was caused by gas Lieutenant Crosby at his death left nothing for the support of his widow tritis. I have no doubt but that the exposure in the Army~ ~2geth!'lr with and children aside from about $4,000 life insurance, and the whole of this the climate and water, was the first and real cause of the UlDlculties that amount she has recently lost through the failure of a banking firm vf Bing finally caused his death." hamton, N. Y. Dr. Coolidge testified in an affidavit filed March 13,1884, that "his chronic l\Iany prominent businessmen of Binghamton certify to this fact, and give kidney troubles have borne upon him with great severity for the past year, it as thell' opinion that little or nothing will ever be saved from the wreck. and be is now in a critical situation." Dr. A. L. Stanwood testifies that he The papers before your committee show the claimant to be a most estima knows soldier's death was caused by kidney disease, accompanied by gas ble and deserving woman, and that she has absolutely nothing now aside from tritis. Dr. C. B. Bridgham testifies that soldier first came under his treat her pension with which to maintain herself and support and educate her ment in 1860, suffering with nephritis and dyspepsia, prescribed for him children. every year until his death; for two years prior to his death was his attend There are several precedents for the allowance of an increased pension in ing physician; that disease of stomach and kianeys increased, resulting in cases of this character, and in the light of the facts presented above your Brlr~bly musterec;I out. tinuously With a disease of the stomach and kidneys until h1s The service IS of record at the War Department, and It IS also shown m the soldier's bounty-land papers on file at the Pension Office. death, from disease contracted in the line of duty in the service; Mr. Rawlings is now over 76 years old and in dependent circumstances. but the Republican Ac;lministrators of the Pension Bureau in 1881 His identity_with the soldier who rendered the serv-ice is shown by the testi said no, that the disabilities disappeared, and, having refused to mony of C. M. Ball and Warren G. Ball, old residents of Independence Oounty, Ark., where claimant resides, and his financial condition is certified to by the -pension this man for more than $6.25 per month, they then took gentleman who introduced the bill in the House, he having known the appli that away entirely. Now these gentlemen come in and pension cant for many years. the widow at $25 per month on that sort of testimony. [Cries of The Sabine Indian disturbances were inadvertently omitted from the list "Vote!" "Vote!"] of Indian wars named in the Indian war pension act of July ZT, 1892 and hence those who participated in the Sabine war are obliged to depend for The bill as amended was ordered to be laid aside to be reported relief upon special acts of Congress. to the House with a favorable recommendation. This case seems to fully justify favorable action, and the passage of the bill is respectfully recommended. JULIA H . H . CROSBY. Mr. ERDMAN. :Mr. Chair man, is this bill within the jurisdic The next business on the Private Calendar was the bill (H. R . tion of the committee? 446) to place the name of Julia H. H. Crosby, widow of Freeman The CHAIRMAN. It is reported by the Committee on Pen E. Cro.sby, late lieutenant, United States Navy, on the pension roll sions. at the rate of $50 per month, and her two children each at the rate The bill was ordered to be laid aside with a favorable recom• of $5 per month. mendation. 1896. CONGRESSIONAL RE·CORD-HOUSE~ . 4699 should-be set aside hf the medical referee, who never saw the soldier, but MISS JULIETTE BETTS. who formed his opinion only on a theory, while the doctors·wno examined Tlle n ext business on the Private Calendar w as the bill (H. R. him formed their opinions ona condition which they found upon examination. The committee are of the opinion that the evidence is very conelnsiv~ a.nd. 4395) fox the relief of ]')fiss Juliette Betts. satisfactory on this p.oint, and therefore recommend the passage of this bill The bill was read, as follows: with an amendmen"t, striking out all a..4'ter the word ·~· month," in last line, Be it enacted etc., That the Secretary of the Interior be, and he hro·eby is, and adding "in lieu of all other pension." authorized and directed to place upon the pension roll of the United States, rcries of" Vote!" "Vote!"] subject to the provisions of the penRion laws, the name of Juliette Betts, the daughter or-Hezekiah Betts, a Revolutionary soldier, said woman being now 'rhe amendment recommended by the committee was read, as 91 years old and dependent. follows: Mr. TALBERT. I would like to have the report read. I have Strike out all after the word "month," in last line, and add "in lieu of ::ill not a copy of the report on my desk. other pension." The report (by Mr. HALTERMAN) was read, as follows: The CHAIRMAN. The question is on the amendment pro. The Committee on Pensions, to whom was referred the bill (H. R. 4395) posed by the committee. granting a pension to Juliette Betts, have considered the same and report: :Mr. ERDM~lli . Mr. Chairman, I want to call the attention of The claimant is the daughter of Hezekiah Betts, a Revolutionary soldier, the House to this remarkable change or perversion in the human whose service is shown in the following statement from the Pension Bureau: anatomy in order that it might ap}}ear that this soldier died fl.-um "DEPAR-TMENT OF THE I!\'TERIOR, BUREAU OF PENSIONS, "Wa~ihington, D. C., Februa1·y 1, 189G. the effects of a wound rece~ved in battle. The evidence shows "Sm: In response to your request of the 29th ultimo, herewith returned, that the ball en"'te-I'ed the right shoulder and passed through the for a report of the service of Hezekiah Betts, Capt. tephen Betts's company, shoulder blade. The gentleman drawing the report says the sol Connecticut Volunteers, war of the Revolution, I have to report that the dier received a gunshot wound in the neck. Now, it was, of papers in the claim of his widow, Grace Betts, No. 17277, show that he en listed July 11,.1779, and served th"ree years, and that he served under Colonels course, within 3 or 4, or perhaps 4 or 5, inches of the neck; but Butler and Webb. that the wound was in the neck nowhere appears. And then that "Very respectfully, WM. LOCHREN, Commissioner. cancer followed from the wound in -the shoulder. This aggrega •• Ron. H. C. LoUDENSLAGER, tion of statesmen is to set itself up as a medical congress and "Chairnwn Committee 0 11. Pensions, House of Rep1·esentatives." declare and determine that cancer behind the eaT follows fl.-om a From the sworn statement of Miss Betts it app~rs that she is 91 years old, unmarried, and the only surviving child of the soldier, who died in 18-37, wound down in the arm or shoulder. leaving a wife, who died in 1840. It further appears from her statement Mr. PICKLER. Where do you want him to have the cane-a'!' that both the soldier and his widow were pensioners and that she is in feeble located in order to get a pension? health and entirely dependent npon the charity of friends for support. A communication. signed by all of the officers of the Nor walk (Conn.) Chap Mr. ERDMAN. If the gentleman desires to address me, I wish ter of the Daughters of the American Revolution tully corrobor.ates the he would rise in his place and address me in a tone of voice that claimant's statements as to her relationship t.o the soldier, her age, and her I can hear. dependence, and her allegations are also corroborated by the certificate of the pastor and deacons of the First Congregational Church of.Norwalk. Mr. SULLOWAY. Where would you have it located for the There are s~veral precedents for the proposed legislation, and in view of convenience of your ar!?tiillent? [Laughter.] the long service of the soldier and the great age and destitution of the claim 1\ir. ERDll!AN. Well, the conv~nience of gentlemen is not con ant the passage of the bill is recommended, amended, however, by striking sidered locating wounds. I am not disposed to treat this mat out the words" subject to the provisions of the pension laws," in.J.ina5, and in substituting therefor the words'' at the rate of $12 per month." ter as lightlyas some gentlemen are. I do not want to stand here rCries of "Vote!"'"' Vote!"] and have it said that I, without objection, consent to have it said The amendment recommended by the committee was read, as of a body of which I am a member that we declared and deter mined such a foolish thing as that. If yon wa'Ilt to determine it follows: assume the responsibility for blazing the world in all these Strike out the words" subject to the provisions of the pension laws," in and to line 5, and substitute therefor the words "at the rate of $12 per month." cases the ridiculous things upon which you pass bills granting The amendment recommended by the committee was agreed to. pensions, say it out so that the world may see it, and then I am The bill as amended was ordered to be laid aside with a favor content. Put it in the report, spread it on the record, and I will say nothing more about it. rcnes of "Vote!" H Vote!"] able recommendation. The amendment recommenaed by the committee was·agreed to. M.A.RY CR.A.Y. The bill as amended was ordered to be laid aside with a favor The next business on the Private Calendar was the bill (H. R. able recommendation. 459.8) granting a pension to Mary Gray. D.A. VID 1i10STEN. The bill was read, as follows: The next business on the Private Calenda1· was the bill (H. R. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, 1!)36) to remove the charge of desertion standing against David authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension laws, the name of Mary Cray, the wife of Mosten. Michael Cray, late private in Company G. One hundred and fifth New York The bill was read, as follows: Volunteer Infantry, and Company G, Ninety-fourth New York Volunteer Be it enacted, etc., ThP.t the Secretary of War be, and he is hereby, author Infantry, and that he pay her a pension of $12 per month from and after the ized and directed to remove the charge of desertion standing against the -passage of this act. name of David Mosten, who enlisted under the name of David Mostenas a Mr. ERD~!AN. Let us have the report read. private in Company A, Nineteenth Regiment United States Infantry; was The report (by Mr. PooLE) was read, as follows; discharged, aud reenlisted i'n 'the same company and regiment; was absent without leave from said Company A, Nineteenth United States Infantry The Committee on In>Talid Pensions, to whom was referred the bill (H. R. after December 27, 1881, and while so absent again enlisted under the nam~ 4598) granting a-pension to Ma.ry Cray, submit·the following report: of Frank Blaw, in Battery H, Third United St..ates Artillery, onAugust 1, 1!l82, Mary CraylS the widow of Michael Cray, private of Company G, One hun and served until March 20, 1885· was then arrested and tried for desertion dred and fifth New York, and Company G, Ninety-fourth New York In f1·om his original Company A, N-ineteenth United States Infantry, and sen fantry, who enlisted November 9,1801, and waf'l discharged July 18, 1865, and tenced; before the exprrat10n of his term of imprisonment was pardoned by who died December G, 1874, of cancer of the neck. The evidence shows that the President of the United States, with permission granted to reenlist, and the soldier receiv-ed a gun hot wound in the neck at the battle of Antietam, is now of Battery I, Second United States Artillerl"> having served eleven Md., on the 17th of September, 1 G2. The ball entered the right shoulder ~~~fe!~~thful service since his absence without eave under his original near the top and passed through, making its exit through the shoulder blade. Dr. James M. Ca.sy, assistant surgeon One hundred and fifth New York Mr. TALBERT. Mr. Chairman, I ask the gentleman in charge Infantry, testifies that he dressed the wound at the time of the battle, and of this bill to allow it to be passed over fo1· the present. and let us describes the wound as above. Comrades of Cray who were with him when he received the wound corroborate the condition of the wotmd, and both tes go on with the consideration of other measures. Here is a bill for tify to Cra.y's complaining of pain. in the shoulder from the wound until the the relief of a deserter, arid I do not think we ought to take it up time of his death. Dr. Charles Buckley, a well-known ph:ysician, of Rochester, in view of the fact that there are cases of merit on the Calendar N.Y., testifies that he was well acquainted with the soldier, and in 1873 pre· which ought to be considered ahead of such a bill as this. I ask scribed for him for a swelling on the right side of neck below the ear, and behind the carotid artery. After a. careful examination by Dr. Buckley and the gentleman to let it be laid aside, in order that we may save two other sm•geons, it was decided to attem-pt to remove it. After pToceed time and pr.oceed with the consideration of more meritorious bills. ing with the operation it was found to be a growth of a malignant character, Mr. TYLER. Mr. Chairman, in reply to the gentleman's re situated on the vertebral column and impossible to remove. . The disease was fatal in its character, and produced death in 1874. Dr. quest, I beg to say to him that if he would let this bill come im Buckley further testifies that it may be considered probable that the cancer mediately before this committee for consideration he would save wa.s caused from the effects of the gunshot wound received in service. Three more time than by seeh.'ing to delay it. I shall press for the pas citizens of Rochester, N.Y., testify that they were neighbors of Cray, and knew him intimately fl'om the time of his return from the Army, in 1865, up sage of the bill. The simple reading of the report shows that this to the time of his death, in 1874, and that they often heard him complain of is a meritorious case. It is not a pension case. It is a bill for the the wound in his neck that be suffered from until his death. Cray never purpose of removing a disgraceful ban which rests upon a soldier applied for a pension. His widow appli-ed for a pension under the general law in 1879, and was rejected June 30, 1882, on the ground that gunshot wound who is now serving in the Army of the United States. As there of shoulder was not the cau e of cancer of the neck, from which soldier died. port shows, this soldier has-ah·eady been in service of the United The claim was appealed in 11!95, but-rejection was affirmed J.a.nuary 4, 18!:18. States for nearly twenty-two years. Some twelve years ago he 'l'he medical "referee of the Pension Bureau refuses to accept cancer as re sult of the wound. The claimant received a pension under act of June, 1 90, committed the fault for which he asks the pardon of the Congress on October 31, 1891, at $8 per month. The question involved is whether the of the United States. He is now in the service. He is a member opinion of Dr. Richards, who treated soldier from discharge to his death, and of Battery I, and is stationed at Fortre.css Monroe. He is a man of that of Dr. Buckley and the othro• physicians w.ho examined and attempted an operation on soldier in 1873 for the-m.nlignant growth, and the testimony ex~ellent character. He has already reached the grade of cor: of neighbors as to cau-se of death as the result of wound received in battle poral since he was permitted by the Secretary of War to reenlist. 4700 CONGRESSIONAL RECORD-HOUSE. After his punishment for desertion, or rather for changing from as the Iron Brigade, and who performed distinguished service one company to another, he was allowed to enlist again in the throughout the war, and I want to have read, in my own time; an Army of the United States, and it would be a disgrace to that extract from a speech made by that distinguished Union general Army to allow a soldier to remain in its ranks with this ban upon in the Forty-ninth Congress on the subject of pensions. It was him. [Cries of "Vote!" "Vote!") made, I believe, when the pauper pension bill was under discus Mr. TALBERT. Mr.Chairman,Ihopethisbillwillnotreceive sion after it had been vetoed by the President. a favorable report from this committee. I am astonished to hear I ask that this portion of the speeqh of General Bragg be read, gentlemen crying '' Vote! " ''Vote! " on a bill like this-- as it will throw some light upon this question of bummers and Mr. PICKLER. Mr. Chairman, I make the pointof order that deserters, coffee coolers and camp followers. I hope gentlemen the gentleman from South Carolina is not entitled to the floor, will listen to the reading of a part of the speech of as distinguished having spoken once on this bill. · - a man as belonged to the Federal Army. Especially do I ask for The CHAIRMAN. The point of order is well taken. it the attention of the distinguished chairman of this committee, Mr. TALBERT. What is the point of order? who is so anxious for "order." I ask him to listen to this. The CHAIRMAN. The pointnf is that the gentleman has once The Clerk read as follows: addressed the House on this bill and therefore is not entitled to Mr. BRAGG. No, sir; not now. There were HO regiments and a. number be heard a second time. of battalions, in all, of colored troops raised during the war. A large por· tion of these troops were engaged in guarding railway stations in the rear; Mr. TALBERT. I have not addressed the House upon this bill. and a few regiments, three or four, were regiments of heavy artillery. I have only made a few remarks. [Laughter.] And I submit to 'I'his pension clause opens the door for a. pension to every one of the soldiers the Chairman that the point of order is not well taken. of the seven regiments that were organized into battalions for the purpose of caring for them, men picked out as being physically unable to do soldier's The CHAIRMAN. The Chair has ruled that the point of order duty. It opens the opportunity to place upon the roll, out of the whole 100 is well taken. regunents, every single man and regiment that was not engaged in active Mr. TALBERT. Then do I understand the Chair to say that a service in the presence of the enemy. It permits a pension for every hundred gentleman has no right to address the committee? day man who came out to have a pleasant and Jaunty excursion when he thought that if the "rebs" only heard that he was coming they would run The CHAIRMAN. The Chair simply holds that the rule pro away from Bull Run. _ vides that a member shall not speak more than once upon the It places or gives an opportunity to place upon the pension roll the hun same question if objection is made. dred-day men who closed the war with a blaze of glory in April, May and June, 1865. It permits an opportunity to go upon the roll202,000 men, i1,000 Mr. TALBERT. That is, if somebody else wants to speak. If of whom afterwards were deserters-202,000 men that were organized under anybody else wants to speak on this bill I will yield to him and the call of the President in December, 1864. Only three months before the wait until he gets through. war was terminated in fact a call came, and under that call during the months of January and :B'ebruarythere were organized, in response to it, troops con The CHAIRMAN. The gentleman from South Carolina is not sisting of ~.000. Some 13,000 of these were discharged, even at the original in order. . camp of rendezvous, because there was no occasion to demand the assign Mr. ERDMAN. Mr. Chairman, I think the rule is different ment of them to any regiment. Now, who were these men? I say to gentlemen who talk about soldier~, who were these men? Do not from what the Chairman holds. The rule, as I understand it, is stand here in your place and talk about the devotion of the country to its that if no other member desires to speak, a gentleman may address defenders, to thl3 men who heard the Bhriek of the bullet and shot and shell the committee more than once on the same subject. However, I and battle, and covered with blood and carnage carried the flag to victory. Who were the majority of those men that found themselves in the service of yield to the gentleman from South Carolina. the United States' from December, 1864, to February, 1865, that Congress Mr. TALBERT. Now, Mr. Chairman, I desire-- Mr. PICKLER. Mr. Chairman, I make the point of order that ~~~ed!!~~Jf.nif~:St~:S ~e~~Wot~~-r~~io!;~f~nl~e:r::~~ t:t::f~ They were men who stayed until those who did not want to go to the front the gentleman from Pennsylvania has no time to yield. raised money by vote and taxation upon the property in the municipalities Mr. TALBERT. I would be glad if the gentleman [Mr. PicK and counties had funds placed in their hands to hire and buy things to go LER] would take a quart if a pint will not do him. I want to say that could fill the quota and enable them to escape the draft. They were, I said, the scum; ye.s, and the dregs. They stood in their holes until they were to the gentleman that I will talk, and he can not prevent me. bought-bought by substitute brokers, bought bymen who were speculating [Laughter.] You may try to apply the gag rule, but you can in blood, paid from $100 to $800 apiece feeling assured that they were physic not stop my mouth. ally so defective that all they had to do was to go to a hospital and there was The CHAIRMAN. The gentleman from South Carolina is not no danger to their precious carcasses, so that they could pocket their $100 and go without fear of any injury befallin~ them. in order, and he will take his seat. '.rhere are gentlemen on the other Side of the House who I trust are with Mr. TALBERT. The Chair can rule to suit himself. me on this question, and who kuow just as well as I do that the prisons were The CHAIRMAN. The gentleman can not violate the rules of emptied, that the_p_~orhou~es were emptied, that the slums were all emptied by the proffer of 5)AA.I at the door to brmg out the inmates that they might the House in that way. be put as a paper credit on the army roll of the United States, and the men Mr. TALBERT. All right. I will come again. [Laughter.] who brought this about pocketed the difference made in the trade. I have The bill was laid aside to be reported to the House with the rec seen them coming down with ambulances in the rear by scores trying to get people of that class, c.alled soldiers, to march from the shores of the Potomac ommendation that it do pass. to the banks of the Rappahannock, and the atwmpt to get them to the front NANCY GENTRY. was a failure. There is another class. And I might say in that connection when you talk The next business on the Private Calendar was the bill (H. R. about poorhouses the men you find there as a rule are the men who came 5175) granting a pension to Nancy Gentry. from the poorhouses to ~o to the Army, and when they came back they lapsed into their natural conditiOn. No genuine soldier in any patriotic community The bill was read, as follows: that I have ever seen ever needed to go to the poorhouse to be provided with Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, all that was necessary to care for him. We kuow, Mr. Speaker, that it is not authorized and directed to place upon the pension roll, subject to the provi in that way that the patriotic people of the North treat their soldiers. sions a.nd limitations of the pension laws, the name of Nancy Gentry, Widow These men that go to the poorhouse go because they are native there; they of John A. Gentry, at the rate of $8 per month. are drones; they have lived from hand to mouth. They have got no enter prise; they have got no self-respect; they have got no character. They lie Mr. ERDMAN. Let us hear the report, Mr. Chairman. down and open their mouths for a teat to suck, and it does not make much The report (by Mr. CoLSON) was read, as follows: matter what animal has the teat so long as they can suck anything from it. The Cominittee on Pensions, to whom was referred the bill (H. R. 5175) granting a pension to Nancy Gentry, have considered the same, and report: Mr. STEWART of New Jersey (before the reading was con Nancy Gentry is the widow of John A. Gentry, who served as a private in cluded). I ask unanimous consent that the further reading of this Captain Jetton's company of Tennessee Mounted Volunteers from May 19, be dispensed with. fLaughter.l 1836, to June 16, 1836, Cherokee Indian war. This service~which covered a Mr. TALBERT. l ask that the clerk read on. I have the floor, period of twenty-nine days, is a matter of record at the vv ar and Treasury Departments. and this is being read in my time. I hope gentlemen will not It is also alleged that he served from June 26, 1836, to December 28, 1836, in get uneasy. Captain Fletcher's company of cavalry, but no record of this service can be The Clerk resumed and concluded the reading. found. In her application to the Pension Bureau under the Indian war service Mr. TALBERT. Now, Mr. Chairman, that speaks for itself. pension act of July Z'l, 1892, the claimant has shown that she married the sol I only want to put on record what that distinguished soldier dier in 1845 and remained his wife up to his disappearance from home in 1857; thought of these "camp followers," "coffee coolers," and "bum that he has not since been seen or heard from, and that she has never remar ried. mers." The claim was rejected on the ground that the service of the soldier so far Mr. PICKLER. Let it be understood that it was a member on as it is shown by the records, was one day short of the time required to give that side of the House who made that speech. title under the law. · The claimant is about 71 years old, a great sufferer from rheumatism, and The question being put, the bill was ordered to be laid aside to with no means of supJ>Ort except a small mountain farm worth not more than be favorably reported to the House. $200. She is now unable to do any work and is obliged to rely upon the assist ance of others. These facts are shown by the sworn statements of L. C. ELIZABETH T. BEALL, Farmer and W. J. Kerley, residents of Bledsoe County, Tenn. The passage of the bill is respectfully recommended. The next business on the Private Calendar was the bill (H. R. Mr. TALBERT. Mr. Chairman, as a good deal has been said 3033) to increase the pension of Elizabeth T. Beall, widow of Ben upon this floor about my position in regard to deserters, coffee jamin L. Beall, late colonel First United States Cavalry. coolers, camp followers, and bummers, I want to say that the The bill was read, as follows: Be it enacted~ etc.• That the Secretary of the Interior be, and he is hereby, word ''coffee cooler," as I understand, is a word that was coined by authorized ana directed to increase the l!ension of Elizabeth T. Beall, widow ·one of the most distin~ished Union generals in the Federal Army, of Benjamin L. Beall, late colonel of the First United States Cavalry, who is General Bragg, of WISconsin, who commanded what was known now on the rolls, to $100 per montb. 1896. CONGRESSIONAL RECORD-HOUSE. 4701 The amendment reported by the committee was read, as follows: of the gentleman from South Carolina was made by. General Strike out the words " one hundred" and irisert "fifty "; so as to make the Bragg. · There followed him, upon this side of the Chamber, a pension $50 a month. gentleman who is this evening the chairman of this Committee of Mr. TALBERT. I ask for the reading of the report. the Whole. It will take but a moment to read, as part of the his The report (by Mr. STRODE of Nebraska) was read, as follows: tory of that occasion, the remarks then made by the gentleman The Committee on Pensions, to whom was referred the bill (H. R. 3033) from Iowa, which the Clerk now has before him. I ask that they granting an increase of pension to Elizabeth T. Beall, have considered the be read. same, and report as follows: It is shown by a report of the adjutant-general, United States Army, that The Clerk read as follows: the deceased soldier, Benjamm L. Beall, entered the service of the United Mr. HEPBURN. Of all the gentlemen that have spoken in opposition to th& States June 8,1836, as captain of the Second Dragoons; was subsequently pro passage of this bill every one save one voted for it. There is some reason for moted to be colonel, and retired from active service Februaq• 15h1862, for change of front, Mr. Speaker. A number uf those gentlemen like myself incapacity resulting from long and faithful service. He died m t e city of terminate their official life on the 4th of next March. And a large number Baltunore August 16, 1863. of them, unlike myself, are now mendicants about the White House- Mrs. Beall is now pensioned a.t $30 per month under the general law, and "Crooking the pregnant hinges of the knee her petition for an increase of the same is ;lS follows: That thrift may follow fawning." [Applause.] "BALTIMORE, February £7, 1894. Mr. Speaker, I deny the right of the gentleman from Ohio [Mr. WARNER} or the gentleman from Wisconsin rMr. BRAGG] to speak for the Grand Army "To the Senate and United States House of Representatives. of the Repnblic of this country. f tell you, sir, that while those gentlemen "GENTLEMEN: I beg leave most respectfully to petition to you for an in did occnpy honored places in the great army, and were everywhere esteemed, crease of my pension. I have arrived at that age (now in my ninety-third yet they are looked upon by the Grand Army to-da.y, when they rise in their year) wher~ I requir~ such care a.nd attention that my present pension of $30 places here to denounce their old comrades as vagabonds and scamps and per month IS wholly madequate to supply. · perjurers and the scum of humanity, as Benedict Arnold was after his trea "I am the widow of the late Col. Benjamin L. Beall, of the First United son by his old comrades in arms. f Applause.) States Cavalry, who, during a long life, rendered distinguished services to Mr. Speaker, there was a time when Benedict Arnold rode along the lines his country. with flashing eye and gleaming saber, and when he met with the acclaims of "Through the influence of Hon. Lewis Ca-ss and Daniel Webster he was a brave soldiery, who welcomed him with long huzzas as a leader withont appointed captain in the Second Reltiment of Dragoons, United States Army, blemish or reproa-ch. · Yet there was another period in his life when he held an interview 'With an ~ln~~~~:~~~~~~l~~~~~~~::.~~''j~~!Efi~~=~~~e~~ef~~ American on English soil, he not daring to come on American soil. He asked promotion for his successful contests with the Indians. that old comrade what he thought those who had worn the uniforms of the "In said recommendation General Worth say~;: 'Capt. B. L. Beall has met Continentals in the days of the Revolution thonght of him-what would the enemy in this contest oftener, perhaps, than any other officer; is brave they do with him should they meet him? The reply was: "They would cnt off and generous. Would therefore recommend him for promotion.' your leg that was wounded at Saratoga and bury it with the honors of war. "Was :promoted to the brevet rank of major for gallantry and successful and the rest of your carcass they would hang npon a gibbet." services m the war against the Florida. Indians March 15, 1837. [Applause.] " Ordered to the Indian Territory after the Florida. war to select a site for a. fort. Established Fort Washita; and stationed there until the war with It would be with snch an answer as this that the old soldiers, the member· Mexico, where he served with distinction. After said war he was ordered ship of the Grand Army of the Republic, would repudiate the claim of the to New Mexico; there served as civil and military governor. From there gentleman to speak for them in snpport of the President's cruel veto. ordered to California and commanded Fort Tejon .until the death of General Mr. Speaker, your table is now weighed down with petitions from the old ·Clark. Then commanded the Department of the Pacific from 1860 to 1861. soldiers calling for the passage of this bilL For a time was conspicuously associated with the history of the Pacific Coast. I From there was ordered East, placed on the retired list of the Army, and Mr. PAYNE. Mr. Chairman, desire only to add that very died at the city of Baltimore in the month of August, 1863. shortly after that speech was made the name of the distinguished "Ho~ing this will meet with your earliest consideration and approbation, gentleman from Wisconsin, General Bragg, was sent to the Senate " have the honor to be, most respectful~rEn~ifl~~~n~.sjf~~L., by the President for confirmation as minister to Mexico. [Laugh ter and applause on the Republican side.] And the name of an The claimant's allegations as to her age and dependence are borne ont by the testimony of Dr. Y. S. Marriott, Dr. H. M. Wilson, and other reputable other distinguished soldier, whom I will not mention here to-nigh~ residents of the city of Baltimore; and it is further shown that by reason of who also changed front in view of the Presidential veto, was failin~ eyesight and other ailments incident to her great age she has for a speedily sent to the Senate for confirmation to an office at a salary long time past needed the services of an attendant. It appears further that she has had dependent upon her an invalid grand of $7,500 a year. daughter, and this, together with the requirements of her own condition, The CHAIRMAN. The question is on agreeing to the amend have long since exhausted all her means except the pension referred to above. ment reported by the committee. She was married to the soldier in 1824. There are several precedents for the allowance of $50 per month to the Mr. KEM. Mr. Chairman, I see that the bill now under con widows of soldiers who attained"the rank held by the clli.imant's husband, and sideration has been reported by the committee with an amend in view of her extreme age and the necessities of her condition y:our commit ment reducing the proposed pension from $100 a month to $50 a tee believe that she should be allowed such a sum as will proVIde her neces sary attendance and care dnring the remaining days of her life, which must month. I am glad to see that. It seems that the opposition which of necessity be very few. has been made in this House to this unjust discrimination in favor The bill is therefore returned with the recommendation that it be amended of officers and the widows of officers as against private soldiers by striking out the words "one hundred," in line 6, and substituting therefor the word "fifty"; so as to allow a pension of $50 per month, and that as so and their widows is having some effect. And in hope that there amended the bill do pass. · may be additional good along this line, and that gentlemen on the Mr. TALBERT. Mr. Chairman, I rise to a question of privilege. other side of the House may be brought to see more fully the The CHAIRMAN. The gentleman will state his question of eiTOr of their way, I desire to send to the desk and ask to have privilege. read in my time a letter-- Mr. TALBERT. Mr. Chairman, when the bill before that last Mr. HARDY. You say ''gentlemen on the other side." What disposed of was under discussion I made a few remarks upon it, side? and after I sat down another gentleman made some remarkS Mr. KEM. That side [referring to the Republican side]. upon the same bill. When he took his seat I got up to make other I ask to have read a letter which I have just received from the remarks. The gentleman from South Dakota made the point that adjutant of U. S. Grant Post, No. 12, Department of the Potomac, I had spoken once, and had no right to speak again. I desired to Grand Army of the Republic, .Washington, D. C. speak, provided no one else wished to speak. And I submit, sir, The Clerk read as follows: W .A.SHINGTON, D. C., April29, 1898. that the rule would have permitted me to speak, as no one else SIR: I have the pleasure of inclosing herewith copy of resolution unani wanted the floor. But I was denied the privilege of expressing mo~sly adopted by this post, heartily indorsing the sentiment expressed and my views, and I think, sir, that I have been wrongly treated by actiOn taken by yon upon the nonpensioning of officers or their widows at a rate reater than that of the private soldier, whose valor or patriotism was the Chair. I believe the Chair has misconstrued the rule. Upon eqna, if not greaterhthan those who wore the shoulder straps. the top of that the gentleman from Pennsylvania fMr. ERDMANl Very respectfn y, took the floor and yielded to me, but notwithstanaing all this 1 HORACE H. BROWER, Adjutant. Hon. OMER M. KEM, was denied the privilege of expressing myself before the Commit House of Repl"esentatives. tee of the Whole. I think, sir, that I have been unjustly treated by the· Chair. I call attention to the rule. Mr. KEM. In addition to that, I ask to have read the resolu The CHAIRMAN. The question is on agreeing to the amend tions passed by that post in connection with this matter. ment. The resolutions were read by the Clerk, as follows: At a regular meeting of U. S. Grant Post, No. 12, Grand Army of the Re Mr. PAYNE. Mr. Chairman, I dislike to occupy any of the public, Department of the Potomac, held on the 14th day of April, 1896, the time of the Committee of the Whole; but the gentleman from following resolutions were unanimously adopted: South Carolina fMr . .TALBERT], in asking for the reading of a "Whereas the membe~ oft~ post ha~e with sorrow oh::erved that the present Con~ress has, With a laVISh hand, mcreased the pellSlons of the wid· speech made by General Bragg in the Forty-ninth Congress, has ows of certam officers of high rank far beyond the rates allowed by the general recalled to my :tnind a scene which will never be effaced from it. law· and . The question then before the House was whether a pension bill "Whereas, this Congress has not, down to this time, enacted any general which had been vetoed by a gentleman who was then and is now law to benefit the widow of the offic.3r or enlisted man, who receives bnt $8 per month, or to remedy the ruling of the Pension Bureau which denies ro the President of the United States should pass notwithstanding thousands of them even this small pittance if they have an income of S8 or his objections. It was about the close of that Congress, when sev more per month; and "Whereas, the granting of large increases of pension by special acts to the eral eminent gentlemen were about to retire. .Among them was widows of officers of high rank, while the widows of men of humbler rank. General Bragg, of Wisconsin, who had stood here during all that who were none the less brave, and whose lives were none the less precious, are Congress as the- special sponsor for the soldier. ignored, is a great injustice, against. which every patriot should protest; and When that veto came in there was a change of front; and the . "Whereas recently certain honorable members of the House of Representa tives have earnestly protested against this nnjust discrimination and de s-peech which has just been read to the committee at the instance clared their determmed opposition to such legislation: Therefore 4702 CONGRESSIONAL RECORD-HOUSE. M.A_y 1, u Be it 1·esolved, That the members of this post hereby_ express their grati who·introduced the bill to explain to the House exactly what loss tude to the Hon. H~INRY M. BAK.ElR the Hon. JAMEs A. HEMENwAY, theHon. Omm M. KEM, and the Hon. JOHN E. McCALL for the words spoken and the this lady ever incurred because of his service in the war of 1812, attitude as umed by them on that occasion, and for which the veterans of and consequently what pensionable disability is in the ca-se at all. U.S. Grant Post, No.12 will ever hold them:in tender remembrance; and Mr. BLACK of Georgia. I introduced the bill, I will state to "Be it further 1·esolved, That these resolutions be made a. part of the records of this post, and that a. copy thereof be forwarded to eae;h of the said mem the gentleman from New Hampshire, and the facts· are stated in bers of tho House of Representatives." the report of the committee. The report ana the bill are in the A true copy. line of precedents hE!retofore established by the House. The bene CHAS. S. HERRON, Commande1· U. S. Grant Post, No. 1£. ficiary of this bjll is old and feeble. Her physical condition re Attest: quires the attendance of a nurse. She ·has practically no means HORACE H. BROWER, .Adjutant. except the pension she is now receiving, $12 a .month, and this Mr. TALBERT. Mr. Chairman, I move to amend the amend bill increases it- to 18. ment of the committee by striking out "fifty" and making it Mr. BARER of New Hampshire. Does the gentleman propose "forty." that every _person who does not have property enough to support Mr. GROSVENOR. I move to amend the amendment by add her, no matter what time she was married to an old ·soldier, shall ing to that communication which has just been read the name of be supported by the Government of the United States? the gentleman from South Carolina, as he seems to have been Mr. BLACK of Georgia. No; the gentleman does not. omitted by the writers of it for some reason. [Laughter.] Mr. BAKER of New Hampshire. Then, under what rule does Mr. TALBERT. I hopetheywill not-putmein, but simply put •he suppoTtihis bill? in the name of Santa Claus. That will do as well. Mr. BLACK of Georgia. I support it because of her helpless, Mr. PICKLER. I would1ike to ask wJ10 signs that letter which dependent condition, because-she is the widow of an old soldier, bas just bean read? ·and because it is in the line of a -precedenttaJ.ready established. I Mr. KE:M. It is from the U.S. Grant Post, No.12, {)f the De will state to the gentleman very frankly that .if this was an original partment of the Potomac. question, I think there might be more merit in his objection; but ].f.r. PICKLER. It seems tome that the Grand Army posts of inasmuch as it seams to be the po1icy of the Government to grant Washington are not likely to know more of our constituents and pensions to this class of -persons, I see no reason why others should their needs than we ourselves do; ·and that they are hardly in a be pensioned and this app1icant denied. position to be able to instruct the representativ.es of the people as Mr. BAKER of New .Hampshire. But I presume the gentle· to their duty. man does not intend to say that a bad precedent makes a right bill; Mr. KEM. I presume that the Grand Army post in Washing ~nd if there is any reason for this pension, it is because the lady ton is as capable of judging whether the action of Congress is just 1s now old,;and, as the gentleman says, penniless; but she is not .or unjust as anybody else in the country. old because of the service of her ,husband some forty years prior ·Mr. PICKLER. And I think they showverybad.taste in mak to the time of her ·marriage to him, and she is not penniless be ing such comments. cause of that -service. Now, ;if :.the gentleman can tell w.hy she Mr. KEM. They are men w_ho as fully understand this ques should be J>ensioned, except on the ground ·of a bad precedent, I tion as anybody else. shouldlike to .know the pru.·ticular reason. The CHAIR-MAN. 'The question is on agreeing to the amend :Mr. BLACK of Georgia. This old lady ·is .already -pensioned, -ment ·to the amendment proposed by the :gentleman from South and this is an application to increase her pension from $12 to $18 Carolina. per month on account of her helpless physical condition. It is a 'The question was taken; and on a ·division (demanded by Mr. small sum, smaller than has bcen_repoTted .in otheT bills which TALBERT) there were-ayes 5, noes 78. have passed the committee and the Rouse. Mr. TALBERT. No quorum. Mr. BAKER of New Hampshire. Then receiving a pension Mr. PICKLER. Who makes the point of no quorum-against -under a ·law ·which does not debar·her on account of her late.mar this old widow of the .Mexican war, 93 or 94 years old? riage to the soldier ·isin .the.gentleman's ·mind:a justification for The CHAIRMAN. The -point of order is made .by the gentle our -pensioning her at a .greater rate over eighty years after the man from South Carolina. solili-er rendered his service, she having manied him about fifty Mr. TALBERT. I want to state to the·gentleman.from South yeaTs after the war? Dakota that I made it and am entirely responsible for it, 1and I ..Mr. BLAOK of Georgia. I am willing to let the committee did not do it in a whisper, ·either. It was not made against this pass upon that question. widow, but some of the deserters and bummers·who are to come The amendment recommended by the committee was•agreed to. after ·her on this Calendar. I .have to make a fight :all along The bill as amended was ordered to be laid aside to be reported the line. to the House with-the recommendation that it do pass. The CHAIRMAN (having counted the committee). One hun ADA. J. SCHWA. TKA.. dred and nine members aTe in the.Hall-a quorum. The. next bus~ness on th~ Private Calend!'lr was the bill (S. 710) So the amendment to the amendment was rejected. .gx:an.tlng a pension to Ada J. ·Sahwatka, w.1.dow of the late Lieut. The-amendment recommended by the committee was agreed -to; .Frederick Schwatka. and the bill as amended was laid aside to be reported.to the House The bill was read, as follows: · -with a favorable recommendation. :Be it ena:cted, etc., That .the Secretary of the Interior be, and he is hereby THERESA. PEEBLES. directed to_place on the pension--roll the. na-me of Ada J.-Schwatka, widow of the late Frederick Schwatka, late first .lieutenant, Third Cavalry, United The next business on the 'Private Calendar was the bill (H. R. States :Army, at the-rate of $30 pernwnth.. 4355) to increase the -pension of Theresa_Peebles, of Jefferson The Committee·on Pensions recommended.an amendment strik- County, Ga. ing out " thirty " and inserting " seventeen." The bill was read, as follows: MI·. ERDMAN. Let us have·the report. Be it enacted, eta., That the Secretary of the Interior be, a.nd he is hereby, authorized and directed to increase tlle pension of Theresa Peebles, of Jeffer The report (by Mr. CoLSON) was read, a~ follows: son County, Ga., a widow of a soldier of the war of 1812,.from $12 to $20 per The Committee on Pensions, to whom was referred the bill {S. 710) grant month. ing a. pension to Ada J. Schwa.tka., widow of Frederick Schwatka, late first lieutenant, Third Cava.lry,.United States Army, have considered ..the same, Mr. ERDMAN. Let us have the report. and-respectfully report.: The report (by Mr. BL.A..CK of Georgia) was read, as follows: Said bill is accompanied by Senate ReportNo. ·55, this session, and the same, Tho Committee on Pensions, to whom was referred the bill (H. R. 4355) fully setting forth the facts, is adopted by your committee as their report, granting an increase of pen ion to Theresa Peebles, have considered the .same a.nd the.bill is returned.withAihe recommendation that it be amended so as and report: to fix the rate of pension at $17 per month, in accordance with the rank held The claimant is the widow of Hem·y Peebles, who served a.a a. PI"ivate in by the deceased officer, and that as so amended the bill do pass. Qapt. John P. Harvey's Company of Georgia. Volunteers from -August 2l,l8J3, to March 12,1814, in the war of 1812. [Senate Report No. 55, Fifty-fourth Congress, first session.] The soldier died September 21, 1880, and his widow (the claimant) hn.s since The Committee on Pensions, to whom was referred the bill (S. 710) grant been granted the pension of $12 per month allowed by the general pension ing a pension to Ada J. Schwatka, have examined the same, a.nd report: laws to the widows of i:>oldiers of the war of 1812. A similar bill waq introduced in the Fifty-third Congress, reforred to the Mrs. Peebles married the soldier inlSM, and she is now. about 66 years old. Committee on Pensions, reported favorably, and \>assed the Senate. "The above facts are shown by the pa.~ers on iile at the Pension Bureau, and The milita1-y reoord of Lieutenant Schwatka is fully-set forth in the follow it appears from an affidavit signed by Joshua F. Denton, J.' T. Glover, James ing communication from the War Department: . Stapleton, and "E. N. Stapleton that the claimant is very feeble and afflicted, "'WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE, and that she has but littl&-means aside from her pension. She has been liv " Washington, June 16, 1894. il}.g_ a.ione until recently, her condition becoming such that she has been obliged to hire a woman to live-with her. "-Btate11tent of the milita1·y se1-vice of F'redericl~ SchtVatka., late of the United There are several precedents for the proposed legislation, and in view of States .Arm.y, compiled f1·om the records of this office. the facts above set forth your committee respectfUlly recommend the pas "He was graduated .from the Unitea States Military Academy, and ap sage of the bill with an a-mendment fixing the rate of pension a.t $18 per pointed second lieutenant, Third Cavalry, June 12, 1871; promoted first lieu month. tenant, 'rhird Cavalry, March 20, 1879; resigned January 31, 1885. "He joined his regiment November 28,1B71, and served with it in Arizona Mr. BAKER of New Hampshire. Mr. Chairman, if I .under and Nebraska to August 13 1874; on duty with the Big Horn and Yellowstone stood the reading of that repOTt correctly, this lady is to be pen eXJ)edition to October 2, 1874; with regiment in N ebraska and Wyoming to sioned because she is the widow of a soldier of the war of 1812. May 18, 1876; in the field on Big Horn and Yellowstone expedition to October 27, 1876; on_dutyatOampSherida.n, Wyo., to November25,1877,a.ndatSpotted and the report shows that she was married to him in 1864. If TailAgency,Dak., to March 6,1878. that is a correct statement of the facts, I would like the gentleman "He left his post in Dakota on the latter date, on leave of absence granted ' 1896. CONGR"ESSIONAL ~ECORD-ROUSE. 4703 him for the purpose of taking command of the expedition to Lady Franklin The bill·was read, as follows: Bay to search for the pa-pers of Sir John Franklin~s expedition, etc., and was absent on this expedition until September 29, 1880. He was on special duty .JJe it enacted, etc., .:That 'the £ecretm-y of War or other ])roper official be, .in New York City from that da.te"UIItil January, 1881; was absent on account and is hereb¥, authorized and directed to ~·emove the charge of desertion cl sickness and subsequently on leave Qf ,absence uri.til October 21, 1881; standing agamst 'James McGowan, late of Company F, Eighty-second Ohio served ns aid-de-cmnp to General Miles until May 8, 188!, and in the m.ean Infantry Volunteers, and that the records be so amended as to show the said time, while on General Miles's staff, was in command of an exploring expe James McGowan to have been hono1·ably .discharged from-the:mil:itary serv dition in Alaska from May 20 to October 12, 1883. He rejoined his regiment ice of the United States. in Arizona in ·May 1884, .and -was on leave from September 6, 1884, until his Mr. ERDMAN. Let us have the-report. 't'esignation took effect, January 31, 1885. TheJ.'eport (·by Mr TRACEY) was read as.foll.ows· "During his service ..ne was on leave of absence for the following periods · ' • in addition to these above specified: 'I The Committee on 'Military :A.ffai.I•s, to whom was..referred the bill (H. ':R. "From SelJi;ember :M,J.875, toJ\:Iarch 2!•1876, an Mr. PICKLER. Mr. Chairman, I ·think the gentleman had · 5. That he was a good and faithful soldier from the time of his enlistment better strike that out of the record. This bill does not come from until the expiration of term of service of the Thirty-second New York In fantry. the Committee on Invalid Pensions, but comes from the Commit The father of the boy makes a statement which, although not sworn to, :Is tee on Military Affairs. strongly corroborated, that his boy enlisted for the unexpired term of the Mr. TALBERT. My remarks are in a general way. regiment, and that he was so told by the recruiting officer, Patrick Stanley, on the dav of the enlistment. Mr. PICKLER. I should say they are. Aletha A. Munson testifies to the same facts. Mr. TALBERT. And if they happen to hit such a bird as the Edward 0. Jones testified to his acquaintance with the boy, to his enlist gentlemen from South Dakota and he flutters I can not help it. ment, and says he verily believes that Edward H. Munson was deceived by the enlisting officer as to his term of enlistment. The affiant was captain of The gentleman seems to anticipate that something was going to be Company H, Thirty-second New York Infantry, to which company Munson said about his attempting to smother evidence and not bring it belonged, and Alfred Lawrence, first lieutenant of same company, testified before this House as chah·man of the committee. [Cries of to his personal knowledgeof the Hardin County, Ohio,., as the widow of James Yazell, deceased, late of Com "In April, 1895, soldier applied for increase, a,gk:ing that the e.x.amin.ation be pany G, Eighty-secona Ohio Volunteer Infantry. made at his home, but notwithstanding the history of the c.ase and the con clusive opinions of physicians and medical boards who had examined this Mr. ERDMAN. Let the report be read. - · man, a medical examiner of the Pension Bureau disposed of the case in these The report (by Mr. LAYTON) was read, as follows: words: The Committ-ee on Invalid Pensions, to whom was referred the bill (H. R. ' 'The evidence mentioned does not warrant another medical examination 1171) to pension Hannah Yazell, having carefully examined all the evidence looking to increase from $36 to $50 or $72 per month for gunshot wound of in the case, report as follows: left thigh, causing nervous prostration, for thE' reason that it doos not shoW' James Yazell, who was the husband of this claimant, served from October that claimant's helplessness is due entirely to said wound. He is shown by 31, 1861, to July 24, 1865. He died Oetob.er 26,1893, from disease of heart, for which said testimony and medical certificates in the case to be suffering from men he was pensioned. Mrs. Yazell filed claims in the Pension Office under both tal impairment, which can not be accepted as a result of pensioned wound old and new laws, but she li! informed that her claim can not be admitted and results. Any nervous prostration arising from the wound appears to there without proof of the divorce of the soldier from his first wife, and on have disappeared.' this point she is unable to furnish evidence which is satisfactory to the officials "As a resUlt of this o}:linion an examination was denied by the Bureau, under of the Pension Office. date of September 13,1895. She was married to the soldier April 8, 1873, with the understanding that " Comment is unnecessary on the medical statement upon which the action he had been divorced from his former wife, and lived with him as his wife of the Bureau was based. 1t is well known to medical men of ex-perience and bore him six children. She is unable ro find any record of the divorce, that mania frequently results from protracted nervous prostratwn, and but the evidence shows that after the divorce both the soldier and his former thert:~ is not in the entire case a word or a sentence which justifies the state wife -remarried, the soldier having procured a license, which he could not ment that • any nervous prostration arising from the wound appears to have have done where all the parties were known without satisfactory evidence disappeared." On the contrary, it is conclusively shown that the nervous of the di'>Solution of the :prior marriaaf' bonds. condition has steadily progressed, and is now more severe than ever before. The soldier and this clarmant, as wefi as his former wife and her husband, "Your committee are of the OJ? inion that this case belongs to the class which, under the general laws, are entitled to $72 per month. This bill asks that the ap~;~~~~~l!~e~/~ ;:~:t~[t f~~~~t[;i~~s=t£:a~yt~~l.soldier was di· pension be increa.<;ed from $36 to SilO, and we therefore report the bill back vorced from his former wifu, and that his marriage to the claimant was legal. favorably, with a recommendation that it pass." The former wife of soldier died five or six years ago, so there is no possibil The CHAIR:l'~'IAN . The question is, Shall this bill be laid aside ity of her filing a claim as widow. The bill, in the opinion of the committee, is a meritorious one and should to be reported to the House with a favorable recommendation? pass, and the committee so recommend. .1\Ir. TALBERT. Mr. Chairman, I want to say just a word. I :Mr. ERDMAN. Mr. Chairman, I should like to have the gen want this bill to pass. It is very strange to me, considering the tleman in charge of this bill give us some further explanation of condition of this old soldier, a private, perfectly helpless, with a it. The report is so brief that it is impossible to gather from it helpless family around him, that these gentlemen come in and cut anything satisfactory as to the merits of the bill. If these parties, him down $22 below what the law would allow him. I can not as the report says, "lived in the same community and were re understand these things, but this simply shows again the hypoc spected by all" their neighbors, the fact of their divorce ought not I'isy of gentlemen on the other-side. to be an obscure fact, but ought to be easily ascertained. If we Mr. PICKLER. We are not doing that. The gentleman states do not have that fact established, or do not have some explanation what is not true. ·[Cries of "Vote!" "Vote!"] or the case, weare simply voting another pension without knowing The bill was laid aside to be reported to the House with the rec· why we are doing it. ommendation that it do pass. The question was taken on laying the bill aside with a favora THOMAS M. SCOTT. ble recommendation, and the Chairman declared that the ayes The next business on the Private Calendar· was the bill (H. R. seemed to have it. 6132) granting an increase of pension to Thomas M. Scott. Mr. ERDMAN. I ask for a division. The bill was read, as follows: The committee divided; and there were-ayes101, noes none. Be it .enacted, e~c. That the Secretary of the ;Interior be, ~md he is hereby, authoriZed and directed to place upon the pens10n roll, subJect to the provi So the bill was laid aside to be reported to the House with the sions and limitations of tne pension laws, the name of Thomas M . Scott, late recommendation that it do pass. Company H, Seventy-eighth Illinois Volunteer Infantry, and to pay him a. WILLIA.M W . FRENCH . pension of $20 per month in lieu of the pension which he is now receiving. The report (by Mr. ANDREws) was read, as follows: The next·business on the Private Calendar was the bill (S. 137) The Committee on Invalid Pensions, to whom was referred the bill (H. R granting an increase of pension to William W. French. 6132) ,gran~ing an f?.ct:ease of pension to Thomas. M. Scott, late Company H; The bill was read, as follows: Seventy-eighth Illinois Volunteer Infantry, havmg carefully examined the Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, evid~nce r~lating thereto, respectfully submit the following report: authorized and directed to place on the p-ension roll, subject to the provisions Said soldier served from Septemb-er 1, 1862, to June 17, 1805, and was honor and limitations of the pension laws, the name of William W. French, lat.e of ably discharged. He was virtually in command of his company as captain Company B, Sixth Regiment New Hampshire Volunt-eer Infantry, and pay from September 20,1863, to February 15, 1865, but could not muster for want ~m~ . him a pension at the rate of S50 per month, in lieu of that he is now receivmg. The prisoner-of-war records show that he was captured February 15 1865 1\.ir. ERDMAN. Let us have the report read. at Seneca, S. C.; that he waa paroled March 1, 1865, and reported at cOllege Green Barracks, Md., March 7, 1865; that he was sent to Benton Barracks The report (by Mr. SuLLOWAY) was read, as follows: Mo., March 8, 1865, and reported there March 14,1865. ' The Committee on Invalid Pensions, to whom was referred the pill (8.137) Under the provisions of the act of Con!n'ess approved June 3, 1884, and the granting an increase of pension to William W. French, quote from the report acts amendatory thereof, he is considere'a by the War Department as com· of the Senate Committee on Pensions the following, which they adopt as missioned to the grade of captain totakeefi'ectfromMarch 20,1865. He drew their own: pay as captain from that date to June 17, 18tl5. "Claimant enlisted in the Sixth Regiment New Hampshire Volunteei' In Both feet and ankles were seriously injured while he was a paroled pri& fantry on the 15th day of October, 18tH, to serve three years. He was engaged oner, but a few days before he was must.ered as cautain, as per dates mdi· in the battle at Camden, N. C., April 19, 18tl2; Chantilly, Md., September 1, cated above. H~ i'l now pensione~ for those injuries at S8 per month, but 18G2; South Mountain, Maryland, September 13, 1862; Antietam, Md., Sep would have received S20 per month if he had been mustered as caJ?tain. tember 17,1862, and was wounded in the thigh at the battle of Fredericks Your committee believe that his service, the nature of his injuries, andhis burg, Va., December 13. 1862. He was discharge~ on tbe 2d day of Septem present physical and financial condition justly entitle him to an increase from ber, 1863, for total disability, the surgeon certifying (almost a year after the S8 to $20 per month, and therefore recommend the passage of the bill. wound was received) that soldier had not the slightest use of his limb, from which the ball has never been extracted. From the day he received the The bill was laid aside to be reported to the House with the wound until the present soldier has been a great sufferer, and is now a com recommendation that it do pass. - plete physical and mental wreck. He was first p-ensioned at $6 per month, Mr. PICKLER. Mr. Chairman, I move that the committee rise. which was increased to $8, $15, Sl8, $24, $30, and $36, the pension being granted for gunshot wound of left thigh, causing nervous prostration. The motion was agreed to. "Soldier has been confined to his bed for over five years, requiring the con The committee accordingly rose; and Mr. PAYNE having re stant attendance of another person. He has been examined by many ;ehysi sumed the chair as Speaker pro tempore, .Mr. HEPBURN, from the cians and medical boards, and has ahnost uniformly been rated at $42 p.er month.. At three different times the medical board at White River Junc Committee of the Whole, reported that they had had under con tion, Vt., found him suffering from gunshot wound and resulting nervous sideration sundry bills upon the Private Calendar and had directed prostration and insanity. The only medical testimony that throws the least him to report the same with various recommendations. ooubt upon the case is that of a single member of this same board, who examined the soldier at his home, and ventured thesuggestion that the nerv The hour of 10.30 p. m. having arrived, the Speaker pro tempore ous prostration was t><>SSibly not due to the wound. As the soldier was pen declared the House adjourned. sionedfornervons prostration, and this same physician had signed certificates with his associates on the board recognizing nervous prostration as a result of the wound, the value of his adverse testimony can easily be estimated. EXECUTIVE COMMUNICATION. "Dr. James A. Davis, of Lebanon, N. H., a skillful and experienced physician, Under clause 2 of RuleXXIV, a letterfrom the Secretary of the certifies that the nervous prostration w-as constantly increasing, and that it undoubtedly arose from the gunshot wound. Treasury, transmitting, with recommendations in regard thereto; "Dr. James A. Leeb, of Canaan, N. H., gave an affidavit in the case, in which the draft of an act to amend the act excluding Chinese from this he said: country, was taken from the Speaker's table and referred to the "'I have pra.cticed medicine for more than eleven years, and have b een at Committee on Immigration and Naturalization, and ordered to be tending physician to the applicant since August, 1888. He was at that time suffering from nervous prostration, which was so severe as to produce mania printed. in a mild form, and has been a constant sufferer ever since I first saw him. At times the pain is intense. In consequence of this nervous prostration he REPORTS OF COMMITTEES ON PUBLIC BILLS AND has been confined to his bed more than four years, and has not been dressed RESOLUTIONS. since May 16, 1891, and therefore requires the constant aid and attendance of another ferson, and has for more than five years. This condition of help Under clause 2 of Rule XIII, bills and resolutions were sever lessness believe to be wholly due to the nervous prostration caused by gun· ally reported from committees, delivered to the Clerk, and refeiTed shot wound in left thigh, received at the battle of Fredericksburg, as stated to the several Calenda,rs therein named, as follows: in my J?revious affidavits, and for which applicant is now pensioned. This affidaVIt is written by me from my own personal examination, and was not Mr. BABCOCK, from the Committee on the District of Colum prepared or dictateq. by any o~her person.' bia, to which was referred the bill of t~w House (H. R. 8332) to XXVIII-295 / 4706 CONGRESSIONAL RECORD-HOUSE. MA_y 1, establish certain harbor regulations for the District of Columbia, By Mr. LOUDENSLAGER, from the Committee on Pensions: reported the same without amendment, accompanied by a report The bill (H. R. 1793) for the relief of Michael Bassett. (Report (No. 1G7 ) ; which said bill and report were referred to the House No. 1591.) Calendar. Mr. FLYNN, from the Committee on the Public Lands, to ADVERSE REPORTS. which was referred House bill No. 4074, reported in lieu thereof a bill (H. R. 8616) for the relief of settlers on certain lands in Under clause 2 of Rule Xlll, Mr. MADDOX, from the Committee Oklahoma, accompanied by a report (No. 1581); which said bill on Indian Affairs, reported adversely (Report No. 1580) the bill and report were referred to the Committee of the Whole House (H. R . 5) to pay to holders of Kaw or Kansas Indian scrip the on the state of the Union. balance due upon said scrip; which said bill and report were laid He also, from the same committee, to which was referred the bill on the table. of the Senate (S. 2816) granting land to theNashville Presbyterian Church, of Nashville, S. Dak., reported the same with amendment, PUBLIC BILLS, MEMORIALS, AND RESOLUTIONS. accompanied by a report (No. 1586); which said bill and r eport Under clause 3 of Rule XXII, bills, r esolutions, and memorials were refeiTed to the Committee of the Whole House on the state of the following titles were introduced, and severally referred as of the Union. follows: Mr. WOOD, from the Committee on Invalid Pensions, to which By Mr. WELLINGTON: A bill (H. R. 8612) to authorize the was referred the bill of the House (H. R.6891) to amend section 1 President of the United States to appoint and confer the rank of of an act entitled "An act granting pensions to army nurses," lieutenant, junior class, upon the instructor in swordsmanship at approved August 5, 1892, reported the same with amendment, the United States Naval Academy-to the Committee on Naval accompanied by a report (No. 1585); which said bill and report Affairs. were referred to.,the Committee of the Whole House on the state By Mr. BINGHAl\I: A bill (H. R. 8613) to amend chapter 67 of of the Union. volume 23 of the Statutes at Large of the United States-to the :Mr. MAHANY, from the Committee on Immigration and Nat Committee on Naval Affairs. uralization, to which was referred the bill of the House (H. R. By Mr. PICKLER: A bill (H. R. 8614) donating condemned 8474) for the necessary and better protection of American labor cannon and balls to the Department of the Grand Army of the and the enforcement of the law of domicile and the restriction of Republic of South Dakota-to the Committee on Naval Affairs. immigration to such a degree as will serve that end, reported the By Mr. CATRON: A bill (H. R. 8615) to amend an act entitled same with amendments, accompanied by a report (No. 1.'589); "An act to restrict the ownership of real estate in the Territories which said bill and report were referred to the Committee of the to American citizens," etc., approved March 3, 1887-to the Whole House on the state of the Union. Committee on the Territories. Mr. BROWN, from the Committee on the Judiciary, to which By Mr. BANKHEAD: A bill (H. R. 8617) to authorize the con was referred the bill of the House (H. R. 2708) to constitute a struction of a bridge across theW arrior River by the Mobile and new division of the eastern judicial district of Texas, and to pro Ohio Railroad .Company-to the Committee on Interstate and vide for the holding of terms of court at Beaumont, Tex., and for Foreign Commerce. the appointment of a clerk for sajd court, reported the same with By Mr. BAKER of Kansas (by r equest): A bill (H. R. 8618) for amendment, accompanied by a report (No. 1590) ; which said bill raising additional revenue; for reestablishing, in the distribution and report were referred to the House Calendar. of the burdens and benefits of government among the people, a condition of equity in its complex relation to the citizens and their prosperity; for creating a fund for the payment of pensions, and REPORTS OF COMMITTEES ON PRIVATE BILLS. for setting our army of idle laborers at work on extensive public Under clause 2 of Rule XIII, private bi11.3 and resolutions were improvements; for removing the strongest incentive to crime severally reported from committees, delivered to the Clerk, and among the poor and to vice among the rich; for protecting the r eferred to the Committee of the Whole House, as follows: American from the influx of undue alien competition, and for By Mr. TRACEY, from the Committee on :Military Affairs: other purposes-to the Committee on Ways and Means. The bill (H. R . 935) for the relief of J . E . Gillingwaters. (Re By Mr. SHAW: A bill (H. R. 8619) for the establishment of a port No. 1568.) soldiers' home at Southern Pines, N. C.-to the Committee on Mili The bill (H. R. 3325) to remove the charge of desertion from tary Affairs. t he service record of Alexander Warren. (Report No. 1569.) Also, a bill (H. R. 86.20) for the reestablishment of the United The bill (H. R.-710) to remove charge of desertion against States Arsenal at Fayetteville, N. C.-to the Committee on Mili J ames A. Crouch. (Report No. 1570.) tary Affairs. The bill (H. R. 4742) removing the charge of desertion from By Mr. WHEELER: A bill (H. R. 8622) to authorize the con the military record of James Murphy. (Report No. 1571.) . struction of a bridge across the Alabama River .by the Mobile and The bill (H. R . 936) for the relief of Henry Korzendorfer. (Re Ohio Railroad Company-to the Committee on Interstate and port No. 1572. ) Foreign Commerce. By Mr. FENTON, from the Committee on Military Affairs: By Mr. BAKER of New Hampshire: A concurrent resolution The bill (H. R. 6009) to remove the charge of desertion from the (House Con. Res. No. 45) providing for an investigation of the military record of John D. Anderson. (Report No. 1573.) late purchase of seeds by the Department of Agriculture and of By Mr. PARKER, from the Committee on Military Affairs: certain alleged statements of the Secretary and Assistant Secre The bill (H. R . 3717) to remove the charge of desertion from the tary of that Department in regard to the conduct of Senators and record of Peter Guia. (Report No. 1574.) Representatives in Congress- to the Committee on Agriculture. By Mr. GRIFFIN, from the Committee on Military Affairs: The bill (H. R. 6385) to remove the charge of desertion against Carl F. W. Stolle, of Iron Ridge, Wis. (Report No. 1575.) PRIVATE BILLS, ETC. The bill (H. R. 4943) to remove the charge of desertion stand Under clause 1 of Rule XXII, private bills of the following titles ing against the name of Patrick Dougherty, Company A, Thir were presented and referred as follows: teenth New York Volunteer Infantry. (Report No. 1576.) By Mr. ARNOLD of Pennsylvania: A bill (H. R. 8623) granting The bill (H. R . 1628) for the relief of Dewitt Eastman. (Re an increase of pension to Martin Funk, late of Company C, One port No. 1577.) hundred and forty-eighth Pennsylvania Volunteers-to the Com By Mr. WILSON of New York, from the Committee on Naval mittee on Invalid Pen~ions . Affairs: The bill (H. R. 589) to 1·emove the charge of desertion Also, a bill (H. R. 8624) to remove the charge of desertion against from the military record of Joseph G . March, of U.S. S. Galena. the name of J ames Eagan, late of Company A, Fifty-ninth Regi (Report No. 1579.) ment New York Volunteer Infantry-to the Committee on Mili By Mr. BISHOP, from the Committee on Military Affairs: The tary Affairs. bill(H.R. 4:3i9)forthereliefofJohnH.Willis. (ReportNo.1582.) By Mr. BEACH: A bill (H. R . 8625) to relieve Samuel Schmitz By Mr. PICKLER, from the Committee on Invalid Pensions: from the charge of desertion-to the Committee on Military The bill (S. 2045) entitled "An act granting a pension to Han·iet Affairs. R. Matlack." (Report No.1583.) Also, a bill (H. R. 8626) to increase the p ension of Col. H. N. By Mr. SULLOWAY, from the Committee on Invalid P ensions: Whitbeck-to the Committee on Invalid Pensions. The bill (S. 836) entitled "An act for the relief of William J. Mur Also, a bill (H. R. 8627 ) for increase of pension to Mrs. Esta ray." (Report No. 1584.) Snyder-to the Committee on Invalid Pensions. By Mr. HOWE, from the Committee on Pensions: The bill Also, a bill (H. R. 8628) to relieve William H. Taylor from the (II. R. 3898) granting a pension to Herbert W . Leach. (Report charge of desertion-to the Committee on Military Affairs. No. 1587.) By .Mr. BROMWELL: A bill (H. R. 8629) to remove the charge By 1\lr. BLACK of Georgia, from the Committee on Pensions: of desertion against of John De Witt, late of Company D,Fifty The bill (H. R. 8248) to increase the pension of Mrs. Emily E. second Indiana Volunteer Infantry, and grant him an honorable Cash. (Report No. 1588.) discharge-to the Committee on Military Affairs. 1896. CONGRESSIONAL RECORD-SENATE. 4707 By Mr. CLARDY: A bill (H. R. 8630) to correct the military favorable action on House bill No. 4566, to amend the post::tllaws record of Nathaniel L. Lightfoot-to the Committee on Military relating to second-class matter, and bill No. 838, to r educe letter Affairs. · postage-to the Committee on the Post-Office and Post-Roads. By Mr. COLSON: A bill (H. R. 8631) for the benefit of George By Mr. OTJEN: Remonstrances and petitions of Charles .Ploetz W. J oily-to the Committee on Claims. and 15 other citizens of :Milwaukee, Wis., regarding the Marquette Also, a bill (H. R. 8632) granting restoration of pension to George statue-to the Committee on the Library. • J. Polston-to the Committee on Invalid Pensions. By Mr. QUIGG: Petition of Abraham Lincoln Council, No. 6, Also, a bill (H. R. 8633) granting a pension to Nancy Roberts, Union Veteran Protectiva Association, of New York; also petition of Manchester, Clay County, Ky.-to the Committee on Invalid of John E. Land and others, of New York City, praying for the Pensions. ' passage of a law giving $8 per month to every soldier who served By Mr. HAGER: A bill (H. R. 8634) granting a pension to Mary ninety days in the war of the rebellion-to the Committee on Jane Crane-to the Committee on Pensions. Invalid Pensions. By Mr. HALTERMAN: A bill (H. R. 8635) granting a pension Also, petition of Michael McAndrew, late of the United States of 820 per month to Eleanor M. Laise-to the Committee on Pen Navy on board 'Of the Wamsutta, Merccdita, Chenango. and Ban sions. .<:h ee, for pension by special act, to accompany House bill-to the By Mr. MEREDITH: A bill (H. R. 8636) for the relief of Al Committee on Invalid Pensions. phonso M. Potvin, late of Colon, Republic of Colombia-to the . Also, papers to accompany House bill to increase the pension of Committee on Claims. Mrs. Rebecca S. Foster-to the Committee on Invalid Pensions. By Mr. MOODY: A bill (H. R. 8637) granting a pension to By Mr. SOUTHARD: Petition of L. Franc & Co. and several Elizabeth B. Manning-to the Committee on Invalid Pensions. othe~ business fu·ms of Toledo, Ohio, a.sking for the passage of a By Mr. PATTERSON: A bill (H.R. 8638) for therelief of Pat joint resolution of Hon. J. H. BROMWELL, relative to shortening rick G. Meath-to the Committee on War Claims. the bonded period on distilled spirits-to the Committee on Ways By Mr. PICKLER: A bill (H. R. 8639) granting a pension to and Means. Matilda A. Higgins-to the Committee on Invalid Pensions. By Mr. TURNER of Georgia: Preamble and resolutions of a By Mr. QUIGG: A bill (H. R. 8640) to increase the pension of town meeting at Dublin, Ga., of which W. S. Ramsey was chair Mrs. Rebecca S. Foster-to the Committee on Invalid P ensions. man and F. C. Black secretary, relating to the case of A. J. Diaz, · Also, a bill (H. R. 8641) to pension Michael McAndrew-to the of Habanar-to the Committee on Foreign Affairs. Committee on Invalid Pensions . . By Mr. SHAW: A bill (H. R. 8642) for the relief of H. R. Bryan, of Craven County, N. C.-to the Committee on War SENATE. Claims. By Mr. STAHLE: A bill (H. R. 8643) to ipcrease the pension of SATURDAY, ]fay 2, 1896. Capt. Hiram S. McNair, Third Maryland Cavalry-to the Com plittee on Invalid Pensions. Prayer by the Chaplain, Rev. W. B. MILBURN, :b. D. By Mr. WALKER of Virginia: A bill (H. R. 8644) for the relief The VICE-PRESIDENT resumed the chair. of Waller R. Staples, jr.-to the Committee on Claims. The Secretary proceeded to read the Journal of yesterday's pro By ·Mr. WHEELER: A bill (H. R. 8645) to refer the claim of ceedings. Kennon H. Steger to the Court of Claims-to the Committee on Mr. HALE. I ask that the further reading of the Journal be War Claims. dispensed with. Also, a bill (H. R. 8646) for the relief of the heirs of Dr. Andrew The VICE-PRESIDENT. Is there objection to the request of Moore-to the Committee on War Claims. the Senator from Maine? :Mr. HALE. I will take this occasion to state that in view of the agreement which was made yesterday that to-day should be PETITIONS, ETC. devoted to finishing the naval appropriation bill, and as there Under clause 1 of Rule XXII, the following petitions and papers are several Senators who desire to submit amendments and make were laid on the Clerk's desk and referred as follows: remarks upon them, I shall be obliged to resist any request for By Mr. ARNOLD of Pennsylvania: Petition of citizens of Lock unanimous consent to take up other measures, and immediately Haven, Pa., to accompany House bill No. 7935, for the relief of after the routine morning business is disposed of I shall ask the Capt. C. Wilson Walker-to the Committee on Military Affairs. Senate to proceed with the naval appropriation bill. By Mr. BABCOCK: Petition of H. P. Proctor and 20 others, of The VICE-PRESIDENT. Is there objection to the request of Viroqua, Wis., praying for favorable action on House bills Nos. the Senator from Maine? • 838 and 4566, to amend the pq;3tallaws-to the 9ommittee on the Mr. PEFFER. What is the request of the Senator from Maine? Post-Office and Post-Roads. The VICE-PRESIDENT. To dispense with the further reading By Mr. BAKER of Kansas: Petition of Percy Daniels, of Craw of the Journal. The Chair hears no objection, and the further fordsville, Ind., to accompany House bill for raising additional reading is dispensed with. revenue, for reestablishing the distribution of the burdeus and EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE. benefits of government, and other purposes-to the Committee on The VICE-PRESIDENT laid before the Senate a communica· Ways and Means. • tion from the Public Printer, transmitting, in response to a reso By Mr. BULL: Petition of citizens of Providence, R.I., in fayor lution of April20, 1896, a statement of the amount of leave money of the adoption of the metric system-to the Committee on Coin claimed to be due to employees of the Government Printing Office age, Weights, and Measures. · for the fiscal year 1892 and 1893; which was referred to the Com Also, paper to accompany House concurrent resolution No. 44, mittee on Civil Service and Retrenchment, and ordered to be to print 5,000 copies of the report on "The proposed American printed. interoceanic canal in its commercial aspects "-to the Committee HOUSE BILLS REFERRED. on Printing. By Mr. COOPER of Wisconsin: Petition and remonstrance of The bill (H. R. 515) granting a pension to William Grose was citizens of Kenosha County, Wis., against the statue of Pere read twice by its title, and referred to the Committee on Pensions. Marquette remaining in Statuary Hall-to the Committee on the The bill (H. R. 7668) to establish a term of the district and cir Library. cuit courts of the United States at Roanoke, Va., in the western By Mr. GROSVENOR: Petition of Rev. John W. Young and district of Virginia, was read twice by its title, and referred to others, of the State of Ohio, for the passage of House bill No. 6851, the Committee on the Judiciary. appropriatingunc1aimedpensionand bounty money due the estates PETITIONS AND 1\IEMORI.A.LS. of deceased colored soldiers to military and educational purposes Mr. McMILLAN presented the petition of John A. Wineberger for the colored people-to the Committee on War Claims. and 12 other citizens of the District of Columbia, praying that an By Mr. HULICK: Petition of G. W. McMurch, J. & H. Glas appropriation be made for grading and regulatinglllinoisavenue, cens, and other citizens of New Richmond, Ohio, asking for the in the District of Columbia; which was referred to the Committee passage of the pending bankruptcy bill-to the Committee on the on Appropriations. Judiciary. Mr. GALLINGER presented a petition of J. H. Danseur Post, Also, petition of citizens of Lebanon, Ohio, in favor of the pas No. 104, Department of Indiana, Grand Army of the Republic, of sage of House bill No. 4566, relating to second-class mail matter Lagrange, Ind., signed by J. J. Cookingham, commander, E. M. and bill No. 838, to reduce letter postage-to the Committee on Hutchinson, adjutant, and H. M. Kromer, senior vice-commander, the Post-Office and Post-Roads. praying for the enactment of a service-pension law; which was or By Mr. JOHNSON of North Dakota: Petition of 3:049 citizens dered to lie on the table. of the State of North Dakota, in favor of the Denny bill or some :M:r. SHERJ\IAN presented a petition of Local Union, No. 2, U nit.ed similar measure for bidding the issuance of Federal licenses in pro Brotherhood of Carpenters and Joiners, of Cincinnati, Ohio, pray hibition States-to the Committee on Ways and Means. jng for the free coinage of silver; which was ordered to lie on the By Mr. MADDOX: Petition of citizens of Cartersville, Ga., for table.